1 AGREEMENT FOR PROFESSIONAL SERVICES
This Agreement is made and entered into this ____ day of ________________, 20___, by and between the CITY OF MANTECA, a public body, corporate and politic ("City") and ETA Transit Systems, Inc., a S corporation ("Consultant").
RECITALS
A. Consultant is specially trained, experienced, and competent to perform the professional services required by this Agreement.
B. Consultant possesses the skill, experience, ability, background, certification, and knowledge to provide the services described in this Agreement on the terms and conditions specified herein.
C. City desires to retain Consultant to render the professional services set forth in this Agreement.
AGREEMENT
1. Scope of Services. Consultant shall perform the Intelligent Transportation System (ITS) services described in the attached Exhibit A that is incorporated by this reference, and pursuant to the Proposal submitted by Consultant dated September 19, 2022 and attached hereto as Exhibit B. Consultant shall provide these services at the time, place, and in the manner specified in Exhibit A, subject to the direction of the City through its staff that may be provided from time to time. Performance of the Intelligent Transportation System (ITS) services is sometimes referred to herein as “the Project.”
2. Work Through City Staff. Consultant shall perform its services pursuant to this Agreement solely through City staff. No communications, information or documentations shall be made directly to any applicant to the City without the prior written consent of the City. This shall not apply to the sole request of information or clarification of information by Consultant from the applicant. All requests shall be noted to City in an expeditious manner.
3. Time of Performance. Consultant’s services will commence upon execution of this Agreement and shall be completed in accordance with the Schedule of Activities, attached hereto as Attachment 3. All work shall be completed no later than June 30, 2028. Failure to submit work products in accordance with the Schedule of Activities may result in the City withholding progress payments. Repeated failure to complete work products in accordance with the Schedule of Activities may result in a reduction of the total compensation provided for in Section 4 herein.
4. Compensation. Without additional authorization from the City, compensation to be paid to Consultant shall not exceed one hundred ninety-one thousand, nine hundred and ninetyseven DOLLARS ($191,997). Payment by City under this Agreement shall not be deemed a waiver of any defects, even if those defects were known to the City at the time of payment.
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2 5. Method of Payment. Consultant shall submit monthly billings to City specifying and describing the work performed during the preceding month. Consultant's bills shall include a brief description of the services performed, the date the services were performed, the number of hours expended and by whom, and a description of any reimbursable expenditures. Full payment of each task will only be made at such time as each task is completed.
City shall pay Consultant no later than 30 days after approval of the monthly invoice by City staff. Payments may be delayed by City if Consultant fails to provide services in accordance with the Schedule of Activities, unless the City has provided prior written consent to any delay in the schedule.
6. Extra Work. At any time during the term of this Agreement, City may request that Consultant perform Extra Work. As used herein, the term "Extra Work" means any work that is determined by City to be necessary for the proper completion of the Project, but which the parties did not reasonably anticipate would be necessary at the time of execution of this Agreement. Consultant shall not perform, nor be compensated for, Extra Work without the City’s prior written authorization.
7. Termination. This Agreement may be terminated by the City immediately for cause, or by either party without cause upon 15 days’ prior written notice of termination. Upon termination, Consultant shall be entitled to compensation for services performed up to the effective date of termination upon submittal of an invoice for same.
8. Ownership of Documents; Confidentiality.
A. All plans, studies, documents, and other writings prepared by and for Consultant, its officers, employees, agents, and subcontractors in the course of implementing this Agreement, except working notes and internal documents, shall become the property of City upon payment to Consultant for such work. City shall have the sole right to use such materials in its discretion without further compensation to Consultant or to any other party. Consultant shall, at Consultant's expense, provide such reports, plans, studies, documents and other writings to City upon written request by City. Consultant shall not be responsible for any unauthorized modification or use of such information for other than its intended purpose.
B. All memoranda, specifications, plans, procedures, drawings, descriptions, computer program data, input record data, written information, and other documents and data, either created by or provided to Consultant in connection with the performance of this Agreement, shall be held confidential by Consultant. These materials shall not, without the City’s prior written consent, be used by Consultant for any purposes other than the performance of the services under this Agreement. Nor shall these materials be disclosed to any person or entity not connected with the performance of services under this Agreement. Nothing furnished to Consultant that is otherwise known to Consultant, or is generally known, or has become known to the related profession shall be deemed confidential. Consultant shall not use City's name or insignia, photographs relating to the Project for which Consultant's services are rendered, or any publicity pertaining to the Consultant's services under this Agreement in any magazine, trade paper, newspaper, television or radio production, or other similar medium without the City’s prior written consent.
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3 9. Consultant's Books and Records.
A. Consultant shall maintain all ledgers, books of account, invoices, vouchers, canceled checks, and other records or documents evidencing or relating to charges for services, or expenditures and disbursements charged to City, for a minimum period of three years, or for any longer period required by law, from the date of final payment to Consultant under this Agreement.
B. Consultant shall maintain all records that document performance under this Agreement for a minimum period of three years, or for any longer period required by law, from the date of termination or completion of this Agreement.
C. Any records or documents required to be maintained pursuant to this Agreement shall be made available for inspection or audit at any time during regular business hours, upon written request by the City Manager, City Attorney, City Auditor, or a designated representative of any of these officers. Copies of such documents shall be provided to City for inspection at City Hall when it is practical to do so. Otherwise, unless an alternative is mutually agreed upon, the records shall be available at Consultant's address specified in Section 16 of this Agreement.
D. Where City has reason to believe that records or documents may be lost or discarded due to the dissolution or termination of Consultant's business, City may, by written request, require that custody of the records be given to the City and that the records and documents be maintained in City Hall. Access to these records and documents shall be granted to any party authorized by Consultant, Consultant's representatives, or Consultant's successor-ininterest.
10. Independent Contractor. In the performance of the work and services required by this Agreement, Consultant shall act as and be an independent contractor and not an agent, or employee of the City. Consultant shall obtain no rights to retirement or other benefits that accrue to City's employees, and Consultant expressly waives any claim it may have to any such rights.
11. Interest of Consultant.
A. Consultant represents that neither it nor any employee has any investment or interest in real property, and shall not acquire any such interest, direct or indirect, within the area covered by this Agreement, or any other source of income, interest in real property, or investment that would be affected in any manner or degree by the performance of Consultant's services hereunder. Consultant further represents that, in the performance of its duties hereunder, no person having any such interest shall perform any services under this Agreement.
B. Consultant is not a designated employee within the meaning of the Political Reform Act because Consultant:
(1) will conduct research and arrive at conclusions with respect to its rendition of information, advice, recommendation, or counsel independent of the control and direction of the City, or of any City official, other than normal Agreement monitoring; and
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4 (2) possesses no authority with respect to any City decision beyond the rendition of information, advice, recommendation, or counsel. (FPPC Reg. 18700(a)(2).)
12. Professional Ability of Consultant.
A. City is relying upon the professional training and ability of Consultant to perform the services hereunder as a material inducement to enter into this Agreement.
Consultant shall therefore provide skilled professional and technical personnel to perform all services under this Agreement. All work performed by Consultant shall be in accordance with applicable legal requirements and shall meet the standard of quality ordinarily to be expected of competent professionals in Consultant's field of expertise.
B. The primary provider of the services required by this Agreement shall be ETA Transit Systems, Inc. A list of other individuals assigned to the Project will be provided to City for its review and approval, and these individuals shall not be replaced without the City’s prior written consent.
13. Compliance with Laws. Consultant shall use the customary standard of care in its profession to comply with all applicable federal, state, and local statutes, codes, ordinances, and regulations.
14. Licenses. Consultant represents and warrants to City that it has all licenses, permits, qualifications, insurance, and approvals that are legally required of Consultant to practice its profession. Consultant represents and warrants to City that Consultant shall, at its sole cost and expense, keep in effect or obtain at all times during the term of this Agreement, any licenses, permits, insurance, and approvals that are legally required of Consultant to practice its profession.
15. Indemnification and Hold Harmless. Consultant agrees to defend, indemnify, and hold harmless the City, its officers, officials, agents, employees, and volunteers, from and against any and all claims, demands, actions, losses, damages, injuries, and liability, direct or indirect (including any and all costs and expenses in connection therewith), arising out of Consultant’s performance of this Agreement, or Consultant’s failure to comply with any of its obligations contained in this Agreement; excluding, however, any claim arising out of the active negligence or willful misconduct of the City, its officers, agents, employees, or volunteers.
16. Insurance Requirements.
A. Job specific insurance requirements can be found on the attached Attachment
4. Other insurance provisions can be found below:
B. Endorsements. Each general liability and automobile liability insurance policy shall be with insurers possessing an A.M. Best's rating of no less than A:VII and shall be endorsed with language substantially as follows:
(1) The City, its elected and appointed officers, officials, employees, agents and volunteers are to be covered as additional insureds with ATTACHMENT 2
5 respect to liability arising out of work performed by or on behalf of the Consultant, including materials, parts, or equipment furnished in connection with such work.
(2) The policy shall be considered primary insurance as respects the City, its elected and appointed officers, officials, employees, agents and volunteers. Any insurance maintained by the City, including any self-insured retention the City may have, shall be considered excess insurance only and shall not contribute with it. (3) The insurance shall apply to each insured and additional insured as though a separate policy had been written for each, except with respect to the limits of liability of the insuring company. (4) The insurer waives all rights of subrogation against the City, its elected and appointed officers, officials, employees, and agents. (5) Any failure to comply with reporting provisions of the policies shall not affect coverage provided to the City, its elected and appointed officers, officials, employees, agents, or volunteers. (6) The insurance provided by the policy shall not be suspended, voided, canceled, or reduced in coverage or in limits except after 30 days written notice has been received by the City.
(7) The City will not accept any endorsements that were issued in 2004. Acceptable endorsement forms are CG 20 10 11 85 or both CG 20 10 10 01 and CG 20 37 10 01.
C. Deductibles and Self-Insured Retentions. Any deductibles or self-insured retentions must be declared to and approved by the City. At the City's option, Consultant shall demonstrate financial capability for payment of those deductibles or self-insured retentions.
D. Certificates of Insurance. Consultant shall provide to City certificates of insurance with original endorsements as evidence of the required insurance coverage.
Certificates of insurance shall be filed with the City on or before commencement of performance of this Agreement. Current certification of insurance shall be kept on file with the City at all times during the term of this Agreement.
17. Notices. Any notice required to be given under this Agreement shall be in writing and either served personally or sent prepaid, first class mail. Any such notice shall be addressed to the other party at the address set forth below. Notice shall be deemed communicated within 48 hours from the time of mailing if mailed as provided in this section.
If to City: City of Manteca
1001 W. Center Street
Manteca, CA 95337
Attention: Juan Portillo
ATTACHMENT 2
6 If to Consultant: ETA Transit Systems, Inc.
7700 Congress Avenue
Suite 2201
Boca Raton, FL 33487
Attention: Nicole Castonguay
18. Entire Agreement. This Agreement constitutes the complete and exclusive statement of Agreement between the City and Consultant. All prior written and oral communications, including correspondence, drafts, memoranda, and representations, are superseded in their entirety by this Agreement.
19. Amendments. This Agreement may be amended only by a written document executed by both Consultant and City and approved as to form by the City Attorney.
20. Assignment and Subcontracting. The parties recognize that a substantial inducement to City for entering into this Agreement is the professional reputation, experience, and competence of Consultant. Assignments of any or all rights, duties, or obligations of the Consultant under this Agreement will be permitted only with the express written consent of the City. Consultant shall not subcontract any portion of the work to be performed under this Agreement without the written authorization of the City. If City consents to such subcontract, Consultant shall be fully responsible to City for all acts or omissions of the subcontractor.
Nothing in this Agreement shall create any contractual relationship between City and subcontractor nor shall it create any obligation on the part of the City to pay any monies due to any such subcontractor other than as may be required by law.
21. Waiver. Waiver of any breach or default under this Agreement shall not constitute a continuing waiver of a subsequent breach or default of the same or any other provision under this Agreement.
22. Severability. If any provision of this Agreement is held to be invalid, illegal, or otherwise unenforceable by a court of competent jurisdiction, the remaining provisions of this Agreement shall continue in full force and effect.
23. Controlling Law; Venue. This Agreement and all matters relating to it shall be governed by the laws of the State of California, and any legal action relating to this Agreement shall take place in the Superior Court, County of San Joaquin.
24. Litigation Expenses and Attorneys' Fees. If either party to this Agreement commences any legal action against the other party arising out of this Agreement, the prevailing party shall be entitled to recover its reasonable litigation expenses, including court costs, expert witness fees, discovery expenses, and attorneys' fees.
25. Mediation. The parties agree to make a good faith attempt to resolve any disputes arising out of this Agreement through mediation prior to commencing litigation. The parties shall mutually agree upon the mediator and shall divide the costs of mediation equally. If the parties are unable to agree upon a mediator, the dispute shall be submitted to JAMS/ENDISPUTE ("JAMS") or its successor in interest. JAMS shall provide the parties with the names of five qualified mediators. Each party shall have the option to strike two of the five ATTACHMENT 2
7 mediators selected by JAMS, and thereafter the mediator remaining shall hear the dispute. If the dispute remains unresolved after mediation, either party may commence litigation.
26. Execution. This Agreement may be executed in several counterparts, each of which shall constitute one and the same instrument and shall become binding upon the parties when at least one copy has been signed by both parties.
27. Authority to Enter Agreement. Consultant warrants that it has all requisite power and authority to conduct its business and to execute, deliver, and perform this Agreement. Each party warrants to the other that the signatories to this Agreement have the legal power, right, and authority to enter into this Agreement and to bind each party.
28. Prohibited Interests.
A. Consultant warrants that it has not employed or retained any person, other than a bona fide employee working solely for Consultant, to solicit or secure this Agreement.
Further, Consultant warrants that it has neither paid nor agreed to pay any person, other than a bona fide employee working solely for Consultant, any fee, commission, percentage, brokerage fee, gift, or other consideration contingent upon or resulting from the award or making of this Agreement. For any breach or violation of this warranty, City shall have the right to rescind this Agreement without liability.
B. For the term of this Agreement, no member, officer, or employee of City, during the period of his or her service with City, shall have any direct interest in this Agreement, or obtain any present or anticipated material benefit arising therefrom.
29. Equal Opportunity Employment. Consultant represents that it is an equal opportunity employer, and it shall not discriminate against any subcontractor, employee, or applicant for employment because of race, religion, color, national origin, handicap, ancestry, sex, or age. Such non-discrimination shall include, but not be limited to, all activities related to initial employment, upgrading, demotion, transfer, recruitment or recruitment advertising, layoff or termination.
30. Precedence. In case of conflict between Consultant’s Proposal/Consultant’s attachments and the City’s Agreement/City’s attachments, the City’s Agreement and City’s attachments shall take precedence over Consultant’s proposal/Consultant’s attachments.
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8 This Space Purposely Left Blank
ATTACHMENT 2
9 TO EFFECTUATE THIS AGREEMENT, each of the parties has caused this Agreement to be executed by its duly authorized representative as of the date set forth in the introductory paragraph on page 1 above.
CITY OF MANTECA: CONSULTANT:
_________________________________ ___________________________________ Toni Lundgren ETA Transit Systems, Inc.
Interim City Manager
ATTEST: By: ___________________________________
(Signature)
_________________________________ ___________________________________ Cassandra Candini-Tilton, Nicole Castonguay, CEO
Director of Legislative Services
COUNTERSIGNED: By: ___________________________________
(Signature)
_________________________________ ___________________________________ Bret Harmon, (Type name and title)
Director of Finance
COUNTERSIGNED: Address: 7700 Congress Avenue
Suite 2201
Boca Raton, FL 33487
_________________________________
Dawn Cortesi,
Interim Director of Human Resources
Telephone: (719)453-0251
APPROVED AS TO FORM:
_________________________________
L. David Nefouse,
City Attorney
ATTACHMENT 2
10 Exhibit A
REQUEST FOR PROPOSAL
ATTACHMENT 2
REQUEST FOR PROPOSAL
For
City of Manteca
Intelligent Transportation System (ITS)
Response Due:
September 19, 2022 @ 4:00 PM
Late submittals will not be accepted.
City of Manteca
Public Works Department – Transit Division
Attention: Juan Portillo
1001 West Center Street
Manteca, CA 95337
ATTACHMENT 2
TABLE OF CONTENTS
Section 1 General Information........................................................................................... 1
1.1 Introduction 1
1.2 CITY’S Rights 1
1.3 PROPOSER’S Responsibilities 2
1.4 Consequence of Submission of Proposal 2
1.5 Cost of Submitting Proposals 3
Section 2 Background........................................................................................................ 4
2.1 Manteca Transit 4
Section 3 Schedule & Submittal Instructions................................................................... 5
3.1 Schedule 5
3.2 Proposal Submission 5
3.3 Non-Mandatory Pre-Proposal Teleconference 5
3.4 Written Questions 6
3.5 Clarification/Interviews 6
3.6 Best and Final Offers 6
3.7 Accuracy in Reporting Requested Information 6
Section 4 Proposal Requirements..................................................................................... 7
4.1 Performance Requirement 7
4.2 Content of Technical Proposals 7
4.3 Content of Price Proposal 8
4.4 Performance Bond 8
4.5 Willingness to Accept Proposed Arrangements 8
Section 5 Evaluation and Selection Process ........................................................................ 9
5.1 Evaluation and Selection Process 9
5.2 Evaluation Criteria 9
5.3 Notification to Unsuccessful PROPOSERS 9
Appendix A – Scope of Work ................................................................................................. 10 Attachment I - FEDERAL TRANSIT ADMINISTRATION (FTA) CLAUSES.............................20 Attachment II – Professional Services Agreement ...............................................................47 Attachment III – Transit Vehicle List …………………………………………………………...…57 ATTACHMENT 2
1 Section 1 General Information
1.1 Introduction
The City of Manteca (“CITY”) is seeking proposals from qualified and experienced organizations for the provision of an Intelligent Transportation System (ITS) on behalf of the City’s Public Works Department, Transit Division located at 220 Moffat Blvd, Manteca, CA 95336.
Respondents will be competing against each other for selection to provide the services comprised of Automatic Vehicle Location (AVL), Computer Aided Dispatch (CAD-Fixed Route Only), Automated Passenger Counter (APC), and Automatic Voice Announcements (AVA) for a total of 7 vehicles: 5 fixed route cut-aways, 1 fixed route CNG and 1 alternative vehicle. The submission of all Respondents shall be compared and evaluated pursuant to the evaluation criteria set forth in this RFP.
The purpose of this RFP is to establish a contract to provide and implement a System that increases availability of transit information and dissemination; and improves the Operator's overall dispatching, operational efficiency, cost effectiveness, and security of its transit services.
The CITY seeks a System that has advanced vehicle technologies and customer information systems. The System shall be complete in every respect inclusive of all design, components, and recommendations for auxiliary equipment, and required maintenance or licensing.
This Request for Proposal (RFP) describes the project, requirements, selection process and the information that must be included in the proposal. Failure to submit information in accordance with the RFP submittal requirements may be cause for disqualification.
1.2 CITY’S Rights
The CITY’S rights include, but are not limited to, the following • Issuing addenda to the RFP, including extending or revising the time line for submittals. • Withdrawing, reissuing, or modifying the RFP.
• Requesting clarification and/or additional information from any PROPOSER at any point in the procurement process.
• Executing an Agreement with a PROPOSER on the basis of the original proposal and/or any other information submitted by the PROPOSER during the procurement process. • Rejecting any or all proposals, waiving irregularities in any proposals, accepting or rejecting all or any part of any proposals, waiving any requirement of the RFP, as may be deemed to be in the best interest of the CITY.
• The CITY may, but is not bound to, commence negotiations with a selected PROPOSER.
• Discontinuing its negotiations after commencing negotiations with a selected PROPOSER, if progress is unsatisfactory in the sole judgment of the CITY, and commencing discussions with another qualified PROPOSER. • CITY reserves the right to audio and video record any and all live meetings, including conferences and interviews, with potential and actual PROPOSERS and staff during any and all phases of this RFP process. With the exception of open public meetings, all recordings shall be deemed confidential until after the award of the contract by the City Council.
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2 1.3 PROPOSER’S Responsibilities
It is the responsibility of each PROPOSER to:
• Examine this RFP, including all appendices and attachments, thoroughly. • Become familiar with local conditions that may affect cost, permitting, progress, performance, or services described in this RFP.
• Consider all federal, state and local laws, statutes, ordinances, regulations and other applicable laws that may affect costs, permitting, progress, performance, or services. • Clarify with the CITY of any conflicts, errors, or discrepancies in this RFP in accordance with the deadlines specified herein.
• Agree not to collaborate or discuss with other PROPOSERS the content of the proposal or service fees proposed.
• Prior to submitting a proposal, each PROPOSER will, at his/her own expense, make or obtain any additional examinations, investigations, and studies; and obtain any additional information and data that may affect costs, permitting, progress, performance or furnishing of the project and that PROPOSER deems necessary to determine its proposal.
• Each PROPOSER shall use mail, fax, email or other delivery mechanism at its own risk, and the CITY shall not be obligated to accept or respond to any submission that is delayed due to delivery failures.
1.4 Consequence of Submission of Proposal
The submission of a proposal will constitute a binding representation and warranty by the PROPOSER that the PROPOSER has investigated all aspects of the RFP and its own proposal; that the PROPOSER is aware of the applicable facts pertaining to the RFP process, its procedures and requirement; that the PROPOSER has read and understands the RFP and has complied with every requirement; that without exception the proposal is premised upon performing and furnishing the services required by this RFP and the attached Agreement and such means, methods, techniques, sequences of procedures as may be indicated in or required by this RFP and the Agreement; and that the RFP is sufficient in scope and detail to indicate and convey understanding of all terms and conditions for performance and furnishing of the requested services.
The submission of a proposal shall not be deemed an agreement between the PROPOSER and the CITY. The proposal is a contractual offer by the PROPOSER to perform services in accordance with the proposal. Specifically, the following provisions apply:
• The CITY shall not be obligated to respond to any proposal submitted nor be bound in any manner by the submission of a proposal.
• Acceptance of a proposal by the CITY obligates the PROPOSER to enter into any Agreement with the CITY for the performance of the services chosen by the CITY at its sole discretion.
• The Agreement shall not be binding or valid against the CITY unless and until it is executed by the CITY and the selected PROPOSER, and the PROPOSER’S ATTACHMENT 2
3 performance bond, insurance, and/or other surety guarantee have been accepted by the CITY.
The proposals received shall become the exclusive property of the CITY. At such time as the Agreement award is recommended to the Manteca City Council, all proposals submitted in response to this RFP shall become a matter of public record and shall be regarded as public records.
1.5 Cost of Submitting Proposals
The cost of investigations, preparing, and submitting a proposal is the sole responsibility of the PROPOSER and shall not be chargeable in any manner to the CITY. The CITY will not reimburse any PROPOSER for any costs associated with the preparation and submission of a proposal, including but not limited to, expenses incurred in making an oral presentation, participating in an interview, or negotiating an Agreement with the CITY.
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4 Section 2 Background
2.1 Manteca Transit
The City of Manteca - Manteca Transit provides public transportation services for the community through four fixed routes and ADA Paratransit (Dial-A-Ride), Monday through Saturday. The City of Manteca currently has 81 bus stops and is expected to increase within the years.
Manteca Transit has nine (9) buses in its current fleet, 1 GILLIG 35’ CNG low floor and 8 cutaway vehicles. The Manteca Transit fixed route fleet consists of six (6) fixed route Manteca Transit vehicles: Five (5) fixed route cut-aways, and one (1) GILLIG 35’ CNG low floor. The following components are currently utilized by Manteca Transit:
- Genfare Odyssey Farebox
- Hanover Destination sign
- Apollo Cameras
- Zonar System
- Push to Talk Radio
- Drivecam
- Bike Rack
- Wheelchair lift
- Public Address System included within two (2) vehicles: #1172 (Champion) and #1182 (GILLIG)
More routes and buses will be designed in the future to accommodate new community development within the City of Manteca.
Organizational Structure
There are three (3) Transit staff that work directly with the City of Manteca. The City of Manteca contracts with a third-party contractor, currently National Express Transit (NEXT), to perform the operations and maintenance services function of the transit system.
ATTACHMENT 2
5 Section 3 Schedule & Submittal Instructions
3.1 Schedule
The CITY intends to adhere to the schedule provided in Table 3-1 for the award of bid for the Manteca Transit Intelligent Transportation System (ITS). This schedule may change at the CITY’S sole discretion.
Table 3-1
Procurement Schedule
Activity Date
Request for Proposal Release Date August 18, 2022
Non-Mandatory Prep-Proposal Teleconference August 25, 2022 Deadline for Written Technical Clarifications/Questions September 6, 2022 Response to Written Technical Clarifications/Questions September 8,2022 Proposal Submission Deadline September 19, 2022
Proposal Evaluation September 20-22, 2022
Qualified Proposer Interviews (Only if required), and
Negotiations
September 28, 2022
Best and Final Offer Due, if required October 3, 2022
Presentation of staff recommendation to Council and award Agreement October 18, 2022
Contract Start Date November 7, 2022
3.2 Proposal Submission
Sealed proposals must be received by the Office of the City Clerk at the address below, no later than 4:00 p.m., Monday, September 19, 2022.
City of Manteca
Attn: Juan Portillo, Transit Manager
1001 West Center Street
Manteca, CA 95337
• Technical and Price Proposal
One (1) original and four (4) copies of proposal must be provided to the CITY. Proposals must be sealed and marked “Manteca Transit ITS Project. Proposals received after this specified date and time shall be considered late and shall not be considered for award.
3.3 Non-Mandatory Pre-Proposal Teleconference Demonstration A non-mandatory but recommended pre-proposal teleconference demonstration will be held on August 25, 2022, from 9:00 a.m. to 5:00 p.m. Each interested party will have 30 minutes to conduct an operational demonstration of the system. To attend the preproposal teleconference, interested parties must pre-register by submitting a request for the meeting link to the project Manager via email no later than Tuesday August 24, 2022 at 12:00 p.m. Interested parties will be advised of the specific time and meeting link.
ATTACHMENT 2
6 3.4 Written Questions
RESPONDENTS must submit written questions and requests for clarification or additional information regarding the meaning or intent of the RFP content, its process and enclosures by 5:00 p.m. on Tuesday, September 6, 2022 to:
City of Manteca
Attn: Juan Portillo, Transit Manager
220 Moffat Blvd.
Manteca, CA 95336
Email address: [email protected]
The CITY will not respond to questions received after 5:00 p.m. on Tuesday, September 6, 2022. The CITY will respond to PROPOSER’S questions in writing no later than 5:00 p.m. on Thursday, September 8, 2022. All communications between the CITY and individual PROPOSERS will be documented and transmitted simultaneously to all PROPOSERS.
3.5 Clarification/Interviews
PROPOSER may be asked to clarify proposal information through writing or interviews. The clarification period will begin when the proposals are submitted. PROPOSER may be required and shall be prepared to attend an interview with the Selection Committee. The CITY may choose, at its sole option, not to interview all PROPOSERS. The CITY may reject any or all proposals submitted, or at its sole discretion, award the Agreement to the best PROPOSER without any interviews.
The interviews, if necessary, are tentatively scheduled for Wednesday, September 28, 2022. If an interview is requested, the PROPOSER will be advised of the specific time and location of the interview.
3.6 Best and Final Offers
At the conclusion of the interview and discussion process, the Evaluation Committee will evaluate and score the proposals. PROPOSERS may be requested to submit "best and final" offers. Such offers shall include any modifications made to proposals. "Best and final" offers must be received by CITY no later than 12:00 PM., Monday, October 3, 2022. The evaluation panel shall review "best and final" offers and conduct a final evaluation of proposals and recommend one PROPOSER for approval by CITY.
3.7 Accuracy in Reporting Requested Information
Information submitted as part of the proposal will be subject to verification. Inaccurate information or information that is misleading will be, at the CITY’S sole discretion grounds for removal of a proposal from further consideration. In the event a PROPOSER is awarded an Agreement as a result of this RFP, any inaccurate or misleading information subsequently discovered by CITY to be a part of the proposal will be, at the CITY’S sole discretion, grounds for PROPOSER’S termination by default under the terms of the Agreement.
ATTACHMENT 2
7 Section 4 Proposal Requirements
4.1 Performance Requirement
The PROPOSER will be required, at all times during the terms of the Agreement, to perform all services diligently, carefully, and in a professional manner; and to furnish all labor, supervision, machinery, equipment, material, and supplies necessary therefore, as required under the Agreement. The Contractor shall conduct all work in the Contractor’s own name and as an independent contractor and not in the name of, or as an agent for the CITY.
4.2 Content of Technical Proposals
A. Executive Summary: PROPOSER should provide a summary of their organization, their qualifications and their proposed approach for working with CITY. This summary should be a maximum of two pages in length.
B. Project Approach: PROPOSER must provide description of the approach they will use to complete the project and provide the required deliverables, including a high-level project plan. PROPOSER must provide a clear and concise task-oriented work plan and schedule for the project. PROPOSER may use the following schedule template, adding any associated key sub tasks as necessary.
Task Start Date End Date Status Responsible
Party
Planning and
Kick Off Meeting
1. Enter
subtask
2. Enter
subtask
Task/Milestone
1. Enter
subtask
2. Enter
subtask
Task/Milestone
1. Enter
subtask
2. Enter
subtask
PROPOSER shall submit a complete Scope of Work that explains in detail the PROPOSER’s offering. This proposed Scope of Work will be used as the basis for negotiating the final Scope of Work for inclusion in the resultant contract. The RFP contains the minimum list of services and deliverables the selected PROPOSER is expected to provide to CITY. See Appendix A for CITY Scope of Work/Needs.
C. Proposed Team and Organizational Chart of Proposed Team D. Resumes of Key Personnel for this Contract
E. Example Projects Which Best Illustrate Proposed Team’s Qualifications for this Contract ATTACHMENT 2
8 F. Key Personnel Participation in Example Projects
G. Professional Services Agreement Concerns: Proposers should provide comments on the City’s Professional Services Agreement if there is language that they would like reviewed, removed, or altered.
4.3 Content of Price Proposal
A price proposal must be submitted in a sealed envelope and marked, “Price Proposal”. A total proposed “Not to Exceed” costs of the services, in addition to a standard line item budget consistent with the tasks identified in the Scope of Work. The price proposals should assign time (hours) and costs (by work task), along with percent of time assigned to the project and hourly rates for all project personnel.
4.4 Performance Bond
The selected Contractor will be required to procure, at its expense, and keep in effect at all time during the term of the Agreement, a $20,000 surety bond. Each PROPOSER shall include in its proposal a letter from an admitted surety insurer stating PROPOSER’S ability to be bonded.
4.5 Willingness to Accept Proposed Arrangements
Submission of a proposal constitutes an offer to enter into a binding legal contract with the CITY on all of the terms specified in this RFP (including Appendix A: Scope of Work, Appendix B:
Agreement for Professional Services).
ATTACHMENT 2
9 Section 5 Evaluation and Selection Process
Proposals submitted in response to this RFP will be evaluated in accordance with the criteria set forth in Section 5.2 below. The Evaluation Committee shall score the proposals and make a recommendation to the Project Manager as to which PROPOSERS are within the competitive range.
5.1 Evaluation and Selection Process
Interviews may be held by the Project Manager and/or their representatives with PROPOSERS determined to be in the competitive range. The Project Manager and/or their representatives shall have the right to conduct a cost/price analysis, to review and audit all business records and related documents of any and all PROPOSERS (including any affiliate or parent company, partner, or joint venture member) to determine the fairness and reasonableness of the proposal, to contact any and all client references, and to conduct site visits and investigations. An interview and presentation may be required.
City Council Makes Final Determination. After the review and scoring, the Project Manager shall submit a recommendation for award of the Agreement to the City Council. After review and consideration of this recommendation, the City Council shall have the discretion to: 1) award the Agreement to the PROPOSER whose proposal is most advantageous to the CITY, price and other evaluation factors specified in Section 5.2 of this RFP considered, or 2) reject any and all proposals. The City Council is not bound by the recommendation of the Evaluation Committee.
Notwithstanding the above, the CITY reserves the right to make the award under this RFP based upon the initial proposals submitted.
5.2 Evaluation Criteria
Evaluation Criterion
1 Experience and past performance with similar work
2 Technical Criteria: methods, designs, and systems proposed to be used 3 Quality of personnel dedicated to this project
4 PROPOSER’s support staff proximity to the CITY
5 Reasonableness of budget and schedule
5.3 Notification to Unsuccessful PROPOSERS
Unsuccessful PROPOSERS shall be notified of CITY’S award of the Agreement to the successful PROPOSER within ten (10) working days of said decision.
ATTACHMENT 2
10 Appendix A – Scope of Work
The purpose of this procurement is to select a vendor to provide an Intelligent Transportation System (ITS) for use on Manteca Transit buses. The system will consist of four services:
Automatic Vehicle Location (AVL), Computer Aided Dispatch (CAD-Fixed Route Only), Automatic Passenger Counters (APC), and Automatic Voice Announcement (AVA) for six (6) Manteca Transit fixed route vehicles and one (1) alternative vehicle: Five (5) cut-aways, and one (1) GILLIG 35’ CNG low floor, in addition to one (1) alternative cut-away vehicle.
The City is a part of Google Transit and as such, the Proposer’s system must automatically export trip information into General Transit Feed Specification (GTFS) and General Transit Feed Specification-RealTime (GTFS-RT) format. The GTFS data will be used by existing City vendor, Trillium, to maintain online trip planners such as Google Maps. The proposer must provide a fully functional Hosted/Managed System that includes all hardware, software, and services to accomplish the supply, installation, testing, documentation, training, and startup, including fixedend equipment and on-board vehicle equipment. The Intelligent Transportation System shall be built on a secure operating system, database, and application software.
The Proposer shall provide and support all hardware associated with the operation of the system and all hardware and equipment that is acquired by the City from the Proposer for the Project, excluding consumable material (material that needs continuous replenishment), and shall be certified to have a five (5) year minimum service life, with ten (10) year service life expected. All equipment, supplies and materials furnished under the Agreement shall also be new, and field proven.
Prior to the full contract award, the successful proposer will conduct an operational demo to demonstrate the solutions, capabilities and reliabilities of the system. The demo is a miniature version of the full project implementation. Data transmissions to and from on-board vehicle equipment shall rely on commercially available cellular data communication carriers for the duration of the project as well as annual costs beyond system acceptance to support data communications for the system for a minimum of three (3) years. The selected communications network shall be capable of providing reliable signal coverage within the CITY’S service area to its vehicles, electronic signs and the host system. To ensure continuous and productive operation of the System, the CITY is requiring the Proposer to submit pricing for five (5) years of System Support and Maintenance.
Failure to submit information in accordance with the RFP submittal requirements may be cause for disqualification. .
The primary goals of this project are as follows:
• Provide real-time transit information to customers via changeable message signs at selected stops and/or other in-vehicle passenger information systems, the internet and mobile applications;
• Increase tracking of vehicles/buses and identifying which routes are scheduled; • Enabling and improving the efficiency of transfer request among fixed routes; • Increase the availability of data to the City's operations to enhance transit management, service planning and reporting;
• As a result of improved schedule adherence and passenger information, increase ridership of the City of Manteca Fixed-Route
Tasks and deliverables required from this effort will include but are not limited to:
• Develop design drawing(s) and final specifications for the ITS solution to be approved by CITY, including recommendations related to location of electric outlets and other system components.
ATTACHMENT 2
11 • Procure the ITS solution (as approved by CITY) and deliver the ITS solution to six (6) Manteca Transit fixed route vehicles, in addition to one (1) alternative vehicle. • Installation of Automatic Vehicle Location (AVL), Automatic Passenger Counters (APC), Computer Aided Dispatch (CAD-Fixed Route Only), and Automatic Voice Announcement (AVA) in seven (7) Manteca Transit fixed route vehicles. • Deliver instruction and onsite training to the IT and Transit staff. • Provide post written instructions for each vehicle and provide appropriate follow up based on actual user experience and troubleshoot to address issues that arise. • Provide as-built drawings at project close-out.
This test is intended to verify the stability of the System to satisfy the integrity and reliability of the System.
Project Assumptions:
Contractor should base its proposal on the following assumptions:
• Contractor will be required to perform the installation on scheduled days approved by CITY as to not disturb operations.
• Appropriate CITY staff members will be available for consultation with Contractor’s engineers as needed to provide information or answers to specific questions related to the current environment.
• Any existing network and vehicle specifications will be made available to Contractor.
Contractor is expected to procure all new equipment.
ITS Technology Requirements:
The proposer shall provide a comprehensive CAD/AVL/APC/AVA ITS containing the identified key elements. The related equipment and software shall meet the requirements set forth in the following sections. The selected proposer shall furnish, deliver, and install items that may include but are not limited to devices, cabling, software, and other equipment to deliver a complete and functional system. These items shall be provided to the City with licenses, software, and firmware, as required.
Failure on the part of the City to precisely specify each and every item necessary to achieve a fully operational system does not relieve the selected proposer of the responsibility of providing a complete system.
Automatic Vehicle Locations (AVL)
• GPS receivers on each revenue vehicle shall report date and time, latitude, longitude, speed, direction of travel, and whether the receiver has a GPS position lock. • GPS shall report on a frequency of 15 -20 seconds minimum. • The GPS antenna shall be securely mounted on the vehicle’s exterior. The antenna, mounting, and sealants shall be able to withstand physical and chemical interaction by automatic bus washing equipment.
• Using GPS, this system shall be capable of simultaneously tracking the location of all fixed route buses in service.
• The Onboard system shall utilize inputs from an onboard GPS receiver, odometer, and gyroscope to determine the vehicle's location. A dead reckoning algorithm shall be used to determine the vehicle's location when the GPS signal has been lost.
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12 • The Onboard system shall use the onboard processor to directly or indirectly record and store data received from the dead reckoning system
Driver Interface (Mobile Data Terminal) or Equivalent
• The MDT shall be able to withstand shock and vibrations generated by transit vehicles. • The MDT shall be dust and water resistant at a sufficient level that covers daily transit vehicle operations.
• The MDT shall be able to operate in temperatures that range from 20°F to 120°F. • System shall perform a validation of driver logon credentials at logon to the MDT. • Driver work piece that is displayed on the MDT shall be determined by their validated logon credentials.
• As the driver performs scheduled service, the MDT shall update to stay current with their upcoming schedule data.
• At timepoint stops, system shall indicate the scheduled time of departure and alert the driver when it is time to depart.
• While in service, the MDT shall be able to display the current system wide transit time (synchronized to the central system), current block, run, route, trip, next three bus stops, schedule adherence status, text messages, detour information, and data communications system status.
• The system shall have the ability for each bus’s hardware to track and locally save service data such as stop data, APC counts, schedule adherence data, and time-indexed route progress for at least a full operation day, during instances when a bus is temporarily out of data communication with dispatch.
• Recognizing that distracted driving rules are evolving, the MDT shall include a safe driving mode feature to disable interactive functions while the vehicle is in motion. This shall be a configurable parameter.
• For driver safety, the MDT shall have the safe driving mode enabled when the vehicle is moving above a configurable speed limit.
• The MDT shall allow the City to enable the following screen configurations during safe driving mode:
o Blank display on screen
o Disabled MDT buttons to stop vehicle drivers from performing any actions on the screen and
o Display of information relevant to vehicle drivers when of high priority (e.g., route and schedule adherence status, missed messages or calls from dispatchers.) • The City shall have the ability to remotely change configurations for the safe driving mode. • The MDT shall receive text messages from the central system, alerting the driver with an audible and visual signal when a new message has been received. • The MDT shall require the driver to send a yes/no response and acknowledgement to “response required” messages received from the central system. • The MDT shall be able to store and display at least ten (10) text messages received from the central system (Dispatch).
• The MDT shall store pre-defined messages that may be sent by the driver to the central system (Dispatch) such as "bus full", "wheelchair boarded". All pre-defined messages sent ATTACHMENT 2
13 to dispatch shall include the date, time and vehicle ID. The specific pre-defined messages shall be configurable by the System Administrator from the central system. • The MDT or Equivalent should be upgradeable, when lifespan has exceeded.
Computer Aided Dispatch (CAD) Functions
• Relevant and accurate reports are an important component for the success of the City's operations, service planning, customer service, and other City stakeholders. Various operational reports shall be provided as part of the System which will allow the City to monitor system performance and to reconcile the daily, weekly, and monthly service activities.
• All data generated in the System shall be retrievable through reports and screens. • The Proposer shall specify what types of canned reports are available in the System (provide samples in Proposal) and what types of custom reports will be provided to the City.
• System shall provide a view for dispatchers to monitor current vehicle locations, to receive and send messages, and to track and monitor alerts. • System shall allow events and alerts to be posted to the dispatcher. • The system shall allow staff to subscribe to events and/or alerts via SMS/email based on user defined time ranges.
• Solution shall be browser based so that login is able to take place via a web portal at any time of the day.
• System administrative tools and functions shall also be available via the web portal. • The system shall allow remote users and supervisors to have the same level of access as any other user in the system if allowed.
• The system shall have audit trail functionality that tracks driver messages, dispatcher actions and incident handling.
• The system shall store application user login/logoff information in a historical event log. • The system shall support the City defining positions that provide full access, read-only access, or no access to functions within the system and the ability to assign a position to each user to control the user’s access to functions.
• The system shall log all outgoing data received by the dispatcher, in a historical database, including: Date/time, Vehicle ID, Trip ID, Driver ID, Dispatcher ID, Location, Odometer, Schedule adherence, Message type, and Message content.
AUTOMATIC VOICE ANNOUNCEMENTS (AVA)
• System shall be capable of performing Automatic Vehicle Announcements (AVA) for ADA compliance.
• The AVA shall include functionality to generate the following messages:
o Internal audible and visible location-based announcements (next stop, customer service, transfers, etc.)
o Internal time-based (e.g., reoccurring scheduled message at a time interval) audible and visible customer service announcements
o Internal driver initiated audible and visible customer service announcements o Location-based customer service announcements
o External audible bus arrival announcements
o The minimum and maximum volumes for external announcements shall include parameter settings to automatically control volume based on location and time of day
ATTACHMENT 2
14 • The AVA system shall be capable of specifying the location at which to play the nextstop announcement over the vehicle’s internal speakers. • The AVA system shall display next stop announcement text on an interior ADA compliance electronic sign (LED or LCD).
• The AVA system shall have the ability to support Infotainment via LCD monitors installed in the vehicle, including the ability to provide next stop announcements displayed according to ADA requirements.
• The AVA system shall be capable of playing driver-initiated safety announcements over the vehicle’s internal speakers.
• The driver’s use of the on-board PA system shall override any automated announcements.
• The AVA system shall have the ability to play both human-recorded and text-to-speech audio files.
• The AVA system shall support both English and Spanish language messages.
Automated Passenger Counters
• APC solution(s) will exceed 95% accuracy;
• APC shall be able to separately count successive passengers that are walking as close together as is practicable, either one behind the other or side by side; • APC shall accurately detect passengers boarding and alighting and eliminate false positive counts of passengers;
• APC shall support multiple entry doors;
• APC shall have the ability to detect whether the vehicle door is open or closed (the APC shall only count passengers when the door is open);
• Data shall automatically be compiled by the APC and integrated to the MDT in real-time; • APC shall have the ability to store and forward data if the MDT loses communications connectivity;
• APC data will consist of date and time stamp, geo-coordinates and bus stop locations; • The alignment of sensors shall be calibrated after installation, to establish the alignment settings for each vehicle that achieve the most accurate performance (and the calibration settings for each vehicle shall be documented for future reference).
Proposer shall ensure APC data is available in an acceptable format for NTD and FTA certified reporting.
1. Phase I - Design
1.1 Contractor will submit for CITY approval the recommended ITS design for each fleet type, which will include:
• Design drawing(s) and specifications (detailed description of the equipment and configuration).
• A project plan and schedule.
• A conceptual diagram illustrating all elements in the system and data flow. • An overview of the equipment, system, and configuration proposed for implementation.
• A detailed technical documentation for each equipment item. • A detailed technical documentation on all software, addressing each module’s functions, the format of all reports, the data fields to be included in all data exchange interfaces, and any other software aspects that need addressed.
ATTACHMENT 2
15 2. Phase II – Procurement and Delivery
2.1 The contractor will procure all components associated with the approved AV solution. • Contractor will procure the ITS equipment and assure that all parts, licenses, and equipment are delivered and in working order.
• All equipment licenses will be registered to CITY as the owner. • All equipment will come with a minimum five year warranty. • All maintenance, repair, replacement, and labor for such work shall be covered under this warranty.
• All delivery, shipping, and travel expenses should be included in the contractor’s proposed cost.
3. Phase III – Configuration
3.1 Contractor is expected to configure the equipment and prepare the vehicles for installation. Prior to installation, contractor will review the installation and schedule with CITY staff.
4. Phase IV - Installation
4.1 CITY staff will coordinate with the contractor on the installation. The Contractor shall supply all personnel, tools, materials, and equipment required to perform installation of the system. The Contractor is also responsible for procurement, installation, and testing all equipment furnished for the Project. All installation work shall be scheduled so as not to disrupt or delay the City’s operations. The Proposer shall make every effort to schedule the work around services times. • Contractor will schedule pre and post project meeting to review project details and schedule.
• Contractor will supply experienced, certified ITS engineers as part of the configuration and installation.
• All work will be performed in a clean, professional manner. • Where the Proposer is providing components manufactured by a third-party supplier, the Proposer shall ensure that all such components are installed in accordance with the original equipment manufacturers (OEM) installation specifications.
• Proposer is also responsible for restoring the condition of any affected structures, wiring, fixtures and finishes at the installation sites. • Proposer will be responsible for removing any vehicle installation devices in order to allow for the replacement with the new ITS components. The Project Plan shall include detailed task for all the equipment requiring removal and/or relocation.
5. Phase V – Testing
5.1 The testing phase will include CITY staff members and the Contractor sales and installation team. Testing will include, but is not limited to:
• Test the ITS solution to ensure that the System works properly as a fully integrated and installed System
• Functionality tests shall verify that the Proposer’s features and functions of the System have been properly designed and implemented. The following items, as a minimum, shall be included in the Function Tests:
ATTACHMENT 2
16 o Testing of the proper functioning of all hardware, both individually and collectively;
o Testing of the proper functioning of all software and firmware features and functions;
o Testing of all on-board functions;
o Testing of all user interface functions;
o Verification that System response time requirements have been met; and
o Verification that System stability and availability is free of problems.
5.2 Training will include CITY staff and the installer or project manager from the contractor. Training will include, but is not limited to:
• Contractor must provide sufficient training on devices, troubleshooting support, and a contact for future needs. Project will not be deemed complete until testing and training is complete.
• The ITS solution should be designed in such a way to be used with little to no need for instruction, or instructions should be minimal and easy to follow. • Proposer shall identify qualified individuals that will be responsible for training the agency's staff on their new ITS.
• The proposer shall provide onsite training for the startup and ITS rollout. • The proposer shall provide a list of key roles/personnel to the agency that will be required to participate in the start-up training and ITS rollout. • Proposer shall provide a detailed explanation of their training process. • The proposer shall furnish all special tools, equipment, training aids, and any other materials required to train course participants for use during training courses only.
• The proposer’s instructors shall demonstrate a thorough knowledge of the material covered in the courses, familiarity with the training materials used in the courses, and the ability to effectively lead students in a classroom setting. • Provide comprehensive and complete training to all staff involved in the operation of the new technologies such as dispatch, management, information technology, drivers, and maintenance technicians prior to deployment of system and on an as-needed basis for future trainees. • Provide a detailed training plan which should include, but not limited to:
o User Manuals
o Training agendas with anticipated duration of each training session o Levels of training (i.e. end user, administrative, technical, power user, etc.)
o Reference guides for all trainees
o Different training methods and approaches (i.e. classroom, train the trainer, one-on-one, web based, etc.)
o Performance measurements
• Provide 5 -year service and support for all ITS systems installed and upgraded as a result of this RFP. To include on-site service and support as needed.
• Provide a comprehensive equipment list to CITY, to include how-to guides for future use.
• Provide as-built documents at the completion of the project.
ATTACHMENT 2
17 6. Phase VI – Levels of Service
6.1 Proposer must offer levels of service to the CITY which meet, and exceed the target response in need and/or repairs needed below:
Priority
Category
Description
Target repair
commenceme
nt (from initial
Help Desk
request to
response)
Target repair effort (from fix
commencement)
1 Total failure of the
System
Within 30
minutes
Immediate, subject to site access, and
continuing until reinstatement or
workaround provided or useful efforts
exhausted
2 “One-off” site failure or
has a significant end
user impact but does not
render the System
unusable
Within 8 hours
during
Manteca
Transit’s
operating
hours
On commencement of Manteca Transit’s
next working day, and continuing during
Support Hours, until reinstatement or
workaround provided, or useful efforts
exhausted
3 Minor end user impact Manteca
Transit’s next
working day
Repair prior to end of the City’s second
working day following date of notification if
software fault or problem with hardware
which is in stock, otherwise hardware lead
times will apply, and repair timeframe will
be adjusted accordingly
7. Phase VII – Ownership of Work Product
7.1 CONTRACTOR agrees that all designs, plans, reports, specifications, drawings, processes, and other information or items produced by CONTRACTOR while performing services under this Agreement will be assigned to the CITY as the sole and exclusive property of the CITY and the CITY's assignees, nominees, and successors. This includes all data (routes, latitudes / longitudes, stop locations, bus schedules, operator bids, etc.), reports, technical specifications, design documents, custom software source and compiled code, user manuals, technical reports and studies, and any other documents, materials, data and products ("Work Products") prepared or assembled by CONTRACTOR or obtained from others ("SUBCONTRACTORs") by CONTRACTOR in connection with the services under this Agreement. The Work Products shall be the property of the CITY and copies shall be delivered to the CITY promptly upon the completion of the work or upon an earlier termination of this Agreement. CONTRACTOR shall be responsible for the preservation of any and all Work Products prior to transmittal to the CITY; and CONTRACTOR shall replace any such Work Products as are lost, destroyed or damaged while in its possession without additional cost to the CITY.
7.2 CONTRACTOR shall obtain and maintain all intellectual property licenses which may be necessary to carry out and perform this Agreement. CONTRACTOR may propose and procure one or more software products, including the (Product Name) application and supportable databases to fully meet the system implementation and integration requirements of the Project. CONTRACTOR agrees to indemnify the CITY for claims, costs, losses, fees, ATTACHMENT 2
18 penalties, interest or damages suffered by the CITY resulting from CONTRACTOR’s failure to obtain or maintain necessary licenses.
CONTRACTOR acknowledges, warrants and represents that it has the right to use, copy, reproduce, or display any intellectual property, including, but not limited, to patents, copyrights, trademarks, or trade secrets, which may be used to execute the terms of this Agreement, and that such rights are assignable to the CITY. On or before the delivery date, CONTRACTOR shall assign the license rights of relevant intellectual property to the CITY and deliver a correct number of complete copies of software to the applicable installation site or any other locations established by the parties.
7.3 As a way to further protect the CITY, upon the CITY’s written notice and during the Agreement period, the CONTRACTOR shall furnish transition services from the Hosting provider to the CITY. The purpose of this In-sourcing (Path-Back) is to give the CITY the ability and the means to transition the Hosted services back to the CITY or to another Hosting provider. This includes, but is not limited to, software, databases, processes, services, hardware, communications, and data and records.
7.4 CONTRACTOR shall bear the risk of loss or injury or damage to its work until such time as the CITY has, by written formal acceptance, accepted said work. For the purposes of this section, the work does not include any existing property of the CITY, unless said existing property is modified by the Project. The CITY’s acceptance shall occur when the Project has successfully tested and complies with the requirements contained in the Scope of Services.
During the time period which CONTRACTOR must bear the risk of loss, CONTRACTOR shall rebuild, repair, restore, and replace and make good all injuries or damage to such work, and shall bear the expenses thereof, except for such injuries or damages as are occasioned by acts of the federal government or public entity, and only to the extent of five percent (5%) of the Agreement amount where such injuries or damages are proximately caused by an act of God within the meaning of California Public Contract Code Section 7105. CONTRACTOR shall also indemnify and hold harmless the City from any causes of action, claims, and/or legal matters that arise from to any intellectual property disputes related to the agreement between the CITY and CONTRACTOR, unless such a matter is solely due to the singular actions of the CITY.
ATTACHMENT 2
19 ATTACHMENT I
FEDERAL TERMS AND CONDITIONS
ATTACHMENT 2
20 FEDERAL TRANSIT ADMINISTRATION (FTA) CLAUSES
(Rev. 12/2021)
Contractor shall comply with the following FTA requirements.
1. NO GOVERNMENT OBLIGATION TO THIRD PARTIES
These requirements do not apply to micro-purchases ($10,000 or less, except for construction contracts over $2,000).
The AGENCY and Contractor acknowledge and agree that, notwithstanding any concurrence by the Federal Government in or approval of the solicitation of this underlying contract, absent the express written consent by the Federal Government, the Federal Government is not a party to this Contract and shall not be subject to any obligations or liabilities to the AGENCY, Contractor or any other party (whether or not a party to that Contract) pertaining to any matter resulting from the underlying Contract.
The Contractor agrees to include the above clause in each subcontract financed in whole or in part with Federal assistance provided by the FTA. It is further agreed that the clause shall not be modified, except to identify the subcontractor who will be subject to its provisions.
2. PROGRAM FRAUD AND FALSE OR FRAUDULENT STATEMENTS OR RELATED ACTS
These requirements do not apply to micro-purchases ($10,000 or less, except for construction contracts over $2,000).
The Contractor acknowledges that the provisions of the Program Fraud Civil Remedies Act of 1986, as amended, 31 U.S.C. § 3801 et seq. and U.S. DOT regulations, "Program Fraud Civil Remedies," 49 CFR part 31, apply to its actions pertaining to this Project.
Upon execution of the underlying Contract, the Contractor certifies or affirms the truthfulness and accuracy of any statement it has made, it makes, it may make, or causes to be made, pertaining to the underlying Contract or the FTA assisted project for which this contract work is being performed. In addition to other penalties that may be applicable, the Contractor further acknowledges that if it makes, or causes to be made, a false, fictitious, or fraudulent claim, statement, submission, or certification, the Federal Government reserves the right to impose the penalties of the Program Fraud Civil Remedies Act of 1986 on the Contractor to the extent the Federal Government deems appropriate.
The Contractor also acknowledges that if it makes, or causes to be made, a false, fictitious, or fraudulent claim, statement, submission, or certification to the Federal Government under a contract connected with a project that is financed in whole or in part with Federal assistance originally awarded by FTA under the authority of 49 U.S.C. chapter 53, the Government reserves the right to impose the penalties of 18 U.S.C. § 1001 and 49 U.S.C. § 5323(l) on the Contractor, to the extent the Federal Government deems appropriate.
The Contractor agrees to include the above two paragraphs in each subcontract financed in whole or in part with Federal assistance provided by FTA. It is further agreed that the clauses shall not be modified, except to identify the subcontractor who will be subject to the provisions.
ATTACHMENT 2
21 3. ACCESS TO RECORDS AND REPORTS
A. Record Retention
The Contractor will retain, and will require its subcontractors of all tiers to retain, complete and readily accessible records related in whole or in part to the contract, including, but not limited to, data, documents, reports, statistics, subagreements, leases, subcontracts, arrangements, other third party agreements of any type, and supporting materials related to those records.
B. Retention Period
The Contractor agrees to comply with the record retention requirements in accordance with 2 CFR § 200.333. The Contractor shall maintain all books, records, accounts and reports required under this Contract for a period of at not less than three (3) years after the date of termination or expiration of this Contract, except in the event of litigation or settlement of claims arising from the performance of this Contract, in which case records shall be maintained until the disposition of all such litigation, appeals, claims or exceptions related thereto.
C. Access to Records
The Contractor agrees to provide sufficient access to FTA and its contractors to inspect and audit records and information related to performance of this contract as reasonably may be required.
D. Access to the Sites of Performance
The Contractor agrees to permit FTA and its contractors access to the sites of performance under this Contract as reasonably may be required.
4. FEDERAL CHANGES
Contractor shall at all times comply with all applicable FTA regulations, policies, procedures and directives, including without limitation those listed directly or by reference in the FTA Master Agreement between the City of Phoenix and the FTA, as they may be amended or promulgated from time to time during the term of the Contract.
Contractor’s failure to so comply shall constitute a material breach of the Contract.
5. CIVIL RIGHTS LAWS AND REGULATIONS
The AGENCY is an Equal Opportunity Employer. As such, the AGENCY agrees to comply with all applicable Federal civil rights laws and implementing regulations. Apart from inconsistent requirements imposed by Federal laws or regulations, the AGENCY agrees to comply with the requirements of 49 U.S.C. § 5323(h) (3) by not using any Federal assistance awarded by FTA to support procurements using exclusionary or discriminatory specifications.
Under this Contract, the Contractor shall at all times comply with the following requirements and shall include these requirements in each subcontract entered into as part thereof.
A. Nondiscrimination
In accordance with Federal transit law at 49 U.S.C. § 5332, the Contractor agrees that it will not discriminate against any employee or applicant for employment because of race, color, religion, national origin, sex, disability, or age. In addition, the Contractor agrees to comply with applicable Federal implementing regulations and other implementing requirements FTA may issue.
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22 B. Race, Color, Religion, National Origin, Sex
In accordance with Title VII of the Civil Rights Act, as amended, 42 U.S.C. § 2000e et seq., and Federal transit laws at 49 U.S.C. § 5332, the Contractor agrees to comply with all applicable equal employment opportunity requirements of U.S. Department of Labor (U.S. DOL) regulations, "Office of Federal Contract Compliance Programs, Equal Employment Opportunity, Department of Labor," 41 CFR chapter 60, and Executive Order No. 11246, "Equal Employment Opportunity in Federal Employment," September 24, 1965, 42 U.S.C. § 2000e note, as amended by any later Executive Order that amends or supersedes it, referenced in 42 U.S.C. § 2000e note. The Contractor agrees to take affirmative action to ensure that applicants are employed, and that employees are treated during employment, without regard to their race, color, religion, national origin, or sex (including sexual orientation and gender identity). Such action shall include, but not be limited to, the following: employment, promotion, demotion or transfer, recruitment or recruitment advertising, layoff or termination; rates of pay or other forms of compensation; and selection for training, including apprenticeship. In addition, the Contractor agrees to comply with any implementing requirements FTA may issue.
C. Age
In accordance with the Age Discrimination in Employment Act, 29 U.S.C. §§ 621- 634, U.S. Equal Employment Opportunity Commission (U.S. EEOC) regulations, “Age Discrimination in Employment Act,” 29 CFR part 1625, the Age Discrimination Act of 1975, as amended, 42 U.S.C. § 6101 et seq., U.S. Health and Human Services regulations, “Nondiscrimination on the Basis of Age in Programs or Activities Receiving Federal Financial Assistance,” 45 CFR part 90, and Federal transit law at 49 U.S.C. § 5332, the Contractor agrees to refrain from discrimination against present and prospective employees for reason of age. In addition, the Contractor agrees to comply with any implementing requirements FTA may issue.
D. Disabilities
In accordance with Section 504 of the Rehabilitation Act of 1973, as amended, 29 U.S.C. § 794, the Americans with Disabilities Act of 1990, as amended, 42
U.S.C. § 12101 et seq., the Architectural Barriers Act of 1968, as amended, 42 U.S.C. § 4151 et seq., and Federal transit law at 49 U.S.C. § 5332, the Contractor agrees that it will not discriminate against individuals on the basis of disability. In addition, the Contractor agrees to comply with any implementing requirements FTA may issue.
6. INCORPORATION OF FTA TERMS
These requirements do not apply to micro-purchases ($10,000 or less, except for construction contracts over $2,000).
The preceding provisions include, in part, certain Standard Terms and Conditions required by the U.S. Department of Transportation (DOT), whether or not expressly set forth in the preceding contract provisions. All contractual provisions required by DOT, as set forth in FTA Circular 4220.1F, and 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 the contract. Contractor shall not perform any act, fail to perform any act, or refuse to comply with any requests of the AGENCY that would cause the AGENCY to be in violation of the FTA terms and conditions.
ATTACHMENT 2
23 The Contractor agrees to include the above clause in each subcontract financed in whole or in part with Federal assistance provided by the FTA.
7. FREE SPEECH AND RELIGIOUS LIBERTY
All Federal funding must be expended in full accordance with the U.S. Constitution, Federal Law, and statutory and public policy requirements, including but not limited to those prohibiting discrimination and protecting free speech, religious liberty, public welfare, and the environment.
8. FEDERAL TERMINATION RIGHTS
The termination rights under this Agreement are in addition to, and in no way limit, the Federal Government’s right to terminate as described in 2 CFR § 200.340.
9. GOVERNMENT-WIDE DEBARMENT AND SUSPENSION
This requirement does not apply to contracts and subcontracts under $25,000.
Debarment, Suspension, Ineligibility and Voluntary Exclusion The Contractor shall comply and facilitate compliance with U.S. DOT regulations, “Nonprocurement Suspension and Debarment,” 2 CFR part 1200, which adopts and supplements the U.S. Office of Management and Budget (U.S. OMB) “Guidelines to Agencies on Government-Wide Debarment and Suspension (Non-procurement),” 2 CFR part 180. These provisions apply to each contract at any tier of $25,000 or more, and to each contract at any tier for a federally required audit (irrespective of the contract amount), and to each contract at any tier that must be approved by an FTA official irrespective of the contract amount. As such, the Contractor shall verify that its principals, affiliates, and subcontractors are eligible to participate in this federally funded contract and are not presently declared by any Federal department or AGENCY to be:
A. Debarred from participation in any federally assisted Award; B. Suspended from participation in any federally assisted Award; C. Proposed for debarment from participation in any federally assisted Award; D. Declared ineligible to participate in any federally assisted Award; E. Voluntarily excluded from participation in any federally assisted Award; or F. Disqualified from participation in any federally assisted Award.
By signing and submitting its bid or proposal, the bidder or proposer certifies as follows:
The certification in this clause is a material representation of fact relied upon by the AGENCY. If it is later determined by the AGENCY that the Contractor knowingly rendered an erroneous certification, in addition to remedies available to the AGENCY, the Federal Government may pursue available remedies, including but not limited to suspension and/or debarment. The Contractor agrees to comply with the requirements of 2 CFR part 180, subpart C, as supplemented by 2 CFR part 1200, while this offer is valid and throughout the period of any contract that may arise from this offer. The Contractor further agrees to include a provision requiring such compliance in its lower tier covered transactions.
10. TERMINATION
Subrecipients must include provisions in their contracts and subcontracts that allows for termination for cause and for convenience by the subrecipient, including the manner by which it will be effected and the basis for settlement. See Appendix II(B) to 2 CFR part ATTACHMENT 2
24 200—Contract Provisions for Non-Federal Entity Contracts Under Federal Awards, and FTA Circular 4220.1F, Chapter IV, paragraph 2.b.(6)(b)4 – Termination.
11. VIOLATION AND BREACH OF CONTRACT
These requirements are not applicable to contracts and subcontracts under the simplified acquisition threshold (currently set at $250,000).
Unless otherwise provided for by the AGENCY, the following provisions shall apply:
Dispute Resolution: Disputes arising in the performance of this Contract that are not resolved by agreement of the parties shall be decided in writing by the authorized representative of AGENCY. This decision shall be final and conclusive unless within ten
(10) calendar days from the date of receipt of its copy, Contractor mails or otherwise furnishes a written appeal to the authorized representative of AGENCY. In connection with any such appeal, Contractor shall be afforded an opportunity to be heard and to offer evidence in support of its position. The decision of the authorized representative of AGENCY shall be binding upon Contractor, and Contractor shall abide by the decision.
Performance During Disputes: Contractor agrees that notwithstanding the existence of any dispute between the parties, insofar as is possible, under the terms of the Contract, Contractor will continue to perform the obligations required of Contractor during the continuation of any such dispute unless enjoined or prohibited by an Arizona Court of competent jurisdiction.
Rights and Remedies: The duties and obligations imposed by the Contract documents and the rights and remedies available thereunder shall be in addition to and not a limitation of any duties, obligations, rights and remedies otherwise imposed or available by law. No action or failure to act by the AGENCY or Contractor shall constitute a waiver of any right or duty afforded any of them under this Contract, nor shall any such action or failure to act constitute an approval of or acquiescence in any breach thereunder, except as may be specifically agreed upon in writing.
12. LOBBYING RESTRICTIONS (Include certification form)
These requirements do not apply to contracts and subcontracts under $100,000.
Byrd Anti-Lobbying Amendment, 31 U.S.C. 1352, as amended by the Lobbying Disclosure Act of 1995, P.L. 104-65 [to be codified at 2 U.S.C. § 1601, et seq.] - Contractors who apply or bid for an award of $100,000 or more shall file the certification required by 49 CFR part 20, "New Restrictions on Lobbying." Each tier certifies to the tier above that it will not and has not used Federal appropriated funds to pay any person or organization for influencing or attempting to influence an officer or employee of any agency, a member of Congress, officer or employee of Congress, or an employee of a member of Congress in connection with obtaining any Federal contract, grant or any other award covered by 31 U.S.C. 1352. Each tier shall also disclose the name of any registrant under the Lobbying Disclosure Act of 1995 who has made lobbying contacts on its behalf with non-Federal funds with respect to that Federal contract, grant or award-covered by 31 U.S.C. 1352. Such disclosures are forwarded from tier to tier up to the recipient.
13. CARGO PREFERENCE REQUIREMENTS
These requirements apply to all contracts involving equipment, material, or commodities that may be transported by ocean vessels.
ATTACHMENT 2
25 Cargo Preference - Use of United States-Flag Vessels The contractor agrees:
A. To use privately owned United States-Flag commercial vessels to ship at least 50 percent of the gross tonnage (computed separately for dry bulk carriers, dry cargo liners, and tankers) involved, whenever shipping any equipment, material, or commodities pursuant to the underlying contract to the extent such vessels are available at fair and reasonable rates for United States-Flag commercial vessels; B. To furnish within 20 working days following the date of loading for shipments originating within the United States or within 30 working days following the date of loading for shipments originating outside the United States, a legible copy of a rated, "on-board" commercial ocean bill-of-lading in English for each shipment of cargo described in the preceding paragraph to the Division of National Cargo, Office of Market Development, Maritime Administration, Washington, DC 20590 and to the FTA recipient (through the contractor in the case of a subcontractor's bill-of-lading.); and
C. To include these requirements in all subcontracts issued pursuant to this contract when the subcontract may involve the transport of equipment, material, or commodities by ocean vessel.
14. FLY AMERICA
These requirements apply to contracts and subcontracts involving the transportation of persons or property by air between a place in the United States and a place outside of the United States, or between places outside the United States, when the FTA will participate in the cost of such air transportation.
Fly America Requirements
A. Definitions. As used in this clause--
“International air transportation” means transportation by air between a place in the United States and a place outside the United States or between two places both of which are outside the United States.
“United States” means the 50 States, the District of Columbia, and outlying areas.
“U.S.-flag air carrier” means an air carrier holding a certificate under 49 U.S.C. Chapter 411.
B. When Federal funds are used to fund travel, Section 5 of the International Air Transportation Fair Competitive Practices Act of 1974 (49 U.S.C. 40118) (Fly America Act) requires contractors, recipients, and others use U.S.-flag air carriers for U.S. Government-financed international air transportation of personnel (and their personal effects) or property, to the extent that service by those carriers is available. It requires the Comptroller General of the United States, in the absence of satisfactory proof of the necessity for foreign-flag air transportation, to disallow expenditures from funds, appropriated or otherwise established for the account of the United States, for international air transportation secured aboard a foreign-flag air carrier if a U.S.-flag air carrier is available to provide such services.
ATTACHMENT 2
26 C. If available, the Contractor, in performing work under this contract, shall use U.S.-flag carriers for international air transportation of personnel (and their personal effects) or property.
D. In the event that the Contractor selects a carrier other than a U.S.-flag air carrier for international air transportation, the Contractor shall include a statement on vouchers involving such transportation essentially as follows:
Statement of Unavailability of U.S. - Flag Air Carriers - International air transportation of persons (and their personal effects) or property by U.S.-flag air carrier was not available or it was necessary to use foreign-flag air carrier service for the following reasons. See FAR § 47.403. [State reasons]:
(End of statement)
E. The Contractor shall include the substance of this clause, including this paragraph (E), in each subcontract or purchase under this contract that may involve international air transportation.
15. EMPLOYEE PROTECTIONS
Prevailing Wage and Anti-Kickback
These requirements apply to all prime construction, alteration, or repair contracts in excess of $2,000.
For all prime construction, alteration or repair contracts in excess of $2,000 awarded by FTA, the Contractor shall comply with the Davis-Bacon Act and the Copeland “AntiKickback” Act. Under 49 U.S.C. § 5333(a), prevailing wage protections apply to laborers and mechanics employed on FTA assisted construction, alteration, or repair projects.
The Contractor will comply with the Davis-Bacon Act, 40 U.S.C. §§ 3141-3144, and 3146-3148 as supplemented by DOL regulations at 29 CFR part 5, “Labor Standards Provisions Applicable to Contracts Governing Federally Financed and Assisted Construction.” In accordance with the statute, the Contractor shall pay wages to laborers and mechanics at a rate not less than the prevailing wages specified in a wage determination made by the Secretary of Labor. In addition, the Contractor agrees to pay wages not less than once a week. The Contractor shall also comply with the Copeland “Anti-Kickback” Act (40 U.S.C. § 3145), as supplemented by DOL regulations at 29 CFR part 3, “Contractors and Subcontractors on Public Building or Public Work Financed in Whole or in part by Loans or Grants from the United States.” The Contractor is prohibited from inducing, by any means, any person employed in the construction, completion, or repair of public work, to give up any part of the compensation to which he or she is otherwise entitled.
Contract Work Hours and Safety Standards
These requirements apply to all contracts involving construction in excess of $100,000 that involve the employment of mechanics or laborers.
For all contracts in excess of $100,000 that involve the employment of mechanics or laborers, the Contractor shall comply with the Contract Work Hours and Safety Standards Act (40 U.S.C. §§ 3701-3708), as supplemented by the DOL regulations at 29 CFR part 5. Under 40 U.S.C. § 3702 of the Act, the Contractor shall compute the wages of every mechanic and laborer, including watchmen and guards, on the basis of a standard work week of 40 hours. Work in excess of the standard work week is permissible provided that the worker is compensated at a rate of not less than one and a half times the basic rate of pay for all hours worked in excess of 40 hours in the work week. The requirements of 40 U.S.C. § 3704 are applicable to construction work and provide that no laborer or mechanic be required to work in surroundings ATTACHMENT 2
27 or under working conditions which are unsanitary, hazardous or dangerous. These requirements do not apply to the purchase of supplies or materials or articles ordinarily available on the open market, or to contracts for transportation or transmission of intelligence.
In the event of any violation of the clause set forth herein, the Contractor and any subcontractor responsible therefor shall be liable for the unpaid wages. In addition, the Contractor and subcontractor shall be liable to the United States (in the case of work done under contract for the District of Columbia or a territory, to such District or to such territory), for liquidated damages. Such liquidated damages shall be computed with respect to each individual laborer or mechanic, including watchmen and guards, employed in violation of this clause in the sum of $10 for each calendar day on which such individual was required or permitted to work in excess of the standard workweek of forty hours without payment of the overtime wages required by this clause.
The FTA shall upon its own action or upon written request of an authorized representative of the Department of Labor withhold or cause to be withheld, from any moneys payable on account of work performed by the Contractor or subcontractor under any such contract or any other Federal contract with the same prime Contractor, or any other federally-assisted contract subject to the Contract Work Hours and Safety Standards Act, which is held by the same prime Contractor, such sums as may be determined to be necessary to satisfy any liabilities of such Contractor or subcontractor for unpaid wages and liquidated damages as provided in this section.
The Contractor or subcontractor shall insert in any subcontracts the clauses set forth in this section and also a clause requiring the subcontractors to include these clauses in any lower tier subcontracts. The prime Contractor shall be responsible for compliance by any subcontractor or lower tier subcontractor with the clauses set forth in this agreement.
Contract Work Hours and Safety Standards for Awards Not Involving Construction These requirements apply to all contracts (not involving construction) in excess of $100,000 that involve the employment of mechanics or laborers.
The Contractor shall comply with all federal laws, regulations, and requirements providing wage and hour protections for non-construction employees, in accordance with 40 U.S.C. § 3702, Contract Work Hours and Safety Standards Act, and other relevant parts of that Act, 40 U.S.C. § 3701 et seq., and U.S. DOL regulations, “Labor Standards Provisions Applicable to Contracts Covering Federally Financed and Assisted
Construction (also Labor Standards Provisions Applicable to Non-construction Contracts Subject to the Contract Work Hours and Safety Standards Act),” 29 CFR part 5.
The Contractor shall maintain payrolls and basic payroll records during the course of the work and shall preserve them for a period of three (3) years from the completion of the contract for all laborers and mechanics, including guards and watchmen, working on the contract. Such records shall contain the name and address of each such employee, social security number, correct classifications, hourly rates of wages paid, daily and weekly number of hours worked, deductions made, and actual wages paid.
Such records maintained under this paragraph shall be made available by the Contractor for inspection, copying, or transcription by authorized representatives of the FTA and the Department of Labor, and the Contractor will permit such representatives to interview employees during working hours on the job.
The Contractor shall require the inclusion of the language of this clause within subcontracts of all tiers.
ATTACHMENT 2
28 16. SEISMIC SAFETY
These requirements apply only to contracts for the construction of new buildings or additions to existing buildings.
The Contractor agrees that any new building or addition to an existing building will be designed and constructed in accordance with the standards for Seismic Safety required in Department of Transportation (DOT) Seismic Safety Regulations 49 CFR part 41 and will certify to compliance to the extent required by the regulation. The Contractor also agrees to ensure that all work performed under this Contract, including work performed by a subcontractor, is in compliance with the standards required by the Seismic Safety regulations and the certification of compliance issued on the project.
17. VETERANS EMPLOYMENT
These requirements apply only to capital projects (see 49 USC Section 5302, Subsection 3).
Contractor shall give a hiring preference, to the extent practicable, to veterans (as defined in U.S.C. Section 2108 of title 5) who have the requisite skills and abilities to perform the construction work required under the Contract. This requirement shall not be understood, construed or enforced in any manner that would require an employer to give a preference to any veteran over any equally qualified applicant who is a member of any racial or ethnic minority, female, an individual with a disability, or a former employee.
18. BONDING
These requirements are applicable to all construction or facility improvement contracts and subcontracts exceeding the simplified acquisition threshold (currently set at $250,000). See FTA Circular C 4220.1F for specific bonding requirements.
Bonds are required for all construction or facility improvement contracts and subcontracts exceeding the simplified acquisition threshold. FTA may accept the bonding policy and requirements of the recipient if FTA has determined that the Federal interest is adequately protected. If such a determination has not been made, the following minimum requirements apply:
A. A bid guarantee from each bidder equivalent to five percent of the bid price. The “bid guarantee” must consist of a firm commitment such as a bid bond, certified check, or other negotiable instrument accompanying a bid as assurance that the bidder will, upon acceptance of the bid, execute such contractual documents as may be required within the time specified.
B. A performance bond on the part of the contractor for 100 percent of the contract price. A “performance bond” is one executed in connection with a contract to secure fulfillment of all the contractor's obligations under such contract.
C. A payment bond on the part of the contractor for 100 percent of the contract price. A “payment bond” is one executed in connection with a contract to assure payment as required by law of all persons supplying labor and material in the execution of the work provided for in the contract.
19. PUBLIC TRANSPORTATION EMPLOYEE PROTECTIVE ARRANGEMENTS These requirements apply only to contracts for transit operations performed by employees of contractors and subcontractors recognized by FTA to be a transit operator.
ATTACHMENT 2
29 The Contractor agrees to comply with the following employee protective arrangements of 49 U.S.C. § 5333(b):
A. U.S. DOL Certification. Under this Contract or any Amendments thereto that involve public transportation operations that are supported with federal assistance, a certification issued by U.S. DOL is a condition of the Contract.
B. Special Warranty. When the Contract involves public transportation operations and is supported with federal assistance appropriated or made available for 49 U.S.C. § 5311, U.S. DOL will provide a Special Warranty for its Award, including its Award of federal assistance under the Tribal Transit Program. The U.S. DOL Special Warranty is a condition of the Contract.
C. Special Arrangements. The conditions of 49 U.S.C. § 5333(b) do not apply to Contractors providing public transportation operations pursuant to 49 U.S.C. § 5310. FTA reserves the right to make case-by-case determinations of the applicability of 49 U.S.C. § 5333(b) for all transfers of funding authorized under title 23, United States Code (flex funds), and make other exceptions as it deems appropriate, and, in those instances, any special arrangements required by FTA will be incorporated herein as required.
20. CHARTER SERVICE
These requirements apply to contracts for operating public transportation service.
The Contractor agrees to comply with 49 U.S.C. 5323(d), 5323(r), and 49 CFR part 604, which provides that recipients and sub-recipients of FTA assistance are prohibited from providing charter service using federally funded equipment or facilities if there is at least one private charter operator willing and able to provide the service, except as permitted under:
• Federal transit laws, specifically 49 U.S.C. § 5323(d); • FTA regulations, “Charter Service,” 49 CFR part 604;
• Any other federal Charter Service regulations; or
• Federal guidance, except as FTA determines otherwise in writing.
The Contractor agrees that if it engages in a pattern of violations of FTA’s Charter Service regulations, FTA may require corrective measures or impose remedies on it.
These corrective measures and remedies may include:
• Barring it or any subcontractor operating public transportation under its Award that has provided prohibited charter service from receiving federal assistance from FTA;
• Withholding an amount of federal assistance as provided by Appendix D to part 604 of FTA’s Charter Service regulations; or
• Any other appropriate remedy that may apply.
The Contractor should also include the substance of this clause in each subcontract that may involve operating public transit services.
21. SCHOOL BUS OPERATIONS
ATTACHMENT 2
30 These requirements apply to contracts for operating public transportation service.
The Contractor agrees to comply with 49 U.S.C. 5323(f), and 49 CFR part 604, and not engage in school bus operations using federally funded equipment or facilities in competition with private operators of school buses, except as permitted under:
• Federal transit laws, specifically 49 U.S.C. § 5323(f); • FTA regulations, “School Bus Operations,” 49 CFR part 605; • Any other Federal School Bus regulations; or
• Federal guidance, except as FTA determines otherwise in writing.
If Contractor violates this School Bus Agreement, FTA may:
• Bar the Contractor from receiving Federal assistance for public transportation; or • Require the contractor to take such remedial measures as FTA considers appropriate.
When operating exclusive school bus service under an allowable exemption, the Contractor may not use federally funded equipment, vehicles, or facilities. The Contractor should include the substance of this clause in each subcontract or purchase under this Contract that may operate public transportation services.
22. SAFE OPERATIONS OF MOTOR VEHICLES
Seat Belt Use
The Contractor is encouraged to adopt and promote on-the-job seat belt use policies and programs for its employees and other personnel that operate company-owned vehicles, company- rented vehicles, or personally operated vehicles. The terms “company-owned” and “company-leased” refer to vehicles owned or leased either by the Contractor or AGENCY.
Distracted Driving
The Contractor agrees to adopt and enforce workplace safety policies to decrease crashes caused by distracted drivers, including policies to ban text messaging while using an electronic device supplied by an employer, and driving a vehicle the driver owns or rents, a vehicle Contactor owns, leases, or rents, or a privately-owned vehicle when on official business in connection with the work performed under this agreement.
23. ENCOURAGING CONTRACTOR POLICIES TO BAN TEXT MESSAGING WHILE
DRIVING
These requirements do not apply to micro-purchases ($10,000 or less, except for construction contracts over $2,000).
Definitions.
As used in this clause:
"Driving" means operating a motor vehicle on an active roadway with the motor running, including while temporarily stationary because of traffic, a traffic light, stop sign, or otherwise. "Driving" does not include operating a motor vehicle with or without the motor running when one has pulled over to the side of, or off, an active roadway and has halted in a location where one can safely remain stationary.
ATTACHMENT 2
31 “Text messaging” means reading from or entering data into any handheld or other electronic device, including for the purpose of short message service texting, e-mailing, instant messaging, obtaining navigational information, or engaging in any other form of electronic data retrieval or electronic data communication. The term does not include glancing at or listening to a navigational device that is secured in a commercially designed holder affixed to the vehicle, provided that the destination and route are programmed into the device either before driving or while stopped in a location off the roadway where it is safe and legal to park.
Executive Order
This clause implements Executive Order 13513, Federal Leadership on Reducing Text Messaging While Driving, dated October 1, 2009.
Contractor is encouraged to:
A. Adopt and enforce policies that ban text messaging while driving:
1. Company-owned or rented vehicles or Government-owned vehicles; or
2. Privately-owned vehicles when on official Government business or when performing any work for or on behalf of the Government.
B. Conduct initiatives in a manner commensurate with the size of the business, such as:
1. Establishment of new rules and programs or reevaluation of existing programs to prohibit text messaging while driving; and
2. Education, awareness, and other outreach to employees about the safety risks associated with texting while driving.
Subcontracts
Contractor shall insert the substance of this clause, including this paragraph, in all subcontracts that exceed the micro-purchase threshold, as defined in Federal Acquisition Regulation 2.101 on the date of subcontract award.
24. SUBSTANCE ABUSE REQUIREMENTS
These requirements apply to contracts with contractors who perform safety-sensitive functions, as defined in 49 CFR Part 655.4, “Definitions.” Contractor shall establish and implement a drug and alcohol testing program that complies with “Procedures for Transportation Workplace Drug and Alcohol Testing Programs” (49 CFR Part 40) and “Prevention of Alcohol Misuse and Prohibited Drug Use in Transit Operations” (49 CFR Part 655), produce any documentation necessary to establish its compliance with parts 655 and 40, and permit any authorized representative of the United States Department of Transportation or its operating administrations, the State Oversight Agency of Arizona, or the City of Phoenix, to inspect the facilities and records associated with the implementation of the drug and alcohol testing program as required under 49 CFR part 655 and 49 CFR part 40 and review the testing process.
Contractor shall also submit for review and approval a copy of its substance abuse prevention policy developed to implement its drug and alcohol testing program.
ATTACHMENT 2
32 Contractor agrees further to certify annually its compliance with parts 655 and 40 and to submit the Drug and Alcohol Management Information System (DAMIS) reports before March 15 to Transit Compliance Officer, City of Phoenix Public Transit Department, 302 N. 1st Avenue, Phoenix, AZ 85003. To certify compliance, the Contractor shall use the "Substance Abuse Certifications" in the "Annual List of Certifications and Assurances for Federal Transit Administration Grants and Cooperative Agreements," which is published annually in the Federal Register.
25. BUY AMERICA (Include certification form)
These requirements apply to contracts over $150,000 if they involve the purchase of iron, steel, manufactured goods, or rolling stock.
Contractor agrees to comply with 49 U.S.C. 5323(j) and 49 CFR part 661, which provide that Federal funds may not be obligated unless all steel, iron, and manufactured products used in FTA funded projects are produced in the United States, unless a waiver has been granted by FTA or the product is subject to a general waiver. General waivers are listed in 49 CFR § 661.7 and include final assembly in the United States for 15 passenger vans and 15 passenger wagons produced by Chrysler Corporation, microcomputer equipment, and software. Separate requirements for rolling stock are set out at 49 U.S.C. 5323(j)(2)(C) and 49 CFR § 661.11.
Contractor must submit to AGENCY the appropriate Buy America certification below with its offer. Offers that are not accompanied by a completed Buy America certification will be rejected as nonresponsive.
26. ROLLING STOCK LIMITATIONS
These requirements apply to contracts for the purchase of rolling stock.
Contractor and its subcontractors must comply with the limitation on certain rolling stock procurements at 49 U.S.C. § 5323(u), prohibiting the procurement of rolling stock from specified manufacturers for public transportation use.
27. BUS TESTING
These requirements apply to contracts for the purchase or lease of any bus model that is new or has any major change in configuration or components to be acquired or leased.
Contractor [Manufacturer] agrees to comply with the Bus Testing requirements under 49 U.S.C. 5318(e) and FTA's implementing regulation at 49 CFR part 665 to ensure that the requisite testing is performed for all new bus models or any bus model with a major change in configuration or components, and that the bus model has achieved a passing score. Upon completion of the testing, the Contractor shall obtain a copy of the bus testing reports from the operator of the testing facility and make that report(s) publicly available prior to final acceptance of the first vehicle by the grantee.
28. PRE-AWARD AND POST-DELIVERY AUDITS OF ROLLING STOCK PURCHASES These requirements apply to contracts for the purchase of revenue service rolling stock.
Contractor agrees to comply with 49 U.S.C. § 5323(m) and FTA's implementing regulation at 49 CFR part 663. The Contractor shall comply with the Buy America certification(s) submitted with its offer. The Contractor agrees to participate and cooperate in any preaward and post-delivery audits performed pursuant to 49 CFR part 663 and related FTA guidance.
ATTACHMENT 2
33 29. CLEAN AIR ACT AND FEDERAL WATER POLLUTION CONTROL ACT These requirements do not apply to contracts and subcontracts under $150,000.
The Contractor agrees:
A. It will not use any violating facilities;
B. It will report the use of facilities placed on or likely to be placed on the U.S. EPA “List of Violating Facilities;”
C. It will report violations of use of prohibited facilities to FTA; and D. It will comply with the inspection and other requirements of the Clean Air Act, as amended, (42 U.S.C. §§ 7401 – 7671q); and the Federal Water Pollution Control Act as amended, (33 U.S.C. §§ 1251-1387).
30. ENERGY CONSERVATION
Contractor agrees to comply with mandatory standards and policies relating to energy efficiency, which are contained in the state energy conservation plan issued in compliance with the Energy Policy and Conservation Act.
31. RECYCLED PRODUCTS
These requirements apply to all contracts and subcontracts involving the purchase of items designated by the EPA (that contain the highest percentage of recovered materials practicable) in excess of $10,000. See 40 C.F.R part 247 for federal designation of items.
Contractor agrees to provide a preference for those products and services that conserve natural resources, protect the environment, and are energy efficient by complying with and facilitating compliance with Section 6002 of the Resource Conservation and Recovery Act, as amended, 42 U.S.C. § 6962, and U.S. Environmental Protection Agency (U.S. EPA), “Comprehensive Procurement Guideline for Products Containing Recovered Materials,” 40 CFR part 247.
32. PATENT RIGHTS AND RIGHTS IN DATA
These requirements apply to contracts for the performance of experimental, developmental, or research work.
Intellectual Property Rights
This Project is funded through a Federal award with FTA for experimental, developmental, or research work purposes. As such, certain Patent Rights and Data Rights apply to all subject data first produced in the performance of this Contract. The Contractor shall grant the AGENCY intellectual property access and licenses deemed necessary for the work performed under this Agreement and in accordance with the requirements of 37 CFR part 401, “Rights to Inventions Made by Nonprofit Organizations and Small Business Firms Under Government Grants, Contracts and Cooperative Agreements,” and any implementing regulations issued by FTA or U.S. DOT. The terms of an intellectual property agreement and software license rights will be finalized prior to execution of this Contract and shall, at a minimum, include the following restrictions:
Except for its own internal use, the Contractor may not publish or reproduce subject data in whole or in part, or in any manner or form, nor may the Contractor authorize others to do so, without the written consent of FTA, until such time as FTA may have either released or approved the release of such data to the public. This restriction on publication, however, does not apply to any contract with an academic institution. For ATTACHMENT 2
34 purposes of this agreement, the term “subject data” means recorded information whether or not copyrighted, and that is delivered or specified to be delivered as required by the Contract. Examples of “subject data” include, but are not limited to computer software, standards, specifications, engineering drawings and associated lists, process sheets, manuals, technical reports, catalog item identifications, and related information, but do not include financial reports, cost analyses, or other similar information used for performance or administration of the Contract.
A. The Federal Government reserves a royalty-free, non-exclusive and irrevocable license to reproduce, publish, or otherwise use, and to authorize others to use for “Federal Government Purposes,” any subject data or copyright described below.
For “Federal Government Purposes,” means use only for the direct purposes of the Federal Government. Without the copyright owner’s consent, the Federal Government may not extend its Federal license to any other party.
1. Any subject data developed under the Contract, whether or not a copyright has been obtained; and
2. Any rights of copyright purchased by the Contractor using Federal assistance in whole or in part by the FTA.
B. Unless FTA determines otherwise, the Contractor performing experimental, developmental, or research work required as part of this Contract agrees to permit FTA to make available to the public, either FTA’s license in the copyright to any subject data developed in the course of the Contract, or a copy of the subject data first produced under the Contract for which a copyright has not been obtained. If the experimental, developmental, or research work, which is the subject of this Contract, is not completed for any reason whatsoever, all data developed under the Contract shall become subject data as defined herein and shall be delivered as the Federal Government may direct.
C. Unless prohibited by state law, upon request by the Federal Government, the Contractor agrees to indemnify, save, and hold harmless the Federal Government, its officers, agents, and employees acting within the scope of their official duties against any liability, including costs and expenses, resulting from any willful or intentional violation by the Contractor of proprietary rights, copyrights, or right of privacy, arising out of the publication, translation, reproduction, delivery, use, or disposition of any data furnished under that contract. The Contractor shall be required to indemnify the Federal Government for any such liability arising out of the wrongful act of any employee, official, or agents of the Federal Government.
D. Nothing contained in this clause on rights in data shall imply a license to the Federal Government under any patent or be construed as affecting the scope of any license or other right otherwise granted to the Federal Government under any patent.
E. Data developed by the Contractor and financed entirely without using Federal assistance provided by the Federal Government that has been incorporated into work required by the underlying Contract is exempt from the requirements herein, provided that the Contractor identifies those data in writing at the time of delivery of the Contract work.
ATTACHMENT 2
35 F. The Contractor agrees to include these requirements in each subcontract for experimental, developmental, or research work financed in whole or in part with Federal assistance.
33. COMPLIANCE WITH NATIONAL ITS ARCHITECTURE POLICY
These requirements apply only to contracts for National Intelligent Transportation System projects.
Contractor agrees to conform to the National Intelligent Transportation Systems (ITS) Architecture requirements of 23 U.S.C. § 517(d), unless it obtains an exemption from those requirements, and follow FTA Notice, “FTA National ITS Architecture Policy on Transit Projects,” 66 Fed. Reg. 1455, January 8, 2001, and all other applicable federal guidance.
34. NATIONAL TRANSIT DATABASE (NTD) REPORTING
As a condition of benefitting from federal assistance for public transportation operations, contractor and its subcontractors must:
A. Facilitate compliance with 49 U.S.C. § 5334(a), which authorizes the National Transit Database (NTD);
B. Conform to the NTD reporting system and the Uniform System of Accounts and Records;
C. Comply with FTA regulations, “Uniform System of Accounts and Records and Reporting System,” 49 CFR Part 630;
D. Report information relating to, and the condition of, its public transportation assets, as provided in FTA regulations, “Transit Asset Management; National Transit Database,” 49 CFR Parts 625 and 630;
E. Comply with any other applicable reporting regulation and requirements; and F. Follow FTA guidance.
35. TRAFFICKING IN PERSONS
Contractor and its subcontractors or their employees shall not:
A. Engage in severe forms of trafficking in persons during the Contract Term; B. Procure a commercial sex act during the Contract Term; or C. Use forced labor in the performance of the Contract.
Contractor shall inform AGENCY immediately of any information Contractor receives from any source alleging a violation of a prohibition in this section. AGENCY may terminate this Agreement for any violation of this section; such right of termination is in addition to all other remedies for noncompliance that are available to the AGENCY.
36. CENTERS FOR DISEASE CONTROL AND PREVENTION (CDC) ORDER ON
REQUIREMENTS FOR PERSONS TO WEAR MASKS WHILE ON
CONVEYANCES AND AT TRANSPORTATION HUBS
The Contractor agrees that it will comply, and will require all subcontractors to comply, with the CDC Mask Order of January 29, 2021, titled Requirement for Persons to Wear Masks While on Conveyances and at Transportation Hubs (“CDC Mask Order”), and with TSA’s Emergency Amendment No. 1546-21-01B and Security Directive No.
ATTACHMENT 2
36 1582/84-21-01B (made effective on September 14, 2021) in support of the CDC Mask Order for ground transportation and its August 20, 2021 extension of the mask mandate for transportation networks through March 18, 2022.
The Contractor agrees that FTA may take enforcement action for non-compliance with the CDC Mask Order and supportive TSA actions, including:
A. Enforcement actions authorized by 49 U.S.C. § 5329(g); B. Referring the Recipient to the CDC or other Federal authority for enforcement action;
C. Enforcement actions authorized by 2 CFR §§ 200.339 – .340; and D. Any other enforcement action authorized by federal law or regulation.
37. DISADVANTAGED BUSINESS ENTERPRISE (DBE)
ATTACHMENT 2
37 FTA CERTIFICATIONS
EACH CERTIFICATION PROVIDES INSTRUCTION
DESCRIBING WHEN THE CERTIFICATION IS
APPLICABLE
INAPPLICABLE FTA CERTIFICATIONS
MAY BE LEFT BLANK
ATTACHMENT 2
38 DEBARMENT AND SUSPENSION CERTIFICATION
This certification does not apply to contracts and subcontracts under $25,000. Offers that are not accompanied by a completed, applicable certification will be rejected as nonresponsive. □ The Proposer certifies, to the best of its knowledge and belief, that the Proposer and its principals:
1. Are not presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily or involuntarily excluded from covered transactions by any federal department or agency;
2. Have not, within the preceding three years, been convicted of or had a civil judgment rendered against them for commission of fraud or a criminal offense in connection with obtaining, attempting to obtain, or performing a public or private agreement or transaction; violation of federal or state antitrust statutes, including those proscribing price fixing between competitors, allocation of customers between competitors, and bid rigging; commission of embezzlement, theft, forgery, bribery, falsification or destruction of records, making false statements, tax evasion, receiving stolen property, making false claims, or obstruction of justice; or commission of any other offense indicating a lack of business integrity or business honesty;
3. Are not presently indicted for or otherwise criminally or civilly charged by a governmental entity (federal, state, or local) with commission of any offense described in Paragraph 2 of this certification;
4. Have not, within the preceding three years, had one or more public transactions (federal, state, or local) terminated for cause or default.
OR
□ The Proposer is unable to certify to all of the statements in this certification, and attaches its explanation to this certification. (In the explanation, the Proposer must certify to those statements that can be certified and explain why the other statements cannot be certified.) The Proposer certifies or affirms the truthfulness and accuracy of the contents of the statements submitted on or with this certification. In addition, the Proposer understands and agrees that the provisions of 31 USC §§ 3801 et al. are applicable to this certification.
Company:___________________________________________________________________ Name:______________________________________________________________________ Title:_______________________________________________________________________ Signature:__________________________________________________________________ Date:_______________________________________________________________________ ATTACHMENT 2
39 BUY AMERICA CERTIFICATION
This certification applies to contracts over $150,000 if they involve the purchase of iron, steel, manufactured goods, or rolling stock.
If this Offer is valued in excess of $150,000 and involves the procurement of steel, iron, or manufactured products (as defined in 49 CFR §§ 661.3 and 661.5), the Proposer hereby certifies that it:
□ Will comply with the requirements of 49 USC § 5323(j)(1) and the applicable regulations in 49 CFR part 661;
OR
□ Cannot comply the requirements of 49 USC § 5323(j) (and 49 CFR part 661) but may qualify for an exception to the requirements pursuant to 49 USC § 5323(j)(2), as amended, and the applicable regulations in 49 CFR § 661.7.
If this Offer is valued in excess of $150,000 and involves the procurement of buses or other rolling stock (including associated equipment), the Proposer hereby certifies that it:
□ Will comply with the requirements of 49 USC § 5323(j) and the applicable regulations of 49 CFR § 661.11;
OR
□ Cannot comply with the requirements of 49 § USC 5323(j) (and 49 CFR § 661.11), but may qualify for an exception to the requirements consistent with 49 USC § 5323(j)(2)(C), as amended, and the applicable regulations in 49 CFR § 661.7.
The Proposer certifies or affirms the truthfulness and accuracy of the contents of the statements submitted on or with this certification. In addition, the Proposer understands and agrees that the provisions of 31 USC §§ 3801 et al. are applicable to this certification Company:___________________________________________________________________ Name:______________________________________________________________________ Title:_______________________________________________________________________ Signature:__________________________________________________________________ Date:______________________________________________________________________ ATTACHMENT 2
40 LOBBYING CERTIFICATION
This certification does not apply to contracts and subcontracts under $100,000. Offers that are not accompanied by a completed, applicable certification will be rejected as nonresponsive.
The Proposer certifies, to the best its knowledge and belief, that:
1. No federal appropriated funds have been paid or will be paid, by or on behalf of the Proposer, to any person for influencing or attempting to influence an officer or employee of an agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with the awarding of any federal contract, the making of any federal grant, the making of any federal loan, the entering into of any cooperative agreement, and the extension, continuation, renewal, amendment, or modification of any federal contract, grant, loan, or cooperative agreement.
2. If any funds other than federal appropriated funds have been paid or will be paid to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with this federal contract, grant, loan, or cooperative agreement, the Proposer shall complete and submit Standard Form-LLL, “Disclosure Form to Report Lobbying,” in accordance with its instructions.
3. The Proposer shall require that the language of this certification be included in the award documents for all subawards at all tiers (including subcontracts, subgrants, and contracts under grants, loans, and cooperative agreements) and that all subcontractors shall certify and disclose accordingly.
This certification is a material representation of fact upon which reliance was placed when this transaction was made or entered into. Submission of this certification is a prerequisite for making or entering into this transaction imposed by 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 Proposer certifies or affirms the truthfulness and accuracy of the contents of the statements submitted on or with this certification. In addition, the Proposer understands and agrees that the provisions of 31 USC §§ 3801 et al. are applicable to this certification.
Company:___________________________________________________________________ Name:______________________________________________________________________ Title:_______________________________________________________________________ Signature:___________________________________________________________________ Date:_______________________________________________________________________ Per paragraph 2 above, complete and submit Standard Form–LLL, “Disclosure Form to Report Lobbying,” if applicable.
ATTACHMENT 2
41 CERTIFICATE OF COMPLIANCE WITH BUS TESTING REQUIREMENT This certification applies to contracts for the purchase or lease of any bus model that is new or has any major change in configuration or components to be acquired or leased. Offers that are not accompanied by a completed, applicable certification will be rejected as nonresponsive.
The Proposer certifies that the bus was tested at the Bus Testing Facility and that the bus received a passing test score as required by 49 CFR Part 665. The applicant has received or will receive the appropriate full Bus Testing Report and any applicable partial testing reports before final acceptance of the first vehicle.
The Proposer understands that misrepresenting the testing status of a vehicle acquired with federal financial assistance may subject the undersigned to civil penalties as outlined in the Department of Transportation’s regulation on Program Fraud Civil Remedies, 49 CFR Part 31.
In addition, the Proposer understands that FTA may suspend or debar a manufacturer under the procedures in 49 CFR Part 29.
The Proposer certifies or affirms the truthfulness and accuracy of the contents of the statements submitted on or with this certification. In addition, the Proposer understands and agrees that the provisions of 31 USC §§ 3801 et al. are applicable to this certification.
Company:___________________________________________________________________ Name:______________________________________________________________________ Title:_______________________________________________________________________ Signature:___________________________________________________________________ Date:_______________________________________________________________________ ATTACHMENT 2
42 TRANSIT VEHICLE MANUFACTURER DISADVANTAGED BUSINESS ENTERPRISE
CERTIFICATION
This certificate applies to contracts for the purchase of rolling stock.
The Contractor, a Transit Vehicle Manufacturer, hereby certifies that it has complied with the requirements of 49 CFR § 26.49 by submitting an annual DBE goal to the Federal Transit Administration (FTA). The goal has either been approved or is pending approval by FTA.
The Proposer certifies or affirms the truthfulness and accuracy of the contents of the statements submitted on or with this certification. In addition, the Proposer understands and agrees that the provisions of 31 USC §§ 3801 et al. are applicable to this certification.
Company:__________________________________________________________________ Name:_____________________________________________________________________ Title:______________________________________________________________________ Signature:__________________________________________________________________ Date:______________________________________________________________________ ATTACHMENT 2
43 FEDERAL MOTOR VEHICLE SAFETY STANDARDS CERTIFICATION This certificate applies to contracts for the purchase of rolling stock.
The Proposer, if awarded the Contract, shall submit: (1) the manufacturer’s FMVSS selfcertification sticker information that the vehicle complies with relevant FMVSS; or (2) the manufacturer’s certified statement that the contracted buses will not be subject to FMVSS regulations.
The Proposer certifies or affirms the truthfulness and accuracy of the contents of the statements submitted on or with this certification. In addition, the Proposer understands and agrees that the provisions of 31 USC §§ 3801 et al. are applicable to this certification.
Company:__________________________________________________________________ Name:_____________________________________________________________________ Title:______________________________________________________________________ Signature:__________________________________________________________________ Date:______________________________________________________________________ ATTACHMENT 2
44 TAX LIABILITY CERTIFICATION
This certificate applies to all contracts.
The Proposer, certifies that:
(a) it has no unpaid federal tax liability that has been assessed, for which all judicial and administrative remedies have been exhausted or have lapsed, and that is not being paid in a timely manner pursuant to an agreement with the authority responsible for collecting the tax liability; and
(b) it has not been convicted of a felony criminal violation under any federal law within the preceding 24 months.
The Proposer certifies or affirms the truthfulness and accuracy of the contents of the statements submitted on or with this certification. In addition, the Proposer understands and agrees that the provisions of 31 USC §§ 3801 et al. are applicable to this certification.
Company:__________________________________________________________________ Name:_____________________________________________________________________ Title:______________________________________________________________________ Signature:__________________________________________________________________ Date:______________________________________________________________________ ATTACHMENT 2
10 DISADVANTAGED BUSINESS ENTERPRISE (DBE) CERTIFICATION The Proposer certifies or affirms the truthfulness and accuracy of the contents of the statements submitted on or with this certification. In addition, the Proposer understands and agrees that the provisions of 31 USC §§ 3801 et al. are applicable to this certification.
Company:__________________________________________________________________ Name:_____________________________________________________________________ Title:______________________________________________________________________ Signature:__________________________________________________________________ Date:______________________________________________________________________ ATTACHMENT 2
46 ATTACHMENT II
PROFESSIONAL SERVICES AGREEMENT
ATTACHMENT 2
47 Attachment II – Professional Services Agreement
AGREEMENT FOR PROFESSIONAL SERVICES
This Agreement is made and entered into this ____ day of ________, 20___, by and between the CITY OF MANTECA, a public body, corporate and politic ("City") and _____________, a ___________ corporation ("Consultant").
RECITALS
Consultant is specially trained, experienced, and competent to perform the professional services required by this Agreement.
Consultant possesses the skill, experience, ability, background, certification, and knowledge to provide the services described in this Agreement on the terms and conditions specified herein.
City desires to retain Consultant to render the professional services set forth in this Agreement.
AGREEMENT
Scope of Services. Consultant shall perform the __________ services described in the attached Attachment 1 that is incorporated by this reference, and pursuant to the Proposal submitted by Consultant dated ______, and attached hereto as Attachment 2. Consultant shall provide these services at the time, place, and in the manner specified in Attachment 1, subject to the direction of the City through its staff that may be provided from time to time. Performance of the ______ services is sometimes referred to herein as “the Project.”
2. Work Through City Staff. Consultant shall perform its services pursuant to this Agreement solely through City staff. No communications, information or documentations shall be made directly to any applicant to the City without the prior written consent of the City. This shall not apply to the sole request of information or clarification of information by Consultant from the applicant. All requests shall be noted to City in an expeditious manner.
3. Time of Performance. Consultant’s services will commence upon execution of this Agreement and shall be completed in accordance with the Schedule of Activities, attached hereto as Attachment 3. All work shall be completed no later than _______________. Failure to submit work products in accordance with the Schedule of Activities may result in the City withholding progress payments. Repeated failure to complete work products in accordance with the Schedule of Activities may result in a reduction of the total compensation provided for in Section 4 herein.
ATTACHMENT 2
48 4. Compensation. Without additional authorization from the City, compensation to be paid to Consultant shall not exceed _______________DOLLARS ($______). Payment by City under this Agreement shall not be deemed a waiver of any defects, even if those defects were known to the City at the time of payment.
5. Method of Payment. Consultant shall submit monthly billings to City specifying and describing the work performed during the preceding month. Consultant's bills shall include a brief description of the services performed, the date the services were performed, the number of hours expended and by whom, and a description of any reimbursable expenditures. Full payment of each task will only be made at such time as each task is completed.
City shall pay Consultant no later than 30 days after approval of the monthly invoice by City staff.
Payments may be delayed by City if Consultant fails to provide services in accordance with the Schedule of Activities, unless the City has provided prior written consent to any delay in the schedule.
6. Extra Work. At any time during the term of this Agreement, City may request that Consultant perform Extra Work. As used herein, the term "Extra Work" means any work that is determined by City to be necessary for the proper completion of the Project, but which the parties did not reasonably anticipate would be necessary at the time of execution of this Agreement.
Consultant shall not perform, nor be compensated for, Extra Work without the City’s prior written authorization.
7. Termination. This Agreement may be terminated by the City immediately for cause, or by either party without cause upon 15 days’ prior written notice of termination. Upon termination, Consultant shall be entitled to compensation for services performed up to the effective date of termination upon submittal of an invoice for same.
8. Ownership of Documents; Confidentiality.
All plans, studies, documents, and other writings prepared by and for Consultant, its officers, employees, agents, and subcontractors in the course of implementing this Agreement, except working notes and internal documents, shall become the property of City upon payment to Consultant for such work. City shall have the sole right to use such materials in its discretion without further compensation to Consultant or to any other party. Consultant shall, at Consultant's expense, provide such reports, plans, studies, documents and other writings to City upon written request by City. Consultant shall not be responsible for any unauthorized modification or use of such information for other than its intended purpose. All memoranda, specifications, plans, procedures, drawings, descriptions, computer program data, input record data, written information, and other documents and data, either created by or provided to Consultant in connection with the performance of this Agreement, shall be held confidential by Consultant. These materials shall not, without the City’s prior written consent, be used by Consultant for any purposes other than the performance of the services under this Agreement. Nor shall these materials be disclosed to any person or entity not connected with the performance of services under this Agreement. Nothing furnished to Consultant that is ATTACHMENT 2
49 otherwise known to Consultant, or is generally known, or has become known to the related profession shall be deemed confidential. Consultant shall not use City's name or insignia, photographs relating to the Project for which Consultant's services are rendered, or any publicity pertaining to the Consultant's services under this Agreement in any magazine, trade paper, newspaper, television or radio production, or other similar medium without the City’s prior written consent.
Consultant warrants and represents that it has secured all necessary licenses, consents or approvals necessary to the production of the Work Product, and that upon final payment or Consultant’s default, City shall have full legal title to the Work Product, and full legal authority and the right to use and reproduce the Work Product for any purpose. Consultant shall defend, indemnify and hold City, and the other Indemnitees (as defined in Section ___, above) harmless from any and all loss, claim or liability in any way related to a claim that City’s use of any of the Work Product violates federal, state or local laws, or any contractual provisions, or any rights or laws relating to trade names, licenses, franchises, copyrights, patents or other means of protecting intellectual property rights and/or interests in products, ideas or inventions. Consultant shall bear all costs arising from the use of patented, copyrighted, trade secret or trademarked documents, materials, equipment, devices or processes in connection with its provision of the Work Product produced under this Agreement. In the event the use of any of the Work Product or other deliverables hereunder by City is held to constitute an infringement and the use of any of the same is enjoined, Consultant, at its expense, shall: (a) secure for City the right to continue using the Work Product and other deliverables by suspension of any injunction, or by procuring a license or licenses for City; or (b) modify the Work Product and other deliverables so that they become non-infringing while remaining in compliance with the requirements of this Agreement. This covenant shall survive the termination of this Agreement.
9. Consultant's Books and Records.
A. Consultant shall maintain all ledgers, books of account, invoices, vouchers, canceled checks, and other records or documents evidencing or relating to charges for services, or expenditures and disbursements charged to City, for a minimum period of three years, or for any longer period required by law, from the date of final payment to Consultant under this Agreement.
B. Consultant shall maintain all records that document performance under this Agreement for a minimum period of three years, or for any longer period required by law, from the date of termination or completion of this Agreement. Any records or documents required to be maintained pursuant to this Agreement shall be made available for inspection or audit at any time during regular business hours, upon written request by the City Manager, City Attorney, City Auditor, or a designated representative of any of these officers. Copies of such documents shall be provided to City for inspection at City Hall when it is practical to do so. Otherwise, unless an alternative is mutually agreed upon, the records shall be available at Consultant's address specified in Section 16 of this Agreement.
ATTACHMENT 2
50 Where City has reason to believe that records or documents may be lost or discarded due to the dissolution or termination of Consultant's business, City may, by written request, require that custody of the records be given to the City and that the records and documents be maintained in City Hall. Access to these records and documents shall be granted to any party authorized by Consultant, Consultant's representatives, or Consultant's successor-in-interest.
10. Independent Contractor. In the performance of the work and services required by this Agreement, Consultant shall act as and be an independent contractor and not an agent, or employee of the City. Consultant shall obtain no rights to retirement or other benefits that accrue to City's employees, and Consultant expressly waives any claim it may have to any such rights.
11. Interest of Consultant.
A. Consultant represents that neither it nor any employee has any investment or interest in real property, and shall not acquire any such interest, direct or indirect, within the area covered by this Agreement, or any other source of income, interest in real property, or investment that would be affected in any manner or degree by the performance of Consultant's services hereunder. Consultant further represents that, in the performance of its duties hereunder, no person having any such interest shall perform any services under this Agreement.
B. Consultant is not a designated employee within the meaning of the Political Reform Act because Consultant:
will conduct research and arrive at conclusions with respect to its rendition of information, advice, recommendation, or counsel independent of the control and direction of the City, or of any City official, other than normal Agreement monitoring; and
possesses no authority with respect to any City decision beyond the rendition of information, advice, recommendation, or counsel. (FPPC Reg. 18700(a)(2).)
12. Professional Ability of Consultant.
A. City is relying upon the professional training and ability of Consultant to perform the services hereunder as a material inducement to enter into this Agreement. Consultant shall therefore provide skilled professional and technical personnel to perform all services under this Agreement. All work performed by Consultant shall be in accordance with applicable legal requirements and shall meet the standard of quality ordinarily to be expected of competent professionals in Consultant's field of expertise.
B. The primary provider of the services required by this Agreement shall be ______________. A list of other individuals assigned to the Project will be provided to City for its review and approval, and these individuals shall not be replaced without the City’s prior written consent.
ATTACHMENT 2
51 13. Compliance with Laws. Consultant shall use the customary standard of care in its profession to comply with all applicable federal, state, and local statutes, codes, ordinances, and regulations.
14. Licenses. Consultant represents and warrants to City that it has all licenses, permits, qualifications, insurance, and approvals that are legally required of Consultant to practice its profession. Consultant represents and warrants to City that Consultant shall, at its sole cost and expense, keep in effect or obtain at all times during the term of this Agreement, any licenses, permits, insurance, and approvals that are legally required of Consultant to practice its profession.
15. Indemnification and Hold Harmless. Consultant agrees to defend, indemnify, and hold harmless the City, its officers, officials, agents, employees, and volunteers, from and against any and all claims, demands, actions, losses, damages, injuries, and liability, direct or indirect (including any and all costs and expenses in connection therewith), arising out of Consultant’s performance of this Agreement, or Consultant’s failure to comply with any of its obligations contained in this Agreement; excluding, however, any claim arising out of the active negligence or willful misconduct of the City, its officers, agents, employees, or volunteers.
16. Insurance Requirements.
A. Job specific insurance requirements can be found on the attached Attachment 4.
Other insurance provisions can be found below:
B. Endorsements. Each general liability and automobile liability insurance policy shall be with insurers possessing an A.M. Best's rating of no less than A:VII and shall be endorsed with language substantially as follows:
(1) The City, its elected and appointed officers, officials, employees, agents and volunteers are to be covered as additional insureds with respect to liability arising out of work performed by or on behalf of the Consultant, including materials, parts, or equipment furnished in connection with such work.
(2) The policy shall be considered primary insurance as respects the City, its elected and appointed officers, officials, employees, agents and volunteers. Any insurance maintained by the City, including any self-insured retention the City may have, shall be considered excess insurance only and shall not contribute with it. (3) The insurance shall apply to each insured and additional insured as though a separate policy had been written for each, except with respect to the limits of liability of the insuring company. (4) The insurer waives all rights of subrogation against the City, its elected and appointed officers, officials, employees, and agents.
ATTACHMENT 2
52 (5) Any failure to comply with reporting provisions of the policies shall not affect coverage provided to the City, its elected and appointed officers, officials, employees, agents, or volunteers.
(6) The insurance provided by the policy shall not be suspended, voided, canceled, or reduced in coverage or in limits except after 30 days written notice has been received by the City.
(7) The City will not accept any endorsements that were issued in 2004. Acceptable endorsement forms are CG 20 10 11 85 or both CG 20 10 10 01 and CG 20 37 10 01.
C. Deductibles and Self-Insured Retentions. Any deductibles or self-insured retentions must be declared to and approved by the City. At the City's option, Consultant shall demonstrate financial capability for payment of those deductibles or self-insured retentions.
D. Certificates of Insurance. Consultant shall provide to City certificates of insurance with original endorsements as evidence of the required insurance coverage. Certificates of insurance shall be filed with the City on or before commencement of performance of this Agreement. Current certification of insurance shall be kept on file with the City at all times during the term of this Agreement.
17. Notices. Any notice required to be given under this Agreement shall be in writing and either served personally or sent prepaid, first class mail. Any such notice shall be addressed to the other party at the address set forth below. Notice shall be deemed communicated within 48 hours from the time of mailing if mailed as provided in this section.
If to City: City of Manteca
1001 W. Center Street
Manteca, CA 95337
Attention: _______________
If to Consultant: ________________________
________________________
________________________
Attention: _______________
18. Entire Agreement. This Agreement constitutes the complete and exclusive statement of Agreement between the City and Consultant. All prior written and oral communications, including correspondence, drafts, memoranda, and representations, are superseded in their entirety by this Agreement.
19. Amendments. This Agreement may be amended only by a written document executed by both Consultant and City and approved as to form by the City Attorney.
ATTACHMENT 2
53 20. Assignment and Subcontracting. The parties recognize that a substantial inducement to City for entering into this Agreement is the professional reputation, experience, and competence of Consultant. Assignments of any or all rights, duties, or obligations of the Consultant under this Agreement will be permitted only with the express written consent of the City. Consultant shall not subcontract any portion of the work to be performed under this Agreement without the written authorization of the City. If City consents to such subcontract, Consultant shall be fully responsible to City for all acts or omissions of the subcontractor. Nothing in this Agreement shall create any contractual relationship between City and subcontractor nor shall it create any obligation on the part of the City to pay any monies due to any such subcontractor other than as may be required by law.
21. Waiver. Waiver of any breach or default under this Agreement shall not constitute a continuing waiver of a subsequent breach or default of the same or any other provision under this Agreement.
22. Severability. If any provision of this Agreement is held to be invalid, illegal, or otherwise unenforceable by a court of competent jurisdiction, the remaining provisions of this Agreement shall continue in full force and effect.
23. Controlling Law; Venue. This Agreement and all matters relating to it shall be governed by the laws of the State of California, and any legal action relating to this Agreement shall take place in the Superior Court, County of San Joaquin.
24. Litigation Expenses and Attorneys' Fees. If either party to this Agreement commences any legal action against the other party arising out of this Agreement, the prevailing party shall be entitled to recover its reasonable litigation expenses, including court costs, expert witness fees, discovery expenses, and attorneys' fees.
25. Mediation. The parties agree to make a good faith attempt to resolve any disputes arising out of this Agreement through mediation prior to commencing litigation. The parties shall mutually agree upon the mediator and shall divide the costs of mediation equally. If the parties are unable to agree upon a mediator, the dispute shall be submitted to JAMS/ENDISPUTE ("JAMS") or its successor in interest. JAMS shall provide the parties with the names of five qualified mediators. Each party shall have the option to strike two of the five mediators selected by JAMS, and thereafter the mediator remaining shall hear the dispute. If the dispute remains unresolved after mediation, either party may commence litigation.
26. Execution. This Agreement may be executed in several counterparts, each of which shall constitute one and the same instrument and shall become binding upon the parties when at least one copy has been signed by both parties.
27. Authority to Enter Agreement. Consultant warrants that it has all requisite power and authority to conduct its business and to execute, deliver, and perform this Agreement. Each party warrants to the other that the signatories to this Agreement have the legal power, right, and authority to enter into this Agreement and to bind each party.
ATTACHMENT 2
54 28. Prohibited Interests.
A. Consultant warrants that it has not employed or retained any person, other than a bona fide employee working solely for Consultant, to solicit or secure this Agreement.
Further, Consultant warrants that it has neither paid nor agreed to pay any person, other than a bona fide employee working solely for Consultant, any fee, commission, percentage, brokerage fee, gift, or other consideration contingent upon or resulting from the award or making of this Agreement. For any breach or violation of this warranty, City shall have the right to rescind this Agreement without liability.
B. For the term of this Agreement, no member, officer, or employee of City, during the period of his or her service with City, shall have any direct interest in this Agreement, or obtain any present or anticipated material benefit arising therefrom.
29. Equal Opportunity Employment. Consultant represents that it is an equal opportunity employer, and it shall not discriminate against any subcontractor, employee, or applicant for employment because of race, religion, color, national origin, handicap, ancestry, sex, or age. Such non-discrimination shall include, but not be limited to, all activities related to initial employment, upgrading, demotion, transfer, recruitment or recruitment advertising, layoff or termination.
30. Precedence. In case of conflict between Consultant’s Proposal/Consultant’s attachments and the City’s Agreement/City’s attachments, the City’s Agreement and City’s attachments shall take precedence over Consultant’s proposal/Consultant’s attachments.
This Space Purposely Left Blank
ATTACHMENT 2
55 TO EFFECTUATE THIS AGREEMENT, each of the parties has caused this Agreement to be executed by its duly authorized representative as of the date set forth in the introductory paragraph on page 1 above.
CITY OF MANTECA: CONSULTANT:
_________________________________ ___________________________________ Benjamin J. Cantu, (Type name of Consultant/form of organization)* Mayor
ATTEST: By:________________________________________
___________________________________
(Signature)
_________________________________ ___________________________________ Cassandra Candini-Tilton, (Type name and title)
Director of Legislative Services
COUNTERSIGNED: By: ___________________________________
(Signature)
_________________________________ ___________________________________ Bret Harmon, (Type name and title)
Director of Finance
COUNTERSIGNED: Address: ____________________________
_________________________________ ____________________________ Dawn Cortesi,
Interim Director of Human Resources Telephone: ____________________________ APPROVED AS TO FORM:
_________________________________
L. David Nefouse, City Attorney
ATTACHMENT 2
56 ATTACHMENT III
Transit Vehicle List
ATTACHMENT 2
57 Attachment III – Transit Vehicle List
Manteca Transit Vehicle List
Status as of 07/27/22
Qty Make Year Model Length # Doors
FareBox
Make/Modal
Headsign
Make/Modal Cameras
6 Champion 2018 LF270FP 24 ft. 1
Genfare
Odyssey Hanover Apollo
1 GILLIG 2021 Low Floor 35 Ft. 2
Genfare
Odyssey Hanover Apollo
ATTACHMENT 2
11 Exhibit B
CONSULTANT’S PROPOSAL
ATTACHMENT 2
City of Manteca
Technical proposal
Title: Intelligent Transportation System
Due: September 19, 2022 @ 4:00pm PST
Submitted by:
ETA Transit Systems, Inc.
7700 Congress Avenue, Suite 2201
Boca Raton, FL 33487
What drives you?
etatransit.com
ATTACHMENT 2
ATTACHMENT 2
[email protected] | iii
Table of contents
Table of Contents
Table of contents ................................................................................................................................................................... iii Executive summary ................................................................................................................................................................ 1 What drives you? ................................................................................................................................................................... 3 How to use this document .............................................................................................................................................. 4 Proposal structure ......................................................................................................................................................... 4 Confidential material ..................................................................................................................................................... 4 The SPOT™ platform ............................................................................................................................................................. 5 Welcome to the SPOT™ universe .................................................................................................................................. 6 The SPOT™ automatic vehicle location (AVL) system ..................................................................................... 9 Meet your SPOTPro™ system ............................................................................................................................................ 13 Master your transit operations ...................................................................................................................................... 14 Separate MDT and VLU construction ................................................................................................................. 14 MDT software ........................................................................................................................................................................ 21 SPOT™ mobile data terminal software ............................................................................................................... 22 Back office systems ............................................................................................................................................................ 33 SPOT™ administration console ............................................................................................................................ 34 Required technology packages ....................................................................................................................................... 63 Automatic Passenger Counting package (Hella®) ........................................................................................... 64 Automatic Voice Announcements (AVA) package ......................................................................................... 69 GTFS real-time (GTFS-RT) package ................................................................................................................. 72 Implementation strategy .................................................................................................................................................... 73 An iterative process ........................................................................................................................................................ 74 Project role definitions ................................................................................................................................................ 74 Project status meetings ............................................................................................................................................. 75 ATTACHMENT 2
iv | Table of contents How to use this document
Project timeline ............................................................................................................................................................ 75 Preliminary work plan and schedule ................................................................................................................... 79 Project team ....................................................................................................................................................................... 81 Sales contact ................................................................................................................................................................ 82 Training .............................................................................................................................................................................. 83 Role-based curriculum ........................................................................................................................................... 83 City of Manteca responsibilities .................................................................................................................................... 91 Meet ETA Transit ................................................................................................................................................................. 93 About .................................................................................................................................................................................. 93 DBE status .................................................................................................................................................................... 94 History ................................................................................................................................................................................ 95 Customers ..................................................................................................................................................................... 95 References ........................................................................................................................................................................ 97 Partnerships ...................................................................................................................................................................... 98 Executive leadership team ............................................................................................................................................ 99 Organization chart ......................................................................................................................................................... 101 Warranty & support ........................................................................................................................................................... 103 A 3-step approach ........................................................................................................................................................ 104 ATTACHMENT 2
[email protected] | 1
Executive summary
Dear City of Manteca team,
We understand that the City of Manteca is looking to incorporate CAD/AVL capabilities into its fleet of seven vehicles, and add automatic passenger counting, automatic vehicle announcements, and GTFSReal Time. The data analysis and reporting tools alone will dramatically reshape the landscape of your agency and usher in an era of improved performance and enhanced passenger engagement.
In these pages, you will learn all about the many features and customizable nature of our SPOT™ Intelligent transit system (ITS). You will discover how a software-as-a-service (SaaS) system opens the door to ala carte deployments. You will appreciate how off-the-shelf hardware and open architecture systems lay the foundation for unlimited growth. You will come to understand how ETA’s active development process keeps improving upon Manteca Transit’s initial investment with new features, free updates, and seamless wireless deployments.
As this is Manteca Transit’s first intelligent transit system, there is a obviously a strong desire to get this selection “right.” We find that many transit operations make their final decisions based solely on the initial, year one costs. This a shortsighted approach that often sees them out for bid just a few years later looking for a replacement. While SPOT™ is competitively priced, its real impact becomes evident the longer it is in use. For a smaller agency like Manteca, SPOT’
s helps to simplify your day-to-day life by automating
routine tasks, providing real-time visibility to fleet performance, and helps to reduce employee churn by delivering actionable improvement analysis, streamlining the login process, and eliminates manual processes.
SPOT'
is an evolving platform, with new features and capabilities added each year—often at no additional charge. Sometimes these updates are minor, like new reports or utilities; sometimes, they are big like our revolutionary new Route Manager. The point is that an investment in ETA Transit pays dividends year after year. Beyond our technology, delivering an exceptional ownership experience serves as the bedrock to our customer support and training efforts. We are a responsive company, eager to address any concerns you may have.
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2 | Executive summary How to use this document
We invest ourselves in delivering on every promise and taking whatever steps are necessary to ensure your complete satisfaction, including:
Active monitoring of your system
Live chat and 24 / 7/ 365 support
Online resource and knowledge base for continuing education and self-help support System training and certification
Go-to-market strategies and support materials
Perhaps our best short-term benefit is ETA’s ability to deliver Manteca Transit’s new system within 12 weeks of notice to proceed. We can get your buses equipped, your staff well-trained, and new tools in the hands of your riders in three short months. That’s fast.
The transit technology environment is highly competitive and one where the long-term relationship with your vendor is not only meaningful but also critical. When you partner with ETA, you are not only investing in the industry’s best tech but in a partnership and continuity of care that will last for years to come.
The technology and capabilities of SPOT™ is ideally suited for City of Manteca’s situation, and we look forward to furthering this discussion, delivering incredible value and performance, and earning your trust every day.
Warm regards,
Nicole Castonguay, CEO
[email protected]
ATTACHMENT 2
What drives you?
[What you will discover]
ETA developed a comprehensive, easy-to-follow proposal that delivers on the technical requirements found within the RFP. Ours is a solution that meets the spirit of the project and provides a real-world motivation behind the procurement.
[What you will love in this section]
The recommended solution for Manteca Transit’s ITS project How well the SPOT™ transit technology meets and exceeds project specifications That ETA Transit understands the human and situational needs that have prompted City of Manteca to pursue an investment in an intelligent transit technology solution Let’s get started!
Transit agencies report that system performance, accurate transfer of route information, and training are the top three areas of concern when adopting a new CAD/AVL system.
— Source: 2020 ETA Transit Agency Survey
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4 | What drives you? How to use this document
How to use this document
Proposal structure
Unless a specific arrangement is defined, this proposal follows the following format:
1. Overview of proposed SPOT™ system and feature list
2. Introduction to the SPOT™ platform, key design concepts, and general functionality
3. Description of proposed components, software, benefits, and optional features
4. Defined implementation strategy with a preliminary deployment timeline
5. Introduction to ETA Transit and its history, mission, and key personnel
6. Overview of warranty, support procedures, and go-to-market materials
7. Required forms
8. Official pricing document
9. Appendices with reference materials about critical systems and components Confidential material
Sections bearing a lock icon are to be treated as confidential or trade secret information. This information may not be made public or shared with anyone outside the decision-making committee for this procurement effort. Unless expressly noted, all images and content contained under a confidential header are considered protected information.
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The SPOT™ platform
[What you will discover]
The power of the SPOT™ system represents the height of modern intelligent transit system design. Its modular, cloud-based construction provides a versatile foundation that enables future growth and customization to meet current and evolving transportation challenges. [What you will love in this section]
How SPOT’s versatility delivers performance to agencies of any size and focus SPOT’s open architecture approach enhances integration and expansion options The SPOT™ platform provides exceptional reliability with 99.99% uptime SPOT™ is a living ecosystem comprised of software and capabilities that grows, expands, and improves over time—many of which we provide free of charge
Onward!
“The SPOT system delivers precisely what our customers
have requested.”
— Evan Wexler, Executive VP of Operations, Sixt® Car Rental ATTACHMENT 2
6 | The SPOT™ platform Welcome to the SPOT™ universe
Welcome to the SPOT™ universe
An ITS ecosystem designed for the future of transit
ETA defines a solution as one that meets the current situational needs of City of Manteca and must facilitate the opportunity for growth down the road. This growth must be easy to procure, implement, and become the cornerstone for long-term operational strategies. It requires a forward-thinking approach to system design and development. A SPOT™ system does just that—by emphasizing performance, customization, and ease of integration five, 10, even 20 years in the future. The SPOT™ system delivers in four critical areas:
Reliable hardware performance
The accurate collection of real-time information and integration to onboard components Fluid and intuitive route management
The ability to easily manage and modify routes, detours, announcements, timetables, signage, and configurations
CAD/AVL and analytics
The means to track vehicles in real-time and the resources to evaluate the performance in various areas, including on-time performance, speed, driver habits, etc. Solid traveler information systems
The tools to communicate with riders and remove uncertainty from their travels with mobile apps and websites, station signage, and third-party application integration Figure 1: Imagine that the SPOT™ ecosystem is a complete solar system. Each planet orbiting the sun is a more significant part of the intelligent transit platform (left). Around each planet is a series of moons, components that feature opportunities for expansion and customization (right).
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[email protected] | 7
Rethink what you know about intelligent transit systems A lot of the ITS systems currently in use are built on late 1980 to mid-1990s technology. They are clunky relics limited by the era of their development and not indicative of the possibilities with modern technology.
See if this describes your current ITS solution:
It relies on on-site servers
It requires dedicated terminals at your dispatch center It requires proprietary hardware to be installed on your vehicles, stations, and operations It requires the support of a dedicated IT staff to maintain It has a user interface that is anything but intuitive or easy to use It incurs hefty fees to make changes, such as new reports, change routes, etc. To upgrade to new features requires substantial fees
Integrations to third party solutions are nearly impossible The company is slow to respond to feature or technical support requests Deployment of the system can be measured in years
In short, they are expensive, cumbersome solutions that tie the hands of transit operators for years, if not decades.
There is a better way.
Modern technology has freed the transit industry from these clunky, outdated practices. Cloud-based servers, active development processes, and Software-as-a-Service (SaaS) business models have dramatically improved ITS systems' reliability, shortened deployment time, and reduced procurement costs.
SPOT™ has capitalized on these innovations and technological advancements to deliver a better-suited next-generation ITS to improve operations across the board. No need for on-site servers
No dedicated terminals—just need an Internet browser
No proprietary hardware
No need for a dedicated IT staff
Intuitive user interface designed with feedback from industry professionals Always have the latest software build and related capabilities Software patches and upgrades deploy seamlessly in the background New software features download and install in minutes ATTACHMENT 2
8 | The SPOT™ platform Welcome to the SPOT™ universe
Nearly complete control over your date, routes, and operational configuration Scalable to support transit agencies of 5 to 500+ vehicles Integrate with and unify control of nearly any hardware or software system Develop your own solutions with the same API and tools our developers use Procure systems at a fraction of the cost of legacy ITS solutions Fast, responsive, and proactive customer support
Deploy system in weeks, not months or years
ETA Transit delivers the best of both worlds
ETA traces its roots back to the mid-1990s and one of the pioneers of the ITS industry—GeoFocus®. The current owners of ETA were former employees of GeoFocus and saw the potential in the system if it were adapted to modern technology. They also carried with them the lessons the learned about the transit industry; its challenges, its culture, and best practices for creating value for passengers.
These insights power the innovation of our engineering teams to deliver practical solutions that push the boundaries of tried-and-true operational tactics. We solve age-old problems with a depth of understanding of the issues that drive common frustration.
In our view, the essential goal of this procurement is not for City of Manteca to procure an entirely new transit system every few years. Instead, it is to invest in a system that makes it simple to upgrade and add new features for a ‘right-sized’ fit at every stage of its operational evolution. The adoption of the SPOT™ ecosystem ultimately makes the system cheaper to maintain and enhance over time. It also reduces internal objections by eliminating the need to train and retrain a staff in new technology repeatedly. As a result, the evolution of Manteca Transit becomes more organic and predictable.
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[email protected] | 9
The SPOT™ automatic vehicle location (AVL) system
At the heart of our SPOT™ ITS is the capability to track a vehicle across any location accurately. We accomplish this by combining our rugged, transit-tested hardware with a pre-deployment GPS/cellular survey to identify potential gaps in coverage. The reliability of hardware and cellular coverage are critical components in the collection of the vehicle location and transit-related data that is essential to the accurate conversion of operational information into usable transit information.
SPOT™ natively supports the following cellular providers: AT&T, T-Mobile, and Verizon An intelligent, learning platform
The longer a SPOT™ system is in service, the more precise its arrival predictions become. It adjusts its arrival predictions based on established history and performance information, including schedules, time of day, weather conditions, and other factors. Here is how it works:
The SPOT™ location engine
The SPOT™ platform utilizes global positioning systems (GPS) to determine vehicle location and passes the data over to the SPOT™ arrival prediction engine. In most operations, GPS data is ideal for collecting valuable position and location information about a vehicle. If required, a SPOT™ ITS system can overcome these limitations by adding RFID sensors, gyroscopes, dead reckoning systems. The SPOT™ ITS intelligently evaluates the dependability of GPS inputs based on the signal strength and the number of available satellites.
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10 | The SPOT™ platform Welcome to the SPOT™ universe The SPOT™ arrival prediction engine
Using the current position provided by the location engine, the ETA arrival prediction engine attempts to calculate the estimated time of arrival to the next stop using two methods:
A real-time travel algorithm based on location, speed, velocity, and distance A heuristics algorithm that defines a travel profile based on numerous criteria including day, time, and average run time over similar profile periods.
When location data is combined with the travel algorithm and heuristics data, a highly accurate arrival prediction is obtained and can be provided to connected systems.
The SPOT™ delivery service
Once the arrival prediction calculates, the data transmission delivers to every down-stream system, including onboard announcements, digital signage, CAD/AVL software, reporting systems, bus tracking websites, and other rider alert subsystems. This transfer of information happens automatically, negating any need for manual action to display system data to connected devices.
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[email protected] | 11
Figure 2: Real-time travel data automatically transmits to all connected systems within your transit operations.
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Meet your SPOTPro™ system
[What you will discover]
SPOTPro™ delivers an incredibly powerful ITS solution and the freedom to configure your system to deliver precisely the tools and features required to meet the challenges of Manteca Transit’s operations. [What you will love in this section]
The powerful onboard VLU drives all onboard hardware and data collection/delivery A separate MDT avoids the single point of failure found in ‘all-in-one’ systems The SPOT™ ecosystem of software and modules provides a path toward nearly limitless expansion and customization to meet the needs of today … and tomorrow Start your engines!
Increased staff efficiency (64%), an improvement in schedule performance (61%), and accurate reporting (59%) rank as the top three areas transit agencies use to evaluate the ROI on their ITS system. — 2020 ETA Transit Agency Survey
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14 | Meet your SPOTPro™ system Master your transit operations Master your transit operations
More tools. More features. More room to grow.
There are very few areas of a transit operation that are not touched by a modern intelligent transit system like SPOTPro™. The availability of real-time information provides an essential resource to make informed decisions. SPOT’s cloud-hosted environment provides access from anywhere, so data is always at the ready—the boardroom or on the road. In truth, once configured and deployed, the system and its capabilities have something for everyone.
Administrators have access to a wealth of system information to guide new service development, manage reporting obligations, address employee training, manage user access, and evaluate the performance
Dispatchers appreciate the real-time access to a vehicle’s location, seating, incident response, deliver system announcements, and the ability to communicate with operators Drivers love the simplicity of the system and the automation of manual tasks. Maintenance teams love the available pre-trip inspection and vehicle health monitoring that provides the essential first steps in diagnosing potential issues with the fleet Riders benefit from real-time travel updates and arrival predictions, plus the availability of custom created alerts, schedules, local amenities, and a mobile app for on-the-go travel plans Separate MDT and VLU construction
Your SPOTPro™ ITS will utilize a construction that features a separate Mobile Data Terminal (MDT) and Vehicle Logic Unit (VLU). The primary reason for this approach to system design over an all-in-one tablet is both apparent and vital—to protect your data.
A fault-tolerant design
ETA’s system design delivers a more fault-tolerant solution and mitigates the single point of failure that can occur in an all-in-one system. Our design secures the heartbeat of your SPOT™ system (the VLU) away from potential harm. It protects it from jostling passengers, bumps from a stray umbrella, the prying fingers of a curious kid—all real concerns from an all-in-one hosted system that is out in the open and within reach of any number of potentially damaging risks.
With an all-in-one solution, if the hardware ceases to function, all information collection and tracking ceases. A separate MDT/VLU system can continue to operate, collect, and transmit data and control onboard systems—even if the MDT is damaged.
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[email protected] | 15
Table 1: High-level comparison between separate MDT/VLU and all-in-one system design.
Separate MDT and VLU construction All-in-one construction Advantages Disadvantages Advantages Disadvantages
MDT failure does not impact
ITS functionality Non-plug and play VLU Plug and play Single point of failure Higher powered computer Higher initial adoption cost Lower initial adoption cost Lower powered computer More connectivity options Fewer connectivity options
Secure wiring to connected
systems Exposed wiring to connected systems
Non-proprietary hardware Proprietary hardware
No chance of VLU theft High chance of theft
Minimal risk of a supply chain
disruption Higher risk of a supply chain disruption
More power
The separate MDT-VLU approach provides greater possibilities for long term expansion. The SPOT™ VLU is a highly capable, exceptionally reliable computer with enough power to drive all onboard systems, including LCDs, mobile video security, fare collection systems, and rich-media infotainment.
Expansion options
A SPOTPro™ system provides the maximum amount of expansion and customization features. While the base system delivers the essential tools for running a transit operation, it is the ability to add, adapt, and expand your system that genuinely defines the long-term value of this platform. ___________________________________________________________________________________________________ Protecting operational data is critical in helping define long-term growth strategies. An investment in reliable system design and components is an expense that delivers year-over-year benefits far more than the initial procurement cost.
___________________________________________________________________________________________________ Key concept!
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16 | Meet your SPOTPro™ system Master your transit operations Figure 3: The SPOTPro™ system design provides a simple pathway to upgrade your ITS at any time.
Vehicle Logic Unit hardware
The backbone of the system, the VLU, must be a workhorse computer with the power to repeatedly deliver in a rugged, demanding transit environment. ETA’s selection for the City of Manteca project is a transit-tested powerhouse that will provide years of reliable service that features:
Intel™ Gen4™ Dual-Core 298U 1.6GHz
1 x DDR3L-1600 SO-DIMM up to 8GB
Wireless support for LTE, 3.5G, WLAN,
GPS, GSM, GPRS, and Bluetooth
connectivity
Support 1 x RS-232 (COM 1 with
232/422/485)
Support 2 x DI / 2 x DO (12V/100mA)
Intel™ HD graphics
3 x USB 2.0 ports; 2 x RJ45 ports
1 x HDMI and DVI-I
Support two in and two out GPIO port
Mic in / line out Audio
3 x mini-card slots
1 x 2.5” drive bay for SATA hard
disk/SSD drive
Obstructed views: The VLU can be equipped with an optional gyroscopic dead-reckoning system to account geographic considerations where a clear view of the sky may be impacted, such as highly mountainous regions, tunnels, or parking garages. This system automatically maintains tracking of the vehicle and ensures the accurate triggers of onboard announcements.
Figure 4: SPOT Pro™ VLU.
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[email protected] | 17
Mobile Data Terminal hardware
ETA’s choice for Manteca Transit’s onboard MDT is a high-definition LCD touch screen display with a 7” viewable area and an impressive 170-degree horizontal and vertical viewing angle—an essential consideration to maintaining at-a-glance visibility in a variety of operating conditions. The MDT is secured to the vehicle by an articulating mount with secure hex screws to deter theft. The monitor is a ‘dumb’ terminal, meaning that it does not contain any software or specific operating functionality. This approach simplifies use and minimizes any potential issues that can hobble your onboard operations. 7” capacitive touch screen display
7.28” w X 4.7” h X 1.16” d
1920 x 1080 max resolution at 60–72Hz
20ms response time
140°x X 120°y viewing angle
LED backlight
HDMI, VGA, component, and composite inputs
1.2W speaker
3.5mm headphone output
VESA 75 mounts
Operating temp -4° – +140°F
A safe and secure MDT
Security is a primary concern; security against theft and security of information. The SPOT™ MDT offers a secure and reliable, “locked down” platform that defends against common exploits of Google® Android™ and Apple® iOS™ devices. Our rigorous restraints of access prevent the installation of any third-party applications, like games, messengers, and ebook readers, which can serve up potential exploits that can affect the integrity of the overall system.
This heightened level of security ensures that drivers only use the MDT for intended purposes, that installed software performs as designed, and that sensitive data is protected.
Wiring harness design
The SPOTPro™ wiring harness mounts to a vehicle’s equipment cabinet easily and securely. This strategy removes any haphazard approach to installation and ensures that maintenance teams can easily access and maintain hardware and wiring components.
Figure 5: Mobile data terminal and
articulating mount (inset).
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18 | Meet your SPOTPro™ system Master your transit operations Professional installation
ETA’s highly-trained professional deployment teams will ensure a secure installation and configuration of your equipment on your vehicles. Their work is backed by a 60-day hardware installation guarantee that begins on the first day your SPOT™ system goes live after customer witness testing.
Figure 6: A sample block diagram of a complete SPOT™ ITS installation (left) with wiring harness design (inset).
Single sign-on capabilities
The SPOT™ administration console will allow user access by providing single sign-on via Security Assertion Markup Language (SAML) authentication. SAML authentication is supported by Microsoft Active Directory and other identity provider platforms. This process performs authentication and passes the user's identity and authorization level to the service provider. This information is deemed trustworthy by the identity provider and authorizes the given user to access the requested resource.
The benefits of SAML authentication* include:
Improved user experience - Users only need to sign in one time to access multiple service providers. This allows for a faster authentication process and less expectation of the user to remember multiple login credentials for every application. In the example above, that user could have clicked on any of the other icons in their dashboard and been promptly logged in without ever having to enter more credentials!
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[email protected] | 19
Increased security - SAML provides a single point of authentication, which happens at a secure identity provider. Then, SAML transfers the identity information to the service providers. This form of authentication ensures that credentials are only sent to the IdP directly. Loose coupling of directories - SAML doesn't require user information to be maintained and synchronized between directories.
Reduced costs for service providers - With SAML, you don't have to maintain account information across multiple services. The identity provider bears this burden. * Source: https://auth0.com/blog/how-saml-authentication-works The login mechanism for the single sign-on system may vary, such as an existing fare collection system, or a mobile data terminal (MDT). The key benefit is that all the connected systems (VLU/MDT, interior LED, PA systems, APC, etc.) will spring to life and operate as a single, integrated—and authenticated—system.
Figure 7: SPOTPro’s single sign-on capabilities allow the onboard VLU to control all connected onboard systems.
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MDT software
[What you will discover]
SPOT™ provides a customizable and robust suite of administration software that provides City of Manteca an unprecedented level of control over all facets of its operations. [What you will love in this section]
Module based design provides Manteca Transit the tools it needs to meet its specific operating requirements
Software as a Service (SaaS) creates a simplified path to upgrades Intuitive user interface offers a level of customization and ease-of-use that makes it easy to find information or controls quickly
Let’s log in and see what you can do!
When all solutions are comparable, transit agencies report that the overall user experience is most often the deciding factor when selecting a new ITS.
— 2020 ETA Transit Agency Survey
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22 | MDT software Master your transit operations
SPOT™ mobile data terminal software
City of Manteca’s mobile data terminals include an essential suite of powerful standard software modules designed to simplify daily driver tasks and tools designed to improve the collection of data. By default, MDTs include the following utilities:
Login module
Route Selection or Set Service module
Driver Messaging module
Electronic Passenger Counting module
Fare Category module
System Status module
Anti-Bunching or On-Time Performance safety screen
An intuitive user experience
The MDT features a high-contrast modern user interface (UI) designed to simplify navigation and allows drivers to access desired functionalities quickly. The UI of the MDT not only delivers access to software modules, but also provides indicators for new message arrival, system connectivity, time, driver IT, and a one-touch logout button.
Figure 8: The MDT main menu provides the driver with easy one-touch access to all installed software modules.
Current
module title
Current
system time
Driver
logon ID
Logout
button
MDT software
modules
System status
indicator
New message
indicator
Home
button
Refresh
passenger
count
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[email protected] | 23
Driver Login module
Stakeholders impacted: Dispatchers, Operators
Upon starting a vehicle, the MDT will prompt the driver to enter the driver ID number 1 and the current odometer 2 reading for the vehicle. The operator will use the numbered keypad on the right of the screen to input the information before tapping the green Login 3 button to commit the details and access the main menu. A successful login to the SPOT™ system kicks off single sign-on process whereupon all connected systems are activated and correlated to the driver’s activities for the shift.
Figure 9: A successful login dictates which software modules are available to an operator and registers the vehicle on the SPOT™ system.
___________________________________________________________________________________________________ The driver login process is an essential part of collecting both vehicle and route information.
Without logging in, the vehicle is untraceable on the system, which impacts data collection, driver behavior monitoring, the calculations of real-time arrival predictions, and the appearance of the asset on traveler information websites and apps. ___________________________________________________________________________________________________ Driver Login module
Register the vehicle on the SPOT™ platform
Key concept!
1 Enter driver ID using keypad
2 Enter vehicle odometer reading
3 Click ‘Login.’
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24 | MDT software Master your transit operations
Driver Ops module
Stakeholders impacted: Administrators, Dispatchers, Operators The Driver Ops module helps to account for the time a driver boards and exits vehicles equipped with automatic passenger counters. Logging this action here adjusts the overall tally to help deliver more precise passenger counts.
The module also includes tracking for wheelchairs in use on the vehicle so that they may be reflected on real-time tracking websites and apps.
It provides capacity updates for when a vehicle is full and passengers are left behind at a stop so that dispatchers can make informed decisions on adding new vehicles to a route or instruct drivers to speed up to handle the overload.
When a vehicle is full of passengers, a driver will trigger the bus capacity feature to change the headsigns to let riders waiting at upcoming stops know that there is no space on the vehicle Figure 10: The Driver Ops module provides manual solutions for vehicle capacity and counting issues.
Driver Ops module
Fine tune driver and passenger count actions
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Set Route/Set Service module
Stakeholders impacted: Dispatchers, Operators, Riders The Set Route and Set Service modules alert the SPOT™ system that a vehicle is ready to be tracked in real-time, and up-to-the-second ETAs deliver to both the transit agency and its passengers. The operator selects the appropriate option from a list of available routes by tapping on the MDT screen.
Figure 11: The Set Route module is available on systems running headways.
Figure 12: The Set Service module is the standard screen for vehicles running fixed route systems.
Set Route/Set Service module
Register the vehicle to a service or route
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26 | MDT software Master your transit operations
Fare Category module
Stakeholders impacted: Dispatchers, Operators, Riders The fare category module provides drivers a simple means of logging passenger type and means of fare uses, including adult, child, senior, and handicap, as well as tracking available capacity for bicycle and wheelchair racks.
Figure 13: Easily log fares and track wheelchair or bicycle storage. ___________________________________________________________________________________________________ The fare categories available in this module are customized by using the Administration>System Configuration>Asset Config tab located in the SPOT™ Administration Console. ___________________________________________________________________________________________________ Fare Category module
Record passenger boardings by classification
Helpful hint!
Easily record fares by tapping (+) to add fares, or
(–) to reduce count.
Fare category counts automatically update in
the Map module and tracking websites/apps .
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Driver Messaging module
Stakeholders impacted: Dispatchers, Operators
Easily communicate with drivers and keep radio frequencies clear with SPOT’s two-way Driver Messaging module. Designed to minimize driver distraction, the MDT connects to the administration Driver Messaging module to provide consistent replies and an audited trail of confirmations.
Figure 14: Simple, one-touch confirmations keep driver attention focused on his/her primary responsibilities.
Figure 15: Drivers choose from a pre-defined list of messages to communicate with dispatch. The list of messages is customized during the deployment period to satisfy specific operating requirements.
Driver Messaging module
Two-way communication between drivers and dispatch
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28 | MDT software Master your transit operations
Electronic Passenger Counting module
Stakeholders impacted: Administrators, Dispatchers, Operators, Riders Scrap the clipboard, eliminate manual tallies, and improve counting processes with the Electronic Passenger Counting (EPC) module. Tracking boardings and alightings with tap-tap simplicity. Counts, times, and locations are automatically logged and transmitted to SPOT™ servers for instant access.
Figure 16: The standard EPC module provides an instant upgrade over manual passenger count procedures. ___________________________________________________________________________________________________ Made an error in counting passengers at a stop? Use the (+) of (–) keys to make final adjustments before hitting the ‘Send’ button.
___________________________________________________________________________________________________ Electronic Passenger Counting (EPC) module
Accurately record rider boardings and alightings
Helpful hint!
Easily record boardings and alightings by tapping
(+) and (–) buttons, or enter in count using the
on-screen keypad.
Passenger counts are recorded and displayed in
real time on tracking websites/apps by using a
color-coded bar .
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System Status module
Stakeholders impacted: Operators, Maintenance
The System Status module provides the first-step solution for identifying onboard connectivity concerns.
This handy utility also includes signal strength information and the current GPS location.
Figure 17: The System Status module provides information that can be useful in identifying connectivity issues.
System Status module
Test your vehicle’s connection to the SPOT™ system
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30 | MDT software Master your transit operations
Diagnostics module
Stakeholders impacted: Operators, Maintenance
An MDT based solution to test connected systems as part of pre-trip inspection and deliver critical information to support and maintenance teams for troubleshooting potential issues.
Figure 18: The Diagnostics module contains six essential tools to test connections to onboard hardware.
Diagnostics module
A suite of tools to identify potential hardware issues
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On-Time Performance module
Stakeholders impacted: Dispatchers, Operators
Drivers receive real-time updates of their progress and timing on their assigned route, allowing for intuitive adjustments to stay on schedule.
On-Time Performance lock screen
Real-time status updates for the driver
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32 | MDT software Master your transit operations
Anti-Bunching module
Stakeholders impacted: Dispatchers, Operators
Maintain ideal vehicle spacing with SPOT’s color-coded Anti-Bunching lock screen, which displays a vehicle’s current position relative to the assets in front and behind.
Figure 19: Vehicle position and spacing display in easy-to-understand color codes. Green represents the optimal spacing between assets on the same route; blue indicates a driver is too far away from the vehicle in front, and red shows the bus/shuttle is too close to the one in front.
Anti-Bunching lock screen
Manage spacing between vehicles
ATTACHMENT 2
Back office systems
[What you will discover]
SPOT™ provides a customizable and robust suite of administration software that provides City of Manteca an unprecedented level of control over all facets of its operations. [What you will love in this section]
Module based design provides Manteca Transit the tools it needs to meet its specific operating requirements
Software as a Service (SaaS) creates a simplified path to upgrades Intuitive user interface offers a level of customization and ease-of-use that makes it easy to find information or controls quickly
Let’s log in and see what you can do!
Administrators are the leading drivers of change within a transit organization.
— 2020 ETA Transit Agency Survey
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34 | Back office systems Master your transit operations SPOT™ administration console
The SPOT™ administration console provides transit dispatchers and administrators with a powerful suite of back-office software modules to intuitively manage and improve operations. The console provides a single point of access to the individual software modules which control the system's various features and capabilities.
The administration console is hosted in the cloud and accessed through any modern Internet browser, such as Google® Chrome™ or Apple® Safari™. This configuration provides numerous benefits to transit agencies, including:
Lower cost of ownership
No expensive servers to maintain or computers to install or upgrade to run the SPOT™ system Anywhere access
Log in on any device with an active Internet connection, such as a laptop, tablet, or smartphone and access your SPOT™ system in real-time, including route management, reporting, tracking, and more
Always current software
Your back-office systems will feature the latest software versions and capabilities; no need to run upgrades or patches
Figure 20: Access the SPOT™ administration console from any Internet-connected device.
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A small step for transit technology, one giant leap for operational awareness.
Out of the box, the SPOT™ platform delivers all the essential tools needed to launch your operations to a whole new level. Included as part of the back-office system are:
Real-time GPS location updates
Fixed-route dispatch
Transit service scheduling
Route management
Reporting
User management
SPOT’s core back-office system includes the following standard software modules:
Driver messaging
Instant replay
Map (AVL)
Reports
Route planner
Route manager
Service messages
Station manager
System configuration
User manager
View schedules
Figure 21: An intuitive interface places all system modules to the left; assets, routes, and chat are located on top; and the bottom of the screen features a tabbed information dock with real-time snapshots of your operational status. This same information is also available on connected smartphones (inset) and tablets.
Simple and elegant live data snapshots of
vehicle status, anti-bunching, system alerts,
and stop performance status.
Access software modules and control your
SPOT™ system with easy-to-use navigation.
Need help? Click the CHAT button for
instant access to ETA technical support.
Access and display specific
vehicles and route information.
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36 | Back office systems Master your transit operations Route Manager module
Stakeholders impacted: Administrators, Dispatchers, Planners The SPOT™ Route Manager (RM) delivers an unprecedented level of control to Manteca Transit’s services.
The RM’s capabilities go far beyond drawing a line on a map. It connects your onboard announcements, creates detours, manages Infotainment playlists and triggers, imports, edits, and exports GTFS and GTFSRT data, and other functions that are associated with services and plans. The whole system places a premium on ease of operation with point-and-click simplicity. Stations, vehicles, media files, and multiple languages are all selectable and coordinated within this intuitive module.
A version-controlled system
The Route Manager is a version-controlled system. It provides system administrators and planners the ability to develop multiple iterations of a plan. It helps create temporary detours and schedules them for a future deployment, and then automatically return to the original plan at the desired date. It manages routes on-the-fly to account for accidents, traffic, emergencies, and other spur-of-the-moment events.
Figure 22: The Route Manager home screen provides a quick launch point for a variety of plan-related tasks.
Route Manager module
Create, control, and edit every aspect of your service
Manage all aspects of your plan
development in this version-controlled
system.
Quickly access plans that
are still in development.
Confirm which plan is
currently deployed.
View which plans are
scheduled to be deployed.
Use a current or previous
plan to create a new service.
Check plan deployment
status to vehicles.
Import, edit, and export
GTFS and GTFS-RT data.
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Notable features and capabilities:
Create new routes from scratch in minutes with drag-and-drop simplicity Create temporary detours
Publish new plans with a click of a button
Import, export, and edit your GTFS and GTFS-R data
View the publish status of existing plans
Create and stage multiple route plans and have them automatically deploy based on a schedule you define—days, weeks, or months in advance
Assign vehicles to routes based on short- or long-term needs Built-in support for multimodal transit agencies who run both buses and trains Create custom geofences and define enter/exit triggers Create onboard announcement using audio files or text-to-speech options Upload and configure audio announcements to play based on a route, stop arrival or departure, and adjoin other announcements
Create custom leg actions and pattern selection
Built-in multi-language announcement support including English, Spanish, French, and more Change destination sign codes
Auto-generate timetables with custom trip start/stop times and frequencies Route and plan creation:
Route creation in SPOT™ is point-and-click simple, and paths automatically snap to roadways based on direction. Easily name patterns, edit shapes, define specific locations (stops) and trigger points (geofences), manage timetables, enter farebox IDs, create blocks, and even program audio announcements.
___________________________________________________________________________________________________ An essential idea that defines the behavior of the Route Manager is to imagine that every component assigned to a route nest within a container, which provides an increased level of granular control. The deeper one progresses within the creation of a plan; the more options are available to fine-tune the behavior of a route.
___________________________________________________________________________________________________ Key concept!
1 Plan level
Contains all routes and schedules
for the agency
2 Route level
Contains locations and
announcements for routes
3 Pattern level
Contains locations and
announcements for each pattern
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38 | Back office systems Master your transit operations Figure 23: SPOT's Route Manager provides an exceptional amount of control, including on-the-fly detour and route announcement creation. Easily manage leg actions, patterns, destination signs, create blocks, and more.
Directional indicators
Start/stop markers
Add locations, edit shapes,
create timetables
Add/define announcements
View available routes
Create blocks
Filter by trip
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Figure 24: Create finely tuned geofences, custom IDs, locations, and announcement triggers.
Audio and language support
Upload and manage audio route announcements on both macro and micro levels, down to individual stops based on direction, date, time, and location. Multi-language is supported.
Figure 25: Easily add new language support for announcements (left) and upload audio MP3 files through the media manager (right) in the appropriate section. Add multilingual text for display on connected LED signs.
Add stops
Define trigger points
Fine tune stop coordinates
Add stop announcements
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40 | Back office systems Master your transit operations Working with GTFS data
Import your existing GTFS data, and your routes automatically create within the Route Manager. Edit your GTFS data by making changes to your routes, announcements, and timetables. Once done, export the information to new GTFS files and connected systems automatically update with the new routes, real-time passenger information, alerts, and updates.
Figure 26: Easily create a new plan based on existing GTFS data. Name the plan, drag GTFS.zip file into the window, click 'Upload GTFS' and let Route Manager do the rest!
Figure 27: Once GTFS information imports, you can edit routes and timetables, and export the changes to a new GTFS file.
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Map (AVL) module
Stakeholders impacted: Dispatchers, Road Supervisors
The Map module delivers real-time operational awareness for transit agencies for both vehicle and stop performance. Dispatchers will benefit significantly from this module as it serves as a front-line utility to:
Track vehicles by run, route, speed, location, and more Monitor on-time performance and real-time passenger loads Dispatch vehicles to routes
View current vehicle spacing
Last communication times, GPS connectivity, and more
Configurable asset updates from as little as one second Display real-time stop performance
The Map module leverages Google® Maps™ and its familiar set of navigation tools, such as pan and zoom to assist the user with a convenient means of tracking specific vehicles or geographic areas.
Figure 28: The Map module is the go-to resource for real-time status on any route or asset.
Map (AVL) module
Real-time operational awareness
Search, filter and activate
assets and routes to display
current information on the
map.
Click on any vehicle to view information such
as passenger load, current speed, next stop,
and performance to schedule
Tabbed performance dock.
Click on any station to view detailed information
about every stop on a route, including routes
served, amenities, schedule, and more.
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42 | Back office systems Master your transit operations Contextual menus
Right-click on any asset icon to quickly assign the vehicle to a new route, view assigned schedule, set to not in service, set to no route, center the map on the asset, or identify the address of the onboard modem (device info).
Color-coded assets
Assets move smoothly along assigned routes in real-time. Each asset displays as a color-coded icon indicating its performance to schedule (red=late, blue=early, green=on-time). Additional symbolic information is provided for off route, not-in-service, not tracking, and no GPS issues. ___________________________________________________________________________________________________ The icon of any asset contains a wealth of information about the status of the vehicle. ___________________________________________________________________________________________________ Helpful tip!
Outer color: Assigned route
Inner color: Schedule performance
Inner icon: Asset status
Vehicle in service Not tracking No GPS
Not in service Off route Upper level
Right-click (or long-tap on
mobile devices) to adjust
vehicle service status and
routes.
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Tabbed performance dock
At the bottom of the Map module, useful information about the operation displays via a tabbed dock. This dock contains an asset grid, anti-bunching, system alerts, and stop performance views. Each delivers at-aglance operational information useful for identifying situational concerns. Depending upon Manteca Transit and operational configuration necessities, the dock may provide:
Asset Grid: A real-time view of all specified vehicles, on-time performance, passenger counts, speed, last interaction with SPOT™ servers, and last/next stop arrival predictions.
Figure 29: Asset Grid tab.
Headway Performance Tab: Ideal for agencies running headways, the Headway Performance tab monitors stations and logs the time since the last vehicle visit and calculates the next arriving asset.
Figure 30: Headway Performance tab.
Anti-Bunching Tab: View the proximity of multiple assets on any route with the vehicles in front and behind to help make spot judgments to ensure optimal spacing and timing between stops. The AntiBunching tab displays relative position to assets and stations and utilizes color-coded on-time performance markers.
Figure 31: Anti-Bunching tab.
ATTACHMENT 2
44 | Back office systems Master your transit operations Reports module
Stakeholders impacted: Administrators, Dispatchers, Planners, Supervisors, Executives Data collection is the beating heart of any intelligent transit system, and SPOT™ provides a robust set of reporting tools to help access this critical information. With over 100+ canned report queries, this module provides you the critical insights into the performance of your transit agency and dramatically simplifies your NTD reporting process.
Figure 32: Search for queries by name or scroll through a list of all available reports. Select an area for analysis, click ‘run,’ and your requested data arrives within seconds.
The Reports module features must-have analysis* of:
Passenger counts
Ridership by type, route
Unlinked passenger trips
Fare counts by station or vehicle
Hours/mileage by vehicle
Vehicle engine summary time
On-time performance
Speed infraction by ID
NTD reports
* - See a full list of available reports in Appendix A: Report listing Reports module
Over 100 queries to analyze operational performance
Available visualizations
Choose from 100+ canned
reports—we are always adding
new queries.
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Essential features of the Reports module include:
Data export to CSV
Filtering
Printing of selected information
Lifetime access to all data from day one
Tabbed reporting
With SPOT’s tabbed reporting feature, viewing multiple reports in a single window streamlines your data review process. Easily switch between tabs to compare results, or re-run queries in the same space. The report module window makes it easy to output results to a printer or spreadsheet (via CSV format) for further analysis.
Figure 33: Sample graphical report.
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46 | Back office systems Master your transit operations Figure 34: Sample map-based breadcrumb (top) and graphical charts (bottom) reports.
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Weekly Google Analytics reports
Each week, ETA sends GTA a Google® Analytics™ report that tracks the use of the public site to provide insights into how riders are utilizing your system. This report includes:
Total site visitors
Desktop/tablet/mobile utilization
Favorite stops
Favorite vehicles
Visitor location
and more…
Figure 35: The weekly analytic report delivers high-level insights into how riders use Manteca Transit's services.
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48 | Back office systems Master your transit operations Stakeholders impacted: Dispatchers, Planners
The Schedules module is primarily used for fixed-route operations to examine individual bus schedules (by route, weekday, etc.). The module provides a quick and easy reference to your timetable information.
Synchronized with your GTFS data, this module is always up to date and can be filtered for quick reference, printed, and exported.
The View Schedules module provides:
Drop-down schedule selection and one-click filtering
Easy printing of selected information
PDF download of schedule information
Figure 36: Use the View Schedule module to reference, print, and download route timings.
The information contained in this module can be used to serve multiple purposes, such as providing up-todate schedules on agency websites, connected passenger information systems, and onboard display signage.
Schedules module
Reference schedules quickly with the latest route information ATTACHMENT 2
[email protected] | 49
Figure 37: GTFS information is imported into the Route Manager for editing/management. This updated information is then passed to assets and the Schedules module for use in agency websites and connected display systems. ___________________________________________________________________________________________________ Click on any row and select ‘hide’ to remove the schedule number from view. ___________________________________________________________________________________________________ Helpful tip!
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50 | Back office systems Master your transit operations Driver Messaging module
Stakeholders impacted: Dispatchers, Operators
The SPOT™ Driver Messaging module establishes a safe, non-intrusive link between dispatch and operators via the vehicle’s mobile data terminal (MDT).
Key features found in the Driver Messaging module, include:
Confirmation and acknowledgment driver response options Canned driver messages to dispatch
Support for auditing and receipt of delivered messages Individual vehicle or group messaging capabilities
Define message priority
Message auditing, including times of receipt and response and vehicle location Figure 38: Dispatcher view of the message queue in the administration console (top), and the new message creation dialog (inset).
Driver Messaging module
Communicate safely with operators
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Dispatch messaging to drivers
A dispatcher will communicate to driver through the Messaging module, a can craft specific messages relative to the need. These text-based communications have two types of reply: acknowledgement or YES/NO. A yellow envelope icon is displayed in the upper right corner of the MDT alerting the driver to view the message at the next available opportunity,
For safety purposes, a driver cannot respond to a question with text response nor while the vehicle is in motion. Incoming messages are color-coded based on priority (red=high, gold=medium, green=normal).
Once a message has been read and acknowledged, its color in the queue changes to gray.
Figure 39: The driver MDT view of the current message queue (left), with a YES/NO response (right).
Driver messaging to dispatch via MDT
The ability to communicate to dispatch is a crucial tool to allow rapid response to non-emergency situations, and the SPOT™ MDT Driver Messaging module provides a quick, efficient solution that keeps drivers focused and dispatchers aware of pending concerns.
The solution comes in the form of canned, agency-defined messages that can be queued up and transmitted with just a couple taps of the mobile data terminal. This list of ‘canned’ messages can be configured at any time to ensure that common situational responses are covered.
The result is an effective means of two-way communication that reduces background radio chatter and keeps driver eyes on the road.
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52 | Back office systems Master your transit operations
Figure 40: Transit agencies may choose from a list of canned messages for a driver to send to dispatch—or create a custom set to meet specific operational needs (left). All incoming and outgoing messages log in the MDT (right). Operators are notified of pending messages by a yellow envelope icon in the upper right corner of the display. ___________________________________________________________________________________________________ Quickly locate messages in the Driver Messaging console by sorting based on priority, date/time sent, type of response, sender, and more!
___________________________________________________________________________________________________ Helpful tip!
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Instant Replay module
Stakeholders impacted: Administrators, Dispatchers, Operators The SPOT™ Instant Replay module provides a data-driven recreation of recorded vehicle information, allowing transit agencies to review the entirety of their operation for both performance and incident evaluation. With this module, agencies can:
Back up, speed up, slow down the replay speed
View history by route or vehicle
Identify instances of speeding, excessive idling, missed stops, passenger counts, and more Choose a specific date or time, or select multiple days and time ranges The module provides an easy-to-use timeline-based interface that should be readily familiar to anyone who has used an online streaming media or DVD player. Users specify the date and time range and then use the controls to play/pause and fast forward.
Figure 41: Use the timeline bar to navigate transportation data to identify potential system improvements, asset performance, investigate incidents, and more.
Instant Replay module
Rewind and visualize asset performance
ATTACHMENT 2
54 | Back office systems Master your transit operations Route Planner module
Stakeholders impacted: Dispatchers, Operators
The SPOT™ Route Planner module is a handy tool to perform vehicle assignments and create custom run cuts by adding additional trip legs. By using existing route data, the system automatically attaches a vehicle to the work assignment at the appropriate time and location.
Use the Route Planner to:
Import vehicle service assignments from existing third-party systems Assign vehicles to routes and drivers to vehicles
Save plans by day, or standardize long-term assignments Figure 42: Assign vehicles to drivers and routes with point-and-click simplicity. ___________________________________________________________________________________________________ Service assignments take effect when a vehicle makes a complete stop at a known stop on an assigned route.
___________________________________________________________________________________________________ Route Planner module
Assign drivers and vehicles to routes
Key concept!
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Service Messages module
Stakeholders impacted: Dispatchers, Operators, Riders An informed ridership is a critical component in maintaining a passionate and dedicated customer base, and ETA’s Service Message module seamlessly communicates alerts and notifications to all connected websites, signs, stations, and mobile apps in real-time.
Featuring an intuitive interface, administrators and dispatchers will have no difficulty in scheduling system messages for future deployment or whipping out a spur-of-the-moment service alert. The module provides a simple means of managing existing messages, assigning priority, and defining a lifespan for your rider communications.
Figure 43: Quickly initiate new messages or manage existing notifications. Notifications deploy automatically to all connected systems such as public-facing websites, mobile apps, and station signage.
Service Messages module
Communicate with riders in real-time
All service is stopped due to an emergency …
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56 | Back office systems Master your transit operations Station Manager module
Stakeholders impacted: Dispatchers, Operators, Riders A feature unique to the SPOT™ intelligent transit system is the inclusion of a Station Manager module. This system provides valuable rider information feature to rider-facing tracking websites and mobile apps that extend beyond merely listing routes and upcoming arrivals.
The SPOT™ Station Manager module ups the ante by serving up additional information and features that your passengers can find useful, including:
Communicates station amenities such as lighting, shelter type, accessibility options, and more Includes photos of the station for visual reference/confirmation Provides directions to the station
Create stop-specific rider alerts
Display local attractions like banking, restaurants, shopping, entertainment, and more Providing station details improves rider confidence about their travel itinerary by including helpful information and descriptions about the stop, routes served, and photographic references.
Figure 44: Configure each station with specific details, directions, amenities, and photos.
The information shows up on tracking websites and mobile apps (left).
Station Manager module
Define stop amenities and information
ATTACHMENT 2
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System Configuration module
Stakeholders impacted: Administrators, Dispatchers, Operators The SPOT™ ITS provides Manteca Transitwith tools to fine-tune the appearance and behavior of both your back-office system and the public-facing bus tracking website. The System Configuration module consists of four separate tabs, each responsible for controlling its own specific set of features:
Public site
SPOT™ console
Asset config
Route group
Public Site tab:
This set of controls govern the appearance of the vehicle tracking website that riders see when they visit, your agency’s site or mobile app. Among the many settings available on this tab include:
Govern on-screen motion of vehicle assets
Specify terminology for routes and assets
Decide whether to include area points-of-interest (attractions) on map Choose which menu options appear in the navigation menu Opt to show optional features, such as trip planner, mobile app download, rider feedback, etc. Upload links to surveys, events, advertising, and more Brand the site to your agency’s corporate color scheme Craft message for vehicle and station LCDs
Customize scroll speed
Choose default routes to display
___________________________________________________________________________________________________ For many riders, the Public Site is the primary destination for their travel-related questions and information. Use the opportunity to brand the site with your logo and colors. Leverage optional features such as ‘Sponsored Links’ to provide additional resources or engaging content. ___________________________________________________________________________________________________ System Configuration module
Fine tune the functionality your SPOT™ system
Helpful hint!
ATTACHMENT 2
58 | Back office systems Master your transit operations Figure 45: The Public Site tab provides a tremendous amount of customization options to dial in the features and capabilities that best suit passenger engagement goals.
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SPOT™ Console tab:
This tab provides the ability to fine-tune the behavior of SPOT™ to satisfy the operating preferences of Manteca Transit’s service. Among the settings that can be adjusted are:
Specify vehicle timing; define early, late, and very late classification in minutes Specify colors for vehicle schedule performance, including on-time, early, late, and very late Define schedule ranges, including early a.m., peak a.m., midday a.m., peak p.m., and late p.m.
Figure 46: Many settings in the SPOT™ console tab have an impact to both back-office and public-facing systems.
ATTACHMENT 2
60 | Back office systems Master your transit operations Asset Config tab:
Define the performance of your fleet by configuring the behaviors of onboard hardware and software. Define behaviors for a vehicle
Enable night mode for MDTs
Define fare categories displayed on the MDT
Define page duration of onboard Flight Information Display Systems (FIDS) if applicable Figure 47: Add, edit, and remove categories for the MDT Fare Collection module. Items added here automatically update on the mobile data terminal to significantly simplify collection of new fare types and special designations.
Route Group tab:
You can define route group by combining multiple routes into a group. This feature displays specific reports and features in a single view rather than per route. For example, should City of Manteca have a morning route and afternoon route and wishes to obtain the performance per stop, the solution would be to create a route group that contains both routes.
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Figure 48: Combine multiple individual routes into new groups to create new views for reporting purposes.
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62 | Back office systems Master your transit operations User Manager module
Stakeholders impacted: Administrators, Dispatchers, Operators SPOT™ provides an unlimited number of user accounts and a straightforward means of managing the access granted to Manteca Transit employees. The User Manager module provides:
Simplified user management, including adding and disabling of accounts Import user from spreadsheet with provided downloadable template Assign of usernames
Determine if a user is active within the system
Define multiple user roles within the system at one time Update/change passwords
Grant access to the SPOT™ administration console
___________________________________________________________________________________________________ The User Manager supports the import of spreadsheet files in a CSV format. ___________________________________________________________________________________________________ User Manager module
Define who can access and control your SPOT™ system
Helpful hint!
ATTACHMENT 2
Required technology packages
[What you will discover]
In addition to the powerful SPOT™ platform we have added these extra technology components to deliver the full potential of your new transit solution.
[What you will love in this section]
Automatic voice announcements (AVA) package
Automatic passenger counting (APC) package
GTFS-RT package
Let’s see what you are getting!
Automatic vehicle announcements rank as the most desired upgrade to on-vehicle technology.
— 2018 ETA Transit Agency Survey
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64 | Required technology packages Master your transit operations Automatic Passenger Counting package (Hella®)
ETA’s Automatic Passenger Counting (APC) package delivers a future where reliable real-time data enhances route evaluations, communicates vehicle loads, simplifies operator responsibilities. It influences ridership forecasting, improves your on-time performance, and streamlines local, federal, and NTD reporting.
ETA recommends Hella® APCs
ETA Transit was the first U.S. firm to install Hella™ APC sensors in 2012 as part of a 40-bus deployment in Miami, FL. Hella® APCs are compatible with all leading CAD/AVL providers. The automatic passenger counter is a single enclosure, stereoscopic passenger counting device that provides real-time passenger counts tied to specific routes and stops. Our Hella® APC solution simplifies driver responsibilities allowing for a high degree of confidence in collecting rider boarding and alighting data.
The People Counter APC-ECO defines a new level of precision in electronic people sensing, with a counting accuracy of close to 100% – even under challenging conditions. The counter’s outstanding quality is anchored in Hella’s unique expertise in image processing and 3D-camera technology.
The People Counter APC-ECO detects without fail the number of passengers entering and exiting a public transit vehicle and the number of persons currently present within a defined area. The device is primarily designed for buses and trams but may be used in a wide range of applications.
Hella APCs:
Counts passengers without human intervention
Generates real-time and historical reports
Is capable of real-time video streaming
Contains integrated diagnostic reports
It is optimized for energy efficiency
Tracks boarding and alightings based on the direction Utilizes infrared to distinguish passengers from carry-on items such as strollers, umbrellas, etc.
Figure 49: The Hella™ APC-R-RS485
automatic passenger counter.
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Figure 50: Hella™ APCs track rider motion to capture and record boardings and alightings by utilizing both videos (left) and infrared (right) technology to account for multi-rider identification.
Performance in the most demanding conditions
Boasting an accuracy up to 98-percent, ETA trusts the Hella® APCs above all others due to their sterling performance record in rugged transit environments. To date, an ETA-installed Hella® system has never experienced a hardware failure when utilized as intended—even in the most challenging of high-demand transit operations, including:
Boston Red and Orange Line, NJ; 2,000 counters
Santa Barbara, CA; 500 counters
Riverside, CA; 500 counters
APC functional requirements
The proposed APC uses the most current hardware and software to provide Manteca Transit with a turnkey APC system that meets the performance requirements as an integrated system. It includes all supporting documentation, training, and technical support.
Design requirements
The proposed system utilizes commercially available off-the-shelf (COTS) hardware. The system is architected to allow ease of upgrades, expandability, and maintainability. The APC sensors conform to those used by most of the leading CAD/AVL firms and, with support for Ethernet, J1708, and standardsbased interfaces, can be integrated with any CAD/AVL system. The APC system collects accurate boardings and alightings for both revenue and non-revenue trips that span 24-hour periods with ease. See full technical specifications on Error! Bookmark not defined..
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66 | Required technology packages Master your transit operations Integration with other APC manufacturers
The versatility of the SPOT™ platform opens the door to integration with Dilax®, Infodev®, Iris®, and other major APC manufacturers. A confirmation of existing hardware make/model capabilities and verification that things are in good working order should be the only things that could stand in the way of repurposing existing equipment.
APC functional requirements
The proposed APC uses the most current hardware and software to provide Manteca Transit with a turnkey APC System that meets the performance requirements as an integrated system. It includes all supporting documentation, training, and technical support.
Passenger count reporting
The SPOT™ ITS includes multiple pre-programmed reports queries to help Manteca Transit get the most out of its APC investment. The passenger count reports feature numerous tabular and graphical options to help reveal ridership patterns, including tallies by route, stop, vehicle, and more.
Figure 51: SPOT's reporting capabilities provide numerous ways to visualize your APC data in graphical and tabular formats.
NTD reporting and certification
One common misconception is that the Federal Transit Administration (FTA) is in the business of certifying automatic passenger counting hardware. It does not. No APC hardware system has an official seal of approval. Instead, there is a certification process required by the FTA to ensure that the installed systems meet accuracy standards for passenger count reporting for the National Transit Database (NTD).
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The FTA process for NTD certification requires:
APC bookmarking plan for the first year
APC maintenance plan for every three years
What defines a benchmarking plan?
Benchmarking requires validation for unlinked passenger trips (UPT), and passenger miles traveled (PMT) data against a manual sample to prove the accuracy of the APC system. The process for reconciling this data includes:
For agencies with fewer than 30 vehicles, the sample size must include at least 15 trips on APCequipped vehicles. For agencies with 30 or more vehicles, the criteria change to the larger of 15 trips or half the number of APC-equipped vehicles (up to 50 trips).
In both instances, the trips do not need to be randomly selected and may spread over a year. We recommend that these samples include times of heavy ridership, and the inclusion of at least one trip per vehicle type and APC model.
A description of the agency’s APC systems and sampling procedures is also required. Should a trip be excluded or rejected from a provided sample, an explanation as the rejection must be included with the manual data.
Also, to be included is documentation that accounts for the percentage of trips made that do not have valid APC data due to equipment malfunction, data corruption, failed verification checks, or any other reason.
For manual counts that use data collection staff or onboard cameras, the FTA strongly recommends a data collector at each door during heavily loaded trips. It is appropriate to process APC data to correct for anomalies, just as it is appropriate to correct for reporter data during the collection process. The goal is to compare manual and automatic counts to demonstrate equivalency or that any differences are justifiable.
Use the electronic passenger counter on the MDT
To satisfy help benchmark your passenger counts, use our MDT-based electronic passenger counting module included with the SPOT™ platform. As passengers board and exit the vehicle, have the driver or observer log these events on the mobile data terminal. Compare the MDT and APC counts to verify accuracy and set benchmarks.
PMT calculations should utilize the same set of distances for all calculations. Should any differences exist (i.e., interstop), a description must be supplied with the data.
Acceptable deviations in data are less than five percent for:
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68 | Required technology packages Master your transit operations Difference between manual vs. APC UPT counts
Difference between manual vs. APC PMT counts
If a transit agency uses APCs for both directly operated and purchased transportation services, a requirement for separate samples of each type of service exists.
ETA will provide tools and resources to assist Manteca Transit for the calibration of equipment and counts for NTD reporting, with onsite assistance quoted as a separate option.
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Automatic Voice Announcements (AVA) package
Onboard announcements made easy
Engage riders with SPOT’s powerful integrated onboard audio and optional video systems. Featuring an easy-to-use interface, transit dispatchers and managers can quickly generate custom and manage canned announcements that reliably communicate critical stop and service messages to riders. Ambient, noise-sensing speakers
Customized automatic triggers by GPS location or defined events, such as door opens and vehicle stops
Driver-initiated ad-hoc announcements through mobile data terminals Custom geographic dialects and multilingual audio recordings Option to integrate with full color, video-capable LCDs Announcement triggers
Onboard announcements can be configured to play on multiple triggers, including leg start, leg identify, and leg change.
Announcement concatenation
Figure 52: The automatic assembly of various audio files results in a complete announcement of "Welcome to Metro City Transit. You are on the gold route. You have arrived at 34th Street and Elm Avenue. Please don’t forget to take your belongings.”
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70 | Required technology packages Master your transit operations Text-to-speech
For customers who prefer to implement a text-to-speech or speech-to-text systems (or augment professional audio recordings), ETA can provide a solution to deliver quality synthesis of written or spoken messages to simulated audio messages.
Figure 53: Text-to-speech.
Professionally recorded audio
ETA recommends the use of recorded audio for onboard announcements. The authenticity found in professionally recorded audio provides an improved auditory experience with greater clarity than text-tospeech systems simply cannot match. Factor in multiple languages and dialect support and a national talent pool of voice artists, and recorded audio delivers audio that can capture the authenticity of life in your service area—a simple, and often overlooked way to enhance the value of your agency’s brand.
During our initial system setup, we will help City of Manteca define the needs for all system announcements and develop the various pre-announcement, preamble, station, and post-announcement recordings. Our process provides ample time to identify all the components to custom audio recording, including factors such as gender, dialect, language, and refine pronunciations of region-specific names and destinations. Manteca Transit will have enough time to review recordings, identify any potential enunciation issues, and refine the final product before deployment, resulting in a hyper-localized experience from day one.
Common objections to recorded audio:
1. We need to create and deploy audio announcements in real-time.
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announcement are often very temporary are better handled through traveler information websites and display systems. Onboard announcements are built and deployed for automated purposes, not a spur of the moment issue.
2. Recorded audio is more expensive to produce.
ETA provides recording services at no additional charge for the life of the contract.
3. Recording audio takes too long.
In most instances, ETA can turn a custom audio recording in one business day.
Learn more about the benefits of pre-recorded audio: etatransit.com/pre-recorded-audio.
Independent display support
Configure messages to automatically play the appropriate message (text, image, or rich media) based on the specific hardware installed at stations or on vehicles. This feature ensures an optimal presentation of information to riders without upgrading all systems to the same equipment.
Figure 54: SPOT's AVA system determines which media to deploy based on the type of announcement systems present at an individual station or vehicle.
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72 | Required technology packages Master your transit operations GTFS real-time (GTFS-RT) package
Clarify the passenger journey
You’ve made the investment in an intelligent transit system, now share your system data and arrival predictions with the world by converting your data into the GTFS-RT (real-time) format. A universal standard, the format allows you to share data with a wide range of providers, deliver more accurate arrival predictions, improve communications with riders, and easily integrate with numerous hardware and software platforms.
Why adopt the GTFS-RT standard?
Tips the balance of power to transit operators (more choices) Universal data format
Simplifies data sharing with connected systems like stop signage, onboard infotainment displays, apps, and more
Removes the need to write custom translators for proprietary APIs Provides up-to-date information with Google® trip planning and map services Streamlines integration with 3rd party systems
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Implementation strategy
[What you will discover]
ETA has a lengthy track record for delivering on-time and on-budget deployments of its SPOT™ solutions.
Our proven approach to deployment helps to significantly mitigate surprises for a smooth transition that accounts for pre-launch, system construction, and training. [What you will love in this section]
ETA’s incremental and iterative process approach deployments in a deliberate, proactive manner that identifies concerns before they happen
Built-in cost controls avoid unexpected charges and ‘nickel and diming’ for small changes and updates to the project plan
Role-based training and complete documentation simplify and enhance the transition process and new system adoption
Let’s look at the gameplan!
Improving the rider experience (46%) rates as the primary motivation for system upgrades and improvements.
— 2018 ETA Transit Agency Survey
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74 | Implementation strategy An iterative process
An iterative process
A rigorous methodology for consistent results
Since its founding in 2003, ETA has never failed to deliver on a deployment timeline. With over 100 implementations on our resume, that is an exemplary track record of performance. Besides having a group of dedicated employees, and strategic partnerships with installation vendors, the key to our success is our rigorous, seven-part approach to project management.
To ensure the timely completion of your SPOT™ ITS system, ETA will provide a detailed project management plan that will document the responsibilities and schedule for each stage of the project.
A seven-part project deployment strategy:
Figure 55: The benefit of our approach is twofold: Clearly defined steps to thoughtfully introduce the SPOT™ technology to your operations. The iterative process helps reveal more truths about your environment to make continuous improvements along the way.
Project role definitions
The key to any deployment's success is to understand the nature of the project and assign the appropriate staff members necessary to achieve a timely and successful launch. These individuals should possess the requisite understanding of key concepts and priorities and actively contribute time, insight, and wisdom to the specific operational goals. The definitions of the essential roles in this project are listed in the table below.
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ETA Transit
Role Description
Administrator A C-level position capable of making contractual agreements for the company.
Customer experience advocate Works hand-in-hand with the client to enhance the ownership experience.
Customer service representative Makes the necessary connection between customer and support Design engineer Develops system design and related documentation Installation manager Supervises installation crews and coordinates resources with customer Installer Installs and configures vehicle and station hardware Marketing Assists in the promotion and communication effort for new system launches Project manager Guides the overall project, allocates resources, and coordinates with customer Sales representative Point of contact for sales, upgrades, and project-related concerns Technical support Works to address customer concerns and resolve performance issues City of Manteca
Role Description
Administrator Primary point of contact; power to make contractual and financial decisions Dispatcher Communicates with the driver; facilitates day-to-day operational tasks Maintenance Ensures that vehicles and connected systems are in proper working order Marketing Promotes transit agency to the service area
Operator Drives vehicles
Planner Creates and manages routes and service for the transit agency Project status meetings
ETA delivers written status reports upon the completion of key milestones or at agreed-upon intervals.
These communications are detailed explanations in a change of scope, challenges encountered in postimplementation, timeline updates, budgetary concerns, and related information, which may impact the delivery of the system.
Project timeline
Upon notice to proceed (NTP), ETA will generate a comprehensive Gantt chart that details each stage of the Manteca Transit project. This timeline will follow the framework of our six-step project management process.
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76 | Implementation strategy An iterative process
Phase #1: Initiation
Entrance criteria: Signed contract with notice to proceed ETA roles: Administrator, customer experience advocate, project manager, sales representative Client roles: Administrator, dispatcher, maintenance, marketing, operator, planner Among the important items to be completed before proceeding to the next phase include:
Welcome kit
Customer data register
Bill of materials (BOM)
Order parts
Schedule site visit
Wireless study (as needed)
Pre-installation vehicle survey
Operations analysis meeting
Milestone: Project kick-off meeting with the customer Phase #2: Planning & design
Entrance criteria: Project kick-off meeting
ETA roles: Project manager, Design engineer, sales representative Client roles: Administrator, Maintenance manager, Planner Among the important items to be completed before proceeding to the next phase include:
Create SPOT portals
Conduct initial SPOT console training
Verify route/GTFS data with customer (first pass)
Update BOM
Develop block diagram
Develop Installation guide (pre-installation section) Update BOM and purchase orders (as needed)
Update official project schedule
Milestone: Design review meeting with the customer
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Phase #3: Configuration and construction
Entrance criteria: Design review meeting
ETA roles: Project manager, customer experience advocate Client roles: Administrator, planner
Among the important items to be completed before proceeding to the next phase include:
Configure SPOT™ console settings
Configure SPOT™ public tracking website app
Configure optional system components (e.g., APC, AVA, AVM, etc.) Milestone: Configured Spot System
Phase #4: Delivery & installation
Entrance criteria: Gap analysis and inspection test reports completed ETA roles: Project manager, customer experience advocate Client roles: Administrator, maintenance, dispatcher, operator, planner Among the important items to be completed before proceeding to the next phase include:
Customer witnessed static test
Customer witnessed dynamic test
Deliver maintenance manual
Deliver SPOT™ console user manual
Deliver operator (driver) user manual
Milestone: Customer review of documentation
SPOT™ console user training
SPOT™ operation (driver) training
SPOT™ maintenance training
Milestone: Testing and training complete
Phase #5: Verification and hand-off
Entrance criteria: Documentation, installation, testing, and training completed ETA roles: Project manager, customer experience advocate, sales representative Client roles: Administrator, operator, planner
Among the important items to be completed before proceeding to the next phase include:
Customer First Usage – Discover what you know
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78 | Implementation strategy An iterative process
Phase #6: Marketing and launch
Entrance criteria: Burn-in period complete and system hand-off to client ETA roles: Project manager, marketing
Client roles: Administrator, marketing
Among the important items to be completed before proceeding to the next phase include:
A teleconference between client and ETA marketing teams Develop a launch plan and schedule
Create and deliver marketing materials to client
Milestone: Launch to public
Milestone: Final hand-off to client
Phase #7: Observation and fine tuning
Entrance criteria: Review system performance from launch and provide necessary guidance and support to ensure proper use of systems, accuracy of data, training, and other performance concerns.
ETA roles: Project manager, support
Client roles: Administrator, dispatch, planner
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Preliminary work plan and schedule
As a preliminary step in the deployment of the SPOTPro™ system, ETA has developed a high-level project plan based on an anticipated notice to proceed of November 7, 2022 and deliver a core system (excluding options) inside of 12 weeks. Within five days of NTP, ETA will spin up Manteca Transit’s administration portal. This early access to a critical SPOT™ system allows our team to work with your transit planners to dial in GTFS data and build familiarity with the system.
Weeks
Phase 1 2 3 4 5 6 7 8 9 10 11 12
Initiation
Planning
Construction
Delivery
Verification
Marketing
Observation
Table 2: In most cases, a complete SPOTPro™ system can be deployed in as little as 12 weeks.
Supply chain conditions
Any timelines and deployments schedules are to be considered conditional based on availability of hardware and selected components. There is currently a global supply shortage of CPUs which has the unfortunate effect of stretching deployment schedules for months—especially those projects that involve our vehicle logic unit (VLU). This shortage is affecting industries worldwide—not just ETA Transit and other transit technology vendors. ETA will make its best effort to secure necessary components to deliver ontime deployment, however the supply chain concerns are beyond our direct control and in the spirit of full disclosure Manteca Transit should remain flexible to changes in schedule as a result of the scarcity of these components.
Witness testing
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80 | Implementation strategy An iterative process
configuration throughout the process. You can be assured that ETA will test the Manteca Transit’s solution multiple times before deployment.
We encourage Manteca Transit to witness our testing of its system components either on-site during deployment, or pre-deployment at our Boca Raton, FL factory. Transparency is critical, and you will have every opportunity to ensure that its new SPOT™ system performs to its stated specifications.
We will provide Manteca Transit with access to ETA’s customer support portal so that it may create and track issues every step of the way.
Documentation
All aspects related to your SPOT™ ITS will be thoroughly documented, including core components and system software, as well as additional features and components. The documentation will be developed for users of a wide range of technical competencies, and include considerations for vehicle operators, dispatchers, network support staff, area managers, administrators, and maintenance technicians. The information provided will range from technical schematics, and part lists to step-by-step instructions on the use and maintenance of systems and equipment.
Unless specifically requested, ETA will provide all system documentation in a digital PDF format via online download or USB flash drive.
___________________________________________________________________________________________________ Communication is an essential component of any successful project deployment, and ETA’s project management team has built-in the necessary checkpoints and feedback processes to ensure that Manteca Transit has every opportunity to voice concerns or provide input. ___________________________________________________________________________________________________ Key concept!
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Project team
We have assembled our best and brightest personnel to shepherd Manteca Transit’s SPOT™ deployment.
Project management
Josh Adler
Studied Project Management at Florida Atlantic University Experienced business analyst
Prior work with Motorola®, The Answer Group®, and Duty-Free America Lead systems architect
Stephen Gunning
Over 15 years of experience providing transit technology Serves as the company’s vice president of systems and support; giving leadership to the QA and customer support groups
Has successfully deployed over 50 transit technology projects Expert in software development, automation, and quality assurance Ensures that the company meets the stated SLA for response times and system availability
Lead project engineer
James Warren
Over 20 years of experience delivering complex transit technology solutions
Provides project engineering leadership and technical support to the project
Analyzes system requirements and ensures that project design meets specifications
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82 | Implementation strategy Project team
Customer experience advocate
Taylor Tanksey
Serves as primary contact for technical issues
Proactively monitors system to identify potential problems Advocates for City of Manteca on support-related concerns Sales contact
Jose Mostajo
Business Development Representative
Phone: (561) 288-1930
Email: [email protected]
Your point of contact for sales-related matters
Works with City of Manteca to define a technical road map including future expansion technology
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Training
Focused, role-based instruction
ETA Transit defines a successful training experience as one where the participants receive enough instruction to perform their duties within the SPOT™ ITS system effectively. It ought to be a polished, repeatable approach that provides a blueprint for any trainer—either those experienced with SPOT™ or those new to the role—to effectively conduct a session and achieve the intended result.
The timing and location of the training will be negotiated as part of the contracting phase and may involve either on-site or online instruction.
Role-based curriculum
ETA has modeled the education in the SPOT™ system like that of a school curriculum and segmented by job role or title. This targeted approach is designed to keep your staff attentive and focused on learning the skills and functions critical to the daily execution of their responsibilities. The training is broken out into the following sessions:
Planner
Operator (driver)
Dispatcher
Administrator
Maintenance
Reference Project role definitions for more information.
Administrator training overview
The administrator training session provides in-depth instruction on the use of the Reports module, so that leadership can accurately manage and obtain the information needed to make informed operational decisions.
On-time Performance module training
The daily schedule performance
Understanding How to Validate Data
Working equipment
Valid schedules
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84 | Implementation strategy Training
Proper sign-in (system activity)
Proper route execution
Breadcrumbs
Serviced stops and stop times
Post-processing requests
Schedule adherence reports
Headway reports
Driver performance
Automatic passenger counter reports
APC ridership
APC accuracy report
Fare count reports
Route data exports
Dispatcher training overview
The planner training session provides in-depth instruction on the use of the Map Manager, Driver Messaging, and View Schedules module, as well as supporting system features that directly support the day-to-day operations between dispatch and drivers.
What is an ITS system?
What are the basic components of an ITS system?
An introduction to the SPOT™ ITS
General navigation
Overview of system modules
System configuration
Map Module training
Asset view
Route view
Vehicle information
Stop information
Assigning vehicles/drivers
Alerts
Off route
No GPS
In service/not in service
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Not tracking
Asset grid
View schedule module training
Instant Replay module training
Reports training
Vehicle history (Breadcrumb)
Vehicle set route/service
OTP
Arrival/departure
Passenger counting
Driver Messaging module training
Putting it all together: The daily schedule performance Understanding how to validate data
Working equipment
Valid schedules
Proper sign-in (system activity)
Proper route execution
Breadcrumbs
Serviced stops and stop times
Post-processing requests
A day in the life of a dispatcher
Driver training overview
The driver training session provides in-depth instruction on the use of the mobile data terminal and information essential to the effective operation of vehicle-based systems. What is an ITS system?
What are the basic components of an ITS system?
Mobile data terminal (MDT) overview
Power
Connections
Mounting
MDT utilization
Logging In
Set route/service module training
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86 | Implementation strategy Training
Fare Category module training (if equipped)
Driver Messaging module training
Driver Ops module training
Electronic passenger counting training
Announcements module training
Digital manifest training (if equipped with demand-response) Anti-Bunching lock screen training (if equipped)
On-time performance lock screen training (if equipped) System Status module training
Load reset training
Public website and app overview
Maintenance training overview
The maintenance training session provides in-depth instruction on the use of the various on-vehicle hardware components, including the MDT, vehicle logic unit, automatic passenger counters, audio systems, and other information essential to the effective troubleshooting and support of vehicle-based systems.
What is an ITS system?
What are the basic components of an ITS system?
Mobile data terminal (MDT) overview
Power
Connections
Mounting
Onboard announcements overview
Troubleshooting
Automatic passenger counter overview
Sensors and calibration
Troubleshooting
Interior signage overview
Troubleshooting
Head sign integration overview
Troubleshooting
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Planner training overview
The planner training session provides in-depth instruction on the use of the Route Manager module, as well as supporting system features that directly support the creation of new services, detours, announcements, blocks, and GTFS management.
What is an ITS system?
What are the basic components of an ITS system?
An introduction to the SPOT™ ITS
General navigation
Overview of system modules
System configuration
Route Manager module training
Import/export GTFS
Creating and editing routes and patterns
Creating and editing stops
Creating and editing schedules
Adding announcements
Advanced announcements
Adding destination codes
Block builder
Driver Messaging module training
Instant Replay module training
Route Planner module training
Service Messages module training
Station Manager module training
User Manager module training
System Configuration module training
Map Module overview
Reports Module overview
Administrative tools
Public Site Settings
SPOT Console Settings
Asset Configuration
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88 | Implementation strategy Training
Duration of training
ETA will consult with City of Manteca on the scope and timing to develop a customized educational program designed around staff availability, roles, and specific areas of interest. In most cases, the SPOT™ training program takes around one week to adequately provide in-class and vehicle-based training.
Repetition is key
It is one thing to spend a day or two in a classroom learning about a system. It is another thing entirely to remember all the concepts and be able to immediately apply them one, two, or three days later in the performance of the job. It is not surprising then, to learn that the vast majority of ‘issues’ reported to technical support are not problems with the system itself, but rather a result of the performance of the people charged with using new equipment and software.
This is why ETA’s training breaks up the training into two components: classroom and real-world, and uses our customer experience advocates to work alongside staff to make sure the information translates from conceptual to practical.
Figure 56: A sample instructional schedule based on a five-day training plan ETA will work with your team to develop a right-sized curriculum for your situation.
The goal is to reinforce one day of classroom-based instruction that introduces concepts with real-world follow-up the very next day.
Day one: In two separate sessions, planners and operators are introduced to SPOT™ and key concepts. For planners, the goal is to create test routes within the SPOT™ Route Manager For operators, the goal is to understand their responsibilities within the system and become familiar with the mobile data terminal
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Day two: In two separate sessions, dispatchers are introduced to SPOT and key concepts, while operators will put their day one lessons to good use by practicing on the test patterns created by the planners the day before.
For dispatchers, the goal is to become comfortable with the Map and Driver Messaging modules For operators, the goal is to successfully log in to the MDT, assign a route/service, and run the test pattern correctly.
During this real-world training, operators will be shadowed by a customer experience advocate (CEA) who serves as a mentor and instructs on best practices. The CEA will also identify potential issues with routes for follow-up training with planners and ETA deployment team.
Day three: Dispatchers and operators work together on test routes For dispatchers, the goal is to build on comfort with the Map and Driver Messaging modules, work with information docks, and communicate changes to a service with the operator. For operators, the goal is building on prior-day successes and implement any changes communicated by dispatch.
During this real-world training, operators and dispatchers will be shadowed by a customer experience advocate (CEA) who serves as a mentor and instructs on best practices. The CEA will continue identify potential issues with routes for follow-up training with planners and ETA deployment team.
Day four: In separate sessions, planners are introduced to feedback from the prior two day of operator and dispatch training while administrators are exposed to the Reports module. For planners, the goal is review data collected by the routes they collected on day one and revise their test routes based on that feedback, plus that of operators and dispatch. For administrators, the goal is to run a series of reports based on actual data collected from the test routes.
During this real-world training, planners will be shadowed by a customer experience advocate (CEA) who serves as a mentor and instructs on best practices.
Day five: In separate sessions, maintenance is introduced to the SPOT™ ITS and connected systems, while operators go back on the road for additional training on test routes.
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90 | Implementation strategy Training
For operators, the goal is continued proficiency and understanding of the MDT and to successfully implement changes made to routes by transit planners the day before. For maintenance teams, the goal is to achieve a high-level understanding of the SPOT™ ITS, its connected systems, and learn best practices for troubleshooting and servicing hardware.
During this real-world training, operators will be shadowed by a customer experience advocate (CEA) who serves as a mentor and instructs on best practices.
Supplemental training
Self-guided training and system instruction are available on ETA’s online support portal, located at etatransit.force.com.
___________________________________________________________________________________________________ The training process is presented in an easy-to-follow manner and designed for non-technical learners. Each lesson dovetails into subsequent topics to create a logical and predictable instructional pathway.
___________________________________________________________________________________________________ Key concept!
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City of Manteca responsibilities
We have kept this as simple as possible
As a provider of “turnkey” systems, ETA asks very little of our customers to implement the system. ETA will fulfill the lion’s share of the implementation roles, including the scope of work found in the various sections defined elsewhere in the implementation strategy section.
To ensure a clean roll-out, we ask Manteca Transit to contribute to the following roles:
Answer questions regarding customization, such as route configuration, schedules, and standard operating procedures
Provide access to vehicles and maintenance staff at the time of installation Provide a meeting facility to train staff
Provide custom graphics for traveler information systems (i.e., corporate colors, logos, etc.) Review and accept agency-specific field acceptance test procedures Participate in scheduled customer satisfaction calls
Provide a clean file GTFS data for import and develop routes and geofencing in Route Manager ATTACHMENT 2
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Meet ETA Transit
[What you will discover]
ETA Transit finds itself squarely positioned as the ‘best of both worlds’ transit technology provider. Ours is a company whose origins date back to the mid-1990s as GeoFocus—a pioneer in the rail tracking and passenger information industry. From those beginnings, our evolution has seen us adapt our product offerings to meet the challenges of a modern transit industry by embracing the latest technology and development methodologies.
[What you will love in this section]
ETA Transit leverages its rich history in transit with the latest technology and best practices to provide an unmatched balance of industry-specific wisdom, proven performance, and innovation Ours is an experienced team boasting over 200 years of combined experience across multiple transportation, technology, and business disciplines
A legacy of success underscored by a track record of customer retention and service across various markets, operation sizes, and transportation segments across the United States Meet the team!
The difference maker in this decision has been the dedication of the ETA Transit team in all phases of this project.”
— Maureen Coughlin, Senior Facility Manager, SP+
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94 | Meet ETA Transit About
About
ETA Transit Systems, Inc. provides intelligent transit solutions (ITS) to public transportation, airport parking operations, university, corporate campus, medical facilities, car rental companies, and theme park companies across the United States. Its flagship ITS platform, SPOT™ provides real-time CAD/AVL tracking, data collection, reporting and analytic, and related traveler information systems to a variety of stakeholders, including transit agencies, departments of transportation, and passengers.
Corporate address: 7700 Congress Avenue, Suite 2201, Boca Raton, FL 33487 Phone: (800) 382-0917
Website: etatransit.com
Email: [email protected]
___________________________________________________________________________________________________ Providing the industry’s best intelligent transit systems is not a destination; it is a journey, a mission that requires an openness to new ideas, adoption to the latest practices and technology, and deliberate, focused attention to providing fanatical service.
This journey demands a relentless pursuit of innovation to ensure our customers have a partner; a critical, indispensable resource in their operations.
The long-term value we create defines our success; and the respect and trust we earn, and our dedication to extending our triumphs to every corner of our operations so that every contributor will benefit from our efforts.
___________________________________________________________________________________________________ DBE status
ETA has been a woman-owned business since 2013. Nicole Castonguay, ETA’s Chief Executive Officer (CEO), owns 65 percent of the firm’s common stock and is responsible for all day-to-day management decisions and for implementing the company's long- and short-term plans. Ms. Castonguay acts as a direct liaison between the board and management of the company. She communicates to the board on behalf of management.
WBENC national certification: 2005129289
Expiration date: 7/22/23
NAICS codes: 541512, 541511, 541519, 518210, 485111
UNSPSC codes: 25170000, 81112501
Our mission statement
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History
As one of the pioneers of modern, cloud-hosted ITS systems, our origins in transit can be traced even further to the mid-1990s and the legacy rail tracking platform, TrainTrac™, by GeoFocus®. ETA Transit has been at the forefront of location-based intelligent transit technology since it purchased GeoFocus® and subsequent relaunch as ETA Transit Systems in 2003.
Unlike many recent upstarts in the transit technology space, our history delivers a track record of proven performance, adaptability, and multi-modal transit solutions that spans over a quarter of a century across hundreds of successful deployments across the United States.
Customers
ETA Transit has over 80 highly satisfied customers spanning the United States and multiple transit industries. This diversity in customers speaks to the flexibility of the SPOT™ ITS and its ability to deliver right-sized solutions, and long-term viability of ETA as a transit partner to City of Manteca.
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96 | Meet ETA Transit History
A legacy of partnership:
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References
Highly satisfied ETA customers
We encourage our potential transit partners to contact current customers for real-world feedback about ETA, SPOT™, and our customer support. We have provided you with references of comparable size and situation to Manteca Transit, but please feel free to reach out to any of our other clients. We will be happy to provide you with their contact information upon request.
Clarksville Area Transit
Type of business: Public transit
Contact person/title: Paul Nelson, Transit Program Manager Telephone: (931) 553-2430
Email: [email protected]
Lassen Rural Bus
Type of business: Public transit
Contact person/title: Dave Knaut, Transportation Planner Telephone: (530) 251-8305
Email: [email protected]
City of Coral Gables
Type of business: Public transit
Contact person/title: John Kowalchik, Assistant Parking Director Telephone: (786) 251-0328
Email: [email protected]
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98 | Meet ETA Transit Partnerships
Partnerships
The key to meeting the current and future needs of the market Developing and maintaining strategic relationships is one of the cornerstones of ETA’s business development strategy. These partnerships help us stay abreast of changes in the market, stay at the forefront of emerging technologies, identify new customers, facilitate integration capabilities, and deliver competitive price options to our customers.
We have long understood the importance of these mutually-beneficial relationships and actively seek out opportunities to support our partner companies. We provide them with first-looks at new products, engage them in the product development and testing process, and provide special considerations for pricing, deployment, and support.
Shuttle bus operators
Many of ETA Transit’s customers utilize third-party shuttle operators to manage the day-to-day functions of their agency. Companies like Keolis®, SP+®, Transdev®, to name a few, are longstanding partners of ETA, and they trust our SPOT™ ITS to deliver consistent results across numerous properties.
Each customer presents a unique challenge, and the SPOT™ ITS delivers the flexibility and power to adapt to various operational or geographic requirements. The coordination between Manteca Transit, third-party operators, and ETA is a familiar situation and one that positions us with unique opportunities to deliver useful insights for deployment, training, and project scope improvements.
Technology partners
ATTACHMENT 2
[email protected] | 99
Executive leadership team
Guiding ETA Transit is a team of highly qualified professionals with a diverse range of multi-disciplinary education, experience. This collection of talent helps to shepherd new product development, nurture customer and vendor relationships, safeguard fiscal responsibilities, and mentor staff.
Nicole Castonguay, CEO
Education:
Bachelor of Science in Business Management; University of Central Florida Responsible for daily operations, sales, and accounting Experience in customer service, operations, and accounting Prior: Regional Director for the Hilton Hotels Corporation® John Maglio, President & CTO
Education:
Bachelor of Science in Finance; University of Central Florida Bachelor of Science in Management Information Systems; University of Central Florida Responsible for product strategy and business development Experience with establishing and managing strategic relationships, operations, and the development, and implementation of mass transit products
Prior: Director of Software Engineering for GeoFocus® Steven Friedman, CFO
Education:
MBA Finance/Marketing; Weatherhead School of Management at Case Western University Bachelor of Business Administration in Accounting; University of Texas at Austin Responsible for financial strategy and accounting
Experience with establishing financial strategies for multiple business segments
Prior: Senior Vice President Reichel Realty and Investment, Inc.
ATTACHMENT 2
100 | Meet ETA Transit Executive leadership team
Stephen Gunning, Vice President of Systems & Support
Education:
MBA Business Analytics; Florida Atlantic University
Bachelor of Science in Computer Science; Florida Atlantic University Responsible for architecting ETA’s technology systems Experience with extending purpose-built systems to more versatile platforms, software conversion, software engineering, operating systems, and algorithms
Matt Schroeder, Vice President of Communications
Education:
Master of Professional Studies in Marketing and Public Relations; University of Denver Graduate Certificate Digital Media Marketing; Northwestern University Bachelor of Science in Information Technology in Web Development; University of Phoenix Associate of Applied Science in Graphic Design; Colorado Mountain College Responsible for all brand and strategic marketing; public relations Over 25 years of experience in traditional and social marketing strategy development, implementation, design, content creation, and print and online production
Prior: Chief Creative Monkey for Big Opposable Thumb®, Creative Director for TouchMath®, Creative Director for Colorado Community Newspapers®, Creative Director for Allegory Marketing®
Jariel Adler, Director of operations
Education:
Bachelors in Management Information Systems; Florida Atlantic University Responsible for management of customer support team
Project Management Professional (PMP) — Nov 2012 # 1551776 Deployment Project Manager for 8 years with deployments at TBC—Tire Kingdom and Big O Tire & G4S Retail Division
ATTACHMENT 2
[email protected] | 101
Organization chart
CFO
Steven Friedman
President
John Maglio
Admin. Assistant
Bessy Prager
Sales
DJ Hammingh
East Region
Jose Mostago
West Region
Inside sales
Chris Morgia
Shantel Barrett
Operations
Jariel Adler
Director of Operations
Implementation
Josh Adler
James Bevel
Leon Liberty
Demia Bonner
Field support
Taylor Tanksley
Installation
Flavian Hunter
Ryan Moise
Technical support
Bharathi Gottapu
Graham Saunders
Tricia Martin
Quality assurance
James Warren
Santosh Kumar
Kiran Madathil
Vamsi Penugurthi
Anil Kumar Sadey
Siva Poojitha Yedurupaka
Engineering
Software engineering
Stephen Gunning
VP, Engineering
Ron Barbosa
Padmini Koppella
Khalil Milwood
Dennis Moore
Naresh Penugurthi
John Rodriguez
Sameena Shaik
Sukanya Vanapalli
Hardware engineering
Leon Liberty
Alshine Mondesir
Communications
Matt Schroeder
VP, Communications
Executive Management
CEO
Nicole Castonguay
Marketing
UI/UX/Design
Copywriting
ATTACHMENT 2
ATTACHMENT 2
Warranty & support
[What you will discover]
ETA has a focused strategy for delivering an exceptional ownership experience from day one defined by a comprehensive warranty, sound support policies, and go-to-market campaign materials. [What you will love in this section]
An included two-year warranty with the option for extended coverage through year five A defined support procedure that helps get resolutions to your concerns—quickly A ready-made ‘go-to-market’ marketing campaign strategy that helps build anticipation and encourage adoption among staff and passengers
Feel supported!
“Perhaps more impressive was our after-market care. We still chat monthly about our changing situation and they make sure our capabilities meet the changing demands of our riders.”
— Amy Seeboth, University of Wisconsin-Platteville
ATTACHMENT 2
104 | Warranty & support A 3-step approach
A 3-step approach
Our focus in providing you an incredible ownership experience A critical component of the operational success of the SPOT™ platform is the care you receive after the sale and once the initial deployment is complete. ETA has dedicated itself to providing an exceptional tech ownership experience. This ongoing support consists of three components: a straightforward warranty clearly defined support procedures and the availability of go-to-launch marketing support materials.
1. Warranty overview
When you choose ETA as your transit partner, we want your experience to be as painless and efficient as possible. We underscore our commitment to providing an unparalleled ownership experience with the following key warranty promises:
A 60-day guarantee on system installation
A two-year warranty on ETA-installed system hardware and software for equipment failure and software issues as outlined within ETA’s Service Level Agreement (SLA) Free software updates and patches for the life of the contract Additionally, ETA provides an optional annual extended warranty through year five (5).
Coverage details:
Hardware: Should ETA-installed equipment fail at any point during the warranty term of the agreement, we will replace it with a similar or equivalent product. Software: Any updates or upgrades to licensed ETA software will be immediately available for your application in your environment. This policy ensures you always have access to the latest technology releases and current software functionality. Installation: ETA guarantees the installation of its onboard system for sixty (60) days from vehicle acceptance. Should any defects in quality be discovered, we will assume the cost of remedy to the installation issue. This warranty does not cover the cost of any useralterations or modifications to the initial installation.
2. Support overview
Should something not function as expected, ETA has developed a comprehensive information technology policy to help protect your investment, provide answers to your questions, and get your operations back on the road as quickly as possible. For a complete accounting of ETA support responsibilities, please refer to the Service Level Agreement located in Appendix B.
ATTACHMENT 2
[email protected] | 105
Maintenance and repair: ETA will deliver peace-of-mind through the availability of an online reporting tool (etatransit.zendesk.com) to log any system issues you encounter.
You tell us what difficulties you have encountered, and we will respond within one business day with a progress report in identifying the cause and present viable solutions.
For urgent requests, please call us day or night at (561) 288-1932. Disaster recovery: Your configuration and route data are backed up off-site daily to nearby cloud-based servers. This feature ensures a continuation of care and safeguards to ensure that your critical data is protected and that recovery from a hardware error does not cost you precious time. Should something happen, we can restore data from other regional servers within moments.
Privacy policy: Security is of paramount concern to ETA Transit. The data of our clients (and their clients) remains protected by up-to-date security practices, secure from outside entry. We never divulge confidential information to third parties, so the names, contact information, and system data remain safe and private, accessible only by those to whom you grant access. Visit etatransit.com/privacy to view our complete privacy policy. Security: Firewall ACLs protect ETA systems. We limit open ports to only those required for essential system operation with a quarterly rotation of all system passwords to enhance overall security.
Technical support and field repairs: The ETA team understands that technical support, including a 24x7 toll-free technical support phone line, will be provided during the contract. The ETA team further understands that installation support, including licensing and software updates, will be provided during the contract. Issues that are not resolved by the level 1 prompt the technical support representative to escalate the problem to level 2 support. The ETA team is committed to assisting City of Manteca with fault diagnosis and repairs.
ATTACHMENT 2
106 | Warranty & support A 3-step approach
Figure 57: ETA's support process helps diagnose potential issues and defines achievable expectations for resolution.
Exclusions
ETA will always do everything possible to rectify every issue promptly. However, there are a few exclusions:
Guarantees do not apply to software, equipment, or services not purchased or managed by ETA
A problem is caused by using hardware, software, or service(s) in a manner outside of its intended function
The client has made unauthorized changes to the configuration or setup of affected equipment, software, or service(s).
The client has prevented ETA from performing required maintenance and update tasks An issue is related to unsupported equipment, software, or other services. The client is in breach of its contract with ETA for any reason (i.e., delinquent payment of fees)
3. Go-to-market support
Your new SPOT™ system is an investment in both infrastructure and rider satisfaction, and we have developed materials to reach out and build excitement among your staff and riders. We have designed a complete go-to-market campaign to help you expand your outreach efforts. Ever mindful of your brand, our materials are be customized to reflect your market presence for little to no extra cost to you.
Our available go-to-market support materials include:
Comprehensive, ready-made rollout marketing strategy
Flyers and posters branded with your agency’s logo and colors ATTACHMENT 2
[email protected] | 107
Tri-fold brochure
Web banners
Camera-ready print advertisements
Website integration
Social media campaigns with graphics and content
Coloring and essay contests
Links and QR codes to mobile apps (iOS and Android)
Figure 58: Sample materials include pre-launch web banners (top left), social media banners (top right), rider brochure (lower left), internal staff poster (center), and full-page newspaper print ad (lower right) ATTACHMENT 2
38 DEBARMENT AND SUSPENSION CERTIFICATION
This certification does not apply to contracts and subcontracts under $25,000. Offers that are not accompanied by a completed, applicable certification will be rejected as nonresponsive. □ The Proposer certifies, to the best of its knowledge and belief, that the Proposer and its principals:
1. Are not presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily or involuntarily excluded from covered transactions by any federal department or agency;
2. Have not, within the preceding three years, been convicted of or had a civil judgment rendered against them for commission of fraud or a criminal offense in connection with obtaining, attempting to obtain, or performing a public or private agreement or transaction; violation of federal or state antitrust statutes, including those proscribing price fixing between competitors, allocation of customers between competitors, and bid rigging; commission of embezzlement, theft, forgery, bribery, falsification or destruction of records, making false statements, tax evasion, receiving stolen property, making false claims, or obstruction of justice; or commission of any other offense indicating a lack of business integrity or business honesty;
3. Are not presently indicted for or otherwise criminally or civilly charged by a governmental entity (federal, state, or local) with commission of any offense described in Paragraph 2 of this certification;
4. Have not, within the preceding three years, had one or more public transactions (federal, state, or local) terminated for cause or default.
OR
□ The Proposer is unable to certify to all of the statements in this certification, and attaches its explanation to this certification. (In the explanation, the Proposer must certify to those statements that can be certified and explain why the other statements cannot be certified.) The Proposer certifies or affirms the truthfulness and accuracy of the contents of the statements submitted on or with this certification. In addition, the Proposer understands and agrees that the provisions of 31 USC §§ 3801 et al. are applicable to this certification.
Company:___________________________________________________________________ Name:______________________________________________________________________ Title:_______________________________________________________________________ Signature:__________________________________________________________________ Date:_______________________________________________________________________ ETA Transit Systems
Nicole Castonguay
CEO
9/14/2022
ATTACHMENT 2
39 BUY AMERICA CERTIFICATION
This certification applies to contracts over $150,000 if they involve the purchase of iron, steel, manufactured goods, or rolling stock.
If this Offer is valued in excess of $150,000 and involves the procurement of steel, iron, or manufactured products (as defined in 49 CFR §§ 661.3 and 661.5), the Proposer hereby certifies that it:
□ Will comply with the requirements of 49 USC § 5323(j)(1) and the applicable regulations in 49 CFR part 661;
OR
□ Cannot comply the requirements of 49 USC § 5323(j) (and 49 CFR part 661) but may qualify for an exception to the requirements pursuant to 49 USC § 5323(j)(2), as amended, and the applicable regulations in 49 CFR § 661.7.
If this Offer is valued in excess of $150,000 and involves the procurement of buses or other rolling stock (including associated equipment), the Proposer hereby certifies that it:
□ Will comply with the requirements of 49 USC § 5323(j) and the applicable regulations of 49 CFR § 661.11;
OR
□ Cannot comply with the requirements of 49 § USC 5323(j) (and 49 CFR § 661.11), but may qualify for an exception to the requirements consistent with 49 USC § 5323(j)(2)(C), as amended, and the applicable regulations in 49 CFR § 661.7.
The Proposer certifies or affirms the truthfulness and accuracy of the contents of the statements submitted on or with this certification. In addition, the Proposer understands and agrees that the provisions of 31 USC §§ 3801 et al. are applicable to this certification Company:___________________________________________________________________ Name:______________________________________________________________________ Title:_______________________________________________________________________ Signature:__________________________________________________________________ Date:______________________________________________________________________ ETA Transit Systems
Nicole Castonguay
CEO
9/14/2022
ATTACHMENT 2
40 LOBBYING CERTIFICATION
This certification does not apply to contracts and subcontracts under $100,000. Offers that are not accompanied by a completed, applicable certification will be rejected as nonresponsive.
The Proposer certifies, to the best its knowledge and belief, that:
1. No federal appropriated funds have been paid or will be paid, by or on behalf of the Proposer, to any person for influencing or attempting to influence an officer or employee of an agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with the awarding of any federal contract, the making of any federal grant, the making of any federal loan, the entering into of any cooperative agreement, and the extension, continuation, renewal, amendment, or modification of any federal contract, grant, loan, or cooperative agreement.
2. If any funds other than federal appropriated funds have been paid or will be paid to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with this federal contract, grant, loan, or cooperative agreement, the Proposer shall complete and submit Standard Form-LLL, “Disclosure Form to Report Lobbying,” in accordance with its instructions.
3. The Proposer shall require that the language of this certification be included in the award documents for all subawards at all tiers (including subcontracts, subgrants, and contracts under grants, loans, and cooperative agreements) and that all subcontractors shall certify and disclose accordingly.
This certification is a material representation of fact upon which reliance was placed when this transaction was made or entered into. Submission of this certification is a prerequisite for making or entering into this transaction imposed by 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 Proposer certifies or affirms the truthfulness and accuracy of the contents of the statements submitted on or with this certification. In addition, the Proposer understands and agrees that the provisions of 31 USC §§ 3801 et al. are applicable to this certification.
Company:___________________________________________________________________ Name:______________________________________________________________________ Title:_______________________________________________________________________ Signature:___________________________________________________________________ Date:_______________________________________________________________________ Per paragraph 2 above, complete and submit Standard Form–LLL, “Disclosure Form to Report Lobbying,” if applicable.
ETA Transit Systems
Nicole Castonguay
CEO
9/14/2022
ATTACHMENT 2
41 CERTIFICATE OF COMPLIANCE WITH BUS TESTING REQUIREMENT This certification applies to contracts for the purchase or lease of any bus model that is new or has any major change in configuration or components to be acquired or leased. Offers that are not accompanied by a completed, applicable certification will be rejected as nonresponsive.
The Proposer certifies that the bus was tested at the Bus Testing Facility and that the bus received a passing test score as required by 49 CFR Part 665. The applicant has received or will receive the appropriate full Bus Testing Report and any applicable partial testing reports before final acceptance of the first vehicle.
The Proposer understands that misrepresenting the testing status of a vehicle acquired with federal financial assistance may subject the undersigned to civil penalties as outlined in the Department of Transportation’s regulation on Program Fraud Civil Remedies, 49 CFR Part 31.
In addition, the Proposer understands that FTA may suspend or debar a manufacturer under the procedures in 49 CFR Part 29.
The Proposer certifies or affirms the truthfulness and accuracy of the contents of the statements submitted on or with this certification. In addition, the Proposer understands and agrees that the provisions of 31 USC §§ 3801 et al. are applicable to this certification.
Company:___________________________________________________________________ Name:______________________________________________________________________ Title:_______________________________________________________________________ Signature:___________________________________________________________________ Date:_______________________________________________________________________ ETA Transit Systems
Nicole Castonguay
CEO
9/14/2022
ATTACHMENT 2
42 TRANSIT VEHICLE MANUFACTURER DISADVANTAGED BUSINESS ENTERPRISE
CERTIFICATION
This certificate applies to contracts for the purchase of rolling stock.
The Contractor, a Transit Vehicle Manufacturer, hereby certifies that it has complied with the requirements of 49 CFR § 26.49 by submitting an annual DBE goal to the Federal Transit Administration (FTA). The goal has either been approved or is pending approval by FTA.
The Proposer certifies or affirms the truthfulness and accuracy of the contents of the statements submitted on or with this certification. In addition, the Proposer understands and agrees that the provisions of 31 USC §§ 3801 et al. are applicable to this certification.
Company:__________________________________________________________________ Name:_____________________________________________________________________ Title:______________________________________________________________________ Signature:__________________________________________________________________ Date:______________________________________________________________________ ETA Transit Systems
Nicole Castonguay
CEO
9/14/2022
ATTACHMENT 2
43 FEDERAL MOTOR VEHICLE SAFETY STANDARDS CERTIFICATION This certificate applies to contracts for the purchase of rolling stock.
The Proposer, if awarded the Contract, shall submit: (1) the manufacturer’s FMVSS selfcertification sticker information that the vehicle complies with relevant FMVSS; or (2) the manufacturer’s certified statement that the contracted buses will not be subject to FMVSS regulations.
The Proposer certifies or affirms the truthfulness and accuracy of the contents of the statements submitted on or with this certification. In addition, the Proposer understands and agrees that the provisions of 31 USC §§ 3801 et al. are applicable to this certification.
Company:__________________________________________________________________ Name:_____________________________________________________________________ Title:______________________________________________________________________ Signature:__________________________________________________________________ Date:______________________________________________________________________ ETA Transit Systems
Nicole Castonguay
CEO
9/14/2022
ATTACHMENT 2
44 TAX LIABILITY CERTIFICATION
This certificate applies to all contracts.
The Proposer, certifies that:
(a) it has no unpaid federal tax liability that has been assessed, for which all judicial and administrative remedies have been exhausted or have lapsed, and that is not being paid in a timely manner pursuant to an agreement with the authority responsible for collecting the tax liability; and
(b) it has not been convicted of a felony criminal violation under any federal law within the preceding 24 months.
The Proposer certifies or affirms the truthfulness and accuracy of the contents of the statements submitted on or with this certification. In addition, the Proposer understands and agrees that the provisions of 31 USC §§ 3801 et al. are applicable to this certification.
Company:__________________________________________________________________ Name:_____________________________________________________________________ Title:______________________________________________________________________ Signature:__________________________________________________________________ Date:______________________________________________________________________ ETA Transit Systems
Nicole Castonguay
CEO
9/14/2022
ATTACHMENT 2
10 DISADVANTAGED BUSINESS ENTERPRISE (DBE) CERTIFICATION The Proposer certifies or affirms the truthfulness and accuracy of the contents of the statements submitted on or with this certification. In addition, the Proposer understands and agrees that the provisions of 31 USC §§ 3801 et al. are applicable to this certification.
Company:__________________________________________________________________ Name:_____________________________________________________________________ Title:______________________________________________________________________ Signature:__________________________________________________________________ Date:______________________________________________________________________ ETA Transit Systems
Nicole Castonguay
CEO
9/14/2022
ATTACHMENT 2
City of Manteca
Price proposal
Title: Intelligent Transportation System
Due: September 19, 2022 @ 4:00pm PST
Submitted by:
ETA Transit Systems, Inc.
7700 Congress Avenue, Suite 2201
Boca Raton, FL 33487
What drives you?
etatransit.com
ATTACHMENT 2
Quotation #:
Date:
FIXED-ROUTE BASE SYSTEM
ITEM# QTY. PRICE TAX TOTAL MILE
1 7 $ 1,732 $ - $ 12,124 1
2 7 $ 250 $ 1,750 1
3 7 $ 309 $ - $ 2,163 1
4 7 $ 252 $ - $ 1,764 1
5 7 $ 250 $ 1,750 1
6 0 $ 666 $ - $ - 1
Agency: City of Manteca
Name: Juan Portillo
Email: [email protected]
Payment terms: See milestone payment schedule
etatransit.com
PRODUCT
20221005
Dead reckoning unit OPTIONAL
• provides accurate tracking underground
MDT SPOT™ software modules
• Driver login module
• Route selection module
• 2-way messaging module
• System status module
• Electronic passenger counting module
* Options available for additional modules
MDT mounting kit
• RAM® mount
Rugged mobile data terminal (MDT) hardware
• 7" viewable screen
* 10" option available
VLU SPOT™ software modules
• Location services
• Guaranteed delivery services
• Route awareness services
Vehicle logic unit (VLU) hardware
• GPS
• Cellular communications
• Vehicle I/O for 1708, DIO
10/5/2022
Received by: Date:
ATTACHMENT 2
7 7 $ 306 $ - $ 2,142 1
8 7 $ 600 $ - $ 4,200 3
9 7 $ 250 $ 1,750 3
10 7 $ 350 $ 2,450 3
11 1 $ 12,000 $ 12,000 3
12 1 $ - $ - 5
Hardware installation
• Professional system installation
• Vehicle testing and commissioning
Software license: Public website
• Real-time arrival predictions
• Service messages
• Rider feedback
• Sponsored links
• Station/stop details
• Trip planner
• Local attractions
• Rider alerts
• Favorite route selection
Single sign-on integrated with existing fare
collection OPTIONAL
• Integration of digital fare collection system
* Options for fare collection single sign-on
** Options for MVS single sign-on
Implementation
• System setup
• Project management
• Manufacturing
• Training
• Testing
• Documentation
• Travel
Single sign-on integrated with existing digital
signage OPTIONAL
• Integration of head signs with ITS
* Options for fare collection single sign-on
** Options for MVS single sign-on
Bus equipment and cable kits
• Power harness
• Antennas
• *Roof mount antennas available as an Option
(extension cable required)
etatransit.com
ATTACHMENT 2
13 1 $ - $ - 5
14 1 $ - $ - 5
15 84 $ 75 $ 6,300 6
AUTOMATIC VOICE ANNOUNCEMENTS (AVA)
Item # Qty. Price Tax Total Mile
Software license: ETA SPOT™ API
• JSON API
• GTFS import/export
Tax exempt certificate required for sales tax to be waived.
Software license: Native phone apps
• Customized to local experience
• Real-time bus tracking
• Color-coded routes
• Display user GPS location
• Real-time arrival predictions
• Trip planning
• Rider feedback
• Sponsored links
• Local attractions
• GTFS-RT rider alerts via push notifications
SALES TAX
ANNUAL SaaS (BEYOND YEAR 1) $6,300
Annual SaaS and Maintenance: SPOT™ ITS
• Unlimited user accounts
• Data retention for the life of the contract
• Real-time arrival predictions
• Web-based dispatch module
• Reports module
• Route planner module
• User administration module
• Service announcements module
• Cellular data
• Hosting
• Maintenance
• 24/7/365 technical support
• Daily backups
(Qty. equals number of vehicles X 12 months)
INCLUDED
$48,393
BASE SYSTEM TOTAL
SUBTOTAL
Product
$48,393
etatransit.com
ATTACHMENT 2
1 5 $ 281 $ - $ 1,405 1
2 7 $ 300 $ - $ 2,100 3
3 0 $ 16 $ - $ - 3
4 0 $ 60 $ - $ - 3
5 0 $ 70 $ - $ - 3
6 1 $ 250 $ - $ 250 1
7 6 $ 1,073 $ - $ 6,435 1
8 6 $ 300 $ - $ 1,800 3
New monochromatic interior digital sign OPTIONAL
• Synchronize text with automatic onboard
announcements audio
Public address amplifier
• Support automatic onboard announcements
• Options for ambient noise sensing;
automatic gain control
ETA will attempt to reuse existing PA amplifiers
if possible
Integration with (existing) monochromatic interior
digital sign OPTIONAL
• Synchronize text with automatic onboard
announcements audio
Public address amplifier Installation
• Professional system installation
• Vehicle testing and commissioning
Interior sign installation OPTIONAL
• Professional system installation
• Vehicle testing and commissioning
Interior speakers OPTIONAL
• Transit-grade speakers for bus
Shall be quoted as needed
Speaker installation OPTIONAL
• Professional system installation
• Vehicle testing and commissioning
Shall be quoted as needed
Exterior speakers OPTIONAL
• Transit-grade speakers for bus
Shall be quoted as needed
etatransit.com
ATTACHMENT 2
9 7 $ 1,000 $ 7,000 3
10 84 $ 7 $ 588 6
AUTOMATIC PASSENGER COUNTING (APC)
ITEM# QTY. PRICE TAX TOTAL MILE
1 8 $ 1,467 $ - $ 11,736 1
2 1 $ 219 $ - $ 219 1
3 1 $ 263 $ - $ 263 3
4 8 $ 300 $ - $ 2,400 3
$19,578
Ethernet switch installation
• Professional installation
$588
APC installation
• Professional installation
• Vehicle testing and commissioning
INCLUDED
$19,578
Stereoscopic automatic passenger counter (APC)
• Priced per bus/door
PRODUCT
Implementation
• System setup
• Professional voice recordings *
• Project management
• Manufacturing
• Training
• Testing
• Documentation
• Travel
* recordings in additional languages shall be quoted
separately as requested
Tax exempt certificate required for sales tax to be waived. 5 port Ethernet switch
• Connects multiple APCs
Annual SaaS and Maintenance: SPOT™ AVA
• Audio recording as a service
• System support
SALES TAX
SUBTOTAL
AVA TOTAL
ANNUAL SaaS (BEYOND YEAR 1)
etatransit.com
ATTACHMENT 2
5 7 $ 1,000 $ 7,000 3
6 84 $ 10 $ 840 6
GTFS REAL-TIME (GTFS-RT) OPTION
ITEM# QTY. PRICE TAX TOTAL MILE
1 1 $ 5,000 $ - $ 5,000 3
2 1 $ 5,000 $ - $ 5,000 3
ANNUAL SaaS (BEYOND YEAR 1) $0
SALES TAX
GTFS-RT TOTAL (YEAR 1)
SUBTOTAL
$10,000
Tax exempt certificate required for sales tax to be waived.
Implementation
• System setup
• Project management
• Testing
• Documentation
Tax exempt certificate required for sales tax to be waived.
Implementation
• System setup
• Project management
• Manufacturing
• Training
• Testing
• Documentation
• Travel
$840
INCLUDED
Annual SaaS and Maintenance: SPOT™ GTFS-RT
• Real-time data feed
• Maintenance
• Technical support
(Qty. equals number of vehicles X 12 months)
SALES TAX
SUBTOTAL
INCLUDED
ANNUAL SaaS (BEYOND YEAR 1)
Annual SaaS and Maintenance: APC SaaS
• Priced per bus, per month
• Hosting
• System maintenance and upgrades
PRODUCT
$10,000
$22,458
APC TOTAL $22,458
etatransit.com
ATTACHMENT 2
ADDITIONAL OPTIONS
ITEM# QTY. PRICE TAX TOTAL MILE
1 1 $ 2,087 $ - $ 2,087 3
2 1 $ 2,160 $ - $ 2,160 3
3 1 $ 2,236 $ - $ 2,236 3
4 1 $ 4,174 $ - $ 4,174 5
5 2 $ 5,000 $ - $ 10,000 6
6 0 $ 12,000 $ - $ - 6
Data analyst services (after acceptance)
· Senior data analyst to manager your route data
· Routes, time tables, stop fences, system
configuration, bus tracker customization
One analyst
Price per year, as requested by customer
PRODUCT
Extended warranty on hardware (Year 4)
· Beyond year 2 (up to 5 years maximum)
· Escalates at 3.5% per year
· Does not include consumables
· Governed by ETA's system support/warranty
agreement
· Provided as quoted, upon request
Extended warranty on hardware yr 5
· Beyond year 2 (up to 5 years maximum)
· Escalates at 3.5% per year
· Does not include consumables
· Governed by ETA's system support/warranty
agreement
· Provided as quoted, upon request
Extended warranty on hardware (Year 3)
· Beyond year 2 (up to 5 years maximum)
· Escalates at 3.5% per year
· Does not include consumables
· Governed by ETA's system support/warranty
agreement
· Provided as quoted, upon request
Additional site visits (beginning beginning after
acceptance)
· On-site vehicle check up
· Additional training
One analyst, 2 days
Price per trip, as requested by customer
Spare parts
etatransit.com
ATTACHMENT 2
7 0 $ 150 $ - $ - 6
PACKAGE OPTIONS
Qty.
1 1
1 1
1 Qty.
1 1
1 1
1 $ 22,458
ANNUAL CHARGES
GTFS-RT package OPTION annual subscription and maintenance $0 GTFS-RT package OPTION $ 10,000
$ 19,578
Total
SUBTOTAL $20,656
Time and material for change orders
· Hourly labor rate
· Applies to out of warrant repairs, custom
software development, route manager changes...
ANNUAL CHARGES $17,728
Package
YEAR 1 PROJECT TOTAL
ANNUAL SaaS (BEYOND YEAR 1)
TOTAL (YEAR 1)
SALES TAX
$ 48,393
$191,997
Total
$10,000
$6,300
Fixed route base package
Onboard announcements package
ADDITIONAL OPTIONS annual subscription and maintenance
Fixed route base package annual subscription and maintenance Package
$840
Onboard announcements package annual subscription and maintenance $588 GRAND TOTAL 5 YEARS
Tax exempt certificate required for sales tax to be waived. $10,000
INCLUDED
$20,656
Automatic passenger counting package
ADDITIONAL OPTIONS $ 20,656
$121,085
Automatic passenger counting package annual subscription and maintenance etatransit.com
ATTACHMENT 2
MILESTONE SCHEDULE
Mile
1 2
3 4
5 6
7, 8, 9, 10
System design
(50% Implementation costs)
GRAND TOTAL 5 YEARS $191,997
Recurring items: Years 2–5 $ 70,912
$ 41,738
$ 14,361
$ 4,174
$ 17,728
Installation and vehicle static test
(25% Implementation costs)
Unit prices are valid only for the total number of units quoted. Lesser quantities (or years) may require a higher price per unit cost because of certain fixed costs.
Prices in this quotation are valid for ninety (90) days from the date of quotation or proposal and are applicable to the quantities herein. Changes to packages and/or quantities may require a revised quotation.
Description
Hardware delivery to customer location
Total
Pre-installation site visit and
documentation $ 28,723
$ 14,361
Each SaaS anniversary
Hardware installation on first vehicle (by
bus type) and static test report
After 2 week burn-in (from customerwitnessed test) warranty; SaaS anniversary begins
Deliverables
Dynamic test procedure report, training
and manuals
Dynamic testing and training
(25% implementation)
Software licenses
Recurring items: Year 1
Delivery of SPOT Console portal
PREPARED BY:
NAME: Jose Mostajo
TITLE: Senior Sales Representative Central Region
ADDRESS: 7700 Congress Avenue, Suite 2201
Boca Raton, FL 33487
PHONE: (561) 288-1930
EMAIL: [email protected]
Terms and conditions of sale
Hardware components
etatransit.com
ATTACHMENT 2
ACCEPTED BY:
Signature:
Name and title:
Date:
REVIEWED BY:
ETA Transit Systems
Nicole M Castonguay, CEO Date:
Delivery is F.O.B. ETA Transit Systems, Inc. 7700 Congress Avenue #2201 Boca Raton, FL 33487 No refund shall be provided for returned parts without written authorization from authorized ETA representatives.
ETA guarantees that each product is free from defects in material and workmanship. ETA's warranty is in effect for two (2) years from the original ship date from ETA. ETA will furnish to customer its Warranty and Support agreement ARO or upon request
ETA TRANSIT SYSTEMS (ETA) WARRANTY POLICY
Estimated lead time for delivery is 6 weeks weeks. A formal lead time estimate shall be provided by ETA ARO. etatransit.com
ATTACHMENT 2
12 Exhibit C
INSURANCE REQUIREMENTS
ATTACHMENT 2
10/3/2022
Floridian Coastline Group
2450 E Commercial Blvd
Suite 203
Ft Lauderdale FL 33308
ANA GRAJALES
(954)302-4531 (954)692-3941
[email protected]
00000727
Eta Phi Systems, Inc
7700 Congree Ave. STE 2203-2204
Boca Raton FL 33487
Mount Vernon Fire Insurance Company26522
PROGRESSIVE EXPRESS INS COMPANY 02962
CL111300779
A
X
X PPP2550539E 01/07/2022 01/07/2023
1,000,000
300,000
10,000
1,000,000
2,000,000
Included
Liability DED 0
B
X
X
X
X
X
03723843-6 11/12/2021 11/12/2022
2,000,000
Comp/ Coll Ded 500
X XL158821C 07/16/2021 07/16/2022
5,000,000
5,000,000
A BOP PPP2550539D 01/7/2022 01/7/2023 Personal Property $25,00 Bus $50,000 A E&O PPP2550539D 01/07/2022 01/07/2023 2,000,000
City of Manteca, it’s elected, and appointed officers, officials, employees, agents and volunteers are included as Additional Insureds as respects to General Liability and Auto Liability where required by written contract.
City of Manteca
1001 W. Center St.
Manteca, CA 95337
Juan Carlos Cruz/ANA
CERTIFICATE HOLDER
ACORD 25 (2009/09) © 1988-2009 ACORD CORPORATION. All rights reserved.
AUTHORIZED REPRESENTATIVE
CANCELLATION
DATE (MM/DD/YYYY) CERTIFICATE OF LIABILITY INSURANCE
JECT LOC PRO- POLICY
GEN'L AGGREGATE LIMIT APPLIES PER:
CLAIMS-MADE OCCUR
COMMERCIAL GENERAL LIABILITY
GENERAL LIABILITY
PREMISES (Ea occurrence) $
DAMAGE TO RENTED
EACH OCCURRENCE $
MED EXP (Any one person) $
PERSONAL & ADV INJURY $
GENERAL AGGREGATE $
PRODUCTS - COMP/OP AGG $
RETENTION $
DEDUCTIBLE
CLAIMS-MADE
OCCUR
$
$
AGGREGATE $
EACH OCCURRENCE $
UMBRELLA LIAB
EXCESS LIAB
DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES (Attach ACORD 101, Additional Remarks Schedule, if more space is required) INSR
LTR TYPE OF INSURANCE POLICY NUMBER
POLICY EFF
(MM/DD/YYYY)
POLICY EXP
(MM/DD/YYYY) LIMITS
WC STATUTORY LIMITSOTHER
E.L. EACH ACCIDENT
E.L. DISEASE - EA EMPLOYEE
E.L. DISEASE - POLICY LIMIT
$
$
$
ANY PROPRIETOR/PARTNER/EXECUTIVE
If yes, describe under
DESCRIPTION OF OPERATIONS below
(Mandatory in NH)
OFFICER/MEMBER EXCLUDED?
WORKERS COMPENSATION
AND EMPLOYERS' LIABILITY Y / N
AUTOMOBILE LIABILITY
ANY AUTO
ALL OWNED AUTOS
SCHEDULED AUTOS
HIRED AUTOS
NON-OWNED AUTOS
$
COMBINED SINGLE LIMIT
(Ea accident)
BODILY INJURY (Per person)
BODILY INJURY (Per accident)
PROPERTY DAMAGE
(Per accident) $
$
$
$
THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS
CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS.
INSR
ADDL
WVD
SUBR
N / A
$
$
THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS
CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER.
IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s).
The ACORD name and logo are registered marks of ACORD
COVERAGES CERTIFICATE NUMBER: REVISION NUMBER:
INSURED
PHONE
(A/C, No, Ext):
PRODUCER
PRODUCER
CUSTOMER ID #:
ADDRESS:
E-MAIL
FAX
(A/C, No):
CONTACT
NAME:
NAIC #
INSURER A :
INSURER B :
INSURER C :
INSURER D :
INSURER E :
INSURER F :
INSURER(S) AFFORDING COVERAGE
SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE
THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS.
INS025 (200909)
ATTACHMENT 2