Agenda packet — Economic Development Committee, August 7, 2023

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www.modestogov.com
AGENDA
City of Modesto

ECONOMIC DEVELOPMENT COMMITTEE / COUNCIL

WORKSHOP
Room 2001-40 Del Puerto Room
Tenth Street Place, 1010 10th Street
Modesto, California
Monday, August 07, 2023 at 4:00 PM
Roll Call: Sue Zwahlen, Chair
Chris Ricci, Vice-Chair
Eric Alvarez, Member
Alternates: David Wright, Nick Bavaro, Rosa Escutia-Braaton, Jeremiah Williams “Wordly” can translate into 25+ different languages! To access written translation during the meeting, please scan the QR Code or click this link https://attend.wordly.ai/join/RJDY-6364.
"Wordly" puede traducir a más de 25 idiomas diferentes! Para acceder a la traducción durante la reunión, por favor escanee el código QR o haga clic en el enlace https://attend.wordly.ai/join/RJDY-6364.

THIS MEETING WILL BE PHYSICALLY OPEN TO THE PUBLIC AND BY ZOOM

VIDEO CONFERENCING AND TELEPHONE
Effective March 1, 2023, if a technical issue arises with Zoom or the phone dial-in option, the Committee meeting will continue unless the meeting is being held pursuant to the provisions of Assembly Bill 2449. Alternative viewing options are listed below and the meeting is physically open to the public.

You may observe a livestream of the meeting at http://media.modestogov.com. You may also participate in the meeting as indicated below.
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Written comments may be submitted via email to: [email protected] (include Agenda Item Number in the subject line). All comments will be shared with the Committee Members and placed in the record but will not be read aloud during the meeting. Written comments must be received two hours before the meeting.

VIRTUAL PARTICIPATION BY ZOOM VIDEO

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The Committee Chairman will request public comment during the Public Comment periods on the meeting agendas and during each Regular Calendar Item on the Committee Agenda. Once the Chairman has announced the public comment period, please do one of the following.

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Council has not delegated directive or final approval authority to the Committees. Committee actions are recommendations to the full City Council, not final decisions on an issue. This meeting is also noticed as a City Council workshop.

PUBLIC COMMENTS
Please refer to special public comment instructions above.

Three-minute time limit per speaker.

Only interested persons in the audience may present these matters. Under State law, Committee Members may respond to matters being presented under this item only as follows:
a. Briefly respond to statements made or questions raised. b. Ask a question for clarification.
c. Provide a reference to staff or other resources for factual information. d. Request staff to report back at a subsequent meeting. e. Finally, a Committee Member or the Committee itself may take action to direct staff to place a matter of business on a future agenda.

CONSENT ITEMS – ROLL CALL VOTE REQUIRED:

Information concerning the consent items listed below has been forwarded to each Committee Member prior to this meeting for study. Unless some member of the audience or Committee Member has a question concerning an item and asks that it be withdrawn from the consent list, the Committee approves the items at one time. The action taken by the Committee in approving consent items is set forth in the explanation of this individual item. - 3 -
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Any and all of the following agenda items are subject to action by the Modesto City Council.

This Agenda is on file in the City Clerk’s Office, Sixth Floor, 10th Street Place, Posting Board at entry of 10th Street Place, and is available on the City’s Web site at www.modestogov.com.

In accordance with the requirements of Title II of the Americans with Disabilities Act (“ADA”) of 1990, the Fair Employment & Housing Act (“FEHA”), the Rehabilitation Act of 1973 (as amended), Government Code section 11135 and other applicable codes, the City of Modesto (“City”) will not discriminate against individuals on the basis of disability in the City’s services, programs, or activities. For more information, please visit the City of Modesto website at https://www.modestogov.com/865/Americans-with-Disabilities-Act-ADA In compliance with the Americans with Disabilities Act, if you need special assistance to participate in this meeting, please contact the City Clerk (209) 577-5396. Notification 48 hours prior to the meeting will enable the City to make reasonable arrangements to ensure accessibility to this meeting.

CONSENT
An item may be removed from consent and discussed at the request of an audience member or committee member.

Consent

1. Consider an Agreement for the Purchase and Implementation of a Construction Project Management Software with e-Builder, Inc., of Sunrise, FL., for a total amount not to exceed $620,183 for a period of five years and forwarding to Council for approval. (Funding Source: Various Capital Improvement Program Projects)  Motion recommending the Award of Proposal and Agreement for a Construction Project Management Software to e-Builder, Inc., Sunrise, FL, for a total amount not to exceed $620,183 for a period of three years, with two oneyear extension options at the written approval of the Director of Engineering Services and forwarding to Council for approval.

ENGINEERING SERVICES; Pete Kambel, 209-577-5444, [email protected] Consent

2. Consider a Pre-Qualified Consultant List for Construction Management and Inspection Services for various Capital Improvement Program Projects for a period of five years, and forwarding to Council for approval. (Funding Source: Various Capital Improvement Program Projects)
 Motion recommending a Pre-Qualified Consultant List for Construction Management and Inspection Services, with Brown and Caldwell, HDR Inc., TRC Companies, and West Yost, for a period of three years with two one-year extension options at the discretion of the Director of Engineering Services and forwarding to Council for approval.

ENGINEERING SERVICES; Pete Kambel, 209-577-5444, [email protected] - 4 -
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Consent

3. Consider the submittal of a Grant Application(s) to the State of California Governor’s Office of Planning and Research and forwarding to Council for approval. (Funding Source: Not Applicable)
 Motion recommending the submittal of Grant Application(s) to the State of California Governor’s Office of Planning and Research and forwarding to Council for approval.

PUBLIC WORKS; Rosene Nguyen, 209-577-5453, [email protected] Consent

4. Consider the submittal of a Grant Application(s) to the State of California Strategic Growth Council and forwarding to Council for approval. (Funding Source: Not Applicable)
 Motion recommending the submittal of Grant Application(s) to the State of California Strategic Growth Council and forwarding to Council for approval.

PUBLIC WORKS; Rosene Nguyen, 209-577-5453, [email protected] Consent

5. Consider accepting a Report on the Bid Results for the Empire Yosemite Boulevard Water Main Crossings Strengthen and Replace Construction Project and forwarding to Council for approval. (Funding Source: Water Fund)
 Motion recommending the approval of a Report on the Bid Results for the Empire Yosemite Boulevard Water Main Crossings Strengthen and Replace Construction Project and forwarding to Council for approval.

UTILITIES; Edgar Vargas, 209-577-5424, [email protected] Consent

6. Consider an Agreement with All Season Lawn Landscaping for Landscape Maintenance Services at Water Wells and Tank Sites, for a total amount not to exceed $450,000 over five years and forwarding to Council for approval. (Funding Source:

Water Fund)
 Motion recommending the Award of Bid and Agreement with All Season Lawn Landscaping, Escalon, CA for Landscape Maintenance Services at Water Wells and Tank Sites, for an estimated annual amount of $90,000 and a total not to exceed $450,000 over five years and forwarding to Council for approval.

UTILITIES; Jeff Daniels, 209-342-4585, [email protected]

ADJOURNMENT
Posted pursuant to Government Code Section 54954.2 on the bulletin board at Tenth Street Place on at by
date time signature
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CITY OF MODESTO

COMMITTEE AGENDA REPORT
DATE OF MEETING:

August 7, 2023
Date: July 17, 2023
TO: Economic Development Committee
Sue Zwahlen, Chair
Chris Ricci, Vice-Chair
Eric Alvarez, Member
THROUGH: Joseph P. Lopez, City Manager
FROM: Toby Wells, Interim Director of Engineering Services / City Engineer SUBJECT: Agreement for Construction Project Management Software System CONTACT: Pete Kambel, Senior Civil Engineer, [email protected], 209-577-5444 DESCRIPTION:

Consider an Agreement for the Purchase and Implementation of a Construction Project Management Software with e-Builder, Inc., of Sunrise, FL., for a total amount not to exceed $620,183 for a period of five (5) years and forwarding to Council for approval. (Funding Source:

Various Capital Improvement Program Projects)
STRATEGIC PLAN ELEMENT:

The recommended action supports the City’s 2020-2025 Strategic Plan Initiatives, Goal D:

Provide safe, efficient, and reliable infrastructure through proactive community investment, maintenance and sustainability efforts.

BACKGROUND:

The Construction Administration group, housed within the Engineering Services Department, provides inspection, management, and administration of the majority of City Capital Improvement Program (CIP) projects from various departments such as: Utilities, Community and Economic Development, and Public Works as well as inspection and invoicing for encroachment permits.

For document management on various CIP projects, the City of Modesto has utilized the “Software-as-a-Service” (SaaS), e-Builder, Inc., dating back to 2016. Since implementation of the software began, it has reduced the amount of paper files for each project, having now created, tracked, and stored files digitally.

While the use of this software has been crucial to aid the City in document management, the contract agreement with e-Builder, Inc. expired on June 30, 2023 and the City will require a consultant firm to provide a construction project management software moving forward. #1..
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DISCUSSION:

With the contract agreement between the City of Modesto and e-Builder, Inc. expiring on June 30, 2023, the Purchasing Division requested bids for a new construction project management software. Modesto Municipal Code Section 8-3.203 generally requires all purchases, which meet or exceed $50,000 for material, equipment, or contractual services to be formally bid. It is imperative to ensure the City is receiving the best and most cost-effective service needed from a construction project management software.

The City’s Construction Administration staff, with input from both the IT department and the Purchasing Division of the Finance Department, developed “RFP 2022-13 Request for Proposal (RFP) for Construction Project Management Software”, which was posted to the City’s advertising site, PlanetBids, on October 25, 2022.

Thirty-seven companies elected to download the RFP document. On December 6, 2022, the City received a total of 12 responsive proposals from different construction project management software firms. No local companies provided a responsive proposal as there are no local companies who can provide the service for a construction project management software.

An evaluation committee, consisting of five (5) City staff members from various departments, evaluated and graded all the submitted proposals from each company. The evaluation committee selected the top four (4) firm proposals to present their software to the committee.

Presentations were held both virtually and in-person on February 7-8, 2023.

Based on being ranked highest in total evaluation criteria, the evaluation committee recommends the award of proposal and contract for the purchase and implementation of a construction project management software system to e-Builder, Inc., Sunrise, FL., for an estimated total cost of $399,568 for a three-year agreement. The agreement includes a provision for two additional one-year extensions with the written approval by the Director of Engineering Services. If exercised, the total cost of the agreement for five years would be $620,180.

The award of proposal and contract for the purchase and implementation of a construction project management software system to e-Builder, Inc., Sunrise, FL., conforms to the Modesto Municipal Code 8-3.203 because the contract was competitively bid, and e-Builder, Inc was ranked highest.

FISCAL IMPACT:

The initial procurement and implementation cost for the first year is a not to exceed amount of $199,464, which includes $82,964 for the year 1 subscription fee, $31,500 for the one-time implementation fee, $10,000 for the year 1 AppXchange fee and $75,000 for the Managed Service fee.

Sufficient funds are budgeted in Fiscal Year 2023-24 to cover the year 1 subscription fee, one time implementation fee, year 1 AppXchange fee and Managed Service fee of $199,464 in cost center 13210 (ENG – Construction Administration).

The annual subscription fees will be budgeted annually in operating cost center 13210. #1..
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Fiscal Year Total
FY 23/24 $199,464
FY 24/25 $97,612
FY 25/26 $102,492
TOTAL $399,568
FY 26/27 (option) $107,617
FY 27/28 (option) $112,998
TOTAL $ 620,183
RECOMMENDED COMMITTEE ACTION:

Staff Recommendations:

Motion recommending the Award of Proposal and Agreement for a Construction Project Management Software to e-Builder, Inc., Sunrise, FL, for a total amount not to exceed $620,183 for a period of three (3) years, with two (2) one-year extension options at the written approval of the Director of Engineering Services and forwarding to Council for approval.

Approved by:

Toby Wells, Interim Director of Engineering Services/ City Engineer
Joseph P. Lopez, City Manager
Attachments:

1. Agreement with e-Builder

2. e-Builder Order Form – Annual Subscription

3. e-Builder Order Form – Year 1 AppXchange and Implementation Fee

4. e-Builder Order Form – Managed Services

5. RFP 2022-13 Request for Proposal (RFP) for Construction Project Management Software #1..
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ORDER FORM
Order Date: Date of the last signature below
Trimble Entity Name
(“Trimble”) and Address:
e-Builder Inc. a Trimble company
13450 West Sunrise Blvd Suite 600, Sunrise, FL
Customer Entity Name
(“Customer”) and Address:

City of Modesto, CA
Billing Contact Name and email Address:

Is a Purchase Order
Required?
Yes or No
Purchase orders issued by Customer are issued for administrative purposes only; terms and conditions contained in any such purchase order shall be null and void.] Is Customer Tax Exempt? Yes or No
Initial Term: 7/1/2023 – 6/30/2026. Customer will have the option to pick up 2 optional years per the Annual Software Subscription Chart.

Validity This Order Form shall expire on 9/15/2023 (the “Validity Date”). If this Order Form is not executed by the Customer by the Validity Date, Trimble reserves the right to not offer the pricing found in the Order Form.

Miscellaneous: The SaaS Annual Amount is based on an Average Annual Capital Spend provided by the Customer. Trimble reserves the right to adjust the Annual Amount accordingly to align with the Customer’s Actual Average Annual Capital Spend. “Annual Capital Spend” means the expenses incurred by Customer to demolish, plan, design, build, repair, remodel and furnish a building or site over a period of one year. “Average Annual Capital Spend” means the average of the estimated next three (3) fiscal years of the Customer’s Annual Capital Spend. Trimble will have the right, during normal business hours and upon at least five (5) days’ prior written notice, to have an independent firm audit the amount of Annual Capital Spend that the customer has incurred. The audit will be conducted at Trimble’s expense, unless it reveals that Customer has not complied in which case Customer will (i) reimburse Trimble for all reasonable costs and expenses incurred by Trimble regarding such audit; and (ii) pay Trimble any annual license fee underpayment disclosed by the audit.
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Annual Software Subscription:

Item Name Year 1
7/1/2023-
6/30/2024
Year 2
7/1/2024-
6/30/2025
Year 3
7/1/2025-
6/30/2026
Year 4*
7/1/2026 –
6/30/2027
Year 5*
7/1/2027 –
6/30/2028
Unlimited Authorized Users based on
a Capital Spend of up to $35Million $82,963.13 $87,111.29 $91,466.85 $96,040.19 $100,842.20 AppXchange $10,000.00** $10,500.00 $11,025.00 $11,576.25 $12,155.06 Total Annual Software Subscription $92,963.13 $97,611.29 $102,491.85 $107,616.44 $112,997.26 *Optional Years
**The Year 1 AppXchange Fee will be invoiced per the payment terms of a separate Order Form. The annual AppXchange Fee will be invoiced with the Customer’s Licensing Fee for all subsequent renewals.

TERMS AND CONDITIONS

1. Terms and Conditions. This Quotation is subject to the Master Services Agreement between Trimble and the Customer, dated 4/5/2016 (“Agreement”).

2. AUTOMATIC RENEWALS. This Order will renew in accordance with the terms of Agreement.

3. Payment Terms. All fees are due NET 30 from the date of the Trimble invoice. ● Annual Software Subscription:
○ Year 1: Trimble will invoice the Year 1 amount of $82,963.13 upon execution of this Order Form. ○ Year 2: Trimble will invoice the Year 2 amount of $97,611.29 upon execution of this Order Form. ○ Year 3: Trimble will invoice the Year 3 amount of $102,491.85 upon execution of this Order Form. ○ Year 4: Trimble will invoice the Year 4, if the Option is picked up, amount of $107,616.44 upon execution of this Order Form.
○ Year 5: Trimble will invoice the Year 5, if the Option is picked up, amount of $112,997.26 upon execution of this Order Form.

4. Annual Price Increase. At each renewal, Trimble has a right to increase the annual fees by the greater of (a) CPI plus two percent (2%) or (b) five percent (5%). "CPI" shall mean for all Urban Consumers, the U.S. City Average, for all items, 1982-84=100 (the “CPI-U”), as published by the Bureau of Labor Statistics, U.S. Department of Labor, and shall be for the prior twelve months as of the date the calculation is made.

5. Data Usage and Ownership.

Customer hereby grants to Trimble and its Affiliates the non-exclusive, worldwide, irrevocable, royalty-free right: (i) to use Customer Data during the Initial Term to provide the Annual Software Subscription to the Customer; (ii) to use and disclose Customer Data as otherwise permitted pursuant to this Order Form or any written consent or instructions of Customer; and, (iii) on a perpetual basis: (A) to create, use, and disclose Anonymized Data for any purpose and (B) subject to the confidentiality obligations in the Agreement, to use Customer Data to develop, maintain, and improve the Annual Software Subscription and any other products, software, and services of Trimble or its Affiliates. Except for Trimble’s use rights set forth in this Order Form, as between the parties, Customer retains all intellectual property and other rights in Customer Data. Trimble owns all rights, title, and interest in Anonymized Data (including, without limitation, any and all intellectual property rights).

For the purposes of this clause:
● “Affiliate” means an entity that, directly or indirectly, owns or controls, is owned or controlled by, or is under common ownership or control with a party, where “ownership” means the beneficial ownership of 50% or more of an entity’s voting equity securities or other equivalent voting interests, and “control” means the power to direct the management or affairs of an entity.
● “Anonymized Data” means any data collected in connection with the Annual Software Subscription (including Customer Data) that has been aggregated and/or de-identified in such a manner that neither the Customer nor any other individual can be identified from the data when it is shared outside of Trimble or its Affiliates. #1..
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● “Customer Data” means any information, documents, materials, or other data of any type that is input by or on behalf of Customer into the Annual Software Subscription or any other Trimble products (“Products”) or that is created or generated by Customer through Customer’s use of the Products.

6. Electronic Invoices. Customer hereby consents to the receipt of invoices electronically at the indicated e-mail address(es) and accepts such invoices as if received by mail. Customer's e-mail address may be changed by written notice given by Customer to Trimble at: [email protected]. Customer is responsible for maintaining a current e-mail address and shall under no circumstances be excused from payment of applicable charges by its failure to access its designated e-mail address.

7. Due Authority. By signing below, the signatory represents that he/she (i) is an authorized representative of Customer and (ii) has the authority to legally and functionally commit the Customer. [Signature Page to Follow]
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ACCEPTANCE
Accepted and agreed:

CUSTOMER:

Signature:

Print Name:

Title:

Date:

TRIMBLE:

Signature:

Print Name:

Title:

Date:
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ORDER FORM

City of Modesto, CA
Billing Contact Name and email Address:

Is a Purchase Order
Required?
Yes or No
Purchase orders issued by Customer are issued for administrative purposes only; terms and conditions contained in any such purchase order shall be null and void.] Is Customer Tax Exempt? Yes or No
Initial Term: 7/1/2023 – 6/30/2024
Validity This Order Form shall expire on 9/15/2023 (the “Validity Date”). If this Order Form is not executed by the Customer by the Validity Date, Trimble reserves the right to not offer the pricing found in the Order Form.

Additional Annual Software Subscription
Item Name Unit of Measure Description Annual Amount
e-Builder AppXchange 5 - Integration Points Subscription associated with integrations described in the SOW
See Addendum 2 for Additional Details
$10,000.00
Total Additional Annual Software Subscription $10,000.00 Professional Services:

Description Price
Total One-Time Integration Services $31,500.00
Addendums:

1. Statement of Work

2. Annual Software Subscription Details
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TERMS AND CONDITIONS

1. Terms and Conditions. This Quotation is subject to the Master Services Agreement between Trimble and the Customer, dated 4/5/2016 (“Agreement”).

2. Payment Terms. All fees are due NET 30 from the date of the Trimble invoice. ● Additional Annual Software Subscription: The Initial Fee for the Additional Annual Software Subscription in the amount of $10,000.00 will be invoiced upon the execution of this Order Form for the Initial Term of this Order Form. Next year’s Additional Annual Software Subscription will be invoiced with the Customer’s existing Annual Software Subscription upon the next renewal date of 7/1/2024.
● One-Time Integration Services: 50% due upon execution of this Order Form and 50% due upon deployment of the AppXchange Integrations into the Customer’s test environment of which e-Builder is integrating into. ● Travel: Travel is not expected for the scope of work described in the SOW. Thus, all work will be done by Trimble remotely.

If Customer requires that Trimble travel, a separate Order Form will be executed to reflect the updated scope and pricing.

3. AUTOMATIC RENEWALS. This Order will renew in accordance with the terms of the Agreement.

5. Electronic Invoices. Customer hereby consents to the receipt of invoices electronically at the indicated e-mail address(es) and accepts such invoices as if received by mail. Customer's e-mail address may be changed by written notice given by Customer to Trimble at: [email protected]. Customer is responsible for maintaining a current e-mail address and shall under no circumstances be excused from payment of applicable charges by its failure to access its designated e-mail address.

6. Due Authority. By signing below, the signatory represents that he/she (i) is an authorized representative of Customer and (ii) has the authority to legally and functionally commit the Customer. [Signature Page to Follow]
#1..
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ACCEPTANCE
Accepted and agreed:

CUSTOMER:

Signature:

Print Name:

Title:

Date:

TRIMBLE:

Signature:

Print Name:

Title:

Date:
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Addendum #1
Statement of Work
This Statement of Work (“SOW”) describes the professional services that Customer has engaged Trimble (collectively “Parties’’) to perform on behalf of Customer. This SOW is integrated into a quote that incorporates the terms and conditions governed by the Parties (the “Agreement”). In the event of any inconsistency or conflict between the terms and conditions of this SOW and the Agreement, the terms and conditions of the Agreement shall govern, unless the SOW expressly identifies the term of the Agreement to be modified. This SOW may not be modified or amended except in writing signed by a duly authorized representative of each Party.
1 One-Time Integration Services
Phase & Deliverables Scope Comments
Project Kickoff & Discovery
Kickoff Discussion Included 2-4 weeks after Order Form execution Deliverable Schedule Included Defined during Kickoff Discussion Data Gathering Guide Included Defined during Discovery
Project Design & Requirements
Solution Document Included Requirements & Solution Design Project Configuration & Testing
AppXchange Integrations Standard See AppXchange Integration Scope #1..
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AppXchange Integration Scope
Trimble Professional Services will conduct an integration discovery session to identify and document the detailed system integration requirements. The scope of the integration is based on information provided by Customer at the time of contract execution and is subject to change based on the detailed requirements.

Integration Methodology
e-Builder AppXchange will be used to integrate and share data between e-Builder Enterprise and NOAA/NWS.

Integration Points
Based on the discussions with the Customer, the Trimble team has identified the following integration data objects:

Integration
Point Number
Integration Data
Objects
Originating
System
Receiving
System
Description of Integration Point(s)
1 Process e-Builder e-Builder Export Dynamic Grid line items from Progress Payment Review process and import into Invoice line items in Progress Payment Approval process.
2 Process NOAA/NWS API e-Builder Import Weather Grid number from National Weather Services API based on GPS Coordinates in Project Details.
3 Process NOAA/NWS API e-Builder Import weather data from National Weather Service API based on Weather Grid number and populate data fields in a new Daily Inspection Report process instance.
4 Process e-Builder e-Builder Import a summary of Daily Inspection Report process instances into Dynamic Grid line items of a new Weekly Statement of Working Days process instance.
5 Process e-Builder e-Builder Query which Daily Inspection Report summaries are missing when recalculating the Dynamic Grid contents in a Weekly Statement of Working Days.

Integration Assumptions
● The integration pricing is based on the discussions and details provided by the Customer at the time of execution of this SOW.

Should additional details or requirements be identified during integration requirements session conducted by the Trimble Project Team, such items may require additional scoping and will require approval by the customer, before being implemented.
● The Customer will configure and maintain the Secure FTP (SFTP) site for batch file transfer, if required for the integration. ● The Customer is responsible for making any configuration, development, programming or reporting changes to their respective internal system in order to support the integration method(s) and templates implemented. ● Any custom development provided under this SOW is in support of the identified Data Objects, which represent individual integration instances between Trimble and the Customer System. Additional integration points, integration instances, or systems not identified in this SOW are subject to a change in scope. #1..
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2 Assumptions
The following responsibilities and assumptions are necessary for the successful completion of the scope of work found in this SOW.

In the event that an item below does not occur in the manner or time-frame defined, Trimble may request to meet with the Customer and mutually agree upon an adjustment to the schedule, work activities and fees. ● The Customer will make best efforts to ensure the committed participation of all appropriate technical and user personnel throughout the project, including but not limited to periodic status reviews. Customer resources provided during the technical and functional sessions must be empowered to make decisions on project direction. ● The Trimble Professional Services team will work jointly with the Customer team to resolve all issues including those impacting the scope and timeline. Issues that may impact the progress and the schedule will be documented. If the issue is critical, Trimble will present the issue to the Customer in writing as quickly as possible. Once the issue is presented in writing the Customer is expected to respond within two (2) business days. If the issue cannot be resolved within two days, they will notify Trimble and arrange a meeting with all relevant personnel to resolve this issue. Failure to do so could impact the cost and schedule of the Trimble implementation project. Trimble may suspend the SaaS Services or terminate this SOW unless Customer signs a SOW providing for additional funding. For purposes of clarity, the delays covered by this Paragraph include only those for which Customer has discretion and control, and specifically excludes matters that are beyond Customer’s discretion and control.
● All necessary content (data, text and graphics) will be provided to Trimble prior to the creative processes (if applicable). ● Unless specifically identified as deliverables within this document, Customer will enter any historical data from past projects to enable historical analysis.
● Unless specifically identified as deliverables within this document, data migration, system integrations or custom development of any kind is not included within the scope of the Trimble implementation project. These items can be included through the change management process if identified as required items. ● All change requests received and approved will be listed on a separate SOW. Each additional SOW must be signed and accepted prior to initiating additional work by Trimble. #1..
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Addendum #2
Annual Software Subscription Details
Annual Software Subscription Details:

AppXchange
The e-Builder AppXchange integration platform includes options to deliver proven, configurable system integrations with pre-built eBuilder API connectors, self-service tools, and an extensible framework that delivers the power and flexibility capital construction owners need to easily solve complex business challenges.

Trimble has partnered with Boomi™, the market leading Integration Platform as a Service (iPaaS), to easily, and cost-effectively, support all application integration needs across a hybrid IT infrastructure.

The e-Builder AppXchange integration platform supports virtually any integration scenario, connecting e-Builder Enterprise to other SaaS applications in the cloud, securely exchanging data with on-premise applications behind your firewall, or any combination of the two. Organizational policy may place certain constraints on or dictate specific approaches for integrating applications. e-Builder AppXchange has the flexibility to accommodate these requirements. e-Builder AppXchange supports integration with cloud applications through both direct API-to-API native integration and integration workflows modeled within the Boomi platform available within e-Builder Enterprise. On-premise application integrations are executed from a small integration runtime engine installed by the customer on their network, where it can reach the target application.

Additionally, as part of purchasing AppXchange, all customers will receive access to the e-Builder Application Programming Interface (API). The use of the API is limited to 5 million calls per quarter. Additional 10 million calls per quarter increments can be purchased separately.

The e-Builder APIs are segmented into two categories: Public and Private. The e-Builder Public APIs are defined at the following URL:
https://api2.e-builder.net/swagger/ui/index# . Any APIs that are not included in the Public API specifications are considered to be Private APIs and are not authorized for use by anyone other than e-Builder employees. #1..
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City of Modesto, CA
Billing Contact Name and email Address:

Is a Purchase Order
Required?
Yes or No
Purchase orders issued by Customer are issued for administrative purposes only; terms and conditions contained in any such purchase order shall be null and void.] Is Customer Tax Exempt? Yes or No
Validity This Order Form shall expire on 9/15/2023 (the “Validity Date”). If this Order Form is not executed by the Customer by the Validity Date, Trimble reserves the right to not offer the pricing found in the Order Form.

Total Annual Managed Services:

Description Price
Managed Services $75,000.00
Addendums:

1. Statement of Work

TERMS AND CONDITIONS

1. Terms and Conditions. This Quotation is subject to the Master Services Agreement between Trimble and the Customer, dated 4/5/2016 (“Agreement”).

2. AUTOMATIC RENEWALS. This Order will renew in accordance with the terms of the Agreement.

3. Payment Terms. All fees are due NET 30 from the date of the Trimble invoice. ● Managed Services: 25% due quarterly in advance. The first 25% payment is due upon the execution of this Order Form. ● Travel: Travel is not expected for the scope of work described in the SOW. Thus, all work will be done by Trimble remotely.

If Customer requires that Trimble travel, a separate Order Form will be executed to reflect the updated scope and pricing.

4. Annual Price Increase. At each renewal, Trimble has a right to increase the annual fees by the greater of (a) CPI plus two percent (2%) or (b) five percent (5%). "CPI" shall mean for all Urban Consumers, the U.S. City Average, for all items, 1982-84=100 (the “CPIU”), as published by the Bureau of Labor Statistics, U.S. Department of Labor, and shall be for the prior twelve months as of the date the calculation is made.
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ACCEPTANCE
Accepted and agreed:

CUSTOMER:

Signature:

Print Name:

Title:

Date:

TRIMBLE:

Signature:

Print Name:

Title:

Date:
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Addendum #3
Statement of Work
This Statement of Work (“SOW”) describes the professional services that Customer has engaged Trimble (collectively “Parties’’) to perform on behalf of Customer. This SOW is integrated into a quote that incorporates the terms and conditions governed by the Parties (the “Agreement”). In the event of any inconsistency or conflict between the terms and conditions of this SOW and the Agreement, the terms and conditions of the Agreement shall govern, unless the SOW expressly identifies the term of the Agreement to be modified. This SOW may not be modified or amended except in writing signed by a duly authorized representative of each Party.
1 Managed Services
Trimble will provide one (1/4) Quarter Time Resource (the “Trimble Managed Services Resource”). The Trimble Managed Services Resource to be assigned to perform Professional Services tasks which include:
● e-Builder Enterprise administration
○ Creation of new user accounts
○ Setting up permissions
○ New process Rollouts
○ General user support
○ Project administration
○ Account maintenance (e.g. role and user clean up)
● e-Builder Enterprise Training and Education
○ Creating and maintaining training materials
○ New user basic training
○ Workflow training
○ Administrator training
○ Training on new features
● Data Analysis
○ Evaluate use of cost management
○ Leverage best practices
● Process Improvement and process roll-outs
○ Provide training on process design
○ Conduct design sessions and requirements documentation ○ Process testing
○ Reporting assistance
○ Report cleanup
○ Create reports and report subscription
○ Dashboard creation and modification
Place of Performance: The Trimble Managed Services Resource will perform the above Professional Services tasks remotely.

Schedule:
● When Customer purchases its Trimble Managed Services Resource under this SOW, The Trimble Managed Services Resource is dedicating 25% of its time to support Customer. Customer is not allowed to transfer any “unused” time from the thencurrent month to future months, assuming the Trimble Managed Services Resource is directed to work by the Customer to work less hours than allotted.
● Scheduled time off for the Trimble Managed Services Resource will be requested and approved according to Trimble’s time off process and policies. The Customer will be notified of scheduled time off requests upon approval. Scheduled time off includes paid time off (“PTO”), holidays, and Trimble sponsored employee events. Customer agrees that the fee includes time for scheduled time off.
● Unscheduled time off for The Trimble Managed Services Resource will be requested and approved according to Trimble’s procedures and policies. The Customer will be informed of unscheduled time off upon approval. Unscheduled time off includes sick leave, medical leave, etc.
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Disclaimer and Non-solicitation:
● The Trimble Managed Services Resource does not include any development hours. If custom development is needed to support the Trimble Managed Services Resource, a separate Order Form will be created. Common custom development items include custom reporting and integration.
● Trimble reserves the right to change the assigned resource and provide a satisfactory replacement. ● During the Term and for a period of two (2) years thereafter, Customer will not, directly or indirectly, employ, offer employment to, or otherwise retain the services of the Trimble Managed Services Resource, without the prior written consent of Trimble.
● Additional Annual Software Subscription: If the Managed Resource completes work that results in Additional Annual Software Subscription Fees on the Customer’s account, an additional Order Form will be created to formalize the change to the Customer’s Account.

Term:
● Trimble shall be afforded ninety (90) days from the time of the full execution of the Order Form (and Purchase Order receipt, if applicable) to provision The Trimble Managed Services Resource. The Term shall be one (1) year from the Start of Work.

Start of Work will occur before project kickoff as there is preparation work needed (such as a project plan). Trimble and Customer will agree on the Start of Work date after execution of the Order Form. ● Sixty (60) days notice prior to the expiration of this SOW is required if Customer wishes to: (1) expire the Trimble Managed Services Resource or (2) change the scope of work of the Trimble Managed Services Resource. Otherwise, the Trimble Managed Services Resource will automatically renew in one-year periods. #1..
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UTILITIES DEPARTMENT
Construction Administration
Division
P.O. Box 642
Modesto, California 95354
209.577.5200
Modestogov.com
October 25, 2022
SUBJECT: RFP 2022-13 Request for Proposal (RFP) for Construction Project Management Software
Dear Proposer:

The City of Modesto (City) is soliciting Request for Proposals (RFP) from prospective bidders for the furnishing of Construction Project Management Software for the City of Modesto, Utilities Planning Department, Construction Administration Operation Division.

If you wish to be considered for this work, please submit one (1) electronic copy and five (5) copies of the proposal and a sealed hard copy of Cost Proposal by 11:00 am, Tuesday, November 29, 2022 to:

City of Modesto
Utilities Department
1010 Tenth Street, 6th Floor, City Clerk
Modesto, California 95353
Attention: Steven Castillo, Assistant Engineer
A selection committee will evaluate all Proposals submitted; however, the RFP does not commit the City to award a subsequent Agreement for Consultant Services, to pay for any costs incurred in preparation or presentation of the Proposal, or to procure a contract for services. Following the selection committee’s evaluation of the Proposals, Proposer interviews will be conducted, and Proposers will be contacted to schedule an interview date before the City selects the consultant for this RFP. The selection considerations for evaluating the submitted documents are included in this RFP.

This RFP contains specific instructions and requirements for preparing and submitting a Proposal.

Due to scheduling, requests to meet with City staff to discuss the request for proposal will not be considered.
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BACKGROUND
The City of Modesto Construction Administration Division seeks a construction project management software system that will help electronically create, distribute, track, and store frequently used construction management documents and processes for capital improvement construction projects. The overall goal for this system is to reduce the burden for tracking statuses, multiple manual entries of data, and manual processing of commonly used construction management documents. The system should also have the ability to create custom reports of status updates for management review, as well as for performance tracking.

The City of Modesto Construction Administration Division consists of 20 full-time staff members that perform the full range of duties required for the management, inspection, administration, and surveying duties for construction of the City’s Capital Improvement Projects (CIP’s). Consultants are also used to augment staff resources to provide construction management services for certain projects depending on staff workload and expertise.

In addition to Construction Administration Division staff, there are approximately 30-40 additional City staff members which will have at least some level of involvement in the management of construction CIP’s. These staff members include design engineers, project managers, maintenance & operations supervisors, and executive management. Typical duties of these staff members would include, but not be limited to, review and response of RFI’s and submittals, financial reporting, or approval of contractor payments and change orders.

The City’s CIP’s typically consist of the following:

1. Utilities: New pipelines, existing pipeline rehabilitation, pump stations, tanks, treatment systems, and wells for water, sewer, and storm drainage infrastructure.

2. Transportation: New streets, existing street reconstruction, traffic signals, transit improvements, bicycle/pedestrian trails.

3. Buildings: Renovations and improvements to existing buildings, as well as construction of new facilities.

The current project workload consists of 36 active construction projects with a total construction value of approximately $60M. This workload will vary somewhat but is relatively consistent with historical and projected workloads. Typical project construction costs will range from as low as $150,000, to as much as $12M, approximately. However, future CIP’s may have construction costs of $50M or more, though projects of this magnitude will not occur very often.

Funding for projects comes from a variety of sources such as local utility and transportation funds, as well as State and Federal grants. The division maintains project construction documentation in accordance with State and Federal grant requirements, depending on the project.

A matrix of common documents and processes used in the management of construction projects is attached to this RFP as Exhibit A. Many of the documents used in the division are created and modified manually using a variety of standard MS Office programs (Excel, Word, Project, Access, etc.) The documents are typically created from MS Word or Excel templates, though a few custom MS Access database programs are used. While email is frequently used to distribute advance copies of documents or to obtain information, most official documents are processed and filed via hardcopy format. Certain documents are accepted by fax, as well. At times, the manual printing and routing of documents can cause them to become missing or difficult #1..
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to track, especially for documents requiring approval from multiple parties. It also can create a burden to print and route documents for approval. Additionally, the use of these different programs for similar functions requires multiple manual entries of the same data, which creates inefficiencies, as well as the potential for errors.

SCOPE OF WORK
The selected proposer’s scope of work shall generally include the following:

1. PROVIDE CONSTRUCTION PROJECT MANAGEMENT SOFTWARE:

The Proposer shall provide detailed information regarding their system as it relates to the following areas:

A. Software Objectives:
• Automatic creation, distribution, storage and tracking of actions and documents.

These could be initiated by an internal or external party, and distributed to a defined user group, depending on the requirements of the particular document.

Resubmittals of revised actions/documents will also be necessary. The respondent’s attention is directed to the matrix of Typical Construction Management.
• Automatic sequential numbering of correspondence and documents. (e.g. RFI #1, Memo #3)
• Electronic approval chains for documents and actions (e.g. Contract Change Orders CCO) and reminders for pending actions.
• Web-based interface to allow input from external parties (RFI’s, submittals from contractors).
• Provides “dashboard” style interface for users and managers and reminders for pending actions.
• Provide differing levels of access based on user credentials. • Automatic creation of weather reports and weekly statements of working days. • Shall have the ability to create reminders based on project status (Labor compliance, 30 working day warnings).
• Shall have the ability to create customized reports of project data such as budget, working days, CCO costs. Reports would be used as status/progress reports for projects, or for tracking of divisional performance measures. • Please identify and provide detailed information on your system’s reporting tool.

The proposer shall complete the “Construction Management Software Objectives” and “CIP Current Software Functions Usage” tables attached to this RFP and submit with their proposal. #1..
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B. Information Technology/System Requirements:

The City of Modesto is looking for Cloud based Software as a Service solution. The proposed solution (system) shall be based upon proven state-of-the-art Cloud based application technologies. This includes a browser-based end user interface, server-side architectures, secure connection between the user layer and using a current standardized programming framework. The browser-based interface of the application shall meet state-of-the-art standards for graphics and design and for speed, reliability, and security for dynamic content and user interaction.

The proposer shall complete the “Software as a Service Requirements Survey”, attached to this RFP, for the complete list of Information Technology technical requirements for this Cloud based solution. This survey is designed to collect and analyze the infrastructure of a Cloud based service that will use any form of data generated by the City of Modesto. The City of Modesto will use this to better understand the design and maintenance of vendor’s critical system infrastructure, system management and security.

C. Desired System Qualities:
• Ease of use.
• Shall have the ability to expand/modify to meet needs of division. • Shall have the ability to conform to current division or industry standard construction management practices.
• Shall have the ability to reduce redundancy/multiple manual entries of the same information.
• Shall have the ability for software usage to conform to current City network and IT policies.
• Shall have the ability to be used with mobile access through tablet or smartphones using currently available mobile technologies.
• Please identify and provide detailed information regarding system’s capabilities to transfer existing documents from old system to new system software. The City currently operates with the construction management software E-Builder. • Please identify if system is capable to move processes from one project to another in the event of an entry error.

D. Product Information:

Proposer shall provide information about the system product pertaining to the following:
• List the specific name and version number of the product proposed. • Provide information describing the product and how it meets the functional objectives and desired qualities specified in this RFP. List what functional objectives are not met with the product.
• Provide information describing the product’s technical system requirements and how it meets the City of Modesto Information Technology (IT) requirements. #1..
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E. Proven System Application:

The Proposer shall provide in detail successful product implementation and use for similar functions at similar agencies performed within the last five (5) years. Please provide agency name, primary contact information, product name and version and length of implementation.

2. PROVIDE TRAINING AND IMPLEMENTATION SERVICES:

The Proposer shall provide a detailed technical and management approach to implementing the software at the City of Modesto, as well as for training and post-implementation support. Be descriptive, and include an estimate of labor hours, schedule, frequency and duration of site visits.

3. PROVIDE ONGOING MAINTENANCE AND SUPPORT SERVICES:

The Proposer shall provide ongoing maintenance and support during the contract period including, but not limited to: Troubleshooting, version upgrades, software patches, and technical support.

CONTENTS AND REQUIREMENTS OF THE PROPOSAL
The City is seeking Proposals as one single package from firms that demonstrate experience and technical support in providing a construction project management software with similar scope to the described project components.

To simplify comparisons during evaluation, information submitted shall be provided in the order listed in this RFP.

Each submittal shall include the following:

1. COVER LETTER:

Provide a brief cover letter that includes the title of this RFP and also indicating your firm’s intent to provide a proposal for the Scope of Work identified in this RFP. Include the name and contact information for the primary Point of Contact. All questions and correspondence will be directed to the Primary Point of Contact. At a minimum, include the individual’s name, title, company name, address, phone number, fax and email address.

2. FIRM INFORMATION:

Furnish background information about your firm, including date of founding, legal form (i.e. sole proprietorship, partnership, LLC, corporation/state or incorporation), number and location of offices, principal lines of business, number of employees, days/hours of operation and other pertinent data. Disclose any conditions that may affect the Proposer’s ability to perform contractually.

If your organization is a subsidiary or division of a parent firm, provide similar background information on the parent firm and identify any other affiliated companies. #1..
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Provide the same information for any sub-consultants or sub-vendors, including a complete description of services or product to be provided. Please also provide a minimum of three references, providing the same information requested in the “References” section of this RFP.

Proposing company shall have been in business for a minimum of five (5) continuous years (immediately prior to the time of the RFP submittal date) providing the types of services requested in this RFP. A company history statement shall be prepared on a company letterhead and provided as part of this proposal.

3. ADDITIONAL INFORMATION:

Provide any additional information you feel the City should know in evaluating your firm to perform the Scope of Work identified in this RFP.

4. REFERENCES:

All Proposer’s must provide and submit a list of three (3) current or former clients in the “References” table included within this RFP, identifying prior experience with the same type of software and services requested by the City under Scope of Work. References shall have similar requirements to those outlined in these specifications, terms and conditions. Proposer’s failing to provide references shall be deemed unacceptable.

The City may contact some or all of the references provided in order to determine the Proposer’s performance record on services similar to that described in this proposal. The City reserves the right to contact references other than those provided in the response and to use the information gained from them in the award process.

5. COST PROPOSAL:

The Proposer shall provide, in a separately sealed and clearly marked envelope, the Proposer’s fee schedule. The proposer shall complete the “Pricing Schedule” (single user and multiple users) tables located within this RFP and include with their cost proposal.

It is the policy of the City of Modesto, when not prohibited by the funding source that all other factors being equal, local firms whose qualifications are satisfactory and who have sufficient experience and capabilities for providing the necessary professional services shall normally be given priority in being considered for employment by the City. The location of any sub-consultant firms proposed by the consultant will also be considered when applying this policy.

Requests for Clarifications, Corrections or Modifications of the Request for Proposals Any requests for clarifications, corrections or modifications of this RFP shall be submitted by email to Steven Castillo, at [email protected] by November 8, 2022. Responses from the City will be communicated in writing to all recipients of this RFP by November 15, 2022. The City of Modesto reserves the right to reject any Proposal that contains unauthorized conditions or exceptions.
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Proposal Due Date
Proposals must be received by City prior to 11:00 a.m. on Tuesday, November 29, 2022.

Proposals received after the above specified date and time will be returned unopened. Cost proposals shall be delivered in a separately sealed envelope, clearly marked “Cost Proposal”.

Proposals delivered in person or by mail shall be submitted to the following:

City of Modesto
City Clerk’s Office on behalf of the Utilities Department 1010 Tenth Street, 6th Floor
P.O. Box 642
Modesto, CA 95353
Attention: Steven Castillo, Assistant Engineer
Identification of Proposals
Proposers shall submit one (1) electronic copy and five (5) copies of its proposal addressed as shown above, bearing the firm’s name and address and clearly marked as follows:
“Proposal for City of Modesto
Construction Project Management Software”
Agreement
Following RFP final scoring, negotiations will begin with the selected firm. If agreement cannot be reached in negotiations, the City will begin negotiations with the firm that placed second in the evaluation process to the selected firm. If the City determines to approve the agreement, a City of Modesto Standard Agreement shall be sent to the successful firm for signature. If an agreement is reached, the Standard Agreement will be presented to Council for approval. Once City Council has approved the Standard Agreement, the agreement will be executed by the City.

No proposal shall be binding upon the City until after duly authorized representatives of both the firm and the City have signed the Standard Agreement. The City shall have the sole authority to terminate negotiations with any firm at any time without recourse by the firm. The approval of agreement, if made by the City, will be based on a total review and analysis of each proposal interview.

A sample City of Modesto Standard Agreement is included within this RFP for your reference. Please review the sample agreement carefully with your legal and/or insurance representative.

Firms are REQUIRED to submit any questions, concerns or language change requests regarding this agreement, in writing, in the Proposal. Note: Firms choosing not to provide any comments in writing included in the Proposal are assumed to agree with the agreement in its entirety, as written, no exceptions.
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Term of Contract
The term of the contract shall be for a period of one year, with four (4) one-year extension options at the sole discretion of the City of Modesto, for a total of five (5) years.

Conflict of Interest/City Business License
The City requires that firm file a Statement of Economic Interest Form 700 with the City to the satisfaction of the Fair Political Practices Commission (FPPC) when the firm provides information, advice, recommendations or counsel to the City. Before the City enters into an agreement for services with the selected firm, the firm will be required to report individual economic interests within the City of Modesto on the following:

1. Real Property Interest (geographically limited)

2. Sources of Income

3. Business Positions

4. Business Investments
The selected firm is also required to submit a completed and signed Financial Interest Disclosure Form and will have a City of Modesto business license.

SELECTION PROCESS
All proposals submitted will be reviewed by a City of Modesto evaluation committee. At the completion of the proposal review, finalists will be asked to provide an in-depth presentation to the City of Modesto, either in-person or virtual. The committee will select the proposal which best fulfills the City’s requirements and represents the best value to the City of Modesto as determined by the evaluation committee. No single factor will determine the final award decision.

1. EVALUATION CRITERIA:

The criteria that will be evaluated for the proposal will include the following:

A. References
B. Software Objectives
C. Information Technology/System Requirements
D. Desired System Qualities
E. Proven System Application
F. Training and Implementation of System
G. Product Information
H. Cost
• Software Purchase and Subscription Cost
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• Implementation Cost
• Training Cost
• Other Cost (if applicable)

2. EVALUATION PROCESS:

Proposals shall be evaluated using a three (3) step process:

A. Level 1 – Initial Review: The City shall perform an initial responsiveness review to determine compliance of the RFP requirements. Proposers that do not meet the RFP requirements shall be deemed non-responsive and/or/non-responsible to this RFP and will receive no further consideration.

B. Level 2 – Proposal Content and Cost Ratings: Proposals that meet the Level 1 Review shall be evaluated based on the evaluation criteria “Proposal Evaluation Criteria”.

Proposer submittals shall be evaluated and scored. Proposer cost information shall be evaluated as part of Level 2 evaluation process.

C. Level 3 – Short List (Oral Presentations): At the sole discretion of the Evaluation Committee, a “short list” of proposers may be developed of the highest rated written submissions, based on Level 2 rankings. These proposers would be invited for an interview and asked to provide a live or virtual, scripted product demonstration. Final scoring of “short list” proposals shall be completed upon the conclusion of presentations.

FIRM’S FINANCIALS
The prospective firm(s) selected for interview will be required to deliver one (1) sealed copy of their firm’s financials demonstrating solvency in a separate envelope. Deliver firm’s financials to the City of Modesto, Clerk’s Office, clearly marked with the firm’s name and “Construction Project Management Software”, on the day of the scheduled interview. Only the financials for the consultant selected as the most qualified will be opened and reviewed by the Director of Finance.

The City reserves the right to reference financials as a basis of non-selection. Financials submitted by consulting firms not selected for an agreement, will not be opened and will be returned to the respective firm.

RIGHTS OF THE CITY OF MODESTO
The City will evaluate all proposals submitted, but this RFP does not commit the City of Modesto to approve an agreement, to pay for any costs incurred in preparation or presentation of a Proposal, or to procure an agreement for services. The City reserves the right to:
• Make the selection based on its sole discretion;
• Accept or reject any and all Proposals, or any item or part thereof, or to waive any informalities or irregularities;
• Withdraw this RFP at any time without prior notice, and the City makes no representations that any agreement will be approved with any firm responding to this RFP;
• Issue subsequent RFP;
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• Postpone Proposal opening for its own convenience;
• Approve or disapprove the use of particular subconsultant; • Negotiate with any, all, or none of the firms submitting a Proposal; • Enter into an agreement with another firm in the event the originally selected Proposer defaults or fails to execute an agreement with the City.

PROPOSAL SELECTION PROTESTS

1. An interested party wishing to protest or appeal a decision to select a proposal and consultant for an agreement for professional services by the City of Modesto must follow these procedures. Protests or appeals, which are not submitted in accordance with these procedures, will not be reviewed.

2. A protest to an announced decision to select a proposal and consultant for an agreement for professional services must be filed no later than 10 business days after an Announced Decision is provided.

3. Protests are to be delivered to the following address: City of Modesto, Office of the City Clerk, 1010 Tenth Street, Suite 6600, Modesto, California, 95354. Attn: Director of Utilities

4. For the purposes of the Protest Procedures, the following terms are defined:

A. “Filing Date” or “Submission Date” means the date of receipt by the City Clerk of the City of Modesto.

B. “Interested Party” means an actual or prospective proposing consultant, or any subconsultant identified by name in any bid.

C. “Proposal” includes the term “offer” or “proposal” in the context of formal procurements.

D. “Announced Decision” means that notifications (either written or electronic) of selection or non-selection have been provided to consultants that have submitted a proposal. The date of notification shall be the date of the decision.

E. “Days” means working days in which City Hall is open for business, excluding holidays and weekends.

5. PROTEST PROCEDURES
A. Any interested party must file a written protest to an announced decision to award a contract with the City Clerk no later than 10 business days after the Announced Decision.

B. Protestors may be represented by legal counsel at their own expense if they wish. #1..
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C. The protest shall be accompanied by a certified check or cashier’s check in the amount of $100, (EXCEPT FEDERALLY FUNDED PROJECTS), made payable to the Clerk of the City of Modesto. Protests filed without the requisite fee will not be reviewed.

D. The protest filed with the City Clerk shall:
• Include the name, address, and business telephone number of the protestor; • Identify the project under protest by name, and proposal due date; • Contain a concise statement of the grounds for protest; • Include all supporting documentation, if any. Documentation submitted after filing will not be reviewed.

6. PROTEST REVIEW (ANNOUNCED DECISION)
A. Protest to Director of Utilities
B. Upon receipt of a protest, the Director of Utilities, or designee, shall review all the submitted materials and shall create and retain a written record of the review. The Director of Utilities, or designee, shall respond at least generally to each material issue raised in the protest no later than 10 business days after the City Clerk’s receipt of the protest. Notice of the Utilities Director’s, or designee’s, decision may be given by telephone, email, facsimile machine, in person, or by U.S. Postal Service.

C. Appeal to Deputy City Manager
• The Utilities Director’s, or designee’s, decision may be appealed in writing to the City of Modesto’s Deputy City Manager no later than 10 business days after Notice of Decision is sent to the protestor. The Deputy City Manager shall review the appeal, accompanying supporting documents, if any, and the written record of the protest review by the Director of Utilities, or designee. • A written record of the Deputy City Manager’s review shall be created and maintained. The Deputy City Manager shall give notice in writing of his or her decision to the protestor within 15 business days after City Clerk’s receipt of appeal.

D. Appeal to City Council
• Any protestor excepting to the decision of the Deputy City Manger may appeal in writing to the City Council by filing with the City Clerk a written notice of such appeal no later than 15 business days after receipt of the Deputy City Manager’s decision. The City Clerk will schedule the protest for Council hearing and give notice of the time and place of the hearing as provided in Modesto Municipal Code Sections 1-4.01 through 1-4.05.
• The City Council is the highest authority of the City of Modesto. It is possible that the City Council may reverse the decision of any City staff member at the hearing. After City Council review and decision, no internal appeal is possible. #1..
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SUBJECT: Request for Proposals (RFP) for Construction Project Management Software

Page 12 of 12 ends

PROJECT SCHEDULE
Event Date
Proposal Issued October 25, 2022
Written Questions Due November 8, 2022
Addendum Issued (if required) November 15, 2022
RFP Due Date BEFORE 11:00 A.M. on Tuesday, November 29, 2022 Interviews December 2022
Council Award January 2023
If you have any questions regarding this RFP, please feel free to contact me, email is the best manner to reach me. Thank you in advance, for your interest in our project.

Sincerely,
Steven Castillo
Assistant Engineer
Utilities Department – Construction Administration Division [email protected]
Office: 209-341-2916

ATTACHMENTS
The attachments below are included for your review and submittal:
• Attachment 1: Construction Management Software Objectives Table • Attachment 2: CIP Current Software Functions Usage Table • Attachment 3: Software as a Service (SaaS) Survey
• Attachment 4: References Table
• Attachment 5: Pricing Schedule (Single/Multiple Users) • Attachment 6: Sample Agreement
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ATTACHMENT 1:

CONSTRUCTION MANAGEMENT

SOFTWARE OBJECTIVES TABLE
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CONSTRUCTION MANAGEMENT SOFTWARE OBJECTIVES
Proposer shall complete this page and submit with their proposal.

Please place one “X” in the appropriate column for each of the Functional Objectives and Desired Qualities:

Functional User
Requirements/Features
Available
Out of the Box Custom
Future
Development Not Available Comments
Automatic creation,
distribution, storage and
tracking of actions and
documents. These could be
initiated by an internal or
external party, and
distributed to a defined user
group, depending on the
requirements of the particular
document. Resubmittals of
revised actions/documents
will also be necessary.

Automatic sequential
numbering of
correspondence and
documents. (e.g. RFI #1,
Memo #3)
Electronic approval chains
for documents and actions
(e.g. Contract Change Orders
CCO) and reminders for
pending actions.

Web-based interface to allow
input from external parties
(RFI's, submittals from
contractors).

Provides "dashboard" style
interface for users and
managers and reminders for
pending actions
Provide differing levels of
access based on user
credentials.

Automatic creation of
weather reports and weekly
statements of working days.

Ability to create reminders
based on project status.
(Labor compliance, 30
working day warnings).

Ability to create customized
reports of project data such
as budget, working days,
CCO costs. Reports would
be used as status / progress
reports for projects, or for
tracking of divisional
performance measures
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ATTACHMENT 2:

CIP CURRENT SOFTWARE FUNCTIONS

USAGE TABLE
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CITY OF MODESTO

CONSTRUCTION ADMINISTRATION DIVISION

TYPICAL CONSTRUCTION MANAGEMENT DOCUMENTS AND FUNCTIONS October 25, 2022
Document / Function Notes
Static Document
Standard Form
Regularly Recurring
Requires External Party Input
Requires Review / Resubmittal /
Approval
Internal Report
Director
Deputy Director
Senior Project Manager
Project Manager/Designer
Inspector
External Party (contractor / consultant)
Analyst/Finance
Administration/Clerical
Available Out of the Box
Custom Developed
Future Development
Not Available
Comments
Plans, Specifications & Contract X X XPermits, Environmental Documents, Agreements X X X
Certificates & Insurance X X X XConsultant Agreement X X X X XEmergency Contacts Number Form X X X XProject Personel List X X X XPreconstruction Meeting Agenda X X X Notice to Proceed X X X X
Schedules X X X X X X X X
Request For Information (RFI) & Log X X X X X X X XSubmittals & Log X X X X X X X X Potential/Contract Change Order & Log X X X X X X X X X X XSubcontracting Request / Substitution Forms X X X X X X X X X X Staking Requests / Cutsheets X X X X X X X
Material Test Results X X X X X XMeeting Agendas / Notes X X X X X X Correspondence / Transmittals X X X X X X X X
Inspector Daily Reports / RE Diaries
Prepared on daily basis. Typically filed, though may be reviewed by supervisor & revised as necessary.

X X X
Weekly Statement of Working Days
Uses standard working day calendar,
computes working days used / remaining, includes additional days from CCO's, weather days, issued to contractor on weekly basis

X X X X X
Weather Reports
Obtain weekly weather data from NOAA (or other recognized source), issue report from prev. week

X X X X
Field Clarification & Log X X X X X
Field Order & Log X X X X XCorrection Notice & Log X X X X XStop Notice & Log X X X X X X User Approval/Input Document / Function Type
Typically provided at beginning of project. May be in hardcopy or pdf form. May be amended at times, but would remain relatively constant.

Typical Construction Management Documents / Functions Mark "X", as applicable, and add any comments, as approriate.

Initiated /submitted by internal or external party, distributed for review & comment, response provided to contractor, resubmittals as req'd. Some documents may simply be reviewed and filed w/ no approval process req'd.Standard forms, typically filed and/or distributed to multiple parties.Typically initiated by internal staff and distributed to contractor, may also be sent to additional parties. #1..
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CITY OF MODESTO

CONSTRUCTION ADMINISTRATION DIVISION

Consultant Progress Payment X X X X X X X X X XProgress Payment X X X X X X X X X X Labor Compliance Interviews X X X X X X X
Labor Compliance --Certified Payrolls X X X X X X XDBE Monitoring X X X X X X XPunchlist X X X X X X X Beneficial Use / Substantial Completion Letter

X X X X X X X
Claims
Documents would typically be standard correspondence forms (letters). Process would require input from multiple parties, and may not be suited for software application. Software could provide benefit for filing & document retrieval purposes.

X X X X X X X X X X
Project Closeout Report / Package X X X X X X X X X X XProject Final Report Log (Grant Billing) X X X X X Performance Measurements and ReportingCCO Expenditures
Tabulate CCO costs from multiple active & completed projects. Compare to cost of construction contract for individual projects to measure against benchmark %'s.

X
Staff Costs / Budget Performance
Extract and tabulate staff charge data for multiple projects to compare to established targets or budgets.

X
Request/invoice initiated by consultant or contractor, reviewed by staff, comments provided to contractor, resubmittals as necessary. Distributed for approval to management prior to payment.Standard State / Federal forms & processes. Hardcopies may be required.Standard forms, typically filed and/or distributed to multiple parties. May require finalization prior to distribution.Compilation of information from multiple sources (material test logs, working days, payments, CCO's, contractor provided documents). #1..
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CITY OF MODESTO

CONSTRUCTION ADMINISTRATION DIVISION

Active / Completed Project Summaries (Weekly, Monthly, Quarterly, Annually) Extract and tabulate data from
multiple projects such as expenditures, payments, working days, CCO's, and status update notes to provide a user-defined summary report of selected projects.

X
Workflow Item Summary Reports
Extract total occurrence of specific
types of workflow items performed for multiple projects. Provide userdefined data for those items. (Example: Provide total number of progress payments issued for each project in current FY and sort by amount)
X
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ATTACHMENT 3:

SOFTWARE AS A SERVICE (SAAS) SURVEY
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1. Hosting Provider & Data Location Comments

1.1 Who is the hosting provider?1.2
Where is the hosting location? Country, State? Please note, the primary hosting sites and IPs must be located within the United States. Redundant failover hosting sites may be located off shore in case of temporary emergency hosting.

1.3 What type of infrastructure is used? Hardware, software, operating systems, technology platform?1.4 Where is the primary data being stored? In order to comply with local, privacy and regulation requirements?1.5 Where is the backup data being stored?1.6 What type of network bandwidth is available? What options are available for dedicated bandwidth?1.7 What type of scalability is provided for additional computing power - CPU, RAM, Storage? Costs? Time to implement?

2. Data Access, Security, Segregation & Encryption Comments

2.1 Is the computing environment dedicated or shared? Does the city have any input with this decision?2.2 If shared environment, how is data segregated from other shared environments?2.3 What type of data architecture is implemented? Diagrams?2.4 How is security managed in the shared environment? What controls are in place?2.5 Who has access to the infrastructure, hardware, software, data? Define roles, responsibilities, profiles, hiring practices.2.6 What application & data access audit logs are available? How often do you access logs?2.7 How is the primary data encrypted? What encryption schemes are used? Who has access to the decryption keys? How often is it tested?

2.8 How is the backup data stored? Is the data in raw files or encrypted format? What locations are the backup data stored? Who has access to the backup files?2.9 What type of notification do you supply to the City in the event of a security breach? What type of investigative support is provided in cases of breach?

2.10 In the event the Vendor is acquired, sold or dissolved? What options are available to get the data? Who assumes the cost of data retrieval? How is data wiped out of the environment?

3. Business Continuity & Disaster Recovery Comments

3.1 What type of business continuity & disaster recovery options are available? Is this part of the standard service?

3.2 Where are the DR data centers located?3.3 Describe the disaster recovery process.3.4 If the primary environment is down, how quickly can the DR environment be made active either in the primary or the DR data center?

CITY OF MODESTO

CONSTRUCTION ADMINISTRATION DIVISION

SOFTWARE AS A SERVICE SURVEY
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CITY OF MODESTO

CONSTRUCTION ADMINISTRATION DIVISION

SOFTWARE AS A SERVICE SURVEY

4. Identity Management, Security & Single Sign-on Comments

4.1 What type of identity management solution is provided?4.2 Is single sign-on (SSO) provided? What types of SSO options are available?4.3 What type of user security, authentication and authorization options are available?

5. Standards, Policies, Procedures & Frameworks Comments

5.1 How do you manage projects internally?5.2 What type of professional services do you offer to implement and support the SaaS application? PM resources? Skills? Certs?

6. Integration & APIs Comments

6.1 What type of APIs and web-services are available to pull and push data?6.2 Are the APIs secured and encrypted?6.3 Is there an option to access the data directly from the database?6.4 Describe the processes required for application integration with other systems (on-premise or SaaS).

7. Support & Maintenance Comments

7.1 What type of support is provided? Self-service, email, phone?7.2 What are the support times? 24x7, 5 days a week?7.3 What are the support SLA's? Critical, Urgent, High & Low issues / requests?7.4 Who provides the support desk (in house or third party) and where are they located? How many employees are part of the support desk?7.5 What type of system monitoring and alerting do you provide?7.6 What type of integration support is provided?7.7 Is there a dedicated support manager and account rep?7.8 Are upgrades and patches to the application and servers included in your hosting services?7.9 How are upgrades, patches and other maintenance communicated to the City and performed?7.10 Does the City have any control on applying patches, upgrades and changes to the SaaS app? #1..
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CITY OF MODESTO

CONSTRUCTION ADMINISTRATION DIVISION

SOFTWARE AS A SERVICE SURVEY

8. Service Level Agreements (SLAs) Comments

8.1 What SLAs are available - reliability, availability, performance, issues, requests etc.? Penalties?

8.2 What types of credit are available if SLAs are not met?8.3 Is there a regular meeting (monthly/quarterly) to review the SLAs, issues, requests?8.4 How are issues escalated if the SLAs are not complied? Who can we escalate to in the management team?8.5 Do you provide 99.9% uptime after exclusion of scheduled maintenance?

9. Vendor Management, Product Road-map & Viability Comments

9.1 What is the organization structure? How many employees? Where are they located?9.2 How many employees are there in the product development & support team?9.3 What is the product road-map and strategy?9.4 How is the product strategy managed? Competition, Market, Positioning, customer requirements? How is this communicated and how often?9.5 How do you accommodate customer requirements into the product strategy? Is there a customer advisory council?

10. Functional Comments

10.1 What framework is the application developed in?10.2 Are there any needed 3rd party applications/add-ons in order to have full functionality?10.3 Does the application support all major browsers?10.4 Does the application have a mobile component? Application or responsive site? #1..
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ATTACHMENT 4:

REFERENCES TABLE
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REFERENCES
REQUEST FOR PROPOSAL AND SPECIFICATIONS NO. 1415-24

CONSTRUCTION PROJECT MANAGEMENT SOFTWARE
All proposers must provide a list of three (3) current or former clients in the area provided below, identifying prior experience with the same type of software and services requested by the City under Scope of Work.

References shall have similar requirements to those outlined in these specifications, terms and conditions.

Proposer’s failing to provide references shall be deemed unacceptable.

The City may contact some or all of the references provided in order to determine the Proposers’ performance record on services similar to that described in this proposal. The City reserves the right to contact references other than those provided in the response and to use the information gained from them in the award process.

Company Name:

Address:

City, State, Zip Code:

Contact Person:

Email Address:

Telephone Number:

Type of Business:

Date of Service:

Specific product name
and version provided
Annual Contract Value $
Company Name:

Address:

City, State, Zip Code:

Contact Person:

Email Address:

Telephone Number:

Type of Business:

Date of Service:

Specific product name
and version provided
Annual Contract Value $
Company Name:

Address:

City, State, Zip Code
Contact Person:

Email Address:

Telephone Number:

Type of Business:

Date of Service:

Specific product name
and version provided
Annual Contract Value $
Company Name (Proposer):
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ATTACHMENT 5:

PRICING SCHEDULE (SINGLE/MULTIPLE
USERS)
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PRICING SCHEDULE
REQUEST FOR PROPOSAL AND SPECIFICATIONS NO. 1415-24

CONSTRUCTION PROJECT MANAGEMENT SOFTWARE
Pricing Scenario #1
License (1 User)
Item Quantity Unit Unit Price Total Price Taxable
(Y or N)
Construction Project Management
Software Program 1 System $______________ $______________ License (1 User) 1 Each $______________ $______________ Implementation Fees 1 Lot $______________ $______________ Training Fees 1 Lot $______________ $______________
Other Fees (if applicable) 1 Lot $______________ $______________ System Maintenance Support:
(Year One) 1 Year $______________ $______________
System Maintenance Support:
(Year Two) 1 Year $______________ $______________
System Maintenance Support:
(Year Three) 1 Year $______________ $______________
System Maintenance Support:
(Year Four) 1 Year $______________ $______________
System Maintenance Support:
(Year Five) 1 Year $______________ $______________
Sales Tax at 7.875% 1 Lot $______________ $______________ Total Cost: $______________
Cost Breakout
Implementation Fees: