Agenda packet — Safety and Communities Committee, August 12, 2024 (part 1 of 2)

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www.modestogov.com
AGENDA
City of Modesto

SAFETY AND COMMUNITIES COMMITTEE

COUNCIL WORKSHOP
2001-40 Del Puerto Room.

Tenth Street Place, 1010 10th Street
Modesto, California
Monday, August 12, 2024 at 4:00 PM
Roll Call: Rosa Escutia-Braaton, Chair
Jeremiah Williams, Vice-Chair
Chris Ricci, Member
Alternates: Eric Alvarez, Nick Bavaro, David Wright, Sue Zwahlen 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. * Public Comment will only be in-person. Members of the public who wish to address the Committee, by providing public comment, during the meeting must do so in-person in the 2001-40 Del Puerto Room. As an alternative, members of the public may also provide written public comment submitted via email as indicated in the Submitting Comments by Email instructions on this agenda. Zoom will still be available for viewing and Wordly translation. *Members of the public will be allowed to provide public comment through Zoom if a Committee Member is participating remotely pursuant to the provisions of Assembly Bill 2449. *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.
“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.
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"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.

You may observe a livestream of the meeting at http://media.modestogov.com. You may also view or listen to the meeting as indicated below.

THE MEETING CAN BE VIEWED BY ZOOM VIDEO

CONFERENCING OR TELEPHONE
Joining the Committee meeting via Zoom
The City of Modesto is now offering the ability to view Committee meetings via telephonic conferencing via “Zoom” video conferencing computer technology. The meeting may be accessed through the use of Zoom using the following options:
 Enter the following link into an Internet Browser
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To use Zoom, please visit: https://zoom.us/ and either sign-up for a free Zoom account or continue as a guest. Once you have downloaded the app onto your mobile device, joined from your web browser, or downloaded the Zoom software on your computer you will be ready for the upcoming Committee meeting.

Joining the Committee meeting via Telephone
If you don’t have a smart phone or computer to access the meeting via Zoom, you can listen by phone, by calling 1-877-853-5257 (Toll Free) or 1-888-475-4499 (Toll Free) and enter the Webinar ID 869 4597 0570 Passcode 84326

PUBLIC COMMENTS IN PERSON
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.

SUBMITTING COMMENTS BY E-MAIL
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 - 2 -
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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.

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.

Materials related to an item on this Agenda submitted to the Council after distribution of the agenda packet are available for public inspection in the Clerk’s office during normal business hours. Such documents are also available online, subject to staff’s ability to post the documents before the meeting, at the following website www.modestogov.com/councilmeetings 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
Any and all of the following agenda items are subject to action by the Modesto City Council.

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.

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 with the State of California Office of Emergency Services to temporarily house and maintain a Type 1 Fire Engine and its associated equipment and forwarding to Council for approval. (Funding Source: General Fund)  Motion recommending an Agreement with the State of California Office of Emergency Services to temporarily house and maintain a Type 1 Fire Engine and its associated equipment and forwarding to Council for approval.

FIRE DEPARTMENT; Jerardo Avila, 209-572-9590, [email protected] - 3 -
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Consent

2. Consider the City’s sponsorship of the 2024 International Heritage Festival for $5,080 in in-kind support and $2,650 in monetary contributions and forwarding to Council for approval. (Funding Source: General Fund)
 Motion recommending the City’s sponsorship of the 2024 International Heritage Festival for $5,080 in in-kind support and $2,650 in monetary contributions and forwarding to Council for approval.

PRN; Diane Sheatsley, 209-577-5418, [email protected] Consent

3. Consider a First Amendment to the Cell Tower Site Lease Agreement at the Sutter Avenue Wastewater Treatment Facility with New Cingular Wireless, PCS, LLC, to increase the lease area by an additional 150 square feet and to extend the maximum term of the Agreement through June 24, 2043, and forwarding to Council for approval. (Funding Source: Cell Tower Facility Rental Revenue)
 Motion recommending a First Amendment to the Cell Tower Site Lease Agreement at the Sutter Avenue Wastewater Treatment Facility with New Cingular Wireless, PCS, LLC, to increase the lease area by an additional 150 square feet and to extend the maximum term of the Agreement through June 24, 2043, and forwarding to Council for approval.

PRN; Nathan Houx, 209-571-5526, [email protected]
Consent

4. Consider the application and issuance of a Permit to operate as a Non-Emergency Medical Transport Company to Trauma Life Care Medical Transport in the City of Modesto and forwarding to Council for approval. (Funding Source: General Fund)  Motion recommending the application and issuance of a Permit to operate as a Non-Emergency Medical Transport Company to Trauma Life Care Medical Transport in the City of Modesto and forwarding to Council for approval.

POLICE DEPARTMENT; Kalani Souza, 209-572-9500, [email protected] Consent

5. Consider a Purchasing Agreement with Streetlight Data Inc. of San Francisco CA, for Travel Time Bluetooth Data Services for collecting and observing vehicle circulation around Modesto for a total amount not to exceed $140,000 over a four-year agreement and forwarding to Council for approval. (Funding Source: Congestion Mitigation and Air Quality)
 Motion recommending a Purchasing Agreement with Streetlight Data Inc. by utilizing the Competitive Bid Process with National Intergovernmental Purchasing Alliance (National IPA), SCAG, for the Travel Time Bluetooth Data Services, for a four-year Agreement not to exceed $140,000; and forwarding to Council for approval.

PUBLIC WORKS; Max Navarro, 209-571-5116, [email protected] Consent
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6. Consider an Agreement with Swarco McCain Inc. of Vista CA for integrating signal performance metrics for the Automated Traffic Signal Performance Measures for a total amount not to exceed $131,670 and forwarding to Council for approval. (Funding Source: Congestion Mitigation and Air Quality)
 Motion recommending the Award of Proposal and Agreement for integrating signal performance metrics for the Automated Traffic Signal Performance Measures to Swarco McCain Inc. of Vista CA for a two (2) year agreement with five (5) one-year extension options for total and total amount not to exceed $131,670 over the life of the Agreement and forwarding to Council for approval.

PUBLIC WORKS; Max Navarro, 209-571-5116, [email protected]

NEW BUSINESS

7. Consider an Agreement with Axon Enterprise, Inc., Scottsdale, AZ, for Fusus RealTime Public Safety Operations Solution for a total amount not to exceed $410,000 and forwarding to Council for approval. (Funding Source: Police Grants, Supplemental Law Enforcement Services Fund)
 Motion recommending the Sole Source Agreement with Axon Enterprise, Inc., Scottsdale, AZ for Fusus Real-Time Public Safety Operations Solution for three-year Agreement, for a total amount not to exceed $410,000.00; and forwarding to Council for approval.

POLICE DEPARTMENT; Cathy McFadon, 209-572-9500, [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 12, 2024
Date: July 19, 2024
TO: Safety and Communities Committee
Rosa Escutia-Braaton, Chair
Jeremiah Williams, Vice-Chair
Chris Ricci, Member
THROUGH: Joseph P. Lopez, City Manager
FROM: Kevin Wise, Fire Chief
SUBJECT: CalOES Type 1 Engine Transfer Agreement
CONTACT: Jerardo Avila, Deputy Fire Chief, [email protected], 209-572-9590 DESCRIPTION:

Consider an Agreement with the State of California Office of Emergency Services to temporarily house and maintain a Type 1 Fire Engine and its associated equipment and forwarding to Council for approval. (Funding Source: General Fund)
STRATEGIC PLAN ELEMENT:

This action supports the City of Modesto 2020-2025 Strategic Plan focus on quality of life under Goal A: Improve Community Safety.

BACKGROUND:

The Modesto Fire Department currently partners with The California Governor’s Office of Emergency Services (CalOES) in temporarily housing and maintaining an existing Type 1 fire engine (OES321). CalOES has designated OES321 for replacement. CalOES has selected the Modesto Fire Department (MFD) to enter into an updated agreement to continue to house and maintain a new Type 1 fire engine, complete with its associated equipment. The use of the vehicle is intended to provide aid for the following all-hazard events: emergency incidents, civil defense, and disaster purposes, mutual aid; multiple alarm events and emergency incidents; emergency incidents threatening properties vital to national defense or important military installations; parades and displays; training of regular, volunteer and auxiliary firefighters; temporary standby for MFD’s regular fire engine and the regular fire engines of other fire departments while out of service for repairs.

DISCUSSION:

The term of the agreement is for ten years, from July 12, 2024, through July 12, 2034. Upon acceptance of the agreement with CalOES, MFD agrees to house, maintain, and respond with the apparatus when requested. It is expected, but not required, that MFD shall be available, for #1..
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Safety and Communities Committee, August 12, 2024
CalOES Type 1 Engine Transfer Agreement

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a minimum of seven days, to staff and operate the fire engine, with staffing consisting of four trained fire personnel for out of operational area assignments. If current staffing levels cannot accommodate this, the engine may be taken out of service in the state’s response system.

Apparatus maintenance would include the care of batteries, tires, appliances, lubrication, fuel, general cleaning and minor repairs. Repairs that are $100 or less are the responsibility of the City of Modesto. Repairs that exceed $100 threshold are the responsibility of CalOES and will require a $100.00 deductible.

FISCAL IMPACT:

The cost for repairs at a maximum amount of $100 per repair are fully budgeted and allocated in the Fire Department’s Operating Budget within the Facilities and Fleet Cost Center (18610).

RECOMMENDED COMMITTEE ACTION:

Staff Recommendations:

Motion recommending an Agreement with the State of California Office of Emergency Services to temporarily house and maintain a Type 1 Fire Engine and its associated equipment and forwarding to Council for approval.

Approved by:

Kevin Wise, Fire Chief
Joseph P. Lopez, City Manager
Attachments:

1. Agreement
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GAVIN NEWSOM

GOVERNOR

NANCY WARD

DIRECTOR
3650 SCHRIEVER AVENUE  MATHER, CA 95655

FIRE AND RESCUE DIVISION
PHONE: (916) 845-8711  FAX: (916) 845-8396
July 2, 2024
Kevin Wise, Fire Chief
City of Modesto Fire Department
409 12th St.

Modesto, CA 95353
Dear Chief Kevin Wise,
You will find enclosed two copies of Assignment of Equipment Form, and Agreement for Temporary Transfer of Vehicular Equipment covering the assignment of Cal OES Fire Engine No. 4118 to the City of Modesto Fire Department. The Agreement is effective July 12, 2024.

Please have the authorized official sign both copies of the above-mentioned documents and return one original set to our office.

NOTE 1: Cal OES cannot assign the apparatus to your agency until this signed Agreement is returned.

It is required that this office be furnished with a Certificate of Insurance, or a letter certifying self-insurance in accordance with Paragraph 16 and 17 of the Agreement for Temporary Transfer of Vehicular Equipment.

If you have any questions regarding this assignment, please feel free to contact our office.

Sincerely,
Brian S Marshall
State Fire and Rescue Chief
Cc: Eric Walder, Chief, Region IV Fire and Rescue Coordinator Chris Parnell, Chief, Operational Area Coordinator, Region IV Sam Marouk, Cal OES Deputy Chief of Operations North
Corey Zander, Cal OES Assistant Chief Region IV
Eric Petterson, Cal OES Assistant Chief Region IV
Docusign Envelope ID: 0C588C7F-8063-460E-AFF9-27FA8A81EA3A In Process
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State of California
GOVERNOR’S OFFICE OF EMERGENCY SERVICES
Fire and Rescue Division
1 01/2023
Agreement for Temporary Assignment of Vehicular Equipment

AGREEMENT FOR

TEMPORARY ASSIGNMENT OF VEHICULAR EQUIPMENT
THIS AGREEMENT, entered into this 12th day of July 2024, by and between the Governor’s Office of Emergency Services, hereinafter “CAL OES” acting by and between its duly appointed and qualified Director of the Governor’s Office of Emergency Services and the City of Modesto Fire Department, acting by and through its duly appointed, qualified and acting officers, hereinafter called "ASSIGNEE."
W I T N E S S E T H:

WHEREAS, the State of California has purchased fire apparatus and equipment for the purpose of responding to incidents in furtherance of the California Fire Service and Rescue Emergency Mutual Aid Plan; and
WHEREAS, Cal OES is authorized to assign these fire apparatus and equipment to local jurisdictions throughout the State under written agreements to be staged for Cal OES purposes and for use by local jurisdictions for the purposes described below; now, therefore, IT IS HEREBY MUTUALLY AGREED between the parties hereto as follows:

1. ASSIGNMENT. CAL OES hereby transfers possession to ASSIGNEE and ASSIGNEE hereby accepts possession from CAL OES of the fire apparatus and equipment listed on the attached Exhibit "A" which is by this reference made a part hereof, for the period commencing July 12th, 2024, for the following all-risk events, emergency incidents, civil defense, and disaster purposes, namely:

Mutual aid, multiple alarm events and emergency incidents, emergency incidents threatening properties vital to national defense or important military installations, parades and displays, training of regular, volunteer, and auxiliary firefighters and temporary standby for ASSIGNEE's regular apparatus and the regular apparatus of other departments while out of service for repairs.
a. Vehicle Description: 2024 HME Type 1 Engine
Vehicle Designation: 4118
Vehicle License Number: 1682385
Vehicle Identification Number: 44KFT428XRWZ24008
Value of Vehicle: $514,440.75
Value of Hose and Appliances: $155,425.58
b. Equipment inventories (Exhibit "A") may by mutual concurrence of the CAL OES and ASSIGNEE be changed during the term of this Agreement, utilizing property accountability procedures established or approved by the State.

2. TERM. The term of this Agreement shall be for ten (10) years unless terminated pursuant to the terms of this Agreement.

3. CONSIDERATION. Consideration for this Agreement is the mutual benefit the parties will enjoy by having a fire apparatus locally available for use as provided in this Agreement.

Docusign Envelope ID: 0C588C7F-8063-460E-AFF9-27FA8A81EA3A In Process
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State of California
GOVERNOR’S OFFICE OF EMERGENCY SERVICES
Fire and Rescue Division
2 01/2023
Agreement for Temporary Assignment of Vehicular Equipment

4. HOUSING, MAINTENANCE, REPAIR, AND REPLACEMENT. During the term of this transfer, ASSIGNEE agrees to adequately house in an enclosed secure structure, staff, operate, maintain and repair (consistent with section 4b) said fire apparatus and equipment (hereinafter collectively referred to as "the Apparatus" except where it is desired to refer to equipment alone, in which case the term "Equipment" is used) at its sole cost and expense, except as otherwise expressly provided in this Agreement. ASSIGNEE also agrees to complete all reports and maintain records consistent with Section 14. Apparatus shall be housed on property of the ASSIGNEE in a manner to provide reasonable protection against inclement weather, sabotage, theft, or malicious damage. Apparatus shall be maintained in such condition that it is available for immediate emergency use, and at the same standard as other emergency apparatus operated by ASSIGNEE. Maintenance shall include care of hose, batteries, tires, appliances, lubrication and fuel, general cleaning and polishing, minor body repairs and periodic testing. Repairs shall include, without being limited to, motor tune-ups, pump repairs, transmission, differential and all running gear, brake and exhaust systems, cooling devices including radiator, pump packing, and equipment assigned to Apparatus.
a. Repairs to the extent of $100.00 for each individual item of repair shall be the responsibility of ASSIGNEE.
b. Repairs to the extent that they exceed $100.00 for each individual item of repair shall be the responsibility of CAL OES on a $100.00 deductible basis, unless in the judgment of the CAL OES the need for repair results from misuse or negligence on the part of ASSIGNEE in the maintenance or use of the Apparatus, in which event the cost of each such item of repair above $100.00 shall also be the responsibility of ASSIGNEE. In no event shall ASSIGNEE arrange for repairs costing over $100.00 for any item of repair, whether it is the responsibility of CAL OES or ASSIGNEE, without first obtaining written authorization from the Cal OES Fire and Rescue Division.
c. Notwithstanding the foregoing, replacement of hose, batteries and tires shall be the responsibility of CAL OES, except to the extent CAL OES determines that the damage thereto is the result of negligence or misuse on the part of ASSIGNEE, in which event ASSIGNEE will bear such portion of the replacement cost thereof as the CAL OES deems equitable. Procurement of tires, hose and batteries is subject to State fiscal policies and procedures, and written approval must be obtained from the Cal OES Fire and Rescue Division prior to procurement.
d. Maintenance and repairs must be requested and authorized pursuant to the most recent version of the Cal OES Fire and Rescue Division Operations Bulletin #18, which is hereby incorporated into this Agreement by reference.
e. Repair or replacement of the Apparatus transferred hereunder which is consumed, lost, stolen, damaged or destroyed during mutual aid operations when CAL OES has dispatched or directed the dispatch of said Apparatus through Regional or Operational Area Fire and Rescue Coordinators, or when CAL OES has reassigned said Apparatus pursuant to the provisions of paragraph 11 of this Agreement, shall be the responsibility of CAL OES, providing that any such loss or damage shall be the responsibility of ASSIGNEE, if due to the negligence of ASSIGNEE. ASSIGNEE agrees that it will assume responsibility in full for the repair or replacement of Apparatus that has been consumed, lost, stolen, damaged or destroyed in Docusign Envelope ID: 0C588C7F-8063-460E-AFF9-27FA8A81EA3A In Process
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State of California
GOVERNOR’S OFFICE OF EMERGENCY SERVICES
Fire and Rescue Division
3 01/2023
Agreement for Temporary Assignment of Vehicular Equipment operations ASSIGNEE has directed or controlled.
f. ASSIGNEE must request from CAL OES, in writing, permission to make any and all changes to assigned fire apparatus and equipment. Furthermore, ASSIGNEE will not make modifications, changes, adjustments, or additions, including decals or stickers, to Apparatus without prior written approval from CAL OES.

5. INSPECTION OF APPARATUS. ASSIGNEE agrees that representatives of the Cal OES Fire and Rescue Division and other authorized State personnel may inspect the Apparatus at any time.

6. STAFFING. Reasonable and continual training shall be carried on so that trained personnel shall at all times be available to staff and operate said Apparatus. The ASSIGNEE shall provide personnel to staff the assigned apparatus per FIRESCOPE ICS standards. The Cal OES engine may be assigned to out of area assignments for up to 14 days, plus travel time. When local government personnel, staffing Cal OES Apparatus, are committed to extended assignments there may be a need to replace or rotate personnel. Personnel rotation will follow the direction outlined in the California Fire Assistance Agreement when assigned to an incident within California. Crew rotation for incidents outside of California shall be consistent with the appropriate forest’s agencies policy and coordinated by Cal OES.

7. PERSONAL PROTECTIVE EQUIPMENT (PPE) AND SPECIALIZED EQUIPMENT. In addition to providing the standard complement of firefighting PPE, it shall be the ASSIGNEE’S responsibility to provide its personnel with all other PPE that may be required by NFPA 1901, other NFPA Standards, and California Title 8. This shall include, but not be limited to, one Traffic Vest (ANSI / ISEA 207) for each seating position. In addition, we recommend chainsaw chaps be provided. In addition, an automatic external defibrillator (AED) has been added to “Miscellaneous Equipment” in NFPA 1901. To provide consistency with the ASSIGNEE’S equipment, it shall be the ASSIGNEE’S responsibility to provide this device for use on the assigned engine.

8. TRAINING. Personnel assigned shall meet wildland fire and ICS standards established in the California Incident Command Certification System (CICCS) or NWCG 310-1, Wildlife Qualification System Guide (current edition). Personnel assigned to Cal OES Engine’s shall meet Rescue System I standards as certified by the California State Fire Marshal or have completed an equivalent course that meets or exceeds Rescue System I curriculum.

9. DISPATCHING. All movement of the Apparatus shall be handled through the official dispatching channels of ASSIGNEE. ASSIGNEE dispatchers will recognize and act on all official requests for movement of the Apparatus in conformance with the Fire and Rescue Annex (California Fire and Rescue Mutual Aid System) to the State Emergency Plan and its subsequent revisions. CAL OES reserves the right to dispatch, direct the dispatch of, or temporarily reassign the Apparatus whenever, in the opinion of the Director of Cal OES, his representatives or Operational Area and Regional Fire and Rescue Coordinators, such Apparatus is essential to the protection of life and property in another jurisdiction or in the best interest of the State.

10. MUTUAL AID RESPONSE. Procedures for mutual aid response shall be in accordance with California Fire Service and Rescue Emergency Mutual Aid Plan.

11. REIMBURSABLE RESPONSE. Reimbursement for mutual aid may be provided pursuant to a Docusign Envelope ID: 0C588C7F-8063-460E-AFF9-27FA8A81EA3A In Process
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State of California
GOVERNOR’S OFFICE OF EMERGENCY SERVICES
Fire and Rescue Division
4 01/2023
Agreement for Temporary Assignment of Vehicular Equipment governor’s disaster proclamation or when conditions warrant invoking the California Fire Assistance Agreement, the State of Nevada Cooperative Agreement, or the Interstate Compact as appropriate. There is no other existing provision for mutual aid reimbursement.

12. TEMPORARY USE. ASSIGNEE shall be permitted to use the Apparatus for temporary cover of fire stations when emergency conditions warrant, or when regular apparatus is out of service for repairs and a closer engine cannot cover the gap. In either case, the ASSIGNEE shall immediately notify the Operational Area Dispatch Center and the Cal OES Fire Duty Chief. The ASSIGNEE further agrees that Cover-in or Standby of said Apparatus exceeding 30 days is at the discretion of the CAL OES.

13. TEMPORARY TRANSFER.
a. A sub-assignment of the Apparatus or any portion thereof by ASSIGNEE for any period not exceeding seven consecutive days within a given Operational Area may be made with the consent of the Operational Area Fire and Rescue Coordinator and the CAL OES, providing that at the time such Apparatus is received, such Sub-Assignee furnish ASSIGNEE and CAL OES a letter to the effect that he assumes all obligations of ASSIGNEE with respect to such Apparatus under this Agreement during the period of assignment, including insurance coverage in accordance with Section 16 or 17, as appropriate. Any sub-assignment by ASSIGNEE for a period of more than seven consecutive days shall be subject to authorization by the CAL OES and execution of an “Agreement for the Temporary Transfer of Vehicular Equipment,” with the agency requesting the transfer.
b. Whenever Apparatus is assigned in accordance with the provisions of this paragraph, regular ASSIGNEE shall be relieved of its obligations under this Agreement during such period of sub-assignment.
c. Complete a written Temporary Cal OES Apparatus Assignment Record, Exhibit “B”. The ASSIGNEE will retain one copy, the Sub-Assignee will retain one copy, and one copy will be forwarded to the Cal OES Fire and Rescue Division.

14. REPORTS AND RECORDS. ASSIGNEE shall maintain daily and monthly reports on the details of Apparatus use on Cal OES F-101 Form. A Smoke Opacity Test, Pump Test, Hose Test, and Ladder Test shall be the responsibility of ASSIGNEE and completed annually.

Written results of all tests and reports shall be forwarded to the Cal OES Fire and Rescue Division by the end of the calendar year. A recent copy of the tests and reports shall be maintained in the vehicle logbook.

15. REPORT OF ACCIDENTS. ASSIGNEE shall immediately notify the Cal OES Fire and Rescue Division following any and all accidents involving the Apparatus. It shall be the responsibility of ASSIGNEE to fill out State Form 270, "Report of Automobile Accident," and file the report with the Governor’s Office of Emergency Services. A copy of this report shall be retained by the ASSIGNEE and the original and four copies forwarded to Cal OES.

16. INSURANCE PROTECTION. (Non- State Agencies)
a. ASSIGNEE agrees forthwith to furnish evidence of insurance protecting the legal liability of the ASSIGNEE and CAL OES for liability and/or property damage with a combined Docusign Envelope ID: 0C588C7F-8063-460E-AFF9-27FA8A81EA3A In Process
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State of California
GOVERNOR’S OFFICE OF EMERGENCY SERVICES
Fire and Rescue Division
5 01/2023
Agreement for Temporary Assignment of Vehicular Equipment single limit of $1,000,000.00 per occurrence, by means of a Certificate of Insurance naming the State of California as Additional Insured. Said certificate shall contain an Agreement by the insurance company that it will not cancel said policy without 15 days prior written notice to the CAL OES and that the CAL OES is not liable for the payment of any premiums or assessments thereon. Said certificate must include the description of the apparatus including VIN, state license number, and Cal OES unit number.
b. In the event the ASSIGNEE is self-insured, ASSIGNEE in lieu of a certificate of insurance shall furnish CAL OES a written statement of such fact. In such event, ASSIGNEE agrees to hold the CAL OES harmless from any personal injury or property damage claims arising out of its maintenance, use or operation of the Apparatus under the terms of this Agreement.
c. Physical damage insurance, including collision coverage and comprehensive coverage, shall be obtained. The State of California will be named as a loss payee. In the event of a non-total loss, ASSIGNEE is responsible for returning Apparatus to original standard. The description of the vehicle and the necessary amount of insurance required is outlined in attached Exhibit "C" which is by this reference made a part hereof.

17. INSURANCE PROTECTION. (State Agencies) Any insurance necessary for coverage of the apparatus shall be the sole responsibility of the department having custody of the vehicle, including when it directs, dispatches, and controls the use of the Apparatus. ASSIGNEE agrees to report Apparatus as being under its control to the Insurance Officer, Department of General Services.

18. TERMINATION OF AGREEMENT.
a. Either party may terminate this Agreement upon 14 days written notice to other party, or ASSIGNEE may relinquish, or CAL OES may repossess any portion of the Apparatus upon like notice to the other party, except that CAL OES may repossess any portion thereof without written notice whenever it deems the same is not being maintained in accordance with this Agreement.
b. Upon the termination of this Agreement, ASSIGNEE agrees to return said Apparatus in the same condition as received, reasonable wear and tear, acts of God, and conditions over which it has no control excepted.
c. As inventory changes occur, or items of equipment are replaced, deleted or added by the CAL OES or replaced by ASSIGNEE, it is mutually agreed that no amendment to this Agreement need be made at the time of the change; provided however, at the termination of this Agreement a complete reconciliation of all equipment will be made. ASSIGNEE further agrees that all replacements for equipment or apparatus will be made with identical or substantially like items as approved by the CAL OES.
d. Nothing in this Agreement shall be construed to create a new property interest or right of action for the ASSIGNEE.

19. UNAUTHORIZED USE OF CAL OES APPARATUS AND EQUIPMENT. Use of this Apparatus other than as specified in Paragraph 1 will be considered a breach of this Agreement.

Docusign Envelope ID: 0C588C7F-8063-460E-AFF9-27FA8A81EA3A In Process
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State of California
GOVERNOR’S OFFICE OF EMERGENCY SERVICES
Fire and Rescue Division
6 01/2023
Agreement for Temporary Assignment of Vehicular Equipment

20. USE OF RADIO EQUIPMENT
a. CAL OES will furnish at CAL OES'S sole cost, radio equipment installed in the Apparatus to be operated on the following frequencies: 151.145 - 170.925 . b. CAL OES agrees to maintain said equipment without cost to ASSIGNEE. c. The ASSIGNEE agrees to operate said radio equipment in accordance with the Rules and Regulations of the Federal Communications Commission. d. Ownership of said equipment is in the CAL OES, and all applications to the Federal Communications Commission seeking authority to add, modify, or replace radio equipment covered by this Agreement shall be made by and in the name of the State of California. To activate this Agreement and in compliance with the control requirements of the Communications Act of 1934, as amended, the CAL OES hereby deputizes the Chief of the agency of said ASSIGNEE, and such volunteers, regularly employed and salaried assistants as shall be designated by the Chief of the agency as his agents to operate said radio equipment as specified in Paragraph ''c" above.
e. CAL OES assumes no liability hereunder for claims or losses accruing or resulting to any person, firm or corporation furnishing or supplying work, services or material or services in connection with the performance of this Agreement or for any claims and losses accruing or resulting to any person, firm or corporation injured or damaged by performance of either party hereunder.

21. NOTICES. All correspondence and notices required or contemplated, or which may be given by either party to the other shall be deemed to have been fully given when made in writing and deposited in the U.S. mail, registered and postage prepaid and addressed as follows: To the ASSIGNEE at City of Modesto Fire Department, 409 12th St., Modesto, CA 95353, and to the CAL OES at Governor’s Office of Emergency Services, Fire and Rescue Division, 3650 Schriever Ave., Mather, CA, 95655. The address to which notices shall or may be mailed as aforesaid to either party shall or may be changed by written notice given by such party to the other, as hereinabove provided; but nothing herein contained shall preclude the giving of any such notice by personal service.

22. ALTERATION. It is mutually understood and agreed that no alteration or variation of the terms of this Agreement shall be valid unless made in writing and signed by the parties hereto, and that no oral understanding or agreements not incorporated herein, and no alterations or variations of the terms hereof unless made in writing between the parties hereto shall be binding on any of the parties hereto.

23. WAIVER. The CAL OES may in its sole discretion and for such good cause as it determines waive in writing in whole or in part any requirement of this Agreement that apparatus and/or equipment shall be maintained in operating condition, or repaired, or replaced, providing that any such waiver shall be applicable only to the specific apparatus or equipment to which it refers.

Docusign Envelope ID: 0C588C7F-8063-460E-AFF9-27FA8A81EA3A In Process
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State of California
GOVERNOR’S OFFICE OF EMERGENCY SERVICES
Fire and Rescue Division
7 01/2023
Agreement for Temporary Assignment of Vehicular Equipment

24. JURISDICTION AND VENUE. This Agreement, and any dispute arising from the relationship between the parties to this Agreement, will be governed by the laws of the State of California.

25. WHOLE AGREEMENT. This Agreement constitutes the entire agreement between the parties hereto, with respect to the subject matter hereof. No party has been induced to enter into this Agreement by, nor is any party relying on, any representation or warranty outside those expressly set forth in this Agreement.

IN WITNESS WHEREOF the parties hereto have executed this Agreement upon the date first above written.

ASSIGNEE: CAL OES:

City of Modesto Fire Department Nancy Ward ______
Director,
Governor’s Office of Emergency Services
By By
Kevin Wise, Fire Chief Brian S. Marshall, State Fire and Rescue Chief
Docusign Envelope ID: 0C588C7F-8063-460E-AFF9-27FA8A81EA3A In Process
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State of California
GOVERNOR’S OFFICE OF EMERGENCY SERVICES
Fire and Rescue Division
8 01/2023
Agreement for Temporary Assignment of Vehicular Equipment EXHIBIT “A”
EQUIPMENT INVENTORY: TYPE I, 2022 / NEWER
ACCOUNTABLE PROPERTY & EQUIPMENT #ISSUED # RCVD # SHORT ACCOUNTABLE PROPERTY & EQUIPMENT #ISSUED # RCVD # SHORT ACCOUNTABLE PROPERTY & EQUIPMENT # ISSUED #RCVD # SHORT Apparatus Cab 43. Couple, 2 ½” Double Male 2 95. Chemical Light Kit (See “Tool Info Sheet”) 2

1. Radio, Mobile APX
Serial #
OES #
1 44. Crank, Hose Reel 1 96. Hacksaw 2

45. Clamp, Wildland Hose 2 97. Hacksaw, Crosscut, 26” 2

46. Increaser, 1” NPSH F x 1 ½” NH M 1 98. Hammer, 24oz. Framing 3

47. Gated Wye, (1) 2 ½” NH F x (2) 1 ½” NH M 2 99. Hammer, 3-4lb. Sledge, Short 2

2. Radio, Mobile BK–KNG-M-150
Serial #
OES #
1 48. Mallet, Rubber 1 100. Knife, Utility 1

49. Nozzle, 1” NPSH Comb Wildland 4 101. Level, 6” Torpedo 3

50. Nozzle, 1 ½” Comb Structural 1 102. Marking Kit, building (See “Tool Info Sheet”) 1

51. Nozzle, 1 ½” NH Combo Wildland 2 103. Nails @ 25lb. ea., 8d 1

3. Radio, Handheld BK-P-150 w/Mic, 4 - Clamshell
4 52. Nozzle, 1 ½” NH x 7/8” Straight tip w/ pistol grip 1 104. Nails @ 25lb. ea., 16d 1 Serial # 53. Nozzle, 1 ½” Foam, Air Aspirating (MAD DOG) 1 105. Square, Tri or Speed 3 OES # 54. Nozzle, 2 ½” Shutoff w/Fog tip 1 106. Square, Framing, 24” 1 Serial # 55. Nozzle, 2 ½” Shutoff w/3tips 1 107. Tape Measure, 25’ 3 OES # 56. Reducer, 1 ½” NH F x 1” NPSH M 1 108. Tape, Barrier 2 Serial # 57. Reducer, 2 ½” F x 1 ½” M 1 109. Tape, Duct 2 OES # 58. Reducer, 6” NH F x 4” NH M 1 110. Tool Kit (See “Tool Info Sheet”) 1 Serial # 59. Reducer, 4” NH F x 2 ½” NH M 1 111. Hurst Battery Powered Spreader Serial #
OES #
1 OES # 60. Siamese, (2) 2 ½” NH F x (1) 2 ½” NH M 1

4. Box light’s (4) (Whelen pioneer life series) LF35) 4 61. Strap, Hose & Ladder 4

5. Intercom Headset’s 4 62. Tee, Wildland Hose 1 ½” NH F x 1 ½” NH M x 1” NPSH 3 112. Hurst Battery Powered Cutter Serial #
OES #
1 6. First Aid Kit (DOT) 1 63. Thermo, Foam Pick-Up Tube 1

7. Logbook, W/Credit Card 1 64. Wrench, Wildland Spanner (1” to 1 ½” Forestry) 2

8. Spotlight 1 65. Wrench, Suction Hose Spanner 1 113. Hurst Battery Powered RAM Serial #
OES #
1 Compartment,Cross-ThruW/Slide ToolTray 66. San Francisco Hydrant Adapter (3” F x 2 ½” M) 1

9. Axe, Pick Head 1 Driver’s Side, Rear Compartment

10. Axe, Flat Head 1 67. Carabiner, Locking “D”, 11 mm 27 114. Hurst Batteries for Extric Tools 6

11. Bar, Pinch Point, 60” 4 68. Edge Protection 1 Passenger Side, Rear Compartment

12. Chain, 25’ Tow W/Grab Hooks 1 69. Rescue edge pad 1 115. Backboard Head Immobilizer 1

13. Clamp, Herbert Hose 1 70. Emergency Signaling Device, Whistle 1 116. Blanket, Disposable 2

14. Cutter, Bolt, 30” 1 71. Frication Device 1 117. Can, Fuel 1

15. Extinguisher, 5# A: B:C 1 72. Fig. 8 & Breaker Bar 1ea. 118. Haul Bag 2

16. Hammer, 3-4lb. Sledge, Short 2 73. Harness, Body, NFPA 2 119. Hose, 1 ½” x 10’, Hard Suction 1

17. Hammer, 8-10lb. Sledge, Short 2 74. Litter Pre-Rig 1 120. Litter Cover (if not in use) 1

18. HalliganTool 1 75. Load Release 2 121. Portable Pump Serial #
OES #
1 19. Hose, 4” x 16’ Soft Suction 1 76. Multi-point Collection Plate 2

20. Jack, 8-ton Hydraulic w/Handle 2 77. Prusik Loop 6pr

21. McLeod/Thau Claw 2 78. Pulley, Rescue, Prusik Minding 3 122. Rope, ½” X 150’, Utility in bag 2

22. Picket, Steel, 1” x 4’ 6 79. Rope, Logbook 2 123. Strainer, Self – Leveling Floating 1 ½” 1

23. Pulaski 1 80. Rope, Kernmantle, ½” x 150” 2 124. Strainer, Suction, 1 ½” 1

24. Triangle Reflector Set 1 81. Webbing Kit (See “Tool Info Sheet”) 1

25. Shovel, Round Point, Long Handle 1 Driver’s Side, Rear Compartment Passenger Side, Compartment Above Rear Tires

26. Shovel, Square Point, Long Handle 1 82. Can, Fuel (for generator) 1 125. Chainsaw Kit (See “Tool Info Sheet”) 1

27. Strainer, 6” Suction 1 83. Generator
Serial #
OES #
1 126. Chainsaw CHAPS 36” 1

28. Wrench, Hose Spanner (1 ½” to 2 ½”) 4 127. Chainsaw w/24” Bar Serial #
OES#
1 29. Wrench, Adjustable Hydrant 2

30. Shovel, Scoop w/(D)Handle 1 84. Hose Roller 1
Engineer’s Compartment Rear Compartment, Upper Top Left Side 128. 1 Gallon Chain Oil 1

31. Adapter, 6” x 2 ½”, DF, Hydrant 1 85. Hose, Hard Suction, 6” x 10’ 2 Passenger Side, Compartment Ahead Rear Tires

32. Adapter, 6” x 4”, DF, Hydrant 1 Rear Compartment, Upper 129. Fire Extinguisher (Class A Water) 1

33. Adapter, 6” x 4 ½”, DF, Hydrant 1 86. Ladder, 10’ Attic 1 130. Collapsible, Traffic Cones 5

34. Adapter, 4 ½” NH F (Rocker Lug) x 4” NH 1 87. Ladder, 14’ Roof 1 131. Light flashing Cones (Amber) 5

35. Adapter, 4” NH F (Rocker Lug) x 4” NH DF w/swivel 1 88. Ladder, 24’ Extension 1 132. Mount, Ground Deluge 1

36. Adapter, DM, 4” NH M x 4” NH M 1 89. Pike Pole, 6’ 1 133. Salvage Covers, Canvas 2

37. 4”NH(HydrantCap w/ cable) 1 90. Pike Pole, 8’ 1 Note any equipment damage below:

38. 4” NH F (Rocker Lug Cap w/ No Chain) 1 91. Interface Hose Bars 2

39. Adapter, 1” NPSH F x 1” NH M 1 Rear Compartment, Lower

40. Adapter, 1” NH F x 1” NPSH M 1 92. Belt, Carpenter 3

41. Air Hose w/nozzle 1 93. Blade, Hacksaw, Carbide 12 NOTE: CELL SHADING INDICATES US&R INVENTORY

42. Couple, 2 ½” Double Female 2 94. Chisel, 1” x 7 7/8” 2 “Tool Info Sheet” can be found in OES Yellow Binder Docusign Envelope ID: 0C588C7F-8063-460E-AFF9-27FA8A81EA3A In Process
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State of California
GOVERNOR’S OFFICE OF EMERGENCY SERVICES
Fire and Rescue Division
A-1 4/2012
Agreement for Temporary Transfer of Vehicular Equipment ACCOUNTABLE PROPERTY & EQUIPMENT #ISSUED # RCVD # SHORT ACCOUNTABLE PROPERTY & EQUIPMENT #ISSUED # RCVD # SHORT ACCOUNTABLE PROPERTY & EQUIPMENT # ISSUED #RCVD # SHORT Hosebed & Reel Line Area Recap all Cal OES Owned Special Equipment Carried Note any equipment damage below:
134. Cribbing & Wedge Kit (See “Tool Info Sheet”) 2
135. Hose, 1” NPSH x 100’ Wildland 8
136. Hose, 1 ½” NH x 100’ Wildland 10
137. Hose, 1 ½” x 50’ Structural 12
138. Hose, 3” NH x 50’ Structural 12
139. Hose, 4x 100’ Structural 10
140. Hose, Booster, 1” x 100’ 2
141. Litter, Stokes Basket 1
142. Backboard 1
143. Stream Straightener 1
144. Nozzles, Deluge (1 3/8”- 1 ½” – 1 ¾” – 2”) 1
145. Nozzle, Deluge, Combo, 500 – 1250GPM 1
Apparatus Exterior
146. Cap, 2 ½” Discharge 4
147. Cap, 4” Discharge 1
148. Chock Block 2
149. Hose, 3” x 12’ Soft x Suction 2
150. Plug, 2 ½” Suction 2
151. Intake Ball Valve 6” NH F x 6” NH M 2
Front Bumper
152. Hose, 1 ½” x 35’ Truck Protection 1
153. Nozzle, 1 ½”, Combo (Wildland) 1
Note any equipment damage below:

NOTE: CELL SHADING INDICATES US&R INVENTORY
“Tool Info Sheet” can be found in OES Yellow Binder
Docusign Envelope ID: 0C588C7F-8063-460E-AFF9-27FA8A81EA3A In Process
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State of California
GOVERNOR’S OFFICE OF EMERGENCY SERVICES
Fire and Rescue Division
B-1 4/2012
Agreement for Temporary Transfer of Vehicular Equipment EXHIBIT “B”

TEMPORARY CAL OES APPARATUS ASSIGNMENT RECORD
NO. A R T I C L E CAL OES
DECAL

QUANTITY

1. 1,500 gpm Triple Combination Fire Engine, complete
with equipment per attached Exhibit "A" of Agreement for Temporary Transfer of Vehicular Equipment.

Cal OES 1

2. License No: 1682385

3. VIN No: 44KFT428XRWZ24008

4. Engine No: 4118

5. Proof of Insurance:

6. Inventory Completed:

7. 8.

9. 10.

11. REASON FOR TEMPORARY TRANSFER: New Assignee
SIGNATURES:

Date

PERMANENT ASSIGNEE
Date

TEMPORARY ASSIGNEE
Docusign Envelope ID: 0C588C7F-8063-460E-AFF9-27FA8A81EA3A In Process
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State of California
GOVERNOR’S OFFICE OF EMERGENCY SERVICES
Fire and Rescue Division
C-1 4/2012
Agreement for Temporary Transfer of Vehicular Equipment EXHIBIT “C”

INSURANCE REQUIREMENTS
Part of the Agreement through which the State makes a temporary transfer of vehicular equipment is the Agreement on the part of the ASSIGNEE to furnish certain evidence of insurance. Your organization, as an ASSIGNEE of equipment, will want to be mindful of these requirements and assure they are complied with. If self-insured, in lieu of a certificate of insurance, a written statement of self-insurance shall be furnished on official letterhead and agreeing to hold Cal OES harmless from any personal injury or property damage claims arising out of the maintenance, use or operation of the Apparatus.

Liability Insurance
A certificate of insurance shall be furnished to the State providing minimum limits of insurance as follows:

BODILY INJURY and PROPERTY DAMAGE LIABILITY $1,000,000.00 PER OCCURENCE A certificate of insurance will have the following provisions included:

1. The State of California shall be named Additional Insured.

2. The insurance company shall agree that in the event of cancellation, 15 days prior written notice will be given to the State.

3. The State shall not be responsible for premium or assessments.

4. Certificate of Insurance must include the description of the Apparatus including identification number, State license number and Cal OES unit number.

Physical Damage Insurance
The transfer agreements place certain responsibilities upon your organization for the safekeeping of the vehicle and equipment. The State will look to your organization for reimbursement for repair or replacement cost in the event the vehicle or equipment is damaged by misuse or negligence or by other causes, except normal wear and tear, acts of God and conditions over which your organization has no control.

Description of Apparatus

VEHICLE VALUE
2024 HME Type 1 Engine $514,440.75
License Number: 1682385
VIN Number: 44KFT428XRWZ24008
Engine Number: 4118

EQUIPMENT
Hose and Appliances $155,425.58
Docusign Envelope ID: 0C588C7F-8063-460E-AFF9-27FA8A81EA3A In Process
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Certificate Of Completion
Envelope Id: 0C588C7F8063460EAFF927FA8A81EA3A Status: Sent Subject: Complete with Docusign: 4118 Modesto FD_Type I Agreement _06-27-24.pdf Source Envelope:

Document Pages: 12 Signatures: 2 Envelope Originator:

Certificate Pages: 5 Initials: 0 Mitch Higgins
AutoNav: Enabled
EnvelopeId Stamping: Enabled
Time Zone: (UTC-08:00) Pacific Time (US & Canada)
3650 Schriever Ave
Mather, CA 95630
[email protected]
IP Address: 12.198.223.202
Record Tracking
Status: Original
7/2/2024 6:38:34 AM
Holder: Mitch Higgins
[email protected]
Location: DocuSign
Security Appliance Status: Connected Pool: StateLocal
Storage Appliance Status: Connected Pool: California Governor's Office of Emergency Services
Location: DocuSign
Signer Events Signature Timestamp
Brian Marshall
[email protected]
Fire and Rescue Chief
Security Level: Email, Account Authentication
(None) Signature Adoption: Pre-selected Style
Using IP Address: 63.193.207.1
Sent: 7/2/2024 6:41:09 AM
Viewed: 7/2/2024 9:58:04 AM
Signed: 7/2/2024 9:58:12 AM
Electronic Record and Signature Disclosure:

Not Offered via DocuSign
Kevin Wise
[email protected]
Security Level: Email, Account Authentication
(None)
Sent: 7/2/2024 9:58:14 AM
Viewed: 7/10/2024 4:59:23 AM
Electronic Record and Signature Disclosure:

Accepted: 7/10/2024 4:59:23 AM
ID: 8fa93693-7528-4e19-8e6c-2292e7c9bb4c
In Person Signer Events Signature Timestamp
Editor Delivery Events Status Timestamp
Agent Delivery Events Status Timestamp
Intermediary Delivery Events Status Timestamp
Certified Delivery Events Status Timestamp
Carbon Copy Events Status Timestamp
Mitch Higgins
[email protected]
Deputy Chief / Fleet
California Governor's Office of Emergency Services
Security Level: Email, Account Authentication
(None)
Electronic Record and Signature Disclosure:

Not Offered via DocuSign
In Process
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Witness Events Signature Timestamp
Notary Events Signature Timestamp
Envelope Summary Events Status Timestamps
Envelope Sent Hashed/Encrypted 7/2/2024 6:41:09 AM
Certified Delivered Security Checked 7/10/2024 4:59:23 AM Payment Events Status Timestamps
Electronic Record and Signature Disclosure
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ELECTRONIC RECORD AND SIGNATURE DISCLOSURE
From time to time, Carahsoft OBO California Governor's Office of Emergency Services (we, us or Company) may be required by law to provide to you certain written notices or disclosures.

Described below are the terms and conditions for providing to you such notices and disclosures electronically through the DocuSign system. Please read the information below carefully and thoroughly, and if you can access this information electronically to your satisfaction and agree to this Electronic Record and Signature Disclosure (ERSD), please confirm your agreement by selecting the check-box next to ‘I agree to use electronic records and signatures’ before clicking ‘CONTINUE’ within the DocuSign system.

Getting paper copies
At any time, you may request from us a paper copy of any record provided or made available electronically to you by us. You will have the ability to download and print documents we send to you through the DocuSign system during and immediately after the signing session and, if you elect to create a DocuSign account, you may access the documents for a limited period of time (usually 30 days) after such documents are first sent to you. After such time, if you wish for us to send you paper copies of any such documents from our office to you, you will be charged a $0.00 per-page fee. You may request delivery of such paper copies from us by following the procedure described below.

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If you decide to receive notices and disclosures from us electronically, you may at any time change your mind and tell us that thereafter you want to receive required notices and disclosures only in paper format. How you must inform us of your decision to receive future notices and disclosure in paper format and withdraw your consent to receive notices and disclosures electronically is described below.

Consequences of changing your mind
If you elect to receive required notices and disclosures only in paper format, it will slow the speed at which we can complete certain steps in transactions with you and delivering services to you because we will need first to send the required notices or disclosures to you in paper format, and then wait until we receive back from you your acknowledgment of your receipt of such paper notices or disclosures. Further, you will no longer be able to use the DocuSign system to receive required notices and consents electronically from us or to sign electronically documents from us.

All notices and disclosures will be sent to you electronically Electronic Record and Signature Disclosure created on: 3/23/2020 10:41:55 AM Parties agreed to: Kevin Wise
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Unless you tell us otherwise in accordance with the procedures described herein, we will provide electronically to you through the DocuSign system all required notices, disclosures, authorizations, acknowledgements, and other documents that are required to be provided or made available to you during the course of our relationship with you. To reduce the chance of you inadvertently not receiving any notice or disclosure, we prefer to provide all of the required notices and disclosures to you by the same method and to the same address that you have given us. Thus, you can receive all the disclosures and notices electronically or in paper format through the paper mail delivery system. If you do not agree with this process, please let us know as described below. Please also see the paragraph immediately above that describes the consequences of your electing not to receive delivery of the notices and disclosures electronically from us.

How to contact Carahsoft OBO California Governor's Office of Emergency Services:

You may contact us to let us know of your changes as to how we may contact you electronically, to request paper copies of certain information from us, and to withdraw your prior consent to receive notices and disclosures electronically as follows:

To contact us by email send messages to: [email protected] To advise Carahsoft OBO California Governor's Office of Emergency Services of your new email address
To let us know of a change in your email address where we should send notices and disclosures electronically to you, you must send an email message to us at [email protected] and in the body of such request you must state: your previous email address, your new email address. We do not require any other information from you to change your email address.

If you created a DocuSign account, you may update it with your new email address through your account preferences.

To request paper copies from Carahsoft OBO California Governor's Office of Emergency Services
To request delivery from us of paper copies of the notices and disclosures previously provided by us to you electronically, you must send us an email to [email protected] and in the body of such request you must state your email address, full name, mailing address, and telephone number. We will bill you for any fees at that time, if any.

To withdraw your consent with Carahsoft OBO California Governor's Office of Emergency Services
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To inform us that you no longer wish to receive future notices and disclosures in electronic format you may:
i. decline to sign a document from within your signing session, and on the subsequent page, select the check-box indicating you wish to withdraw your consent, or you may; ii. send us an email to [email protected] and in the body of such request you must state your email, full name, mailing address, and telephone number. We do not need any other information from you to withdraw consent.. The consequences of your withdrawing consent for online documents will be that transactions may take a longer time to process..

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The minimum system requirements for using the DocuSign system may change over time. The current system requirements are found here: https://support.docusign.com/guides/signer-guidesigning-system-requirements.

Acknowledging your access and consent to receive and sign documents electronically To confirm to us that you can access this information electronically, which will be similar to other electronic notices and disclosures that we will provide to you, please confirm that you have read this ERSD, and (i) that you are able to print on paper or electronically save this ERSD for your future reference and access; or (ii) that you are able to email this ERSD to an email address where you will be able to print on paper or save it for your future reference and access. Further, if you consent to receiving notices and disclosures exclusively in electronic format as described herein, then select the check-box next to ‘I agree to use electronic records and signatures’ before clicking ‘CONTINUE’ within the DocuSign system.

By selecting the check-box next to ‘I agree to use electronic records and signatures’, you confirm that:
 You can access and read this Electronic Record and Signature Disclosure; and  You can print on paper this Electronic Record and Signature Disclosure, or save or send this Electronic Record and Disclosure to a location where you can print it, for future reference and access; and
 Until or unless you notify Carahsoft OBO California Governor's Office of Emergency Services as described above, you consent to receive exclusively through electronic means all notices, disclosures, authorizations, acknowledgements, and other documents that are required to be provided or made available to you by Carahsoft OBO California Governor's Office of Emergency Services during the course of your relationship with Carahsoft OBO California Governor's Office of Emergency Services.

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CITY OF MODESTO

COMMITTEE AGENDA REPORT
DATE OF MEETING:

August 12, 2024
Date: July 24, 2024
TO: Safety and Communities Committee
Rosa Escutia-Braaton, Chair
Jeremiah Williams, Vice-Chair
Chris Ricci, Member
THROUGH: Joseph P. Lopez, City Manager
FROM: Jeremy Rogers, Director of Parks, Recreation and Neighborhoods Department SUBJECT: City Sponsorship of the 2024 International Heritage Festival CONTACT: Diane Sheatsley, Administrative Analyst II, [email protected], 209-577-5418
DESCRIPTION:

Consider the City’s sponsorship of the 2024 International Heritage Festival for $5,080 in in-kind support and $2,650 in monetary contributions and forwarding to Council for approval. (Funding Source: General Fund)
STRATEGIC PLAN ELEMENT:

This item supports the City of Modesto’s 2020-2025 Strategic Plan to promote trust and engagement through collaborating with community and civic organizations.

BACKGROUND:

Community and special events provide quality of life and economic benefits to Modesto. Each year the City receives many requests for City sponsorship of these types of events. As a sponsor, the City may receive invitations to be a part of the event programming, complimentary event admissions, and acknowledgement through branding on event programs, marketing materials, and media spots.

To ensure support is allocated in a fair and fiscally responsible manner, the City implemented Administrative Directive Policy Number 3.6 for Community & Special Event Sponsorship (AD

3.6) for new and one-time City sponsorships. Events qualifying for City sponsorship must meet the following criteria:

1. The event is no less than 120 days from the date of the application and does not conflict with other similar types of sponsored events.

2. The event must have a cultural, social, educational, economic, or recreational benefit to the community.

3. The event cannot be religious or political in nature or seek to support or oppose any religious or political viewpoint.
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Safety and Communities Committee, August 12, 2024
City Sponsorship of the 2024 International Heritage Festival

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4. The event must be held at a City owned facility, property, or on a City street(s).

5. The event organizer, organization, or applicant is in good standing and has not received a City sponsorship within the last twelve months.

Per AD 3.6, Department Head approval(s) are required for any in-kind event sponsorship valued under $5,000 and any monetary contribution under $500. For requests exceeding these thresholds, City Council approval is required. A review of the pending FY 2024-2025 known sponsorship requests was reviewed and approved at the April 17, 2024 Finance Committee Budget Workshops. On June 4, 2024, by Resolution No. 2024-178, Council approved those Fiscal Year 2024-2025 sponsorships meeting these thresholds. In total, 34 events, with a combined value of $332,703 were approved for City Sponsorship. New applications received through the year continue to be vetted and approved per City policy.

DISCUSSION:

The International Heritage Festival Committee (Committee), a California non-profit organization was created in 1991 under the tenure of Mayor Carol Whiteside. The same year, the first International Heritage Festival (Festival) was held. Over the years the event has been held at Graceada Park, the Gallo Center for the Arts, and Modesto Junior College. The Festival was created to improve the quality of life in Modesto and Stanislaus County. Target populations include children and their families of all ethnic groups from the greater Modesto area. In general, families attending the Festival are from low to modest income households. This annual festival teaches children and families about geography, history, patriotism, music, dance, and arts and crafts from around the world. It also focuses on linking hands-on activities to current California social studies curriculum and child development.

During the pandemic, there was no fundraising by the Committee and only one drive-through event was held. In 2022 and 2023, the Festival focused on reconnecting and rebuilding the event and was smaller than in past years. As part of this rebuilding strategy, the City accepted a request to sponsor the 2023 event by providing in-kind support. This support, valued at $1,855, included the waiver of park and Mancini Bowl rental fees, fire inspection fees, and sound permit fees. It also included park operation services before, during, and after the event. The City’s sponsorship of the event was advertised on flyers and social media, and the City’s Parks, Recreation and Neighborhoods Department had a booth to promote its recreational programming. Last year’s event, though smaller in nature, was attended by 500-700 people.

Knowing it was the Committee’s intent to reapply for City sponsorship in 2024, staff included the event in its FY 2024-2025 approved sponsorship list and budget based on the 2023 application.

On May 15, 2024, the Committee submitted its 2024 sponsorship application. In addition to the in-kind support the City provided in 2023, requests for more support as well as a monetary contribution were included. The value of the increase in in-kind support is estimated at $5,080 ($3,225 over last year) and includes additional park operation services, park food truck permits, an increase in fire inspections, police participation (booth), and street closure. Attendance for this year’s event is projected at 1,500 people. Furthermore, the Committee has requested a $2,650 monetary contribution. This contribution, which is 20% of the Committee’s overall budget, would be used towards the rental of portable toilets, tables, chairs, printing of passport coloring books, flyers, and posters, and event insurance.
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Safety and Communities Committee, August 12, 2024
City Sponsorship of the 2024 International Heritage Festival

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The Director of Parks, Recreation and Neighborhoods, Fire Chief, and Police Chief have reviewed the 2024 application and approved moving forward with the increases in in-kind support. Other sponsors for the 2024 event include Gallo Winery ($5,000), M.I.D ($500), MOSCE ($500), and KRVR Radio ($500 in-kind). With both the in-kind and monetary thresholds met, City Council approval to increase the City’s sponsorship of the 2024 International Heritage Festival is required.

FISCAL IMPACT:

The provision of in-kind support from the Police, Fire, and Parks, Recreation, and Neighborhoods Department have been considered and incorporated into the FY 2024-2025 operating budget.

Funding for the $2,650 monetary contribution is budgeted in the Parks, Recreation and Neighborhoods operating budget (100-31010-54920 Donations and Contributions).

RECOMMENDED COUNCIL ACTION:

Staff Recommendations:

Motion recommending the City’s sponsorship of the 2024 International Heritage Festival for $5,080 in in-kind support and $2,650 in monetary contributions and forwarding to Council for approval.

Approved by:

Jeremy Rogers, Director of Parks, Recreation and
Neighborhoods Department
Joseph P. Lopez, City Manager
Attachments:

1. Sponsorship Application

2. Sponsorship Estimate
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24-25 Projected Sponsorship Estimate
2024 Estimate 2023 Sponsorship
PRN Graceada Greens Space Rental 240$ $20/hour for 12 hours $ 200 PRN Graceada Park - Mancini Bowl 1,654$ $550/4 hours / $139 each additional hour) $ 1,164 PRN Graceada Park - Mancini Bowl Electricity 39$ Flat Rate $ 39 PRN Park Operation - Restroom Services 480$ $60/hour (2 staff / 2 hours) $ 240 PRN Park Operation - Trash Cans (6) 30$ $5/can $ -
PRN Park Operations - Mancini Bowl Decorations 240$ $60/hour $ - PRN Application Fee 50$ Flat Rate $ -
PRN Food Truck Permits 500$ $100 each $ -
MPD Sound Amplification Permit 20$ Flat Rate $ 20
MPD Police Services - Event Participation (Booth) 1,150$ $70/hour for 8 hours (2 officers) $ - MPD Police Services - MPD Display Vehicles & Mascots -$ No Charge $ - MPD Street Closure Permit (Loading/Unloading/Food Trucks) 20$ Flat rate $ - MFD Liquid Propane Gas Permit (Application & Inspections) 657$ $73 per food vendor $ 195 MFD MFD Display Vehicle(s) -$ No Charge $ -
FIN Special Event Itinerant Business License -$ Tax - cannot be waived $ - Estimated In-Kind Value 5,080$ $ 1,858
Monetary 2,650$ $ -
Total 7,730$ $ 1,858

INTERNATIONAL HERITAGE FESTIVAL
October 5, 2024 10AM - 5PM
1500 Attendees
International Festival Committee
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CITY OF MODESTO

COMMITTEE AGENDA REPORT
DATE OF MEETING:

August 12, 2024
Date: July 10, 2024
TO: Safety and Communities Committee
Rosa Escutia-Braaton, Chair
Jeremiah Williams, Vice-Chair
Chris Ricci, Member
THROUGH: Joseph P. Lopez, City Manager
FROM: Jeremy Rogers, Director of Parks, Recreation and Neighborhoods SUBJECT: First Amendment to the Sutter Avenue Wastewater Treatment Facility New Cingular Wireless, PCS, LLC, Cell Tower Site Lease Agreement CONTACT: Nathan Houx, Parks Planning and Development Manager, [email protected], 209-571-5526
DESCRIPTION:

Consider a First Amendment to the Cell Tower Site Lease Agreement at the Sutter Avenue Wastewater Treatment Facility with New Cingular Wireless, PCS, LLC, to increase the lease area by an additional 150 square feet and to extend the maximum term of the Agreement through June 24, 2043, and forwarding to Council for approval. (Funding Source: Cell Tower Facility Rental Revenue)
STRATEGIC PLAN ELEMENT:

This item is consistent with the following 2020-2025 Strategic Plan Areas of Focus: Quality of Life and Governance and Service Delivery.

BACKGROUND:

The City of Modesto partners with various cellular communication service providers by leasing city property for the placement and use of cell towers. These partnerships are a benefit to the residents of the City of Modesto by improving cellular service coverage throughout Modesto, improving coverage for the Federal Communications Commission mandated E9111 Services, and providing annual revenue to the City of Modesto.

On June 25, 2013, by Resolution No. 2013-235, Council approved a 5-year lease agreement with New Cingular Wireless, PCS, LLC, for approximately 844 square feet of ground space at the Sutter Avenue Wastewater Treatment Facility for the construction of the communication 1 According to the Federal Communications Commission, “The FCC also requires wireless telephone carriers to provide 911 and E911 capability, where a Public Safety Answering Point (PSAP) requests it. Once it is implemented fully, wireless E911 will provide an accurate location for 911 calls from wireless phones.” - https://www.fcc.gov/general/9-1-1-and-e9-1-1-services
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Safety and Communities Committee, August 12, 2024
First Amendment to the Sutter Avenue Wastewater Treatment Facility New Cingular Wireless, PCS, LLC, Cell Tower Site Lease Agreement
Lease Agreement

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facilities. This agreement included three (3) extensions of five (5) years each, expiring June 24, 2033.

In late 2023, New Cingular Wireless, PCS, LLC, notified the City of their interest in amending the existing lease agreement to provide long-term site security.

DISCUSSION:

To provide long-term security, the cell tower owner at the Sutter Avenue Wastewater Treatment Facility, New Cingular Wireless PCS, LLC, requests that the City provide a long-term extension to this contract. This extension will give New Cingular Wireless PCS, LLC, assurance that their large capital investment of costly communication equipment will be secure well beyond the current agreement’s expiration date. Additionally, this amendment will also provide some stability of a site that provides E911 services for the citizens of Modesto. Finally, this amendment will provide a fixed revenue source to the City for the next 20 years.

Included in the First Amendment to the Site Lease Agreement (attached) are the following notable changes:
1) Additional land: An additional one hundred fifty (150) square feet of leased ground space for additional telecommunication equipment.
2) Term extension: Two (2) additional, five (5) year renewal terms which would extend the final contract expiration term to June 24, 2043, with an escalation rate of 3% annually. 3) Compensation: Additional rent in the amount of $250 per month, which will begin 60 days after the execution of the First Amendment, with an escalation rate of 3% annually.

New Cingular Wireless PCS, LLC, has done a good job maintaining the site in the past and there have been no recorded maintenance complaints at this site.

FISCAL IMPACT:

New Cingular Wireless, PCS, LLC, will continue to pay the City monthly rent according to the existing contract in the amount of $2,491.62 with an escalation rate of 3% every year. Over the remaining years of the current contract, the City will receive approximately $303,752 in revenue.

Revenue Projection for the remaining time of current cell tower lease agreement:

Sewer Operations Revenue (90%) $ 273,376
Administration and Contract Support (10%) $ 30,376
Total Estimated Revenue during remaining contract term $ 303,752 If approved, this amendment will provide new revenue to the City of approximately $522,580 over the full term of the amendment.

Additional Revenue Projection if this first amendment is approved:

Sewer Operations Revenue (90%) $ 470,322
Administration and Contract Support (10%) $ 52,258
Total Estimated Revenue during 10-year contract extension $ 522,580 Ten percent (10%) of the monthly revenue will be deposited into the Parks, Recreation and Neighborhoods Department’s Parks Planning and Development Division’s revenue account #3..
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First Amendment to the Sutter Avenue Wastewater Treatment Facility New Cingular Wireless, PCS, LLC, Cell Tower Site Lease Agreement
Lease Agreement

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#0100-32020-46002 for administration, and the remaining 90% of the revenue will be deposited into the Sewer Operations Fund revenue account #4210-44313-46004.

No budget adjustment is required currently. Staff will budget the estimated cell tower revenue to the operating budget during future annual budget processes.

CEQA/NEPA REQUIREMENTS:

The approval of this agreement is exempt from CEQA because it is an administrative action.

RECOMMENDED COMMITTEE ACTION:

Staff Recommendations:

Motion recommending a First Amendment to the Cell Tower Site Lease Agreement at the Sutter Avenue Wastewater Treatment Facility with New Cingular Wireless, PCS, LLC, to increase the lease area by an additional 150 square feet and to extend the maximum term of the Agreement through June 24, 2043, and forwarding to Council for approval.

Approved by:

Jeremy Rogers, Director of Parks, Recreation and
Neighborhoods
Joseph P. Lopez, City Manager
Attachments:

1. First Amendment to the New Cingular, PCS, LLC, Lease Agreement at the Sutter Avenue Wastewater Treatment Facility

2. Original Cell Tower Agreement
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1 2019 Generator Amendment
Market: RFSR
Cell Site Number: CVL01930
Cell Site Name: WEST HATCH - UTISTCIK
Fixed Asset Number: 10134769

FIRST AMENDMENT TO LEASE AGREEMENT
THIS FIRST AMENDMENT TO LEASE AGREEMENT (“First Amendment”) dated as of the latter of the signature dates below, is by and between City of Modesto, a municipal corporation of the State of California (“Landlord”), having a mailing address of P.O. Box 642, Modesto, CA 95353 and New Cingular Wireless PCS, LLC, a Delaware limited liability company, having a mailing address of 1025 Lenox Park Blvd NE , 3rd Floor, Atlanta, GA 30319 (“Tenant”).

WHEREAS, Landlord and Tenant entered into a Lease Agreement dated June 25th of 2013, whereby Landlord leased to Tenant certain Leased Premises, therein described, that are a portion of the Property located at Assessor’s Parcel Number 037-037-001 and a common address of 1221 Sutter Avenue, Modesto, CA ("Agreement"); and
WHEREAS, Landlord and Tenant, in their mutual interest, wish to amend the Agreement as set forth below.

NOW THEREFORE, in consideration of the foregoing and other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, Landlord and Tenant agree as follows:

1. New Premises Area. Landlord agrees to increase the size of the Leased Premises leased to Tenant to accommodate Tenant’s needs. Upon the execution of this First Amendment, Landlord leases to Tenant the additional premises of 10’ x 15’ (150 SF) described on attached Exhibit 1-A (“New Premises Area”). Landlord’s execution of this First Amendment will signify Landlord’s approval of Exhibit B-1. The Premises under the Agreement and the New Premises Area shall collectively be referred to as the Premises under the Agreement.

2. Generator. Tenant shall have the right to install, repair, maintain, modify, replace, remove, utilize and operate (including but not limited to operate as may be required by applicable law) equipment within the New Premises Area, including without limitation a concrete pad and generator thereon, including back-up power supply. Tenant shall have the right to access the New Premises Area in accordance with the access rights granted in the Agreement. The generator shall remain the property of Tenant, and Tenant shall have the right to remove or modify it at any time.

3. Rent. Commencing the first day of the month following the Effective Date (“Increase Commencement Date”), Rent shall be increased by Two Hundred and Fifty Dollars and No/100 Dollars ($250.00) per month, subject to further adjustments, if any, as provided in the Agreement; provided that the first such increased payment shall not be due until sixty (60) days after the Increase Commencement Date and provided further #3..
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2 2019 Generator Amendment
that, for any partial month occurring after the Increase Commencement Date, the increased Rent amount shall be pro-rated.

4. Other. Landlord represents and warrants that, to its knowledge, no conditions exist within the New Premises Area or otherwise on the Property where the Premises and New Premises Area are located that would adversely impact Tenant’s permitting and/or installation of a generator within the New Premises Area. Landlord authorizes Tenant to prepare, execute and file all required applications to obtain any government approvals for Tenant’s use of the New Premises Area and agrees, at Tenant’s request, to reasonably assist Tenant with such applications and with obtaining and maintaining the government approvals. Nothing herein shall limit the Landlord's regulatory authority as a governmental agency over the use of the New Premises Area. Tenant may use the generator in the manner set forth in applicable law. Tenant may terminate this First Amendment by written notice to Landlord at any time, and the Rent increase set forth in Section 3 shall not take effect or shall be cancelled, as applicable, following any such termination. Prior to termination of the First Amendment, Tenant shall remove its equipment from the New Premises Area unless Landlord consents in writing to Tenant abandoning any equipment thereon. Tenant shall repair any damage, less ordinary wear and tear and damage caused by casualty, to the New Premises Area caused by its removal activities.

5. Renewal of Term. In addition to the Renewal Terms presently set forth in the Agreement, the parties hereby agree to add two (2) additional Renewal Terms of five (5) years each. Accordingly, at the end of the final Renewal Term presently set forth in the Agreement, the Term will automatically renew for two (2) separate consecutive additional periods of five (5) years each (each being defined as a Renewal Term) upon the same terms and conditions of the Agreement, unless Tenant notifies Landlord in writing of Tenant’s intention not to renew the Agreement at least sixty (60) days prior to the expiration of the existingRenewal Term. In no case shall the Term extend beyond June 24th, 2043.

6. Section 18 of the Agreement is hereby deleted in its entirety and replaced with the following:

Notices. All notices, requests, demands and communications hereunder will be given by first class certified or registered mail, return receipt requested, or by a nationally recognized overnight courier, postage prepaid, to be effective when properly sent and received, refused or returned undelivered. Notices will be addressed to the parties as follows. #3..
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3 2019 Generator Amendment
If to LANDLORD: If to TENANT: New Cingular Wireless PCS, LLC City of Modesto
Department of Parks,
Recreation and
Neighborhoods
Attn: TAG - LA
P.O. Box 642 Re: Cell Site # CVL01930
1010 Tenth St. Cell Site Name: West Hatch – Utistick
Suite 4400 Fixed Asset #: 10134769
Modesto, CA 95353 1025 Lenox Park Blvd NE
3rd Floor
Atlanta, GA 30319
With copy to: New Cingular Wireless PCS, LLC
Attn: Legal Department
Re: Cell Site # CVL01930
Cell Site Name: CA
Fixed Asset #: 10134769
208 S. Akard Street
Dallas, Texas, 75202-4206
The copy sent to the Legal Department is an administrative step which alone does not constitute legal notice. Either party hereto may change the place for the giving of notice to it by thirty (30) days prior written notice to the other as provided herein.

7. Memorandum of Lease. Either party will, at any time upon fifteen (15) days prior written notice from the other, execute, acknowledge and deliver to the other a recordable Memorandum of Lease substantially in the form of the Attachment 2. Either party may record this memorandum at any time, in its absolute discretion.

8. Other Terms and Conditions Remain. In the event of any inconsistencies between the Agreement and this First Amendment, the terms of this First Amendment shall control. Except as expressly set forth in this First Amendment, the Agreement otherwise is unmodified and remains in full force and effect. Each reference in the Agreement to itself shall be deemed also to refer to this First Amendment. The rights granted to Tenant herein are in addition to and not intended to limit any rights of Tenant in the Agreement. Unless otherwise specified herein or unless the context requires otherwise, the terms in the Agreement shall apply to the New Premises Area.

9. Capitalized Terms. All capitalized terms used but not defined herein shall have the same meanings as defined in the Agreement.
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4 2019 Generator Amendment
IN WITNESS WHEREOF, the parties have caused their properly authorized representatives to execute and seal this First Amendment on the dates set forth below.

LANDLORD: TENANT:

City of Modesto, a municipal corporation
of the State of California
New Cingular Wireless PCS, LLC,
a Delaware limited liability company
By: AT&T Mobility Corporation
Its: Manager
By: By:

Print Name: Print Name:

Its: Its:

Date: Date:

ATTEST:

By: _______________________________
DIANE NAYARES-PEREZ, CMC, City Clerk
APPROVED AS TO FORM:

By: ________________________________
JOSE M. SANCHEZ, City Attorney
APPROVED AS TO FORM:

By: ________________________________
MATTHEW BRALEY, ARM-PE, Risk Manager
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EXHIBIT B-1
Additional Premises Area
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CITY OF MODESTO

COMMITTEE AGENDA REPORT
DATE OF MEETING:

August 12, 2024
Date: June 13, 2024
TO: Safety and Communities Committee
Rosa Escutia-Braaton, Chair
Jeremiah Williams, Vice-Chair
Chris Ricci, Member
THROUGH: Joseph P. Lopez, City Manager
FROM: Brandon Gillespie, Chief of Police
SUBJECT: Non-Emergency Transport Application for Trauma Life Care Medical Transport CONTACT: Kalani Souza, Lieutenant, [email protected], 209-572-9500 DESCRIPTION:

Consider the application and issuance of a Permit to operate as a Non-Emergency Medical Transport Company to Trauma Life Care Medical Transport in the City of Modesto and forwarding to Council for approval. (Funding Source: General Fund) STRATEGIC PLAN ELEMENT:

This item is related to the 2020-2025 Strategic Plan goal of improving community safety and quality of life through a combination of prevention and intervention efforts that address safety and its underlying issues. (Goal A of Quality of Life Goals and Strategies) BACKGROUND:

The City of Modesto allows non-emergency medical transport companies to apply for a nonemergency transport permit. In addition to the application, the transport company is required to pay a filing fee of $1,000 and provide all the necessary documents and information as outlined in Modesto Municipal Code 3-9.01 to 3-9.20. Once the application, documentation, and necessary fees have been received by the Modesto Police Department (MPD), a background investigation must be completed by the department. Upon a successful completion of the background investigation, the application proceeds to a hearing before the City Council to determine whether the public convenience and necessity require the proposed service. The Council must grant the applicant a permit upon making the following findings:
(a) That the vehicles described in the application and proposed to be used are appropriate for the purpose of nonemergency transport;
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(b) That the color scheme, insignia, name, monogram or other distinguishing characteristics proposed to be used upon such nonemergency transport vehicles is not in conflict with and do not imitate any color scheme, insignia, name, monogram or other distinguishing characteristics used by any other person, in such manner as to mislead or tend to mislead, deceive, or defraud the public;
(c) That the applicant is fit, willing and able to perform nonemergency transport service and to conform to the provisions of this chapter, and such rules and regulations as may be promulgated by the Council. In making such findings, the Council shall take into consideration the character, experience, and responsibility of the applicant; (d) That the proposed nonemergency transport service is required by the public convenience and necessity. In making such finding, the Council shall take into consideration the number of nonemergency transport vehicles already in operation, whether existing nonemergency transport service is adequate to meet public need, and the probable effect of increased nonemergency transport service on local traffic conditions; and (e) None of the factors enumerated in Section 3-9.07 of the Modesto Municipal Code exist, such as misleading color schemes, disqualifying background factors, and proof of insurance.

After approval from Council has been provided, the permit will be issued by the Modesto Police Department.

Currently there are thirteen permitted ambulance companies in Modesto to provide nonemergency transport: America West, Amwest Ambulance, Bay Medic Transportation, Citizens Medical Transport, Heavenly Medical Transport LLC, MacIntosh Transport LLC, Medics Plus, NorCal Ambulance, Mediwest Non-Emergency Medical Transportation, Provident Senior Solutions, Inc, Quality Care Transport Inc, Rose Medical Transportation and Star Nonemergent Transportation.

DISCUSSION:

Trauma Life Care Medical Transport has applied to operate a non-emergency medical transportation service in the City of Modesto. Trauma Life Care Medical Transport has paid the $1,000 filing fee to cover administrative, investigative, and other incidental costs associated with the application and have provided all necessary information as outlined in Sections 3-9.01 to 3-

9.20 of the Modesto Municipal Code. Photos of the proposed vehicles were provided. They depict vehicles that are appropriate for their intended use, and the vehicle color and markings are not misleading. In reviewing the application and subsequent background, it appears the applicant can perform the proposed services, and these services benefit the public convenience and necessity based on the number of licensed providers currently operating in the city. There are no disqualifying factors at this time. The MPD concluded the required background investigation on Trauma Life Care Medical Transport indicating the applicant has complied with the requirements contained in the Modesto Municipal Code 3-9.01 through 3-9.20 and recommended to staff to proceed with Council approval to issue the operational permit. #4..
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Non-Emergency Transport Application for Trauma Life Care Medical Transport

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FISCAL IMPACT:

Trauma Life Care Medical Transport will be required to obtain a City Business license and renew it annually – which currently costs $75 and includes a $4 fee to the State of California for Disability Act AB1379. Additionally, Trauma Life Care Medical Transport will be required to pay mill tax, which is currently at a rate of 0.002, on their gross receipts while operating in the city. Fees and mill tax paid to the City are revenue to the General Fund.

RECOMMENDED COMMITTEE ACTION:

Staff Recommendations:

Motion recommending the application and issuance of a Permit to operate as a Non-Emergency Medical Transport Company to Trauma Life Care Medical Transport in the City of Modesto and forwarding to Council for approval.

Approved by:

Brandon Gillespie, Chief of Police
Joseph P. Lopez, City Manager
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CITY OF MODESTO

COMMITTEE AGENDA REPORT
DATE OF MEETING:

August 12, 2024
Date: July 22, 2024
TO: Safety and Communities Committee
Rosa Escutia-Braaton, Chair
Jeremiah Williams, Vice Chair
Chris Ricci, Member
THROUGH: Joseph P. Lopez, City Manager
FROM: Bill Sandhu, Director of Public Works
SUBJECT: Award Travel Time Bluetooth Data Services Agreement CONTACT: Max Navarro, Associate Engineer, [email protected], 209-571-5116 DESCRIPTION:

Consider a Purchasing Agreement with Streetlight Data Inc. of San Francisco CA, for Travel Time Bluetooth Data Services for collecting and observing vehicle circulation around Modesto for a total amount not to exceed $140,000 over a four-year agreement and forwarding to Council for approval. (Funding Source: Congestion Mitigation and Air Quality) STRATEGIC PLAN ELEMENT:

This item is consistent with Council’s Strategic Plan Area of Focus “Quality of Life Goals and Strategies”; engage partners across the community to safety, resilience, and attractiveness of Modesto; Goal A: “Improve community safety and quality of life through a combination of prevention and intervention efforts that address safety and it’s underlying issues.” BACKGROUND:

The City of Modesto Traffic Engineering and Operations Division applied for Congestion Mitigation and Air Quality (CMAQ) funds to purchase Bluetooth Travel Time Data services.

Information collected using Bluetooth Travel Time Data software will align with the Traffic Signal Masterplan to proactively evaluate and update corridor timing plans, evaluate overall performance of arterial roadways corridors for all modes of transportation including passenger cars, trucks, pedestrians, and bicyclists. This data will provide City staff insight into traveler demand across Modesto, helping prioritize key movements across our network.

On January 28, 2020, by Resolution No. 2020-056, Council accepted the Traffic Signal Master Plan identifying “Traveler Information” as an Intelligent Transportation System Program Objective in conjunction with the Local Street Management objective to maximize green phasing.
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Safety and Communities Committee August 12, 2024
Award Travel Time Bluetooth Data Agreement

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DISCUSSION:

On April 05, 2023, the City Manager authorized the Purchasing Manager to solicit the procurement for Bluetooth Data and Software for Traffic Flow. As part of a cooperative purchasing plan, the Purchasing Manager identified the Southern California Association of Governments (SCAG) Request for Proposals (RFP) #23-018 for Analytic Platform. On September 22, 2022, proposals were opened at Southern California Association of Governments (SCAG), 900 Wilshire Blvd., Ste 1700, Los Angeles, CA. Three proposals were received and ranked in accordance with the criteria outlined in RFP 23-018 resulting in the award of two proposals. Among the two awarded contracts was Streetlight Data, Inc. City staff recommends to award to Streetlight Data, Inc., San Francisco, CA to purchase Bluetooth Data & Software for Traffic Flow for a four-year period, for a total amount not to exceed $140,000.

The community of Modesto and its visitors utilize the network signal communication to circulate and arrive at their destinations. Bluetooth data will provide metrics such as travel times, speeds, real-time data, turning movements allowing City staff to maximize green phasing for demand.

This will utilize our existing Advanced Traffic Management System (ATMS) and signal equipment. The coordination and active evaluation of signal performance is a day-to-day task for the Traffic Engineering & Operations and Electrical Divisions. Our coordinated signal system allows motorists to progress in sequence so platoons of vehicles can proceed through a series of green lights. Bluetooth Travel Time Data provides real-time information across the whole network and arterial roadways, tracking vehicles in between signalized locations.

Modesto Municipal Code Section 8-3.203 generally requires all purchases which meet or exceed $100,000 for material, equipment, or contractual services to be formally bid. However, exceptions to the formal bidding process are granted in MMC 8-3.204(d) “Where the Purchasing Manager, in her discretion, determines that a process other than the formal bid procedures set for in Section 8-3.203 will result in a procurement for the City at the lowest possible cost commensurate with the desired quality.” In addition, MMC 8-3.202(h) encourages the Purchasing Manager to join with the State of California or other units of government in cooperative purchasing plans when the best cost savings interest of the City would be served.

By utilizing the Southern California Association of Governments (SCAG), the City is complying with the requirements defined under this code for Travel Time Bluetooth Data services.

FISCAL IMPACT:

The City was granted $150,000 from the CMAQ grant program through Stanislaus Council of Governments (StanCOG), the City utilized toll credits in place of the local match requirement.

The budget for the grant will be budgeted in Project 101243.

ANTICIPATED AGREEMENT EXPENDITURES
Consultant Services $140,000
TOTAL $140,000
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Safety and Communities Committee August 12, 2024
Award Travel Time Bluetooth Data Agreement

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CEQA/NEPA REQUIREMENTS:

The State has determined that this project has no significant impact on the environment as defined by the National Environmental Policy Act (NEPA). The City has analyzed the proposed purchasing agreement and determined it is exempt from the California Environmental Quality Act (CEQA) under Section 15061(b)(3) of the CEQA guidelines because it can be seen with certainty that there is no possibility that approval of the purchasing agreement may have a significant effect on the environment.

RECOMMENDED COMMITTEE ACTION:

Staff Recommendations:

Motion recommending a Purchasing Agreement with Streetlight Data Inc. by utilizing the Competitive Bid Process with National Intergovernmental Purchasing Alliance (National IPA), SCAG, for the Travel Time Bluetooth Data Services, for a four-year Agreement not to exceed $140,000; and forwarding to Council for approval.

Approved by:

Bill Sandhu, Public Works Director
Joseph P. Lopez, City Manager
Attachments:

1. Agreement

2. Exhibit A - Modesto Presentation

3. Exhibit B – Price Schedule
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MASTER DATA ACCESS AGREEMENT
This MASTER DATA ACCESS AGREEMENT (this “Agreement”) is made as of the Effective Date in the corresponding Subscription Order, (the “Effective Date”) by and between STREETLIGHT DATA INC., a Delaware corporation, with its principal offices located at 4 Embarcadero Center, Suite 3800, San Francisco, CA 94105, (“StreetLight”) and CUSTOMER, an Entity organized under the laws of State of Incorporation with offices at Address, (“Customer”). In connection with this Agreement, Customer has entered into a corresponding Subscription Order for access to the Data Products, the terms of which are incorporated by reference herein.

Background:

WHEREAS, StreetLight owns or has the rights to the Data Products (as defined below) and offers subscription based access to the Data Products;
WHEREAS, Customer desires to obtain a subscription to access and use the Data Products in accordance with the terms and conditions of this Agreement.

NOW, THEREFORE, in consideration of the promises and covenants made herein and other good and valuable consideration, receipt and sufficiency of which is hereby acknowledged, the parties agree as follows:

Agreement:

1. DEFINITIONS.

1.1 “Data Products” means StreetLight’s proprietary compilations of geospatial materials created from StreetLight’s data analytics technology platform and software (StreetLight Route Science® and StreetLight Insight®) including but not limited to polygons, attributes, latitudes/longitudes, and metrics (which are inherently subjective and may contain errors).

1.2 “Subscribed Output” means the materials generated for Customer as output as specified in a Subscription Order.

1.3 “Subscription” means Customer’s access to StreetLight’s Data Products and the use of StreetLight’s Subscribed Output under the terms of this Agreement and any applicable Order.

1.4 “Subscription Order” or “Order” means the corresponding ordering document entered into between the parties which specifies the Subscribed Products to be accessed, the scope of access, permitted use, and any special restrictions.

1.5 “User(s)” means a specific individual or individuals (e.g., an employee or named consultant contractor of Customer) designated by Customer and permitted to access the Data Products and receive and use the Subscribed Output on behalf of Customer under a specific Subscription Order.

2. STRUCTURE; ACCESS.

2.1 Scope of Agreement. This Agreement consists of the general terms and conditions set forth in this document and in the Order. The performance of the Order is subject to the general terms and conditions of this Agreement. In the event of any conflict between the general terms and conditions set forth in this Agreement and those in the Order, the terms and conditions in the Order shall control.

2.2 Access. StreetLight grants to Customer, for the subscription term specified in the applicable Order, a non-exclusive license to access and use the Data Products and Subscribed Output solely for governmental transportation planning and operational analyses.

2.3 Identification of Users. Customer shall identify the Users to StreetLight and shall supply only Users identified to StreetLight with access to the Data Products and Subscribed Output. Customer shall supply Users access to the Data Products and Subscribed Output only in accordance with the provisions of this Agreement.

StreetLight acknowledges that Customer may deliver the Subscribed Output to named consultants who are performing subcontracting services in support of a specific Subscription Order. Customer shall be responsible for ensuring that Users access the Subscribed Output and Data Products only in accordance with the provisions of this Agreement.

2.4 Limitations on Access. Customer shall not: (a) sell, lease or sublease access to the Data Products; (b) copy, decompile, or reverse engineer any portion of the Data Products; (c) use the Data Products to #5..
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provide third party processing services to other parties, commercial timesharing, rental or sharing arrangements, or on a “service bureau” basis; (d) remove any StreetLight titles, trademark symbols, copyright symbols and restrictive legends; (e) bypass or disable any protections that may be put in place to provide security for the Data Products or to protect against unlicensed use of the Data Products; (f) use the Data Products to store, transmit or produce infringing, libelous, or otherwise unlawful or tortious material, or to store or transmit material in violation of third-party privacy rights; (g) introduce into the Data Products, or use the Data Products to transmit, viruses, Trojan horses and other harmful or malicious code; (h) interfere with or disrupt the integrity or performance of the Data Products or thirdparty data contained therein; or (i) use the Data Products with any products, systems, or applications for or in connection with (1) real time navigation or route guidance, including but not limited to turn-by-turn route guidance that is synchronized to the position of a User's or a third party’s sensor-enabled device; or (2) any systems or functions for automatic or autonomous control of vehicle behavior.

2.5 Reasonable Precautions. Customer shall implement, and shall take measures to maintain, reasonable and appropriate administrative, technical, and physical security safeguards designed to: (i) ensure compliance with the limitations in Section 2.4; (ii) protect against anticipated threats or hazards to the security or integrity of the Data Products; and, (iii) protect against unauthorized access or use of the Data Products.

2.6 No Re-identification. With respect to the use of the Subscribed Output, Customer represents and warrants that: (i) it does not have the ability to use the Subscription and the Subscribed Output to determine the identity of any specific person; (ii) it shall make no attempt to obtain data permitting it to use the Subscription and the Subscribed Output to determine the identity of any person; (iii) it will not accept any information from any third party that permits the use of the Subscribed Output to make such an identification; and (iv) it will make no such identification.

2.7 Excess Use. If Customer exceeds its permitted use of the Subscription, Customer will promptly notify StreetLight and within thirty (30) days thereafter: (i) disable unpermitted or excess use; or (ii) purchase additional subscriptions. StreetLight may review Customer’s use of the Subscription, and Customer shall provide any reasonable assistance, to verify Customer’s compliance with the Agreement. StreetLight may suspend Customer’s use of the Subscription after giving thirty (30) days’ written notice of non-compliance identified in such review, in addition to any other rights or remedies StreetLight may have.

3. EFFORTS AND ADDITIONAL SERVICES.

3.1 Efforts. StreetLight will use commercially reasonable efforts to provide the access and permitted use of the Subscribed Output to Customer as set forth in the applicable Subscription Order. Any addition to the list of Subscribed Output or changes to the access and permitted use of the Subscribed Output will be described in amendments to the Subscription Order, which will be effective when signed by a representative of each party who is authorized to execute contracts. Upon execution by both parties, an amendment to the Subscription Order will become a part of this Agreement.

4. COMPENSATION; PAYMENT TERMS; TAXES.

4.1 Except as expressly set forth in the applicable Order: (a) Subscription fees are invoiced yearly in advance, and (b) Customer shall pay each invoice in full within thirty (30) days after the date of invoice in U.S. dollars. If Customer is delinquent in payment of amounts for the services owed hereunder, StreetLight may give notice to Customer of such delinquency and, in such case, Customer will have thirty (30) days from receipt of StreetLight’s written notice to cure the delinquency.

4.2 StreetLight will be entitled to late-payment fees on undisputed amounts due if payments are not received within thirty (30) days after the due date. Late payment fees are defined as the lesser of one and a half percent (1.5%) of the amount due, compounded each subsequent thirty (30) day period that invoices remain unpaid, or the maximum amount permitted by law. Customer will promptly notify StreetLight of any amounts disputed in good faith. The parties will make a good faith attempt to amicably resolve any disputes regarding amounts billed.

4.3 All charges will be exclusive of any taxes and Customer shall be financially responsible for all sales or services taxes that are assessed on the Subscription or the use of the Subscribed Output, excluding any withholding or taxes based upon StreetLight’s income.

5. PROPRIETARY RIGHTS.

5.1 Ownership. As between StreetLight and Customer, all rights, title, and interest in and to all intellectual property rights in StreetLight’s Confidential Information, the Data Products, and the Subscribed Output, are owned exclusively by StreetLight. StreetLight shall have a royalty-free, worldwide, non-exclusive, transferable, #5..
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sub-licensable, irrevocable, perpetual right to make, use, sell, offer for sale, import, or otherwise incorporate into the Data Products, any suggestions, enhancements, recommendations or other feedback provided by Customer.

5.2 No Implied License. Except for the limited license set forth in Section 2.2, StreetLight reserves all rights in the Data Products and Subscribed Output and any related StreetLight Confidential Information or intellectual property.

6. CONFIDENTIALITY.

6.1 Definition.
(a) “Confidential Information” means the proprietary information, technical data, trade secrets or know-how, including, but not limited to, ideas, works of authorship, research, product plans, products, services, customers, customer lists, markets, software, developments, inventions, processes, formulas, technology, designs, drawings, engineering, hardware configuration information, marketing, finances or other business information disclosed by a party or a party’s affiliate (collectively, the “Disclosing Party”) either directly or indirectly in writing, orally or by drawings or inspection of parts or equipment to the other party (the “Receiving Party”). (b) Notwithstanding anything to the contrary herein, any data relating to Customer operations which is provided by Customer, will be deemed to be Confidential Information. (c) Confidential Information does not include information which (i) has become publicly known and made generally available through no wrongful act of the Receiving Party, (ii) has been rightfully received by the Receiving Party from a third party who is authorized to make such disclosure, (iii) was developed independently without the use of any Confidential Information, or (iv) was already in the Receiving Party’s possession at the time of disclosure from a source other than the Disclosing Party and without any obligation of confidentiality.

6.2 Non-Disclosure. Confidential Information may be used by the Receiving Party solely for the purpose for which it is disclosed to the Receiving Party, and as permitted under this Agreement, and may not be used for any other purpose. StreetLight shall hold all data and information input by Customer or provided to StreetLight by Customer in Customer’s use of the Data Products to which StreetLight has access in confidence without limitation and may not use or disclose any of it without Customer’s written consent. During the term of this Agreement and for a period of five (5) years following the date of termination or expiration of this Agreement, the Receiving Party shall hold the Confidential Information in confidence and may not use or disclose the Confidential Information, except as expressly permitted herein, without the prior written consent of the Disclosing Party, which consent may not be unreasonably withheld. The Receiving Party shall take all reasonable measures to protect the Confidential Information of the Disclosing Party from becoming known to the public or falling into the possession of persons other than those Representatives authorized to have any such Confidential Information, which measures shall include the same degree of care that the Receiving Party uses to protect its own information of a similar nature, but in no event less than a reasonable degree of care. The Receiving Party may only disclose the Confidential Information to its Representatives who have a legitimate “need to know,” have been advised of the obligations of confidentiality under this Agreement and are bound in writing to obligations of confidentiality to Receiving Party no less stringent than those set out in this Agreement. For purpose of this Section 6, “Representative” means, with respect to the Receiving Party, its affiliates and its and their officers, directors, stockholders, members, partners, employees, financial and other advisors, attorneys, accountants, consultants and agents.

6.3 Required Disclosure. Nothing in this Agreement will prohibit the Receiving Party from disclosing Confidential Information of the Disclosing Party if legally required to do so by law, by judicial or governmental order or in a judicial or governmental proceeding (“Required Disclosure”); provided that Receiving Party shall: (a) where permitted, give the Disclosing Party reasonable notice of such Required Disclosure prior to disclosure; (b) cooperate with the Disclosing Party in the event that it elects to contest such disclosure or seek a protective order with respect thereto; and (c) in any event only disclose the exact Confidential Information, or portion thereof, specifically requested by the Required Disclosure.

6.4 Equitable Relief. In the event of a breach or threatened breach of the foregoing confidentiality obligations by one Party, the other shall suffer immediate and irreparable harm for which, money damages shall be impossible to calculate and be inadequate compensation. Accordingly, either party shall be entitled to seek an injunction, restraining order or other equitable relief to enforce compliance with the provisions hereof; provided, however, that no specification herein of any particular legal or equitable remedy shall be deemed or construed to prohibit either party from seeking or obtaining any other remedy under this Agreement, at law or in equity.

7. NO WARRANTIES.
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THE DATA PRODUCTS ARE PROVIDED “AS IS” WITHOUT WARRANTY, EXPRESS OR

IMPLIED, INCLUDING WARRANTIES ARISING UNDER STATUTE, WARRANTIES OF MERCHANTABILITY,

ACCURACY, TITLE, NON-INFRINGEMENT OR FITNESS FOR A PARTICULAR PURPOSE OR ANY WARRANTIES ARISING FROM USAGE OF TRADE, COURSE OF DEALING OR COURSE OF PERFORMANCE.

WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, STREETLIGHT SPECIFICALLY DOES NOT

WARRANT THAT THE DATA PRODUCTS WILL MEET THE REQUIREMENTS OF CUSTOMER OR OTHERS OR THAT THEY WILL BE ACCURATE OR OPERATE WITHOUT INTERRUPTION OR ERROR. CUSTOMER

ACKNOWLEDGES THAT IN ENTERING THIS AGREEMENT IT HAS NOT RELIED ON ANY PROMISE,

WARRANTY OR REPRESENTATION NOT EXPRESSLY SET FORTH HEREIN OR INCORPORATED INTO THIS AGREEMENT BY REFERENCE.

8. INDEMNIFICATION; LIMITATION OF LIABILITY.

8.1 Indemnification.
(a) To the extent permitted by law, Customer hereby agrees to indemnify and defend StreetLight and its directors, officers, agents and employees, and hold them harmless, against any and all third party claims, suits, actions, loss, damages, liabilities, costs or expenses (including reasonable attorneys’ fees) to the extent arising out of: (i) Customer’s non-compliance with all applicable laws, or the violation of any applicable law or regulation; (ii) Customer’s use of the Data Products; and (iii) Customer’s breach of its confidentiality obligations or any other term of this Agreement.
(b) StreetLight hereby agrees to indemnify and defend Customer and its directors, officers, agents and employees, and hold them harmless, against any third party claims, suits, actions, loss, damages, liabilities costs or expenses (including reasonable attorneys’ fees) to the extent arising out of: (i) StreetLight’s infringement of any copyright or other intellectual property rights of any third party; and (ii) StreetLight’s breach of its confidentiality obligations under this Agreement. If the Data Products, or any portion thereof, becomes subject to any third party suit, claim, action or demand (“Claim”) or in StreetLight’s reasonable judgment is likely to become subject to a Claim alleging that it infringes, misappropriates or violates a third party’s intellectual property rights, StreetLight may within a reasonable time, at its sole option and expense, either: (i) secure for Customer the right to continue the use of such item; (ii) replace such item with a substantially equivalent item not subject to any such Claim; (iii) modify such item so that it becomes no longer subject to any such Claim; or (iv) contest the Claim. If StreetLight determines, in StreetLight’s reasonable discretion, that it is not commercially feasible to either procure the right to continued use of the applicable item or to replace or modify the applicable item as provided in clauses (i), (ii) or (iii) of the immediately preceding sentence, StreetLight may terminate access to the item and StreetLight’s sole liability under this Section shall be to refund Customer all fees and expenses paid by Customer to StreetLight for such item. THIS SECTION

8.1 STATES EACH PARTY’S ENTIRE LIABILITY AND THE OTHER PARTY’S EXCLUSIVE REMEDY FOR THIRD PARTY INFRINGEMENT CLAIMS AND ACTIONS.

8.2 Process. All of the foregoing indemnity obligations of StreetLight and Customer are conditioned on: (i) the indemnified party notifying the indemnifying party promptly in writing of any actual or threatened Claim, provided that failure to give prompt notice shall not relieve the indemnifying party’s obligation hereunder unless the indemnifying party’s ability to defend the Claim is prejudiced in a material way; (ii) the indemnified party giving the indemnifying party sole control of the defense thereof and any related settlement negotiations, and (iii) the indemnified party cooperating and, at the indemnifying party’s request and expense, assisting in such defense.

8.3 Limitation of Liability.

IN NO EVENT SHALL EITHER PARTY BE LIABLE TO THE OTHER PARTY FOR

PUNITIVE, INDIRECT, INCIDENTAL, SPECIAL, OR CONSEQUENTIAL DAMAGES OR EXPENSES ARISING OUT OF THIS AGREEMENT EVEN IF IT HAS BEEN ADVISED OF THE POSSIBLE EXISTENCE OF SUCH LIABILITY.

EXCEPT FOR CLAIMS RELATING TO A PARTY’S BREACH OF CONFIDENTIALITY

OBLIGATIONS, TO THE EXTENT PERMITTED BY LAW, THE TOTAL, CUMULATIVE LIABILITY OF EACH PARTY

ARISING OUT OF OR RELATED TO THIS AGREEMENT, WHETHER BASED ON CONTRACT, IN TORT OR ANY

OTHER LEGAL OR EQUITABLE THEORY, SHALL BE LIMITED TO THE CONTRACT AMOUNT PAID BY CUSTOMER TO STREETLIGHT DURING THE PREVIOUS TWELVE (12) MONTHS. THE EXISTENCE OF MORE THAN ONE CLAIM SHALL NOT ENLARGE THIS LIMIT.

9. TERM AND TERMINATION.

9.1 Term. This Agreement is effective as of the Effective Date and shall continue in full force and #5..
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effect for a term of one (1) year. Each Order shall be effective as of the date set forth in the applicable Order and shall continue in full force and effect until (a) the end date set forth in such Order or, if no end date is specified, then upon the expiration of termination of this Agreement; or (b) termination in accordance with the terms of this Agreement or the applicable Order.

9.2 Termination.
(a) If any breach of this Agreement or of a Subscription Order occurs, and such breach is not cured within thirty (30) days after written notice from the non-defaulting party, the non-breaching party shall have the right to terminate this Agreement or the affected Subscription Order by giving written notice of termination to the breaching party, which termination shall be effective thirty (30) days after receipt of such written notice of termination.
(b) Without limiting the general application of Section 9.2(a), if StreetLight reasonably believes that Customer is violating or has violated Sections 2.3, 2.5 or 2.6 in any material way, StreetLight may suspend Customer access to the Data Products immediately upon notice to Customer. If after good-faith discussion with Customer, StreetLight believes in its sole discretion that Customer is violating or has violated Sections 2.3, 2.5, or 2.6 in any material way, StreetLight may terminate this Agreement or any Order immediately upon notice to Customer.
(c) Customer may terminate this Agreement or any Subscription Order immediately upon notice to the StreetLight if StreetLight becomes insolvent, is dissolved or liquidated, has a petition in bankruptcy, reorganization, dissolution or liquidation, or similar action filed by or against it, is adjudicated a bankrupt, has a receiver appointed for its business, or makes an assignment for the benefit of creditors.

9.3 Effect of Termination.
(a) Upon expiration or other termination of the Agreement or any Subscription Order for any reason, Customer shall stop using, and StreetLight shall stop providing the Subscribed Output or access to the Data Products, as the case may be. If the Agreement or a Subscription Order is terminated by Customer due to StreetLight’s breach, then StreetLight shall refund to Customer, within thirty (30) days after the effective date of termination, all prepaid fees for the remaining portion of any terminated Subscriptions. If the Agreement or a Subscription Order is terminated by StreetLight due to Customer’s breach, then Customer shall pay to StreetLight, within thirty (30) days after the effective date of termination, any unpaid fees for the terminated Subscription Order that would have been payable for the remainder of the Subscription Term after the effective date of termination. (b) Any and all rates, fees and charges set forth in an Order shall be firm and binding for the Order term. In the event this Agreement expires or is terminated by Customer as permitted by Section 9.2, all of the Orders then in effect shall also terminate unless Customer expressly requests otherwise. In the event that Customer requests that one or more Orders not terminate as set forth in the preceding sentence, then the terms and conditions of this Agreement shall continue in full force and effect, and shall continue to apply, with respect to such Orders for the respective Subscription terms.
(c) Upon the expiration or termination of this Agreement for any reason, Sections 2.2-

2.6, 5, 6, 7, 8, 9.3 and Section 10 of this Agreement, together with any other provision required for their construction or enforcement, shall survive termination of this Agreement for any reason.

10. MISCELLANEOUS.

10.1 This Agreement will be governed by the laws of the State of California, without regard to the principles of conflicts of laws thereof.

10.2 This Agreement does not create a joint venture, partnership, employment relationship or other agency relationship between the parties.

10.3 StreetLight may refer to Customer in its marketing materials and on its website as a customer or client, provided that StreetLight does not disclose the nature of the services or products provided to Customer in a manner which identifies Customer, without Customer consent.

10.4 Any failure or delay on the part of either party in the exercise of any right or privilege hereunder shall not operate as a waiver thereof, nor shall any single or partial exercise of any such right or privilege preclude other or further exercise thereof or of any other right or privilege. All waivers and consents, if any, given hereunder shall be in writing.
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10.5 Neither party shall assign this Agreement nor any of its rights, interests, privileges, licenses or obligations hereunder without the other party’s prior written permission; notwithstanding the foregoing either party may assign its rights hereunder to any successor in interest to all or substantially all of such party’s assets to which this Agreement pertains.

10.6 The headings in this Agreement are inserted for convenience of reference only, and are not intended to be a part of, or to affect the meaning or interpretation of, this Agreement.

10.7 In the event that any provision of this Agreement is found to be invalid, voidable or unenforceable by any court of law with competent jurisdiction, the parties agree that unless it materially affects the entire intent and purpose of this Agreement, such invalidity, voidability or unenforceability shall not affect either the validity of this Agreement or the remaining provisions herein, and the provision in question shall be deemed to be replaced with a valid and enforceable provision most closely reflecting the intent and purpose of the original provision.

10.8 Any rights and obligations which by their nature survive and continue after the end of this Agreement shall survive and continue and shall bind the parties and their successors and assigns, until such obligations are fulfilled.

10.9 This Agreement may be signed in one or more counterparts, each of which will be considered an original, but all of which together form one and the same instrument. Once signed, both parties agree any reproduction of this Agreement made by reliable means (for example, photocopy or facsimile) shall be considered an original unless prohibited by law.

10.10 This Agreement and any Orders constitute the entire agreement between the parties with respect to the subject matter hereof, and supersedes and replaces all prior or contemporaneous understandings or agreements, written or oral, regarding such subject matter.

10.11 Unless otherwise provided in this Agreement, all notices, requests, consents and other communications required or permitted under this Agreement will be in writing and will be sent to each party at the address set out in the preamble of this Agreement or any address later provided by such party. All notices will be sent by registered or certified mail, reputable overnight courier or by e-mail or fax with receipt confirmation. All notices sent by registered or certified mail will be deemed effective on the fifth day after deposit in the mail. All notices sent by overnight carrier or by fax will be deemed effective the day after deposit or transmission, as applicable.

10.12 Pursuant to the Electronic Signatures in Global and National Commerce Act and the Uniform Electronic Transaction Act, both parties agree to accept an electronic signature as a valid replacement of an ink and paper signature for this Agreement.

CUSTOMER ACKNOWLEDGES THAT IT HAS READ THIS AGREEMENT, UNDERSTANDS IT, AND AGREES TO BE LEGALLY BOUND BY IT.
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STREETLIGHT DATA PROPRIETARY & CONFIDENTIAL | 1
Introduction to
StreetLight
Steve Ferguson, StreetLight
November 2023
Better Data for Better Transportation Decisions
Sri Desikan, Solution Engineer
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STREETLIGHT DATA PROPRIETARY & CONFIDENTIAL | 2
Agenda

1. Big Data / StreetLight Overview

2. StreetLight Case Studies

3. Platform Demonstration

4. Q & A, Next Steps
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STREETLIGHT DATA PROPRIETARY & CONFIDENTIAL | 4
New modes and new behaviors have raised the bar
on the data you need to help [DOT] move better.

EV adoption
Deliveries Remote work
Infrastructure
reinvestment
Mode shift
Ride hailing
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STREETLIGHT DATA PROPRIETARY & CONFIDENTIAL | 5
Measure all modes and
how they INTERACT.

StreetLight’s Overview
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STREETLIGHT DATA PROPRIETARY & CONFIDENTIAL | 6
Multiple data sources power StreetLight’s cloud-based
software that lets you measure transportation
STREETLIGHT DATA PROPRIETARY & CONFIDENTIAL | 6
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STREETLIGHT DATA PROPRIETARY & CONFIDENTIAL | 7
StreetLight distills massive amounts of transportation data into actionable insights you need to make decisions.

It’s not just
about the data
It’s about the
decisions it enables
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STREETLIGHT DATA PROPRIETARY & CONFIDENTIAL | 8
What kind of data? StreetLight pioneered the use of location data and continuously adds new data sources to measure mobility.

Since 2011, we have harnessed 100s of
data sources that contribute to our
RouteScience® engine, developing
unmatched transportation data
processing capabilities and a deep,
empirical understanding of how North
America’s roads and sidewalks interact.

We have built a trusted data science
foundation, so you don’t have to.
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STREETLIGHT DATA PROPRIETARY & CONFIDENTIAL | 9
Data-driven transportation works better.

Measure any road, any mode – using
your standard transportation metrics.
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STREETLIGHT DATA PROPRIETARY & CONFIDENTIAL | 10
National or regional Level City or neighborhood Level
AADT
on every road
Statewide
AADT
Any road or geographic area. From network scans to local planning, measure transportation at any level of spatial granularity. #5..
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STREETLIGHT DATA PROPRIETARY & CONFIDENTIAL | 11
National or regional Level
Any road or geographic area. From network scans to local planning, measure transportation at any level of spatial granularity.

Any road, intersection or corridor
Statewide
AADT
City or neighborhood Level
AADT
on every road
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STREETLIGHT DATA PROPRIETARY & CONFIDENTIAL | 12
Your data is valuable.

We partner with you to make the most of it.
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Get a complete view of your transportation universe that bridges data collection gaps and enables system-wide improvements.

D ATA O U R D ATA
Permanent Counters | Salt Lake City
Approx. 20 counters
K e y :

Counter
locations
StreetLight “coverage” of Vehicular Travel *
1,860+ miles of roadway
* includes local and
rural roads
V e h i c l e
V o l u m e
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Marry datasets to diagnose crash propensity region-wide and prioritize infrastructure that improves safety.

D ATA
Pedestrian Traffic Deaths & Serious Injury Crashes
SLC.gov
K e y :

Pedestrian
Crashes
K e y :

Pedestrian
activity
Pedestrian Activity
StreetLight
Vehicle speed | Peak-hour
K e y :

O U R D ATA
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StreetLight is your trusted transportation data partner Market-leading
repository of
mobility data
2 1 Your data
Your system-wide view of
how your geography moves.

Consistent, validated, privacy
protecting, and always-on.
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Industry Experience: StreetLight is used in 95% MSAs
STREETLIGHT DATA PROPRIETARY & CONFIDENTIAL | 16
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STREETLIGHT DATA PROPRIETARY & CONFIDENTIAL | 22
Use Cases and Case Studies
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STREETLIGHT DATA PROPRIETARY & CONFIDENTIAL | 23
Routes analyzed for cut-through traffic
Challenge:

Residents and planners in this California city
weren’t sure if cut-through traffic restrictions
(ramp metering and turn restrictions) were
working.

StreetLight Solution:

The analysis traveled “back in time” to
measure traffic before and after the
restrictions were in place, revealing a 25%
decrease in traffic on ramps, and 33%
decrease in neighborhood cut-through
traffic.

Evaluating Performance
Measures
“StreetLight Data’s
platform was the best
way for us to get realworld evidence that new
traffic policies reduce
smartphone-driven traffic
jams. The analytics
helped build public buy
in, too."

PUBLIC WORKS

DIRECTOR
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STREETLIGHT DATA PROPRIETARY & CONFIDENTIAL | 24
Challenge:

INCOG needs AADT traffic counts to feed into their
publicly-available web map that developers, business
owners, county officials, city planning departments, and others use to obtain standard AADT counts. Due to high
cost, many regions stopped collecting traffic counts,
creating gaps in data INCOG could provide to its
constituents.

StreetLight Solution:

INCOG entered 2,500+ zones into StreetLight Insight®
and was able to get the AADT counts for those specific
areas in minutes. They uploaded the counts into their
web map and subsequently updated the
Comprehensive Plan for Tulsa, provided counts to
county commissioners who were trying to understand
traffic flow on roads in unincorporated county, and
more.
2018 AADT counts for the Tulsa region in InSight®
An Oklahoma MPO Used
AADT Data to Compile a Web
Map for the Region
“It enables us to be more
customer friendly
because people can get
online and acquire
information about traffic
counts without calling
anyone or spending the
money on traffic counts.”

TY SIMMONS
INCOG
INCOG’s map showing AADT on
Tulsa region streets and highways
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STREETLIGHT DATA PROPRIETARY & CONFIDENTIAL | 25
Challenge:

Tualatin Hills Park & Recreation District secured funding to build a pedestrian/bicyclist bridge crossing U.S. Highway

26. Since the traditional Portland metro area model did not provide enough detail about pedestrian and bicycle activity, the Parks and Rec District asked Jacobs to help them
understand the existing conditions to support a trail and bridge facility to meet the needs of the community and
encourage mode shift away from vehicles.

StreetLight Solution:

Trading in traditional travel demand models for
StreetLight’s bike and pedestrian data, Jacobs
analyzed the current bike/ped activity in the area and
projected mode shift potential for the new bridge.

StreetLight’s O-D metrics captured the nuances needed
to support bike/ped planning and funding and they were
able to measure the social equity impact which ensured
the new bridge could benefit low-income individuals of
color.

Identifying opportunities
for bicycle and pedestrian
mode shift Jacobs analyzed the
amount of motor vehicle
trips that begin on one
side of U.S. Hwy 26 and
end on the opposite side
of the highway (within five
miles) to understand
potential mode shift.

Income distribution of regional trips to
the target zone, by mode (compared to
county as a whole).
“StreetLight gave us
the advantage of
learning what has
happened recently and
what’s happening now
to make decisions for
what is happening
next.”

SARAH JENNIGES
Jacobs
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First and Last Mile Connection
Understanding Multi-Modal Opportunities
What Census Block Groups have 40% of their trips less than 2 miles? PROPRIETARY AND CONFIDENTIAL | 26
What more can do we know about
the trips in San Pablo?
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First and Last Mile Connection
Understanding Multi-Modal Opportunities
What more do we know about the trips in San Pablo?
PROPRIETARY AND CONFIDENTIAL | 27
0%
5%
10%
15%
20%
25%
30%
35%
40%
45%
50%
Block Group 060133690014
Trip Length Distribution
0-2 miles 2-5 miles 5-10 miles 10-20 miles 20+ miles
0%
2%
4%
6%
8%
10%
12%
14%
16%
18%
20%
Block Group 060133690014
Household Income Distribution
Less than 20K 20K to 35K 35K to 50K 50K to 75K 75K to 100K 100K to 125K 125K to 150K 150K to 200K 200K +
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STREETLIGHT DATA PROPRIETARY & CONFIDENTIAL | 28
Challenge:

City of Pittsburgh officials are deploying various initiatives to make the city safer for pedestrians and bicyclists. But the City faces many inherent challenges: various
topographical barriers, scarcity of available cartway space, high demand for on-street parking, and unusual road
geometry. Although the team had existing vehicle data,
they did not have information on bicycle and pedestrian travel to help pinpoint where traffic-related crashes were occurring.

StreetLight Solution:

StreetLight’s Bicycle and Pedestrian O-D Metrics helped transportation planners better understand resident travel behavior, mode choices, and trip assignments. StreetLight Metrics analyzed bike-ped trips, overlaid with city crash data and revealed unexpected insights into severe crash probability – the most severe crashes occurred in the
areas with lower bike and pedestrian traffic. The study proved the importance of real-world travel data to verify anecdotal claims and assumptions.

Bike and Pedestrian Safety
for an Equitable City
Relative pedestrian activity combined with pedestrian crash data for Pittsburgh.

Pittsburgh divided into zones by relative bicycle activity, and overlaid with bicycle crash data. “We no longer have to
make assumptions in
people’s trip activity
and travel behaviors.

Now we have data to
support our research
and it separates fact
from fiction.”

PANINI CHOWDHURY,
AICP
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STREETLIGHT DATA PROPRIETARY & CONFIDENTIAL | 30
Challenge:

During COVID-19, the City of Pasadena wanted to be able to manage the traffic flow and traffic speeds, so they
implemented various traffic signal timing techniques to reduce the speed on the corridors with outdoor dining and other arterials. They wanted to be able to efficiently monitor traffic volumes and speeds city-wide and measure the impact of their traffic-calming measures. They were able to access these insights remotely, without setting up traffic counters.

StreetLight Solution and Results:

The city used the Segment Analysis feature in StreetLight InSight® to quantify volume reduction and increased speeds.

Key takeaways for traffic volume:
• 60% decrease in traffic volume after stay-at-home order • Traffic volume steadily increased since the stay-at-home order drop • As of August 2020, volume remains about 20% below 2019 levels Key takeaways for vehicles traveling 10+ mph over the speed limit:
• Motorists speeding increased by 40% after stay-at-home order • Motorists speeding decreased by 25% after traffic calming • Motorists speeding is slightly below 2019 levels
Tracking Pasadena Traffic
Trends During COVID-19
View the full video here:
https://youtu.be/6VpjoFwN-hw
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STREETLIGHT DATA PROPRIETARY & CONFIDENTIAL | 43
StreetLight Demo
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[email protected]
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StreetLight InSight® Subscription Order Form
This StreetLight InSight® Subscription Order Document (the “Subscription Order” or “Order”) and the corresponding StreetLight Data Master Data Access Agreement (the “Agreement”) between StreetLight Data, Inc. (“StreetLight”) and Customer (as defined below) is entered into as of the date of last signature below (“Effective Date”) and governs Customer’s access to and use of the Data Products. Undefined capitalized terms used in this Subscription Order will have the meanings set forth in the Agreement.

Customer Legal Name: Billing Contact Name:

City of Modesto Kim Presson
Entity Type: Billing Email:
city [email protected]
State of Incorporation Billing Address
California P.O. Box 642
Modesto, California 95353
United States
Under the terms of the Agreement, accessible at https://streetlightdata.egnyte.com/dl/UkodhqBrfZ of which this Subscription Order is a part, Customer agrees to license and StreetLight agrees to provide access to the following Data Products in the indicated quantity and at the indicated pricing in U.S. Dollars:

Subscription Services
Enterprise Subscription Package TAZs Price Tax Annual Total Solution Package - Corridor & Congestion Management 36 $35,000.00 $0.00 $35,000.00 Solution Package - Mode Share 36 $0.00 $0.00 $0.00
Solution Module - Active Transportation Monitor 36 $0.00 $0.00 $0.00 Solution Package - Truck Mode 36 $0.00 $0.00 $0.00
Premium Onboarding 36 $0.00 $0.00 $0.00
USD $35,000.00
Product Special Terms
StreetLight acknowledges that the Subscribed Output will be used by Customer for the Corridor and Congestion management studies.

Customer Input Files
Customer will provide input Zones containing the boundaries of the Zones and directionality designation (if necessary) either via spatial files or via the StreetLight InSight® Web Application. A Zone can be a road segment, a TAZ or any other geospatial shape as defined by Customer. StreetLight may modify Zones to improve Metric results.

Delivery
Delivery via StreetLight InSight® Web Application.

Term
As of the Effective Date for an initial term of one (1) year, and shall automatically renew for three additional one-year terms.

Payment Terms
Payment due within thirty (30) days of the Effective Date. Payment is accepted by check or ACH/EFT.

Exhibit B
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StreetLight Data Preferred Payment Method: ACH/EFT
Bank of America
302 Folsom St, San Francisco, CA 94105
Bank Routing Number (ACH): 111000012
Bank Routing Number (wires): 026009593
Bank Account Name: Streetlight Data, Inc.

Bank Account Number: 4451744791
Remittance Notification Email: [email protected]
Please remit payment, if by check to:

StreetLight Data Inc
P.O. Box 744733
Los Angeles, CA 90074-4733
Notices
Any notices under this Agreement will be directed, if to Customer, to the Contact listed above, and if to StreetLight, at:

ATTN: Legal Department,
StreetLight Data, Inc.
4 Embarcadero Center, Suite 3800,
San Francisco, CA 94105
Email: [email protected]

CUSTOMER ACKNOWLEDGES THAT IT HAS READ THIS SUBSCRIPTION ORDER DOCUMENT AND

THE CORRESPONDING AGREEMENT, AND UNDERSTANDS AND AGREES TO BE LEGALLY BOUND BY THEIR TERMS.

IN WITNESS WHEREOF, this Subscription Order has been executed by the parties through their duly authorized officers.

StreetLight Data, Inc. City of Modesto
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SIGNATURE: SIGNATURE:
\n2\ \n1\
NAME: NAME:
\t2\ \t1\
TITLE: TITLE:
\d2\ \d1\
DATE: DATE:
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CITY OF MODESTO

COMMITTEE AGENDA REPORT
DATE OF MEETING:

August 12, 2024
July 19, 2024
TO: Safety and Communities Committee
Rosa Escutia-Braaton, Chair
Jeremiah Williams, Vice Chair
Chris Ricci, Member
THROUGH: Joseph P. Lopez, City Manager
FROM: Bill Sandhu, Director of Public Works
SUBJECT: Award Automated Traffic Signal Performance Measures Agreement CONTACT: Max Navarro, Associate Engineer, [email protected], 209-571-5116 DESCRIPTION:

Consider an Agreement with Swarco McCain Inc. of Vista, CA for integrating signal performance metrics for the Automated Traffic Signal Performance Measures for a total amount not to exceed $131,670 and forwarding to Council for approval. (Funding Source: Congestion Mitigation and Air Quality)
STRATEGIC PLAN ELEMENT:

This item is consistent with Council’s Strategic Plan Area of Focus “Quality of Life Goals and Strategies”; engage partners across the community to ensure the safety, resilience, and attractiveness of Modesto; Goal A: “Improve community safety and quality of life through a combination of prevention and intervention efforts that address safety and it’s underlying issues.”
BACKGROUND:

The City of Modesto Traffic Engineering and Operations Division applied for Congestion Mitigation and Air Quality (CMAQ) funds to install Automated Traffic Signal Performance Measures (ATSPM) at 100 traffic signal locations. ATSPM implementation aligns with the Traffic Signal Masterplan to proactively evaluate and update time-of-day signal timing plans, evaluate overall performance of individual traffic signals and corridors for all modes of transportation including automobiles, transit vehicles, pedestrians, and bicyclists. This tool will allow City staff better access to signal performance so concerns or signal timing events can be resolved in less time.

On January 28, 2020, by Resolution No. 2020-056, Council accepted the Traffic Signal Master Plan identifying ATSPM as a Local Street Management Strategy to proactively manage the traffic on local streets.
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Safety and Communities Committee August 12, 2024
Automated Traffic Signal Performance Measures Award and Agreement

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DISCUSSION:

The City maintains more than 122 traffic signals outside the Downtown area. The coordination and active evaluation of signal performance is a day-to-day task for the Traffic Engineering & Operations and Electrical Divisions. Our coordinated signal system allows motorists to progress in sequence so platoons of vehicles can proceed through a series of green lights. The signal timing for coordination is typically evaluated periodically, every few years, to keep in pace with the traffic flows. ATSPM provides data collection and data analysis tools to make the evaluations more responsive in a shorter time. The proposed ATSPM system utilizes our existing Advanced Traffic Management System network of fiber optic cable, system of traffic signal controllers, and video detection cameras. It builds on our existing investment in traffic signal management and circulation throughout the City of Modesto.

On September 20, 2022, the City Manager authorized the Purchasing Manager to solicit the procurement to configure and integrate into the existing Advanced Traffic Management System.

On March 08, 2024, the Purchasing Division issued Request for Proposals (RFP) #2223-15 for the Automated Traffic Signal Performance Measure System on the City’s PlanetBids public bidding website under various commodity codes.[1] Seventy-three prospective bidders were notified online and via email of the bid opportunity. Thirty companies downloaded the RFP document from PlanetBids.

On April 9, 2024, proposals were formally opened in the City Clerk’s office and broadcast via Microsoft Teams Livestream. Five proposals were received, there were no local proposals received.

An evaluation committee comprised of three City staff members which included Senior Traffic Engineer, Electrical Supervisor, and Associate Engineer who evaluated the proposals, and the evaluation was based on project understanding, qualifications, implementation strategies, costs, and ease of expandability. The ATSPM project will be implemented at 100 traffic signal locations in the City, focusing on major corridors with existing fully actuated coordinated systems.

Based on being ranked highest in total evaluation criteria, the evaluation committee recommends the award of proposal for the Automated Traffic Signal Performance Measure System to Swarco McCain, Inc Vista, CA. Swarco McCain demonstrated in their proposal an in depth understanding of the City of Modesto’s existing Advanced Traffic Management System and expanded on how quickly and reliably their system can be deployed. They offered a full list of references which reinforced their qualifications for this work.

Modesto Municipal Code Section 8-3.203 generally requires all purchases, which meet or exceed $100,000 for material, equipment, or contractual services to follow the formal bid procedures. An Award of Proposal and Agreement for Consulting and Planning for Public Works Department use to Swarco McCain, Inc., Vista, CA, conforms to the Modesto Municipal code because the City complied with the formal bid procedures and Swarco McCain Inc. was the highest ranked proposal based on the evaluation criteria. [1] 96885 Traffic Counting Services, 55088 Traffic Signals and Equipment, Electrical Systems, 55089 Traffic signals and Equipment, Electrical Parts
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Safety and Communities Committee August 12, 2024
Automated Traffic Signal Performance Measures Award and Agreement

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FISCAL IMPACT:

The City was granted $500,000 from the CMAQ grant program through Stanislaus Council of Governments (StanCOG) and utilized toll credits in place of the local match requirement. The budget for the grant will be budgeted in Project 101128.

ANTICIPATED AGREEMENT EXPENDITURES
Consultant Services $119,700
10% Contingency $11,970
TOTAL $131,670
CEQA/NEPA REQUIREMENTS:

The State has determined that this project has no significant impact on the environment as defined by the National Environmental Policy Act (NEPA).

RECOMMENDED COMMITTEE ACTION:

Staff Recommendations:

Motion recommending the Award of Proposal and Agreement for integrating signal performance metrics for the Automated Traffic Signal Performance Measures to Swarco McCain Inc. of Vista CA for a two (2) year agreement with five (5) one-year extension options for total and total amount not to exceed $131,670 over the life of the Agreement and forwarding to Council for approval.

Approved by:

Bill Sandhu, Public Works Director
Joseph P. Lopez, City Manager
Attachments:

1. Agreement

2. Cost Abstract

3. Scoring Abstract

4. City Request for Proposals (RFP) Document

5. Proposal for Awarding Proposer
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1 AGREEMENT #278960

FOR CONSULTANT SERVICES FOR AUTOMATED TRAFFIC SIGNAL PERFORMANCE

MEASURES (ATSPM) SYSTEM
THIS AGREEMENT, made and entered into in the City of Modesto, State of California, this day of , 2024, (“Effective Date”) by and between the CITY OF MODESTO, a municipal corporation of the State of California, hereinafter referred to as "City" and, Swarco McCain Inc., a California corporation, hereinafter referred to as "Consultant".

This Agreement is made with regard to the following recitals:

A. The City’s Public Works Department, Traffic Engineering Division has determined that Automated Traffic Signal Performance Measures (ATSPM) software system to monitor signal performance and to proactively identify and correct deficiencies.

B. Consultant represents that it is qualified, willing and able to provide the services to prepare said document(s).

NOW, THEREFORE, in consideration of this agreement, and the mutual promises, covenants, and stipulations hereinafter contained, the parties agree as follows:

1. SCOPE OF SERVICES.

Consultant shall undertake and complete the scope of work as set forth and described in the documents attached hereto and referred to as Exhibit "A" or "Project".

2. TERM OF AGREEMENT.

This Agreement is effective as of the date first written above and will continue in effect for a period of TWO YEARS with FIVE one-year extension options at the sole discretion of City, for a total of up to seven years.

City hereby gives Consultant notice to proceed with the preparation of the Project, as of the Effective Date of this agreement. Consultant shall diligently proceed with the completion of the Project within the time period set forth in Exhibit "B".
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2 3. COMPENSATION.

Consultant agrees to accept a sum not to exceed $119,700. (maximum compensation) as full remuneration for performing all services and furnishing all staffing and materials for Modesto in accordance with Exhibit "A".

The Compensation shall be paid pursuant in the manner and at the times set forth below:

City shall pay Consultant on a time and materials basis for Consultant’s actual costs for all work called for in Exhibit “A” to this Agreement. All work to be performed under this Agreement shall be billed at the package rates set forth in Exhibit “B” attached hereto. Consultant shall submit monthly invoices to City which include detailed tasks, hours worked, and billable rates for all work completed, and detailed receipts for any reimbursable expenses paid by Consultant and identified in Exhibit “B” or approved by the City in writing.

City shall pay Consultant Net 30 terms via CITY’s ePay Program.

Additional services may be authorized by the City Manager in an amount up to, but not to exceed 10% of the agreed maximum compensation, or $11,970. In the event that additional services are deemed necessary, the Consultant shall provide a written request to the City Manager indicating the reason for additional work, scope and cost of such work. The City Manager shall provide a written response to the request, either approving or denying the additional expenditure. If additional services are requested and approved, they will be billed at the hourly rates set forth in Exhibit “B” and may not exceed the amount requested and approved in writing by the City Manager. In that event, the new total compensation shall not exceed $131,670. If additional services in excess of this amount are deemed necessary by City Staff, an amendment to this Agreement will be required and must be approved prior to commencing the work.

4. OBLIGATIONS OF CONSULTANT.
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3 Throughout the term of this Agreement, Consultant shall possess, or secure all licenses, permits, qualifications and approvals legally required to conduct business. Consultant warrants that it has all of the necessary professional capabilities and experience, as well as all tools, instrumentalities, facilities and other resources necessary to provide the City with the services contemplated by this Agreement. Consultant further warrants that it will follow the best current, generally accepted and professional practices to make findings, render opinions, prepare factual presentations, and provide professional advice and recommendations regarding this project.

5. PERFORMANCE BY KEY EMPLOYEE.

Consultant has represented to City that Mr. Luke Baker will be the person primarily responsible for the performance of the services referred to in this Agreement. City has entered into this Agreement in reliance on that representation by Consultant. Consultant therefore agrees that fifty percent 50% or more of the time to be devoted to the project that is the subject of this Agreement will be that of the abovenamed person.

6. OWNERSHIP OF DOCUMENTS/TITLE TO DATA.

Ownership of Documents
All reports, drawings, designs, graphics, working papers and other incidental work or materials furnished hereunder shall become and remain the property of the City, and may be used by City as it may require without any additional cost to City. No reports shall be used by the Consultant for purposes other than this contract without the express prior written consent of City.

Title to Data
If, as a part of the agreement, Consultant is required to produce data such as, but not limited to, drawings, plans, specifications, calculations, models, flow diagrams, visual aids and other related materials, the originals of all such data generated under this agreement will be delivered to City upon the completion or termination of services under the contract. It is understood and agreed that the documents and #6..
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4 other materials, including but not limited to those described above, prepared pursuant to this Agreement are prepared specifically for the City and are not necessarily suitable for any future or other use.

All materials, documents, data or information obtained from the City data files or any City medium furnished to Consultant in the performance of this Agreement will at all times remain the property of the City. Such data or information may not be used or copied for direct or indirect use by Consultant after termination of this Agreement without written consent of the City.

7. NEWS AND INFORMATION RELEASE.

Consultant agrees that it will not issue any news releases in connection with either the award of this Agreement, or any subsequent amendment of or efforts under this Agreement, without first obtaining review and approval of said news releases from the City Manager.

8. CONFLICT OF INTEREST.

Consultant warrants that it presently has no interest and shall not acquire any interest, direct or indirect, which would create a “conflict of interest”, as that term is defined in the Political Reform Act (Gov. Code § 81000 et seq), for the Consultant in the performance of this Agreement. Consultant warrants that, in performance of this Agreement, Consultant shall not employ any person having any such interest. Consultant understands that, if this Agreement is made in violation of Government Code § 1090 et seq., the entire Agreement is void and Consultant will not be entitled to any compensation for services performed. Consultant agrees to file a Statement of Economic Interests with the City Clerk at the start and end of this contract if so required at the option of City.

9. AMENDMENTS.

This Agreement, including the Exhibits attached hereto, may be amended only by a writing signed by both Parties. City will not be responsible to pay any charges Consultant may incur in performing services not identified in Exhibit ‘A’ unless first authorized by the City in writing

10. INDEPENDENT CONTRACTOR.
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5 All acts of Consultant, its agents, officers, and employees and all others acting on behalf of Consultant relating to the performance of this Agreement, shall be performed as independent contractors and not as agents, officers, or employees of City. Except as City may specify in writing, Consultant has no authority to bind or incur any obligation on behalf of City. Consultant has no authority or responsibility to exercise any rights or power vested in the City. It is understood by both Consultant and City that this Agreement shall not under any circumstances be construed or considered to create an employer-employee relationship or a joint venture. Consultant, its agents, officers and employees are and, at all times during the terms of this Agreement, shall represent and conduct themselves as independent contractors and not as employees of City.

Consultant shall determine and control the method, details and means of performing the work and services to be provided by Consultant under this Agreement. Consultant shall be responsible to City only for the requirements and results specified in this Agreement, and, except as expressly provided in this Agreement, shall not be subjected to City's control with respect to the physical action or activities of the Consultant in fulfillment of this Agreement. Consultant is permitted to provide services to others during the same period service is provided to City under this Agreement. If necessary, Consultant has the responsibility for employing other persons or firms to assist Consultant in fulfilling the terms and obligations under this Agreement.

If in the performance of this Agreement any third persons are employed by Consultant, such persons shall be entirely and exclusively under the direction, supervision, and control of Consultant. All terms of employment including hours, wages, working conditions, discipline, hiring, and discharging or any other term of employment or requirement of law shall be determined by the Consultant.

It is understood and agreed that as an independent contractor and not an employee of City neither the Consultant or Consultant's assigned personnel shall have any entitlement as a City employee, right to act on behalf of the City in any capacity whatsoever as an agent, or to bind the City to any obligation #6..
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6 whatsoever. It is further understood and agreed that Consultant must issue W-2 forms or other forms as required by law for income and employment tax purposes for all of Consultant's personnel.

11. ASSIGNMENT.

Neither this Agreement nor any portion thereof shall be subcontracted or assigned, other than noted in Exhibit ‘A’, without the express prior written consent of the City in each and every instance.

12. PATENT/COPYRIGHT MATERIALS.

Unless otherwise expressly provided in the contract, Consultant shall be solely responsible for obtaining the right to use any patented or copyrighted materials in the performance of this Agreement. Consultant shall furnish a warranty of such right to use to City at the request of City.

13. NOTICES.

Notice required by this Agreement shall be given in writing and shall be deemed given and effective upon delivery provided that such are delivered in accordance with the provisions of this Section.

Notices shall be delivered either by: (a) personal delivery; (b) overnight courier service which obtains confirmation of delivery; or (c) certified pail, return receipt requested, if delivery is confirmed by a return receipt; or (d) by electronic transmission subject to reasonable proof that the notice was both transmitted and received. Each such notice shall be sent to the parties at the address respectively set forth below or to such other address as a party may designate by written notice given in accordance with the provisions of this Section:

FOR CONSULTANT: Name: Ms. Lori Tackett
Address: 2365 Oak Ridge Way
Vista, CA 92081
Email: [email protected]
Phone: (760) 734-5014
Facsimile: (760) 599-4572
FOR CITY: Name: Max Navarro
Address: P.O. Box 642
Modesto, CA 95353
Email: [email protected]
Phone: (209) 571-5116
Facsimile: (209) 571-5575
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7 14. INSURANCE REQUIREMENTS.

The Consultant shall provide at its own expense and maintain at all times the following insurance with insurance companies licensed in the State of California and shall provide evidence of such insurance to the City as may be required by the Risk Manager of the City. The policies or certificates thereof shall provide that, thirty (30) days prior to cancellation or material change in the policy, notices of same shall be given to the Risk Manager of the City via PINS Advantage Insurance Program, for all of the following stated insurance policies.

In the event the certificates of insurance required hereunder do not provide for notice of cancellation to the certificate holder and/or additional insureds, the Consultant shall provide, and shall require its subcontractors to provide, as an express condition precedent to payment hereunder, an endorsement from their insurers providing that the additional insureds identified herein shall be provided 30 days’ notice of the cancellation on the policies of insurance required hereunder (10 days’ notice if the policies are cancelled for non-payment of premium). In addition, the named insured on all such policies shall provide to the additional insureds identified herein any notices of cancellation of said insurance policies within 5 business days of receipt of such notice. The Consultant shall, as a further express condition precedent to payment for work performed, affirm under penalty of perjury that the required insurance on the project remains in place and said insurance has not been cancelled.
(a) General Liability insurance with a minimum limit of liability per occurrence of $1,000,000 for bodily injury and property damage. If Commercial General Liability Insurance or other form with a general aggregate limit is used, either the general aggregate limit shall apply separately to this project/location or the general aggregate limit shall be twice the required occurrence limit. This insurance shall indicate on the certificate of insurance the following coverages and indicate the policy aggregate limit applying to: premises and operations; broad form contractual; independent consultants and subcontractors; products and completed operations as applicable.
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8 (b) Automobile Liability insurance with a minimum limit of liability per occurrence of $1,000,000 for bodily injury and property damage. This insurance shall cover any automobile for bodily injury and property damage.
(c) Worker's Compensation - in compliance with the statutes of the State of California, plus employer's liability with a minimum limit of liability of $1,000,000. (d) Professional Liability insurance with a minimum limit of $1,000,000 per claim and policy aggregate. If coverage is on a claims made basis it shall be maintained for at least three (3) years following completion of the work.

If at any time any of said policies shall be unsatisfactory to the City, as to form or substance, or if a company issuing such policy shall be unsatisfactory to the City, the Consultant shall promptly obtain a new policy, submit the same to the Risk Manager for approval and submit a certificate thereof as hereinabove provided. Upon failure of the Consultant to furnish, deliver or maintain such insurance and certificates as above provided, this Agreement, at the election of the City, may be forthwith declared suspended or terminated. Failure of the Consultant to obtain and/or maintain any required insurance shall not relieve the Consultant from any liability under this Agreement, nor shall the insurance requirements be construed to conflict with or otherwise limit the obligations of the Consultant concerning indemnification. The City, its agents, officers, employees, and volunteers shall be named as an additional insured on all insurance policies required herein, except Workers' Compensation and Professional Liability. The Workers' Compensation insurer shall agree to waive all rights of subrogation against the City, its agents, officers, employees, and volunteers for losses arising from work performed by Consultant for the City. The Consultant's insurance policy(ies) shall include a provision that the coverage is primary as respects the City; shall include no special limitations to coverage provided to additional insured; and, shall be placed with insurer(s) with acceptable Best's rating of A:VII or with approval of the Risk Manager. The Consultant must deliver certificates evidencing existence of the insurance listed above to the City prior to the time the contract is signed. #6..
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9 CONSULTANT shall provide CITY with separate endorsements evidencing proof of the CITY’s additional insured status as to both the general liability and automobile liability insurance policies. In addition, CONSULTANT shall provide CITY with a Workers Compensation subrogation waiver by way of a separate endorsement. All endorsements referenced above must include the applicable policy number.

For any claims related to this project, the CONSULTANT’S insurance coverage shall be primary insurance as respects the Entity, its officers, officials, employees, and volunteers. Any insurance or self-insurance maintained by the Entity, its officers, officials, employees, or volunteers shall be excess of the CONSULTANT’S insurance and shall not contribute with it.

15. TERMINATION OF AGREEMENT.

Termination for Default
In the event either party fails to perform under this AGREEMENT or breaches any condition contained herein, the other party shall notify in writing the breaching party of the non-performance.

Within 10 days after receipt of notification, the breaching party shall correct any non-performance to the reasonable satisfaction of the non-breaching party, or such other time as may be identified in the notice. Failure to correct any non-performance shall allow the non-breaching party to terminate this AGREEMENT for cause.

Termination by City for Convenience
City may cancel this Agreement at any time, with or without cause, upon written notification to Consultant.

Post-Termination Procedure
Upon receipt of a written notice of termination, the Consultant shall:
a. Cease its work as directed in the notice of termination as of the termination date and see to it that its employees, subconsultants and agents are notified of such termination and act as specified in the notice of termination; b. Terminate all orders and Subcontractors except as necessary to complete any portion of the Work that is not terminated;
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10 c. If directed in writing by the City to do so, assign all right, title and interest in subcontracts and materials in progress to City, in which case the City will have the right at its discretion to settle, or pay any or all claims arising out of the termination of such subconsultants, but in no event shall recovery by any Consultant or subconsultant include lost profits for portions of the Work not completed or undertaken, including materials not delivered; d. Deliver or otherwise make available to the City all data, drawings, specifications, reports, estimates, summaries and such other information and material as may have been accumulated by the Consultant in performing the Work whether completed or in process;
e. Settle outstanding liabilities and claims, subject to the approval of City; f. Complete performance of such part of the Project as has not been terminated; g. Take such other actions as may be necessary, or as may be directed by the City for the protection and preservation of the Project and/or property related to the Project;
h. If City so requests, and at City's cost, Consultant shall provide sufficient oral or written status reports to make City reasonably aware of the status of Consultant's work on the project.
i. The Consultant understands and agrees that City may, in City's sole discretion, refuse to pay Consultant for that portion of Consultant's services which were performed by Consultant on the project prior to the termination date and which remain unacceptable and/or not useful to City as of the termination date.

City will pay Consultant for work actually completed prior to the receipt of the termination notice or otherwise completed in accordance with the notice of termination. The final payment to #6..
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11 the Consultant after termination for convenience shall be limited to amounts due and owing under the Agreement at time of termination, including the following:
a. The cost of settling and paying valid claims arising out of the termination of the Work such as subconsultant agreements or contracts for materials; b. The Agreement price allocable to the portion of the Work properly performed or goods supplied to the work site by the Consultant as of the date of termination, as determined in accordance with the notice of termination, reduced by any sums previously paid to the Consultant.

16. INDEMNITY.

The Consultant shall hold the City, its agents, officers, employees, and volunteers, harmless from and save, defend and indemnify them against any and all claims, losses, liabilities, judgments or damages from every cause, including but not limited to injury to person or property or wrongful death, including reasonable costs and expenses of defense of any judicial or administrative action, arising directly or indirectly out of any negligent or intentional act or omission of Consultant, or its agents, officers, employees, or volunteers relating to or during the performance of its obligations under this Agreement.

Consultant's obligation to defend, indemnify, and hold the City, its agents, officers, and employees harmless under the provisions of this paragraph is not limited to or restricted by any requirement in this Agreement for Consultant to procure and maintain a policy of insurance.

In the event that Consultant or any employee, agent, or subcontractor of Consultant providing services under this Agreement is determined by a court of competent jurisdiction or the California Public Employees Retirement System (PERS) to be eligible for enrollment in PERS as an employee of City, Consultant shall indemnify, defend, and hold harmless City for the payment of any employee and/or employer contributions for PERS benefits on behalf of Consultant or its employees, agents, or subcontractors, as well as for the payment of any penalties and interest on such contributions, which would otherwise be the responsibility of City.

17. DISPUTE RESOLUTION.
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12 Venue for all claims, controversies, or disputes arising out of, or relating to the formation of this Agreement, or the breach, termination execution, enforcement, interpretation, or validity of this Agreement, including the determination of the scope or applicability of this contract provision shall be in the Superior Court of Stanislaus County or the United States District Court for the Eastern District of California.

18. ATTORNEYS’ FEES.

If a party to this AGREEMENT brings any action, including an action for declaratory relief, to enforce or interpret the provision of this AGREEMENT, the prevailing party shall be entitled to reasonable attorneys’ fees in addition to any other relief to which that party may be entitled. The court may set such fees in the same action or in a separate action brought for that purpose.

19. ENTIRE AGREEMENT.

This Agreement and its exhibits contain the entire understanding between Consultant and City. All previous proposals, offers and communications relative to this Agreement, whether oral or written, are hereby superseded except to the extent that they have been incorporated into this Agreement.

20. PARTIAL INVALIDITY.

If any provision in this Agreement is held by a court of competent jurisdiction to be invalid, void, or unenforceable, the remaining provisions shall nevertheless continue in full force without being impaired or invalidated in any way.

21. WAIVER.

The waiver by any party to this Agreement of a breach of any provision hereof shall be in writing and shall not operate or be construed as a waiver of any other or subsequent breach hereof unless specifically stated in writing.

22. AUDIT.

The City's duly authorized representative shall have access at all reasonable times to all reports, contract records, contract documents, contract files, and personnel necessary to audit and verify Consultant's charges to City under this Agreement.
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13 Consultant agrees to retain reports, records, documents, and files related to charges under this Agreement for a period of four (4) years following the date of final payment for Consultant services. City's representative shall have the right to reproduce any of the aforesaid documents.

23. GOVERNING LAW.

This Agreement shall be governed according to the laws of the State of California.

24. HEADINGS NOT CONTROLLING.

Headings used in the Agreement are for reference purposes only and shall not be considered in construing this Agreement.

25. COMPLIANCE WITH LAWS.

Consultant shall insure compliance with all safety and hourly requirements for employees, in accordance with federal, state, and county safety and health regulations and laws. Consultant shall fully comply with all applicable federal, state, and local laws, ordinances, regulations and permits.

26. CITY BUSINESS LICENSE.

Consultant will have a City of Modesto business license. #6..
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14 IN WITNESS WHEREOF, the City of Modesto, a municipal corporation, has authorized the execution of this Agreement by its City Manager and attestation by its City Clerk under authority of Resolution No. 2024- , adopted by the Council of the City of Modesto on the day of , 2024, and (CONSULTANT) has caused this agreement to be duly executed as of the Effective Date. #6..
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Exhibit B
Price Schedule for Automated Traffic Signal Performance Measures (ATSPM) System Role Start Complete Work Hours Rate / HR Price
Sr. Project Manager Tue 08/13/24 Wed 12/04/24 20 $165.00 $3,300.00 Jr Project Manager Tue 08/13/224 Thu 11/21/24 7 $150.00 $1,050.00 ITS Engineer Wed 08/21/24 Fri 09/27/24 279 $165.00 $46,035.00 Sr. ITS Engineer Tue 08/13/24 Fri 12/06/24 120 $175.00 $21,000.00 Sub Total 426 -- $71,385.00
Travel Time Module -- -- $30,315.00
Server Upgrade: -- -- $18,000.00
TOTAL: 426 -- $119,700.00

1. Transparity® Signal Performance Measures (SPM) is an inclusive component of Transparity® Traffic Management System (TMS) licensing, the existing central traffic management system: therefore, there is no additional annual fees affiliated with the collection, local storage, and maintenance of the SPM reports and analytics.

2. The cost included in Table 1 demonstrates one-time costs associated configuration needed to enable Transparity SPM. In addition, the maintenance of the proposed ATSPM system is also an inclusive factor of the Transparity TMS maintenance agreement.

3. The ten (10) intersections listed under the Oakdale Corridor in Proposal Form C – Pricing Schedule are already being configured with the proposed ATSPM system, Transparity SPM, under the active Adaptive Traffic Control Software Purchase Order (PO). Therefore, they are not being charged for in this project.
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Evaluator Initials: Proposals Evaluation
RFP No. 2223-15 - Procurement of the ATSPM system, vendor will furnish, install, configure, integrate, and test softaware and hardware that provides intersection performance measures, corridor performance measures, planning measures, and optional multimodal measures.

Maximum
Score ECONOLITE PARSONS AM SIGNAL
ITERIS
SWARCO
Requirements - Primary Selection Criteria - 100 total points possible Project Understanding and Approach:

This is an assessment of the Proposer's understanding of the existing system and approach to utilize existing communication and traffic signal system to provide complete ATSPM capabilities.
5 4 5 2 5 5
Firm Qualitifcation, System Capability, and Client Reference:

This is an assessment of the Proposer's overall qualifications including relevant firm experience, capabilities of the system, and feedback from existing clients/users. 45 39 36 32 41 44
Implementation Schedule to Deliver a Complete Operational System:

This is an assessment of the realistic estimate of implementing a fully functional ATSPM system, including City's estimate of time needed to implement all infrastructure improvements, if needed (based on Proposer's input), plus the Proposer's estimate to deploy an ATSPM system.
10 8 8 4 9 9
Proposed System Integration Cost, Including Maintenance and Licensing Cost:

This is an assessment of the total implementation cost for the system, including annual maintenance cost of the system in short-term (3 years) and long-term (10 years). 30 15 22 20 25 30
Systems Commitment to Research and Development, Ease of Expandability:

This is an assessment of the openess to integrate with advanced and innovative features. The Proposer's overall system and how easily additional and futuristic innovative solutions (example integration with Waze/Google, adding Orgin-Destination modules, adding bicycle detection cameras, etc.) can be added to the ATSPM system. 10 8 7 7 8 8
Total Score 100 74 78 65 88 96
Ranking 3 4 5 2 1
Please include brief comments on each proposal here and why you scored the way you did:

ECONOLITE:
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1 REQUEST FOR PROPOSALS (“RFP”) NO. 2223-15
FOR

AUTOMATED TRAFFIC SIGNAL PERFORMANCE MEASURES (ATSPM) SYSTEM

THE PAYMENT OF PREVAILING WAGES IS NOT REQUIRED

ANY RESULTING CONTRACT WILL BE PARTIALLY OR FULLY FEDERALLY FUNDED PROPOSAL OPENING: APRIL 09, 2024 at 11:00 A.M.

CITY OF MODESTO CONTACT: Max Navarro, Associate Engineer, EIT E-MAIL ADDRESS: [email protected]
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2 TABLE OF CONTENTS
Page
. Notice to Proposers............................................................................................................ 3 . City Contacts...................................................................................................................... 5 . Calendar of Events............................................................................................................. 5 . Precedence.......................................................................................................................... 5 .
. Virtual Bid Opening........................................................................................................... 6

GENERAL REQUIREMENTS
. Proposal Submittal ............................................................................................................. 7 . Acceptance/Rejection of Irregular Proposals..................................................................... 7 . Complete Proposal Document ........................................................................................... 7 . Compliance/Non-Compliance............................................................................................ 8 .
. Pricing Format.................................................................................................................... 8 .
. Award of Agreement.......................................................................................................... 9 . Criteria10
Prevailing Wage ............................................................................................................... 11 . Protest and Appeal Procedures......................................................................................... 11 .

REQUIRED PROPOSAL SUBMISSION DOCUMENTS (Sign Wherever Indicated) . Proposal Form A – RFP Acknowledgement ................................................................... 18 . Proposal Form B - Proposer Company Information........................................................ 22 . Proposal Form C - Pricing Schedule................................................................................ 24 . Proposal Form D – Proposer Exceptions, Clarifications, Amendments......................... 26 . Proposal Form E – Proposer Customer References......................................................... 27 . Proposal Form F - Financial Interest Disclosure ............................................................. 29 . Proposal Form G – Proposer Company History Statement ............................................ 32 . Proposal Form H - Proposer Financial Statements.......................................................... 33 . Proposal Form I – Addenda Acknowledgement.............................................................. 35 . Proposer Form J – Proposer Warranty Statements.......................................................... 36 . Proposal Form K – Proposer Experience and Certifications........................................... 37 . Proposal Form L - Subcontractor List.............................................................................. 38 Proposal Form M - .......................................................................................................... 39

TECHNICAL REQUIREMENTS
. Scope of Work.................................................................................................................. 42 . Required Licenses............................................................................................................ 49 .

ATTACHMENTS
. Sample Annual Agreement ............................................................................................. 50 #6..
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3 NOTICE TO PROPOSERS
NOTICE IS HEREBY GIVEN that the City of Modesto, County of Stanislaus, State of California (“City”), will receive at the City Clerk’s office, 1010 Tenth Street, Suite 6600, Modesto, CA 95354 sealed proposals (each, a “Proposal”) from qualified Proposers (each, a “Proposer”) for the furnishing of Automated Traffic Singal Performance Measures (ATSPM) System (the “Services”) for the City of Modesto, Department, Division.

Any equipment, materials, and supplies shall be furnished F.O.B. City of Modesto (delivery charges borne by Proposer, included in the Services pricing herein, and not separately charged to the City).

Proposers are highly recommended to download all RFP documents from the City’s Purchasing Division website at http://www.modestogov.com/257/Contracting-Proposal-Opportunities; such RFP documents shall include all specifications necessary for Proposers to submit a responsive Proposal..

Each Proposal shall be sealed and filed with the City Clerk’s office, 1010 Tenth Street, Suite 6600, Modesto, CA 95354 prior to Tuesday, April 09, 2024, at 11:00 A.M., at which time Proposals will be opened and recorded. All Proposals shall be available for review following City Council award approval at the Purchasing Division, 1010 Tenth Street, 5th Floor, Suite 5300, Modesto, CA 95354.

Proposals will be received only at the address shown above, and prior to the time indicated. Any Proposal received at or after said time and/or date, or at a place other than the stated address cannot be considered and will be returned to the Proposer unopened.

All Proposals, whether delivered by an employee of the Proposer, U.S. Postal Service, courier or package delivery service must be received and time stamped at the stated address prior to the time designated. The City Clerk’s time stamp shall be considered the official timepiece for the purpose of establishing the actual receipt of Proposals. The City of Modesto assumes no responsibility for delay in the delivery of the Proposal. Proposals will not be accepted by email or facsimile.

On the outside of the Proposal envelope and courier envelope, if any, the Proposer shall indicate the following:
“NAME AND ADDRESS OF PROPOSER
PROPOSAL IN RESPONSE TO REQUEST FOR PROPOSALS # 2223-15 PROPOSAL OPENING DATE: April 9, 2024, AT 11:00 A.M.”
Proposer must deliver your Proposal by a preferred method to the appropriate location below:

MAIL TO: CITY CLERK DELIVER/ COURIER TO: CITY CLERK
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REQUEST FOR PROPOSALS # 20223-15

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4 CITY OF MODESTO
P.O. BOX 642
MODESTO, CA 95354

CITY OF MODESTO
1010 10TH STREET, SUITE 6600
MODESTO, CA 95353
The City reserves the right to reject any or all Proposals or to waive any informalities or minor irregularities in a Proposal.

No Proposer may withdraw its Proposal for a period of 90 days after the date set for the opening thereof. #6..
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5 CALENDAR OF EVENTS
Event Date
RFP Issued March 8, 2024
Written Questions Due via Email March 20, 2024
Addendum Issued (if required) March 27, 2024 (approximate date) Proposal Due Date & Time BEFORE 11:00 A.M. on Tuesday, April 09, 2024 Contract Award Approximately August 2024

CITY CONTACT
All questions regarding these specifications, terms, and conditions shall be submitted in writing via email to the City’s Purchasing Division contact named on the cover page of this RFP (“City Contact”) by the date listed in the CALENDER OF EVENTS above. The City will respond to pertinent questions through issuance of an Addendum to be available to all Proposers. All contact between Proposer and the City regarding the Proposal process shall be through the City Contact. Attempts by the Proposer to contact other City personnel regarding this RFP and associated process may result in disqualification of the Proposer. Notwithstanding the foregoing, information intentionally or un-intentionally provided by any person other than the City Contact may not be correct and will not be binding upon the City.

PROPOSER FAMILIARITY WITH SERVICE CONDITIONS
It is the responsibility of each Proposer to become familiar with all of the specifications, terms and conditions and the site condition (if applicable). The Proposer agrees to and acknowledges all RFP specifications, terms, and conditions and indicates the ability to perform by submission of a Proposal.

By the submission of a Proposal, the Proposer certifies that if awarded a contract it will make no claim against the City based upon ignorance of conditions or misunderstanding of the specifications.

CALIFORNIA LABOR CODE SECTION 1771.1 (a)
The California Labor Code states that, “A contractor or subcontractor shall not be qualified to Proposal on, be listed in a Proposal subject to the requirements of Section 4104 of the Public Contract Code or engage in the performance of any contract for public work, as defined in this chapter, unless currently registered and qualified to perform public work pursuant to Section 1725.5. It is not a violation of this section for an unregistered contractor to submit a Proposal that is authorized by Section 7029.1 of the Business and Professions Code or by Section 10164 or 20103.5 of the Public Contract Code, provided the contractor is registered to perform public work pursuant to Section 1725.5 at the time the contract is awarded.”

PRECEDENCE
Proposer agrees that any agreement resulting from City’s acceptance of its Proposal, together with the terms in any City agreement and associated specifications provided by the City to Proposer therewith, shall comprise the entire agreement between City and Proposer. Moreover, Proposer agrees that any additional or contrary terms contained in Proposer’s acknowledgement of, shall be null and void. #6..
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6 VIRTUAL BID OPENING
The City of Modesto will be broadcasting Proposal openings live electronically via Microsoft Teams at 11:00 a.m. (Pacific Time) on Tuesday, April 9, 2024. The City Clerk Record of Proposal document should be available on Planet Proposals by the end of the same day.

The public Proposal opening for this Invitation for Proposals will be available using the URL link containing the Number and Title of the Proposal on the cover page, provided below. By submitting your Proposal for the above-stated RFP you acknowledge, understand, and agree to this modified Proposal opening procedure.
• URL:https://teams.microsoft.com/l/meetupjoin/19%3ameeting_NTI0YzBiMDMtNDQ0Yi00YjNlLWIwZjYtYzg4ZDVjMDdkM2Mz%40threa d.v2/0?context=%7b%22Tid%22%3a%22125ccacf-fc61-463c-9976- 189f876ff90b%22%2c%22Oid%22%3a%229715c333-c997-4dd7-8984-12cd4deaa705%22%7d • +1 (469) 998-7409
• Conference ID: 961 656 049#
Should you have any questions regarding this, please do not hesitate to contact the Purchasing Department Contact listed on the Cover Page.
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7 GENERAL PROPOSAL REQUIREMENTS
A. PROPOSAL SUBMITTAL: Proposers should submit two “inked” (preferably blue ink) signed original Proposal documents, plus one copy of the signed original Proposal document, and one electronic copy submitted via USB. The original Proposal document shall be clearly marked.

Photocopies do not constitute an original Proposal. FAILURE TO FURNISH AT LEAST TWO “INKED” SIGNED ORIGINAL PROPOSAL DOCUMENT MAY RESULT IN DISQUALIFICATION.

B. CONFIDENTIAL PROPOSER INFORMATION: It is the responsibility of the Proposers to identify information in their Proposal submission that they may consider to be confidential under the California Public Records Act. To the extent that the City agrees with that designation, such information will be held in confidence whenever possible. All other information will be considered public.

C. PROPOSER COSTS INCURRED IN RESPONDING TO RFP: All costs associated with the preparation and submission of a Proposal shall be borne by the Proposer.

D. PROPOSER EXCEPTIONS: All exceptions taken to this RFP and associated specifications shall be specifically and clearly identified on Exceptions, Clarifications and Amendments form.

Failure to comply with this provision may deem the Proposal as non-responsive. Please review the Sample Agreement and make note on the Exceptions, Clarifications, and Amendments form for any changes. Exceptions taken shall not affect the overall performance and quality of equipment, materials and/or services required by the City. The Purchasing Manager or designated agent shall make the final decision regarding the acceptability of equipment, materials and/or services with exceptions.

E. CITY ACCEPTANCE/REJECTION OF IRREGULAR PROPOSALS: An agreement shall be awarded to the Proposer whose Proposal most closely satisfies the needs of the City and is deemed the most advantageous to the City. The City reserves the right to reject any or all Proposals or to waive any informalities or minor irregularities in a Proposal.

F. COMPLETE PROPOSAL DOCUMENT: The following forms constitute the makeup of a complete Proposal document and shall signed wherever indicated and be submitted to the City in the order listed:
• Proposal Form A – RFP Acknowledgement
• Proposal Form B – Proposer Company Information
• Proposal Form C - Pricing Schedule
• Proposal Form D – Proposer Exceptions, Clarifications, Amendments • Proposal Form E – Proposer Customer References
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8 • Proposal Form F - Financial Interest Disclosure
• Proposal Form G – Proposer Company History Statement
• Proposal Form H – Proposer Financial Statements
• Proposal Form I – Addenda Acknowledgement
• Proposal Form J – Proposer Warranty Statements
• Proposal Form K – Proposer Experience and Certifications • Proposal Form L - Subcontractor List Proposal Form M – Consultant DBE Commitment • Proposal Form M - Consultant DBE Commitment
Failure to furnish any of these documents may result in disqualification.

G. NON-COMPLIANCE: If Proposer cannot comply with a specification requirement in this RFB, note on the Exception, Clarifications, Amendments form of the specification paragraph, your exception, and your recommendation. The Purchasing Manager will evaluate your recommendation. If after evaluation it is determined that the Proposer is not in compliance with the specification, the Proposal may be rejected.

H. PROPOSED PRICING FORMAT:
• The cost of labor, equipment, fuel, licenses, bonds, permits, and insurance necessary to perform the required services shall be included in Proposal pricing, along with Proposer’s profit margin and any other cost factors.
• Unless otherwise stated, the Proposer agrees that, in the event of a price decline, the benefit of such lower pricing shall be extended to the City. • The City of Modesto shall not pay mileage charges or travel time from the Contractor’s place of business to the job site, or from site to site, or for the Contractor’s travel time to pick up materials.
• Proposer shall use the pricing schedule provided in this RFP to present Proposal pricing.

No other form or format shall be accepted. Proposal must be submitted on the Pricing Schedule provided. No alterations may be made to the pricing schedule. Any exceptions, amendments or adjustments should be noted on the Exception, Clarification, Amendments Form.
• Cost proposals shall be submitted in a separate sealed envelope. Electronically, the cost proposal shall be a separate file.
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9 I. AWARD OF AGREEMENT:
• The City may award one or more agreements to one or more Proposer in order to provide for backup, or in case the “primary” contractor is unable to meet the City’s needs. • The City reserves the right to decline to award any agreement if it is determined that the proposed pricing is not competitively priced based on similar agreements with public agencies within the State of California or if the bids received fail to meet the City’s requirements.
• The City reserves the right to select that Proposal, which best suits the City’s needs. Price is only one factor that will be considered by the City when awarding an agreement.

Regardless of City staff’s recommendation, the City Council reserves the right to award an agreement to the Proposer that best suits the City’s needs as determined by the City Council whether or not said award is consistent with City staff’s recommendation for award.
• The City will appoint a selection committee to evaluate each Proposer’s submitted Proposal. The City will evaluate Proposals on a 100-point scale based upon the following weighted scoring:
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10 Criteria Max
Points
Project Understanding and Approach. This is an assessment of the Proposer's understanding of the existing system and approach to utilize existing communication and traffic signal system to provide complete ATSPM capablities.

Firm Qualification, System Capability, and Client Reference. This is an assessment of the Proposer's overall qualifications including relevant firm experience, capabilities of the system, and feedback from existing lients/users.

Implementation Schedule to Deliver a Complete Operational System. This is an assessment of the realistic estimate of implementing a fully functional ATSPM system, including City's estimate of time needed to implement all infrastructure improvements, if needed (based on Proposer's input), plus the Proposer's estimate to deploy an ATSPM system.

Proposed System Integration Cost, including Maintenance and Licensing Cost.

This is an assessment of total implementation cost for the system, including annual maintenance cost of the system in short-term (3 years) and long-term (10 years).

Systems Commitment to Research and Development, Ease of Expandability and Openness to Integrate with Advanced and Innovative Features. This is an assessment of the Proposer's overall system and how easily additional and futuristic innovative solutions (example integration with Waze/Google, adding Origin-Destination modules, adding bicycle detection cameras, etc.) can be added to the ATSPM system.

TOTAL 100
5 45
10 30
10 1.

2. 3.

4. 5.
• Based upon the scoring, the Selection Committee will rank the Proposal Teams. The Selection Committee will choose three or more closely ranked Teams to interview but will not expect or schedule time for elaborate presentations. Interview will consist of a live demonstration of ATSPM software. Demonstration should be no more than 30 minutes long.

Concluding interviews, the City will determine the top two ranked consultants. These consultants will have to provide a test module for the City to access for at least 24hrs.

The City will then open contract negotiations with the top ranked Team.

The Successful Team will be expected to enter into the attached Consultant Service Agreement (CSA) Any Team with issues or challenges pertaining to the City’s Standard CSA must advise the City as part of the proposal. It shall be the responsibility of the prospective Teams to review all sections and exhibits of the CSA, including insurance requirements. Otherwise, the City will assume that the Team is able to enter into the CSA and fulfill all terms and requirements set therein.
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11 INDEMNITY: Proposer, if awarded an agreement, will be required to hold the city, its agents, officers, employees, and volunteers, harmless from and save, defend and indemnify them against any and all claims, losses, liabilities, judgements or damages from every cause, including but not limited to injury to person or property or wrongful death, including reasonable costs and expenses of defense of any judicial or administrative action, arising directly or indirectly out of any negligent or intentional act or omission of Proposer, its agents, officers, employees, and volunteers relating to or during the performance of its obligations under this Proposal. Contractor’s obligation to defend, indemnify, and hold the city, its agents, officers, and employees harmless under the provisions of this paragraph is not limited to or restricted by any requirement in this Proposal for Proposer to procure and maintain a policy of insurance. With reference to the foregoing, the parties agree that all risk of loss, including but not limited to damages, property losses and defense of third-party suits, arising out of or relation to the operation of city-owned vehicles by Contractor’s employees is apportioned to Contractor in accordance with the provisions contained in indemnity.

J. PREVAILING WAGE: If the the Services include “public work” as defined in Labor Code Section 1720 et seq. (the “Prevailing Wage Laws”), Proposer’s workers must be paid no less than the prevailing wage rate as published by the State of California Department of Industrial Relations (DIR), and the successful Proposer shall maintain certified payroll and comply with all other applicable Prevailing Wage Laws. For additional information regarding Prevailing Wages, please contact the DIR at www.DIR.CA.gov or call its Labor Research and Statistics Unit, Prevailing Wage Unit at 415/703-4774.

K. PROPOSER REPRESENTATION: Proposer represents that:
• Proposer has had an opportunity to examine and has examined any and all of the documents, including specifications, any resultant contract and supporting data, and that it has, from the information contained in such documents, specifications, and data, fully acquainted itself with all conditions relevant to the work. • Proposer has made all reasonable investigations essential to a full understanding of the difficulties, which may be encountered in performing the work. • Proposer will complete the proposed services for the compensation stated in any resultant agreement.
• Proposer assumes full and complete responsibility for all conditions relevant to the proposed services and all risks in connection therewith. #6..
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12 • Proposer represents that it is fully qualified to perform the proposed services in accordance with the terms of any resultant agreement within the time specified therein.

L. PROPOSAL PROTEST AND APPEAL PROCEDURES: Proposers wishing to protest or appeal a contract award decision by the City of Modesto must follow the procedures provided in this section. Protests or appeals which are not submitted in accordance with these procedures will not be reviewed.

Definitions
For the purposes of these procedures: "Days" means working days in which City Hall is open for business, excluding holidays and weekends.
"Proposal" includes the term "offer" or "proposal" as used in the context of formal, informal, or negotiated procurements.
"Announced Decision" includes the term “Notice of Intent to Award Letter”. Once the City has issued an Announced Decision, the date noted will begin the time that an Interested Party may lodge a protest.

Protest Procedures
• Only a Proposer who has actually submitted a Proposal is eligible to submit a protest against the City’s Announced Decision.
• Subcontractors are not eligible to submit bid protests. • A Proposer may not rely on the bid protest submitted by another bidder but must timely pursue its own protest.
• A written protest to an Announced Decision must be made to the City of Modesto's Director of Finance no later than ten days after the date of the Announced Decision. • The protest shall be delivered or sent by registered mail and received by the deadline, or protest will be automatically rejected. Protestors who choose to be represented by legal counsel are responsible for the associated expenses. • The protest shall be accompanied by a certified or cashier's check in the amount of $300.00, (except for protests of Federally Funded agreements) made payable to the #6..
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13 Clerk of the City of Modesto. Protests filed without the requisite fee will be rejected without any additional review.
• The protest filed with the Director of Finance shall:
a. Include the name, address, email address and business telephone number of the protestor.
b. Identify the under protest by name, Request for Proposal (RFP) or Request for Proposal (RFP) number, and Proposal/RFP date.
c. The bid protest must contain a complete statement of the basis for the protest and all supporting documentation. The protest must refer to the specific portion or portions of the Contract Documents upon which the protest is based. d. Include all supporting documentation, if any. Documentation submitted after filing deadline will not be reviewed.
• Proposal Protests: A Proposer shall follow, in order, the following steps:
a. Protest to Director of Finance: Upon receipt of a complete and timely protest, the Director of Finance shall review all the submitted materials and shall create and retain a written record of the review. The Director of Finance shall respond at least generally to each material issue raised in the protest not later than ten (days after receipt of the protest. Notice of the Director of Finance's decision may be given by letter mailed through U.S. Postal Service.

All protests to the Director of Finance shall either be delivered to:

City Clerk’s Office
Attn: Director of Finance
1010 Tenth St. Suite 6600
Modesto CA 95354
Or mailed to:

City Clerk’s Office
Attn: Director of Finance
PO Box 642
Modesto CA 95353
b. Appeal to Deputy City Manager: At the protestor’s discretion, the further decision of the Director of Finance decision may be appealed in writing to the #6..
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14 City of Modesto's Deputy City Manager(s) no later than ten days after the date of the Director of Finance’s Decision. The scope of the appeal shall be limited by the issues raised in the initial protest to the Director of Finance. The Deputy City Manager shall not be permitted to review any newly raised issues. The Deputy City Manager shall review the appeal, accompanying supporting documents, if any and the written records of the protest review by the Director of Finance. A written record of the Deputy City Manager's review shall be created and maintained. The Deputy City Manager shall give notice of their decision to the protestor within ten days after receipt of appeal.

Further protest appeals shall either be delivered to:

City Clerk’s Office
Attn: Deputy City Manager
1010 Tenth St. Suite 6600
Modesto CA 95354
Or mailed to:

City Clerk’s Office
Attn: Deputy City Manager
PO Box 642
Modesto CA 95353
d. Appeal to City Council: Any protestor seeking to appeal to the decision of the Deputy City Manager may appeal in writing to the City Council by filing with the City Clerk a written notice of such appeal not later than fifteen days after the date of the Deputy City Manager's decision. The City Clerk will calendar 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’s decision on the appeal shall be final.

All protest appeals to the City Council shall either be delivered to:

City Clerk’s Office
Attn: City Council
1010 Tenth St. Suite 6600
Modesto CA 95354
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15 Or mailed to:

City Clerk’s Office
Attn: City Council
PO Box 642
Modesto CA 95353
e. Optional Alternative Process for Protests of Procurement Actions Exceeding $250,000: A Bidder protesting procurements exceeding $250,000 shall comply with the procedures contained herein, except that in lieu of appeal to the Deputy City Manager a protestor may request that the protest be heard and decided at an administrative hearing.

A written request for administrative hearing shall be accompanied by a certified or cashier's check in the amount of $1,500, (except for protests of Federally Funded projects); The request for hearing shall include the specific grounds of the appeal.

The City of Modesto shall select and engage an impartial and qualified person to act as hearing officer in the pending protest. The protestor shall have the right to twice reject the selected hearing officer, provided that the City is notified of such rejection within three days of notice to protestor of the name of the hearing officer.

The protest shall be heard not later than twenty days after receipt of protestor's request for hearing and the selection of a hearing officer. Protests not made in a timely manner shall be deemed withdrawn, unless the City and the protestor mutually agree otherwise in writing. The protestor’s failure to accept a hearing officer after the third attempt by City staff to identify an impartial hearing officer shall be deemed a withdrawal of the protest.

The costs of the hearing officer and expenses of the protest shall be borne by the protestor. The sums deposited with the request for hearing shall be credited to the costs of the hearing officer and other hearing expenses. f. Mandatory Alternative Process for Protests of Procurements Obtained with Federal Funds: If the protested procurement involves federal funds, the Deputy City Manager, City Council, or hearing officer shall give notice, accompanying their respective decisions, to the protestor that he or she has the right to appeal to the appropriate federal agency, for which an agency name, contact (where available) and address shall be provided by City staff. Such an appeal shall be filed with the appropriate agency within seven business days of the dispatch or #6..
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16 rejection notices to the protestor. Federal agencies may entertain protests alleging that the City has failed to adopt written protest procedures or has failed to follow such procedures. The City Council is the highest authority of the City of Modesto, and its decisions are final. A disappointed Bidder for a contract involving expenditures of Federal funds shall have the right to appeal the City Council decision directly to the federal agency as described herein. #6..
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17 PROPOSAL SUBMITTAL CHECKLIST

PROPOSAL SUBMITTAL CHECKLIST
The Proposer shall provide a complete Proposal in a sealed envelope by the required deadline on the Proposal Opening Date. Failure to provide all the required documents may cause the Proposal to be considered non-responsive.

Proposer’s Proposal must contain the following applicable elements completed and signed wherever indicated and submitted as described more-fully herein. The following checklist is provided solely for Proposer’s use in reviewing the completeness of your submission:

COMPLETE PROPOSAL ELEMENTS 
Proposal Form A - RFP Acknowledgement
Proposal Form B – Proposer Company Information
Proposal Form C - Pricing Schedule
Proposal Form D – Proposer Exceptions, Clarifications, Amendments Proposal Form E – Proposer Customer References
Proposal Form F - Financial Interest Disclosure
Proposal Form G – Proposer Company History Statement
Proposal Form H – Proposer Financial Statements
Proposal Form I - Addenda Acknowledgement
Proposal Form J – Proposer Warranty Statements
Proposal Form K – Proposer Experience and Certifications Proposal Form L - Subcontractor List
Proposal Form M – Consultant DBE Commitment

Proposer’s submission should include all City of Modesto forms. If any form is not applicable, Proposer should write or type “Not Applicable” on it but still include the form in your submission. #6..
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18 PROPOSAL FORM A - RFP ACKNOWLEDGEMENT
The City is soliciting Proposals from qualified firms (each a “Proposer” to fulfill the City’s requirements per the specifications, terms and conditions contained in this Request for Proposals (“RFP”). This Proposal Acknowledgement must be completed, signed by an authorized responsible officer or employee, dated and submitted with the Proposal response. Obligations assumed by such signature will include the following:

1. Preparation of Proposals: (a) All prices and notations must be printed in ink or typewritten. No erasures permitted. Errors may be crossed out and corrections printed in ink or typewritten adjacent and must be initialed in ink by person signing the Proposal. (b) Quote price as specified in Proposal. No alterations or changes of any kind shall be permitted to the Proposal Form. Responses that do not comply shall be subject to rejection in total.

2. Failure to Submit Proposal: If you are not submitting a Proposal but want to remain on the mailing list and receive future Proposals, complete, sign and return this Proposal Acknowledgement and state the reason you are not pricing.

3. Taxes and Freight Charges: (a) Unless otherwise required and specified in the RFP, the prices quoted herein do not include Sales, Use or other taxes. (b) No charge for delivery, drayage, express, parcel post packing, cartage, insurance, license fees, permits, costs of bonds, or for any other purpose, except taxes legally payable by City, will be paid by the City unless expressly included and itemized in the Proposal. (c) Amount paid for transportation of property to the City is exempt from Federal Transportation Tax. An exemption certificate is not required where the shipping paper shows the consignee as the City as such papers may be accepted by the carrier as proof of the exempt character of the shipment. (d) Articles sold to the City are exempt from certain Federal excise taxes. The City will furnish an exemption certificate.

4. Award: (a) Unless otherwise specified by the Proposer or the RFP gives notice of an all-or-none award, the City may accept any item or group of items of any Proposal. (b) Proposals are subject to acceptance by the City at any time within 90 days of opening, unless otherwise specified in the RFP.

A Proposer shall not change its Proposal within such time frame (c) A valid contract based on the sample agreement attached to the RFP and the Proposal shall be mailed, or otherwise furnished, to the successful Proposer within the time for acceptance specified, and such contract shall be a binding contract without further action by either party. The contract shall be interpreted, construed and given effect in all respects according to the laws of the State of California.

5. Patent Indemnity: Proposers who do business with the City shall hold the City, its officers, agents and employees, harmless from liability of any nature or kind, including cost and expenses, for infringement or use of any patent, copyright or other proprietary right, secret process, patented or un- #6..
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19 patented invention, article or appliance furnished or used in connection with the contract or purchase order.

6. Samples: Samples of items, when required, shall be furnished free of expense to the City and if not destroyed by test may upon request (made when the sample is furnished), be returned at the Proposer’s expense.

7. Rights and Remedies of City for Default: (a) In the event any item furnished by the Proposer in the performance of the contract or purchase order should fail to conform to the specifications therefore or to the sample submitted by the Proposer with its Proposal, the City may reject the same, and it shall thereupon become the duty of the Proposer to reclaim and remove the same forthwith, without expense to the City, and immediately to replace all such rejected items with others conforming to such specifications or samples; provided that should the Proposer fail, neglect or refuse so to do the City shall thereupon have the right to purchase in the open market, in lieu thereof, a corresponding quantity of any such items and to deduct from any moneys due or that may there after come due to Proposer, or send an invoice to the Proposer which shall be paid within thirty (30) days, the difference between the prices named in the contract or purchase order and the actual cost thereof to the City. In the event that the Proposer fails to make prompt delivery as specified for any item, the same conditions as to the rights of the City to purchase in the open market and to reimbursement set forth above shall apply, except when delivery is delayed by fire, strike, freight embargo, or Act of God or the government. (b) Cost of inspection or deliveries or offers for delivery, which do not meet specifications, will be borne by the Proposer. (c) The rights and remedies of the City provided above shall not be exclusive and are in addition to any other rights and remedies provided by law or under the contract.

8. Payment Terms and Methods: Proposer will be able to choose from either of the following payment methods and associated timings:
(a) Option A (Preferred): City of Modesto ePay Payment: This secure payment methodology is preferred by an increasing number of the City’s suppliers. On Net 30-day timing, you will receive a single-use Master Card number with a detailed remittance for each payment. You will process the payment though your POS/Card terminal. The payment remittance will be sent from [email protected] via email and will contain the following information:
• 16-digit credit card number
• Expiration date
• Security code
• Total dollar amount of invoices to be paid
• Invoices reference numbers and corresponding amounts
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20 ePay results in small percentage rebate of 1.0% to the City through the card issuer. That rebate amount will be considered by the City in its evaluation of Proposer’s pricing proposal hereunder. Information about enrolling in MasterCard ePay program can be obtained from the City’s contact listed on the Cover Page of this RFP.
(b) Option B – Manual Check: On Net 45 Day timing, the City will mail a hardcopy check to Bidder. The payment will be deemed to have been made when the check envelope is mailed via US Postal Service First Class Mail. The timing of the mailing will be at the end of the Net 45 Day period. Additional time should be estimated by the Bidder for the check to be in transit, and to await deposit and clearance by Bidder staff.

9. California Government Code Section 4552: In submitting a Proposal to a public purchasing body, the Proposer offers and agrees that if the Proposal is accepted, it will assign to the purchasing body all rights, title, and interest in and to all causes of action it may have under Section 4 of the Clayton Act (15 U.S.C. Sec. 15) or under the Cartwright Act (Chapter 2, commencing with Section 16700, of Part 2 of Division 7 of the Business and Professions Code), arising from purchases of goods, materials, or services by the Proposer for sale to the purchasing body pursuant to the Proposal. Such assignment shall be made and become effective at the time the purchasing body tender’s final payment to the Proposer.

10. No Guarantee or Warranty: The City makes no guarantee or warranty as to the condition, completeness or safety of any material or equipment that may be traded in under a contract or purchase order resulting from this Proposal.

11. Two “Inked” Signed Original Proposal Documents Required: Failure to furnish two “inked” signed original Proposal documents may result in disqualification. These should be accompanied by three copies of the documents and one electronic copy on a USB drive.

12. Minor Irregularities. The City reserves the right, in its sole discretion, to waive any informalities or minor irregularities in a Proposal.

THE undersigned acknowledges receipt of the referenced RFP and/or Addenda and offers and agrees to furnish the articles and/or services specified on behalf of the Proposer indicated in Proposer’s Proposal Forms A through L, attached hereto and made a part hereof, for the pricing proposed on the Pricing Schedule.

Proposer Company Name:

Proposer Headquarters Address:

City/State/Zip:
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21 Signature/Title/Date:
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22 PROPOSAL FORM B – PROPOSER COMPANY INFORMATION
A. Proposer Company Full
Legal Name
B. Proposer Company
Marketplace (or DBA)
Name
C. Type of Legal Entity: ___ Corporation, registered in ____________________ (State) ___ Limited Liability Company, registered in _________________(State) ___ Partnership, registered in ________________(State)
___ Sole Proprietorship, registered in ____________(State) ___ Other ___________________________________________(Describe) D. Headquarters Address
(Street Address, City,
State, Country, Postal
Code):

E. Website Address: www.___________
F. Contact Person Details: Name:

Title:

Phone (Office):

Phone (Mobile):

Mailing Address (Street Address, City, State, Postal Code):

Fax Number:

Email:

G. Federal Taxpayer
Identification Number
(TIN):

H. Dun & Bradstreet
(DUNS) Number:

I. Names and Titles of
Top Three Proposer
Officers:

J. Years in Business:

K. Proposer Office
Address Closest to City
of Modesto (Street
Address, City, State,
Country, Postal Code):

L. City of Modesto
Business License
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23 Number (note –
provide only if
available now - - but
not required until any
contract begins):

M. State of California
Contractor License
Number and Expiration
Date, if applicable:

N. State of California
Department of
Industrial Relations
(DIR) Registration
Number and Expiration
Date, if applicable:
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24 PROPOSAL FORM C - PRICING SCHEDULE
All labor, materials, equipment, tools, fuel, licenses, bonds, insurance and other expenses necessary for Proposer to perform the required services shall be included in Proposal pricing. Proposal must be submitted on the below Pricing Schedule provided. No alterations should be made to the pricing schedule. Any exceptions, amendments or adjustments should be noted on Proposal Form D – Exceptions, Clarifications, Amendments.

The payment of Prevailing Wages is not required for this project.

Intersection Signals Price Per Intersection
Briggsmore Avenue Corridor 11 $ _______________/Intersection Standiford/Sylvan 15 $ _______________/Intersection
Oakdale Corridor 10 $ _______________/Intersection
Pelandale Avenue Corridor 8 $ _______________/Intersection Tully Road Corridor 11 $ _______________/Intersection
Coffee Road Corridor 10 $ _______________/Intersection
College Avenue Corridor 6 $ _______________/Intersection Scenic Drive Corridor 2 $ _______________/Intersection
Dale Road Corridor 7 $_______________ /Intersection
Presscott/Carpenter Road Corridor 10 $ _______________/Intersection Orangeburg Ave Corridor 6 $ _______________/Intersection Claus Road Corridor 2 $ _______________/Intersection
Kansas Ave Corridor 2 $ _______________/Intersection
ePay $-(______________)
Total Items: $__________________/Total
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25 Faithful Performance and Payment Bond: $_______________________________________________/Year Additional Services: (Describe ????) $_____________________________________/UOM Payment Terms:

Check which of the following payment terms/methodology Proposer accepts (a description of each can be found in Proposal Form A – RFP Acknowledgement):

Choose One:
• Option A (Preferred): City of Modesto ePay Payment on Net 30 Day Timing: ___ Choose by checking () here. If selected, for bid comparison purposes, Proposer’s pricing will be reduced by the City of Modesto’s average ePay card program rebate percentage; or • Manual Check Payment Mailed by US Postal Service First Class Mail Only on Net 45 Day Timing:
___ Choose by checking () here.

THE undersigned acknowledges receipt of the referenced RFP and any associated Addenda and offers to furnish the articles and/or services specified, in accordance with the specifications, terms and conditions of this RFP and these Proposal documents, for the pricing indicated on the Pricing Schedule.

Proposer Company Name:

Name of Proposer Signatory:

Signature of Proposer Representative:
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26 PROPOSAL FORM D – PROPOSER EXCEPTIONS, CLARIFICATIONS, AMENDMENTS Exceptions to the City of Modesto’s RFP package, sample agreement, and associate specifications are not encouraged and may cause Proposer to be considered responsible and/or its Proposal to be considered not responsive. Therefore, if no exceptions, clarifications or amendments are proposed by Proposer, it is preferred that Proposer so indicate by typing or writing “Not Applicable” in the Description field in the first item row below. Less preferred, Proposer may indicate no exceptions, clarifications or amendments are proposed by leaving this form out of its’ Proposal submission.

Nonetheless, Proposer may request Proposal clarifications and exceptions below, if any, sign and submit with your Proposal response. Any requested exception, clarification or amendment may not be accepted and may deem the Proposer as non-responsive.

Item # Reference To: Description
Page # Section or
Paragraph #
Proposer Company Name:

Name of Proposer Signatory:

Signature of Proposer Representative:
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27 PROPOSAL FORM E – PROPOSER CUSTOMER REFERENCES
Proposer shall provide a list of five current or former customers able to discuss prior experience with similar type of services requested by the City in the above-referenced RFP. Proposer’s references shall have similar volume and requirements to the City of Modesto’s as described in the above-referenced RFP. Proposers failing to provide references may be deemed as non-responsive.

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 the above-referenced RFP. The City reserves the right to contact references other than those provided in Proposer’s submission 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 or
Governmental
Agency:

Date Range of
Service:

Annual Contract Value $
Company Name:

Address:

City, State, Zip Code:

Contact Person:

Email Address:

Telephone Number:

Type of Business or
Governmental
Agency:

Date Range of
Services:

Annual Contract Value $
Company Name:

Address:
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28 City, State, Zip Code
Contact Person:

Email Address:

Telephone Number:

Type of Business or
Governmental
Agency:

Date Range of
Services:

Annual Contract Value $
Company Name:

Address:

City, State, Zip Code
Contact Person:

Email Address:

Telephone Number:

Type of Business or
Governmental
Agency:

Date Range of
Services:

Annual Contract Value $
Company Name:

Address:

City, State, Zip Code
Contact Person:

Email Address:

Telephone Number:

Type of Business or
Governmental
Agency:

Date Range of
Services:

Annual Contract Value $
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29 PROPOSAL FORM F - FINANCIAL INTEREST DISCLOSURE
Any contract award to result from this RFP process and Proposer’s submission of a Proposal therewith will require approval by a majority vote of the City of Modesto’s City Council. In order to have full transparency in any City of Modesto commercial actions, the City Council may not approve an agreement between the City and the Proposer until all persons with a direct or indirect financial interest of greater than $2,000 in the Proposer are identified by name.

Proposer must therefore complete this Proposal Form F – Financial Interest Disclosure, listing by name all parties that have a material financial interest in the agreement, contract or development right.

PLEASE NOTE, any Council action that requires a Financial Interest Disclosure cannot be considered by the City Council until the required reporting is made. That means that City Council agenda items without the disclosure will be removed from the Council agenda.

Financial Interest Disclosure to City of Modesto
Proposer shall identify any person with a financial interest in the Proposer by name, below.

For the purposes of this disclosure, a “Financial Interest” shall have the meaning contained in Modesto Municipal Code section 2-10.02.

Persons having an aggregate economic interest in the Proposer less than two thousand dollars ($2,000.00) at all times prior to final Council action of the proposed contract are not required to be listed on the Financial Interest Disclosure.

Notwithstanding the foregoing, a Financial Interest Disclosure is not required for a Proposer meeting the financial criteria for listing on the New York or the Pacific Stock exchanges unless it is reasonably foreseeable that a City Council decision will increase or decrease that entity's gross revenues or expenses by one million dollars ($1,000,000) or more and the requirements of Modesto Municipal Code Section 2-

10.03(h) are satisfied.

It is the legal obligation of all applicants for approval of an agreement or of an application for development rights to verify in writing, under penalty of perjury, that the identity of each person having a material financial interest in the Proposer is true, correct and complete. By signing below, the applicant understands that this information is provided under penalty of perjury, and that intentionally supplying misinformation or deception may result in either invalidation of the agreement or application, or criminal prosecution for misdemeanor violation of the Modesto Municipal Code, or both. Negligent provision of misinformation shall be grounds for invalidation. In accordance with the Modesto Municipal Code, each applicant has a continuing obligation to maintain the truth, accuracy and completeness of the financial interest disclosure information provided below #6..
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30 until after final consideration by the City Council of any matter arising out of or relating to the agreement or application.

Print Names of Persons Having a Financial Interest in Proposer Receiving this Contract:

First Name, Last Name
First Name, Last Name
First Name, Last Name
First Name, Last Name
First Name, Last Name
First Name, Last Name
First Name, Last Name
First Name, Last Name
First Name, Last Name
First Name, Last Name
First Name, Last Name
First Name, Last Name
First Name, Last Name
First Name, Last Name
First Name, Last Name
By signing this document, I agree to the information contained within.

Proposer Company Name:

Name of Proposer Signatory:
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31 Signature of Proposer Representative:
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32 PROPOSAL FORM G - PROPOSER COMPANY HISTORY STATEMENT Company History Statement - Proposer shall have been in business for a minimum of three continuous years (immediately prior to the time of the City’s solicitation) providing the services described in this Invitation for Proposals (RFP).

The Proposer’s company history overview statement shall be approximately one to three pages in length and inserted below:

Proposer Company Legal Name: Insert Proposer Logo Here (if existent):

Insert Proposer Company History Overview Statement Beginning Here:
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33 PROPOSAL FORM H - PROPOSER FINANCIAL STATEMENTS
Minimum Qualifications are mandatory for proposal consideration, and at a minimum shall include the following:

Financial Stability:

City staff will request financial statements from the proposer whose proposal is determined to best meet the City’s needs, as determined by the selection committee. Within two (2) business days of City request, proposer shall provide a copy of their company’s most recent professionally prepared Financial Statements (Income Statement and Balance Sheet). These statements, if un-audited, shall be accompanied by a cover letter that states the name and title of the preparer, the basis of the financial statement presentation (cash or accrual) and whether these statements have been prepared in accordance with Generally Accepted Accounting Principles for the most recent fiscal year end of the proposer. Audited financial statements shall be submitted in their entirety, including the auditor’s opinion and notes to the financial statements.

A separate document shall be provided and signed under penalty of perjury by the proposer’s financial officer or owner that explains the proposer’s inability to provide statements for a fiscal period that ended at least eight (8) months before the required date of submittal if such inability exists.

One complete set of Financial Statements shall be submitted within two (2) business days of City request.

Financial Statements, whether delivered via email, by an employee of the proposer, U.S. Postal Service, courier or package delivery service must be received by the City of Modesto, Purchasing Division within two (2) business days of request. Financial statements delivered via email should be sent to [email protected]. If sent via email, proposer is encouraged to follow-up with a phone call to Kim Presson, Buyer at (209) 577-5375, to confirm receipt. Failure of proposer to provide requested documents within two (2) business days, may disqualify proposer from further consideration. The City of Modesto assumes no responsibility for delay in the delivery of the Financial Statements to the City.

CITY OF MODESTO, PURCHASING DIVISION
1010 10TH STREET, SUITE 5200
ATTN: KIM PRESSON

AUTOMATED TRAFFIC SIGNAL, PERFORMANCE MEASURES (ATSPM) SYSTEM #2223-15
MODESTO, CA 95354
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34 By signing this document, I confirm that I understand the financial statement requirements as set forth above.

Proposer Company Name:

Name of Proposer Signatory:

Signature of Proposer Representative: __________________________________________________ #6..
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35 PROPOSAL FORM I - ADDENDA ACKNOWLEDGEMENT
In order to obtain any addenda information, throughout the RFP period, Proposer is responsible for regularly checking the City of Modesto’s Planet Proposal website at https://pbsystem.planetbids.com/portal/14999/bo/bosearch for the RFP number listed on the Cover Page and in the header of each subsequent page of this RFP, and in any event, no later than the day prior to Proposal opening.. The changes identified in any addenda issued will modify this RFP and specifications. The addenda now become a part of this RFP and Proposer’s resultant Proposal. Signing the Proposal on the signature portion thereof, the Proposer is acknowledging that the Proposer has confirmed that it has received all addenda issued for RFP and has included costs for such in the Proposal submitted. Failure to list and acknowledge all addenda numbers may cause Proposer’s Proposal to be considered nonresponsive.

Do not attach any of the addenda to this sheet nor include them with the Proposal.

If no addenda have been issued against this RFP solicitation, Proposer may write “Not Applicable” and return this Proposal Form as part of its submission. Alternatively, Proposer may leave this Proposal Form out of its submission.

But if any addenda have been issued by the City of Modesto this document is required to be completed and returned.

The Proposal is submitted with respect to the changes to the RFP included in addenda numbers:

List All Addenda Numbers, Separated by Commas
(“,”):

Proposer Company Name:
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36 PROPOSAL FORM J – PROPOSER WARRANTY STATEMENTS
As a material part of its Proposal, Proposer shall insert below a written statement detailing any materials and workmanship warranties, terms, and conditions in conformance with the specifications and requirements set forth in this RFP.

Notwithstanding any other provisions of this RFP, Proposer warrants that the materials, supplies, or other services furnished under any contract or purchase order resulting from its Proposal shall be on the most suitable grade and meet or exceed the standards set forth in this RFP. Such warranty shall include the following:
performance, workmanship, labor, materials, and Proposer design or engineering contributions. If a defect is discovered in any item of the materials, assemblies, components, supplies or services covered in this Proposal, Proposer shall correct at its sole expense, all such defects as are reported within 30 days of City’s final acceptance. Upon expiration of the applicable warranty period, all such liability shall terminate except for fraud or such gross mistakes as amount to fraud, latent defects, or specific failure to comply with the terms or any resultant purchase order.

All materials, parts, labor, assemblies and components shall by subject to the warranty conditions and terms unless specifically exempted in writing by the City of Modesto.

Proposer Company Legal Name: Insert Proposer Logo Here (if existent):

Insert Proposer Warranty Statement Beginning Here:
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37 PROPOSAL FORM K – PROPOSER EXPERIENCE AND CERTIFICATIONS Proposer shall provide below a summary covering the following:

A. Experience: The Contractor and its employees directly involved in providing inspections, services and repairs shall have a minimum of three years’ experience providing the types of services requested in this RFP:
i. Identify key personnel and their position within your organization. ii. Provide a biographical summary or resume detailing the experience, level of expertise and qualifications of the key individuals providing the types of services requested herein. iii. If you plan to subcontract work, you must also indicate in Proposal Form L – Subcontractor List the name and address of each firm and the type of work or tasks the subcontractor will perform. Identify key personnel assigned to the project, their position, qualifications and representative experience.

B. Certifications: Proposer shall provide copies of all relevant certifications held for both company and any individuals required to perform the services requested herein. Certifications shall include. #6..
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38 PROPOSAL FORM L - SUBCONTRACTOR LIST
Proposer shall list the name and the address of the place of business for each subcontractor who will perform work or labor or render services to the Proposer. In addition, list the type of work the subcontractor will perform, and (if applicable) its Department of Industrial Relations (DIR) registration number and its California Contractor’s license number:

Name of
Subcontractor
Address Type of Work Contractor
License # (if any)
DIR
Registration #
(if any)
Proposer Company Name:
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39 PROPOSAL FORM M – COMMITRMENT LAPM FORM 10-01

1. Local
Agency:

2. Contract DBE

3. Project Goal:

Description: 4. Project
Location: 5. Consultant's
Name:

6. Prime Certified
DBE: 

7. Description of Work, Service, or
Materials Supplied

8. DBE
Certification
Number

9. DBE Contact Information 10. DBE
%
Local Agency to Complete this Section

11. TOTAL CLAIMED DBE
PARTICIPATION %

17. Local Agency Contract
Number: 18. Federal-Aid Project
Number: 19. Proposed Contract Execution
Date: 20. Consultant’s Ranking after Evaluation:
__________________________
Local Agency certifies that all DBE certifications are valid and information on this form is complete and accurate.

IMPORTANT: Identify all DBE firms being claimed for
credit, regardless of tier. Written confirmation of each listed DBE is required.

21. Local Agency Representative's
Signature

22. Date 12. Preparer's Signature 13. Date

23. Local Agency Representative's
Name

24. Phone 14. Preparer's
Name

15. Phone

25. Local Agency Representative's Title 16. Preparer's Title #6..
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40 ADA Notice: For individuals with sensory disabilities, this document is available in alternate formats. For information call (916) 654-6410 or TDD (916) 654-3880 or write Records and Forms Management, 1120 N Street, MS-89, Sacramento, CA 95814.

INSTRUCTIONS – CONSULTANT PROPOSAL DBE COMMITMENT

CONSULTANT SECTION

1. Local Agency - Enter the name of the local or regional agency that is funding the contract.

2. Contract DBE Goal - Enter the contract DBE goal percentage as it appears on the project advertisement.

3. Project Location - Enter the project location as it appears on the project advertisement.

4. Project Description - Enter the project description as it appears on the project advertisement (Bridge Rehab, Seismic Rehab, Overlay, Widening, etc.).

5. Consultant’s Name - Enter the consultant’s firm name.

6. Prime Certified DBE - Check box if prime contractor is a certified DBE.

7. Description of Work, Services, or Materials Supplied - Enter description of work, services, or materials to be provided. Indicate all work to be performed by DBEs including work performed by the prime consultant’s own forces, if the prime is a DBE. If 100% of the item is not to be performed or furnished by the DBE, describe the exact portion to be performed or furnished by the DBE. See LAPM Chapter 9 to determine how to count the participation of DBE firms.

8. DBE Certification Number - Enter the DBE’s Certification Identification Number. All DBEs must be certified on the date bids are opened.

9. DBE Contact Information - Enter the name, address, and phone number of all DBE subcontracted consultants. Also, enter the prime consultant’s name and phone number, if the prime is a DBE.

10. DBE % - Percent participation of work to be performed or service provided by a DBE. Include the prime consultant if the prime is a DBE. See LAPM Chapter 9 for how to count full/partial participation.

11. Total Claimed DBE Participation % - Enter the total DBE participation claimed. If the total % claimed is less than item “Contract DBE Goal,” an adequately documented Good Faith Effort (GFE) is required (see Exhibit 15-H DBE Information - Good Faith Efforts of the LAPM).

12. Preparer’s Signature - The person completing the DBE commitment form on behalf of the consultant’s firm must sign their name.

13. Date - Enter the date the DBE commitment form is signed by the consultant’s preparer.

14. Preparer’s Name - Enter the name of the person preparing and signing the consultant’s DBE commitment form.

15. Phone - Enter the area code and phone number of the person signing the consultant’s DBE commitment form.

16. Preparer’s Title - Enter the position/title of the person signing the consultant’s DBE commitment form. #6..
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41 LOCAL AGENCY SECTION

17. Local Agency Contract Number - Enter the Local Agency contract number or identifier.

18. Federal-Aid Project Number - Enter the Federal-Aid Project Number.

19. Proposed Contract Execution Date - Enter the proposed contract execution date.

20. Consultant’s Ranking after Evaluation – Enter consultant’s ranking after all submittals/consultants are evaluated. Use this as a quick comparison for evaluating most qualified consultant.

21. Local Agency Representative’s Signature - The person completing this section of the form for the Local Agency must sign their name to certify that the information in this and the Consultant Section of this form is complete and accurate.

22. Date - Enter the date the DBE commitment form is signed by the Local Agency Representative.

23. Local Agency Representative’s Name - Enter the name of the Local Agency Representative certifying the consultant’s DBE commitment form.

24. Phone - Enter the area code and phone number of the person signing the consultant’s DBE commitment form.

25. Local Agency Representative Title - Enter the position/title of the Local Agency Representative certifying the consultant’s DBE commitment form.
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42 TECHNICAL SPECIFICATIONS AND REQUIREMENTS
The City strives to improve operations at signalized intersections throughout the City by deploying an Automated Traffic Signal Performance Measures (ATSPM) system. The primary goal of this project is to improve travel reliability at signalized intersections and thus decrease motor vehicle emissions and fuel consumption. An ATSPM system will provide information/tools needed to actively monitor signal performance and proactively identify and correct deficiencies. Developing an ATSPM system can be cost-effective way to improve traditional re-timing processes by providing continuous performance monitoring capability using highresolution data and real-time performances measures.

The City hereby requests proposals from qualified firms to provide and implement an ATSPM system.

Proposals shall be submitted by firms that have a capable and demonstrable background in the type of work described in the RFP. In addition, all interested firms shall have readily available resources in the form of trained personnel, support services, and financial resources to carry out the work without delay or shortcomings.

PROJECT
The City of Modesto will deploy an ATSPM system at up to 100 intersections, in ranging from 4 to 17 intersections. The installation may be implemented according to corridors listed in the Modesto Traffic Signal System Master Plan. Table 4 from the Master Plan provides the following estimate of ATSPM needed on each corridor:

Total: 100
To facilitate the deployment of the ATSPM system, the following traffic signal improvements may be provided, depending on the ATSPM system selected:
• Installation of necessary accompanying IT hardware and software to support implementation of the ATSPM system.

Briggsmore Avenue Corridor 11
Standiford /Sylvan Corridor 15
Oakdale Corridor 10
Pelandale Avenue Corridor 8
Tully Road Corridor 11
Coffee Road Corridor 10
College Avenue Corridor 6
Scenic Drive Corridor 2
Dale Road Corridor 7
Prescott/Carpenter Road Corridor 10
Orangeburg Ave Corridor 6
Claus Road Corridor 2
Kansas Ave Corridor 2
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43 The City is seeking a system that can deliver the following improvements:
• Proactively monitor signal coordination performances to evaluate traffic and congestion trends by reviewing reports and alerts generated by the ATSPM system • Identify unusual traffic signal operational issues (e.g., split failure resulting in long queues, lack of pedestrian calls, inappropriate side street delay, etc.) quickly through reports and alerts • Collect turning movement counts
• Corridor Performance
• Able to calculate and display emissions and fuel consumption data • Provide feedback on signal timing using real time performance measures for vehicles, bicyclists, and pedestrians
• Provide equitable distribution of green time by measuring how many vehicles arrive on green (and red) to appropriateness of phase terminations
• Identify traffic signal maintenance issues (e.g., struck vehicle, ped or bike detectors) by measuring when delays exceed performance thresholds
• Monitor communication availability
• Facilitate cost-effective before and after comparisons of corridor performance by having access to historic and real-time travel time data
• Facilitate real time performance measure data sharing between City departments and local public agencies by using standard, open architecture. The system needs to utilize standard, off the shelf tools (e.g., cloud-based) to minimize City resources to collect, process and access data. • Must be compatible with McCain 2070LX controllers with Onmi Software and Iteris Vantage Vector Next detection cameras
The following table is a list of common signal performance measures that are in most standard off the shelf ASTPM systems and shows the City’s preference for utilizing each measure. These measures will be utilized by the City to assess traffic operations, report on system performance, identify equipment failures and perform “Before and After” studies.
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44 Required and Desired Performance Measures
The procurement of the ATSPM system and the related project components will be led by the City. It will follow standard City process for competitive procurement of federally funded projects. The selection will be based on several evaluation criteria including cost and ability to meet the required and desired requirements.

1.1 SCOPE OF WORK:

The System Vendor shall furnish, install, configure, integrate, and test all necessary software and hardware for a fully operational ATSPM system. This Vendor shall also be responsible for training and documentation for the proposed system. The Vendor shall utilize the City’s existing communication and traffic signal infrastructure as the foundation for deploying the ATSPM system. The City will be responsible for providing the Vendor access to the existing communication network, IT and signal infrastructure for the project intersections.

The Vendor shall be responsible for the maintenance of all hardware and software they have furnished until final acceptance of the ATSPM system by the City. Upon final acceptance of the ATSPM system, the Vendor shall provide a minimum three-year maintenance and support program maintenance, system updates, and access to troubleshooting support.

In response to the required functions and features stated in their RFP, the following project elements are identified.

1.2 PROJECT MANAGEMENT:
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45 The Vendor shall designate a dedicated Project Manager that will be committed to this project for the duration of the contract. This Manager shall be the single point of contact with the City and responsible for coordinating all efforts involved in the project. The Manager’s responsibilities shall include, but are not limited to:
• Coordinate the work of this contract with other concurrent related work • Maintain regular communication with key contract and City personnel • Maintain adequate staff or qualified support personnel for the duration of the contract to complete the work as scheduled
• Establish and maintain contract administration procedures, such as supplemental agreements, timeextensions, subcontracts, budget control • Inform the City’s Project Manager of any changes to key personnel assigned to the project. The work shall be performed and directed by the key personnel identified in the proposal. Any changes in this personnel or the Vendor’s Project Manager shall be subject to review and approval by the City.

1.3 PROJECT SHEDULE:

The Vendor Project Manager shall develop and maintain a project schedule for the duration of the contract.

Within five (5) working days after the notice to proceed (NTP), this Manager shall submit a detailed schedule with proposed milestone dates and deliverables. The City’s Project Manager will review and approve the Project Schedule for content and format (preferably a Gantt Chart). The Vendor shall update the Project Schedule every two weeks to reflect actual progress.

1.4 BI-WEEKLY PROGRESS MEETINGS:

The Vendor’s Project Manager shall arrange and attend (ideally in person at least once a month) regular biweekly progress meetings with the City’s Project Manager to discuss the following topics:
• Critical path work
• Progress against schedule for each identified work item • Anticipated completion dates based on current progress • Reschedule out of sequence work
• Status of staff and cost contract administration consistent with Federal Requirements • Other management items as needed to deliver the project • Action items to be completed within the next two weeks • Previous meeting notes/minutes/action items

1.5 QUALITY CONTROL:

Quality Control (QC) / Quality Assurance (QA) Plan.

The Vendor shall submit a QC/QA plan within 10 working days after the NTP to outline the steps of quality to be followed during the project
• Furnish and Install ATSPM system at up to 100 intersections per the requirements outlined in the RFP.

The installation shall include any additional hardware, software, licenses, applications, servers, and other utilities for the operation of the ATSPM system. For any hardware provided by the Vendor, the Vendor’s Project Manager shall provide the City’s Project Manager with hardware submittals for review #6..
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46 and approval prior to delivery. It shall be the Vendor’s responsibility to provide any ancillary equipment such as cables mounting rails, etc. with the provided hardware.

The Vendor Shall provide the final set of system requirements including the required and desired elements that will be fulfilled. If any modifications are necessary to the City’s existing configuration or inputs into the system, the Vendor shall provide a detailed cost estimate to furnish and install all additional field equipment upgrades necessary to successfully complete the deployment of the ATSPM system.

The Vendor shall provide a complete inventory and system integration plan including configuration, communication connections, cabinet layouts and construction methods, central system integration or configuration, and details for any locations, integration methods, etc. for all ATSPM system and subsystem components, and any City owned devices or systems that will be affected. • The Vendor shall configure and integrate the ATSPM system on the City’s servers, workstations, tablets, and mobile devices that are authorized by the City’s IT department. The Vendor shall provide documentation on the specifications and locations of any servers, including redundancy and security for any storage device or server that houses any City data.

The Vendor shall configure up to ten user accounts with customized user privileges. Also, the vendor shall integrate existing detectors, system parameters, signal timing, and appropriate field conditions as necessary for the accurate reporting of performance measures. • The Vendor shall develop verification and Acceptance Test Procedures (ATP) for the City’s review and approval. The Vendor shall provide a proposed acceptance test procedure to the City for approval at least twenty (20) working days before the acceptance test is to begin. The City shall review the Vendor’s initial ATP and provide comments within ten (10) working days. The ATP shall not be final until accepted by the City. Acceptance testing shall not begin until the ATP have been approved by the City.

The ATP will serve as a guide to operationally test system hardware, software, and integration. It must include a detailed description of the test to be conducted and the purpose of each test, which should be mapped to at least one of the system requirements. At a minimum, the ATP shall define testing stages, methods, procedures, and data to verify that the system is working properly.

Final acceptance testing shall include tests for any software, hardware, communications, detection inputs, and signal controller equipment necessary for the operation of the ATSPM system. In the event of errors, the City may choose to temporarily end further testing until the errors have been resolved.

Final acceptance tests will be conducted to verify that:
o All requirements have been met
o User interface is configured properly
o System is storing and retrieving the proper data
o System free of errors
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47 o Signal equipment is operating normally
o Real time performance measures are assessable
o Reports are being provided in a useful format and timely manner All testing shall be conducted by the Vendor in the presence of the City’s Project Manager (PM). The Vendor shall document, and submit to the City, the results of all test procedures with details on any additional actions taken.

Within thirty (30) days of accepting the test results, the City’s PM will provide final acceptance of the ATSPM system software, hardware, integration, and other services following the Vendor’s completion of work in accordance with the contract. The date of final acceptance will mark the beginning of the Vendor’s warranty period.
• The Vendor shall provide two (2) training sessions for City Staff. The first training session is anticipated to occur when the system is initially deployed, with the second session occurring six (6) to twelve (12) months later at the City’s discretion. Training shall include most frequently used aspects of operating, maintaining, and administering the ATSPM system, including (but not limited to) setting up user accounts, reporting and troubleshooting.

The Vendor shall submit a training plan to the City for review and approval at least twenty (20) working days prior to the start of training. This plan shall include the method for delivering the training, any requirements for the City to provide (e.g., room, video screen, etc.) and detailed agenda with hourly schedule. The training shall be conducted during normal business hours and consist of a combination of classroom instruction and hands-on interaction with the ATSPM system and equipment. The Vendor shall be responsible for all training costs.

The Vendor shall develop manuals for all phases of the training, as well as provide the City with one electronic copy. All training aids (e.g., slides, charts, graphs) shall become the property of the City upon completion of the training. The City reserves the right to video any and all training courses provided by the Vendor.
• The Vendor shall provide documentation for software and hardware components of the system, as well as standard operating procedures. This documentation shall be submitted to the City for review and approval before acceptance. Following approval, the Vendor shall provide one electronic copy of this documentation to the City.
• The Vendor shall provide all necessary license required for the operation and maintenance of the system, including third party applications, databases, operating system, network components, and servers for the unlimited use by the City. All fees for the licenses during the three (3) year term of the contract shall be included. The terms and conditions of the software license will be incorporated into the final contract.

The Vendor shall provide all necessary on and off -site support as appropriate during the implementation of the system. Following completion and final acceptance of the system, the Vendor shall warrant and #6..
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48 support the system for no less than three (3) years following final system acceptance. The terms and conditions of this warranty will be incorporated into the final contract.

During the warranty period, the Vendor shall provide the following support services at no additional cost:
o Technical Support – The Vendor shall provide technical support to assist City staff with routine questions regarding the use, configuration, management and troubleshooting of the system. The Vendor shall propose the technical support terms and include methods of communication, hours of availability and response time.
o Software Upgrades – The Vendor shall provide all released upgrades to the City. The system must retain all user configuration, and preferences when applying software upgrades. If requested by the City, the Vendor shall provide technical support to install these upgrades.

The terms of the warranty shall include all software bug fixes, patches, software updates and additional features. The Vendor shall coordinate in advance of updating the software, including scheduling time that the software will be inaccessible. In event the Vendor must obtain extended warranties for the hardware and software manufacturers to satisfy the City’s requirements, all warranty issues will be the final responsibility of the Vendor without regard to any third-party vendor or product supplier. The Vendor will repair or replace any inoperable materials or equipment in a timely manner during the three (3) year warranty period to minimize the disruption of City operations. The warranty shall be provided and priced as part of the hardware and software bid.
• Proposers should keep their proposals brief (maximum of 28 single sided pages, excluding covers, dividers, table of content, one-page resumes and sample maintenance agreement) and include the following:
o Cover letter signed by the person authorized to negotiate a contract for proposed services with the City on behalf of the Proposal Team. This letter should include any qualifying statements or comments regarding the proposal, the information provided in the RFP, or the proposed Consultant Service Agreement (CSA), and a list of subcontractors and their responsibilities. This letter also needs to state that the software is compatible with McCain Omni software and Iteris Vantage Vector Next detection cameras.
o A section detailing the Proposer’s understanding of the project and the general approach to be taken, including a description of the infrastructure improvements/upgrades that would be needed to support the proposed ATSPM system.
o A section presenting a work plan (including specific deliverables) for the tasks described above. o A proposed schedule for completing the work, including task durations, milestones, and meetings with City Staff.
o An organization chart and description of the roles and responsibility of proposed personnel, including any sub-vendors.
o Statement of Qualifications – To be considered qualified, the Proposer must meet the following qualifications:
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49 ▪ Deployment of at least one (1) ATSPM system at a minimum of ten (10) intersections with at least four (4) of the intersections in a coordinated corridor. This recent deployment should still be under warranty.
▪ The proposed system must be able to provide each of the “required” performance measures listed in Technical Specifications and Requirements. ▪ The system must be “off-the-shelf” software that has been implemented in a minimum of three (3) different jurisdictions. Current contact information (i.e., email and phone number) for the jurisdiction’s Project Manager must be provided. ▪ Have existing customer support office and personnel that can be reached during normal business hours (i.e., 8am-5pm) on weekdays.
▪ Ability to provide a test module for the City to access for at least 24 hours. • The proposer is to submit an estimated cost proposal with detailed hourly rates and subtotals for all services and materials anticipated in completing the service/work. The Proposer is to submit a detailed fee schedule for services using prevailing wage rates.

1.6 REQUIRED LICENSES:

Prior to beginning any service that shall be furnished under this specification, the Proposer shall secure the appropriate Business/Delivery license from the City of Modesto. Business/Delivery license information may be obtained by calling (209) 577-5389 or emailing [email protected]. The successful Proposer shall maintain a City of Modesto business license for the duration of the agreement.

1.3.1 CALIFORNIA CONTRACTORS LICENSE: If the Proposer is furnishing any labor or service including installation or maintenance, the Proposer shall be registered as a contractor with the Department of Industrial Relations and possess the appropriate California Contractor's license(s) at the time the Proposal is submitted. A contract shall not be awarded to a Proposer that is not registered with the Department and Industrial Relations or does not possess the appropriate Contractor's license(s). The appropriate Contractor's license(s) is that specified in this request, or if not specified, that which is otherwise required by law, and qualifies the Contractor to do business in the State of California. Proposer shall indicate its license(s) number and expiration date on the Pricing Schedule.
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50 SAMPLE AGREEMENT
This agreement, hereinafter called AGREEMENT, made and entered into in the City of Modesto, State of California, this ____ day of _________, 2024, by and between the City of Modesto, a municipal corporation of the State of California, hereinafter called CITY, and _________________, a ______ _______, hereinafter called CONTRACTOR.

W I T N E S E T H:

WHEREAS, the Modesto City Council adopted Resolution No. 2023-15 authorizing the Award of Proposal and agreement for the implementation of a Automated Traffic Signal Performance Measures (ATSPM) System to CONTRACTOR, attached hereto as Exhibit “A” and made a part hereof, and WHEREAS, the CONTRACTOR provided a responsive and responsible submittal that best meets the CITY needs, attached hereto as Exhibit “B” and made a part hereof, and WHEREAS, the CITY and CONTRACTOR shall enter into an agreement for the ATSPM System as described in RFP 2223-15, attached hereto as Exhibit “C” and made a part hereof.

NOW, THEREFORE, the parties hereto mutually agree as follows:

1. THE WORK:
a) CONTRACTOR shall furnish all labor, materials, equipment, fuel, tools, licenses, bonds and insurance necessary to perform and complete the required work as specified in Exhibit “C”, and in strict #6..
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51 accordance with the conditions of the complete AGREEMENT. b) CONTRACTOR shall do and perform the work contemplated hereby in a good workmanlike manner under the direction of and to the satisfaction of the CITY Representative. c) CONTRACTOR shall maintain proper insurance with the CITY for the duration of the AGREEMENT.
d) CONTRACTOR shall maintain a CITY business license for the duration of the AGREEMENT.
e) CONTRACTOR shall furnish said services at the following AGREEMENT rates for an estimated annual amount of $_________________. The total amount paid by CITY to CONTRACTOR over the full term of the AGREEMENT shall not exceed $____________. Unless the services provided are for a lump sum or flat fee, fees for work performed by CONTRACTOR on an hourly basis shall not exceed the amounts shown on Bid attached hereto as Exhibit B.
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52 AGREEMENT PRICING
Intersection Signals Price Per Intersection
Briggsmore Avenue Corridor 11 $ _______________/Intersection Standiford/Sylvan 15 $ _______________/Intersection
Oakdale Corridor 10 $ _______________/Intersection
Pelandale Avenue Corridor 8 $ _______________/Intersection Tully Road Corridor 11 $ _______________/Intersection
Coffee Road Corridor 10 $ _______________/Intersection
College Avenue Corridor 6 $ _______________/Intersection Scenic Drive Corridor 2 $ _______________/Intersection
Dale Road Corridor 7 $_______________ /Intersection
Prescott/Carpenter Road Corridor 10 $ _______________/Intersection Orangeburg Ave Corridor 6 $ _______________/Intersection Claus Road Corridor 2 $ _______________/Intersection
Kansas Ave Corridor 2 $ _______________/Intersection
ePay $-(______________)
Total Items: $__________________/Total

2. PREVAILING WAGES:
. In accordance with California Labor Code Section 1771, CONTRACTOR shall pay all workers, and shall ensure its subcontractors pay all of their workers, engaged in performing the services described in Exhibit “C” not less than the general prevailing rate of per diem wages for work of a similar character in the locality in which the services described in Exhibit “C” are to be performed, and not less than the general prevailing rate of per diem wages for holiday and overtime work as provided in the California Labor Code. In accordance with California Labor Code Section 1773.2, the City has obtained the general prevailing wages in #6..
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53 the locality in which the services described in Exhibit A are to be performed for each craft or type of work needed to be as published by the State of California Department of Industrial Relations, Division of Labor Statistics and Research, a copy of which is on file in the CITY’s Purchasing Department and shall be made available on request. Contractor must comply with all applicable laws and regulations that apply to wages earned in performance of the services described in Exhibit “C”, including those set forth in Labor Code section 1770 et. seq. and in the IFB.

DIR Project ID#: _________________

3. CITY REPRESENTATIVE:

CITY Representative is:
________________________ ____________________________
The CITY Representative is not authorized to commit the CITY to changes in specifications, requirements, or scope of work, changes in price(s), period of performance or delivery date(s) or method of shipment. Changes of a contractual or business nature shall be effective only by written change to the AGREEMENT, issued by the City of Modesto, Purchasing Division.

4. TERM OF AGREEMENT:

The term of the AGREEMENT shall be for a period of three years, with two one-year extension options at the sole discretion of CITY, for a total of up to five years.

Year 1: 2024 through 2025
Year 2: 2025 through 2026
Year 3: 2026 through 2027
Year 4: 2027 through 2028
Year 5: 2028 through 2029
Pricing as set forth in Section 1.e. above shall remain firm for the first two years of the AGREEMENT. #6..
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54 Price increases for any subsequent AGREEMENT years following the second year, shall not exceed the percentage change in the Consumer Price Index (CPI) for the City of Modesto West Urban Area in any one AGREEMENT year, and shall be negotiated through the Purchasing Division. Requests for price increases shall be submitted by CONTRACTOR in writing, 90 days prior to the annual anniversary date of the AGREEMENT to be effective for the subsequent year.

5. LIABILITY INSURANCE:

The CONTRACTOR shall provide, at its own expense, and maintain at all times the following insurance with insurance companies licensed in the State of California and shall provide evidence of such insurance to the CITY as may be required by the City Clerk of the CITY. The policies or certificates thereof shall provide that, at least 30 days prior to cancellation or material change in the policy, notices of same shall be given to the Risk Manager of the CITY by registered mail, return receipt requested, for all of the following stated insurance policies.
a. General Liability - insurance with a minimum limit of liability per occurrence of $1,000,000 for bodily injury and property damage. The insurance shall indicate on the certificate of insurance the following coverage and indicate the policy aggregate limit applying to: premises and operations; broad form contractual; independent contractors and subcontractors; products and completed operations; and/or professional liability. b. Automobile Liability – insurance with a minimum limit of liability per occurrence of $1,000,000 for bodily injury and property damage and transportation related pollution liability. This insurance shall cover any automobile for bodily injury and property damage.
c. Workers' Compensation - in compliance with the statutes of the State of California, plus employer's liability with a minimum limit of liability of $1,000,000 per accident for bodily injury or disease.

If at any time any of said policies shall be unsatisfactory to the CITY, as to form or substance or if a company issuing such policy shall be unsatisfactory to the CITY, the CONTRACTOR shall promptly obtain a new policy, submit the same to the CITY’s Risk Manager for approval and submit a certificate thereof as hereinabove provided. Upon failure of the CONTRACTOR to furnish, deliver or maintain such insurance and #6..
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55 certificates as above provided, this AGREEMENT, at the election of the CITY, may be forthwith declared suspended, or terminated. Failure of the CONTRACTOR to obtain and/or maintain any required insurance shall not relieve the CONTRACTOR from any liability under this Agreement, nor shall the insurance requirements be construed to conflict with or otherwise limit the obligations of the CONTRACTOR concerning indemnification.

The CITY, its agents, officers, employees, and volunteers shall be named as an additional insured on all insurance policies required herein, except Workers' Compensation.

The Workers' Compensation insurer shall agree to waive all rights of subrogation against the CITY, its agents, officers, employees, and volunteers for losses arising from work performed by CONTRACTOR for the CITY.

The CONTRACTOR’s insurance policy(ices) shall include a provision that the coverage is primary as respects the CITY; shall include no special limitations to coverage provided to additional insured; and, shall be placed with insurer(s) with acceptable Best's rating of A:VII or with approval of the CITY’s Risk Manager.

For any claims related to this AGREEMENT, the CONTRACTOR’s insurance coverage shall be primary insurance as respects CITY, its officers, officials, employees, and volunteers. Any insurance or self-insurance maintained by CITY, its officers, officials, employees, or volunteers shall be excess of the CONTRACTOR’s insurance and shall not contribute with it.

6. BONDS.

CONTRACTOR shall furnish CITY, within ten days of the execution of this AGREEMENT and prior to commencement of work, the following separate surety bonds:
a. Faithful Performance Bond. Said bond shall be in an amount equal to one hundred percent (100%) of the total AGREEMENT price, shall be for the faithful performance of the AGREEMENT, shall be on a form approved by CITY, and shall be secured from a surety or sureties satisfactory to CITY. b. Payment Bond. CONTRACTOR shall furnish a separate surety bond in an amount equal to one hundred percent (100%) of the total AGREEMENT price as security for the payment of all persons name #6..
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56 in California Civil Code Section 9100 for furnishing materials, provisions, or other supplies, or items, used in, upon, for, or about the performance of the work contracted to be done; or for performing any work or labor thereon of any kind, and for the payment of amounts due under the Unemployment Insurance Code with respect to such work or labor in connection with this AGREEMENT and for the payment of a reasonable attorney's fee to be fixed by the court in case suit is brought upon the bond in accordance with the requirements of Civil Code section 9554. The Payment bond shall be on a form approved by CITY, and shall be secured from a surety or sureties satisfactory to CITY.

7. PAYMENT:

CONTRACTOR shall invoice CITY not less than once per month based on the cost for services performed and reimbursable costs incurred prior to the invoice date. All invoices shall be paid in full the following payment terms within thirty days after completion and acceptance of the Services by the CITY, and receipt of a properly prepared invoice, CITY will pay CONTRACTOR [TO BE DETERMINED BY IFB RESPONSE IN FINAL AGREEMENT, EITHER “Net 30 terms via CITY’s ePay Program” or “Net 45 Days via manual check”.]. The CITY is exempt from payment of Federal Excise Tax, and all invoices shall be exclusive of such excise tax.

Invoice to: City of Modesto
Attn: Accounts Payable
P.O. Box 642
Modesto, CA 95353
Email to: [email protected]
At a minimum, invoices shall state the following:
• This AGREEMENT number
• CITY department/division name and address
• Billing period
• Service hours worked day and week
• Unit price, extended price, sales tax and total
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57 8. INDEMNITY: The CONTRACTOR shall hold the CITY, its agents, officials, officers, employees, and volunteers, harmless from and save, defend and indemnify them against any and all claims, losses, liabilities, judgments or damages from every cause, including but not limited to injury to person or property or wrongful death, including reasonable costs and expenses of defense of any judicial or administrative action, arising directly or indirectly out of any negligent or intentional act or omission of CONTRACTOR, or its agents, officials, officers, employees, or volunteers relating to or during the performance of its obligations under this AGREEMENT. CONTRACTOR’s obligation to defend, indemnify, and hold the CITY, its agents, officials, officers, and employees harmless under the provisions of this paragraph is not limited to or restricted by any requirement in this AGREEMENT for CONTRACTOR to procure and maintain a policy of insurance.

9. VENUE & GOVERNING LAW:

Venue for any dispute or claim arising or related to this AGREEMENT its performance, breach, or interpretation (including issues about its validity or enforceability), shall be exclusively in the Superior Court of Stanislaus County or the United States District Court for the Eastern District of California This AGREEMENT shall be deemed made in, governed by, performed in, and construed and enforced in accordance with the laws of the State of California, without giving effect to its conflicts of laws provisions or principles.

10. ATTORNEYS’ FEES. If a party to this AGREEMENT brings any action, including an action for declaratory relief, to enforce or interpret the provision of this AGREEMENT, the prevailing party shall be entitled to reasonable attorneys’ fees in addition to any other relief to which that party may be entitled. The court may set such fees in the same action or in a separate action brought for that purpose.

11. COMMENCEMENT AND COMPLETION OF THE WORK:

The work contemplated herein shall be commenced as immediately after receipt of the Notice to Proceed for this AGREEMENT. The Notice to Proceed shall not be issued until the agreement administrator receives and has on file:

Proofs of insurance (approved by CITY Risk Manager); and #6..
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58 Executed Agreement;
a. Resolution No.2024-_______;
b. CONTRACTOR Proposal submittal;
c. RFP No. 2023-15;
d. Bonds;
e. Contractor’s City of Modesto business license

12. TERMINATION OF SERVICES:

Termination for Default: In the event either party fails to perform under this AGREEMENT or breaches any condition contained herein, the other party shall notify in writing the breaching party of the nonperformance. Within 10 days after receipt of notification, the breaching party shall correct any nonperformance to the reasonable satisfaction of the non-breaching party, or such other time as may be identified in the notice. Failure to correct any non-performance shall allow the non-breaching party to terminate this AGREEMENT for cause.

Termination by City for Convenience: The City may also terminate this AGREEMENT the Contractor's performance underthe Agreement, eitherin whole orin part, at its own discretion and without cause.

Post-Termination Procedure
Upon receipt of a written notice of termination pursuant to either of the foregoing paragraphs, the CONTRACTOR shall:
a. Cease its work as directed in the notice of termination as of the termination date and see to it that its employees, subcontractors and agents are notified of such termination and act as specified in the notice of termination; b. Terminate all orders and subcontracts except as necessary to complete any portion of the SERVICES that are not terminated;
c. If directed in writing by the CITY to do so, assign all right, title and #6..
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59 interest in subcontracts and materials in progress to CITY, in which case the CITY will have the right at its discretion to settle, or pay any or all claims arising out of the termination of such, but in no event shall recovery by any CONTRACTOR or subcontractor include lost profits for portions of the SERVICES not completed or undertaken, including materials not delivered; d. Deliver or otherwise make available to the CITY all data, drawings, specifications, reports, estimates, summaries and such other information and material as may have been accumulated by the CONTRACTOR in performing the SERVICES whether completed or in process;
e. Settle outstanding liabilities and claims, subject to the approval of CITY; f. Complete performance of such part of the SERVICES as has not been terminated; g. Take such other actions as may be necessary, or as may be directed by the CITY for the protection and preservation of the SERVICES and/or property related to the SERVICES;
h. If CITY so requests, and at CITY's cost, CONTRACTOR shall provide sufficient oral or written status reports to make CITY reasonably aware of the status of CONTRACTOR’s work on the SERVICES.
i. CONTRACTOR understands and agrees that CITY may, in CITY’s sole discretion, refuse to pay CONTRACTOR for that portion of CONTRACTOR's SERVICES which were performed by CONTRACTOR on the project prior to the termination date and which remain unacceptable and/or not useful to CONTRACTOR as of the termination date.

CITY will pay CONTRACTOR for SERVICES actually completed prior to the receipt of the termination notice or otherwise completed in accordance with the notice of termination. The final #6..
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60 payment to the CONTRACTOR after termination for convenience shall be limited to amounts due and owing under the AGREEMENT at time of termination, including the following:
a. The cost of settling and paying valid claims arising out of the termination of the SERVICES such as subcontractor agreements or contracts for materials; b. The AGREEMENT price allocable to the portion of the SERVICES properly performed or goods supplied to the work site by the CONTRACTOR as of the date of termination, as determined in accordance with the notice of termination, reduced by any sums previously paid to the CONTRACTOR for such SERVICES.

13. COMPLIANCE WITH ALL LAWS:

CONTRACTOR hereby agrees that CONTRACTOR and its subcontractors, if any, in the performance of the SERVICES described herein, will comply with all federal, state, county and municipal laws, rules and regulations which may be applicable to the work herein contracted for, whether now in existence or hereafter adopted.

14. FAILURE TO PERFORM SATISFACTORY WORK: It is agreed and understood that if the CONTRACTOR fails to perform the SERVICES as specified herein, CITY's representative may:
a. Consent to accept such unsatisfactory service with an appropriate adjustment in contract price, based on established cost factors,
b. Have such required work done by CITY forces or otherwise, and charge the cost thereof to the CONTRACTOR, or
c. Recommend termination of AGREEMENT between said the CONTRACTOR and the City of Modesto.

Those discrepancies and deficiencies in the SERVICES that remains uncorrected after the date set for correction may be the necessary justification for a billing adjustment in the month following the occurrence. #6..
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61 Unless otherwise negotiated, billing adjustments for this incomplete or uncorrected work shall be permanent retention of 100% of the estimated monthly cost for the SERVICES not corrected or completed.

15. ASSIGNMENT OF RIGHTS: The CONTRACTOR offers and agrees, and will require all subcontractors and suppliers to agree, to assign to the CITY all rights, title, and interest in and to all causes of action it and they may have under Section 4 of the Clayton Act (15 United States code, Section 15) or under the Cartwright Act (Business and Professions Code, Section 16700 et seq.), arising from the acquisition of goods, services, or materials pursuant to this AGREEMENT or any allowed subcontract. The assignment made by CONTRACTOR and all assignments made by subcontractors and suppliers shall be made and become effective at the time the CITY makes final payment to The CONTRACTOR, without further acknowledgment by the parties (Government Code, Sections 4550-4554).

16. CITY PROCESS/PROCEDURE APPROVALS: CITY approval of any process or procedure shall not relieve CONTRACTOR of its responsibility to furnish the required SERVICES meeting all specifications contained herein.

17. DIR REGISTRATION: Pursuant to Labor Code section 1771.1, CONTRACTOR may not engage in the performance of the Services set forth in Exhibit “C”, unless currently registered and qualified to perform public work pursuant to Section 1725.5 thereof. As required in Section 7029.1 of the Business and Professions Code or by Section 10164 or 20103.5 of the Public Contract Code, that during term of this AGREEMENT, CONTRACTOR shall be registered to perform public work pursuant to Section 1725.5 thereof.

18. CONTRACTOR'S RESPONSIBILITY FOR DAMAGES: If CONTRACTOR damages any property belonging to the CITY or a third party, the CONTRACTOR will be required to make repairs immediately, at CONTRACTOR’s sole cost and expense, to the satisfaction of the CITY. In the event that CONTRACTOR fails to perform the necessary repairs, the CITY may either retain from the money due to CONTRACTOR an amount sufficient to repair the damage or perform the repairs and send an invoice to the CONTRACTOR for such costs, which shall be paid within thirty (30) days. #6..
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62 19. NOTICES:

Any notice, payment or instrument required or permitted by this AGREEMENT to be given or delivered to either party shall be deemed to have been received when personally delivered, or one calendar week following deposit of the same in any United States Post Office, registered or certified mail, postage prepaid addressed as follows:

CONTRACTOR: __________________
__________________
__________________
__________________
CITY: City of Modesto
Purchasing Division
P.O. Box 642
Modesto, CA 95353
Each party may change its address for delivery of notice by delivering written notice of such change of address to the other party.

20. SIGNATORY(IES) FOR CONTRACTOR:

Each signatory for CONTRACTOR below warrants and represents that it is legally competent to, and have full authority to, execute the AGREEMENT.

21. QUANTITIES: No minimum or maximum is guaranteed or implied.

22. FUNDING: All annual extensions are based upon continuous funding for that purpose by the City Council. Failure to fund any annual extension shall result in an immediate termination of the AGREEMENT without redress.

23. OTHER GOVERNMENT/PUBLICLY FUNDED AGENCIES: If mutually agreeable to all parties, the issuance of any resultant contract/purchase order referencing these specifications and modified by mutual agreement between all parties may be extended to other government or publicly funded agencies. It shall be understood that all terms and conditions as specified herein shall apply. #6..
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63 24. NON-DISCRIMINATION:
a. During the performance of this AGREEMENT, CONTRACTOR and any allowed subcontractors shall not unlawfully discriminate against any employee or applicant for employment because of race, color, ancestry, religion, sex, national origin, marital status, age, medical condition (cancer related), physical handicap (including AIDS), sexual orientation, or any other basis prohibited by Federal or California law. Equal employment opportunity extends, but is not limited to recruitment, compensation, benefits, layoff, termination, and all other conditions of employment. The CONTRACTOR and any allowed subcontractors shall ensure that the evaluation and treatment of their employees and applicants for employment are free of such discrimination.

The CONTRACTOR and any allowed subcontractors shall comply with the provisions of the Fair Employment and Housing Act (Government Code, Section 12900 et seq.) and the applicable regulations promulgated thereunder (California Administrative Code, Title 2, and Section 7285.0 et seq.). The applicable regulations of the Fair Employment and Housing Commission implementing Government Code, Section 12900, set forth in Chapter 5 of Division 4 of Title 2 of the California Administrative Code are incorporated into this contract by reference and made a part hereof as if set forth in full. b. The CONTRACTOR and any allowed subcontractors shall give written notice of their obligations under this clause to labor organizations with which they have a collective bargaining or other agreement.
c. The CONTRACTOR shall include the nondiscrimination and compliance provisions of this clause in any allowed subcontracts to perform SERVICES. d. The Contractor shall permit access by representatives of the Department of Fair Employment and Housing and the CITY upon reasonable notice at any time during the normal business hours, but in no case less than 24 hours notice, to such of its books, records, accounts, other sources of information and its facilities as said Department or CITY shall require to ascertain compliance with this AGREEMENT. e. By executing this AGREEMENT, CONTRACTOR certifies that it shall follow and be in compliance with the Americans with Disabilities Act of 1990, the applicable administrative requirements #6..
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64 promulgated in response thereto, and any other applicable Federal laws and regulations relating to handicap discrimination and participation, and will continue to do so for at least the duration of the AGREEMENT and any extensions thereof.25. CONTRACTOR LICENSES & PERMITS: CONTRACTOR warrants and represents that it possesses and shall maintain all licenses, and shall secure and maintain all necessary permits, necessary to perform the SERVICES.

26. RECORDS. All final versions of reports, data, maps, models, charts, studies, surveys, photographs, memoranda, plans, studies, specifications, records, files, or any other documents or materials, in electronic or any other form, that CONTRACTOR prepares or obtains pursuant to this Agreement and that relate to the matters covered hereunder shall be the property of the CITY. CONTRACTOR hereby agrees to deliver those documents to the CITY upon termination of the AGREEMENT, and the CITY may use, reuse or otherwise dispose of the documents without CONTRACTOR’s permission. It is understood and agreed that the documents and other materials, including but not limited to those described above, prepared pursuant to this AGREEMENT are prepared specifically for the City and are not necessarily suitable for any future or other use.

27. FACILITIES AND EQUIPMENT. Except as set forth herein, CONTRACTOR shall, at its sole cost and expense, provide all facilities and equipment that may be necessary to perform the services required by this AGREEMENT. CITY shall make available to CONTRACTOR only the facilities and equipment listed in EXHIBIT “B” and “C”, and only under the terms and conditions set forth herein. #6..
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65 28. INDEPENDENT CONTRACTOR; NOT AGENT. At all times during the term of this AGREEMENT, CONTRACTOR shall be an independent contractor and shall not be an employee of CITY. CITY shall have the right to control CONTRACTOR only insofar as the results of CONTRACTOR’s services rendered pursuant to this AGREEMENT. Except as City may specify in writing, CONTRACTOR shall have no authority, express or implied, to act on behalf of CITY in any capacity whatsoever as an agent. CONTRACTOR shall have no authority, express or implied, pursuant to this AGREEMENT to bind City to any obligation whatsoever.

29. DRUG FREE WORKPLACE: CONTRACTOR certifies that it is following and in compliance with Sections 8350 - 8355 of Chapter 5.5 of the Government Code, Drug Free Workplace Act whereby each person or organization awarded a contract/purchase order or grant for the procurement of any property or service from any state agency (city) shall certify to the contracting or granting agency that it will provide a drug free workplace.

30. ASSIGNMENT:

Neither this AGREEMENT nor any SERVICES hereunder shall be subcontracted or assigned by CONTRACTOR without the prior written consent of the CITY in each and every instance.

31. WAIVER:

The waiver by any party to this AGREEMENT of a breach of any provision hereof shall be in writing and shall not operate or be construed as a waiver of any other or subsequent breach hereof unless specifically stated in writing.

32. HEADINGS NOT CONTROLLING:

Headings used in the Agreement are for reference purposes only and shall not be considered in construing this AGREEMENT.

33. MISCELLANEOUS:

Time is of the essence in CONTRACTOR’s performance under each provision of this AGREEMENT.

34. ENTIRE AGREEMENT:
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66 This Agreement and its exhibits contain the entire understanding between CONTRACTOR and CITY. Additional or new terms contained in this AGREEMENT which vary from CONTRACTOR’S bid are controlling and are deemed accepted by CONTRACTOR by performance of any SERVICES or other commencement of performance hereunder. The terms and conditions of the IFB, attached hereto as Exhibit C, are incorporated herein. In the event of a conflict between the IFB and this AGREEMENT, this AGREEMENT shall control. All previous bids, offers and communications relative to this Agreement, whether oral or written, are hereby superseded except to the extent that they have been incorporated into this Agreement. No future waiver or exception to any of the terms, conditions, and provisions of this AGREEMENT shall be considered valid unless specifically agreed to in writing by the parties.

35. PARTIAL INVALIDITY:

If any provision in this AGREEMENT is held by a court of competent jurisdiction to be invalid, void, or unenforceable, the remaining provisions shall nevertheless continue in full force without being impaired or invalidated in any way.

IN WITNESS WHEREOF, the CITY OF MODESTO, a municipal corporation, has authorized the execution of this Agreement in duplicate by its City Manager and attested by its City Clerk under authority of Resolution No. 2024-_______, adopted by the Council of the City of Modesto on the _____________ day of _____________________, 2024 and _____________________has caused this Agreement to be duly executed.

CITY OF MODESTO, CONTRACTOR
A municipal corporation
By: __________________________ By: _________________________________ JOSEPH P. LOPEZ, (Signature)
City Manager
By: _________________________________
(Name & Title)
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67 ATTEST: Date: _______________________________
By: __________________________

DIANE NAYARES-PEREZ, CMC,
City Clerk

(SEAL)

APPROVED AS TO FORM:

By: ____________________________
JOSE M. SANCHEZ,
City Attorney
By: ____________________________
JOE F. RODRIQUEZ,
Risk Manager
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REQUEST FOR PROPOSAL RESPONSE
City of Modesto, CA
Automated Traffic Signal Performance Measures (ATSPM) System

RFP NO. 2223-15
SUBMITTED BY:

SWARCO McCain, Inc.

April 9, 2024
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City of Modesto, CA
Automated Traffic Signal Performance Measures System
RFP No. 2223-15
April 9, 2024

TABLE OF CONTENTS
1 Project Understanding .......................................................................................................................... 1 2 Work Plan.............................................................................................................................................. 3

2.1 Project Management ..................................................................................................................... 3

2.2 Quality Assurance Plan................................................................................................................. 4

2.3 ATSPM Software........................................................................................................................... 4

2.4 ATSPM Configuration ................................................................................................................... 5

2.5 User Training and Documentation ................................................................................................ 5

2.6 System Acceptance Test .............................................................................................................. 5

2.7 Maintenance and Warranty ........................................................................................................... 5

2.8 Customer Support ......................................................................................................................... 6 3 Project Schedule................................................................................................................................... 7 4 Organization Chart & Proposed Personnel........................................................................................... 8 5 Statement of Qualification................................................................................................................... 10 6 Project References.............................................................................................................................. 11 Project #1 – Culver City, CA ................................................................................................................... 11 Project #2 – City of Casa Grande, AZ..................................................................................................... 11 Project #3 – City of Santa Clarita, California........................................................................................... 12 Project #4 – Town of Leesburg, Virginia ................................................................................................. 13 Project #5 – City of Dover, New Hampshire ........................................................................................... 13 7 Proposed ATSPM System .................................................................................................................. 15

7.1 Transparity® Signal Performance Measures .............................................................................. 15

7.2 Commitment to Research and Development, Ease of Expandability and Openness to Integration with Advanced and Innovative Features ............................................................................... 20 Appendix A: Resumes................................................................................................................................. 22 Appendix B: Maintenance Agreement ........................................................................................................ 26 Appendix C: Required Proposal Forms ...................................................................................................... 27 #6..
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City of Modesto, CA
Automated Traffic Signal Performance Measures System
RFP No. 2223-15
April 9, 2024
SWARCO McCain, Inc. | ATSPM System for City of Modesto Page | 1

1 PROJECT UNDERSTANDING
Located in the Central Valley of California and largest city of Stanislaus County, the City of Modesto has a large agricultural industry with a growing population of approximately 200,000 residents. The City of Modesto is well-connected by several major highways, including Highway 99 and Highway 132. These highways provide access to neighboring cities and connect Modesto to the broader California road network.

As an agency that strives to constantly improve traffic operations throughout the City with the primary goal of improving travel reliability and decreasing motor vehicle emissions and fuel consumption, the implementation of SWARCO McCain’s Automated Traffic Signal Performance Measures (ATSPM) system, Transparity® Signal Performance Measures (SPM), will empower traffic engineers and signal technicians with the ability to proactively monitor signal coordination performance to evaluate traffic, congestion trends, and identify unusual traffic signal operational issues.

SWARCO McCain prioritizes the ultimate traffic goal of protecting the public, reducing congestion, and promoting urban mobility when developing and delivering successful traffic solutions. Our Team’s expertise ranges from traffic engineering, network communication, information technology, data assessment, software design, system delivery, installation, integration, maintenance, and operations. SWARCO McCain is continuously ready to improve the City of Modesto’s traffic signal system to move pedestrian, bicycle, and vehicular traffic through intersections with improved safety and efficiency.

SWARCO McCain understands that there are several key components necessary to meet the requirements of this ATSPM project:

1. We will configure a robust, commercial-off-the-shelf (COTS) ATSPM system that addresses the technical specifications and requirements outlined in the RFP. The proposed ATSPM system, Transparity SPM, can easily access web-based reports with interactive features that enables users to easily compare real-time performance against historical data for deeper analysis of specific events and / or time frames.

2. Transparity SPM is compatible with McCain 2070LX Controllers operating Omni eX® software and Iteris Vantage Next® with Vantage Vector® detection cameras. SWARCO McCain will configure existing traffic controllers to capture high-resolution event data to be collected and stored within the ATSPM database that runs on existing traffic management system server and integrate existing detector assignments.

3. Upon configuring traffic controllers to capture high-resolution event data, SWARCO McCain will evaluate the storage capacity of the existing traffic management system server to determine if it has enough storage capacity or if it needs to be replaced.

4. Transparity SPM is a cost-saving ATSPM solution, as it is an inclusive component of Transparity® Traffic Management System (TMS) licensing, the existing central traffic management system; thus, there is no additional annual fees affiliated with the collection, local storage, and maintenance of the signal performance measures reports.

5. Transparity SPM includes an analytics process that will automatically compare nearreal time signal performance data with user specified thresholds / goals that will dramatically change the landscape use of ATSPM data in order to improve performance visibility and promote signal timing optimization.

6. This project requires an experienced and responsive project team with a well-defined plan and conscious understanding of time, resources, and budgetary constraints, as well as #6..
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Automated Traffic Signal Performance Measures System
RFP No. 2223-15
April 9, 2024
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the requirements set forth by the City of Modesto. SWARCO McCain’s proposed project team has the background knowledge of the City’s existing traffic infrastructure and personnel, as they have worked on alongside with City personnel for the deployment of the central traffic management and adaptive systems.

7. To ensure the City’s ultimate satisfaction and operational success of the ATSPM system, SWARCO McCain will provide City personnel with the necessary training and ongoing support to enable them to manage all components of the SPM system efficiently.

SWARCO McCain’s proposed ATSPM is the most suitable and cost-effective solution that will provide a cohesive, interoperable, and expandable signal performance reporting system. #6..
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Automated Traffic Signal Performance Measures System
RFP No. 2223-15
April 9, 2024
SWARCO McCain, Inc. | ATSPM System for City of Modesto Page | 3

2 WORK PLAN
SWARCO McCain’s work plan is streamlined to provide the City of Modesto ATSPM data collection, reporting, and analytics processes capabilities as early as possible to enable the evaluation of signalized corridor performance. Appropriate and focused planning will ensure a smooth implementation of the proposed ATSPM system.

Upon receipt of Notice-to-Proceed (NTP), the Senior Project Manager will schedule a project Kickoff meeting to establish the project team members, review the project scope, key milestones, and deliverables. The final approved project schedule will be provided to City personnel immediately after the Kickoff Meeting, and will account for any adjustments, if needed, based on the Kickoff Meeting discussion with stakeholders. After the Kickoff Meeting, consistent status meetings will be held to keep the team and stakeholders informed of the progress, identify any issues encountered along the process, and identify any action items needed to resolve any issues and/or concerns.

2.1 Project Management
SWARCO McCain’s Senior Project Manager (PM), Ms. Lori Tackett, who has worked with the City of Modesto personnel, will continue to be committed to this project for the duration of the contract, serve as the primary point of contact for the City, and be directly responsible for the proper execution of all associated project tasks.

Ms. Tackett possesses over 25 years of project management experience in both the public and private sector. Her professional experience includes administrative management of Caltrans bridge-retrofitting contracts and leadership of Six Sigma teams for business process improvement initiatives. She has created and launched programs that improve a team’s ability to align with project scope and is experienced with working alongside all levels of an organization from the executive team to line managers to ensure project deadlines and strategic goals are met. Our Senior PM will ensure project contractual requirements are met and pertinent project-related information is communicated to all stakeholders and business units. She will also serve as the project’s liaison between the City of Modesto and SWARCO McCain deployment / implementation team to ensure optimal client satisfaction is achieved.

Ms. Tackett’s responsibilities include:

1. Project oversight and coordination between the City of Modesto and SWARCO McCain project team.

2. Interfacing with and reporting to the City, including all communications and milestone updates.

3. Providing a project schedule and scheduling execution of project milestones and identifying any project-related issues and mitigations.

4. Maintaining budget and resource allocations of this project.

5. Invoicing the City as the contract requires.

6. Informing the City’s Project Manager of any changes to key personnel that were designated to this proposal.

7. Ensuring contractual administration requirements are met.

8. Submitting project deliverables to City personnel.

Communication is a critical aspect of any successful project. Ms. Tackett will stay in constant communication with our project stakeholders and SWARCO McCain project personnel. We will #6..
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Automated Traffic Signal Performance Measures System
RFP No. 2223-15
April 9, 2024
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ensure all work coordinated by our project manager is communicated with the designated City Project Manager. All written correspondence will be via email, and status meetings will be held regularly, either in-person or by video conference. SWARCO McCain will solicit and listen to feedback from the City and any other stakeholders as the project progresses to ensure the project proceeds as planned and is executed as expected.

Project Schedule
SWARCO McCain’s PM will be responsible for maintaining the developed and City approved project schedule for the duration of the project. Our project schedule will indicate key milestones and deliverables; and will be provided within five (5) days after the City issues the NTP. Our PM will update the Project Schedule every two weeks to reflect the actual progress of the project. A sample project schedule has been included in Section 3.

Bi-Weekly Progress Meetings
The Project Manager will arrange and attend regular bi-weekly progress meetings to update the City’s PM on the project status. Bi-weekly meetings will consist of a review of the project schedule and critical path work to address the progress of each identified work item; updates to current field progress, schedule, or work sequence changes; and addressing action items for the following weeks, as well as any concerns by all related parties.

2.2 Quality Assurance Plan
Prior to beginning the installation of the ATSPM system and within 10 days of the NTP, SWARCO McCain will provide the City a Quality Assurance (QA) Plan that will highlight our team deployment processes of quality checks and balances throughout the project lifecycle. The plan will address the following and updated throughout the deployment phase.  Purpose of the plan
 Management of the plan
 Technical References
 Software development and maintenance
 Code control and review
 Software testing
 Customer feedback and bug reporting
 Regular periodic software system reviews
Additionally, an ATSPM System Requirements document will be developed and submitted to the City to confirm project requirements and expected deliverables.

2.3 ATSPM Software
SWARCO McCain is currently under a separate contract with the City to implement adaptive signal control at eleven (11) intersections along the Oakdale Road corridor. As part of the adaptive signal control implementation process, ATSPM’s are being implemented to support a “before and after” assessment of adaptive signal control. As the ATSPM functionality is inclusive of the existing SWARCO McCain Transparity TMS, no additional software installation will be necessary.

The existing Transparity TMS is the base of the proposed ATSPM system, and the additional intersections specified as part of this project will be configured to enable ATSPM features. #6..
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Automated Traffic Signal Performance Measures System
RFP No. 2223-15
April 9, 2024
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2.4 ATSPM Configuration
The process of configuring additional intersections for ATSPM’s requires the identification of the existing vehicle detector layout at each intersection. SWARCO McCain will utilize existing as-built plans or other intersection diagrams with detector channel assignments to identify stop bar, advance, exit, and system detectors. The types of ATSPM reports generated by Transparity SPM, will be based on the type of detectors currently installed at intersections.

In addition, SWARCO McCain will configure existing traffic controllers to capture high-resolution event data that will be collected and stored in the SPM database operating on the Transparity TMS server. Once the detector assignments are configured and hi-resolution data collection begins, various ATSPM reports will be validated to ensure proper performance measures are generated.

The complete inventory of vehicle detector layout, detector assignments, traffic controller settings, and communication settings/parameters will be documented in the System Integration Plan. This plan is used to assure all ATSPM elements are recorded in one document.

2.5 User Training and Documentation
Once the initial system configuration is completed, the first of multiple training sessions will be conducted to familiarize users with the ATSPM system. A training plan will be submitted for review and approval prior to conducting the initial training session. The training will be a mix of both formal classroom style presentation and hands-on workshops performing various ATSPM features and step-through menu scenarios. The training sessions will cover the installation, configuration, operation, maintenance, and troubleshooting of Transparity SPM. Upon the completion of the training, the system users will be able to configure additional intersections to enable ATSPM features, if desired, to generate SPM reports and analyze corridor performance.

A second training session is currently planned after completing the acceptance test. In addition, throughout the three-year maintenance period SWARCO McCain will deliver refresher training sessions upon request that will be tailored to focus on topics City personnel identify as critical.

Refresher training is included as part of our standard warranty / maintenance service.

Training materials and a system documentation package will be compiled to document the final system solution and will include printed course materials, copies of presentations, system operations manuals for the ATSPM System. Manuals for the ATSPM System will address user functionalities, system maintenance, and troubleshooting operations.

2.6 System Acceptance Test
As 11 intersections along the Oakdale Road Corridor will already be configured for ATSPM, the remaining intersections with existing communications, approximately 40 intersections, will be configured for ATSPM to begin generating immediate performance reporting. After the ATSPM configuration of the intersections part of the existing Oakdale Road Corridor and the remaining intersections of this project on the communications network, an Acceptance Test Plan (ATP) for the initial fifty intersections will be submitted for review and approval by the City. Once the ATP is approved, the acceptance test will be conducted. Results of the test will then be submitted to the City for review and final approval.

2.7 Maintenance and Warranty
Upon completion and acceptance of the acceptance test report, the project will enter the maintenance and warranty period. At this time, any additional intersections will be provisioned for ATSPM when new communication links are established or when any new vehicle detectors are #6..
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Automated Traffic Signal Performance Measures System
RFP No. 2223-15
April 9, 2024
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added. Additionally, training sessions can be conducted for new users or if requested by the City, refresher training sessions can be conducted.

Any available ATSPM software updates will be applied during the maintenance period to address any identified bug fixes or updates to ATSPM functionality. Technical support is also available during the maintenance period to support any issues that may arise.

2.8 Customer Support
Technical Support. During the project’s timeline, including the maintenance period – online, telephone, and field support is provided to assure continual optimal traffic operations. For online and telephone support, a computer-based ticketing system is used to track all issues and followup reminders are automatically generated to assure that issues are handled and resolved in a timely manner. The system also provides an audit trail of interactions between the requestor and support services. Emails and phone calls are normally addressed immediately, however the Transparity system can also automatically report to the ticketing system if user-specified alarms are triggered, and certain operational thresholds are surpassed.

Technical support during the maintenance period will begin after the successful completion of the system Acceptance Test. During the maintenance period, system software updates are provided in addition to quarterly system maintenance reports summarizing system health and operations.

If any issues arise during the maintenance period, a full product support staff is available to aid in the resolution of reported issues. If issues cannot be resolved remotely, SWARCO McCain commits to sending a qualified application engineer on-site to aid in diagnostics and resolution.

The support activity not only addresses system operational issues, but if there are any questions on system usage of the Transparity SPM system, SWARCO McCain’s support activities will help resolve or answer the City’s questions, even if it ends up being a personnel training related issue.

Online or phone support is not considered part of the official training.

Software Upgrades. We will provide all Vendor released upgrades to the City. Software upgrades include those to address errors, defects, security flaws, etc. and those that provide enhancements, new features, new functions, etc. Transparity SPM retains all system, user configuration, and preferences when applying software upgrades. If requested by the City, SWARCO McCain will provide technical support to install software upgrades. The terms of the maintenance agreement shall include all software bug fixes, patches, software updates, and additional features for the life of the warranty. Our Team will coordinate before updating the software, including scheduling time for any updates that will make it inaccessible. #6..
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Automated Traffic Signal Performance Measures System
RFP No. 2223-15
April 9, 2024
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3 PROJECT SCHEDULE
SWARCO McCain’s Project Manager will provide a schedule tailored to meet all project requirements, key milestones, deliverables, and bi-weekly meetings. Figure 1 below illustrates the proposed project schedule based on the Scope of Work outlined in the RFP.

The finalized project schedule will be provided upon contract award and with City approval prior to the commencement of any project related tasks.

SWARCO McCain is currently integrating ATSPMs for the ten (10) Oakdale Road Corridor intersections outlined in this RFP, under a separate contract with the City. Therefore, our proposed project schedule demonstrates that SWARCO McCain will configure the remaining intersections with existing communications, approximately 40 intersections, to immediately begin generating SPM reports.

The additional intersections, approximately 50, will be provisioned for ATSPMs when communication links are established and/or when any new vehicle detectors are added.

Figure 1. Proposed Project Schedule
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City of Modesto, CA
Automated Traffic Signal Performance Measures System
RFP No. 2223-15
April 9, 2024
SWARCO McCain, Inc. | ATSPM System for City of Modesto Page | 8

4 ORGANIZATION CHART & PROPOSED PERSONNEL
SWARCO McCain has successfully executed numerous projects of similar magnitude to the Modesto ATSPM System project and greater. SWARCO McCain’s ITS Services and Support team have led the installation, integration, and implementation of all our ITS projects, therefore are guaranteed to successfully execute Modesto’s project requirements and provide technical support throughout the maintenance periods. Our team is comprised of a variety of individuals with diverse backgrounds, including transportation engineers that possess years of experience in transportation infrastructure upgrades required to ensure a successful implementation of the proposed ATSPM System for the City of Modesto. Our mission is simple: serve our customers by providing the best quality of products and service the industry has to offer.

Figure 2. Organization Chart
The proposed project team includes seasoned professionals to efficiently and effectively deploy the ATSPM solution. In addition, the proposed project personnel have firsthand knowledge about the existing systems in the City of Modesto, as they have been working alongside City personnel for the deployments of Transparity TMS and Adaptive systems. Ensuring continuity with the project personnel will guarantee a smooth transition between projects with minimal impacts to City operations.

Our proposed Senior Project Manager, Mrs. Lori Tackett, will serve as the primary Point of Contact (POC) for the City of Modesto, will manage SWARCO McCain’s project team to ensure all required tasks are completed, key milestones are met in a timely manner per the final project schedule, and required deliverables, training and technical support is provided to City personnel.

The system integration, design, training, performance monitoring and reporting, and overall delivery and technical support will be conducted by Ray Laigo and Luke Baker, SWARCO McCain’s ITS solution experts. Our Team’s project organization chart is illustrated above, Figure

1. Resumes for the proposed personnel are included in Appendix A. #6..
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City of Modesto, CA
Automated Traffic Signal Performance Measures System
RFP No. 2223-15
April 9, 2024
SWARCO McCain, Inc. | ATSPM System for City of Modesto Page | 9

Lori Tackett, Senior Project Manager
SWARCO McCain, Inc. | Vista, CA
As Senior Project Manager at SWARCO McCain, Ms. Tackett is responsible for managing the company’s software and service projects.

Her role is to assure project contractual requirements are met and pertinent project-related information is communicated to the business units. She also serves as the company’s liaison with project customers to ensure optimal client satisfaction is achieved. Ms. Tackett brings over 25 years of project management experience, having managed projects in both the public and private sectors. Her professional experience includes administrative management of Caltrans bridge-retrofitting contracts and leadership of Six Sigma teams for business process improvement initiatives. She has created and launched programs that improve a team’s ability to align with project scope and is experienced at working with all levels of an organization from the executive team to line managers to assure project deadlines and strategic goals are met.

Ray Laigo, Systems Integration Manager
SWARCO McCain, Inc. | Vista, CA
Mr. Laigo is the Systems Integration Manager responsible for the integration of the Transparity TMS, Adaptive, and SPM software including all field and communication elements, as well as training. He oversees the preparation of the central software and any server hardware. Mr. Laigo joined SWARCO McCain in 2011 and has been involved in successful deployments of Transparity TMS and ATC with Omni eX for several agencies including the following projects: Springfield, MO and Missouri DOT consisting of 300 intersections; Palmdale, CA consisting of 50+ ATC intersections and approximately 100 total locations; Allentown, PA consisting of 49 intersections; Corona, CA consisting of 160 intersections; and a system for the Government of Jamaica. Prior to joining McCain, Ray worked for the City of San Jose, CA supporting day-to-day traffic operations and project delivery. He was part of a city-wide traffic light synchronization project requiring the change out and retiming of over 500 intersections.

Luke Baker, Senior ITS Engineer
SWARCO McCain, Inc. | Vista, CA
As a Senior ITS Engineer, Mr. Baker is responsible for the system design, implementation, and integration of our ITS deployments. Mr. Baker has worked for SWARCO McCain for five years; however, he has been involved in multiple controllers, ATMS, and adaptive system implementations throughout the course of his career. Mr. Baker has deployed several new ATMS systems with various levels of complexity, as well as upgrades to dozens of systems across the country and has served as the lead integrator for adaptive system deployments. Mr. Baker is also responsible for providing technical support on legacy hardware / software and is heavily involved in product development design and testing. Mr. Baker is actively involved in testing innovations such as the connected vehicle technology in conjunction with the FHWA.

Mr. Baker has vast experience in troubleshooting communications and networking in LAN, WAN, IP, NTCIP, Ethernet, FSK, RF and dialup systems. Prior to joining SWARCO McCain, Mr. Baker spent four years as an assistant Traffic Engineer for the City of Encinitas, CA where he managed the timing, communications, maintenance, and operations of the City’s traffic signal system. #6..
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City of Modesto, CA
Automated Traffic Signal Performance Measures System
RFP No. 2223-15
April 9, 2024
SWARCO McCain, Inc. | ATSPM System for City of Modesto Page | 10

5 STATEMENT OF QUALIFICATION
SWARCO McCain Inc. has been operating for 37 years since its inception in 1987 as McCain Traffic Supply, a small manufacturer of traffic signals located in Vista, California. In 1991, McCain Traffic Supply began manufacturing its own line of traffic controllers and cabinets. By the late 1990’s, McCain Traffic Supply was manufacturing a full line of traffic equipment products and expanded through the addition of software solutions that include traffic signal control software, central traffic management systems, adaptive signal control, and software maintenance services.

In 2005 to better represent the scope of products and services available, McCain Traffic Supply changed its name to McCain Inc. In 2016, McCain became part of the SWARCO AG group, joining forces with more than 80 member companies across the globe.

SWARCO McCain is headquartered (HQ) in Vista, CA with a 100,000+ square foot 2-story building that houses both warehouse and office space; where this project will be managed from, and technical support team is based. Technical support is offered through SWARCO McCain’s ITS Solutions Group and is available during normal business hours of 7:00 AM PST to 4:00 PM PST, Monday through Friday.

In the last 37 years, SWARCO McCain has become one of North America’s largest manufacturer, supplier, professional service provider and leader in the Intelligent Transportation Systems (ITS) technology and mobility industry. SWARCO McCain prides itself on their industry leading hardware and software quality and understands the value of providing high-quality customer support. As a national leader in transportation, SWARCO McCain is also a long-time member of several industry associations and standards working groups. This includes active roles with the ATC controller, Intelligent Transportation Systems (ITS) Cabinet, and National Transportation Communications for ITS Protocol (NTCIP) working groups, as well as memberships with the Institute of Transportation Engineers (ITE), and International Municipal Signal Association (IMSA).

As an innovator, SWARCO McCain has partnered with numerous agencies throughout the country and has been involved in a vast variety of traffic infrastructure improvement projects.

SWARCO McCain’s central management software, Transparity® Traffic Management System (TMS), is currently running in over 70 state and local Departments of Transportation (DOTs) all over North America. This includes City of Birmingham, AL; Springfield, MO; Pensacola and Escambia County, FL; Cedar Park, TX; Allentown and Harrisburg, PA; and Albany and Buffalo, NY. Additionally, SWARCO McCain has over 100 deployed systems with the legacy QuicNet central software including Norfolk, VA and Durham, NC. Transparity TMS has been integrated into a variety of communications including fiber, radio, Ethernet over copper and serial systems.

Furthermore, Transparity TMS is actively deployed in multiple Integrated Corridor Management systems throughout the United States, including San Diego County, Alameda County and Los Angeles County in California and Westchester County in New York – allowing for a true multijurisdictional system. Over 55,000 SWARCO McCain controllers are deployed throughout North America, with approvals in multiple state product lists, as well as the toughest states for approval – namely, California and New York. Of this amount, over 15,000 are ATC controllers running Omni eX® local firmware throughout North America. These include agency-wide installations in Springfield and Missouri DoT; Allentown and Harrisburg, PA; and Palmdale, CA.

Being part of the SWARCO AG group, a billion-dollar privately held international company and the largest traffic product manufacturer in the world, instead of focusing on short-term financial goals as our primary objective, SWARCO McCain is committed to a ten-year development roadmap to improve the safety and operations of the transportation industry. #6..
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City of Modesto, CA
Automated Traffic Signal Performance Measures System
RFP No. 2223-15
April 9, 2024
SWARCO McCain, Inc. | ATSPM System for City of Modesto Page | 11

6 PROJECT REFERENCES
The project references presented in the following section demonstrates SWARCO McCain’s extensive experience providing services and successfully fulfilling requirements similar to those sought the City of Modesto. The following projects have ongoing contracts with SWARCO McCain and are under warranty:

Project #1 – Culver City, CA
After a thorough evaluation of several traffic vendors, SWARCO McCain was selected to provide Culver City with traffic controllers and a new city-wide central system along with city-wide traffic adaptive capability and ATSPM reporting solution.

The project involved 106 intersections and 11 corridors. New SWARCO McCain ATC controllers with adaptive traffic capability were installed to replace McCain legacy 170 controllers. The new ATC controllers were connected back to City Hall to the new SWARCO McCain Transparity central traffic management software and were configured to run coordinated Adaptive traffic operations throughout the city.

The Transparity Signal Performance Measure (SPM) reports enabled users to perform cost effective and continuous traffic studies. Specifically, the progression performance between Fixed Coordination and Adaptive Coordination were compared. The results of the report illustrate a significant increase in Arrivals on Green (15% increase) and Platoon Ratio (.14 increase). The improvement in Platoon Ratio was significant and indicates an improvement in throughput without a dramatic increase in split % of cycle.

Transparity SPMs were also utilized to evaluate the traffic conditions and signal performance during the lockdowns related to the pandemic. Transparity Adaptive automatically identified the unexpected low volumes and operated most intersections in FREE until other operational strategies were justified. In stark contrast, other agencies during the pandemic needed to work tirelessly to modify time-of-day schedules and/or utilize manual override to implement FREE.

The total value of the project was $2,105,133 and began on October 14, 2016 with Phase 1 completed on January 1, 2021 and final Project Acceptance completed October 25, 2022. This project is currently under a five-year maintenance agreement and is still under warranty.

Project #2 – City of Casa Grande, AZ
The City of Casa Grande, AZ was in search of a state-of-the-art Traffic Management System that could conduct Adaptive traffic operations and selected SWARCO McCain’s Transparity TMS and Transparity Adaptive. SWARCO McCain was a subcontractor to Clark Transportation Solutions on this project.

The scope of work for Phase 1 consisted of intersections along a section of Arizona State Route 287, and Florence Boulevard (Blvd). For the traffic management system, SWARCO McCain configured the system database, populated the system map, created custom intersection graphics, conducted system testing, and provided training for all systems installed.

Culver City Contact Information:

Andrew Maximous | City Traffic Engineer
City of Culver City
9770 Culver Blvd, Culver City, CA 90232
(310) 253-5628 | [email protected]
SWARCO McCain Team:

Lori Tackett | Senior Project Manager
Brian Wagner | Software Product Manager
Ray Laigo | Systems Integration Manager
Faron Wage | Senior Tech Support Specialist
Luke Baker | Senior ITS Engineer
Jeff Pearson | Installation and Support Manager
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City of Modesto, CA
Automated Traffic Signal Performance Measures System
RFP No. 2223-15
April 9, 2024
SWARCO McCain, Inc. | ATSPM System for City of Modesto Page | 12

Additional traffic system improvement provided included upgrading controllers to ATC NEMA TS2 Type 2 with Omni eX controller software, video detection to Gridsmart, and communication system to wireless Ethernet radio.

The Transparity Adaptive system, which improves Arrival on Green percentage (AoG%) and signal timing efficiency, was implemented in Casa Grande, AZ. All signals were configured for adaptive operations with the primary goal of improving the throughput and progression along Florence Blvd. Transparity SPM reports demonstrated that adaptive operations improved traffic traveling both westbound and eastbound on Florence Blvd. Westbound traffic experienced an average AoG performance improvement of 39.39% and an average Green Time (GT) efficiency improvement of 52.72%. Eastbound traffic experienced an average AoG performance improvement of 65.85% and an average GT efficiency improvement of 109.52%.

The project deployment began on November 15, 2021, was completed on January 26, 2023, and was valued at $114,289. This project includes an active three-year maintenance agreement and is still under warranty.

Project #3 – City of Santa Clarita, California
The City of Santa Clarita was in the 4th phase of their ITS project that, like many other cities seeking to upgrade their traffic infrastructure, has been accomplished by utilizing a phased approach. The City’s latest upgrades related to Transparity Adaptive along Whites Canyon Road.

Spanning multiple years, the project has included infrastructure upgrades with new traffic controllers and SWARCO McCain’s Transparity TMS.

The City of Santa Clarita, CA was using Model 170E controllers running 233MC1s software and are upgrading to 2070 ATC controllers with Omni eX software. The City upgraded to the Transparity TMS central software to support this local configuration. We created a new systemwide map for the City’s over 200+ locations; performed timing database uploads and personnel training for Transparity TMS software; and integrated a backup server.

In addition, the City also deployed an adaptive corridor on Whites Canyon Road that implemented adaptive operations on 7 intersections. The goal was to maintain progression along the corridor while reducing side street delay. Using Transparity SPM reports, results from the project were compared to pre-deployment baseline data and showed a total of 8% increase in Arrivals on Green while reducing non-coordinated phase wait time by a total of nearly two hours over the course of five-hours of operation.

The total value of this project phase was $227,625 and began in June 2020 and was completed in May 2021. This project includes an active three-year maintenance agreement and is currently under warranty.

City of Casa Grande Contact Information:

Monir Zaman | City Traffic Engineer
510 E Florence Blvd, Casa Grande, AZ 85122
[email protected]
SWARCO McCain Team:

Lori Tackett | Senior Project Manager
Ray Laigo | Systems Integration Manager
Luke Baker | Senior ITS Engineer
City of Santa Clarita Contact Information:

Cesar Romo | Traffic Signal System Administrator
23920 Valencia Blvd. Suite # 300
Santa Clarita, CA 91355
(661) 254-3538 | [email protected]
SWARCO McCain Team:

Lori Tackett | Senior Project Manager
Mike Kenney | Senior Traffic Engineer
Ray Laigo | Systems Integration Manager
Luke Baker | Senior ITS Engineer
Jeff Pearson | Installation and Support Manager
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City of Modesto, CA
Automated Traffic Signal Performance Measures System
RFP No. 2223-15
April 9, 2024
SWARCO McCain, Inc. | ATSPM System for City of Modesto Page | 13

Project #4 – Town of Leesburg, Virginia
The Town of Leesburg managed their traffic flow with a system of 70 signalized intersections communicating on a communications network of serial fiber connections and leased phone lines.

The legacy system was managed with a closed loop traffic management system. Being a closedloop system, it lacked the ability to allow users to interface with the system from a dedicated remote server. This limitation, along with the emergence of new technology and standards such as ATC and NTCIP, helped the Town identify the need to improve their traffic management system. The Town selected SWARCO McCain’s Transparity TMS software to upgrade and manage their traffic system needs.

The scope of SWARCO McCain’s tasks during the project included:
 Supplied and configured a new traffic server and two field laptops.  Installed and integrated Transparity TMS on the new server and installed desktop clients on agency workstations.
 Created a new system-wide map for the City’s traffic system  Created new background graphics for each city intersection  Provided four days of onsite training
 Performed onsite system acceptance testing
 Integrated CCTV camera system
 Converted from an FHWA open source ATSPM reports to Transparity SPM system  Five-year software maintenance agreement (currently an active agreement) The Town of Leesburg has been heavily reliant on ATSPM reports for many years now, using high-resolution data retrieved from SWARCO McCain ATC controllers running the Omni eX intersection control software. The Town had originally relied upon the open source ATSPM solution provided by the FHWA but transitioned to Transparity SPM in mid-2022. The Town relies on Transparity SPM on a day-to-day basis focusing on coordination reports such as the Purdue Coordination diagram and Phase Split monitor reports, emergency vehicle preemption reports, detector volume and occupancy reports and phase and pedestrian idle times. Transparity SPM reports are used as public information resources on an as-needed basis.

Project #5 – City of Dover, New Hampshire
The City of Dover planned to procure Automated Traffic Signal Performance Measures (ATSPM) to optimize and validate traffic signal operations at 17 key intersections along four coordinated corridors. Dover’s objectives with this deployment include support for traffic and pedestrian mobility, interoperability between agencies, environmental objectives, and an opportunity to increase awareness and service related to traffic signal operations. Transparity SPM is the latest addition to the City’s suite of SWARCO McCain traffic signals, operational software, and analysis software. The City of Dover was the first in the nation to deploy Transparity SPM along an entire Town of Leesburg Contact Information:

Sean Baroody | Traffic Signal System Administrator
25 W. Market Street
Leesburg, VA 20176
(707) 737-7028 | [email protected]
SWARCO McCain Team:

Lori Tackett | Senior Project Manager
Ray Laigo | Systems Integration Manager
Eric Itzel | Senior ITS Engineer
Ron Castellones | Senior Field Technician
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City of Modesto, CA
Automated Traffic Signal Performance Measures System
RFP No. 2223-15
April 9, 2024
SWARCO McCain, Inc. | ATSPM System for City of Modesto Page | 14

coordinated system following in a long-standing relationship with SWARCO McCain as it was also the first in the nation to deploy Transparity TMS when the application was first launched years ago.

The innovative ATSPM solution provided the City with strategic upgrades to the core infrastructure and provide measurable results in roadway efficiency, safety, air quality and mobility for area residents. ATSPM’s are transforming signal timing and operations practices by adding highresolution data-logging capability to existing traffic signal infrastructure and data analysis techniques. This cost-effective technology provides agencies with the information needed to manage signal performance proactively to support safety and mobility goals.

The scope of SWARCO McCain’s tasks during the project included:
 Upgrade of Omni eX controller software
 Upgrade of Transparity TMS central software to include Signal Performance Measures (SPM)
 Configuration of SPM reports
 Perform system testing and training
City of Dover Contact Information:

Curtis Thompson | Transportation Engineer
288 Central Avenue
Dover, NH 03820
(207) 200-2094 | [email protected]
SWARCO McCain Team:

Lori Tackett | Senior Project Manager
Ray Laigo | Systems Integration Manager
Eric Itzel | Senior ITS Engineer
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City of Modesto, CA
Automated Traffic Signal Performance Measures System
RFP No. 2223-15
April 9, 2024
SWARCO McCain, Inc. | ATSPM System for City of Modesto Page | 15

7 PROPOSED ATSPM SYSTEM
At SWARCO McCain we foster a culture that values support of existing infrastructure while providing a clear path to digitize the transportation network. We believe analytics are more than reporting and should provide actual insights that transform operations with data-driven decision making and automation. We invest in technologies that can seamlessly collect data from local infrastructure, field technicians, and external systems.

The proposed ATSPM solution offers the following key unique benefits:
 Inclusive licensing for hi-resolution event data reports and performance monitoring (perpetual licensing vs annual fees).
 Does not require connecting and securing the traffic signal network with a public cloud / external system.
 Interoperability with multiple controller software vendors to avoid vendor or technology “lock in”.
 Transparity SPMs do not require specific or additional hardware.  Leverages existing communications infrastructure.
 Synchronized with Transparity TMS & MyCity.
 Regular product evolution & feature enhancements.

7.1 Transparity® Signal Performance Measures
SWARCO McCain’s Automated Traffic Signal Performance Measurement (ATSPM) Platform is an inclusive component of Transparity TMS licensing, the existing central traffic management system; thus, there are no additional annual fees affiliated with the collection, local storage, and use of the signal performance measure reports. The effectiveness of traffic signal timing and operations can be visualized by Transparity® Signal Performance Measure (SPM) Reports Suite.

The reports meet and exceed the insights available within the Open Source ATSPM solution. The latest version of the Transparity SPM reports deliver significant advancements in the user experience, decision making, security, and extensibility needed to implement effective signal timing improvements. Data is collected via Secure Copy when collecting high-resolution event data logs to prevent the security risks affiliated with other file transfer protocols.

The proposed web-based SPM reports utilize the authorization, authentication, and configuration databases of Transparity TMS in order to reduce administration and duplicate configuration.

Each of the reports provides interactive charts that enable users to zoom into chart data for deeper analysis of specific events and / or time frames without resetting chart parameters; and the ability to compare two different sets of data (i.e., intersection, date-time, approach, etc.). Additionally, the reports combine several relevant signal performance measures that empower signal timing decisions. For example, when analyzing the need for signal retiming of a phase, users are provided with a single report containing the following performance measures:
 Phase Termination  Split Monitor
 Ped Service / Delay  Split Failure
 GOR / ROR %  Termination Statistics
 Duration Statistics  Pedestrian Statistics
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City of Modesto, CA
Automated Traffic Signal Performance Measures System
RFP No. 2223-15
April 9, 2024
SWARCO McCain, Inc. | ATSPM System for City of Modesto Page | 16

Figure 3. Closeup View of Transparity SPM Phase Split Monitor Chart This approach presents the user with everything needed to properly analyze the demand and performance of a phase split vs the need to review multiple disparate reports.

Other key benefits:
 Includes all performance measures detailed by the Open Source ATSPM solution  Customer driven product evolution, extensibility, and support  Backend services that can enable data analysis by Business Intelligence Tools and external centers
 Validation of new technology and operational strategies (i.e., Adaptive, Priority, CAV, etc.)
 Secure and integrated authentication (LDAP compatible) / Off-the-shelf secure HTTP  Archive of raw .dat files
The following reports are currently available via the Transparity SPM Reports Suite:

Signal Performance Measure Reports
Controller Events List Report
Provides users with the ability to review highresolution event data chronologically.

Phase Split Monitor Report
Combines the Phase Termination, Split
Duration, Pedestrian Service/Delay, Split
Failure, and Green Occupancy Ratio (GOR) /
Red Occupancy Ratio (ROR) % performance
measures in a single report in order to
empower signal timing decisions.

Phase Arrivals Report
Compares the volume of vehicles
approaching the green interval versus the red
interval of select phases. This report provides
Phase Split Monitor Report
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City of Modesto, CA
Automated Traffic Signal Performance Measures System
RFP No. 2223-15
April 9, 2024
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the total approach volume, Arrival on Green
%, and area chart to illustrate arrivals on
green versus red for each cycle. This is a key
report in analyzing the performance of
synchronized modes of operation (i.e.,
coordination, adaptive, or peer-to-peer
synchronization).

Phase Idle Time Report
Illustrates the wait time experienced by the
first vehicle to arrive on red before service of
the green interval.

Purdue Coordination Diagram Report
Plots vehicle arrivals against the phase state
(green, yellow, or red) as well as the vehicles
per hour of the approach. The report includes
Arrival on Green %, bandwidth efficiency %
(percentage of the cycle that was green for
the given approach), and Platoon Ratio.

Preemption Details Report
Plots the times of preempt requests, preempt
service and details pertaining to the
preemption operation, including time to
service, dwell time, entry delay, end call, call
max out, track clear, and gate down.

Phase Arrivals Report
Phase Idle Time Report
Purdue Coordination Diagram Report
Traffic Reports
Turning Movement Counts Report
Plots the volume of each approach including
through movements. Users may elect to
display the lane volume and/or total volume
(all lanes).

Peak Hour Report
Automatically identifies the peak hours and
volumes for A.M., Midday, and P.M. day
periods.

Inventory Reports
 Signalized Intersections Report
 Controller Groups Details Report
 Channel Details Report
Side-by-Side Comparisons. The evaluation of signal performance measures becomes increasingly meaningful when the user can review side-by-side comparisons of different data sets without scrolling or opening a new window.

Comparing different sets of data in a single view is predominantly utilized for Before & After evaluation of:
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Automated Traffic Signal Performance Measures System
RFP No. 2223-15
April 9, 2024
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 Effectiveness of modifications to signal timing
 Effectiveness of alternate modes of operation (i.e., Adaptive Signal Control)  Evaluation of the effectiveness in Cross Arterial Coordination  Resolution of detection issues and general signal malfunctions Signal Performance Analytics
There is no doubt that High-Resolution Event Data provides new insights into signal operations and traffic conditions; however, many of the reports require extensive work by an operator to identify issues and solutions. Before an operator can identify and / or verify an issue, they need to know which date ranges and times of day to run reports. Thus, SPM reports are tremendously valuable for historical analysis; but require an operator to continually run them in order to verify current signal system performance.

The newest release version of Transparity SPM includes an analytics process that automatically compares near-real time signal performance data with user specified thresholds / goals and historical averages. The results promote signal timing optimization by clearly identifying the quality of signal operations across the entire transportation network.

Figure 4. Progression Dashboard
System operators can become mislead about the effectiveness of various signal operations when only using the average Arrival on Green percentage (AoG%) to measure effectiveness. The Progression Dashboard combines the AoG% and Platoon Ratio (PR) measures to produce a key performance indicator that highlights the quality of progression for each monitored approach. #6..
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Automated Traffic Signal Performance Measures System
RFP No. 2223-15
April 9, 2024
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Figure 5. Transparity SPM Phase Performance Dashboard
The Phase Performance Dashboard utilizes a unique combination of Green Occupancy Ratio (GOR) and Red Occupancy Ratio (ROR) in order qualify the green time utilization and presence of split failures.

An effective signal performance alert requires the use of normalized data and user-defined thresholds to avoid nuisance alarms. Thus, the key performance indicators (KPIs) established by the performance analytics are the basis for alarm notification and issue awareness.

Transparity SPM will ultimately improve signal system optimization by:
 Clearly identifying the quality of signal operations across the transportation network.  Sorted inventory of agency arterials based on performance characteristics to prioritize corridors with actionable deficiencies.
 Facilitating validation and optimization of signal operations via comparative analysis.  Illustrating the impact of disruptive events (preemption, pattern changes, incidents, etc.).  Enabling data-driven decision making and automatic traffic management when integrated with additional systems and/or services.
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City of Modesto, CA
Automated Traffic Signal Performance Measures System
RFP No. 2223-15
April 9, 2024
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7.2 Commitment to Research and Development, Ease of
Expandability and Openness to Integration with Advanced and Innovative Features
SWARCO McCain is part of the SWARCO AG group, a billion-dollar privately held international, company and the largest traffic product manufacturer in the world. Instead of focusing on shortterm financial goals as our primary objective, is our commitment to a ten-year development roadmap to improve the safety and operations of the transportation industry.

We have recently made a substantial investment in our engineering staff, making our engineering team the largest in the industry. SWARCO McCain is the only end-to-end manufacturer that continues to produce all major product lines including signal heads, cabinets, controllers, signs, and software. This ensures we have full control of our manufacturing and production processes from aluminum ingots to circuit boards (PCBs) and other related components. In regards, to software, our entire software engineering team resides in house versus outsourcing product development.

Our dedication to development and expandability has been demonstrated through SWARCO McCain’s continuous commitment to innovation and interoperability by developing a team comprised of the most passionate and experienced traffic signal operations specialists in the nation. Leveraging our global reach, SWARCO McCain’s solutions are continuously evolving and expanding. Recent updates to our solutions include:

Travel Time Data
Transparity SPMs automatically enable a view of crowd-sourced traffic conditions on the default web map, but can also collect, store, and display travel-time data from external sources. The ability to interoperate with multiple data sources ensures the longevity of the ATSPM system as data providers and system requirements evolve.

For example, the proposed travel time module is intended to utilize the Waze SDK as the opensource provider of travel-time data; however, the underlying framework of Transparity does not prevent use of other data sources such as TomTom, Google Distance Matrix, etc.

Waze integration provides the basis for cost effective travel time monitoring and can also be expanded to include an exchange of data with Waze as a partner to improve driver awareness of road closures and/or other unexpected incidents.

Traffic Signal Optimization
Transparity currently supports integration with traffic signal optimization technologies that support the UDTF format, such as Synchro and TruTraffic. Additionally, SWARCO McCain can now offer integrated signal timing plan optimization technology (MyCity TrafficPlanIQ) that utilizes the ATSPM data collected by the proposed solution.

Traffic Modeling
Omni eX is currently a component of the TransModeler Traffic Simulation Software developed and maintained by Caliper which provides a powerful and versatile traffic simulation package for a wide array of traffic planning and modeling scenarios.

Red Light Violation Safety – Vision Zero
Analysis of high-resolution event data can assist with identifying the propensity for Red Light Violations at an intersection / approach. Once identified, traffic engineers will need to choose the best strategy to improve the safety of the intersection. If a Red-Light Runner can be detected, #6..
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Automated Traffic Signal Performance Measures System
RFP No. 2223-15
April 9, 2024
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extending the red clearance interval is one possible countermeasure that provides intersection protection, allowing the vehicle in violation to clear the conflict zone with opposing traffic.

When combined with Iteris Vantage Vector Detection, the Omni eX controller software can implement a safety feature called “Red Light Protect”. When the detection system predicts that a vehicle may run the red light, it sends an output to the traffic controller software which intelligently applies a calculated extension to the red interval.

If the maximum time for the Red-Light Runner to clear the intersection exceeds the time remaining until the start of the next green phase, then Omni eX will extend the red clearance interval based on the difference between the maximum time to clear and the time remaining until the next green.

Smart Priority
SWARCO McCain has recently added a public transportation priority and EVP system that provides the ability to allocate priority to vehicles at intersections based on their position information, called Smart Priority. This solution if fully compatible with existing AVL systems that conform to GTFS and can provide transit signal priority specific performance measures. This solution is another example of how the Transparity TMS can be utilized to aggregate information and operations in a single solution.

Fully Integrated Solutions
While individual ITS technologies offer unique benefits, day-to-day operations require a cohesive traffic system that is interoperable with standards compliant data sources and traffic devices. The software solutions offered by SWARCO McCain are carefully developed to avoid technological barriers and obsolescence.
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Automated Traffic Signal Performance Measures System
RFP No. 2223-15
April 9, 2024
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APPENDIX A: RESUMES
The following Key Personnel resumes are included in this section:
 Lori Tackett | Senior Project Manager
 Ray Laigo | Systems Integration Manager
 Luke Baker | Senior ITS Engineer
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Automated Traffic Signal Performance Measures System
RFP No. 2223-15
April 9, 2024
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Lori Tackett | Senior Project Manager
SWARCO McCain, Inc. | Vista, CA
Years of Experience: 25

Education & Affiliations
Master of Business Administration, University of Phoenix | San Diego, CA Bachelor of Science in Business Management, University of Phoenix | San Diego, CA Business Accounting, Palomar Junior College | San Marcos, CA Six Sigma Process Improvement Training | HSBC, San Diego, CA Work Experience
Senior Project Manager | SWARCO McCain, Inc. August 2017 – Present As Senior Project Manager at SWARCO McCain, Ms. Tackett is responsible for managing the company’s software and service projects. Her role is to assure project contractual requirements are met and pertinent project-related information is communicated to the business units. She also serves as the company’s liaison with project customers to ensure optimal client satisfaction is achieved. Ms. Tackett is experienced in managing projects in both the public and private sectors including administrative management of highprofile projects. She has created and launched programs that improve a team’s ability to align with project scope, working with all levels of the organization from the executive team to line managers to assure project deadlines and strategic goals are met.

ATMS Project with Traffic Adaptive | City of Culver City, CA Ms. Tackett managed a team that produced and delivered contract tasks that included delivery and field installation of 106 controllers and conflict monitors, intersection timing conversions, and the launch of an adaptive system along 12 corridors in the City. With SWARCO McCain as prime, her ability to effectively manage a large project team that included four subcontractors, while in communication with the city, brought the project to successful completion and final acceptance.

Transparity TMS Project with Traffic Adaptive, Phase 1 | City of Casa Grande, AZ As Project Manager, she worked with the project team through successful implementation of the City’s Phase 1 – Transparity & Adaptive Traffic Operations for 11 intersections. Ms. Tackett oversaw SWARCO McCain’s administration tasks and project deliverables, ensuring team meetings were scheduled to maintain communication among project stakeholders and to collectively review project timelines.

HDOT Maui Traffic Signal Modernization Project | Island of Maui, HI Ms. Tackett helped keep SWARCO McCain’s project team on schedule with its scope of work. She organized project meetings both internally and with customers to maintain communication regarding tasks of delivering new controllers and timing conversions, a travel time system, conflict monitors and Transparity for an ATMS system.

Operations Manager | McCain, Inc. 2016 – 2017
Led operations for McCain’s Manufacturing Division. Her role included oversight of organization operations working with HR, Accounting, Sales, Engineering, Planning Purchasing, Production and Shipping teams.

Generated and reviewed management reports for targets.

Expediting and Shipping Manager | McCain, Inc. Manufacturing 2012 – 2016 Managed Customer First Articles (prototypes) from engineering through production for Manufacturing Division. Oversaw manufacturing of customer First Articles (prototypes) and generation of FAIRs (First Article Inspection Reports) to customers as a condition for production orders. #6..
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City of Modesto, CA
Automated Traffic Signal Performance Measures System
RFP No. 2223-15
April 9, 2024
SWARCO McCain, Inc. | ATSPM System for City of Modesto Page | 24

Ray Laigo | Systems Integration Manager
SWARCO McCain, Inc. | Vista, CA
Years of Experience: 14
Education
Evergreen Valley College | San Jose, CA
Work Experience
Systems Integration Manager | SWARCO McCain, Inc. July 2021 – Present Mr. Laigo is the Systems Integration Manager responsible for the integration of the Transparity TMS software including all field and communication elements. He oversees the preparation of the central software and any server hardware. Mr. Laigo joined SWARCO McCain in 2011 and has been involved in successful deployments of Transparity TMS and ATC with Omni eX for several agencies including the following projects: Springfield, MO and Missouri DOT consisting of 300 intersections; Palmdale, CA consisting of 50+ ATC intersections and approximately 100 total locations; Allentown, PA consisting of 49 intersections; Corona, CA consisting of 160 intersections; and a system for the Government of Jamaica.

ITS Project Manager / Engineer | SWARCO McCain, Inc. July 2014 – July 2021 As ITS Project Manager and Engineer, Mr. Laigo was responsible for planning and managing project scope and timeline and led project task deliveries. He led the deployment and integration of Transparity central software with field communications and users. Additionally, Mr. Laigo maintained deployed systems and managed day-to-day technical support along with systems specialists. He performed training and acceptance tests for projects. Mr. Laigo’s experience with SWARCO McCain includes:

Culver City Citywide Adaptive | Culver City, CA
Mr. Laigo led the Adaptive project that deployed a new central software system, local hardware, and controller software upgrades with Adaptive operations at 106 intersections. His work consisted of prepping the server for the TMS install, installing and configuring Transparity TMS. The integration included new Ethernet-over-copper communications backbone. He performed the Adaptive configuration and fine-tuning for 106 locations, training, and acceptance testing.

Central System Upgrade | City of Pasadena, CA
As the Project Manager, Mr. Laigo led the city-wide central software upgrade for the City of Pasadena that consisted of 310 intersections. He performed a database migration from existing McCain’s QuicNet Pro legacy system and Siemens i2 system to Transparity central software; handled the install and configuration.

Implemented custom intersection graphics for 300+ locations, conducted field support for software updates, chip swaps, training, and acceptance testing.

Technical Specialist | SWARCO McCain, Inc. August 2011 – July 2014 Provided support for customers and performed routine system maintenance testing of local and central software.

Engineering Technician I & II | City of San Jose, CA – Public Works July 2008 – June 2010 Managed day-to-day operations and responded to citizen complaints. Upgraded hardware and software for over 500 intersections.
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City of Modesto, CA
Automated Traffic Signal Performance Measures System
RFP No. 2223-15
April 9, 2024
SWARCO McCain, Inc. | ATSPM System for City of Modesto Page | 25

Luke Baker | Senior ITS Engineer
SWARCO McCain, Inc. | Vista, CA
Years of Experience: 14
Education / Affiliations
Bachelor of Science in Electrical Engineering, New Mexico State University | Las Cruses, NM Institute of Transportation Engineers (ITE) Committee Member Work Experience
Senior ITS Engineer | SWARCO McCain, Inc. February 2018 – Present Mr. Baker conducts the deployment and integration of ATMS, traffic controller and Adaptive control systems. Mr. Baker has deployed several new ATMS systems with various levels of complexity, as well as upgrades to dozens of systems across the country and has served as the lead integrator for adaptive system deployments. Mr. Baker is also responsible for providing technical support on legacy hardware / software and is heavily involved in product development design and testing. Mr. Baker is actively involved in testing innovations such as the connected vehicle technology in conjunction with the FHWA. He performs troubleshooting of software, communications, and controller timing issues. He works closely with software engineers to validate and test bug fixes, and new features to meet customer requirements. Recent projects include:

US Highway 27 Adaptive Signal Control | Florida DOT, Highlands County, FL Facilitated connection of 14 signals along a major highway to a cloud hosted Transparity TMS central system. Implemented adaptive operations on the corridor to improve traffic flow. Provided testing, training, and support services throughout the course of the project.

Maui County ATMS | Maui, HI
Assisted with the controller deployment, firmware upgrades and communications integration for over 80 signals on the island. Set up hi-resolution data collection for high level signal performance measures.

Culver City Citywide Adaptive | Culver City, CA
Deployed over 100 ATC controllers and worked with the city and their consultants to generate optimized timing plans. Integrated the controllers on Transparity TMS and implemented adaptive signal control on 12 corridors throughout the city. Provided testing and training to meet strict project requirements.

Traffic Signal Operations Specialist | City of Encinitas, CA January 2014 – February 2018 Mr. Baker managed the signal system for the City of Encinitas. He was responsible for managing signal maintenance, new signals, modification, and timing projects. He responded to citizen complaints and took appropriate actions. In addition, he was involved in various traffic engineering projects including speed surveys, striping plans, traffic counts, and streetscape projects. Mr. Baker managed HSIP project to upgrade the traffic communications network to fiber optic network.

Relevant Skills
Actively involved in testing innovations such as the connected vehicle technology in conjunction with the FHWA. Vast experience in troubleshooting communications and networking in LAN, WAN, IP, NTCIP, Ethernet, FSK, RF, and dialup systems. Experienced with Windows Azure, Synchro, Tru-Traffic, VSCATA, and Linux embedded tools.
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City of Modesto, CA
Automated Traffic Signal Performance Measures System
RFP No. 2223-15
April 9, 2024
SWARCO McCain, Inc. | ATSPM System for City of Modesto Page | 26

APPENDIX B: MAINTENANCE AGREEMENT
The following pages include samples of SWARCO McCain’s system maintenance agreement. #6..
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1 Agency Name
Transparity Software Maintenance Agreement

XX/XX/XXXX

TRANSPARITY SOFTWARE MAINTENANCE AGREEMENT
This Software Maintenance Agreement (“Agreement”) is entered into and effective as of the date set forth below (“Effective Date”) by and between SWARCO McCain, Inc., a California corporation (“Licensor”) and the customer identified below (“Customer”).

This Agreement consists of this Signature page and the Software Maintenance Agreement.

Each party has read, understands, and agrees to the terms and conditions of this Agreement.

Effective Dates: Start Date – End Date
Accepted by:

SWARCO MCCAIN, INC. CUSTOMER: AGENCY NAME
Sign: _______________________ Sign: _______________________ Name: Robert Ung Name: ____________ __________
Title: Director of ITS Solutions Title: _ ______________________ Date: ________________________ Date: __________________________ Address for Formal Notice: Address for Formal Notice:

SWARCO McCain Inc. _______________________
2365 Oak Ridge Way _______________________
Vista, CA 92081 _______________________
Attn: Lori Tackett Attn: ___________
PLEASE SIGN AND RETURN THIS AGREEMENT TO SWARCO MCCAIN, INC. AND RETAIN A COPY FOR YOUR RECORDS. #6..
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2 Agency Name
Transparity Software Maintenance Agreement

XX/XX/XXXX

TRANSPARITY SOFTWARE MAINTENANCE AGREEMENT

1. Definitions
“Software Upgrades” means a major version upgrade of the general software released by Licensor during the term of this Agreement.
“Software Updates” are maintenance software releases, bug fixes, and patches to the Software, including minor version releases of the Software.
“Software Upgrades” and “Software Updates” do not include optional/add-on Software Modules. Additional development work to customize the delivered software is not included in this agreement and will be handled as a change order.

Software Upgrades and Updates released by SWARCO McCain are included in this Software Maintenance Agreement.

2. Technical Support
Maintenance includes a certain number of technical support hours and is restricted to the scope defined by this Agreement. Unless otherwise identified in the Quote, the number of technical support hours included with annual Maintenance fees is XX hours per calendar year. Specific technical support items covered by this Agreement include:
• Software Workstation Installations – Often existing workstations are replaced and/or repaired in a manner that removes the Software client from the computer. These workstations may be re-installed by a member of Licensor’s ITS Solutions Group under the terms of this Agreement. • Communication Error Diagnostics – There are many factors involved in establishing solid communication with an intersection. When experiencing lag or complete failure when attempting to communicate with a new or existing intersection, Licensor staff can diagnose the communication sent and received by the central system. Communication diagnostics include:
o Interpretation of Comm Error Logs
o Analysis of Baud Rate vs. Polling Frequency
o Verification of Communication Addressing Parameters
o Identification of troubled intersections/controllers
o Identification of TCP/IP Network configuration issues *Evaluation of Interconnect (such as fiber optic cabling) and third-party communication devices is not covered by this Agreement.
**Travel expenses for field diagnostics are not covered by this Agreement. • SQL Server Database Maintenance – SQL Server maintains the system and history database for all devices configured in the Software. The performance of SQL Server can impact the Software central system and #6..
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3 Agency Name
Transparity Software Maintenance Agreement

XX/XX/XXXX
should be reviewed from time to time. The following activities are covered by this Agreement and are performed during scheduled maintenance only:
o Backups/Archives of System Configuration SQL Server Data (TransparityConfig)* o Purging of SQL Tables
o Review of SQL Server Performance/Optimization Plans
*Does not relieve Customer of obligation to perform routine backups. • Local Controller Software Support – The ITS Solutions Group will provide an understanding of local controller software and how each feature operates in the field, which may include reviewing an issue with newly produced coordination timing or providing suggestions on logic and special events. • Ongoing Training – New employees, consultants, or existing staff, may require refresher training or brief walkthrough to ensure the Customer’s team is sufficiently trained on the operation of the Software.

Customer can exchange its remaining support hours for technical training. Additional hours of training can be purchased via a separate contract.

Travel expenses for onsite training are not covered by this Agreement. • Software Maintenance – As a part of Maintenance, the following services will be performed by Licensor up to X times a year using the remote access connection.
o Review software versions of all Software used by Customer to determine whether version updates are due, and if so, perform the necessary updates.
o Review event logs, etc. and advise management regarding any issues as requiring attention. o Review general system status including communications with field devices, workstations, etc. and provide a report to management, if necessary, regarding any issues. o Review maintenance on SQL database.
o PDF report to include work performed, issues found and fixed, and any proposed action for Customer.
o Review other issues to ensure compliance with the terms and conditions of this Agreement.

Technical support is offered through Licensor’s ITS Solutions Group and is available during normal business hours of 7:00 AM PDT to 4:00 PM PDT, Monday through Friday. Technical support is provided to Customer on a “best efforts” basis with a response time of 48 hours.

Additional technical support time in excess of stated amount will be available to Customer under a separate contract.

3. Local Controller Firmware Support
When new Licensor local controller firmware is deployed, the central software may require updates to enable communication to these new programs.

4. Extended Workstation Licensing
During the term of this Agreement and to the extent that any support hours remain under this Agreement, Customer is authorized to expand the number of Software workstations. #6..
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4 Agency Name
Transparity Software Maintenance Agreement

XX/XX/XXXX

5. Software Updates
When Licensor, at its sole discretion, releases Software Updates, Licensor shall supply such Software Updates to Customer with a valid Software Maintenance Agreement free of charge. Such Software Updates will be provided by Licensor when Licensor makes them generally available to the market. It is Licensor’s policy to utilize the Internet and remote support technology for software distribution. All Software Updates provided, including documentation and program materials, are subject to this Agreement.

6. Exclusions from Maintenance
Licensor is not obligated to provide Maintenance in the following situations:
• Work involving the user of a sub-contractor or consultant • SWARCO McCain is not responsible for the agency’s communications infrastructure • Software has been changed, modified, altered repaired, damaged, or deleted (excluding modifications and repairs made by or under the direct supervision of Licensor) • Issues caused by Customer’s negligence, misuses, abuse, hardware malfunction or other causes beyond the reasonable control of Licensor
• Third-party software not supplied or installed by Licensor • When requested maintenance activities are outside service agreement dates

7. Maintenance renewal and termination
A Maintenance renewal Quote shall be provided to Customer thirty (30) days prior to the expiration of this Agreement. The Maintenance renewal Quote includes the Maintenance renewal dollar amount and billing information. The Maintenance is considered renewed once payment is received. If the Maintenance has not been renewed after expiration date, this Agreement shall automatically be terminated without any action of Licensor. In any event, Licensor shall have no obligation to support or maintain any version of the Software except (a) the thencurrent version of the Software, and (b) the immediately preceding version of the Software for a period of six (6) months after it is first superseded.

8. Conditions for Providing Maintenance
Licensor’s obligation to provide Maintenance is conditioned upon the following:
• Customer immediately notifies Licensor of any errors with reasonable detail of the nature and circumstances surrounding the error
• Customer makes reasonable efforts to solve the reported problem after consulting with Licensor • Customer provides Licensor with sufficient information and resources to correct the reported problem either at Licensor’s customer support center or via remote access** at Customer’s site, as well as access to the personnel, hardware and any additional software involved in discovering the problem • Customer procures, installs, and maintains all equipment, telephone lines, communication interfaces and other hardware necessary to operate the Software
**On-line / Remote technical support - the following requirements must be met:
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5 Agency Name
Transparity Software Maintenance Agreement

XX/XX/XXXX
• Software server or workstation must have internet access • Allow Licensor’s support staff to utilize software called Go-to-Assist by Citrix or similar software on the Software server or workstation
WITH RESPECT TO ANY ERRORS REPORTED BY CUSTOMER TO LICENSOR, LICENSEE AGREES THAT LICENSOR’S SOLE AND EXCLUSIVE OBLIGATION AND LICENSEE’S SOLE AND EXCLUSIVE REMEDY UNDER THIS AGREEMENT WITH

RESPECT TO MAINTENANCE IS FOR LICENSOR TO USE COMMERCIALLY REASONABLE EFFORTS TO CORRECT SUCH ERRORS IN ACCORDANCE WITH LICENSOR’S SUPPORT OBLIGATIONS PURSUANT TO THIS SOFTWARE MAINTENANCE AGREEMENT.
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City of Modesto, CA
Automated Traffic Signal Performance Measures System
RFP No. 2223-15
April 9, 2024
SWARCO McCain, Inc. | ATSPM System for City of Modesto Page | 27

APPENDIX C: REQUIRED PROPOSAL FORMS
The following required Proposal Forms are included in Appendix C:
 Proposal Form A – RFP Acknowledgement
 Proposal Form B – Proposer Company Information
 Proposal Form C – Pricing Schedule (included separately with Cost Proposal)  Proposal Form D – Proposal Exceptions Clarifications, Amendments  Proposal Form E – Proposer Customer References
 Proposal Form F – Financial Interest Disclosure
 Proposal Form G – Proposer Company History Statement
 Proposal Form H – Proposer Financial Statements
 Proposal Form I – Addenda Acknowledgment
 Proposal Form J – Proposer Warranty Statements
 Proposal Form K – Proposer Experience and Certifications  Proposal Form L – Subcontractor List
 Proposal Form M – Consultant DBE Commitment
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CITY OF MODESTO

COMMITTEE AGENDA REPORT
DATE OF MEETING:

August 12, 2024
Date: July 11, 2024
TO: Safety and Communities Committee
Rosa Escutia-Braaton, Chair
Jeremiah Williams, Vice-Chair
Chris Ricci, Member
THROUGH: Joseph P. Lopez, City Manager
FROM: Brandon Gillespie, Chief of Police
SUBJECT: Axon Enterprise, Inc.- Fusus Real-Time Public Safety Operations Solution CONTACT: Cathy McFadon, Police Civilian Manager, [email protected], 209-572-9500
DESCRIPTION:

Consider an Agreement with Axon Enterprise, Inc., Scottsdale, AZ, for Fusus Real-Time Public Safety Operations Solution for a total amount not to exceed $410,000 and forwarding to Council for approval. (Funding Source: Police Grants, Supplemental Law Enforcement Services Fund) STRATEGIC PLAN ELEMENT:

The item is related to the 2020-2025 City of Modesto Strategic Plan’s goal of improving community safety and quality of life through a combination of prevention and intervention efforts that address safety and its underlying issues.

BACKGROUND:

The Modesto Police Department (MPD) implemented a Real Time Crime Center (RTCC) in 2016 to enhance the real-time support and delivery of police and public safety services for the community. The RTCC processes and analyzes calls for service, intelligence, and data from multiple sources in real-time, utilizing a video wall with live feeds from the City’s camera networks. Centralizing all data sources into a single interface is crucial for improving the operational efficiency of RTCC staff and the response capabilities and situational awareness of field officers.

On February 28, 2023, the MPD entered into a Professional Services Agreement (PSA) with Fusus to evaluate their ability to add more robust and additional benefits not currently available with the department’s current software. This included, but was not limited to:
 Full Integration with Axon Body 4™ Body-Worn Cameras (BWCs) – including capabilities unique to Fusus for correlation of Officer location, BWC recording status, access to BWC live streaming video, user authentication and correlation to other video and alerting assets through the platform.
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Safety and Communities Committee, August 12, 2024
Axon Enterprise, Inc. - Fusus Real-Time Public Safety Operations Solution

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Safety and Communities CommitteeAugust 12, 2024

Safety and Communities Committee
August 12, 2024