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 in costly communication equipment will be secure well beyond the current agreement’s expiration date. Additionally, this amendment will also provide some stability for 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 #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. #17..
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City Council, September 10, 2024
First Amendment to the Sutter Avenue Wastewater Treatment Facility New Cingular Wireless, PCS, LLC, Cell Tower Site Lease Agreement
No budget adjustment is required currently. Staff will budget the estimated cell tower revenue to the operating budget during future annual budget processes.
COMMITTEE RECOMMENDATION:
This item was reviewed by the Safety and Communities Committee on August 12, 2024, and the Committee recommended forwarding the item to Council for approval.
CEQA/NEPA REQUIREMENTS:
The approval of this agreement is exempt from CEQA because it is an administrative action.
RECOMMENDED COUNCIL ACTION:
Staff Recommendations:
Resolution approving 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 authorizing the City Manager, or his designee, to execute the agreement.
Approved by:
Jeremy Rogers, Director of Parks, Recreation and
Neighborhoods
Joseph P. Lopez, City Manager
Attachments:
1. Resolution
2. First Amendment to the New Cingular, PCS, LLC, Lease Agreement at the Sutter Avenue Wastewater Treatment Facility
3. Original Cell Tower Agreement
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09/10/2024/PRN/NHoux/Item XX 1 2024-XXX
MODESTO CITY COUNCIL
RESOLUTION NO. 2024-
RESOLUTION APPROVING 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 AUTHORIZING THE CITY MANAGER, OR HIS
DESIGNEE, TO EXECUTE THE AGREEMENT
WHEREAS, the City of Modesto partners with various cellular service providers by leasing city property for cell towers; and
WHEREAS, these partnerships are a benefit to the residents of the City of Modesto by improving cellular service coverage throughout Modesto, improving coverage for the FCC mandated E911 Services; and
WHEREAS, 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 facilities that included three (3) extensions of five (5) years each, expiring June 24, 2033; and
WHEREAS, 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; and
WHEREAS, the two parties have reach an agreement on terms for an amendment, extending the lease agreement; and
WHEREAS, the amendment includes the following terms:
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09/10/2024/PRN/NHoux/Item XX 2 2024-XXX
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.
NOW, THEREFORE, BE IT RESOLVED by the Council of the City of Modesto that it hereby approves 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.
BE IT FURTHER RESOLVED, that the City Manager, or his designee, is hereby authorized to execute the Amendment, in a form approved by the City Attorney. #17..
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09/10/2024/PRN/NHoux/Item XX 3 2024-XXX
The foregoing resolution was introduced at a regular meeting of the Council of the City of Modesto held on the 10th day of September, 2024, by Councilmember who moved its adoption, which motion being duly seconded by Councilmember , was upon roll call carried and the resolution adopted by the following vote:
AYES: Councilmembers:
NOES: Councilmembers:
ABSENT: Councilmembers:
ATTEST:
DIANA NAYARES-PEREZ, CMC,
City Clerk
APPROVED AS TO FORM:
BY: ___________________________
JOSE M. SANCHEZ, City Attorney
#17..
- 660 -
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 #17..
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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. #17..
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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. Suite Cell Site Name: West Hatch – Utistick 4400 Fixed Asset #: 10134769
Modest, 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: ________________________________
CHRISTINA ALGER, Director of Human Resources
Vani Muller
Associate Director AT&T
08/14/2024
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EXHIBIT B-1
Additional Premises Area
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CITY OF MODESTO
COUNCIL AGENDA REPORT
DATE OF MEETING:
September 10, 2024
Date: August 19, 2024
TO: Mayor and City Council
THROUGH: Joseph P. Lopez, City Manager
FROM: Jeremy Rogers, CPRE, Director of Parks, Recreation and Neighborhoods SUBJECT: City Sponsorship of the 2024 International Heritage Festival CONTACT: Diane Sheatsley, Administrative Analyst II, [email protected], 209-577-5418
DESCRIPTION:
Consider approving the City’s sponsorship of the 2024 International Heritage Festival for $5,080 in in-kind support and a direct monetary contribution of $2,650. (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.
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.
#18..
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City Council, September 10, 2024
City Sponsorship of the 2024 International Heritage Festival
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 request for a monetary contribution were included. The value of the 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 direct monetary contribution. This contribution, which is 20% of the Committee’s overall budget, will be used towards the rental of portable toilets, tables, chairs, printing of passport coloring books, flyers and posters, and event insurance.
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.
#18..
- 694 -
City Council, September 10, 2024
City Sponsorship of the 2024 International Heritage Festival
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).
COMMITTEE RECOMMENDATION:
This agenda item was previously heard by the Safety & Communities Committee on August 12, 2024 which unanimously approved it be forwarded to Council for approval.
RECOMMENDED COUNCIL ACTION:
Staff Recommendations:
Resolution approving the City’s sponsorship of the 2024 International Heritage Festival for $5,080 in in-kind support and a direct monetary contribution of $2,650.
Approved by:
Jeremy Rogers, CPRE
Director of Parks, Recreation & Neighborhoods
Joseph P. Lopez, City Manager
Attachment:
1. Resolution
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09/10/2024/PRND/JROGERS 1 2024-?
MODESTO CITY COUNCIL
RESOLUTION NO. 2024-?
RESOLUTION APPROVING THE CITY’S SPONSORSHIP OF THE 2024 INTERNATIONAL HERITAGE FESTIVAL FOR $5,080 IN IN-KIND SUPPORT AND A DIRECT MONETARY CONTRIBUTION OF $2,650
WHEREAS, community and special events provide community and economic benefits to Modesto; and
WHEREAS, each year the City receives more requests for in-kind and direct contribution sponsorships; and
WHEREAS, the City implemented Administrative Directive Policy Number 3.6 (AD 3.6) for Community and Special Event Sponsorships for the application of new and one-time City sponsorships; and
WHEREAS, sponsorship criteria requires events to have a social, educational, economic, or recreational benefit to the community; cannot be religious or political in nature or seek to support or oppose any religious or political viewpoints; are held at a City-owned building, property or street(s); are not less than 120 days from the date of event and does not conflict with other sponsored events on or around that date, and the applicant or organization is in good standing and has not received a sponsorship from the City within the last twelve months; and
WHEREAS, sponsorships are awarded based on the availability of City funding, staffing, and resources; and
WHEREAS, sponsorships may be awarded or denied in whole or in part; and WHEREAS, AD 3.6 requires all requests for in-kind support valued at $5,000 or more be approved by Council; and
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09/10/2024/PRND/JROGERS 2 2024-?
WHEREAS, AD 3.6 requires all requests for direct monetary contributions over $500 be approved by Council; and
WHEREAS, the International Festival Committee (Committee), a California nonprofit organization holds the International Heritage Festival each year, and WHEREAS, the International Heritage Festival teaches children and families about geography, history, patriotism, music, dance, and arts and crafts from around the world as well as focuses on linking hands-on activities to current California social studies curriculum and child development; and
WHEREAS, in 2023, the Committee submitted a sponsorship application for inkind sponsorship support; and WHEREAS, the City sponsored the 2023 event by providing $1,855 in in-kind support; and
WHEREAS, the Committee has submitted an application for the 2024 International Heritage Festival with in-kind support valued at $5,080 and a request for a $2,650 monetary contribution; and
WHEREAS, a preliminary review of the in-kind support for fee waivers and City services has been approved by applicable Department Heads; and WHEREAS, General Fund funding for the in-kind support and monetary contribution is budgeted for the Fiscal Year 2024-2025 Operating Budget; and WHEREAS, per AD 3.6, Council approval of the in-kind and monetary support is required.
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09/10/2024/PRND/JROGERS 3 2024-?
NOW, THEREFORE, BE IT RESOLVED by the Council of the City of Modesto that it hereby approves the City’s sponsorship of the 2024 International Heritage Festival for $5,080 in in-kind support and $2,650 in direct monetary contributions. #18..
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09/10/2024/PRND/JROGERS 4 2024-?
The foregoing resolution was introduced at a regular meeting of the Council of the City of Modesto held on the 10th day of September, 2024, by Councilmember ?, who moved its adoption, which motion being duly seconded by Councilmember ?, was upon roll call carried and the resolution adopted by the following vote:
AYES: Councilmembers:
NOES: Councilmembers:
ABSENT: Councilmembers:
ATTEST:
DIANE NAYARES-PEREZ, City Clerk
APPROVED AS TO FORM:
BY: ___________________________
JOSE M. SANCHEZ, City Attorney
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CITY OF MODESTO
COUNCIL AGENDA REPORT
DATE OF MEETING:
September 10, 2024
Date: August 12, 2024
TO: Mayor and City Council
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 approving 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 for a two-year agreement, with five one-year extension options. (Funding Source: Congestion Mitigation and Air Quality) STRATEGIC PLAN ELEMENT:
This item is consistent with Council’s Strategic Commitment 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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- 700 -
City Council, September 10, 2024
Award Automated Traffic Signal Performance Measures Agreement
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 evaluated the proposals. 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. of 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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- 701 -
City Council, September 10, 2024
Award Automated Traffic Signal Performance Measures Agreement
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 funding for the grant will be budgeted in Project 101128.
ANTICIPATED AGREEMENT EXPENDITURES
Consultant Services $119,700
10% Contingency $11,970
TOTAL $131,670
COMMITTEE RECOMMENDATION:
This project was presented to the Safety and Communities Committee on August 12, 2024, as a motion to award, and was recommended to forward to Council for approval.
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 COUNCIL ACTION:
Staff Recommendations:
Resolution approving the Award of Proposal and Agreement for the Automated Traffic Signal Performance Measures with Swarco McCain Inc. of Vista, CA for a two-year Agreement, with five one-year extension options, in the amount of $119,700 plus $11,970 in additional services, for a total amount not to exceed $131,670 and authorizing the City Manager, or his designee, to execute the Agreement.
Approved by:
Bill Sandu, Director of Public Works
Joseph P. Lopez, City Manager
Attachments:
1. Resolution
2. Agreement with Swarco McCain, Inc.
3. Cost Abstract
4. Scoring Abstract
5. Authorization to Request Proposals
6. RFP for Awarding Proposer
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1 2024-
MODESTO CITY COUNCIL
RESOLUTION NO. 2024-
RESOLUTION APPROVING THE AWARD OF PROPOSAL AND
AGREEMENT FOR THE AUTOMATED TRAFFIC SIGNAL PERFORMANCE
MEASURES WITH SWARCO MCCAIN INC. OF VISTA, CA, FOR A TWOYEAR AGREEMENT, WITH FIVE ONE YEAR EXTENSION OPTIONS, IN THE AMOUNT OF $119,700 PLUS $11,970 IN ADDITIONAL SERVICES, FOR A TOTAL AMOUNT NOT TO EXCEED $131,670, AND AUTHORIZING THE
CITY MANAGER, OR HIS DESIGNEE, TO EXECUTE THE AGREEMENT WHEREAS, 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; and WHEREAS, 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; and WHEREAS, on September 20, 2022, the City Manager authorized the Purchasing Manager to solicit the procurement to configure and integrate in the existing Advanced Traffic Management System. On March 8, 2024, the Purchasing Division issued Request for Proposals #2223-15 for bidding and 73 prospective bidders were notified online and via email of the bid opportunity. Thirty companies downloaded the RFP from PlanetBids; and
WHEREAS, 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. These proposals were later evaluated by the Director of Public Works for the consideration of Council; and #19..
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2 2024-
WHEREAS, the Director of Public Works has recommended that the proposal of $119,700 received from Swarco McCain, Inc be accepted as the highest rated proposal received and that the contract be awarded to Swarco McCain, Inc; and WHEREAS, Modesto Municipal Code (MMC) 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 agreement for Swarco McCain Inc. conforms to the MMC because the City complied with the formal bid procedures and Swarco McCain Inc. was the highest ranked proposal based on the evaluation criteria; and
WHEREAS, 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.
NOW, THEREFORE BE IT RESOLVED, by the Council of the City of Modesto that it hereby approves the Award of Proposal and Agreement for the Automated Traffic Signal Performance Measures with Swarco McCain Inc. of Vista, CA for a two-year Agreement, with five one-year extension options, in the amount of $119,700 plus $11,970 in additional services, for a total amount not to exceed $131,670.
BE IT FURTHER RESOLVED, that the City Manager, or his designee, is hereby authorized to execute the contract, in a form approved by the City Attorney. #19..
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3 2024-
The foregoing resolution was introduced at a regular meeting of the Council of the City of Modesto held on the 10th day of September, 2024, by Councilmember ?, who moved its adoption, which motion being duly seconded by Councilmember ?, was upon roll call carried and the resolution adopted by the following vote:
AYES: Councilmembers: ?
NOES: Councilmembers: ?
ABSENT: Councilmembers: ?
ATTEST:
DIANE NAYARES-PEREZ, CMC, City Clerk
(SEAL)
APPROVED AS TO FORM:
BY:
JOSE M. SANCHEZ, City Attorney
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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 an Automated Traffic Signal Performance Measures (ATSPM) software system is required 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 $131,670. (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.
4. OBLIGATIONS OF CONSULTANT.
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 #19..
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3 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 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. #19..
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4 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.
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 #19..
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5 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 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. #19..
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6 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
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 #19..
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7 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.
(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 #19..
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8 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.
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 #19..
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9 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;
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 #19..
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10 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 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 #19..
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11 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.
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. #19..
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12 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.
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. #19..
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13 26. CITY BUSINESS LICENSE.
Consultant will have a City of Modesto business license. #19..
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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. #19..
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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 #19..
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REQUEST FOR PROPOSALS # 20223-15
AUTOMATED TRAFFIC SIGNAL
PERFORMANCE MEASURES (ATSPM) SYSTEM
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. #19..
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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. #19..
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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. #19..
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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 #19..
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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 #19..
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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 #19..
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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. #19..
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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. #19..
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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- #19..
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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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AUTOMATED TRAFFIC SIGNAL
PERFORMANCE MEASURES (ATSPM) SYSTEM
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
#19..
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AUTOMATED TRAFFIC SIGNAL
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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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PERFORMANCE MEASURES (ATSPM) SYSTEM
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
#19..
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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 $
#19..
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REQUEST FOR PROPOSALS # 20223-15
AUTOMATED TRAFFIC SIGNAL
PERFORMANCE MEASURES (ATSPM) SYSTEM
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 #19..
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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:
#19..
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PERFORMANCE MEASURES (ATSPM) SYSTEM
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
#19..
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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: __________________________________________________ #19..
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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. #19..
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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:
#19..
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REQUEST FOR PROPOSALS # 20223-15
AUTOMATED TRAFFIC SIGNAL
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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 #19..
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PERFORMANCE MEASURES (ATSPM) SYSTEM
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. #19..
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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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PERFORMANCE MEASURES (ATSPM) SYSTEM
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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REQUEST FOR PROPOSALS # 20223-15
AUTOMATED TRAFFIC SIGNAL
PERFORMANCE MEASURES (ATSPM) SYSTEM
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 #19..
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REQUEST FOR PROPOSALS # 20223-15
AUTOMATED TRAFFIC SIGNAL
PERFORMANCE MEASURES (ATSPM) SYSTEM
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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AUTOMATED TRAFFIC SIGNAL
PERFORMANCE MEASURES (ATSPM) SYSTEM
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 #19..
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AUTOMATED TRAFFIC SIGNAL
PERFORMANCE MEASURES (ATSPM) SYSTEM
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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REQUEST FOR PROPOSALS # 20223-15
AUTOMATED TRAFFIC SIGNAL
PERFORMANCE MEASURES (ATSPM) SYSTEM
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 #19..
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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 #19..
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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. #19..
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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 #19..
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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 #19..
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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 #19..
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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 #19..
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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 #19..
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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. #19..
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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. #19..
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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. #19..
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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 #19..
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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. #19..
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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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CITY OF MODESTO
COUNCIL AGENDA REPORT
DATE OF MEETING:
September 10, 2024
Date: August 14, 2024
TO: Mayor and City Council
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 approving an 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 four years. (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 roadway 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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City Council, September 10, 2024
Award Travel Time Bluetooth Data Services Agreement
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 roadway network and signal communication to circulate and arrive at their destinations. Bluetooth data will provide metrics such as travel times, speed data, destination-origin data, and travel time demand allowing City staff to maximize green phasing for trends. This project is purchasing access to the data already collected by the vendor. The coordination and active evaluation of signal performance is a dayto-day task for the Traffic Engineering & Operations and Traffic 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 insights to interactions between motorists, pedestrians, and bicyclists across the network of arterial roadways.
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) and the City utilized toll credits in place of the local match requirement. The funding from the grant will be budgeted in Project 101243.
ANTICIPATED AGREEMENT EXPENDITURES
Consultant Services $140,000
TOTAL $140,000
COMMITTEE RECOMMENDATION:
This project was presented to the Safety and Communities Committee on August 12, 2024, as a motion to award, and was recommended to forward to Council for approval. #20..
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City Council, September 10, 2024
Award Travel Time Bluetooth Data Services Agreement
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:
Resolution approving an Agreement with Streetlight Data Inc. of San Francisco, CA, by utilizing the Competitive Bid Process with National Intergovernmental Purchasing Alliance (National IPA), SCAG, for the Travel Time Bluetooth Data, for a four-year agreement not to exceed $140,000 and authorizing the City Manager, or his designee, to execute the Agreement.
Approved by:
Bill Sandhu, Public Works Director
Joseph P. Lopez, City Manager
Attachments:
1. Resolution
2. Agreement with Streetlight Data, Inc.
3. Exhibit A - Modesto Presentation
4. Exhibit B – Price Schedule
5. SCAG RFP
6. SCAG Streetlight Data, Inc. Contract
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1 2024-
MODESTO CITY COUNCIL
RESOLUTION NO. 2024-
RESOLUTION APPROVING AN AGREEMENT WITH STREETLIGHT DATA INC. OF SAN FRANCISCO, CA, BY UTILIZING THE COMPETITIVE BID
PROCESS WITH NATIONAL INTERGOVERNMENTAL PURCHASING
ALLIANCE (NATIONAL IPA), SCAG, FOR THE TRAVEL TIME BLUETOOTH DATA, FOR A FOUR-YEAR AGREEMENT NOT TO EXCEED $140,000, AND
AUTHORIZING THE CITY MANAGER, OR HIS DESIGNEE TO EXECUTE
THE AGREEMENT
WHEREAS, 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 roadway corridors for all modes of transportation including passenger cars, trucks, pedestrians, and bicyclists; and WHEREAS, 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; and
WHEREAS, 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 #20..
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2 2024-
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; and WHEREAS, the Director of Public Works has recommended that the agreement for services not to exceed $140,000 received from Streetlight Data, Inc be accepted as competitive from a Cooperative Agreement agency and that the contract be awarded to Streetlight Data, Inc; and
WHEREAS, Modesto Municipal Code (MMC) 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. 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. An award of agreement for Streetlight Data Inc. conforms to the MMC because the City utilized the Competitive Bid Process with National Intergovernmental Purchasing Alliance (National IPA) procedures and the Southern California Association of Governments (SCAG) Request for Proposals #23-018 for Analytic Platform meets our cooperative purchasing plan policy, Streetlight Data Inc. was awarded one of the contracts and the scope of services align with the City of Modesto needs; and #20..
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3 2024-
WHEREAS, the City was granted $150,000 from the CMAQ grant program through Stanislaus Council of Governments (StanCOG) and utilized toll credits in place of the local match requirement.
NOW, THEREFORE BE IT RESOLVED, by the Council of the City of Modesto that it hereby approves an Agreement with Streetlight Data Inc. of San Francisco, CA, by utilizing the Competitive Bid Process with National Intergovernmental Purchasing Alliance (National IPA), SCAG, for the Travel Time Bluetooth Data, for a four-year agreement not to exceed $140,000.
BE IT FURTHER RESOLVED, that the City Manager, or his designee, is hereby authorized to execute the contract, in a form approved by the City Attorney. #20..
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4 2024-
The foregoing resolution was introduced at a regular meeting of the Council of the City of Modesto held on the 10th day of September, 2024, by Councilmember ?, who moved its adoption, which motion being duly seconded by Councilmember ?, was upon roll call carried and the resolution adopted by the following vote:
AYES: Councilmembers: ?
NOES: Councilmembers: ?
ABSENT: Councilmembers: ?
ATTEST:
DIANE NAYARES-PEREZ, CMC, City Clerk
(SEAL)
APPROVED AS TO FORM:
BY:
JOSE M. SANCHEZ, City Attorney
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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 #20..
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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, #20..
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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 #20..
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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. #20..
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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
\s2\ \s1\
SIGNATURE: SIGNATURE:
\n2\ \n1\
NAME: NAME:
\t2\ \t1\
TITLE: TITLE:
\d2\ \d1\
DATE: DATE:
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I. SUMMARY
The Southern California Association of Governments (SCAG) is soliciting proposals in response to Request for Proposal (RFP) No. 23-018, SCAG Analytic Platform.
The primary source of funding for this Agreement is allocated pursuant to the State of California (the “State”), Department of Housing and Community Development (“Department”) under the Regional Early Action Planning (REAP) Grant Program, the regional component of the Local Government Planning Support Grants Program (as described in Health and Safety Code section 50515.02). As such, SCAG encourages participation of all persons regardless of race, color, national origin, sex, religion, familial status, or disability.
The RFP is comprised of the following parts presented herein as Attachments:
Attachment 1 – Proposal Information, Organization, and Content Attachment 2 – Scope of Work
Attachment 3 – Evaluation Criteria
Attachment 4 – Line Item Budget (Cost Proposal)
Attachment 5 – Debarment and Suspension Certification
Attachment 6 – Conflict of Interest Form
Attachment 7 – Vendor Information (to be completed by the prime & all subs) Attachment 8 – Notice Regarding California Public Records Act II. PROPOSAL TIMELINE
III. PROPOSAL SUBMISSION
Upload one (1) PDF copy of your Technical Proposal (file cannot exceed 10MB) into SCAG’s solicitation management system (PlanetBids) at http://www.planetbids.com/portal/portal.cfm?CompanyID=14434#.
Upload your Cost Proposal as a separate Excel workbook file in PlanetBids (from the rest of your Technical Proposal) using the SCAG Line Item Budget PRIME Template available at SCAG’s Website
Proposal Timeline (Subject to change) Date Time
(Pacific
Standard)
RFP Released September 22, 2022
Deadline to Upload Questions into
PlanetBids
September 30, 2022 10:00 a.m.
Posting of Answers to Questions (if
any)
October 4, 2022 5:00 p.m.
Proposal Due Date October 24, 2022 10:00 a.m.
Evaluation of Proposals October 27, 2022
Consultant Interviews November 3, 2022 TBD
Final Selection November 2022
Contract Execution/NTP November/December
2022
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2 rev 01/07/22
http://scag.ca.gov/opportunities/Pages/BusinessWithSCAG.aspx. The workbook contains a pricing sheet that you must complete for the prime and any sub consultants. There is a separate tab for each sub-consultant.
You MUST upload your submittal via PlanetBids. No other means of submission shall be accepted by SCAG. If you need assistance, contact the SCAG staff identified in Section IV below before the Due Date/Time. Again, allow sufficient time before the due Date/Time SCAG must receive proposals before the Proposal Due Date/Time (time to be determined by SCAG’s/PlanetBids time clock). Note, all parts of your submittal must be completely uploaded before the Proposal Due Date/Time. Any proposal received after the Proposal Due Date/Time will be rejected.
All submissions are considered a matter of public record.
Note: “proposer,” “consultant,” and “firm” may be used interchangeably throughout this document.
IV. SCAG CONTACT
Ana Bello, Contracts Administrator II
Southern California Association of Governments
900 Wilshire Blvd., Suite. 1700
Los Angeles, CA 90017
(213) 630-1441
Email: [email protected]
The Contracts Administrator is the only person to contact during the selection process, and may be contacted at any time during the process.
V. QUESTIONS AND ANSWERS
Any questions must be submitted in writing via PlanetBids under this solicitation number.
Answers to the questions will be posted on SCAG’s solicitation management system under the corresponding RFP typically no later than three (3) working days after the deadline to submit questions.
VI. PRE-PROPOSAL CONFERENCE
Not applicable.
VII. CONTRACT TYPE
Contract Type: Lump Sum with Milestone/Progress Payments. Note: SCAG intends to pay upon task completion. However, firms may propose a payment schedule for SCAG’s consideration. Consultants must propose in United States currency and shall be paid with the same.
To provide broad guidance, SCAG estimates the project to be approximately $5,000,000. As a reminder, cost is still a significant factor in making our final selection.
Funding for this project is contingent upon availability of funds at the time of contract award.
VIII. PERIOD OF PERFORMANCE
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3 rev 01/07/22
IX. DBE PROGRAM
Not applicable.
X. SELECTION PROCESS
1. Proposals will be ranked in accordance with the criteria described in Attachments 3.
2. Proposers may or may not be invited for an interview.
3. SCAG does not reimburse proposers for any cost of proposal preparation (including but not limited to parking, printing, postage, travel, etc.), even in the event of RFP cancellation.
4. Communication between the proposer and any member of the Proposal Review Committee during the selection process is prohibited, except when and in the manner expressly authorized in this RFP. Violation of this restriction is grounds for disqualification.
5. SCAG shall award the contract for this RFP to the firm that it deems to have provided the best value to SCAG or the firm SCAG deems to be the best qualified for contract award (or both).
6. Every proposal submitted is considered a firm offer that must be valid for a minimum of ninety (90) calendar days.
7. All proposers should be aware of the Insurance Requirements for contract award. The Certificate of Insurance must be provided by the successful proposer prior to contract award. A contract may not be awarded if insurance requirements are not met. The insurance requirements may be viewed on SCAG’s website at: http://scag.ca.gov/business/ under Section 43 of SCAG’s Contract Template.
Endorsements for the following are necessary as a part of meeting the insurance requirements:
• Commercial General Liability
• Business Auto Liability
• Workers’ Compensation/Employer’s Liability
Endorsements shall include:
• Additional Insured
• Primary, Non-Contributory
• Waiver of Subrogation
• Notice of Cancellation
THE ENDORSEMENTS TO ALL OF THE POLICIES MUST BE ATTACHED TO THE CERTIFICATE OF INSURANCE.
8. The successful proposer will be required to sign SCAG’s standard Contract Template (available at http://scag.ca.gov/business/) in order to receive the contract award. Proposer must identify in their proposal the specific requested modification(s), if any, to the terms and conditions in SCAG’s Contract Template. Any request to modify the terms and conditions must also include an explanation or reason for the proposed change. If the proposer does not include the specific requested modification(s) along with the explanation or reason for the proposed change at the time they submit their proposal, #20..
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SCAG shall not consider, review, allow or accept any deviation from the terms and conditions of SCAG’s Contract Template. If SCAG is unable to negotiate final contract terms and conditions that are acceptable to SCAG, SCAG reserves the right to award the contract to another proposer.
Please be advised that, SCAG may only consider minor modifications that clarify clauses in its existing contract template, and shall not entertain making major/substantive changes to or removing any clause, specifically:
10. Invoicing for Payment
11. Invoicing Format and Content
15. Penalty
18. Work Products and Related Work Materials
19. Ownership, Confidentiality, and Use of Work Products
27. Indemnity
43. Insurance
CONTRACT LANGUAGE IS SUBJECT TO CHANGE BY SCAG PRIOR TO CONTRACT EXECUTION.
9. SCAG shall only award a contract to a offeror who SCAG determines has an adequate financial management and accounting system as required by 48 CFR Part 16.301-3, 2 CFR Part 200, and 48 CFR Part 31 or successors there to.
XI. SCAG RIGHTS
1. SCAG reserves the right to:
A. Disqualify any and all proposals that are not submitted in accordance with the required format described in this RFP;
B. Disqualify any and all proposals that don’t comply with SCAG’s Conflict of Interest Policy; C. Reject any and all proposals submitted;
D. Waive what SCAG deems to be a minor irregularity in a firm’s submission; E. Request additional information;
F. Award all or part of the work contemplated in this RFP; G. Remedy errors in the RFP;
H. Cancel the entire RFP;
I. Issue subsequent RFP;
J. Approve or reject the use of a particular subconsultant/supplier; K. Negotiate with any, all or none of the proposers. If SCAG is unable to negotiate final contract terms and conditions that are acceptable to SCAG, SCAG reserves the right to award the contract to another proposer;
L. Award a contract to other than the lowest priced proposal; M. Award a contract without interviews, discussions or negotiations; N. Award a contract to one or more proposers;
O. Only award a contract or any portion thereof to a firm that possesses a valid business license. Firms must possess the license from any city or state by the RFP due date. SCAG must be provided with a copy of this license, if requested; and P. Only award a contract or any portion thereof to a firm that passes any references checks.
2. If applicable, SCAG reserves the right to have software developed under SCAG’s contract, not incorporate proprietary and/or third party software components. This does not preclude the #20..
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development of deliverables which interface with commonly-available off-the-shelf software.
However, consultants must determine in advance whether SCAG already has, or is willing to procure, appropriate licenses for any proprietary and/or third party software that would be required. Consultants must also provide the impacts of any enhancements and upgrades.
SCAG will require delivery of documentation and source code for all electronic intellectual property developed under a SCAG contract prior to releasing final payment to the consultant.
XII. NOTIFICATION OF RIGHT TO PROTEST CONTRACT AWARD
Proposers have the right to protest the contract award in compliance with SCAG’s Policy on Contract Award Protests, which can be viewed online at SCAG internet home page www.scag.ca.gov under “Doing Business with SCAG.” A written protest must be filed with SCAG’s Executive Director, or designee (Chief Operating Officer or Deputy Executive Director) within five (5) working days after posting of the Notice of Intent to Award. SCAG will not accept any verbal protests. The protest must be a detailed, written statement of the protest grounds and reference the RFP number and name of the designated Contracts Administrator. The protest must be submitted to SCAG’s Executive Director or designee via certified mail using the following address:
Executive Director
Southern California Association of Governments
900 Wilshire Blvd, Suite 1700
Los Angeles, CA 90017-3435
The contract award is held up when SCAG’s Executive Director or designee receives the protest on time. The contract may not be awarded until the protest is either withdrawn or SCAG’s Executive Director or designee has rendered a decision. #20..
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Attachment 1
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PROPOSAL INFORMATION, ORGANIZATION, AND CONTENT
All proposals shall contain the following information, at a minimum:
1. TITLE PAGE
Provide the following on the Title Page:
RFP Number
Title of the Project
Name and Address of Firm
Phone Number of Firm - Do not include non-business (personal) phone numbers or address in as this information may become public under the California Public Records Act (see Attachment 9)
Prime Contact Person
Email Address of the Prime Contact Person
Signature of the Individual Authorized/Obligated to Commit the Firm to this Project Cover letter should be addressed to the attention of the Contract Administrator
2. TABLE OF CONTENTS
A clear identification of the materials by section and page numbers.
3. TECHNICAL APPROACH
A statement and discussion of the project objectives, concerns, and key issues. The technical approach for performing the tasks must include a detailed Scope of Work along with the process for executing the requirements and objectives of the project. A discussion of the difficulties expected or anticipated in performing the tasks, along with a discussion of how the consultant proposes to overcome or mitigate against those difficulties. A detailed schedule for completion of the work, including performance and delivery schedules indicating phases or segments of the project, milestones, and significant events. A statement of the extent to which the consultant’s proposed approach and Scope of Work will meet or exceed the stated objectives discussed in this RFP. Furthermore, a discussion of how the consultant would modify the project, and/or schedule to better meet these objectives.
4. LINE ITEM BUDGET (COST PROPOSAL)
Proposals must include a Line Item Budget in the format and detail shown in Attachment 4 (in United States currency). The same detailed budget is required of each subconsultant.
Upload your Cost Proposal as a separate Excel workbook file in PlanetBids (from the rest of your Technical Proposal) using the SCAG Line Item Budget PRIME Template available at SCAG’s Website http://scag.ca.gov/opportunities/Pages/BusinessWithSCAG.aspx. The workbook contains a pricing sheet that you must complete for the prime and any sub consultants. There is a separate tab for each sub-consultant.
5. PROFILE OF FIRM
A statement indicating if the firm is local or national and a summary of representative experience relevant to the work described in the Scope of Work for this RFP. The location and telephone number of the office from which the work is to be done. Identification of the individuals who will perform the work, including officers, project manager and key staff. State the time commitment and include resumes for key individuals. #20..
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Attachment 1
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Do not include social security numbers, non-business (personal) phone numbers or address in a resume as this information may become public under the California Public Records Act (see Attachment 9).
6. REFERENCES
Provide a list of at least three references, including the names of contact persons within the firms.
References should not include any SCAG staff or SCAG Regional Council Members.
7. REQUIRED FORMS
The Debarment and Suspension Certification (Attachment 5) must be fully completed by all parties to the proposal (prime and all subconsultants). The SCAG Conflict of Interest Form (Attachment 6) must be fully completed by all parties to the proposal (prime and all subconsultants).
All proposers must ensure that they have fully completed a Vendor Information Form (Attachment 8 - to be completed by the prime consultant and all sub-consultants). All proposers must fully complete the Notice Regarding California Public Records Act (Attachment 9) – regardless of whether or not proposer is requesting to exempt proposal from disclosure under the California Public Records Act.
The selected consultant may be required to complete a Federal Form W-9 (for payment purposes) which may also be obtained on-line at www.scag.ca.gov under “Doing Business with SCAG.” IMPORTANT NOTE:
The selected consultant (awardee) must be prepared to provide SCAG any of the following documents if requested:
Time Sheet (that must account for the total activity for which each employee is compensated not just SCAG time)
Payroll register
Indirect cost audit
U.S. federal tax return
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Attachment 3
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Scope of Work
Introduction
SCAG is soliciting proposal from a qualified transportation analytics Consultant (or Consultant Team) to provide a cloud-based platform that uses data collected from mobile devices and other sources to provide insights into historical and current travel behavior trends in the region. Through the proposed platform, SCAG and other regional partner agency staff will be able to analyze and evaluate emergent local and regional travel patterns using big data that infers trip origin and destination, trip purpose, trip distance, trip route, trip mode, travel time, speeds, and travel safety issues, in association with relevant built environment, demographics and socio-economics information. This RFP outlines the scope of work, tasks and deliverables, selection process, and documentation necessary to successfully bid on this project.
Background
SCAG is the Metropolitan Planning Organization (MPO) for the six-county region comprising Imperial, Los Angeles, Orange, Riverside, San Bernardino, and Ventura Counties. As the MPO and per federal and state statutes and mandates, SCAG has the responsibility to prepare a long-range transportation plan that facilitates the movement of people and goods throughout the region. And as the largest regional planning agency in the nation, SCAG provides supportive technical services to our regional partners through the availability of state-of-the-art strategic planning tools and data. SCAG also has the responsibility to identify and promote effective and pragmatic policies and planning strategies that serve to improve the regional multimodal transportation system and mitigate inherent challenges including climate resiliency, air quality degradation, travel safety, and the overall quality of life of residents. In response to this complex and multi-faceted mission, SCAG seeks to procure a web-based transportation analytics platform that provides the capacity to visualize and analyze locational travel patterns and trip characteristics from Location-Based Services (LBS), Global Positioning System (GPS), Connected vehicle data and other sources to support data-driven planning and decision-making by SCAG and its regional partners.
Overview
The selected Consultant or Consultant Team will be responsible for customizing and providing cloud-based analytic platform services that leverage existing big data resources including, but not limited to, geographic data from location-based services of mobile devices or smartphones that provide insights into the historical and current travel behavior patterns of residents. The Consultant or Consultant Team shall provide access to the platform and a perpetual license to the #20..
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Attachment 3
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anonymized/aggregated data for the contract period FY2022-FY2026 (through June 30, 2026), online training, and ongoing technical support and maintenance. Required platform capabilities and features are as follows:
Provide access to the platform and license to the underlying anonymized/aggregated data to an unlimited number of users at governmental agencies (including contractors conducting work on behalf of governmental agencies) and public universities designated by SCAG. Provide access to accumulated big data collected from a local sample population within the region that represents travel behaviors with data anonymized for privacy. Provide key metrics for use in planning and evaluating transportation projects and identifying travel behavior to and from specific transportation analysis zones (TAZ) in the region. Capability to query data based on origins and destinations, trip purpose, trip distance, trip time and date, volume by travel mode, mode split, trip routes, travel times, and travel speeds of key travel modes including personal and freight vehicles, transit, and active transportation travel modes. Capability to query data using designated geography boundaries, such as U.S. Census Tract, Block Group and TAZ, as well as by user defined geographic boundaries with query data saving feature(s) for future uses.
Provide historical data from at minimum 12 months prior to platform delivery and regular data update. Unlimited use of the platform’s analytical tools, as they are developed and available during the period of the contract license.
Capability to import and export spatial data such as ArcGIS shapefiles and export analyses in file formats such as Excel, CSV, and/or ASCII files, for SCAG usage during and after the project period. Proven ability to distinguish travel by modes and vehicle trips by Transportation Network Companies (TNC) from those of personal vehicle trips with valid documentation. Provide calibration/validation reports and statistics, such as confidence level, for all estimates. Capability to integrate local input data into the analysis and calibration processes.
Tasks and Deliverables
Task 1: Analytic Platform Items
The Consultant or Consultant Team shall coordinate with SCAG staff to identify use cases, metrics, and built-in features to augment project planning, engagement, and delivery processes. If available, the Consultant or Consultant Team shall provide access to existing transportation analytics platforms to SCAG and regional partner agency staff to obtain feedback on current functionality. #20..
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Attachment 3
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The Consultant or Consultant Team shall clarify that the below analytic features and capabilities indicated below are included as part of the provided platform. Core Transportation Analytics: Origin/Destination (O/D), Vehicle-Miles-Traveled (VMT), Link Based Travel Volume (Freeway to Arterials), Trip Purposes, Trip Types, Travel Modes, Complete Routing, Trip Duration
Traffic Analysis Data: Corridor Analysis, Travel Time/Speed/Distance/Circuity, Turning Movement Granular Traffic Count Data: Annual Average Daily Traffic (AADT), Annual Average Hourly Traffic (AAHT), Monthly Average Daily Traffic (MADT) on both freeways and major arterials. Project Time Period: Daily, Hourly, Time of Date, Historical Data Congestion Management: Segment Level Congestion, Travel Time/Speed/Distance/Circuity Truck Data: Break out of Light, Medium, Heavy Duty Truck Travel and different truck market types (Truckload, Less-than-Truckload, Over-the-Road, E-commerce/package delivery, local delivery, Regional, Drayage, Short-haul, etc.)
Real Time Speed Data: Segment/link level or Traffic Message Channel (TMC) level real time speed data dashboard or add-on real-time data functionality.
Turning Movement Count (TMC): Intersection TMC data with reasonable margin of error (approximately less than 5% of MOE).
Parking Data: Passenger and Truck Parking Location/Dwell Time Data, Real Time Data. Active Transportation Data: Transits, Bike and Pedestrian Travel Data, TNC Data. Alternative Fuel Related Data: Electric Vehicle (EV) Charging Station. Safety Performance Data: Incident Data, Crash Time, Crash Cause, Severity Data, Truck related Collision Data, Fatality Data, vulnerable road user data including bicycle and pedestrian collision data (including number and severity of casualties), and collision near-miss data (if available). Vehicle Speed Data: Speed data related to collisions to inform development of local safety plans. Vulnerable Road User Data: including pedestrians and bicyclists, from intentionally or negligently motor vehicle driver behavior resulting in injury or death.
Land Use Data: Jurisdictional Land Use Data, Industry Category Types. Demographics: Includes Disaggregated Population Data (Age, Race, Ethnicity, Education, Income, Vehicle Ownership, etc.).
Real-time travel behavior data: Capacity to capture real-time travel behavior data. #20..
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Attachment 3
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Annual or biannual reporting on mode share percentage of all trips at a county, census block, census track and city/neighborhood level for walking, biking, telework (the trip not taken), transit, carpool, car (single occupancy vehicle) and commercial truck movements.
Task 1 Deliverables:
List of major metrics for inclusion in the Web-based Planning Analytic Platform Task 2: Data Source and Methodology Documentation
The Consultant or Consultant Team shall identify existing data sources that can be integrated into the platform or used to validate the platform’s metrics. The Consultant or Consultant Team shall provide a general introductory report focused on initial development of the analytic platform and produce a revised scope of work based on its findings. The Consultant or Consultant Team shall include the following elements in the report:
Primary sources of the collected data (articulate data collection methodology). Validation of sample data (i.e., sample size number of providers, industry info for commercial trips etc.). Frequency with which data sources updated.
Methodology and approach to trip data normalization to ensure it is representative of regional travel patterns, including truck travel data.
Justification of algorithm and machine learning techniques used for individual metrics. Ability to distinguish travel mode by Personal Vehicle, Bike, Pedestrian, Transit, Air, Ferry, Commercial Vehicle (Truck), and others.
Ability to distinguish vehicle trips produced by Transportation Network Companies (TNC) from personal vehicle trips.
Description on how the platform serves to promote local and regional data-driven decision-making, implementation of local safety plans, development of High Injury Networks (HIN), collision hot spot analysis, and assessment of current and future transportation safety conditions.
Task 2 Deliverables:
Summary of Findings
Revised Scope of Work
Methodology Report for Analytic Platforms and its Modules (within first month of start of contract Notice To Proceed issuance).
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Attachment 3
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Task 3: Application Platform and Services
The Consultant or Consultant Team shall provide a software-as-a-service (SAAS) based big data transportation analytics platform and customize and load local data where applicable. The Consultant or Consultant Team shall ensure the platform is equipped with the required features and functionalities outlined in the scope of work. The issues/features below shall be provided by the platform. Availability of current platform and proven record of success with similar efforts. Ability to query data based on origins and destinations, trip purpose, trip distance, trip time and date, volume by travel mode, mode split, trip routes, travel times, travel speed, demographics, socioeconomics, and other features.
Ability to query data using standard geographies, such as U.S. Census Tract, Block Group, and Block boundaries, as well as by user-defined geographic boundaries (TAZ). Ability to capture external travel data (IX, XI, XX) with long-distance external trips. The capability to execute in-platform calibration with uploaded data sets. The capability to provide stable cloud-based platform service quality without high volume traffic interference.
The ability to integrate local input data into the analysis and calibration processes. Unlimited access to queries and analysis tools and created queries to be saved for future uses (minimum one year).
Provide user friendly interface (UI) and interactive visualizations. Import and export spatial data such as ArcGIS shapefiles and export analyses in file formats such as Excel, CSV, and/or ASCII, for SCAG usage during and after the project period. Exported product may be used in analysis and digital and printed map products by user. Platform/Consultant or Consultant Team has sufficient support resources including, but not limited to, support staff and easily accessible training and support materials to enable successful use of the product and data.
The platform shall be equipped to promote the access to, and use of, a wide range of travel safety data that may be used to facilitate local safety planning efforts, particularly relative to pedestrian and bicycle safety.
Task 3 Deliverables:
Transportation Analytics Platform and itemized analysis features.
Task 4: Analytic Result Evaluation and Validation
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Attachment 3
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The Consultant or Consultant Team shall verify that the functions and features of the platform are working as required by the scope of work. The Consultant or Consultant Team shall solicit feedback from SCAG and regional partner agency staff, and collaborate to update or modify the platform as necessary, including but not limited to:
Validation of data metrics and results.
Applicability of using metrics that result in relevant planning strategies and programs. Ease of access to the metrics and methodology for the user/customer. Up-to-date platform and module validation reporting.
Methodology validation detailing how data is collected, processed, updated, and shared. Protection strategy to ensure individual user privacy.
Task 4 Deliverables:
Quarterly reports on analytics platform updates and methodology/module validation.
Task 5: Technical Support and Maintenance
The Consultant or Consultant Team shall provide a minimum of 12 online training sessions for SCAG and partner agency staff during the contract period three (3) sessions per year, and a minimum 80 hours of on and off-line technical support per year. The Consultant or Consultant Team shall also provide unlimited technical support by email, telephone, and web-meetings at the request of users.
The consultant should describe support offerings available for its application and any associated products. It should outline service levels, as well as contractually defined response and resolution times for each service level. In addition, it should provide copies and descriptions of all warranties associated with the proposed application.
Task 5 Deliverables:
Provision of minimum three (3) online training sessions per year Minimum 80 hours of on and off-line technical support per year Needed technical support by email, telephone, and web meetings. Development of an easy-to-understand user guide describing platform functions, analytical capabilities, and available data resources.
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Attachment 3
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Description of support offerings available with outline of service levels, as well as contractually defined response and resolution times for each service level.
Copies and descriptions of all warranties associated with the proposed application. #20..
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Attachment 3
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Evaluation Criteria
Max. Possible
Points
TECHNICAL APPROACH
Demonstrates a clear understanding of project objectives Tasks & approach clearly described
Creative/innovative approach
Proposed methodology is reasonable
Provided platform perform tasks flawlessly and ready to use Platform/data integration plan in case of consortium
35 CONSULTANT FIRMS:
Knowledge/experience working with multiple MPOs or agencies Experience with providing planning analytic platform
Experience with consortium of multiple firms to deliver comprehensive services Capability to reallocate resources as needed to meet project deliverables 20 PROJECT MANAGEMENT
Knowledge/experience of the project manager
Effective quality control measures/program
Capability to track and maintain the budget/schedule
Capability to work with multiple firms in case of consortium to provide quality services and schedule
15 PROJECT COST
Realistic cost for services to be performed
Allocation of cost to tasks & services
Reasonable project cost distribution among participating firms in case of consortium 30 REFERENCES
Similar projects completed on time and within budget Pass/Fail TOTAL 100
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Attachment 4
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LINE ITEM BUDGET (Cost Proposal) INSTRUCTIONS
1. SCAG uses the Line Item Budget to assess the fairness and reasonableness of a proposer’s costs. Once SCAG awards a contract, the negotiated Line Item Budget serves as the basis for reimbursing the proposer (includes Cost Plus as well as Lump Sum contracts).
2. SCAG shall only award a contract to a offeror who SCAG determines has an adequate financial management and accounting system as required by 48 CFR Part 16.301-3, 49 CFR Part 18, and 48 CFR Part 31 200 or successors thereto.
3. All proposers must submit a Line Item Budget using the exact format shown on the following page, or may risk having their proposal disqualified. Further, a Line Item Budget must be submitted for each subconsultant regardless of dollar value of the subcontract in the Excel workbook. There is a separate tab for each sub-consultant in the workbook.
Upload your Cost Proposal as a separate Excel workbook file in PlanetBids (from the rest of your Technical Proposal) using the SCAG Line Item Budget PRIME Template available at SCAG’s Website http://scag.ca.gov/opportunities/Pages/BusinessWithSCAG.aspx.
Disclaimer – Each proposer is responsible for all mathematical calculations and information provided on the Line Item Budget template.
4. Many items that may be normal business costs and tax deductible may not be allowable under Federal and State contract rules (e.g., dues, advertising, contributions, bad debts, interest expense, meals, and entertainment). For a complete listing, see 48 CFR Part 31 and 2 CFR Part 200 or successors thereto.
All costs must be allowable and consistent with Federal cost principles under 2 CFR Part 200 or successors thereto. Please be aware that the cost-plus-a-percentage-of-cost bid/offer method, where the proposer’s profit is a percentage of the reimbursed costs on a project, is not allowed under Federal rules.
Also, contingency fees are not allowed.
5. Costs shall be structured as follows:
A. Direct Labor:
Direct labor, overhead, and fringe benefits must be shown as separate dollar amounts (United States currency) in the Line Item Budget. Prior to contract award, proposer (awardee) must substantiate the rate (i.e., with payroll register or similar, or U.S. federal tax return…) if SCAG requests it. Only include employees (i.e., staff that you will issue a W-2 to). Do not include sub-consultants in your Direct Labor (or Overhead, Fee and Other Direct Costs). Include all cost for sub-consultants under the Sub-consultants category. Identify Key Personnel by both name and title (e.g., Mary Smith, Sr. Planner). Place an asterisk (*) next to the name(s) of any Key Personnel. Other professional or support/administrative staff may be identified by title only. The labor rate quoted for each position in the Line Item Budget must be the maximum rate that is expected to be paid during the term of the contract, inclusive of any rate increase (e.g. merit, cost-of-living, etc.). If SCAG awards a Cost Plus Fixed Fee contract, SCAG will only pay the selected consultant the actual rate paid to the person in a position, and all rates must be traceable to and supported by payroll records.
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Attachment 4
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Note: For Lump Sum (LS) contracts, SCAG uses the labor and overhead rates quoted in the proposer’s Line Item Budget to evaluate the proposed price for each task and cumulatively. Once SCAG has negotiated a final Line Item Budget, during the life of the contract, SCAG intends to pay the selected consultant upon completion of each task (unless otherwise agreed to), regardless of the actual cost to complete the task, provided the cost is allowable and allocable, and complies with federal rules and regulations.
B. Overhead:
The overhead rate quoted must be the rate that is expected for each Fiscal Year during the life of the contract. Prior to contract award, proposer (awardee) must substantiate the rate (i.e., with an indirect cost audit or U.S. federal tax return…) if SCAG requests it.
C. Fixed Fee:
Fee/Profit is calculated on Direct Labor, Overhead and Fringe Benefits only, not on Subconsultants or Other Direct Costs. Prior to contract award, proposer (awardee) must substantiate the fee if SCAG requests it.
D. Other Direct Costs (ODCs):
ODCs must be fully substantiated prior to contract award. If the contract is subject to a preaward review (see bullet 6 below), SCAG will review support for ODCs similar to that done for Direct Labor, Overhead, and Fringe Benefits. If SCAG awards a Cost Plus Fixed Fee contract, during the life of the contract, SCAG will require back-up documentation with the monthly invoices to substantiate ODCs.
All travel costs must be reasonable, and are limited to those rates stated under California’s State Department of Personnel Administration rules, (subject to change) posted at:
http://www.dot.ca.gov/hq/asc/travel/ch12/1consultant.htm, or successors thereto.
E. Subconsultants:
Identify the Direct Labor, Overhead, Fixed Fee and ODCs in the same format as for the Prime.
6. SCAG’s Pre-award Review Requirements are as follows:
Contracts less than $250,000 may require a pre-award review; those at $250,000 or more will require a pre-award review. SCAG’s pre-award review requirements are available at http://www.scag.ca.gov/opportunities/Pages/BusinessWithSCAG.aspx. The selected consultant (awardee) must be prepared to provide an indirect cost audit or U.S. federal tax return, if SCAG requests.
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Attachment 4
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LINE ITEM BUDGET
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Attachment 5
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TITLE 49, CODE OF FEDERAL REGULATIONS, PART 29
DEBARMENT AND SUSPENSION CERTIFICATION
RFP No. 23-018
1) All persons or firms, including subconsultants, must complete this certification and certify, under penalty of perjury, that, except as noted below, he/she or any person associated therewith in the capacity of owner, partner, director, officer, or manager:
a) Are not presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from covered transactions by any federal department or agency; b) Have not, within the three (3) year period preceding this certification, been convicted of or had a civil judgment rendered against them for commission of fraud or a criminal offense in connection with obtaining, attempting to obtain, or performing a public (federal, state, or local) transaction or contract under a public transaction, violation of Federal or state antitrust statutes, or commission of embezzlement, theft, forgery, bribery, falsification or destruction of records, making false statements, or receiving stolen property;
c) Are not presently indicted for or otherwise criminally or civilly charged by a governmental entity (federal, state, or local) with commission of any of the offenses listed in subparagraph (1)(b) of this certification; and
d) Have not, within the three (3) year period preceding this certification, had one or more public transactions (Federal, state, and local) terminated for cause or default. 2) If such persons or firms later become aware of any information contradicting the statements of paragraph (1), they will promptly provide that information to SCAG.
If there are any exceptions to this certification, insert the exceptions in the following space.
Exceptions will not necessarily result in denial of award, but will be considered in determining proposer/bidder responsibility. For any exception noted above, indicate below to whom it applies, initiating agency, and dates of actions. _________________________________
Name of Firm
_________________________________
Signature (original signature required)
_________________________________
Date
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Attachment 6
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SCAG CONFLICT OF INTEREST FORM
RFP No. 23-018
RFP No./Contract No.
SECTION I: INSTRUCTIONS
All persons or firms seeking contracts must complete and submit a SCAG Conflict of Interest Form along with the proposal. This requirement also applies to any proposed subconsultant(s). Failure to comply with this requirement may cause your proposal to be declared non-responsive.
In order to answer the questions contained in this form, please review SCAG’s Conflict of Interest Policy, the list of SCAG employees, and the list of SCAG’s Regional Council members. All three documents can be viewed online at https://scag.ca.gov. The SCAG Conflict of Interest Policy is located under “GET INVOLVED”, then “Contract & Vendor Opportunities” and scroll down under the “Vendor Contracts Documents” tab; whereas the SCAG staff may be found under “ABOUT US” then “OUR TEAM" then "Employee Directory”; and Regional Council members can be found under “MEETINGS”, then scroll down to “LEADERSHIP” then select "REGIONAL COUNCIL" on the left side of the page and click on “Regional Council Officers and Member List.” Any questions regarding the information required to be disclosed in this form should be directed to SCAG’s Legal Division, especially if you answer “yes” to any question in this form, as doing so MAY also disqualify your firm from submitting an offer on this proposal Name of Firm:
Name of Preparer:
Project Title:
RFP Number: Date Submitted:
SECTION II: QUESTIONS
1. During the last twelve (12) months, has your firm provided a source of income to employees of SCAG or members of the SCAG Regional Council, or have any employees or Regional Council members held any investment (including real property) in your firm? YES NO
If “yes,” please list the names of those SCAG employees and/or SCAG Regional Council members and the nature of the financial interest:
Name Nature of Financial Interest
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Attachment 6
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2. Have you or any members of your firm been an employee of SCAG or served as a member of the SCAG Regional Council within the last twelve (12) months? YES NO
If “yes,” please list name, position, and dates of service:
Name Position Dates of Service
3. Are you or any managers, partners, or officers of your firm related by blood or marriage/domestic partnership to an employee of SCAG or member of the SCAG Regional Council that is considering your proposal?
YES NO
If “yes,” please list name and the nature of the relationship:
Name Relationship
4. Does an employee of SCAG or a member of the SCAG Regional Council hold a position at your firm as a director, officer, partner, trustee, employee, or any position of management? YES NO
If “yes,” please list name and the nature of the relationship:
Name Relationship
#20..
- 851 -
Attachment 6
22 rev 07/24/20
5. Have you or any managers, partners, or officers of your firm ever given (directly or indirectly), or offered to give on behalf of another or through another person, campaign contributions or gifts to any current employee of SCAG or member of the SCAG Regional Council (including contributions to a political committee created by or on behalf of a member/candidate)? YES NO
If “yes,” please list name, date gift or contribution was given/offered, and dollar value:
Name Date Dollar Value
SECTION III: VALIDATION STATEMENT
This Validation Statement must be completed and signed by at least one General Partner, Owner, Principal, or Officer authorized to legally commit the proposer.
DECLARATION
I, (printed full name) _________________________________, hereby declare that I am the (position or title) ______________________________ of (firm name) ______________________________, and that I am duly authorized to execute this Validation Statement on behalf of this entity. I hereby state that this SCAG Conflict of Interest Form dated ___________________ is correct and current as submitted.
I acknowledge that any false, deceptive, or fraudulent statements on this Validation Statement will result in rejection of my contract proposal.
Signature of Person Certifying for Proposer
(original signature required)
Date
NOTICE
A material false statement, omission, or fraudulent inducement made in connection with this SCAG Conflict of Interest Form is sufficient cause for rejection of the contract proposal or revocation of a prior contract award.
#20..
- 852 -
Attachment 7
Vendor Information
(to be completed by the prime consultant and all sub-consultants) 23 rev 07/24/20
SECTION 1. GENERAL CONTACT INFORMATION
Primary Contact
Title
Telephone No. Fax No.
E-mail Address
Company Website Address
SECTION 2. REMITTANCE ADDRESS (IF DIFFERENT FROM FORM W-9) Company Name
Address
City State Zip Code
Telephone No. Fax No.
SECTION 3 PROPOSER’S/BIDDER’S LIST INFORMATION (REQUIRED) Is your firm a Disadvantaged
Business Enterprise (DBE)? Yes No
As defined in Title 49 Part 26.11 of the Code of Federal Regulations, complete the required information below regardless of whether your firm is a DBE or non-DBE:
Age of Firm:
Annual Gross Receipts (select one):
Less than $1 Million $5 Million – $10 Million $15 Million – $17.4 Million $1 Million – $ 5 Million $10 Million – $15 Million $17.4 Million + A COPY OF THE FIRMS DBE CERTIFICATION MUST BE PROVIDED TO QUALIFY AS A DBE.
For vendors located within the Southern California region, certification must be from one of the agencies listed below.
CALIFORNIA DEPARTMENT OF TRANSPORTATION (CALTRANS)
Civil Rights MS 79, 1823 14th Street ,Sacramento, CA 95814 Phone: (916) 324-1700 or (866) 810-6346, Fax: (916) 324-1862, website: caltrans.ca.gov
CITY OF LOS ANGELES
Office of Contract Compliance, Centralized Certification 1149 S. Broadway Street, Suite 300, Los Angeles, CA 90015 Phone:(213) 847-6480, Fax: (213) 847-5566, website: bca.lacity.org
LOS ANGELES COUNTY METROPOLITAN TRANSPORTATION AUTHORITY (METRO) Diversity and Economic Opportunity Department
One Gateway Plaza, Los Angeles, CA 90012
Phone: (213) 922-2600, Fax: (213) 922-7660, website: mta.net If you believe you qualify as a DBE but are not certified, you may want to contact one of the certifying agencies listed at http://californiaucp.org/ to initiate the certification process. #20..
- 853 -
Attachment 7
24 rev 07/24/20
SECTION 4. COMMODITY CODE
Check all boxes of the commodity codes that apply to your company’s particular areas of expertise.
General Goods & Services
NIGP DESCRIPTION NIGP DESCRIPTION NIGP DESCRIPTION 60001 Painters 60204 Telecommunications 60720 Paper, Fine 60007 Electrical 60233 Appliances 60730 Trophies & Awards 60008 Plumbing 60400 Audio Visual Equipment 60863 Temporary Staffing 60009 Small General Contractors 60401 Audio Visual Supplies 60875 Registrations (Training/Seminars) 60016 Security Systems 60402 Video Equipment 61000 Office Supplies 60017 H V A C Contractors 60545 Moving & Storage 90640 Graphic Design Services 60030 Sound Systems & Electronics 60637 Lease – Equipment 90640.1 Image Setting 60102 Postage & Courier Services 60637.1 Lease – Building 90640.2 Premium/Promotional Items 60102.1 Postage Machines 60638 Maintenance Agreement 96600 Printing & Related Services 60104 Memberships(Professional) 60640 Copiers/Mimeo/Dupl. 96115 Catering & Concessions 60105 Subscriptions (Periodicals) 60670 Furniture – Office 96115.1 Coffee & Tea Services 60200 Computer Hardware 60700 Typewriters & Supplies 96115.2 Bottled Water 60201 Computer Software 60701 Office Machines 96618 Copying/Reproduction Services 60202 Computer Supplies 60702 Office Machine Supplies 91528 Mailing Services & Electronic Info. 60203 Computer Services 60710 Stationary Supplies
Other
Professional/Consulting Services
NIGP DESCRIPTION NIGP DESCRIPTION NIGP DESCRIPTION 60012 Architects, Engineer 91840 Employee Benefits Consulting 91892.1 Growth Visioning Planning 90868 Project Management 91843 Environmental Consulting 91893 Security/Safety Consulting 91804 Accounting/Auditing/Budgeting 91846 Feasibility Studies 91894 Traffic Consulting 91804.1 Organizational, Financial, & Performance
Audits/Project Management Services
91849 Finance/Economic Consulting 91895 Telecommunications Consulting 91858 Government Consulting 91896 Transportation Planning Consulting 91806 Administrative Consulting 91858.1 Government Relations 91896.1 Highway Corridor Analysis 91806.1 Administrative Services 91858.2 Institutional Analysis 91896.2 Rail Planning & Analysis 91812 Modeling-Analytical Studies & Surveys 91863 Housing Consulting 91896.3 Transit & Non-motorized Planning & Analysis 91812.1 Survey and Data Collection 91865 Human Relations Consulting 91812.2 Travel Demand Model Improvement 91866 Human Resources Consulting 91896.4 Transportation Management & Coordination 91812.3 Geographic Information System 91866.1 Executive Search 91812.4 Software Support for Studies & Surveys 91866.2 Insurance Broker Services 91896.5 Truck Lane Analysis/GoodsMovement
91812.5 Regional Data Systems 91874 Legal Consulting 91896.6 Transportation Financing 91817 Aviation Consulting 91874.1 Legislative Services 91896.7 Transportation & Economic Development
91826 Communications: Public Relations
Consulting
91874.2 Alternative Dispute Resolution 91896.8 Transportation Investment Analysis 91828 Computer Hardware Consulting 91875 Management Consulting 91896.9 Transportation Modeling Support 91828.1 Computer Service Center 91875.1 Organization & Staff Development 91897 Gas, Water, Electric Consulting 91829 Computer Software Consulting 91876 Marketing Consulting 91897.1 Air Quality Planning & Modeling 91829.1 Information Systems 91876.1 Social Economic Impact Analysis 91897.2 Water Supply Analysis 91829.2 Unix Systems Support 91876.2 Social Justice/Equity Analysis 96175 Translation Services 91829.3 Macintosh Computer Technical Support 91879 Minority & Small Business Consulting 91892 Urban Planning Consulting 91837 Economy Analysis Consulting 91883 Organizational Development Consulting 91838 Education & Training Consulting 91885 Personnel/Employment Consulting Other
SECTION 5. F O R M SUBMISSION
Include this form in your proposal
#20..
- 854 -
Attachment 8
25 rev 07/24/20
Notice Regarding California Public Records Act
Section ❶ - Summary
A proposal submitted in response to this RFP will be subject to public disclosure pursuant to the California Public Records Act, Cal. Gov. Code section 6250 et. seq., (the “Act”). The Act provides generally that all records relating to a public agency's business are open to public inspection and copying, unless specifically exempt from public disclosure under one of several exemptions set forth in the Act. If you believe that any portion of your proposal is exempt from disclosure under the California Public Records Act, you must: 1). Mark such portion “TRADE SECRET,” “CONFIDENTIAL,” or “PROPRIETARY,” within your proposal; 2). Complete Section ❷ below, and 3). Include this Attachment 9 in your submittal, or your proposal will be subject to public disclosure under the Act. Proposals marked “TRADE SECRET,” “CONFIDENTIAL,” OR “PROPRIETARY” in their entirety will not be honored, and SCAG will not deny public disclosure of proposals so marked. By submitting a proposal with specific material marked “TRADE SECRET,” “CONFIDENTIAL,” or “PROPRIETARY,” you represent you have a good faith belief that the material is exempt from disclosure under the Act; however, such designations will not necessarily be conclusive. You may be required to further justify in writing why such material should not, upon request, be disclosed by SCAG under the Act. Fee and pricing proposals are not considered “TRADE SECRETS”, “CONFIDENTIAL”, or “PROPRIETARY”.
If SCAG denies disclosure, then by submitting your proposal you agree to reimburse SCAG for, and to indemnify, defend, and hold harmless SCAG, its officers, fiduciaries, employees, and agents from and against any and all claims, damages, losses, liabilities, suits, judgments, fines, penalties, costs, and expenses including, without limitation, attorneys' fees, expenses and court costs of any nature whatsoever (collectively, “Claims”) arising from, in connection with, or relating to SCAG’s non-disclosure. By submitting your proposal, you also agree to defend, indemnify, and hold harmless SCAG from and against any and all Claims arising from, in connection with, or relating to SCAG’s public disclosure of any such designated portions of your proposal if SCAG reasonably determines disclosure is deemed required by law, or if disclosure is ordered by a court of competent jurisdiction.
Section ❷ - Exemption Request
Page Number of
Proposal Brief Explanation for the Exemption Under the Act and any Other Comments
Attach additional pages as necessary
Check here if proposer claims no exemption
Signature: ______________________________________________ Date: ____________________ #20..
- 855 -
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#20.. - 929 -
CITY OF MODESTO
COUNCIL AGENDA REPORT
DATE OF MEETING:
September 10, 2024
Date: August 19, 2024
TO: Mayor and City Council
THROUGH: Joseph P. Lopez, City Manager
FROM: Jeremy Rogers, Director of Parks, Recreation and Neighborhoods Department SUBJECT: Award Construction Contract for César E. Chávez Park Renovation Project CONTACT: Nathan Houx, Parks Planning and Development Manager, [email protected], 209-571-5526
DESCRIPTION:
Consider approving the Plans and Specifications for César E. Chávez Park Renovation Project, accepting the Bid and Awarding a Construction Contract to Harris Builders, Inc. of Hilmar, CA., in the amount of $14,130,993 authorizing $847,860 for contingency (if needed), for a total payment amount not to exceed $14,978,853. (Funding Source: CA Statewide Parks Grant (Prop 68), American Rescue Plan Act (ARPA), Measure H, Parks Capital Facility Funds (CFF)) STRATEGIC PLAN ELEMENT:
This item is consistent with the following 2020-2025 Strategic Plan Area of Focus: Quality of Life and Governance and Service Delivery.
BACKGROUND:
Proposition 68 (2018 Bond Act) originated as Senate Bill 5, also known as The California Drought, Water, Parks, Climate, Coastal Protection, and Outdoor Access for All Act of 2018, was passed by the voters in June of 2018. Proposition 68 authorized $4 billion in general obligation bonds for state and local parks, environmental protection and restoration projects, water infrastructure projects, and flood protection projects. The funding generated by the bonds was distributed to various state agencies to use or to administer grants to local agencies. One such program is the Statewide Park Development and Community Revitalization Program administered by California State Department of Parks and Recreation. This is a competitive program that focuses on creating new parks and recreation opportunities in critically underserved communities across California. The California State Department of Parks and Recreation received approximately $650 million in funding from Proposition 68 for this program and awarded grants totaling $250 million in round three of funding.
On July 9, 2019, by Resolution No. 2019-333, Council authorized staff to move forward with the submission of a grant application for the renovation of César E. Chávez Park and authorized the City Manager to accept the grant award on behalf of the City. On February 20, 2020, staff received notification from the California State Department of Parks and Recreation that the #21..
- 930 -
City Council, September 10, 2024
Award Construction Contract for César E. Chávez Park Renovation Project