Web-Based_Performance_Measurement_Software_as_a_Service_(SaaS)_License_(Addendum_#1_Revision).pdf

CITY OF TUCSON

REQUEST FOR PROPOSAL

226033

WEB-BASED PERFORMANCE MEASUREMENT SOFTWARE AS A

SERVICE (SAAS) LICENSE

Due Date: Thursday, April 7, 2022

City of Tucson

255 W Alameda St

Tucson, AZ 85701

Procurement portal https://secure.procurenow.com/portal/tucson-az

Public Portal https://secure.procurenow.com/portal/tucson-az/projects/18194

PUBLISH DATE: March 17, 2022 https://secure.procurenow.com/portal/%7Bproject.government.code%7D https://secure.procurenow.com/portal/%7Bproject.government.code%7D/projects/%7Bproject.id%7D https://secure.procurenow.com/portal/%7Bproject.government.code%7D/projects/%7Bproject.id%7D

CITY OF TUCSON REQUEST FOR PROPOSAL NO. 226033

BUSINESS SERVICES DEPARTMENT Page 2 of 39 SHARED SERVICES PROCUREMENT DIVISION RESPONSIBLE CONTRACT OFFICER: Tracy Garcia

255 W. ALAMEDA, 6TH FLOOR, TUCSON, AZ 85701 PH: (520) 837-4114

Attachments:

A - OFFER AND ACCEPTANCE

F - 226033 Attachment F - COT FTA Language

BUSINESS SERVICES DEPARTMENT Page 3 of 39

A. NOTICE

A.1. CITY OF TUCSON

NOTICE OF REQUEST FOR PROPOSAL NO 226033

TITLE: Web-Based Performance Measurement Software as a Service (SaaS) License

SUBMITTAL DUE DATE: Thursday, April 7, 2022 AT 2:00 P.M. LOCAL AZ TIME

PRE-SUBMITTAL CONFERENCE DATE: Tuesday, March 22, 2022

TIME: 9:30 am LOCAL AZ TIME

LOCATION: https://teams.microsoft.com/l/meetup-join/19%3ameeting_MzIyYjMxMjItOGFiNC00ZWQ0LWFhNDAtYzYyY2YzNWYyYzI2%40thread.v2/0 ?context=%7b%22Tid%22%3a%22d21e59ec-c208-43eb-aaf1-cf06d9a196e0%22%2c%22Oid%22%3a%222762af1b-3dac-4e48-a411-0268c7c615c0%22%7d

QUESTIONS SHALL BE DIRECTED TO: Tracy Garcia

(520) 837-4114 tracy.garcia@tucsonaz.gov

Posted Date: Thursday, March 17, 2022

Competitive sealed offers for the material or service specified in this solicitation must be submitted through the City’s online bidding system. No late submitted offer will be accepted or considered.

Reponses submitted in physical form or by facsimile or email will not be considered. Offerors are cautioned to commence the submittal process sufficiently ahead of time to allow for unanticipated delays resulting from things like a slow internet connection, internet outage, difficulty uploading large documents, differing system requirements, etc.

Questions about this solicitation must be addressed to the responsible Contract Officer listed herein.

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B. INTRODUCTION

B.1. Summary

The City of Tucson, Arizona (herein referred to as the “City”) is seeking proposals for a web-based performance measurement software as a service product solution equivalent to Swiftly Insights Modules or approved equal that will continuously and comprehensively analyze the reliability of the Sun Tran system with the goal of improving its on-time performance through adjustments to schedules and layover recovery. The software should enable Sun Tran (Fixed Route Bus) and Sun Link (Streetcar), herein referred to as “Sun Tran”, Planning and Scheduling staff to identify specific issues with existing schedules, make recommendations, rebuild schedules, and implement changes on a quarterly basis during operator sign-ups.

Sun Tran desires to be able to quickly analyze significant amounts of data and visualize this data clearly to facilitate decision making and schedule building. The ideal product is one which, without customization, can perform these functions in a very short timeframe.

• Data to be visually available in intuitive easy to understand charts and graphs with minimal processing by transit scheduling, planning, and operations staff.

• Ability to analyze where to make improvements that will benefit the greatest number of riders, shifting away from anecdotal data and manual counts to a data source that internal and external stakeholders can trust.

• Ability to drill down beyond the corridor level and pinpoint where changes should be made at the stop, block, and intersection level. Review routes and operations at a point-to-point level in addition to the traditional timepoint to timepoint.

This contract may be funded by the Federal Transit Administration (FTA) and is subject to the FTA terms and conditions included in this Attachment F to this solicitation. These terms and conditions cannot be modified or negotiated. By submitting a proposal, Proposers must agree to abide by the FTA terms and conditions included. Proposers must submit all required certificates with their proposal submittal. Failure to do so may result in rejection of proposal.

Any manufacturer's names, trade names, brand names or catalog numbers used in the solicitation are for the purpose of describing and/or establishing the quality, design and performance required. Any such reference is not intended to limit or restrict any proposal/offer by any vendor but is listed in order to advise potential proposers/offerors of the requirements of the City. Any proposal/offer which proposes like quality, design or performance will be considered.

B.2. Contact Information

Tracy Garcia Senior Contract Officer Email: tracy.garcia@tucsonaz.gov Phone: (520) 837-4114 Department:

Business Services mailto:tracy.garcia@tucsonaz.gov tel:(520)837-4114

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B.3. Timeline

BUSINESS SERVICES DEPARTMENT Page 6 of 39

Release Project Date March 17, 2022

Pre-Proposal Meeting (Non- Mandatory)

March 22, 2022, 9:30amhttps://teams.microsoft.com/l/meetup-join/19%3ameeting_MzIyYjMxMjItOGFiNC00Z WQ0LWFhNDAtYzYyY2YzNWYyYzI2%40threa d.v2/0?context=%7b%22Tid%22%3a%22d21e 59ec-c208-43eb-aaf1-cf06d9a196e0%22%2c%22Oid%22%3a%2227 62af1b-3dac-4e48-a411- 0268c7c615c0%22%7d

Proposal Submission Deadline April 7, 2022, 2:00pm https://teams.microsoft.com/l/meetup-join/19%3ameeting_MzIyYjMxMjItOGFiNC00ZWQ0LWFhNDAtYzYyY2YzNWYyYzI2%40thread.v2/0?context=%7b%22Tid%22%3a%22d21e59ec-c208-43eb-aaf1-cf06d9a196e0%22%2c%22Oid%22%3a%222762af1b-3dac-4e48-a411-0268c7c615c0%22%7d https://teams.microsoft.com/l/meetup-join/19%3ameeting_MzIyYjMxMjItOGFiNC00ZWQ0LWFhNDAtYzYyY2YzNWYyYzI2%40thread.v2/0?context=%7b%22Tid%22%3a%22d21e59ec-c208-43eb-aaf1-cf06d9a196e0%22%2c%22Oid%22%3a%222762af1b-3dac-4e48-a411-0268c7c615c0%22%7d https://teams.microsoft.com/l/meetup-join/19%3ameeting_MzIyYjMxMjItOGFiNC00ZWQ0LWFhNDAtYzYyY2YzNWYyYzI2%40thread.v2/0?context=%7b%22Tid%22%3a%22d21e59ec-c208-43eb-aaf1-cf06d9a196e0%22%2c%22Oid%22%3a%222762af1b-3dac-4e48-a411-0268c7c615c0%22%7d https://teams.microsoft.com/l/meetup-join/19%3ameeting_MzIyYjMxMjItOGFiNC00ZWQ0LWFhNDAtYzYyY2YzNWYyYzI2%40thread.v2/0?context=%7b%22Tid%22%3a%22d21e59ec-c208-43eb-aaf1-cf06d9a196e0%22%2c%22Oid%22%3a%222762af1b-3dac-4e48-a411-0268c7c615c0%22%7d https://teams.microsoft.com/l/meetup-join/19%3ameeting_MzIyYjMxMjItOGFiNC00ZWQ0LWFhNDAtYzYyY2YzNWYyYzI2%40thread.v2/0?context=%7b%22Tid%22%3a%22d21e59ec-c208-43eb-aaf1-cf06d9a196e0%22%2c%22Oid%22%3a%222762af1b-3dac-4e48-a411-0268c7c615c0%22%7d https://teams.microsoft.com/l/meetup-join/19%3ameeting_MzIyYjMxMjItOGFiNC00ZWQ0LWFhNDAtYzYyY2YzNWYyYzI2%40thread.v2/0?context=%7b%22Tid%22%3a%22d21e59ec-c208-43eb-aaf1-cf06d9a196e0%22%2c%22Oid%22%3a%222762af1b-3dac-4e48-a411-0268c7c615c0%22%7d https://teams.microsoft.com/l/meetup-join/19%3ameeting_MzIyYjMxMjItOGFiNC00ZWQ0LWFhNDAtYzYyY2YzNWYyYzI2%40thread.v2/0?context=%7b%22Tid%22%3a%22d21e59ec-c208-43eb-aaf1-cf06d9a196e0%22%2c%22Oid%22%3a%222762af1b-3dac-4e48-a411-0268c7c615c0%22%7d https://teams.microsoft.com/l/meetup-join/19%3ameeting_MzIyYjMxMjItOGFiNC00ZWQ0LWFhNDAtYzYyY2YzNWYyYzI2%40thread.v2/0?context=%7b%22Tid%22%3a%22d21e59ec-c208-43eb-aaf1-cf06d9a196e0%22%2c%22Oid%22%3a%222762af1b-3dac-4e48-a411-0268c7c615c0%22%7d

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C. SCOPE OF WORK

C.1. Software

The successful proposer will work with Sun Tran and the City to implement and maintain a web-based software as a service (SAAS) platform that is commercially available “off-the-shelf” solution and will continually collect and analyze General Transit Feed Specification Real Time (GTFS-RT) format data, presenting it in a simple, easy-to-use interface with the following functionality:

A. Easy-to-use dashboard and information, quick return when searching past information, color coding in Legend and clear and legible route lines and stops.

B. Solution should be able to provide ongoing calibration with Sun Tran to continually refine the accuracy of the data reported.

C. The platform must generate and store data attributes, such as on-time performance, actual headways, and scheduled headways, not just when a vehicle is at a timepoint stop.

D. The software must accept and compare the GTFS-RT data with written schedules showing on-time, early and late arrivals and departures at the trip, route, and system-wide level. Validate scheduled run-times by quickly seeing which route segments take longer or shorter than what the schedule dictates. Additionally, get suggested run-times and schedule improvements based on historical data.

E. The software product solution will work with the City and Sun Tran on any necessary Application Programming Interface (API) to extract the system data needed for operator information.

F. Run usage summary and user statistics. Access on-time performance for every operator by route, trip, and stop. Provide stakeholders with data to assist in resolution and separation of performance issues from scheduling issues with intuitive visuals of earlies, late, and layovers.

G. The data must be exportable into a tabular format for analysis and/or schedule-building purposes.

H. With the focus on reliability, the software must analyze run times and break those run times into dwell time and congestion-related delays and allow for the user to review these at the trip, route, and system-wide level. Allowing the user to immediately review on-time performance metrics for any route in the network and pinpoint where performance issues arise to identify which routes, trips, and stops impact on-time performance most.

I. The software must separate run times and schedule adherence into distribution graphs allowing the user to see trends and outliers of the historical data, creating reports for overall transit system on-time performance, and running time analysis.

1. Show overall system performance

a. By route

b. trip-level running times for a route

c. By stop along a route

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d. By distribution of how early and how late

2. Enable users to easily compare actual trip running time relative to scheduled running time and next trip start time

a. Allow running times to be analyzed stop by stop for a given trip, including delay attribution by stop based on dwell and travel times

b. Provide suggestions for optimal running times based on specified performance metrics and historical data selected by the user

c. Enable instant visual comparison of running times over specified date and time ranges

3. Provide vehicle speed analytics

a. View a vehicle speed heatmap detailing route level speed between each stop

b. Display dwell time for each stop

c. Detect specific corridors, segments, or intersections with lower than desired vehicle speeds

4. In tabular format organized by schedule.

J. The software must create intuitive visualizations of vehicle speeds and dwell times for any route and direction, identifying bottlenecks in the service that are slowing down vehicles. The software must be capable of integrating with the existing Remix software platform with historic speed information, showing vehicle speeds at the route level, filtering data by day of the week, time of day and route direction to determine where significant issues impacting vehicle speeds are occurring. Integration will be at no cost to the City. In addition, the map must visualize speeds at the intersection or stop level rather than simply segment-level data.

K. The software must not limit the amount of data that users can access at one time.

C.2. Delivery

If requested by the City and Sun Tran, the proposer must be able to deliver a product meeting all requirements within three (3) months of being awarded the contract.

C.3. Training

Training:

A. Contractor will provide a minimum of two recorded training sessions for all potential users within 30 days of executed Agreement. Remote/Webinar training sessions are acceptable for initial training.

B. The initial recorded training sessions will be available at no additional costs for future/ongoing training needs to refresh current users or for future new users.

C. If additional training such as administrative level training vs. end-user level training is recommended; these training sessions will be provided separately.

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D. INSTRUCTIONS TO OFFERORS

D.1. DEFINITION OF KEY WORDS USED IN THE SOLICITATION

For purposes of this solicitation and any subsequent contract, the following terms have the meanings set forth below:

City: The City of Tucson, Arizona

Contract: The legal agreement(s) executed between City and the Successful Offeror(s). The Contract will be deemed to include all the conditions and requirements set forth in this solicitation and any Amendments to the solicitation, all the Special Terms and Conditions and Standard Terms and Conditions, and all the terms of the Offer submitted by Offeror as finally negotiated and accepted by the City.

Contractor/Consultant: A Successful Offeror that enters into a Contract with the City.

Contract Representative: The City employee or employees who have been designated to act as the City contact for this solicitation process and who are responsible for monitoring and overseeing the Contractor's performance under the Contract.

Business Services Director: The contracting authority for the City, authorized to sign contracts and amendments thereto on behalf of the City.

May: Indicates something that is not mandatory but permissible.

May not: The indicated party is prohibited from taking the action.

Must: The action or condition is required.

Offer: Any proposal, statement of qualifications, bid, or other submission provided by an Offeror in response to this Solicitation.

Offeror: Each individual or entity that submits an Offer in response to this solicitation.

Successful Offeror: An Offeror who received a Notice of Award or a Notice of Intent to Award from the City.

Will: The indicated party is promising to take the action or abide by the condition.

D.2. PRE-SUBMITTAL MEETING

A Pre-Submittal Meeting will be held at the date and time stated on the cover page of this solicitation, if such a date and time is provided. Attendance at this meeting is not mandatory, but written minutes and/or notes regarding the meeting will NOT be provided, so attendance is encouraged. The purpose of this meeting will be to clarify the contents of this solicitation in order to prevent any misunderstanding of the City's position.

D.3. INQUIRIES

Any questions about this solicitation or the proposed Contract must be presented at the Pre-Submittal Meeting, if there is one (see above), or submitted in writing, via email, or through the online bidding system, to the Contract Officer by the Question Submission Deadline. The email must refer to the

BUSINESS SERVICES DEPARTMENT Page 10 of 39 solicitation number and the paragraph number of the provision that the question concerns. The Contract Officer may respond by email or may, if they deem it appropriate, address the question in a solicitation Amendment. Offeror may not rely on oral interpretations or clarifications about the solicitation; only questions answered in an email by the Contract Officer or posted as a formal solicitation Amendment will be binding.

D.4. ADDENDUM OF SOLICITATION

Solicitation Addenda will be posted on the City’s link to the online bidding website. Offeror is responsible for checking the webpage regularly for new solicitation addenda and must acknowledge each addendum to this solicitation in its submittal. Please note that vendors who have registered with the Business Services Department at https://secure.procurenow.com/portal/tucson-az and follow the City of Tucson will receive email notifications of solicitation addenda.

D.5. UNDERSTANDING SCOPE OF WORK

Before submitting an Offer to this solicitation, Offeror must familiarize itself with the Scope of Work, laws, regulations, physical conditions, and other factors affecting the obligations – including the expense and difficulty of fulfilling those obligations – that Offeror will have under the Contract if awarded to Offeror. No adjustment to the financial or other terms of the Contract will be justified by Offeror’s failure to fully understand or appreciate the Contract requirements or other factors affecting Contract performance.

D.6. PREPARATION OF OFFER

A. Form and Organization. If Offer forms are included in this Solicitation, Offeror’s Submittal must be on those forms. Supporting documentation must be arranged in a manner that follows and clearly refers to corresponding sections of the solicitation. Offeror may copy the submittal forms in order to complete them electronically but may not alter or rearrange them or change any paragraph designations.

B. Confidential Information. Any information in its submittal that Offeror wishes to be treated as confidential must be clearly marked “CONFIDENTIAL.”

C. Offer Contents. Offeror’s submittal must contain responses to all sections of this solicitation, any Offer forms provided must be completed and any requested supporting documentation must be attached.

D. Signatures. Offeror must include in their submittal signed copies of the Offer and Acceptance page. Any cover letter accompanying the proposal documents must be signed. Offeror must initial each erasure, interlineation or other modification in the submittal. The person signing and initialing on behalf of Offeror must be a person authorized to legally bind Offeror.

E. Prices. Where a unit price is provided it will govern over any erroneous extension of the price.

F. Time Periods. Periods of time, stated as a number of days, will be calendar days unless specifically stated otherwise.

G. Accuracy. Mistakes in preparation of its submittal confers on Offeror no right to modify or withdraw its submittal after the Submittal Deadline.

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H. Cost of Preparation. The City will not reimburse Offeror for the cost of developing, presenting, submitting or providing any response to this solicitation.

I. Subcontractors. Offeror must, in their submittal, list any subcontractors that it will utilize in the performance of the Contract if they are awarded the Contract and must describe their qualifications in detail.

J. Incomplete Information. Failure to include all requested information may have a negative impact on the evaluation of Offeror’s submittal.

D.7. PAYMENT DISCOUNTS

Payment discount periods shall be computed from the date of receipt of the material/service or correct invoice, whichever is later, to the date City’s payment warrant is mailed. Unless freight and other charges are itemized, any discount provided shall be taken on full amount of invoice. Payment discounts of twenty-one calendar days or more shall be deducted from the proposed price in determining the price points. However, the City shall be entitled to take advantage of any payment discount offered by a vendor provided payment is made within the discount period. The payment discount shall apply to all purchases and to all payment methods.

D.8. TAXES

The City is exempt from federal excise tax, including the federal transportation tax, but is not exempt from any other taxes, including state and local sales and excise taxes.

D.9. EXCEPTIONS TO CONTRACT PROVISIONS

By submitting an offer in response to this solicitation, Offeror is offering to enter into the Contract with the City. If Offeror wishes to modify any Contract terms and conditions, Offeror must, in its Offer, clearly identify the changes it is requesting. No requested modification will be deemed accepted by the City unless and until the City’s Business Services Director or their designee expressly accepts it in writing.

D.10. PUBLIC RECORD

Any documents submitted by Offeror in response to this solicitation will become the property of the City.

Except as set forth below with respect to Confidential Information, the Submittal will be deemed to be a public record available for review by the public after the award notification.

D.11. CONFIDENTIAL INFORMATION

The City is obligated to abide by the Arizona Public Records Law, A.R.S. §§ 39-101 through 39-161. If Offeror believes that any portion of its Offer, specification, protest or correspondence contains information that is confidential and subject to being withheld from disclosure in the event that the City receives a public records request to which the record is responsive, Offeror must, when the record is submitted, provide the Contract Officer written notification of that fact. The records or portions of records that Offeror wishes to be treated as confidential must also be clearly marked “CONFIDENTIAL” on their face. Pricing will not be treated as confidential.

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If the City, after award notification, receives a public-records request the scope of which includes a document submitted by Offeror and marked "CONFIDENTIAL", the Contract Officer will make a written determination regarding whether the document will be provided to the requestor. If the Contract Officer determines that the document should be released, City will notify Offeror in writing. Unless Offeror, within 10 days after the date of that notice, obtains and provides to City an order from a court of competent jurisdiction prohibiting the City from releasing the documents, the City may release the documents without any liability to Offeror.

D.12. WHEN AND HOW TO SUBMIT OFFERS

In order to be considered, Offeror must, no later than the Offer Submittal Deadline, submit its Offer electronically through the City’s online bidding system. Submittal instructions and online bidding system can be found at the following link: https://www.tucsonprocurement.com/

NOTE: THE ENTIRE OFFER MUST BE IN "“SUBMITTED"” STATUS IN THE CITY’S ONLINE

BIDDING SYSTEM IN ORDER TO BE CONSIDERED. RESPONSES THAT HAVE BEEN CREATED

IN THE SYSTEM, BUT THAT ARE NOT IN "“SUBMITTED"” STATUS BY THE OFFER SUBMITTAL

DEADLINE WILL NOT BE CONSIDERED.

D.13. CERTIFICATION OF NONCOLLUSION; CONFLICTS OF INTEREST

Offeror will not communicate, orally or in writing, with any member of the Mayor and Council, or with any City staff outside the Procurement Division of the Business Services Department, regarding this Solicitation. By submitting an Offer, Offeror warrants that:

A. Preparation and submission of the submittal did not involve collusion or other anti-competitive practices.

B. Offeror has not given, offered to give, nor intends to give at any time hereafter, any economic opportunity, future employment, gift, loan, gratuity, special discount, trip, favor, meal or service to a public servant in connection with this solicitation.

C. No person has been employed or retained to solicit or secure a Contract under this solicitation upon a promise of a commission, percentage, brokerage, or contingent fee.

D. No employee of the City involved in this Solicitation process, or any family member of such an employee, has any substantial financial interest in Offeror’s firm. No member of the City of Tucson Mayor and Council who has, or whose family member has, any substantial financial interest in Offeror’s firm will participate in any action taken by the Mayor and Council with respect to this Contract. The terms “relative” and “substantial interest” have the meanings assigned in A.R.S. § 38-502

The City may disqualify Offeror from further participation in the solicitation process if the City determines that any City employee or official involved in this Solicitation process has an actual or apparent conflict of interest or if Offeror has engaged in any collusion or anti-competitive practices.

https://www.tucsonprocurement.com/

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D.14. WITHDRAWAL OF OFFER; BINDING OFFER

By submitting an Offer in response to this Solicitation, Offeror is offering to enter into the Contract with the City. Offeror may withdraw a submitted Offer at any time prior to the Offer Submittal Deadline.

Telephonic or oral withdrawals are not effective.

Offeror cannot withdraw an Offer that is in “submitted” status as of the Offer Submittal Deadline unless the Director of the Business Services Department consents in writing to the withdrawal. The Offer will be irrevocable for 90 days after the Offer Submittal Deadline.

D.15. DISCUSSIONS

The City may, at its discretion, conduct discussions with Offeror for the purpose of eliminating minor irregularities, informalities, or apparent clerical mistakes in Offeror’s submittal in order to clarify the offer and assure full understanding of, and responsiveness to, solicitation requirements.

D.16. VENDOR REGISTRATION; BUSINESS LICENSE

In order to be eligible for award of a Contract, Offeror must:

A. Register with the City’s Business Services Department. Registration can be completed at https://secure.procurenow.com/portal/tucson-az.

B. Obtain a City of Tucson Business License or a written determination from the City's Business License Section that a license is not required. Application for a City Business License can be completed at http://www.tucsonaz.gov/etax. For questions contact the City's Business License Section at (520) 791- 4566 or email at tax-license@tucsonaz.gov

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E. OFFER EVALUATION AND CONTRACT AWARD

E.1. PROPOSAL EVALUATION CRITERIA – (listed in relative order of importance)

A. Method of Approach

B. Schedule

C. Qualifications & Experience

D. Price Proposal

E.2. INTERVIEWS

The City may interview some or all of the offerors at any point during the evaluation process. If interviews are conducted, information provided during the interview process will be taken into consideration in the evaluation process. The City will not reimburse the Offeror for any costs Offeror incurs during its participation in the interview process.

E.3. ADDITIONAL INVESTIGATIONS

The City may undertake any additional investigations it deems appropriate to evaluate the competence and financial stability of any offeror.

E.4. OTHER INFORMATION

Information that evaluation committee members have about an offeror beyond what is provided in the offeror’s Offer may be taken into consideration during the evaluation process.

E.5. PRICE

A. Tax Offset Policy. If applicable under Section 28-18(6) or Section 28-17(7)(d) of the Tucson Procurement Code, the City will include the amount of all business privilege taxes other than the City’s in evaluating the pricing component of each Offer.

B. Payment Discounts. Any discounts offered by Offeror for payments made within 21 calendar days or more will be deducted from the proposed price in evaluating an offeror’s pricing.

However, the City may take advantage of any early- or timely-payment discounts offered by a vendor. Any proposed payment discount will apply to all purchases and to all payment methods

E.6. CITY’S RIGHT TO WAIVE DEFECTS OR REJECT OFFERS

Notwithstanding any other provision of this solicitation, the City may:

A. Waive any immaterial defect or informality; or

B. Reject any or all submittals, or portions thereof; or

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C. Reissue the solicitation.

E.7. CONTRACT NEGOTIATIONS

At the City’s discretion, it may negotiate with one or more responsible offerors to agree upon the final conditions, terms and price of the Contract. In doing so, the City will treat offerors fairly and will not disclose to any offeror information from responses submitted by other offerors. Exclusive or concurrent negotiations do not constitute a contract award and do not confer any rights to the offerors participating in such negotiations. In the event the City deems that negotiations are not progressing, the City may formally terminate these negotiations and may enter into concurrent or exclusive negotiations with the next most qualified firm(s).

E.8. AWARD OF CONTRACT

A Contract is created when, and only when, it is formally awarded, which occurs when the Business Services Director and the City Attorney sign the Offer and Acceptance page of the Successful Offeror’s submittal. When a Contract is awarded, the City will send the Contractor a Notice of Award.

The City may first issue a Notice of Intent to Award to the Successful Offeror(s). Offeror, if it receives a Notice of Intent to Award from the City, must sign and file with the City, within five (5) days after receipt of the Notice, all documents necessary for execution of the Contract. A Notice of Intent to Award does not create a contract. Only a subsequent formal award, as described above, creates a Contract.

E.9. MULTIPLE AWARDS

The City, at its sole discretion, may award multiple Contracts.

E.10. SOLICITATION RESULTS

After the City issues a Notice of Award, the City will post the name(s) of the Successful Offeror(s) on the Business Services Department’s Internet site at https://secure.procurenow.com/portal/tucson-az.

E.11. PROTESTS

Any interested party, may, in accordance with Article IX of the Tucson Procurement Code, protest either this solicitation or the award of a Contract under this solicitation. A protest based on alleged improprieties in this solicitation must be filed no later than five (5) working days before the Proposal Submittal Deadline. A protest of a proposed or actual award must be filed no later than ten (10) calendar days after the City issues a Notice of Intent to Award or, if no Notice of Intent to Award is issued, after the City issues a Notice of Award.

A protest must be made in writing and filed with the Contract Officer. It must include:

A. The name, address, and telephone number of the protestant;

B. The signature of the protestant or its representative;

C. The solicitation or Contract number;

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D. A detailed statement of the legal and factual grounds for the protest along with copies of all relevant documents; and

E. The form of relief requested.

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F. EVALUATION PHASES

REQUIREMENTS SPECIFIC TO EVALUATION CRITERIA - The narrative portion and the materials presented in response to this Request for Proposal should be submitted in the same order as requested and must contain, at minimum, the following:

No. Evaluation Criteria Scoring Method Weight (Points)

1. Method of Approach

1. Present a proposed method of satisfying the requirements of the Contract. This shall be accomplished by covering the Scope of Work requirements on a point by point basis, The Offeror may utilize a written narrative or any other printed technique to demonstrate the ability to satisfy the Scope of Work.

Offeror may also include digital materials.

2. Provide a written narrative to demonstrate the simplicity of the software, facilitation of knowledge transfer, and software workflows.

Offeror may also include digital materials.

3. Present information on its approach to training Sun Tran staff. Please provide a sample training plan to include how training will be conducted for Planning, Scheduling, and Operations.

4. Provide a staffing/resource plan which reflects the support required in the Scope of Work. Include any roles and responsibilities required of Sun Tran staff.

5. Provide suggestions for additional project enhancements, products and functionality.

N/A N/A

2. Schedule

1. Provide a written implementation project plan and timeline, including an explanation of:

A. All project phases, including implementation;

B. Training. List the number of days/hours of training to be included for staff.

N/A N/A

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3. Qualifications & Experience

1. Provide a brief history of the firm.

2. Describe the qualifications and experience of your firm to provide the required services. Please include any competitive advantages or additional information that is applicable to the qualifications and experience of the firm.

3. Provide information on the roles and responsibilities of project manager(s).

4. Provide the names, titles, roles (e.g., project management, training, design) and years of experience, include resumes and/or biographies for all key personnel, including supervisors, who will be assigned to this contract.

5. Provide a list of previous and current contracts which are considered identical to or very similar to the Scope of Work as described herein.

6. Provide a minimum of three references, which include at least one public agency served. For each reference listed, please state the type of service provided, and the name, title and telephone number of the person to contact regarding Offeror's service.

N/A N/A

4. Price Proposal Provide price proposal as requested on the Price Page attached herein.

The City is requesting the pricing for each module independently for a potential one (1) year contract with four (4) one-year optional renewals, three (3) year contract with two (2) one-year optional renewals or a five (5) year contract. The City reserves the right to award by individual line item, by group of line items, or a total, whichever is deemed most advantageous to the City. Please indicate any discounts if multiple modules are purchased. Based on 237 Sun Tran Vehicles and 8 Sun Link Vehicles for a total of 245 vehicles. Vehicles in peak service are 210.

N/A N/A

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G. PRICING

ONE (1) YEAR CONTRACT WITH FOUR (4), ONE-YEAR RENEWAL OPTIONS

Line Item Description Quantity Unit of Measure

Unit Cost Total

1 Software Set-up, Configuration and/or Imlementation (one-time fee)

1 each

2 Annual - Swiftly Insights, On-Time Performance Module or equal

245 vehicles

3 Annual - Swiftly Insights, Run Times Module or equal

245 vehicles

4 Annual - Swiftly Insights, Operator Reports Module or equal

245 vehicles

5 Annual - Swiftly Insights, Speed Map Module or equal

245 vehicles

6 Ongoing Support/Customer Service Annual Fee (Maintenance)

1 each

7 Training of Software/Services 1 each

8 Discounts : multi-year 1 each

9 Discounts : multi-mode 1 each

TOTAL

THREE (3) YEAR CONTRACT WITH TWO (2), ONE-YEAR RENEWAL OPTIONS

Line Item Description Quantity Unit of Measure

Unit Cost Total

1 Software Set-up, Configuration and/or Imlementation (one-time fee)

1 each

2 Annual - Swiftly Insights, On-Time Performance Module or equal

245 vehicles

3 Annual - Swiftly Insights, Run Times Module or equal

245 vehicles

4 Annual - Swiftly Insights, Operator Reports Module or equal

245 vehicles

5 Annual - Swiftly Insights, Speed Map Module or equal

245 vehicles

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Measure

Unit Cost Total

6 Ongoing Support/Customer Service Annual Fee (Maintenance)

1 each

7 Training of Software/Services 1 each

8 Discounts : multi-year 1 each

FIVE (5) YEAR CONTRACT

Measure

Unit Cost Total

1 Software Set-up, Configuration and/or Imlementation (one-time fee)

1 each

2 Annual - Swiftly Insights, On-Time Performance Module or equal

245 vehicles

3 Annual - Swiftly Insights, Run Times Module or equal

245 vehicles

4 Annual - Swiftly Insights, Operator Reports Module or equal

245 vehicles

5 Annual - Swiftly Insights, Speed Map Module or equal

245 vehicles

6 Ongoing Support/Customer Service Annual Fee (Maintenance)

1 each

7 Training of Software/Services 1 each

8 Discounts : multi-year 1 each

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H. SPECIAL TERMS AND CONDITIONS

H.1. AVAILABILITY OF FUNDS FOR THE NEXT FISCAL YEAR

Funds are not presently available for performance under this Contract. The City's obligation for performance of this Contract is contingent upon the availability of funds from which payment for Contract purposes can be made. No legal liability on the part of the City for any payment may arise for performance under this Contract until funds are made available for performance of this Contract.

H.2. BRAND OR TRADE NAMES

Any manufacturer's names, trade names, brand names or catalog numbers used in the solicitation are for the purpose of describing and/or establishing the quality, design and performance required. Any such reference is not intended to limit or restrict any bid/offer by any vendor, but is only listed in order to advise potential bidders/offerors of the requirements of the City. Any bid/offer which proposes like quality, design or performance will be considered.

H.3. COOPERATIVE PURCHASING

Contractor will, when requested, provide goods and services at the same prices and under the same terms and conditions as set forth in this Contract to any public or nonprofit agency that, at the time of request, has a Cooperative Purchasing Agreement with the City or participates in the Strategic Alliance for Volume Expenditures (SAVE) cooperative. See http://www.tucsonprocurement.com/coop_partners.aspx and click on “Cooperatives” for a list of agencies that have Cooperative Purchasing Agreements with the City; see http://www.mesaaz.gov/home/showdocument?id=23638 for a list of agencies participating in SAVE.

These lists are subject to change. Contractor may, however, charge an agency that is outside the Tucson Metropolitan Area for additional out-of-pocket expenses that will be incurred by Contractor in providing goods and services to the agency (i.e., freight charges, travel related expenses, etc.).

Each participating agency that orders goods or services under this Contract as provided above is solely responsible for paying Contractor for those goods and services. The City is not responsible for any disputes arising out of transactions made by others.

H.4. FOB DESTINATION FREIGHT PREPAID

Prices shall be FOB Destination Freight Prepaid to the delivery location designated. Contractor shall retain title and control of all goods until they are delivered and the Contract of coverage has been completed. All risk of transportation and all related charges shall be the responsibility of the Contractor.

All claims for visible or concealed damage shall be filed by the Contractor. The City will assist the Contractor in arranging for inspection.

H.5. FEDERAL TRANSIT ADMINISRATION (FTA) REQUIREMENTS

Any contract awarded pursuant to this solicitation will contain the FTA Terms and Conditions listed in the corresponding attachment titled, "FTA Terms, Conditions and Certifications".

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H.6. PRICE ADJUSTMENT

At least 90 days before the date that the Contract is eligible for extension, Contractor may submit to the Contract Officer a request for price adjustments based on documented increased Contractor costs and the City may, at its discretion, make price adjustments, which will apply during the extension term.

H.7. SUBSTITUTE ITEMS

In the event that a product or model provided under the contract is discontinued by the manufacturer, the City at its sole discretion may allow the Contractor to provide a substitute for the discontinued item.

The Contractor shall request permission to substitute a new product or model and provide the following:

• A formal announcement from the manufacturer that the product or model has been discontinued.

• Documentation from the manufacturer that names the replacement product or model.

• Documentation that provides clear and convincing evidence that the replacement meets or exceeds all specifications required by the original solicitation.

• Documentation that provides clear and convincing evidence that the replacement will be compatible with all the functions or uses of the discontinued product or model.

• Documentation confirming that the price for the replacement is the same as or less than the discontinued model.

H.8. TERM AND RENEWAL

The term of the Contract will commence when awarded to Contractor and remain in effect for a period of one (1) year, unless terminated, canceled or extended as otherwise provided herein. The City may, at its sole option, extend the Contract's term for up to four (4) additional one-year periods or portions thereof.

H.9. TRAVEL EXPENSE ALLOWANCES

The City’s allowance is limited to the total expense resulting from traveling directly to the destination and staying only the number of days necessary to conduct official business. The Consultant is encouraged to arrive earlier or stay longer than is necessary if doing so will result in savings to the City.

In some cases, because of airline discount terms, an additional day(s) of travel will result in substantial airfare savings -- enough savings to offset additional lodging and per diem costs. The Consultant shall fly coach when the flight includes both coach and first-class seats. First-class seats may be allowed if coach seats are not available and no other flight can be substituted. At travel destinations, the City will reimburse the Consultant for the use of airport limousines and taxis. No receipts are required for reimbursement of such expenses. Additional fees or fares incurred during air travel must be substantiated by a receipt. The total reimbursement for vehicular transportation shall in no case exceed the amount that would be incurred using air transportation. Travel by personal vehicle shall be reimbursed in accordance with the current Federal per diem rates. All vehicular parking or storage costs will be reimbursed. Receipts are not required. Vehicle expense reimbursements will be paid only to the vehicle owner. Passengers are not entitled to vehicular expense reimbursement.

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The City will pay the actual cost of rooms including tax based upon the Federal Per Diem rates. Both the room rate and tax paid must be substantiated by a receipt that indicates payment has been made.

All in-state travel will be reimbursed at the City’s per diem rate. A complete list of the Federal GSA Per Diem rates are available at: http://www.gsa.gov/portal/category/100120.

For meals and miscellaneous expenses, the Consultant may choose to receive either (1) the Federal GSA per diem amount (a flat rate), or (2) a reimbursement for actual expenses. A higher dollar amount is allowed under the actual expense reimbursement option; however, receipts must be retained under this option. The Consultant is not required to keep receipts if the per diem option is chosen.

Only one method of reimbursement can be used for the entire trip (i.e., the Consultant cannot request a per diem amount for some days and actual expense reimbursement for other days).

Meals provided for by another agency or others will be subtracted, if the per diem allowance is elected.

For days of arrival and departure, the per diem amount will be determined by adding the amounts below for each meal the Consultant eats at the travel destination. The FY12 meal per diem for Tucson, Arizona is as follows:

The Consultants who select the per diem option and spend less than the per diem amount are encouraged to request a reimbursement only for the amount actually spent. No receipts are required to receive actual reimbursement where the amount requested is less than or equal to the per diem amount.

Miscellaneous expenses include local phone calls, snacks, and gratuities. Miscellaneous expenses are included in the per diem rate. If the actual expense reimbursement option is chosen for out-of-state travel, receipts are required for miscellaneous expenses.

Long distance telephone charges are allowed for official calls, and are governed by the following: Calls for official City business other than to City offices shall be paid by the Consultant. The Consultant will be reimbursed upon submission of appropriate documentation relative to cost and purpose of the call, and with the approval of the City Representative for this contract. Calls other than City business shall not be made at City expense.

The above is pursuant to City policy: Administrative Directive 3.03-1, Travel Authorization and Expense Allowance.

H.10. INTELLECTUAL PROPERTY RIGHTS

A. Ownership of Work Product. The City is and will be the sole and exclusive owner of all right, title, and interest throughout the world in and to all Work Product, including all Intellectual Property Rights therein. For the purposes of this Agreement:

1. "Intellectual Property Rights" means any and all rights arising in the US or any other jurisdiction throughout the world in and to (a) patents, patent disclosures, and inventions (whether patentable or not), (b) trademarks, service marks, trade dress, trade names, logos, corporate names, and domain names, and other similar designations of source or origin, together with the goodwill symbolized by any of the foregoing, (c) copyrights and works of authorship (whether copyrightable or not), including computer programs, and rights in data and databases, (d) trade secrets, know-how, and other confidential or proprietary information, and (e) all other intellectual property, in each case whether registered or unregistered, and including all registrations and applications for such rights

BUSINESS SERVICES DEPARTMENT Page 24 of 39 and renewals or extensions thereof, and all similar or equivalent rights or forms of protection in any part of the world.

2. "Work Product" means the Deliverables and all other writings, technology, inventions, discoveries, processes, techniques, methods, ideas, concepts, research, proposals, and materials, and all other work product of any nature whatsoever, that are created, prepared, produced, authored, edited, modified, conceived, or reduced to practice by [or on behalf of] Contractor solely or jointly with the Company or others [(a)] in the course of performing the Services [or other work performed by [or on behalf of] Contractor in connection with the Services or this Agreement][ or (b) at any time during the Term based on, derived from, or otherwise using the City’s Confidential Information or City Materials or resulting from any use of the City’s facilities, personnel, or other resources, and all printed, physical, and electronic copies and other tangible embodiments of any of the foregoing.

B. City Materials. As between the City and Contractor, the City is, and shall remain, the sole and exclusive owner of all right, title, and interest in and to any documents, specifications, data (including data collected pursuant to this Agreement), know-how, methodologies, software, and other materials provided to Contractor by the City ("City Materials"), including all Intellectual Property Rights therein. Contractor shall have no right or license to reproduce or use any Company Materials except solely during the Term to the extent necessary to perform its obligations under this Agreement. All other rights in and to the City Materials are expressly reserved by the City.

C. Confidentiality. The Work Product and City Materials are and shall at all times remain the Confidential Information of the City and subject to all Contractor obligations and restrictions set forth in Section 2. Without limiting such obligations or restrictions, Contractor shall not disclose to any third party the nature or details of any Work Product or City Materials without the City’s prior written consent.

H.11. DATA HOUSING

The contractor agrees to house City data domestically or through Amazon GovCloud Services or a system with similar security approved by the City.

H.12. CONFIDENTIAL INFORMATION

A. Contractor agrees:

1. not to disclose or otherwise make available Confidential Information of the City to any third party without the prior written consent of the City; provided, however, that the Contractor may disclose the Confidential Information of the City to its officers, employees, consultants, and legal advisors who have a "need to know", who have been apprised of this restriction, and who are themselves bound by nondisclosure obligations at least as restrictive as those set forth in this Section 2;

2. to use the Confidential Information of the City only for the purposes of performing its obligations under the Agreement; andto immediately notify the City in the event it becomes aware of any loss or disclosure of any of the Confidential Information of City.

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B. If Contractor becomes legally compelled to disclose any Confidential Information, the

Contractor shall provide:

1. prompt written notice of such requirement so that the City may seek, at its sole cost and expense, a protective order or other remedy; and

2. reasonable assistance, at the City's sole cost and expense, in opposing such disclosure or seeking a protective order or other limitations on disclosure.

3. If, after providing such notice and assistance as required herein, the Contractor remains required by Law to disclose any Confidential Information, the Contractor shall disclose no more than that portion of the Confidential Information which, on the advice of the Contractor's legal counsel, the Contractor is legally required to disclose and, upon the City's request, shall use commercially reasonable efforts to obtain assurances from the applicable court or agency that such Confidential Information will be afforded confidential treatment.

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I. INSURANCE REQUIREMENTS

I.1. Required Insurance Policies

Contractor will obtain and maintain during the entire term of this Contract and for 2 years after the Contract term ends, the following insurance coverage from insurers that have an “A.M. Best” rating of not less than A-VII:

I.2. Commercial General Liability

Policy must include Bodily Injury, Property Damage, Personal Injury and Broad Form Contractual Liability with coverage limits no lower than:

A. Each Occurrence: $1,000,000

B. General Aggregate: $2,000,000

C. Products & Completed Operations Aggregate: $2,000,000

D. Personal and Advertising Injury: $1,000,000

E. Blanket Contractual Liability: $1,000,000

I.3. Commercial Automobile Liability

Policy must include bodily injury and property damage, for any owned, hired, and/or non-owned vehicles used in performance of work under this Contract, with a Combined Single Limit no lower than $1,000,000.

I.4. Worker's Compensation. Policy must have coverage limits no lower than:

Policy must have coverage limits no lower than:

A. Per Occurrence: Statutory

B. Employer's Liability: $1,000,000

C.