Laredo International Bridges Toll Collection System and

City of Del Rio International Bridge

Toll Collection System Procurement

Request for Proposals

MARIO GARCIA CITY OF DEL RIO 109 W. BROADWAY DEL RIO, TEXAS 78840

August 10, 2016

FEDERAL AID PROJECT NO: CBI 2008(419) HIGHWAY: CS

VAL VERDE COUNTY, TEXAS CSJ# 0922-11-033

August 10, 2016 Request for Proposals 1

City of Del Rio International Bridge Toll Collection System Procurement

TABLE OF CONTENTS

1. REQUEST FOR PROPOSALS ADMINISTRATION ................................................................................. 7

1.1. Notice to CONTRACTORs................................................................................................................... 7

1.2. Purpose of Request For Proposals .................................................................................................... 7

1.3. Procurement Points of Contact ......................................................................................................... 7

1.4. Information to CONTRACTORs .......................................................................................................... 8

1.5. Non-Solicitation Provision ................................................................................................................. 8

1.6. Revisions to the Request for Proposals ............................................................................................. 8

1.7. Clarification or Objection to Proposal Specifications ........................................................................ 8

1.8. Oral or Referenced Explanations ...................................................................................................... 8

1.9. Waivers ............................................................................................................................................. 9

1.10. Responsiveness of Proposals ............................................................................................................ 9

1.11. Right to Cancel .................................................................................................................................. 9

1.12. Incurred Expenses ............................................................................................................................. 9

1.13. CONTRACTOR’s Price Guarantee ...................................................................................................... 9

1.14. Number of Copies/Delivery Instructions ........................................................................................... 9

1.15. Receipt and Opening of Proposals .................................................................................................... 9

1.16. Withdrawal of Proposals ................................................................................................................. 10

1.17. Late Proposals or Modifications ...................................................................................................... 10

1.18. Disqualification of Proposals ........................................................................................................... 10

1.19. Trade Secrets/Confidential Information ......................................................................................... 10

1.20. Proposal Bonds ............................................................................................................................... 11

1.21. Contractual Obligations .................................................................................................................. 11

1.22. Protest Procedures.......................................................................................................................... 11

1.23. Award of Contract ........................................................................................................................... 12



1.24. Proposal Disposition ....................................................................................................................... 12

1.25. Abbreviations .................................................................................................................................. 12

2. PROPOSAL CONTENT ..................................................................................................................... 13

2.1. Transmittal Letter ........................................................................................................................... 13

2.2. Executive Summary ......................................................................................................................... 13

2.3. Qualifications .................................................................................................................................. 14

2.4. Technical Specifications and Requirements .................................................................................... 14

2.5. Scope of Work ................................................................................................................................. 14

2.6. Price ................................................................................................................................................ 14

2.7. Exceptions to Terms and Conditions ............................................................................................... 14

2.8. Proposal Appendices ....................................................................................................................... 15

3. PROCUREMENT PROCESS .............................................................................................................. 16

3.1. Schedule .......................................................................................................................................... 16

3.2. Bridge Visit (Optional) ..................................................................................................................... 16

3.3 Question Submittal ......................................................................................................................... 16

3.4 Evaluation and Scoring Process....................................................................................................... 16

3.4.1. Proposal Evaluation ....................................................................................................... 16

3.4.2. Proposal Evaluation Criteria .......................................................................................... 18

4. BACKGROUND INFORMATION ....................................................................................................... 19

4.1. Bridge Overview .............................................................................................................................. 19

4.2. Bridge Operations ........................................................................................................................... 20

5. EXISTING SYSTEMS TECHNOLOGY.................................................................................................. 22 6. QUALIFICATION REQUIREMENTS ................................................................................................... 23

6.1. Firm Qualifications .......................................................................................................................... 23

6.1.1. Management ................................................................................................................. 23

6.1.2. Firm Information/Project Contact ................................................................................. 23



6.1.3. Subcontractors .............................................................................................................. 23

6.1.4. Similar Projects-References .......................................................................................... 23

6.2. Key Personnel.................................................................................................................................. 24

6.2.1 Project Manager ............................................................................................................ 24

6.2.2 Key Personnel ................................................................................................................ 24

6.3. Financial Stability and Resources .................................................................................................... 25

7. TECHNICAL REQUIREMENTS .......................................................................................................... 26

7.1. Toll Collection System ..................................................................................................................... 26

7.2. Roadside (Vehicular) Toll Collection System ................................................................................... 27

7.2.1. General .......................................................................................................................... 27

7.2.2. ETC Transponders.......................................................................................................... 28

7.2.3. Traffic Control Devices .................................................................................................. 28

7.2.3.1. Traffic Control Gates ..................................................................................................... 28

7.2.3.2. Traffic Signal ................................................................................................................. 29

7.2.3.3. Lane Open/Closed Signal .............................................................................................. 29

7.2.3.4. Patron Fare Display ....................................................................................................... 30

7.2.4. Cash Collection Equipment ........................................................................................... 30

7.2.5. Lane Controller and Electronics .................................................................................... 31

7.2.5.1. Capacities ................................................................................................................. 31

7.2.6. Digital Video Audit system (DVAS) ................................................................................ 31

7.2.7. Power Distribution ........................................................................................................ 32

7.2.8. Plaza Host ...................................................................................................................... 32

7.2.8.1. General ................................................................................................................. 32

7.2.8.2. Plaza Computer System ................................................................................................ 32

7.2.9. Maintenance Online Management System ................................................................... 33

7.2.10. Pedestrian Toll Collection System Interface .................................................................. 33



7.3. Customer Service Center System .................................................................................................... 33

7.3.1. General .......................................................................................................................... 33

7.3.2. ETC Account Maintenance ............................................................................................ 34

7.3.3. ETC Transponder Distribution & Tracking ..................................................................... 34

7.3.4. System Reporting .......................................................................................................... 34

7.3.5. Communications ........................................................................................................... 35

7.4. Performance Requirements ............................................................................................................ 35

7.4.1 Vehicular Toll Collection System ................................................................................... 35

7.4.2 Customer Service Center System .................................................................................. 36

7.5. Project Documentation ................................................................................................................... 37

8. SCOPE OF WORK ............................................................................................................................ 38

8.1 Project Administration .................................................................................................................... 38

8.1.1 Project Management .................................................................................................... 38

8.1.1.1. Monthly Progress Reports ............................................................................................ 38

8.1.1.2. Monthly Progress Meetings .......................................................................................... 38

8.1.1.3. Mobilization Conference ............................................................................................... 38

8.1.2 Project Phases/Milestone Schedule/Progress Payments .............................................. 38

8.1.3 Quality Assurance/Quality Control ............................................................................... 40

8.1.4 Project Documentation Deliverables ............................................................................ 40

8.2 Phase I – Design .............................................................................................................................. 42

8.2.1 Detailed Design Document (DDD) ................................................................................. 42

8.2.2 Business Rules-Requirements Traceability MAtrix (BR-RTM) ....................................... 43

8.2.3 Hardware Cut Sheets..................................................................................................... 43

8.3 Phase II – Factory Acceptance ......................................................................................................... 44

8.3.1 Test Plan-Procedures-Scripts ........................................................................................ 44

8.3.2 Discrepancy Reports ...................................................................................................... 44



8.3.3 Test Database ................................................................................................................ 44

8.3.4 Roadside (Vehicular) TCS FAT ........................................................................................ 45

8.3.5 Customer Service Center System FAT ........................................................................... 45

8.3.6 FAT Approval ................................................................................................................. 46

8.4 Phase III – Installation/Site Acceptance .......................................................................................... 47

8.4.1. Installation..................................................................................................................... 47

8.4.2. Site Acceptance ............................................................................................................. 48

8.5 Phase IV – Transition ....................................................................................................................... 48

8.6 Phase V – Final System Acceptance ................................................................................................ 49

8.6.1. Approach ....................................................................................................................... 49

8.6.2. Final System Acceptance Documentation ..................................................................... 49

8.6.3. Approval ........................................................................................................................ 50

8.7 Training ........................................................................................................................................... 51

8.8 Maintenance ................................................................................................................................... 52

8.8.1. Maintenance And Service Manual (MSM) .................................................................... 53

9. PRICE .............................................................................................................................................. 54

9.1. Project Administration .................................................................................................. 54

9.2. Labor Rates-Supplemental work ................................................................................... 54

9.3. Customer Service Center System .................................................................................. 54

9.4. Vehicular Toll Collection System ................................................................................... 54

9.5. Spare Parts .................................................................................................................... 55

10. CONTRACT TERMS AND CONDITIONS ........................................................................................... 56

ARTICLE I. PRELIMINARY MATTERS ................................................................................................ 56

ARTICLE II. WORK ............................................................................................................................ 56

ARTICLE III. OTHER WORK AT THE SITE ............................................................................................ 71

ARTICLE IV. CONSULTANT ................................................................................................................ 73



ARTICLE V. CITY’S RESPONSIBILITIES ............................................................................................... 75

ARTICLE VI. CONTRACT TIMES, LIQUIDATED DAMAGES, AND DEFECTIVE WORK REMEDIES .......... 75

ARTICLE VII. CONTRACT PRICE .......................................................................................................... 77

ARTICLE VIII. PAYMENT PROCEDURES ................................................................................................ 79

ARTICLE IX. CONTRACTOR’S REPRESENTATIONS ............................................................................. 79

ARTICLE X. CONTRACT DOCUMENTS .............................................................................................. 80

ARTICLE XI. ASSIGNMENT OF CONTRACT ......................................................................................... 82

ARTICLE XII. BONDS AND INSURANCE ............................................................................................... 83

ARTICLE XIII. SEVERABILITY ................................................................................................................ 84

ARTICLE XIV. INDEMNITY .................................................................................................................... 84

ARTICLE XV. BUSINESS ADDRESSES ................................................................................................... 84

EXHIBIT A-CITY FORMS ............................................................................................................................ 86 EXHIBIT B-PRICE SHEETS .......................................................................................................................... 87 EXHIBIT C-EXCEPTIONS TO TERMS & CONDITIONS FORM ...................................................................... 92 EXHIBIT D-QUESTION SUBMITTAL FORM ................................................................................................ 93



1. REQUEST FOR PROPOSALS ADMINISTRATION 1.1. NOTICE TO CONTRACTORS The CITY of Del Rio (CITY) invites interested parties to submit Proposals subject to the terms and conditions and other contract provisions, for awarding a contract for the CITY of Del Rio International Bridge Toll Collection System. 1.2. PURPOSE OF REQUEST FOR PROPOSALS The purpose of this project is to procure the design and installation of a new toll collections system, to be installed within a new Toll Plaza and Administration Building scheduled for completion in February 2017. Technical Specifications and Requirements for the Toll Collection System (TCS) are defined within Section 7. The successful TCS CONTRACTOR will be required to coordinate his installation work with the construction activities of the Toll Plaza project General Contractor. The new system will be a turnkey solution including roadside (vehicular) TCS, and customer service and account management, as well as, an interface with the pedestrian toll collection system that is being provided by the Toll Plaza General Contractor. The new plaza will consist of four gated post classification cash/Electronic Toll Collection (ETC) lanes. Roadside (vehicular) will include RFID (Radio Frequency Identification) ETC, Automatic Vehicle Classification and cash (U.S. dollars and pesos) collection in the lanes (including hardware and software). A standard Customer Service Center hardware and software (account management, reporting, credit card payments and basic web functionality) will be procured. This RFP includes project management, scheduling, design, equipment purchase, development, testing, installation, implementation, integration, transition, documentation, training, maintenance and all necessary incidentals, in strict compliance with and in accordance with the information and requirements of this RFP, its Appendices, Exhibits, Attachments and Addenda, if any. It should be noted that the CITY intends to award only one (1) Contract, if any, as a result of the Proposals received in response to this RFP. 1.3. PROCUREMENT POINTS OF CONTACT All communications pertaining to this RFP are to be made through the contact persons listed below:

PRIMARY Purchasing

SECONDARY International Bridge

Mario Garcia Purchasing Director

Margie Montez Superintendent

(830) 774-8508 [email protected] 109 W Broadway Del Rio, TX 78840

(830) 774-8757 [email protected] 3215 Spur 239 Del Rio, TX 78840

mailto:[email protected]

mailto:[email protected]



1.4. INFORMATION TO CONTRACTORS CONTRACTORS are required to submit Proposals upon the following expressed conditions:

a. CONTRACTORS shall thoroughly examine the specifications, schedule instructions and other contract documents. Failure by the CONTRACTOR to read all specifications, instructions and contract documents shall not be cause to alter the original contract or for a CONTRACTOR to request additional compensation.

b. CONTRACTORS shall make all investigations necessary to thoroughly inform themselves regarding facilities and locations for delivery of materials and equipment as required by the Proposal conditions. No pleas of ignorance by the CONTRACTOR of conditions that exist or that may hereafter exist as a result of failure or omission on the part of the CONTRACTOR to make the necessary examinations and investigations, or failure to fulfill in every detail the requirements of the contract documents, shall be accepted as a basis for varying the requirements of the CITY or the compensation to the CONTRACTOR.

c. CONTRACTORS are advised that CITY contracts are subject to all legal requirements provided for in the CITY Charter and/or applicable CITY Ordinances, State and Federal Statutes.

1.5. NON-SOLICITATION PROVISION From the date this RFP is issued until the selection of a CONTRACTOR is announced, firms shall only contact the CITY’s Contact Person with respect to any facet of this procurement. CONTRACTORS are not permitted to contact any CITY Council Members, employees, or agents with respect to this procurement. Violation of this provision shall result in the disqualification of the firm’s Proposal. 1.6. REVISIONS TO THE REQUEST FOR PROPOSALS The CITY reserves the right to amend, insert, or delete any item in this RFP if it is determined to be in the best interest of the CITY. If it becomes necessary to revise any part of this RFP, a written Addendum to the solicitation will be posted on the CITY website (www.cityofdelrio.com). It is the CONTRACTOR’s responsibility to actively check the CITY’s website for any posted Addenda to the RFP. The CITY will not be bound by, and the proposing CONTRACTOR shall not rely on, any oral or written communication or representation regarding the RFP documents, except to the extent that it is contained in this RFP or in an Addendum to these RFP documents or the Questions and Answers, and is not superseded by a later Addendum to these RFP documents. 1.7. CLARIFICATION OR OBJECTION TO PROPOSAL SPECIFICATIONS If any person contemplating submitting a Proposal for this contract is in doubt as to the true meaning of the specifications, or other proposal documents or any part thereof, they may submit questions in accordance with the timeframe outlined in Table 3-1. All requests for information shall be made in writing, and the person submitting the request shall be responsible for its prompt delivery. Any interpretation of the proposal, if made, will be made only by an Addendum duly issued by the CITY. The Addendum will be posted on the CITY’s website. 1.8. ORAL OR REFERENCED EXPLANATIONS The CITY will not be bound by oral explanations or instructions given by anyone at any time during the Proposal process or after award. The CITY will not consider CONTRACTOR information not provided in writing in response to the RFP.



1.9. WAIVERS The CITY may waive minor informalities or irregularities in Proposals received where such is merely a matter of form and not substance, and the correction or waiver of which is not prejudicial to other CONTRACTORS. Minor irregularities are defined as those that will not have an adverse effect on the CITY’s interest and will not affect the price of the Proposals by giving a CONTRACTOR an advantage or benefit not enjoyed by other CONTRACTORS. 1.10. RESPONSIVENESS OF PROPOSALS The CITY reserves the right to reject any Proposal as non-responsive if the Proposal fails to include any of the required information in the specified order as defined in this RFP. 1.11. RIGHT TO CANCEL The CITY reserves the right to cancel this RFP if it is determined to be in the best interest of the CITY. The CITY, reserves the right to reject any or all proposals, to waive technicalities in the best interest of the CITY. Unless all proposals are rejected, the Owner agrees to give Notice of Award of Contract to the successful CONTRACTOR within sixty (60) days of the proposal opening. 1.12. INCURRED EXPENSES The CITY shall pay no costs or other amounts incurred by any entity in responding to this RFP, or as a result of issuance of this RFP. 1.13. CONTRACTOR’S PRICE GUARANTEE Technical and Price Proposals shall remain effective two-hundred forty (240) days after the Proposal due date. 1.14. NUMBER OF COPIES/DELIVERY INSTRUCTIONS Proposals shall be mailed or hand delivered to the CITY of Del Rio, CITY Hall, 109 W. Broadway, Del Rio, Texas, 78840; and marked: “Del Rio International Bridge – Toll Collection System Procurement” Each proposal and the proposal guaranty must be originals and must be sealed in an envelope plainly marked with the name of the project as shown above, and the name and address of the CONTRACTOR. When submitted by mail, this envelope shall be placed in another envelope addressed as indicated in this Notice to CONTRACTORS. Only proposals and guaranties actually in the hands of the designated official at the time set in this Notice to CONTRACTORS shall be considered. Proposals submitted by telephone, email, or fax, will not be considered. Please submit one (1) original signature Proposal document, two (2) Proposal copies (hard copies), and one (1) electronic copy on a CD or USB flash drive. 1.15. RECEIPT AND OPENING OF PROPOSALS Sealed proposals will be received by CITY of Del Rio, CITY Hall, 109 W. Broadway, Del Rio, Texas, 78840, until 3:00 P.M. local time on September 9, 2016. Proposals will be publicly opened, read, and taken under advisement for



the furnishing of all necessary materials, machinery, equipment, labor, superintendence, and all other services and appurtenances required for the Del Rio International Bridge – Toll Collection System Procurement, and shall include acknowledgement of any addenda submitted, and all other documents included in RFP.

1.16. WITHDRAWAL OF PROPOSALS Proposals may not be withdrawn after they have been publicly opened, unless approved by the CITY. 1.17. LATE PROPOSALS OR MODIFICATIONS Proposals and modifications received after the time set for the Proposal Opening shall not be considered. Late Proposals shall be returned to the CONTRACTOR unopened. 1.18. DISQUALIFICATION OF PROPOSALS The CITY may reject a Proposal if:

a. All required forms are not signed or included in the Proposal. b. CONTRACTOR misstates or conceals any material fact in the Proposal. c. Proposal does not strictly conform to the law or the requirements of the RFP. d. CONTRACTOR is in arrears on existing contracts or taxes with the CITY. e. Proposal is conditional. f. In the event that a CONTRACTOR is delinquent in the payment of CITY taxes on the day the Proposals are

opened, including state and local taxes, such fact may constitute grounds for rejection of the Proposal or cancellation of the contract. A CONTRACTOR is considered delinquent, regardless of any contract or agreed judgments to pay such delinquent taxes.

No Proposal submitted herein shall be considered unless the vendor warrants that, upon execution of a contract with the CITY, CONTRACTOR shall not engage in employment practices such as discriminating against employees because of race, color, sex, creed, or national origin. CONTRACTOR shall submit such reports as the CITY may therefore require assuring compliance with said practices. The CITY may reject all Proposals or any part of a Proposal whenever it is deemed necessary. The CITY may waive any minor informalities or irregularities in any Proposal.

1.19. TRADE SECRETS/CONFIDENTIAL INFORMATION The CITY will consider all Technical and Price Proposals, except portions which have been previously published, as trade secrets or proprietary information. The CITY will: 1) make a best effort to maintain confidentiality; 2) to the extent permitted by law, dispose of all unsuccessful print and electronically reproduced Proposals upon successful award of contract; and 3) have no ownership rights to print or electronically reproduce data from unsuccessful Proposals. All other Technical and Price Proposal materials shall become property of the CITY. By making a Proposal, the CONTRACTOR acknowledges that the CITY treats itself as subject to the Texas Freedom of Information Act.



1.20. PROPOSAL BONDS

a. Payment / Performance Bonds The successful CONTRACTOR of the improvements must furnish a Certificate of Insurance, and a satisfactory Performance Bond in the amount of 100% of the total contract price, and a satisfactory Payment Bond in such amount, duly executed by such CONTRACTOR as principal and by a corporate surety duly authorized so to act under the laws of the State of Texas. The successful CONTRACTOR will be required to provide Performance and Payment Bonds issued by an insurance company which meets the minimum State requirements and is licensed in the State of Texas, and has a Best’s Key Rating as follows:

Construction Contract Rating 25,001 - 250,000 None 250,000 - 1,000,000 B Over 1,000,000 AB

The Payment and Performance Bonds should not be purchased prior to, nor are a requirement to submit a Proposal, however the CONTRACTOR must purchase and submit such Bonds prior to performing any Contract work.

1.21. CONTRACTUAL OBLIGATIONS Submission of a Proposal indicates the CONTRACTOR’s acceptance of the conditions contained in this RFP unless clearly and otherwise specifically noted in the Proposal submitted and confirmed in the Contract between the CITY and the firm. See Section 10, Contract Terms and Conditions including insurance requirements. Legal entities, such as joint ventures or partnerships, founded for purposes of this Proposal should be formed prior to submitting the Proposal. If the entity is not formed by the time the Proposal is submitted it shall be grounds for disallowing the Proposal. 1.22. PROTEST PROCEDURES The purpose of this section is to establish procedures whereby a CONTRACTOR may protest specific procurement actions by the CITY. The following sequence of activities must take place in filing a protest:

a. To be performed by protesting CONTRACTOR: The CONTRACTOR shall have ten (10) days from the Notice to Award to protest in writing and submit to the CITY. Such protest must include specific reasons for the protest.

b. To be performed by CITY: Shall review the records of procurement and determine legitimacy and

procedural correctness. Within ten (10) working days, the CITY shall provide written response to the protesting CONTRACTOR of the decision.

All protests must be duly submitted via Certified Mail to:

City of Del Rio Mario Garcia, Purchasing Director 109 W Broadway Del Rio, Texas 78840



1.23. AWARD OF CONTRACT The Contract shall be awarded to the CONTRACTOR who provides the best value for the CITY based on the evaluation factors listed in the RFP, in accordance to the provisions of the State of Texas - Local Government Code. The CITY reserves the right to accept any item or group of items in the proposal specifications, unless the CONTRACTOR qualifies its proposal by specific limitation. Proof: The CONTRACTOR shall bear the burden of proof of compliance with the CITY specifications. A written award of acceptance, Notice of Award (refer to Exhibit A), will be furnished by the CITY to the successful CONTRACTOR will result in a binding Contract without further action by either party. These Terms and Conditions shall be the basis and governing document of the binding Contract. 1.24. PROPOSAL DISPOSITION All written correspondence, exhibits, photographs, reports, other printed material, tapes, electronic disks, and other graphic and visual aids submitted in response to this RFP are, upon their receipt, the property of the CITY (except as set forth in Trade Secrets/Confidential Information), and will not be returned to the submitting parties. In no event shall the CITY, or any of its agents, representatives, consultants, directors, or employees be liable to a CONTRACTOR for the disclosure of all or a portion of the information submitted in response to this RFP. 1.25. ABBREVIATIONS Abbreviations used throughout this document are defined in Table 1-1.

TABLE 1-1 ABBREVIATIONS

AVI Automatic Vehicle Identification O&M Operations & Maintenance CD Compact Disc PCI Payment Card Industry CITY City of Del Rio, Texas PIC Principal in Charge CSC Customer Service Center PM Project Manager DDD Detailed Design Document POS Point of Sale DR Discrepancy Reports QA Quality Assurance BR-RTM Business Rules- Requirements

Traceability Matrix QC Quality Control

DVAS Digital Video Audit Subsystem RFID Radio Frequency Identification FAT Factory Acceptance Testing RFP Request for Proposals LAN Local Area Network SAT Site Acceptance Test LS Lump Sum MOMS Maintenance Online Management

System TCS Toll Collection System

MSM Maintenance and Service Manual UPS Uninterruptible Power Supply NTP Notice to Proceed USB Universal Serial Bus



2. PROPOSAL CONTENT

TABLE 2-1 PROPOSAL FORMAT REQUIREMENTS

Proposal Format

Letter size (8½ x 11 inch) paper Tab Dividers for major sections Each printed copy bound separately

Proposal Organization Part I I.1. Transmittal Letter I.2. Executive Summary I.3. Qualifications I.4. Response to Technical Requirements I.5. Response to Scope of Work

Part II II.1 Price

Appendices Required: A, B and C.

Page Presentation

Minimum 10 pt. Arial or 12 pt. Times New Roman Double-sided pages Header/Footer to contain:

• CONTRACTOR’s Name • Proposal Part Number • Page Numbers • Date of the Proposal

Page Limitations

Proposal shall be limited to 100 pages excluding Cover, Dividers and Appendices Specific limitations: -Transmittal Letter: 1 page -Executive Summary: 5 pages

Trade Secrets and Confidential Information

Designate appropriate portions of Proposal by marking the top and bottom of pages containing confidential information in boldface type “CONFIDENTIAL.”

2.1. TRANSMITTAL LETTER A transmittal letter shall be included with the RFP submittal package. The letter must be signed by an officer of the firm with signature authority to enter into the proposed contract with the CITY. This letter should be brief and provide the corporate commitment to meet the scope, schedule and budget of the CITY RFP and the relevant proposal. The letter should also include the name of the Project Manager, the name of proposed sub-contractors and their respective responsibilities.

2.2. EXECUTIVE SUMMARY This shall be a concise overview summarizing the Technical Proposal and explaining how the proposal being offered best addresses the evaluation criteria listed in this RFP. Describe the CONTRACTOR’s understanding of the CITY’s needs and your approach in developing the integration, the coordination with the CITY, and how the systems’ integrity will be protected and enhanced over the life of the Contract. Describe the amount of design and software development anticipated.



2.3. QUALIFICATIONS The CONTRACTOR shall address requirements outlined in Section 6 such as firm experience, personnel references, state of the art technology and financial stability/resources, including responses to all the pre-qualification requirements of the firm. Provide a detailed list, description, contract value, and currently available references with phone numbers for each project cited as proof of qualifications for this project. Also provide a key personnel roster, with titles, resumes, references, current assignments, when they would be assigned to the CITY and percentage of time and estimated hours devoted to this project by key personnel. Resumes shall be included as an Appendix to the Proposal.

2.4. TECHNICAL SPECIFICATIONS AND REQUIREMENTS The CONTRACTOR shall provide information on toll technology that meets the minimum requirements defined in Section 7 of this RFP. Innovative solutions are encouraged. Describe how your firm will meet these requirements. The response to each section should include remarks on how you currently provide these types of services, and how you plan to approach the design and implementation for the CITY. Please do not write sections saying “will comply”, but describe how your firm already complies, will comply and what expertise and unique insights it has in developing a compliant solution.

2.5. SCOPE OF WORK The CONTRACTOR shall address requirements defined in the RFP in Section 8 and include only the information specified for each section. Innovative project management approaches are encouraged. Include clear and detailed descriptions on each element within the scope of work, the approach and effort required for compliance with the scope. Describe how your firm will meet these requirements. The response to each section should include remarks on how you currently provide these types of services, and how you plan to approach the project management for the CITY. Please do not write sections saying “will comply”, but describe how your firm already complies on other projects, will comply and what expertise and unique insights it has in project management and implementation. CONTRACTOR shall also provide the key milestone dates as outlined in Table 8-1. 2.6. PRICE The CONTRACTOR shall use the provided Excel Price spreadsheets presented in Exhibit B. All CONTRACTORS accept all risk and responsibilities for the Price spreadsheets and results. Units, quantity and total price calculated cells/formulas are not to be altered. Each CONTRACTOR is making a Proposal compliant with the full Scope of Work of this RFP. In the event that a pay item or some type of compensation is not identified in the Price spreadsheets which are ultimately accepted by the CITY, the successful CONTRACTOR may not ask for additional compensation. Pricing is requested for the identified project items. Full detail descriptions for each price item shall be provided along with the Price spreadsheets. The CITY may accept all or only specific price items for implementation. 2.7. EXCEPTIONS TO TERMS AND CONDITIONS In the precedence of documents, the Terms and Conditions and Performance Requirements provided by the CITY in this RFP will supersede any exceptions, variance or conflicting design specifications or measured system performance, regardless of the accepted Proposal, unless the exceptions, variances, design specifications conflicts or performance levels are identified in the Exceptions to the Terms and Conditions. There are no restrictions to



proposing exceptions to the Terms and Conditions, however, the attractiveness and competitiveness of the proposal will be affected if a large series of exceptions and alternatives is presented. By necessity, the CITY’s methods and criteria will be in the best judgment of the evaluators, however contractual or technical exceptions that deviate substantially from the requirements and other compliant proposals may be considered non-responsive. The CONTRACTOR must clearly identify what the proposed exceptions and alternatives are. In general, the CONTRACTOR is waiving the right to raise new exceptions and alternatives during negotiations, however, details not defined yet in the RFP documents by the CITY or the CONTRACTOR may still be negotiated. Exceptions shall be clearly defined and included as an Appendix to the Proposal using the format provided in Exhibit C. 2.8. PROPOSAL APPENDICES CONTRACTORS are required to provide the following information in Appendices A through C as specified below.

Appendix A - All CITY forms (provided in Exhibit A), except those listed below, must be completed, signed and submitted:

• CHECKLIST FOR CONTRACTORS • PERFORMANCE BONDS • PAYMENT BONDS • CONSTRUCTION CONTRACT • NOTICE OF AWARD • NOTICE TO PROCEED • CERTIFICATE OF SUBSTANTIAL COMPLETION • CERTIFICATE OF FINAL COMPLETION

Appendix B - Personnel Resumes Appendix C - Exceptions to Terms and Conditions



3. PROCUREMENT PROCESS 3.1. SCHEDULE Refer to Table 3-1 for the target procurement schedule. The CITY reserves the right to modify the procurement process schedule at any time and for any reason. Notification of modifications will be posted on the CITY’s Purchasing Department’s website (www.cityofdelrio.com).

TABLE 3-1 TARGET PROCUREMENT SCHEDULE

RFP Issuance August 10, 2016 Bridge Visit-Not Required-By appointment only Aug 11-16, 2016 Question and Answer Period August 17, 2016 Questions #1 - Deadline for questions submittal Addendum - Response to questions August 24, 2016 Proposals Due September 9, 2016 Evaluation/Scoring Period Ends Oral Presentations (optional-at the discretion of the CITY within

evaluation period)

Contract Award (Anticipated) September 23, 2016 Notice To Proceed October 7, 2016 3.2. BRIDGE VISIT (OPTIONAL) CONTRACTORS will be provided the opportunity to visit the CITY of Del Rio International Bridge up to the date the proposals are due as stated in the Procurement Schedule. The CITY will not entertain any questions during site visits. CONTRACTORS are advised to contact the International Bridge Office, Margie Montez, Superintendent, telephone number (830) 774-8757, to schedule visits to project site. 3.3 QUESTION SUBMITTAL All CONTRACTORS intending to respond to this RFP will be permitted to submit questions in writing using the Question Submittal Form located in Exhibit D. This form can be submitted through email to the CITY’s RFP contact person on or before the dates shown in the Procurement Schedule Table 3-1. Questions and responses will be provided by the CITY as Addenda to the RFP (without divulging the source of questions) and will be posted on the CITY’s website. 3.4 EVALUATION AND SCORING PROCESS 3.4.1. PROPOSAL EVALUATION The CITY desires to enter into a Contract with the CONTRACTOR who best satisfies the overall requirements of this RFP and the needs of the CITY. Such CONTRACTOR may or may not be the lowest price CONTRACTOR. The CITY’s evaluation will focus on the strength of each Proposal in responding to the total impact, economic and otherwise, upon the Del Rio Bridge System’s operations. The CITY will consider all relevant factors, including time to complete the work, and all other guidelines in awarding of the Contract, if any award is made.



Proposals will be reviewed for conformance to the instructions regarding organizational format and responsiveness to the requirements set forth in the RFP, based on criteria set forth below. Any Proposal that fails to meet minimum requirements on this portion of the evaluation may be disqualified at the discretion of the CITY and will not be evaluated further. Proposals will be evaluated on the following at a minimum:

1. Requirements. Proposal will be opened after the Proposal submittal deadline and checked for completeness, responsiveness and conformance as specified within the RFP requirements. Only complete responses containing the required submittal documents and meeting minimum requirements will be considered. Minor omissions, inconsistencies or deviations may be waived at the CITY’s discretion. To be eligible for consideration, the CONTRACTOR must meet the intent of all RFP technical and price requirements. Compliance with the intent of all requirements will be determined by the CITY. Responses that do not meet the full intent of all requirements listed in this RFP may be deemed deficient. Responses that do not meet the minimum requirements set out in the RFP will be disqualified.

2. Omissions. CONTRACTORS are advised that the CITY is not obligated to ask for, or accept after the closing

date for receipt of Proposals, data that is essential for a complete and thorough evaluation of the Proposal.

3. References. The Proposal may be disqualified if the CITY is unable to verify qualification and experience

requirements from the CONTRACTOR’s references. The Proposal may be disqualified if the CITY receives any negative responses. The CITY will exercise its sole discretion and judgment with respect to the evaluation of references.

4. Exceptions to Terms and Conditions. Any Exception to the Terms and Conditions will be reviewed to

ensure that the CONTRACTOR would likely be able to enter into an acceptable Contract with the CITY. 5. Financial Information. The CITY will review the CONTRACTOR’s financial statements to evaluate the

sufficiency of the CONTRACTOR’s financial resources and ability to perform the Contract or provide the goods and services required in the RFP. The Proposal may be disqualified if the CITY finds the CONTRACTOR is not in good financial standing. The CITY will be the sole judge in determining the sufficiency of the CONTRACTOR’s financial resources and ability to perform under the Contract.

6. Price. CONTRACTOR is required to use the Price sheets provided to present their price. Other forms will

not be accepted. Price sheets must be completed in their entirety. Award of Contract shall be based on the “Terms and Conditions of the Request for Proposals” which is attached and make part of these specifications. Each CONTRACTOR will be expected to respond to each and every portion of this RFP in such a manner that the CITY’s staff can effectively review and evaluate the Proposals. The Proposals will be evaluated by a Selection Committee (the Committee) constituted of employees and officials of the CITY. The Committee may seek the advice of others in reviewing the Proposals received including, but not limited to, consultants and other advisors or designees. The Committee will be solely responsible for the Proposal evaluation and recommendation of award/no award to the CITY Manager and CITY Council.

Without intent to limit the scope of the Committee’s review process, the Committee will generally use the following process and general criteria to evaluate the Proposals. The CONTRACTOR selection will include a careful study of the presentation made in the Proposal in light of the criteria contained in this RFP, its Appendices, Exhibits, Attachments and Addenda, if any.



3.4.2. PROPOSAL EVALUATION CRITERIA Proposal Scoring In determining the best value for the CITY the following factors shall be considered in evaluating the Proposals:

RFP Section

Proposal Section

Criteria (Response to RFP Sections)

6 I.3 Qualifications -Firm/References -Key Personnel -Financial Stability/Resources

7 I.4 Technical Requirements -Roadside (vehicular) -Customer Service Center

8 I.5 Scope of Work -Project Management -Design -Factory Acceptance -Installation/Site Acceptance -Final Acceptance -Training -Maintenance

9 II.1 Price NA Other Information-Oral Presentations

Based upon all available information, the Committee will recommend to the CITY the CONTRACTOR that, in the opinion of the Committee, has provided a Proposal that best meets the requirements of the RFP. Upon action by the CITY, the successful CONTRACTOR will be tentatively designated as the CONTRACTOR. The CITY’s decision will be final. Part I-Technical Proposal The Technical Proposal evaluation process will consist of a quantitative appraisal and ranking of the Technical Proposals (RFP Sections 6, 7 and 8) in order to ascertain which CONTRACTOR best meets the CITY's requirements. The Technical Proposals will be evaluated on their material content and their responsiveness to the qualifications, technical requirements, and scope of work set forth in this document. The Committee will review and evaluate the Technical Proposals and the other related contract information submitted to ensure that the CONTRACTOR understands the Performance Specifications and Terms and Conditions, and has clearly expressed their intent to meet the requirements of the Contract. Part II-Price Proposal The proposed price (RFP Section 9) for providing the work outlined in this RFP shall be evaluated following the Technical evaluation process. Oral Presentations The CITY may invite compliant CONTRACTORS if necessary to participate in Oral Presentations. The Oral Presentations shall provide an opportunity for the CONTRACTOR to emphasize points considered critical and to address questions that arise in the question and answer process. CONTRACTORS should be prepared to make a presentation to the CITY which may include an operating demonstration of the proposed equipment and software.



4. BACKGROUND INFORMATION 4.1. BRIDGE OVERVIEW The CITY of Del Rio International Bridge provides a safe and efficient border crossing for all citizens and is a symbol of the cross-border relations that the city fosters with Ciudad Acuna, Mexico. The bridge was originally constructed in 1930, it was reconstructed in 1987. The International Bridge is owned and operated by the CITY of Del Rio, accommodating vehicular, commercial and pedestrian traffic. The bridge is four-lanes wide by 2,035 feet (620 m) long and includes two sidewalks for pedestrians. Del Rio International Bridge is open for crossing between Texas and Mexico 24 hours a day, seven days a week, and continues to have one of the shortest crossing times along the Texas-Mexico border making it the first choice for many tourists and businesses looking to enter into Mexico through Texas.



4.2. BRIDGE OPERATIONS Table 4-1 below summarizes the functionalities/operations of the Del Rio International Bridge as of June 30, 2016.

TABLE 1

Toll Collection Vehicles

Cash/AVI Traffic Distribution

90.2% Non-Commercial 4.4% Commercial 4.4% Bus/RV/Night Fare 1.0% Pedestrian

Vehicle Transactions-Daily

4,459 Pedestr ian Transactions-Daily

46

Toll Collection Pedestr ians

Cash Active Accounts 236

No. of Toll Lanes 4 Hours of Operation

7 days a week 24 hours a day

No. of Pedestrian Turnsti les

1 Customer Service Center Hours

Monday through Friday 8:00 AM–5:00 PM.

U.S. dollars and Mexican pesos (not greater than $100.00) are accepted in the manual cash lanes and at the CSC. Customers may open a pre-paid account at the Del Rio International Bridge office which allows tolls to be deducted automatically from this account when the patron crosses the bridge. Patrons opening an account are issued a barcode tag(s) which they may use in each lane. The tags are placed on the driver’s side windows and a laser scanner will pick up the barcode at the time of the crossing. • A prepaid account may be opened only at the Toll Plaza office using cash or check. To start an account a

minimum of $25.00 is charged for passenger vehicles and $100.00 for fleets. • The Automatic Vehicle Identification (AVI) tags may be obtained only at the Toll Plaza office, located adjacent

to the toll booths at the International Bridge. • Contact information and I.D. is required at the time of opening an account, although no formal application is

required. • Any check returned for insufficient funds is assessed a $30.00 service charge. • Patrons may obtain their account balance by calling the office, on their monthly statement or from the toll

collectors in the lanes. • Account Statements are provided on a monthly basis, or upon request.



Figure 4-1 Toll Schedule



5. EXISTING SYSTEMS TECHNOLOGY The CITY’S intent is to procure all new TCS technology for their International Bridge. This technology will be implanted into the CITY’S new Toll Plaza scheduled to be available for tolling system installation in late February 2017. The new system will be a turnkey solution including roadside (vehicular) collection as well as customer service and account management. Therefore no existing system technology will be reused.



6. QUALIFICATION REQUIREMENTS The CONTRACTOR shall describe their firm’s qualifications and their subcontractor’s qualifications, referencing specific similar projects that were deployed by these firms. The CONTRACTOR shall provide the minimum requirements for Qualifications as defined in this section. Qualification requirements consist of the following:

1. Firm Qualifications 2. Key Personnel 3. Financial Stability and Resources

6.1. FIRM QUALIFICATIONS 6.1.1. MANAGEMENT Sole CONTRACTOR or teamed firms shall demonstrate that they are qualified to manage the implementation of a TCS project similar or larger in technology, magnitude and scope to this project. They shall demonstrate their management expertise and financial wherewithal to properly design, test, implement, and provide training and maintenance. 6.1.2. FIRM INFORMATION/PROJECT CONTACT The CONTRACTOR shall provide the firm name, home office address, telephone number, former firm names (if any), for each firm which is part of the proposing team. If a firm has branch offices, state which offices will be performing the majority of the work. The CONTRACTOR shall identify the Principal in Charge (PIC) and the Project Manager (PM) and provide their contact information (office address, office telephone, mobile telephone and e-mail). The PM shall be the primary contact person for the project whereas the PIC shall be the corporate contact for the CITY. The PIC’s resume shall be included in the Proposal. 6.1.3. SUBCONTRACTORS The CONTRACTOR shall identify all proposed subcontractors for the project and specify their roles on the project. Use of subcontractors shall be disclosed clearly and the subcontractors shall be treated, for the purpose of the response to this RFP, as employees of the CONTRACTOR. The proposal shall clearly describe the work to be performed by each subcontractor, and the percentage of the total effort by value that the work represents. Subcontractor substitutions shall require CITY’s prior approval. The CONTRACTOR shall require subcontractors to comply with the terms and conditions of this RFP and the resulting Contract documents, including but not limited to the insurance terms set forth in this RFP. The same information required for CONTRACTORS is required for subcontractors. 6.1.4. SIMILAR PROJECTS-REFERENCES The CONTRACTOR shall provide a table of at least two (2) projects during the past ten (10) years that demonstrate similar responsibilities and technology. At least one (1) of the two (2) projects must include manual cash components. Each project identified by the CONTRACTOR shall include the name of the PM; a brief description including scope, system functionality, number of lanes installed, operated, and maintained; number of accounts



and transponders; project cost; project start and completion dates; and the name of the client’s project owner, a contact name and telephone number. The names provided will be used as reference checks by the CITY. 6.2. KEY PERSONNEL The CONTRACTOR shall provide the names and resumes of the PM and key personnel that are identified below. Resumes shall include at a minimum: education, professional registrations, years of experience, years with the firm, and relevant work performed by the individual. CONTRACTORS may use their own resume format as long as all the requested information is contained within the resume. Resumes shall be provided for the PM and all key personnel as an appendix to the proposal, however, summarized experience should be provided within the proposal. 6.2.1 PROJECT MANAGER The CONTRACTOR shall appoint a PM for the duration of the Contract who is capable of acting, and has the authority to act, on behalf of the firm. In this role the PM shall plan, organize, budget, and manage the project staff. This position is responsible for all aspects of the project and the project success. The PM shall be the key contact for the CITY for all project functions including being the focal point for all correspondence and liaison activities. This individual shall be the lead in ensuring all requirements of the program and the objectives of the client are met. The PM shall be onsite for monthly project meetings and full time during the implementation, transition and through final system acceptance, unless otherwise approved by the CITY. In cases where a change in PM is necessary, CONTRACTOR shall gain approval and permission from the CITY for any proposed change in project management. This person shall demonstrate experience in management of technology and software development projects. The PM shall have at least two (2) years of relevant experience. Information provided within the PM’s resume, to be located in an appendix of the proposal, shall demonstrate the manager’s background, knowledge, competence and experience with similar project areas in addition to education, professional registrations, years of experience, and years with firm. 6.2.2 KEY PERSONNEL The CONTRACTOR shall provide the names and resumes of the key personnel that are identified below.

• Application Development Manager • Installation Manager • Maintenance Manager

1. Resumes: Resumes shall include at a minimum: education, professional registrations, years of experience,

years with the firm, and actual work performed by the individual. CONTRACTOR may use their own resume format as long as all the requested information is contained within the resume. Resumes shall be provided for all key personnel as an appendix to the proposal, however, summarized experience should be provided within the proposal.

2. Roles: The proposal shall also highlight the role of key personnel assigned to this project, and their availability. The CONTRACTOR shall demonstrate that the technical team shall effectuate and complete the development of system requirements; detailed design documentation (DDD); hardware procurement; software development; implementation and testing; commissioning, transition, training,



and maintenance. The CONTRACTOR shall demonstrate its full commitment to the CITY’s goals in the proposed staffing selections.

3. Personnel Replacement: In cases where a change in key personnel becomes necessary, the CONTRACTOR

shall be required to gain approval and permission from the CITY for any proposed changes in personnel. CONTRACTOR shall submit to the CITY a written request for change in personnel and shall include the proposed person’s resume. Additionally, the CITY has the right to request a replacement of the PM and any key personnel, and the CONTRACTOR must comply.

6.3. FINANCIAL STABILITY AND RESOURCES All CONTRACTORS must furnish the CITY with financial documentation demonstrating that they possess adequate financial resources necessary for this project, to include ability to gain bonding and proof of insurance. To this end, the CONTRACTOR and subcontractors shall provide most current audited financial statements (not more than 12 months old) which shall include, but is not necessarily limited to, an Opinion of the Certified Public Accountant on the statement(s), a Balance Sheet, an Income Statement, a Statement of Cash Flows, Notes to Financial Statement(s), and other financial information necessary for the CITY to determine financial adequacy of the firm(s). A newly founded company should submit financial statements from each of the companies which partnered for this RFP. A parent company guarantee may be submitted but it must be supported with the required financial documentation. A parent company guarantee may NOT be substituted for the required bonds.



7. TECHNICAL REQUIREMENTS This section presents the minimum requirements for the two (2) primary TCS technical categories:

• Roadside (Vehicular) • CSC System

7.1. TOLL COLLECTION SYSTEM

The CONTRACTOR shall provide and install all equipment, readers, antennas, components, hardware, software, cabling, and any other materials and services required for the TCS. New Toll Plaza: The new Toll Plaza is designed to accommodate a typical 10 foot treadle frame if the selected CONTRACTOR chooses to install treadles as part of the design. If other axle counting devices are selected the CONTRACTOR will finish the toll lane with the appropriate concrete to maintain the integrity of the toll lanes.

Lifecycle: The CONTRACTOR shall provide the system and major components with a minimum service lifecycle of ten (10) years. All equipment shall be designed, installed and tested to operate without significant degradation for a minimum of ten (10) years. Environmental monitoring: The vehicular system shall monitor environmental conditions (power, temperature and humidity). Alarms shall be transmitted to MOMS support mailbox if the parameters are outside the acceptable limits. The alerts and notifications recipient should be configurable and in SMS and/or e-mail format sent to the technician on call and his backup. FFC License: In addition to the equipment and transponders the CONTRACTOR shall be responsible for the process of obtaining all FCC licenses on the behalf of the CITY.



7.2. ROADSIDE (VEHICULAR) TOLL COLLECTION SYSTEM

The Vehicular TCS determines discrete base toll rates based on:

a. Vehicle class (refer to Figure 4-1) b. Transaction type:

• ETC (transponder) • Cash

7.2.1. GENERAL

The TCS must comply with following requirements:

a. Installation in all four lanes. b. Functionality for both manual and ETC. c. Each lane shall operate independently from any other lane. d. Lanes shall be able to operate either as manual/ETC or as ETC only. e. ETC technology that is currently in use in the US today. f. Vehicle classification based on axle counts and vehicle types/profiles. g. Charge the proper toll amount based on the vehicle classification as determined by the collector for cash

transactions or by the post classification system for the ETC transactions. h. The TCS shall provide an audit function to allow for authorized staff to review collector classifications and

make any necessary adjustments to the tour of duty prior to report generation. i. Accept both U.S. Dollars and Mexican Pesos. j. Configurable parameter for the exchange rate for Pesos so that the rate may be changed by the CITY at

any time. This parameter will be used for system financial reporting. k. Collector reports that compare the collector classifications to the post classifications and reflect any

variances. l. Capable of determining the lane in which a vehicle is traveling when detected. m. If connection is lost from plaza/host, lanes must operate in a standalone mode for a period of 30 days. n. Utilize a transponder file received from the CSC to determine the status of all issued transponders. o. Transponder file updates shall be processed no less than every 12 hours. p. Read the transponders as the vehicle is entering the lane and determine if the transponder is valid or

invalid. i. If valid the system will change the lane signal to green and raise the gate. No collector input will

be necessary for a valid ETC transaction. ii. If invalid the system will default to a cash transaction.

q. Log all lane activities, including any anomalies and inconsistencies as well as all normal transactions, so that full activity reports can be prepared.

r. Connected to the Plaza computer system via an industry-standard network for data transfer and status monitoring.

s. A single lane controller shall control all components of the TCS for a single lane. t. Each lane controller shall be fully interchangeable with any other lane controller. u. Record a transaction for each vehicle entering a lane whether the lane is open or closed. v. Each transaction shall contain, at a minimum, the following information:

• Plaza ID (unique) • Lane ID (unique) • Transaction ID (unique) • Transaction type (cash, ETC) • Date and time of transaction • System classification of vehicle and amount due



• ETC account number if available (unique) • Toll attendant ID (unique) • Toll attendant classification of vehicle and amount collected • Payment type or method • ETC account number if available (unique)

w. Properly read an authorized transponder under all conditions for all equipped vehicles, including

motorcycles, bicycles, multi-axle vehicles, and vehicles with trailers, traveling at speeds from 0 to 25 miles per hour.

x. Provide a means for manual transfer of all data to and from the TCS, such as by removable media or by hand-held computer.

y. Require a login to activate the manual toll lane system and subsystems for toll attendant operation. z. Require the toll attendant to commit a transaction at the time proper payment of a toll is received for all

cash transactions. aa. Classify and determine the proper toll for each vehicle independently from the toll attendant and prevent

access to such information by the toll attendant. bb. In the event of a classification mismatch between the TCS and the toll attendant, the TCS shall send an

instant message to the Plaza. cc. The TCS shall notify the toll attendant when a valid transponder in good standing is detected for the

current vehicle. dd. Include maintenance diagnostics, which can automatically detect, at a minimum, component failures,

erroneous data, or impossible or unlikely input and generate an error or status message. ee. Prevent or eliminate cross-reads, double-reads, pass-backs or any other type of misreading of ETC

Transponders, including no-reads. ff. Provide five (5) portable handheld readers that shall be utilized in the lanes for capturing unread

transponders when not captured by the lane ETC subsystem. The reads must be automatically incorporated into the lane transaction.

gg. Ability for toll collector to manually classify a transaction (i.e. a bicyclist goes through a toll lane). hh. A Back-up and Recovery Plan for the TCS as part of their DDD. After the systems are deployed the

CONTRACTOR shall implement its Back-up and Recovery solution and shall test the systems accordingly.

7.2.2. ETC TRANSPONDERS

CONTRACTOR must propose a transponder that meets the following requirements:

a. At least one type of transponder that is transferable between vehicles. b. A service life of at least ten (10) years. c. Contain an identification or serial number on the front surface of the ETC Transponder, which references

back to the ETC account number and owner. d. Supply an initial inventory of transponders as follows:

i. 3,000 of the primary transponder type (may be sticker type transponders) ii. 250 which may be able to be transferred between vehicles.

e. Supply all necessary mounting supplies if needed such as Velcro strips or dual lock strips. 7.2.3. TRAFFIC CONTROL DEVICES

7.2.3.1. TRAFFIC CONTROL GATES

The CONTRACTOR shall supply in each toll lane a high-speed Traffic Control Gate integrated within the TCS



with the following requirements:

a. Capable of an adjustable operating speed between 1.0 seconds and 3.0 seconds up and down cycle time. b. Controlled via a logic signal from the lane controller. This signal shall cause the gate arm to rise and the

logic signal is reversed the gate arm shall be lowered. c. Safety sensing interlocking system that allows the arm to remain in the up position if a vehicle or

pedestrian is in the travel path of the arm. d. An aluminum gate arm with a rotating swing-off device, mounted on twin pillow blocks. e. Housing shall be designed from welded steel and treated with anti-corrosion agent. f. Processes no less than 15,000 vehicles per day. g. Override feature, which shall allow the Toll Attendant to manually open the gate in the event of a

malfunction. h. Open automatically and remain open during a power failure. i. Arms shall swing away when hit in closed position as supposed to break away. j. Easy to open if a manual override is necessary. k. Gate shall not reduce the minimum required throughput capacity specified in the Key Performance

Criteria. l. Open and remain in open position when Emergency Vehicle passage is required, as indicated by toll

collector via special classification key.

7.2.3.2. TRAFFIC SIGNAL

The CONTRACTOR shall provide and install a traffic signal in each lane for use in regulating the flow of traffic out of the toll collection lanes. Traffic signal function requirements, at a minimum:

a. Vertical red and green lights. b. Visible in all lighting and weather conditions to a motorist as they approach a tollbooth. c. Display red at all times until proper payment of the toll is received and acknowledged by the lane system

controlling the traffic signal, at which time the traffic signal shall display green until the motorist has passed the display.

d. For ETC customers with a valid account in good standing, the operation of the traffic signal shall contain a delay before displaying green, as described above, in order to slow motorists through the toll lane

7.2.3.3. LANE OPEN/CLOSED SIGNAL

The CONTRACTOR shall provide Lane Open/Closed Signal (SIGNAL) for use in indicating to patrons to which of the toll lanes/booths are open as manual toll lanes. The SIGNAL shall be mounted on the canopy and shall have, at a minimum, the following functions:

a. The SIGNAL shall have a red light displaying CLOSED and a green light displaying OPEN aligned vertically against a black background.

b. The SIGNAL shall be visible in all lighting and weather conditions to a motorist as they approach a toll lane/booth.



7.2.3.4. PATRON FARE DISPLAY

The CONTRACTOR shall provide and install an industry-standard Patron Fare Display (PFD) for use in displaying toll messages at all toll lanes. The PFD shall be installed on the traffic signal stanchion after the toll booth in full sight of the vehicle operator. The PFD shall provide, at a minimum, the following functions:

a. Display toll amount due for the current customer in view of the PFD. b. The “toll amount due” displayed by the PFD shall be based on the toll attendant’s classification of the

vehicle for manual toll transactions and shall be based on the AVC determination of classification for electronic toll transactions.

c. Display a zero amount due when the transaction is completed. d. In operation, the PFD shall briefly blank as the motorist approaches, display the toll amount due as the

motorist arrives at the toll booth, and display a zero amount due upon payment until the motorist has passed the display.

e. Indicate low account balances for ETC transactions, and shall indicate that the toll amount was charged to the ETC account by displaying “Paid ETC”.

f. Readable in all lighting and weather conditions to a motorist while in view of the PFD. 7.2.4. CASH COLLECTION EQUIPMENT

The CONTRACTOR shall provide and install an industry-standard Toll Attendant Station (TAS) within each manual toll lane tollbooth, provided by CITY, for the manual collection of tolls. The TAS shall provide, at a minimum, the following capabilities: a. Require the toll attendant to login to commence toll collection and logout to conclude toll collection. b. Allow the toll attendant to classify each vehicle and commit a transaction for that vehicle. c. Allow the toll attendant to override an ETC transaction, upon customer’s request to make payment by

means other than ETC, and process the transaction as a manual transaction. d. Provide visual and audible feedback to the toll attendant regarding manual toll lane activity, except for

the independent TCS classification and toll determination. e. Allow the toll attendant to accept US and Mexican Currency. f. Provide a receipt printer to allow the toll attendant to issue a receipt for payment, upon request. g. The receipt shall contain, at a minimum, the following information:

• Toll facility name, phone number, and business address • Plaza/Lane ID • Toll Attendant ID • Date and time of transaction • Toll attendant classification of vehicle • Amount of payment in dollars and cents both in US and Mexican currency • Type or method of payment

h. Allow the toll attendant to correct an error in classification by using the cancel key prior to the vehicle exiting the lane only.

I. For non-revenue vehicles the TAS shall allow the toll attendant to classify the vehicle with the applicable vehicle class. It will offer the attendant a non-revenue payment button which will then open a screen to select the organization which the non-revenue vehicle is associated. Once the organization is selected the system shall also allow for the capture of the unit number for the vehicle. The organization list shall be configurable by the CITY. Such organizations may include:

• Police



• Sheriff • City of Del Rio • Emergency Vehicle • Ambulance • Undercover • Border Patrol • Customs

j. Display the account balance on the MLT of the account associated with the transponder read when entering the lane.

7.2.5. LANE CONTROLLER AND ELECTRONICS

a. All materials, hardware, components, assemblies, and equipment provided by the CONTRACTOR for TCS shall be new.

b. The CONTRACTOR shall not use reconditioned, re-manufactured, or refurbished materials, hardware, components, assemblies, or equipment.

c. Computer system hardware shall be selected to maximize the period of manufacturer support.

7.2.5.1. CAPACITIES a. All system and subsystems of the TCS shall have sufficient processor, memory, and read/write data

storage capability for the operation of the TCS for the design life of the TCS. b. All on-line non-volatile data storage media shall have at least 50% free space at the time of Full System

Acceptance. c. All Uninterruptable Power (UPS) units shall be capable of easy expansion by at least 25% of the

anticipated need to accommodate future power expansion

It is the wish of the CITY that the lane controller for each lane be located in the IT room in the Plaza computer room. There is sufficient space in the tollbooth for the LEC cabinet for interface electronics.

7.2.6. DIGITAL VIDEO AUDIT SYSTEM (DVAS)

CONTRACTOR shall provide and install a fully functional and operating industry-standard Network IP DVAS for monitoring and digital recording of all monitored operations of the TCS. Digital video recorders shall be capable of transferring selected image streams to other authorized digital media devices. Minimum requirements for the DVAS follow:

a. Provide continuous full-motion video and shall be controllable by a single operator. b. Provide high quality imaging under all lighting conditions and shall prevent blooming due to light focused

or aimed at the cameras. c. Secured from unauthorized access, control, tampering, or disruption (including cabling). d. Provide the ability to visually verify critical activities, such as vehicle classification, in real-time as well as in

playback mode. e. Provide industry standard flat panel screens for the purpose of real-time monitoring of all active cameras

of the DVAS. At a minimum these real-time monitoring stations will be installed in the CITY Superintendent’s Office.

f. Provide the ability to be monitored by authorized CITY personnel via the internet. g. Provide for 90 days of data storage at a minimum.



7.2.7. POWER DISTRIBUTION

a. The CONTRACTOR shall provide all power cabling and connections from the Toll Plaza main-power panel to all TCS in the Toll Plaza.

b. All systems and subsystems of TCS shall be protected by Un-interruptible Power Supply (UPS) units capable of supplying conditioned electricity, suitable for the operation of TCS, during normal operations.

c. In the event of a power disruption, the UPS shall provide continuous stable power, suitable for the operation of TCS, for a period no less than 30 minutes. The separate Toll Plaza construction project will provide a standby generator and automatic transfer switch for use in case of power outages.

d. The UPS shall filter power to eliminate power spikes and under-voltages and shall report power problems and malfunctions to TCS.

7.2.8. PLAZA HOST

TCS shall include all systems and subsystems necessary to perform all data collection, manipulation, and reporting; communications; operations and maintenance monitoring, management, and control; and other similar Plaza level functions of TCS. The CONTRACTOR shall provide and install all equipment, components, hardware, software, services and connections, and any other materials and services required for this function consistent with the following requirements:

7.2.8.1. GENERAL

a. The architecture of the Plaza Systems shall be an open architecture based. b. The Plaza Systems shall allow networked access from the CITY offices. c. The Plaza Systems shall be centralized in the Administration Building. d. The CONTRACTOR shall provide appropriate computer environments for all Plaza Systems.

7.2.8.2. PLAZA COMPUTER SYSTEM

a. The CONTRACTOR shall provide a Plaza Computer System capable of managing and monitoring all operational and maintenance functions of TCS.

b. The Plaza Computer System shall provide centralized, on-line accessible storage of all operational data. c. The Plaza Computer System shall include maintenance diagnostics, which can automatically detect, at a

minimum, component failures, erroneous data, or impossible or unlikely input and generate an error or status message.

d. Plaza Computer System shall provide dynamic and table-driven control of the toll rate schedule and distribution to all lanes.

e. The Plaza Computer System shall provide all necessary toll audit, financial accounting/reporting, collector deposit, data center, transaction processing, and storage functions.

f. The Plaza Computer shall provide traffic analysis capabilities. g. The Plaza Computer System shall use relational database management system (RDBMS) to store in

accessible format all data generated during the operation and maintenance of TCS. h. The Plaza Computer System shall be networked to the Lane Systems and Administration Building

systems via high-speed data connections. i. The CONTRACTOR shall provide a fully featured workstation and high-speed network connection in the

CITY offices for the purpose of monitoring real-time operations and generating various reports. j. Such workstation shall be loaded with all software and hardware necessary to allow the CITY to monitor

all aspects of operations and to generate ad-hoc and standard reports.



7.2.9. MAINTENANCE ONLINE MANAGEMENT SYSTEM The CONTRACTOR shall provide Maintenance On-Line Management System (MOMS) with, at a minimum, the following functions.

a. The MOMS shall be a computer-based, database-driven maintenance monitoring and reporting system consisting of hardware and software to be furnished and installed by the CONTRACTOR.

b. MOMS shall accumulate and maintain maintenance information such as equipment status messages, malfunction alerts, equipment repair and maintenance logs, technician contact information, physical inventory, and other related information.

c. MOMS shall automatically detect system malfunctions. d. MOMS shall automatically notify the appropriate maintenance personnel of a malfunction immediately

following detection of the malfunction. 7.2.10. PEDESTRIAN TOLL COLLECTION SYSTEM INTERFACE The City will be adding two turnstile lanes at the new facility with one being handicapped accessible. The construction contractor will be supplying and installing the units at the new toll plaza as well as providing the ongoing maintenance. The toll system contractor will be required to interface with these units to obtain the necessary information for reconciliation and reporting purposes. The system shall generate automated and ad-hoc reports for pedestrian traffic and revenue with parameters being established by the CITY. 7.3. CUSTOMER SERVICE CENTER SYSTEM

The Customer Service Center System (CSC) shall be capable of providing all functions necessary for the customer service operations. The CONTRACTOR shall provide and install all equipment, components, hardware, software, integration, data services and connections, and any other materials and services required for this function consistent with the following requirements:

7.3.1. GENERAL a. The CSC system shall provide industry-standard ETC account services such as private, anonymous,

commercial, and non-revenue accounts consistent with CITY policies. b. The CSC system shall be capable of reviewing complete account histories. c. The CSC system shall be networked to all other system and subsystems of TCS. d. The CSC system shall secure all account information from unauthorized access or use. e. The CSC system shall remain in full compliance with the current Payment Card Industry (PCI) standards

throughout the life of the contract. f. The CSC system shall include a standard interactive Website which will support the following functions at

a minimum: i. Online account enrollment

ii. View and Edit all account information • Names • Address • Vehicle • Phone • Email

iii. Viewing all transactions on the account for a specified date range iv. Making replenishment payments



v. Changing payments methods vi. Changing notice delivery methods

g. The CONTRACTOR will submit a Back-up and Recovery Plan for the CSC system as part of their DDD to be approved by the CITY. After the systems are deployed the CONTRACTOR shall implement its Back-up and Recovery solution and shall test the systems accordingly.

h. The system will allow for accounts that have been inactive for a configurable amount of time to be purged from the system.

i. The CONTRACTOR shall install five (5) workstations at the facility building, as well as one (1) network laser printer and two (2) POS printers for the customer service area.

7.3.2. ETC ACCOUNT MAINTENANCE a. Account Maintenance functions shall include the capability to open an ETC account, revise or delete

information in an ETC account, close an ETC account, and provide refunds or adjustments. b. The CSC system shall support pre-paid and post-billing accounts. The CSC System shall support both

automatic account replenishment with valid credit cards, as well as onetime payments. c. The CSC system shall include all interfaces and equipment necessary to accept all credit card payment

types. d. ETC accounts shall support multiple ETC Transponders under one account name for any combination of

account types. e. The CSC system shall automatically notice account holders for such events as low-balance, credit card

expirations/declines, etc. Notifications shall be in the form of regular mail, email or TEXT whichever is selected by the customer.

f. The CSC system shall support standard fees to ETC customers for items such as returned checks, account maintenance, statement issuing, etc.

g. The CSC system shall be capable of automatically providing monthly, quarterly, and annual statements to all account holders via regular mail and email.

h. The CSC system shall allow account holders to stop receiving statements or to receive replacement statements.

i. Each statement shall contain a detailed accounting of all transactions and account activity for the statement period, previous/current balance information, and a message field suitable for posting toll-, account-, or promotion-related information.

j. The CSC shall generate a transponder file to be used by the TCS to determine the current status of the transponders read in the lane. The transponder file shall be updated and sent to the TCS no less than every 12 hours.

7.3.3. ETC TRANSPONDER DISTRIBUTION & TRACKING a. The CSC system shall provide all capabilities necessary for the procurement, testing, tracking, and

distribution of ETC Transponders. b. The CSC system shall include an ETC Transponder reader for the purpose of reading the ETC Transponder

and confirming the account holder and validity of the ETC Transponder. c. The CSC system shall track all activity associated with each individual ETC Transponders including, but not

limited to, in-service date, user history, warranty provisions, failures, etc.

7.3.4. SYSTEM REPORTING a. The CONTRACTOR shall provide a standard set of automated reports, as defined and approved by the

CITY, which shall be accessible at all times to the CITY in the CITY offices.



b. The CONTRACTOR shall provide the following initial report capabilities within the CSC: • Traffic Report (Daily, Monthly, Yearly) • Revenue Report (Daily, Monthly, Yearly) • Deposit Report (Daily, Monthly, Yearly) • Tour of Duty Report • Segment of Duty Report • Collector Performance Report • Plaza Messages Report • ETC Point of Sale (POS) Report for daily payments made • ETC Account Status Report (sorted by Account Name and Number) • ETC Account Summary Report • ETC Account Low Balance Report • ETC Account Statements (to be sent via the internet to Account Holders) • CITY Employees Report • Pedestrian Turnstile Revenue and Reconciliation Report • Non-Revenue Report • Fare Schedule Report • Other CITY Audit Reports

c. The CSC shall be capable of producing all necessary reports, subject to access privileges, at all times. d. The CONTRACTOR shall provide a standard report writer, which shall be capable of accessing all data

contained in the CSC and generating ad-hoc reports. e. All reports shall be able to be exported into Excel and PDF formats.

7.3.5. COMMUNICATIONS a. CONTRACTOR shall provide and install all data communications necessary for the operation of CSC. b. All data communications shall use industry-standard interfaces and communications protocols

appropriate for CSC. c. All local data communications for CSC shall be transmitted over closed, private networks and shall use

industry-standard error detection protocols. d. CONTRACTOR shall provide all connections and interfaces to third parties such as credit card processors

and merchants, Web host, banks, etc. 7.4. PERFORMANCE REQUIREMENTS

7.4.1 VEHICULAR TOLL COLLECTION SYSTEM

Reference Number Item Key Performance Requirement

Toll Collection System

KPI 1 Capability Plaza Host shall be sized for 40,000 transactions per day at start plus 10% per year. The contractors should size the system according to the given requirements. For plaza and lane-level equipment, it is important to have uniform component and subsystem designs in all locations.

KPI 2 Availability 99.99% availability with no more than 50 minutes down time per year excluding regular schedule maintenance down time.




KPI 3 No Loss of Transactions

The TCS shall ensure that no transactions will be lost even when associated with periods when communications with the Plaza Host are not available.

KPI 4 Stand-alone Mode The TCS lanes shall operate and process data in a stand-alone mode for thirty (30) days in the event the Plaza Host processor is off line or not functional.

KPI 5 Transaction Processing

Process transactions for posting in near real-time for both ETC and manual cash collection.

KPI 6 Storage The TCS shall retain all transaction messages received from the toll lanes for a minimum of ninety (90) days of transactions.

KPI 7 Date/Time Synchronization

Plaza Host shall synchronize all Plaza level systems and subsystems to the nearest 1/100 of a second.

KPI 8 No Loss of Transactions

The Plaza Host shall ensure that no transactions will be lost even when associated with periods when communications with the Toll Lanes are not available.

KPI 9 Processing Speed Process minimum of 500 vehicles per hour per lane.

KPI 10 Vehicle Presence Detection

100%

KPI 11 Properly Separate Vehicles

Equal or greater than 99.9%

KPI 12 AVC Accuracy Equal or greater than 99.8%

KPI 13 Response and Repair Times

Response time shall be within 2 hours from receiving the service call from the CITY. Mean times to repair shall be four (4) hours during the period of 6:00 a.m. to 9:00 p.m. Monday to Friday and a Mean Time to Repair of six (6) hours during all other times.

Electronic Toll Collection KPI 14 Transponder read

accuracy Correctly read all transponders travelling thru the toll lane at an accuracy rate of 99.99%.

KPI 15 Transponder association accuracy

Correctly assign the proper transponder to the vehicle at an accuracy rate of 99.95%.

7.4.2 CUSTOMER SERVICE CENTER SYSTEM


KPI 16 CSC Host Availability 99.99% availability. KPI 17 No Loss of

Transactions No transactions shall be lost during periods when communications with the Plaza Host is not available. Loading of transactions accumulated at the Plaza Host during the periods when communications with the CSC host were unavailable shall not reduce the ability of the CSC Host to load all near real-time transactions.

KPI 18 Transaction Processing

Process transactions for posting in near real time.




KPI 19 Monitoring and Reporting

The System shall provide functionality for monitoring performance on a near real time basis and the capability to see current and historical data and statistics – hourly, by shift, daily, monthly, quarterly and annual reporting.

KPI 20 Date/Time Synchronization

All computers and servers of the CSC shall be synchronized at a minimum to the nearest 1/100 of a second.

KPI 21 DBMS Processing Speed

At least 40,000 transactions per day at start plus 10% per year. Includes all associated ancillary messages.

KPI 22 DBMS Storage A minimum of online data volume equivalent to at least 3 years of transactions plus all associated ancillary messages at the specified daily processing rate of at least 40,000 transactions per day, plus all associated ancillary messages.

KPI 23 Response and Repair Mean Time To Respond and Repair of four (4) hours during the period of 6:00 a.m. to 9:00 p.m. Monday to Friday and a Mean Time to Respond and Repair of six (6) hours during all other times. Maximum time to respond – 2 hours

KPI 24 Coverage 24 hours a day, 7 days a week KPI 25 Web site availability

(including all requisite interactive links to external sites)

99.95% excluding scheduled maintenance downtimes.

7.5. PROJECT DOCUMENTATION The following documentation will be required for submittal.

• Project Schedule • Progress Reports • Business Rules and RTM • Detailed Design Document • Test Plan/Procedures/Test Scripts • Installation Plans/Procedures for Host and Field • CSC User manual • Toll Collector Manual/Training Materials • TCS Administration/User Manual • Maintenance Manual/Training materials • Transition Plan • Project Closeout • Final Acceptance – DRs, Reports • Operator and Reports Manuals • Installed Equipment List • Spare Parts List • Final Software Documentation • Final As-Built Drawings, Revised Cut Sheets, Equipment Inventory • Disaster Recovery Manual • Security and Disaster Recovery Plan



8. SCOPE OF WORK This section defines the CONTRACTOR’S minimum requirements pertaining to the following:

1. Project Administration 2. Phase I-Design 3. Phase II-Factory Acceptance Testing 4. Phase III-Installation and Site Acceptance 5. Phase IV-Transition 6. Phase V-Final Acceptance 7. Training 8. Maintenance

Where applicable, the CONTRACTOR must address the interface with the Pedestrian system. 8.1 PROJECT ADMINISTRATION The CONTRACTOR shall manage the development and implementation of all facets of the project including the Scope of Work items, as described within the RFP and as reviewed and approved by the CITY and/or its representatives. The CONTRACTOR shall schedule and monitor the progress of the project, and be prepared on any day of the Contract to show project progress to the CITY on demand. The same management procedures, protocol and requirements shall apply to all work in this Contract. 8.1.1 PROJECT MANAGEMENT

8.1.1.1. MONTHLY PROGRESS REPORTS

The CONTRACTOR shall prepare and submit monthly progress reports on the status of all major items and activities. The monthly progress report shall include an updated project schedule and identify all variances from previous schedule.

8.1.1.2. MONTHLY PROGRESS MEETINGS

Project progress meetings shall be conducted monthly at the CITY office, according to a schedule to be proposed by the CONTRACTOR and approved by the CITY. The purpose of these meetings will be to monitor progress, discuss design issues and plan for system installation, testing, transition and go-live. The meeting frequency and/or location may be adjusted with approval by CITY based on project demands.

8.1.1.3. MOBILIZATION CONFERENCE

The CITY shall schedule a mobilization conference within fourteen twenty-one (21) days of issuing a Notice to Proceed (NTP). An initial draft of the Project Schedule shall be submitted seven business (7) days prior to this conference.

8.1.2 PROJECT PHASES/MILESTONE SCHEDULE/PROGRESS PAYMENTS Tables 8-1 and 8-2 provide the Contract milestones by project phase and progress payment, respectively. CONTRACTOR shall submit proposed dates for each of the milestones listed in Table 8-1 below. The final milestone



schedule shall be approved as part of Contract execution. Project liquidated damages amounts and terms are described in Section 10, Terms and Conditions.

TABLE 8-1 MILESTONE SCHEDULE

Milestone Date

(To be provided by CONTRACTOR in Proposal) Notice to Proceed October 7, 2016 PHASE I-DESIGN Detail Design Approval PHASE II-FACTORY ACCEPTANCE Factory Test Acceptance Approval PHASE III-INSTALLATION/SITE ACCEPTANCE Installation Complete Site Acceptance Approval PHASE IV-TRANSITION Transition Complete PHASE V-FINAL ACCEPTANCE Final Systems Acceptance Documentation Approval

TABLE 8-2 MILESTONES PROGRESS PAYMENTS

Phase I Phase II Phase III Phase IV Phase V

Price No. Price Item NTP

DDD Approval

FAT Approval

Site Acceptance

Transition Complete

Final Acceptance and Documentation Approval

Administration/Management I.102 Project Management 10% 20% 15% 15% 15% 25% I.104 Documentation 10% 30% 15% 20% - 25% Vehicular Toll Collection System (includes interface with Pedestrian system) III.100s Hardware 5% 20% 25% 40% - 10% III.200s Software Design 5% 20% 25% 30% 10% 10% III.300s Installation/Testing 5% - 30% 35% 20% 10% CSC System II.100s Hardware 5% 20% 35% 30% - 10% II.200s Software Design 5% 20% 35% 30% - 10% II.300s Installation/Testing 5% - 30% 35% 20% 10% Maintenance II.401 III.601

Maintenance Base Begins after Final System Acceptance Approval for a duration of seven years

II.402 III.602

Maintenance Options Three one-year options



8.1.3 QUALITY ASSURANCE/QUALITY CONTROL Although the CONTRACTOR will not be required to deliver a Quality Assurance (QA) and a Quality Control (QC) Plan as part of the ongoing coordination of the project, they will not be released of QA/QC responsibilities. CONTRACTOR will be required to QC specific requirements of software, hardware, ETC and installation; tracking project scope defined within the Business Rule- Requirements Traceability Matrix (BR-RTM); the Project Schedule; and the budget. Any QC findings that submit the project to any schedule or financial risk will be reported to the CITY in writing. The purpose of QC is to assure the CITY that the new System meets all of the requirements, commitments, and operational expectations in every way a qualified system is designed to perform. 8.1.4 PROJECT DOCUMENTATION DELIVERABLES Scope of Work for this project includes project schedule and documentation of system design, testing, installation and follow-up documentation (as-built drawings, manuals, etc.), as well as installation plans and shop drawings. These are required deliverables that shall be utilized for the testing, installation and traffic control for the project. Documents must be submitted in softcopy (Word and PDF format) and hardcopy. Project Schedule After NTP a detailed Project Schedule must be submitted to the CITY five (5) business days prior to the mobilization conference. The CONTRACTOR shall build initial and updated project schedules with the milestones in Table 8-1 as baseline dates. The schedule presented in Table 8-1 is for planning purposes only. A final milestone schedule shall be developed during contract negotiations. The CONTRACTOR shall prepare the Project Schedule in either MS Project or Primavera Suretrak and in pdf format in adequate detail to coordinate and control field activities outlining the order in which they propose that work shall be performed. The schedule shall be used as a basis for progress tracking throughout the course of work. A summary schedule is to be used in the progress meetings to show work progress over the last month and project work for the next month. The CONTRACTOR shall use all practical means to meet all milestones on the approved Project Schedule. If the CONTRACTOR continually fails to meet the Project Schedule, the CONTRACTOR shall present a mitigation plan for CITY approval to bring the Project back on schedule. Such plans shall be at no additional cost to the CITY and may include such items as:

• Perform overtime work; • Increase the number of personnel assigned to the project; and/or • Make adjustments to processes or procedures to increase efficiencies.

If an increase in the Schedule arises due to circumstances beyond the CONTRACTOR’S control, the CONTRACTOR shall submit a revised project schedule within ten (10) days after it becomes known to CONTRACTOR. Any failure or delinquency in submission of the schedule shall be treated as default on the part of the CONTRACTOR, who will then become liable for all possible actions which can be taken, including withholding of any payments due on the Contract. Project Documents All documentation produced for this Contract for manuals, software and other written text shall be produced in Microsoft Office compatible software, such as Microsoft Word. Each page of written text shall include a footer that shall indicate the Contract number, pagination number and issue date or latest revision date of the document.



Unless otherwise provided for elsewhere in the Contract, all documentation provided by the CONTRACTOR to the CITY shall become the property of the CITY. This includes, but is not limited to:

a. Working notes, b. Shop drawings, c. As-Built drawings, d. Graphs, e. Charts, f. Illustrations, and g. Plans and Manuals created under this Contract.

It shall be understood that the CITY owns the intellectual property rights of all such documentation to be used for its own purposes and that all information contained within the documentation can and will be used by the CITY, its consultants and contractors, on the CITY’s toll collection projects. No restrictive statements to the contrary will be accepted.

The CONTRACTOR shall submit shop and working drawings for review and approval by the CITY for all work items in the Contract. Each submittal shall be transmitted as an enclosure to a submittal letter from the CONTRACTOR.

The documentation for the Detailed Design Document, and all revisions shall be submitted as necessary for review and approval by the CITY. Each submittal shall consist of an original and at least two (2) copies unless a higher quantity is specified elsewhere.

The CONTRACTOR shall submit various shop and working drawings as required. The submittal of these drawings shall include:

a. Equipment layout and block diagrams illustrating the equipment and Subsystem configurations. b. Outline and installation drawings with references to methods of mounting and any restrictions or

precautions that must be considered in the installation of the equipment provided or other equipment the CITY may wish to add at a later date.

c. Top assembly and subassembly drawings shall include all dimensions that define the outline and configuration of the items.

d. Space requirements and dimensions of all access doors, covers and removable racks or slide mounted equipment.

e. Logic diagrams, schematics, wire lists, printed circuit board artwork, internal and external wiring diagrams, cable wiring information and field interconnection details for all electrical and electronic drawings.

f. Revisions, changes and/or modifications made to standard commercial products.

g. All major assembly and subassembly details together with all special instructions, timing charts, operational and test adjustments.

h. Fabrication drawings for all custom designed assemblies and subassemblies. Refer to Table 8-3 for project documentation requirements for the Vehicular TCS and CSC system.

TABLE 8-3 PROJECT DOCUMENTATION

Project Administration Project Schedule Project Reports



TABLE 8-3 PROJECT DOCUMENTATION

Phase I Design Business Rules and RTM Detailed Design Document (Roadside/Pedestrian Interface/CSC) Phase II Factory Acceptance Test Plan/Procedures/Scripts (FAT/SAT) Phase III Installation/Site Acceptance Installation Plans/Procedures for Host and Field CSC User Manual Toll Collector Manual/Training Materials TCS System Administration/User Manual Maintenance Manual/Training Materials Phase IV Transition Transition Plan Phase V Final Acceptance Project Closeout Final Acceptance – DRs, Reports Operator and Reports Manuals Installed Equipment List Spare Parts List Final Software Documentation Final As-Built Drawings, Revised Cut Sheets, Equipment Inventory Disaster Recovery Manual Security and Disaster Recovery Plan

Support Documentation The CONTRACTOR shall provide all product documentation that is delivered with a specific product such as a power supply, modem, printed circuit card, electronic module or mechanical assembly. The documentation shall consist of all instruction sheets, schematics, assembly drawings and parts lists. The parts lists may be incorporated into the MOMS or may be provided separately. All material listed in the parts lists shall be identified by part number, size, type, model, shape or other descriptive nomenclature, together with the component or part source vendor’s name and/or product identification. Component part numbers without descriptive information will not be accepted. Second sources for all standard commercial components, parts, subassemblies or assemblies shall be provided. 8.2 PHASE I – DESIGN The CONTRACTOR shall provide the following documents during Phase I for the CITY to review and approve. The CONTRACTOR shall provide minutes of all meetings and will address and track all comments submitted and discussed by the CITY. It is assumed that all meetings will take place at the CITY office. The CITY may elect to record the meetings. 8.2.1 DETAILED DESIGN DOCUMENT (DDD) The Detailed Design Document (DDD) shall be 100 percent (100%) complete in order to address all systems and functions as requested in this RFP and any modifications made during DDD development. During DDD development the CONTRACTOR will submit a Draft DDD for review and comment by the CITY. The CITY requires a



review and comment period of five (5) business days to be incorporated in the detail schedule. A DDD meeting will be held for a detailed review of the Final DDD and Plans, assuming the CONTRACTOR has implemented the changes requested. The proposed Final DDD must be received from the CONTRACTOR two (2) weeks in advance of the meeting. This will allow the CITY to review the documents in detail prior to the meeting. Software: Software documentation to be included in the DDD for all application software shall include, but not be limited to the following:

• A detailed description of software for each major Subsystem, including data flow and all diagrams as necessary to clearly identify the software structure and the relationship between individual application programs;

• Narratives also shall be provided which describe each function of all programs and the relationship of each program to the overall System. This would include how each program is called, how it calls other programs and data areas which are accessed by the program;

• Formats of files, messages and data areas used by one or more programs and the data areas accessed from all present external systems, screen layouts and formats; and

• Documentation of all command, batch or other files used in the compilation, linking, loading and execution of application software.

• All workstations must also allow Microsoft Office to be used in addition to the TCS and CSC systems. The software documentation shall be of sufficient detail to allow the application software to be maintained and modified by others, if desired, after System Acceptance. The failure to detect any functional deficiencies in the software documentation, or approvals given, will not relieve the CONTRACTOR of any responsibilities under the Contract.

For Subsystem applications, operating system software, communications programs, assemblers, compilers, and utility programs used to develop and operate the System, the manufacturer’s standard manuals shall be provided. The most current version of operating system software, with the highest level of manufacturer support at the time of equipment installation, shall be provided. This documentation, other than the application software described above, shall be provided to the CITY at the time that equipment installation commences 8.2.2 BUSINESS RULES-REQUIREMENTS TRACEABILITY MATRIX (BR-RTM) The CONTRACTOR shall provide a matrix that compiles business rules and technical requirements to be used throughout project development, and to allow for contract compliance monitoring. The BR-RTM shall include all contractual requirements, business rules and functionalities with references for each item to the design documents and through to the test scripts. The CONTRACTOR shall provide a BR-RTM and hardware cut sheets to the CITY two (2) weeks upon approval of the DDD. The CITY will review the BR-RTM and hardware cut sheets for compliance and provide feedback if necessary for finalization and approval. The comment/response period necessary to finalize these documents shall not exceed two (2) weeks. 8.2.3 HARDWARE CUT SHEETS The CONTRACTOR shall provide a tentative Bill of Materials and hardware cut sheets for the project. The hardware design shall identify how the hardware components meet requirements in the BR-RTM, will tabulate power and environmental requirements, installation requirements, servicing requirements, as well as how the function of the hardware components will be monitored by the system and tested. This document set shall be updated during the design development of the project.



8.3 PHASE II – FACTORY ACCEPTANCE Factory Acceptance Testing (FAT) shall be conducted during system development to confirm that performance and functional requirements, hardware and software are consistent with the RFP and that all components are properly integrated in a controlled environment. Simulated Test Data, with known results will be developed to simulate, via computer a variety of actual conditions including maintenance, traffic and revenue reporting. The communication system shall also be simulated. The results of the FAT must be successfully accepted before equipment can be installed in the field. The test program, i.e. the design, conduct and review, shall be conducted and evaluated by the CONTRACTOR under the observation and review of the CITY or its designees. The CITY retains the right to conduct ad hoc tests of the TCS and CSC systems as pieces are installed, to include “design to fail” tests. 8.3.1 TEST PLAN-PROCEDURES-SCRIPTS The CONTRACTOR shall prepare a document that defines the Factory Acceptance test plan, test procedures and test scripts (FA-PPS). The Test Plan section will include at a minimum:

a. Testing site and layout b. Testing approach c. Testing schedule d. Detailed test scripts for all functionality with expected results e. Data set descriptions f. Testing documentation g. Success/failure determination h. Issue mediation

The test procedures and test scripts within this document will be used to execute the test plan, with instructions for the test team and evaluators.

The CONTRACTOR shall be required to develop Test Procedures-Scripts for Factory Acceptance. These must be designed to show the functionality of the system and to stress the system. The Test Procedures-Scripts should also be tied to the BR-RTM. The system’s functionality, accuracy, capacity, all modules, interfaces, and ease of use will be tested. The CONTRACTOR must provide simulated transaction data that will be mimic the CITY’s current and anticipated future conditions. The CONTRACTOR shall address issues as the test continues. The Factory Acceptance Plan-Procedure-Script document must be received three (3) weeks prior the FAT. The CITY will review this document in detail and return them to the CONTRACTOR one week prior to the FAT. The CONTRACTOR shall provide minutes to all meetings and will address and track all comments submitted and discussed by the CITY. 8.3.2 DISCREPANCY REPORTS In the review of the conduct of each test level, there will be a results evaluation phase. The Discrepancy Reports (DRs) shall result from the evaluation of the test procedures that did not pass. It should be assumed that there will be DRs to be documented which require repeat testing. All retesting should be completed within two (2) weeks. All tests at all levels and all DRs should be corrected and accepted prior to Final Acceptance Testing. 8.3.3 TEST DATABASE The CONTRACTOR shall develop and maintain separate test databases throughout the duration of all testing for all toll collection applications and the customer service center, separate and distinct from the live database.



8.3.4 ROADSIDE (VEHICULAR) TCS FAT The CONTRACTOR shall specify their proposed approach to FAT including how special simulation and test facilities shall be used for the FAT. The CONTRACTOR shall describe all proposed support software and hardware to be used during the FAT. The FAT shall be conducted in accordance with the CONTRACTOR’S approved FA-PPS. The FAT will be observed and evaluated by the CITY and its representatives. The results of the FAT must be successfully accepted before the CONTRACTOR may install equipment or software. The FAT may be conducted at the CONTRACTOR’S facility, if approved by the CITY, and the FAT shall test all functional requirements, including at a minimum:

• Functionality of all lane equipment, which must include ETC and other vehicle separation and classification subsystems, such as the treadles, loops, laser scanner, etc.

• Functionality of all booth equipment, including the Toll Terminal and receipt printer • Functionality of all other toll area equipment and subsystems, including gates, traffic lights, and DVAS • Functionality of Plaza Host Computer equipment • Transaction processing, including communication and functionality between the lane equipment,

Plaza Host computer, and CSC Host Computer • Functionality of the Plaza Host Computer • Real time display of lane activity to the Plaza Host

All Vehicular TCS FAT requirements shall be tracked within the BR-RTM which map each requirement to the DDD and the appropriate FAT test script. Approval of the FAT shall in no way reduce or eliminate the CONTRACTOR’S full responsibility to resolve any problems and make the TCS work in full conformance with the requirements of this Contract. Nor shall it limit the rights of the CITY to bring toll system problems to the attention of the CONTRACTOR at a later time. 8.3.5 CUSTOMER SERVICE CENTER SYSTEM FAT The CSC system shall use a test environment to check the integration and function of all the CSC components outlined in this RFP, such as:

a. Ability to pull transactions from a test TCS Host server, b. CSC functions, c. Web server basic functions related to automated responses and automated database access, d. Populating the thin client application for management reviews, reports and dashboards, e. Populating the thin client application for CSC operations at remote sites, and f. Required Report generations.

All CSC requirements shall be tracked within the BR-RTM which map each requirement to the DDD and the appropriate FAT test script.



8.3.6 FAT APPROVAL Any TCS functions defined in this Contract shall be subject to detailed testing and verification during the FAT. If, in the CITY’s judgment, the FAT indicates that the TCS-CSC equipment (lane), and software appear to be functioning satisfactorily, in accordance with a pre-defined and approved FA-PPS, and all functional and technical requirements of the Contract are met, the CITY will issue written approval of the FAT at which time the CONTRACTOR will be authorized to submit an invoice for the FAT milestone payment. This Approval of the FAT shall in no way reduce or eliminate the CONTRACTOR’S full responsibility to resolve any problems and make the TCS work in full conformance with the requirements of this Contract. Nor shall it limit the rights of the CITY to bring toll system problems to the attention of the CONTRACTOR at a later time.



8.4 PHASE III – INSTALLATION/SITE ACCEPTANCE

8.4.1. INSTALLATION After the CITY’s approval of FAT the CONTRACTOR shall submit installation plans and shop drawings for toll lanes, for the CITY’s review and approval, as well as installation team direction. The CONTRACTOR may begin shipment of equipment to the project sites and to begin the installation phase. No actual equipment installation activity shall take place on site until FAT and installation plan approval has been obtained. Any pre-FAT approval installation activity shall be approved in writing. The CONTRACTOR shall coordinate installation activities with the CITY and any other entity required to properly complete the installation phase. The CONTRACTOR shall field test each lane after it is installed to ensure that it is working properly and that all interfaces are complete. The CONTRACTOR shall take all necessary precautions to see that no damage is done to any existing structures due to their operations. In the event that any structure is damaged due to the CONTRACTOR’S activities, such damage shall be repaired immediately at the CONTRACTOR’S expense and to the satisfaction of the CITY.

1. Installation Plans and Shop Drawings: The CONTRACTOR shall prepare installation plans and shop

drawings for the Roadside (vehicular) TCS and CSC systems, and provide them to the CITY to review and approve.

a. Host and CSC Hardware: The CONTRACTOR shall provide detailed installation instructions for

hardware to be provided under this Contract, to include the servers, network hardware, LAN / WAN equipment, and workstations. These shall show the rack configurations and physical and logical networking of, among other things: • Networking and interface requirements • Installation, housing and environmental requirements for each component, showing proper

location and equipment placement and rack diagrams • Cabling and terminations requirements • Work station and CSC hardware configuration and layout • Component software configurations, drivers and switch settings • Proper handling and placement details

b. Toll Collection System Hardware: The CONTRACTOR shall provide detail installation instructions for

TCS hardware provided under this Contract. These drawings shall provide, among other things: • Standard networking and interfacing requirements for all components • Standard installation, housing and environmental requirements for each component, showing

proper location and placement of equipment • Controller hardware configuration (drives, boards, types and amounts of memory, port types and

equipment linked to it) • Any applicable component software configuration, drivers, switch settings • Proper handling and placement details

2. Installation Punch List: This list refers to the checklist of installation and work items resulting from the

walkthrough with the CONTRACTOR and the CITY, to address, but not be limited to, system function issues but also issues of completion, workmanship, thorough protection and complete sealing of all possible penetrations of water and roadway grime, and complete site restoration after construction.



8.4.2. SITE ACCEPTANCE Site Acceptance includes functional testing of the Plaza Host, toll zone, lane components, pedestrian toll collection interface and CSC system individually and as a toll system, as well as inspection to verify proper materials and proper installation of those materials have been provided. Site Acceptance Testing (SAT) is intended to demonstrate the hardware and all subsystems are ready for revenue collection operations. It tests all the system functionality, and the equipment, software and communications interfaces under field conditions. Site Acceptance testing shall also include scripted tests. Scripted tests use vehicles with predetermined characteristics to simulate actual conditions with predictable results. Testing shall also include the system report generation. The communications system shall be tested under actual conditions. The operational tests must be successfully completed and accepted before the System can be placed in full operation. The CITY may run any test routing on an ad-hoc basis from the FAT series and expect the System to perform correctly when the System is in installation, operation or maintenance. Any remedial work required by the CONTRACTOR shall be included in the scope of the project at no additional compensation to the CONTRACTOR. “Commissioning” means that the CITY will allow the system to be placed into revenue collection operation. It has not yet passed the system performance evaluation, but does appear to meet all the system design requirements after installation. The CONTRACTOR, under the CITY’s supervision, shall fully test the toll equipment in the field prior to initiation of toll collection operations. This testing shall include individual lane equipment, communication networks and any other reasonable test that may be required to verify proper functioning of the TCS. As the lanes are commissioned and the lane performance and system performance requirements are met, the CITY will allow the project or project section to be opened to toll collection operations.

1. Site Acceptance Test Plan: The CONTRACTOR shall prepare the SAT Plan which shall define the acceptance test program, procedures and scripts to exercise all components and ensure all requirements are met.

a. Functional tests of:

• TCS for vehicles • Interface with pedestrian TCS • CSC system components

b. Inspection of materials and installation for approval c. Equipment, software and communication interface tests d. System report generation e. Ad-hoc tests (may be required by CITY)

8.5 PHASE IV – TRANSITION The CONTRACTOR must provide their approach for transition that minimizes risk to all toll collection operations and interruptions to customer service. A Transition Plan for CSC shall be developed and will include a section detailing the tasks, their sequence, dependencies, responsibility assignments, list of reports that will be used to validate accurate transition, and timing required to transition the CSC components from its pre-production state to a full production state (production cut-over). This section shall include, but not be limited to:

• Deletion/archiving of test/pre-production data • Verification of all account balances and information



• Verification of all application configuration parameters and support tables • Verification that all CSC processes are operating properly • Verification that all CSC components are operating properly • Verification of all user access to the CSC • Transition from bar code tags to RFID transponders • Verification that all CSC software is the latest production release marked as such in the version control

system 8.6 PHASE V – FINAL SYSTEM ACCEPTANCE

8.6.1. APPROACH Upon completion of the transition period, a three (3) month period of observation and evaluation of the new system running concurrently with the current system (dual systems for the CSC) under actual use will commence and be monitored by the CONTRACTOR, CITY staff and representatives. The CONTRACTOR shall be required to fully support and maintain the new system. CITY will be responsible for existing system operations during this evaluation period. Any problems detected during the monitoring of the new toll system shall be immediately brought to the attention of the CONTRACTOR for remedial action. Periodic meetings will be held to determine the status and resolution of the DRs. Additional monitoring may be conducted after discrepancy resolution. System Critical deficiencies detected during the monitoring phase must be resolved prior to progressing to final acceptance. For successful completion of Final Acceptance, the new system must initially function for a continuous thirty (30) calendar day period with no “major failures” or system performance below specification levels as defined in Section 8, during the three (3)-month period. “Major failures” are defined as interruptions to revenue, operations or loss of data. The thirty (30)-day clock shall restart any time major failures are detected. During this period, the entire system shall be analyzed under actual operating and toll revenue collection conditions to determine efficiency of the System, the incorporation of administration and accounting controls (internal controls), the audit and reconciliation of data, and the compliance of the installed system with the RFP specifications. All reports shall be analyzed for accuracy. Approval will not be granted until the reporting system is performing to requirements.

8.6.2. FINAL SYSTEM ACCEPTANCE DOCUMENTATION During the Final System Acceptance (FSA) period all functionalities shall be monitored by the CONTRACTOR, CITY staff and representatives. Deficiencies of the system shall be documented with sequentially numbered Discrepancy Reports (DR). DRs shall provide a narrative description of the issue, a priority rating and a date that corrections shall be completed. Periodic meetings will be held to determine the status and resolution of the DRs. Additional tests may be conducted after discrepancy resolution. System Critical deficiencies detected during any type of test must be resolved prior to progressing to the next stage of acceptance. Reports shall be generated for each test conducted. A detailed report shall be produced after Final System Acceptance testing. The CONTRACTOR shall provide, in written and soft copy, the Documentation outlined in Table 8-3.

1. As-Built Drawings: The CONTRACTOR shall provide a complete set of reproducible transparencies for installation furnished under this Contract. There shall be four (4) each full size and half size complete sets



of blue-line prints for all equipment furnished and installed. The sets shall include all schematics, logic diagrams, layouts, wiring diagrams, assembly drawings, and parts detail drawings for all mechanical parts designed or modified for the Contract. All interface details shall be provided by the CONTRACTOR in order that the CITY may have a complete record of the As-Built status of the equipment.

Drawings contained in standard catalogs and manuals for commercial products do not have to be reproduced as part of the As-Built drawing sets. All drawings for revisions to commercial assemblies or components shall be included in the As-Built drawing set.

2. Manuals: All manuals required for this Contract shall be readable by persons possessing a high school

level education. Required manuals shall include, but not be limited to those listed in Table 8-3. Draft copies of all manuals that are not standard commercial catalogs shall be submitted for approval prior to the final printing. Wherever possible, all data shall be printed on 8½ inches by 11 inches sheets with any foldouts on 11 inches by 17 inches sheets. The manuals shall be assembled in three-ring binders with the title of each manual stamped or printed on the front and spine of the binders.

Tab indexes shall be provided for each major section of the documentation for which data is submitted and also for each section of major classification of equipment. All index tabs shall be a permanent part of a durable semi-rigid index sheet and shall have a permanent fold just inside the bound edge to facilitate opening and closing any portion of the manual. The left hand margin of the sheets shall be adequate to ensure binding without encumbering the reading of any sheet.

Each manual shall contain a title sheet, an index, a table of contents, a glossary, a list of illustrations (if applicable), a list of reference drawings (if applicable) and a parts list (if applicable).

Standard service manuals for commercial products used for the equipment will be acceptable only if they contain sufficient information to service the equipment.

a. Disaster Recovery Manual: This manual should serve as a comprehensive approach to Backup, Security and Disaster Recovery, including converting day to day operations to an off-site facility. The CONTRACTOR should keep Backup, Security and Disaster Recovery documentation up to date and provide copies to the CITY. The disaster recovery and business continuity plans should be tested regularly by the CONTRACTOR with the CITY. In the event of Disaster Recovery it should be seamless and automatic.

b. Operations Manuals: The Operations Manuals shall serve to assist in the training of personnel

and to provide documentation of the proper operation of the systems. Manuals are to be submitted for review, comment, and final approval to the CITY within a sufficient timeframe so that approval is granted prior to the beginning of the Final Acceptance period.

8.6.3. APPROVAL

If the System is considered to be operating successfully for a continuous thirty (30)-day period in compliance with Contract requirements at the conclusion of the Final Acceptance monitoring period, the CITY shall provide the CONTRACTOR with a written notice of Final System Approval. Additionally, the CONTRACTOR shall provide a final parts list (including vendor/manufacturer, contact information, and part specific information) and a final system acceptance DR history log.



The dual systems (new and existing) shall continue to run concurrently until approval of the new System is granted by the CITY.

Upon the receipt of final acceptance approval, the CONTRACTOR shall provide all project closeout documents within thirty (30) days of the approval.

8.7 TRAINING The CONTRACTOR shall establish a training program for all the systems implemented (Vehicular TCS and CSC). The focus of the training program shall be two-fold; 1) “train the trainers”; and 2) instruct CITY staff in usage of the new systems. CONTRACTOR training shall provide an overview of design, operations, and maintenance of the systems. The CITY will provide a listing of designated personnel to whom the CONTRACTOR shall provide training and which persons will be designated as CITY trainers subsequent to the completion of the training course(s). The CONTRACTOR shall furnish these training sessions at a location in Del Rio, Texas to be specified by the CITY. The CONTRACTOR shall furnish all training materials and handouts in a three-ring notebook. The CONTRACTOR shall make annual updates to the training program as necessary during the maintenance periods of the Contract.

1. Schedule and Course Syllabus: CONTRACTOR shall prepare a detailed training schedule and course syllabus, including a list of materials need for the training. This information will be submitted for approval by CITY staff no later than two (2) weeks prior to the proposed dates of training. CITY staff will review and request modifications as necessary and will formally request those courses to be modified prior to training. The CONTRACTOR shall provide all equipment and materials required for training sessions.

2. Session Contents: The CONTRACTOR shall provide a series of training sessions, which shall include a

combination of classroom lectures and hands-on operational and maintenance education for the attendees. The Operations and Maintenance manuals shall form the foundation for those training elements to be provided in the classroom training sessions.

3. Training Manuals: The CONTRACTOR shall provide Training manuals for each major component of the

System. All manuals are to be kept up to date by the CONTRACTOR during upgrades or any modifications to the system. Manuals shall be provided in hardcopy and on CD and online if available:

a. Operations Manuals – These manuals shall serve to assist in the training of operations personnel and

to provide documentation of the proper operation of the systems. b. System Administration Manuals – These manuals shall serve to assist in training the System

Administrator in all elements of operating and maintaining the System including generating reports, configuring components of the system, developing system performance metrics, etc.

c. Maintenance Manuals – These manuals shall be comprehensive manuals that address all hardware and software components of the various modules of the system. This document should specifically address preventive maintenance, pre-emptive/predictive maintenance, routine maintenance, etc.

d. Disaster Recovery Manual – This manual will serve as a comprehensive approach to Backup, Security and Disaster Recovery, to assist staff in converting day to day operations to an off-site facility.

4. Maintenance Training Plan: The CONTRACTOR shall submit a Maintenance Training Plan for approval by the CITY. This Maintenance Training Plan shall describe the roles and responsibilities of personnel assigned to manage and monitor the TCS program. Maintenance Training shall be oriented toward diagnostic, preventive and remedial procedures. The emphasis shall be with hands-on training time on the equipment. The course material shall be the service manual(s), parts list(s), catalog(s), applicable software and as-built drawings.



The object of the Maintenance Training Plan shall be to provide instruction in Preventive, Predictive and Corrective Maintenance using diagnostic procedures, proper troubleshooting techniques and localization of failures to a module or sub-assembly level using documentation and maintenance aids. There shall be a class on the use of statistical information to aid in Predictive Maintenance. The Maintenance Training Plan shall also instruct designated personnel on full use of the Maintenance Online Management System (MOMS).

The maintenance personnel shall be trained at a location in Del Rio, Texas to be specified by the CITY. The maintenance personnel shall be tested in the use of diagnostic programs with hands-on time with these programs to demonstrate the capabilities of the program. The CONTRACTOR shall furnish each individual a Maintenance Manual to be retained. The system maintenance session shall overview configuration, setup, and installation of the equipment and software provided under this project. Specifically, it will include:

a. Explanation of system commands and functions b. Hands-on operations of the hardware and software c. Preventative maintenance procedures d. Troubleshooting techniques e. Full use of all features and functions of MOMS

8.8 MAINTENANCE The CONTRACTOR shall provide a seven-year level-2 service and maintenance program to cover all costs for personnel, equipment and materials, travel, freight, monthly maintenance meetings, etc., as required to protect the CITY against equipment breakdowns or failures to the maximum extent possible and to promptly correct such conditions that may interrupt satisfactory service of the TCS and CSC operations. It is the intent of the CITY to utilize City on-site maintenance staff to be the first responder to all preventative, predictive, emergency and corrective maintenance activities. For level 2 support the CITY requires the CONTRACTOR to provide remote support for all failures (which impact toll collection and data integrity) within 2 hours of a service call being placed to the CONTRACTOR. In addition to remote/level 2 support the CONTRACTOR shall include all costs associated with quarterly on-site visits to provide support to the City maintenance staff and to attend (via phone) the regularly scheduled monthly maintenance meeting with the CITY. To support the level-2 maintenance program the CONTRACTOR shall include in the system design to the greatest extent possible remote functionality and access in regards to system monitoring, power rests, configuration and software fixes. The level-2 service maintenance shall include the freight of all or any equipment or documents required to maintain the TCS for the duration of the project. This shall also include any incurred expenses such as travel, labor or parts should an on-site service call be required during the duration of the maintenance period. The CONTRACTOR shall provide, prior to final system acceptance of the TCS, spare parts and shall leave said spare parts in the possession of the CITY. The minimum spare parts required by this specification includes all hardware, equipment and other related materials needed to completely replace one toll lane to the approved system functional requirements. The Level-2 service maintenance will include a provision for renewal by the CITY for an additional three one-year service periods, beyond the initial seven year service period.



8.8.1. MAINTENANCE AND SERVICE MANUAL (MSM)

The MSM shall be prepared for technical personnel assigned to the maintenance of all of the equipment within the system. The MSM shall include a general description, theory of operation, operator instructions, detailed logic circuit analysis, mechanical functions and adjustments, installation procedures, test and troubleshooting procedures, preventive and corrective maintenance procedures with schedules, diagrams, schematics, layouts and parts lists with description sufficient to service each piece of equipment. Large size logic diagrams and mechanical assembly diagrams do not have to be reduced or incorporated into the manuals if these drawings are provided with the MSM. Therefore, the Table of Contents of the MSM shall contain a list of all standard product manuals, drawings and other ancillary material provided outside of the MSM for the maintenance of the equipment. Copies of the MSM shall be provided in three-ring binders. These manuals shall be comprehensive manuals that address all hardware and software components of the various modules of the system. This document should specifically address preventive maintenance, preemptive/predictive maintenance, routine maintenance, etc. The manual must provide vendor/manufacturer contact information, part numbers, etc.



9. PRICE

Pricing instructions are as follows. 9.1. PROJECT ADMINISTRATION Project Administration consists of pricing the Mobilization, Project Management, Bonds and Documentation.

1. Mobilization: CONTRACTOR shall price Mobilization as a Lump Sum (LS) item and will cover all items defined in the RFP pertaining to project mobilization.

2. Project Management: Project Management shall be priced to cover costs from NTP through the receipt of

Final System.

3. Bonds: Bonding amount priced for one year period (from NTP through Final System Acceptance).

4. Documentation: Documentation includes all plans, manuals, as-built records, etc. as defined in this RFP. These requirements shall be priced as LS items.

9.2. LABOR RATES-SUPPLEMENTAL WORK The final pricing components relate to future support/supplemental work based on hourly rates (fully burdened) of specific positions. These rates will be utilized through the life of the Contract for additional upgrades and services required by the CITY. An area is provided in which the CONTRACTOR may submit additional positions and their rates. 9.3. CUSTOMER SERVICE CENTER SYSTEM Pricing of the CSC system shall consist of the following:

• Hardware – all LS item • Software - all LS prices. • Installation - all LS item. • Design/Development/Testing/Training - all LS prices. • Maintenance - priced on a monthly basis.

CONTRACTOR is responsible for all system maintenance during the Final System Acceptance Phase at no additional cost. The monthly CSC maintenance payments begin after the Final System Acceptance Phase is complete. 9.4. VEHICULAR TOLL COLLECTION SYSTEM Pricing of the Vehicular TCS shall consist of the following:

• Hardware - priced by lane or as a LS item (see price sheets for details). • Software - all LS prices. • Installation - priced by lane or as a LS item. • Design/Development/Testing/Training - all LS prices. • Maintenance - both Level 2 support and on-site quarterly visits shall be priced on a monthly basis.

CONTRACTOR is responsible for all maintenance during the Final System Acceptance Phase at no additional cost. The monthly CSC maintenance payments begin after the Final System Acceptance Phase is complete.



9.5. SPARE PARTS Contractor shall use the spare parts pricing form to identify the quantity and unit price for CSC and Vehicular lump sum initial inventory costs. Unit prices will be used through the term of this contract when buying spare parts. Any changes to these prices must be approved by the CITY.



10. CONTRACT TERMS AND CONDITIONS

SOFTWARE INSTALLATION AGREEMENT FOR TOLL PLAZA SOFTWARE CONSTRUCTION PROJECT

This Agreement is by and between the CITY OF DEL RIO, TEXAS (herein called City) and

____________________ (herein called Contractor).

City and Contractor, in consideration of the mutual covenants herein set forth, agree as follows:

ARTICLE I . PRELIMINARY MATTERS

Section 1.01 Bonds. When Contractor delivers the executed counterparts of the Agreement to City, Contractor shall also deliver to City such bonds as Contractor may be required to furnish. Section 1.02 Evidence of Insurance. Before any Work at the Site is started, Contractor shall deliver certificates of insurance required to purchase and maintain until Final Completion. Section 1.03 Commencement of Contract Times; Notice to Proceed. The Contract Times will commence to run on the thirtieth day after the Effective Date of the Agreement or, if a Notice to Proceed is given, on the day indicated in the Notice to Proceed. Section 1.04 Mobilization Conference; Designation of Authorized Representatives. Before any Work at the Site is started, Contractor will attend a conference with City, Consultant, and others as appropriate.

ARTICLE I I. WORK

Section 2.01 Contractor shall complete all Work as specified herein.

(a) The Work is generally described as follows: design and installation of a new toll

collections system, to be installed within a new Toll Plaza and Administration Building being simultaneously constructed. The main requirements and components for the toll collection system are defined within the Section 7 Technical Specifications. This project will also include coordination of installation work with the construction activities of the Toll Plaza project General Contractor.

Section 2.02 Training shall be conducted as specified within Section 8.7 of the RFP.

Section 2.03 Maintenance of the TCS (vehicular) and CSC hardware and software upgrades shall commence after the successful conclusion of Final System Acceptance. The initial maintenance period is for seven (7) years with the opportunity to extend maintenance for three (3) additional one (1) year terms.

(a) As part of maintenance period, Contractor shall provide Level 2 support for the

current version and one previous version of any Software provided with the



Deliverables, commencing upon the later of installation of the Deliverables or delivery of the software portion of the Deliverables. The support services shall be available by phone, email, online chat, and remote access on a twenty-four (24) hours, seven (7) days a week basis. Contractor and City shall act promptly and in a reasonably timely manner in communicating errors or defects, other related information, proposed solutions or workarounds, and any action as may be necessary or proper to obtain or affect support services under this paragraph. The Level 2 support services include, but are not limited to, the following:

1. Error Correction. Upon CITY’s verification of an error or defective software,

Contractor shall use reasonable efforts to correct or provide a working solution for the error or defect at Contractor's expense. CITY shall comply with all reasonable instructions or requests of Contractor in attempts to correct an error or defect in the software.

2. Material Defects. Contractor shall notify CITY of any material errors or

defects in the Deliverables known or made known to Contractor from any source during the Term that could cause the production of inaccurate or otherwise materially incorrect results. Contractor shall initiate commercially reasonable actions to effect corrections of any such errors or defects.

3. Updates. Contractor shall provide to CITY, at no additional charge, all new

releases and bug fixes (collectively referred to as “Changes”) for any software developed or published by Contractor and made generally available to its other customers at no additional charge. All such Changes shall be a part of the Deliverables and, as such, shall be governed by the provisions of the Contract.

4. Telephone Assistance. Contractor shall provide CITY with telephone access

to technical support engineers for assistance in the proper installation and use of the software, and to report and resolve software errors and defects.

(b) Upon the expiration of the seven (7) year maintenance period, CITY will have the

option, exercisable in its sole discretion, to contract for continued maintenance services, including Level 2 Support, for up to an additional three (3) years, renewed annually, and agreed to by City and Contractor in writing.

Section 2.04 Contractor shall assign all applicable third party warranties for Deliverables to the City. Any component that fails within the first year shall be replaced at no cost to the City. The Contractor shall have the responsibility to ship for replacement any failed item within twenty-four (24) hours for delivery the next day, seven (7) days per week, holidays included, or pay liquidated damages of one hundred dollars ($100.00) per calendar day for each day late. Further, the Contractor shall provide component repair for a period of seven (7) years from the City final acceptance date of the last unit installed under the Contract, if a Contract is let.

Section 2.05 City’s acceptance of the Work by final acceptance, using the property, final payment, or any other manner do not constitute an acceptance of work not done in accordance with this Agreement.



Section 2.06 Supervision and Superintendence

(a) Contractor shall supervise, inspect, and direct the Work competently and efficiently, devoting such attention thereto and applying such skills and expertise as may be necessary to perform the Work in accordance with the Contract Documents.

(b) Contractor shall be solely responsible for the means, methods, techniques, sequences,

and procedures of construction. (c) At all times during the progress of the Work, Contractor shall assign a competent

resident superintendent who shall not be replaced without written notice to City and Consultant.

Section 2.07 Labor; Work Hours

(a) Contractor shall provide competent, suitably qualified personnel to survey and lay

out the Work and perform construction as required by the Contract Documents. (b) Contractor shall at all times maintain good discipline and order at the Site. (c) Except as otherwise required for the safety or protection of persons or the Work or

property at the Site or adjacent thereto, and except as otherwise stated in the Contract Documents, all Work at the Site shall be performed during regular working hours.

(d) Contractor will not permit the performance of Work on a Saturday, Sunday, or any

legal holiday without City’s written consent (which will not be unreasonably withheld) given after prior written notice to Consultant.

Section 2.08 Services, Materials, and Equipment

(a) Unless otherwise specified in the Contract Documents, Contractor shall provide and

assume full responsibility for all services, materials, equipment, labor, transportation, construction or installation equipment and machinery, tools, appliances, fuel, power, light, heat, telephone, water, sanitary facilities, temporary facilities, and all other facilities and incidental necessary for the performance, testing, start-up, and completion of the Work.

(b) All materials and equipment incorporated into the Work shall be as specified or, if

not specified, shall be of good quality and new, except as otherwise provided in the Contract Documents.

(c) All special warranties and guarantees required by the Specifications shall expressly

run to the benefit of City. (d) If required by Consultant, Contractor shall furnish satisfactory evidence (including

reports of required tests) as to the source, kind, and quality of materials and equipment.

(e) All materials and equipment shall be stored, applied, installed, connected, erected,



protected, used, cleaned, and conditioned in accordance with instructions of the applicable Supplier.

(f) Deliverables: Contractor shall provide and maintain a quality assurance process that

includes without limitation, validation of any Deliverables and will tender to the CITY only those Deliverables that have been inspected and found to conform to the requirements of the Contract. All manufactured items and/or fabricated assemblies comprising Deliverables must (i) satisfy all applicable State and Federal requirements, including without limitation requirements of the Occupational Safety and Health Act (OSHA) and State and Federal requirements relating to clean air and water pollution, if applicable, and (ii) be subject to operational and other testing, certification and inspection as required by State or Federal law or the requirements of the Contract.

1. “Deliverables” mean all equipment, software, documents, work product and

other items that are delivered to the City under the Contract or prepared by or on behalf of Contractor in the course of performing its Contract obligations, including without limitation equipment, software, software licenses, data, and documentation created or obtained during the performance or provision of services under the Contract.

2. Deliverables will be the property of the City upon Final System Acceptance. 3. Embedded software or firmware shall not be a severable Deliverable. 4. Deliverables include "Work Product" and mean any expression of

Contractor’s findings, analyses, conclusions, opinions, recommendations, ideas, techniques, know-how, designs, programs, enhancements, and other technical information; but not source and object code or software embedded in hardware.

(g) Late Delivery, Back Order. Contractor shall advise the City immediately upon

determining that any Deliverable will not, or may not, be delivered at the time or place specified. Together with such notice, Contractor shall state the projected delivery time and date. In the event the delay projected by Contractor is unsatisfactory, the City shall so advise Contractor and may proceed to procure substitute Deliverables or services and pursue any remedies it may have.

(h) Site Preparation. Contractor has provided the City complete site requirement

specifications for the Deliverables, if any. Contractor warrants that these specifications ensure that the Deliverables to be installed shall operate properly and efficiently within the site environment. Contractor has advised the City of any site requirements for any Deliverables required by the City’s specifications. Any alterations or modification in site preparation that are directly attributable to incomplete or erroneous specifications or requirements provided by Contractor and that will involve additional expenses to the City, shall be made at the expense of Contractor.



Section 2.09 Progress Schedule

(a) Contractor shall adhere to the Progress Schedule established and accepted by Consultant, which shall be presented in the preconstruction conference to the City’s Consultant.

(b) Contractor shall submit to Consultant in writing for acceptance of proposed

adjustments in the Progress Schedule that will not result in changing the Contract Times.

(c) Proposed adjustments in the Progress Schedule can be adjusted by the City

Representative. Any change that is considered major in scope because it would affect the Contract Times may only be made by a Change Order and must be approved by the City Council.

Section 2.10 Substitutes and “Or-Equals”

(a) Whenever an item of material or equipment is specified or described in the Contract

Documents by using the name of a proprietary item or the name of a particular Supplier, the specification or description is intended to establish the type, function, appearance, and quality required. Unless the specification or description contains or is followed by words reading that no like, equivalent, or “or-equal” item or no substitution is permitted, other items of material or equipment or other Supplies may be submitted to Consultant for review under the circumstances described below.

(b) “Or-Equal” Items: If in Consultant’s sole discretion an item of material or equipment

proposed by Contractor is functionally equal to that named and sufficiently similar so that no change in related Work will be required, it may be considered by Consultant as an “or-equal” item, in which case review and approval of the proposed item may, in Consultant’s sole discretion, be accomplished without compliance with some or all of the requirements for approval of proposed substituted items.

(c) A proposed item of material or equipment will be considered functionally equal to an

item so named if In the exercise of reasonable judgment Consultant determines that it is at least equal in materials of construction, quality, durability, appearance, strength, and design characteristics; and it will reliably perform at least equally well the function and achieve the results imposed by the design concept of the completed Project as a functioning whole; and it has a proven record of performance and availability of responsive service; and Contractor certifies that, if approved and incorporated into the Work There will be no increase in cost to the City or increase in Contract Times; and it will conform substantially to the detailed requirements of the item named in the Contract Documents.

(d) Substitute Items:

1) If in Consultant’s sole discretion an item of material or equipment proposed by

Contractor does not qualify as an “or-equal” item, it will be considered a proposed substitute item.



2) Contractor shall submit sufficient written information as provided below to allow Consultant to determine if the item of material or equipment proposed is essentially equivalent to that named and an acceptable substitute therefore.

3) Requests for review of proposed substitute items of material or equipment will

not be accepted by Consultant from anyone other than Contractor.

4) Contractor shall make written application to Consultant for review of a proposed substitute item of material or equipment that Contractor seeks to furnish or use. The application shall certify that the proposed substitute item will perform adequately the functions and achieve the results called for by the general design, be similar in substance to that specified, and be suited to the same use as that specified;

5) The written application will further state the extent, if any, to which the use of

the proposed substitute item will prejudice Contractor’s achievement of Substantial Completion on time, and whether use of the proposed substitute item in the Work will require a change in any of the Contract Documents (or in the provisions of any other direct contract with City for other work on the Project) to adapt the design to the proposed substitute item, and whether incorporation or use of the proposed substitute item in connection with the Work is subject to payment of any license fee or royalty.

6) The written application will identify all variations of the proposed substitute item

from that specified, and available sales, maintenance, repair, and replacement services; and shall contain an itemized estimate of all costs or credits that will result directly or indirectly from use of such substitute item, including costs of redesign and claims of other contractors affected by any resulting change.

(e) If a specific means, method, technique, sequence, or procedure of construction is

expressly required by the Contract Documents, Contractor may only furnish or utilize a substitute means, method, technique, sequence, or procedure of construction approved by Consultant.

1) Contractor shall submit sufficient information to allow Consultant, in

Consultant’s sole discretion, to determine that the substitute proposed is equivalent to that expressly called for by the Contract Documents.

(f) Consultant will be allowed a reasonable time within which to evaluate each proposal

or submittal made.

(g) Consultant will advise Contractor in writing of any negative determination.

(h) City may require Contractor to furnish at Contractor’s expense a special performance guarantee or other surety with respect to any substitute.

(i) Consultant’s Cost Reimbursement: Consultant will record Consultant’s costs in

evaluating a substitute proposed or submitted by Contractor.



1) Whether or not Consultant approves a substitute so proposed or submitted by Contractor, Contractor shall reimburse City for the reasonable charges of Consultant for evaluating each such proposed substitute.

2) Contractor shall also reimburse City for the reasonable charges of Consultant for

making changes in the Contract Documents (or in the provisions of any other direct contract with City) resulting from the acceptance of each proposed substitute.

(j) Contractor shall provide all data in support of any proposed substitute or “or-equal”

at Contractor’s expense.

Section 2.11 Concerning Subcontractors, Supplies, and Others

(a) The Contractor shall not execute an agreement with any subcontractor or permit any subcontractor to perform any work included in this contract until he has verified the subcontractor as eligible to participate in federally funded contracts.

(b) Contractor shall not employ any Subcontractor, Supplier, or other individual or

entity, whether initially or as a replacement, against whom City may have reasonable objection.

(c) Contractor shall not be required to employ any Subcontractor, Supplier, or other

individual or entity to furnish or perform any of the Work against whom Contractor has reasonable objection.

(d) If the proposal packet or negotiations required the identity of certain Subcontractors,

Suppliers, or other individuals or entities to be submitted to City in advance for acceptance by City by a specified date prior to the Effective Date of the Agreement, City’s acceptance of any such Subcontractor, Supplier, or other individual or entity so identified may be revoked on the basis of reasonable objection after due investigation.

1) Contractor shall submit an acceptable replacement for the rejected Subcontractor,

Supplier, or other individual or entity, and the Contract Price will be adjusted by the difference in the cost occasioned by such replacement, and an appropriate Change Order will be issued. No acceptance by City of any such Subcontractor, Supplier, or other individual or entity, whether initially or as a replacement, shall constitute a waiver of any right of City or Consultant to reject defective Work.

(e) Contractor shall be fully responsible to City and Consultant for all acts and omissions

of the Subcontractors, Suppliers, and other individuals or entities performing or furnishing any of the Work just as Contractor is responsible for Contractor’s own acts and omissions.

(f) Nothing in the Contract Documents shall create for the benefit of any such

Subcontractor, Supplier, or other individual or entity any contractual relationship between City or Consultant and any such Subcontractor, Supplier or other individual or entity; nor shall create any obligation on the part of City or Consultant to pay or to



see to the payment of any moneys due any such Subcontractor, Supplier, or other individual or entity except as otherwise required by Laws and Regulations.

(g) Contractor shall be solely responsible for scheduling and coordinating the Work of

Subcontractors, Suppliers, and other individuals or entities performing or furnishing any of the work under a direct or indirect contract with Contractor.

(h) Contractor shall require all Subcontractors, Suppliers, and such other individuals or

entities performing or furnishing any of the Work to communicate with Consultant through Contractor.

(i) The divisions and section of the Specifications and the identifications of any

Drawings shall not control Contractor in dividing the Work among Subcontractors or Suppliers or delineating the Work to be performed by any specific trade.

(j) All Work performed for Contractor by a Subcontractor or Supplier will be pursuant

to an appropriate agreement between Contractor and the Subcontractor or Supplier which specifically binds the Subcontractor or Supplier to the applicable terms and conditions of the Contract Documents for the benefit of City and Consultant.

Section 2.12 Patent Fees, Intellectual Property, and Royalties

(a) Contractor shall pay all license fees and royalties and assume all costs incident to the

use in the performance of the Work or the incorporation in the Work of any invention, design, process, product, or device which is the subject of patent rights or copyrights held by others.

(b) If a particular invention, design, process, product, or device is specified in the

Contract Documents for use in the performance of the Work and if, to the actual knowledge of City or Consultant, its use is subject to patent rights or copyrights calling for the payment of any license fee or royalty to others, the existence of such rights shall be disclosed by City in the Contract Documents.

(c) To the fullest extent permitted by Laws and Regulations, Contractor shall

indemnify and hold harmless City, and the officers, directors, members, partners, employees, agents, consultants and subcontractors of each and any of them from and against all claims, costs, losses, and damages (including but not limited to all fees and charges of Consultants, architects, attorneys, and other professionals and all court or arbitration or other dispute resolution costs) arising out of or relating to any infringement of patent rights or copyrights incident to the use in the performance of the Work or resulting from the incorporation in the Work of any invention, design, process, product, or device not specified in the Contract Documents.

(d) Contractor warrants that all Deliverables will be free from any defects in

workmanship, material and design, in good working order and suitable for the purposes for which they are to be used and conform to all relevant legal standards and the standards specified in the Contract for twelve (12) months from the date of Final System Acceptance. Without limiting any of the City’s remedies for breach of



this warranty, Contractor shall, at its expense, promptly replace or repair any defective or nonconforming Deliverables and services and pay for all related expenses.

(e) All intellectual property rights, including without limitation copyrights, patents,

patent disclosures and inventions (whether patentable or not), trademarks service marks, trade secrets, know-how and other confidential information, trade dress, trade names, logos, corporate names and domain names, together with all of the goodwill associated therewith, derivative works and all other rights (collectively, "Intellectual Property Rights") in and to all Deliverables shall be owned exclusively by the City. Contractor agrees, and shall cause its employees and permitted subcontractors (collectively, "Contractor Personnel") to agree, that with respect to any Deliverables that may qualify as "work made for hire" as defined in 17 U.S.C. §101, such Deliverables are hereby deemed a "work made for hire" for the City. To the extent that any of the Deliverables do not constitute a "work made for hire," Contractor hereby irrevocably assigns, and shall cause the Contractor Personnel to irrevocably assign to the City, in each case without additional consideration, all right, title and interest throughout the world in and to the Deliverables, including all Intellectual Property Rights therein. The Contractor shall cause Contractor Personnel to irrevocably waive, to the extent permitted by applicable law, any and all claims such Contractor Personnel may now or hereafter have in any jurisdiction to so-called "moral rights" or rights of droit moral with respect to the Deliverables.

(f) Upon the City's request, Contractor shall, and shall cause Contractor Personnel to,

promptly take such further actions, including execution and delivery of all appropriate instruments of conveyance, as may be necessary to assist the City to prosecute, register, perfect or record its rights in or to any Deliverables.

(g) Contractor and its licensors are, and shall remain, the sole and exclusive owners of all

right, title and interest in and to all documents, data, know-how, methodologies, software and other materials, including without limitation computer programs, reports and specifications, provided by or used by Contractor in connection with performing its obligations under the Contract, in each case developed or acquired by the Contractor prior to the commencement of the Contract (collectively, the "Pre-Existing Materials"), including without limitation all Intellectual Property Rights therein. Contractor hereby grants the City a royalty-free, fully paid, worldwide, perpetual, non-exclusive license to use any Pre-Existing Materials to the extent incorporated in, combined with or otherwise necessary for the use of the Deliverables for any and all purposes.

(h) Contractor shall not acquire any right, title and interest in and to the copyrights for

goods, software, technical information, specifications, drawings, records, documentation, data or derivative works thereof, or other work products, provided by the City to Contractor.

(i) Contractor, at its own expense, shall indemnify, hold harmless and defend the

City from and against any action brought by a third party against the City to the extent that such action is based upon a claim that the services, Pre-Existing Materials or Deliverables supplied by Contractor, or the operation of such Pre-



Existing Materials or Deliverables pursuant to Contractor-supplied software, infringes a patent or copyright or violates a trade secret or other intellectual property of a third party. Contractor shall pay any costs and damages awarded against the City in, and any costs and expenses, including without limitation reasonable attorneys’ fees, incurred by the City in connection with, any such action. Such defense and payment shall be conditioned on the following:

a. That Contractor shall be notified within a reasonable time in writing by the

City of any such claim; provided however any delay in notification shall not void the obligations of Contractor under this section 2.12 subsection (i) if such delay does not prejudice Contractor in such proceeding; and,

b. That Contractor shall have the sole control of the defense of any action on such claim and all negotiations for its settlement or compromise, provided, however, that Contractor diligently defends any such action, the City shall have the option to participate in such action at its own expense and the City does not have a reasonable objection to any settlement or compromise recommended by Contractor.

Section 2.13 Permits

(a) Unless otherwise provided in the Contract Documents, Contractor shall obtain and

pay for all construction permits and licenses.

(b) Contractor shall pay all governmental charges and inspection fees necessary for the prosecution of the Work which are applicable at the time of opening of Proposals, or, if there are no Proposals, on the Effective Date of the Agreement.

(c) City shall pay all charges of utility owners for connections for providing permanent

service to the Work.

Section 2.14 Laws and Regulations

(a) Contractor shall give all notices required by and shall comply with all Laws and Regulations applicable to the performance of the Work.

(b) Except where otherwise expressly required by applicable Laws and Regulations,

neither City nor Consultant shall be responsible for monitoring Contractor’s compliance with any Laws or Regulations.

(c) If Contractor performs any Work knowing or having reason to know that it is

contrary to Laws or Regulations, Contractor shall bear all claims, costs, losses, and damages (including but not limited to all fees and charges of Consultants, architects, attorneys, and other professionals and all court or arbitration or other dispute resolution costs) arising out of or relating to such Work.

(d) Changes in Laws or Regulations not known at the time of opening of Proposals

having an effect on the cost or time of performance of the Work could be the subject of an adjustment in Contract Price or Contract Times.



Section 2.15 Taxes

(a) Contractor shall pay all sales, consumer, use, and other similar taxes required to be paid by Contractor in accordance with the Laws and Regulations of the place of the Project which are applicable during the performance of the Work.

Section 2.16 Use of Site and Other Areas

(a) Limitation on Use of Site and Other Areas:

1) Contractor shall confine construction equipment, the storage of materials and

equipment, and the operations of workers to the Site and other areas permitted by Laws and Regulations, and shall not unreasonably encumber the Site and other areas with construction equipment or other materials or equipment.

(b) During the progress of the Work, Contractor shall keep the Site and other areas free

from accumulations of waste materials, rubbish, and other debris.

1) Removal and disposal of such waste materials, rubbish, and other debris shall conform to applicable Laws and Regulations.

(c) Prior to Completion of the Work, Contractor shall clean the Site and the Work and

make it ready for utilization by City.

1) At the completion of the Work, Contractor shall remove from the Site all tools, appliances, construction equipment and machinery, and surplus materials and shall restore to original condition all property not designated for alteration by the Contract Documents.

(d) Contactor shall not load nor permit any part of any structure to be loaded in any

manner that will endanger the structure, nor shall Contractor subject any part of the Work or adjacent property to stresses or pressures that will endanger it.

Section 2.17 Record Documents, Licensing and Software

(a) Contractor shall maintain in a safe place at the Site one record copy of all Drawings,

Specifications, Addenda, Change Orders, Field Orders, and written interpretations and clarifications in good order and annotated to show changes made during construction.

(b) These record documents together with all approved Samples and a counterpart of all

approved Shop Drawings will be available to Consultant for reference.

(c) Upon completion of the Work, these record documents, Samples, and Shop Drawings will be delivered to Consultant for City.

(d) The Contractor will provide City with a perpetual grant of a non-transferable license

to all software and firmware and its source code used in the devices to be supplied.



(e) The application software shall be written in a non-proprietary language. An application software license shall be provided that will allow the City, or third party contractor employed by the City, to convert and/or modify and/or reprogram and/or reuse the software provided to the City for their purposes only. This does not include external proliferation or resale. Copies of all source code, system documentation, and system flow charts shall be delivered to the City as a part of full System Acceptance.

(f) The Contractor shall provide the City with non-exclusive, perpetual, irrevocable,

royalty-free licenses to use, and to the extent necessary for the City to operate the TCS as provided in the Contract, to modify, improve and maintain all software that is part of the System but not owned by the Contractor (Third Party Software). All of such Third Party Software licenses shall grant substantially the same rights to the City to use the Third Party Software as are granted to the City with respect to software owned by the Contractor and licensed hereunder to the City.

(g) The entire System shall be purchased by the City. The Contractor shall provide to the

City all licenses and agreements necessary to operate, modify, upgrade and support the system hardware, firmware and software. The Contractor shall also provide the City with copies of all applicable licenses and related information for Third Party Software purchased by the Contractor for use in the System.

Section 2.18 Safety and Protection

(a) Contractor shall be solely responsible for initiating, maintaining and supervising all

safety precautions and programs in connection with the Work.

(b) Such responsibility does not relieve Subcontractors of their responsibility for the safety of persons or property in the performance of their work, nor for compliance with applicable safety Laws and Regulations. Contractor shall take all necessary precautions for the safety of, and all shall provide the necessary protection to prevent damage, injury or loss to:

1) All persons on the Site or who may be affected by the Work;

2) All the Work and materials and equipment to be incorporated therein, whether in

storage on or off the Site; and

(c) Contractor shall comply with all applicable Laws and Regulations relating to the safety of persons or property, or to the protection of persons or property from damage, injury, or loss; and shall erect and maintain all necessary safeguards for such safety and protection.

(d) Contractor shall comply with the applicable requirements of City’s safety programs,

if any.

(e) Contractor shall inform City and Consultant of the specific requirements of Contractor’s safety program with which City’s and Consultant’s employees and representatives must comply while at the Site.



(f) Contractor’s duties and responsibilities for safety and for protection of the Work shall continue until Final Completion has been approved by both the City and Consultant.

(g) Contractor shall designate a qualified and experienced safety representative at the

Site whose duties and responsibilities shall be the prevention of accidents and the maintaining and supervising of safety precautions and programs.

(h) Contractor shall be responsible for coordinating any exchange of material safety data

sheets or other hazard communication information required to be made available to or exchanged between or among employers at the Site in accordance with Laws or Regulations.

(j) All traffic, toll and revenue data, records, and operations history information of the

City shall remain the City’s property at all times. (k) Contractor shall comply with all rules, policies and procedures of the City regarding

security for the City’s systems and data and remote access thereto, building security and general health and safety. Contractor shall ensure that no unauthorized personnel will have access to the City’s facilities, data and records, any of the City customer payment histories, or any personal information of the City’s toll customers, and Contractor shall keep all such information confidential. The City and Contractor shall use their respective commercially reasonable efforts to cause systems to have secure password and ID controls for any data access.

(l) Contractor shall use its commercial best efforts to safeguard, and protect from loss,

destruction or erasure, all of the City’s data, documents, files, and other materials to which Contractor has access during the Contract Term.

(m) While at the City’s site, Contractor shall not cause any the City equipment used by

Contractor or to which it has access to cease being in good working order.

Section 2.19 Emergencies

(a) In emergencies affecting the safety or protection of persons or the Work or property at the Site or adjacent thereto, Contractor is obligated to act to prevent threatened damage, injury, or loss.

(b) Contractor shall give Consultant prompt written notice if Contractor believes that any

significant changes in the Work or variations from the Contract Documents have been caused thereby or are required as a result thereof.

(c) If Consultant determines that a change in the Contract Documents is required because

of the action taken by Contractor in response to such an emergency, a Work Change Directive or Change Order will be issued, if approved by the City Council of the City of Del Rio.

Section 2.20 Contractor shall carry on the Work and adhere to the Progress Schedule during all disputes or disagreements with City.



(a) No Work shall be delayed or postponed pending resolution of any disputes or disagreements, except as City and Contractor may otherwise agree in writing.

Section 2.21 Contractor’s General Warranty and Guarantee

(a) Contractor warrants and guarantees to City that all Work will be in accordance with

the Contract Documents and will not be defective. Consultant and its officers, directors, members, partners, employees, agents, consultants, and subcontractors shall be entitled to rely on representation of Contractor’s warranty and guarantee.

(b) Contractor warrants that all Deliverables will be free from any defects in

workmanship, material and design, in good working order and suitable for the purposes for which they are to be used and conform to all relevant legal standards and the standards specified in the Contract for twelve (12) months from the date of Final System Acceptance. Without limiting any of the City’s remedies for breach of this warranty, Contractor shall, at its expense, promptly replace or repair any defective or nonconforming Deliverables and services and pay for all related expenses.

(c) Contractor’s obligation to perform and complete the Work in accordance with the

Contract Documents shall be absolute.

(d) Care of Work

1) The Contractor shall be responsible for all damages to person or property that occur as a result of his fault or negligence in connection with the prosecution of the work and shall be responsible for the proper care and protection of all materials delivered and work performed until completion and final acceptance.

(e) None of the following will constitute an acceptance of Work that is not in accordance

with the Contract Documents or a release of Contractor’s obligation to perform the Work in accordance with the Contract Documents:

1) Observations by Consultant;

2) Recommendation by Consultant or payment by City of any progress or final

payment;

3) The issuance of a certificate of Substantial Completion by Consultant or any payment related thereto by City;

4) Use or occupancy of the Work or any part thereof by City;

5) Any review and approval of a Shop Drawing or Sample submittal or the issuance of a notice of acceptability by Consultant;

6) Any inspection, test, or approval by others; or

7) Any correction of defective Work by City.



Section 2.22 City May Suspend Work

(a) At any time and without cause, City may suspend the Work or any portion thereof for a period of not more than 90 consecutive days by notice in writing to Contractor and Consultant which will fix the date on which Work will be resumed.

(b) Contractor shall resume the Work on the date so fixed.

(c) Contractor may be granted an adjustment in the Contract Price or an extension of the

Contract Times, or both, directly attributable to any such suspension if Contractor requests a Change Order and such Change Order is approved by City Council.

Section 2.23 City May Terminate for Cause

(a) The occurrence of any one or more of the following events will justify termination

for cause:

1) Contractor’s persistent failure to perform the Work in accordance with the Contract Documents (including, but not limited to, failure to supply sufficient skilled workers or suitable materials or equipment or failure to adhere to the Progress Schedule;

2) Contractor’s disregard to Laws or Regulations of any public body having

jurisdiction;

3) Contractor’s repeated disregard of the authority of Consultant; or

4) Contractor’s violation in any substantial way of any provisions of the Contract Documents.

(b) If one or more of the events identified above occur, City may, after giving Contractor

seven days written notice of its intent to terminate the services of Contractor:

1) Exclude Contractor from the Site, and take possession of the Work and of all Contractor’s tools, appliances, construction equipment and machinery at the Site, and use the same to the full extent they could be used by Contractor (without liability to Contractor for trespass or conversion);

2) Incorporate in the Work all materials and equipment stored at the Site or for

which City has paid Contractor but which are stored elsewhere; and

3) Complete the Work as City may deem expedient.

4) If City proceeds as provided herein, Contractor shall not be entitled to receive any further payment until the Work is completed.

5) If the unpaid balance of the Contract Price exceeds all claims, costs, losses, and

damages (including but not limited to all fees and charges of Consultants, architects, attorneys, and other professionals and all court or arbitration or other



dispute resolution costs) sustained by City arising out of or relating to completing the Work, such excess will be paid to Contractor.

6) If such claims, costs, losses, and damages exceed such unpaid balance,

Contractor shall pay the difference to City.

(c) Where Contractor’s services have been so terminated by City, the termination will not affect any rights or remedies of City against Contractor then existing or which may thereafter accrue.

(d) Any retention or payment of monies due Contractor by City will not release

Contractor from liability.

Section 2.24 City May Terminate For Convenience

(a) Upon seven days written notice to Contractor and Consultant, City may, without cause and without prejudice to any other right or remedy of City, terminate the Contract. In such case, Contractor shall be paid for (without duplication of any items):

1) Completed and acceptable Work executed in accordance with the Contract

Documents prior to the effective date of termination, including fair and reasonable sums for overhead and profit on such Work;

2) Expenses sustained prior to the effective date of termination in performing

services and furnishing labor, materials or equipment as required by the Contract Documents in connection with uncompleted Work, plus fair and reasonable sums for overhead and profit on such expenses;

3) Reasonable expenses directly attributable to termination.

4) Contractor shall not be paid on account of loss of anticipated profits or revenue

or other economic loss arising out of or resulting from such termination.

Section 2.25 Contractor May Stop Work or Terminate

(a) If, through no act or fault of Contractor, the Work is suspended for more than 90 consecutive days by City or under an order of court or other public authority, then Contractor may, upon seven days written notice to City and Consultant, and provided City or Consultant do not remedy such suspension within that time, terminate the Contract and recover from City payment for acceptable Work performed pursuant to this Agreement.

ARTICLE I II. OTHER WORK AT THE SITE

Section 3.01 Related Work at Site

(a) City may perform other work related to the Project at the Site with City’s employees,



or through other direct contracts therefor, or have other work performed by utility owners.

(b) If the proper execution or results of any part of Contractor’s Work depends upon

work performed by others under this Article, Contractor shall inspect such other work and promptly report to Consultant in writing any delays, defects, or deficiencies in such other work that render it unavailable or unsuitable for the proper execution and results of Contractor’s Work.

(c) Contractor’s failure to so report will constitute an acceptance of such other work as

fit and proper for integration with Contractor’s Work except for latent defects and deficiencies in such other work.

(d) Access to Work

1) City, Consultant, their consultants and other representatives and personnel of

City, independent testing laboratories, and governmental agencies with jurisdictional interests will have access to the Site and the Work at reasonable times for their observation, inspection, and testing.

2) Contractor shall provide them proper and safe conditions for such access and

advise them of Contractor’s safety procedures and programs so that they may comply therewith as applicable.

Section 3.02 Tests and Inspections

(a) Contractor shall give Consultant timely notice of readiness of the Work for all

required inspections, tests, or approvals and shall cooperate with inspection and testing personnel to facilitate required inspections or tests.

(b) If Laws or Regulations of any public body having jurisdiction require any Work (or

part thereof) specifically to be inspected, tested, or approved by an employee or other representative of such public body, Contractor shall assume full responsibility for arranging and obtaining such inspections, tests, or approvals, pay all costs in connection therewith, and furnish Consultant the required certificates of inspection or approval.

(c) If any Work (or the work of others) that is to be inspected, tested, or approved is

covered by Contractor without written concurrence of Consultant, Contractor shall, if requested by Consultant, uncover such Work for observation at Contractor’s expense.

Section 3.03 Uncovering Work

(a) If any Work is covered contrary to the written request of Consultant, it must, if

requested by Consultant, be uncovered for Consultant’s observation and replaced at Contractor’s expense.

(b) If Consultant considers it necessary or advisable that covered Work be observed by

Consultant or inspected or tested by others, Contractor, at Consultant’s request, shall



uncover, expose, or otherwise make available for observation, inspection, or testing as Consultant may require, that portion of the Work in question, furnishing all necessary labor, material, and equipment.

(c) If it is found that the uncovered Work is defective, Contractor shall pay all claims,

costs, losses, and damages (including but not limited to all fees and charges of Consultants, architects, attorneys, and other professionals and all court or arbitration or other dispute resolution costs) arising out of or relating to such uncovering, exposure, observation, inspection, and testing, and of satisfactory replacement or reconstruction (including but not limited to all costs of repair or replacement of work of others); and City shall be entitled to an appropriate decrease in the Contract Price.

ARTICLE IV. CONSULTANT

Section 4.01 The City has hired AECOM as their agent, who is referred to in the Contract Documents as Consultant.

(a) Consultant, and its duly authorized agents, are to act as City's representatives.

Section 4.02 Rejecting Defective Work

(a) Consultant shall reject Work which Consultant believes to be defective, or that

Consultant believes will not produce a completed Project that conforms to the Contract Documents or that will prejudice the integrity of the design concept of the completed Project as a functioning whole as indicated by the Contract Documents.

(b) Consultant will also require special inspection or testing of the Work as needed,

whether or not the Work is fabricated, installed, or completed.

(c) If the Work is defective, or Contractor fails to supply sufficient skilled workers or suitable materials or equipment, or fails to perform the Work in such a way that the completed Work will conform to the Contract Documents, City may order Contractor to stop the Work, or any portion thereof, until the cause for such order has been eliminated;

1) This right of City to stop the Work shall not give rise to any duty on the part of

City to exercise this right for the benefit of Contractor, any Subcontractor, any Supplier, any other individual or entity, or any surety for, or employee or agent of any of them.

(d) Promptly after receipt of written notice, Contractor shall correct all defective Work,

whether or not fabricated, installed, or completed, or, if the Work has been rejected by Consultant, remove it from the Project and replace it with Work that is not defective.

1) Contractor shall pay all claims, costs, losses, and damages (including but not

limited to all fees and charges of Consultants, architects, attorneys, and other professionals and all court or arbitration or other dispute resolution costs) arising



out of or relating to such correction or removal (including but not limited to all costs of repair or replacement of work of others).

2) When correcting defective work under these terms, Contractor shall take no

action that would void or otherwise impair City’s special warranty and guarantee if any, on said Work.

Section 4.03 Correction Period

(a) If within one year after the date of Final System Acceptance any Work is found to be

defective, or if the repair of any damages to the land or areas made available for Contractor’s use by City is found to be defective, Contractor shall promptly, without cost to City and in accordance with City’s written instructions:

1) Repair such defective land or areas; or

2) Correct such defective Work; or

3) If the defective Work has been rejected by City, remove it from the Project and

replace it with Work that is not defective, and satisfactorily correct or repair or remove and replace any damage to other Work, to the work of others or other land or areas resulting there from.

(b) If Contractor does not promptly comply with the terms of City’s written instructions,

or in an emergency where delay would cause serious risk or loss or damage, City may have the defective Work corrected or repaired or may have the rejected Work removed and replaced.

1) All claims, costs, losses, and damages (including but not limited all fees and

charges of Consultants, architects, attorneys, and other professionals and all court or arbitration or other dispute resolution costs) arising out of or relating to such correction or repair or such removal and replacement (including but not limited to all costs of repair or replacement of work of others) will be paid by Contractor.

(c) Where defective Work (and damage to other Work resulting therefrom) has been

corrected or removed and replaced under this Agreement, the correction period hereunder with respect to such Work will be extended for an additional period of one year after such correction or removal and replacement has been satisfactorily completed.

(d) Contractor’s obligations under this Article and/or Section are in addition to any other

obligation or warranty. The provisions of this Article and/or Section shall not be construed as a substitute for, or a waiver of, the provisions of any applicable statute of limitation or response.

Section 4.04 Determinations for Unit Price Work

(a) Consultant will determine the actual quantities and classifications of Unit Price Work

performed by Contractor.



(b) Consultant will review with Contractor and Consultant’s preliminary determinations

on such matters before rendering a written decision thereon (by recommendation of an Application for Payment or otherwise).

Section 4.05 Decisions on Requirements of Contract Documents and Acceptability of Work

(a) Consultant will be the initial interpreter of the requirements of the Contract

Documents and judge of the acceptability of the Work thereunder.

Section 4.06 Limitations on Consultant’s Authority and Responsibilities

(a) Consultant will not supervise, direct, control, or have authority over or be responsible for Contractor’s means, methods, techniques, sequences, or procedures of construction, or the safety precautions and programs incident thereto, or for any failure of Contractor to comply with Laws and Regulations applicable to the performance of the Work.

(b) Consultant will not be responsible for the acts or omissions of Contractor or of any

Subcontractor, any Supplier, or of any other individual or entity performing any of the Work.

(c) While at the Site, Consultant’s employees and representatives shall comply with the

specific applicable requirements of Contractor’s safety programs of which Consultant has been informed in writing.

ARTICLE V. CITY’S RESPONSIBILITIES

Section 5.01 City shall promptly furnish the data required of City under the Contract Documents.

Section 5.02 City shall make payments to Contractor when they are due as provided.

Section 5.03 Upon request of Contractor, City shall furnish Contractor reasonable evidence that financial arrangements have been made to satisfy City’s obligations under the Contract Documents.

Section 5.04 While at the Site, City’s employees and representatives shall comply with the specific applicable requirements of Contractor’s safety programs of which City has been informed in writing.

ARTICLE VI. CONTRACT TIMES, LIQUIDATED DAMAGES, AND DEFECTIVE WORK REMEDIES

Section 6.01 Time of the Essence.

(a) All time limits for Substantial Completion and completion and readiness for final



payment as stated in the Contract Documents are of the essence of the Contract.

Section 6.02 Contract Times. The term of the Contract (the “Contract Term”) shall commence upon City giving Contractor a NTP (“Notice to Proceed”). The Contract Term includes the following: A time period for design and deployment (to be defined by Contractor and approved by City); A seven (7) year maintenance period, and up to three (3) additional years of maintenance at the discretion of the City.

Section 6.03 Liquidated Damages.

(a) City and Contractor recognize that time is of the essence of this Agreement and that

City will suffer financial loss if the Work is not completed within the times specified herein (City approved milestone schedule as prescribed in Section 8.1.2).

(b) The parties also recognize the delays, expense, and difficulties involved in proving in a legal or arbitration proceeding the actual loss suffered by City if the Work is not completed on time.

(c) Accordingly, instead of requiring any such proof, City and Contractor agree that as

liquidated damages for delay (but not as a penalty) Contractor shall pay City $250.00 for each day that expires after the time specified herein until the Work is substantially completed.

(d) City shall have the right to deduct the liquidated damages from any money in its

hands, otherwise due, or to become due, to Contractor.

Section 6.04 Acceptance of Defective Work

(a) If, instead of requiring correction or removal and replacement of defective Work, City (and, prior to Consultant’s recommendation of final payment, Consultant) prefers to accept it, City may do so.

1) Contractor shall pay all claims, costs, losses, and damages (including but not

limited to all fees and charges of Consultants, architects, attorneys, and other professionals and all court or arbitration or other dispute resolution costs) attributable to City’s evaluation of and determination to accept such defective Work and for the diminished value of the Work to the extent not otherwise paid by Contactor pursuant to this sentence.

2) If any such acceptance occurs prior to Consultant’s recommendation of final

payment, a Change Order, if approved by City Council, will be issued incorporating the necessary revisions in the Contract Documents with respect to the Work, and City shall be entitled to an appropriate decrease in the Contract Price, reflecting the diminished value of Work so accepted.

(b) City May Correct Defective Work

1) If Contractor fails within a reasonable time after written notice from Consultant

to correct defective Work, or to remove and replace rejected Work as required by



Consultant, or if Contractor fails to perform the Work in accordance with the Contract Documents, or if Contractor fails to comply with any other provision of the Contract Documents, City may, after seven days written notice to Contractor, correct, or remedy any such deficiency.

2) In exercising the rights and remedies under this Paragraph, City shall proceed

expeditiously. In connection with such corrective or remedial action, City may exclude Contractor from all or part of the Site, take possession of all or part of the Work and suspend Contractor’s services related thereto, take possession of Contractor’s tools, appliances, construction equipment and machinery at the Site, and incorporate in the Work all materials and equipment stored at the Site or for which City has paid Contractor but which are stored elsewhere. Contractor shall allow City, City’s representatives, agents and employees, City’s other contractors, and Consultant and Consultant’s consultants access to the Site to enable City to exercise the rights and remedies under this Paragraph.

3) All claims, costs, losses, and damages (including but not limited to all fees and

charges of Consultants, architects, attorneys, and other professionals and all court or arbitration or other dispute resolution costs) incurred or sustained by City in exercising the rights and remedies outlined herein will be charged against Contractor, and a Change Order will be issued incorporating the necessary revisions in the Contract Documents with respect to the Work.

4) City shall be entitled to an appropriate decrease in the Contract Price. Such

claims, costs, losses and damages will include but not be limited to all costs of repair, or replacement of work of others destroyed or damaged by correction, removal, or replacement of Contractor’s defective Work.

5) Contractor shall not be allowed an extension of the Contract Times because of

any delay in the performance of the Work attributable to the exercise by City of City’s rights and remedies herein.

Section 6.05 The only venue for any action based upon this Agreement or the acts and omissions arising there from is in Val Verde County, Texas.

ARTICLE VII. CONTRACT PRICE

Section 7.01 City shall pay Contractor in current funds, for completion of the Work designated herein in accordance with the Contract Documents, a Lump Sum amount of $ ________________________.

Section 7.02 Changes in the Work

(a) Change Orders

1) Without invalidating the Contract and without notice to any surety, City may, at

any time or from time to time, order additions, deletions, or revisions in the Work by a Change Order.



(b) Contractor shall not be entitled to an increase in the Contract Price or an extension of

the Contract Times with respect to any work performed that is not approved by a written Change Order.

(c) City may execute appropriate Change Orders recommended by Consultant covering Changes ordered by City Work required because of correction defective Work; Changes in the Contract Price or Contract Times which are agreed to by the parties.

(d) Change Orders must be in writing and approved by the City Manager. If required by

the City Manager or Council, Change Orders must be approved by the City Council of the City of Del Rio

(e) Notification of Surety

1) If the provisions of any bond require notice to be given to a surety of any change

affecting the general scope of the Work or the provisions of the Contract Documents (including, but not limited to, Contract Price or Contract Times), the giving of any such notice will be Contractor’s responsibility. The amount of each applicable bond will be adjusted to reflect the effect of any such change.

Section 7.03 Change of Contract Price

(a) The Contract Price may only be changed by a Change Order.

Section 7.04 Change of Contract Times

(a) The Contract Times may only be changed by a Change Order.

(b) Delays

1) Where Contractor is prevented from completing any part of the Work within the

Contract Times due to delay beyond the control of Contractor, the Contract Times may be extended in an amount equal to the time lost due to such delay if a Change Order is requested in writing and approved by City Council.

2) Delays beyond the control of Contractor shall include fires, floods, epidemics,

abnormal weather conditions, or acts of God.

3) City, Consultant, and their officers, directors, members, partners, employees, agents, consultants, or subcontractors shall not be liable to Contractor for any claims, costs, losses, or damages (including but not limited to all fees and charges of Consultants, architects, attorneys, and other professionals and all court or arbitration or other dispute resolution costs) sustained by Contractor on or in connection with any other project or anticipated project.

4) Contractor shall not be entitled to an adjustment in Contract Price or Contract

Times for delays within the control of Contractor.



5) Delays attributable to and within the control of a Subcontractor or Supplier shall be deemed to be delays within the control of Contractor.

ARTICLE VIII . PAYMENT PROCEDURES

Section 8.01 Submittal and Processing of Payments.

(a) Contractor shall submit Applications for Payment in accordance with Consultant’s

Instructions.

Section 8.02 Progress Payments;

(a) City shall make milestone payments on account of the Contract Price on the basis of Contractor's Applications for Payment as recommended by Consultant, upon approval of the milestone of the Work.

(b) All milestone payments will be on the basis of the milestone of the Work measured

by the Schedule established by the Consultant.

(c) The Scope of Work and costs therefore will be adjusted as outlined in the Proposal Documents and Specifications.

Section 8.03 Final Payment.

(a) Upon completion and acceptance of the Work, City shall pay the remainder of the

Contract Price as recommended by Consultant.

ARTICLE IX. CONTRACTOR’S REPRESENTATIONS

Section 9.01 In order to induce City to enter into this Agreement, Contractor makes the following representations:

(a) Contractor has examined and carefully studied the Contract Documents and the other

related data identified in the Proposal Documents.

(b) Contractor has visited the Site and become familiar with and is satisfied as to the general, local, and Site conditions that may affect cost, progress, and performance of the Work.

(c) Contractor is familiar with and is satisfied as to all Federal, state, and local Laws and

Regulations that may affect cost, progress, and performance of the Work.

(d) Contractor does not consider that any further examinations, investigations, explorations, tests, studies, or data are necessary for the performance of the Work at the Contract Price, within the Contract Times, and in accordance with the other terms and conditions of the Contract Documents.



(e) Contractor is aware of the general nature of work to be performed by City and others at the Site that relates to the Work as indicated in the Contract Documents.

(f) Contractor has correlated the information known to Contractor, information and

observations obtained from visits to the Site, reports and drawings identified in the Contract Drawings, and all additional examinations, investigations, explorations, tests, studies, and data with the Contract Documents.

(g) Contractor has given Consultant written notice of all conflicts, errors, ambiguities, or

discrepancies that Contractor has discovered in the Contract Documents, and the written resolution thereof by Consultant is acceptable to Contractor.

(h) The Contract Documents are generally sufficient to indicate and convey

understanding of all terms and conditions for performance and furnishing of the Work.

ARTICLE X. CONTRACT DOCUMENTS

Section 10.01 The Contract Documents which comprise the entire agreement between City and Contractor concerning the Work consist of the following:

(a) This Agreement.

(b) Performance and Payment Bonds.

(c) Specifications.

1) Such documents requirements for materials, equipment, systems, standards and

workmanship as applied to the Work, and certain administrative requirements and procedural matters applicable thereto.

2) These are the specs as included in the proposal packet and as amended as needed

in writing.

3) Anything mentioned in the Technical Specifications and not shown on the Drawings or vice versa, shall be of like effect as if shown on or mentioned in both. In case of difference between Drawings and Technical Specifications, the Technical Specifications shall govern. In case of any discrepancy in Drawings, or Technical Specifications, the matter shall be immediately submitted to the City, without whose decision, said discrepancy shall not be adjusted by the Contractor, save only at his own risk and expense.

(d) Addenda added at a later date, if mutually agreed by both parties in writing, signed,

and approved by the City Council of the City of Del Rio.

(e) Proposal Documents, RFP and Specifications as provided to Proposers.



Section 10.02 Exhibits to this Agreement, enumerated as follows:

(a) Contractor's Proposal.

(b) Notice to Proceed.

Section 10.03 Change Orders.

(a) Change Orders that are not minor, that would change the Contract Sum, that the City Manager requests such or that would involve an extension of the Contract Term must be approved in writing by the City Council of the City of Del Rio.

(b) Upon approval by City Council as outlined above, or upon approval by the City’s

Designated Representative such Change Orders then become part of this Agreement.

Section 10.04 There are no Contract Documents other than those listed in this Article.

Section 10.05 Contract Documents: Intent, Amending, Reuse

(a) Intent

1) The Contract Documents are complementary; what is required by one is as binding as if required by all.

2) It is the intent of the Contract Documents to describe a functionally complete project (or part thereof) to be constructed in accordance with the Contract Documents. Any labor, documentation, services, materials, or equipment that reasonably may be inferred from the Contract Documents or from prevailing custom or trade usage as binding required to produce the indicated result will be provided whether or not specifically called for, at no additional cost to City.

(b) Clarifications and interpretations of the Contract Documents shall be issued by City’s

Designated Representative.

Section 10.06 Reference Standards

(a) Reference to standards, specifications, manuals, or codes of any technical society, organization, or association, or to Laws or Regulations, whether such reference be specific or by implications, shall mean the standard, specification, manual, code or Laws or Regulations in effect at the time of the Effective Date of the Agreement.

(b) The project to be constructed pursuant to this contract is subject to all applicable

Federal and State laws and regulations.

Section 10.07 Reporting and Resolving Discrepancies

(a) Reporting Discrepancies: 1) Before undertaking each part of the Work, Contractor shall carefully study and

compare the Contract Documents and check and verify pertinent figures therein



and all applicable field measurements.

2) Contractor shall promptly report in writing to City’s Designated Representative any conflict, error, ambiguity, or discrepancy which Contractor discovers, or should have discovered, and shall obtain a written interpretation or clarification from City’s Designated Representative before proceeding with any Work affected thereby.

3) If, during the performance of the Work, Contractor discovers any conflict, error,

ambiguity, or discrepancy, within the Contract Documents, or between the Contract Documents and (a) any applicable Law or Regulation, (b) any standard, specification, manual, or code, or (c) any instruction of any Supplier, then Contractor shall promptly report it to City’s Designated Representative in writing.

4) Contractor shall not proceed with the Work affected thereby (except in an

emergency) until an amendment or supplement to the Contract Documents has been issued after approval from City’s Designated Representative and/or City Council.

(b) Resolving Discrepancies:

1) Except as may be otherwise specifically stated in the Contract Documents, the

provisions of the Contract Documents shall take precedence in resolving any conflict, error, ambiguity, or discrepancy between the provisions of the Contract Documents, and;

2) The provisions of any standard, specification, manual, or code, or the instruction

of any Supplies (whether or not specifically incorporated by reference in the Contract Documents); or

3) The provisions of any Laws or Regulations applicable to the performance of the

Work (unless such an interpretation of the provisions of the Contract Documents would result in violation of such Law or Regulation).

ARTICLE XI. ASSIGNMENT OF CONTRACT

Section 11.01 No assignment by a party hereto of any rights under or interests in the Contract will be binding on another party hereto without the written consent of the party sought to be bound.

(a) Specifically, but without limitation, monies that may become due and monies that are

due may not be assigned without such consent (except to the extent that the effect of this restriction may be limited by law); and unless specifically stated to the contrary in any written consent to an assignment, no assignment will release or discharge the assignor from any duty or responsibility under the Contract Documents.



Section 11.02 Successors and Assigns.

(a) City and Contractor each binds itself, its partners, successors, assigns, and legal representatives to the other party hereto, its partners, successors, assigns, and legal representatives in respect to all covenants, agreements, and obligations contained in the Contract Documents.

ARTICLE XII. BONDS AND INSURANCE

Section 12.01 Performance and Payment Bonds

(a) Contractor shall furnish performance and payment bonds, each in an amount at least

equal to the Contract Price as security for the faithful performance and payment of all of Contractor’s obligations under the Contract Documents.

(b) These bonds shall remain in effect until one year after the date when final payment becomes due or until completion of the correction period specified herein, whichever is later. These bonds shall cover all aspects of the Deliverables and services to be provided under the Contract.

(c) Following Final System Acceptance, the amount of the bonds shall be reduced to an

amount approved by the City. (d) The bonds delivered at Contract commencement shall have an expiration date no

earlier than Final System Acceptance. Following Final System Acceptance, the City must be able to renew the bonds no fewer than sixty (60) days prior to expiration.

(e) The provision and maintenance of adequate insurance coverage and payment and

performance bonds as required herein are a material obligation of Contractor and are of the essence of the Contract. All such insurance and bonds shall satisfy all applicable laws of the State of Texas. Such insurance coverage and bonds shall be obtained from companies that are financially sound and reputable, are authorized to provide such coverage and bonds and are authorized to do business in Texas. Contractor shall at all times comply with the terms of such insurance policies and bonds, and all requirements of the insurer or surety under any such insurance policies and bonds, except as they may conflict with existing Texas laws or the Contract. The limits of coverage under each insurance policy or bond maintained by Contractor shall not be interpreted as limiting Contractor’s liability and obligations under the Contract.

Section 12.02 Licensed Sureties and Insurers

(a) All bonds and insurance required by the Contract Documents to be purchased and

maintained by Contractor shall be obtained from surety or insurance companies that are duly licensed or authorized in the State of Texas to issue bonds or insurance policies for the limits and coverages so required.

Section 12.03 Insurance



(a) During the term of this agreement, Contractor shall provide and maintain, at its own

expense, the types and minimum amounts of insurance as listed in the Proposal Documents and Specifications.

(b) All insurance policies shall be endorsed to require the insurer to immediately notify

the City of any material change in the insurance coverage.

(c) All insurance policies shall be endorsed to the effect that the City will receive at least sixty- (60) days' notice prior to cancellation or non-renewal of the insurance.

(d) All insurance policies, which name the City as an additional insured, must be

endorsed to read as primary coverage regardless of the application of other insurance.

(e) Required limits may be satisfied by any combination of primary and umbrella liability insurances.

ARTICLE XIII . SEVERABILITY

Section 13.01 Any provision or part of the Contract Documents held to be void or unenforceable under any Law or Regulation shall be deemed stricken.

(a) All remaining provisions shall continue to be valid and binding upon City and

Contractor.

ARTICLE XIV. INDEMNITY

Section 14.01 To the fullest extent permitted by Laws and Regulations, Contractor shall indemnify and hold harmless City and Consultant, and the officers, directors, members, partners, employees, agents, consultants, and subcontractors of each and any of them from and against all claims, costs, losses, and damages (including but not limited to all fees and charges of Consultants, architects, attorneys, and other professionals and all court or arbitration or other dispute resolution costs) arising out of or relating to all portions of this Agreement and the Work performed in relation to this Agreement by Contractor or by anyone for whom Contractor is responsible.

ARTICLE XV. BUSINESS ADDRESSES

Section 15.01 The business address of Contractor and City given herein is hereby designated as the place to which all notices, letters, and other communication to Contractor will be mailed or delivered.

Section 15.02 Either party may change its address at any time by an instrument in writing delivered to Consultant and to the other party.



IN WITNESS WHEREOF, City and Contractor have signed this Agreement. One counterpart each has been delivered to City, Contractor, Surety, and Consultant.



EXHIBIT A-CITY FORMS

City forms that are to be completed and submitted are provided as a separate file.



EXHIBIT B-PRICE SHEETS

Price Sheets that are to be completed and submitted are provided as a separate excel file. Screen shots are shown below.

Proposer

No. Price Item Total Price

I. Project Administration $0.00II. CSC System $0.00III. Vehicular TCS $0.00

TOTAL $0.00

Signature of Person(s) Authorized to Bind Contractor:

Date:

<insert proposer name>PRICE SUMMARY

REQUIRED PRICING

I. 101 Mobilization 1 Lump Sum $0

I. 102 Project Management 1 Lump Sum $0

I. 103 Bonds 1 Yearly $0

I. 104 Documentation 1 Lump Sum $0

$0

Item priced from NTP through Final System Acceptance.

Unit and Total Prices<insert proposer name>

No. Pay Item DescriptionTotal

CountUnit of

MeasureUnit Price Total Price

Proposer

Includes all contractual document deliverables.

TOTAL PROJECT ADMINISTRATION

Item priced from NTP through Final System Acceptance.

PROJECT ADMINISTRATION

Remarks



Calendar Year2017 2018 2019 2020 2021 2022

I. 201I. 202I. 203I. 204I. 205I. 206I. 207I. 208I. 209I. 210I. 211I. 212I. 213I. 214I. 215I. 216I. 217I. 218I. 219I. 220

2023 2024 2025 2026

I. 201I. 202I. 203I. 204I. 205I. 206I. 207I. 208I. 209I. 210I. 211I. 212I. 213I. 214I. 215I. 216I. 217I. 218I. 219I. 220

Maintenance SupervisorMaintenance Technician

Installation Technician

LABOR RATES-SUPPLEMENTAL WORKHourly Rate (Fully Burdened)

Systems AnalystTech Writer

Software Programmer

Other (Provide Detail Listing)

Installation SupervisorTester

Systems Engineer

LABOR RATES-SUPPLEMENTAL WORKHourly Rate

Proposer <insert proposer name>

Database Analyst

CSC Technician

Proposer

Position

Software DeveloperDatabase Administrator

<insert proposer name>

Project Manager

Calendar YearPosition

Project ManagerSoftware Developer

Database AdministratorDatabase Analyst

Software ProgrammerCSC Technician

Maintenance SupervisorMaintenance Technician

Installation TechnicianInstallation Supervisor

TesterSystems Engineer

Systems AnalystTech Writer

Other (Provide Detail Listing)



CSC SYSTEM HARDWAREII. 101 Host Hardware 1 Lump Sum $0II. 102 CSC SYSTEM Reports Server 1 Lump Sum $0II. 103 Telecommunications and LAN / WAN 1 Lump Sum $0

II. 104 Spare Parts-Initial Inventory 1 Lump Sum $0

TOTAL HARDWARE $0CSC SYSTEM SOFTWARE

II. 201 Host Application Software 1 Lump Sum $0II. 202 Reports Software 1 Lump Sum $0II. 203 COTS SW 1 Lump Sum $0

TOTAL SOFTWARE $0CSC SYSTEM DESIGN/INSTALLATION/TESTING/TRAINING

II. 301 CSC SYSTEM Design 1 Lump Sum $0II. 302 CSC SYSTEM Development 1 Lump Sum $0II. 303 CSC SYSTEM Installation 1 Lump Sum $0II. 304 CSC SYSTEM Factory Acceptance Test 1 Lump Sum $0II. 305 CSC SYSTEM Site Acceptance Testing 1 Lump Sum $0II. 306 Final Acceptance 1 Lump Sum $0II. 307 Training 1 Lump Sum $0

TOTAL DESIGN/INSTALL/TEST/TRAINING $0CSC SYSTEM MAINTENANCE

II. 401 CSC SYSTEM Level 2 Support - Base 84 Month $0

II. 402CSC SYSTEM Level 2 Support - Option

Years36 Month $0

TOTAL CSC SYSTEM $0

Please note that Contractor is responsible for all maintenance during the System Final Acceptance Phase at no additional cost. The monthly maintenance payments begin after the System Acceptance Phase is complete.Spare parts will be purchased during all maintenance years based on the completed Spare Parts List Form.

A listing of all parts, quanities and unit prices included in this price must be included in the completed Spare Parts List Form.

Proposer

Remarks

CSC SYSTEMUnit and Total Prices


No. Pay Item DescriptionTotal

CountUnit of

MeasureUnit Price Total Price



VEHICULAR TCS HARDWARE

III. 101 Plaza Host 1 Lump Sum $0III. 102 Manual/ETC 4 Lane $0III. 103 DVAS 1 Lump Sum $0

III. 104 Spare Parts-Initial Inventory 1 Lump Sum $0

TOTAL HARDWARE $0VEHICULAR TCS SOFTWARE

III. 201 Plaza Host 1 Lump Sum $0III. 202 Manual/ETC 1 Lump Sum $0III. 203 DVAS 1 Lump Sum $0

TOTAL SOFTWARE $0VEHICULAR TCS INSTALLATION

III. 301 Plaza Host 1 Lump Sum $0III. 302 Manual/ETC 4 Lane $0III. 303 DVAS 1 Lump Sum $0

TOTAL INSTALLATION $0

III. 401 System Design & Development 1 Lump Sum $0III. 402 Factory Acceptance Test 1 Lump Sum $0III. 403 Site Acceptance Test 1 Lump Sum $0III. 404 Final Acceptance 1 Lump Sum $0III. 405 Training 1 Lump Sum $0

TOTAL DESIGN/DEVELOP/TEST/TRAIN $0

ETC TRANSPONDERSIII. 501 Base Transponder 3000 Transponder $0III. 502 Transferrable 250 Transponder $0

TOTAL ETC TRANSPONDERS $0

VEHICULAR TCS MAINTENANCE

III. 601 Level 2 Maintenance Support - Base

84 Month $0

III. 602Level 2 Maintenance Support

Option Years 36 Month $0

TOTAL MAINTENANCE $0

TOTAL VEHICULAR TCS $0

Please note that Contractor is responsible for all maintenance during the System Final Acceptance Phase at no additional cost. The monthly maintenance payments begin after the System Acceptance Phase is complete.Spare parts will be purchased during all maintenance years based on the completed Spare Parts List Form.

VEHICULAR TCS DESIGN/DEVELOPMENT/TESTING/TRAININGAlso includes MOMS, Reports and interface to the Pedestrian turnstiles

A listing of all parts, quanities and unit prices included in this price must be included in the completed Spare Parts List Form.

VEHICULAR TCS ComponentsUnit and Total Prices


No. Pay Item DescriptionTotal Count

Unit of Measure

Contractor Unit Price Total Price

Proposer

Remarks



Total Count

Unit of Measure

Contractor Unit Price

Total Price

II. 501II. 502II. 503II. 504II. 505II. 506II. 507II. 508II. 509II. 510II. 511II. 512II. 513II. 514II. 515II. 516II. 517II. 518II. 519II. 520

II. 104

Additional rows may be added as needed by the contractor

SPARE PARTS LIST-CSC SYSTEMProposer <insert proposer name>

Spare Part Description

Unit prices will be used through the term of this contract when buying spare parts. Any changes to these prices must be approved by the CITY.

Unit Price

Initial Inventory

TOTAL SPARE PARTSINITIAL INVENTORY CSC SYSTEM

Total Count

Unit of Measure

Contractor Unit Price

Total Price

III. 701III. 702III. 703III. 704III. 705III. 706III. 707III. 708III. 709III. 710III. 711III. 712III. 713III. 714III. 715III. 716III. 717III. 718III. 719III. 720

III. 104

Additional rows may be added as needed by the contractor

TOTAL SPARE PARTSINITIAL INVENTORY VEHICULAR TCS

Spare Part Description

SPARE PARTS LIST-VEHICULAR TCSUnit Price

Proposer <insert proposer name>

Unit prices will be used through the term of this contract when buying spare parts. Any changes to these prices must be approved by the CITY.

Initial Inventory



EXHIBIT C-EXCEPTIONS TO TERMS & CONDITIONS FORM Exceptions form that is to be completed and submitted is provided as a separate excel file. Screen shot is provided below.

Contractor: <insert name>

No.Ts and Cs

No.Ts and Cs Title RFP Page Exception to RFP Language Proposed Alternative Language

123456789

10111213141516171819202122232425

City of Del Rio International Bridge Request for ProposalsToll Collection System Procurement

EXCEPTIONS TO TERMS AND CONDITIONS FORM



EXHIBIT D-QUESTION SUBMITTAL FORM

Question form that is to be completed and submitted is provided as a separate excel file. Screen shot is provided below.

Contractor: <insert name>

Question No.

RFP Section

No.RFP Section Name RFP Page Question/Comment

12345678910111213141516171819202122232425

City of Del Rio International Bridge Request for ProposalsToll Collection System Procurement

QUESTION SUBMITTAL FORM

Laredo International Bridges Toll Collection System and

Documents

Transcript of Laredo International Bridges Toll Collection System and