Department of Finance Tel (914) 654-2063 515 North Avenue Fax (914) 654-2344 New Rochelle, NY 10801 Writer's Tel (914) 654-2353 Howard Rattner Commissioner City of New Rochelle New York REQUEST FOR PROPOSAL Specification No. 5038 FURNISH AND INSTALL RED LIGHT PHOTO VIOLATION SYSTEM AND RELATED SERVICES 1) OVERVIEW The City of New Rochelle is seeking proposals from qualified firms who have a demonstrated, on-going experience in the planning, design, implementation, installation, operation and maintenance of turnkey traffic signal photo enforcement systems. 2) PROPOSAL DUE DATE Proposals will be accepted up until 3:00 pm on November 25, 2014 in the Purchasing Office, City of New Rochelle City Hall, 515 North Avenue, New Rochelle, N.Y. 10801 and mailed to the attention of Mark Zulli, Deputy Finance Commissioner. The City of New Rochelle is a sponsor of the Westchester Affirmative Action Equal Employment Agreement and strongly encourages all firms qualified and certified as Women/Minority Business Enterprises (W/MBE) to submit proposals. 3) PRE-PROPOSAL QUESTIONS All questions must be submitted in writing via e-mail to mzulli@newrochelleny.com no later than October 29, 2014. The City reserves the right to amend the RFP based on questions and issues raised at any time prior to the RFP submission deadline. Please contact Mark Zulli, Deputy Finance Commissioner to confirm your participation in the proposal process via e-mail at the address above. 1
4) INTENT and SCOPE OF WORK a) Background The City of New Rochelle seeks the services of a qualified contractor to provide all labor, materials, equipment, and services to plan, design, furnish and install, maintain and operate a color, digital camera system capable of detecting and recording red light violations. The Red Light Camera (RLC) Enforcement System shall consist of providing all equipment, personnel, and support services required for automated enforcement of red light violations in conjunction with input from City departments. The City s primary goal is to maximize traffic safety by photographically and /or electronically collecting legally sufficient images for the issuance of successful Notices of Liability ( NOL ) to the owners of vehicles that disregard red lights. The City is authorized to install cameras in up to twelve intersections. The City anticipates between 6 and 12 intersection locations will be select for RLC enforcement. The legislation does not limit the number of cameras, only the intersections. The City may not charge an administration fee. The maximum penalty is fifty dollars ($50.00); however, the City may impose a twenty five dollar ($25.00) fee for failure to respond to the notice of violation within the prescribed time period. b) Role of City Departments New Rochelle Police Department (NRPD) The NRPD shall be responsible for reviewing all photographic and / or electronic images to determine if a violation occurred. Prior to mailing the Notice of Liability to the vehicle owner, the contractor shall submit all images of the violation to the NRPD for review. Violations that the NRPD determines to be valid will be returned to the contractor for processing and mailing. NRPD shall respond to all public inquiries regarding RLC violations and conduct hearings on contested tickets. Traffic Engineering Department The City of New Rochelle Traffic Engineering Department will provide the contractor with access to the traffic signal control cabinets for inspection purposes. The department will also assist the contractor with any traffic signal timing or systems issues. c) Traffic Signal Infrastructure Please contact Michael Briska, Traffic Engineer for information regarding traffic control devise in use by the City. d) System Requirements i. The Proposer must have the proper authorization and capability of accessing motor vehicle records for all vehicles registered in the United States in order to identify the owners of vehicles that will receive the Notice of Liability (NOL). 2
ii. The system shall be capable of producing program monitoring reports that meet New York State traffic law requirements and include, but are not limited to: Number of violations by location, Number of violations where NOL were not issued, Number of NOLs issued, Summary of equipment hours of service, Summary of equipment hours of malfunctions. iii. The contractor shall maintain a proper chain of evidence that meets the requirements of City, County, State, and Federal traffic code enforcement policies and procedures. iv. While the City has no preference for the RLC technology proposed, the City prefers a system that is: Comprised of equipment of the latest technology suitable to produce legally sufficient color digital images of violations, Modular in construction to facilitate easy installation and transportability, Tamper and vandal proof, and Will have as little impact or reliance on existing traffic signal infrastructure as possible. v. Preference will also be given to systems that allow City personnel to view images in real time over an internet connection. vi. The contractor shall ensure, to the extent practicable, that the digital images produced by the system shall not include images that identify the driver, passengers, or contents of the vehicle. vii. The RLC system shall operate 24x7 and shall record all pertinent data for each violation at time of capture that shall include, but is not limited to: License plate number Unique violation identifier Location of violation Date of violation (mm/dd/yyyy) Time of violation Elapsed time between images Direction of travel Traffic signal phase Time into the red phase Vehicle speed Duration of prior amber phase Vehicle lane of travel Camera ID, and Frame sequence numbers. 3
viii. The shall retrieve the evidence of violations, and where necessary, replace the film and / or data storage components on a regular basis. ix. The system should be capable of generating Notices of Liability that include, but are not limited to: The name and address of the registered owner of the vehicle, Notice that the violation is pursuant to City ordinance, Images of the violation, Location of the violation, An image of the license plate number, The date and time into the red zone when the violation occurred, The speed of the vehicle, A statement that the recorded images are evidence of the infraction, The civil fine imposed and date by which payment must be made, The procedures for payment, and Instructions for viewing the images online. x. The shall initially review the images and sort out images for categories the City has determined exempt, such as police, fire, and ambulance vehicles, and funeral processions. xii. The shall then submit the images via a secure website to the New Rochelle Police Department for review. After the NRPD has determined which images are legitimate violations they will be returned to the for processing and mailing. xii. Upon mailing of violations, the contractor shall transfer on a daily basis all ticket information to the NRPD for subsequent payment, hearing, noticing, and enforcement processing, if NRPD selects to do so. xiii. All images recorded by the RLC system shall become the property of the City. xiv. The contractor shall provide a secure web site so the owners of vehicles that receive violations can view the images and video. xv. The proposed system shall be capable of interfacing and exporting data and images to other City databases as required. xvi. The City prefers a system that does not require processing software to be installed on City owned IT systems. xvii. The violation processing system shall be internet enabled and shall be available 24/7 for authorized users. xviii. The system shall be capable of producing regular statistical reports on RLC system operations. 4
xix. The shall guarantee to repair or replace any inoperable equipment within 48 hours of detection by the or notification from the City. xx. The proposed system must be compliant with all applicable local, state, and federal laws having jurisdiction in the use of RLCs for traffic enforcement. The City shall have ultimate responsibility for ensuring compliance and controlling program oversight. Accordingly, the City has identified the following responsibilities: City / Responsibilities Program Oversight Planning Design Plan Review Equipment Ownership Installation Inspection Operation Maintenance Citation Processing Initial Citation Review Subsequent Citation Review Citation Mailing Citation Enforcement Testifying Public Awareness City City / City City City City / City xx. Upon termination of the contract, and / or upon the findings of the New York State courts, or New Rochelle that the RLC system is not permitted by law, or upon the expiration and non-renewal of the State law, the contractor shall remove all installed RLC system equipment at no cost to the City. The contractor shall have thirty (30) days from the date of contract termination to remove the RLC system equipment and restore the affected areas to their pre-installation condition. e) Required Services The City expects to receive turnkey services that include, but are not limited to the following: System Planning i. The contractor shall provide site analysis and data to assist the City in selecting intersections for the system. The City shall make the final decision on which intersections shall have the system installed. ii. The contractor shall provide the City with detailed hardware and software specifications for computer interfaces, cameras, detection equipment, wiring, and any necessary appurtenances. All specifications are subject to City approval. 5
iii. The contractor shall provide the City with detailed specifications on recommended telecommunications and data transfer protocols. All specifications are subject to City approval. iv. The contractor shall provide the City with recommended City staffing levels and estimated labor hours for the City s program responsibilities. Site Design i. The contractor shall not have any control over traffic signal operations. ii. The applicable elements of the proposed system shall meet or exceed the requirements of the latest edition of the Federal Highway Administration (FHWA) Manual on Uniform Traffic Control Devices (MUTCD). iii. The contractor shall prepare complete sets of design drawings and installation plans that are signed and sealed by licensed engineers registered in the State of New York. iv. The contractor shall be responsible for obtaining all approvals, permits, certifications, and clearances required by the City, County, State, and Federal regulatory agencies having jurisdiction for the streets, roadways, and highways within the City. v. Prior to installation the City shall review and approve all design drawings and installation plans. Installation i. The contractor shall not have any unsupervised access to City equipment. ii. All construction/installation shall conform to the applicable City, County, State, and Federal construction standards and guidelines, including the New York State Department of Labor Prevailing Wage laws. iii. The installation and operation of the RLC system shall not a. adversely affect traffic signals, b. damage streets, c. impede street maintenance, or d. in any way restrict street operations. iv. The RLC system shall be tested to the City s satisfaction. All testing results shall be documented and presented to the City Engineer. v. Upon completion of all construction, as-built drawings for each intersection shall be delivered to the City Engineer. System Maintenance i. The contractor shall be required to maintain the RLC system in proper working order at all times. 6
ii. Any defective cameras or other equipment shall be repaired or replaced within 48 hours of notification by the City or detection by the contractor. iii. The contractor shall inspect all cameras and related intersection equipment at least weekly and provide the City with copies of all inspection and maintenance reports. Public Awareness i. The contractor shall assist the City with the content and design of a public education program and associated materials. ii. The contractor shall participate in any ongoing media campaign. iii. The contractor shall attend public meetings as required and assist the City in demonstrating the RLC system and program if necessary. iv. All associated materials shall be produced and distributed at the contractor s cost. v. Administrative Hearing Requirements i. The City maintains control of the hearing process. The contractor shall provide support to the hearing process, including providing expert testimony if required. ii. The shall provide evidence packages for every hearing within five (5) days notification from the City. iii. The evidence packages shall include, but are not limited to: date, time, and location of violation, digital image of first violation, digital image of second violation, digital image of license plate, video clip of violation, and inspection/maintenance reports indicating that the equipment was properly functioning at time of violation. Training The contractor shall provide the City with all necessary training as it relates to the City s role in the system s operation. Such training shall include, but is not limited to camera operations, image processing, web applications, and violation processing system. 7
5) AWARD CRITERIA The award of a contract for the described services will be made by the City s RFP Evaluation Committee and shall be based on the respondent s qualifications including, but not limited to, the following: cost of service, references, knowledge and interpretation of the City s needs, and experience. Respondents may be required to make a presentation of their qualifications to the committee. Proposals will be evaluated and scored on the basis of the following criteria: A. Experience and Qualifications of the Proposer (maximum 40 points) Consideration will be given to proposers demonstrating strong capabilities, experience and reputation in undertakings similar to those described in this RFP, and providing authoritative documentation of their financial soundness and stability. Similar experience will be understood to include providing similar services to major public and private sector corporations. B. Proposal Completion (maximum 20 points) Proposal responses will be evaluated on completeness, clarity/accuracy of the information requested, and proposal presentation. C. Financial Terms (maximum 40 points) Consideration will be given to proposals that present the best value to the City over the term of the contract. 6) TERMS OF CONTRACT The contract shall be awarded for a term of three (3) years with an option to renew the agreement for additional years upon mutual consent. 7) PROPRIETY INFORMATION The New York State Freedom of Information Law, Public Officers Law, Article 6, provides for public access to information. Public Officers Law, Section 87(d)(2) provides for exceptions to disclosure for records or portions thereof that are "trade secrets or are submitted to an agency by a commercial enterprise or derived from information obtained from a commercial enterprise and which if disclosed would cause substantial injury to the competitive position of the subject enterprise." Information that the proposer wishes to have treated as proprietary and confidential trade information should be identified and labeled "Confidential" or "Proprietary" on each page at the time of submittal. This information should include a written request to except it from disclosure, including a written statement of the reasons why the information should be excepted. 8
8) RIGHT TO REJECT PROPOSALS This RFP does not commit the City to award a contract, pay any cost incurred in the preparation of a proposal in response to this RFP or to procure or contract for services. The City intends to award a contract on the basis of the best interest and advantage to the City, and reserves the right to accept or reject any or all proposals received as a result of this request, to negotiate with all qualified proposers or to cancel this RFP in part or in its entirety, if it is in the best interest of the City to do so. 9) CANCELLATION CLAUSES Any violation of the terms, conditions, requirements and/or non-performance of the agreement resulting from this RFP shall result in immediate cancellation. The agreement may be cancelled by the City for any other reason(s) upon sixty (60) days written notice. 10) ASSIGNMENT The awarded vendor shall not assign the contract or any part thereof without the written approval from the City. 11) LIABILITY REQUIREMENTS a) Errors and Omissions Policy: The successful company shall supply and maintain insurance which defends, indemnifies and holds harmless the City, its officers, employees and agents from and against any and all liability, damages, claims, demands, costs, judgments, fees, attorney s fees or loss arising directly out of acts or omissions hereunder by the contractor or third party under the direction or control of the contractor in an amount not less than $1,000,000. b) The successful company must furnish the City with Certificates of Insurance prior to commencement of work. The required coverage shall not be less than the following: Workers Compensation New York State Disability Coverage Public Liability/Property Damage Automobile Liability Statutory Requirements Statutory Requirements $2,000,000 combined single limit $2,000,000 per occurrence INSURANCE CERTIFICATES SHALL NAME THE CITY OF NEW ROCHELLE AS ADDITIONAL INSURED PARTY AND SHALL STATE THAT ALL COVERAGE BE PRIMARY TO ANY OTHER INSURANCE COVERAGE HELD BY THE CITY. 14) SCOPE OF WORK and PROPOSAL CONTENT Proposals shall be prepared simply and economically, providing a straightforward, concise description of the Proposer s qualifications, experience, and capabilities to satisfy the requirements presented in this RFP. Elaborate brochures and other representations beyond those sufficient for presenting a complete proposal are neither required nor desired. 9
The Proposal format shall be organized into the following sections in the order shown. Each section must be clearly labeled and separated by tabs. All pages must be numbered. Tab 1) Shall include a cover letter introducing the Proposer by describing its origin, current ownership and management, and a summary of the Proposer s qualifications to perform the work described herein. If the Proposer is a joint venture or consortium, the origin, current ownership and management, and qualifications of each firm comprising the joint venture or consortium shall be separately identified and the principles of each firm shall be noted. Indicate whether the Proposer (and each firm comprising the joint venture or consortium) is national, regional, or local, the number of years in business, the total number of employees, and the total number of employees in the local office that will be dedicated to the City of New Rochelle contract. Indicate if the Proposer will be providing all services required herein with their own work force or if sub-contractors will be used. Also include the following: Legal organizational name and address of the Prime ; Legal organizational name and address of all firms comprising the joint venture or consortium, and sub-contractors and consultants, if any; Name, title, telephone (land and cell), facsimile number, and e-mail of the person(s) authorized to bind the Proposer contractually; Name, title, telephone (land and cell), facsimile numbers, and e-mail of the person(s) to be contacted regarding the content of the Proposal, if different from the above. In addition, the Proposer (and each firm comprising the joint venture or consortium, and each sub-contractor/consultant, if any) shall provide an affirmative statement that they are independent of the City of New Rochelle. Proposers shall disclose all direct and indirect, actual or potential conflicts of interest it or any of the Proposer s personnel and sub-consultants may have with the City of New Rochelle Lastly, describe the Proposer s current workload and the status of all current projects. Provide the same for each firm if this is a joint venture or consortium. The cover letter shall be signed by the person(s) authorized to bind the Proposer contractually. Tab 2) Describe the Proposer s qualifications and experience in planning, designing, installing, operating, and maintaining a Red Light Camera Enforcement Program. Describe the type of work that shall be performed by your own workforce and that performed by subcontractors, if any. If subcontractors are used, describe their 10
qualifications and experience, the services they will provide, and the percentage of the overall work they will perform. Describe ALL litigation involving your Red Light Camera Programs in the United States over the past ten (10) years and the subsequent dispositions. Provide a complete list of ALL your clients in the United States over the past ten years. Include the following information: 1. Agency/owner 2. Contract number 3. Contract title 4. Name & location of project 5. Contact name, telephone number, address 6. Brief description of work and services provided 7. Indicate if you were a prime or sub-contractor 8. If you were the prime contractor and sub-contractors were used, identify the names of the sub-contractors and describe the work they performed 9. Period of performance 10. Method of compensation 11. Original contract amount 12. Current or final contract amount 13. Number of change orders 14. Reason for change orders 15. Describe any area of the scope-of-work considered unique 16. Indicate any key individuals who participated in this contract that are proposed to be assigned to the City contract. Tab 3) Provide a description of the Proposer s organizational structure and management and work force by task. The proposal must name the proposed project manager(s). Include the resume of the proposed project manager(s). The resumes must indicate employment history, education, professional licenses, experience directly related to this Work, and a minimum of two references. The proposed project manager must have successfully managed at least three (3) completed or in-progress projects of similar type, size and scope within the last ten (10) years. Identify the office that will be assigned to the City of New Rochelle contract along with the principle management and supervisory staff, including partners, managers, and all supervisors and specialists, that will be assigned to this work and indicate their experience with performing the work required herein. 11
Indicate which previous contracts for the Proposer that the proposed New Rochelle team members have worked on. Describe the proposed New Rochelle team members specific responsibilities. Describe the lines of authority and communication. Explain how you envision the project team interacting with City representatives. Describe your organization s customary selection and replacement procedures for the project staff that will be providing the services as outlined in this RFP, including your organization s willingness to commit to City requests to maintain specific staffing assignments on key portions of the project. Tab 4) Describe the Proposer s technical approach to implementing the program and services and provide a detailed Scope-of-Work describing how you will satisfy all the requirements in the RFP. At a minimum the Scope-of-Work shall address the following: The technology of the proposed Red Light Camera system, including detailed descriptions of all equipment, hardware, and software. How the proposed equipment will interface with the City s traffic signal equipment. How the proposed cameras and support equipment will be powered and at who s cost. How the RLC violations are captured, stored, and where. Your implementation approach including planning, site design, construction. Also indicate how long it will take to mobilize, install, and have the system operational. Your quality control policies and procedures for implementing work of this nature. Your safety policies. List ALL OSHA or similar regulatory agency violations and / or penalties that your firm and your subcontractors/subconsultants have received in the last ten (10) years and the case dispositions. Your method of providing public information and education. Provide examples of three (3) red light enforcement community awareness campaigns that you have implemented. Your maintenance and inspection procedures and policies. Your methods for training City personnel in the operation of your RLC system including hardware and software applications. Tab 5) Describe your financial and organizational stability. All information must be supported with most recent audited financial statements. Tab 6) Describe what you consider to be pertinent issues, potential problems, and risks related to this project. 12
Tab 7) Cost Proposal. The City desires to implement a system without cost to the taxpayers. The City also has no desire to own the system or pay any costs for the installation of the system and subsequent operation and maintenance of the system. Therefore, Proposers are encouraged to offer alternate compensation structures for consideration and provide a justification for the recommended payment alternatives. Such compensation structures may include but are not limited to: a. Monthly lease rate per intersection, b. Payment based on number of successful violations issued, c. Payment as a percentage of total monthly revenue collected, d. Payment as a fixed fee per Notice of Liability issued. e. Payment as a percentage of the amount collected from a specific amount of violations per camera. While cost is only one of the factors the City will consider in selecting a, the City will only enter a contract if a firm s Cost Proposal, as submitted or negotiated, is reasonable in the City s sole judgment. Tab 8) Exhibit A: Include completed and signed Exhibit A attached hereto. Provide one (1) original and three (3) copies of your response 15) QUALIFIATION REQUIREMENTS The following list is the minimum vendor qualification requirements. 1) At least 5 years experience providing similar services to a City of similar size. 2) At least 3 references for clients currently/previously served. 3) At least two of the references to be a city, town or county government of similar size. 17) CITY CONTACT PERSON If there are any questions concerning this Request for Proposal, please contact Mark Zulli, Risk/Purchasing Manager at (914) 654-2353. 18) GENERAL New York Law and Venue The contract/agreement resulting from this RFP shall be construed under the laws of the State of New York. All claims, actions, proceedings, and lawsuits brought in connection with, arising out of, related to, or seeking enforcement of this contract/agreement shall be brought in the Supreme Court of the State of New York, Westchester County. In addition, all City contractors not incorporated in the State of New York shall produce a Certificate to Do Business in the State of New York from the New York Secretary of State prior to executing their contract with the City. Iran Divestment Act By submission of this bid, each bidder and each person signing on behalf of any bidder certifies, and in the case of a joint bid, each party thereto certifies as to its own organization, under penalty of perjury, that to the best of its knowledge and belief that each bidder is not on the list created pursuant to paragraph (b) of subdivision 3 of section 165-a of the state finance law. 13
EXHIBIT A: REQUEST FOR PROPOSAL SPECIFICATION # 5038 All terms, conditions and requirements as set forth in this Request for Proposal are acceptable as specified therein. Yes No If "NO", please provide a detailed description and/or explanation of any deviation in your proposal from the specification detailed in the Request for Proposal with your proposal response. By submission of this proposal, each bidder, and each person signing on behalf of any bidder, and in the case of a joint bid, each party thereto as to its own organization, under penalty of perjury, certifies that to the best of its knowledge and belief: A. the prices in this proposal have been arrived at independently without collusion, consultation, communication or agreement, for the purpose of restricting competition, as to any matter relating to such prices with any other bidder or any competitor; and B. unless otherwise required by law, the prices which have been quoted in this proposal have not been knowingly disclosed by the bidder prior to the opening, directly or indirectly, to any other bidder or to any competitor; and C. no attempt has been made or will be made by the bidder to induce any other person, partnership or corporation to submit or not to submit a bid for the purpose of restricting competition. The bidder certifies that this proposal is made without any connection with any other person making a proposal for the same purpose, and is in all respects fair and without collusion or fraud, and that no elected official or other officer or employee or person whose salary is payable in whole or in part from the City of New Rochelle treasury is directly or indirectly interested therein, or in any portion of the profits thereof. As an authorized representative of the identified company, I accept all the terms and conditions identified in Request for Proposal Spec. #5038 except as identified. Company Name and Address Authorized Signature Date Name and Title Phone Number Email Address Fax Number 14