Duluth Transit Authority

REQUEST for BIDS FOR ASSISTANCE CALLS SERVICES, ALARM MONITORING SERVICES January 6, 2016 2402 W. Michigan St Duluth, MN 55806 (218) 623-4316 fax: (218) 722-4428 email: nbrown@duluthtransit.com Bid # 041-16-0304.1

2 Request for Bids Assistance Call Services, Alarm Monitoring Services The hereby requests bids for to provide Assistance Call Services and Alarm Monitoring Services for the. Respondents may respond to this solicitation for one or both of the desired services. Sealed bids are to be mailed or delivered to: Procurement Manager 2402 West Michigan Street; Duluth MN 55806. Bids must be received no later than 1:00 p.m. on Thursday, January 20, 2016. The DTA reserves the right to accept or reject any and/or all bids in the best interest of the DTA. Specifications are available on the DTA Website and may be Emailed or mailed to prospective bidders. Contact (218) 623-4329 or nbrown@duluthtransit.com.

3 A. GENERAL SPECIFICATIONS FOR Assistance Call Services, Alarm Monitoring Services a) Bids are requested for the provision of Assistance Call Services at the Duluth Transportation Center scheduled to open in February 2016 and Alarm Monitoring Services at all three DTA facilities. Respondents may bid on one or both of the desired services. b) Bids shall be on the proposed rates and costs for the project under the requirements and conditions set forth herein. c) The DTA reserves the right to accept or refuse any or all bids in the interest of the Duluth Transit Authority. d) All inquiries and other correspondence relating to this request for bids, both prior to and subsequent to the award, shall be addressed to Procurement Manager,, 2402 West Michigan Street, Duluth, MN 55806. e) Where proprietary terms are used in these specifications, it is understood that they are followed by the words or equal. f) The DTA will choose based on the low responsive and responsible bid. g) Bids must be submitted on the forms attached prior to the deadline. Bids shall not stipulate any condition not contained in the specifications and other documents submitted. h) Bids must be received no later than 1:00 p.m. on Thursday, January 20, 2016 ( bid deadline ). Bids may be submitted via a securely sealed envelope marked Assistance Call Services and/or Alarm Monitoring Services and mailed or delivered to: Procurement Manager,, 2402 West Michigan Street, Duluth, MN 55806. i) Bids must be received by the proposal deadline, time means local time in Duluth, MN. Bids received after such time may not be considered. j) Bid prices shall be good for a period of 90 days after submission. k) The price quoted in any proposal submitted shall include all items of services, labor, material, alterations, tools, equipment and other costs necessary to fully complete the production and delivery of the equipment pursuant to these specifications. It is the intention of these specifications to provide and require complete equipment of the type prescribed herein. Any items omitted from the specifications which are clearly necessary for the operation of such equipment shall be considered included in the specifications although not directly specified or called for in these specifications. No advantage shall be taken by the manufacturer or supplier in the omission of any part or detail which goes to make the equipment complete and ready for service or use. l) Terms of payment shall be thirty (30) days net from the conclusion of the month for which payment is due, unless a discount for earlier payment is solicited by the DTA and offered by the Proposer. m) Invoices shall be addressed to: Finance Director,, 2402 West Michigan Street, Duluth, MN 55806. n) Protests of this procurement will only be accepted from prospective bidders or offerors whose direct economic interest would be affected by the award of a proposal. Protest instructions can be found on the website at www.duluthtransit.com. o) The is exempt from payment of Federal excise and transportation tax, Minnesota Sales tax and City of Duluth sales tax. p) This purchase is funded in part by a grant from the Federal Transit Administration ( FTA), grant (MN-90-X304).

4 FEDERALLY REQUIRED CONTRACT CLAUSES a) Energy Conservation- The vendor agrees to comply with mandatory standards and policies relating to energy efficiency which are contained in the state energy conservation plan issued in compliance with the Energy Policy and Conservation Act, 42 U.S.C 6321 et seq. b) Contractor shall at all times comply with all applicable FTA regulations, policies, procedures and directives, including without limitation, those listed directly or by reference in the Master Agreement between the Purchaser and FTA, as they may be amended or promulgated from time to time during the term of this contract. c) The Purchaser and Contractor acknowledge and agree that, notwithstanding any concurrence by the Federal Government in or approval of the solicitation or award of the underlying contract, absent the express written consent by the Federal Government, the Federal Government is not a party to this contract and shall not be subject to any obligations or liabilities to the Purchaser, Contractor, or any other party (whether or not a port to that contract) pertaining to any matter resulting from the underlying contract. d) The Contractor acknowledges that the provisions of the Program Fraud Civil Remedies Act of 1986, as amended, 31 U.S.C. 3801 et seq. and U.S. DOT regulations, Program Fraud Civil Remedies, 49 C.F.R. Part 31, apply to its actions pertaining to this Project. Upon execution of the underlying contract, the Contractor certifies or affirms the truthfulness and accuracy of any statement it has made, it makes, it may make, or causes to be made, pertaining to the underlying contract or the FTA assisted project for which this contract work is being performed. In addition to other penalties that may be applicable, the Contractor further acknowledges that if it makes, or causes to be made, a false, fictitious, or fraudulent claim, statement, submission, or certification, the Federal Government reserves the right to impose the penalties of the Program Fraud Civil Remedies Act of 1986 on the Contractor to the extent the Federal Government deems appropriate. The Contractor also acknowledges that if it makes, or causes to be made, a false, fictitious, or fraudulent claim, statement, submission, or certification to the Federal Government under a contract connected with a project that is financed in whole or in part with Federal assistance originally awarded by FTA under the authority of 49 U.S.C. 5307, the Government reserves the right to impose the penalties of 18 U.S.C. 1001 and 49 U.S.C. 5307(n)(1) on the Contractor, to the extent the Federal Government deems appropriate. e) The DTA may terminate this contract, in whole or in part, at any time by written notice to the Contractor when it is in the Government s best interest. The Contractor shall be paid its costs, including contract close-out costs, and profit on work performed up to the time of termination. The Contractor shall promptly submit its termination claim to the DTA to be paid to the Contractor. If the Contractor has any property in its possession belonging to the DTA, the Contractor will account for the same and dispose of it in the manner the DTA directs. If the Contractor fails to deliver supplies or to perform the services within the time specified in this contract or any extension or if the Contractor fails to comply with any other provisions of this contract, the DTA may terminate this contract for default. The DTA shall terminate by delivering to the Contractor a Notice of Termination specifying the nature of the default. The Contractor will only

5 be paid the contract price for supplies delivered and accepted, or services performed in accordance with the manner or performance set forth in this contract. If, after termination for failure to fulfill contract obligations, it is determined that the Contractor was not in default, the rights and obligations of the parties shall be the same as if the termination had been issued for the convenience of the DTA. f) This contract is a covered transaction for purposes of 49 CFR Part 29. As such, the contractor is required to verify that none of the contractor, its principals, as defined at 49 CFR 29.995, or affiliates, as defined at 49 CFR 29.905 are excluded or disqualified as defined at 49 CFR 29.940 and 29.945. The Contractor is required to comply with 49 CFR 29, Subpart C and must include this requirement to comply with 49 CFR 29, Subpart C in any lower tier covered transaction it enters into. By signing and submitting its bid or proposal, the bidder or proposer certifies as follows: The certification in this clause is a material representation of fact relied upon by the Duluth Transit Authority. If it is later determined that the bidder or proposer knowingly rendered an erroneous certification, in addition to remedies available to the, the Federal Government may pursue available remedies, including but not limited to suspension and/or debarment. The bidder or proposer agrees to comply with the requirements of 49 CFR 29, Subpart C while this offer is valid and throughout the period of any contract that may arise from this offer. The bidder or proposer further agrees to include a provision requiring such compliance in its lower tier covered transactions. g) This contract is subject to the requirements of Title 49, Code of Federal Regulations, Part 26, Participation by Disadvantaged Business Enterprises in Department of Transportation Financial Assistance Programs. The national goal for participation of Disadvantaged Business Enterprises (DBE) is 10%. The agency s overall goal for DBE participation is 12 %. A separate contract goal has not been established for this procurement. The contractor shall not discriminate on the basis of race, color, national origin, or sex in the performance of this contract. The contractor shall carry out applicable requirements of 49 CFR Part 26 in the award and administration of this DOT-assisted contract. Failure by the contractor to carry out these requirements is a material breach of this contract, which may result in the termination of this contract or such other remedy as deems appropriate. h) Nondiscrimination (1) In accordance with Title VI of the Civil Rights Act, as amended, 42 U.S.C. 2000d, section 303 of the Age Discrimination Act of 1975, as amended, 42 U.S.C. 6102, section 202 of the Americans with Disabilities Act of 1990, 42 U.S.C. 12132, and Federal transit law at 49 U.S.C. 5332, the Contractor agrees that it will not discriminate against any employee or applicant for employment because of race, color, creed, national origin, sex, age, or disability. In addition, the Contractor agrees to comply with applicable Federal implementing regulations and other implementing requirements FTA may issue. (2) Equal Employment Opportunity - The following equal employment opportunity requirements apply to the underlying contract: (a) Race, Color, Creed, National Origin, Sex - In accordance with Title VII of the Civil Rights Act, as amended, 42 U.S.C. 2000e, and Federal transit laws at 49 U.S.C. 5332, the Contractor agrees to

6 comply with all applicable equal employment opportunity requirements of U.S. Department of Labor (U.S. DOL) regulations, "Office of Federal Contract Compliance Programs, Equal Employment Opportunity, Department of Labor," 41 C.F.R. Parts 60 et seq., (which implement Executive Order No. 11246, "Equal Employment Opportunity," as amended by Executive Order No. 11375, "Amending Executive Order 11246 Relating to Equal Employment Opportunity," 42 U.S.C. 2000e note), and with any applicable Federal statutes, executive orders, regulations, and Federal policies that may in the future affect construction activities undertaken in the course of the Project. The Contractor agrees to take affirmative action to ensure that applicants are employed, and that employees are treated during employment, without regard to their race, color, creed, national origin, sex, or age. Such action shall include, but not be limited to, the following: employment, upgrading, demotion or transfer, recruitment or recruitment advertising, layoff or termination; rates of pay or other forms of compensation; and selection for training, including apprenticeship. In addition, the Contractor agrees to comply with any implementing requirements FTA may issue. (b) Age - In accordance with section 4 of the Age Discrimination in Employment Act of 1967, as amended, 29 U.S.C. 623 and Federal transit law at 49 U.S.C. 5332, the Contractor agrees to refrain from discrimination against present and prospective employees for reason of age. In addition, the Contractor agrees to comply with any implementing requirements FTA may issue. (c) Disabilities - In accordance with section 102 of the Americans with Disabilities Act, as amended, 42 U.S.C. 12112, the Contractor agrees that it will comply with the requirements of U.S. Equal Employment Opportunity Commission, "Regulations to Implement the Equal Employment Provisions of the Americans with Disabilities Act," 29 C.F.R. Part 1630, pertaining to employment of persons with disabilities. In addition, the Contractor agrees to comply with any implementing requirements FTA may issue. (3) The Contractor also agrees to include these requirements in each subcontract financed in whole or in part with Federal assistance provided by FTA, modified only if necessary to identify the affected parties. i) Incorporation of Federal Transit Administration (FTA) Terms - The preceding provisions include, in part, certain Standard Terms and Conditions required by DOT, whether or not expressly set forth in the preceding contract provisions. All contractual provisions required by DOT, as set forth in FTA Circular 4220.1f, are hereby incorporated by reference. Anything to the contrary herein notwithstanding, all FTA mandated terms shall be deemed to control in the event of a conflict with other provisions contained in this Agreement. The Contractor shall not perform any act, fail to perform any act, or refuse to comply with any requests which would cause the to be in violation of the FTA terms and conditions.

7 B. SPECIFICATIONS, Assistance Call Services, Alarm Monitoring Services 1. General A. The is a public transportation bus system that operates fixed route and paratransit service seven days a week, 365 days a year. The Duluth Transportation Center ( DTC) opening in downtown Duluth incorporates a passenger terminal and an attached parking ramp. The DTA is seeking qualified firms to perform Assistance Call Services for three (3) blue light call stations located in the parking facility. These blue light call stations are activated by pressing a button on a monitor, and the user can speak directly with a service provider who will triage the request for assistance and ensure a proper response to the call. B. In addition, the DTA is seeking a qualified provider to monitor fire alarms at the Duluth Transportation Center, located at 228 West Michigan Street, the Transit Center East Building at 214 West Superior Street, and the DTA Operations Center at 2402 West Michigan Street. C. The individual or firm selected for each Scope of Work must be licensed, bonded and insured, and able to demonstrate at least three (3) years of successful experience in the past five (5) years, preferably in a parking facility setting, along with three (3) references. D. DTA officials are not authorized to discuss this RFP with interested Proposers. All questions related to the RFP and requests for clarifications must be submitted in writing to the Procurement Manager no later than Thursday, January 14, 2016. E. Interested Proposers may make an appointment to tour the facility and observe the Code Blue stations and/or the Fire Alarm panels by contacting the Procurement Manager at nbrown@duluthtransit.com, or 218-623-4329. F. Proposers shall be given the option, but shall not be required, to access the DTA camera system to observe the Code Blue stations and other areas of the facility. Cameras have individual IP addresses, and the Proposer may select which cameras within the parking facility will support their operations (if any.) 2. Scope of Services, Assistance Call Services The successful proposer will provide Assistance Call Services, including, but not limited to, the following: A. Respond to caller within 1 minute of call 24/7 every day of the year. B. Report to DTA any incident that may give rise to a claim for damages relating to ownership, operation and maintenance of the parking facility, including any damage or destruction to the property, and notify the DTA as soon and practical, but no later than one (1) business day of such incidents or accidents. Cooperate with and make all reports as required or authorized by the DTA. Make a copy of camera evidence of any such incident (as applicable.) C. Maintain procedures for emergency response to incidents, provide staff training summary to the DTA upon request. D. Provide monthly reports as required of types of calls intercepted, time of call, time of response, response activities, etc., and note any trends that may be forming. Include a sample report with the Proposer s response. E. Report any misuse of equipment along with video file (as applicable.)

8 F. Cooperate with the DTA on issues involving Assistance calls, including attending meetings as need, providing information with investigators and/or authorities, etc. G. At least once each year or as the DTA deems necessary, meet with DTA staff to provide a summary of the Assistance Response Services provided during the prior year, recommendations for improvement, present copies of policies and procedures, and other documents pertaining to the services provided for the upcoming period. H. Maintain a directory of contact numbers for emergency responses; provide copies to the DTA as it is updated. 3. Duluth Transportation Center Systems A. The blue light assistance stations are located in the Lower Level of the facility (secure parking) and Levels 3 and 4, which are used for public and subscription parking. The assistance stations are manufactured by Code Blue and installed by Hunt Electric. They are wall-mounted units with a beacon strobe that activates when the assistance button is pressed, along with a speakerphone. Detailed specifications are attached. B. Security cameras within the parking facility can allow the assistance provider to view the assistance station if the Proposer requests it. The successful Proposer shall have the option to utilize the DTA security camera system to monitor activities at the assistance stations, respond to any issues noted and direct communications to the proper authorities as needed. C. Proposers must provide a flat rate monthly fee for Assistance Call Services along with a schedule for the components of the proposed fee, such as accounting, overhead, and profit. D. The successful Proposer must have the ability to collaborate with the Parking Facility Manger Services firm and the DTA to identify and address issues that affect the operation of the Parking Facility, and DTA operations, as applicable. E. All personnel employed by the Contractor in connection with the solicitation shall be solely the employees of the Contractor and shall have no contractual relationship with the DTA. 4. Alarm Monitoring Services A. In addition, the DTA is seeking a qualified provider to monitor fire alarms at the Duluth Transportation Center, located at 228 West Michigan Street, the Transit Center East Building at 214 West Superior Street, and the DTA Operations Center at 2402 West Michigan Street. B. The selected Vendor shall provide 24 hour per day, 7 day per week monitoring and alarm dispatching of the existing fire alarm control panels and communicators. C. Information on the specific equipment housed within each facility will be provided to interested parties upon request. Interested respondents shall be offered an opportunity to survey the existing equipment for quantity, brand, capacity, etc., by appointment only. D. The selected Vendor will maintain a call list and perform call downs on receipt of the alarm. E. The selected Vendor shall maintain history reports or logs for easy retrieval for a minimum period of six (6) months. Reports must be archived for a period of at least six (6) years.

9 5. Term The term of the Agreement for Assistance Call Services and/or Alarm Monitoring Services resulting from this solicitation shall be for three (3) years, with one (1) option for a period of two (2) years. The initial term shall be from Contract commencement through December 31, 2018. Option one shall be from January 1, 2019 through December 31, 2020. Options shall be solely at the DTA s discretion upon written notice to the Vendor(s). Absence of a written notice shall not be deemed a default. If the DTA extends the terms of the Contract, all of the terms and provisions contained herein shall continue in full force and effect. 5. Personnel Requirements A. It is the responsibility of the Contractor to train and ensure that all staff performing services on DTA property has a thorough working knowledge of the services to be performed, the parking equipment used, and ancillary requirements under this Contract. B. Security information, including, but not limited to, the layout of the site, methods of security, keys, cards and badges are NOT TO BE SHARED WITH ANY PERSONS OTHER THAN THOSE WHO PERFORM SERVCIES ON DTA PROPERTY. Breach of this requirement may be grounds for immediate termination of this contract. C. The only Contractor employees that are to be allowed in a secure area of the DTA property are those that have been authorized under the terms of this Contract and only while they are DIRECTLY INVOLVED in providing services or supervising staff. Unauthorized personnel in a secure area of the DTA property when not providing contract work, except to the extent such personnel are authorized to be in the public areas of the facility as members of the public, may be grounds for immediate termination of this Contract. D. All Contractor staff providing services under this Contract will be required to sign for each key or FOB issued to the Contractor by the DTA. If a Contractor s employee or staff loses a key or FOB, the replacement cost will be paid to the DTA by the Contractor. If a breach of security results from such a loss and locks must be changed or other changes must be made as a result, the Contractor will be responsible for all associated costs and the charges will be deducted from the amount due the Contractor. E. Contractor shall ensure that all staff will keep private any proprietary information that may discovered during the course of securing the building and not disclose such information to any third party without the prior written consent of the DTA. F. Interaction with DTA employees and customers is to be kept on a professional level at all times. Personal business is not to be conducted during Contractor working hours on DTA property. G. Contractor shall ensure that its employees, representatives, subcontractors and others providing services under this Contract will act in a courteous manner, not use profanity or lewd gestures, nor post inappropriate materials on DTA property, including DTA websites, and not smoke or consume alcohol or illegal drugs while on DTA property during the course of providing services under this Contract. In the event that the DTA reasonably objects to any employee(s), representative(s), subcontractor(s) or other persons providing services under this Contract, they shall be removed from the assignment by the Contractor and not permitted to return to provide services under this Contract without the written consent of the DTA.

10 FORMAL BID SHEET Formal Request for Bid Date: January 6, 2016 DTA Assistance Call Services, and/or Alarm Monitoring Services Bids: All prices must be complete so that the equipment is 100% operational. ALL fees, delivery, etc., must be included. BID DEPOSIT REQUIREMENTS: None Monthly cost for Assistance Call Services, including all tools, personnel and ancillary costs in accordance with the specifications herein: Year 1 per month Year 2 per month Year 3 per month %Increase over Year 3 for the option period: Monthly cost for Alarm Monitoring Services, including all tools, personnel and ancillary costs in accordance with the specifications herein: Year 1 per month Year 2 per month Year 3 per month %Increase over Year 3 for the option period: Firm Name: Mailing Address: By: (PRINT NAME) TITLE PHONE NO. Signature

11 Small or Disadvantaged Business Enterprise, Veteran-owned Business (including Service Disabled Veteran Business Enterprises) 1. Is the Contractor s firm or organization registered as a Small Business under the Small Business Administration s 8(a) Business Development Program, HUBZone business, or other development program through the SBA? No Yes (If yes, please provide a copy of the registration.) 2. Is the Contractor s firm or organization certified or registered as a Small Business, a Disadvantaged Business Enterprise, or a Veteran-owned business (including Service-Disabled Veteran-owned business) by a government agency authorized to certify or register the above noted entities? No Yes (If yes, please provide details and copies of the applicable registration or certification.) The Contractor agrees to take all necessary steps to ensure that DBEs have the opportunity to compete for and perform work under this Contract. The Contractor or Subcontractor shall not discriminate on basis of race, color, national origin or gender in the performance of this contract. Contractor shall carry out applicable requirements of 49 C.F.R. Part 26 in the award and administration of U.S. DOT assisted contracts. Failure by the Contractor or Subcontractor to carry out these requirements is a material breach of the contract, which may result in the termination of this contract or such other remedy as the DTA deems appropriate. Signed this day of, 20 : Title

REQUIRED CERTIFICATES A. AFFIDAVIT OF NONCOLUSION Certificate 12 I hereby swear (or affirm) under penalty of perjury: 1. That I am the proposer (if the proposer is an individual), a partner of the proposer (if the proposer is a partnership), or an officer or employee of the proposing corporation, have authority to sign on its behalf (if the proposer is a corporation); 1. That the attached Proposal or Proposals have been arrived at by the proposer independently, and have been submitted without collusion with, and without any agreement, understanding or planned common course of action with any other vendor of materials, supplies, equipment, or services described in the invitation to Proposal, designed to limit independent proposing or competition; 3. That the contents of the Proposal or Proposals have not been communicated by the proposer or its employees or agents to any person not an employee or agent of the proposer or its surety on any bond furnished with the Proposal or Proposals, and will not be communicated to any such person prior to the official opening of the Proposal or Proposals; and 4. That I have fully informed myself regarding the accuracy of the statements made in this affidavit. Additionally; The Company Name hereby certifies it is /is not (circle one) included on the United States Comptroller General's consolidated list of persons or firms currently debarred for violations of various public contracts incorporating labor standards provisions. Signed Date

B. DEBARRED PROPOSERS Certificate 13 Certification Regarding Debarment, Suspension, Proposed Debarment, and Other Responsibility Matters: (a) (1) The Offeror certifies, to the best of its knowledge and belief, that: a. The Offeror and/or any of its Principals: (1) are ( ) are not ( ) presently debarred, suspended, proposed for debarment, or declared ineligible for the award of contracts by any Federal agency; (2) have ( ) have not ( ), within a three year period preceding this offer, been convicted of or had a civil judgment rendered against them for: commission of fraud or a criminal offense in connection with obtaining, attempting to obtain, or performing a public (Federal, State, or local) contract or subcontract; violation of Federal or State antitrust statutes relating to the submission of offers; or commission of embezzlement, theft, forgery, bribery, falsification or destruction of records, making false statements, or receiving stolen property; and (3) are ( ) are not ( ) presently indicted for, or otherwise criminally or civilly charged by a governmental entity with, commission of any of the offenses enumerated in (a)(1)(i) of this provision. b. The Offeror has ( ) has not ( ), within a three year period preceding this offer, had one or more contracts terminated for default by any Federal agency. (2) "Principals," for the purposes of this certification, means officers; directors; owners; partners; and, persons having primary management or supervisory responsibilities within a business entity (e.g., general Manager; plant Manager; head of a subsidiary, division, or business segment, and similar positions). This certification concerns a matter within the jurisdiction of an agency of the United States and the making of a false, fictitious, or fraudulent certification may render the maker subject to prosecution under section 1001, title 18, United States Code. (a) The Offeror shall provide immediate written notice to the Contracting Officer if, at any time prior to contract award, the Offeror learns that its certification was erroneous when submitted or has become erroneous by reason of changed circumstances. (b) A certification that any of the items in paragraph (a) of this provision exists will not necessarily result in withholding of an award under this solicitation. However, the certification will be considered in connection with a determination of the Offeror's responsibility. Failure of the Offeror to furnish a certification or provide such additional information as requested by the Contracting Officer may render the Offeror nonresponsible. (c) Nothing contained in the foregoing shall be construed to require establishment of a system of records in order to render, in good faith, the certification required by paragraph (a) of this provision. The knowledge and information of an Offeror is not required to exceed that which is normally possessed by a prudent person in the ordinary course of business dealings. (d) The certification in paragraph (a) of this provision is a material representation of fact upon which reliance was placed when making award. If it is later determined that the Offeror knowingly rendered an erroneous certification, in addition to the other remedies available to the Government, the Contracting Officer may terminate the contract resulting from this solicitation for default. Type Name and Title Signature Subscribed and sworn to before me this day of, 2016 Notary Public My Commission Expires, 20

14 Certificate D The respondent hereby states that it has read and will comply the DTA s Vendor Code of Ethics and Organizational Conflict of Interest (both on the DTA website) as well as the applicable Federal Clauses and Requirements contained herein. SIGNED FIRM NAME

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