PRE-BID CONFERENCE MINUTES AND ADDENDUM #2 June 3, 2002 REQUEST FOR PROPOSALS FOR FARGO METRO AREA TRANSIT OPERATIONAL SERVICE FOR PUBLIC TRANSPORTATION 1. ATTENDANCE / INTRODUCTIONS Steve Newby, MV Transportation Joseph Wetch, Attorney for MV Transportation Don Johnson, Laidlaw Transit Bridget May, Laidlaw Transit Roland Atwood, Red River Trails Jean Rayl, City Commissioner, City of Fargo Jim Gilmour, Planning Director, City of Fargo Gary Stewart, City Attorney, City of Fargo Julie Bommelman, City of Fargo Transit 2. REVIEW OF CONTRACTOR SELECTION PROCESS The contractor selection process was reviewed per page 12 of the RFP. 3. QUESTIONS & REQUESTS FOR CLARIFICATIONS Questions were solicited from each attendee; verbal and written questions were submitted as follows: Is it possible to extend the deadline for requests for clarifications? Yes. Refer to Addendum #1 – this addendum already extended the deadline to the close of business June 3, 2002. Page 8, Section 1.3: Does the City want a bid bond in the amount of 5% of the bid, which will be replaced by a 20% performance bond if the proposer is successful? Yes. Upon award of the contract to the successful proposer, a bid bond in the amount of 20% of the first full year of the contract will be required and will replace the 5% bid bond. What is the amount of the performance bond that is in place with the current contractor? There is not a current performance bond in place. Please clarify the third paragraph: Is the bond only required for the first year of the contract? Yes. PRE-BID CONFERENCE MINUTES AND ADDENDUM #2 June 3, 2002 Page 2 Page 9, Section 1.4: What is the purpose of the second protest date (July 22)? The purpose of the protest is to allow one week following submittal of proposals for proposers to file any protests. Please clarify the term “complete contract” during the period of July 15-August 16. “Complete contract” refers to the City of Fargo drafting a contract prior to the City Commission award of contract to expedite the process once a contract has been awarded. Page 9, Section 1.6: Please clarify who proposers are allowed to talk with during the proposal process. Does this requirement prohibit discussions with elected officials prior to the August 19 City Commission meeting? The purpose of this is to limit all technical and operations issues to one point of contact, the Transit Administrator. Proposers will not be allowed to contact other city staff. Should there be a legal question, a proposer may contact the City of Fargo City Attorney; however, the City Attorney will contact city staff for clarifications prior to issuing any opinions. City Commissioners will refer technical questions to city staff. Pages 12-14, Section 1.8: Please state the members of the evaluation team. The evaluation team consists of Julie Bommelman, Transit Administrator, Jim Gilmour, Planning Director, Jean Rayl and John Cosgriff, City Commissioners, Kent Costin, Finance Director, and Pat Zavoral, City Administrator. How many references of other contracts performed by the proposer would the city check? Would the city check a small group of references submitted or pick references at random from a total list of contracts submitted? The City will check a group of references, at their discretion, from the list submitted. Does the lower cost proposer have any advantage in receiving points under Section E? The lower cost proposer would have an advantage as they would likely receive the most points under Section E. It must be noted, as it is clearly stated in the RFP, that “a low price shall not be the sole determinant” and is 25% of the total proposal package. PRE-BID CONFERENCE MINUTES AND ADDENDUM #2 June 3, 2002 Page 3 Will the city conduct concurrent negotiations with all proposers in the competitive range at the same time or will negotiations only occur with the proposer with the highest score from the evaluation team? Please define how the term “competitive range” will be used. In accordance with federal guidelines, the city may conduct concurrent negotiations with all proposers determined to be within the competitive range after the evaluations. In addition, the city reserves the right, as stated in the RFP, to award a contract based on an original offer without any negotiations. Competitive range refers to offers the city determines to be within a certain budgetary range. Page 15, Section C.1: When will the proposals be opened? As stated in the RFP, proposals will be opened at July 15, 2002, 2:00 p.m. CDT, in the Inspections Conference Room, Fargo City Hall. All proposals are opened by the City Auditor and become public information upon opening. Page 22, Section 7: What is the DBE goal on this contract? DBE goals are set annually and usually range between 1%-4%. A contractor is required to strive to meet the DBE goals set by the City. A copy of area DBE businesses is attached. Does the city have any affirmative action program specifically dealing with transit services to promote contract opportunities with woman or minority owned contractors? Yes – see attached. Page 26, Section 16: Can you provide a copy of the current13(c) contract between the city and Department of Labor? Can you also provide a copy of the agreement between the current provider and the union? A copy of the current13(c) agreement between the City of Fargo and DOL is attached. The existing labor agreement between the Teamsters Local 116 and Laidlaw is not available through the City of Fargo. PRE-BID CONFERENCE MINUTES AND ADDENDUM #2 June 3, 2002 Page 4 Page 31, Sections E and 3.2: Does the city or contractor provide transfer slips? The city provides transfer slips. What version of Trapeze is provided by the city? Who pays the annual support fees? Trapeze is Version 4, Build 4.431.7.4. The city pays the annual support fees. Please note: reservationists/dispatchers are City of Fargo employees and responsible for operation and maintenance of the Trapeze system; the contractor is not involved in the operation of Trapeze. Page 33, Sections 3.7 and 3.9: Who counts the fares? What is the procedure for depositing the fares with the city? The farebox vaults containing on the fixed routes buses are removed from the buses by the Central Garage staff; deposits are picked up by a security service. Fares on paratransit are collected by drivers, turned in each night, and counted by city staff daily. In addition, fixed route dispatchers located at the Ground Transportation Center (GTC) collect revenue from pass and token sales and compile deposits daily, which are verified by city staff. Is the proposer required to provide a list of 100% of the municipal transit contracts within the last three years to meet this requirement, or can the proposer provide a partial selected list? The proposer is required to provide a complete list of contracts. Please clarify that the financial statement must be audited by a certified public accountant or certified public accounting firm. The financial statement must be of the three years of the most recently published audited financial statements, audited by a certified public accountant. Please state how the city can evaluate the financial stability of a wholly owned subsidiary if the financial statements of the parent company are not also provided to the city? The city will consider the subsidiary a separate entity to be evaluated as such; the required performance and bid bonds will also strengthen assurances to the city of the financial stability of a company. It is the sole responsibility of the city to make this determination. PRE-BID CONFERENCE MINUTES AND ADDENDUM #2 June 3, 2002 Page 5 Page 34, Section B&C: Will the city give preference to proposed project manager or transit supervisor who is local compared to proposer personnel who will be relocated to Fargo? The city will give preference to whomever the city feels is the most qualified overall to perform the required duties of the position regardless of their geographical location. What factors will the evaluation team use to evaluate the technical experience and qualifications of the personnel proposed? The factors are clearly outlined in the RFP, pages 12-14, Section 1.8, Selection Criteria. Page 36, Section 3.10E, F: Will the contractor be required to provide office space outside of the ground transportation center? It is not likely. Office space at this point is adequate. Please explain the two types of criminal background (Bureau of Criminal Apprehension and Fargo Police), why are two different checks required and what are the costs involved, if known? Criminal background checks are necessary for pre-employment and annually thereafter. The records checks performed by the Bureau of Criminal Apprehension are the financial responsibility of the contractor. The purpose of a records check with the Fargo Police Department acts as a “fail-safe” locally; there is not a charge associated with that record check. Page 39, Section 3.11H: How many taxi rides have been required in the past year? Taxi rides average 1-2 per month. Taxi rides which do not fall within the authorizing guidelines will be the financial responsibility of the contractor. PRE-BID CONFERENCE MINUTES AND ADDENDUM #2 June 3, 2002 Page 6 Appendix 1, Sections 1.10-1.14: Please clarify if a proposer must submit a question on all contracts operated by the proposer during the past three years. What specific information is needed for each reference provided? A proposer must submit information on all contracts of a similar size and operation (i.e. fixed route and paratransit services) to the current City of Fargo size and operation. Specific required information is outlined at the end of Appendix 1 in the RFP. A proposer is required to utilize the format provided. Please explain what is meant by “change orders prior to and following contract work, initiating by respondent organization”. Does this exclude change orders initiated by the agency? Does this mean for contracts with public agencies only or does it include contract with private firms as well? This requires proposers to disclose any change orders to contracts with any agency or private firm which the proposer has initiated either prior to signing a contract or following signature of a contract. The intent of such disclosures is to identify any proposers with a history or demonstrated practice of “low-balling”, or under-bidding, a bid and requesting a change order. Please clarify if proposers are required to list all litigation (including car accidents, etc.). Proposers are required to list litigation involving contract dispute issues. Is the firm required to disclose litigation against its parent, affiliated or subsidiary corporations? Proposers are required to disclose litigation involving the firm alone. As previously stated, the city will review the firm as a separate entity. Other questions without specific references to RFP section: 1. Has any potential proposer made any recommendations to the city relating to the RFP? The city evaluation team, with guidance from the Federal Transit Administration, compiled the RFP. Please note the RFP is a stand-alone document which can be constructed in any way the city determines necessary to obtain a contractor in the best interest of the city. PRE-BID CONFERENCE MINUTES AND ADDENDUM #2 June 3, 2002 Page 7 2. Please provide a list of attendees at the pre-bid conference. Attendees are listed and the sign-in sheet from the pre-bid conference is attached. 3. Provide a list of what questions were asked by the other proposers. No other questions were asked; this addendum is all-inclusive. 4. Will a format be used for evaluation? If so, please provide copies of the evaluation forms. The format is outlined in Section 1.8 of the RFP. Should a specific form be developed, it will be provided. 5. As to revenue hours: Define the term revenue and explain the impact lunches and deadhead have on revenue hours (App. 3, page 14, section 5.10). Revenue hours refer to the time a driver is available to provide service. It does not include deadhead, pre-trip, lunch, or break times where the driver is not available. 6. Must the training program be approved before the awarding of the contract? No; it is acceptable to obtain approval following award of the contract. 7. On the bid proposal form, App. 1, can that form be submitted to the proposers in electronic format? Yes, it can be provided upon request. 4. TOUR OF GROUND TRANSPORTATION CENTER Attendees were provided a tour of the Ground Transportation Center, including the office space provided to the Project Manager, the dispatch area, driver’s lounge, meeting rooms and administration offices.