RFP published: November 15, 2019
Pre-proposal Conference at 11:00 a.m.: November 21, 2019
Deadline for submitting questions: November 25, 2019
Responses to questions posted on website: November 27, 2019 (ANSWERS HERE)
Proposal Deadline - due by 2:00 p.m.: December 23, 2019
DMA Board Meeting - Contract awarded: February TBD 2020
Start date of Contract: April 1, 2020
CONTACT INFO FOR QUESTIONS and PROPOSALS:
Christine Taylor - taylor [at] downtownmemphis [dot] com
The proposed contract for services will be a (2) two-year contract, with the Downtown Mobility Authority having the option to renew the contract for (1) one additional year. Option to renew will be at the sole discretion of the Downtown Mobility Authority and will be confirmed in writing prior to the end of the initial first two (2) years.
NOTE: If your proposal includes the intent to manage multiple garages, please note how your strategies vary for the different locations/situations as they exist.
DMA Parking Structure Goals:
Part I. PROCEDURE FOR SUBMITTING PROPOSAL
1.1 SCOPE: DMA will select a respondent to be the “Contractor” for one or more DMA garages. Contractor to manage garage in accordance with specific guidelines determining operating, staffing, and maintenance requirements.
1.2 TERM: The proposed contract term for services is noted above in “contract term” in header information and will begin on the date noted in timetable information above, with the Downtown Mobility Authority having the option to renew as noted. The option to renew will be at the sole discretion of the Downtown Mobility Authority and will be confirmed in writing prior to the end of the initial term.
1.3 DEADLINE: Responses to this request for proposal should be received no later than 2:00 p.m. on the date noted in the “proposal deadline” field in the timetable information above. Proposals should be submitted to contact as listed in header info on first page.
1.4 QUESTIONS: Any questions about this Request for Proposal may be addressed in writing via email using the contact information provided in the header information above, no later than the date noted as “deadline for submitting questions” in the timetable information above. Please put “DMA RFP” in the Subject field. Questions will be answered in an addendum to the Request for Proposals and will appear on the Downtown Memphis Commission website at www.downtownmemphiscommission.com by the date noted above.
1.5 A pre-proposal conference will be held at the Downtown Memphis Commission, 114 N. Main St., Memphis, TN 38103 on the date noted as “pre-proposal conference” in the timetable information above. Please be prepared to ask any questions you may have at that time.
Part II. SPECIAL CONSIDERATIONS
2.1 SYSTEM IMPROVEMENTS
Certain garages are facing systems updates. Respondents should include a recommendation of how to address these updates and the approximate cost of such improvement. The DMA is looking for a solution that can be replicated and integrated across all DMA garages.
2.2 The DMA is also interested in implementing a Performance-Based Parking Management Program. Please indicate experience with such a program and how the respondent’s preferred systems include the ability to monitor availability and adjust rates accordingly.
Part III. GOALS, REQUIREMENTS, AND RESTRICTIONS
3.1 GENERAL REQUIREMENTS
(a) Emptying of trash containers: Daily
(b) Removal of large dirt and debris: Daily
(c) Cleaning of stairwells: Daily
(d) Sweeping of all litter: Daily
(e) Cleaning of elevators, if any: Daily
(f) Ensuring all light bulbs function: Daily
(g) Polishing of elevator, if any: Weekly
(h) Cleaning of light fixtures, including cobweb removal: Weekly
(i) Pressure washing floors Semi-Annually
a) Reserved parking must be approved by DMA
b) All parking space leases should provide for hours of lease and be limited to the use of the tenant.
c) Parking spaces should be leased such that daytime and nighttime users share spaces or the rate compensates for 24-hour parking.
a) a summary of the number of spaces available (full capacity of garage)
b) a list of any spaces out of service and reason
c) spaces rented on long term contract via rent roll with rate, hours of use, number of spaces, and expirations dates.
d) average rate of transient parking
e) itemized financial report, which shall include but not be limited to monthly and transient revenue reflecting daily activity, operating expenses for the garage and net income generated at the facility.
3.2 CONTENT OF PROPOSALS.
The Contractor shall provide the following information in the proposal:
3.3 RESTRICTIONS OF PROPOSALS.
The DMA goals will be used as the highest criteria for evaluation of each proposal. The Downtown Mobility Authority staff will evaluate each proposal for specific expertise and quality of service to be provided, proposed expenses and fees, and the continuity of service for patrons of this facility. The staff will make a Contractor recommendation to the DMA Board of Directors.
Posted as “term” in header information above.
3.6 PROPOSED TIMETABLE.
Posted as “timetable” in header information above.
PART IV: REGULATIONS GOVERNING INSURANCE AND GENERAL CONDITIONS
4.1 CONTRACT SECURITY: The Contractor shall furnish a surety bond in the amount specified in the INSTRUCTIONS TO BIDDERS as security for the faithful performance of the Contract and for payment of all persons performing labor and furnishing materials in connection with the Contract.
4.1.1 BOND: The successful bidder shall furnish a bond, or a letter of commitment for a bond, with a Surety Company authorized to do business in the State of Tennessee, acceptable to the Downtown Mobility Authority, as surety for the faithful performance of the Contract and the specifications, in all their details, and that they will, as soon as the work contemplated by said Contract shall have been completed, pay for all the material and labor used by said Contractor, or any immediate or remote subcontractor under him, in the performance thereof, in lawful money of the United States.
No Surety Company will be acceptable as bondsmen, unless said Surety Company has a permanent agent or representative in the State of Tennessee, with authority to countersign bonds for non-resident bonding companies.
Should the Surety Company acting as bondsmen remove its permanent agent or representative from the State of Tennessee, the Contractor shall be required to furnish the Downtown Mobility Authority with a new surety bond conforming to the above-described requirements.
4.2 CONTRACTOR’S INSURANCE: The Contractor shall not commence work under the Contract until he has obtained all insurance required under this paragraph and such insurance has been approved by the Downtown Mobility Authority, nor shall the Contractor allow any subcontractor to commence work on his subcontract until all similar insurance required of the subcontractor has been so obtained and approved.
Each certificate or policy shall require and state in writing that “ thirty” (30) days prior to cancellation or material change in the policy, notice thereof shall be given to the Downtown Mobility Authority by registered mail, return receipt requested,” for all the following stated insurance policies. If any of the Property and Casualty Insurance requirements are not complied with at their renewal dates, payment to the Contractor may be withheld until those requirements have been met or at the option of the Downtown Mobility Authority, the Downtown Mobility Authority may pay the renewal premiums and withhold such payments from any sum of money due the Contractor.
The Downtown Mobility Authority, the owner/master lessee of the garage shall be conspicuously named on the Contractor’s Certificate of Insurance as an additional insured.
Compensation Insurance: The Contractor shall take out and maintain during the life of the Contract
(a.) Workmen’s Compensation Insurance pursuant to State Law according to Statutory Limits.
(b.) Garage Keeper’s Liability in the amount of no less than $1,000,000 Combined Single Limit, providing Comprehensive Coverage. However, the deductible may not exceed $1,000 per claim.
(c.) Excess or Umbrella Insurance to be provided in an amount no less than $4,000,000 per claim.
4.3 PROOF OF CARRIAGE OF INSURANCE: The Contractor shall furnish the Downtown Mobility Authority with satisfactory proof of carriage of the insurance required annually.
4.3.1 The Contractor shall be responsible from the time of the signing of the Contract, or from the time of the beginning of the first work, whichever shall be earlier, for all injury or damage of any kind resulting from this work to persons or property. In addition to the liability imposed upon the Contractor on account of bodily injury (including death) or property damage suffered through the Contractor’s negligence, which liability is not impaired or otherwise affected hereby the Contractor assumes the obligation to protect, defend, indemnify and hold the Downtown Mobility Authority, its officers, employees and agents free and harmless from and against any and all losses, penalties, damages, settlements, cost charges professional fees or other expenses or liabilities of any kind and character, including without limitation attorney’s fees, in connection with or arising directly or indirectly out of the Contract and/or the performance of any act or omission of the Contractor or subcontractor, or anyone either (1) directly or indirectly employed or (2) under the supervision of any of them in prosecution of the work included in this Contract.
4.4 TERMINATION FOR BREACH: Termination of Contract shall be set forth in the Contract Special Conditions or Specifications and if no cancellation provision is made, the following shall apply:
In the event that any of the provisions of the Contract are violated by the Contractor or by any of his subcontractors, the Downtown Mobility Authority may serve written notice upon the Contractor and the surety of its intention to terminate the Contract, such notices to contain the reasons for such intention to terminate the Contract, and unless within 10 days after the serving of such notice upon the Contractor, such violation or delay shall cease and satisfactory arrangement for correction be made either by the Contractor or the Surety, the Contract shall, upon the expiration of the said 10 days, cease and terminate. In the event of any such termination, the Downtown Mobility Authority shall have the right to take over the work and prosecute the same to completion by the Contract for the account and at the expense of the Contractor, and the Contractor and his Surety shall be liable to the Downtown Mobility Authority for any excess cost occasioned the Downtown Mobility Authority thereby, and in such event the Downtown Mobility Authority may take possession of and utilize in completing the work, such materials, appliances and plant as may be on the site of the work and necessary therefore.
4.5 MOBILITY AUTHORITY’S RIGHT TO WITHHOLD CERTAIN AMOUNTS AND APPLICATION THEREOF: If evidence is produced before the final settlement of all or any balances that the Contractor has failed to pay laborers employed on his work or failed to pay for materials used therein, or if the Downtown Mobility Authority has reason to suspect the same, the Downtown Mobility Authority may withhold such balances and upon evidence satisfactory to the Downtown Mobility Authority as to the amount due for such labor and materials, the Downtown Mobility Authority, acting as the agent of the Contractor, may settle and pay for the same and charge the amounts to the Contractor and deduct the same from the said balance or balances.
4.6 NOTICE AND SERVICE THEREOF: Any notice to any Contractor from the Downtown Mobility Authority relative to any part of the Contract shall be considered delivered and the service thereof completed when said notice is posted by registered mail, to the said Contractor at his last given address or delivered in person to said Contractor or his authorized representative on the work.
4.7 ASSIGNMENT: The Contractor shall not assign the Contract or any part thereof or any sums of money due or to become due thereunder without the approval of the Downtown Mobility Authority nor without the consent of the Surety unless the Surety has waived its rights to notice or assignment.
4.8 SUBCONTRACTING: No part of the Contract shall be sublet without the approval of the Downtown Mobility Authority. If the Contractor shall sublet or subcontract any part of the Contract, the Contractor shall be held as fully responsible to the Downtown Mobility Authority for the acts and omissions of the Subcontractor and of the persons employed directly or indirectly employed by his Subcontractor as he is for the acts and omissions of persons employed by himself. The successful Contractor will not be allowed to subcontract more than sixty percent (60%) of the work on this project. The computation of percentages will be based on monetary values.
4.9 “OR EQUAL” CLAUSE: Whenever a material or article is specified by using the name of a proprietary product or of a manufacturer or vendor, any materials or article which will perform adequately the duties required will be considered equal and satisfactory, provided the material or article so proposed is of equal substance and function in the estimation of the Downtown Mobility Authority.
4.10 INTERPRETATION OF DOCUMENTS BEFORE BIDS ARE RECEIVED: If any person contemplating submitting a bid for the proposed Contract is in doubt as to the true meaning of any part of the plans, specifications, or other proposed Contract documents, he may submit to the Downtown Mobility Authority Parking Manager written request for an interpretation thereof. The person submitting the request will be responsible for its prompt delivery. Any interpretation of the proposed documents will be made only by addendum duly issued and a copy of such addendum will be mailed or delivered to each person receiving a set of such documents. The Downtown Mobility Authority will not be responsible for any other explanation or interpretation of the proposed documents.
4.11 LAWS: The contractor shall abide by and observe all laws, City Ordinances and regulations relating to the work to be done, and the use of public streets, alleys and highways. The contractor shall secure all permits and pay all license fees required by law before beginning the work.
4.12 INDEMNITY: The Contractor agrees that they will indemnify and save harmless the Downtown Mobility Authority from all claims, suits or proceedings of any nature whatsoever which may be brought against such party on account of injuries to person or property received from the Contractor, its agents or servants. The Contractor shall at all times provide reasonable safeguards against injuries to persons and property from the acts of the Contractor or his agents or servants.
4.13 Any Contract resulting from the bids taken herein shall be governed, construed and enforced according to the laws of the State of Tennessee. All actions, whether sounding in Contract or in tort, relating to the validity, construction, interpretation, and enforcement of the Contract shall be instituted and litigated in the courts of the State of Tennessee located in Shelby County, Tennessee, and in no other. In accordance herewith the parties to the Contract submit to the jurisdiction of the courts of the State of Tennessee, located in Shelby County, Tennessee.
INSTRUCTIONS TO APPLICANTS/BIDDERS:
Each proposal should include but not be limited to the following items:
The Downtown Mobility Authority reserves the right to reject any or all proposals submitted, to waive any requirement or informality in submitted proposals, and to negotiate changes in the scope of services to be provided.