ADDENDUM NO. 2 January 25, 2018 Parking Management RFP # H18-0001 1. General This addendum revises RFP documents. This addendum is issued to respondents of record prior to execution of contract, and forms a part of contract documents and modifies previously issued documents. Insofar as previously issued contract documents are inconsistent with modifications indicated by this addendum, modifications indicated by this addendum shall govern. Where any part of the contract documents are modified by this addendum, all unaltered provisions shall remain in effect. 2. Addendum Acknowledgement Form Acknowledge receipt of this addendum in the space provided on the Addendum Acknowledgement Form. Proposers must include the signed form with their response. Failure to do so will subject Proposers to disqualification. 3. Changes and Clarifications a. Responses to Vendor Questions are provided below. 4. Attachments a. None NEXT PAGE Page 1 of 12
1 2 Schedule calls for County to tentatively answer questions Week of January 15th 2018. As answers to questions will require material time for bidders to respond to, at a minimum a 2 week extension of the current 1/23/2018 bid due date will be needed for bidders to provide competent proposals. If the due date should remain 1/23, it is likely time limitations would prohibit us from responding to this RFP. Will the County agree to extend the bid due date to no sooner than 2/2/18? 2 3.11 Transition and Continuity of Service on Expiration of Contract - section states CCHHS shall own all other items including, but not limited to equipment, reports, studies, maintenance contracts and documentation. Can County clarify what they mean by equipment? For example if Contractors provides PCs for management reporting, or rents a golf cart/sweeper is County expecting to own this equipment at the end of the contract term? 3 3.8 Section indicates It shall be the Contractor's responsibility to secure and keep current all maintenance agreements necessary for the period of the Contractor's contract. Can County provide a comprehensive list of all current necessary maintenance agreements? 4 3.9 Facility Maintenance, Housekeeping and Repair Plan; Annual Structural Engineering Inspection - Section indicates County generally responsible for Capital repairs, but states Contractor shall be responsible for damages caused by its employees or employees of its subcontractors, or by persons gaining access to the parking facilities. [Emphasis added]. Taking literally, in the extreme a person entering the parking facilities could commit a terrorist act and blow them up. Is the County requiring the successful bidder to be responsible for the actions of any person (including County employees and residents) who enter the parking facilities? 5 3.9 Portion of section states "Contractor shall develop and implement a maintenance, housekeeping and facility servicing program plan. This program shall provide general Yes. Please reference Addendum #1extending the due date to 2/02/2018, at 2:00 p.m. CST. The County is not expecting to own any equipment that has not been purchased on behalf of the County. Fire pump, sprinkler system, door maintenance, security, and electrical contractor. No Questions below Page 2 of 12
maintenance and janitorial services to all areas of the JHSH parking garage and the Wood Street parking lot, Core parking lot, Provident parking garage, the 13th and Leavitt St. Lot, and the allotment of JTDC spaces to be managed, including washrooms (for employee use only), storage areas and offices, as applicable. The program shall, at a minimum, include all the items identified in RFP Section 5, Annual Inspections and provide for performance of these items at least as frequently as set forth in Section 5." Multiple questions 6 3.9 Can County confirm there are NO maintenance/housekeeping requirements for JTDC location? 7 3.9 Can County confirm references in above section to "Section 5" should actually reference "Section 6"? 8 3.9 Have the elevators at each location passed inspection in 2017? 9 3.9 Section states "Contractor shall provide preventive maintenance and repair to all elements of the facilities. All maintenance, repairs and graffiti removal shall be completed in such a manner as to leave the item, material and/or equipment in its original condition or state, as when the parking facility contract was executed." Can County confirm that NO Contractor shall be responsible for any maintenance and repairs to any elements of JTDC location? For absence of doubt can County confirm Contractor management of JTDC operation is just limited to assignment and management of 500 parkers assigned to JTDC location? 10 3.9 Portion of Section 3.9 states "The CCHHS will be responsible for all structural repairs to the JHSH parking garage and the Core Center parking lots, unless otherwise specified herein." (emphasis added). Can CCHHS confirm they will be responsible for all structural repairs to all the parking facilities covered by this agreement (Provident, Wood St, JTDC & Leavitt)? 11 3.9 What connectivity method is used for the intercoms at each location (POTS or VOIP/Ethernet)? Yes No, Section 5 looks right. Section 5 is titled Annual Inspections. Vendor should, in general, fulfill all of the items in all of the sections. Elevators are managed by a separate contract held by the county. No maintenance at JTDC Yes. Parking vendor supplies an engineering report annually. POTS. Page 3 of 12
12 3.9 Contractor is required to make all repairs Can be discussed upon within 24-hours notice. For some repairs this is too brief a period. Please clarify. 13 4 Description of Work - RFP specifically County pays most of the utilities references contractor is not responsible for cost of utilities at the Core Center lot, but appears to be silent on cost of utilities at the other locations. Please advise: 14 4 At which locations, if any, is the Contractor responsible for utilities? County pays most the utilities 15 4 County responsible for all utilities concerning Parking Which utilities (phone, power, data, etc.) will the Contractor be responsible for? gates. 16 4 Can the County provide historical utilities NO. costs for any location/utility Contractor is responsible for? 17 4 If the County cannot provide a historical County pays most of the utilities utility costs, would the County consider making this a pass through expense? In the absence of historical data bidders would not be able to accurately future utility costs. 18 4.2 Snow and Ice Control - Section states The Yes, excess snow will need to be trucked off. Contractor shall keep the facilities (JHSH Parking garage, the Wood Street lot, Provident Hospital garage, Core Center, Hasting and Leavitt and JTDC) including surrounding driveways, walks and the approaches to the buildings from the parking facilities free from snow and ice and shall promptly remove all accumulations of same to the CCHHS's satisfaction. - Can the County define what they mean by remove all accumulations? Is County expectation that all snow is trucked away to off site location(s)? 19 4.2 Later in this section RFP states Truck for hauling snow from the Facilities when accumulation reaches shall be required during extreme conditions and any associated cost for such services billed separately. Can County clarify meaning of this sentence. Is County indicating they will be paying for truck Yes hauling costs? 20 4.2 JTDC garage is operated under a separate management agreement. Can County confirm what if any snow and ice control duties contractor awarded this contract will NOT need to perform at JTDC? Confirmed, Contractor will not need to perform these services at JTDC. Page 4 of 12
21 4.2 Leavitt lot is an unpaved gravel lot. Plowing of Contractor this lot could easily result in lot needing to be re graveled each spring. Whose cost (County of Contractor) would this gravelling be? 22 4.2 Contractor shall repair and replace at its own No. expense all surfaces damaged due to snow and ice control. Can County confirm Contractor shall not be responsible for structural repairs that weren t caused by Contractor s negligence? 23 4.5 Contractor Administrative Responsibilities - Section states Contractor shall obtain and keep current throughout the term of the contract, assignment to contractors at its own expense, all licenses and permits required to open and operate the parking facilities The current contractor does not appear to have a City license for operating, the Wood Street, Provident, or Leavitt Street locations. Does the County believe these locations are exempt from City licensing requirements? 24 4.5 Obtaining licenses for currently unlicensed lots (Wood/Leavitt) may require material structural improvements in order to become compliant with City of Chicago landscaping and garage licensing requirements. As discussed in the prebid meeting, development of the lots in order to make them eligible for City licensing could cost over a million dollars. Will County be responsible for any costs required to make lots/garages eligible to receive required licenses, and/or agree to close lots if licensing requirements generate any material expense. 25 4.5 Contractor Administrative Responsibilities - States Contractor shall develop and/or provide a computerized database sufficient for administration of keycard usage and capable of real time reports on garage occupancy by type of parker. The database shall be subject to CCHHS approval and must be capable of cross-matching the Contractor's data on keycard usage and CCHHS's data on keycard distribution. Contractor shall, at the Contractor s expense, within 90 days of contract start, provide connection between the Contractor s database and the JHSH parking database for information only usage by CCHHS Administration and Parking Services employees. Within 180 days of contract start, County has no position on current compliance with city s licensing requirements or any exemption. This site is leased, CCHHS and its vendor would not be responsible for any required improvements. Yes, it is in place. Parking Contractor does an Audit and provides a report Page 5 of 12
the Contractor shall implement a program which produces electronic exception lists between the CCHHS payroll deduction report and the Contractor s parking usage list. Is this system currently in place? This item has been in the last 2 or 3 County RFPs, but don t believe it has ever been completed. 26 4.5 Contractor Administrative Responsibilities - Can be discussed upon Contract award. States Monthly, the Contractor shall complete an electronic match between the Contractor s list of keycard holders and the CCHHS s payroll deduction report and shall provide an exception report to the hospital parking administrator. Can County provide a copy of the most recent report submitted by the current contractor? 27 4.5 Contractor Administrative Responsibilities - Include as part of management fee. States The deposit amount must equal parking fees due, as shown, on the management control report, including any City parking taxes collected. RFP appears to be silent on both acceptance of credit card payments and who is responsible for absorbing credit card fees. Will credit card fees be a reimbursable cost or should bidders include anticipated credit card processing fees as a part of their management fee? 28 4.5 Is County requiring credit cards be accepted Yes, Credit cards or cash is acceptable at all locations. for parking payments? If yes, at what locations, and for what types (monthly, daily, coupons, etc.) of parking payments are required to be accepted? 29 4.5 If yes to the above will fees associated with Include as part of management fee. processing credit card payments be offset against parking revenues due to the County? As discussed in the prebid meeting, offsetting against parking revenues is the standard practice in the industry. 30 4.5 If credit card fees are to be included as part of bidders proposed management fees can the County provide the annual totals (by location) of credit card transactions, and the average value of these transactions? No. Can be discussed upon 31 4.5 Portion of this section states "Contractor shall be responsible for replenishing any reconciling difference between the amount deposited, amount collected and amount due per the management control reports." For the absence of doubt, if a customer is indigent and unable to pay their parking fee is the Cashier will send the person to the financial counselors if such an event occur. Page 6 of 12
County expecting the Contractor to be responsible for customer shortages? 32 4.6 Mentions right to approve hiring and retention of the personnel. We are part of Local 727 and will have to retain existing employees. Can County please provide a list of existing employees along with their seniority date and current pay scale. 33 4.6 Section on Cashier states "For the purpose of the monthly management fee submitted with the Proposal, Contractor shall include the cost of the equivalent of having one cashier on site at all times, twenty four (24) hours a day, three hundred sixty five (365) days per year, including holidays." Is this requirement for a specific location or one shared cashier for all locations? Other sections of RFP (Section 4) indicate cashier staffing levels vary by location. Can CCHHS clarify Cashier staffing requirements? 34 4.6 & Pricing Proposal Page Section on Cashiers from Section 4.6 states "For the purpose of the monthly management fee submitted with the Proposal, Contractor shall include the cost of the equivalent of having one cashier..." (emphasis added). Pricing proposal has boxes for unit costs on Cashiers and Management Fees. Where should cashier costs be indicated in pricing sheet with Cashier Unit costs or with Management Fee, or somehow split between the 2? 35 5 Is CCHHS requesting inspection of Stroger and Provident garages or just Stroger? In addition are any Annual Inspections required for any of the surface lots (Core, Wood, or Leavitt)? 36 3.1 & 3.5 Scope of Service & locations - It is unclear what scope of services County is asking to be performed at the 1350 S. Leavitt location. Please provide detail on scope of services required for this location. 37 3.2 & Pricing Proposal Page 38 4.1 & Pricing RFP calls for 2 option years, but Pricing Proposal does not appear to formatted to allow for presentation of Contractors pricing for option years. How/where should contractor indicate option year pricing? Pricing Proposal page does not have a box for Leavitt lot security staffing costs. Where on No. Can be discussed upon Total cashiering hours and sites are provided in the Pricing Proposal Excel Sheet. Use the pricing proposal excel sheet, which is attached to the RFP PDF file to provide the cashier unit costs. Stroger and Provident garages only. Provide security, maintain the lot, lights, gate, gravel, parking spots. Option years pricing will be negotiated at a later date. Upon contract award the term will have two, one year options. Add a new row and includes pricing Page 7 of 12
Proposal Page the pricing page should these costs be included? 39 4.5 GC-08 Contractor will pay sales tax, but may withhold the cost of sales tax when remitting the monthly receipts to the client. Will County indemnify Contractor from any liability arising out of the reporting and remittance of sales/parking tax caused by County action (for example County directly collects parking revenue that is not reported to Contractor)? 40 Code of Ethics Section D Confidential Information (Code of Ethics, Section D). Contractor is responsible to keep confidential certain proprietary (private) information including but not limited to: financial accounting, acquisitions, Personnel files from human resources, intellectual property, information generated and contained within information systems or other internal records. Can County confirm that confidential information will not include information that is available to the public, information Contractor obtains from a third party that does not have a confidential obligation to the client or information that Contractor develops independently from the confidential information. 41 GC - 04 Quality and Standards (Part II General Conditions, Section GC-04). Indicates Contractor is solely responsible for the quality and standards of all services provided under this contract. This requirement is overly broad. Can County agree Contractor is responsible for the quality and standards to the extent provided for in the contact, and not for other items such as structural repairs or damage caused by the client s negligence. 42 GC - 24 Termination without Cause (Part II General Conditions, Section GC-24). The client may terminate without cause within 3 business days after the date of notice of termination is mailed. Contractor may not even get such notice by the time termination is effective. Will County agree to change 3 business days after mailing to 30? 43 GC-03 The RFP requires that Contractor's insurance carrier be rated "A: VII" by A.M. Best and Co. Industry standard minimum rating is "A-:VII", No Page 8 of 12
will County amend the requirements so they match industry standard ratings? 44 GC-03 The GKLL section requires Contractor's policy deductible to be no greater than $25,000. Our policy actually has a deductible of greater than $25,000 which cannot be reduced. We can agree to a lower client reimbursable deductible or a capped reimbursable deductible. Please note, we (Contractor, not our insurance carriers) will provide 60 days written notice in the event of policy cancellation, non-renewal or material change. 45 GC-03 Page 9: Is the security subcontractor required to have Garage Keepers Legal Liability Policy as well? 46 GC-05 Contractor is required to indemnify the County from all costs and claims arising from the acts, omissions, breach of contract, negligence or misconduct of Contractor or its contractors, agents or employees. Will the County agree this contract includes a reciprocal obligation for the County to indemnify the Contractor? 47 GC-05 The County reserves the right to defend itself with counsel of its choice, and Contractor is required to reimburse the client for such defense costs. This provision risks exposure to uninsured costs. Will County agree to changing provision proposing that (i) Contractor have the right to defend the client from an indemnified claim with counsel reasonably selected by SP+ s insurer and (ii) if client chooses to defend itself with its own counsel, the client must bear the cost without reimbursement from Contractor. 48 GC-15 Additionally, pursuant to the RFP, Contractor cannot destroy or damage any Work Product that is in SP+ s possession. This is too broad. For instance, does mean Contractor must retain every Word document created for this contract? Can County provide more limited definition of Work Product? 49 GC-15 (5) Work Product (Part II General Conditions, Section GC-17(5)). All documents, data, studies, reports, work products or products created as a result of the performance of the contract (the Work Product ) shall be the Page 9 of 12
property of the client. We believe any transfer of ownership rights to the client should be limited to tangible deliverables that are created specifically for the client under the contract and should exclude Contractor s pre-existing intellectual property. Does County agree? 50 GC-17 (b)patents, Copyrights and Licenses (Part II General Conditions, Section GC-17(2)). Contractor must indemnify the client for any claim that the use or ownership of the equipment, hardware and software or any part thereof provided to the client constitutes an infringement of any patent, copyright or license. Will County agree this provision excludes any infringement that was caused by the client s actions. 51 GC-27 Goods (Part II General Conditions, Section GC-27). The Goods Contractor provides must be new and originally manufactured, and not refurbished, rebuilt or restored. Please confirm whether the equipment and vehicles Contractor will provide will be considered Goods. 52 53 Suggested Language to Add to the agreement Suggested Language to Add to the agreement Contractor and the Client acknowledge and agree that all revenue-processing parking equipment and all related hosting and other systems servicing the Parking Facility, including their configuration and deployment (collectively, the Systems ) must be compliant with prevailing industry standards governing the storing, handling, processing and transmission of personal and financial information, including, but not limited to, Payment Card Industry Data Security Standards (collectively, the Standards ), and that there is a risk of loss of revenue due to transaction processing failures and penalties imposed by Payment Card Industry members in the event of non-compliance? Contractor shall be responsible for maintaining the compliance of the Parking Facility Systems with the Standards and any amendments or modifications thereto. The Client agrees not to knowingly make any changes to the Systems which may impact their compliance with the Standards during the Term of this Agreement without first apprising Contractor in writing, it being the Can be discussed upon Contract award. Can be discussed upon Contract award. Page 10 of 12
54 intent of the parties that Contractor shall at all times have current information regarding the Systems for Standards compliance purposes and be fully accountable to the Client with respect thereto? Suggested Language to Add to the agreement 55 Suggested Language to Add to the agreement Contractor shall notify the Client in writing if it becomes aware that the Systems or any portion thereof are not compliant with the Standards at any time during the Term, and shall obtain competitive quotations for requisite upgrades, the cost of which shall be paid by the Client. All costs incurred by Contractor in the performance of its obligations under this Section.3 shall be Operating Expenses, provided that Contractor shall seek the prior approval of the Client for any proposed cost that exceeds the sum of $10,000, such consent not to be unreasonably withheld. If the Client does not approve an upgrade or other expenditure requested by Contractor to maintain compliance of the Systems with the Standards, the Client agrees to indemnify and hold Contractor harmless from and against all Claims incurred by, imposed upon, brought or asserted against Contractor arising from non-compliance with the Standards, and waives any and all Claims it may have against Contractor for any adverse impact upon Gross Revenues arising directly from non-compliance of the Systems. The foregoing indemnity and waiver shall be limited by the extent to which the Claims arise out of or are attributable to the negligence or non-performance of Contractor with its obligations under Section? If the services of an independent Qualified Security Assessor are obtained with respect to compliance of the Systems, the report of the Qualified Security Assessor and any certificates of compliance issued by the Qualified Security Assessor shall be determinative as to the compliance of the Systems? Can be discussed upon Contract award. Can be discussed upon Contract award. Page 11 of 12
ADDENDUM ACKNOWLEDGEMENT FORM As required by the RFP, Proposers must submit this acknowledgement form with their response. One acknowledgement form per response, listing all addenda, is appropriate. Addendum No.: Addendum No.: Addendum No.: Addendum No.: Addendum No.: Addendum No.: Company Name: Representative s Name: Signature: Date: END OF ADDENDUM Page 12 of 12