Request/or Proposals

RFP Item #11-087

Managing Augusta Parking Facilities
For The City of Augusta - Public Services Department Facilities Management Division RFP Due: Friday, February 18,2011 @11:00A.M.
Disadvantage Business Enterprise (DBE) Augusta-Richmond County, Georgia does not operate a DBE, MBE or WBE Program for Augusta funded projects, as a Federal Court has entered an Order enjoining the Race-Based portion of Augusta's DBE Program. Instead Augusta operated a Local Small Business Opportunity Program. However, for various projects utilizing the expenditure of State or Federal funds. Augusta enforces DBE requirements and/or DBE goals set by the Federal and/or State Agencies in accordance with State and Federal laws. "ANY LANGUAGE INCLUDED HEREIN THAT VIOLATES OR IS INCONSISTENT WITH THE MARCHJ4, 2007 COURT ORDER IN THE CASE, THOMPSON WRECKING, INC V. AUGUSTA, GEORGIA, CIVIL ACTION NO. 1:07-CV019, IS VOIDABLE BY THE AUGUSTA GOVERNMENT."

One Original and six (6) copies of RFP shall be submitted
Thanks for doing business with us ..•
Geri A. Sams, Procurement Director 530 Greene Street, Room 605 Augusta, Georgia 30901

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CITY OF AUGUSTA, GEORGIA OFFICE OF THE PROCUREMENT DIRECTOR 530 GREENE STREET SUITE 605 AUGUSTA, GEORGIA 30901 (706) 821-2422
www.augustaga.gov

DATE: SUBJECT:

January

4, 2011

RFP NO.

11-087

Request for Proposal to submit on the following services. Augusta Parking Facilities

NAME OF RFP: Managing

This letter extends to your Firm an invitation to submit a proposal to supply the City of Augusta with equipment, supplies, and/or services as indicated above. Sealed proposals for the above will be received at the Office of the City Procurement Director, 530 Greene Street - Suite 605, the Municipal Building, Augusta, Georgia, up to 11:00 A.M., Friday, February 18, 2011 at which time, proposals will be opened and publicly read. The Board of Commission reserves the right to reject any and all bids/RFPs and to waive formalities. Instructions for preparation and submission of a proposal are contained in the attached packet. Please note that specific forms for submission of a proposal are required. Proposals must be typed or printed in ink. If you do not submit, return signed RFP invitation sheet and state reason. Also, please clearly mark the outside of your envelope as "No Response." Any changes to the conditions and specifications must be in the form of a written addendum to be valid; therefore, the City will issue a written addendum to document all approved changes. Any RFP submitted which does not acknowledge the receipt of an addendum will not be considered. The City of Augusta seeks to ensure that all segments of the business community have access to supplying the goods and services needed by City programs. Doing business with Augusta has become easier! The new ARCBid link, which is located on the Procurement Department's website at www.augustaqa.gov, enables you to view current and past public bid information online. Should you have any questions concerning the bid documents, or need additional information, you may contact a member of the Bid and Contract Team directly @ 706821-2422. A request for bid documents must be faxed to 706 821-2811. A Proposal from your Firm will be appreciated. Sincerely yours,

~e~i
Geri A. Sams Procurement Director

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REQUEST FOR PROPOSALS
Request for Proposals will be received at this office until Friday, February furnishing: RFP Item #11·087 Managing Augusta Parking Facilities Facilities Management Division 18, 2011 @ 11 :00 A.M. for Services Department -

for Public

RFPs will be received by: The Augusta Commission Geri A. Sams, Director Augusta Procurement Department 530 Greene Street - Room 605 Augusta, Georgia 30901

hereinafter referred to as the OWNER at the offices of:

RFP documents may be viewed on the Augusta Richmond County web site under the Procurement Department ARCBid. RFP documents may be obtained at the office of the Augusta, GA Procurement Department, 530 Greene Street - Room 605, Augusta, GA 30901. A Mandatory Pre-Proposal Conference will be held on Friday, January 28, 2011 @10:00 a.m. in the Procurement Department, 530 Greene Street, Room 605. All questions must be submitted by fax at 706821·2811 or by email to procbidandcontract@augustaga.gov by Tuesday, February 1, 2011 @ 5:00 p.m. No RFP will be accepted by fax, all must be received by mail or hand delivered. The and and bid local bidder preference program is applicable to this project. To be approved as a local bidder receive bid preference on an eligible local project, the certification statement as a local bidder all supporting documents must be submitted to the Procurement Department with your bonafide package.

No RFP may be withdrawn for a period of 90 days after time has been called on the date of opening. Each proposal must be accompanied by a guaranty bond or its equivalent in the form of a cashier's or certified check or an unconditional certificate of deposit in the amount of twenty-five thousand dollars ($25,000). An invitation for bids shall be issued by the Procurement Office and shall include specifications prepared in accordance with Article 4 (Product Specifications), and all contractual terms and conditions, applicable to the procurement. All specific requirements contained in the invitation to bid including, but not limited to, the number of copies needed, the timing of the submission, the required financial data, and any other requirements designated by the Procurement Department are considered material conditions of the bid which are not waiveable or modifiable by the Procurement Director. Please mark RFP number on the outside of the envelope. Bidders are cautioned that sequestration of RFP documents through any source other than the office of the Procurement Department is not advisable. Acquisition of RFP documents from unauthorized sources places the bidder at the risk of receiving incomplete or inaccurate information upon which to base his qualifications. Disadvantage Business Enterprise (DBE) Augusta.Richmond County, Georgia does not operate a DBE, MBE or WBE Program for Augusta funded projects, as a Federal Court has entered an Order enjoining the Race-Based portion of Augusta's DBE Program.. Instead Augusta operates a Local Small Business Opportunity Program. However, for various projects utilizing the expenditure of State or Federal funds, Augusta enforces DBE requirements and/or DBE goals set by the Federal and/or State Agencies in accordance with State and Federal laws. GERI A. SAMS, Procurement Director Publish: Augusta Chronicle Metro Courier cc: Tameka Allen Mike Greene Rick Acree January 6, 13, 20, 27, 2011 January 12, 2011 Interim Deputy Administrator Public Services Department Public Services Department - Facilities Management Division

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RFP Item 11-087 Managing
Due Date: Friday,

Augusta Parking Facilities February 18, 2011 @ 11:00 A.M. TO SUBMIT

INSTRUCTIONS 1.1

Purpose: The purpose of this document is to provide general and specific information for use by vendors in submitting a bid to supply the City of Augusta with equipment, supplies, and or services as listed above. All bids are governed by the Code of the City of Augusta. How to Prepare Bid Proposals: All bid proposals shall be: (A) Prepared on the forms enclosed herewith, unless otherwise prescribed. (8) Typewritten or completed with pen and ink, signed by the vendor or his authorized representative, with all erasures or corrections initialed and dated by the official signing the proposal. Bidders are encouraged to review carefully all provisions and attachments of this document prior to completion. Each bid constitutes an offer and may not be withdrawn except as provided herein. Also, prices are to remain firm for the period stated herein. How to Submit Bid Proposals: All bid proposals shall be: (A) Submitted in sealed opaque envelope, plainly marked with the bid number and equipment, supply and/or service description listed above. (8) Mailed or delivered as follows in sufficient time to ensure receipt by the Procurement Director on or before the date and time specified above. (a) Mailing Address: Geri A. Sams, Procurement Director 530 Greene Street - Suite 605 Augusta, Georgia 30901. (b) Hand Delivery Address: Geri A. Sams, Procurement Director Procurement Department - e" Floor of the Municipal Building Suite 605 - Augusta, Georgia RFPs not received by the time and date specified in the first paragraph of the letter will not be opened.

1.2

1.3

(c)

1.4

Augusta-Richmond Code, Readopted 7110108: Sec. 1-10-43. Sealed bids selection method. (b) Invitation for bids and specifications. An invitation for bids shall be issued by the Procurement Office and shall include specifications prepared in accordance with Article 4 (Product Specifications), and all contractual terms and conditions, applicable to the procurement. All specific requirements contained in the invitation to bid including, but not limited to, the number of copies needed, the timing of the submission, the required financial data, and any other requirements designated by the Procurement Department are considered material conditions of the bid which are not waiveable or modifiable by the Procurement Director. All requests to waive or modify any such material condition shall be submitted through the Procurement Director to the appropriate committee of the AugustaRichmond County Commission for approval by the Augusta-Richmond County Commission. Procurement Protests: (A) Right to protest. Any actual or prospective bidder, offeror, or contractor who is aggrieved in connection with the solicitation or award of a contract may protest to Augusta-Richmond County. Protestors shall seek resolution of their complaints initially with the Procurement Director. All protests must be submitted in writing to the Procurement Director. (8) Protests concerning invitations to bid. A protest with respect to an invitation for bids or request for proposals shall be submitted in writing prior to the opening of bids or the closing date of proposals. If not done by that time, the complaint or protest is lost. (C) Stay of procurement during protests, In the event of a timely protest under subsection (b) of this Section, the Procurement Director shall not proceed further with the solicitation or award of the contract until all administrative remedies have been exhausted or until the Augusta-Richmond County Administrator or Commission makes a determination on the record that the award of the contract without delay is necessary to protect the interests of Augusta-Richmond County. Failure to Submit: If a RFP is not submitted, vendor should return bid sheets, stating reason therefore, and indicate whether their business should be retained or removed from the City's vendor's list. The outside of the envelope should clearly be marked "No Response".

1.5

1.6

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1.7

Errors in Bids: Bidders or their authorized representatives are expected to fully inform themselves as to the conditions, requirements and specifications before submitting bids. Failure to do so will be at the bidders' own risk. In case of error in extension of prices in the bid, the unit prices shall govern. Correction or withdrawal of bids. Correction or withdrawal of inadvertently erroneous bids before or after bid opening may be permitted under the circumstances described below: (1) Mistakes discovered before bid opening may be modified or withdrawn by written or telegraphic notice received in the office desiqnated in the invitation for bids prior to the time set for bid opening. (2) After the bid opening, corrections to bids shall be permitted only to the extent that the bidder can show by clear and convincing evidence that a mistake of a non-judgmental character was made, the nature of the mistake, and the bid price actually intended. Otherwise, no changes in bid prices or other provisions of bids prejudicial to the interest of Augusta-Richmond County or fair competition shall be permitted. (3) In lieu of bid correction, a low bidder alleging a material mistake of fact may be permitted to withdraw its bid if: a. the mistake is clearly evident in the bid document but the intended correct bid is not similarly evident; or b. the bidder submits evidence which clearly and convincingly demonstrates that a mistake was made. (4) All decisions to permit the correction or withdrawal of bids, or to cancel awards or contracts based on bid mistakes, shall be supported in a written report made by the Procurement Director. (5) Withdrawal after receipt of bids is cause to forfeit bid security unless substantial evidence was presented clearly evidencing the mistake and hardship that would occur to either the County or the bidder in the event of award

1.8

Standards for Acceptance of Bid for Award Contract: The City reserves the right to reject any or all bids and to waive any irregularities or technicalities in bids received whenever such rejections or waiver is in the interest of the City. The City reserves the right to reject the bid of a bidder who has previously failed to perform properly or complete on time contracts of a similar nature, or a bid from a bidder whom investigation shows is not in a position to perform the contract a bidder who failed to submitted any requested documentation to include bid bond, performance and payments.

1.9

Proposal: An offer, something proffered. An offer, by one person to another of the terms and conditions with reference to some work or undertaking, or for the transfer of property, the acceptance whereof will make a contract between them. (Black's law Dictionary, s" Edition). Proposals for professional service received by the county will be evaluated for their comparative level of compliance with the specifications issued for the project. The evaluation of proposals mayor may not include proposed price as one of the evaluation criteria. Bidder: Whenever the term "bidder" is used it shall encompass the "contractor", "purchaser" or other party having a contract with the City in such capacity after a contract has been entered into or between such party and the City. Compliance with laws: The bidder shall obtain and maintain all licenses, permits, liability insurance, workman's compensation insurance and comply with any and all other standards or regulations required by federal, state or City statute, ordinances and rules during the performance of any contract between the bidder and the City. Any such requirement specifically set forth in any contract document between the bidder and the City shall be supplementary to this section and not in substitution thereof. Termination of Contract: The City of Augusta may cancel the contract at any time for breach of contractual obligations by providing the consultant with a written notice of such cancellation. Should the City of Augusta exercise its right to cancel the contract for such reasons, the cancellation shall become effective on the date as specified in the notice of cancellation sent to the contractor. Non-Collusion Affidavit: By signing and submitting this bid, bidder declares that its agents, officers or employees have not directly or indirectly entered into any agreements, participated in any collusion or otherwise taken any action in restraint of free competitive bidding in connection with this bid. In the event, said bidder is found guilty of collusion, the company and agents will be removed from the City's bid list for up to three years and any current orders will be canceled.
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1.10

1.11

1.12

1.13

The City pays by invoices only net 30. Unless otherwise arranged. Invoices should be sent to the following address: City of Augusta Richmond County Georgia Accounting Department - Room 105 City-Municipal Building 530 Greene Street Augusta, Georgia 30901

1.14

All Bids, Request for Proposal/Qualifications and or Quote are governed and awarded in accordance to The City of Augusta, Georgia (Richmond County) Code. To view the Code visit Augusta's website at www.augustaga.gov. GENERAL CONDITIONS

2.1

Specifications: Any obvious error or omission in specifications shall not inure to the benefit of the bidder but shaH put the bidder on notice to inquire of or identify the same from the City. Whenever mention is made of any article, material, or workmanship to be in accordance with laws, ordinances, building codes, underwriter's codes, American Society for Testing and Materials (A.S.T.M.) regulations or similar expressions, the requirements of these laws, ordinances, etc., shall be construed to be the minimum requirements of these specifications. Some specifications are made from actual samples or prior use. Prices to be Firm: Vendor warrants that RFP, terms and conditions quoted in his submittal will be firm for acceptance for a period of ninety (90) days from opening date. Completeness: All information required by Request for Proposal must be completed and submitted to constitute a proper RFP. Default Provision: The contract may be canceled or annulled by the City of Augusta in whole or in part by written notice of default to the Contractor upon non-performance or violation of contract terms. An award may be made to the next vendor, for articles and/or services specified or they may be purchased on the open market and, the defaulting Contractor (or his surety) shall be liable to the City of Augusta for costs to the City in excess of the defaulted contract prices. The Contractor shall continue the performance of this contract to the extent any part is not terminated under the provisions of this clause. Award of Contract: The contract, if awarded, will be awarded to the most responsive and responsible vendor whose proposal will be most advantageous to the City, price and other factors considered. The City will make the determination. Local Vendor Preference: The City of Augusta has a local vendor preference policy which allows the lowest local bidder, (defined as within Augusta Richmond County), within 5% or $10,000, whichever is less, of the lowest non-local bidder, to match the bid submitted by the non-local bidder and therefore be awarded the contract. Vendors must complete the enclosed vendor's Certification form. MinoritylWomen Business Enterprise (MWBE) Policy: Court Order Enjoining Race-Based Portion of DBE Program. Disadvantage Business Enterprise (DBE) Augusta-Richmond County, Georgia does not operate a DBE, MBE or WBE Program for Augusta funded projects, as a Federal Court has entered an Order enjoining the Race-Based portion of Augusta's DBE Program. Instead Augusta operates a Local Small Business Opportunity Program. However, for various projects utilizing the expenditure of State or Federal funds, Augusta enforces DBE requirements and/or DBE goals set by the Federal and/or State Agencies in accordance with State and Federal laws. Qualified Vendor: A "Qualified Vendor" is defined for this purpose as one who meets, or by the date of bid acceptance can meet, all requirements for licensing, insurance and service contained within these specifications. Compliance with Specifications - Terms and Conditions: The Request for Proposal Invitation, Legal Advertisement, General Conditions and Instructions to Bidders, Specifications, Special Conditions, Vendor's Submittal, Addendum, and/or any other pertinent documents form a part of this proposal and by reference are made a part hereof.

2.2 2.3 2.4

2.5

2.6

2.7

2.8

2.9

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2.10

Signed Bid/RFP Considered Offer: The signed bid/RFP shall be considered an offer on the part of the bidder/vendor, which offer shall be deemed accepted upon approval by the Commission of the City of Augusta, the City Administration or his designee. In case of a default on the part of the bidder/vendor after such acceptance, the City of Augusta may take such actions as it deems appropriate including legal action for damages or specific performance. Notice to Proceed: The successful bidder shall not commence work under this invitation to bid until duly notified by receipt of contract signed as executed by the Mayor/Commission or Administrator or their designee (Clerk or Commission or the Procurement Director). If the successful vendor does commence any work prior to receiving official notification, he does so at his own risk. Pre-bid conference and addendum: A conference to be conducted by the Procurement Director and using agency head, if appropriate, hearing will be scheduled at least five (5) working days before receipt of bids. While the pre-bid conference is not a requirement, it is strongly recommended and widely used to further acquaint interested bidders with the bid requirements and items to be purchased and vendor input. Any substantive changes to specifications resulting from the pre-bid conference or other vendor/contractor sessions shall be documented in an addendum and communicated to all bidders registered for the procurement action. Note: In the event of a MANDATORY PRE-BID CONFERENCE ALL INTERESTED VENDORS MUST ATTEND. Bid opening. Sealed Bids/RFPs shall be opened publicly in the presence of one or more witnesses at the time and place designated in the public notice and invitation for bids/Request for Proposals. The amount of each bid, and such other relevant information as the Procurement Director deems appropriate, together with the name of each bidder/vendor shall be recorded: the record and each bid shall be open to public inspection in accordance with § 1-10-5 (Public Access to Procurement Information). Bid acceptance and bid evaluation. Provided that the bids/RFPs are delivered to the Procurement Director at the time, place, and under the conditions contained in the Invitation for Bids/Request for Proposals, the bids/proposals shall be conditionally accepted without alteration or correction pending evaluation. Bids/proposals shall be evaluated based on the requirements set forth in the invitation for bidsfRequest for Proposal, which may include bidder responsiveness, capability and past performance, and criteria to determine acceptability such as inspection, testing, quality workmanship, delivery, and suitability for a particular purpose. Those criteria that will affect the bid/proposal price and be considered in evaluation for award shall be objective and clearly measurable, including but not limited to discounts, transportation costs, and total or life cycle costs. The main advantage of using life-cycle costing is that both initial costs and related costs for the life of the item are considered. When the criterion for awarding the contract is based on lowest responsive bidder, it may mean that the contract specifications are just minimally complied with. Selecting of the lowest bidder could result in a higher incidence of maintenance, and down-time could eat up any savings made if the purchasing process considers only the initial cost. Employment Eligibility Verification:

2.11

2.12

2.13

2.14

2.15

Georgia Security and Immigration Act of 2006 As of July 1,2009, all contracts with Richmond County must have a certification from the Contractor that they comply with the Georgia Security and Immigration Act of 2006. This requires all those individuals, firms, contractors, consultants, etc., contracting with the County to execute the Contractor Affidavit and Agreement. If Sub-contractors are engaged, they are required to execute the Subcontractor Affidavit. These affidavits are attached for your convenience in com pliance with this requirement. ATTACHMENT B - Prime Contractors Affidavit and Agreement

Please note as Prime Contractor in accordance to the attached Contractor's Affidavit, I will accept the responsibility stated in the affidavit which states: "The undersigned further agrees that, should it employ or contract with any subcontractor(s) in connection with the physical performance of services pursuant to this contract with Augusta Richmond County Board of Commissioners, contractor will secure from such subcontractor(s) similar verification of compliance with G.C.G.A 13-10-91 on the Subcontractor Affidavit provided in Rule 300-10-01-.08 or a substantially similar form. Contractor further agrees to maintain records of such compliance and provide a copy of each such verification to the Augusta Richmond County Board of Commissioners at the time the subcontractor(s) is retained to perform such service. "
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Subcontractor

Affidavit

and Agreement

The successful vendor will submit the above forms to the Procurement Department no later than five (5) days after receiving the "Letter of Recommendation" (Vendor's letter will denote the date forms are to be received) SPECIAL CONDITIONS 3.1 County's Right To Amend Bid Solicitations Or Awards That Are In Violation Of Law. (A) Prior to bid opening or closing date for receipt of proposals. If prior to the bid opening or the closing date for receipt of proposals, the Procurement Director, after consultation with the AuqustaRichmond County Administrator, and the Auqusta-Richmond County Attorney, determines that a solicitation is in violation of federal, state, or local law or ordinance, then the solicitation shall be canceled or revised to comply with applicable laws. (8) Prior to award. If after bid opening or the closing date for receipt of proposals, the Procurement Director, after consultation with the Administrator or his designee, and the Augusta-Richmond County Attorney determine that a solicitation or proposed award is in violation of federal, state or municipal law, and then the solicitation or proposed award shall be canceled. (C) After award. If, after an award, the Procurement Director, after consultation with the Administrator and the Augusta-Richmond County Attorney determines that a solicitation or award of a contract was in violation of applicable law, then the contract shall be revised to comply with applicable law. If Augusta-Richmond County is unable to revise the contract to comply therewith, the contract shall be terminated and declared null and void by the Augusta-Richmond County Commission. Bonds: (Check where applicable) [ ] (A) Each bidder shall post a bid bond, certified check or money order made payable to the City in the amount of 10% of the bid price. A company check is not acceptable. No bids shall be read or considered without a proper form of security. [ ] (8) No bond, certified check, or U.S. Money Order is required. [ ] (C) Bidder shall post a payment I performance bond payable to the City in the amount of 100% of the bid price if awarded the purchase. Such bond(s) are due prior to contract execution as a guarantee that goods meet requirements of the contract including timely delivery, performance specifications and warranty requirements. Such bonds will also guarantee quality performance of services and timely payment of invoices to any subcontractors. [X] (D) Each proposal must be accompanied by a guaranty bond or its equivalent in the form of a cashier's or certified check or an unconditional certificate of deposit in the amount of twenty-five thousand dollars ($25,000). In accordance with Article 5 of the City's Code. Augusta Richmond County's code can be viewed in its entirety @ http://www.augustaga.govlindex.aspx?NID=685 Guidelines & Procedures. 3.3 City License Requirement: Contractor must be licensed in the State of Georgia or by the Governmental entity for where they do the majority of their business. For further information contact Robert Sherman of the License and Inspection Department @ 706 312-5162. Warranty Requirements: (Check where applicable) [ ] (A) Provisions of item 2.12 in regards to quality shall apply. [ J (8) Warranty required. [ J (a) Standard Warranty shall be offered with bid. [ ] (b) Extended Warranty shall be offered with bid. Terms [ ] (A) [ J (8) [X] (C) of Contract: (Check where applicable) Annual Contract One time Purchase. Other

3.2

3.4

3.5

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LOCAL SMALL BUSINESS OPPORTUNITIES
4.1 General Principles

PROGRAM

This Ordinance and/or the codification hereof may be referred to as the "Augusta-Richmond Local Small Business Opportunities Program Ordinance" ("LSBOP"). 4.2 Objective

County

Augusta-Richmond County is firmly committed to the principles of equal opportunity and in keeping with these principles, hereby sets forth a program and establishes a mechanism for developing, approving, and implementing procedures by which local small business enterprises shall be identified, informed and educated regarding opportunities for supplying goods, general services, and construction services required by Augusta-Richmond County, and providing for objectives for bidders to incorporate the use of Local Small Businesses as commercially useful sub-contractors, thereby promoting balanced economic and community growth throughout Augusta-Richmond County. The LSBOP is a race and gender-neutral program. 4.3 Policy It is the policy of Augusta-Richmond County that all necessary and reasonable steps shall be taken to ensure that local small business enterprises have the maximum opportunity to compete for and participate in all contracts and subcontracts funded by or through Augusta-Richmond County government. Further, the Augusta-Richmond County Commission has determined as a means to ensure full economic participation by small local business that a mechanism for developing, approving and implementing a LSBOP is required. Augusta-Richmond County has established the LSBOP to promote opportunities for certified Local Small Business to participate in Augusta-Richmond County's contracting and procurement activities by requiring contractors to utilize certified Local Small Businesses to perform commercially useful functions to the maximum extent possible and as economically feasible, as partners or subcontractors for service delivery or as suppliers of various goods required in the performance of a contract. This LSBOP is in addition to and shall not supplant the Local Preference Ordinance, Code §1-10-6. Augusta's Local Small Business Opportunities Program shall comply with federal and state requirements applicable to small or disadvantaged business, lncludinq but not limited to those requirements set forth by regulation by the Federal Aviation Administration, U.S. Department of Housing & Urban Development, and Georgia Department of Transportation. It is expressly recognized that such federal and state regulations preempt Augusta's regulations regarding this subject. 4.4 Local Small Business Vendor Information and Program Information: Please contact:

Yvonne Gentry 501 Greene Street - Suite 304 Augusta, Georgia 30901 Office: (706) 821-2406 Fax: (706) 821-4228

The successful vendor will submit the required LSBOP forms to the Procurement Department no later than five (5) days after receiving the "Letter of Recommendation" (Vendor's letter will denote the date forms are to be received).

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RFP Item 11-087 Managing Augusta Parking Facilities Due Date: Friday, February 18, 2011 @ 11:00 A.M. SECTION I INTRODUCTION:
The Procurement Department of Augusta-Richmond County (hereinafter referred to as the OWNER) is soliciting proposals from qualified firms (hereinafter referred to as the FIRM) to manage and operate the Augusta owned parking facilities located on Reynolds Street in Augusta to include the Parking Deck at the Augusta Marriott and the new Reynolds Street Parking Deck currently under construction. Responses will be received at the office of the Director of Procurement at the aforementioned address until Friday, February 18, 2011 @ 11 :00 A.M. The term of the Management Agreement is for an initial 3 (three) year period with 2 (two) additional 2 (two) years extensions subject to approval by the Augusta Commission. All firms responding are cautioned to read this RFP carefully for understanding and request clarification from the Owner on any questions pertaining to this RFP. Any questions should be in writing or emailed and directed to: Geri Sams, Director of Procurement Augusta Richmond County 530 Greene Street, Room 605 Augusta, Georgia 30901 706/821-2422 Phone 706/821-2811 Fax procbidandcontract@auqustaqa.gov - email address Discussions with other employees of Augusta, or information obtained considered valid or binding in evaluation of any response to this request. in any other manner, will not be

Failure to provide all of the requested information may cause the proposal to be rejected as non-responsive. Any interested qualified firm(s) and/or party is requested to make a response to accomplish the Scope of Services described herein. The response is to be signed by a duly authorized official of the firm and must be submitted in the time, manner and form prescribed. All interested firms are required to meet Federal, State and Local laws and regulations. If an award of contract is awarded as a result of this solicitation, contract will be made on the basis of the response which best satisfies the intent of this Request for Proposal and other factors considered in the best interest of the Owner. Negotiations may be undertaken with the firm whose Proposal shows them to be the most qualified, responsible, and capable of performing the work. The Owner may consider professional qualifications and related experience to determine which proposal would be in Owner's best interest if a contract were made. The Owner reserves the right to withdraw this RFP, to reject any and all submittals at any time, to suspend or terminate the selection process, and/or to cancel the project. In the event of such suspension or termination, the Owner shall have no obligation or liability to any of the firms preparing or submitting proposals under this RFP. In addition, neither this RFP, nor any proposal submitted, nor the selection of any proposal, nor any negotiations with any firms, will impose any obligation or liability on the Owner. The Owner may reject any proposal determined to contain false or misleading statements or references, which, in the sole judgment of the Owner, do not support an attribute or condition, contended by the firm and it is deemed that such statements were intended to mislead the Owner in its evaluation of the submittal. Please note that failure to acknowledge addenda may be grounds for rejection of any proposal as noncompliant. The Owner's identification of an apparent aspects of the firm's submittal. successful firm does not necessarily mean that it accepts all

Each firm shall be responsible for all costs of the preparation of their proposal, and they shall not be compensated in any way for the preparation or submittal of a proposal.

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The Owner reserves the right to consider proposals or modification thereof received at any time before the award is made, if such action is in the interest of the Owner. The Owner reserves the right to reject any or all proposals received as the result of this request. The Owner also maintains the right to negotiate with any firm, as necessary, to serve the best interests of Owner. The Owner will not be liable for any costs incurred by any firm prior to the signing of a contract. To be considered, firms must submit a response using the format provided in Part IV. The response must arrive at the Procurement Department offices, located at 530 Greene Street, Room 605, Augusta, GA 30901, by 11:00 A.M., Eastern Time, on Friday, February 18, 2011. They should be marked to the attention of Geri Sams, Director of Procurement. An official authorized to bind the firm to the terms and provisions of the proposal must sign the proposal. For a proposal to be considered it must remain valid for at least 90 days from the time that the Owner receives it. The Owner will evaluate all proposals received from firms with respect to evidence that the goals and objectives of the project are fully understood. The firm's demonstrated capability, other qualifications and operational concept, as described herein, will also be assessed. The Owner will then make their recommendation to the Augusta-Richmond County Commission for their consideration and final approval. General Information The current Parking Operation Agreement will conclude at the end of January, 2011 with a reversion to a month to month management agreement until a new agreement is reached and approved by the Augusta Commission. As such the Owner has determined the issuance of an RFP in a "Management Agreement" format will better serve both the City and successful Operator's interests. The City seeks to obtain a professional parking company highly skilled in providing excellent customer service, parking revenue control, operational control plus the ability to work together with the Owner, the Downtown Development Authority, and the Marriott in the creation of innovative marketing objectives. The selection of the successful FIRM will be evaluated carefully based upon these critical features. The original parking facility at the Marriott (originally Radisson) consisted of 35 surface spaces, 122 surface space at the hotel and 555 spaces in a parking deck for a total of 712 spaces. Currently the City of Augusta is constructing a Trade, Entertainment and Exhibition (TEE) Center on the site with an anticipated completion date inside the spring of 2012. Upon completion, there will be 385 spaces on this site. In addition to the parking on the Marriott site, the City of Augusta is constructing the new Reynolds Street Parking Deck directly across Reynolds Street from the TEE Center. This new deck will have (at the time of the writing of this RFP) 450 spaces with both surface and elevated parking. Completion of this deck is currently anticipated in Spring 2011. Expansion of this parking facility is currently in consideration. The selected operator will be expected to coordinate staffing levels and schedules with the Marriott, TEE Center, and other potential major users to provide prompt, courteous service to customers and minimize delays exiting the facilities. All firms submitting proposals should bear in mind that, although cost is a factor for consideration in both the Management Fee and the Operational Budget, other factors, such as those stated above, will be given consideration. The Owner wishes all parties involved in this venture, the FIRM, AUGUSTA, and the AUGUSTA HOTEL PARTNERSHIP (the Partnership) to be highly motivated to produce results for the Owner's objectives, which is in character with the overall community's economic service and quality of life objectives. The fourth (4th) th and (5th) year, and sixth (6 ) and seventh (ih) options will be based upon the measured success of the Operator during the first three (3) year term. The Management Fee for these years will either be increased by the Owner, or a new Operator will again be competitively selected, See the attached City parking Management considered non-reim bursable. Agreement for details of cost reimbursement and those costs

RFP 11-087 Managing Augusta Parking Facilities Page 11 of 57

SECTION II Minimum Qualifications/Experience
Proposing firms shall have, at a minimum, the following qualifications and/or experience: 1. Shall have at least five (5) years experience in the management and operation of at least five similar parking facilities. 2. Shall provide a qualified management candidate with five years of parking experience in a hotel or municipal facilities. The manager will be fully allocated to operate and manage the facilities. A resume of the candidate must be included with the proposal. 3. Shall be currently operating at least one hotel or municipal parking facility with over 1000 parking spaces containing both short-term and long-term facilities. 4. Shall be currently operating municipal and hotel parking facilities where at least one location generates annual gross receipts in excess of $600,000. 5. Shall have managed the installation of, and shall be knowledgeable of, "state of the art" revenue control equipment including mag-stripe ticket dispensers, bar code readers, lag time tickets, license plate inventory system plus credit card automation and related equipment. 6. Shall have had hotel and Municipal parking marketing experience and be able to demonstrate the effectiveness of previous marketing programs by demonstrating tangible results. 7. Shall demonstrate the capability to successfully undertake and complete the responsibilities and obligations of the proposal being submitted and the agreement being entered into. 8. Shall be able to reference other similar parking facilities that the company has operated which have a similar form "Management Contracts" with management and operating requirements. Instructions to FIRMS 1. The successful FIRM will be required to execute the attached Parking Management Agreement and shall provide management services in accordance with the terms and conditions of this agreement. Once a firm has been selected, the management fee will be negotiated. This Request for Proposals and the Parking Management Agreement will be included as a part of the contract. A sample Parking Management Agreement is attached. 2. Tentative Scheduled Dates: a. AdvertisemenURFP's mailed b. Mandatory Pre Proposal Conference c. Final date for questions d. Proposal Due Date e. Award of Agreement f. Contract Date Effective January 6, 2011 Friday, January 28,2011 @ 10:00 a.m. Tuesday, February 1,2011 @ 5:00 p.m. Friday, February 18, 2011 @11:00 a.m. March 2011 April 2011

3.

Requests for interpretation shall be made in writing and delivered to the Procurement Director or emailed. Requests may be delivered via facsimile at the number below or emailed to the email address below. The Procurement Director will issue an addendum clarifying all questions prior to submission of proposals .. Telephone Number: FAX Number: Email Address 706-821-2422 706-821-2811 procbidandcontract@augustaqa.gov The Procurement RFP 11-087

Responses to questions will be in writing and distributed to all FIRMS of record. Director's interpretation will be final. 4. 5. Six (6) copies of the proposals must be submitted "Managing Augusta Parking Facilities Proposal" in a sealed envelope

marked

All proposals received will remain confidential until the Owner awards an Agreement, after which Performance Bonds will be returned to unsuccessful FIRMS. The Owner has the right to change any or all of the above dates listed. Each Proposal must be completed in the format described herein. Proposal statements must be accurate and verifiable. FIRMS will be held responsible for having examined the details of the Parking Management Agreement plus clearly understand how the Agreement relates to the Premises. The FIRM will use its personal. knowledge and experience or professional advice as to the character of the services required plus the proposed type of operation.
RFP 11-087 Managing Augusta Parking Facilities Page 12 of 57

6.

7.

The FIRM must become fully aware of the City's requirements for the management. operation and marketing of the public parking facilities prior to submission of their proposal. Failure to do so will not relieve the successful FIRM of its obligation to carry out the provisions of the Agreement. The FIRM must be familiar and comply with all Federal, State and local laws, ordinances, rules and regulations which might affect the Premises, as defined. The FIRM must obtain required licenses and permits, as required.

Selection Process and Evaluation Criteria 1. The Owner will review proposals with an evaluation panel that will be chosen by the Procurement Director and the Contract Manager. The panel will provide the Procurement Director with its recommendations regarding the selection of a FIRM. The department shall make a recommendation to the Augusta Commission who will make a final award. Neither the Procurement Director nor the Augusta Commission shall be bound to award the agreement to the lowest (dollar) FIRM. The Owner at its sole discretion may award the agreement to any FIRM.

2.

Evaluation. The evaluation panel will consist of such management personnel and/or outside knowledgeable officials. The panel will evaluate the proposals based upon some but not necessarily all of the criteria listed below: a. b. c. d. 5 points 10 points 10 points 30 points Completeness of the Proposal as requested of the FIRM in the RFP. Capabilities, experience and expertise of the FIRM. Financial statements submitted by the FIRM. Past service record of the FIRM at other hotels whose mission is similar to that of the Owner's, including any litigation with such hotels. Provide current contact information for references Proposed Plan of Operation Proposed Marketing Plan Cost to the OWNER combining Operating Budget, Marketing Budget and Management Fee. Proximity to Area
5 points

e. f. g. h.

25 points 5 points 10 points 5 points

4 paints 3 points 2 points 1 point 3.

within Augusta within CSRA within Georgia within SE USA AU others

It is the intent of the OWNER to award a contract or reject all proposals within ninety (90) days following the opening of proposals or as soon as reasonably practical thereafter. It is the OWNER's intent to have the successful firm in place with a signed contract no later than the expiration of the current management agreement as previously stated.

SECTION III

Submission of Proposals
All documentation submitted with this proposal should be bound or mounted in a single volume. The original and six (6) copies of the proposal must be submitted in a sealed package and marked on the outside with "Managing Augusta Parking Facilities Proposal"

Each FIRM should be identified with the FIRM name on the outside of the envelope. All proposals will be publicly opened, but the content of proposals will not be available for public review until after the City has awarded a contract and the contracUagreement has been executed by the City and the successful FIRM. It is the sale responsibility of the FIRM to have its proposal delivered as specified herein. Proposals should be prepared simply providing a concise description of the FIRM's capabilities to satisfy the requirement of this RFP. Section IV lists the information required for all proposals and the order in which it should be presented.

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SECTION IV Submission Requirements
In order to expedite the evaluation of proposals, each must organize its proposal into the following sections and order. Proposals that do not follow the specified format outlined below may be deemed non-responsive and disqualified from the process. In addition, failure to provide the required documentation may be cause for rejection of the proposal. 1. 2. Cover/Transmittal Letter

Business Information Questionnaire and Attachments (Attachment A should be completed by all firms. Attachment A-1, A-2 or A-3 and the related signature sheet(s) should be completed depending on business structure) Business and Financial References (Attachments Financial Statement (Attachment C) FIRM must provide financial statements, including a balance sheet, income statement and cash flow statement with all footnotes and disclosures audited by an independent Certified Public Accountant (CPA) in accordance with generally accepted accounting principles for the last two (2) full fiscal years of operations. Sale proprietorships, partnerships and limited liability entities must meet the same requirements, as their performance requirements under the contract will be the same as a corporation. Financial statements not meeting this requirement may be deemed unresponsive or scored lower in the evaluation of the proposal. If FIRM intends to operate the business as a sole proprietorship, personal financial statement for the last two (2) years. FIRM must submit a certified B-1 and B-2)

3. 4.

If FIRM is a corporation, partnership or joint venture, and has been in business for less than one (1) year, then the above personal financial information is required for all shareholders, partners and joint venture partners that have a ten percent (10%) or more ownership interest in the FIRM. 5. 6. Anti-Lobbying, Non-collusion and Declaration Statement (Attachment D)

Annual Operating Budget (Attachment E) FIRM must submit a proposed annual operating budget for the parking facility in the format presented as Attachment E. Any additions to the form must be denoted with an asterisk "*" in the first column along with the clear description of the item being added.

7.

Proposal Bond Each proposal must be accompanied by a guaranty bond or its equivalent in the form of a cashier's or certified check or an unconditional certificate of deposit in the amount of twenty-five thousand dollars ($25,000).

8.

Experience & Qualification Statement The FIRM shall provide the Commission with sufficient documentation to show that the FIRM and the resident General Manager are experienced and qualified to fulfill this management agreement for parking facilities. Evaluation of the FIRM's and the resident General Manager's experience will be based on a record involving the management of large public facilities, operated 24 hours per day, seven days per week, 365 days per year. The amount of managing business experience required to participate in this proposal process has been established at a minimum of five (5) years experience in hotel and municipal parking management.

RFP 11-087 Managing Augusta Parking Facilities Page 14 of 57

FIRM shall provide an organizational chart for the company as well as for local management and attach resumes or job descriptions (for those individuals not already identified) of the FIRM's officers directly related to this proposed project and the proposed resident General Manager and Assistant Manager. FIRM shall provide a description of the General Manager's previous parking experience including the number of employees supervised and whether experience was gained in multiple shift operations. The General Manager shall be an experienced administrator, acceptable to the Commission, who will devote his/her full time to the performance of the FIRM's established responsibilities. The General Manager shall be expected to work at the hotel a minimum of forty (40) hours per week during the term of this agreement. He/she shall have regular meetings with Hotel's Staff to keep the Commission fully informed concerning daily operations. The FIRM and proposed General Manager must have experience in various revenue control procedures including on-line, computerized parking revenue equipment. The FIRM and proposed General Manager must identify the types of revenue control systems on which they have worked and length of time on each system. 9. Operations and Internal Cash Control and Auditing Plan Each FIRM shall submit an Operations Plan and a Internal Cash Control and Auditing Plan describing in specific detail the strategies, policies and procedures to be used by the FIRM in operating and cash control of the parking facilities. The Plans should include innovative customer service practices and costs which FIRM envisions will improve the service required under the Management Agreement. The Plans should also address practices and methodologies to be implemented to enhance revenue control. These Plans shall set forth the types of auxiliary services that the FIRM recommends to be offered to customers in addition to those services that the FIRM required in this RFP. The Plans may include other information FIRM considers pertinent to its proposal. Note: The FIRMs are encouraged to "think' outside the box" as they consider the above Operations and Cash Control Plan. New operating ideas which will assist the Commission in attracting new parking users through new and innovative services will be especially appreciated by the Commission. 10. 11. The Proposal shall also address, in detail, any issues the FIRM may have in complying with the terms contained within the standard Parking Management Agreement. Internal Cash and Auditing Procedures The FIRM must submit its company's internal cash handling and auditing procedures as part of this proposal. The procedures should include daily, weekly, and monthly reports of the results submitted to the Contract Manager for review. 12. Transition Plan The FIRM shall submit a Transition Plan that will describe how the FIRM plans to start operations and bring about a smooth transition of the work to be performed. Such plan shall consist of a schedule of how FIRM will handle any anticipated problems and shall include the time period needed for the hiring and training of employees, planned interface with Commission. 13. Opinion from Legal Counsel FIRM is requested to obtain an opinion from legal counsel stating whether or not litigation is pending or contemplated that could affect FIRM's ability to undertake its proposal. 14. Other Information FIRM should provide any information that would be helpful in evaluating the FIRM's ability to successfully manage, operate and market parking operations at the Marriott Riverfront Hotel and Reynolds Street Parking Deck, including a detailed explanation of any pending or threatened litigation involving FIRM at any Parking Facility.

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FIRM acknowledges that it has submitted responses to each of the 14 required components for Proposal and that all information submitted is true and correct.

of the Request

NameofFIRM:

__

Name of Authorized Person:

_

Signature of Authorized Person:

_

Title: Business Address of FIRM: _

Business Phone Number: Business E-Mail Address:

Business FAX Number:

_

_

Notary Public __________ dayof

Signed and sworn before me this

___________

20
_

_

Notary Signature:

My Commission Expires:

(Affix Notary Seal)

RFP 11-087 Managing Augusta Parking Facilities Page 16 of 57

ATTACHMENT A BUSINESS INFORMATION FORM (All FIRMS MUST COMPLETE THIS SHEET)

BUSI NESSIN FORMATION

1.

Name of Firm (exactly as it is to appear on the Agreement):

2.

Principal Office Address:

3.
4. 5. 5.

Telephone Number: Contact Person:
Name

Fax Number:

Title

Contact E-Mail: Form of Business Entity; check one and complete appropriate statement(s): () () () () Partnership Corporation Joint Venture Individual/Sole

Proprietor (no additional pages required)

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ATTACHMENT A·1 PARTNERSHIP STATEMENT

If a PARTNERSHIP, 1.

answer the following: _ Limited Partnership ( Yes ( ) No ( Yes ( ) No( ) _ Yes ( ) No( } _

Date of Organization? General Partnership (

2.
3. 4.

Partnership Agreement Recorded?

Has the Partnership done business in Georgia? If Yes, when?/where?

5.

Has the Partnership done business in the United States? If Yes, when?/where?

6.

Name, address, and partnership shares of each partner:
Name Address Percent Ownership

7.

If any partner is not an individual, the appropriate business entity statement must also be completed for that partner.

8.

A certified copy of the partnership agreement must be submitted.

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ATTACHMENT A·2 CORPORATION STATEMENT

If a CORPORATION, Where incorporated?

answer the following: When incorporated? _ ) No ( ). __

Is the corporation authorized to do business in Georgia? Yes ( Ifso,asofwhatdaffi? If Georgia is not state of incorporation: Address of the registered office in Georgia Name of registered agent in Georgia at such office: The Corporation is held: Publicly ( ) Privately ( )

_

Furnish the name, title, and address of each officer, director and principal shareholders 10% or more of the corporation's issued stock.
DIRECTOR'S NAME ADDRESS TITLE

owning

RFP 11-087 Managing Augusta Parking Facilities Page 19 of 57

CORPORATION
OFFICER'S NAME

ATTACHMENT STATEMENT (Cont.)
ADDRESS

A~2 (Pg 2)

TITLE

PRINCIPAL

SHAREHOLDER

ADDRESS

PERCENT

OWNERSHIP

If any principal shareholder is not an individual, the appropriate business entity statement must also be completed for such shareholder.

RFP 11-087 Managing Augusta Parking Facilities Page 20 of 57

ATTACHMENT A-3 JOINT VENTURE STATEMENT

If a JOINT VENTURE, answer the following: 1. Date of Organization? Joint Venture Agreement recorded? Yes ( No( No( ) _ _

2. 3.

Have the Joint Venture Entities done business in Georgia? Yes ( If yes, when?/where?

4.

Name and Address and Percent Ownership of Each Joint Venture Entity:
NAME ADDRESS PERCENT OWNERSHIP

5.

If any joint venture entity is not an individual, the appropriate must also be completed for such joint venture.

business entity statement

6.

A certified copy of the joint venture agreement must be submitted with the proposal.

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ATTACHMENT A SIGNATURE SHEET - SOLE PROPRIETOR No proposal shall be accepted which has not been signed and notarized in ink in the appropriate space below. If FIRM is an SOLE PROPRIETOR, sign here. Name: _

Doing Business As:

State of

County of

Subscribed and sworn before me this

day of

20__

Notary

_

My Commission Expires:

(NOTARY SEAL)

RFP 11-087 Managing Augusta Parking Facilities Page 22 of 57

ATTACHMENT A SIGNATURE SHEET - PARTNERSHIP OR JOINT VENTURE No proposal shall be accepted which has not been signed and notarized in ink in the appropriate space below. If FIRM is a PARTNERSHIP Venturers must sign here: or JOINT VENTURE, at least two (2) Partners or each of the Joint

Partnership or Joint Venture Name

By: By: By: By:
State of

County of

Subscribed and sworn before me this

day of

20__

Notary:

_

My Commission Expires:

(NOTARY SEAL)

RFP 11-087 Managing Augusta Parking Facilities Page 23 of 57

ATTACHMENT A SIGNATURE SHEET - CORPORATION No proposal shall be accepted which has not been signed and notarized in ink in the appropriate space below. If FIRM is a CORPORATION, the duly authorized officer(s) must sign here.

By:
Title:

By:
Title:

By:
Title:

By:
Title:

By:
Title:

By:
Title:

Oated: (Affix corporate seal if applicable)

_

State of

County of

Subscribed and sworn before me this Notary

day of _

, 20_.

My Commission Expires (NOTARY SEAL)

RFP 11-087 Managing Augusta Parking Facilities Page 24 of 57

ATTACHMENT 8-1 FINANCIAL INFORMATION 1. Fidelity Information Have you or any entities in which you have had an ownership interest, ever had a fidelity bond canceled or forfeited? Yes ( ) No ( ) company, date, amount of bond and reason for such

If yes, state name of bonding cancellation or forfeiture.

2.

Bankruptcy Information Have you or any entities in which you or they have had ownership declared bankrupt? Yes ( ) No ( ). interest, ever been

If yes, attach statement setting forth date, court jurisdiction, amount of liabilities and amount of assets, type (e.g., Chapter 7,9, 11, etc.), and resolution or current status.

RFP 11-087 Managing Augusta Parking Facilities Page 25 of 57

ATTACHMENT B- 2 BUSINESS AND FINANCIAL REFERENCES I. Provide names, titles, address and phone numbers of at least five (5) persons/firms (banks and vendors) your company has done business with for at least the most recent three (3) years.
NAME ADDRESS TITLE PHONE

2.

Include a listing of the names of at least five (5) Municipalities your company has done business with for at least the most recent three (3) years. Thls listing should be of locations of similar size (gross revenues); FIRM should have been in an operation with a Management Agreement; and should include whether the Company also had a marketing plan in effect. Please provide the names, titles and telephone numbers of the Municipal official as a person of reference.
LOCATION CONTACT NAME TITLE PHONE

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ATTACHMENT C FINANCIAL STATEMENTS FIRM must attach/insert required financial statements here.

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ATTACHMENT D-1 PROVISIONS AND DECLARATIONS
ANTI·LOBBYING PROVISION All FIRMS, including FIRMS' agents, employees, representatives lobbyists, attorneys and proposed partner (2), subcontractor(s) or joint venture(s), will refrain under penalty of the FIRM's disqualification, from direct or indirect contact for the purpose of influencing the selection or creating a bias in the selection process, with any person(s) who may participate in the selection process, including the Evaluation Panel, the Commission, Mayor, Administrator or Procurement Director and staff, the Engineers, and/or any official representative of the City of Augusta or Richmond County. This policy is intended to assure that the evaluations for the selection of a FIRM is completed objectively as well as assure the integrity of the proposal process. If a FIRM has a procedural question with regard to this Anti-Loobyinq Policy, the question shall be directed to the Procurement Director who is responsible for managing the selection process. By signing at the bottom of this section, the FIRM hereby acknowledges understood and that the FIRM will abide by these terms. that the foregone policy is

NON·COLLUSION CERTIFICATION By signature at the bottom of this sheet and submission of this proposal, each FIRM and each person signing on behalf of any FIRM certifies, and in the case of a joint proposal, each party thereto certifies as to its own organization, under penalty of perjury, that to the best of his or her 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 FI RM or with any competitor; Unless otherwise required by law, the prices which have been quoted in this proposal have not been knowingly disclosed by the FIRM and will not knowingly be disclosed by the FIRM prior to the opening, directly or indirectly, to any other FIRM or to any competitor, and; No attempt has been made or will be made by the FIRM to induce any other person, partnership or corporation to submit or not to submit a proposal for the purpose of restricting competition.

B.

C.

FIRM's Declaration By signature at the bottom of this sheet, the FIRM hereby agrees and warrants: A. That FIRM has carefully read and fully understands the information that was provided by the Commission to serve as the basis for submission of this proposal to operate, manage and market the parking facilities as described in this RFP. B. That FIRM has the capability to successfully undertake and complete the responsibilities and obligations of the proposal being submitted, including but not limited to, compliance with the audit requirements and ability to make all payments when due. C. That all information contained in the proposal is true and correct to the best of FIRM's knowledge. D. That no officer or employee of the Commission shall have a financial interest, direct or indirect, in any contract with the FIRM, or shall be financially interested, directly or indirectly, in the sale to the Commission of any materials, supplies or service except on behalf of that Commission or officer or employee. E. That the Commission has the right to reject any and all proposals and/or to accept the best qualified proposals which decision shall be, at the sole discretion of the Commission, and in the best interest of the Commission. F. That by submission of this proposal, the FIRM acknowledges that the Commission has the right to make any inquiry it deems appropriate to substantiate or supplement information supplied by FIRM and FIRM hereby grants the Commission permission to make said inquiries. FIRM Authorized Signature _ Date: _

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ATTACHMENT E ANNUAL BUDGET
The following suggested budget format should be based upon annual costs for the first year of operations. All factors in the RFP and Parkinq Manaqement Aqreement that impact t h e Budqet s h auld be considered. DIRECT PERSONNEL COSTS # of Emplovees Salary or Unit Cost ANNUAL COST Position Manager Assistant Manaqer Supervisors Clerical Cashiers Maintenance Overtime Training Sickness! Acci dent Vacation Other TOTAL DIRECT PERSONNEL COST OTHER PERSONNEL COSTS

Item
Overtime

ANNUAL COST

Training Sick/Accident/Vacation FICNMedicare Health Insurance Worker's Compensation State Unemployment Federal Unemployment 5i ckness! Accident Vacation Other TOTAL OTHER PERSONNEL COST OTHER COSTS Item Telephone! FAX IData(Locally originated Bus.) Training Uniforms/Laundry/Badges/Name Supplies & Small Tools Ticket/Card Expense Office Supplies Equipment maintenance and Supplies (Revenue Control) Manager's Vehicle Allowance Postage Advertising Annual Audit Business License Depreciation Liability Insurance Management Fee SUBMIT 6 COPIES OF YOUR MANAGEMENT FEE PROPOSAL IN PARKING LAB LED "AUGUSTA ENVELOPE SEALED SEPARATE A MANANGEMENT FEE" TOTAL OTHER EXPENSES Plates ANNUAL COST

XXXXXXXXXXXXXXXXX

Total All Expenses

RFP 11-087 Managing Augusta Parking Facilities Page 29 of 57

ATTACHMENT F
STATE OF GEORGIA PARKING MANAGEMENT AGREEMENT PUBLIC PARKING FACILITIES AUGUSTA GEORGIA COUNTY OF RICHMOND
THIS parking MANAGEMENT 20__ ___
r

AGREEMENT,

made and entered into this

day of and

_ _ , registered

by and between the CITY OF AUGUSTA, hereinafter referred to as "AUGUSTA", , a corporation organized and existing under the laws of the State of

in the State of Georgia, with office located at OPERATOR. WITNESSETH: WHEREAS, AUGUSTA is the owner of the Marriott and Convention Center

hereinafter

referred to as

Parking

Facility and the

Reynolds Street Parking Deck (hereinafter "Facility"), located in the County of Richmond, State of Georgia, and wishes to offer attended parking services at the Marriott Riverfront Center parking deck and surface parking and the Reynolds Street Parking Deck ("parking facilities"); and WHEREAS, AUGUSTA deems it advantageous to the public to retain the services of a company specializing

in the management, operation and marketing of public parking facilities; and WHEREAS, AUGUSTA has solicited responses to a Request for Proposal to manage, operate and market

its public parking facilities; and WHEREAS, AUGUSTA has determined that the OPERATOR's response to AUGUSTA's Request for

Proposals to manage, operate and market the public parking facilities was the proposal most advantageous to AUGUSTA and to the public interest; and WHEREAS, the OPERATOR has experience in providing parking services and has an experienced parking

management team, and has well trained employees available to operate the parking facility; and WHEREAS, AUGUSTA and OPERATOR desire to enter into an Agreement based on the OPERATOR's

response to AUGUSTA's WHEREAS, AUGUSTA

Request for Proposals; and and the OPERATOR have agreed to the terms and conditions for operation of the

parking facilities as herein provided NOW, THEREFORE, in consideration of the mutual covenants and conditions contained herein, the parties

do hereby agree as follows: NOW, THEREFORE, for and in consideration of the mutual covenants and promises herein contained and agree as follows:

other valuable considerations,

and the AUGUSTA and the OPERATOR

RFP 11-087 Managing Augusta Parking Facilities Page 30 of 57

ARTICLE 1 PREMISES
AUGUSTA hereby grants to OPERATOR and OPERATOR hereby accepts the exclusive right and obligation of administering, as the "Premises." managing and operating the parking operations with respect to the Parking Facilities located at the Marriott Augusta Convention Center and Reynolds Street Parking Deck hereinafter referred to

ARTICLE 2 TERM
1. TERM: The initial term of this Agreement shall be from and including 2. 2014. at the sole discretion of AUGUSTA and If _ 2011, through

AUGUST A reserves the right to renew this Agreement, under terms to be determined by AUGUSTA,

for two (2) additional two (2) year renewal terms.

AUGUSTA chooses to exercise its right to renew this Agreement, the OPERATOR of the terms to which AUGUSTA shall notify the OPERATOR have the choice as to whether to accept AUGUSTA's and shall so notify AUGUSTA least one hundred twenty (120) days before the expiration of this Agreement.

shall be notified

of its intention to exercise this right, at The OPERATOR shall to expire,

proposal, or allow the Agreement

in writing within thirty (30) days of receipt of AUGUSTA's proposal. to exercise such option to Not less than thirty to accept such proposal from AUGUSTA.

Nothing in this paragraph shall be construed as to require AUGUSTA renew or to require the OPERATOR

(30) days prior to the termination date, the parties will confer to determine if this Agreement is to be extended and make any supplemental extended by mutual agreement agreement shall expire agreement for modification for that purpose, and if not so in writing signed by both parties, said , 2014 at midnight. of the parties evidenced

ARTICLE 3 GROSS RECEIPTS
1. The OPERATOR shall collect and hold in trust for and on behalf of AUGUSTA all Gross Receipts due from parking customers. "Gross Receipts due" as used herein shall be defined as all sums

collected by the OPERATOR from the rental of space for the parking and storage of motor vehicles whether on an hourly, daily, weekly, or monthly basis, less all refunds, credit card fee discounts, and other discounts as authorized by the OPERATOR or discounts overcharges, by AUGUSTA; sales tax, use tax, excise tax, occupancy tax, gross Said taxes shall be held All taxes, discounts and refunds receipts tax, or other taxes assessed upon or attributable to said receipts. and paid directly to the taxing entity involved. shall be accounted for and included in the OPERATOR's Receipts due AUGUSTA

monthly revenue statement including fees for any and all cashier shortages, checks, uncollectable or

paid to a third party derived from usage of credit cards to pay parking fees Gross shall include and reflect adjustments and uncollected parking fees. undercharges, Dishonored

uncollected fees and credit card charges and other bad debts shall not be included in gross receipts provided such transactions approved by the AUGUSTA. 2. The OPERATOR shall deposit all Gross Receipts into an account as desiqnated by AUGUSTA and in the name of AUGUSTA, prior to the end of the next banking day after collection. A penalty for Failure to per failure to deposit said Gross Receipts by the end of the next banking day following collection shall be assessed equaling ten percent (10%) of the total amount of that day's Gross Receipts. month shall be cause for immediate termination of this agreement. deposit the Gross Receipts within the required time period in excess of two (2) occurrences were processed in accordance with procedures previously accepted and

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3.

The OPERATOR shall submit to AUGUSTA a monthly statement accounting for all "Gross Receipts" due by the twentieth (20th) day of the month following the month of operation. statement shall be in a format approved by the Assistant Director. The monthly revenue Failure to submit this statement to 2 months operating to operate the facility

on or before the indicated date may be cause for immediate cancellation of this agreement. 4. The OPERATOR shall be granted an operating fund advance equivalent that may be continuing expenses, to be credited against the first two months of operation. to the initial term of this agreement. OPERATOR's under a new contract will not be granted an advance. This advance is applicable solely

ARTICLE 4 OPERATING EXPENSES
I. AUGUSTA shall reimburse the OPERATOR for all approved operating expenses incurred in the management, operation and marketing of the Premises. "Operating Expenses" as used herein shall

include all expenses relating to the management, all salaries and wages, workmen's compensation taxes, uniforms, supplies, tools, cleaning, equipment, certified annual audit, tickets,

operation and marketing of the Premises, including insurance as provided by state law, related payroll repair costs to revenue expense, control/office hospitalization

maintenance,

postage, office and marketing

insurance, and other expenses as authorized advance by AUGUSTA. 2. Specifically, bookkeeping, bid/proposal, OPERATOR's

and included within an operating

budget approved in

Operating Expenses shall not include costs of business licenses, permits, headquarters administrative, performance Management or accounting and fidelity fees, liability insurance as described in Article 18, bonds which shall be paid by the OPERATOR debt retirement, or any other expenditure from the that is not

Fee as defined in Article 5. Operating Expenses shall also not include approved annual budget as included and defined herein, and not

taxes on the Operator's

personal property,

included in the OPERATOR's 3.

approved by AUGUSTA in writing. The Operator shall invoice AUGUSTA, by the twentieth (20th) day of the month following the month of operation, reimburse undocumented for its Operating OPERATOR Expenses incurred in a single monthly period. and approved budgeted AUGUSTA less shall any the for all authorized expenses,

expenses, within thirty (30) days following receipt by AUGUSTA of such invoice. The receipts for all expenditures shall be included with the monthly invoice.

monthly Operator's Management Fee shall be included in the monthly invoice. Except for payroll and payroll related expenses, Payroll and payroll related expenses shall be submitted in accordance with the policies agreed to between AUGUSTA and the OPERATOR. 4. The monthly invoice shall be in a format approved by the invoice. Assistant Director. Any disputed invoices or charges shall be deducted by AUGUSTA from the OPERATOR's AUGUSTA shall provide the OPERATOR, invoice, reasons for the deduction. a written explanation OPERATOR. The OPERATOR,

in writing prior to the time of payment of the monthly within thirty (30) days, has the right to present supplied by the

of the disputed invoices or charges to AUGUSTA. AUGUSTA shall determine is considered, the amount shall be added

the validity of the disputed invoices or charges based on additional documentation If approved, after additional documentation AUGUSTA's to the next invoice paid by AUGUSTA. invoices or charges is final.

decision in any matter pertaining to disputed

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ARTICLE 5 COM PENSATION
1. As compensation OPERATOR indicated for the OPERATOR's performance hereunder, AUGUSTA shall pay to the each month a Management Fee. Such fee shall be included in the monthly invoice as fee shall be one-twelfth (1/12) of the annual

in Article 4.

The monthly management

management fee for each year or succeeding year as defined in Article 2. The annual management fee for the Initial Term shall be $ _ 2. Additionally, as an incentive for OPERATOR to maximize and increase the total revenue generated from the Premises, AUGUSTA agrees to pay operator a percentage of all "net revenues" generated in excess of $150,000 dollars as herein provided: a. b. c. If net revenues equal $150,001 to $250,000 dollars, AUGUSTA If net revenues equal $250,001 to $450,000 dollars, AUGUSTA If net revenues are greater than or equal to $450,001 shall mean the total amount shall receive 75% shall receive 65% shall by and OPERATOR 25% of all such revenues over the stated threshold; and OPERATOR 35% of all such revenues over the stated threshold; dollars, AUGUSTA generated receive 55% and OPERATOR 45% of all such revenues over the stated threshold. Under this Article, "net revenues" of all revenues OPERATOR, for AUGUSTA, minus maintenance fees, and all operating expenses.

ARTICLE 6 ANNUAL BUDGET
1. The OPERATOR Agreement, year. AUGUSTA 2. Upon approval considered shall submit to AUGUSTA, shall notify the OPERATOR by AUGUSTA, all Operating ninety (90) days prior to each anniversary date of this Expenses to be incurred during the of any changes to the budget or budget approval, on Expenses included in the annual budget shall be Changes to the annual unless prior an annual and monthly budget, for all Operating

or before the anniversary date of this Agreement. authorized and reimbursable, as incurred, to the OPERATOR.

budget shall be approved in writing by AUGUSTA. pre-approved

Any expense incurred by the Operator above the

budget in any single month period shall not be reimbursed by AUGUSTA

written approval is received from the Assistant Director.

ARTICLE 7 OPERATIONAL
1. An Operational commencement a. b. c. d. e. f. g. h. i. j. k.

PROCEDURES

AND POLICY MANUAL

Procedures and Policy Manual (hereinafter "Manual"), reflecting the operation of the date of this Agreement. The Manual shall include, at a minimum, the following: policies

facility as proposed by the Operator shall be submitted to the AUGUSTA within thirty (30) days of the General operating and management Customer service policies Example of monthly invoice to AUGUSTA Cash control, audit and ticket exceptions including validation procedures Lost Ticket and Missing Ticket procedures Employee job descriptions Employee training guide Employee schedules Emergency procedures and phone numbers Manager's office and home phone number Company personnel policies Check and credit card approval procedures Daily clean-up of premises of the facility or the information contained in the The Operator is responsible for the maintenance of the Manual to assure that all
RFP 11-087 Managing Augusta Parking Facilities Page 33 of 57

I.
m. 2. Manual changes.

The Manual shall be modified as the operation

data is current.

The Manual shall be reviewed and revised annually within 30 days following the date of this Agreement. It shall be the Operator's responsibility to submit the

annual commencement

revised manual for review and approval by AUGUSTA.

ARTICLE 8 RECORDS AND REPORTS
1. The Operator shall keep and maintain true and accurate records of gross receipts and operating expenses in accordance with generally accepted accounting daily to the Assistant Director or designated representative day(s)'s receipts. a) b) principles. The Operator shall submit a validated deposit slip for the previous

The Operator shall submit monthly to AUGUSTA, the following: An activity report reconciling total Gross Receipts to the daily deposits. Daily report of Gross and Policy Manual. Receipts, overnight vehicle count, ticket validations and exceptions, and ticket reconciliation in accordance with the Operations Procedures and certifications, to be reconciled

c)

Monthly activity and Gross Receipts summaries to daily reports.

In addition, the Operator shall have available to AUGUSTA,

upon forty-eight

(48) hours notice and number from which

within normal business hours, the following: a. Records of all tickets purchased and used including dispenser used and date used. b. All used parking tickets, lost ticket forms and validations period. c. d. 2. 3. 4. At the end of this period, all of these records AUGUSTA.

for a twelve (12) month shall be turned over to

All shift reports for a twelve (12) month period. At the end of this period, copies of all of these records shall be turned over to AUGUSTA. Any and all other accounting records maintained locally which pertain to the receipt of parking revenues and operating expenses.

The Operator shall make all records available upon forty-eight (48) hours notice, no matter where retained, during normal business hours. The Operator shall not destroy any records pertaining to the operation of the Premises without the express written perrnisslon of AUGUSTA. At the expiration or termination books and records of this Agreement, the Operator shall turn over to AUGUSTA all the expenses, including supporting documents, of gross receipts and operating

maintained throughout the term of this Agreement. 5. All source records of Gross Receipts, which shall include but not be limited to: Parking Tickets, Cash Register generated Tapes, Shift Reports, Master Reports, Daily Revenue Reports, whether computer These or manually generated, by AUGUSTA, shall be kept at all times within the City of AUGUSTA. to AUGUSTA

records shall be maintained and accepted disposition.

by the Operator until the annual report required above is delivered to at which time they shall be delivered for further All data hard

AUGUSTA shall provide and maintain such storage facilities as necessary to facilitate access to such facilities. by the Operator who shall assure that adequate basis; data backups

the storage of the above records and shall provide reasonable bases for such purpose will be maintained copies and data backups are done on a routine

should be stored on an

approved media for such storage for a period of time requested by AUGUSTA.

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ARTICLE 9 AUDIT
Within 90 days following the end of each fiscal year, Operator shall provide an unqualified statement certified by an Independent Certified Public Accountant in accordance with generally accepted accounting (GMP) certifying that Gross Receipts due AUGUSTA and Operating Expenses reported as defined within this agreement. principles are true and accurately

The cost of the audit will be considered an operating expense.

AUGUSTA reserves the right to audit all books and records of the Operator at any time upon forty-eight (48) hours advance notice to the Operator. If the audit results reflect a shortage of funds over three percent (3%) per annum, the Operator shall bear the full cost of the audit and reimburse AUGUSTA for any shortage.

ARTICLE 10 OBLIGATIONS OF AUGUSTA
1. AUGUSTA thereof. 2. lighting. AUGUSTA invoice. AUGUSTA shall operate and maintain the lighting system within the Premises and pay all costs Light bulbs shall be considered an operating expense, with the exception of the high mast shall pay the Operator's invoiced amount, less any unauthorized or undocumented of the facility,

charges, including 3. 4. 5. shall

monthly management be responsible

fee, within thirty (30) days receipt by AUGUSTA maintenance or repair of the parking

for any major

landscaping, entrance/exit roadways, and areas outside of the Premises. AUGUSTA shall be responsible for selection, placement, and erection of all signage. AUGUSTA shall provide the parking revenue control equipment. AUGUSTA shall review the need for additional equipment which may be requested from time to time by the Operator in order to meet the demands of new technologies revised operating procedures. the sole discretion of AUGUSTA. the Operating or in order to provide more effective an efficient service due to Any such equipment approved for purchase by the Operator shall by AUGUSTA. The expense for the purchase of additional Approval for the purchase of such requested equipment shall be at

be purchased according to established AUGUSTA purchasing procedures and shall be included in Budget as approved equipment shall be reimbursed to the Operator during the remaining term of the fiscal year of this Agreement amortized at 1/2 of 1 % above the official prime rate as stated in the Wall Street Journal as of the date the equipment is invoiced. All such equipment shall be owned by AUGUST A and of this Agreement, except in the Operator shall make no claim to the equipment upon termination unamortized cost, less any credit due AUGUSTA.

event of an early termination of this Agreement, in which event AUGUSTA shall pay Operator for any

ARTICLE 11 OBLIGATIONS OF THE OPERATOR
1. 2. The Operator shall invoice AUGUSTA on or before the twentieth (20th) day of each month for the preceding month's operating expenses including the monthly management fee. The Operator shall submit a missing ticket report with each monthly invoice. The Operator shall also submit a ticket validation report with each monthly invoice, which includes the dollar value of each 3. validation. The Operator shall submit a monthly maintenance log to AUGUSTA. due on the twentieth 4. (20th) day of the month immediately maintenance log was maintained. The Operator shall submit to AUGUSTA, Such maintenance log shall be the month for which such

following

monthly no later than twentieth (20th) day of the month and certified correct by an officer of the

following the month of operation, a statement, witnessed

company, accounting for all Gross Receipts due from the Premises during the previous month.

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5. 6.

The Operator shall continuously

operate the Premises initially from 7:00 am to 11:00 pm, seven (7) in parking administration established who will devote The

days per week or as may be mutually agreed upon by both parties. The Operator shall employ a General Manager experienced his/her full time to the performance of Operator's responsibilities in this Agreement

General Manager will meet regularly with AUGUSTA to keep AUGUST A fully informed concerning operations whose responsibility include to manage, operate and market the Public Parking Facilities. The General Manager shall hire, train, supervise and terminate, as necessary, personnel to operate cashier booths and perform the required duties; provide supervisory personnel necessary to ensure efficient operation of the facilities; and equip staff and maintain a business office. AUGUSTA reserves the right to approve selection Manager is not on duty. 7. The Operator shall provide ten (10) days advance written notice to AUGUSTA General Managers or Assistant Managers number. 8. The Operator shall provide sufficient timely manner. g. personnel at all times to accommodate departing cars in a It is the goal of AUGUSTA that no car shall wait in line over five (5) minutes before of any change in its and shall include any change of address or telephone of the Operator's General Manager. The Operator shall additionally employ an Assistant Manager who shall be on duty on alternate days when the General

exit. AUGUSTA reserves the right to require the Operator to provide additional staff as required. Operator shall employ personnel to enter and update all computer database functions including but not limited to vehicles, inventory, ingress and egress of vehicles, toll plaza, toll plaza revenues, time functions, and ticket inventories. 10. The Operator shall anticipate peak traffic periods and staff the Prem ises appropriately. anticipated 11. that exceeds authorized budget, the Operator shall, in advance, increase from AUGUSTA. With the exception of the General Manager, the Operator shall provide new uniforms for employees as necessary to assure that employees are dressed in neat, clean, identifiable uniforms at all times. Uniforms shall be consistent in appearance, the approval of AUGUSTA. Contractor within 30 days of the execution wear a photo identification for the Operator. 12. style and color for all parking employees and subject to Agreement. The cost of new uniforms is a shall submit a uniform proposal to the Assistant Director Operator's employees, while on duty, must If staffing is request a budget

of the Management

reimbursable expense that will be paid by the Operator.

badge, which shall be returned to Operator when employees cease work

The names of on-duty cashiers shall be placed on the exterior of the booths to be

readily visible by drivers of exiting vehicles. The Operator shall remove from service any employee who is discourteous to any customer or who does not present the professional shall immediately remove image AUGUSTA expects of its own employees. AUGUSTA requests The Operator No any employee for any reason whatsoever.

employee of the Operator shall use improper language, act in a loud, or boisterous manner, or in any manner act in an improper, inappropriate approved operating procedures. 13. The Operator shall employ experienced with appropriate 14. operational and knowledgeable service personnel and provide all employees Operator shall take necessary and customer training. or offensive way. Each parking ticket issued to Operator's employees shall be appropriately validated and stapled to employee's shift report in accordance with

emergency action to protect the Premises, revenue and safety of the public. The Operator shall be responsible for maintenance of the interiors of the tollbooths, revenue control office, and any other structures that may be provided hereafter. for keeping the Premises, a neat and dean condition including The Operator shall be responsible and exit areas, exit tollbooths, for operation of the all parking areas, entrance

revenue control office, rest room and landscaped areas in or immediately adjacent to the Premises in at all times. The Operator shall be responsible Premises in accordance with the Operations Manual. The Operator shall conduct daily inspections

(daytime and nighttime) of the Premises.

Written reports of inspections shall be submitted to the
RFP 11-087 Managing Augusta Parking Facilities Page 36 of 57

Assistant Director in the format to be agreed upon by AUGUSTA and Operator and shall indicate the condition of lighting, general appearance, potential safety hazards, fire equipment, graffiti, cleanliness and any other items which may be requested by AUGUSTA. 15. The Operator shall keep the premises The Operator shall notify All trash shall be The Operator vehicles and

AUGUSTA of any areas requiring maintenance and/or repair upon discovery of such items. at all times free of trash and debris. removed and stored by the Operator in approved receptacles provided by AUGUSTA. and trash from the parking Premises including along curbs and between depositing same in a receptacle provided by AUGUSTA. 16. 17. management of the Premises. The Operator shall maintain all of the revenue control equipment. the approval 18. of AUGUSTA prior to their execution reimbursable under the Operator's approved annual budget. The Operator shall provide all office furniture, safes, if necessary, equipment and supplies for the exit booths in a manner consistent with the intent of this Agreement, AUGUSTA by inclusion in the Annual Budget. subject to the prior approval of AUGUSTA. 19. The Operator shall have no power to do any act or make any contract which may create any lien, mortgage or other encumbrance, upon an interest of AUGUSTA in the Premises, or the improvements 20. 21. Operator located thereon. parking transactions. regarding appropriate parking rates, signage, internal traffic needs and professional advice to AUGUSTA Operator shall provide a cash bank sufficient to accommodate shall provide service enhanced revenue control systems/equipment, flow, customer operating 22. enhancements, procedures such costs to be reimbursed by The purchase of all furniture and equipment shall be Maintenance contracts shall have Such costs shall be by the Operator. parked

shall be responsible for periodic sweeping of only the parking Premises, the daily removal of debris

The Operator shall provide ticket stock and all other supplies in order to ensure effective control and

parking facility requirements,

holiday and peak period public information

which will improve the level of service efficiency with AUGUSTA the removal of abandoned

and profit of the parking vehicles from the parking vehicles for

Premises. Operator shall coordinate

facilities and relocation of vehicles that are inappropriately other operational needs as directed by AUGUSTA. 23.

parked or remove/relocate

The Operator shall provide AUGUSTA with copies of any and all written complaints received and the Operator's response thereto within five days.

ARTICLE 12 PARKING RATES
Existing parking rates shall remain in effect until authorized and changed only upon approval of AUGUST A.

ARTICLE 13 TRANSITION
The Operator operation considered shall cooperate with AUGUSTA in achieving an effective and efficient transition of the of the Premises at the termination of this Agreement. Failure to comply with this paragraph is

damaging to AUGUSTA and shall be sufficient cause for AUGUSTA to demand payment of the bond, and the language shall specifically be included in the bond to provide for this

Operator's performance

condition of the Agreement.

ARTICLE 14 FACILITY USAGE REPORTS
The Operator agrees to furnish AUGUSTA, AUGUSTA. upon request, facility utilization data in a format approved by

RFP 11-087 Managing Augusta Parking Facilities Page 37 ofS7

ARTICLE 15 PERFORMANCE
1. Upon execution of this Agreement, bond in the principal acceptable to AUGUSTA,

AND FIDELITY BOND
with a valid performance issued by a company and payable to Said bond thousand dollars ($75,000)

the Operator shall furnish AUGUSTA to do business

sum of seventy-five authorized

in the State of Georgia,

AUGUSTA in case this Agreement is canceled for cause or upon default by the Operator. shall be kept in full force by the Operator during the term of this Agreement thereof. The bond shall be conditioned to ensure faithful and full performance by the Operator. Evidence of the maintenance Agreement 2.

and any extension bond shall be

of all the terms of this

of this performance

submitted annually, on the anniversary of this Agreement, to AUGUSTA. The Operator agrees to obtain and maintain during the term of this Agreement amount Assistant Gross 3. not less than $25,000 Manager, Supervisors The fidelity Receipts. guaranteeing the faithful performance and employees handling or responsible a fidelity bond in an Manager, to of the General on a surety

for the handling of daily acceptable

bond shall be in a form and drawn

AUGUSTA. Operator shall report to AUGUST A within 24 hours after Operator becomes aware of any possible theft by employee(s) or any allegation of employee dishonesty.

ARTICLE 16 INSURANCE AND INDEMNIFICATION
1. Operator shall provide and maintain, at its own expense which is not reimbursable, types and amounts of insurance, during the term of this contract: !mg Comprehensive a. b. c. d. General (Public) Liability - to include (but not limited to) the following: Prem ises/operations Independent contractor Personal injury liability Contractual liability (insuring Indemnity provision within this contract) Combined the following

Single Limit for Bodily Injury and Property Damage: $1,000,000

The above $1,000,000 public liability and property damage shall be primary coverage. Any expense for deductible loss sustained by the Operator where such insurance policy includes a deductible limit approved by AUGUSTA is reimbursable. The procuring of such policy of insurance shall not be construed to be a limitation upon Operator's liability or as a full performance obligations on its part of the indemnification provisions of the Contract. Operator's to AUGUST A are, notwithstanding said policy of insurance, for the full and

total amount of any damage, injury or loss as provided under the terms of the contract. Prior to the contract effective date, Operator shall furnish to AUGUSTA certificates or copies of the policies, plainly and clearly evidencing required insurance and thereafter new certificates prior to the expiration date of any prior certificate. information Operator understands that it is its sole responsibility to provide this necessary and that failure to comply timely with the requirements of this

article shall be a cause for termination of this contract, under the provisions of the termination clause. Insurance required herein shall be issued by a company or companies of sound and adequate All policies shall be

financial responsibility subject to examination

and authorized to do business in the State of Georgia.

and approval by AUGUSTA for their adequacy as to form, content, form of

protection, and providing company.

RFP 11-087 Managing Augusta Parking Facilities Page 38 of 57

Insurance required by this contract for AUGUSTA, policy.

as additional insured shall be primary insurance under any third party liability

and not contributing with any other insurance available to AUGUSTA,

Operator further agrees that with respect to the above-required 1. 2. Be named as additional insured/or provided with a waiver of subrogation. Be provided with 30 days advance change. Operator,

insurance, AUGUSTA shall:

an insured, as its interest may appear or be notice, in writing, of cancellation or material

If either requirement #1 or #2 require the payment of additional premium by

Operator may present such information to AUGUSTA for its reconsideration. responsible for any of Operator's insurance costs. 2. AUGUSTA and agreed independent 3. shall stand indemnified by and between contractor responsible by the Operator as provided herein. to all persons for its respective

AUGUSTA will not be

It is expressly understood to be an and acts or omissions,

the parties that the Operator

is and shall be deemed

AUGUSTA shall in no way be responsible therefore. The Operator agrees to indemnify, defend, save and hold harmless AUGUSTA, demands its officers, directors, agents, and employees from any and all claims, liabilities, damages, losses, suits, fines, penalties, and expenses, including costs of suit and attorney fees, which any or all of theirs may as a result of bodily injury (including death) to any employees, or contractors in connection with the hereafter incur, be responsible for, or payout the Operator, its agents, guests, invitees,

person or damage to any property or person, arising out of the Premises or any acts or omissions of Operator's use of the Premises or its operations at the Premises, except to the extent caused by the sole negligence or willful misconduct of AUGUSTA or its officers, directors, agents or employees. 4. Upon the filing with AUGUSTA of a claim for damages arisinq out of incidents for which Operator herein agrees to indemnify, defend, save and hold harmless AUGUSTA, AUGUSTA shall notify the Operator of such claim. Any final judgment rendered against AUGUSTA for any cause for which the Operator is liable hereunder shall be conclusive against the Operator as to liability and amount, provided AUGUSTA has notified the Operator of such claim as provided above.

ARTICLE 17 LOSS CONTROL AND SAFETY
The Operator shall retain control over its employees, agents, servants and subcontractors, as well as control over its invitees, patrons and activities on and about the managed Premises and the manner in which such activities shall be undertaken and to that end, the Operator shall not be deemed to be an agent of AUGUSTA. Precaution shall be exercised at all times by the Operator for the protection of all persons, including employees, and property. prompt action where responsible for ensuring The Operator shall make special effort to detect hazards and shall take measures should reasonably be expected. Operator shall be agents, servants and subcontractors comply with all safetyloss control/safety

that its employees,

related AUGUSTA ordinances rules and procedures governing the Premises.

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ARTICLE 18 TERMINATION
1. 2. This Agreement shall expire at the end of the full term hereof, and the Operator shall have no further right or interest in the Premises. AUGUSTA may terminate this agreement by the Operator AUGUSTA upon ninety (90) days written notice to the Operator for that all services to the date of shall cease upon the date such notice rendered any reason whatsoever at the sole discretion of AUGUSTA with the understanding being performed becomes 3. under this agreement shall upon invoice. effective. pay for all service

termination as provided for herein. AUGUSTA shall have the right to terminate this Agreement for a violation of the terms hereof, at any time after thirty (30) days notice has been given to the Operator and unless corrective action has been taken or commenced within said thirty (30) day period and thereafter diligently completed. 4. AUGUSTA following: a. b. shall have the right to terminate this Agreement immediately upon or after any of the

Assignment for Creditors: The Operator makes a general assignment for the benefit of creditors. Bankruptcy: The Operator files a petition for relief as a debtor under any section or chapter of the Federal Bankruptcy an answer proposing debtor in a bankruptcy Code. as amended from time to time, or under as a any similar law or statute of the United States or the State of Georgia; or a petition or the entry of any order for relief against the Operator or reorganization proceeding under any present or future all

bankruptcy or similar law is filed in any Court. c. Receivership: A receiver, trustee, or custodian is appointed for all or substantially of the assets of the Operator in any proceeding brought by d. 5. AUGUSTA may terminate this agreement discontinues service within the Premises. If this Agreement is terminated, AUGUSTA shall have the right to repossess the Premises in accordance with applicable law without prejudice to any other remedies available to AUGUSTA for 6. such default, absent such reentry. The Operator may terminate this Agreement upon thirty (30) days advance written notice, after any jurisdiction of an injunction in any way or any part thereof so as to
Of

against the Operator,

or the Operator consents to or acquiesces in such appointment. immediately if the Operator abandons and

of the following: a. The issuance by any court of competent preventing substantially or restraining

the use of the Premises

affect Operator's use of the Premises, and the remaining in force of

such injunction for a period of ninety (90) days or more, provided, however, that said court action is not due to any fault of Operator. b. The default by AUGUSTA performed by AUGUSTA, commence c. in the performance of any term herein required to be affects the Operator's ability to to cure or which term substantially

conduct its business under this Agreement, to cure and diligently

and failure by AUGUSTA

pursue such cure within thirty (30) days after ability to conduct its business at the or political subdivision thereof

receipt of notice of such default from the Operator. The substantial Federal restriction of the Operator's government or any Premises for a period of ninety (90) days or more because of the action of the or State agency substantially restricting the operation of the Premises by AUGUSTA.

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7.

Upon expiration of the term, or upon termination of this Agreement,

the Operator shall peacefully

surrender and vacate the Premises in as good condition as when the term of this Agreement commenced, excepting ordinary wear and tear. The Operator and AUGUSTA agree that all Improvements placed on the Premises shall be and remain AUGUSTA's property upon the expiration of the term or upon the termination of this Agreement. this Agreement. Personal property of the Operator

shall be removed at the Operator's expense, within ten (10) days of the expiration, or termination of If Operator fails to remove its personal property within said ten (10) day period, AUGUST A may remove the property and store it, all at the expense of the Operator.

ARTICLE 19 SUBORDINATION
This Agreement shall be subject and subordinate to all the terms and conditions of any instrument and documents under which AUGUSTA acquired the land or improvements conditions. thereon, of which said Premises are with such terms and

a part, and shall be given only such effect as will not conflict with nor be inconsistent

ARTICLE 20 SUSPENSION OF SERVICES
AUGUSTA may, by written notice, direct Operator to suspend performance for such period of time as may be determined convenience. by AUGUSTA on all or any part of the services or desirable for its to be necessary

If such suspension causes additional expense to Operator in performance, and not due to fault Any claim by Operator for a cost adjustment must be supported by appropriate

or negligence of Operator, the Agreement will be adjusted on the basis of actual costs resulting directly from the suspension. documentation asserted promptly after Operator has been notified to suspend performance. (24) hour period because Operator, for any reason, is unable to provide the personnel

In the event that all or any part of the parking facilities shall remain closed or their use substantially restricted for a twenty-four necessary to maintain normal operations, AUGUSTA shall have the right to take over the duties of Operator, using its own employees or others.

ARTICLE 21 ASSIGNMENT AND SUBCONTRACTING
1. The Operator agrees that it will not sell, convey, transfer, mortgage, subcontract, sublease or assign this Agreement or any part thereof, or any rights created thereby, without the prior written consent of AUGUSTA, it being the intention of AUGUSTA to grant this Agreement individually to the Operator. 2. Any assignment or transfer of this Agreement or any rights of the Operator hereunder, without the prior written consent of AUGUSTA is invalid, and shall convey to AUGUSTA the right to terminate this Agreement at its sole discretion.

ARTICLE 22 GENERAL PROVISIONS
1. 2. AUGUSTA reserves the right to further develop or improve the Premises as it sees fit. The Operator agrees to abide by all Federal, State and local laws, ordinances, rules and regulations which may be applicable to its operation under this Agreement and to abide by the ordinances, rules and regulations of AUGUSTA which may from time to time be formulated by AUGUSTA in regard to the management, 3. Cumulative operation or use of the Premises. Each of the rights and remedies provided by this Agreement shall be Remedies:

cumulative and shall not be exclusive of any other rights or remedies provided by this Agreement or allowed by law.

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4.

Waivers: Failure by AUGUSTA to insist upon the strict performance terms herein contained shall not constitute a waiver of AUGUSTA's such term, but the same shall continue in full force and effect.

by the Operator of any of the right to thereafter enforce any

The exercise of any right to terminate

arising under this Agreement shall not operate to deprive AUGUSTA of any co-existing right to seek damages or other remedies arising from the default of the Operator. 5. The acceptance of rents or fees or the continued performance under this Agreement 6. 7. shall not be deemed a waiver by AUGUSTA of its obligations under of any of Operator's obligations this right to terminate this Agreement after a default by the Operator in its performance Agreement for such default. The Operator shall not use, or permit the use of, the Premises or any part thereof, for any purpose or use other than those authorized by this Agreement. Choice of law and venue: This Agreement of Georgia. 8. 9. 10. 11. shall be performable and enforceable in the Superior and venue Court of Richmond County, Georgia, and shall be construed in accordance with the laws of the State Operator by execution of this Agreement specifically consents to jurisdiction is made for the sole and exclusive beneflt of AUGUSTA in the Superior Court of Richmond County and waives any right to contest same. This Agreement and the Operator, their successors and assigns, and is not made for the benefit of any third party. In the event of any ambiguity in any of the terms of this agreement, All covenants, stipulations and agreements in this Agreement it shall not be construed for or against any party hereto on the basis that such party did or did not author the same. shall extend to and bind each party only, and are hereof, or the hereto, its legal representatives, not intended 12. and shall successors and assigns. to affect in any manner the terms

of AUGUSTA's

The titles of the several articles of this Agreement are inserted herein for convenience not be construed interpretation or construction thereof.

Nothing herein contained shall create or be construed to create a co-partnership between AUGUSTA and Operator or to constitute the Operator an agent of AUGUSTA. AUGUSTA and Operator each expressly disclaim the existence of such a relationship between them. Invalid Provision: If any covenant, condition or provision contained invalid by any Court of competent provision agreement; jurisdiction, shall in no way affect any other covenants, conditions in this Agreement or provisions is held to be condition or in this

13.

the invalidity of any such covenant,

contained

provided, that the validity of such covenant, condition or provision does not materially

prejudice either AUGUSTA or Operator in its respective rights and obligations contained in the valid covenants, conditions or provisions of this agreement. 14. Interpretation of Agreement: Nothing in the Agreement shall be construed or interpreted in any manner whatsoever as limiting, relinquishing or waiving any right of ownership enjoyed by AUGUSTA in the Premises property, or in any manner waiving or limiting AUGUSTA's control over the management, 15. operation, or maintenance of the Premises property, except as specifically provided for in this Agreement, or in any manner impairing the right of AUGUSTA. Force Majeure. Neither AUGUSTA nor Operator shall be deemed to be in violation of this Agreement for reason of failure to perform any of its obligations hereunder, by reason of strikes, boycotts, labor disputes, embargoes, shortages of materials, acts of God, acts of the public enemy, flight restrictions, weather conditions, or circumstances 16. riots, rebellion, accidents, sabotage or any other events, conditions

for which it is not responsible and/or which are not within its control.

Conflict of Interest: The Operator agrees that, upon signing of this Agreement or within five (5) days after the acquisition of any interest herein described during the term of this Agreement, the Operator shall disclose in writing to AUGUST A whether any elected official of AUGUST A or Officer or employee of AUGUST A has or hereafter acquires any direct, indirect, legal or beneficial interest in the Operator or in any contract, lease or agreement between AUGUSTA and the Operator, or in any franchise, concession, the Operator.
RFP 11-087 Managing Augusta Parking Facilities Page 42 of 57

right or privilege of any nature herein or otherwise granted by AUGUSTA to

17.

Notices: Notices to the parties shall be deemed sufficient if in writing and mailed, postage prepaid, address to: AUGUSTA: Adm inistrator 530 Greene Street AUGUSTA, GA 30901 Operator:

ARTICLE 23 ENTIRE AGREEMENT 1.
2. This Agreement consists of Articles 1 to 24 inclusive. This Agreement represents the entire and integrated Agreement between AUGUSTA superseding all prior negotiations, representations or agreements, either written Agreement may be amended only by written instrument signed by both AUGUSTA and Operator or oral. This

and Operator.

IN WITNESS WHEREOF, the parties hereto have caused this instrument to be signed this day of AUGUSTA, GEORGIA

_

2011.
[OPERATOR1

BY:

__

BY:

AS ITS: MAYOR [SEAL]

AS ITS:

------------------------------_
[SEAL]

ARTICLE 24 SPECIAL CONDITIONS 1.
PERSONNEL: competent 2. 3. OPERATOR OPERATOR shall staff the operations of the parking are operated facilities with sufficient

personnel

to ensure that the parking facilities

in a safe and courteous

manner and shall ensure all said personnel are adequately trained and supervised. shall provide staffing for the facilities, including the manning of the three (3) exit booths. Throughout the term of this Agreement, AUGUSTA shall have the exclusive The rent schedule RENTS FOR SPACES:

right to set the rents for use of the parking spaces within the parking facilities. shall be applied in a uniform and non-discriminatory charging of a premium for reserved parking spaces. 4.

manner except nothing herein shall prohibit the

SPECIAL PARKING NEEDS. It is recognized by AUGUSTA that the hotel developer may, from time to time, require additional parking spaces on a short-term basis in connection with special events or functions to be held at the hotel or the conference parking facilities, as far in advance requirements, as possible provided that center. When such needs are identified, hotel and as the OPERATOR shall require or of the to will use its best efforts developer or the Conference Center Operator shall notify AUGUSTA and OPERATOR nothing herein accommodate OPERATOR such

authorize

to displace or remove from the parking areas rent-paying customers or others entitled

to use the parking facilities.

RFP 11-087 Managing Augusta Parking Facilities Page 43 of 57

5.

USE OF EXHIBITION AREA. Approximately

twenty thousand (20,000) square feet of space located Center hall in connection with meetings being space is as shown on

on the first or ground level of the parking deck shall be made available to the Conference Operator on an as needed basis for use as an exhibition conducted at the Conference Center or Hotel .. The location of such convertible

the Preliminary Parking Design Plans. The Conference Center Operator shall notify the OPERATOR as far in advance as possible of its need for such space and will use its best efforts to accommodate such requirements' arrangements provided that the Conference Center Operator assumes full responsibility equipment, for all in connection with the use of such portion of the parking deck as an exhibition area trash and debris from The Conference Center

and agrees to dismantle all exhibits and remove all furnishings, Operator shall pay 50% of the prevailing 6. HOURS OF OPERATION.

such area upon completion of any use of such area as an exhibition hall. parking, as compensation for the use as exhibit space. Except for temporary closing as permitted

daily rate for all spaces used, or rendered unusable for as aforesaid, the parking

facilities shall be kept open and lighted twenty-four (24) hours a day, seven (7) days a week, fifty-two 7. (52) weeks a year. PUBLIC RELATIONS. AUGUSTA and the OPERATOR and all employees recognize that the operations of all

AUGUSTA parking facilities must be accomplished public relations for the AUGUSTA, 8.. LAWFUL OPERATION. courteous to all those using said parking Garage.

in a satisfactory manner so as to engender good shall be properly dressed and friendly and

The parking facilities will be operated as a public parking garage available to The Augusta Riverfront Marriott Hotel will be permitted to AUGUSTA shall assume responsibility for all capital

members of the general public on a first come first serve basis on an hourly, daily, or monthly basis, except as provided in Paragraph 7 hereof. rent eighty (80) spaces on a monthly basis. 9. CAPITAL EXPENDITURES expenditures, damages 10. AND UTILITIES. such as parking control equipment (except as specified in 15D above), revenue control operate, maintain and safeguard such

equipment and the booths, as well as utility costs; provided however, thatshall be responsible for any to same due to neglect or failure to properly equipment. NO JOINT VENTURE OR PARTNERSHIP. to create the relationship

Nothing contained in this Agreement

shall be construed

between the parties hereto or the beneficiaries

hereof of principal and

agent, of partners, of joint ventures, or of any association with each other or, so as to render any of such parties liable for the debts or obligations of the other. 11. CONTRACT contract. Administrator. ADMINISTRATOR. The AUGUSTA will appoint a Contract Administrator for this OPERATOR will be informed in writing of any changes in the identity of the Contract

The initial Contract Administrator will be:

Rick Acree Public Services Department Facilities Management Division 501 Greene Street- Suite 301 Augusta, Georgia 12. 13. CUSTOMER INCIDENTS 30901 AND PROPERTY DAMAGE: OPERATOR shall immediately report any

patron incident, accident, injury or complaint or property damage to the Contract Administrator. AUGUSTA leases a single space at the Radisson Riverfront parking facility for use by selected Augusta officials. This space is not used on a daily basis. However, when used, Augusta will likely require more than one space. Average total use should be less than the typical monthly lease client. The monthly charge for this space is to be deducted from the net profits due to AUGUSTA at the end of each month. AUGUSTA will provide the OPERATOR a list of eligible individuals.

RFP 11-087 Managing Augusta Parking Facilities Page 44 of 57

Disadvantage Business Enterprise (DBE) Augusta-Richmond County, Georgia does not operate a DBE, MBE or WBE Program for Augusta funded projects, as a Federal Court has entered an Order enjoining the RaceBased portion of Augusta's DBE Program. Instead Augusta operates a Local Small Business Opportunity Program. However, for various projects utilizing the expenditure of State or Federal funds, Augusta enforces DBE requirements and/or DBE goals set by the Federal and/or State Agencies in accordance with State and Federal laws.

REV. 08/04/10

RFP 11-087 Managing Augusta Parking Facilities Page 45 of 57

USE THE ATTACHED FORMS AND ADHERE TO THE INSTRUCTIONS PLEASE DO NOT SUBSTITUTE FORMS:

ON EACH FORM

Attachment B: Statement of Non-Discrimination, Non-Collusion Affidavit of Prime Bidder/Offeror, Conflict of Interest and Contractor Affidavit and Agreement. Bidder's Form I Acknowledgement Note: of Addenda

THE ABOVE FORMS MUST BE COMPLETED AND SUBMITTED WITH YOUR SUBMITTAL

Georgia Security and Immigration Subcontractor Affidavit Non-Collusion Affidavit of Sub-Contractor Local Small Business (LSB) Good Faith Efforts Local Small Business (LSB) Subcontractor/Supplier Utilization Plan Note: The successful vendor will submit the above forms to the Procurement Department not later than five (5) days after receiving the "Letter of Recommendation" (vendor's letter will denote the date forms are to be received)

The Exception Sheet (if applicable) Local Vendor Preference (if applicable) Note: Use Only If Applicable

Local Small Business (LSB) monthly subcontractor/supplier request.

utilization

report will be submitted upon

Bidders are cautioned that sequestration of BID documents through any source other than the office of the Procurement Department is not advisable. Acquisition of BID documents from unauthorized sources placed the bidder at the risk of receiving incomplete or inaccurate information upon which to base his qualifications.

Rev. 3/10/2010

RFP 11-087 Managing Augusta Parking Facilities Page 46 of 57

Attachment B
Listed below is a consolidated listing of the Statement of Non-Discrimination, Non-Collusion Affidavit of Prime Bidder/Offeror, Conflict of Interest and Contractor Affidavit and Agreement.
Please complete, date, notarize and return pages 1-3 of Attachment B with your submittal.

Statement of Non-Discrimination The undersigned understands that it is the policy of Augusta-Richmond County to promote full and equal business opportunity for all persons doing business with Augusta-Richmond County. The undersigned covenants that we have not discriminated, on the basis of race, religion, gender, national origin or ethnicity, with regard to prime contracting, subcontracting or partnering opportunities. The undersigned covenants and agrees to make good faith efforts to ensure maximum practicable participation of local small businesses on the bid or contract awarded by AugustaRichmond County. The undersigned further covenants that we have completed truthfully and fully the required forms regarding good faith efforts and local small business subcontractor/supplier utilization. The undersigned further covenants and agrees not to engage in discriminatory conduct of any type against local small businesses, in conformity with Augusta-Richmond County's Local Small Business Opportunity Program. Set forth below is the signature of an officer of the bidding/contracting entity with the authority to bind the entity. The undersigned acknowledge and warrant that this Company has been made aware of understands and agrees to take affirmative action to provide such companies with the maximum practicable opportunities to do business with this Company; That this promise of non-discrimination as made and set forth herein shall be continuing in nature and shall remain in full force and effect without interruption; That the promises of non-discrimination as made and set forth herein shall be and are hereby deemed to be made as part of an incorporated by reference into any contract or portion thereof which this Company may hereafter obtain and; That the failure of this Company to satisfactorily discharge any of the promises of nondiscrimination as made and set forth herein shall constitute a material breach of contract entitling the City of Augusta to declare the contract in default and to exercise any and all applicable rights remedies including but not limited to cancellation of the contract, termination of the contract, suspension and debarment from future contracting opportunities, and withholding and or forfeiture of compensation due and owing on a contract.
RFP 11-087 Managing Augusta Parking Facilities Page 47 of 57

Attachment

B - Page 2 of 3

Non-Collusion of Prime Bidder/Offeror By submission of a bid, the vendor certifies, under penalty of perjury, that to the best of its knowledge and belief: (a) The prices in the proposal have been arrived at independently without collusion, consultation, communications, or agreement, for the purpose of restricting competition, as to any matter relating to such prices with any other vendor or with any competitor. (b) Unless otherwise required by law, the prices which have been quoted in the proposal have not been knowingly disclosed by the vendor prior to opening, directly or indirectly, to any other vendor or to any competitor. (c) No attempt has been made, or will be made, by the vendor to induce any other person, partnership or corporation to submit or not to submit a proposal for the purpose of restricting competition. Collusions and fraud in bid preparation shall be reported to the State of Georgia Attorney General and the United States Justice Department. Conflict of Interest By submission of a bid, the responding finn certifies, under penalty of perjury, that to the best of its knowledge and belief: 1. No circumstances exist which cause a Conflict of Interest in performing the services required by this ITB, and 2. That no employee of the County, nor any member thereof, not any public agency or official affected by this ITB, has any pecuniary interest in the business of the responding finn or his subconsultant(s) has any interest that would conflict in any manner or degree with the performance related to this ITB. By submission of a bid, the vendor certifies under penalty of perjury, that to the best of its knowledge and belief: (a) The prices in the bid have been arrived at independently without collusion, consultation, communications, or agreement, for the purpose of restricting competition, as to any matter relating to such prices with any other vendor or with any competitor. (b) Unless otherwise required by law, the prices which have been quoted in the bid have not knowingly been disclosed by the vendor prior to opening, directly or indirectly, to any other vendor or competitor. c) No attempt has been made, or will be made, by the vendor to induce any other person, partnership or cooperation to submit or not to submit a bid for the purpose of restricting competition. For any breach or violation of this provision, the County shall have the right to terminate any related contract or agreement without liability and at its discretion to deduct from the price, or otherwise recover, the full amount of such fee, commission, percentage, gift, payment or consideration.
RFP 11-087 Managing Augusta Parking Facilities Page 48 of 57

Attachment B - Page 3 of 3 Contractor Affidavit and Agreement

By executing this affidavit, the undersigned contractor verifies its compliance with O.C.G.A. 13-1091, stating affirmatively that the individual, finn, or corporation which is contracting with Augusta Richmond County Board of Commissioners has registered with and is participating in a federal work authorization program* [any of the electronic verification of work authorization programs operated by the United States Department of Homeland Security or any equivalent federal work authorization program operated by the United States Department of Homeland Security to verify information of newly hired employees, pursuant to the Immigration Reform and Control Act of 1986 (lRCA), P.L. 99-603J, in accordance with the applicability provisions and deadlines established in O.C.G.A 13-10-9l. The undersigned further agrees that, should it employ or contract with any subcontractor(s) in connection with the physical performance of services pursuant to this contract with Augusta Richmond County Board of Commissioners, contractor will secure from such subcontractor(s) similar verification of compliance with O.C.G.A 13-10-91 on the Subcontractor Affidavit provided in Rule 300-10-01-.08 or a substantially similar form. Contractor further agrees to maintain records of such compliance and provide a copy of each such verification to the Augusta Richmond County Board of Commissioners at the time the subcontractor(s) is retained to perform such service.
Georgia Law requires your company to have an E-Verify*User Identification Number on or after July 1, 2009.

For additional information visit the State of Georgia website:
https:lle-verify.uscis.qov/enrollJ and/or http://www.dol.state.ga.us/pdflrules/300 10 i.pdf

E-Verify

* User

Identification

Number

The undersigned further agrees to submit a notarized copy of Attachment B and any required documentation noted as part of the Augusta Richmond County Board of Commissions specifications which govern this process. In addition, the undersigned agrees to submit all required forms for any subcontractor(s) as requested and or required. I further understand that my submittal will be deemed non-compliant if any part of this process is violated. Company Name BY: Authorized Officer or Agent
(Contractor Signature) Title of Authorized Officer or Agent of Contractor

Printed Name of Authorized Officer or Agent
SUBSCRIBED AND SWORN BEFORE ME ON THIS THE _~. DAY OF , 20_ NOTARY SEAL Notary Public My Commission Expires: _

Please complete, date, notarize and return pages 1-3 of Attachment
Rev. 11/13/09

B with your submittal

RFP 11-087 Managing Augusta Parking Facilities Page 49 of 57

BIDDER'S FORM/ACKNOWLEDGEMENT
City of Augusta Procurement Department 530 Greene Street, Suite 605 Augusta, Georgia 30901 ATTN: Procurement Director

OF ADDENDA

Business Locations: (Check One) __ Augusta Richmond County __ Other

Name of Bidder: Street Address: City, State, Zip Code: _~ Phone:

~

~

~

~

_ _ _

Fax:

Email:

_

City License Requirement: Contractor must be licensed in the State of Georgia or by the Governmental entity for which they do the majority of their business. For further information contact Robert Sherman of the License and Inspection Department@706 312-5162.
00 You Have A Business License? Licensed By What State, City & County Business License #: Yes: No: __ ~ __ ~_~ ~ __

Fed Tax Id #:

~

Acknowledgement Addenda 1 Addenda 2 Addenda 3 Addenda 4

of Addendum: Initial Initial Initial Initial

Check and Initial the appropriate box: Addenda 5 Addenda 6 Addenda 7 Addenda 8 Initial Initial Initial Initial

THE UNDERSIGNED PROPOSES TO FURNISH THE FOLLOWING ITEMS IN STRICT CONFORMANCE TO THE BID/RFP/RFQ SPECIFICATIONS AND BID/RFP/RFQ INVITATION ISSUED BY THE CITY OF AUGUSTA FOR THIS BID/RFP/RFQ ANY EXCEPTIONS ARE CLEARLY MARKED IN THE ATTACHED COPY OF BID/RFP/RFQ SPECIFICATIONS:

Signature:

_

Date:

_

THIS FORM MUST BE COMPLETED
REV. 11/13/09

AND SUBMITTED

WITH YOUR SUBMITTAL

RFP 11-087 Managing Augusta Parking Facilities Page 50 of 57

R

G

I

A

STATE OF GEORGIA - COUNTY OF RICHMOND

BID/RFP/RFQ#

_

SUBCONTRACTOR

AFFIDAVIT

By executing this affidavit, the undersigned subcontractor verifies its compliance with O.C.G.A. 1310-91, stating affirmatively that the individual, firm, or corporation which is engaged in the physical performance of services under a contract with on behalf of Augusta Richmond County Board of Commissioners has registered with and is participating in a federal work authorization program* [any of the electronic verification of work authorization programs operated by the United States Department of Homeland Security or any equivalent federal work authorization program operated by the United States Department of Homeland Security to verify information of newly hired employees, pursuant to the Immigration Reform and Control Act of 1986 ([RCA), P. L. 99-603J, in accordance with the applicability provisions and deadlines established in O. C. G. A 13-10-91.
E-Verify * User Identification Number

Company Name

BY: Authorized Officer or Agent (Contractor Signature)

Title of Authorized Officer or Agent of Contractor

Georgia Law requires your company to have an E-Verify*User Identification Number on or after July

1,2009. Printed Name of Authorized Officer or Agent SUBSCRIBED _____ AND SWORN BEFORE ME ON THIS THE DAY OF , 20_

For additional information:

State of Georgia
10 1.pdf

http://www.dol.state.ga.us/pdf/rules/300 https:!le-verify.uscis.gov/enrolll

Notary Public My Commission Expires: NOTARY SEAL

Note:

The successful vendor wiJ/ submit the above forms to the Procurement Department no later than five (5) days after receiving the "Letter of Recommendation" (Vendor's letter will denote the date forms are to be received)

REV.

11/13/09
RFP 11-087 Managing Augusta Parking Facilities Page 51 of 57

G

I

A

In accordance with the Laws of Georgia, the following affidavit is required by all vendors

NON-COLLUSION

AFFIDAVIT OF SUBCONTRACTOR

I, certify that this bid or proposal is made without prior understanding, agreement or connection with any corporation, firm or person submitting a bid for the same work, labor or service to be done or the supplies, materials or equipment to be furnished and is in all respects fair and without collusion or fraud. I understand collusive bidding is a violation of state and federal law and can result in fines, prison sentences and civil damages awards. I agree to abide by all conditions of this bid or proposal and certify that I am authorized to sign this bid or proposal for the bidder. Affiant further states that pursuant to O.C.G.A. Section 36-91-21 (d) and (e), has not, by itself or with others, directly or indirectly, prevented or attempted to prevent competition in such bidding or proposals by any means whatsoever. Affiant further states that (s)he has not prevented or endeavored to prevent anyone from making a bid or offer on the project by any means whatever, nor has Affiant caused or induced another to withdraw a bid or offer for the work. Affiant further states that the said offer of is bona fide, and that no one has gone to any supplier and attempted to get such person or company to furnish the materials to the bidder only, or if furnished to any other bidder, that the material shall be at a higher price.

Signature of Authorized Company Representative

Title

Sworn to and subscribed before me this ~ __

day of

, 20_.

Notary Signature

Notary Public: County: Commission Expires: ___ _

(Print Name)

NOTARY SEAL

Note:

The successful vendor will submit the above forms to the Procurement Department no later than five (5) days after receiving the "Letter of Recommendation" (Vendor's letter will denote the date forms are to be received)

RFP 11-087 Managing Augusta Parking Facilities Page 52 of 57

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EXCEPTION SHEET

If the commodity (ies) and/or services proposed in the response to this bid is in anyway different from that contained in this proposal or bid, the bidder is responsible to clearly identify by specification section number, all such differences in the space provided below. Otherwise, it will be assumed that bidder(s) offer is in total compliance with all aspects of the proposal or bid. Below are the exceptions to the stated specifications:

Date

Signature Company Title

Return with submittal if the commodity and/or services proposed in the response to this RFP are in anyway different from that contained in the specifications.

REV.

8/31/09

RFP 11-087 Managing Augusta Parking Facilities Page 56 of 57

Certification Statement Local Vendor Preference

I certify that my company meets all of the following qualifications

to be eligible for the local vendor preference:

(1) That my company has a fixed office or distribution point located in and having a street address within Augusta for at least six (6) months immediately prior to the issuance of the request for competitive bids or request for proposals by Augusta; and (2) That my company holds any business license required by the Augusta least 6 months. Richmond County Code for at

(3) That my company employs at least one (1) full time employee, or two (2) part time employees whose primary residence is in Augusta, or if the business has no employees, the business shall be at least fifty percent (50%) owned by one or more persons whose primary residence is in Augusta. (4) Attached is a copy of my Augusta Business License.

Company Name: Address: Business License Number Phone Number: Owner's Name: Fax Number: Signature: _ __ _ _

II
Vendor Certified:

VENDOR DO NOT COMPLETE

II
Oate: _

To be completed by Authorized City Representative

from Augusta Richmond County Procurement Department:

Authorized City Representative Signature

RFP 11·087 Managing Augusta Parking Facilities Page 57 of 57