REQUEST FOR PROPOSALS FOR ACAMS EXPANSION PROJECT FOR Los Angeles World Airports

Transcription

1 REQUEST FOR PROPOSALS FOR FOR Los Angeles World Airports The Access Control and Alarm Monitoring Systems (ACAMS) Expansion Project for Los Angeles World Airports will install new conduit, cabling, ACAMS readers and associated devices in baggage belt portal locations. Release Date: Tuesday, March 04, 2014 Due Date: Thursday, May 01, :00 pm PST Los Angeles World Airports Procurement Services Division 7301 World Way West, 4 th Floor Los Angeles, CA Pre-Proposal Conference: Tuesday, March 25, :00 am PST Samuel Greenberg Room LAWA Administration East One World Way Los Angeles, CA Deadline to Submit Questions : Friday, April 11, :00 pm PST johnjones@lawa.org RFP Administrator: John Jones Los Angeles World Airports Procurement Services Division 7301 World Way West, 4 th Floor Los Angeles, CA johnjones@lawa.org Note: All communications regarding this Request for Proposals shall be directed in writing to the RFP Administrator listed above. Written communications may be made through , U.S. mail or delivery service. Any proposer communicating with Los Angeles World Airports staff other than the RFP Administrator may be disqualified, and their proposal declared non-responsive.

2 Table of Contents Page Section 1: The Opportunity 1.1 Objective Background Scope of Services Minimum Qualifications 5 Section 2: The Proposal 2.1 Contents Cover Letter Table of Contents Executive Summary Understanding of the Assignment Methodology and Approach Organization and References Financial Capability Cost Proposal Proposal Bond Submission Format Process Pre-Proposal Conference Questions and Answers Submission Requirements Evaluation and Selection Procedure Additional Terms, Conditions, Disclaimers, and Requirements 15 Section 3: The Contract 3.1 Contracting with LAWA Payment for Services Rendered City Held Harmless 18 Section 4: Appendices 4.1 Appendix A: Scope of Work Appendix A-1: ACAMS for Baggage Door Portals Infrastructure Scope of Work Appendix A-2: ACAMS for Baggage Door Portals System Equipment Scope of Work 4.2 Appendix B: Cost Proposal Template 4.3 Appendix C: References Form 4.4 Appendix D: Additional Terms, Conditions, Disclaimers, and 20 Page 2 of 21

3 Requirements 4.5 Appendix E: Administrative Requirements 4.6 Appendix F: Individual Non-Disclosure Agreement must be executed before viewing of SSI documents 4.7 Appendix G: Corporate Non-Disclosure Agreement must be executed before viewing of SSI documents Page 3 of 21

4 SECTION 1: THE OPPORTUNITY 1.1. Objective Los Angeles World Airports (LAWA) objective is to add Access Control and Alarm Monitoring Systems (ACAMS) operations and features at certain existing baggage belt induction and egress points in the secure and sterile areas of terminal building operations at Los Angeles International Airport (LAX). Through this Request for Proposals (RFP), LAWA is seeking proposals from qualified contractors who have the comprehensive skills, resources, experience and certifications to provide ACAMS installation and configuration/interfaces associated with certain baggage belt portals at LAX. The selected Proposer must have the ability to mobilize quickly and deploy the necessary resources to complete the project in an expedited manner Background LAWA is the Department of Airports of the City of Los Angeles (City), established pursuant to Article XXIV, Section 238 of the City Charter. As a financially self-sufficient, proprietary department of the City, LAWA is under the management and control of a seven-member Board of Airport Commissioners (BOAC) appointed by the Mayor and approved by City Council. The Executive Director administers LAWA and reports to the BOAC. LAWA operates and maintains Los Angeles International Airport (LAX), Los Angeles/Ontario International Airport (ONT) and Van Nuys Airport (VNY). Existing Conditions: There are existing locations where ACAMS card readers are currently used for control of baggage introduction points. LAWA has decided to extend ACAMS capabilities to all baggage introduction points. Airport Environment: LAX is a bustling airport with 68 passenger airlines in operation. In calendar year 2013, over 66 million passengers passed through LAX terminals. It is important to note that the LAX operational environment presents a set of unique challenges that do not exist in a typical commercial setting. For example: The selected Proposer and its sub-contractors will be required to comply with LAWA security policies and meet established requirements. The selected Proposer and its sub-contractors will be responsible for all expenses incurred by LAWA for corrective action resulting from non-compliance with LAWA or Transportation Security Administration ( TSA ) rules. Facilities must be open 365 days per year with operating hours and staffing levels reflecting the fluctuations in daily passenger traffic. Deliveries must be made in conformance with LAWA and TSA regulations, which may include limitations on time of day, location and routing. Page 4 of 21

5 Limited hours for installation work. Proposal schedules should take into account the LAWA security badging process required to work on Airport property. The badging process must be in every schedule provided in response to this RFP. The proposer should assume a processing period of eight (8) to twelve (12) weeks before its employees and subcontractors receive security badges. Authorization to drive on the Aircraft Operating Area (AOA) may take an additional five (5) weeks after badging. Badging is an on-going process. The selected Proposer shall become knowledgeable of LAWA s badging requirements and all potential costs associated with this process Scope of Services This RFP is for the installation of infrastructure and new ACAMS readers at six (6) LAX terminals for 78 baggage belt portals. As part of the project, additional ACAMS controller hardware, electrical interfaces (inclusive of baggage door control interface equipment), IT infrastructure and wiring will be installed. Once the new system is operational, existing Cyber Keys currently used shall be removed. LAWA will provide the signed and sealed Construction Drawings developed for the installation of ACAMS Infrastructure and system equipment in all six (6) terminals. The drawings will detail the installation of the required baggage portal security systems. The selected Proposer will be required to perform a thorough site investigation and assessment to validate all information, devices and installation components shown on the drawings for each Baggage Handling System (BHS) portal. The selected Proposer shall be responsible for providing all work defined in Appendices A-1 and A-2 Scopes of Work Qualifications LAWA does not intend to limit the type of entity that may propose. Proposing entities may include individuals, corporations, partnerships, limited liability corporations or joint ventures. The Proposer, i.e., the proposing entity, should be the legal entity that will execute the contract for the work of this Project. Such entity may be one that is newly created for the purpose of proposing on this opportunity. The Proposer need not have all the required skills and experience in house, but may assemble a team ( Proposal Team ) to provide the necessary skills and experience. The Proposal Team may be assembled in a variety of ways, including through contracting, partnering, joint venturing, etc. It will be the entirety of the Proposal Team that will be evaluated and scored. Page 5 of 21

6 Minimum Qualifications: Proposals that are deficient in meeting the Minimum Qualifications at the time of submittal shall be deemed non-responsive to the RFP and receive no further consideration. LAWA, at its sole discretion, will determine if the Proposals are responsive to the requirements of the RFP. Thus, Proposers must demonstrate that they or firms or individuals on their Proposal Team meet the following Minimum Qualifications in order for their proposals to be further evaluated and considered for award of contract: 1. A Registered Professional Engineer, licensed in the State of California, to certify any design documents provided under this Contract. 2. A Cisco certified engineer with a professional level certification, such as Cisco Certified Internetwork Expert (CCIE) or higher, with specific experience in designing and supporting Multi-Protocol Label Switching (MPLS) networks. 3. Manufacturer certified security systems installers for the Access Control Reader model HID, Micro /5 and Micro 3000 controllers. 4. Certified seismic professional for all seismic compliance designs. 5. Corning Fiber Certified Installer. 6. California State Contractor s License C-10 Electrical. 7. California State Contractor s License C-7 Low Voltage Systems. 8. Building Industry Consulting Service International (BICSI) Registered Communications Distribution Designer (RCDD). Page 6 of 21

7 SECTION 2: THE PROPOSAL 2.1. CONTENTS Proposers must: Verify that the proposal is complete and the Proposer has completely responded to all proposal items and administrative documents in the RFP. Make sure that the proposal is well organized and easy to read. Written submittals to this RFP will be the primary basis on which LAWA will consider its award for the contract; therefore, Proposers should be thorough, detailed and as concise as possible when responding to each proposal item and assembling a proposal. In the written proposal, Proposers must include responses to all proposal items requested. Proposers will not be able to add to, or modify, their proposals after the proposal due date. LAWA may deem a Proposer non-responsive if the Proposer fails to provide all required documents and copies. In submitting the proposal, the Proposer agrees the proposal will be valid for 180 days after the deadline for submission of proposals, and may remain valid beyond that time by mutual agreement. Signatures required in response to this RFP must be provided by the person or persons who have legal authority to bind the proposing firm/corporation in contractual matters with LAWA. Proposals accepted by LAWA in writing constitute a legally binding contract offer. Proposals must contain all of the following: Cover Letter The cover letter, which will be considered an integral part of the proposal, must be on official company letterhead, identify the Proposer s legal structure (refer to Section 1.4) and be signed by the person or persons who have legal authority to bind the firm in contractual matters with LAWA. It must also contain Proposer s contact information. A copy of the Corporate Resolution or other appropriate evidence of authority must be attached to the cover letter. LAWA reserves the right to reject any proposal that contains an unsigned cover letter and/or submits incomplete documentation Table of Contents Include a Table of Contents listing the various sections included in the proposal Executive Summary The Executive Summary must include a brief statement of how the proposer shall meet the scope requirements as set forth in this RFP document. Proposers must also include Page 7 of 21

8 information that demonstrates the Proposal Team s strengths, the Proposer s capacity to carry out the type of assignments described in the Project Scope of Work, the Proposer s experience and expertise and a statement about why the Proposer s proposal would be the best selection. (3 pages maximum) Understanding of the Assignment The Understanding of the Assignment should explain the Proposer s understanding and interpretation of the key goals and objectives of this RFP, including compliance with the various regulatory requirements associated with the ACAMS Expansion Project and their understanding of the organizational and logistical needs inherent in the scope of services. Areas not in this RFP, but which the Proposer believes are essential to the effective performance and completion of the required services, should also be addressed in the Proposal. (3 pages maximum) Methodology and Approach The Methodology and Approach should explain the Proposer s proposed method and approach for completing the scope of services. Proposers should include any areas not addressed in the Scope of Work attached to this RFP, but which the Proposer believes are essential to the effective performance and completion of work tasks described in the Scope of Work. Furthermore, the Proposer should address the following items: A. Proposer shall provide a Statement of Work that demonstrates a clear understanding of LAWA s needs and how to implement the proposed solution. The Statement of Work shall address all the requirements outlined in the Scope of Work Appendices A-1 and A-2. B. Proposal shall include a Work Plan (Schedule) indicating how long it will take to perform the work as identified herein. The Work Plan shall show an adequate supply of technicians and materials at all times needed to complete the work in the time frame shown in the Work Plan. Work Plan shall illustrate how the work will be performed in the most appropriate, expeditious and economical manner consistent with the interest of LAWA and in compliance with the timeline shown in the Scope of Work. Time is of the essence in completing this work and work must be done in accordance with a schedule developed by the Proposer and approved by LAWA. The hours shall be such as to minimize service disruptions Organization and References A. Proposal Team Identification and Organizational Chart 1. Proposer shall include a Team Identification and Organizational Chart for this project. The Proposer must also provide a list indicating the portion of work, as defined in the Scope of Work, which will be done by each listed subcontractor. Page 8 of 21

9 Proposal Team a. Names and titles of individuals who will be involved in this project (with company affiliation). b. A responsibility matrix indicating the reporting structure and task responsibilities of each member of the project team. B. Proposal Team Description (3 pages maximum) Provide resumes of proposed key staff as an appendix. Include all personnel required to perform the Scope of Work and their respective certifications. Provide all Proposer s and their sub-contractor s references, including all clients, government agencies, airports or other City and County agencies relating to this Project with direct knowledge of the Proposer s ACAMS installation experience with Baggage Belt Systems, project management experience and performance. References shall confirm Proposer s and its sub-contractor s experience with card reader models HID, Micro/5 and Micro 3000 controllers or similar readers and their use with Baggage Control Systems. Note: Once the Proposal is submitted, the composition of the Proposal Team cannot be altered without the consent of LAWA. Once a contract is awarded and executed, LAWA must approve any change to the key staff assigned to the project. New personnel are required to submit a resume stating qualifications and experience to accomplish the project. LAWA reserves the right to verify each candidate s experience and education. C. Company Profile (3 pages maximum) Provide a description of the Proposer. 1. Identify Proposer s years of experience, number of staff, location of staff and/or offices (including location of the headquarters office and any local offices), telephone number, fax number, and address. 2. Identify the names of all general partners or owner(s) of your firm, their titles, office location, telephone number, fax number and address. 3. List key clients and other information relevant to the proposed Scope of Work. D. Experience and References List up to five (5) non-la City, non-lawa, references with which the Proposer has conducted similar work during the past five (5) years using the reference form provided in Section 4.3: Reference Form. References must have direct knowledge of Proposer s ACAMS installation experience, ACAMS specific to baggage belts installation experience, infrastructure installation and/or project management. References must include: Page 9 of 21

10 1. Company a. Company Name b. Business Type c. Company Address 2. Contact Person The person should be the contract manager or principal individual with direct knowledge of contract and service performance. a. Contact Person Name b. Title c. Address d. Telephone Number e. Address 3. Project/contract start date 4. Project/contract end date 5. Description of the project/contract: a. Name of Project b. Services provided related to ACAMS infrastructure installation, ACAMS system equipment installation including for airport baggage portals and configuration/programming and interfaces to 3rd party systems and/or oversight thereof. c. Address and location of service provided 6. Contract Value If a sub-contractor, then indicate the total value of the project/contract and the total value of the Proposer s portion of work on the project. A list of all current and prior City of Los Angeles contracts, including LAWA contracts, held within the last ten (10) years shall be provided in accordance with the Administrative Requirements, as outlined within Section 4.5: Administrative Requirements of this RFP. LAWA, at its sole discretion, reserves the right to request additional references, to contact and verify all references and to request additional supporting information from the Proposer, as LAWA deems necessary Financial Capability This Section should provide LAWA with an understanding of the Proposer s financial capability to provide the services described in this RFP. LAWA reserves the right to Page 10 of 21

11 request, at any time during the RFP process, any additional information it deems appropriate to assist in determining whether the Proposer has the requisite financial capacity. The Proposer must provide: A. Financial statements for the most recent two (2) complete fiscal years audited and certified by a licensed public accountant, or if unaudited, then accompanied by a notarized statement from the Chief Financial Officer certifying the accuracy of the financial information contained in such statements. B. All financial information for each partner, LLC/LLP member, or joint-venture, respectively, if the Proposer intends to organize as a partnership, LLC, LLP or joint venture. C. Written statement from any person or entity to indicate the level of commitment together with the financial information detailed in this section as if the guarantor were the Proposer. LAWA reserves the right to require guarantors financial information if the Proposer is an LLC or LLP Cost Proposal Proposer shall itemize Proposed Costs using the pricing template provided in Appendix B. To provide pricing; please use the Pricing Template provided in Appendix B. A compact disc (CD) with an electronic Excel version of this Pricing Template for Proposer s use, to add or adjust as needed, will be provided at the Pre-Proposal Conference. Prices may not be increased during the term of the contract. The Proposed Costs shall be as low as those currently charged the selected Proposer s most favored customers for comparable quantities, including profit and overhead. LAWA shall not pay the selected Proposer more than twelve percent (12%) over the actual selected Proposer s invoice and shipping costs, minus any discounts for materials/hardware/devices. For Labor and Services, LAWA shall not pay the selected Proposer more than eighteen percent (18%) over actual labor rates or if sub-contracted, over selected Proposer s invoice cost. In addition to the provisions stated in Scope of Work A-1, A-2 Section 24 Titled: Pricing, Payment, Invoicing, if selected Proposer or its suppliers/sub-contractors reduce their prices for any of the products or services during the term of the contract, then LAWA shall have the immediate benefit of such lower prices for new purchases. Selected Proposer shall send notice to LAWA with the reduced prices within fifteen (15) business days of the reduction taking effect. Such reduced prices shall pass on to LAWA all Original Equipment Manufacturer (OEM) discounts. Page 11 of 21

12 2.1.9 Contractor s Proposal Bond The proposal must be accompanied either by a check certified by a responsible bank in the City of Los Angeles, or a cashier's check issued by a responsible bank, or a corporate surety bond of a responsible surety company for an amount not less than ten percent (10%) of the amount proposed, payable to the order of the City of Los Angeles, Department of Airports, as a guarantee that the Proposer to whom the contract is awarded will enter into the proposed contract and furnish the required bonds, and as liquidated damages for any loss which may accrue from failure to do so. Such payment, however, is not to preclude recovery by the City of any amount over and above said sum to which the City sustains damage by reason of such failure or refusal. No proposal will be considered unless accompanied by such check or bond. PROPOSERS ARE HEREBY ADVISED THAT THIS BOND GUARANTEEING TO THE CITY THE FULL 10% PENAL SUM THEREOF, REGARDLESS OF THE CITY'S ACTUAL DAMAGES SHOULD THE PROPOSER FAIL TO ENTER INTO THE CONTRACT AND FURNISH THE REQUIRED BONDS, WILL BE ACCEPTABLE. SUBMISSION OF AN INCORRECT BOND WILL CAUSE THE PROPOSAL TO BE NONRESPONSIVE AND SHALL RESULT IN ITS REJECTION Submission Format The following number of copies must be provided: 1. Part 1: The Proposal One (1) original and seven (7) copies of the required information and/or documents as outlined in Section 2 The Proposal of this RFP. 2. Part 2: Administrative Requirements One (1) original and one (1) copy of the required administrative forms as outlined in Section 4.1: Administrative Requirements of this RFP. The original of each Part 1 and Part 2 must be marked Original on its front page or cover, must contain the original signatures and must be signed by a duly authorized representative(s) of the Proposer. Each bound copy titled Part 1: The Proposal should be printed double-sided on 8½ x 11 paper (11x17 page size may be used if folded to fit size requirements.). Minimum font size is 11-point Arial. Each copy should be bound in a three-ring binder with tabbed dividers corresponding to the letters delineating each section as described below. A separate binder labeled Part 2: Administrative Requirements shall contain the materials that demonstrate that the Proposer satisfies the administrative requirements. The forms to be completed to meet these requirements are contained in Section 4.1: Administrative Requirements of this RFP. All required administrative forms and statements must be completed, properly signed and submitted along with the proposal. Incomplete submission of the required documents, including any that may need to be Page 12 of 21

13 notarized by Proposer, may deem the proposal non-responsive and it may not receive any further consideration. The original and copies of all parts of the proposal(s) should be enclosed in a single sealed package, with the name and address of the Proposer in the upper left hand corner and marked, ACAMS Expansion Project for Los Angeles World Airports. Proposers must also provide a complete electronic copy of the proposal as an Adobe Portable Document Format ( PDF ) file on a flash drive or CD. Failure to follow page limits may prevent a proposal from consideration. Proposer may submit supplemental information, such as pictures, tables, figures, etc., where indicated as an appendix and are not subject to the page limitations PROCESS Pre-Proposal Conference (Mandatory) There will be a Pre-Proposal Conference held at LAWA to discuss the requirements and objectives of this RFP and respond to questions. Attendance at this pre-proposal conference is mandatory in order to submit a proposal. Immediately following the discussion portion of the Pre-Proposal Conference will be a Site-Walk, in which proposers will walk through the Terminals to view the locations/logistics of the work of this Project. The Pre-Proposal Conference is scheduled for: Date: Tuesday, March 25, 2014 Time: 10:00 a.m. to 11:00 a.m. Location: Samuel Greenberg Room LAWA Administration East One World Way Los Angeles, CA Note: RSVP is required. Contact John Jones via at johnjones@lawa.org Provide your firm s name and name/title of all attendees. Additionally, a viewing of Security Sensitive Information (SSI) Documents associated with this Project will be held over a two-day period following the Pre-Proposal Conference. The dates for the SSI Document Viewing are March 26 and 27, Participation in viewing the SSI documents associated with this Project is highly recommended. Note: Only those firms and individuals that have signed a Non-Disclosure Agreement (NDA) will be allowed to view the SSI documents and/or participate in Page 13 of 21

14 the Site-Walk. Individual and Corporate NDA forms are included as Appendices F and G, respectively. Signed NDAs will be collected at the Pre-Proposal Conference. Upon submission of signed NDAs, proposers will be allowed to select a time slot for the SSI viewing. Sign Language Interpreters, Communication Access Real-Time Transcription, Assistive Listening Devices, or other auxiliary aids and/or services may be provided upon request. To ensure availability, you are advised to make your request at least 72 hours prior to the meeting you wish to attend. Due to difficulties in securing Sign Language Interpreters, five (5) or more business days notice is strongly recommended. For additional information, please contact LAWA s Americans with Disabilities Act ( ADA ) Coordinators Office at (424) or by at jrolon@lawa.org. You may also contact the ADA Office via the California Relay Service at (800) Questions and Answers Any questions regarding the proposal requirements and any additional proposal criteria, instructions, or corrections, if any, received prior to the pre-proposal conference, may be discussed at the pre-proposal conference. All questions received by the deadline established below will be addressed in an addendum posted to In addition, should LAWA amend the requirements set forth herein, a written addendum will be issued reflecting any changes and such addendum will also be posted at Thus, all firms submitting proposals in response to this RFP must register in All questions or requests for clarification on the RFP must be clearly presented in writing and transmitted by no later than Friday, April 11, 2014, at 2:00 pm to John Jones via at johnjones@lawa.org. LAWA will only communicate with one person per proposal. It will be the responsibility of the Proposer to identify in the Proposal the correct name, address, phone number, fax number and address of the contact person Submission Requirements Potential Proposers should read, review and understand this RFP, all the attachments and any addenda issued. The Proposer should submit a proposal in accordance with the instructions given in this RFP. The proposal should be prepared as specified as to form, content, and sequence. The Proposal must be received by LAWA by 2:00 pm PST on Thursday, May 01, Please use the address below to submit your proposal: Page 14 of 21

15 Los Angeles World Airports Procurement Services Division 7301 World Way West, 4 th Floor Los Angeles, CA Attention: John Jones LAWA will not consider any proposals received at the wrong location or after the due date and time Evaluation and Selection Procedure A. Evaluation Criteria LAWA has established specific evaluation criteria to assist in the evaluation of proposals. The criteria are as follows: Item Evaluation Criteria Points 1 Experience 30 2 Financial Capacity 10 3 Technical Approach and Understanding of Scope of Work / Work Schedule 25 4 Cost Proposal 35 Total Points 100 B. Interviews and Short-Listing LAWA reserves the right to conduct interviews or to proceed without conducting interviews. The purpose of interviews, if conducted, would be to allow Proposers the opportunity to clarify and expand upon aspects of their proposal. They also present an opportunity to evaluate key personnel and discuss issues of experience, performance, financials, qualifications and quality assurance. Proposer(s) (either all or a short list) may subsequently be re-interviewed for final evaluation. Proposers may bring presentation boards or use on-screen PowerPoint presentations. Furthermore, LAWA reserves the right to interview only a short list of Proposers or to establish a short list of proposals without conducting interviews. If a short list is used, it will be based on the Evaluation Panel using all the evaluation criteria listed above and by applying the same relative weights assigned to these criteria as listed. If LAWA elects to establish a short list among the Proposers, then LAWA reserves the right for the Proposal Evaluation Panel to determine the number of short-listed proposals during the Page 15 of 21

16 evaluation process. Scores arising from any short-listing process will not be carried forward to subsequent rounds or final scoring of the proposal/interview process. C. Scoring and Ranking Scoring will be accomplished by using a Must system. Under this system, after evaluating all proposals, each member of the evaluation panel must award the maximum potential points designated for each scoring criterion above to at least one proposal that best meets the requirements of that criterion. Each evaluation panel member, however, may also award the maximum potential points to other proposer(s) that, in the opinion of the evaluation panel member, demonstrate(s) comparable quality in the criterion. Once each evaluation panel member has completed scoring, the evaluation panel members scores will be converted to rankings (i.e. 1st, 2nd, 3rd, etc.). These rankings among evaluation panel members will then be added to determine the overall ranking by the evaluation panel. D. Approval of Selection and Award of Contract(s) Once contract negotiations are completed, the selected Proposer(s) will be required to enter into a contract agreement with LAWA. Any such contract(s) will be subject to award by the BOAC and approval as to form by the City Attorney. LAWA reserves the right to award a contract(s) based on all or only a portion of the scope of work outlined in this RFP. LAWA reserves the right to award all or portions of a Proposer s proposal and/or require that one Proposer collaborate with another for the provision of specific services, either prior to execution of a contract or at any point during the life of the contract. Should LAWA and the selected Proposer not come to an agreement on contractual terms and conditions within 21 calendar days from the inception of negotiations, LAWA reserves the right to close negotiations with the selected Proposer and to proceed to negotiate contractual terms with the second ranked firm or to not award contract and proceed to issue a new Request for Proposals. Similarly, if no agreement on contractual terms and conditions is reached with the second ranked firm within 21 calendar days from the inception of negotiations, LAWA reserves the right to close negotiations with the second ranked firm and to proceed to either negotiate with the third ranked firm or to not award contract and proceed to issue a new Request for Proposals Additional Terms, Conditions, Disclaimers, Requirements Proposers are expected to read and understand all terms, conditions, disclaimers, and requirements associated with this RFP. You will find the Additional Terms, Conditions, Disclaimers, and Requirements in Appendix 4.4 of this document. Page 16 of 21

17 SECTION 3: THE CONTRACT 3.1. Contracting with LAWA It is the intent of LAWA to negotiate a contract with the selected proposer(s). The contract for the ACAMS Expansion Project for LAWA will be awarded by the BOAC to the Proposer that best meets the requirements specified in this RFP. Degree of responsiveness to the RFP and qualifications to successfully implement the proposed program will be determined by LAWA from the information furnished by the Proposer in the submittals; the interview committee session, if held; and any other sources determined to be valid by Executive Management or the BOAC. An award will not be made until after LAWA has verified information regarding the demonstrated experience and responsibility of the Proposer. Each Proposer consents to LAWA obtaining such verification by submitting its proposal. LAWA reserves the right to reject all proposals. Note: No contract or portion thereof may be assigned without consent of the Executive Director within his/her authority or the BOAC. The selected Proposer shall not permit any sub-contractor to be voluntarily assigned or transferred or allow the contract to be performed by anyone other than the original subcontractor(s) listed on the original response to the RFP without written consent of the Executive Director within his/her authority or the BOAC Contractor s Performance Bond No later than fourteen (14) business days after award of contract, and before any work is performed under the contract, the successful proposer will be required to file a Contractor s Performance Bond with LAWA to be approved by the City. The successful proposer shall provide the Contractor s Performance Bond on a form provided by LAWA. The Contractor s Performance bond shall be for 100 percent (100%) of the contract price and valid for the duration of the Contract. The Contractor s Performance Bond must be issued by a surety who is authorized to issue bonds in the State of California Contractor s Payment Bond After award of the contract, but before any work is performed under the contract, the successful proposer will be required to file a Payment Bond with LAWA to be approved by the City. The successful proposer shall provide the Payment Bond on a form provided by LAWA. The Payment Bond shall be for not less than 100 percent (100%) of the Project contract price, and will be used to satisfy claims of material suppliers, mechanics, laborers and sub-contractors employed by the Contractor to perform work of the Project. The Payment Bond must be issued by a surety who is authorized to issue bonds in the State of California. Page 17 of 21

18 3.1.3 Prevailing Wage Prevailing Wage: Work performed on City owned property may require payment of prevailing wages. Selected proposer is obligated to make that determination, and shall be bound by and comply with applicable provisions of the California Labor Code and federal, state, and local laws related to labor. Selected proposer shall indemnify and pay and/or reimburse the City for any damages, penalties or fines (including, but not limited to, attorney s fees and costs of litigation) that the City incurs, or pays, as a result of noncompliance with applicable prevailing wage laws. This Contract is subject to the requirements of prevailing wage and other conditions pursuant to Labor Code, Division Two, Part Seven, Chapter One. The general prevailing rate of per diem, wages and the general prevailing rate for holiday and overtime work in this locality for each craft, classification, predetermined increases, if applicable, or type of workman needed to execute this Contract are available from the State of California Director of the Department of Industrial Relations at research.html. These rates are on file, in form of a CD, with the Procurement Services Division. Copies may be obtained at cost from this department. Contractor shall post a copy of such wage rates at the job site and shall pay the adopted prevailing wage rates as a minimum. Contractor must also comply with provisions of Sections 1775, 1776, and 1813 of the Labor Code, including reporting and audit requirements. Contractor shall be bound by and comply with all applicable provisions of the California Labor Code and federal, state and local laws related to labor. The Contractor shall indemnify and pay or reimburse LAWA for any damages, penalties or fines (including, but not limited to, attorney s fees and costs of litigation) that the LAWA incurs, or pays, as a result of noncompliance with applicable prevailing wage laws in connection with such work. The Contractor shall forfeit to the City the penalties prescribed in the California Labor Code for violations. In accordance with the California Labor Code, the City has on file and will publish a schedule of prevailing wage rates for the types of work to be done under the Contract. The Contractor shall not pay less than these rates. Each worker shall be paid subsistence and travel as required by the collective bargaining agreements on file with the State of California Department of Industrial Relations. The Contractor s attention is directed to Section 1776 of the California Labor Code which imposes responsibility upon the Contractor for the maintenance, certification, and availability for inspection of such records for all persons employed by the Contractor or subcontractor in connection with the project. The Contractor shall agree through the Contract to comply with this Section 1776 and the remaining provisions of the California Labor Code. Page 18 of 21

19 3.2. Payment for Services Rendered The selected Contractor will submit invoices requesting payment for the services completed on the schedule agreed upon in the contract. Other specific billing instructions are described in the Scope of Work City Held Harmless The contract to be awarded will contain a Hold Harmless Provision, as follows: A. In addition to the requirements of Section 4.5, Administrative Requirements herein, Contractor shall, to the fullest extent permitted by law, defend, indemnify and hold harmless City and any and all of City s Boards, officers, agents, employees, assigns and successors in interest from and against any and all suits, claims, causes of action, liability, losses, damages, demands or expenses (including, but not limited to, attorney s fees and costs of litigation), claimed by anyone (including Contractor and/or Contractor s agents or employees) by reason of injury to, or death of, any person(s) (including Contractor and/or Contractor s agents or employees), or for damage to, or destruction of, any property (including property of Contractor and/or Contractor s agents or employees) or for any and all other losses, founded upon or alleged to arise out of, pertain to, or relate to the Contractor s (and/or its employees or agents ) and/or Sub-Contractor s (and/or its employees or agents ) performance of the Contract, whether or not contributed to by any act or omission of City, or of any of City s Boards, officers, agents or employees. If applicable, (a) where such suits, claims, causes of action, liability, losses, damages, demands or expenses arise from or relate to Contractor s performance of a Construction Contract as defined by California Civil Code section 2783, this paragraph shall not be construed to require Contractor to indemnify or hold City harmless to the extent such suits, causes of action, claims, losses, demands and expenses are caused by the City s sole negligence, willful misconduct or active negligence; and/or (b) where such suits, claims, causes of action, liability, losses, damages, demands or expenses arise from Contractor s design professional services as defined by California Civil Code section , Contractor s indemnity obligations shall be limited to allegations, suits, claims, causes of action, liability, losses, damages, demands or expenses arising out of, pertaining to, or relating to the Contractor s negligence, recklessness or willful misconduct in the performance of the Contract. B. In addition, Contractor agrees to protect, defend, indemnify, keep and hold harmless City, including its Boards, Departments and City s officers, agents, servants and employees, from and against any and all claims, damages, liabilities, losses and expenses arising out of any threatened, alleged or actual claim that the end product provided to LAWA by Contractor violates any patent, copyright, trade secret, proprietary right, intellectual property right, moral right, privacy, or similar right, or any other rights of any third party anywhere in the world. Contractor agrees to, and shall, pay all damages, settlements, expenses and costs, including Page 19 of 21

20 costs of investigation, court costs and attorney s fees, and all other costs and damages sustained or incurred by City arising out of, or relating to, the matters set forth above in this paragraph of the City s Hold Harmless agreement. C. In Contractor s defense of the City under this Section, negotiation, compromise, and settlement of any action, the City shall retain discretion in and control of the litigation, negotiation, compromise, settlement, and appeals there from, as required by the Los Angeles City Charter, particularly Article II, Sections 271, 272 and 273 thereof. D. Survival of Indemnities. The provisions of this Section shall survive the termination of this Contract. SECTION 4: APPENDICES 4.1 Appendix A: Scope of Work Appendix A-1: ACAMS for Baggage Door Portals Infrastructure Scope of Work Appendix A-2: ACAMS for Baggage Door Portals System Equipment Scope of Work 4.2 Appendix B: Pricing Template for ACAMS Expansion Project RFP 4.3 Appendix C: References Form 4.4 Appendix D: Additional Terms, Conditions, Disclaimers and Requirements 4.5 Appendix E: Administrative Requirements 4.6 Appendix F: Corporate Non-Disclosure Agreement 4.7 Appendix G: Individual Non-Disclosure Agreement Page 20 of 20

21 SECTION 5: ATTACHMENTS Page 21 of 21