REQUEST FOR PROPOSAL (RFP) FOR · ATTACHMENT 2: PROPOSAL PART B – PROPOSAL EXAMPLE COVER LETTER ....

November 13, 2014

- REQUEST FOR PROPOSALS-

On Call Professional Engineering Design Services

AT

LOS ANGELES WORLD AIRPORTS

City of Los Angeles

Los Angeles World Airports Administration West

7301 World Way West, 9th Floor Los Angeles, CA 90045

SUMMARY INFORMATION

REQUEST FOR PROPOSALS FOR

ON CALL PROFESSIONAL ENGINEERING DESIGN SERVICES AT


DATE ISSUED: November 13, 2014 DESCRIPTION: Los Angeles World Airports (LAWA) seeks qualified professional consulting firms (proposers/consultants) for On Call Professional Engineering Design Services for various airport projects at Los Angeles International Airport (LAX), Los Angeles/Ontario International Airport (LA/ONT) and Van Nuys Airport (VNY). LAWA intends to award one or more Professional Engineering Design Services contracts. TERM: 5-years. PRE-PROPOSAL CONFERENCE: December 2, 2014 10:00 A.M., Pacific Time At Los Angeles World Airports Clifton A. Moore Administration East Building Samuel Greenberg Board Room 1 World Way Los Angeles, CA 90045 PROPOSAL DUE NO LATER THAN: Thursday, December 18, 2014, at 2:00 PM, Pacific Time PROPOSAL DELIVERY ADDRESS: Los Angeles World Airports 7301 World Way West, 9th Floor Los Angeles, CA 90045 INTERVIEW SCHEDULE: Interviews for invited firms are tentatively scheduled for the week of January 12, 2015 CONTACT PERSON: Jamaal Avilez, Procurement Supervisor E-MAIL: [email protected]


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TABLE OF CONTENTS TABLE OF CONTENTS ..................................................................................................... I ATTACHMENTS: ............................................................................................................. III 1. INTRODUCTION .................................................................................................... 1

1.1. Invitation ........................................................................................................... 1 1.2. Procurement ..................................................................................................... 1 1.3. Pre-Proposal Conference ................................................................................ 1 1.4. Americans with Disabilities Act ...................................................................... 1

2. BACKGROUND INFORMATION ........................................................................... 1 3. SCOPE OF SERVICES .......................................................................................... 1

3.1. Required Resources ......................................................................................... 3 3.2. LAWA Delivery Methods and other Scopes ................................................... 3 3.3. Types of Positions ............................................................................................ 3 3.4. Modifications to Scope of Services ................................................................ 3

4. QUALIFICATIONS OF PROPOSERS ................................................................... 4 4.1. Qualified Personnel .......................................................................................... 4 4.2. Proposer’s Experience ..................................................................................... 4 4.3. Working in a Dynamic Environment ............................................................... 4

5. CONTENTS OF PROPOSAL ................................................................................. 4 5.1. Overview ........................................................................................................... 4 5.2. PART A – Administrative Requirements ........................................................ 4 5.3. PART B – Written Proposal.............................................................................. 5 5.4. PART C – Multiplier Proposal .......................................................................... 7

6. PROPOSAL FORMAT ........................................................................................... 8 6.1. LAWA Requirements ........................................................................................ 8 6.2. Preparation of PART A – Administrative Requirements ............................... 8 6.3. Preparation of PART B – Written Proposal .................................................... 8 6.4. Preparation of PART C – Multiplier Proposal ................................................. 8 6.5. Only One Proposal Accepted .......................................................................... 9 6.6. Authorized Signatures ..................................................................................... 9 6.7. Joint Ventures or Partnerships ....................................................................... 9 6.8. Information Requested and Not Furnished .................................................... 9 6.9. Proposal Errors ................................................................................................ 9 6.10. Incorrect Proposal Information ....................................................................... 9 6.11. Prohibition of Alternate Terms and Conditions ........................................... 10 6.12. Waiver of Minor Administrative Irregularities .............................................. 10 6.13. Cost of RFP ..................................................................................................... 10 6.14. Withdrawal of Proposals ................................................................................ 10 6.15. Right to Verify Information and References ................................................. 10

7. PROPOSAL SUBMISSION INSTRUCTIONS ...................................................... 10 7.1. Proposal Delivery Instructions ...................................................................... 10

8. PROPOSAL EVALUATION CRITERIA ............................................................... 11 8.1. Initial Review ................................................................................................... 11 8.2. Evaluation of PART A – Administrative Requirements ............................... 11 8.3. Evaluation of PART B – Written Proposals .................................................. 11 8.4. Short-List of Qualified Proposers ................................................................. 11 8.5. Interview Evaluation Criteria ......................................................................... 11 8.6. Evaluation of PART C – Multiplier Proposal................................................. 11


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8.7. Weighted Criteria ............................................................................................ 12 9. INTERPRETATIONS AND CLARIFICATIONS .................................................... 13

9.1. Requests in Writing ........................................................................................ 13 9.2. Deadline for Questions .................................................................................. 13 9.3. Oral Inquiries .................................................................................................. 13 9.4. Response to Questions ................................................................................. 13 9.5. Prohibited Communications .......................................................................... 13

10. ADDENDA............................................................................................................ 13 10.1. Right to Revise RFP ....................................................................................... 13 10.2. Postponing Due Date ..................................................................................... 13 10.3. Addenda Availability ...................................................................................... 14 10.4. Proposers Responsibility .............................................................................. 14

11. CITY POLICIES AND AGREEMENTS ................................................................. 14 11.1. Validity Period of Proposal ............................................................................ 14 11.2. Administrative Requirements ........................................................................ 14 11.3. Small Business Enterprise Program ............................................................. 14 11.4. Right to Reject Proposals .............................................................................. 14 11.5. Proposer Disqualification for Attempted Improper Influence..................... 15

12. PROPERTY OF CITY/PROPRIETARY MATERIAL ............................................ 15 12.1. Subject to Public Records Act ...................................................................... 15 12.2. Exemption from Public Records Act ............................................................ 15

13. AWARD OF CONTRACT ..................................................................................... 15 13.1. Non Assignments ........................................................................................... 15 13.2. Execution of Contract .................................................................................... 15 13.3. Recommendation for Award of Contract ...................................................... 15 13.4. Contract Term ................................................................................................. 16

14. PROTESTS OF RFP CONTENT AND PROTESTS OF AWARD ........................ 16 14.1. Mandatory Time Limits .................................................................................. 16 14.2. Purpose of Procedures .................................................................................. 16 14.3. Protests of RFP Content ................................................................................ 16 14.4. Protests of Recommended Award ................................................................ 17 14.5. Only Valid Protests Considered .................................................................... 17 14.6. Frivolous Protests .......................................................................................... 17

15. ADDITIONAL LEGAL INFORMATION ................................................................ 17 15.1. Reproduction and Personal Use of Information .......................................... 17 15.2. Expense, Ownership, and Disposition ......................................................... 18 15.3. City Held Harmless ......................................................................................... 18

16. COMPLIANCE WITH ALL LAWS ........................................................................ 19 17. CONTRACT DOCUMENTS ................................................................................. 19


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ATTACHMENTS:

ATTACHMENT 1: PROPOSAL PART A - ADMINISTRATIVE REQUIREMENTS

ATTACHMENT 2: PROPOSAL PART B – PROPOSAL EXAMPLE COVER LETTER

ATTACHMENT 3: PART C – MULTIPLIER PROPOSAL SUBMITTAL

ATTACHMENT 4: DRAFT CONTRACT DOCUMENTS Exhibit A: Scope of Services Exhibit B: Rates Table Exhibit C: Multiplier and Fees Exhibit D: Cost Reimbursable Guidelines Exhibit E: First Source Hiring Program for Airport Employers Exhibit F: Insurance Requirements for Los Angeles World Airports

ATTACHMENT 5: KEY STAFF PERSONNEL RESUME FORMAT


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REQUEST FOR PROPOSAL INSTRUCTIONS TO PROPOSERS

1. INTRODUCTION 1.1. Invitation

The City of Los Angeles, Los Angeles World Airports (LAWA) invites qualified firms to submit proposals in response to this Request for Proposals (RFP) for On Call Professional Engineering Design Services for various airport projects at Los Angeles International Airport (LAX), Los Angeles/Ontario International Airport (LA/ONT) and Van Nuys Airport (VNY). LAWA may award contracts to more than one proposing firm.

1.2. Procurement

LAWA plans to award a professional services contract(s) to the most qualified Proposer(s) with the best value to the City based upon the evaluation criteria defined herein. LAWA intends to award one or more contract(s) as approved by the Board of Airport Commissioners and the Los Angeles City Council.

1.3. Pre-Proposal Conference LAWA will conduct a Pre-Proposal Conference for this procurement. Please see the Summary Information page for exact details of time and place. At the Conference, LAWA will present an overview of the proposed scope of work, including the procurement process, schedule, and administrative requirements. Attendance at the Pre-Proposal conference is optional, but highly recommended.

1.4. Americans with Disabilities Act As covered under Title II of the Americans with Disabilities Act, the City of Los Angeles does not discriminate on the basis of disability and, upon request, will provide reasonable accommodation to ensure equal access to its proposals, programs, services, and activities. If an individual with a disability requires accommodations to attend a Pre-Proposal Conference or proposal interviews, please contact the Contact Person identified on the Summary Information page at least five (5) calendar days prior to the scheduled event.

2. BACKGROUND INFORMATION

LAWA manages, programs, plans, designs, and supervises the construction of a variety of capital improvement projects at LAX, LA/ONT, and VNY. However, due to the number of projects currently handled by LAWA’s Airports Development Group staff, as well as the complexity of upcoming projects, it is necessary to enlist the professional design engineering services of qualified Consultants. Capital projects at LAWA vary greatly in scope and complexity and could be anything from planning, designing, and constructing a new airfield taxiway, ramp, service road, or new utility infrastructure and systems, to roadway improvements, landscape and/or building structure demolition and/or renovations at all three LAWA airports. LAWA is seeking firms with demonstrated capabilities and experience in providing Professional Engineering Design Services for airside, landside, and utility infrastructure projects. LAWA also utilizes a variety of project delivery methods such as design-bid-build, design-build, construction manager at risk (CMAR), and general construction contracting. Consultant design experience on a multitude of project delivery methods is desirable.

3. SCOPE OF SERVICES The successful proposer (s) will be required to provide LAWA with complete professional engineering design services as needed for the proposed capital improvements for various Airfield, Landside, Utility & Infrastructure, and Terminal projects at LAX, LA/ONT and VNY. The design may include but not limited to utility distribution, roadway and parking


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improvements, landscaping and hardscape, terminal improvements, airfield projects, and other miscellaneous improvements. The proposer shall provide complete engineering services during development and design of the construction plans and specifications, during the bidding process as well as design support during the construction. The scope of Consultant services for each project may include, but not be limited to the following:

• Design submittal at various stages of design and conduct workshop and design review meetings as necessary

• Construction Plans and Specification, including construction phasing documents for bidding

• Engineering support during construction bidding period • Engineering administrative support during construction • Design and construction schedule • Evaluate construction phasing options and construction schedule impacts • Agencies coordination including but not limited to LADBS, LADPW, FAA, TSA,

LADOT and other City and Government agencies as necessary • Tenants and Airlines coordination • Building Permit Plan Check (s) and assist LAWA in the preparation of the bidding

documents • Preparation of Reimbursement Agreements and Safety Plans for submission to the

FAA as necessary • Construction estimating for various design submittals

It is anticipated that the successful proposers will be given opportunity to design various airfield, landside, and utility and infrastructure projects including, but not limited to the following upcoming capital projects:

• Runway 25L and Center Taxiway Rehabilitation • Runway 6R – 24L RSA Improvements and Rehabilitation • Secured Area Access Post and Vehicle Check Point Improvements • Taxiway W/S Intersection Improvements – LA/ONT • Taxiway A, B and Service Road Improvements – VNY • Parking Structure Improvements • West RON Parking Position Electrification • Airfield Surface Monitoring Improvements • Parking Structure – Roof Coating and repair • Parking Lot C Improvements • Terminal Taxilane Improvements • Imperial Cargo Water Main Replacement • Development of long term construction lay down areas including, but not limited to,

Continental City, Belford and 8100/6300 Westchester parcels • Various Terminal renovations • Other airside, landside, utility & infrastructure, and terminal engineering

improvements as developed by LAWA’s Planning Division that become ready for


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development during the term of this contract. These projects may range from Utility Relocation to enabling efforts that will allow for larger, more intensive projects by LAWA or its tenants, and will require a multi-disciplined engineering team with architectural support.

3.1. Required Resources

Experienced aviation resources are needed to provide all engineering design services for LAWA. The design firm(s) shall provide design services on an as needed basis. The Proposers shall have previous experience with related and equivalent airport and capital improvement projects, full knowledge of the Federal Aviation Administration (FAA), Airport Capital Improvement Programs (ACIP), FAA Advisory Circulars (AC) and FAA Specifications, Transportation Security Administration (TSA) security requirements, Los Angeles Department of Building and Safety (LADBS) building codes, and other applicable rules and Government regulations. The design staff will typically be located off-site. The RFP will require that all prospective Proposers shall have qualified personnel to accomplish the services required by LAWA. The design firm(s) may be required to work on secured areas of the airport(s), hence the successful design firm(s) may be required to obtain security badges from LAWA, and as directed, escort and driving icons, customs, and others as needed. The consultant will work closely with several stakeholders, including airlines, tenants, FAA, TSA, Airport Police, Airport Operations, Construction and Maintenance, as well as, Designers, Construction Managers at Risk, Design-Build Contractors, or General Contractors. The consultant will also be required to cooperate and take direction from LAWA and other consultant project management staff.

3.2. LAWA Delivery Methods and other Scopes

Proposers should be familiar with Design Bid Build, Construction Manager at Risk, and Design-Build delivery methods. These delivery methods are all used by LAWA. The consultants services could include supporting LAWA in the oversight of Design-Build projects and serving on Peer Review panels or other support to LAWA. The consultant shall be required to coordinate with LAWA Environmental Management Division and their consultant for hazardous material removal and abatement. The consultant may be requested by LAWA to perform specific HAZMAT inspection/testing services. As directed by LAWA, the consultant shall have the ability to subcontract with specialized firms for services, including but not limited to geotechnical, surveying, construction materials testing, archaeology and paleontology monitoring, traffic studies, air quality testing, noise monitoring, biotic resources monitoring, waste quality testing, water quality testing, hydraulic modeling, hazardous waste testing and remediation and other services.

3.3. Types of Positions The Consultant’s services may require, but not be limited to, any or all types of positions to support implementation of capital development projects. For details, please refer to Attachment 4, Exhibit B, Rates Table, attached hereto.

3.4. Modifications to Scope of Services LAWA reserves the right at its sole discretion to make changes or modifications to the scopes of work described herein and to proceed with all or only some of them.


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4. QUALIFICATIONS OF PROPOSERS 4.1. Qualified Personnel

All prospective Proposers shall have qualified local resources, as well as additional resources as necessary, to accomplish the design services required by LAWA as described herein. Proposers shall be capable of furnishing all necessary professional engineering design services that are required in connection with the projects described herein in section entitled, PROPOSED SCOPE OF SERVICES.

4.2. Proposer’s Experience The Proposers must demonstrate that their team has experience and capabilities in successful development of projects with similar complexity, on-time delivery of multiple engineering design projects, and efficient management of multi-phased projects at large international airports or in a similar complex operating environment. The Proposer shall provide detailed descriptions about its experience related to the qualifications set forth and provide client references that would substantiate such experience. The client references must include the dates and locations of services provided, client names, email addresses, addresses, and telephone numbers. LAWA reserves the right to contact the provided references to verify the information and/or to solicit comments.

4.3. Working in a Dynamic Environment The Proposers must have the ability to work in a dynamic environment and be willing to adapt to any changes due to the needs of many other on-going large airport improvement programs, especially at LAX. The Proposers must be able to expand their scope of work to include additional services, if it is determined to be necessary by LAWA.

5. CONTENTS OF PROPOSAL

5.1. Overview The proposal shall consist of the following three (3) parts:

PART A Administrative Requirements

PART B- Written Proposal Cover Letter Table of Contents Executive Summary Section 1 – Firm’s Experience Section 2 – Team Identification & Organization Section 3 – Understanding of Project Scope

PART C Multiplier Proposal (Separate Sealed Envelope)

5.2. PART A – Administrative Requirements The Proposer shall complete all the Administrative Requirements Forms enclosed herein as RFP Attachment 1, Proposal Part A – ADMINISTRATIVE REQUIREMENTS, and shall initial any and all interlineations, alterations or erasures in its submissions. The Proposer shall not delete, modify, or supplement the printed matter on the Administrative Requirements Forms, or make substitutions thereon.


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5.3. PART B – Written Proposal Proposers shall submit the PART B – WRITTEN PROPOSAL using the format enclosed herein and shall initial any and all interlineations, alterations, or erasures in its submissions. Proposers shall present any attributes as such that the proposer believes is unique to its team, making them especially qualified to perform the services for LAWA. This section may address the approach or other information that demonstrates excellence and how the proposer intends to surpass LAWA’s expectation in the delivery of the services.

5.3.1 Cover Letter

Each Proposer must submit a cover letter with their proposal. The cover letter must include the RFP title, proposer’s authorized representative’s name and title, official company address, email address, telephone number, and identify the company. Proposer must acknowledge receipt of all addenda in their cover letter. Failure to acknowledge all addenda may render the proposal non-responsive and be rejected. An authorized representative of the proposer must sign the cover letter including his/her name, title, address, telephone number, and email address.

5.3.2 Table of Contents

Each Proposer must include a Table of Contents listing the various sections included in the proposal.

5.3.3 Executive Summary

Proposers shall submit with their proposal an Executive Summary that demonstrates important features, qualifications, and understanding of the goals, scope, and complexity of the projects. The Executive Summary must also include a brief statement of how the Proposer and any proposed subconsultant shall meet the minimum qualifications criteria as set forth in the RFP and are best qualified to meet the challenges associated with the scope of services and project.

5.3.4 Section 1 – Firm’s Experience

Proposers shall indicate what recent experience their firm has had in regards to professional engineering design services for Airfield, Landside, and Utility and Infrastructure and/or large improvement programs as they relate to work at major commercial airports. Specify experience working on non-traditional construction projects. Provide a list of specific examples of appropriate experience, including the project size and costs, and any relevant past or on-going projects. Describe each project in detail, including when the construction was completed and where it is located, the name of the owner and the owner's Project Manager, including his/her current telephone number and email address and any other appropriate information.

Proposers must list a minimum of three (3), but not more than five (5), of its most recent contracts with large public or private organizations, including Airport Authorities, on scopes of work with relevant and similar experience. Submit this information for the Prime Consultant or Joint Venture. For each contract, provide the following information: • Name of project, project location, and the owner’s contract number;


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• Name, address, email, and telephone number of client’s representative (individual who the Engineer directly reported to, responsible for administering the contract);

• Description of the work or services provided; • Total dollar amount of the project; • Scheduling and/or cost overruns; and • SBE or DBE requirements for the project (if any), actual SBE or DBE

participation in the project, and the proposer’s role in meeting these goals.

5.3.5 Section 2 – Team Identification & Organization Proposers shall present any attributes such proposer believes is unique to its team, making them especially qualified to perform the services for LAWA. This section may address creativity, design process approach, or other information that demonstrates excellence and how the proposer intends to surpass LAWA’s expectation in the delivery of professional engineering design services. Please indicate all state licenses, all professional designations, and certifications for any and all companies and individuals listed in this section. Please identify your firm and each sub-consultant by: • Firm name; • Primary representative and title; • Address; • Telephone number; • Fax number; • E-mail address; • Location of headquarters office; • Location of any local offices.

Indicate whether your firm is a Corporation, Joint Venture, Partnership, or Sole Proprietor. Indicate the name(s) of the owner(s) of your firm. In addition, Proposers must clearly identify the name of the person to be designated Project Manager and the names of the Key Staff Personnel with applicable or required California State licenses or registrations, who shall be responsible for completing the assignment within your organization. Indicate the reporting structure and responsibilities of each Key Staff Personnel member of the project team in a responsibility matrix. Include a project organization chart, names of individuals, and sub-consultants involved and their responsibilities. Proposer must provide current and verifiable references for all key staff personnel. LAWA reserves the right to verify each candidate’s experience, references, and education. LAWA must be notified 30 days in advance, of any change in the individuals assigned to the project. New personnel are required to submit résumés stating qualifications and experience necessary to accomplish such project. Substitutions proposed during performance of the contract without proper notification and approval by LAWA may be grounds for termination of the contract. Key Personnel: Proposers recognize that the necessary staffing levels will fluctuate and team composition may change. Proposers must prepare a staffing chart that identifies proposed staffing levels over the entire project duration. At a


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minimum, LAWA anticipates that the key staff personnel will include the following: • Design Manager; • Project Manager; • and Quality Control Manager

See Attachment 5 for the form to complete Key Staff Personnel Resume Format. Proposers will describe the professional qualifications, capabilities, project experience, education, training, and present office location of its designated Project Manager, Design Manager, and Quality Control Manager. Include the length of time the Project Manager, Design Manager, and Quality Control Manager have been with your firm. Provide a list of the last five (5) specific assignments of the Project Manager, Design Manager, and Quality Control Manager in chronological order. Describe each project in detail, including the scope of work for both positions, when each design was completed and where the facility is located, the name of the owner and the owner's representative, including his/her current telephone number, facsimile number, e-mail, and any other appropriate reference information. Breakdown of Work to be Performed by Sub-consultants: Proposers will identify the specific work to be performed by each of the sub-consultants and the percentage of that work as it compares to the entire scope of the project to completion. List and identify all key sub-consultants to be used on the project. Provide specific examples of appropriate experience of each sub-consultant firm and their key staff.

5.3.6 Section 3 – Understanding of Project Scope

Summarize your firm’s understanding of the scope of services to be provided as outlined in Section entitled, Scope of Services. Outline your plans to provide requested services when needed, and how your firm will assure it meets LAWA’s needs and expectations. Describe the approach and methodology for accomplishing a typical proposed project in an on-call environment. Discuss your firm’s ability to perform work in an active international airport environment within project schedule and budget. Discuss your firm’s ability to adapt to a changing environment and/or project requirements based on stakeholder requirements. Discuss your firm’s approach to Quality Control and the steps taken to minimize RFIs and changes based on errors and omissions. Describe how your firm handles the management of design review comments and your experience with LADBS and LARRS. Areas not discussed in this RFP, but which the Proposer believes to be essential to the effective performance and completion of these services should also be addressed in the proposal.

5.4. PART C – Multiplier Proposal

Proposers must submit the PART C - Multiplier Proposal along with proposals PART A and PART B. The Multiplier Proposal shall be submitted using the attached Multiplier Proposal Form (Attachment 3). The multiplier includes all overhead (field), general and


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administrative expenses and profit to be applied to direct labor. The field office overhead must be used in the multiplier calculation. The multiplier will be fixed for the full duration of the contract.

6. PROPOSAL FORMAT 6.1. LAWA Requirements

All proposals must be submitted in accordance with this RFP. Proposals shall be in writing and Proposers shall complete and return all applicable documents. If the proposal does not conform to LAWA’s requirements, the proposal may be deemed non-responsive and, therefore, not be considered for further evaluation. The contents of the proposal shall be complete in description and concise in volume. The proposal shall be in the format of a written report. Any supplementary artwork, visual aids, films, and other extraneous materials will not be accepted.

6.2. Preparation of PART A – Administrative Requirements 6.2.1. Part A – Number of Copies

Proposers are required to submit one (1) original and one (1) copy of the PART A – Administrative Requirements, as well as an electronic copy on CD or DVD. The hard copies of PART A shall be bound in a three-ring binder using 8½” by 11” (single-sided) pages with no staples.

6.3. Preparation of PART B – Written Proposal

6.3.1. PART B - Format • The font must be a minimum of 12-point lettering; • The cover letter shall not be more than one page (Please see ATTACHMENT

2 – PART B, Proposal Example Cover Letter Form); • The text for the Executive Summary shall not be more than three (3) pages;

and • The text of Part B of the proposals shall contain no more than 50 pages.

NOTE: Required attachments, cover letter, table of contents, executive summary, and resumes will not be considered part of the 50-page limit.

6.3.2. PART B – Number of Copies

Proposers are required to submit one (1) original of PART B – WRITTEN PROPOSAL signed in ink and eight (8) copies, as well as an electronic version on a CD or DVD. The hard copies of PART B shall be bound in a three-ring binder using 8½” by 11” pages with no staples.

6.4. Preparation of PART C – Multiplier Proposal

6.4.1. PART C – Format The PART C – Multiplier Proposal requires the proposer to submit the PART C - Multiplier Proposal on the attached LAWA form (Attachment 3) in a sealed envelope. The LAWA PART C must be submitted at the time and on the date dictated in this RFP. LAWA Airports Development Group (ADG) staff will require the qualified firms to submit their Audited Office Overhead Rate Calculation Sheets within one week of being contacted by LAWA staff.

6.4.2. PART C – Number of Copies

Proposers must submit one (1) original and one (1) copy of the PART C – MULTIPLIER PROPOSAL, in a separate sealed envelope labeled “Multiplier Proposal for Engineering Design Services at Los Angeles World Airports”. PART C must be submitted on the LAWA provided form attached to this RFP.


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6.5. Only One Proposal Accepted

LAWA will accept only one proposal for this RFP from any one Proposer. This includes proposals submitted under different names by one firm, corporation, partnership, or joint venture. Evidence of collusion among Proposers shall be grounds for exclusion of any Proposer who is a participant in any such collusion.

6.6. Authorized Signatures

When signing the Proposal, each party signing must 1) state that the facts represented in the proposal are true and correct, and 2) he or she has authority to sign on behalf of the contracting entity.

6.7. Joint Ventures or Partnerships

If the Proposer is a Partnership or Joint Venture, the Proposer must submit with its proposal a copy of the partnership or joint venture agreement. That agreement must describe the scope and amount of work each participant will perform and contain a provision that each participant will be jointly and severally liable to LAWA for completing all of the work and to third parties for all duties, obligations, and liabilities which arise out of the joint venture’s performance of the work. Each member of the Joint Venture or Partnership must respond to all elements of the Administrative Requirements separately (including Vendor Identification Forms, City Ethics Commission Forms etc.), and a copy of each joint venture or partnership agreement must be included with Part A - Administrative Requirements Forms.

6.8. Information Requested and Not Furnished The information requested and the manner of submission is essential to permit prompt evaluation of all proposals. Accordingly, LAWA reserves the right to declare as non-responsive and reject any proposals in which information was requested and was not furnished or when a direct or complete answer is not provided.

6.9. Proposal Errors 6.9.1. Omissions and Errors

Proposer is liable for all errors or omissions incurred by Proposer in preparing the proposal. Proposer will not be allowed to alter proposal documents after the due date for submission unless approved by LAWA in writing.

6.9.2. Corrections after Submission

LAWA reserves the right to make corrections or amendments due to errors identified in proposal by LAWA or the Proposer. This type of correction or amendment will only be allowed for errors such as typing, transposition, or any other obvious error. Any changes will be date and time stamped and attached to proposal. All changes must be coordinated in writing with and authorized by LAWA.

6.10. Incorrect Proposal Information

If LAWA determines that a Proposer has provided incorrect information for consideration in the evaluation process, which the Proposer knew or should have known, was materially incorrect, that proposal may be deemed non-responsive and the proposal may be rejected.


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LAWA AIRPORTS DEVELOPMENT GROUP RFP –On-Call Professional

Engineering Design Services Attn: Jamaal Avilez

7301 World Way West 9th Floor Los Angeles, CA 90045

6.11. Prohibition of Alternate Terms and Conditions Proposers may not submit their own Contract terms and conditions in response to this RFP. If a proposal contains supplemental terms and conditions, LAWA, at its sole discretion, may determine the proposal to be a non-responsive counter offer, and the proposal may be rejected. Optional offers submitted in addition to conforming proposals will not be reviewed.

6.12. Waiver of Minor Administrative Irregularities

LAWA reserves the right, at its sole discretion, to waive minor administrative irregularities contained in any proposal submitted for this RFP.

6.13. Cost of RFP

The City of Los Angeles and LAWA are not responsible for any costs incurred by Proposer while submitting proposals. All Proposers who respond to solicitations do so solely at their own expense.

6.14. Withdrawal of Proposals A proposer may withdraw their submitted proposal at any time prior to the specified due date and time. Requests must be in writing. After withdrawing a previously submitted proposal, the proposer may submit another proposal at any time up to the specified due date and time.

6.15. Right to Verify Information and References 6.15.1. Submitted Information

All information stated in the proposal shall be factual, truthful, and shall not be embellished or misrepresented in any manner. LAWA reserves the right to verify all submitted proposal information, including contacting the referenced clients, and possible use of the internet and social media.

6.15.2. Verifiable References Only

Proposers must only submit verifiable references, with current email and phone numbers for each reference. If LAWA is unable to verify the submitted references, your proposal may be deemed non-responsive.

6.15.3. Misrepresentations

Any information stated in the proposal found to be a misrepresentation of past experiences shall be considered as grounds for disqualification of the proposal and your firm may be banned from participation in future RFP’s from LAWA.

7. PROPOSAL SUBMISSION INSTRUCTIONS

7.1. Proposal Delivery Instructions The proposal packages shall be clearly identified and addressed as follows:

Label in Upper Left-Hand Corner Label in Center


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8. PROPOSAL EVALUATION CRITERIA

8.1. Initial Review After receipt of the proposals, LAWA will carefully review and evaluate all proposals that are deemed responsive to this RFP in accordance with the criteria set forth in this RFP.

8.2. Evaluation of PART A – Administrative Requirements

This evaluation is conducted on a Pass/Fail basis. The submission will be reviewed by LAWA to determine if it is complete. The Proposer’s failure to comply with the instructions or to submit a complete proposal may result in the proposal being deemed non-responsive.

8.3. Evaluation of PART B – Written Proposals

Part B - Written Proposals will be rated independently by members of the Evaluation Panel on how well the Proposer responded to each of the criteria identified herein.

8.4. Short-List of Qualified Proposers

Upon the completion of the written proposal evaluation process, LAWA reserves the right to develop a list of the most qualified proposers. If only one (1) proposer responds to the RFP, LAWA may award to that Proposer, re-solicit for new proposals, or cancel the RFP.

8.5. Interview Evaluation Criteria

LAWA will provide a written invitation to selected Proposers. The written invitation will detail instructions, agenda, location, and time for all invited Proposers to attend the interview. If conducted, interviews will be based on the evaluation panel using all the evaluation criteria established for the written proposals, and by applying the same relative weights assigned to these criteria as listed. The scores of the written and interview evaluations will be averaged to determine the proposer’s overall score for Part B. LAWA may determine that a second round of interviews is required to obtain the information necessary to fully evaluate the Proposers.

8.6. Evaluation of PART C – Multiplier Proposal

The fully-loaded multiplier represents 20 points out of the 100 points possible for each panel member’s score. After the interview process, the multiplier proposals shall be opened and the points calculated by LAWA staff. The firm with the lowest fully-loaded multiplier will receive the full 20 points and all other proposers will receive a proportional share of points in relation to the lowest multiplier. For example: If Firm X is lowest with a multiplier of 2.25, Firm X receives the maximum 20 points. Every other Proposer will receive a proportion of points based on the following formula:

Lowest Firm X’s multiplier x 20 Points Firm Y’s multiplier The formula is (Lowest Firm X’s multiplier divided by Firm Y’s Multiplier) multiplied by twenty points.

Therefore, if Firm Y is at 2.5 (2.25 divided by 2.5) x 20 points = 18 points for Firm Y. Therefore, If Firm Z is at 2.75 (2.25 divided by 2.75) x 20 points = 16.4 points for Firm Z.


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The multiplier is subject to verification by LAWA. LAWA will review and substantiate the overhead rate of the highest ranked Proposer. If LAWA determines the overhead to be inaccurate and the actual audited overhead rate is out of alignment with the loaded multiplier submitted by the Proposer, the firm may be deemed non-responsive and LAWA reserves the right to award to the next highest scoring firm. In the event of a mathematical error in the overhead/multiplier submitted by the Proposer, LAWA reserves the right to correct the error if it is deemed by LAWA to be in the best interest of the City of Los Angeles. LAWA intends to enter into one or more professional services contract(s) with the top scoring Proposer(s). Billing rates will be established based on labor classifications at actual hourly rates not to exceed the maximum allowed hourly rates as set forth in Exhibit B of the contract (included in this RFP as Attachment 4 – Contract Documents). The multiplier as submitted in Proposal Part C shall only be applied to the raw labor for the Prime Consultant. Other direct costs will be allowed per contract at cost with no mark-up. Subconsultants will be added after contract award and will be allowed a fixed 7% profit fee. Each subconsultant’s multiplier will be calculated using the fixed 7% profit fee. The Prime consultant will be allowed a 3% management markup on subconsultant’s labor only.

8.7. Weighted Criteria

The following criteria will be used to evaluate the proposals: Criteria Description Criteria Weight Compliance with Administrative Requirements Pass/Fail Firm’s Experience 20 points Experience on projects of similar scope and complexity; Demonstrated capability of timely completion of comparable projects; Demonstrated capability of on-budget completion of comparable projects; Past Performance and References. Experience with LADBS and LARRS.

Team Identification & Organization 35 points Team members with experience and qualifications that cover project scope; Key Staff’s experience on designs of similar scope and complexity; Key Staff’s experience with timely completion of comparable designs; Key Staff’s experience with on-budget completion of comparable designs; Key Staff’s references; Sub-consultant Availability and Experience; Sub-consultant References.

Understanding of Project Scope 25 points Demonstrated understanding of scope of services based upon the submitted work

plan; Understanding of project phasing for active airfield sites; Design Requirements in an active airport environment; Scheduling, Permitting, and Organization; Coordination with Stakeholders; Capability to perform work in an integrated team environment, all within the project

schedule and budget requirements.


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Process for producing high quality documents.

Multiplier Proposal 20 points

Fully-loaded multiplier

9. INTERPRETATIONS AND CLARIFICATIONS 9.1. Requests in Writing

The Proposer may request, in writing, a clarification or interpretation of any aspect of the RFP Documents. Such requests must be made in writing by email to:

Jamaal Avilez, Procurement Supervisor [email protected]

Subject: RFP – On Call Professional Engineering Design Services

9.2. Deadline for Questions All questions must be received no later than 14 calendar days before the date and time set for receipt of proposals. All RFP documents and related documents including applicable questions and answers will be posted on and downloadable from the following City of Los Angeles website: Business Assistance Virtual Network (LABAVN):

www.LABAVN.org

9.3. Oral Inquiries LAWA will not accept or respond to oral inquiries. The City of Los Angeles and LAWA is not responsible for any answers not published on the LABAVN website.

9.4. Response to Questions

If LAWA determines that a decision or interpretation requires that an addendum to the RFP document be issued, such addendum will be in writing, signed by LAWA, and published on LABAVN. It shall be the Proposer’s responsibility to ensure it has reviewed all such interpretations or clarifications.

9.5. Prohibited Communications

Proposers may not directly contact or communicate with any LAWA employee (with the exception of the identified LAWA Procurement Supervisor or identified LAWA Contracts Manager), or elected official in relation to the selection process at any time prior to the notification that the contract has been awarded. Until notification of the award is published on the City of Los Angeles, Los Angeles Business Assistance Virtual Network, all communications must be in writing and follow the instruction in this RFP. Failure to comply with these procedures may result in disqualification of the involved firm, at the sole discretion of LAWA.

10. ADDENDA 10.1. Right to Revise RFP

LAWA reserves the right to revise the RFP documents at any time. Any such revision(s) shall be done exclusively through, and described in, addenda to the RFP, which shall be published, on LABAVN.

10.2. Postponing Due Date

If LAWA determines that the addenda may require significant changes to the Scope of Services, the deadline for submitting the proposals may be postponed by the number of days that LAWA determines will allow Proposers sufficient time to revise their

mailto:[email protected]

http://www.labavn.org/


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proposals. Any new submittal deadline date for delivering proposals to LAWA shall be included in the addenda. Any postponement will be published on LABAVN.

10.3. Addenda Availability

Each addendum will be published on the LABAVN web site. Addenda so issued are to be considered a part of this RFP.

10.4. Proposers Responsibility

It shall be the Proposer’s responsibility to ensure it has received and reviewed all such addenda to the proposal documents. LAWA may disqualify the proposer for any failure to acknowledge receipt of addenda. Proposers must acknowledge receipt of all addenda with their proposal.

11. CITY POLICIES AND AGREEMENTS 11.1. Validity Period of Proposal

All proposal submissions under this RFP must be valid up to and including until after a contract for the work described in these proposal documents is fully executed by LAWA.

11.2. Administrative Requirements Please see Attachment 1, Part A – Administrative Requirements, which include the following topics and required forms: • Vendor Identification Form* • Affidavit of Non-Collusion Forms* • Campaign Contribution Restrictions (CEC 55 Forms)* • Contractor Responsibility Program* • Municipal Lobbying Ordinance* • Small Business Enterprise Program* • Subcontractor Participation Plan* • Affirmative Action • Assignment of Anti-Trust Claims • Child Support Obligations • Equal Benefits Ordinance Forms • First Source Hiring (language only) • Insurance Requirements (language only) • Living Wage Ordinance

*Required forms to be turned in with the proposal.

11.3. Small Business Enterprise Program

Professional services contracts made and entered into by the City of Los Angeles are subject to the Small Business Enterprise Utilization and Equal Employment Opportunity Rules adopted by the City of Los Angeles. LAWA Procurement Services Division has reviewed this scope of work and has established a mandatory 20% Small Business Enterprise (SBE) goal for this scope of service.

11.4. Right to Reject Proposals

LAWA reserves the right to reject any or all proposals; to waive any informality in the proposals when, to do so, would be to the advantage of LAWA; to reject any unapproved alternate proposal(s); and reserves the right to reject the proposal of any Proposer who has previously failed to perform competently in any prior business relationship with the City of Los Angeles or LAWA. The receipt of proposals shall


15

NOT in any way, obligate LAWA, the Board of Airport Commissioners, or the City of Los Angeles to enter into an agreement, or any other contract of any kind with any prospective Proposer.

11.5. Proposer Disqualification for Attempted Improper Influence

Any attempt by a Proposer to improperly influence a member of the Evaluation Panel directly or indirectly during the proposal evaluation and scoring process will result in the elimination of that Proposer from consideration.

12. PROPERTY OF CITY/PROPRIETARY MATERIAL

12.1. Subject to Public Records Act All proposals submitted in response to this RFP shall become the property of the City of Los Angeles and LAWA and subject to the State of California Public Records Act. Proposers must identify all copyrighted material, trade secrets, or other proprietary information that the proposers claim are exempt from the California Public Records Act (California Government Code Section 6250 et seq.).

12.2. Exemption from Public Records Act

In the event a Proposer claims such an exemption, the Proposer is required to state in the proposal the following: “The Proposer will indemnify the City of Los Angles and its officers, employees and agents, and hold them harmless from any claim or liability and defend any action brought against them for their refusal to disclose copyrighted material, trade secrets, or other proprietary information to any person making a request therefore.” Failure to include such a statement shall constitute a waiver of a Proposer’s right to exemption from this disclosure.

13. AWARD OF CONTRACT

13.1. Non Assignments No contract or portion thereof may be assigned without consent of the Board of Airport Commissioners.

13.2. Execution of Contract

The Proposer may not limit, change, modify or qualify the contract terms and conditions in its proposal. The successful Proposer will be required to execute a contract with the same terms and conditions as those set forth in Attachment 4 – CONTRACT DOCUMENTS. The Proposer recommended by the Executive Director for award will be required to execute the Contract PRIOR to the meeting at which the LAWA Board of Airport Commissioners will consider the award. The Proposer must satisfy the insurance requirements as set forth in the Administrative Requirements prior to commencing the work on the contract.

13.3. Recommendation for Award of Contract

The Evaluation Panel will recommend to LAWA Executive Director that the LAWA Board of Airport Commissioners (Board) award a contract to the most responsive and responsible firm as evaluated as the best value to LAWA. If for any reason, a contract cannot be successfully finalized with the highest scoring Proposer, LAWA reserves the right to award to the next highest scoring Proposer. The Contract awarded by the Board of Airport Commissioners is subject to review by the Los Angeles City Council. The Proposer who is recommended by the Executive Director for award of a contract will be required to execute the contract prior to the


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Board meeting at which the Board will consider the award. No contract is final and binding until approved by the Board.

13.4. Contract Term

The City will require the consultant(s) to provide complete On Call Professional Engineering Design Services for a period of five (5) years from the date of Notice to Proceed.

14. PROTESTS OF RFP CONTENT AND PROTESTS OF AWARD

14.1. Mandatory Time Limits The procedures and time limits set forth in this section are mandatory and are the proposer’s sole and exclusive remedy in the event of protest. Failure to comply with these procedures will constitute a waiver of any right to further pursue the protest, including filing a Government Code claim or legal proceedings.

14.2. Purpose of Procedures

The purpose of the following procedures is to provide a method for resolving, prior to receipt of proposals, protests regarding the content of this RFP, or prior to award, protests regarding the award of contracts by LAWA. This procedure will enable the Board to ascertain all of the facts necessary to make an informed decision regarding the award of the contract.

14.3. Protests of RFP Content A protest and all required copies relative to the content of the Request For Proposals (RFP), must be submitted in detail, in writing, signed by the Protestor or by a representative of Protestor, and received in the offices of the Los Angeles City Attorney’s Office, Airport Division, and the Office of the Board, at the below addresses, before 5:00 p.m. of the fifth business day after issuance of the RFP by LAWA. The protest shall contain a full and complete statement specifying, in detail, the factual grounds and legal basis of the protest of the content of the RFP. The protest shall refer to the specific portion of the RFP, or other related document that forms the basis for the protest. The protest must include the name, address, and telephone number of the Protestor and Protestor’s representatives. All protests must be addressed to: The Office of the City Attorney, Airport Division 1 World Way, Room 104 Los Angeles, CA 90045 with a copy to the: Secretary of the BOAC 1 World Way Los Angeles, CA 90045 Only protests meeting the above criteria will be reviewed and submitted to the Board. The Board will issue its decision regarding the protest. If the Board determines that the protest was frivolous, the party originating the protest may be determined by the Board to be non-responsible and that party may be determined to be ineligible to submit a proposal in response to this RFP.


17

14.4. Protests of Recommended Award A protest and all required copies relative to a recommendation to award of a contract to a particular Proposer on this RFP, must be submitted in detail, in writing, signed by the Protestor or by a representative of Protestor, and received in the offices of the Los Angeles City Attorney’s Office, Airport Division, and the Office of the Board, at the below addresses, before 5:00 p.m. of the fifth business day after the notification of the recommendation for award. The protest shall contain a full and complete statement specifying, in detail, the factual grounds and legal basis of the protest. The protest shall refer to the specific portion of the RFP, any submitted proposal, or other document that forms the basis for the protest. The protest must include the name, address, and telephone number of the Protestor and Protestor’s representatives. All protests must be addressed to: The Office of the City Attorney, Airport Division 1 World Way, Room 104 Los Angeles, CA 90045 with a copy to the: Secretary of the BOAC 1 World Way Los Angeles, CA 90045 The party filing the protest must, at the same time as delivery to the City Attorney’s office and the Secretary of the Board as set forth above, deliver a copy of the protest and any accompanying documentation to all other parties with a direct financial interest that may be adversely affected by the outcome of the protest. Such parties shall include all other Proposers. The Board will only consider protests by any Proposer(s) who appear(s) to have a substantial and reasonable prospect of receiving an award if the protest is sustained.

14.5. Only Valid Protests Considered

Only protests meeting the above criteria will be reviewed and submitted to the Board. Protesting and potentially affected parties will be notified of the time and date that the protest will be discussed in a public session of the Board. Protesting parties will be given an opportunity to present their arguments at the public session.

14.6. Frivolous Protests

Following the public discussion of the protest, the Board will issue its decision regarding the protest. If the Board determines that the protest was frivolous, the party originating the protest may be determined by the Board to be non-responsible and that party may be determined to be ineligible for future contract awards.

15. ADDITIONAL LEGAL INFORMATION

15.1. Reproduction and Personal Use of Information LAWA shall be free to use as its own, without payment of any kind or liability therefore, any idea, scheme, technique, suggestion, layout, or plan received during this proposal process.


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15.2. Expense, Ownership, and Disposition LAWA shall not be responsible in any manner for the costs associated with the submission of the proposals. The proposals, including all drawings, plans, photos, and narrative material, shall become the property of LAWA upon receipt by LAWA. LAWA shall have the right to copy, reproduce, publicize, or otherwise dispose of each submittal in any way that LAWA selects.

15.3. City Held Harmless

The following is the “City Held Harmless” language that will be included in the successful Proposer’s contract.

15.3.1. Indemnification of City

To the fullest extent permitted by law, Consultant shall 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 Consultant and/or Consultant’s agents or employees) by reason of injury to, or death of, any person(s) (including Consultant and/or Consultant’s agents or employees), or for damage to, or destruction of, any property (including property of Consultant and/or Consultant’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 Consultant’s and/or Sub-Consultant’s 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; Provided, however, that where such suits, claims, causes of action, liability, losses, damages, demands or expenses arise from Consultant’s professional services as defined by California Civil Code section 2782.8, Consultant’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 Consultant’s negligence, recklessness or willful misconduct in the performance of the Contract.

15.3.2. Additional Indemnification

In addition, Consultant 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 Consultant 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. Consultant agrees to, and shall, pay all damages, settlements, expenses and costs, including 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.

15.3.3. Consultant’s Defense of the City

In Consultant’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.


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15.3.4. Survival of Indemnities The provisions of this section shall survive the termination of this Agreement.

16. COMPLIANCE WITH ALL LAWS

In rendering the services required, the Consultant Team shall include all necessary consultations and conferences with officers and employees of City of Los Angeles, representatives of the Board, public officials, and others for the performance and completion of the work under a contract for services under this RFP and other related aspects therefore.

All services required for this project must be in accordance with all applicable federal, state, and local laws, statutes, ordinances, orders, rules, regulations, and policies for airport projects and shall hold all necessary consultations and conferences with personnel of any and all City, County, State, and Federal agencies, as applicable. The selected proposers will be required to research code, obtain approvals and permits from the applicable regulatory agencies, such as, but not limited to the City of Los Angeles Department of Building and Safety, Fire Department, County of Los Angeles, South Coast Air Quality Management District (SCAQMD), State Water Resources Control Board (SWRCB), Federal Aviation Administration (FAA), and Transportation Security Administration (TSA).

17. CONTRACT DOCUMENTS

See Attachment 4 for the Contract Documents. Included with the Contract are the Maximum Billable Rates Sheet and Cost Reimbursable Guidelines. Please note that the terms and conditions indicated on the Contract are not negotiable. The successful proposers must be prepared to sign a contract with the same terms and conditions as the draft contract attached upon selection to provide On Call Professional Engineering Design Services. Any questions pertaining to the contract language should be addressed during the RFP process.

ATTACHMENTS: Attachment 1: Proposal Part A - Administrative Requirements Attachment 2: Proposal Part B – Proposal Example Cover Letter Attachment 3: Proposal Part C - Multiplier Proposal Submittal Attachment 4: Draft Contract Documents Attachment 5: Key Staff Personnel Resume Format

End of Instructions to Proposers


RFP ATTACHMENT 1

PROPOSAL PART A - ADMINISTRATIVE REQUIREMENTS

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Adm

inis

trat

ive

Req

uire

men

ts

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Administrative Requirements Forms and explanatory documents for each of the following administrative requirements are identified below and are included in the respective sections of this package. Also included, as the final section, is a checklist to assist your proper completion of the required forms prior to bid/proposal submittal. This checklist should be used by Bidders/Proposer to prepare an Administrative Requirements Packet, which must include original, signed documents, and submitted with your bid/proposal. For Joint Ventures, each partner in the joint venture must submit administrative requirements forms separately, unless the Joint Venture partnership has been legally formalized and documented. This Packet should be bound separately from other parts of your bid/proposal and clearly labeled “Administrative Requirements Packet”. Additional copies of the Packet are not required to be submitted. The following administrative requirements may reference the Los Angeles City Charter (LACC), Los Angeles Municipal Code (LAMC), or Los Angeles Administrative Code (LAAC). For further information or assistance regarding all administrative requirements, contact:

Los Angeles World Airports Procurement Services Division P O Box 92216 Los Angeles, CA 90009-2216 Phone: (424) 646-5380 Fax: (424) 646-9262 E-mail: [email protected] Internet: www.lawa.org –> About LAWA -> Business Opportunities - > Administrative Requirements

1. VENDOR IDENTIFICATION FORM (The original signed form must be included with bid/proposal)

The Vendor ID form requires general information about a bidder/proposer’s business as well as the Seller’s Permit and the Business Tax Registration Certificate (BTRC) numbers, Payment Terms, Equal Employment Opportunity Officer contact information, and data on the firm’s City of Los Angeles contracts (if applicable).

• Seller’s Permit Number

The Seller’s Permit Number is required if the vendor is engaged in business in California; intends to sell or lease tangible personal property that would ordinarily be subject to sales tax if sold at retail; will make sales for a temporary period, normally lasting no longer than 30 days at one or more locations. The enforcing agency for this requirement is the Board of Equalization, the Sales and Use Tax Department. Additional information regarding this requirement can be found at http://www.boe.ca.gov/sutax/sutprograms.htm.

• Payment terms

Payment terms represent LAWA’s conditions under which the vendor will be reimbursed for his/her services or sold goods. Typically, these terms specify the period allowed to a buyer to pay off the amount due.


http://www.lawa.org/

http://www.boe.ca.gov/sutax/sutprograms.htm



http://www.businessdictionary.com/definition/condition.html

http://www.businessdictionary.com/definition/term.html

http://www.investorwords.com/3669/period.html

http://www.businessdictionary.com/definition/buyer.html

http://www.businessdictionary.com/definition/pay.html

http://www.investorwords.com/205/amount.html

http://www.businessdictionary.com/definition/due.html

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• Business Tax Registration Certificate

Pursuant to the LAMC, Chapter 2, Article 1, Section 21.03, persons engaged in any business or occupation within the City of Los Angeles are required to register and pay the required tax. Businesses, including vendors, subject to this tax are issued a Business Tax Registration Certificate (BTRC) or a Vendor Registration Number (VRN). Information regarding this requirement may be obtained at Office of Finance, Tax & Permit Division, 200 N. Spring St., Room 101, Los Angeles, CA 90012, Phone: (213) 473-5901, Web: http://www.lacity.org/finance/.

• List of Other City of Los Angeles Contracts (during previous ten years)

Pursuant to City of Los Angeles Resolution No. 56 (Council File #98-1331) adopted by Los Angeles City Council on July 21, 1998, Bidders/Proposers must submit a list of all City of Los Angeles contracts held within the last ten (10) years. For additional information regarding all LAWA administrative requirements, please contact Procurement Services at (424) 646-5380 or visit our website at www.lawa.org -> About LAWA -> Business Opportunities - > Administrative Requirements. 2. AFFIDAVIT OF NON-COLLUSION (The original signed form must be included with bid/proposal) Pursuant to the LAAC, Division 10, Chapter 1, Article 2, Section 10.15, each bid/proposal must include the attached affidavit of the Bidder/Proposer that the bid/proposal is genuine, and not a sham or collusive, or made in the interest or on behalf of any person, and that the Bidder/Proposer has not directly or indirectly induced or solicited any other Bidder/Proposer to submit a sham bid, or any other person, firms, or corporation to refrain from bidding, and that the Bidder/Proposer has not sought by collusion to secure for himself/herself an advantage over any other Bidder/Proposer. Bidders/Proposers must complete, notarize, and submit the attached “Affidavit to Accompany Proposals or Bids” with the bid/proposal. Failure to include an Affidavit with the bid/proposal will render the bid/proposal non-responsive and will result in its rejection. Attachment: • Affidavit to Accompany Proposals or Bids 3. BIDDER CONTRIBUTIONS CEC FORM 55 (CONTRACT BIDDER CAMPAIGN

CONTRIBUTION AND FUNDRAISING RESTRICTIONS) (The original signed form must be included with bid/proposal)

Persons who submit a response to this Request for Bid/Proposal/Qualifications are subject to Charter section 470(c)(12) and related ordinances. As a result, bidders/proposers/respondents may not make campaign contributions to and or engage in fundraising for certain elected City officials or candidates for elected City office from the time they submit the response until either

http://www.lacity.org/finance/


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the contract is approved or, for successful bidders/proposers/respondents, 12 months after the contract is signed. The bidder's/proposer’s/respondents’ principals and subcontractors performing $100,000 or more in work on the contract, as well as the principals of those subcontractors, are also subject to the same limitations on campaign contributions and fundraising. Bidders/Proposers/Respondents must submit CEC Form 55 (attached) to LAWA with their bid/proposal/Statement of Qualifications. The form requires bidders to identify their principals, their subcontractors performing $100,000 or more in work on the contract, and the principals of those subcontractors. Bidders/Proposers/Respondents must also notify their principals and subcontractors in writing of the restrictions and include the notice in contracts with subcontractors. Responses submitted without a completed CEC Form 55 shall be deemed nonresponsive. Bidders/Proposers/Respondents who fail to comply with City law may be subject to penalties, termination of contract, and debarment. Additional information regarding this requirement may be obtained at: 200 N. Spring Street City Hall, 24th Floor Los Angeles, California 90012 (213) 978-1960 (213) 978-1988 [Fax] [email protected] Web: http://ethics.lacity.org Attachments: • Bidder Contributions CEC Form 55 • Los Angeles City Ethics Commission Special Bulletin, available at

http://ethics.lacity.org/pdf/pressrelease/press_042511_New_Charter_Amend_Limits_Bidder_Bulletin.pdf

4. CONTRACTOR RESPONSIBILITY PROGRAM (The original signed form must be included with

bid/proposal) Pursuant to Resolution No. 21601 adopted by the Board of Airport Commissioners, effective May 20, 2002, the Contractor Responsibility Program (CRP) is the policy of Los Angeles World Airports (LAWA) to ensure that all LAWA contractors have the necessary quality, fitness and capacity to perform the work set forth in the contract. LAWA shall award contracts only to entities and individuals it has determined to be Responsible Contractors. The provisions of this Program apply to leases and contracts for construction, for services, and for purchases of goods and products that require Board approval. Bidders/Proposers are required to complete and submit with the bid/proposal the attached “Contractor Responsibility Program Questionnaire” that provides information LAWA needs in order to determine if the Bidder/Proposer is responsible and has the capability to perform the contract. The information contained in the CRP Questionnaire is subject to public review for a period of not less than 14 days. Bidders/Proposers are also required to complete, sign and submit with the bid/proposal the attached “Contractor Responsibility Program Pledge of Compliance.” Bidders/Proposers are also required to respond within the specified time to LAWA’s request for information and documentation needed to support a Contractor

http://ethics.lacity.org/



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Responsibility determination. Subcontractors will be required to submit the Pledge to the prime contractor prior to commencing work. For the list of Contractor Responsibility Program respondents, please visit our website www.lawa.org -> About LAWA -> Business Opportunities - > Administrative Requirements - > Contractor Responsibility Program -> Contractor Responsibility Program Questionnaire Respondents. Attachments: • Contractor Responsibility Program Questionnaire • Contractor Responsibility Program Pledge of Compliance 5. EQUAL BENEFITS ORDINANCE Any contract awarded pursuant to this procurement process shall be subject to the applicable provisions of the Los Angeles Administrative Code Section 10.8.2.1, Equal Benefits Ordinance (EBO). The EBO requires City contractors who provide benefits to employees with spouses provide the same benefits to employees with domestic partners. Domestic partners are defined as two adults living together, jointly responsible for living expenses, committed to an intimate and caring relationship and registered as domestic partners with a governmental entity. Bidder/Proposer must submit the Equal Benefits Ordinance Compliance Affidavit (2 pages) with Bid/Proposal. The Equal Benefits Ordinance Compliance Affidavit shall be valid for a period of twelve months. However, the City may request supporting documentation to verify that the benefits are provided equally as specified on the Equal Benefits Ordinance Compliance Affidavit. Bidders/Proposers seeking additional information regarding the requirements of the Equal Benefits Ordinance may visit the Bureau of Contract Administration’s web site at http://bca.lacity.org or call Procurement Services at (424) 646-5380. Attachment: • EBO Compliance Affidavit 6. INSURANCE Pursuant to LAAC, Division 11, Chapter 2, Article 2, Section 11.47 and the Risk Management Policy (Council File #79-3194-S1) adopted by Los Angeles City Council on March 1, 1991, the City of Los Angeles is to be protected to the maximum extent feasible, against loss or losses which would significantly affect personnel, property, finances, or the ability of the City to continue to fulfill its responsibilities to taxpayers and the public. Consequently, prior to commencing work, the selected Bidder/Proposer must provide evidence of insurance that conforms to the insurance requirements of the bid/proposal. Insurance requirements which specifically outline the types and amounts of coverage required for this project are explained in detail in the attached language and “Insurance Requirement Sheet”. Successful Bidder/Proposer and their subcontractors must provide acceptable evidence of insurance as explained in the attachments prior to commencing work on the contract. Said


http://www.lawa.org/Procurement/Contractor_Questionnaire/QuestionnairesListing.aspx

http://www.lawa.org/Procurement/Contractor_Questionnaire/QuestionnairesListing.aspx

http://bca.lacity.org/

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acceptable evidence of insurance must remain current throughout the term of the contract and be on file with the Insurance Compliance Unit in order to receive payment under any contract with the City of Los Angeles. Attachments: • Insurance Requirement Sheet • Insurance Language • Frequently Asked Questions Additional information is available at www.lawa.org -> About LAWA -> Business Opportunities -> Administrative Requirements -> Insurance 7. MUNICIPAL LOBBYING ORDINANCE (The original signed form must be included with

bid/proposal) Pursuant to the Los Angeles Municipal Code, Section 48.09, all bids/proposals must include a copy of the Municipal Lobbying Ordinance in one of the following formats: on paper, in an electronic format, or through a link to an online version of the ordinance. The City's Municipal Lobbying Ordinance requires certain individuals and entities to register with the City Ethics Commission and requires public disclosure of certain lobbying activities, including money received and spent. Additionally, for all construction contracts, public leases, or licenses of any value and duration; goods or service contracts with a value greater than $25,000 and a term of at least three months, each bidder/proposer must submit with its bid a certification, on a form (CEC Form 50) proscribed by the City Ethics Commission, that the bidder acknowledges and agrees to comply with the disclosure requirements and prohibitions established in the Los Angeles Municipal Lobbying Ordinance, if the bidder qualifies as a lobbying entity. Failure to submit the Bidder Certification CEC Form 50 with the bid/proposal may render the bid/proposal non-responsive. Additional information regarding this requirement may be obtained at: 200 N. Spring Street City Hall, 24th Floor Los Angeles, California 90012 (213) 978-1960 (213) 978-1988 [Fax] [email protected] Web: http://ethics.lacity.org Attachments: • Municipal Lobbying Ordinance, available at http://www.lawa.org/welcome_LAWA.aspx?id=586 • Bidder Certification CEC Form 50, available at

http://www.lawa.org/welcome_LAWA.aspx?id=586


http://ethics.lacity.org/

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8. SMALL BUSINESS ENTERPRISE PROGRAM (The original signed SBE Affidavit must be included with bid/proposal)

The Los Angeles World Airports (LAWA) is committed to creating an environment that provides all individuals and businesses open access to the business opportunities available at LAWA. Pursuant to the provisions of Resolution No. 24820 of the Board of Airport Commissioners, LAWA’s Small Business Enterprise (SBE) Program was created to provide additional opportunities for small businesses to participate in construction, non-professional, professional, and personal services projects valued over $150,000. The SBE Program is a results-oriented program, requiring firms that receive contracts from LAWA to utilize certified SBEs. Based on the work to be performed, the mandatory SBE participation level for this project has been set at 20% SBE. Failure to meet this SBE participation level may disqualify bidding/proposing firms from being considered for award of the contract. Primes shall be responsible for determining the SBE status of its subcontractors at the time of bid/proposal submission for purposes of meeting the mandatory SBE requirement. A subcontractor must qualify as an SBE based on the type of work it will be performing on the project. If the prime contractor is an SBE, the prime’s participation in the contract will count as 100% SBE. Attachments: • Frequently Asked SBE Questions • SBE Affidavit • SBE Subcontractor Participation Plan The following supplementary information is available at www.lawa.org: • SBE Rules and Regulations • SBE Certification Application and Information ADMINISTRATIVE REQUIREMENTS THAT DO NOT REQUIRE FORMS

The following administrative requirements are language only. They are included as ATTACHMENT 1. Submit any questions you may have regarding these ordinances to the LAWA Procurement Services Division at [email protected] or at (424) 646-5380.

• Affirmative Action • Assignment of Anti-Trust Claims • Child Support Obligations • First Source Hiring • Living Wage Ordinance


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Administrative Requirements Checklist BIDDERS/PROPOSERS (PRIME CONTRACTORS) MUST SUBMIT THE FOLLOWING ORIGINAL, SIGNED DOCUMENTS, WITH THEIR PROPOSAL, AS INDICATED 1. VENDOR IDENTIFICATION FORM

Is the required Vendor Identification Form completed and signed? Is the BTRC/VRN number provided? Is the EEOO contact information provided? Is the list of previous City contracts attached? (If applicable) Is the Form enclosed in the Packet?

2. AFFIDAVIT OF NON-COLLUSION

Is the “Affidavit to Accompany Proposals or Bids” completed and signed? Is the Affidavit notarized? Is the Affidavit enclosed in the Packet?

Failure to include an Affidavit with the bid/proposal will render the bid/proposal non-responsive and will result in its rejection.

3. BIDDER CONTRIBUTIONS

Is the required Bidder Contribution CEC Form 55 completed and signed? Is the Form enclosed in the Packet?

Failure to include the Bidder Contribution CEC Form 55 with the bid/proposal will render the bid/proposal non-responsive and will result in its rejection.

4. CONTRACTOR RESPONSIBILITY PROGRAM Is the required "Contractor Responsibility Program Questionnaire" completed and signed? Is the Questionnaire enclosed in the Packet? Is the required "Contractor Responsibility Program Pledge of Compliance" completed and signed? Is the Pledge of Compliance enclosed in the Packet?

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5. EQUAL BENEFITS ORDINANCE

Is the EBO Compliance Affidavit Form completed and signed? Is the Form enclosed in the Packet?

6. MUNICIPAL LOBBYING ORDINANCE

Is the required Bidder Certification CEC Form 50 completed and signed? Is the Certification enclosed in the Packet?

7. SMALL BUSINESS ENTERPRISE PROGRAM

Is the Subcontractor Participation Plan completed and enclosed? Is the SBE AFFIDAVIT completed and enclosed? If applicable, is a copy of the SBE certification enclosed?

THE FOLLOWING REQUIREMENTS DO NOT REQUIRE THE COMPLETION OF FORMS BUT MAY BE INCORPORATED AS PROVISIONS OF THE CONTRACT: 8. AFFIRMATIVE ACTION

Have you read and agreed with the City of Los Angeles’ Non-discrimination, Equal Employment and Affirmative Action provisions?

9. ASSIGNMENT OF ANTI-TRUST CLAIMS

Have you read and agreed with California Government Code Sections 4550 – 4554?

10. CHILD SUPPORT OBLIGATIONS

Have you read and agreed with Child Support Obligations provisions?

11. FIRST SOURCE HIRING PROGRAM

Have you read and agreed with First Source Hiring Program provisions?

12. LIVING WAGE ORDINANCE

If you are claiming exemption from said Ordinances:

Is the appropriate Exemption form completed and signed? Is the Exemption form enclosed in the Packet?

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IF YOU ARE AWARDED THE CONTRACT AND PRIOR TO EXECUTION OF THE CONTRACT:

Prime contractors are required to submit to LAWA forms pertaining to the following requirements: • Business Tax Registration Certificate • Insurance

Subcontractors are required to submit to prime contractors, who then must submit to LAWA, when requested, the subcontractors’ forms pertaining to the following requirements: • Business Tax Registration Certificate • Contractor Responsibility Program Pledge of Compliance • Insurance • Living Wage Ordinance (exception form, if applicable)

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This form is available in interactive format at http://www.lawa.org - > About LAWA - > Business Opportunities -> Administrative Requirements.

* For instructions and additional information, please go to http://www.lawa.org -> About LAWA -> Business Opportunities - > Administrative Requirements, call us at 424-646-5380 or write to [email protected].

Los Angeles World Airports, Procurement Services Division, April 2010.

VENDOR IDENTIFICATION FORM

ALL FIELDS MUST BE COMPLETED, IF REQUIRED; INCOMPLETE FORMS WILL NEED TO BE RESUBMITTED.

GENERAL INFORMATION Legal Name: _______________________________________ Doing Business As: ___________________________________Are you an independent contractor eligible to receive a 1099-

MISC? No Yes . EIN or SSN: ______________________

(A TIN (SSN or EIN) and W-9 are required)

License or Registration Number (if applicable): ____________

Seller’s Permit Number* (if applicable): ___________________

Payment Terms * (code):

Ownership: Individual / Sole Proprietor Corporation Partnership Governmental Entity Other (specify): ______________________________

BTRC/Vendor Registration Number*:

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BTRC/VRN application pending (please attach the application)

Are you subject to non-resident withholding under California Revenue and Taxation Code Section 18662? No Yes

BUSINESS ADDRESS Street:___________________________ Suite #: ________ Contact Person: _____________________________________City: ________________________________________________ Contact Person’s Title: ________________________________State: _____________ Zip Code: _________________ Fax: ___________________ Phone: ______________________Website: ___________________________________________ Email: _______________________________________________Remittance address (if required and different from the above): _________________________________________________________

BUSINESS INFORMATION Service Area: International National Regional Local Years in Business: _______ Number of Employees: ________

BUSINESS CERTIFICATION (Check all that apply) Woman-Owned Business Enterprise (WBE)

Minority Business Enterprise (MBE)

Small Business Enterprise (according to SBA criteria)

Minority Women Business Enterprise (MWB)

Disadvantaged Business Enterprise (DBE)

Airport Concessions Disadvantaged Business Enterprise

Small and Local Business Enterprise (SLB)

If required, please attach copies of all applicable certifications.

NON-DISCRIMINATION, EQUAL EMPLOYMENT AND AFFIRMATIVE ACTION COMPLIANCE EEO Officer (name): __________________________________ Phone Number: _______________________________________EEO Officer’s Title: ___________________________________ Email: _______________________________________________Have you had contracts with the City of Los Angeles in the last 10 years? No Yes . If ‘yes’, please attach an additional sheet with Contract Number, Department, Description and Dollar Value.

CERTIFICATION

The undersigned declares and certifies that all statements on this form are true and correct. The undersigned agrees to notify Procurement Services Division immediately of any changes to the information contained herein. The undersigned has read and agreed with the administrative requirements set for this project, and provided as a check list in the bid/proposal package, and will comply with them for the duration of the contract if selected.

Authorized Signature _________________________________

Date __________________________________ _____________

Print Name __________________________________________

Title ________________________________________________

For LAWA use only: Project name: _________________________________________________________________ Project No:_________________ Requesting Division: ___________________________________ Contact Person: _____________________________________ SAP Action (send the form to FAMIS Support Desk): Create Change Block Delete New Ordering Address


http://www.lawa.org/uploadedFiles/LAWA/Business/LAWA_PAYMENT_TERMS.pdf


Current and Prior City of Los Angeles Contracts

Pursuant to City of Los Angeles Resolution No. 56, adopted July 21, 1998, Consultant shall submit a list entitled “Current and Prior City of Los AngelesContracts”, which shall state all City contracts held by the Consultant within the last ten (10) years.

ContractNumber

Name of CityDepartment/Agency

Contact person name andphone number

Signing date Completiondate

Description Total dollar amount

List Rev. 8/01

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AFFIDAVIT TO ACCOMPANY PROPOSALS OR BIDS

STATE OF CALIFORNIA ) ) ss.: COUNTY OF ) being first duly sworn, deposes and says: (Type or print name) that he or she is the of (Type or print title) , who submits herewith ( Type or print name of company/firm) to the Board of Airport Commissioners the attached bid/proposal; that he or she is the person whose name is signed to the attached bid/proposal; that said bid/proposal is genuine; that the same is not sham or collusive; that all statements of fact therein are true; and that such bid/proposal was not made in the interest or behalf of any person, partnership, company, association, organization, or corporation not herein named or disclosed. Affiant further deposes and says: that the bidder/proposer has not directly or indirectly by agreement, communication or conference with anyone, attempted to induce action prejudicial to the interests of the public body which is to award the contract, or of any other bidder/proposer, or anyone else interested in the proposed contract; and that the bidder/proposer has not in any manner sought by collusion to secure for himself/herself/itself/themselves, an advantage over any other bidder/proposer. Affiant further deposes and says that prior to the public opening and reading of bids/proposals, said bidder/proposer:

(a) did not, directly or indirectly, induce or solicit anyone else to submit a false or sham bid/proposal; (b) did not, directly or indirectly, collude, conspire, connive or agree with any one else that said

bidder/proposer or anyone else would submit a false or sham bid, or that anyone should refrain from bidding or withdraw their bid/proposal;

(c) did not, in any manner, directly or indirectly, seek by agreement, communication or conference with anyone to raise or fix the bid price of said bidder/proposer or of anyone else, or to raise or fix any

overhead, profit or cost element of their price or of that of anyone else; (d) did not, directly or indirectly, submit their bid/proposal price or any breakdown thereof, or the contents

thereof, or divulge information or data relative thereto, to any corporation, partnership, company, association organization, bid depository, or to any member or agent, thereof, or to any individual or group of individuals, except to the awarding authority or to any person or person who have a partnership or other financial interest with said bidder/proposer in their business.

Signed:

Name: Title:

Subscribed and sworn to (or affirmed) before me on this day of , 20 , by , proved to me on the basis of satisfactory evidence to be the person(s) who appeared before me.

____________________________________________ Notary Public (Notarial Seal)

WARNING: Bids will not be considered unless the affidavit hereon is fully executed including the affidavit of the notary and the notarial seal.

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ATTENTION:

The following CEC Form 55 must be signed on page 3. If you fail to sign the form or if you submit an incomplete CEC Form 55, your proposal/bid will be deemed nonresponsive.

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LOS ANGELES WORLD AIRPORTS CONTRACTOR RESPONSIBILITY PROGRAM

QUESTIONNAIRE On December 4, 2001, the Board of Airport Commissioners adopted Resolution No. 21601, establishing LAWA’s Contractor Responsibility Program (CRP). The intent of the program is to ensure that all LAWA contractors have the necessary quality, fitness and capacity to perform the work set forth in the contract. To assist LAWA in making this determination, each bidder/proposer is required to complete and submit with the bid/proposal the attached CRP Questionnaire. If a non-competitive process is used to procure the contract, the proposed contractor is required to complete and submit the CRP Questionnaire to LAWA prior to execution of the contract. Submitted CRP questionnaires will become public records and information contained therein will be available for public review for at least fourteen (14) calendar days, except to the extent that such information is exempt from disclosure pursuant to applicable law. The signatory of this questionnaire guarantees the truth and accuracy of all statements and answers to the questions herein. Failure to complete and submit this questionnaire may make the bid/proposal non-responsive and result in non-award of the proposed contract. During the review period if the bidder/proposer or contractor (collectively referred to hereafter as “bidder/proposer”) is found non-responsible, he/she is entitled to an Administrative Hearing if a written request is submitted to LAWA within ten (10) working days from the date LAWA issued the non-responsibility notice. Final determination of non-responsibility will result in disqualification of the bid/proposal or forfeiture of the proposed contract. All Questionnaire responses must be typewritten or printed in ink. Where an explanation is required or where additional space is needed to explain an answer, use the CRP Questionnaire Attachment A. Submit the completed and signed Questionnaire and all attachments to LAWA. Retain a copy of this completed questionnaire for future reference. Contractors shall submit updated information to LAWA within thirty (30) days if changes have occurred that would make any of the responses inaccurate in any way. A. PROJECT TITLE: _______________________________________________________________________ B. BIDDER/CONTRACTOR INFORMATION:

____________________________________________________________________________________ Legal Name DBA ____________________________________________________________________________________ Street Address City State Zip ____________________________________________________________________________________ Contact Person, Title Phone Fax

C. TYPE OF SUBMISSION: The CRP Questionnaire being submitted is:

An initial submission of a CRP Questionnaire. Please complete all questions and sign Attachment A.

An update of a prior CRP Questionnaire dated _____/_____/_____. Please complete all questions and sign Attachment A.

A copy of the initial CRP Questionnaire dated _____/_____/_____/. Please sign below and return this page.

I certify under penalty of perjury under the laws of the State of California that there has been no change to any of the responses since the firm submitted the last CRP Questionnaire.

________________________________________________________________________________________ Print Name, Title Signature Date

CRP Questionnaire Revised 10/2013.doc

Los Angeles World Airports Contractor Responsibility Program Questionnaire

2

A. OWNERSHIP AND NAME CHANGES

1a. In the past five (5) years, has the name of the bidder/proposer (also referred to herein as “your firm”) changed?

Yes No If Yes, list on Attachment A all prior legal and D.B.A. names used by the bidder/proposer, the addresses of each of the identified entities, and the dates when each identified entity used those names. Additionally, please explain in detail the specific reason(s) for each name change.

1b. In the past five (5) years, has the owner of your firm (if your firm is a sole proprietorship) or any partner of your firm (if your firm is a partnership), or any officer of your firm (if your firm is a corporation) engaged in the same or similar type of business as the current firm?

Yes No

If Yes, list on Attachment A the names of those firms.

B. FINANCIAL RESOURCES AND RESPONSIBILITY

2. In the past five (5) years, has your firm ever been the debtor in a bankruptcy proceeding?

Yes No If Yes, explain on Attachment A the specific circumstances and dates surrounding each instance.

3. Is your company now in the process of, or in negotiations toward, or in preparations for being sold?

Yes No If Yes, explain on Attachment A the specific circumstances, including to whom being sold and principal contact information.

4. In the past five (5) years, has your firm's financial position significantly changed?

Yes No If Yes, explain the specific circumstances on Attachment A.

5. In the past five (5) years, has your firm ever been denied bonding?

Yes No If Yes, explain on Attachment A the specific circumstances surrounding each instance and include the name of the bonding company.

6. In the past five (5) years, has any bonding company made any payments to satisfy any claims made against a bond issued on your firm's behalf or a firm where you were the principal?

Yes No If Yes, explain on Attachment A the specific circumstances surrounding each instance.

PERFORMANCE HISTORY

7. In the past five (5) years, has your firm or the owner of your firm (if your firm is a sole proprietorship) or any partner of your firm (if your firm is a partnership), or any officer of your firm (if your firm is a corporation) defaulted under a contract with a governmental entity or with a private individual or entity?

Yes No If Yes, explain on Attachment A the specific circumstances surrounding each instance. CRP Questionnaire Revised 10/2013.doc


3

8. In the past five (5) years, has a governmental or private entity or individual terminated your firm's contract prior to

completion of the contract?

Yes No If Yes, explain on Attachment A the specific circumstances surrounding each instance, and principal contact information.

9. In the past five (5) years, has your firm ever failed to meet any scheduled deliverables or milestones?

Yes No If Yes, explain on Attachment A the circumstances surrounding each instance, and principal contact information.

10. In the past ten (10) years, has the bidder/proposer had any contracts with any private or governmental entity to perform

work which is similar, in any way, to the work to be performed on the contract for which you are bidding or proposing?

Yes No If Yes, list on a separate attachment, for each contract listed in response to this question: (a) contract number and dates; (b) awarding authority; (c) contact name and phone number; (d) description and success of performance; and (e) total dollar amount. Include audit information if available.

COMPLIANCE

11. In the past five (5) years, has your firm or any of its owners, partners, or officers, been penalized for or been found to have violated any federal, state, or local laws in the performance of a contract, including but not limited to laws regarding health and safety, labor and employment, wage and hours, and licensing laws which affect employees?

Yes No If Yes, explain on Attachment A the specific circumstances surrounding each instance, including the entity involved, the specific infraction(s), the dates of such instances, and the outcome and current status.

12. In the past five (5) years, has your firm ever been debarred or determined to be a non-responsible bidder contractor?

Yes No If Yes, explain on Attachment A the specific circumstances surrounding each instance, including the entity involved, the specific infraction(s), the dates of such instances, and the current status.

BUSINESS INTEGRITY

13. In the past five (5) years, has your firm been convicted of, or found liable in a civil suit for making a false claim(s) or material misrepresentation(s) to any private or governmental entity?

Yes No If Yes, explain on Attachment A the specific circumstances surrounding each instance, including the entity involved, the specific infraction(s), the dates of such instances, and the outcome and current status.

14. In the past five (5) years, has your firm or any of its executives, management personnel, and owners been convicted of a crime, including misdemeanors, or been found liable in a civil suit involving the bidding, awarding, or performance of a government contract; or the crime of theft, fraud, embezzlement, perjury, or bribery?

Yes No If Yes, explain on Attachment A the specific circumstances surrounding each instance, including the entity involved, the specific infraction(s), the dates of such instances, and current status. CRP Questionnaire Revised 10/2013.doc


4

15. Prior to bidding on, submitting a proposal or executing a contract or renewal for a City of Los Angeles contract for goods

or services of $1,000,000 or more, a vendor must either: a) certify it is not on the current list of persons engaged in investment activities in Iran created by the California Department of General Services (“DGS”) pursuant to Public Contract Code section 2203(b) (found at: http://www.documents.dgs.ca.gov/pd/poliproc/Iran%20Contracting%20Act%20List.pdf) and is not a financial institution extending $20,000,000 or more in credit to another person, for 45 days or more, if that person will use the credit to provide goods or services in the energy sector in Iran and is identified on the current list of persons engaged in investment activities in Iran created by DGS; or b) demonstrate it has been exempted from the certification requirement for that solicitation or contract pursuant to Public Contract Code section 2203(c) or (d).

To comply with this requirement, please check ONE of the options below. OPTION #1:

Is your firm identified on the list entitled, “Entities Prohibited from Contracting with Public Entities in California per the Iranian Contracting Act of 2010”?

Yes No OPTION #2:

If your firm is identified on the aforementioned list, have you obtained an exemption?

Yes No CRP Questionnaire Revised 10/2013.doc

http://www.documents.dgs.ca.gov/pd/poliproc/Iran%20Contracting%20Act%20List.pdf


5

ATTACHMENT "A" FOR ANSWERS TO QUESTIONS IN SECTIONS A THROUGH E

Use the space below to provide required additional information or explanation(s). Information submitted on this sheet must be typewritten. Indicate the question for which you are submitting the additional information. Information submitted on this Attachment will be available for public review, except to the extent that such information is exempt from disclosure pursuant to applicable law. Insert additional Attachment A pages as necessary.

CERTIFICATION UNDER PENALTY OF PERJURY

I certify under penalty of perjury under the laws of the State of California that I have read and understand the questions contained in this CRP Questionnaire. I further certify that I am responsible for the completeness and accuracy of the answers to each question, and that all information provided in response to this Questionnaire is true to the best of my knowledge and belief. Print Name, Title Signature Date CRP Questionnaire Revised 10/2013.doc

CRP Pledge

LOS ANGELES WORLD AIRPORTSCONTRACTOR RESPONSIBILITY PROGRAM

PLEDGE OF COMPLIANCE

The Los Angeles World Airports (LAWA) Contractor Responsibility Program (Board Resolution#21601) provides that, unless specifically exempted, LAWA contractors working under contractsfor services, for purchases, for construction, and for leases, that require the Board of AirportCommissioners' approval shall comply with all applicable provisions of the LAWA ContractorResponsibility Program. Bidders and proposers are required to complete and submit thisPledge of Compliance with the bid or proposal or with an amendment of a contract subject tothe CRP. In addition, within 10 days of execution of any subcontract, the contractor shall submitto LAWA this Pledge of Compliance from each subcontractor who has been listed as performingwork on the contract.

The contractor agrees to comply with the Contractor Responsibility Program and the followingprovisions:

(a) To comply with all applicable Federal, state, and local laws in the performance of thecontract, including but not limited to, laws regarding health and safety, labor andemployment, wage and hours, and licensing laws which affect employees.

(b) To notify LAWA within thirty (30) calendar days after receiving notification that anygovernment agency has initiated an investigation that may result in a finding that thecontractor is not in compliance with paragraph (a).

(c) To notify LAWA within thirty (30) calendar days of all findings by a government agency orcourt of competent jurisdiction that the contractor has violated paragraph (a).

(d) To provide LAWA within thirty (30) calendar days updated responses to the CRPQuestionnaire if any change occurs which would change any response contained withinthe completed CRP Questionnaire. Note: This provision does not apply to amendmentsof contracts not subject to the CRP and to subcontractors not required to submit a CRPQuestionnaire.

(e) To ensure that subcontractors working on the LAWA contract shall complete and sign aPledge of Compliance attesting under penalty of perjury to compliance with paragraphs (a)through (c) herein. To submit to LAWA the completed Pledges.

(f) To notify LAWA within thirty (30) days of becoming aware of an investigation, violation orfinding of any applicable federal, state, or local law involving the subcontractors in theperformance of a LAWA contract.

(g) To cooperate fully with LAWA during an investigation and to respond to request(s) forinformation within ten (10) working days from the date of the Notice to Respond.

Failure to sign and submit this form to LAWA with the bid/proposal may make the bid/proposalnon-responsive. ____________________________________________________________________________Company Name, Address and Phone Number

_____________________________________________________________________________________________Signature of Officer or Authorized Representative Date

_____________________________________________________________________________________________Print Name and Title of Officer or Authorized Representative

_____________________________________________________________________________________________

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LAWA EBO COMPLIANCE

Form OCC/LAWA EBO-Affidavit (Rev 5/20/13) 1

FOR LAWA CONTRACTORS ONLY

City of Los Angeles Department of Public Works

Bureau of Contract Administration Office of Contract Compliance

1149 S. Broadway, Suite 300, Los Angeles, CA 90015 Phone: (213) 847-2625 E-mail: [email protected]

EQUAL BENEFITS ORDINANCE COMPLIANCE AFFIDAVIT

Prime contractors must certify compliance with Los Angeles Administrative Code (LAAC) Section 10.8.2.1 et seq. prior to the execution of a City agreement subject to the Equal Benefits Ordinance (EBO). SECTION 1. CONTACT INFORMATION Company Name: Company Address: City: State: Zip: Contact Person: Phone: E-mail: Approximate Number of Employees in the United States: Approximate Number of Employees in the City of Los Angeles: SECTION 2. EBO REQUIREMENTS The EBO requires City Contractors who provide benefits to employees with spouses to provide the same benefits to employees with domestic partners. Domestic Partner means any two adults, of the same or different sex, who have registered as domestic partners with a governmental entity pursuant to state or local law authorizing this registration, or with an internal registry maintained by the employer of at least one of the domestic partners. Unless otherwise exempt, the contractor is subject to and shall comply with the EBO as follows:

A. The contractor’s operations located within the City limits, regardless of whether there are employees at those locations performing work on the City Contract; and

B. The contractor’s operations located outside of the City limits if the property is owned by the City or the City has a right to occupy the property, and if the contractor’s presence at or on the property is connected to a Contract with the City; and

C. The Contractor’s employees located elsewhere in the United States, but outside of the City Limits, if those employees are performing work on the City Contract.

A Contractor must post a copy of the following statement in conspicuous places at its place of business available to employees and applicants for employment: “During the performance of a Contract with the City of Los Angeles, the Contractor will provide equal benefits to its employees with spouses and its employees with domestic partners.”

LAWA EBO COMPLIANCE

Form OCC/LAWA EBO-Affidavit (Rev 5/20/13) 2

SECTION 3. COMPLIANCE OPTIONS I have read and understand the provisions of the Equal Benefits Ordinance and have determined that this company will comply as indicated below:

□……. I have no employees.

□……. I provide no benefits.

□……. I provide benefits to employees only. Employees are prohibited from enrolling their spouse or domestic partner.

□……. I provide equal benefits as required by the City of Los Angeles EBO.

□……. I provide employees with a “Cash Equivalent.” Note: The “Cash Equivalent” is the amount of money equivalent to what your company pays for spousal benefits that are unavailable for domestic partners, or vice versa.

□……. All or some employees are covered by a collective bargaining agreement (CBA) or union trust fund. Consequently, I will provide Equal Benefits to all non-union represented employees, subject to the EBO, and will propose to the affected unions that they incorporate the requirements of the EBO into their CBA upon amendment, extension, or other modification of the CBA.

□……. Health benefits currently provided do not comply with the EBO. However, I will make the necessary changes to provide Equal Benefits upon my next Open Enrollment period which begins on (Date) .

□……. Our current company policies, i.e., family leave, bereavement leave, etc., do not comply with the provisions of the EBO. However, I will make the necessary modifications within three (3) months from the date of this affidavit.

SECTION 4. DECLARATION UNDER PENALTY OF PERJURY I understand that I am required to permit the City of Los Angeles access to and upon request, must provide certified copies of all company records pertaining to benefits, policies and practices for the purpose of investigation or to ascertain compliance with the Equal Benefits Ordinance. Furthermore, I understand that failure to comply with LAAC Section 10.8.2.1 et seq., Equal Benefits Ordinance may be deemed a material breach of any City contract by the Awarding Authority. The Awarding Authority may cancel, terminate or suspend in whole or in part, the contract; monies due or to become due under a contract may be retained by the City until compliance is achieved. The City may also pursue any and all other remedies at law or in equity for any breach. The City may use the failure to comply with the Equal Benefits Ordinance as evidence against the Contractor in actions taken pursuant to the provisions of the LAAC Section 10.40, et seq., Contractor Responsibility Ordinance. will comply with the Equal Benefits Ordinance requirements Company Name as indicated above prior to executing a contract with the City of Los Angeles and will comply for the entire duration of the contract(s). I declare under penalty of perjury under the laws of the State of California that the foregoing is true and correct, and that I am authorized to bind this entity contractually. Executed this day of , in the year 20____, at , (City) (State)

Signature Mailing Address Name of Signatory (please print) City, State, Zip Code Title EIN/TIN

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INSURANCE REQUIREMENTS FOR LOS ANGELES WORLD AIRPORTS

NAME: **************************************** AGREEMENT / ACTIVITY: RFP (6866) – PROFESSIONAL PLANNING AND ENGINEERING SERVICES TERM: TBD LAWA DIVISION: Airports Development Group The insured must maintain insurance coverage at limits normally required of its type operation; however, the following coverage noted with an "X" is the minimum required and must be at least the level of the limits indicated. All limits are per occurrence unless otherwise specified.

LIMITS

(X) Workers' Compensation (Statutory)/Employer's Liability Statutory

(X) Voluntary Compensation Endorsement (X) Waiver of Subrogation, specifically naming LAWA

(Please see attached supplement) (X) Automobile Liability - covering owned, non-owned & hired auto $10,000,000 CSL (X) Aviation/Airport or Commercial General Liability, including the following coverage: $10,000,000

(X) Premises and Operations (X) Contractual (Blanket/Schedule) (X) Independent Contractors (X) Products /Completed Operations (X) Personal Injury (X) Additional Insured Endorsement, specifically naming LAWA

(Please see attached supplement). ( ) Explosion, Collapse & Underground

(required when work involves digging, excavation, grading or use of explosive materials.) ( ) Hangarkeepers Legal Liab. (At least at a limit of liability of $ 1 million)

Coverage for Hazardous Substances $ *** *** Must meet contractual requirements (X) Professional Liability $5,000,000

* Claims-made policy: continuous coverage for three years after contract completion, or three-year extended reporting period beginning after contract completion.

CONTRACTOR SHALL BE HELD RESPONSIBLE FOR OWN OR HIRED EQUIPMENT AND SHALL HOLD AIRPORT HARMLESS FROM LOSS, DAMAGE OR DESTRUCTION TO SUCH EQUIPMENT.

INSURANCE COMPANIES WHICH DO NOT HAVE AN AMBEST RATING OF A- OR BETTER, AND HAVE A MINIMUM FINANCIAL SIZE OF AT LEAST 4, MUST BE REVIEWED FOR ACCEPTABILITY BY RISK MANAGEMENT.

PLEASE RETURN THIS FORM WITH EVIDENCE OF INSURANCE

INSURANCE REQUIREMENTS FOR LOS ANGELES WORLD AIRPORTS (SUPPLEMENT)

The only evidence of insurance accepted will be either a Certificate of Insurance and/or a True and Certified copy of the policy. The following items must accompany the form of evidence provided:

• Endorsements:

1. Workers Compensation Waiver of Subrogation Endorsement

(WC 04 03 06 or similar) 2. General Liability Additional Insured Endorsement

(ISO Standard Endorsements)

****All endorsements must specifically name in the schedule: The City of Los Angeles, Los Angeles World Airports, its Board, and all of its officers, employees and agents.

A BLANKET/AUTOMATIC ENDORSEMENT AND/OR LANGUAGE ON A CERTIFICATE OF INSURANCE IS NOT ACCEPTABLE.

• A typed legible name of the Authorized Representative must accompany the signature on

the Certificate of Insurance and/or the True and Certified copy of the policy.

February 4, 2010 1

Insurance

Contractor shall procure at its own expense, and keep in effect at all times during the term of this Agreement, the types and amounts of insurance specified herein. The specified insurance shall also, either by provisions in the policies or by endorsement attached to such policies, specifically name the City of Los Angeles, Los Angeles World Airports, its Board of Airport Commissioners (hereinafter referred to as “Board”), and all of its officers, employees, and agents, their successors and assigns, as additional insureds, against the area of risk described herein as respects Contractor’s acts or omissions in its operations, use and occupancy of the premises hereunder or other related functions performed by or on behalf of Contractor on Airport.

With respect to Workers’ Compensation, the Contractor shall, by specific endorsement, waive its right of subrogation against the City of Los Angeles, Los Angeles World Airports, its Board, and all of its officers, employees and agents, their successors and assigns.

Each specified insurance policy (other than Workers' Compensation and Employers' Liability and fire and extended coverages) shall contain a Severability of Interest (Cross Liability) clause which states, "It is agreed that the insurance afforded by this policy shall apply separately to each insured against whom claim is made or suit is brought except with respect to the limits of the company's liability," and a Contractual Endorsement which shall state, "Such insurance as is afforded by this policy shall also apply to liability assumed by the insured under this Agreement with the City of Los Angeles."

All such insurance shall be primary and noncontributing with any other insurance held by City's Department of Airport where liability arises out of or results from the acts or omissions of Contractor, its agents, employees, officers, assigns, or any person or entity acting for or on behalf of Contractor.

Such policies may provide for reasonable deductibles and/or retentions acceptable to the Executive Director of the Department of Airport (hereinafter referred to as "Executive Director") based upon the nature of Contractor's operations and the type insurance involved.

City shall have no liability for any premiums charged for such coverage(s). The inclusion of City, its Department of Airports, its Board, and all of its officers, employees and agents, and their agents and assigns, as insureds, is not intended to, and shall not, make them, or any of them a partner or joint venture with Contractor in its operations at Airport.

In the event Contractor fails to furnish City evidence of insurance and maintain the insurance as required, City, upon ten (10) day prior written notice to comply, may (but shall not be required to) procure such insurance at the cost and expense of Contractor, and Contractor agrees to promptly reimburse City for the cost thereof plus fifteen percent (15%) for administrative overhead.

At least ten (10) days prior to the expiration date of any of the above policies, documentation showing that the insurance coverage has been renewed or extended shall be filed with City. If such coverage is canceled or reduced, Contractor shall, within fifteen (15) days of such cancellation or reduction of coverage, file with City evidence that the required insurance has been reinstated or provided through another insurance company or companies.

Contractor shall provide proof of all specified insurance and related requirements to City either by production of the actual insurance policy(ies), by a broker’s letter acceptable to the Executive Director in both form and content in the case of foreign insurance syndicates, or by other written evidence of insurance acceptable to the Executive Director. The documents evidencing all specific coverages shall be filed with City prior to Contractor occupying the premises hereunder. The documents shall contain the applicable policy number, the inclusive dates of policy coverages and the insurance carrier’s name, shall bear signature and the typed name of an authorized representative of said carrier, and shall provide that such insurance shall not be subject to cancellation, reduction in coverage or nonrenewal except after written notice by certified mail, return receipt requested, to the City Attorney of the City of Los Angeles at least thirty (30) days prior to the effective date thereof.

City and Contractor agree that the insurance policy limits specified herein shall be reviewed for adequacy annually throughout the term of this Agreement by Executive Director, who may thereafter require Contractor to adjust the amounts of insurance coverage to whatever amount Executive Director deems to be adequate. City reserves the right to have submitted to it, upon request, all pertinent information about the agent and carrier providing such insurance.

City Held Harmless

To the fullest extent permitted by law, Contractor shall 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 Sub-Contractor’s 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. Provided, however, that 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

February 4, 2010 2

are caused by the City’s sole negligence, willful misconduct or active negligence. Provided further that where such suits, claims, causes of action, liability, losses, damages, demands or expenses arise from Consultant’s design professional services as defined by California Civil Code section 2782.8, Consultant’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 Consultant’s negligence, recklessness or willful misconduct in the performance of the Contract.

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 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.

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.

Survival of Indemnities. The provisions of this City Held Harmless Section shall survive the termination of this Agreement.

Hazardous and Other Regulated Substances

(a) Contractor agrees to accept sole responsibility for full compliance with any and all applicable present and future rules, regulations, restrictions, ordinances, statutes, laws and/or other orders of any governmental entity regarding the use, storage, handling, distribution, processing and/or disposal of hazardous wastes, extremely hazardous wastes, hazardous substances, hazardous materials, hazardous chemicals, toxic chemicals, toxic substances, pollutants, contaminants or other similarly regulated substances (hereinafter referred to as "hazardous substances") regardless of whether the obligation for such compliance or responsibility is placed on the owner of the land, on the owner of any improvements on the premises, on the user of the land or on the user of the improvements. Said hazardous substances shall include, but shall not be limited to, gasoline, aviation, diesel and jet fuels, lubricating oils and solvents. Contractor agrees that any damages, penalties or fines levied on City and/or Contractor as a result of noncompliance with any of the above shall be the sole responsibility of Contractor and further, that Contractor shall indemnify and pay and/or reimburse City for any damages, penalties or fines that City pays as a result of noncompliance with the above.

(b) In the case of any hazardous substance spill, leak, discharge or improper storage on the premises or contamination of same by any person, Contractor agrees to make or cause to be made any necessary repairs or corrective actions as well as to clean up and remove any leakage, contamination or contaminated ground. In the case of any hazardous substance spill, leak, discharge or contamination by Contractor or its employees, servants, agents, contractors or subcontractors which affects other property of City or its tenants' property, Contractor agrees to make or cause to be made any necessary corrective actions to clean up and remove any spill, leakage or contamination to the satisfaction of Executive Director. If Contractor fails to repair, cleanup, properly dispose of or take any other corrective actions as required herein, City may (but shall not be required to) take all steps it deems necessary to properly repair, clean up or otherwise correct the conditions resulting from the spill, leak or contamination. Any such repair, clean-up or corrective actions taken by City shall be at Contractor's sole cost and expense and Contractor shall indemnify and pay for and/or reimburse City for any and all costs (including any administrative costs) City incurs as a result of any repair, clean-up or corrective action it takes.

(c) If Contractor installs or uses already installed underground storage tanks, pipelines or other improvements on the specified premises for the storage, distribution, use , treatment or disposal of any hazardous substances, Contractor agrees, upon the expiration and/or termination of this Consent, to remove and/or clean up, at the sole option of Executive Director, the above-referred to improvements. Said removal and/or clean-up shall be at Contractor's sole cost and expense and shall be undertaken and completed in full compliance with all federal, state and local laws and regulations, as well as with the reasonable directions of Executive Director.

(d) Contractor shall promptly supply City with copies of all notices, reports, correspondence and submissions made by Contractor to any governmental entity regarding any hazardous substance spill, leak, discharge or clean-up including all test results.

(e) This Section and the obligation therein shall survive the expiration or earlier termination of this Consent to Agreement.

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SBE AFFIDAVIT REQUIRED OF ALL PROPOSERS/BIDDERS

(This Affidavit will become part of the contract for the selected Proposer/Bidder)

The City of Los Angeles, Los Angeles World Airports (LAWA) is committed to creating an environment that provides all individuals and businesses open access to the business opportunities available at LAWA. LAWA’s Small Business Enterprise (SBE) Program was created to provide additional opportunities for small businesses to participate in LAWA contracts.

MANDATORY SBE PARTICIPATION LEVEL:

This Project has a mandatory SBE participation level of 20%. If awarded the contract, the selected Proposer/Bidder commits to achieving % SBE participation on the Project (the “SBE Subcontract amount”).

The selected Proposer/Bidder’s SBE achievement level will be calculated at the end of the contract term.

SUBCONTRACTORS:

The selected Proposer/Bidder will be required to comply with California’s “Subletting and Subcontracting Fair Practices Act” (Public Contract Code Sections 4100 et seq.) (www.leginfo.ca.gov/cgi-bin/calawquery?codesection=pcc&codebody=&hits=20).

Any reduction, increase, or other change to the SBE Subcontract amount without prior written approval of Procurement Services Division (PSD) is considered an Unauthorized Subcontractor Substitution, and the selected Proposer/Bidder may be subject to a penalty. A subcontract dollar value increased or reduced as the result of a Change Order issued by LAWA to add or delete from the original scope of work shall not be subject to a penalty for an Unauthorized Subcontractor Substitution.

Only PSD is authorized to grant either initial approval of SBE Subcontractor(s) or SBE Subcontractor substitution(s).

Proposers/Bidders must list all Subcontractors on LAWA’s Subcontractor Participation Plan and include all requested information.

PENALTIES:

Violation of the SBE Program Rules and Regulations (http://www.lawa.org/welcome_LAWA.aspx?id=146) may result in a penalty of as much as 10% of the unpaid/underpaid amount of the Subcontract(s) involved.

At the end of each project, LAWA may withhold as disputed funds 15% of the total dollar value of all subcontract(s) that appear to be in violation of the SBE Program and 15% of the total dollar value of all subcontract(s) where work was performed on the project without, or prior to, approval by LAWA.

REPORTING REQUIREMENTS:

The selected Proposer/Bidder shall submit to LAWA, on a monthly basis, together with its invoice the Subcontractor Utilization Report listing the SBE subcontractors utilized during the reporting period. LAWA will not process or pay selected Proposer/Bidder’s subsequent invoices if the Subcontractor Utilization Reports are not submitted with the monthly invoice.

The Contractor must submit the Final Subcontracting Report to PSD within fifteen (15) calendar days after a request for the report by PSD. Failure to comply shall result in the assessment of liquidated damages in the amount of $100.00 per day by LAWA.

CERTIFICATION

The Bidder/Proposer certifies that it/he/she has read and understood the SBE Program Rules and Regulations (located at http://www.lawa.org/welcome_LAWA.aspx?id=146) and further certifies that, if awarded the Contract, it/he/she shall fully comply with LAWA’s SBE Program.

Company Name, Address and Phone Number Signature of Officer or other Authorized Representative Date Print Name and Title of Officer or Other Authorized Representative Project Title

http://www.leginfo.ca.gov/cgi-bin/calawquery?codesection=pcc&codebody=&hits=20



Rev 5/22/13

LOS ANGELES WORLD AIRPORTS (LAWA) SMALL BUSINESS ENTERPRISE (SBE) PROGRAM

FREQUENTLY ASKED QUESTIONS

1. What is an SBE? LAWA defines an SBE as an independently-owned and operated business that meets the criteria set forth by:

• The Federal Small Business Administration (SBA) 8(a) Business Development Program or

• The State of California Small Business (SB) Program LAWA will apply the larger of the Federal SBA 8(a) Program or the State of California SB Program size standard for businesses applying for LAWA’s SBE status. For information regarding the size standards used by the Federal SBA 8(a) Business Development Program, see www.sba.gov/sites/default/files/Size_Standards_Table.pdf. The State of California defines an SB as a business with 100 or fewer employees with average annual gross receipts of $14 million or less over the last three years.

If your firm is currently certified with one of the following agencies, LAWA will automatically consider your firm as an SBE:

CERTIFYING AGENCY CERTIFICATION ACCEPTED BY LAWA AS SBE?

Federal Small Business Administration (SBA) SBA 8(a) Business Devpt. Program Yes

State of California Department of General Services (DGS) SB, MB (micro) Yes

California Department of Transportation (CALTRANS) SMBE, SWBE, DBE Yes

L.A. County Metropolitan Transportation Authority (METRO) SBE, DBE Yes • Central Contra Costa Transit Authority (CCCTA) • City of Fresno • City of Los Angeles • San Diego County Regional Airport Authority (SAN) • San Francisco Bay Area Rapid Transit District (BART) • San Francisco International Airport (SFO) • San Francisco Municipal Transportation Agency (SFMTA) • San Mateo County Transit District (SAMTRANS) • Santa Clara Valley Transportation Authority (VTA) • Yolo County Transportation District (YOLOBUS)

DBE Yes

2. I am certified as an SBE by the Harbor Department (Port of Los Angeles). Will LAWA accept

that certification? No. LAWA requires an in-depth application process, whereas the Harbor Department uses an Affidavit; therefore, firms must obtain LAWA certification as an SBE or have the appropriate certification from one of the agencies in the above chart in order to receive SBE participation credit. To obtain a LAWA SBE application, please call (213) 847-2644 or (213) 847-2650.

3. If I am an SBE, how does my participation count? If the prime contractor is an SBE, the prime’s participation in the contract will count as 100% SBE. If the SBE prime contractor also utilizes SBE subcontractors, the total SBE participation will be counted as 100% SBE.

http://www.sba.gov/sites/default/files/Size_Standards_Table.pdf

Rev 5/22/13

4. If I am awarded a contract with an SBE participation level, can I be penalized for failing to meet

my pledged SBE level? Yes. The SBE Program is a mandatory program; therefore, the SBE participation level pledged by the prime contractor will become part of the contract. The prime contractor may be assessed a penalty of not more than ten percent (10%) of the unpaid/underpaid amount of the Subcontract(s) involved. Prime contractors must receive written approval from LAWA’s Procurement Services Division for any reduction, increase, or other change to any SBE Subcontract amount. If an SBE subcontractor’s scope of work is reduced or eliminated as a result of a Change Order issued by LAWA, the resulting change in the SBE participation will not be subject to a penalty.

5. How does LAWA track my SBE participation level? Prime contractors will be required to submit monthly Subcontractor Utilization forms to LAWA’s Procurement Services Division (PSD). At the end of the contract, the prime contractor will submit a Final Subcontracting Report to PSD indicating the dollar amounts paid to each subcontractor. PSD will verify with the subcontractors the amount of compensation paid to them.

6. How can I find certified SBEs? LAWA uses the State of California Certifications Database (www.bidsync.com/DPXBisCASB).

7. Since LAWA’s SBE Program is a one-year pilot program, what happens if a project with an SBE level has a three-year term? LAWA’s Board of Airport Commissioners (BOAC) will determine whether to continue the SBE program or not at the end of the one-year pilot. Even if the BOAC decides to discontinue the SBE program, all contracts awarded with SBE levels will be subject to the requirements of the SBE program for the entire duration of those contracts.

8. If LAWA’s SBE certification is good for one year and a contract is three years long, what happens? If you are SBE-certified by one of the recognized agencies listed on page 1, your certification will be valid as long as that agency deems your firm SBE-certified. If you are SBE-certified by LAWA, the certification is good for one year, and your firm’s certification can be renewed annually through a simple update process: Your firm will submit a one-page affidavit attesting that your firm continues to meet all of the requirements and also submit one year’s tax returns and/or wage reports to verify the size standard.

9. If a prime is assessed a 10% penalty, to whom is the penalty paid? The penalty is paid to LAWA.

http://www.bidsync.com/DPXBisCASB

Revised 5/22/13

ATTENTION BIDDERS/PROPOSERS: The project you are bidding/proposing on has a mandatory SBE participation level. If you, as the Prime contractor, are SBE certified by one of the agencies listed below, your participation will count as 100% SBE. If you are SBE certified and you propose to use SBE subcontractors, the total SBE participation will be counted as 100% SBE. If you are not an SBE, but you intend to use certified SBE subcontractor(s) on the project, you will receive SBE credit from LAWA equivalent to the percentage of work given to the SBE subcontractor(s). If a firm is currently certified with one of the following agencies, LAWA will automatically consider the firm as an SBE:

CERTIFYING AGENCY CERTIFICATION ACCEPTED BY LAWA AS SBE?

Federal Small Business Administration (SBA) SBA 8(a) Business Devpt. Program Yes

State of California Department of General Services (DGS) SB, MB (micro) Yes

California Department of Transportation (CALTRANS) SMBE, SWBE, DBE Yes L.A. County Metropolitan Transportation Authority (METRO) SBE, DBE Yes • Central Contra Costa Transit Authority (CCCTA) • City of Fresno • City of Los Angeles • San Diego County Regional Airport Authority (SAN) • San Francisco Bay Area Rapid Transit District (BART) • San Francisco International Airport (SFO) • San Francisco Municipal Transportation Agency (SFMTA) • San Mateo County Transit District (SAMTRANS) • Santa Clara Valley Transportation Authority (VTA) • Yolo County Transportation District (YOLOBUS)

DBE Yes

IMPORTANT: If you and/or your subcontractors are SBE certified, please submit a copy of the certification with your bid/proposal. Further, you must ensure that the specific categories of work that you or the SBE subcontractors will perform on the project match the NAICS (North American Industry Classification System) codes for which you/ they were certified in order for you to receive SBE participation credit from LAWA.

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SUBCONTRACTOR PARTICIPATION PLAN

Project Title: __________________________________________________

BIDDER/PROPOSER COMPANY INFORMATION PROFILE INFORMATION BID/PROPOSAL AMOUNT DESCRIPTION OF PROJECT SERVICES NAME: GROUP:

ADDRESS: ETHNICITY: CITY/STATE/ZIP: GENDER: CONTACT NAME: CERTIFYING AGENCY: TELEPHONE NO: EMAIL: VENDOR OR FEDERAL ID: NAICS:

SUBCONTRACTOR COMPANY INFORMATION PROFILE INFORMATION $ PROPOSED % PROPOSED DESCRIPTION OF PROJECT SERVICES NAME: GROUP:

ADDRESS: ETHNICITY: CITY/STATE/ZIP: GENDER: CONTACT NAME: CERTIFYING AGENCY: TELEPHONE NO: EMAIL: VENDOR OR FEDERAL ID: NAICS: NAME: GROUP:

ADDRESS: ETHNICITY: CITY/STATE/ZIP: GENDER: CONTACT NAME: CERTIFYING AGENCY: TELEPHONE NO: EMAIL VENDOR OR FEDERAL ID: NAICS: NAME: GROUP:



ADDRESS: ETHNICITY: CONTACT NAME: CERTIFYING AGENCY: TELEPHONE NO: EMAIL: VENDOR OR FEDERAL ID: NAICS:

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I certify under the penalty of perjury that the information contained on this form is true and correct and that the firms listed are the subcontractors that will be utilized if this contract is awarded to the above prime contractor. I agree to comply with any applicable provisions for additions and substitutions, and I further understand and agree that any and all changes or substitutions must be authorized by LAWA Procurement Services Division prior to their implementation.

Participation Level proposed by Bidder/Proposer:

______%

SBE M/WBE DBE ACDBE

SIGNATURE DATE

Level of Participation stated in the Request for Bid/Proposal: ______%

SBE M/WBE DBE ACDBE NAME TITLE PHONE

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INSTRUCTIONS TO COMPLETE THE SUBCONTRACTOR PARTICIPATION PLAN

This form is used to report the proposed participation of Small, Minority/Woman/Other, Disadvantaged or Airport Concessions Disadvantaged Business Enterprise firms during the term of the contract. It represents the bidder’s or proposer’s commitment to utilize the named SBE/MBE/WBE/DBE/ACDBE firms at the percentages indicated should the contract be awarded to the bidder or proposer.

When filling out information on this form, if additional space is required you may overwrite the field names. You may also delete or add pages, as needed.

Project Title – The name or designation of the project at the time of bid or proposal.

Bid/Proposal Amount – Total amount bidder/proposer proposed for the project. Bid Number – The Bidding number assigned by the Purchasing Office for the specific project being bid. Company Information – The complete name, address, phone number (including area code), email and contact person of each SBE/MBE/WBE/DBE/ACDBE/OBE subcontractor, vendor or supplier must be provided for the bidder/proposer and proposed subcontractor. Insert the following codes (underlined) in the appropriate spaces for the bidder/proposer and all subcontractors.

• Group – SBE, MBE, WBE, DBE, ACDBE, OBE • Agency – Certifying Agency (CUCP, City of Los Angeles,

CALTRANS, Metro, SCMBDC) • Ethnicity – African American, Hispanic American, Native American,

Asian-Pacific Islander, Subcontinent Asian Indian, Asian American, Aleut, Eskimo, Caucasian

• Gender – Male, Female • NAICS – North American Industry Classification System listed at

http://www.census.gov/epcd/www/naics.html Please note that in order to receive participation credit, SBE/MBE/WBE/DBE/ACDBE firms must be certified. For information regarding the certification process, please call the Department of Public Works, Bureau of Contract Compliance (213- 847-1922). Please list SBE/MBE/WBE/DBE/ACDBE firms first. Any firm that is not certified as an SBE/MBE/WBE/DBE/ACDBE by one of the foregoing agencies is considered an OBE.

Description of Project Services – A brief description of the work the bidder/proposer or subcontractor will perform. NAICS – In order to receive credit for SBE/MBE/WBE/DBE/ACDBE participation, the subcontractor must be certified in the NAICS code for the specific work they will perform on the contract. Amount Proposed – Indicate the anticipated amount to be paid the subcontractor over the term of the contract. Proposed Percentage – Calculate the subcontractor’s share of the contract by dividing the Subcontractors Proposed Amount by the Bid/Proposal Amount. Please note: If the subcontractor is a regular dealer/supplier as defined in Code of Federal Regulations, Title 49, Part 26.55(e), only 60 percent of the Amount Proposed can be used in this calculation. Signature/Date – This form must be signed by a responsible person capable of committing the firm contractually. Name/Title/Phone – Print the name and title of the person signing the form. Include the area code with his or her telephone number. Participation Level proposed by Bidder/Proposer – Calculate the participation level by adding the Amounts Proposed for all SBE/MBE/WBE/DBE/ACDBE subcontractors, and divide the result by the Bid/Proposal Amount. Level of Participation stated in the Request for Bid/Proposal – The SBE/MBE/WBE/DBE/ACDBE level established by PSD for the Request for Bid/Proposal. SPECIAL NOTE – Firms certified as DBEs or ACDBEs may be counted toward M/WBE participation levels.

http://www.census.gov/epcd/www/naics.html

ATTACHMENT 1

(The following administrative requirements are language only for your information. There are no forms to be submitted.)

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AFFIRMATIVE ACTION Pursuant to the LAAC, Division 10, Chapter 1, Article 1, Sections 10.8. et seq. and the Board of Airport Commissioners Resolution No. 23772, it is the policy of the City of Los Angeles to require each person or entity contracting for goods or services to comply with the Non-discrimination, Equal Employment Practices, and Affirmative Action Program provisions of the City of Los Angeles. All Bidders/Proposers must agree to adhere to the Non-Discrimination provision, designate an Equal Employment Opportunity Officer and provide his/her contact info in the Vendor Identification Form enclosed in this administrative requirements package.

1

Los Angeles Administrative Code, Division 10, Chapter 1, Article 1, Sections 10.8-10.13

Sec. 10.8. Mandatory Provisions Pertaining to Non-discrimination in Employment in the Performance of City Contracts.

The City of Los Angeles, in letting and awarding contracts for the provision to it or on its behalf of goods or services of any kind or nature, intends to deal only with those contractors that comply with the non-discrimination and Affirmative Action provisions of the laws of the United States of America, the State of California and the City of Los Angeles. The City and each of its awarding authorities, shall therefore require that any person, firm, corporation, partnership or combination thereof, that contracts with the City for services, materials or supplies, shall not discriminate in any of its hiring or employment practices, shall comply with all provisions pertaining to nondiscrimination in hiring and employment, and shall require Affirmative Action Programs in contracts in accordance with the provisions of this Code. The awarding authority and/or Office of Contract Compliance of the Department of Public Works shall monitor and inspect the activities of each such contractor to determine that they are in compliance with the provisions of this chapter.

Although in accordance with Section 22.359 of this Code, the Board of Public Works, Office of Contract Compliance, is responsible for the administration of the City’s Contract Compliance Program, accomplishing the intent of the City in contract compliance and achieving nondiscrimination in contractor employment shall be the continuing responsibility of each awarding authority. Each awarding authority shall use only the rules, regulations and forms provided by the Office of Contract Compliance to monitor, inspect or investigate contractor compliance with the provisions of this chapter.

Each awarding authority shall provide immediate notification upon award of each contract by that awarding authority to the Office of Contract Compliance. Each awarding authority shall call upon the Office of Contract Compliance to review, evaluate and recommend on any contractual dispute or issue of noncompliance under the provisions of this chapter. The Office of Contract Compliance shall be notified by each awarding authority of any imminent announcement to bid, to allow the Office of Contract Compliance the opportunity to participate with the awarding authority in the monitoring, review, evaluation, investigation, audit and enforcement of the provisions of this chapter in accordance with the rules, regulations and forms promulgated to implement the City’s Contract Compliance, Equal Employment Opportunity Program.

Section History: Based on Ord. No. 132,533, Eff. 7-25-66; Amended by: Ord. No. 147,030, Eff. 4-28-75; Ord. No. 173,186, Eff. 5-22-00.

Sec. 10.8.1. Definitions.

The following definitions shall apply to the following terms used in this article:

“Awarding Authority” means any Board or Commission of the City of Los Angeles, or any authorized employee or officer of the City of Los Angeles, including the Purchasing Agent of the City of Los Angeles, who makes or enters into any contract or agreement for the provision of any goods or services of any kind or nature whatsoever for or on behalf of the City of Los Angeles.

“Contract” means any agreement, franchise, lease, or concession, including agreements for any occasional professional or technical personal services, for the performance of any work or service, the provision of any materials or supplies, or the rendition of any service to the City of Los Angeles or to the public, which is let, awarded or entered into with, or on behalf of, the City of Los Angeles or any awarding authority thereof.

“Contractor” means any person, firm, corporation, partnership, or any combination thereof, who submits a bid or proposal or enters into a contract with any awarding authority of the City of Los Angeles.

“Domestic partners” means, for purposes of this Article, any two adults, of the same or different sex, who have registered with a governmental entity pursuant to state or local law authorizing this registration or with a internal registry maintained by an employer of at least one of the domestic partners.

“Employment Practices” means any solicitation of, or advertisement for, employees, employment, change in grade or work assignment, assignment or change in place or location of work, layoff, suspension, or termination of employees, rate of pay or other form of compensation including vacation, sick and compensatory time, selection for training, including apprenticeship programs, any and all employee benefits and activities, promotion and upgrading, and any and all actions taken to discipline employees for infractions of work rules or employer requirements.

“Office of Contract Compliance” is that office of the Department of Public Works of the City of Los Angeles created by Article X of Chapter 13 of Division 22 of the Los Angeles Administrative Code.

“Subcontractor” means any person, firm or corporation or partnership, or any combination thereof who enters into a contract with a contractor to perform or provide a portion or part of any contract with the City.

Section History: Amended by: Ord. No. 147,030, Eff. 4-28-75; “Affirmative Action,” Ord. No. 164,516, Eff. 4-13-89; “Affirmative Action,” Ord. No. 168,244, Eff. 10-18-92; “Domestic partners” added, Ord. No. 172,909, Eff. 1-9-00; first two definitions deleted, Ord. No. 173,186, Eff. 5-22-00; “Domestic partners,” Ord. No. 175,115, Eff. 4-12-03.

Sec. 10.8.1.1. Summary of Thresholds.

The following thresholds will be used to determine the non-discrimination and affirmative action requirements set forth in this chapter for each type of contract.

Non-discrimination Practices as outlined in Section 10.8.2 of this Code, apply to all contracts.

Equal Employment Practices as outlined in Section 10.8.3 of this Code, apply to all construction contracts of $1,000 or more and all non-construction contracts of $1,000 or more.

Affirmative Action Program as outlined in Sections 10.8.4 and 10.13 of this Code, applies to all Construction Contracts of $5,000 or more and all non-Construction Contracts of $100,000 or more.

Section History: Added by Ord. No. 173,186, Eff. 5-22-00.

Sec. 10.8.2. All Contracts: Non-discrimination Clause.

Notwithstanding any other provision of any ordinance of the City of Los Angeles to the contrary, every contract which is let, awarded or entered into with or on behalf of the City of Los

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Angeles, shall contain by insertion therein a provision obligating the contractor in the performance of such contract not to discriminate in his or her employment practices against any employee or applicant for employment because of the applicant’s race, religion, national origin, ancestry, sex, sexual orientation, age, disability, marital status, domestic partner status, or medical condition. All contractors who enter into such contracts with the City shall include a like provision in all subcontracts awarded for work to be performed under the contract with the City. Failure of the contractor to comply with this requirement or to obtain the compliance of its subcontractors with such obligations shall subject the contractor to the imposition of any and all sanctions allowed by law, including but not limited to termination of the contractor’s contract with the City.

Section History: Added by Ord. No. 172,908, Eff. 1-9-00; Amended by: Ord. No. 173,054, Eff. 2-27-00; Ord. No. 173,058, Eff. 3-4-00; Ord. No. 173,142, Eff. 3-30-00; Ord. No. 173,285, Eff. 6-26-00, Oper. 7-1-00; In Entirety, Ord. No. 175,115, Eff. 4-12-03; Subsec. (b)(7), Ord. No. 176,155, Eff. 9-22-04.

Sec. 10.8.3. Equal Employment Practices Provisions.

Every non-construction contract with or on behalf of the City of Los Angeles for which the consideration is $1,000 or more, and every construction contract for which the consideration is $1,000 or more, shall contain the following provisions, which shall be designated as the EQUAL EMPLOYMENT PRACTICES provision of such contract:

A. During the performance of this contract, the contractor agrees and represents that it will provide equal employment practices and the contractor and each subcontractor hereunder will ensure that in his or her employment practices persons are employed and employees are treated equally and without regard to or because of race, religion, ancestry, national origin, sex, sexual orientation, age, disability, marital status or medical condition.

1. This provision applies to work or service performed or materials manufactured or assembled in the United States.

2. Nothing in this Section shall require or prohibit the establishment of new classifications of employees in any given craft, work or service category.

3. The contractor agrees to post a copy of Paragraph A hereof in conspicuous places at its place of business available to employees and applicants for employment.

B. The contractor will, in all solicitations or advertisements for employees placed by or on behalf of the contractor, state that all qualified applicants will receive consideration for employment without regard to their race, religion, ancestry, national origin, sex, sexual orientation, age, disability, marital status or medical condition.

C. As part of the City’s supplier registration process, and/or at the request of the awarding authority, or the Board of Public Works, Office of Contract Compliance, the contractor shall certify in the specified format that he or she has not discriminated in the performance of City contracts against any employee or applicant for employment on the basis or because of race, religion, national origin, ancestry, sex, sexual orientation, age, disability, marital status or medical condition.

D. The contractor shall permit access to and may be required to provide certified copies of all of his or her records

pertaining to employment and to employment practices by the awarding authority or the Office of Contract Compliance for the purpose of investigation to ascertain compliance with the Equal Employment Practices provisions of City contracts. On their or either of their request the contractor shall provide evidence that he or she has or will comply therewith.

E. The failure of any contractor to comply with the Equal Employment Practices provisions of this contract may be deemed to be a material breach of City contracts. Such failure shall only be established upon a finding to that effect by the awarding authority, on the basis of its own investigation or that of the Board of Public Works, Office of Contract Compliance. No such finding shall be made or penalties assessed except upon a full and fair hearing after notice and an opportunity to be heard has been given to the contractor.

F. Upon a finding duly made that the contractor has failed to comply with the Equal Employment Practices provisions of a City contract, the contract may be forthwith canceled, terminated or suspended, in whole or in part, by the awarding authority, and all monies due or to become due hereunder may be forwarded to and retained by the City of Los Angeles. In addition thereto, such failure to comply may be the basis for a determination by the awarding authority or the Board of Public Works that the said contractor is an irresponsible bidder or proposer pursuant to the provisions of Section 371 of the Charter of the City of Los Angeles. In the event of such a determination, such contractor shall be disqualified from being awarded a contract with the City of Los Angeles for a period of two years, or until the contractor shall establish and carry out a program in conformance with the provisions hereof.

G. Notwithstanding any other provision of this contract, the City of Los Angeles shall have any and all other remedies at law or in equity for any breach hereof.

H. The Board of Public Works shall promulgate rules and regulations through the Office of Contract Compliance, and provide necessary forms and required language to the awarding authorities to be included in City Request for Bids or Request for Proposal packages or in supplier registration requirements for the implementation of the Equal Employment Practices provisions of this contract, and such rules and regulations and forms shall, so far as practicable, be similar to those adopted in applicable Federal Executive orders. No other rules, regulations or forms may be used by an awarding authority of the City to accomplish the contract compliance program.

I. Nothing contained in this contract shall be construed in any manner so as to require or permit any act which is prohibited by law.

J. At the time a supplier registers to do business with the City, or when an individual bid or proposal is submitted, the contractor shall agree to adhere to the Equal Employment Practices specified herein during the performance or conduct of City Contracts.

K. Equal Employment Practices shall, without limitation as to the subject or nature of employment activity, be concerned with such employment practices as:

1. Hiring practices;

2. Apprenticeships where such approved programs are functioning, and other on-the-job training for non-apprenticeable occupations;

3. Training and promotional opportunities; and

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4. Reasonable accommodations for persons with disabilities.

L. All contractors subject to the provisions of this section shall include a like provision in all subcontracts awarded for work to be performed under the contract with the City and shall impose the same obligations, including but not limited to filing and reporting obligations, on the subcontractors as are applicable to the contractor. Failure of the contractor to comply with this requirement or to obtain the compliance of its subcontractors with all such obligations shall subject the contractor to the imposition of any and all sanctions allowed by law, including but not limited to termination of the contractor’s contract with the City.

Section History: Amended by: Ord. No. 147,030, Eff. 4-28-75; Paragraphs A., B., C., Ord. No. 164,516, Eff. 4-13-89; Paragraphs C., Ord. No. 168,244, Eff. 10-18-92; Ord. No. 173,186, Eff. 5-22-00; Subsec. F Ord. No. 173,285, Eff. 6-26-00, Oper. 7-1-00.

Sec. 10.8.4. Affirmative Action Program Provisions.

Every non-construction contract with or on behalf of the City of Los Angeles for which the consideration is $100,000 or more and every construction contract with or on behalf of the City of Los Angeles for which the consideration is $5,000 or more shall contain the following provisions which shall be designated as the AFFIRMATIVE ACTION PROGRAM provisions of such contract:

A. During the performance of a City contract, the contractor certifies and represents that the contractor and each subcontractor hereunder will adhere to an affirmative action program to ensure that in its employment practices, persons are employed and employees are treated equally and without regard to or because of race, religion, ancestry, national origin, sex, sexual orientation, age, disability, marital status or medical condition.

1. This provision applies to work or services performed or materials manufactured or assembled in the United States.

2. Nothing in this section shall require or prohibit the establishment of new classifications of employees in any given craft, work or service category.

3. The contractor shall post a copy of Paragraph A hereof in conspicuous places at its place of business available to employees and applicants for employment.

B. The contractor will, in all solicitations or advertisements for employees placed by or on behalf of the contractor, state that all qualified applicants will receive consideration for employment without regard to their race, religion, ancestry, national origin, sex, sexual orientation, age, disability, marital status or medical condition.

C. As part of the City’s supplier registration process, and/or at the request of the awarding authority or the Office of Contract Compliance, the contractor shall certify on an electronic or hard copy form to be supplied, that the contractor has not discriminated in the performance of City contracts against any employee or applicant for employment on the basis or because of race, religion, ancestry, national origin, sex, sexual orientation, age, disability, marital status or medical condition.

D. The contractor shall permit access to and may be required to provide certified copies of all of its records pertaining to employment and to its employment practices by

the awarding authority or the Office of Contract Compliance, for the purpose of investigation to ascertain compliance with the Affirmative Action Program provisions of City contracts, and on their or either of their request to provide evidence that it has or will comply therewith.

E. The failure of any contractor to comply with the Affirmative Action Program provisions of City contracts may be deemed to be a material breach of contract. Such failure shall only be established upon a finding to that effect by the awarding authority, on the basis of its own investigation or that of the Board of Public Works, Office of Contract Compliance. No such finding shall be made except upon a full and fair hearing after notice and an opportunity to be heard has been given to the contractor.

F. Upon a finding duly made that the contractor has breached the Affirmative Action Program provisions of a City contract, the contract may be forthwith cancelled, terminated or suspended, in whole or in part, by the awarding authority, and all monies due or to become due hereunder may be forwarded to and retained by the City of Los Angeles. In addition thereto, such breach may be the basis for a determination by the awarding authority or the Board of Public Works that the said contractor is an irresponsible bidder or proposer pursuant to the provisions of Section 371 of the Los Angeles City Charter. In the event of such determination, such contractor shall be disqualified from being awarded a contract with the City of Los Angeles for a period of two years, or until he or she shall establish and carry out a program in conformance with the provisions hereof.

G. In the event of a finding by the Fair Employment and Housing Commission of the State of California, or the Board of Public Works of the City of Los Angeles, or any court of competent jurisdiction, that the contractor has been guilty of a willful violation of the California Fair Employment and Housing Act, or the Affirmative Action Program provisions of a City contract, there may be deducted from the amount payable to the contractor by the City of Los Angeles under the contract, a penalty of TEN DOLLARS ($10.00) for each person for each calendar day on which such person was discriminated against in violation of the provisions of a City contract.

H. Notwithstanding any other provisions of a City contract, the City of Los Angeles shall have any and all other remedies at law or in equity for any breach hereof.

I. The Public Works Board of Commissioners shall promulgate rules and regulations through the Office of Contract Compliance and provide to the awarding authorities electronic and hard copy forms for the implementation of the Affirmative Action Program provisions of City contracts, and rules and regulations and forms shall, so far as practicable, be similar to those adopted in applicable Federal Executive Orders. No other rules, regulations or forms may be used by an awarding authority of the City to accomplish this contract compliance program.

J. Nothing contained in City contracts shall be construed in any manner so as to require or permit any act which is prohibited by law.

K. The contractor shall submit an Affirmative Action Plan which shall meet the requirements of this chapter at the time it submits its bid or proposal or at the time it registers to do business with the City. The plan shall be subject to approval by the Office of Contract Compliance prior to award of the contract. The awarding authority may also require contractors and suppliers to take part in a pre-registration, pre-bid, pre-proposal, or pre-award conference in order to develop, improve

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or implement a qualifying Affirmative Action Plan. Affirmative Action Programs developed pursuant to this section shall be effective for a period of twelve months from the date of approval by the Office of Contract Compliance. In case of prior submission of a plan, the contractor may submit documentation that it has an Affirmative Action Plan approved by the Office of Contract Compliance within the previous twelve months. If the approval is 30 days or less from expiration, the contractor must submit a new Plan to the Office of Contract Compliance and that Plan must be approved before the contract is awarded.

(1) Every contract of $5,000 or more which may provide construction, demolition, renovation, conservation or major maintenance of any kind shall in addition comply with the requirements of Section 10.13 of the Los Angeles Administrative Code.

(2) A contractor may establish and adopt as its own Affirmative Action Plan, by affixing his or her signature thereto, an Affirmative Action Plan prepared and furnished by the Office of Contract Compliance, or it may prepare and submit its own Plan for approval.

L. The Office of Contract Compliance shall annually supply the awarding authorities of the City with a list of contractors and suppliers who have developed Affirmative Action Programs. For each contractor and supplier the Office of Contract Compliance shall state the date the approval expires. The Office of Contract Compliance shall not withdraw its approval for any Affirmative Action Plan or change the Affirmative Action Plan after the date of contract award for the entire contract term without the mutual agreement of the awarding authority and the contractor.

M. The Affirmative Action Plan required to be submitted hereunder and the pre-registration, pre-bid, pre-proposal or pre-award conference which may be required by the Board of Public Works, Office of Contract Compliance or the awarding authority shall, without limitation as to the subject or nature of employment activity, be concerned with such employment practices as:

1. Apprenticeship where approved programs are functioning and other on-the-job training for non-apprenticeable occupations;

2. Classroom preparation for the job when not apprenticeable;

3. Pre-apprenticeship education and preparation;

4. Upgrading training and opportunities;

5. Encouraging the use of contractors, subcontractors and suppliers of all racial and ethnic groups, provided, however, that any contract subject to this ordinance shall require the contractor, subcontractor or supplier to provide not less than the prevailing wage, working conditions and practices generally observed in private industries in the contractor’s, subcontractor’s or supplier’s geographical area for such work;

6. The entry of qualified women, minority and all other journeymen into the industry; and

7. The provision of needed supplies or job conditions to permit persons with disabilities to be employed, and minimize the impact of any disability.

N. Any adjustments which may be made in the contractor’s or supplier’s work force to achieve the requirements of the City’s Affirmative Action Contract

Compliance Program in purchasing and construction shall be accomplished by either an increase in the size of the work force or replacement of those employees who leave the work force by reason of resignation, retirement or death and not by termination, layoff, demotion or change in grade.

O. Affirmative Action Agreements resulting from the proposed Affirmative Action Plan or the pre-registration, pre-bid, pre-proposal or pre-award conferences shall not be confidential and may be publicized by the contractor at his or her discretion. Approved Affirmative Action Agreements become the property of the City and may be used at the discretion of the City in its Contract Compliance Affirmative Action Program.

P. This ordinance shall not confer upon the City of Los Angeles or any Agency, Board or Commission thereof any power not otherwise provided by law to determine the legality of any existing collective bargaining agreement and shall have application only to discriminatory employment practices by contractors or suppliers engaged in the performance of City contracts.

Q. All contractors subject to the provisions of this section shall include a like provision in all subcontracts awarded for work to be performed under the contract with the City and shall impose the same obligations, including but not limited to filing and reporting obligations, on the subcontractors as are applicable to the contractor. Failure of the contractor to comply with this requirement or to obtain the compliance of its subcontractors with all such obligations shall subject the contractor to the imposition of any and all sanctions allowed by law, including but not limited to termination of the contractor’s contract with the City.

Section History: Amended by Ord. No. 147,030, Eff. 4-28-75; Paragraphs A., B., C., Ord. No. 164,516, Eff. 4-13-89; Paragraphs B. and C., Ord. No. 168,244, Eff. 10-18-92; Title and Section, Ord. No. 173,186, Eff. 5-22-00; Subsec. F, Ord. No. 173,285, Eff. 6-26-00, Oper. 7-1-00.

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ASSIGNMENT OF ANTI-TRUST CLAIMS It is the policy of Los Angeles World Airports (“LAWA”) to inform each Bidder/Proposer that in submitting a bid/proposal to LAWA, the Bidder/Proposer may be subject to California Government Code Sections 4550 – 4554. If applicable, the Bidder/Proposer offers and agrees that if the bid is accepted, it will assign to LAWA all rights, title, and interest in and to all causes of action it may have under Section 4 of the Clayton Act or under the Cartwright Act, arising from purchases of goods, services, or materials by the Bidder/Proposer. Such assignment is made and becomes effective at the time LAWA tenders final payment to the Bidder/Proposer.

GOVERNMENT CODE SECTION 4550-4554 4550. As used in this chapter: (a) "Public purchase" means a purchase by means of competitive bids of goods, services, or materials by the state or any of its political subdivisions or public agencies on whose behalf the Attorney General may bring an action pursuant to subdivision (c) of Section 16750 of the Business and Professions Code. (b) "Public purchasing body" means the state or the subdivision or agency making a public purchase. 4552. In submitting a bid to a public purchasing body, the bidder offers and agrees that if the bid is accepted, it will assign to the purchasing body all rights, title, and interest in and to all causes of action it may have under Section 4 of the Clayton Act (15 U.S.C. Sec. 15) or under the Cartwright Act (Chapter 2 (commencing with Section 16700) of Part 2 of Division 7 of the Business and Professions Code), arising from purchases of goods, materials, or services by the bidder for sale to the purchasing body pursuant to the bid. Such assignment shall be made and become effective at the time the purchasing body tenders final payment to the bidder. The preceding provisions of this section shall be included in full in any specifications for the public purchase and shall be included in full in the bid agreement or general provisions incorporated into the bid agreement. 4553. If an awarding body or public purchasing body receives, either through judgment or settlement, a monetary recovery for a cause of action assigned under this chapter, the assignor shall be entitled to receive reimbursement for actual legal costs incurred and may, upon demand, recover from the public body any portion of the recovery, including treble damages, attributable to overcharges that were paid by the assignor but were not paid by the public body as part of the bid price, less the expenses incurred in obtaining that portion of the recovery. In state contracts, the preceding provisions of this section shall be included in full in any specifications for the public purchase and shall be included in full in the bid agreement or general provisions incorporated into the bid agreement. 4554. Upon demand in writing by the assignor, the assignee shall, within one year from such demand, reassign the cause of action assigned under this part if the assignor has been or may have been injured by the violation of law for which the cause of action arose and (a) the assignee has not been injured thereby, or (b) the assignee declines to file a court action for the cause of action. In state contracts, the preceding provisions of this section shall be included in full in any specifications for the public purchase and shall be included in full in the bid agreement or general provisions incorporated into the bid agreement.

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CHILD SUPPORT OBLIGATIONS Pursuant to the LAAC, Division 10, Chapter 1, Article 1, Section 10.10, contractors and subcontractors performing work for the City must comply with all reporting requirements and Wage and Earning Assignment Orders relative to legally mandated child support and certify that contractors/subcontractors will maintain such compliance throughout the term of the contract.

Sec. 10.10. Child Support Assignment Orders. a. Definitions.

1. Awarding Authority means a subordinate or component entity or person of the City (such as a City department or Board of Commissioners) that has the authority to enter into a contract or agreement for the provision of goods or services on behalf of the City of Los Angeles.

2. Contract means any agreement, franchise, lease or concession including an agreement for any occasional professional or technical personal services, the performance of any work or service, the provision of any materials or supplies, or the rendering of any service to the City of Los Angeles or to the public which is let, awarded or entered into with, or on behalf of, the City of Los Angeles or any awarding authority thereof.

3. Contractor means any person, firm, corporation, partnership or any combination thereof which submits a bid or proposal or enters into a contract with any awarding authority of the City of Los Angeles.

4. Subcontractor means any person, firm, corporation, partnership or any combination thereof who enters into a contract with a contractor to perform or provide a portion of any contract with the City.

5. Principal Owner means any person who owns an interest of 10 percent or more in a contractor or subcontractor as defined herein.

b. Mandatory Contract Provisions. Every contract that is let, awarded or entered into with or on behalf of the City of Los Angeles shall contain a provision obligating the contractor or subcontractor to fully comply with all applicable State and Federal employment reporting requirements for the contractor or subcontractor’s employees. The contractor or subcontractor will also be required to certify that the principal owner(s) thereof are in compliance with any Wage and Earnings Assignment Orders and Notices of Assignment applicable to them personally, that the contractor or subcontractor will fully comply with all lawfully served Wage and Earnings Assignment Orders and Notices of Assignments in accordance with California Family Code §§5230 et seq. and that the contractor or subcontractor will maintain such compliance throughout the term of the contract.

Failure of a contractor or subcontractor to comply with all applicable reporting requirements or to implement lawfully served Wage and Earnings Assignments or Notices of Assignment or failure of the principal owner(s) to comply with any Wage and Earnings Assignments or Notices of Assignment applicable to them personally shall constitute a default under the contract. Failure of the contractor or

subcontractor or principal owner thereof to cure the default within 90 days of notice of such default by the City shall subject the contract to termination.

c. Notice to Bidders. Each awarding authority shall be responsible for giving notice of the provisions of this ordinance to those who bid on, or submit proposals for, prospective contracts with the City.

d. Current Contractor Compliance. Within 30 days of the operative date of this ordinance, the City, through its operating departments, shall serve upon existing contractors a written request that they and their subcontractors (if any) comply with all applicable State and Federal employment reporting requirements for the contractor and subcontractor’s employees, that they certify that the principal owner(s) of the contractor and any subcontractor are in compliance with any Wage and Earnings Assignment Orders and Notices of Assignment applicable to them personally, that the contractor and subcontractor will fully comply with all lawfully served Wage and Earnings Assignment Orders and Notices of Assignments in accordance with California Family Code §§5230 et seq. and that the contractor and subcontractor will maintain such compliance throughout the term of the contract.

e. City’s Compliance with California Family Code. The City shall maintain its compliance with the provisions of California Family Code §§5230 et seq. and all other applicable law regarding its obligations as an employer to implement lawfully served Wage and Earnings Assignments and Notices of Assignment.

f. Report of Employees Names to District Attorney. 1. The City shall maintain its current practice of assisting the District Attorney’s support enforcement activities by annually reporting to the Los Angeles County District Attorney the names of all of its employees and retirees so that the District Attorney may identify those employees and retirees subject to Wage and Earnings Assignment Orders and Notices of Assignment and may establish court orders for support, where appropriate. Should the District Attorney so request it, the City will provide such information on a more frequent basis.

2. All applicants for employment with the City of Los Angeles will be asked to acknowledge their responsibility to comply with any court-ordered support obligations and will be advised of the City’s practice of assisting the District Attorney as described in the provisions of Subsection f.1., above.

SECTON HISTORY Added by Ord. No. 172,401, Eff.2-13-99.

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FIRST SOURCE HIRING PROGRAM Pursuant to Resolution No. 22674 adopted by Board of Airport Commissioners on April 18, 2005, any contract awarded July 1, 2005 and thereafter shall be subject to the applicable provisions of the First Source Hiring Program (FSHP) for LAX airport jobs. This program will provide early access to targeted applicants for available LAX airport jobs, and employers will receive prompt, cost-free referrals of qualified and trained applicants. All Contractors, Lessees, Licensees, and Construction Contractors with non-trade jobs, with new, amended, or renewed contracts will be required to participate in this program. As such, the FSHP will be incorporated as a material term of all LAX airport contracts, lease agreements and licensing or permitting agreements. LAX employers with open non-construction positions must contact the FSHP, register their company and post their positions on the Applicant Tracking System (ATS) prior to posting their positions to the general public. Failure to comply with this contract provision may result in liquidated damages of $1,000.00. For additional information regarding First Source Hiring Program please contact: Business and Job Resources Center, First Source Hiring Program, 6053 W. Century Blvd., 3rd Floor, Los Angeles, CA 90045, (424) 646-7300, (424) 646-9257 fax., web: www.lawa.org/bjrc.

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LIVING WAGE ORDINANCE Unless otherwise exempt in accordance with the provisions of the Living Wage Ordinance, Los Angeles Administrative Code Section 10.37 et seq., as amended from time to time (the “LWO”), (i) contractors under service contracts primarily for the furnishing of services to or for the City and that involve an expenditure or receipt in excess of $25,000 and a contract term of at least three (3) months, (ii) certain lessees and licensees of City property, and (iii) certain recipients of City financial assistance, shall comply with the provisions of the LWO. Generally, the LWO requirements are as follows: (i) Wages: employers shall pay its employees a wage of no less than the hourly rates set under the LWO; and (ii) Compensated Days Off: employers shall provide at least twelve (12) compensated days off per year for sick leave, vacation or personal necessity at the employee’s request, and employers shall also permit its employees to take at least an additional ten (10) days a year of uncompensated time to be used for sick leave for the illness of the employee or a member of his or her immediate family where the employee has exhausted his or her compensated days off for that year. On September 9, 2009, the Los Angeles City Council unanimously approved an amending ordinance to Living Wage that requires airport employers at all airports in the LAWA system to increase the hourly rate for health benefits of airport employees covered by LWO. For “Airport Employees,” the living wage rates, effective July 1, 2014, will increase to $11.03 per hour. Additionally, in accordance with Section 10.37.3(a) of the LWO, the health benefits are to be adjusted consistent with Section 10.37.2(a). Consequently, the health benefits will increase to $4.81 per hour or $15.84 per hour without health benefits. Compliance with LWO does not require any form to be submitted with the bid/proposal, however, if the Bidders/Proposers believe that they meet the qualifications for one of the LWO Statutory Exemptions (Collective bargaining agreement with supersession language or Occupational license; 501(c)(3) Non-Profit Organizations or One-Person Contractors; Small Business (for lessees and licensees only)), they shall submit with their bid/proposal one of the exemption forms along with supporting documents. Once the contract is executed, the contractor is required to complete and submit the following forms:

• Employee Information Form • Subcontractor Information Form

All the forms as well as the draft contract language pertaining to LWO compliance are available at: http://www.lawa.org/welcome_LAWA.aspx?id=596. Please follow the instructions on the forms for completion and submittal. For the most current LWO rates, rules and regulations, please visit the Department of Public Works’ website at http://bca.lacity.org or contact the Bureau of Contract Administration, Office of Contract Compliance, 1149 S. Broadway St., Suite 300, Los Angeles, CA 90015; phone: (213) 847-1922, and fax: (213) 847-2777.

http://www.lawa.org/uploadedFiles/LAWA/pdf/LWO_OCCExemption_Application.pdf

http://www.lawa.org/uploadedFiles/LAWA/pdf/LWO_OCCExemption_Application.pdf

http://www.lawa.org/uploadedFiles/LAWA/pdf/LWO_Departmental_Exemption_Application.pdf

http://www.lawa.org/uploadedFiles/LAWA/pdf/LWO_Departmental_Exemption_Application.pdf

http://www.lawa.org/uploadedFiles/LAWA/pdf/LWO_Small_Business_Exemption_Application.pdf

http://www.lawa.org/uploadedFiles/LAWA/pdf/LWO_Employee_Information_Form.pdf

http://www.lawa.org/uploadedFiles/LAWA/pdf/LW_18_Subcontractor_Information_Form.pdf


http://bca.lacity.org/

Rev. 6/14

City of Los Angeles

CALIFORNIA

Eric Garcetti

MAYOR

CURRENT AND PRIOR LIVING WAGE RATES FOR AIRPORT EMPLOYEES

EFFECTIVE DATES CASH WAGE + HEALTH BENEFITS (HB) FULL CASH WAGE July 1, 2014 - June 30, 2015 $11.03 + $4.81 per hour in HB $15.84 per hour July 1, 2013 - June 30, 2014 $10.91 + $4.76 per hour in HB $15.67 per hour July 1, 2012 - June 30, 2013 $10.70 + $4.67 per hour in HB $15.37 per hour July 1, 2011 - June 30, 2012 $10.42 + $4.55 per hour in HB $14.97 per hour July 1, 2010 - June 30, 2011 No Increase** Jan 19, 2010 - June 30, 2010 $10.30 + $4.50* per hour in HB $14.80 per hour

July 1, 2009 – Jan 18, 2010 $10.30 + $1.25 per hour in HB $11.55 per hour July 1, 2008 - June 30, 2009 $10.00 + $1.25 per hour in HB $11.25 per hour July 1, 2007 - June 30, 2008 $9.71 + $1.25 per hour in HB $10.96 per hour July 1, 2006 - June 30, 2007 $9.39 + $1.25 per hour in HB $10.64 per hour July 1, 2005 - June 30, 2006 $9.08 + $1.25 per hour in HB $10.33 per hour July 1, 2004 - June 30, 2005 $8.78 + $1.25 per hour in HB $10.03 per hour July 1, 2003 - June 30, 2004 $8.53 + $1.25 per hour in HB $9.78 per hour July 1, 2002 - June 30, 2003 $8.27 + $1.25 per hour in HB $9.52 per hour July 1, 2001 - June 30, 2002 $7.99 + $1.25 per hour in HB $9.24 per hour July 1, 2000 - June 30, 2001 $7.72 + $1.25 per hour in HB $8.97 per hour July 1, 1999 - June 30, 2000 $7.51 + $1.25 per hour in HB $8.76 per hour July 1, 1998 - June 30, 1999 $7.39 + $1.25 per hour in HB $8.64 per hour July 1, 1997 - June 30, 1998 $7.25 + $1.25 per hour in HB $8.50 per hour

* Amendment to the Living Wage Ordinance to increase the health benefits effective January 19, 2010. ** The CPI applicable to the COLA for the July 2010 annual adjustment was -0.8% thereby resulting in a 0% adjustment to both the living wage rate and the health benefit contribution.

For additional information or assistance, call: City of Los Angeles

Department of Public Works Bureau of Contract Administration

Office of Contract Compliance 1149 S. Broadway Street, Suite 300

Los Angeles, CA 90015 Phone: (213) 847-2625 – Email: [email protected]


RFP ATTACHMENT 2

PROPOSAL PART B - PROPOSAL EXAMPLE

COVER LETTER


[Proposer Letterhead]

City of Los Angeles

Los Angeles World Airports Los Angeles International Airport

Proposer: _____________________________ Date: _______________ Gina Marie Lindsey, Executive Director Los Angeles World Airports Clifton A. Moore Administration Office Building 1 World Way Los Angeles, CA 90045 Dear Ms. Lindsey In response to the Request For Proposals (RFP) for On-Call Professional Engineering Design Services, the undersigned hereby declares that I have carefully read and examined the enclosed proposal documents and hereby submit this three part proposal in response to said RFP. I, the undersigned, agree that this proposal constitutes a valid offer to perform and complete the Contract described in the RFP. I, the undersigned, agree to appear at Los Angeles International Airport, 7301 World Way West Office Building, or other location to participate in a presentation and interview at the date and place of a written notice from the Executive Director to do so, mailed and/or e-mailed to our business address. I, the undersigned, acknowledge the right of LAWA to waive informalities in the proposals, to reject any or all proposals submitted, and to re-advertise for proposals. I, the undersigned, acknowledge receipt and consideration of the following addenda to the proposal documents: Addenda Numbers: _________________________________


I certify that I have examined and am fully familiar with the Request For Proposals documents and that I have satisfied myself with the respect to any questions I have regarding the RFP which could have in any way affected my understanding of the Scope of Work or my multiplier proposal fee. I, the undersigned, declare under penalty of perjury under the laws of the State of California, that the information stated in the proposal is true and correct. Proposer: ___[Enter Legal Name of Proposer, Responsible Proposal Contact Person , Phone Number, and E-mail Address:]_____________________________ By: ________________________________ Proposer’s Business Address: (signature) ____________________________________ __________________________________ (type or print name) ____________________________________ ___________________________________

(title)


RFP ATTACHMENT 3

PROPOSAL PART C

MULTIPLIER PROPOSAL SUBMITTAL


[Company Letterhead in a separate sealed envelope] Date: ________________ TO: Los Angeles World Airports

ATTENTION: Administration West 7301 World Way West, 9th Floor Los Angeles, CA 90045

PROJECT: On-Call Professional Engineering Design Services PROPOSAL PART C: MULTIPLIER PROPOSAL

A B C D E

Firm Name

Labor Rate 1

Labor is the

base of the

multiplier

Office 2

Overhead as a multiplier of Labor

Rate

Profit 3

as a multiplier of

(B + C)

Proposed Multiplier4

[For Evaluation Purposes]

(B + C + D)

[0.00] PROPOSER 1.0

Subconsultant 1 1.0 Same as Proposer Subconsultant 2 1.0 Same as Proposer Subconsultant 3 1.0 Same as Proposer Subconsultant 4 1.0 Same as Proposer Subconsultant 5 1.0 Same as Proposer Subconsultant 6 1.0 Same as Proposer Subconsultant 7 1.0 Same as Proposer

The above is our Proposed Multiplier for the subject RFP. It is understood by all parties that this Proposed Multiplier includes all consideration for the proposer’s office overhead, general and administrative expenses and profit and will be the basis for calculating the Part C Multiplier component of the total proposal’s evaluation.

It is further understood by all parties that the final contractual multipliers to be applied to direct labor, are the totals of “(B + C + (B+C)xD)” above, subject to LAWA audit of the respective overheads. It is also understood that the contractual multiplier for field office staff will be established at these negotiations.

The final contractual multiplier shall be applied to the appropriate direct labor costs only, not on other direct reimbursable costs. The Contract-allowed 3% Prime Consultant’s management markup on sub-consultants’ direct labor is independent of the final contractual multipliers. PROPOSER: ____________________________________________________________ BY: _________________________________

(Signature)

_________________________________ (Printed Name)

_________________________________

(Title) NOTES: 1. Labor Rate shown here as 1.00 is the base direct labor rate actually paid to the employee sans any labor burden (the cost to a

company to carry labor aside from salary–essentially fringe benefits and taxes). 2. Office Overhead inserted here consists of the Labor Burden plus General & Administrative (G&A) Overhead plus departmental or

field office overhead less any unallowable overhead expenses, as defined by CFR Title 48, FAR, Part 31. This rate is subject to verification by LAWA prior to award to the highest ranked firm.

3. Profit is just that Profit. 4. Proposed Multiplier is the Multiplier that will be used for purposes of the proposal evaluation only!


RFP ATTACHMENT 4

DRAFT CONTRACT DOCUMENTS

DRAFT CONTRACT BETWEEN THE

CITY OF LOS ANGELES AND [Insert Vendor Name] FOR ON-CALL PROFESSIONAL ENGINEERING DESIGN SERVICES AT LOS ANGELES

INTERNATIONAL AIRPORT, LOS ANGELES/ONTARIO INTERNATIONAL AIRPORT, AND VAN NUYS AIRPORT

THIS CONTRACT, made and entered into this ________ day of ___________, 2015, by

and between the CITY OF LOS ANGELES, a municipal corporation, acting by order of and

through its Board of Airport Commissioners (hereinafter referred to as "City"), and[Insert Vendor Name], (hereinafter also referred to as "Consultant"),

R E C I T A L S

WHEREAS, City's Department of Airports, by action of the Board; approved and

authorized the issuance of a "Request for Proposals (RFP) for the on call design services

desired in the project entitled "On Call Professional Engineering Design Services”

(hereinafter referred to as "Project") at Los Angeles World Airports (hereinafter referred to as

“LAWA”); and

WHEREAS, the City of Los Angeles’ (City), Department of Airports (LAWA) is

responsible for the management and administration of this contract; and

WHEREAS, in response to said RFPs, Contractor was determined to be a top scoring

Proposer for the Project; and

WHEREAS, Consultant has represented it is engaged and expert in the business of

performing such Services; and

WHEREAS, Los Angeles World Airports (LAWA) will designate its representative(s) to

work with Consultant, and thereupon it will be incumbent upon Consultant to, at all times, keep

said LAWA representative(s) fully informed of all Services-related activities;

NOW THEREFORE, in consideration of the premises, and of the terms, covenants and

conditions hereinafter contained to be kept and performed by the respective parties hereto, IT IS

MUTUALLY AGREED AS FOLLOWS:

Section 1.0 Incorporation by Reference.

It is expressly understood and agreed that the “Scope of Services” (“Services”) has been

marked Exhibit “A” and is, by this reference, incorporated into and made a material part of this

Contract. It is further expressly understood and agreed that the Maximum “Rates”, marked

Exhibit “B”, and “Multiplier and Fees”, marked Exhibit “C”, applicable to this Contract are, by this

reference, incorporated into and made a material part of this Contract. It is further expressly

understood and agreed that the Cost Reimbursable Guidelines has been marked Exhibit “D,”

and is, by this reference, incorporated into and made a material part of this Contract. It is

further expressly understood and agreed that the First Source Hiring Program for Airport

Employees has been marked Exhibit “E,” and is, by this reference, incorporated into and made

a material part of this Contract. It is further expressly understood and agreed that the Insurance

Requirements for Los Angeles World Airports has been marked Exhibit “F” and is, by this

reference incorporated into and made a material part of this Contract. It is further expressly

understood and agreed that, the LAWA’s “Request For Proposals” (“RFP”) (including its

Administrative Requirements and Addendums) is, by this reference, incorporated into and made

a material part of this Contract as though fully set forth herein. Consultant expressly

acknowledges that this Contract is based upon the performance requirements contained in the

RFP.

Section 2.0 Term of Contract.

The term of this Contract shall be for a period of five (5) years commencing upon

Consultant's receipt from LAWA of a Notice-to-Proceed subject, however, to earlier termination

as hereinafter specified in Section 24.0, Abandonment of Program and Cancellation of Contract

or Suspension of Services. LAWA may terminate this Contract without cause and without

liability for damages, upon giving the Contractor a thirty (30) day advance written notice or as

otherwise provided herein.

Section 3.0 CEQA Compliance Conditions.

3.1. LAWA and the Consultant acknowledge and agree that the obligations of the

parties under this Contract are conditioned on LAWA complying with and completing the

California Environmental Quality Act (“CEQA”) process in connection with the Projects, and the

expiration of the applicable period for any challenge to the adequacy of LAWA’s compliance

with CEQA without any challenge being filed. LAWA and the Consultant acknowledge that

compliance with CEQA may require modifications to the Projects and agree that any

modifications made to the Projects as a result of compliance with CEQA may necessitate

amendments to this Contract in a mutually acceptable manner. Neither party shall be bound

hereby unless and until the CEQA process is completed, and there is no possibility of a

challenge pursuant to CEQA.

3.2. Mitigation measures and other potential changes or alternatives to the Projects,

required in connection with project level environmental reviews pursuant to CEQA, will be

addressed and added to the scope of the Projects as needed. This Contract does not authorize

the commencement of any activity on the Project prior to completion of the appropriate

environmental review and LAX Plan Compliance approval. No work may commence under the

Contract until the Consultant has received a Task Order.

3.3. With respect to the “Professional Engineering Services” enumerated in the Scope

of Services, this Contract is not legally binding, will not take legal effect, and no services may

commence until the Consultant has been given a Task Order.

Section 4.0 Services to be Performed by Consultant.

4.1. Scope of Services. Consultant agrees to perform all Services in strict

compliance with Exhibit “A”, “Scope of Services”. All work shall be assigned in written Task

Orders issued by LAWA and as may be further described in this Contract including all

documents incorporated herein or that may be referenced.

4.2. Incidental Work. It is expressly understood and agreed that Consultant shall

perform all incidental work required to complete the Services as described by Task Orders,

including work for which no specific proposal item(s) was/were included, and/or including work

which is required to furnish final, finished and detailed Work consistent with and fulfilling the

intent of the Contract Documents. All such incidental work shall not be considered extra work

for which additional compensation can be claimed by Consultant.

4.3. Deliverables. In its performance of the Services, the Consultant agrees to

provide any Deliverables defined in specific Task Orders to this Contract, and as may be further

described in this Contract.

4.4. During the term of this Contract, Consultant shall, at all times, comply with all

applicable laws, rules and regulations, of any and all City, State and Federal agencies,

including, but not limited to, the Federal Aviation Administration (FAA), Transportation Security

Administration (TSA), the Department of Transportation (DOT), which may have jurisdiction

over, or be concerned with, the programming and planning of Project tasks. Consultant shall

work with LAWA in resolving any conflicting legal authorities and/or requirements: however, to

the extent resolution of conflicts is not possible, LAWA’s determination will be final.

4.5. If a change in the applicable laws, rules or regulations causes an increase in the

scope of work or services to be performed by Consultant pursuant to this Contract, then the

parties hereto shall agree upon additional compensation, if any, to be paid to Consultant

therefore, and this Contract shall be amended, if authorized, in writing, by LAWA prior to the

performance by Consultant of said increased work or service.

Section 5.0 Task Orders.

5.1. Any Services to be provided by Consultant shall only be performed pursuant to

Task Orders that provide a detailed description of either the services or tasks to be performed

and the personnel to be provided, the time frame for the work to be performed, the not to

exceed amount to be charged, and any estimated expenses.

5.2. All personnel to be assigned to work under this Contract, other than any

personnel whose work is being compensated exclusively under a Lump Sum or Fixed Fee

Method, shall be authorized through the use of a written Task Order.

5.3. Consultant shall provide a complete detailed proposal for each Task Order. The

Task Order may be written to cover one or more Consultant employees from the attached list of

positions in the Exhibit B, Rates Tables.

5.4. Task Orders and any and all amendments to Task Orders shall be in writing and

signed by LAWA and the Consultant.

5.5. This is a non-exclusive Contract and the City and LAWA are only obligated to

Consultant for the scope and amount authorized within any given executed Task Order.

Section 6.0 Time Periods for Completion of Consultant's Services.

6.1. It is understood and agreed that time is of the essence in the performance of

each task(s), and phases within each task(s), under this Contract. The services and any

defined deliverables shall be completed and delivered to LAWA in a prompt and timely fashion

so as to permit the effective review and employment of the deliverables by LAWA during and

throughout the performance of the Project.

6.2. The time during which Consultant is delayed in its work by the acts or neglect of

LAWA, or by LAWA's employees or those under it by Contract or otherwise, by court order, by

acts or failures to act of local, State and Federal Agencies, and the Airlines, or by acts of God

which Consultant could not reasonably have foreseen and provided for, and which are not

caused by, or the continuance of which are not due to, any fault or negligence on the part of

Consultant, shall be added to the applicable period for completion of Consultant's services

under this Contract, but LAWA shall not be liable to Consultant for any damages on account of

any such delay(s).

Section 7.0 Consultant's Fee.

7.1 For all Services rendered under this Contract, all costs, direct or indirect, and all

expenses incurred by Consultant pursuant to this Contract, LAWA shall pay Consultant, subject

to the maximum hourly rates and cost schedules set forth in “Exhibits B, C, and D," attached

hereto and incorporated herein, on either (1) a mutually agreed-upon lump sum basis, (2) a

direct time and material basis, or (3) a fixed fee basis.

7.2 For all Services rendered under this Contract, all costs, direct or indirect, and all

expenses incurred by Consultant pursuant to this Contract, the total compensation to be paid to

the Consultant for all services rendered under this contract shall not exceed the total sum of

XXX Dollars ($XX,000,000.00).

7.3 LAWA, may add to the category(ies) of personnel, and or Sub-Consultants listed

on Exhibit "B," indicating corresponding hourly rates for such additional personnel. Any such

addition(s) of personnel, and/or of Sub-Consultants, shall not entitle Consultant to any additional

compensation beyond what is specified in Subsections 7.1 and 7.2 herein.

7.4. LAWA shall not be required to make payments for work not yet performed, nor

for work deemed unsatisfactory by LAWA. The parties agree that LAWA, shall make the final

determination as to when Consultant’s services, or any part thereof, have been satisfactorily

performed or completed to justify release of any given payment to Consultant under this

Contract.

Section 8.0 Payment of Consultant’s Fee.

8.1. Consultant shall submit a separate request for payment only on a monthly basis,

or as directed by LAWA, for Services completed during the billing period. Each request for

payment shall contain a cumulative total of all monthly billings, and shall identify the monthly

billing applicable to each task of Consultant’s Services. All requests for payments/invoices must

be in accordance with Exhibit “D”, “Cost Reimbursable Guidelines”.

8.2. LAWA reserves the right to request the use of specific billing templates supplied

by LAWA and any additional substantiation regarding any request for payment if LAWA

considers such additional substantiation to be in the best interests of LAWA. LAWA will process

each request for payment, following LAWA’s normal procedure, upon approval of the request for

payment by LAWA.

8.3. All payment requests submitted by Consultant for Services (performed by

Consultant, its sub-consultants or both) shall be certified by a duly authorized and

knowledgeable officer of Consultant in a statement containing the following:

"I certify, under penalty of perjury, under the laws of the State of California, that to the best of my knowledge and belief, the above bill/invoice is just, true and correct according to the terms of this Contract, and that payment therefore has not been received."

8.4. Consultant shall perform a thorough Quality Assurance (QA)/Quality Control

(QC) of each monthly invoice prior to submitting the same to LAWA. Any errors discovered in

the Consultants invoicing will be brought to the Consultant’s attention during the review cycle

and the Consultant will be given a short time frame of approximately 2-3 days to correct any

issues or provide adequate level of support documentation in order to keep the invoice in

process. Should the correction not be made in the time specified, the charges will be removed

and the invoices short paid. Should the charges be supported after the deadline, they may be

resubmitted in the next month’s invoice for consideration; however if deemed in error or

unallowable a second time, the charges cannot be billed again.

8.5. Unless otherwise specifically directed by LAWA, Consultant shall submit all

pertinent timesheets for itself, and for all Sub-Consultants, that relate to each of its submitted

monthly invoice(s). Consultant shall also maintain, in a form subject to audit, and in accordance

with generally accepted accounting principles, backup documentation to support all entries in

each submitted billing statement. Such documentation shall be readily made available to the

LAWA, and to its duly authorized representative(s), upon request by LAWA.

8.6. LAWA, the FAA, the Comptroller General of the United States, or any of their

duly authorized representatives, shall have access to any books, documents, papers and

records, of Consultant, and/or of Sub-Consultants, which are directly pertinent to this Contract,

for the purpose of making audits, examinations, excerpts and transcriptions. Consultant shall

maintain “records”, including, but not limited to, books, documents, accounting procedures and

practices, and other data, regardless of type and regardless of whether such items are in written

form, in the form of computer data, or in any other form, sufficient to properly reflect all costs

claimed to have been incurred under this Contract. Consultant shall make available to LAWA

and to the Comptroller General, upon request and within a reasonable time, such records,

materials and other evidence described herein for examination, audit or reproduction. Such

records related to this Contract work shall be maintained and made available by Consultant for

three (3) years after final payment on, final termination settlement of, or final dispute resolution

of, this Contract, whichever is later. To the extent that an audit by the City, City’s independent

auditors, Program Consultant, or their designees discloses excess charges inaccurately or

improperly invoiced or allocated to this Contract by the Consultant or its Sub-Consultants,

Consultant agrees to remit the amount of the overpayment to the City upon demand. If such

audit discloses an overcharge of two percent (2%) or more of the total amount invoiced to the

City for any year audited, and such audit is correct, Consultant shall pay the actual cost of such

audit, which cost, in the case of audits conducted by City’s auditors or City using in house staff,

shall be computed on the basis of two (2) times the direct payroll of the audit staff completing

the audit and audit report. Should audit disclose an underpayment to Consultant, City shall

promptly remit the amount of the underpayment to the Consultant. The foregoing obligations to

pay in the event of an overcharge do not apply to errors discovered in the processing of

Applications for Payment in the ordinary course of business or to adjustments in the

Consultant’s Rate in Exhibit B. Consultant shall include, in any and all Sub-Consultant

agreements under this Contract that exceed One Hundred Thousand Dollars ($100,000.00), a

provision setting forth the record retention requirements specified in this paragraph.

Section 9.0 Application for Payment

9.1 Each Request for Payment shall contain documentation acceptable to LAWA and

the City. Such documentation shall include invoices for reimbursable expenses, applicable

employee time sheets, identification of the scope of work completed, billing by personnel and

job classifications and the applicable billing rates. Costs shall be broken down by direct labor

costs, indirect field overhead rate, Fee, and other direct costs (ODCs). Each Request for

Payment shall also contain a cumulative total of all monthly billings, shall identify cost broken

down per Task Order, Task Order authorization amount, the monthly billing applicable to each

Task Order, and a cumulative total applicable to each Task Order.

9.2 The Consultant shall also submit with each monthly Requests for Payment, a

"Subcontractor’s Small/Minority/Women/Disadvantaged Business Utilization Form.” The failure

to submit said Utilization Form with the Request for Payment, will result in delaying the

processing of said Request for Payment.

9.3 LAWA reserves the right to require additional substantiation regarding any

Request for Payment if LAWA considers such additional substantiation to be in the best interest

of LAWA. LAWA shall process the Request for Payment, following LAWA's normal procedure,

upon approval of said request by LAWA.

9.4 The parties agree that time is of the essence in the submission of any charge,

invoice or Request for Payment and agree that, as a condition precedent to Consultant’s right to

payment, Consultant shall submit any charge, invoice or Request for Payment no later than 120

days from the last date of service for which payment is sought. The parties agree that

Consultant waives its right to payment for any charge, invoice or Request for Payment

submitted more than 120 days from the last date of services for which payment is sought.

Section 10.0 Insurance

10.1. Consultant shall procure at its expense, and keep in effect at all times during the

term of this Contract, the types and amounts of insurance specified on Insurance Exhibit “F“,

attached hereto and incorporated by reference herein. The specified insurance except for

Workers’ Compensation and professional Liability) shall also, by endorsement to the policies,

include and insure City, its Department of Airports, its Board and all of City’s officers, employees

and agents, their successors and assigns, as additional insureds, against the areas of risk

described on Insurance, Exhibit “F“, hereof with respect to Consultant’s acts or omissions in its

operations, use, and occupancy of the Airports owned and operated by the Department

(hereinafter referred to as “Airport”) or other related functions performed by or on behalf of

Consultant in, on or about the Airport.

10.2. Waiver of Subrogation. For commercial general liability insurance, workers'

compensation insurance, and employer's liability insurance, the insurer shall agree to waive all

rights of subrogation against LAWA for Losses arising from activities and operations of

Consultant insured in the performance of Services under this Contract.

10.3. Each specified insurance policy (other than Workers’ Compensation and

Employers’ Liability) shall contain a Severability of Interest (Cross Liability) clause which states,

“It is agreed that the insurance afforded by this policy shall apply separately to each insured

against whom claim is made, or suit is brought, except with respect to the limits of the

company’s liability.” Additionally, Consultant’s Commercial General Liability policy (“Policy”)

shall provide Contractual Liability Coverage, and such insurance as is afforded by the Policy

shall also apply to the tort liability of the City of Los Angeles assumed by the Consultant under

this Contract.

10.4. All such insurance shall be primary and noncontributing with any other insurance

held by City’s Department of Airports where liability arises out of, or results from, the acts or

omissions of Consultant, its agents, employees, officers, invitees, assigns, or any person or

entity acting for, or on behalf of, Consultant.

10.5. Such policies may provide for reasonable deductibles and/or retentions

acceptable to LAWA, based upon the nature of Consultant’s operations and the type of

insurance involved.

10.6. LAWA shall have no liability for any premiums charged for such coverage(s).

The inclusion of City, its Department of Airports, its Board, and all of its officers, employees and

agents, and their agents and assigns, as additional insureds, is not intended to, and shall not,

make them, or any of them, a partner or joint venture of Consultant in its operations at the

Airport.

10.7. In the event Consultant fails to furnish LAWA evidence of insurance, or to

maintain the insurance as required under this Section, LAWA, upon ten (10) days’ prior written

notice to Consultant of its intention to do so, shall have the right to secure the required

insurance at the cost and expense of Consultant, and Consultant agrees to promptly reimburse

LAWA for the cost thereof, plus fifteen percent (15%) for administrative overhead.

10.8. At least ten (10) days prior to the expiration date of any of the above policies,

documentation showing that the insurance coverage has been renewed or extended shall be

filed with the LAWA. If any such coverage is cancelled or reduced, Consultant shall, within

fifteen (15) days of such cancellation or reduction of coverage, file with LAWA evidence that the

required insurance has been reinstated, or is being provided through another insurance

company or companies.

10.9. Consultant shall provide proof of all specified insurance and related requirements

to LAWA either by production of the actual insurance policy(ies), by use of LAWA’s own

endorsement form(s), by broker’s letter acceptable to LAWA in both form and content in the

case of foreign insurance syndicates, or by other written evidence of insurance acceptable to

LAWA. The documents evidencing all specified coverages shall be filed with LAWA prior to the

Consultant performing the Services hereunder. Such documents shall contain the applicable

policy number(s), the inclusive dates of policy coverage(s), the insurance carrier’s name(s), and

they shall bear an original or electronic signature of an authorized representative of said

carrier(s), and they shall provide that such insurance shall not be subject to cancellation,

reduction in coverage or non-renewal, except after the carrier(s) and the Consultant provide

actual, written notice (by Certified Mail) to the City Attorney of the City of Los Angeles at least

thirty (30) days prior to the effective date thereof.

10.10. LAWA and Consultant agree that the insurance policy limits specified in this

Section shall be reviewed for adequacy annually throughout the term of this Contract by LAWA,

who may thereafter require Consultant to adjust the amount(s) of insurance coverage(s) to

whatever amount(s) LAWA deems to be adequate. LAWA reserves the right to have submitted

to it, upon request, all pertinent information about the agent(s) and carrier(s) providing such

insurance.

Section 11.0 City Held Harmless.

11.1 To the fullest extent permitted by law, Consultant shall 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 Consultant and/or Consultant’s agents or employees)

by reason of injury to, or death of, any person(s) (including Consultant and/or Consultant’s

agents or employees), or for damage to, or destruction of, any property (including property of

Consultant and/or Consultant’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 Consultant’s and/or Sub-Consultant’s

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; Provided, however, that where such suits,

claims, causes of action, liability, losses, damages, demands or expenses arise from or relate to

Consultant’s performance of a “Construction Contract” as defined by California Civil Code

section 2783, this paragraph shall not be construed to require Consultant 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; Provided

further that where such suits, claims, causes of action, liability, losses, damages, demands or

expenses arise from Consultant’s design professional services as defined by California Civil

Code section 2782.8, Consultant’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 Consultant’s negligence, recklessness or willful misconduct in the

performance of the Contract.

11.2. In addition, and consistent with the requirements of Section 13.6 below,

Consultant 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 Consultant 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. Consultant agrees to, and

shall, pay all damages, settlements, expenses and costs, including 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.

11.3 In Consultant’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.

11.4. Survival of Indemnities. The provisions of this Section 11 shall survive the

termination of this Contract.

Section 12.0 Hazardous Materials and Other Regulated Substances.

Consultant shall not be held responsible for the presence or remediation of asbestos,

asbestos-related materials, or any other hazardous substance, in any form whatsoever, as such

materials and substances are defined by the Environmental Protection Agency or any other

public authority, found on any property or structure that is the subject of services performed by

Consultant under this Contract.

Section 13.0 Intellectual Property Ownership and Rights.

13.1. Ownership. All Work Products originated and prepared by Consultant or its

sub-consultant of any tier under this Contract shall be and remain the property of LAWA for its

use in any manner it deems appropriate; provided, however, that any use unintended under this

Contract, or modification or alteration of the Work Products without the direct involvement of the

Consultant shall be without Liability to Consultant. Work Products are all works, tangible or not,

created under this Contract for LAWA including, without limitation, documents, material, data,

reports, manuals, specifications, artwork, drawings, sketches, computer programs and

databases, schematics, photographs, video and audiovisual recordings, sound recordings,

marks, logos, graphic designs, notes, websites, domain names, inventions, processes, formulas

matters and combinations thereof, and all forms of intellectual property therein. To the extent

applicable under the U.S. Copyright Act, all works created by Consultant under this Contract are

work-made-for-hire created for the sole benefit and ownership of LAWA. Consultant hereby

assigns, and agrees to assign to LAWA, all goodwill, copyrights and trademarks in all Work

Products originated and prepared by Consultant under this Contract. Consultant further agrees

to execute any documents necessary for LAWA to perfect, memorialize, or record LAWA’s

ownership of rights provided herein. This paragraph shall survive expiration or termination of

this Contract.

13.2. Obligations on Sub-consultant. Any sub-contract entered into by Consultant

relating to this Contract, to the extent allowed hereunder, shall include a like provision (on

LAWA’s ownership in Work Products) for work to be performed under this Contract to

Contractually bind or otherwise oblige its sub-consultants performing work under this Contract

such that LAWA’s ownership rights of all Work Products are preserved and protected as

intended herein. Failure of Consultant to comply with this requirement or to obtain the

compliance of its sub-consultant with such obligations shall subject Consultant to all remedies

allowed under law and termination of this Contract.

13.3. Use of Work Products by Third Parties. Consultant shall not make available,

provide or disclose any Work Product to any third party without prior written consent of LAWA.

13.4. No Transfer of Pre-Existing Intellectual Property. Nothing herein may be

construed to transfer to LAWA any ownership, interest or right in any of the Consultant’s

intellectual property, trade secrets or know-how that is pre-existing before commencement of

this Contract, or that is derived independent of Consultant’s performance of this Contract.

13.5. Non-Infringement Warranty. Consultant hereby represents and warrants that

performance of all obligations under this Contract does not infringe in any way, directly or

contributory, upon any third party’s intellectual property rights, including, without limitation,

patents, copyrights, trademarks, trade secrets, right of publicity and proprietary information.

This section shall survive expiration or termination of this Contract.

13.6. Indemnification of Third Party Intellectual Property Infringement Claims.

Consultant will defend at its sole expense and hold harmless in any infringement claim,

demand, proceeding, suit or action ("Action" hereinafter), LAWA, its commissioners, officers,

directors, agents, employees, or affiliates ("LAWA Defendants") for any infringement or

violation, actual or alleged, direct or contributory, intentional or otherwise, of any intellectual

property rights, including patents, copyrights, trade secrets, trade marks, service marks, ideas,

concepts, themes, methods, algorithms and other proprietary information or rights (collectively

“Intellectual Property rights” hereinafter), (1) on or in any design, medium, matter, plant, article,

process, method, application, equipment, device, instrumentation, software, hardware, or

firmware used by the Consultant or Sub-Consultants in performing the work under this Contract;

or (2) as a result of LAWA’s actual or intended use of any Work Product furnished by Consultant

and/or Sub-Consultant under the Contract. Consultant also shall indemnify LAWA against any

loss, cost, expense, liability, and damages awarded against LAWA or settlement as a

consequence of such Action. Under no circumstances is Consultant liable under this sub-

section to defend and hold LAWA harmless, where LAWA licenses or sublicenses for profit any

of the intellectual property rights in the Work Product to a third-party whose use of the

intellectual property gives rise to the alleged infringement and whose use is not in any way part

of the intended use for the benefit of LAWA under this Contract.

13.7. In Consultant’s defense of LAWA Defendants, negotiation, compromise, and

settlement of any such infringement Action, LAWA 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.

13.8. Where any Work Product furnished by Consultant is in a form of software or

firmware (“Vehicle”), and if any part of the such Vehicle (a) becomes the subject of an Action,

(b) is adjudicated as infringing a third party’s Intellectual Property right, or (c) has its use

enjoined or license terminated; Consultant shall, with LAWA’s consent, do one of the following

immediately. Consultant shall at its expense either:

i) Procure for LAWA the right to continue using said part of the Vehicle; OR

ii) Replace the Vehicle with a functionally equivalent, non-infringing product.

Exercise of any of the above-mentioned options shall not cause undue business interruption to

LAWA or diminish the intended benefits and use of the Work Product by LAWA under the

specifications herein.

13.9. Rights and remedies available to LAWA hereinabove shall survive the expiration

or other termination of this Contract. Further, the rights and remedies are cumulative of those

provided for elsewhere in this Contract and those allowed under the laws of the United States,

the State of California, and the City of Los Angeles. This Paragraph shall survive the expiration

or other termination of this Contract.

13.10. Consultant’s Trade Secrets. Trade Secrets, as used in this Contract, are

defined in California Government Code Section 6254.7 and California Evidence Code Section

1061(a)(1) and may include, but are not limited to, any formula, plan, pattern, process, tool,

mechanism, compound, procedure, production data, or compilation of information which is not

patented, which is known only to certain individuals within a commercial concern who are using

it to fabricate, produce, or compound an article of trade or a service having commercial value

and which gives its user an opportunity to obtain a business advantage over competitors who do

not know or use it. No Work Products or deliverables created and delivered to LAWA under this

Contract may constitute Trade Secrets of Consultant.

13.11. Consultant hereby stipulates that LAWA is not nor expected to be in possession

of any of Consultant’s Trade Secrets. In the unlikely event that Consultant reveals any of its

Trade Secrets (that is so marked conspicuously on every page) to LAWA to further the intent

and purpose of this Contract and so notifies LAWA in writing that it has revealed its Trade

Secrets to LAWA, then LAWA agrees to notify Consultant of any request made pursuant to the

California Public Records Act, Cal. Gov. Code, § 6250 et seq., ("CPRA") that includes

Consultant's Trade Secrets. LAWA may disclose any of Consultant's Trade Secrets if

Consultant does not object in writing to LAWA after 10 calendar days from the notice mailing

date by LAWA to Consultant of the CPRA request.

13.12. Unless expressly stated otherwise, for all pre-existing third-party and

Consultant’s intellectual property (if any), including software, required to operate or use any

Work Product delivered by Consultant, Consultant hereby grants and will cause others to grant

LAWA (including its agents and consultants) a royalty-paid, perpetual, irrevocable license to use

such pre-existing intellectual property internally by LAWA (including its agents and consultants).

Section 14.0 Standard of Care.

14.1 Consultant’s services rendered in the performance of this Contract shall conform

to the generally accepted professional standards of a specialist who provides engineering

design services for major international airports of the type, scope, quality and complexity

described in the Scope of Services.

14.2 Consultant shall assure the standard of care provided for is met by providing

effective supervision and peer review as necessary to provide for quality control and quality

assurance of the design.

14.3 Consultant shall, at its own expense, promptly correct each and every design

error and/or omission for which it is responsible, whether or not the result of failure to meet the

standard of care, and whether committed by it or a subconsultant or sub-subconsultant of

it. Consultant’s obligation in this regard is in addition to all other legal and contractual

obligations of Consultant.

Section 15.0 Independent Contractor.

In furnishing the services provided for herein, Consultant is acting as an independent

contractor, is to furnish such services in its own manner and method, and is in no respects to be

considered an officer, employee, servant or agent of LAWA.

Section 16.0 Nondiscrimination and Affirmative Action Program.

16.1. Consultant, in the performance of this Contract, agrees and obligates itself not to

discriminate in its employment practices against any employee or applicant for employment

because of the employees or applicant's race, religion, national origin, ancestry, sex, sexual

orientation, age, physical handicap, marital status, domestic partner status, or medical

condition. Consultant further agrees to abide by the provisions of Section 10.8.4 of City's

Administrative Code, printed on the CERTIFICATION FOR CONTRACTS OF MORE THAN

$5,000, which Certification City acknowledges Consultant has previously submitted along with a

copy of its Affirmative Action Plan. Said Plan, having been approved by City, shall remain valid

for one (1) year from the date of approval and, with said Certification, shall be incorporated by

reference in and become part of this Contract. Consultant agrees that, prior to the expiration of

said Plan, Consultant will again submit to City its revised and/or updated Affirmative Action Plan

for approval as well as another completed Certification.

16.2. All subcontracts awarded under this Contract shall contain similar provisions and

Consultant shall require each of its Subcontractor/Sub-consultants to complete a like

CERTIFICATION, and to submit to it an Affirmative Action Plan acceptable to City.

16.3. Consultant also agrees to comply with the provisions of Article 3 of Chapter 1,

Part 7, Division 2 of the Labor Code of the State of California and all other applicable statutes,

ordinances and regulations relative to employment, wages and hours of labor.

Section 17.0 First Source Hiring Program for Airport Employers (LAX Only).

17.1 Consultant shall comply with the applicable provisions of the First Source Hiring

Program adopted by the Board. The rules, regulations, requirements, and penalties of the First

Source Hiring Program are attached hereto as Exhibit “E” and made a material term of this

Contract. Consultant shall be an “Airport Employer” under the First Source Hiring Program.

Section 18.0 Small Business Enterprises (SBE).

18.1. Contractor hereby agrees and obligates itself to utilize the services of the Small

Business Enterprise (SBE) firms designated in its proposal on the level designated in its bid

(specifically, a 20 % Small Business Enterprise (SBE) Subcontractor level of participation for the

required Project designated Work).

18.2. Contractor hereby further agrees and obligates itself to strictly comply with all of

the Rules and Regulations (Rules) of LAWA’s Small Business Enterprise Pilot Program

(Program).

18.3. Failure to comply with any of the Program’s requirements shall subject the

Contractor to the “Penalties” set forth in the Program’s Rules.

18.4. Contractor shall submit, on a monthly basis, together with its invoice for payment

the SBE Utilization Form listing the SBE Subcontractors utilized during the reporting period.

Contractor shall cooperate with LAWA personnel in providing such information as shall be

requested by LAWA in order to ensure compliance with the provisions of this section. LAWA

will not process or pay Contractor’s subsequent invoices if the SBE Utilization Forms are not

timely submitted or if the Contractor fails to cooperate with LAWA personnel by promptly

providing any and all information related to SBE participation requested by LAWA.

18.5. Failure to comply with any of the terms of this Section (or the terms of this

Contract) shall constitute a material breach of contract and may result in the Contractor being

deemed “Non-Responsible.” (Section 10.40 et seq. of the Los Angeles Administrative Code.)

Section 19.0 Living Wage and Service Contract Worker Retention Requirements.

19.1. Living Wage Ordinance. Consultant expressly agrees, as a part of its obligations

under this Contract, to comply with the terms of the Living Wage Ordinance as set forth in Los

Angeles Administrative Code Section 10.37, et seq., including any future amendments thereto.

19.2. Service Contractor Worker Retention Ordinance. Consultant expressly agrees,

as part of its obligations under this Contract, to comply with the terms of the Service Contract

Worker Retention Ordinance as set forth in the Los Angeles Administrative Code Section 10.36,

et seq., including any future amendments thereto.

19.3. No Retaliation. Consultant shall not retaliate against any employee lawfully

asserting noncompliance with the provisions of either the Living Wage Ordinance or the Service

Contract Worker Retention Ordinance.

19.4. City Remedies. Consultant's violation of the Living Wage Ordinance or Service

Contract Worker Retention Ordinance shall be deemed to be a breach of this Contract, for

which LAWA shall be entitled to pursue all remedies available under law, including, but not

limited to, termination of this Contract.

19.5. Pledge of Consultant. Consultant hereby pledges, and shall require each of its

subcontractors/sub-consultants within the meaning of the Living Wage Ordinance as respects

this Contract, to pledge to and to comply with the terms of Federal law proscribing retaliation for

union organizing. Consultant shall deliver the executed pledges from each such

subcontractor/sub-consultant to LAWA within ninety (90) days of the execution of this Contract.

Consultant's delivery of executed pledges from each such subcontractor/sub-consultant shall

fully discharge Consultant's obligations with respect to such pledges, and shall fully discharge

the obligation of the Consultant and the Subcontractor/Sub-consultants to comply with the

provisions in the Living Wage Ordinance, contained in Section 10.37.6(c), concerning

compliance with such Federal law.

19.6. Subcontractor/Subconsultant Compliance. Consultant agrees to include, in every

subcontract entered into between Consultant and any Subcontractor/Subconsultant under this

Contract, a provision pursuant to which such Subcontractor/Subconsultant: (1) agrees to comply

with the Living Wage Ordinance and the Service Contract Worker Retention Ordinance with

respect to this Contract; (2) agrees not to retaliate against any employee lawfully asserting

noncompliance on the part of the Subcontractor/Subconsultant with the provisions of either the

Living Wage Ordinance or the Service Contract Worker Retention Ordinance; and (3) agrees

and acknowledges that LAWA, as the intended third party beneficiary of this provision may (a)

enforce the Living Wage Ordinance and Service Contract Worker Retention Ordinance directly

against the Subcontractor/Subconsultant with respect to this Contract, and (b) invoke, directly

against the Subcontractor/Subconsultant with respect to the Contract, all the rights and

remedies available to LAWA under Section 10.37.5 of the Living Wage Ordinance and Section

10.36.3 of the Service Contract Worker Retention Ordinance, as same may be amended from

time to time.

Section 20.0 Equal Benefits Ordinance (EBO).

20.1. Unless otherwise exempt in accordance with the provisions of the Equal Benefits

("EBO") Ordinance, this Contract is subject to the applicable provisions of EBO Section 10.8.2.1

of the Los Angeles Administrative Code, as amended from time to time.

20.2. During the term of this Contract, Consultant certifies and represents that the

Consultant will comply with the EBO. Furthermore, Consultant agrees to post the following

statement in conspicuous places at its place of business available to employees and applicants

for employment:

“During the term of a Contract with the City of Los Angeles, the Consultant will provide

equal benefits to employees with spouses and its employees with domestic partners.

Additional information about the City of Los Angeles' Equal Benefits Ordinance may be

obtained from the Department of Public Works, Bureau of Contract Administration, Office

of Contract Compliance at (213) 847-6480.”

Section 21.0 Child Support Orders.

Consultant expressly agrees, as part of its obligations under this Contract, to comply

with the terms of the Child Support Assignment Orders Ordinance as set forth in Los Angeles

Administrative Code Section 10.10, et seq., Ordinance No. 172,401, including any future

amendments thereto.

Section 22.0 Contractor Responsibility Program.

Pursuant to Resolution No. 21601 adopted by the Board, effective May 20, 2002, it is the

policy of LAWA to ensure that all LAWA contractors have the necessary quality, fitness and

capacity to perform the work set forth in this Contract. LAWA shall award contracts only to

entities and individuals it has determined to be Responsible Contractors. The provisions of this

Program apply to leases and contracts for construction, for services, and for purchases of goods

and products that require Board approval.

Section 23.0 Failure to Provide Prompt, Efficient and Thorough Services.

If, in the opinion of LAWA, Consultant fails to provide prompt, efficient and thorough

services, or if Consultant fails to complete the several portions of its work within the time limits

provided, LAWA shall have the right to cancel this Contract, and pay Consultant therefore in

accordance with the provisions of Section 24.0, "Abandonment of Program and Cancellation of

Contract or Suspension of Services".

Section 24.0 Abandonment of Program and Cancellation of Contract or Suspension of Services.

24.1. If, at any time, Board, for any reason, decides to terminate the Program, or any

part thereof, or Consultant's services, or any part thereof, Board may: 1) require Consultant to

terminate the performance of all, or a portion, of its services; and/or 2) terminate this Contract,

or any part thereof, upon giving Consultant a thirty (30) day written notice prior to the effective

date of such termination, which date shall be specified in such notice. Upon receipt of the

Notice, Consultant shall immediately cease all activity except for that activity expressly

authorized by the Notice.

24.2. In the event this Contract, or any portion hereof, and/or Consultant’s services, or

any portion thereof, is terminated by LAWA, LAWA shall only pay Consultant the amount due to

the Consultant for services provided up to the termination date.

24.3. LAWA shall not be liable for the cost of work performed, nor for expenses

incurred, subsequent to the date specified by LAWA in the thirty (30) day written notice to

terminate. Such payments shall be made by LAWA within a reasonable time following receipt of

Consultant's invoice(s) therefore.

24.4. LAWA may, at any time, upon written order to Consultant, require Consultant to

stop all, or any part, of the services called for by this Contract for a period of thirty (30) days.

Said thirty (30) day period shall commence on the day the written order is delivered to

Consultant, and shall further be extended for any period to which the parties may agree. Any

such order shall be specifically identified as a "Stop Work Order" issued pursuant to this clause.

Upon receipt of such an Order, Consultant shall forthwith comply with its terms. Within a period

of thirty (30) days after a Stop Work Order is delivered to Consultant, or within any extension of

that period to which the parties have agreed, LAWA shall either:

(a) Cancel the Stop Work Order; or

(b) Terminate the services as provided in Section 24.1 hereof.

24.5. If a Stop Work Order issued under this Section is cancelled or expires, or the

period of any extension thereof is cancelled or expires, Consultant shall not resume work until

the Stop Work Order has been retracted in writing by LAWA. Upon retrieval of the Stop Work

Order an equitable adjustment will thereafter be made for Consultant's time of performance,

Consultant's compensation, or both, consistent with the provisions of Section 7.0 of this

Contract, if:

(a) The Stop Work Order results in an increase in the time required for, or in

Consultant's cost properly allocable to, the performance of services under

this Contract; and

(b) Consultant asserts a claim for such adjustment within thirty (30) days

after the end of the period of work stoppage; provided, however, that

LAWA may investigate any facts relating to any such claim.

24.6. If a Stop Work Order is not cancelled or retracted, and the services covered by

such order are terminated for the convenience of LAWA, no costs resulting from said Stop Work

Order shall be allowed.

24.7. It is understood and agreed that should LAWA decide that any portion of

Program and/or Consultant's services shall be suspended or terminated, this Contract shall

continue to apply to that portion or those portions not suspended or terminated, and that such

suspension or termination of a portion of Program or services shall in no way make void or

invalid this Contract as to that portion, or those portions, not suspended or terminated.

24.8. All finished or unfinished documents and materials produced or procured under

this Contract, including all intellectual property rights thereto, shall become LAWA property upon

date of such termination. Consultant agrees to execute any documents necessary for LAWA to

perfect, memorialize, or record LAWA’s ownership of rights provided herein. The section shall

survive termination of this Contract.

Section 25.0 Assignment or Transfer Prohibited.

25.1. Consultant shall not, in any manner, directly or indirectly, by operation of law or

otherwise, hypothecate, assign, transfer or encumber this Contract, or any portion thereof or

any interest therein, in whole or in part, without the prior written consent of LAWA. The names

of Subcontractor/Subconsultants or others whom Consultant intends to employ to perform

services as part of the Program shall be submitted to LAWA for prior approval.

25.2. For purposes of this Contract, the terms “transfer” and “assign” shall include, but

not be limited to, the following: (i) if Consultant is a partnership or limited liability company, the

transfer of fifty percent (50%) or more of the partnership interest or membership or the

dissolution of the Consultant; and, (ii) if Consultant is a corporation, any cumulative or

aggregate sale, transfer, assignment, or hypothecation of fifty percent (50%) or more of the

voting shares of Consultant.

Section 26.0 Business Tax Registration.

26.1. Consultant represents that it has registered its business with the City Clerk of the

City of Los Angeles and has obtained and presently holds from that Office a Business Tax

Registration Certificate, or a Business Tax Exemption Number, required by City's Business Tax

Ordinance (Article 1, Chapter 2, Sections 21.0 and following, of City's Municipal Code).

26.2. Consultant shall maintain, or obtain as necessary, all such Certificates required

of it under said Ordinance and shall not allow any such Certificate to be revoked or suspended

during the Term hereof.

Section 27.0 Confidentiality of Information.

27.1. Unless expressly agreed otherwise by LAWA in writing, all Deliverables

(including but not limited to all drawings, documents, specifications, plans, reports, statistics and

data) and any other information in any form prepared by or provided to Consultant in connection

with this Contract (collectively, “Program Data”) are property of LAWA and are confidential.

Consultant expressly agrees that, except as specifically authorized by LAWA in writing or as

may be required by law, Program Data will be made available only to LAWA, and, on a need-to-

know basis, Consultant’s employees and subcontractors. Consultant acknowledges that

Program Data may contain information vital to the security of the Airports. Consultant shall take

utmost precaution/measures while sharing information with its Subconsultants, and shall do so

on a need-to-know basis only, even while working on the Program. If Consultant fails to comply

with this section, Consultant will be liable for the reasonable costs of actions taken by LAWA,

the airlines, the FAA, or the TSA that the applicable entity reasonably incurs in good faith as a

result of such failure, including, without limitation, the design and construction of improvements,

procurement and installation of security devices, and posting of guards. Consultant and its

Subconsultants shall store all the information gathered as part of this Program in a secure and

safe place during and/or after the performance of this Contract.

27.2. Except as authorized in writing by LAWA, Consultant must not issue any publicity

news releases or grant press interviews, and except as may be required by law during or after

the performance of this Contract, disseminate any information regarding its Services or the

tasks/projects to which the Services pertain.

27.3. If Consultant is presented with a subpoena or a request by an administrative

agency regarding any Program Data which may be in Consultant's possession by reason of this

Contract, Consultant must immediately give notice to LAWA and to the City Attorney for the City

of Los Angeles, with the understanding that LAWA will have the opportunity to contest such

process by any means available to it before any Program Data are submitted to any court,

administrative agency, or other third party. Consultant, however, is not obligated to withhold the

delivery beyond the time ordered by the court or administrative agency, unless the subpoena or

request is quashed or the time to produce is otherwise extended.

Section 28.0 Appropriation of Funds.

28.1. Notwithstanding any other provision of this Contract, including any exhibits or

attachments incorporated herein, and in order for LAWA to comply with its governing legal

requirements, LAWA shall have no obligation to make any payments to Consultant unless

LAWA shall have first made an appropriation of funds equal to, or in excess of, its obligation to

make any payments as provided in this Contract. Consultant agrees that any services provided

by Consultant, purchases made by Consultant, or expenses incurred by Consultant, in excess

of said appropriation(s), shall be free and without charge to LAWA, and LAWA shall have no

obligation to pay for any of said services, purchases or expenses. Consultant shall have no

obligation to provide services, nor to incur any expenses, in excess of the appropriated

amount(s) until LAWA appropriates additional funds for this Contract.

28.2. If LAWA does not appropriate additional funds in an amount equal to, or in

excess of, its obligation to make any payments as provided in this Contract, either party may

terminate the Contract by providing thirty (30) days written notice to the other party. The parties

agree that this termination provision shall have no force or effect on either of the parties'

respective rights to terminate this Contract under any other provision thereof.

Section 29.0 Compliance With Applicable Laws.

Consultant shall, at all times during the performance of its obligations under this

Contract, comply with all then currently enacted local, Department of Airports, State and Federal

laws, statutes, ordinances, rules, regulations, restrictions and/or orders, including the hazardous

waste and hazardous materials regulations, and the Americans With Disabilities Act of 1990

(collectively "Laws"), to the extent such Laws are applicable to the Program. Consultant shall

be solely responsible for any and all damages caused, and/or penalties levied, as the result of

Consultant's noncompliance with such enactments. Further, Consultant agrees to cooperate

fully with LAWA in its efforts to comply with the Americans With Disability Act of 1990 and CA

Title Section 24, and any amendments thereto, or successor statutes.

Section 30.0 Waiver.

The waiver by LAWA of any breach of any term, covenant, or condition herein contained

shall not be deemed to be a waiver of any other term, covenant, or condition, or of any

subsequent breach of the same term, covenant, or condition.

Section 31.0 Entire Agreement.

It is expressly understood and agreed by the parties that this Contract, Exhibits "A”, “B,”

"C", “D”, “E”, and “F” hereto, and all other materials referenced herein, constitute the entire

agreement between the parties hereto and supersedes any and all prior written or oral

agreements between them concerning the subject matter contained herein. There are no

representations, agreements, or understandings, oral or written, between and among the parties

relating to the subject matter contained in this Contract which are not fully set forth herein. This

is an integrated agreement. Any amendment(s) or changes(s) to this Contract shall be in writing,

and effective only when such amendment(s) or change(s) are executed by the parties hereto.

Section 32.0 Miscellaneous.

32.1. It is the intention of the parties hereto that if any provision of this Contract is

capable of different constructions, one of which would render the provision void and the other of

which would render the provision valid, then the provision shall have the meaning which renders

it valid.

32.2. In the event that any of the provisions, or portions or applications thereof, of this

Contract are held to be unenforceable or invalid by any court of competent jurisdiction, LAWA

and Consultant shall endeavor to negotiate an equitable adjustment in the provisions of this

Contract with a view toward effecting the purpose of this Contract, and the validity and

enforceability of the remaining provisions, portions or applications thereof shall not be affected

thereby.

32.3. This Contract, and every question arising hereunder, shall be construed,

determined and enforced in accordance with the laws of the State of California. Venue shall be

at the Southwest District of the Superior Court of the State of California for the County of Los

Angeles.

32.4. The Section headings appearing herein shall not be deemed to govern, limit,

modify or in any manner affect the scope, meaning or intent of the provisions of this Contract.

Section 33.0 Notices.

All notices shall be in writing and addressed as follows:

33.1. Notices to City, LAWA, and to the City Attorney of the City of Los Angeles shall,

until Consultant's receipt of written notice otherwise from these parties, be addressed to said

parties at:

Los Angeles World Airports, Airports Development Group 7301 World Way West, 10th Floor Los Angeles CA, 90045, And Los Angeles City Attorney 1 World Way Los Angeles, CA 90045. 33.2. Notices to Consultant shall, until LAWA's receipt of written notice otherwise from

Consultant, be addressed to Consultant at

[Insert Company Name]

[Insert Address]

33.3. All such notices may either be delivered personally to LAWA or to the Office of

the City Attorney, Airports Division, in the one case, or to Consultant in the other case, or may

be deposited in the United States mail, properly addressed as aforesaid with postage fully

prepaid for delivery by certified or registered mail, and shall be effective upon receipt.

33.4. The execution of any such notice(s) by LAWA shall be as effective as to

Consultant as if it were executed by Board, or by Resolution or Order of said Board, and

Consultant shall not question the authority of LAWA to execute any such notice(s).

Section 34.0 Vendor Discount.

Consultant agrees to offer LAWA any discount terms that are offered to its best

customers for the goods and services to be provided herein, and apply such discount to

payments made under this Contract which meet the discount term.

Section 35.0 Compliance With Los Angeles City Charter Section 470(c)(12) and 609(E).

The Consultant, other underwriting firm members of the underwriting syndicate,

Subcontractors, and their Principals are obligated to fully comply with City of Los Angeles

Charter Sections 470(c)(12), 609(e) and related ordinances, regarding limitations on campaign

contributions and fundraising to certain elected City officials or candidates for elected City office.

Gifts to elected officials and certain City officials are also limited. Additionally, Consultant and

other underwriting firm members of the underwriting syndicate are required to provide and

update certain information to the City as specified by law. Any Consultant and other

underwriting firm members of the underwriting syndicate subject to Charter Section 470(c)(12)

and 609(e), shall include the following notice in any contract with a subcontractor expected to

receive at least $100,000 for performance under this contract:

Notice Regarding City of Los Angeles Campaign Contribution and Fundraising Restrictions

As provided in Charter Sections 470(c)(12), 609(e) and related ordinances, you

are subcontractor or underwriting firm on City of Los Angeles Contract/Resolution #________. Pursuant to City Charter Section 470(c)(12) and 609(e), underwriting firm, subcontractor and principals are prohibited from making campaign contributions and fundraising for certain elected City officials or candidates for elected City office for 12

months after the City contract is signed. Additionally, gifts are limited to elected officials and certain City officials. Subcontractor is required to provide to contractor names and addresses of the subcontractor's principals and contact information and shall update that information if it changes during the 12 month time period. Subcontractor's information included must be provided to contractor within 10 business days. Failure to comply may result in termination of contract or any other available legal remedies including fines. Information about the restrictions may be found at the City Ethics Commission's website at http://ethics.lacity.org/ or by calling 213/978-1960.

Consultant, underwriting firms, Subcontractors, and their Principals shall comply with

these requirements and limitations. Violation of this provision shall entitle LAWA to terminate

this Agreement and pursue any and all legal remedies that may be available.

[Remainder of this page is intentionally left blank]

IN WITNESS WHEREOF, City has caused this Contract to be executed on its behalf by LAWA,

and Consultant has caused the same to be executed by its duly authorized officers, and its

corporate seal to be hereunto affixed, all as of the day and year first hereinabove written.

APPROVED AS TO FORM: CITY OF LOS ANGELES Michael N. Feuer, City Attorney Date:____________________________ By:__________________________ Executive Director Department of Airports By______________________________ Deputy City Attorney By___________________________ Comptroller Department of Airports

ATTEST:

[Insert Company Name]

By______________________________ By___________________________ Secretary (Signature) Signature ________________________________ ____________________________ Print Name Print Name

____________________________

[SEAL] Print Title


EXHIBIT A

SCOPE OF SERVICES The successful proposer (s) will be required to provide LAWA with complete professional engineering design services as needed for the proposed capital improvements for various Airfield, Landside, Utility and Infrastructure, and Terminal projects at LAX, LA/ONT and VNY. The design may include but not limited to utility distribution, roadway and parking improvements, landscaping and hardscape, terminal improvements, airfield projects, and other miscellaneous improvements. The proposer shall provide complete engineering services during development and design of the construction plans and specifications, during the bidding process as well as design support during the construction. The scope of Consultant services for each project may include, but not be limited to the following:

• Design submittal at various stages of design and conduct workshop and design review meetings as necessary

• Construction Plans and Specification, including construction phasing documents for bidding

• Engineering support during construction bidding period • Engineering administrative support during construction • Design and construction schedule • Evaluate construction phasing options and construction schedule impacts • Agencies coordination including but not limited to LADBS, LADPW, FAA, TSA,

LADOT and other City and Government agencies as necessary • Tenants and Airlines coordination • Building Permit Plan Check (s) and assist LAWA in the preparation of the bidding

documents • Preparation of Reimbursement Agreements and Safety Plans for submission to the

FAA as necessary • Construction estimating for various design submittals

It is anticipated that the successful proposers will be given opportunity to design various airfield, landside, and utility and infrastructure projects including, but not limited to the following upcoming capital projects:

• Runway 25L and Center Taxiway Rehabilitation • Runway 6R – 24L RSA Improvements and Rehabilitation • Secured Area Access Post and Vehicle Check Point Improvements • Taxiway W/S Intersection Improvements – LA/ONT • Taxiway A, B and Service Road Improvements – VNY • Parking Structure Improvements • West RON Parking Position Electrification • Airfield Surface Monitoring Improvements • Parking Structure – Roof Coating and repair


• Parking Lot C Improvements • Terminal Taxilane Improvements • Imperial Cargo Water Main Replacement • Development of long term construction lay down areas including, but not limited to,

Continental City, Belford and 8100/6300 Westchester parcels • Various Terminal renovations

Other airside, landside, utility and infrastructure, and terminal engineering improvements as developed by LAWA’s Planning Division that become ready for development during the term of this contract. These projects may range from Utility Relocation to enabling efforts that will allow for larger, more intensive projects by LAWA or its tenants, and will require a multi-disciplined engineering team with architectural support.


EXHIBIT B RATES TABLE

Maximum Reimbursable Rates – The Consultant and all Sub-consultants shall be paid for services at the actual hourly rates paid to employees, not to exceed the maximum hourly rates by position allowed by this Contract as outlined in the table below. The positions of Consultant’s staff members providing services must match one of the categories outlined below unless previously approved in writing by LAWA.

Position Year 1 Year 3 Year 5 CADD Designer $ 30.47 $ 32.30 $ 35.04 CADD Designer, Sr. $ 38.41 $ 40.72 $ 44.17 CADD Drafter $ 20.96 $ 22.22 $ 24.11 CADD Drafter, Sr. $ 28.83 $ 30.56 $ 33.15 Civil Engineer $ 39.58 $ 41.96 $ 45.52 Civil Engineer, Sr. $ 58.20 $ 61.69 $ 66.93 Co-op/Intern Student $ 19.75 $ 20.94 $ 22.71 Design Engineer $ 31.78 $ 33.69 $ 36.55 Design Manager $ 51.23 $ 54.31 $ 58.92 Design Manager, Sr. $ 69.49 $ 73.66 $ 79.91 Electrical Engineer $ 39.52 $ 41.89 $ 45.45 Electrical Engineer, Sr. $ 55.87 $ 59.22 $ 64.25 Engineer $ 38.23 $ 40.52 $ 43.96 Engineer, Jr. $ 26.29 $ 27.87 $ 30.24 Engineer, Sr. $ 52.96 $ 56.14 $ 60.90 Estimator $ 38.89 $ 41.23 $ 44.73 Estimator, Sr. $ 53.25 $ 56.44 $ 61.23 Geotechnical Engineer $ 40.98 $ 43.44 $ 47.13 GIS Specialist $ 49.48 $ 52.45 $ 56.90 IT Specialist $ 31.32 $ 33.20 $ 36.02 LEED Consultant $ 35.10 $ 37.21 $ 40.37 Mechanical Engineer $ 31.22 $ 33.09 $ 35.90 Mechanical Engineer, Sr. $ 49.47 $ 52.44 $ 56.89 Office Engineer $ 36.49 $ 38.67 $ 41.96 Planner $ 39.93 $ 42.32 $ 45.92 Planner, Sr. $ 75.79 $ 80.33 $ 87.15 Project Engineer $ 40.12 $ 42.53 $ 46.14 Project Manager $ 49.39 $ 52.35 $ 56.79 Project Manager, Sr. $ 69.40 $ 73.56 $ 79.81 Quality Control Manager $ 55.02 $ 58.32 $ 63.27


Regulatory Specialist $ 46.55 $ 49.34 $ 53.53 Scheduler $ 40.88 $ 43.33 $ 47.01 Specification Specialist $ 40.91 $ 43.36 $ 47.04 Specification Technician $ 26.20 $ 27.77 $ 30.12 Sr. Aviation Engineering Consultant $ 79.24 $ 84.00 $ 91.13 Structural Engineer $ 41.78 $ 44.29 $ 48.05 Survey Manager $ 59.19 $ 62.74 $ 68.07 Survey Technician $ 40.87 $ 43.32 $ 47.00 Surveyor $ 43.83 $ 46.45 $ 50.40 Technical Writer $ 32.28 $ 34.22 $ 37.12 Utility Coordinator $ 43.20 $ 45.79 $ 49.68

Please Note: The consultant and their sub-contractors may be required to submit a letter of verification to LAWA certifying the positions above are not included in the company's indirect labor calculations. LAWA reserves the right to conduct a certified payroll review at any time during the term of the contract for auditing purposes.

EXHIBIT C

MULTIPLIER AND FEES Fully Loaded Multiplier – The following proposed fully loaded multiplier (FLM) is allowed by the Prime under the terms of this contract. The final contractual FLM shall be applied to the appropriate direct labor costs only, not on other direct reimbursable costs. It is understood by all parties that this proposed FLM includes all consideration for the proposer’s office overhead, general and administrative expenses and fee (see attached Fully Loaded Multiplier calculation worksheet). The office overhead is subject to LAWA audit and subsequent LAWA negotiation.

Fully Loaded Multiplier Table Firm Name Fully Loaded Multiplier

[Insert Name] [Insert Multiplier]

Fee Percentage – The following fee percentage, which is a component of the Fully Loaded Multiplier, is allowed by the Prime Consultant and its subconsultants under the terms of this Contract. Fee is applied to direct labor costs only.

Fee Percentage Table FEE PERCENTAGE

[Insert Fee]

Sub Consultant Markup - The Prime Consultant is allowed to mark up first-tier subconsultant direct labor for the management of subconsultants’ work under this contract.

Subconsultants’ Mark-up Percentage MARK-UP PERCENTAGE

[Insert Fee]

EXHIBIT D

COST REIMBURSABLE GUIDELINES


The Consultant shall be reimbursed for the following costs in accordance with the guidelines

detailed below:

A. COMPENSATION FOR PERSONNEL

LAWA shall compensate the Prime Consultant and Subconsultant/Subcontractor for personnel

costs based upon employees’ LAWA-approved hourly rates and actual hours worked.

Additionally, the Prime Consultant is allowed a mark-up, per Exhibit C, on first-tier

Subconsultant/Subcontractor direct labor for the management of the

Subconsultant/Subcontractor work.

1. Personnel Hourly Rate Calculation

a) While directly engaged in the performance of this Contract on an Hourly basis, the

Consultant shall be compensated for actual cost of base salaries and wages of

professional, technical and support personnel in accordance with Exhibit B, Rates Table,

and pursuant to Contract Section 5, Task Orders.

b) Base Hourly Rate is defined as either the employees’ actual base yearly salary divided by

2,080 hours for salaried employees, or hourly wage rate for hourly employees. LAWA

may, at its discretion, allow the use of a basis other than 2,080 hours for consultants on a

non-standard work year.

c) The Fully Loaded Multiplier for this contract is as outlined in Exhibit C.

d) The Fully Loaded Multiplier for any Subconsultants/Subcontractors providing personnel

services shall be based upon an audited Office Overhead Rate or a negotiated Office

Overhead Rate, and must be approved in writing by LAWA prior to addition of said

Subconsultant/Subcontractors to the contract. The Office Overhead Rate may be subject

to LAWA audit and subsequent negotiation.

e) If at any time the LAWA Project Management team determines the need to have staff on

site, a Field Office Overhead Rate will be used.

f) Time is the sum of actual hours and fractions thereof worked by each employee directly

engaged in the performance of this Contract.

g) The Billable Hourly Rate is the LAWA-approved Base Hourly Rate multiplied by the Fully

Loaded Multiplier.

2. Hourly Rate Schedule and Overtime

a) The not-to-exceed Maximum Reimbursable Hourly Rates for job classifications of

employees directly engaged in performing Work under this Contract are listed in Exhibit

B. The Job Classifications and Maximum Reimbursable Hourly Rates may not be

changed without prior written approval of LAWA. The actual hourly rates to be applied to

specific Consultant personnel must be pre-approved via a Task Order and/or Personnel

Authorization. LAWA approval for adjusting the not-to-exceed Maximum Reimbursable

Hourly Rate(s) shall not be unreasonably withheld if supported by actual hourly rates

which are reflective of the current competitive market. Approved actual hourly rates may

only be adjusted with prior LAWA approval and must be made in accordance with the

Consultant's current approved salary plan. Prior written approval is required and is

effective as of the date indicated on the Task Order. The Consultant shall fully document

to LAWA’s satisfaction that such proposed salaries are indeed reflective of the current

competitive market.

b) Any and all personnel and associated hourly rate must be approved, in advance, by

LAWA. The Consultant shall submit to LAWA the employee’s name, position, company,

hourly rate (with supporting documents) and exempt or non-exempt status . The

individual hourly rates may be re-negotiated for each additional contract year. However,

in no event shall the hourly rate be increased by more than four percent (4%) per

Contract year without prior written justification and approval by LAWA.

c) LAWA’s approval of additional personnel shall not entitle Consultant to any additional

compensation beyond the limit established for the individual Task Order or herein.

d) LAWA hereby relies upon the Consultant to properly designate its employees as exempt

or non-exempt under the Fair Labor Standards Act. LAWA shall not reimburse

Consultant for back pay, penalty or interest imposed by the Department of Labor in the

event of a dispute regarding the improper designation of its employees.

e) All overtime must be approved in advance by LAWA. In the event that overtime work is

required by non-exempt employees whereby there is an associated premium cost, the

overtime shall be compensated as defined by the Fair Labor Standard Act. The premium

OT compensation shall be computed as follows:

Regular Hourly Rate Portion of Work Premium Portion OT Hourly Rate

[(Base hourly rate) x (Fully Loaded Multiplier)] + [(Base hourly x 0.5) x (1 + Fee%)]

f) Personnel time incurred with travel shall not be compensable beyond a normal workday.

B. REIMBURSABLE TRAVEL EXPENSES

It is the policy of LAWA to allow for the reimbursement of consultant/contractor relocation and

travel expenses when it is determined that such reimbursement assists in the furtherance of

official city business goals and/or increases revenue for LAWA. Official city business is

constituted as and shall demonstrate:

(1) A valid City interest to be served or gained thereby;

(2) Relevance to the City operations or the individual’s role in such operations;

(3) The promotion or development of City programs, methods or administration; or

(4) Compliance with instructions or authorization of the Mayor or the City Council.

It is expected that in each instance the consultant/contractor will only incur expenses that a

reasonable and prudent person would incur if traveling on personal business.

Prior written approval by LAWA is required as designated in the contract language. It is

expected that before such authorization is granted, due consideration shall be given to such

factors as suitability, level of seniority in the field of expertise, specialty discipline, and nature of

the business involved.

1. Travel Expenses Reimbursement Methodologies

a) Travel Related Reimbursement Factor

This methodology shall be applied when the frequency of travel is known and forecasting

of expenditures can be made with a certain level of predictability. Utilizing this

methodology, LAWA may negotiate a travel-related reimbursement factor. This factor

must be authorized by LAWA and detailed in a Task Order or Travel Authorization, as

designated in the contract language. The authorizing document shall specify the time

period for which this approval is granted.

Under this methodology, LAWA will not require submission of actual receipts for the

reimbursement factor but will require verification of travel status in the form of airfare or

transit receipts, or lodging receipt/lease agreement.

b) Actual Costs for Airfare/Transit Expenses plus Not-to-Exceed Per Diem

In cases where contractor travel is required for a limited duration, LAWA may authorize a

contractor to receive reimbursement of airfare and transportation expenses plus a not-to-

exceed per diem to cover lodging, meals and incidental expenses for one full day. With

the exception of meals which will be covered via a meal allowance, all other travel-related

expenses shall be based upon submission of actual receipts.

i. Air Travel

Official travel shall be by the most direct routing and Contractor air travel expenses

are allowable only for the lowest regular fare available for regularly scheduled airlines

for the date and time selected. LAWA will reimburse for the price of a coach class,

unrestricted ticket. When possible, economy or special fares are to be used.

Contractors, when possible, should make every effort to make the reservation well in

advance to be able to get the best price possible. Approved Air Travel must be

supported by legible copies of airline tickets. Electronic tickets and boarding passes

are acceptable. LAWA shall only reimburse for reservation change fees when the

schedule change was requested by LAWA and is supported by documentation

confirming LAWA’s direction of schedule change. Comfort items such as paying for

exit row seats or service upgrades are not allowable. In cases where the traveler is

charged for the first checked bag, the City will reimburse for this fee. Baggage fees

for additional items will not be automatically reimbursed unless a justification for a

business need is provided. Checked baggage fees are considered a separate

reimbursement expense and are not included as part of the per diem.

ii. Ground Transportation

The least expensive and most practical form of public transportation shall continue to

be reimbursed taking into consideration such factors as time and availability. Ground

transportation is defined as travel from home to airport and back, and from airport to

LAWA business location and back.

For travel to locations other than LAX, prior written authorization is required and

reimbursement of expenses shall be computed based upon the City’s Administrative

Officer's published index listed for the destination, and all conditions as noted above

will apply. Only those Contractors specifically authorized by LAWA may submit travel

expenses for reimbursement.

i) Local Transportation - Local transportation costs incurred by Contractor while in

travel status will be reimbursed as follows:

• Taxi/limousine/LAWA bus - Reimbursable at actual cost.

• Rental Automobiles - Because of their cost, rental automobiles shall be

used only when their use will affect a savings or other advantage, or

when the use of other transportation is not feasible. Rental

automobiles should be limited to compact models when available. A

legible copy of the automobile rental agreement is required. Rental of

other than compact automobiles is allowable when compacts are not

available or if more than two staff members are in the travel status. All

rental cars will be returned with a full tank of gas when possible. Fuel

charges will be reimbursed at the market price. Unreasonable or

excessive fuel charges by the rental car agency may not be

reimbursed.

• Private Automobile - Use of private or Contractor owned or leased

automobiles will be reimbursed at the rate permitted under the Internal

Revenue Service published rates as applicable to such costs. Prior

written approval by LAWA is required before any private automobile

will be allowable for reimbursement.

• Tolls and parking charges - for use of ferries, roads, bridges, and tunnels

while traveling to and from commercial carriers and parking charges at

origination/destination are reimbursable at cost.

ii) Local Travel - Travel to and from the Site for Home Office Staff who are located in

any of the Contractor’s office locations in the Los Angeles Vicinity is not reimbursable

without prior written approval by LAWA.

iii. Not-to-Exceed Per Diem

The not-to-exceed per diem rate will be applied as a meal allowance, in accordance

with the limits established by the City Controller, plus actual costs for lodging and

incidentals. The combined total amount of the meal allowance, lodging and incidental

costs shall not exceed the per diem published in the City Administrative Officer’s

(CAO) Department Budget Manual, Travel Allowances – Air Fare and Per Diem.

Covered Expenses:

• Lodging to include hotel/motel or corporate housing

• Meal allowance which covers meals, including gratuity

• Incidental expenses which includes:

• Fees and tips given to porters, baggage carriers, bellhops, hotel

maids/servants, stewards or stewardesses, and others

• Transportation in acquiring meals (this does not include transportation

from home to airport and from airport to LAWA business location and

back)

2. Lodging/Meals Guidelines

A per diem may be used to reimburse Contractor for overnight accommodations and meals

when in travel status on behalf of LAWA as outlined in the City’s travel policy and amended

from time to time. If Contractor's internal policy is a lower rate, the lower rate will be used. The

per diem rate will be applied as a meal allowance, in accordance with the limits established by

the City Controller, plus actual costs for lodging and incidental expenses. Receipts are

required for lodging and incidental expenses and will be reimbursed based on actual cost with

the combined total amount not exceeding the per diem published in the City Administrative

Officer’s (CAO) Department Budget Manual, Travel Allowances – Air Fare and Per Diem. As

the per diem is periodically updated by the CAO, reimbursement shall be made based upon

the per diem rate published at the time expenses are incurred. In the selection of restaurants

and lodging, it is expected that individuals will seek moderately priced establishments of

acceptable quality. The Contractor must consider transportation costs, time, and other

relevant factors in selecting the most economical and practical accommodations. Contractors

will be required to select a hotel/motel within the City of Los Angeles limits. In cases where

rates have been negotiated with the hotel properties surrounding its airports, LAWA will make

this listing available for the contractor’s consideration. Approval of the properties not on the

negotiated list will be evaluated based upon competitive rates. Lodging expenses will be

reimbursed only at the single occupancy rate.

For traveling employees assigned to the Site on a regular basis, the Contractor may utilize

internal policies, such as use corporate apartments, to determine the most cost effective

lodging. Prior to leasing or procuring such lodging, the Contractor shall perform a lease

versus per diem analysis and provide to LAWA for review and concurrence.

1. Incidental expenses – The per diem rate includes incidental expenses.

2. Expenses above the per diem rate shall not be reimbursed even if supported by receipts.

3. Meal and incidental allowance will be prorated at 75% of the daily allowance as follows:

(Prorating of meal and incidental allowance is specified under IRS Publication 463.)

• On the first day of travel, if flight leaves after 2 p.m.;

• On the last day of travel, if flight arrives before 2 p.m.;

• When some meals are provided as part of the conference

Note: No meal allowance will be provided when meals are provided throughout the day

by the host or as part of a conference.

4. Meal receipts do not have to be presented to receive the meal allowance per day of

business travel except for travel on grant funded projects where the grantor requires

complete documentation of travel expenses.

5. Gratuities are limited to no more than 15% and are included as part of the Meal Allowance.

There will be no additional reimbursement for gratuities.

5. For international travel, meal and incidental allowances will be provided according to the

per diem rate guideline established by the City of Los Angeles Controller’s Office as found

in their intranet under Guides to Departments/Travel/Reference/federal per diem.

3. Non-Reimbursable Travel Costs

1. First-class airfare

2. Air flight insurance

3. Expense of any insurance offered by the auto rental company such as Collision Damage

Waiver, Personal Accident Insurance, Liability Insurance Supplement, Personal Effects

Coverage, Supplemental Liability Protection, etc. in connection with a rented vehicle.

4. Auto repairs, replacement or towage to personal vehicle when such use has been

authorized.

5. Valet parking when self parking is available.

6. Expenses above the meal allowance shall not be reimbursed even if supported by

receipts.

7. Meals and incidental expenses in excess of the set domestic stipend or international

federal per diem rate will not be reimbursed.

8. Reimbursements for LAWA employee’s meals are not allowable, except in accordance

with City policy.

9. Alcoholic beverages.

10. Expenses incurred by a dependent or other person accompanying the Contractor

employee on an official business trip are not allowable. Bills indicating multiple occupants

are to be adjusted to single occupancy rate and disallowed unless disclosure is made

indicating reason, names, and dates.

11. Expenses of a purely personal nature.

4. Other Allowable Direct Costs while on travel-status

1. Telephone - Actual cost of business telephone charges, subject to the limits on E-Mobile

charges described below, incurred by Consultant while in travel status is reimbursable.

Personal telephone charges are not allowable.

2. E-Mobile Communication Devices - Unnecessary and/or unreasonable charges such as

roaming fees, except roaming fees incurred while in approved travel status, roadside

assistance, home distance, text messaging or any other such feature that is not essential

to the individuals job function will not be reimbursed. LAWA reserves the right to limit the

number of individuals allowed to bill to mobile communication devices. LAWA will not

reimburse for personal calls.

C. OTHER REIMBURSABLE EXPENSES

1. Supplies, materials and equipment - At actual cost for items used directly in the

furtherance of work and supported by receipts on all individual items. Any equipment,

copiers, computer software, intellectual property licenses or any other non-consumable

supplies (collectively, “Equipment”) purchased or licensed by Consultant for use at the

Site and reimbursed by LAWA, shall be LAWA’s and title therefore shall vest in LAWA

upon such purchase or license. Equipment may also be leased if determined to be cost

effective. The Consultant shall provide a lease versus purchase analysis for such

proposed leased Equipment. If Equipment is currently owned by the Consultant, it may

be leased for exclusive use at the Site and on the Project and reimbursed by LAWA at a

fair market rate. No such Equipment may be purchased, leased or licensed without the

prior written approval of LAWA.

2. Reproduction - At actual cost of outside reproduction of material and documents

required in the furtherance of work.

3. Computer Services - Computers, peripherals and software not used at the Site are

deemed to be standard equipment used in the course of business and as such, shall not

receive reimbursement, unless specifically authorized by LAWA.

4. E-Mobile and other Communication Devices - At actual cost for acquisition all devices

combined such as cell phones, pagers, radios, etc. in an amount not to exceed $100 per

authorized individual. (Job site radio systems are not included in this limit.) The purchase

of all devices to be reimbursed must be pre-approved by LAWA in writing with the device

cost and model itemized and the device shall become LAWA’s property upon project

completion. Service charges for devices are reimbursable, except unnecessary and/or

unreasonable charges such as roaming fees (except roaming fees incurred while in

approved travel status), roadside assistance, home long distance, text messaging or any

other such feature that are not essential to the individuals job function which will not be

reimbursed. The City reserves the right to limit the number of individuals allowed to bill for

mobile communication devices.

5. Vehicle and Equipment Costs - Prior to leasing/purchasing major equipment, trailers

and/or vehicles, the Consultant shall perform a lease versus purchase analysis. If the job

vehicle is currently owned by the Consultant parent company, it may be leased for

exclusive use at the Site and on the Project and reimbursed by LAWA at a fair

market/comparable lease rate. The analysis shall be approved by LAWA prior to leasing

and/or purchasing major equipment and vehicles. Job vehicles and vehicles for Key

Personnel will be reimbursed at actual leased cost as long as such lease cost is

reasonable. Repairs related to normal wear and tear for such vehicles will be reimbursed

at actual cost as long as such costs are reasonable. Reimbursement will not be made for

repairs related to abuse or neglect by the Consultant nor will repairs related to items

covered by insurance be reimbursed. Task Orders will be reimbursed via a wet lease rate

when the Task Order so specifies. This rate will cover all cost related to the operation of

the vehicle, which includes but is not limited to the lease, insurance, gasoline,

maintenance, and repairs.

6. Training and Seminar Costs - Training and seminar costs for Consultant employees

may be reimbursed only if such training or seminar directly benefits the City, and the

Deputy Executive or Engineer has approved such training in advance.

7. Office Expenses - Reimbursement for office expenses shall be made for the actual

costs for purchases, rent, utilities, permit fees, license fees, taxes, if any, improvements

to leased office space, electrical or telephone installation or rearranging, security and

janitorial services, office supplies or any other costs or expenses related to such rented,

purchased or leased facility and required by Consultant in performance of its Services as

well as any non-labor costs expended by the Consultant. Office communication expenses

include reimbursement of actual cost for long distance telephone services. Express mail

or other forms of communication used on a day to day, ordinary course basis are

reimbursable. Mass mailings that are approved in advance in writing byLAWA are a

reimbursable cost. Cost for bottled drinking water and coffee at the field office is not

reimbursable.

8. Business Meeting Expenses – Subject to LAWA prior approval, reimbursement for

business meeting expenses on behalf of LAWA shall be made at actual cost and

supported by receipts. A list of attendees and subject of meeting will be required.

9. All other costs that are not duplicative of costs included in or covered by the Field

Overhead Rate - At actual cost for items used directly in the furtherance of work, subject

to the prior written approval of LAWA, and supported by receipts.

D. COSTS NOT REIMBURSABLE

Include charges for entertainment, first-class airfare, bidding and proposal costs

associated with obtaining the Contract, contributions, personal telephone charges, dues

and subscriptions, alcoholic beverages, expenses for transportation for personal pursuits,

gifts, gratuities, and other charges expressly disallowed under the terms of this Contract.

Extraordinary expenses require prior Executive Director approval.

E. CONTRACTOR’S SUBCONSULTANTS

Consultant Sub-consultants shall follow the reimbursable expense guidelines set forth for

Consultant above.


EXHIBIT E

FIRST SOURCE HIRING PROGRAM FOR AIRPORT EMPLOYEES

I. Purpose. The purpose of this First Source Hiring Program is to facilitate the employment

of Targeted Applicants by Airport Employers. It is a goal of this First Source Hiring

Program that this Program benefit Airport Employers by providing a pool of qualified job

applicants through a non-exclusive referral system.

II. Definitions. As used in this Program, the following capitalized terms shall have the

following meanings. All definitions include both the singular and plural form.

“Airport” shall mean Los Angeles International Airport.

"Airport Employer" shall mean a party that, through a contract, lease, licensing

arrangement, or other arrangement, agrees to comply with this First Source Hiring

Program with regard to Airport Jobs. Operators of transportation charter party limousines,

non-tenant shuttles, and taxis shall not be considered Airport Employers.

"Airport Job" shall mean a job that either (i) is performed On-Site, or (ii) is directly related

to a contract, lease, licensing arrangement, or other arrangement under which the

employer is an Airport Employer. Positions for which City's Worker Retention Policy

requires hiring of particular individuals shall not constitute Airport Jobs for purposes of

this Program.

"City" shall mean the City of Los Angeles.

“Coalition” shall mean the LAX Coalition for Economic, Environmental, and Educational

Justice, an unincorporated association comprised exclusively of the following

organizations: AGENDA; AME Minister’s Alliance; Clergy and Laity United for Economic

Justice; Coalition for Clean Air; Communities for a Better Environment; Community

Coalition; Community Coalition for Change; Environmental Defense; Inglewood Coalition

for Drug and Violence Prevention; Inglewood Democratic Club; Lennox Coordinating


Council; Los Angeles Alliance for a New Economy; Los Angeles Council of Churches;

Nation of Islam; Natural Resources Defense Council; Physicians for Social Responsibility

Los Angeles; Service Employees International Union Local 347; and Teamsters Local

911.

“Coalition Representative” shall mean the following: The Coalition shall designate one

individual as the “Coalition Representative” authorized to speak or act on behalf of the

Coalition for all purposes under the Cooperation Agreement. The Coalition

Representative may designate one or more assistants to assist the Coalition

Representative in speaking or acting on behalf of the Coalition with respect to any

specific program or activity or any other matter. The Coalition shall provide LAWA with

contact information for the Coalition Representative upon request.

“Cooperation Agreement” shall mean the Cooperation Agreement between LAWA and

the LAX Coalition for Economic, Environmental and Educational Justice.

"LAWA” shall mean Los Angeles World Airports.

"Low-Income Individual" shall mean an individual whose household income is no greater

than 80% of the median income, adjusted for household size, for the Primary

Metropolitan Statistical Area.

“On-Site” shall mean physically located on property owned or leased by LAWA and

pertaining to Airport.

"Program" shall mean this First Source Hiring Program.

"Project Impact Area" shall have the meaning set forth in the "Final Environmental Impact

Report" for the LAX Master Plan Program, dated April 2004, as supplemented by one or

more EIR Addenda prior to certification of the EIR by the City Council.


"Referral System" shall mean the referral system established to provide applicant

referrals for the Program.

"Special Needs Individuals" shall mean: (i) individuals who receive or have received

public assistance through the [Temporary Assistance for Needy Families Program], within

the past 24 months; (ii) individuals who are homeless; (iii) ex-offenders, (iv) chronically

unemployed, and (v) dislocated airport workers.

"Targeted Applicants" shall have the meaning set forth in Section IV below.

III. Coverage. This Program shall apply to hiring by Airport Employers for all Airport Jobs,

except for jobs for which the hiring procedures are governed by a collective bargaining

contract that conflicts with this Program.

IV. Targeted Applicants. Referrals under the Program shall, to the extent permissible by law,

be made in the order of priority set forth below.

First Priority: Low-Income Individuals living in the Project Impact Area for at

least one year and Special Needs Individuals; and

Second Priority: Low-Income Individuals residing in City.

V. Initial Airport Employer Roles.

A. Liaison. Each Airport Employer shall designate a liaison for issues related to the

Program. The liaison shall work with LAWA, the Coalition Representative, the

Referral System provider, and relevant public officials to facilitate effective

implementation of this Program.

B. Long-Range Planning. Any entity that becomes an Airport Employer at least two

(2) months prior to commencing operations related to Airport shall, at least two

months prior to commencing operations related to Airport, provide to the


Referral System the approximate number and type of Airport Jobs that it will fill

and the basic qualifications necessary.

VI. Airport Employer Hiring Process.

A. Notification of Job Opportunities. Prior to hiring for any Airport Job, an Airport

Employer shall notify the Referral System, by e-mail or fax, of available job

openings and provide a description of job responsibilities and qualifications,

including expectations, salary, work schedule, duration of employment, required

standard of appearance, and any special requirements (e.g., language skills,

driver’s license, etc.). Job qualifications shall be limited to skills directly related to

performance of job duties.

B. Referrals. After receiving a notification under Section VI.A above, the Referral

System shall within five days, or longer time frame agreed to by the Referral

System and Airport Employer, refer to the Airport Employer one or more

Targeted Applicants who meet the Airport Employer's qualifications.

C. Hiring.

1. New Employer Targeted Hiring Period. When making initial hires for the

commencement of an Airport Employer's operations related to Airport,

the Airport Employer shall consider and hire only Targeted Applicants

for a two week period following provision of the notification described in

Section VI.A. After this period, the Airport Employer shall make good-

faith efforts to hire Targeted Applicants, but may consider and hire

applicants referred or recruited through any source.

2. Established Employer Targeted Hiring Period. When making hires after

the commencement of operations related to Airport, an Airport Employer

shall consider and hire only Targeted Applicants for a five-day period

following provision of the notification described in Section VI.A. After


this period, the Airport Employer shall make good-faith efforts to hire

Targeted Applicants, but may consider and hire applicants referred or

recruited through any source.

3. Hiring Procedure During Targeted Hiring Periods. During the periods

described in Sections VI.C.1 and VI.C.2 above, Airport Employers may

hire Targeted Applicants recruited or referred through any source.

During such periods Airport Employers shall use normal hiring

practices, including interviews, to consider all applicants referred by the

Referral System.

4. No Referral Fees. No Airport Employer or referred job candidate shall

be required to pay any fee, cost or expense of the Referral System or

this Program in connection with referrals.

VIII. Reporting and Recordkeeping.

A. Reports. During the time that this Program is applicable to any Airport Employer,

that Airport Employer shall, on a quarterly basis, notify the Referral System of the

number, by job classification, of Targeted Applicants hired by the Airport

Employer during that quarter, and the total number of employees hired by the

Airport Employer for Airport Jobs during that quarter. Any Airport Employer who

has not had hiring activity for the quarter, shall also notify the Referral System of

such inactivity.

B. Recordkeeping. During the time that this Program is applicable to any Airport

Employer, that Airport Employer shall retain records sufficient for monitoring of

compliance with this Program with regard to each Airport Job, including records

of notifications sent to the Referral System, referrals from the Referral System,

job applications received from any source, number of Targeted Applicants hired,

and total number of employees hired for Airport Jobs. To the extent allowed by


law, and upon reasonable notice, these records shall be made available to LAWA

and to the Referral System for inspection upon request. The Coalition

Representative may request that LAWA provide such records at any time.

Records may be redacted so that individuals are not identified by name and so

that information required by law to remain confidential is excluded.

C. Complaints. If LAWA, the Coalition, or the Referral System believes that an Airport

Employer is not complying with this Program, then the designated LAWA office

shall be notified to ensure compliance with this program.

D. Liquidated Damages. Each Airport Employer agrees to pay to LAWA liquidated

damages in the amount of One Thousand Dollars ($1,000) where LAWA finds

that the Airport Employer has violated this Program with regard to hiring for a

particular Airport Job. LAWA shall establish procedures providing to Airport

Employers notice and an opportunity to present all relevant evidence prior to

LAWA’s final determination regarding an alleged violation. This liquidated

damages provision does not preclude LAWA from obtaining any other form of

available relief to ensure compliance with this Program, including injunctive relief.

IX. Miscellaneous.

A. Compliance with State and Federal Law. This Program shall be implemented only

to the extent that it is consistent with the laws of the State of California and the

United States. If any provision of this Program is held by a court of law to be in

conflict with state or federal law, the applicable law shall prevail over the terms of

this Program, and the conflicting provisions of this Program shall not be

enforceable.

B. Severability Clause. If any term, provision, covenant or condition of this Program

is held by a court of competent jurisdiction to be invalid, void, or unenforceable,

the remainder of the provisions shall continue in full force and effect.


C. Binding on Successors. This Program shall be binding upon and inure to the

benefit of the successors in interest, transferees, assigns, present and future

partners, subsidiary corporations, affiliates, agents, representatives, heirs, and

administrators of any party that has committed to comply with it. Any reference

in this Program to a party shall be deemed to apply to any successor in interest,

transferee, assign, present or future partner, subsidiary corporation, affiliate,

agent, representative, heir or administrator of such party; provided, however, that

any assignment, transfer or encumbrance of a lease agreement, permit or

contract in which this Program is incorporated shall only be made in strict

compliance with the terms of such lease agreement, permit or contract and the

foregoing shall not constitute consent to any such assignment, transfer or

encumbrance.

D. Lease Agreements and Contracts. Airport Employers shall not execute any

sublease agreement or other contract under which Airport Jobs may occur

directly or indirectly, unless the entirety of this Program is included as a material

term thereof, binding on all parties.

E. Assurance Regarding Preexisting Contracts. Each Airport Employer warrants and

represents that as of the date of execution of this Program, it has executed no

sublease agreement or other contract that would violate any provision of this

Program had it been executed after the date of incorporation of this Program into

a binding contract.

F. Intended Beneficiaries. LAWA, the Coalition, and the Referral System are

intended third-party beneficiaries of contracts and other agreements that

incorporate this Program with regard to the terms and provisions of this Program.

However, the parties recognize that only LAWA has the sole responsibility to

enforce the provisions of this Program.


G. Material Terms. All provisions of this Program shall be material terms of any lease

agreement or contract in which it is incorporated.

H. Effective Date. Section VI of this Program shall become effective on the effective

date of the contract or agreement into which it is incorporated.

I. Construction. Any party incorporating this Program into a binding contract has

had the opportunity to be advised by counsel with regard to this Program.

Accordingly, this Program shall not be strictly construed against any party, and

the rule of construction that any ambiguities be resolved against the drafting

party shall not apply to this Program.

J. Entire Contract. This Program contains the entire agreement between the parties

on the subjects described herein, and supersedes any prior agreements, whether

written or oral. This Program may not be altered, amended or modified except by

an instrument in writing signed in writing by all parties to the contract in which it is

incorporated.

INSURANCE REQUIREMENTS FOR LOS ANGELES WORLD AIRPORTS

NAME: **************************************** AGREEMENT / ACTIVITY: RFP (6866) – PROFESSIONAL PLANNING AND ENGINEERING SERVICES TERM: TBD LAWA DIVISION: Airports Development Group The insured must maintain insurance coverage at limits normally required of its type operation; however, the following coverage noted with an "X" is the minimum required and must be at least the level of the limits indicated. All limits are per occurrence unless otherwise specified.

LIMITS

(X) Workers' Compensation (Statutory)/Employer's Liability Statutory

(X) Voluntary Compensation Endorsement (X) Waiver of Subrogation, specifically naming LAWA

(Please see attached supplement) (X) Automobile Liability - covering owned, non-owned & hired auto $10,000,000 CSL (X) Aviation/Airport or Commercial General Liability, including the following coverage: $10,000,000

(X) Premises and Operations (X) Contractual (Blanket/Schedule) (X) Independent Contractors (X) Products /Completed Operations (X) Personal Injury (X) Additional Insured Endorsement, specifically naming LAWA

(Please see attached supplement). ( ) Explosion, Collapse & Underground

(required when work involves digging, excavation, grading or use of explosive materials.) ( ) Hangarkeepers Legal Liab. (At least at a limit of liability of $ 1 million)

Coverage for Hazardous Substances $ *** *** Must meet contractual requirements (X) Professional Liability $5,000,000

* Claims-made policy: continuous coverage for three years after contract completion, or three-year extended reporting period beginning after contract completion.

CONTRACTOR SHALL BE HELD RESPONSIBLE FOR OWN OR HIRED EQUIPMENT AND SHALL HOLD AIRPORT HARMLESS FROM LOSS, DAMAGE OR DESTRUCTION TO SUCH EQUIPMENT.

INSURANCE COMPANIES WHICH DO NOT HAVE AN AMBEST RATING OF A- OR BETTER, AND HAVE A MINIMUM FINANCIAL SIZE OF AT LEAST 4, MUST BE REVIEWED FOR ACCEPTABILITY BY RISK MANAGEMENT.

PLEASE RETURN THIS FORM WITH EVIDENCE OF INSURANCE

EXHIBIT F


RFP ATTACHMENT 5

KEY STAFF PERSONNEL RESUME

FORMAT


KEY STAFF PERSONNEL RESUME FORMAT PROPOSER: KEY POSITION: Submit individual Resumes for the Project Design Manager, Project Engineer, Engineer of Record, and others as appropriate. NAME: FIRM: EDUCATION: LENGTH OF TENURE with The Proposer or its Sub-Consultant/Subcontractor Firm(s): _________Years WORK HISTORY Relevant Experience With Similar Projects. Highlight Similarities in Scope, Schedule, Delivery Methods, Political Environment, Stakeholder Interaction, and Value REFERENCES: Provide reference contacts with phone numbers and e-mail addresses for each individual

REQUEST FOR PROPOSAL (RFP) FOR · ATTACHMENT 2: PROPOSAL PART B – PROPOSAL EXAMPLE COVER LETTER ....

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Transcript of REQUEST FOR PROPOSAL (RFP) FOR · ATTACHMENT 2: PROPOSAL PART B – PROPOSAL EXAMPLE COVER LETTER ....