CITY OF LOS ANGELES Richard H. Llewellyn, Jr. CALIFORNIA ASSISTANT CITY ADMINISTRATIVE OFFICERS CITY ADMINISTRATIVE OFFICER PATRICIA J. HUBER BEN CEJA YOLANDA CHAVEZ ERIC GARCETTI MAYOR REQUEST FOR BIDS PUBLIC PRIVATE PARTNERSHIP FINANCIAL ADVISORY SERVICES Addendum #1 (Extension Notice and Responses to Questions) February 12, 2019 Extension Notice: Responses from all prospective bidders has been extended one week to 2:00 P.M. PST on Thursday, February 28, 2019. Responses to Questions: 1. In addition to the Cover Letter (submittal item A), can resumes and administrative elements of the proposal (submittal items G through J) be excluded from the 15 page limit? Yes, resumes and administrative elements may be excluded from the 15 page limit. 2. Can the CAO provide guidance on its evaluation criteria and the relative importance of the various submittals (qualifications, resumes, cost, etc.)? Firms will be evaluated in two phases by a panel of City staff based on the following rating criteria: Inclusion Evaluation Criteria Points All Proposals Phase I – Written Response Overall Quality and Responsiveness of the Proposal 10 Proposed Approach 30 Experience and Qualifications 40 Proposed Level of Fees – Best Overall Value 20 Total Phase I 100 Short List Only Phase II – Oral Interviews Required Topics (to be provided) 35 Questions and Answers 15 Total Phase II 50 TOTAL POINTS 150 473-7500 The City review panel will score all respondents in Phase I. Based on these evaluations, the City will select no more than five firms to advance to oral interviews in Phase II. The final selection will be determined by both the written proposal and the results of the oral interview process, based on the scoring criteria above. 3. Are there minimum requirements or scoring advantage or preference related to the use of MBE/WBE/SBE/EBE/DVBE/OBEs? While there are no minimum requirements or scoring advantages related to the use of Minority Business Enterprise (MBE), Women Business Enterprise (WBE), Small Business Enterprise (SBE), Emerging Business Enterprise (EBE), Disabled Veteran Business Enterprise (DVBE) or Other Business Enterprise (OBE) firms, the City’s position is to encourage bidders to include such business enterprises. It continues to be the City’s policy to provide MBE, WBE, SBE, EBE, DVBE, and OBE an equal opportunity to participate in the performance of City contracts. This policy continues to be a high priority of the Mayor and City Council. As such, we urge all bidders to continue to make a good faith effort to provide such firms an opportunity to participate if utilizing subcontractors. The City does provide a local business preference of 8% for local prime contractors and 5% for local subcontractors in accordance with the City’s Local Business Preference Ordinance. Firms who qualify must fill out the attached Local Business Certification Affidavit of Eligibility in order to receive the scoring preference (Attachment 1). 4. Does the City intend to separately use an Independent Registered Municipal Advisor from its municipal advisor pool? In the event that the City needs to evaluate the use of long term municipal bonds or decides to finance the Project with such bonds, the City may decide to separately use an Independent Registered Municipal Advisor from the existing list of firms prequalified to perform such services (Council File 17-1388) or from the City’s current contract for General Financial Advisors (Council File 14-0412). 5. What is CAOs anticipated timeline for the P3 FA interviews, selection and contract award? The tentative schedule to evaluate and select a P3 Financial Advisor is as follows: Submission Deadline 2:00 P.M. PST on Thursday, February 28, 2019 Short List of Firms Notified Week of March 11, 2019 Conduct Oral Interviews Weeks of March 11 and 18, 2019 Finalize Selection and Award Contract Week of March 25, 2019 2 6. Can the City provide a copy of the agreement in place with AEG regarding the existing Convention Center operations? For your reference, attached are copies of the original Management and Operation Agreement between the City of Los Angeles and AEG Management LACC, LLC (Attachment 2) as well as first amendment extending the term of the original Agreement (Attachment 3). 7. The Scope of Work references analysis and negotiation support during the term sheet negotiations (which we expect will memorialize all key business terms agreed). a. Does the City anticipate fully developing the implementation agreement and reaching commercial and financial close by the end of the ENA term in December 2019? Yes, the City’s goal is to completely develop the Implementation Agreement during the Exclusive Negotiating Period to present to the Council and Mayor for final consideration, with commercial and financial close occurring soon after. b. Please confirm the P3 FA would continue to support between the term sheet finalization and such commercial and financial close activities, and those should be factored into the cost proposal. Yes, that is correct. 8. To confirm will the technical requirements that form the basis of KPIs be developed by the City or technical consultants separately retained? Key Performance Indicators will be developed by the City with the assistance of the P3 Financial Advisor. The City’s expectation is that responding firms will subcontract with technical consultants if necessary. 9. In order to facilitate the timely addition of specialty subconsultants with various forms of technical expertise related to cost estimation, maintenance and convention center operations required as part of the scope of work, may we request an extension of the proposal submission deadline by one week? Yes, the deadline for responses from all prospective bidders has been extended one week to 2:00 P.M. PST on Thursday, February 28, 2019. The tentative schedule provided in Question 5 of this Addendum reflects the revised submission deadline. 10. Is the evidence of required insurance minimum coverages to be submitted with the RFB response, or produced only once the consulting team is selected by the City? Compliance with the City’s insurance minimums will be required after the consulting team is selected by the City. 3 Attachment 1 Local Business Certification Affidavit of Eligibility LOCAL BUSINESS CERTIFICATION AFFIDAVIT OF ELIGIBILITY Name of Firm________________________________________ BAVN Company ID Number______________ Business Address___________________________________________________________________________ City, State, Zip Code_________________________________________________________________________ Telephone Number______________ Fax Number______________ E-mail Address______________________ I declare that _________________________________________________________________ (Firm’s Name) 1. Is in compliance with all applicable laws relating to licensing and is not delinquent on any Los Angeles City or Los Angeles County taxes. 2. Can demonstrate: a) at least 50 of its full-time employees perform work within the boundaries of the County at least 60 percent of their total regular hours worked on annual basis; or b) at least half of its full-time employees work within the boundaries of the County at a minimum of 60 percent of their total regular hours worked on annual basis; or c) it is headquartered in the County of Los Angeles. Headquartered means that the business physically conducts and manages all of its operations from a location in the County. I declare under penalty of perjury that the foregoing is true and correct.1 SIGNATURE ____________________________________ Title __________________________________ Printed Name ____________________________________ Date __________________________________ Certified Local Businesses are eligible to an 8% preference (for Local Prime contractors), or up to a 5% preference (for Local Subcontractors) on City contracts in excess of $150,000. Preferences awarded for services shall be applied only if the services are provided directly by the Local Business or Local Subcontractor using employees whose exclusive, primary working location is in Los Angeles County. Preferences awarded for equipment, goods or materials shall be applied only if the Local Business or the Local Subcontractor substantially acts as the supplier or dealer, or substantially designs, manufactures or assembles the equipment, goods or materials at a business location in Los Angeles County. The maximum bid or proposal preference shall not exceed One Million Dollars ($1,000,000) for any Bid or Proposal. To remain certified and be given the preference, firms must continue to meet the City’s Local Business Preference Ordinance #181910 certification criteria and complete an Affidavit of Eligibility every two (2) years. We continue to reserve the right to re-evaluate your certification eligibility anytime it is deemed necessary. 1 Knowingly and willfully providing false information is a violation of the City Ordinance #181910 and could subject you to fines, contract termination or debarment from transacting business with the City. Business owners claiming eligibility to the Local Business Preference Program criteria must sign this affidavit. City of Los Angeles • Department of Public Works • Bureau of Contract Administration • Office of Contract Compliance – Centralized Certification Administration 1149 S. Broadway Street, Suite 300 • Los Angeles, CA 90015 • Phone (213) 847-2684 • Fax (213) 847-2777 Attachment 2 Management and Operation Agreement between the City of Los Angeles and AEG Management LACC, LLC MANAGEMENT AND