- April 22, 2011 ADDENDUM NO. 1 TO REQUEST FOR PROPOSAL ( RFP ) FOR AIRPORT SECURITY CONSULTING AND SPECIALIZED SAFETY/SECURITY SERVICES AT THE O HARE AND MIDWAY INTERNATIONAL AIRPORTS Specification 90476 For which Proposals were due in the Department of Procurement Services, Bid and Bond Room, Room 301, City Hall, 121 N. LaSalle Street, Chicago, Illinois 60602, at 4:00 p.m., Central Daylight Time, Friday, April 29, 2011. The following revisions/clarifications are incorporated into the above-referenced RFP document. All other provisions and requirements as originally set forth remain in full force and are binding. RESPONDENT SHOULD ACKNOWLEDGE RECEIPT OF THIS ADDENDUM IN THE COVER LETTER SUBMITTED WITH ITS RESPONSE. SECTION I: NOTICE OF REVISIONS/CHANGES PROPOSAL DUE DATE HAS BEEN POSTPONED TO FRIDAY, MAY 6, 2011 REVISION DESCRIPTION 1. Proposal due date has been postponed to Friday, May 6, 2011. For which proposals are due in the Department of Procurement Services, Bid and Bond Room, Room 301, City Hall, 121 N. LaSalle Street, Chicago, Illinois 60602, at 4:00 p.m., Central Daylight Time. 2. Cover page of RFP is hereby amended to read as follows: Proposals must be received no later than 4:00 p.m., Central Daylight Time on May 6, 2011. Page 1 of 18
Addendum 1 REVISION DESCRIPTION 3. Section I.E.1 Deadline and Procedures for Submitting Proposals, change proposal due date in items 1 and 5 to read as follows: 4:00 p.m. Central Daylight Time, May 6, 2011. 4. Section I.F, Procurement Timetable, change the Proposal due date to read as follows: Proposals Due: May 6, 2011 SECTION II: Answers to 103 questions submitted for clarification of the RFP The following questions and requests for clarification relevant to the RFP were submitted in accordance with the instructions provided in Section I.D.1 (Communications between the City of Chicago and Respondents) of the RFP. The City s response (shown in italic) follows each question or request for clarification in the table below: QUESTIONS & RESPONSES 1. Question: If your firm is awarded the contract for the Airport Security Consulting and Specialized Safety/Security Services at the O'Hare and Midway International Airports, does this preclude you from bidding on any future security related services (installation, implementation and design services) contract opportunities? 2. Question: Will the city provide detailed SOW and position descriptions (including amount of hours and level/qualifications for post-specific consultant) so incumbent has less prior-knowledge advantage? This information is not available. The current agreement (including the accepted staffing proposal provided by the City s current contractor) is publicly available on the Chicago Department of Procurement Services website. The current contract for these services is number 14731 and can be accessed through the following link www.cityofchicago.org/procurement by searching the Contract Award & Vendor Database. 3. Question: Will the city provide a detailed SOW and position descriptions (including amount of hours and level/qualifications for post-specific consultant) so the SOW is not so vague leaving bidders to guess what is the City s intent? Please see response to Question 2. 4. Question: Will the city consider replacing this RFP with an RFQ so short-listed bidders can receive comprehensive information prior to bidding? Among others, this information may include the ASP, SDs, other regulatory documentation, detailed current position descriptions, meetings with department managers, current year enforcement actions, goals and current projects, security threat assessments made or considered etc. Page 2 of 18
Addendum 1 It is the City s expectation that a Respondent, with the level of experience required to adequately perform the services set forth in the Scope of Services, should be able to formulate a staffing plan, taking into account factors such as hours, staff qualifications, security risks, the changing regulatory environment, etc. that will allow them to execute the tasks set forth in the Scope of Services. In addition, regulatory information is publicly available. Please refer to federal, state and local statues and the regulations thereto for such information. 5. Question: If a Contractor currently provides technical maintenance and support of the ISSOCCS environment at the City, would that Contractor be precluded from responding to this solicitation as either a Prime or Subcontractor? 6. Question: Please confirm that contractor provides all staffing and does not supervise any City employees. (Both badging and communications centers) The Contractor does not provide all staffing. Both badging offices and communication centers are staffed with City employees. 7. Question: Are incumbents unionized? 8. Question: How many FTE per location and airport? How many are classified as Trusted Agents and listed with the FSD? Midway has one (1) FTE and O Hare has nine (9) FTE. All are classified and listed as Trusted Agents with the Federal Security Director (FSD). 9. Question: Could you please provide an existing org chart? This information is not available. 10. Question: Is the current staff, not including the supervisor the same level/pay grade or are there multiple levels? For example, are fingerprint techs, communications center staff a higher classification/level? Employees do receive multiple levels of pay. 11. Question: What are the incumbent pay rates and benefits? This information is not available. 12. Question: Who does the contractor directly report to? Assistant Commissioner of ID Badging and Compliance. Page 3 of 18
Addendum 1 13. Question: Is the SIDA/driver training CBT or video and paper testing? If video and paper testing are they looking for a technology upgrade in this RFP process? If CBT what kind of system? The current system is a Drivesmart Computer Based Training System. 14. Question: Who is the existing badging and access control system manufacturer? Who performs the maintenance? What are the contractual response times for repairs? The existing badging and access control system manufacturer is Honeywell Prowatch. The CDA s contractual systems integrator performs maintenance, and the response times for repairs are thirty (30) minutes for a verbal response and two (2) hours for on-site response. 15. Question: Are you looking for system improvements, for example technology that allows data entry one time for all credentialing requirements? 16. Question: Who determines the access assignment groups where there are changes, the City or contractor? (Door access group) This is done collectively by both the contractor and the City. 17. Question: Is the contractor responsible for approving and making requested access control changes for individuals or companies? This is done collectively by both the contractor and the City. 18. Question: What is the average daily number of events dispatched from each communications center? Approximately 100 per day. 19. Question: How many officers in the airport security force are under the dispatch responsibility of the communications center at each airport? Approximately 300 for both airports. 20. Question: Are the contractor communications center employees directly dispatching police, fire and EMS? 21. Question: Do both airports have 911 direct response or is it dispatched through the City and routed back to the airport? Page 4 of 18
Addendum 1 O Hare has direct response and Midway is dispatched through the Office of Emergency Management and Communications. 22. Question: If both airports are 911 dispatch centers do they comply with all applicable guidelines? O Hare is secondary Public Safety Answering Point (PSAP), however, direct response and dispatch to 9-1-1 calls come from the airport dispatch center, equipped with 9-1-1 phone switch. 23. Question: Is the support person for the Security Threat Assessment (STA) process required to have an IT background or experience? The support person should possess advanced computer skills but does not necessarily have to have an Information Technology background. 24. Question: Is the contractor expected to provide IT support for software and hardware that supports CHRC, STA, badging system, etc.? 25. Question: In regard to airport users, how many companies are established with the security departments at each airport? Approximately 925 companies at O Hare and 350 companies at Midway are established with the security department. 26. Question: Within the airport users companies approximately how many Authorized Signatories exist that require annual training? There are approximately 1825 Authorized Signatories at O Hare and 610 Signatories at Midway that require annual training. 27. Question: Will the City provide the existing Authorized Signatory training to the contractor? 28. Question: Is there a trainer position that is responsible for this training and oversight/updates of the other programs listed? 29. Question: Are you looking for technology upgrade recommendations? Page 5 of 18
Addendum 1 30. Question: Are you looking for process improvement recommendations? 31. Question: Does the contractor approve and issue vehicle permits? 32. Question: Does the contractor issue assessments for violations of airport safety and security related violations, or what specific role does the contractor play in the adjudication of a violation? The contractor does not play a role in adjudication of violations. 33. Question: Will the City release a list of attendees for the pre-submittal conference Yes, The list of Pre-Submittal Conference Attendees can be found at www.cityofchicago.org/procurement. 34. Question: Must the WBE subcontractor be certified with the City at the time of award, or can certification be received after contract award? Yes, WBE subcontractor must be certified with the City at the time of award 35. Question: Section II.B.5 on page 6 provides in relevant part This description should include similar experience at other airports or in managing similar programs. A: Question: Does this statement mean that the successful management of programs outside of the aviation industry is sufficient to comply with the specialized experience requirement? Or does the City require that proposers submit Project Reference Forms for aviation-specific projects? B: Question: Section III.B.2.b. provides Respondent s demonstrated experience organizational management to provide airport security services, in an expedited, streamlined environment at large hub US airports; This statement appears to contradict the previous statement (II.B.5) and implies that only those companies currently providing airport security services at a large hub US airports qualify to bid on this project. A: Respondents may submit experience on Airport Projects or Projects of similar magnitude and complexity outside of the aviation industry. B: On page ten, Section III.2.b., delete Respondent s demonstrated experience organizational management to provide airport security services, in an expedited, streamlined environment at large hub US airport; change sentence to read as follows: Respondent s demonstrated experience, organizational structure and management expertise to provide security services, in an expedited, Page 6 of 18
Addendum 1 streamlined environment at large hub US airport or programs with similar complexity and magnitude outside of the aviation industry; 36. Question: Will the City consider proposals from companies who have international aviation experience, whose staff possesses significant aviation experience, and who have considerable project management experience in industries outside of aviation? Yes, the City will consider international aviation experience and similar experience gained out side of the United States aviation industry that meets the requirements set forth in Exhibit 1 of the RFP. See Question 35. 37. Question: Section II.B.6.a., on page 7 provides in relevant part Respondent must provide an organization chart identifying, at a minimum, the Key Personnel who will participate in the following major components of the Project: Also Section II.B.6.c. on page 7 provides Respondent must submit resumes or corporate personnel profiles of all staff (maximum two pages per individual) which demonstrates relevant past experience for each proposed staff member and Key Personnel. Question: Please clarify which positions qualify as Key Personnel and must therefore be identified in the proposal. Each respondent, based upon project understanding, capabilities and experience, is required to identify its Key Personnel members who can successfully implement and deliver the requirements set forth in the RFP. 38. Question: Section II.B.7., page 7 discusses MBE/WBE participation. Question: Please confirm that a certified MBE proposing as the Prime Contractor fulfills the MBE requirements (25% goal) and must then only comply with the WBE requirements (5% goal). Please refer to Exhibit 3, Special Conditions Regarding Minority Business Enterprise Commitment and Women Business Enterprise Commitment, Section I.D of the RFP. 39. Question: Section IV.A., on page 2 of Exhibit 1 provides in relevant part, Examples of completed projects in areas captioned above must be provided. Question: Please identify where in the proposal this information should be provided. Question: Will the City accept personal experience from the identified Key Personnel that clearly demonstrate experience completed aviation projects similar in scope to the areas captioned? Please see Exhibit 7: Project Reference Form of the RFP for details regarding the required form and substance of project experience submissions. 40. Question: Section IV.B.1., on page 3 of Exhibit 1 provides in relevant part Consultant must provide coverage at the O Hare and Midway International Airport ID Badging Page 7 of 18
Addendum 1 Offices, on a 7AM to 4PM, Monday through Friday basis and Consultant must provide documentation supporting knowledge and experience of designated person covering last 2-5 years. Question: Does this position consist of 1 or 2 individuals? If only one individual is required, which Badging Office will be considered his/her primary place of work? Please see response to Question 2. 41. Question: Section IV.B.2. on page 3 of Exhibit 1 identifies the Airfield Driver/Vehicle Safety, Security and Testing position. Question: Please confirm that this is a single position requiring only one individual. Also, please provide the position s work schedule and primary place of work (O Hare or Midway)? Please see response to Question 2. 42. Question: Section IV.B.3. on page 4 of Exhibit 1 identifies the SIDA Training Development position. Question: Please confirm that this is a single position requiring only one individual. Also, please provide the position s work schedule and primary place of work (O Hare or Midway)? Currently, this position does not require dedicated personnel. 43. Question: Section IV.B.4. on page 4 of Exhibit 1 provides in relevant part Consultant must also provide dedicated on site personnel to conduct audits and address daily customer service issues, in accordance with Departmental policies and procedures, at O Hare International and Midway International Airport s Question: Please identify the number of personnel necessary to satisfy this requirement and identify each auditor s primary place of work (total required at O Hare and total required at Midway)? Please see response to Question 2. 44. Question: Section IV.B.5. on page 4 of Exhibit 1 identifies the Access Control position. Question: Please confirm that this is a single position requiring only one individual. Also, please provide the position s primary place of work (O Hare or Midway)? There is a single access control position at each airport (O Hare and Midway). 45. Question: Section IV.B.6. on page 4 of Exhibit 1 discusses Support to OCC/MCC Managers. Question: Is this support provided by on-site personnel assigned to specific positions ( Key Personnel ) or is this an on-call consulting component that requires additional aviation experts as needed? Page 8 of 18
Addendum 1 Currently, this support is provided by on-site personnel assigned to a specific position ( Key Personnel ). 46. Question: Section IV.C.1. on page 5 of Exhibit 1 discusses the STA requirements. As identified in the RFP, the consultant is required to provide a knowledgeable point of contact to support this function. Question: Does the City require a dedicated person to satisfy this requirement? What level of presence is required to satisfy this requirement (daily work schedule)? Please see response to Question 2. 47. Question: Section IV.C.3. on page 6 of Exhibit 1 discusses the Document Destruction requirements. As identified in the RFP, the consultant must have the ability to destroy and dispose of badge media and other security related documents. Question: Does the City require a dedicated person to satisfy this requirement? Is the contractor responsible for providing any equipment, or is all document destruction equipment provided by the City? Currently, this does not require a dedicated person and the City does not provide any equipment to perform this task. 48. Question: Exhibit 2A provides the City of Chicago Travel Guidelines. Question: Will the City reimburse the contractor for travel expenses when requesting consulting services outside of the normal daily services? Does the City require a dedicated person to satisfy this requirement? Is the contractor responsible for providing any equipment, or is all equipment provided by the City? The selected Respondent will be required to perform the services set forth in the Scope of Services as described in Exhibit 1 of this RFP. Any changes to the Services will require and amendment to the awarded Agreement. Accordingly, any reimbursement expenses will be in accordance to the related guidelines. 49. Question: General Question What is the funding source of this solicitation? Funding is provided through the CDA Operation and Maintenance Budget. 50. Question: General Question Are any of the funds coming from Federal ARRA allocation? 51. Question: General Question Is the focus of this solicitation for staff augmentation and specialized consulting? Page 9 of 18
Addendum 1 52. Question: General Question Is the solicitation asking for new systems or enhanced systems for ID badging, video surveillance, etc? 53. Question: General What are the weighting factors for the RFP response? All evaluation criterion listed are considered critical, very important, and important in terms of weight. Each Respondent will be evaluated on their overall qualifications, approach together with each of the criteria listed in and in accordance with Section III of the RFP 54. Question: General How long does the CDA envision for a transition period? The City envisions approximately 30 days for the transition, however, the length of the transition period depends on several variables including the length of evaluation committee deliberations and contract negotiations. 55. Question: General When does CDA plan to award the RFP? The City plans to award the RFP prior to Dec. 31, 2011. The time frame for awarding the RFP depends on several variables including the length of evaluation and contract negotiations. 56. Question: Exhibit-1, page Exhibit-1-4, #6, Support to OCC/MCC Managers Do you believe that the City of Chicago and these requirements are bound by any of the following laws and regulations? (a) Public Law 110-53, Implementing the Recommendations of the 9/11 Commission. (b) Stafford law and mutual aid The City of Chicago and these requirements are bound by all applicable state, federal and local statutes and regulations as set forth in such statutes and regulations. Please review the statutes and the regulations thereto to determine whether they are applicable to the City. 57. Question: Exhibit-1, page Exhibit-1-4, #6, Support to OCC/MCC Managers How does the 911 Emergency call system fit into this requirement? The 911 Emergency call system is not a part of this requirement. 58. Question: Exhibit-1, page Exhibit-1-4, #6, Support to OCC/MCC Managers will the consultant be required to participate in disaster drill exercises? Consultant does not provide these services at this time but may be required to do so in the future. Page 10 of 18
Addendum 1 59. Question: Exhibit-1, page Exhibit-1-4, #6, Support to OCC/MCC Managers will the consultant be required to adjudicate and score disaster drill exercises? Consultant does not provide these services at this time but may be required to do so in the future. 60. Question: Exhibit-1, page Exhibit-1-1, ISSOCCS is this part of the Integrated Management Center (IMC)? (a) If so, are these systems in place now? If not, what is the expected time frame for completion (b) What video surveillance systems are in use? Please provide vendor make, model and the number of systems in place. (c) Does the City or CDA require specialized licenses for monitoring and analyzing video surveillance output? If so, where can this information be found? (d) Does the City or CDA require facial recognition as part of the video surveillance system? (e) What access controls are in place for door access? Please provide vendor, make, model and the number of systems in place (f) Does an architecture diagram exist. If so, can it be shared? Responses: Exhibit-1, page Exhibit-1-1, ISSOCCS is this part of the Integrated Management Center (IMC)? (a) If so, are these systems in place now? Yes (only video components). (b) What video surveillance systems are in use? Verint and Nextiva Please provide vendor make, model. Verint, Nextiva 6.0 and 6. (c) Does the City or CDA require specialized licenses for monitoring and analyzing video surveillance output? (d) Does the City or CDA require facial recognition as part of the video surveillance system? (e) What access controls are in place for door access? Magstripe and Biometric Please provide vendor, make, model and the number of systems in place. Honeywell Prowatch 3.6, the number of systems in place is not available. (f) Does an architecture diagram exist. If so, can it be shared? Yes, however, it cannot be shared. 61. Question: Exhibit-1, page Exhibit-1-4, #7, Support to ID Badging/Compliance Managers Does CDA utilize any of the organizations within the aviation community? If so, in what way? (a) Biometric Airport Security Identification Consortium (BASIC) Page 11 of 18
Addendum 1 (b) AAAE (c) Transportation Security Clearing House - The Transportation Security Clearing House presently processes our Criminal History Record Checks (CHRC s) and Security Threat Assessments (STA s). 62. Question: Exhibit-1, page Exhibit-1-4, #7, Support to ID Badging/Compliance Managers is data collected during the enrollment process hosted on site? 63. Question: Exhibit-1, page Exhibit-1-4, #7, Support to ID Badging/Compliance Managers who is the current vendor that supplies the ID Badging software? Honeywell. 64. Question: Exhibit-1, page Exhibit-1-4, #7, Support to ID Badging/Compliance Managers the ID Badging system a homegrown system? 65. Question: Exhibit-1, page Exhibit-1-4, #7, Support to ID Badging/Compliance Managers - do the badges issued by CDA need to have interoperability with other airports? 66. Question: Exhibit-1, page Exhibit-1-4, #7, Support to ID Badging/Compliance Managers - are the badges issued by the CDA specific to O Hare and Midway or are they interoperable between these 2 airports? The badges issued by the CDA are specific to O Hare and Midway. 67. Question: Exhibit-1, pages Exhibit-1-2 and Exhibit-1-4, #7, ISSOCCS Support Services, B.1., Fingerprint Screening Administration and #7, Support to ID Badging/Compliance Managers Does the State of Illinois or the City of Chicago have requirements or laws pertaining to licensing or legality concerning fingerprint capture? For example, some states have legislation that require only certified law enforcement can capture a fingerprint and transmit it for adjudication. This is publicly available information. The city, county and state licensing and permit requirements can be obtained from the City of Chicago, Department of Business Affairs and Consumer Protection, at http://www.cityofchicago.org/city/en/depts/bacp.html. 68. Question: Is there an incumbent supplier of the services that the CDA intends to procure with this solicitation? Page 12 of 18
Addendum 1 69. Question: Who are the current suppliers of the CDA s physical access control systems? The current suppliers of the CDA s physical access control systems are Johnson Controls (cardkey), IE (card readers), and Veridt (card readers). 70. Question: Will new physical access control systems be purchased as part of this procurement? 71. Question: Does the CDA intend to procure an identity credentialing solution as part of this procurement or as a subsequent procurement? Not as part of this RFP, however, the City may seek to procure such a credentialing solution in the future. 72. Question: Federal employees that work on airport premises are required to carry federally issued PIV identity credentials. This group includes TSA employees and Customs and Border Protection employees. Many airports are now considering the adoption of the federal PIV-I standard for aviation personnel. Does the CDA intend to issue interoperable PIV (PIV-I) identities to airport personnel and flight crews? Not at this time. 73. Question: Does the CDA intend to outsource any portion of it current security systems or services? If so, can the CDA comment on the scope of the outsourcing plans? 74. Question: Some of the first responders in the Chicago metropolitan area have adopted the PIV-I identity standard and others are considering it. Is interoperable identity and communications a consideration in the CDA s emergency response plans? Not at this time. 75. Question: Is the CDA considering the National Incident Management System Implementation Guidance in its emergency management planning? 76. Question: What is the expected number of service hours needed to fulfill the National Incident Management System requirements per year? The expected number of service hours needed to fulfill the National Incident Management System requirements is 90-100 hours annually. 77. Question: What type of access cards is used? Page 13 of 18
Addendum 1 Smartcards. 78. Question: Are biometric authentication devices employed at the airport? 79. Question: Are the Criminal History Record Checks (CHRC) and Security Threat Assessments (STA) facilitated by the Transportation Security Clearing House? 80. Question: Are there any plans to provide access cards to law enforcement, first responders? 81. Question: Are access cards used for access to logical assets such as computers, vpn s? 82. Question: Are there any incentives to demonstrate cost saving strategies during the consultant effort? Contractor s ability to develop and demonstrate cost saving strategies will be a component of Contractor s performance evaluations. 83. Question: What system is used for ID Badge issuance and control? Honeywell Prowatch. 84. Question: Are you presently able to validate the access card to the card holder to certify the card belongs to the cardholder? 85. Question: Will the cards issued to Flight Crews be interoperable at other airports? 86. Question: Exhibit 2, Schedule of Compensation, contains this statement: The Chicago Board of Aviation reserves the right to adjust personnel resources based on conditions at the Airports. How does this align with the statement in the Professional Services Agreement Section 4.2, Second Paragraph? It states the The reasonableness, allocability and allowability of any costs and expenses charged by Consultant under this Agreement will be determined by the Commissioner in his/her sole discretion. Is the adjustment of personnel resources made by the Board binding or non-binding on the Commissioner? Page 14 of 18
Addendum 1 The statement in Exhibit 2 gives the CDA the right to adjust personnel resources based on conditions at the Airports. In order for the CDA to take action pursuant to this provision, the Commissioner of the CDA must sign off on any proposed adjustment and may in his/her sole discretion determine whether or not the adjustment is reasonable or allowable. 87. Question: How many individuals are dedicated to performing the task areas listed in Exhibit 1? Please see response to Question 2. 88. Question: Is there an existing overall program supporting the areas listed in Exhibit 1? 89. Question: Is there an existing training program cover the areas listed in Exhibit 1? Yes, there is existing signatory training in place. 90. Question: Are FAA/TSA compliance audits being currently performed? 91. Question: Is there an information lifecycle process in place to address labeling sensitive information upon creation as well as it destruction when no longer needed? 92. Question: Professional Services Agreement, Section 1.3, Third Paragraph: Which terms or matters set forth in Exhibit 1 or Exhibit 2 are those that the City claims are not binding upon City? This paragraph should be read in conjunction with the preceding paragraph. The City cannot provide legal advice to Respondents regarding the interpretation and understanding of the Sample Professional Services Agreement ( SPSA ). Please note page 5 of the RFP, Section II.B.2.F regarding objections or exceptions to the PSA. 93. Question: What are the sources of funding for the resulting contract? Please be specific, and please name any federal sources including the specific Act that may be involved. What forms, certifications, requirements and pass throughs (such as FARS) are required under such Acts/funding sources? Please be comprehensive. This question is not relevant to the RFP process. Respondent is responsible for complying with all laws and ensuring that it is qualified to perform the Services described in the Bid Document. Page 15 of 18
Addendum 1 94. Question: Professional Services Agreement, Section 2.3 (b), Key Personnel: This Section states that Commissioner may at any time in writing notify Consultant that the City will no longer accept performance of Services under this Agreement by one or more Key Personnel. On what basis would Commissioner send such notice? Please read paragraphs and sections in their entirety. The City cannot provide legal advice to Respondents regarding the interpretation and understanding of the Sample Professional Services Agreement ( SPSA ). Please note page 5 of the RFP, Section II.B.2.F regarding objections or exceptions to the PSA. 95. Question: Professional Services Agreement, Section 2.7, Ownership of Documents: (a) Does the City regularly and systematically back up its documents? At what intervals? Does this include backing up the deliverables produced by Consultant under the resulting Agreement? (b) What is meant by this statement: Notwithstanding the foregoing, Consultant shall retain all rights to its standard details and specifications and proprietary software, and nothing in this section shall be construed to be a transfer of rights which are not owned by Consultant? What are standard details? (a) This question is not relevant to the RFP process. (b) The City cannot provide legal advice to Respondents regarding the interpretation and understanding of the Sample Professional Services Agreement ( SPSA ). Please note page 5 of the RFP, Section II.B.2.F regarding objections or exceptions to the PSA. 96. Question: Professional Services Agreement, Section 2.9 (b)(v), Audits: Will City reimburse Consultant for undercharges in the event that any such audit reveals undercharges to City? An audit has never revealed an undercharge. The City cannot provide legal advice to Respondents regarding the interpretation and understanding of the Sample Professional Services Agreement ( SPSA ). Please note page 5 of the RFP, Section II.B.2.F regarding objections or exceptions to the PSA. 97. Question: Professional Services Agreement, Section 2.11, LEED: Please explain the relationship of this section regarding environmentally sustainable design in building to the Scope of Services set forth in Exhibit 1. Please disregard, this clause does not apply to this contract. This is a Sample PSA and necessary modifications will be made prior to award/execution. 98. Question: Professional Services Agreement, Section 6.1, Compliance with all Laws Generally: Will City add that it will also comply with all applicable federal, state, county and municipal laws? Is City aware of any federal, state, county or municipal laws that would prohibit the performance of any services requested in Exhibit 1 or alter the means of performance? Please explain in detail. The City cannot provide legal advice to Respondents regarding the interpretation and understanding of the Sample Professional Services Agreement ( SPSA ). Page 16 of 18
Addendum 1 Please note page 5 of the RFP, Section II.B.2.F regarding objections or exceptions to the PSA. Respondent is responsible for complying with all laws and ensuring that it is qualified to perform the Services described in the Bid Document. 99. Question: Professional Services Agreement, Section 4.1, Basis of Payment: When is Consultant paid? Is there an Illinois Prompt Payment Act that defines the time for payments to Contractors? Please cite any relevant payment statutes, including any applicable to the use of any federal funding. See Section 4.2 regarding timing of payment. The City cannot provide legal advice to Respondents regarding the interpretation and understanding of the Sample Professional Services Agreement ( SPSA ). Please note page 5 of the RFP, Section II.B.2.F regarding objections or exceptions to the PSA. Respondent is responsible for complying with all laws and ensuring that it is qualified to perform the Services described in the Bid Document. 100. Question: Professional Services Agreement, Section 8.1 (c); Change in Control: Will City agree that this provision shall not apply to a widely publicly held corporation? Please see information regarding EDS: http://www.cityofchicago.org/city/en/depts/dps/provdrs/comp/svcs/economic_disclo surestatementseds.html The City cannot provide legal advice to Respondents regarding the interpretation and understanding of the Sample Professional Services Agreement ( SPSA ). Please note page 5 of the RFP, Section II.B.2.F regarding objections or exceptions to the PSA. 101. Question: Professional Services Agreement, Section 8.4, Suspension: This Section states that City can suspend services upon informal oral or even no notice. (a) What person is designated by the City to give such informal oral notice? Would this be followed up with written notice, giving the effective date of suspension, in order that no further costs are incurred after that effective date? (b) Explain in practical terms how no notice would work, particularly with regard to the internal consumers of the services in the Department of Aviation who would expect services to be forthcoming. Would Department of Aviation get the notice but not the consultant? What would be the effective date of no notice? That sentence is modified by the phrase in the event of an emergency ; please read paragraphs and sections in their entirety. Selected Consultant will work with CDA employees overseeing the contract to determine this and other procedures. 102. Question: Professional Services Agreement, Section 8.5, last sentence: From what funds will City reimburse Consultant after claims are finally adjudicated in a Court of competent jurisdiction? How does such future adjudicated payment order square with Section 4.4? Page 17 of 18
Addendum 1 Please read paragraphs and sections in their entirety. The City cannot provide legal advice to Respondents regarding the interpretation and understanding of the Sample Professional Services Agreement ( SPSA ). Please note page 5 of the RFP, Section II.B.2.F regarding objections or exceptions to the PSA. Section 4.4 refers to prospective obligations per Illinois State law (65 ILCS 5/8-1-7). 103. Question: Are there any restrictions in this RFP regarding the participation or project leadership by foreign nationals?" No, however they must meet all other federal, state, and local requirements to work in the United States and on this project such as but not limited to work visas, CHRC, etc. as well as Airport badging requirements. Page 18 of 18