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New Orleans Aviation Board RFP For North Terminal Banking and ATM Services City of New Orleans Solicitation #8910-02496 Page 1 of 27 REQUEST FOR PROPOSALS FOR DESIGN, CONSTRUCTION AND OPERATION OF NORTH TERMINAL BANKING AND ATM SERVICES AT THE LOUIS ARMSTRONG NEW ORLEANS INTERNATIONAL AIRPORT BY CITY OF NEW ORLEANS BY AND THROUGH THE NEW ORLEANS AVIATION BOARD City of New Orleans Request for Proposals #8910-02496 PROPOSED SCHEDULE A. RFP Release Date February 01, 2019 B. Pre- Proposal Meeting 1 PM CT Louis Armstrong New Orleans Int’l Airport (Aviation Board Room) February 12, 2019 C. Last Day for Questions February 20, 2019 D. PROPOSAL SUBMISSION DEADLINE 4 PM CDT March 01, 2019 E. Technical Review of Proposals March 7, 2019 F. Evaluation Committee Meeting March 14, 2019 G. Proposer Interviews (if requested) TBD H. Award Notification (Approximate) March 21, 2019 I. Execution of Permit April 24, 2019 J. Concessionaire Design Period May 2019 K. Final Concessionaire Design Approval May 2019 L. North Terminal Opening May 2019 M. ATM and Banking Services begin operations TBD

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Page 1: REQUEST FOR PROPOSALS FOR DESIGN, CONSTRUCTION AND ... · RFP For North Terminal Banking and ATM Services City of New Orleans Solicitation #8910-02496 Page 1 of 27. REQUEST FOR PROPOSALS

New Orleans Aviation Board RFP For North Terminal Banking and ATM Services City of New Orleans Solicitation #8910-02496 Page 1 of 27

REQUEST FOR PROPOSALS FOR

DESIGN, CONSTRUCTION AND OPERATION OF NORTH TERMINAL BANKING AND ATM SERVICES

AT THE LOUIS ARMSTRONG NEW ORLEANS INTERNATIONAL AIRPORT

BY CITY OF NEW ORLEANS

BY AND THROUGH THE NEW ORLEANS AVIATION BOARD City of New Orleans Request for Proposals #8910-02496

PROPOSED SCHEDULE

A. RFP Release Date February 01, 2019

B. Pre- Proposal Meeting 1 PM CT Louis Armstrong New Orleans Int’l Airport (Aviation Board Room) February 12, 2019

C. Last Day for Questions February 20, 2019

D. PROPOSAL SUBMISSION DEADLINE 4 PM CDT March 01, 2019

E. Technical Review of Proposals March 7, 2019

F. Evaluation Committee Meeting March 14, 2019

G. Proposer Interviews (if requested) TBD

H. Award Notification (Approximate) March 21, 2019

I. Execution of Permit April 24, 2019

J. Concessionaire Design Period May 2019

K. Final Concessionaire Design Approval May 2019

L. North Terminal Opening May 2019

M. ATM and Banking Services begin operations TBD

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Proposals should be addressed to:

Department of Finance/Bureau of Purchasing Attention: Chief Procurement Officer New Orleans City Hall 1300 Perdido Street Room 4W07 New Orleans, Louisiana 70112

Delivery of Proposals: Proposals may be submitted via sealed envelope and must be received by the Department of Finance/Bureau of Purchasing Attention: Chief Procurement Officer at the address identified immediately above on or before the Proposal Submission Deadline identified in this RFP, as may be amended by an addendum.

Point Of Contact: All correspondence and other communications regarding this RFP should be directed to [email protected].

[REMAINDER OF PAGE LEFT BLANK INTENTIONALLY]

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TABLE OF CONTENTS

I. INTRODUCTION A. Request for Proposals B. Goals of the Program C. Airport Background

II. DEFINED TERMS

III. RFP PROCESS

A. Pre-Proposal Conference B. Questions, Issues, Discrepancies, and Addenda C. Cone of Silence D. Minimum Qualifications E. Office of Inspector General

IV. BUSINESS TERMS

A. Premises B. Term C. Financial Terms D. Design and Construction Requirements E. Initial Capital Investment and Mid-Term Refurbishment F. ACDBE Requirements G. Utilities H. Advertising Content I. Targeted and Disadvantaged Targeted Worker Program First Source

Recruitment of Work Force

V. PROPOSAL INSTRUCTIONS AND REQUIREMENTS A. Proposal Delivery B. Proposal Deposit C. Proposal Contents

VI. PROPOSAL EVALUATION

A. Evaluation and Selection Process B. Evaluation Criteria

VII. GENERAL TERMS AND CONDITIONS

A. Ownership of Proposals B. Costs of Preparation C. Causes for Disqualification D. Effect E. Conflicting Provisions F. Cancellation and Rejection of Proposals

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G. Proposers Risks and Liabilities H. Disputes I. Public Trust J. Title VI Solicitation Notice K. Fair Labor Standards Act L. Occupational Safety and Health Act of 1970

ATTACHMENTS

Attachment A Scope of Work

Attachment B Draft of Concession Permit

Attachment C Office of Inspector General

Attachment D NOAB S-03B Form

Attachment E Bank and ATM Spaces

Attachment F Design Criteria Manual

Attachment G CMAR Construction Schedule

Attachment H Existing Banking Revenue

Attachment I Enplanements by Airline 2011-2017

Attachment J Enplanement Forecast

Attachment K Payment Proposal Form

Attachment L Pro-Forma and Capital Investment Form

Attachment M Workforce Development

Attachment N Non-Collusion Affidavit

Attachment O Conflict of Interest Disclosure Affidavit

Attachment P Proposer Attestation

Attachment Q Sample Permit & Proposal Affidavit

Attachment R Tax Clearance

Attachment S Proposal Checklist

Exhibit

MSY Shared Tenant Services

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SECTION I - INTRODUCTION A. Request for Proposals

The City of New Orleans (“City”) by and through the New Orleans Aviation Board (“NOAB”) is seeking competitive Proposals from interested and qualified Proposers with demonstrated expertise to design, install, manage, maintain and operate on a non-exclusive basis a general service banking facility and Automated Teller Machine (ATM) program (“Program”) at Louis Armstrong New Orleans International Airport (“Airport”) for the new North Terminal (“Terminal”).

The purpose of this Request for Proposal (“RFP”) is to select an experienced Proposer to provide banking services concession via a main bank branch and an ATM program. The NOAB envisions the successful proposer to offer core services typically found in commercial bank branches in the general marketplace including, but not limited to: deposits, withdrawals, checking accounts, savings accounts, check cashing, bill-breaking, business and personal loans, and other ancillary services that may be desired by customers.

In addition to the services listed above, the NOAB prefers but does not require that currency-exchange services be incorporated into the Program via the main bank branch or through a sub-agreement with a secondary party. The NOAB is open to considering unmanned or automated options to facilitate the currency-exchange services.

This RFP has been developed so that Proposers may follow a step-by-step process from Proposal preparation, to submittal, evaluation, and award. Proposers may not rely on any implied representations or warranties (the existence of which are hereby disclaimed), or the accuracy of projections or prospective information provided in connection with this RFP. Proposers should make independent and expert investigation and evaluation of all information provided in connection with this RFP.

IT IS IMPERATIVE THAT ALL PROPOSERS READ, REVIEW, AND UNDERSTAND THIS RFP AND ALL ATTACHMENTS. ATTENTION SHOULD BE SPECIFICALLY DIRECTED TO THE PERMIT ATTACHED. SPECIFIC TERMS AND CONDITIONS OF THE PERMIT TO BE AWARDED UNDER THIS RFP ARE CONTAINED HEREIN. The NOAB will not be responsible for any loss due to the Proposer’s failure to investigate and evaluate all pertinent information necessary to design, construct, and operate this Program.

All submitted Proposals will be considered the Proposer’s best and final offer, which cannot be modified or supplemented by the Proposer after submission. Once the permit is awarded, the NOAB will work with the Concessionaire to finalize the development plan and proposed fixtures.

The draft Permit attached to this RFP is the Permit that will be used with the successful Proposer to whom the Program is awarded. Proposers may submit modifications and exceptions with their Proposal, however, the NOAB reserves the right to accept or reject any modifications, so long as modifications are not made to the Business Terms proposed under this RFP.

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B. Goals of the Program The City desires to create a technologically advanced and efficient Banking and ATM Program that offers core banking services, as well as a streamlined ATM experience. The Banking and ATM Program must offer services to both members and non-members of the institution. The goals and objectives of the program are described below.

1. Provide users of the airport with core banking and ATM services they are accustomed to receiving at typical commercial street side locations at competitive rates.

2. Provide banking and ATM facilities that offer high levels of service to travelers and the Airport’s business community.

3. Provide reliable, convenient, and affordable banking and ATM services to both members and non-members of the institution.

4. Provide users with a streamlined, technologically advanced ATM experience that is secure and user-friendly.

5. Optimize revenues to the NOAB.

C. Airport Background 1. Terminal Design

The design concept for the North Terminal at Louis Armstrong New Orleans International Airport was developed by iconic architect Cesar Pelli and has advanced into a 972,000 square foot, thirty-five (35) gate, state-of-the-art terminal. The design of the North Terminal embraces the rich natural and cultural history of New Orleans. Not only is the interior of the North Terminal filled with natural light, it contains high volume spaces that are open and spacious. With very few interior walls, one can enjoy an unobstructed view from the rear of the Ticket Lobby to the southernmost curtain wall overlooking the aircraft on the ramp. The Terminal features a central three-story atrium as well as an expansive two story overlook to the concourses above security check-in. Over 90% of the concourse exterior walls are glass.

The interior finishes of the Terminal, while modern, draw their inspiration from a long history of the authentic, lush and rich textures and materials typical of New Orleans interiors. Against a crisp modern background, the Airport contains feature elements that are cleanly articulated and opulent in character.

2. Airlines Serving MSY include:

• Air Canada

• Alaska Airlines/ Virgin America

• Allegiant Air

• American Airlines

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• British Airways

• Condor Airlines

• Copa Airlines

• Delta Airlines

• Frontier Airlines

• Jet Blue

• Southwest

• Silver Airways

• Spirit Airlines

• United Airlines

• Vacation Express

3. Existing Banking, ATM Services, and Currency Exchange Program The existing South Terminal Banking Program is under a non-exclusive agreement with Hancock Holding Company, INC. D.B.A. Whitney Bank, which will expire upon the opening of the new North Terminal scheduled for May 2019. Whitney Bank began offering banking services in 2012, seeking to add a valued passenger amenity and increase revenue. The existing program statistics can be found in Attachment H – Existing Banking Revenue.

The existing (South Terminal) Whitney Bank unit is approximately 819 SF, and is located on the third floor of the Mezzanine/Parabola area in the West Lobby of the Main Terminal. Whitney Bank offers general banking services to members and non-members of the institution including consumer checking accounts, savings, CDs and retirement accounts, consumer and commercial loans, lines of credit, insurance services, ancillary services, etc.

Whitney Bank also manages, maintains and operates eight (8) ATMs throughout the South Terminal including two (2) on Arrivals/Baggage Claim Level, two (2) on Level 2 Pre-Security, one (1) on Level 3 Mezzanine/Parabola area (adjacent to the bank location), and three (3) in the Post-Security concourses.

Travelex Currency Services, Inc. currently manages and operates (1) Currency Exchange Kiosk Pre-Security near the security checkpoint of concourse D, (2) ATMs on Level 2 Pre-Security and (1) ATM in the Consolidated Rental Car Facility. The top seven (7) currencies exchanged at the Airport are: EUR, GBP, MXN, CAD, JPY, CNY, and AUD.

SECTION II– DEFINED TERMS A. Airport shall mean the Louis Armstrong New Orleans International Airport.

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B. Airport Director shall mean the Airport’s Director of Aviation or his designee for purposes of this RFP.

C. Board and/or NOAB shall mean the New Orleans Aviation Board.

D. City shall mean the City of New Orleans.

E. City Council shall mean the Council of the City of New Orleans.

F. Concession Permit or (“Permit” or “Agreement”) refers to the Concession Permit attached hereto as Attachment B and means a conveyance of personal rights (not a lease or other real property right) under the Airport’s police powers to ensure minimum standards for use of property or permission to engage in an activity on the Airport’s premises.

G. Concession Rent shall refer to the amount the Concessionaire pays to Board for the right to operate the Banking and ATM program.

H. Concessionaire Improvements shall mean fixtures, equipment and property for the purposes of the Banking and ATM program, including but not limited to ATMs, kiosks, furniture, cables, display monitors, brackets, conduits, ducts, and mounts installed and maintained at the Airport.

I. Date of Beneficial Occupancy means the first day on which Concessionaire’s Improvements are substantially complete as certified by the Director of Aviation engineer of the construction project for the opening of the North Terminal which shall be no later than five (5) months after the notice to proceed has been issued by the Board.

J. Director means the Director of Aviation of the Airport. The Director has the right to make changes to the operation of the Airport, including changes to the Banking & ATM program, from time to time. All determinations regarding conflicts of interest will be made at the sole discretion of the Director, whose decision is final.

K. Evaluation Committee shall mean that committee referenced in Section VI – Proposal Evaluation of this RFP and which shall be tasked with the review and scoring of the Proposals.

L. Gross Receipts shall mean all monies paid or payable to Concessionaire for sales made or services rendered at or from the Airport, regardless of when, where, or whether the business transaction occurs on or off of the Airport property as well as any other revenues of any type arising out of or in connection with Concessionaire’s operations at the Airport under this Agreement, provided, however, that any taxes imposed by law which are separately stated to and paid by customer and directly payable to the taxing authority by Concessionaires shall be excluded.

M. Minimum Annual Guarantee (MAG) shall mean the Concessionaire’s minimum annual rental obligation.

N. Program shall refer to the Banking and ATM concessions and the general scope of the Concessionaire including but not limited to its fixtures and equipment, sales team, and general manager.

O. Proposal(s) shall mean any Proposal(s) submitted in response to this RFP.

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P. Proposal Deposit shall mean the amount of 1/12 of the Proposer’s proposed first year’s MAG in the form of a certified check, a cashier’s check, or a proposal bond in such form and substance acceptable to NOAB, made payable to the New Orleans Aviation Board.

Q. Proposer(s) shall mean any entity that submits a Proposal in response to this RFP.

R. RFP shall mean this Request for Proposals

S. Successful Proposer shall mean the Proposer that is awarded the Permit by the NOAB and approved by City Council.

T. Term shall mean eight (8) year term with two (2) - one (1) year options to be exercised at the sole discretion of the City through the NOAB.

SECTION III – RFP PROCESS A. Pre-Proposal Conference

An OPTIONAL pre-proposal meeting will be held on February 12, 2019 at 1:00 p.m. in the Aviation Board Room on the mezzanine level of the Louis Armstrong New Orleans International Airport. Although the pre-proposal conference is not mandatory, interested Proposers are strongly suggested to attend and should send a qualified representative who is able to represent its company’s best interests at the pre-proposal conference.

A tour of the new North Terminal facility will be included as part of the pre-proposal conference. Each Proposer/firm will be limited to three (3) attendees on the site tour. Proposers must submit full names of all attendees to [email protected] by 4:00 p.m. CDT on 02/07/2019. On the date of the pre-proposal conference all attendees for the site tour must, at their own sole cost and expense, provide for, and be equipped with, construction grade boots, long pants, long sleeved shirts, and valid government issued identification to gain admittance to the site tour. Attendees that do not abide by the dress code detailed above will not be able to attend the tour.

The NOAB will issue an addendum to the RFP with the sign-in sheets, listing the names of attendees, their representative firms and contact information; and a copy of the pre-proposal meeting presentation.

B. Questions, Issues, Discrepancies and Addenda All questions regarding this RFP should be submitted in writing to [email protected]. Any questions not provided in writing will not be answered. Any verbal responses received to questions are not official until provided in writing. All questions will be responded to in a written addendum. The last day to submit questions is 4:00 p.m. Central Daylight Time on February 20, 2019. Any questions received after that time will not be considered. Copies of the RFP, any/all addenda, answers to questions, and related information are available on the City’s website: www.purchasing.nola.gov.

1. Any change to the RFP or related documents will be made by a written addendum and available on the City’s website: www.purchasing.nola.gov.

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2. If discrepancies or omissions are found by any prospective Proposer or there is doubt as to the true meaning of any part of this RFP, including any of its attachments, a request for clarification or interpretation must be submitted in writing to [email protected].

3. Any questions, issues, or disagreement regarding the terms, requirements, or form of this RFP must be raised in advance of submittal of Proposals and must be submitted in writing to [email protected]. Any issues not raised in advance of the submittal date shall not be a basis to thereafter challenge this RFP or the award of any Permit resulting from this RFP.

4. The City, through the NOAB, will issue a response to any inquiry if deemed necessary, by written addendum to the RFP, posted on the City’s website, and issued prior to the Proposal due date and time. The Proposer shall not rely on any representation, statement, or explanation other than those made in this RFP document or in any addenda issued. Neither the City, nor the NOAB, are responsible for any explanation, clarification, interpretation, or approval made or given in any manner except by addendum.

5. Where there appears to be a conflict between this RFP and any addendum issued, the last addendum issued will prevail.

C. Cone of Silence From the date the RFP is issued through the time the contract is approved by NOAB, Proposers shall not contact any members of the City or Airport staff, City Officials, Board Members, Elected Officials or their advisors or consultants, including but not limited to the members of the North Terminal teams, including program management, design, and construction manager at risk, in any way related to this RFP and RFP process other than to submit protests in accordance with City of New Orleans CAO Policy No. 130. This prohibition does not apply to questions sent in writing to Airport Procurement at [email protected] as described herein. Proposers who violate this Cone of Silence may be deemed non-responsive and their Proposal may be rejected for cause.

D. Minimum Qualifications

1. General Qualifications a) Must be licensed by, and in good standing with, applicable banking and

financial regulatory authorities.

b) Must be a member of, and have its deposits insured by, the Federal Deposit Insurance Corporation or the National Credit Union Association, as applicable.

c) Proposer must provide evidence of its ability to finance and undertake the monetary commitments required to successfully develop, construct, and operate the proposed concession. In general, this means that the Proposer must have a net worth greater than the proposed investment, or

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demonstrated access to credit or other funds sufficient to undertake the proposed investment, execute the program and satisfy the contract requirements. Proposers shall identify the amount of working capital required as well as the source of such working capital.

d) Proposer shall have a national or regional affiliation with a recognized banking institution.

2. Banking & ATM Qualifications a) Must have a minimum of five (5) consecutive years of experience within

the past seven (7) years in the ownership, management and operation of bank branch facilities and ATMs in airports, malls, supermarkets or other comparable locations.

b) Must be able to provide ATM equipment that meets or exceeds the specifications to deliver the services identified in Section I, Part C (North Terminal Banking and ATM Program).

E. Office of Inspector General (“OIG”) The New Orleans Office of the Inspector General (OIG) reviews all solicitations issued and Proposals received by the Airport. The OIG will be actively monitoring all aspects of this solicitation process. There is no cone of silence for the OIG and Proposers are encouraged to report any concerns to the OIG. Additional information about the OIG can be found in Attachment C – Office of Inspector General.

SECTION IV – BUSINESS TERMS A. Premises

The Premises, as shown in Attachment E - Bank and ATM Spaces, consists of one (1) approximately 736 square foot core services bank branch location on Level 1 (Arrivals/Baggage Claim) of the terminal and eleven (11) ATMs located in various areas throughout the terminal. Space 2820, also listed in Attachment E - Bank and ATM Spaces, is an optional location to be used for an unmanned/automated or manned currency exchange services kiosk.

B. Term

Upon selection, the Successful Proposers will be required to enter into a Concession Permit in substantial conformity to the Concession Permit included as Attachment B –Concession Permit, containing terms relating to reporting, auditing, bonding, insurance, ACDBE participation, compliance with laws and regulations and policies, termination, and other provisions. In the event that a Concession Permit is not executed by Proposer within fifteen (15) business days of the final agreement being transmitted to Proposer for

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execution, the City through the NOAB may, at its option, cancel the solicitation or enter into a Concession Permit with the next highest scored Proposer, with no liability to the initially-selected Proposer or to any other Proposer.

Subject to provisions for termination, the term of the Concession Permit will be eight years with two (2) – one (1) year options to be exercised at the sole discretion of the City through the NOAB. Upon the termination of the Permit, whether by expiration of the term or by termination of default, or otherwise, ownership of all Concessionaire Improvements, Trade Fixtures, and personal property of the successful Proposer will be dispensed according to the terms of the executed Concession Permit.

C. Financial Terms The selected Proposer(s) annual rental obligation shall be the Minimum Annual Guarantee or the percentage of rent proposed, whichever is greater as described below.

1. Minimum Annual Guarantee The Minimum Annual Guarantee (“MAG”) means the successful Proposer’s annual minimum rental obligation. Prior to the Date of Beneficial Occupancy (“DBO”), there will be no rents or fees due to the Board. If Concessionaire is unable to open any unit by the DBO, a Delayed DBO Fee shall be due to Board in the amount of one and a half times (1.5x) the MAG and projected Concession rent for said unit(s), prorated over that given period of time. Upon the DBO, the Concessionaire will be required to pay the Board the MAG and Concession Rent in accordance with the Permit.

The City and its Construction Manager at Risk (CMAR) are not responsible for any direct or indirect damages that the Concessionaire may experience as a result of a delay in the DBO, including but not limited to increased overhead expenses, lost profits, or other damages associated with a delayed DBO. The City strongly encourages Concessionaires to procure the appropriate insurances to mitigate such risk.

Concessionaire shall provide to the Board and maintain during the Term of this Permit(s) a security deposit in the form of an irrevocable letter of credit or cash in the amount of the proposed Minimum Annual Guarantee. Board shall hold this security deposit during the term of this Permit(s) as security for the timely performance of Concessionaire’s obligations under this Permit(s). The Board may request Concessionaire to increase the amount of the security deposit at any time in the event that the Minimum Annual Guarantee increases.

The MAG for the first year of the Concession Permit shall be based on the amount bid by the successful Proposer. For each subsequent Permit Year, the MAG shall be equal to eighty-five percent (85%) of the preceding years total rent paid, but at no point will it be less than the first year MAG.

2. Percentage Rent

The successful Proposer will pay a percentage of the monthly gross receipts collected for

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core banking and business services and ATM surcharge or transaction fees collected, as bid by the successful Proposer.

Proposers are required to propose percentage fees payable to the NOAB per the following categories:

1) ATM surcharge and/or transaction fees

2) Gross Receipts – Bank Branch Core & Ancillary Services

Proposers may also propose a different rent structure, such as but not limited to, a per transaction fee to the Airport.

D. Design & Construction Requirements Each unit shall be designed in accordance with Attachment F - Design Criteria Manual and constructed according to any Construction Standards and Procedures that may be established by the NOAB.

The successful Proposer shall be responsible for the design, construction, and installation of each ATM, all fixtures and any supporting work required to implement the proposed Program. The successful Proposer shall be responsible for running electrical and data in locations where not already provided. Attachment E – Bank & ATM Spaces identifies where electrical and data cables will be provided.

E. Initial Capital Investment and Mid-Term Refurbishment The Initial Capital Investment is the amount bid by the successful Proposer for the Bank Branch and ATM locations available as stated in Attachment E. At or about the mid-point of the Term, but no later than the third year of the initial Term, the successful Proposer and NOAB will evaluate the condition of the Premises and mutually agree on the need for mid-term refurbishment, and the extent of the refurbishment investment. All mid-term reinvestments are subject to approval by the NOAB.

The successful Proposer will be required to document its capital investment costs and submit the final documentation to the City. In order to ensure the committed investment is made, the selected Proposer will be required to pay the City any difference between the amount specified in the Proposal and the actual costs of the capital investment.

F. ACDBE Requirements The NOAB has not set an ACDBE participation goal for this permit but continues to encourage the use of ACDBE firms. The NOAB desires to achieve, to the greatest extent possible, quality participation by certified ACDBE firms. Although there is no ACDBE participation requirement for this solicitation, respondents are challenged to present a creative and responsive plan that provides for participation that is commercially meaningful and useful. The ACDBE participation goal is re-evaluated at the time when any options to renew the term of the permit are exercised.

G. Utilities 1. General Services Banking Location- The selected Proposer shall be responsible

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for the cost of utilities consumed with respect to the Bank Branch Location. The bank location shall be separately metered for electricity. All other utilities required to install, maintain and operate the bank location shall come at the sole expense of the selected Proposer and may require separate metering.

2. ATMs - Electricity will be provided in locations designated for ATMs as noted in Attachment E. All other utilities required to install, maintain and operate the ATM Locations shall come at the sole expense of the selected Proposer.

3. General Terms - Any cost associated with the connection to base-building utilities shall come at the sole expense of the selected Proposer. Should a shared service program be implemented by the Board, the selected Proposer will be required to participate for all spaces.

H. Advertising Content Premises and Fixtures shall not be used to display any advertising media other than the selected Proposer and their products or services.

I. Targeted and Disadvantaged Targeted Worker Program First Source Recruitment of Work Force

The selected Proposer and its subcontractors agree to demonstrate good faith efforts to fully carry out the requirements of the Targeted and Disadvantaged Targeted Worker Program (“Program”) as defined herein. If the Proposer fails to comply with the requirements of the Program during the term of the Agreement, said failure may result in termination of the Agreement or pursuit of other remedies. The Proposer, its sub-contractors and sub-Concessionaires shall ensure that the hiring goals and apprentice participation goals outlined below are met. These goals will be evaluated annually and may be modified to reflect the availability of Targeted and Disadvantaged Targeted Workers. Installation:

1. 30% of all project craft hours performed by Louisiana workers shall be performed by Targeted Workers.

2. 10% of project craft hours performed by Targeted Workers shall be performed by Disadvantaged Targeted Workers.

3. Where applicable utilize Apprenticeship Programs to employ the maximum number of apprentices allowed by law to ensure that at least 10% of all work hours performed by Louisiana apprentices are performed by Disadvantaged Targeted Workers.

Management:

1. 50% of permanent employees to be Targeted Workers.

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2. 30% of permanent employees to be Disadvantaged Targeted Workers

The selected Proposer and sub-Concessionaires shall utilize the City’s government office, The Office of Workforce Development (“OWD”), as its first source for recruitment, referral, and placement of all new hires for employment opportunities relating to the Program. The Proposer shall notify OWD of its specific need for new employees at least five (5) business days before advertising the employment opportunity to the general public. Specific needs shall include, at a minimum, the number of employees needed by job title, qualifications, hiring date, rate of pay, hours of work, duration of employment, and a brief description of the work to be performed. OWD will screen applicants and provide a list of qualified candidates according to the specific needs set forth by the Proposer or sub-Concessionaires. The Proposer or sub-Concessionaires shall assess qualified candidates and notify OWD of those referred first source candidates solicited who are deemed unqualified and the reason(s) why they failed to qualify for employment. This First Source program does not limit the Proposers or its sub-Concessionaires’ ability to assess qualifications of prospective candidates for employment. Nor does this provision make final hiring and retention decisions. Rather, all hiring decisions are left to the Proposer or sub-Concessionaires and this First Source program is simply a tool to be used as the first source for recruitment, referral and placement of new hires. By submitting a proposal, a Proposer acknowledges that it shall use OWD as its first source for recruitment, referral, and placement of all new hires for employment opportunities created by the Banking and ATM Program. The Proposer will include the requirements of this provision in all joint-venture agreements, leases, subleases, and subcontracts regarding the Banking and ATM Program.

SECTION V- PROPOSAL INSTRUCTIONS AND REQUIREMENTS A. Proposal Delivery

1. Proposals submitted via sealed envelope must:

a. Either be hand-delivered by the Proposer or their agent (in which instance the deliverer will receive a written receipt) or sent by registered or certified U.S. mail with a return receipt requested.

b. Include the following contents:

(i) Two (2) bound and tabbed copies of the Proposal;

(ii) Additionally, submit two (2) digitally signed copies of the Proposal on a CD, DVD or flash drive in searchable PDF format;

(iii) Two (2) copies of the Payment Proposals in separately sealed and clearly marked envelopes;

(iv) Proposal Deposit; and

(v) Proposers should ensure to clearly notate on the outside of all submissions (whether submitted via regular mail or

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via express delivery; on the envelope and the digital submission) the name of the proposer and the number and the title of the RFP. This information is critical to the Bureau of Purchasing to identify proposals.

Proposals should be addressed to:

Department of Finance/Bureau of Purchasing Attention: Chief Procurement Officer New Orleans City Hall 1300 Perdido Street Room 4W07 New Orleans, Louisiana 70112

Proposals must be received not later than March 01, 2019 at 4:00 PM CDT.

B. Proposal Deposit Proposers submitting a proposal shall provide Proposal Deposits in the amount of 1/12 of the Proposer’s proposed first year MAG.

If the Proposal is submitted via sealed envelope, the Proposal Deposit must be in the form of a certified check, a cashier’s check, or a Proposal Bond in such form and substance acceptable to NOAB. Checks should be made payable to the New Orleans Aviation Board.

If the successful Proposer fails or refuses to execute the negotiated Permit, the sum of the Proposal Deposit will be retained by the NOAB, not as a penalty, but as liquidated damages. The damages resulting from failure to enter into an executed Permit are difficult to ascertain, and the entire sum of the Proposal Deposit is a reasonable estimate of these damages.

No interest will be paid to Proposers on this Proposal Deposit.

If a Proposer is notified that it has been unsuccessful or disqualified, the deposit will be returned. If a Proposer is successful, the Proposal Deposit will be returned upon execution of the Permit and a Construction Bond and Performance Payment Bond will be required.

C. Proposal Contents The following components are to be considered as contents for a complete Proposal. The Evaluation Committee will evaluate and compare only those Proposals that substantially conform to the terms and conditions of the RFP. The Evaluation Committee and NOAB expressly reserve the right to reject any and all Proposals and to waive administrative or technical informalities. Proposals will remain valid for 180 calendar days after the deadline for submission of Proposals and may be extended beyond that time by mutual Permit. Proposals should be:

• Printed on 8 ½” x 11” paper

o Renderings may be printed on 11” x 17” paper

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• Sequentially numbered

• Tabbed

• Spiral or Three-Ring Bound

• In the event of short-list interviews, Proposers may provide material boards no larger than 20” x 30” in size

1. Tab 1 - Letter of Interest Proposer should provide a signed cover letter of interest which includes Proposer’s name, address, and primary contact for the Proposal and indicates Proposer’s request for consideration. The letter of interest should clearly demonstrate Proposer’s interest in performing development, construction, and operating services for a North Terminal Banking and ATM Services Program at the Louis Armstrong New Orleans International Airport. The letter should also identify the composition of the Proposer’s team, including joint venture partners and sub-Concessionaires, if any. Proposer should state the ownership interests of each joint venture partner, if any. The letter of interest should be signed by Proposer’s authorized representative.

Acknowledge and include the following statements in the Letter of Interest:

“By responding to this RFP, Applicant agrees to the City’s Required Contract Provisions as provided in Attachment B – Concession Permit and therefore waives any future right to contest the required provisions.”

2. Tab 2 - Qualifications, Capabilities, and Experience Provide a detailed company history, highlighting Proposer and Proposer’s partners operating experience.

A. For Proposer, provide evidence that it meets the minimum qualifications specified in Section III. Provide a listing of all facilities for up to three (3) of the largest airport or non-airport locations in which the Proposer operates the Banking & ATM Program(s). The information should include a listing of locations, name of facility, number of enplanements or foot traffic, type of operation, annual gross revenues for the past five (5) years, annual rent for the past five (5) years, contract dates, and complete details of the rent structure including percentage rents.

B. For Proposer’s joint venture partners, provide information on their operating experience. Provide a listing of no more than three (3) facilities they have or continue to operate. The experience should be within the last seven (7) years. The information should include a listing of the locations, name of facility, number of enplanements or foot traffic, type of operation, annual gross revenues for the past three (3) years, annual rent for the past three (3) years, contract dates, and complete details of the rent structure including percentage rents.

C. Resumes for key personnel, including the Proposer’s executive managerial

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positions listed on the Organizational Chart submitted, must be provided. Provide a list of all other positions within Proposer’s organization at the Airport and the duties of each position. By submitting a Proposal in response to this RFP, Proposer acknowledges and agrees that it is committing to use the individuals identified in Key Personnel for this RFP. In the event there is a need to replace key personnel after Proposer submits its proposal or during the term of this Agreement, changes may only be made with the prior written consent of the Director.

D. Proposers should include a list of at least three (3) letters of reference (on letterhead) from the Proposer’s landlord or property owner including contact name, address, phone number, and email address.

3. Tab 3 – Design and Quality of Improvements The NOAB seeks designs that are of high quality from a visual and materials standpoint, contemporary, state of the art, and aesthetically and architecturally complementary to the proposed new North Terminal design as shown in Attachment F– Design Criteria Manual. The Proposer is encouraged to create a location that; (a) Complements the building design; and (b) provides high quality, durable commercial fixtures. The NOAB is requesting Proposers to submit the following:

A. Utilizing Attachment E– Bank and ATM Spaces, Proposers must submit a proposed design of Program locations. The plan should demonstrate the proposer’s capability to meet and exceed the NOAB’s goals and objectives for the Program as previously stated, and distinguish itself from other Proposers. This section shall demonstrate, but not be limited to:

i. Creativity of Design: Photos, renderings or drawings (not to exceed 11”x17”) of the proposed space and types of Fixtures to be installed. Proposers shall include floor plans, product storage plans, circulation, graphic signage and demonstrate overall optimal use of space.

ii. Descriptions of equipment, including type, style, dimensions, weight, technology, specifications and utility requirements.

iii. Quality of Materials: Descriptions of proposed materials and finishes to facilitate the evaluation of the quality and design of the spaces, and to convey how the design integrates with the contemporary style of the new Terminal.

iv. Description of any unique attributes of the proposed program or proposed fixtures.

v. Describe any sustainability attributes of the Fixtures proposed.

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B. Utilizing Attachment E, Proposers must submit an inventory plan for all proposed locations. The inventory plan must be of sufficient detail to convey the Proposer’s understanding of the capital investment required to meet and exceed the NOAB’s goals and objectives for the program as previously stated. The proposed inventory plan will be finalized upon award of the Contract.

C. Propose a milestone design and construction schedule which identifies expected internal and external review periods for authorities having jurisdiction over the process including, but not limited to the NOAB and City of Kenner. Describe major construction elements, processes, and sequencing illustrating an understanding of the constrained site, the Construction Manager at Risk’s (CMAR) North Terminal schedule as found in Attachment G, and the scheduled opening date of the North Terminal.

4. Tab 4 –Management and Operations Plan Proposers should provide an overview of the operations of the General Services Banking and ATM programs. Describe how the management plan will ensure that the NOAB’s goals for the program as listed herein are met:

A. Provide an organizational structure chart for this operation and its relationship to the corporate structure. Identify, where appropriate, the relationship between an ACDBE participant and the organizational structure. In narrative format, list the responsibilities and decision-making ability of the various levels of personnel.

B. Proposers shall describe:

a. The hours of operation

b. Services offered and applicable fees.

C. Describe how Proposer intends to maintain, clean, and repair the ATM units and fixtures. Discuss procedures for daily inspection and routine maintenance operations procedures, facility maintenance plans including the servicing and/or replacement of equipment.

D. Provide information on quality monitoring programs that the Proposer has implemented including sample evaluation forms from quality audits, performance standard evaluations or other similar programs.

E. Describe how Proposer intends to promote the Banking and ATM services offered in order to optimize sales and revenue generation.

F. Describe inventory/delivery logistics including replenishment of ATMs, employee training programs, employee retention and incentive programs, and customer service programs and policies.

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5. Tab 5 – Pro Forma Operating Statement and Capital Investment The Proposer must utilize Attachment L – Pro Forma and Capital Investment Form to provide a Pro Forma Operating Statement. Proposers are required to submit a detailed - year by year and in total for the term - pro forma income statement reflecting the revenue and expenses related to the Banking and ATM Program. Proposers are to enter revenue figures for lines items in which they propose to render services for.

The Proposer should also insert the proposed initial capital investment and the source of funds to be made for all fixtures (including the costs for design, purchase, installation and connection) for all spaces offered via Attachment E - Bank and ATM Spaces on the aforementioned inventory plan submission. Identify the source of funds necessary for the purchase and design of the fixtures, installation of the units and start-up of the program.

6. Tab 6 - Financial Information

A. Financial Statements. Proposers must clearly demonstrate the financial capability to undertake this contract. Proposer, or the majority partner of the Proposer, if the Proposer is a newly formed entity, should provide the latest two full years of financial statements, including a balance sheet, income statement, and statement of cash flow prepared in accordance with generally accepted accounting principles and audited by an independent Certified Public Accountant. If the requested financial statements are not audited by an independent Certified Public Accountant, then a notarized statement, certifying the accuracy of the financial information, signed by the Chief Financial Officer (CFO) of the Proposer or the majority partners of the Proposer, if the Proposer is a newly formed entity, may be substituted for audited statements.

B. Financing Commitment Letters. Proposer should also provide a Letter of Intent from a financial institution committing sufficient lending authority to the Proposer to develop the Program as outlined herein in the event that a Permit is executed with the City if the required Capital Investment will not be self-funded.

C. Performance and Payment Bonds. The NOAB will require the selected Proposer to provide a Performance and Payment Bond payable to the New Orleans Aviation Board upon execution of the Concession Permit. To ensure that the successful Proposer will be able to furnish the required Performance and Payment Bond at the time of executing the lease, Proposers shall provide with its proposal under this Tab a letter from a surety company indicating that the Proposer has been approved for a Performance and Payment Bond in the amount of the Minimum Annual Guarantee (if applicable).

7. Tab 7 - Other Information

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Attach or provide any other information Proposer believes is pertinent to its Proposal, such as other information pertinent to the selection criteria set forth herein and information demonstrating that Proposer will be able to provide the required services as described herein.

8. Tab 8 – Required Forms/Affidavits Completed and notarized Non-Collusion Affidavit;

Completed and notarized Conflict of Interest Disclosure Affidavit;

Completed Proposer Attestation; and

Completed and notarized Sample Permit & Proposal Affidavit.

9. Payment Proposal Payment Proposal shall be submitted in a separate sealed envelope. Proposers should state their proposals for payments to NOAB on Attachment K – Payment Proposal Form.

SECTION VI- PROPOSAL EVALUATION A. Evaluation and Selection Process

An Evaluation Committee will evaluate Proposals in accordance with this RFP to select the Proposals that have achieved the highest scores for each package using the Evaluation Criteria found herein.

The City/NOAB will make every effort to administer the RFP process in accordance with the terms and dates discussed in this solicitation. However, the City/NOAB reserves the right to modify the process and dates as deemed necessary at its sole discretion.

The City/NOAB will be seeking the Proposal which yields the greatest benefit to the public in the level of service, innovative design and implementation of Fixtures and Equipment, and a healthy financial return to the Airport. The successful Proposer, will enter into a written agreement in substantial conformity to Attachment B – Concession Permit. The Permit contains the standard City provisions and other provisions as NOAB deems appropriate.

During the review of the Proposals, the City/NOAB may:

• Conduct reference checks, and rely on or consider any relevant information from such cited references or from any other sources in the evaluation of Proposals;

• Seek clarification of a Proposal or additional information from any or all Proposers and consider same in the evaluation of Proposals;

• Waive any requests or requirements if such waiver is in the best interest of the City/NOAB;

• Request interviews/presentations with any, some, or all Proposers to clarify any questions or considerations based on the information included in Proposals;

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• Consider any supplementary information from interviews/presentations or other sources in the evaluation; and

• All information presented in the Proposal may be verified and substantiated during the course of the evaluation process. Proposers may be asked to clarify and/or provide additional information during the Proposal review process. These requests will require prompt action by Proposers.

1. Evaluation City/NOAB will appoint an Evaluation Committee to evaluate all responsive Proposals and recommend the successful Proposer to be awarded the Permit resulting from this RFP. The Evaluation Committee may interview all Proposers or create a short-list of Proposers to interview. A short-list of Proposals, when used, is a list of Proposals identified by the Evaluation Committee, based on the Evaluation Criteria in this RFP, as those that have a substantial chance of resulting in an award in comparison to all other responsive Proposals submitted.

The Evaluation Committee will score the Proposals based on the Evaluation Criteria. The individual Evaluation Committee scores will be tallied resulting in an overall score for each Proposer.

2. Interviews and Field Evaluations (if requested) If the NOAB or Evaluation Committee deems it necessary, it may select some or all Proposals as finalists and conduct interviews. Interviews will not have specific scoring criteria but may be used by the Evaluation Committee in the final scoring of the stated Evaluation Criteria. The Evaluation Committee may also conduct unscheduled visits to existing concession locations currently being operated or managed by the Proposer and/or its joint venture and sub Concessionaire partners. The Evaluation Committee has sole determination of which Proposers and which concession locations will receive field visits, if any.

3. Recommendation by Evaluation Committee Proposals will be scored by the Evaluation Committee using the Evaluation Criteria. Based on the evaluation criteria and the weighted points assigned to each criterion, the Evaluation Committee will recommend award to the Board based on the total score of the Evaluation Committee.

4. Approval by Board The Evaluation Committee will make its recommendation to the Board. The Board may take into consideration the recommendations of the Evaluation Committee and may make its decision to award, reject, or table the decision to award the Concession Permit(s).

5. Presentation to the Board Prior to taking any action, the Board has the discretion to require any Proposer to provide additional information to the Board, make a presentation to the Board, and/or appear before the Board to answer questions.

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6. Award of Permit

Once the Board has approved awarding the Permit(s), the NOAB will provide a Concession Permit(s) to be executed by the successful Proposer(s). There will be no modifications or adjustments made to the Permit. If the Proposer fails to execute the attached Concession Permit(s) by the deadline set by the NOAB, the NOAB may select and award to another Proposer.

B. Evaluation Criteria The City/NOAB will apply the following Evaluation Criteria and weights to evaluate the Proposals received. The Evaluation Criteria will assist the Evaluation Committee in determining which Proposal(s) are the most responsive to the needs of the Airport’s customers and best achieve the overall goals and objectives of the Banking and ATM Services Program.

25% Design and Quality of Improvements – Proposal will be judged on: (1) its aesthetic and functional compatibility with the North Terminal design, as described within the RFP through the goals and objectives of the program and how the proposed plan meets the required Concessionaire design criteria; (2) Proposed equipment, displays and fixtures; (3) level of Proposer’s investment committed and; (4) the ability of the Proposer to demonstrate the capability of meeting the deadline of opening of the North Terminal.

30% Management and Operations Plan – Proposals will be evaluated based on the management and operations plan to install, maintain, and service ATM locations and fixtures, as well as the services provided at the core service banking location. The Proposer’s quality assurance plans and customer service initiatives will be evaluated, as well as how the Banking and/or ATMs services and facilities will be marketed to optimize sales. Proposals will also be reviewed based on the Proposer’s demonstrated ability to quickly meet the needs of the Airport.

25% Qualifications, Capabilities, and Experience – Proposal will be evaluated on its demonstration of successful current and past performance in providing comparable Banking and ATM Program services, particularly at other airports and public facilities.

20% Financial Proposal – Proposal will be evaluated on the MAG rent proposed, and the proposed percent of gross receipts payable to NOAB as applied to the pro forma of gross receipts and net income. The pro forma will be evaluated by the Evaluation Committee in terms of reasonableness, demonstrated understanding of the proposed Program, viability of the proposed operation and financial offer, and ability to fund continuing operations from cash flow generated by the business.

SECTION VII - GENERAL TERMS AND CONDITIONS

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A. Ownership of Proposals The provisions of the Louisiana Public Records Act (La. R.S. 44:1 et seq.) govern this solicitation. All Proposals, proceedings, records, contracts, and other public documents relating to this solicitation shall be open to public inspection. Proposers are reminded that while trade secrets and other proprietary information submitted in conjunction with this solicitation may not be subject to public disclosure, protections should be claimed by the Proposer at the time of the submission. All submissions and all documentation submitted therewith are City/NOAB property for all purposes. Proposers must clearly mark documents or information claimed to be exempt from public records disclosure and specifically justify the exemption. Information deemed proprietary and/or confidential that is included in the Proposal should be printed on pink paper. The City/NOAB will not credit any blanket exemption claims lacking specific justification. The City/NOAB does not guarantee the confidentiality of submissions, and final determinations as to which information, if any, is exempt from disclosure rests with City/NOAB.

B. Costs of Preparation All costs associated with preparing and delivering a Proposal in response to this RFP and costs associated with presentations that are part of this RFP will be borne entirely by the Proposer. NOAB will not compensate Proposers for any expenses incurred as a result of this RFP process.

C. Causes for Disqualification Although not intended to be an exhaustive list of causes for disqualification, any one or more of the following, among others, may be considered sufficient for the disqualification of a Proposer and the rejection of the Proposal:

1. Evidence of collusion among Proposers.

2. Incomplete submittal of “Proposal Contents” as outlined herein.

3. Lack of business skills or financial resources necessary to operate the Banking & ATM Services program successfully, as revealed by either financial statements or experience statement.

4. Proposer is in arrears or in default to City on any debt or agreement or is a defaulter, as surety or otherwise, upon any obligation to City, or has failed to faithfully perform any previous agreement with City, in City’s sole determination.

5. Evidence of prohibited lobbying efforts towards members of the Evaluation Committee, any members of City or Airport staff, City Officials, Board Members, Elected Officials or their advisors or consultants, including but not limited to members of the North Terminal team including program management, design, and construction manager at risk.

6. Proposer does not meet the Minimum Qualifications.

7. Submission of more than one Proposal by any individual, firm, partnership or corporation under the same or different names.

8. Other causes as City/NOAB deems appropriate in its sole and absolute discretion.

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D. Effect This RFP and any related discussions or evaluations by anyone create no rights or obligations whatsoever. The City/NOAB may cancel or modify this RFP at any time at will, with or without notice. Anything to the contrary notwithstanding, the Permit executed by the City/NOAB and the selected Proposer, if any, is the exclusive statement of rights and obligations resulting from this solicitation.

E. Conflicting Provisions In the event of any conflict between this Request for Proposals and Permit hereto, the provisions of the Request for Proposals shall prevail unless otherwise instructed.

F. Cancellation and Rejection of Proposals The City/NOAB reserves the right to cancel this RFP, accept or reject any/all Proposals, waive requests or requirements as deemed in the best interest of City/NOAB, and re-advertise for any reason deemed in the best interest of the City/NOAB.

Proposals that (i) contain incomplete required contents, (ii) do not follow the required format, or (iii) fail to include required contents, may be rejected without further evaluation.

G. Proposers Risks and Liabilities Proposers assume all risk and liability associated with a delay or nonoccurrence of any of the events identified in the above RFP Schedule. Proposers are encouraged to mitigate the risk of damages associated with delays in the construction of the North Terminal and its related facilities and/or the hotel concession. The City/NOAB is not responsible for any direct and/or indirect and/or consequential damages resulting from the delay, occurrence or non-occurrence of any event identified in the RFP Schedule. Proposers should take such steps as it deems appropriate to cover any loss or impacts due to schedule or delay.

H. Disputes By submitting a Proposal to this RFP, Proposer agrees that the law of the State of Louisiana and City of New Orleans shall govern this RFP or subsequent Permit.

1. Any disputes arising from or relating to this RFP or subsequent Permit must be resolved according to the law of the State of Louisiana and City of New Orleans; and

2. The exclusive venue for any lawsuits or disputes arising from or relating to this RFP or subsequent Permit shall be in the Civil District Court for the Parish of Orleans.

I. Public Trust Each Proposer, joint venture partner, subcontractor, and any other tier subcontractor, and their officers, directors and employees, hereinafter referred to as the “Interested Contract Persons,” acknowledge that the NOAB and the City of New Orleans are government

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entities serving the public and charged with public trust. As such, the payments under any Permit will be public funds, and certain types of actions including without limitation criminal activities and offenses involving moral turpitude by Interested Contract Persons may violate the public’s trust. Accordingly, the City/NOAB reserves the right, to exercise in its sole discretion, to pursue termination of any Permit or subcontract, seeking damages, and any other remedies available at law, in the event of a conviction of any one or more of the Interested Contract Persons or the rendition of a civil judgment against any one or more of the Interested Contract Persons, for any crime or offense involving moral turpitude.

J. Title VI Solicitation Notice The City/NOAB, in accordance with the provisions of Title VI of the Civil Rights Act of 1964 (78 Stat. 252, 42 U.S.C. §§ 2000d to 2000d-4) and the Regulations, hereby notifies all Proposers that it will affirmatively ensure that any contract entered into pursuant to this advertisement, airport concession disadvantaged business enterprises will be afforded full and fair opportunity to submit bids in response to this invitation and will not be discriminated against on the grounds of race, color, or national origin in consideration for an award.

K. Fair Labor Standards Act All contracts and subcontracts that result from this solicitation incorporate by reference the provisions of 29 CFR Part 201, the Federal Fair Labor Standards Act (FLSA), with the same force and effect as if given in full text. The FLSA sets minimum wage, overtime pay, recordkeeping, and child labor standards for full and part time workers.

The Proposer has full responsibility to monitor compliance to the referenced statute or regulation. The Proposer must address any claims or disputes that arise from this requirement directly with the U.S. Department of Labor – Wage and Hour Division.

L. Occupational Safety and Health Act of 1970 All contracts and subcontracts that result from this solicitation incorporate by reference the requirements of 29 CFR Part 1910 with the same force and effect as if given in full text. Successful Proposer must provide a work environment that is free from recognized hazards that may cause death or serious physical harm to the employee. Successful Proposer retains full responsibility to monitor its compliance and their subcontractor’s compliance with the applicable requirements of the Occupational Safety and Health Act of 1970 (20 CFR Part 1910). Successful Proposer must address any claims or disputes that pertain to a referenced requirement directly with the U.S. Department of Labor – Occupational Safety and Health Administration.

FAILURE TO COMPLETE THE REQUIRED ATTACHMENTS MAY RESULT IN DISQUALIFICATION. GOOD FAITH EFFORTS HAVE BEEN MADE TO DESCRIBE ALL INFORMATION CONTAINED WITHIN THIS RFP. THE CITY/NOAB IS NOT LIABLE FOR ANY

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CHANGES OR MISINTERPRETATIONS. PROPOSERS ARE RESPONSIBLE FOR VERIFYING ALL INFORMATION WITHIN THIS RFP, INCLUDING THE TECHNICAL INFORMATION.

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