REQUEST FOR QUALIFICATIONS CONSTRUCTION MANAGEMENT AT RISK (CMAR)

Transcription

1 1 REQUEST FOR QUALIFICATIONS CONSTRUCTION MANAGEMENT AT RISK (CMAR) Preconstruction and Construction Services Safety Bay Improvement Project December 20, 2017

2 Table of Contents REQUEST FOR QUALIFICATIONS (RFQ) FOR CONSTRUCTION MANAGEMENT AT RISK (CMAR) ACRONYMS AND DEFINITIONS ADMINISTRATIVE REQUIREMENTS & GENERAL INFORMATION Project Description Project Budget Qualifications-Based Procurement and Project Delivery CMAR Benefits to Public Interest and the GNOEC CMAR Project Team Pre-Submittal Conference Interpretation of RFQ Documents & Communications with the GNOEC Delivery of SOQ Submittals Confidentiality and Public Records Notification of Selection OVERVIEW AND SCOPE Overview Scope of Work Ineligible Firms SOQ SUBMITTAL REQUIREMENTS General Requirements Format Legal Structure and Documents Financial Capacity: Bond and Insurance Requirements Safety Program Firm Experience and Past Performance Proposer Key Personnel Project Understanding and Approach

3 5.0 EVALUATION CRITERIA Required Information: Pass/Fail Evaluation Factors Firm Experience and Past Performance Preferred Key Personnel Project Understanding and Approach EVALUATION AND SELECTION PROCESS Overview Initial Responsiveness Review Selection Review Committee Non-Scored SOQ Categories Scored SOQ Categories Interviews Presentation/Interview Instructions Ranking and Firm Selection Protests ADDITIONAL INFORMATION GNOEC Rights Rules of Contact Personnel Substitutions or Changes APPENDIX A: REFERENCE INFORMATION DOCUMENTS (RIDs)... A-1 APPENDIX B: FORMS... B-1 APPENDIX C: CHECKLIST FOR PASS/FAIL ON CMAR SOQ... C-1 APPENDIX D: CMAR SCORING FORMS... D-1 3

4 Safety Bay Improvement Project REQUEST FOR QUALIFICATIONS (RFQ) FOR CONSTRUCTION MANAGEMENT AT RISK (CMAR) The Greater New Orleans Expressway Commission is seeking Statements of Qualifications (SOQs) from Louisiana licensed contractors for Construction Management at Risk (CMAR) preconstruction phase and possibly construction phase services for the following project: The Lake Pontchartrain Causeway Bridge consists of two separate, parallel bridges that are approximately 24 miles long and 84 apart. The original span (today s southbound bridge) has two lanes and was completed in Its companion span (northbound bridge) also has two lanes and was completed in Both bridges have a width of 28. This width is comprised of two lanes at 12 each and two offsets of 2. The bridges are connected by seven crossovers spaced at about four mile intervals. Each crossover is 84 by 84. The seven crossovers are the only emergency stopping areas currently available. In the decades since construction of the Causeway, standards for bridges have changed to provide improved safety characteristics. This project is intended to significantly increase emergency stopping area to enhance overall safety of Causeway users. The general project scope is to: widen the Causeway Bridge to provide 12 shoulders of at least 16 width X 672 length (1,008 length preferable). The shoulders will be midway between each of the existing crossovers. Six crossovers will be southbound and six will be northbound. Construction will be similar to the existing Causeway Bridge. The CMAR preconstruction services may generally be described as working with the GNOEC and its Design Professional, Project Manager, and Independent Cost Estimator (ICE) to assist in the completion of a comprehensive set of construction documents by performing constructability reviews, developing and updating an open-book cost model, assessing appropriate means and methods, developing and updating the construction schedule, and providing input into the development of innovative time savings and cost savings ideas for project design. If the GNOEC and the CMAR Contractor are able to reach agreement on a Guaranteed Maximum Price (GMP) including constructability, construction phasing and sequencing, and the maximum number of contract days to complete the project, as per La. R.S. 38: , the GNOEC may contract with the CMAR contractor to undertake construction services. The GNOEC reserves the right to contract with the CMAR Contractor to undertake specific items of construction services prior to agreement upon a GMP for such items, if in the opinion of the GNOEC, the undertaking is for the benefit of the Project. A GMP for the undertaking of the specific items of construction services will be negotiated and agreed upon between the GNOEC and CMAR contractor when and if the need for the services arise. PROCUREMENT SCHEDULE AND KEY DEADLINES Advertise for Services December 23 and 24, 2017 RFQ Posted December 20, 2017 Pre-Submittal Meeting (Mandatory) January 10, 2018 GNOEC conference room 3939 North Causeway Blvd, Suite 400, 4

5 Metairie, Louisiana Final Date for Receipt of Proposers Questions January 17, 2018 SOQ Due Date February 7, 2018 Ranking Determination February 21, 2018 Short List Released February 22, 2018 Interviews or Presentation February 26-28, 2018 Anticipated Award of Preconstruction Services Contract March 14, 2018 Anticipated Pre-Construction Notice to Proceed March 14, 2018 Anticipated Award of Construction Services Contract** April 4, 2018 ** This contract will not include detailed technical scope and guaranteed maximum price components which will be added near the end of the pre-construction services. 1.0 ACRONYMS AND DEFINITIONS Acronyms The following acronyms are used in this RFQ document and are defined as shown below: CMAR GMP JV ICE LLC OPCC RFQ RID SOQ Construction Management at Risk, or Construction Manager Guaranteed Maximum Price Joint Venture Independent Cost Estimator Limited Liability Corporation Opinion of Probable Construction Cost Request for Qualifications Reference Information Document Statement of Qualifications Definitions The following terms are used in this document and are defined as shown below: Term Addenda/Addendum Definition Supplemental additions, deletions, and modifications to the provisions of the RFQ issued after the advertisement date of the RFQ. 5

6 Affiliate Construction Management at Risk (CMAR) CMAR Contractor Construction Services Contract Cost Model GNOEC Includes parent companies, subsidiary companies, and partners (in the reporting entity), and other financially liable parties for that entity. Affiliate is further defined as any one of the following: a) any Firm other than Applicant Firm which owns 25% or more of Applicant Firm, such as parent companies or holding companies b) a subsidiary or a Firm in which Applicant Firm owns 25% or more c) a Firm in which a major stockholder or owner of Applicant Firm owns controlling interest d) a Firm with which Applicant Firm has or has had an unseverable business or professional identity e) any permanent or temporary common business enterprise relationship in which the parties share operating responsibility and profits such as joint ventures A project delivery method in which a CMAR is procured to provide preconstruction services during the design phase of the project and possibly construction services during the construction phase of the project. The contract for construction services may be entered into at the same time as the contract for preconstruction services, or at a later time. The execution of the design and the construction of the project will be in concurrent phases. The Designer contracts separately with the GNOEC. A partnership, corporation, joint venture, or other legal entity both properly licensed, bonded, and insured that is able to provide appropriately licensed contracting and preconstruction services as needed pursuant to a CMAR contract. The written agreement between the GNOEC and the CMAR Contractor setting forth the obligations of the parties with respect to the construction of the project, including, but not limited to, the performance of the Work, the furnishing of labor and materials, and the basis of payment. Cost tabulation for the construction of the project developed by the CMAR Contractor. The cost model is based on the GNOEC s list of standard pay items. Greater New Orleans Expressway Commission Designated Contact Shall have the meaning set forth in RFQ Section 2.7. Designer Guaranteed Maximum Price (GMP) Engineer, architect, or landscape architect who has secured a professional license from a Louisiana registration board as required by state law and who is selected by the GNOEC. Also can mean a consultant. The total itemized dollar amount negotiated between the CMAR Contractor and the GNOEC for constructing the project or portions thereof. The CMAR Contractor agrees to construct the project for this amount or less. It includes but is not limited to - a construction schedule, all traffic control, quality control testing and inspection, survey, public information, and coordination costs. 6

7 Independent Cost Estimator (ICE) Key Person Key Personnel Opinion of Probable Construction Cost (OPCC) Preconstruction Services Contract Principal Participant An independent third party selected by the GNOEC. The ICE will develop cost estimates for use by the GNOEC to determine if the GMP is within a range acceptable to the GNOEC. A Key Person is: a) any person in Applicant Firm who owns 10% or more of the Firm or those who make decisions with respect to its operations, finances, or policies, such as the President, CEO, CFO, COO, Corporate Secretaries, Treasurers, Directors and, in the case of partnerships, the General Partners b) Division or Regional Business Managers who operate away and independently from the Applicant Firm, but only if the division or regional office is the proposer Proposer identified qualified personnel for key positions with demonstrated experience and expertise and a record of producing quality work on projects of a similar nature to the project. The key positions as determined by the GNOEC are identified in Section 4.7. An estimate prepared by the CMAR Contractor that reflects the estimator s opinion as to the probable costs that a prudent contractor would include in his tender to construct the defined facilities. Unless specifically stated, the OPCC does not capture framework costs borne by the GNOEC for pre construction activities or for expenses related to the management and support of field construction activities. The OPCC is intended to be an indication of fair market value and is not necessarily a predictor of lowest bid. Fair market value is assumed to be a mid range tender considering four or more competitive bids. Finally, OPCC pricing is predicated on the contractor s compliance with all contract specifications and design parameters during field execution activities. The written agreement between the GNOEC and the CMAR Contractor setting forth the obligations of the parties with respect to the performance of certain services during the design phase including, but not limited to, scheduling, pricing, and phasing to assist the GNOEC to design a more constructible project. Any of the following entities: A) The CMAR Proposer; B) An individual firm, all general partners, or LLC or JV members of the CMAR Contractor Team; and/or C) All Persons and legal entities holding (directly or indirectly) a 15% or greater interest in the CMAR Contractor Team. Project See Section 2.1 7

8 Proposer Proposer s Representative or Contact Person GNOEC Project Manager The entity, comprised of an individual, person, proprietorship, firm, partnership, professional corporation, business association, corporation, joint venture, combination thereof, or other legal entity however organized, participating in the procurement process for the project and that, if successful, will enter into the contract with GNOEC to provide CMAR Contractor services for the project. The contact person identified in the SOQ submitted in response to the RFQ. An independent third party selected by the GNOEC to assist with the project, as directed by the GNOEC. Reference Information Document (RID) Request for Qualifications (RFQ) Selection Review Committee Statement of Qualifications (SOQ) Subconsultants, Subcontractors Work Documents provided by the GNOEC to help inform proposers about the project (can include, but is not limited to, schematic drawings, environmental documents, preliminary geotechnical information, etc.). The written solicitation issued by GNOEC to solicit SOQs to provide CMAR services to the GNOEC for the project. A committee that reviews and assesses individual SOQs using the criteria set forth in this RFQ. The information prepared and submitted by a proposer in response to this RFQ. Any person with whom CMAR Contractor has entered into any subcontract and any other person with whom any subcontractor or subconsultant has further subcontracted any part of the Work, at any tier. The furnishing of labor, materials, equipment, and other incidentals necessary to, or convenient for the successful completion of, the CMAR services for the project and the carrying out of the duties and obligations imposed by the Preconstruction Services Contract. 2.0 ADMINISTRATIVE REQUIREMENTS & GENERAL INFORMATION The GNOEC is accepting a written Statement of Qualifications (SOQ) for performing preconstruction services and construction services for the following project: Safety Bay Improvement Project. 2.1 Project Description The general project description includes: The Causeway Bridge spans Lake Pontchartrain connecting metro New Orleans parishes of Jefferson and St. Tammany. The Causeway consists of two separate, parallel bridges that are approximately 24 miles long and 84 apart. The original span (today s southbound bridge) has two lanes and was completed in Its companion span (northbound bridge) also has two lanes and was completed in Both bridges have a width of 28. This width is comprised of two lanes at 12 each and two offsets of 2. The bridges are connected by seven crossovers spaced at about four mile intervals. Each crossover is 84 by 84. The seven crossovers are the only emergency stopping areas currently available. In the decades since construction of the Causeway, standards 8

9 for bridges have changed to provide improved safety characteristics. This project is intended to significantly increase emergency stopping area to enhance overall safety of Causeways users. The project will widen the Causeway Bridge to provide 12 shoulders of at least 16 width X 672 length (1,008 length preferable). The shoulders will be midway between each of the existing crossovers. Six crossovers will be southbound and six will be northbound. Construction will be similar to the existing Causeway Bridge. See Appendix A Reference Information Documents (RIDs) 2.2 Project Budget The Project s construction is estimated to be in the range of $40,000, to $50,000, The Preconstruction Services fee shall not exceed $200, Invoices will be processed monthly. Payments will be made based on progress reports indicating hours worked over the Preconstruction Phase as applied to a billable rate schedule as submitted to and approved by the GNOEC upon notice of project award. The billable rate schedule shall be in demonstrable alignment with industry standard employee classifications and pay rates. The GNOEC may contract with the CMAR contractor to undertake construction services for a Guaranteed Maximum Price (GMP). 2.3 Qualifications-Based Procurement and Project Delivery The GNOEC will use a qualifications-based procurement process to select a CMAR Contractor to deliver the project. The procurement and project delivery process may include the following: A) Request for Qualifications This RFQ is issued to solicit information, in the form of SOQ that the GNOEC will evaluate to determine which proposers are most qualified to successfully deliver the project B) Short list The top three to five CMAR Contractors determined by the Selection Review Committee s evaluation of SOQ submittals and oral interviews, if held. C) Interviews and Selection The GNOEC will invite selected short-listed proposers to participate in an interview. Following interviews with the short-listed proposers, the Selection Review Committee will establish the final ranking, according to the proposer s final point totals (score). D) Preconstruction Services Includes consulting services to assist with the design and estimate of the project and establish a GMP, maximum number of contract days, phasing and sequencing, and constructability. E) Construction Services A contract to build the project if a GMP can be negotiated Procurement Schedule and Key Project Dates Advertise for Services December 23 and 24, 2017 RFQ Posted December 20, 2017 Pre-Submittal Meeting (Mandatory) January 10, 2018 GNOEC conference room 3939 North Causeway Blvd, Suite 400, Metairie, Louisiana Final Date for Receipt of Proposers Questions January 17, 2018 SOQ Due Date February 7, 2018 Ranking Determination February 21,

10 Short List Released February 22, 2018 Interviews or Presentation February 26-28, 2018 Anticipated Award of Preconstruction Services Contract March 14, 2018 Anticipated Pre-Construction Notice to Proceed March 14, 2018 Anticipated Award of Construction Services Contract** April 4, 2018 ** This contract will not include detailed technical scope and guaranteed maximum price components which will be added near the end of the pre-construction services. 2.4 CMAR Benefits to Public Interest and GNOEC The GNOEC intends to select a CMAR Contractor through a procurement process pursuant to La. R.S. 38: and wishes to employ the CMAR project delivery process to encourage a creative, collaborative partnering approach through the interactive efforts of an experienced, highly motivated team. The CMAR process is expected to foster a cooperative GNOEC- Designer-Contractor effort to review design documents, to identify potential partnering opportunities and to complete construction of the improvements. The GNOEC will encourage the development of innovative options to maximize the value of the end product received. The GNOEC s primary objective in utilizing the CMAR approach for this project is to bring the best available construction experience and expertise together to work with the GNOEC and Designer collaboratively to successfully meet the budget and schedule challenges presented by this project. It is the GNOEC s intent to execute concurrent contracts with the Designer, ICE, Project Manager, and CMAR Contractor to minimize risk by using this collaborative process. The CMAR process relies on the construction expertise of the selected CMAR Contractor and its team members (may include subcontractors). The goal of this coordination and delivery is to maintain cost control, collaborate and implement innovations, minimize the risk of construction and design issues thereby reducing contract changes during construction, improve construction delivery schedule, and provide the designer with constructability and phasing ideas. Selection of the CMAR Contractor will be a Qualifications Based Selection (QBS) based on the Criteria Evaluation and Scoring addressed in Appendix D of this RFQ. Due to the size and complexity of the Project, along with the interface necessary with a diverse set of Project stakeholders, both internal and external, GNOEC seeks a qualified CMAR Contractor to collaborate with during the Pre-Construction Phase and to coordinate the day to day facilitation, communication and management of the Construction of this Project as described in this RFQ. It is anticipated that the CMAR Contractor will be responsible and accountable to manage several second-tier contractors. In compliance with La. R.S. 38: GNOEC deems the use of the CMAR delivery method to be in the public interest and beneficial to the owner for the following reasons: Increased cooperation, collaboration, and coordination among the CMAR Contractor, the Designer and the GNOEC; Creation of a common and shared basis for project costs using the CMAR Contractor provided cost model; Greater cost control; Minimized design disputes; 10

11 Opportunity for the Designer to receive direct input on constructability from the CMAR Contractor and incorporate constructability review comments into the design; Opportunity for the Designer to design to the CMAR Contractor s strengths and preferred means and methods, to provide more detail, and potentially reduce construction time (This collaborative approach with CMAR project delivery should also result in increased certainty during the construction phase of the project.); Expedite execution of design and cost control; Ability to procure early work packages, mitigating the risk of construction price volatility and accelerating the schedule; and Identification and mitigation of project risks by the CMAR Contractor, the Designer, and the GNOEC working together. The Project exceeds twenty-five million dollars in cost. 2.5 CMAR Project Team The CMAR Team is comprised of the GNOEC, the CMAR Contractor, the Designer, the GNOEC Project Manager, and the Independent Cost Estimator (ICE). The CMAR Contractor s main objective is to collaborate and actively partner with other team members during the delivery of the project, both in the preconstruction and construction phases, to help the GNOEC achieve the goals established for the project. The CMAR Contractor will provide reviews of the plans for constructability and provide input on the sequence of construction. The CMAR Contractor s technical experience, resources, and approach (means and method) will identify potential risks that can influence cost and schedule and allow the team to eliminate or mitigate those risks. The CMAR Contractor s ideas and suggestions early in the design will allow the development of a clear, concise set of plans and specifications and validate the GNOEC s budget through compilation of a cost model developed by the CMAR Contractor [updated throughout the preconstruction phase with a minimum of required submittals at sixty percent (60%) and ninety (90%) final plans]. The cost model will be utilized as a basis for negotiations with an anticipated GMP agreement reached at or before the final plans are one hundred percent (100%) complete. During the preconstruction phase, the CMAR Contractor provides the following to assist in the development of the project plans: An estimate of the quantities of materials, labor, and equipment needed for construction of the project (a cost model); A logical critical path method schedule in accordance with the specifications; Advice as to the availability, cost, and capacities of materials, labor, and equipment; Risk identification services, methods to mitigate, and innovative approaches; Constructability reviews, phasing and sequencing reviews, and other input; and A final GMP schedule with maximum days. During the construction phase, the CMAR Contractor provides the labor, equipment, material, and supervision to construct the project in compliance with all requirements and procedures outlined in the construction documents. The GNOEC has selected and contracted separately with a Designer for design services. The Designer is ultimately responsible for the final design of the project. The GNOEC has selected an 11

12 Independent Cost Estimator (ICE) to provide independent estimates to compare with those provided by the Designer and CMAR Contractor as part of the negotiated Guaranteed Maximum Price of the construction contract. Additionally, a Project Manager has been selected. 2.6 Pre-Submittal Conference A mandatory Pre-Submittal Conference for potential proposers will be held on the date indicated in Section of this RFQ. Any concerns as to requirements, omissions, or discrepancies in the RFQ and associated documents shall be presented to the GNOEC at this conference. The GNOEC will determine the appropriate action necessary, if any, and issue written addenda if appropriate. 2.7 Interpretation of RFQ Documents & Communications with the GNOEC The GNOEC's designated point of contact for this project is the GNOEC's General Manager, Carlton Dufrechou whose contact information is cdufrechou@gnoec.org (504) The GNOEC will only consider questions regarding the RFQ if submitted in writing by a potential proposer. All such requests must be submitted on Form Q, Appendix B, included in the RFQ, to the GNOEC's designated point of contact for this project. All questions must be received by the GNOEC at the Electronic-mail ( ) address specified in this section no later than the date specified in Section Only written requests to the above addressee will be considered. No requests for additional information or clarification to any other GNOEC office, consultant, Commissioner, or employee will be considered. All responses will be in writing and will be delivered without attribution to all proposers. In general, the GNOEC will not consider any correspondence delivered in any other way except as specified herein. Carlton Dufrechou cdufrechou@gnoec.org (504) Requests for clarifications/questions must be received no later than January 15, 2018, 12:00 p.m. Interpretation or correction of the RFQ Documents will be made only by issuance of a written addendum or answers, which will be made available to each recipient of an RFQ. The GNOEC is not responsible for any explanations or interpretations of the RFQ documents other than those made by written addendum or listed as an answer. Questions and answers and/or addendum will be made available to all recipients of the RFQ. Except for communications expressly permitted by this RFQ, the Designated Contact, or a representative hereafter designated in writing by the GNOEC, Carlton Dufrechou is the GNOEC s single contact and source of information for this procurement. The rules of contact set forth in this section shall apply during the project procurement process. The procurement process begins on the date the RFQ is advertised, and is anticipated to be completed with the award of the Preconstruction Services Contract. These rules are designed to promote a fair, unbiased, and legally defensible procurement process. 12

13 2.8 Delivery of SOQ Submittals SOQs shall be delivered to: GNOEC ATTN: Carlton Dufrechou 3939 North Causeway Blvd., Suite 400 Metairie, Louisiana On or before 12:00 p.m. (Central Time) on the due date specified in Section Submittals received after the scheduled due date and time for receipt shall not be accepted and will be returned to the proposer unopened. Proposers are solely responsible for the delivery of their submittals to the above location by the time and date specified. One original and ten copies of the SOQs and appendices shall be provided. The signed original copy must be identified as the original on the cover(s) and all subsequent copies must be marked as Copy of 10 Copies. All copies shall be provided in loose-leaf binders. Bound copies will not be accepted. The document must be organized to correspond with the outline presented in Table A (Section 4.2.2). All information regarding the content of the specific submittals will remain confidential until an award is made or rejected. The GNOEC reserves the right to reject any or all statements, to waive or decline to waive irregularities in any statement, or to withhold the award for any reason it may determine. 2.9 Confidentiality and Public Records All documents submitted by the proposer in response to this RFQ will become the property of the GNOEC, except for any documents that have been properly identified as containing confidential proprietary or trade secret information. Documents will not be returned to the proposer. 90 days after the deadline for the responses to the RFQ, the results of the selection review committee, inclusive of its findings, grading, score sheets and recommendations, shall be available for review by all proposers and shall be deemed public record. Notwithstanding anything herein to the contrary, proposer acknowledges that it has read and understands the requirements mandated by La. R.S. 44:1 et seq., including Sec. 44:3.2, which states in pertinent part, that proposer shall provide a cover sheet when submitting all records containing proprietary or trade secret information that shall state in bold type, "DOCUMENT CONTAINS CONFIDENTIAL PROPRIETARY OR TRADE SECRET INFORMATION." If applicable, proposer shall clearly mark each instance of information which is, in its opinion, proprietary or trade secret information. Proposer shall include a statement with its SOQ justifying the proposer s determination that certain records are proprietary or trade secret information for each record so defined. Additionally, proposer shall submit one copy of the SOQ that has all the proprietary or trade secret information deleted from the SOQ and label such copy of the SOQ Public Copy or certify in its cover letter that the SOQ contains no proprietary or trade secret information. Upon notice from the GNOEC that a request for release of information has been received, 13

14 the proposer shall immediately defend any action seeking release of the records it believes to be proprietary or trade secret information and indemnify, defend, and hold harmless the GNOEC and its agents and employees from any judgments awarded against the GNOEC and its agents and employees in favor of the party requesting the records, including any and all costs connected with that defense. This indemnification survives the GNOEC s cancellation or termination of this procurement or award and subsequent execution of a contract. In submitting a SOQ, the proposer agrees that this indemnification and duty to defend survives as long as the confidential business information is in possession of the GNOEC Notification of Selection The GNOEC will notify the selected short-list proposers and ultimately the selected proposer (CMAR Contractor) in accordance with the processes established in Section 6.0 and the calendar dates specified in Section The CMAR Scoring Forms are provided in Appendix D. The GNOEC will not short list or award the contract to any proposer that receives a fail rating on any Pass/Fail Evaluation Factor. The GNOEC will not short-list or award the contract to any proposer that the GNOEC determines has submitted a non-responsive SOQ. Short-listed proposers will be notified of an interview/presentation date at least 10 working days in advance of the scheduled interview date in accordance with Section The GNOEC may provide additional guidance for the interview/presentation to supplement the information in this RFQ prior to the actual interview/presentation date. Within 10 working days after selection of the most-qualified proposer from the group of shortlisted proposers, the selected proposer shall return to the GNOEC one original and three certified copies of the signed Preconstruction Services Contract along with the required insurance certificates and other required documentation. The GNOEC will then sign and execute the Preconstruction Services Contract, and issue Notice to Proceed. 3.0 OVERVIEW AND SCOPE 3.1 Overview The successful CMAR Contractor will enter into a contract with the GNOEC for preconstruction services and possibly construction services. The contract will contain the specific requirements for completion of each phase. The successful CMAR Contractor will participate in the preconstruction phase and may execute a Construction Services Contract for the project if the GNOEC and CMAR Contractor are able to negotiate, and to establish and agree upon a GMP to render construction services for the project and additionally to agree upon, project constructability, construction phasing and sequencing, and the maximum number of contract days to complete the project. Pursuant to Louisiana Revised Statute 38: (G)(5), the GNOEC may authorize the CMAR Contractor to undertake specific items of construction services, including, but not limited to procurement of long-lead items or phased/advance construction activities, prior to an agreement upon a GMP. Upon entering into the Construction Services Contract with the GNOEC, the CMAR Contractor shall assume the risk of project delivery at the GMP, including any included allowances established by the GNOEC. The Contractor will also be responsible for constructing the project 14

15 in full compliance with the plans and specifications and other requirements of the contract. The CMAR is required to self- perform at least 30% of the construction work. The CMAR Contractor may enter into a contract with licensed subcontractors to provide any of the following preconstruction services: Assisting the CMAR Contractor in identifying and selecting materials and equipment to be provided by each subcontractor; Assisting the CMAR Contractor in creating a schedule for the provision of labor, materials, or equipment by each subcontractor; For the purpose of enabling the CMAR Contractor to establish a budget for the construction of the public work, estimating the cost of labor, materials, or equipment to be provided by each subcontractor. A subcontractor may not provide preconstruction services pursuant to this section in an area of work outside the field or scope of the license of the subcontractor. There is no direct pay for this work and is included in the not-to-exceed fee payable to the CMAR Contractor. GNOEC has retained a Project Manager for the preconstruction phase of this project. All documentation regarding the Project, including communications, correspondence, contracts and schedules shall be copied to the Project Manager. The CMAR Contractor shall communicate with the GNOEC and Designer and copy the Project Manager. The CMAR Contractor shall coordinate its day-to-day planning, scheduling, and construction activities with the GNOEC and Project Manager, as GNOEC s extension of staff. Any program management, coordination, supervision, or administrative services performed by the Project Manager, on behalf of the GNOEC, shall not relieve the CMAR Contractor of its duties and responsibilities relating to this Project. 3.2 Scope of Work The CMAR preconstruction services may generally be described as working with the GNOEC and its Program Manager, its Designer, and Independent Cost Estimator (ICE) to assist in the completion of a comprehensive set of construction documents by performing constructability reviews, developing and updating an open-book cost model, assessing appropriate means and methods, developing and updating the construction schedule, and providing input into the development of innovative time savings and cost savings ideas for project design. The CMAR Contractor will also provide opinions of probable construction costs (OPCCs) as part of the preconstruction phase of a project in addition to attending and actively participating in numerous meetings throughout the project s design. The preconstruction services may include, but are not limited to, the following: Prepare Cost Model Following initial project discussions, the Contractor will prepare the project Cost Model within 60 days of the Pre-construction notice to proceed. The Cost Model is an open and transparent document that defines the Contractor s pricing assumptions to communicate to the GNOEC and the ICE. It defines the Contractor s costs related to labor, materials, equipment, subcontractor and supplier quotes, means and methods, production rates, risk, direct costs, and mobilization. The Cost Model is continually reviewed by the project team and updated by the Contractor at each pricing milestone as an Opinion of Probable Construction Cost (OPCC) to assist with cost reviews by the GNOEC and pricing by the ICE. As part of this work the CMAR contractor shall prepare a critical path method 15

16 schedule in accordance with the contract specifications for OPCC that is prepared. The initial critical path method schedule must be submitted with the initial cost model. Design Development The Design Consultant proceeds with 30%, 60%, 90%, and 100% and final plans at the PM s discretion, collaborating with the GNOEC and the Contractor on design decisions and constructability. During each of the Design Development stages, the Contractor prepares a Project Schedule in accordance with the contract requirements, performs constructability reviews, and offers suggestions for construction phasing and innovative design and material alternatives. At the end of each design stage, the Design Consultant submits Plans and Specifications for the GNOEC and CMAR contractor s review, comments, and suggestions. The Contractor also reviews the Plans and Specifications and offers redline comments to improve the plans for constructability, clarify ambiguities, and provide consistency with the Contractor s proposed means and methods. In the early design stage, the phasing and sequencing of the project in consideration with project characteristics, should be established and agreed by all parties. Modifications to the phasing and sequencing can be made as the plans progress and new and innovative ideas are discussed, especially in relation to identified project risk and characteristics. Cost Model Review Meetings The Contractor updates the Cost Model based on each design stage plans and specifications, and a Cost Model Review Meeting is held with GNOEC, the Contractor, and the ICE. The Cost Model Review Meeting may occur at the beginning of the Preconstruction Phase if preliminary design development occurred prior to procurement of the CMAR contractor. At this meeting the GNOEC, the Contractor, and the ICE review the Cost Model for all pricing assumptions and means and methods. The contractor shall identify the changes in the OPCC or changes that may affect the OPCC and schedule based on the these factors as a minimum; design changes, new specifications, identified risks and risk mitigation, opportunities for innovation, material changes, phasing or sequencing changes, or project limitations such as ROW or utility limitations. OPCC and ICE Submittals The Contractor submits an Opinion of Probable Construction Cost (OPCC) to the GNOEC General Manager at the established pricing milestone, typically at plan stages coinciding with the plan submittal. The ICE prepares an independent estimate and submits it to the GNOEC General Manager. The items with significant differences, determined by the GNOEC, will be discussed by the Project Team to modify the design, assumption and clarifications, production rates or other item(s) determined to be the result of the difference in the cost of the three estimates. This process is used to potentially arrive at a maximum guaranteed price (GMP) and maximum number of days that is agreeable to all participants in the Project Team. Cost Estimate Review Meeting The purpose of the meeting is to discuss the Contractor s OPCC, Designer s Estimate and the ICE Estimate items of work with notable pricing differences. This meeting will review pricing assumptions, review quantities, and reconcile pricing differences and schedule exceptions. Prior to the meeting, the GNOEC Project Manager reviews the OPCC and ICE Estimate and identifies all bid items that have significant variances. During the Cost Review Meeting, the GNOEC Project Manager, ICE, and Contractor attempt to reconcile 16

17 pricing differences for these identified items. The reconciliation process gives all parties the opportunity to understand each other s perspectives about pricing assumptions and risk assignment. The ICE estimate remains confidential to the GNOEC. These meetings occur at design stages and as often as the GNOEC and the CMAR contractor need to arrive at a GMP and final schedule with a decision being made by final plans. Update Cost Model, OPCC, and Schedule At the conclusion of the Cost Review Meeting, the Contractor must update the OPCC, Cost Model, and Schedule to reflect all changes resulting from the Design Review Meeting and Cost Review Meeting. Subsequent OPCC Submittals Design development continues in this cycle of design submittals, OPCC and ICE cost estimate submittals, risk assessment, and cost reviews for all established pricing milestones. Typically, these coincide with the designer s submittals according to that contract. However, additional OPCC submittals may be required if design refinements are required or if significant pricing variances remain. The goal, through this iterative process, is to narrow pricing differences throughout the Preconstruction Phase, such that the GMP Proposal is within an acceptable amount of the ICE Estimate to the GNOEC. Completion of the GMP Prior to completion of the final plans the GNOEC and the CMAR contractor must agree on a GMP, maximum number of contract days, phasing and sequencing, and constructability for the CMAR contractor to be awarded a construction contract. If the GNOEC and CMAR contractor cannot agree on these items, the project will be advertised as a design bid build project and the CMAR contractor will not be eligible to bid. A complete GMP package must be prepared and submitted as required in the Preconstruction Services Contract for incorporation into the Construction Contract Preconstruction Services Payment A not-to-exceed fee of up to $200,000 has been established for the Preconstruction Phase of this project. This amount has been established based on the complexity, potential number of phases, known conflicts and risks, and amount of effort the GNOEC feels will be needed to negotiate an acceptable GMP, phasing and schedule. Payments will be made based on progress reports indicating hours worked over the Preconstruction Phase as applied to a billable rate schedule as submitted to and approved by the GNOEC upon notice of project award. The billable rate schedule shall be in demonstrable alignment with industry standard employee classifications and pay rates. Invoices will be processed monthly Construction Services Scope of Work The construction services scope of work is to provide the labor, materials and equipment and supervision needed to complete the construction project Construction Services Payment The CMAR Contractor shall provide to the GNOEC a GMP price for construction of the project, 17

18 before or upon completion of the final design. The CMAR Contractor s GMP will be compared to the designers estimate and an Independent Construction Estimate (ICE) obtained from a third party. If the GMP, schedule, constructability, construction phasing and sequencing, and the max number of contract days are agreed upon by the GNOEC, the GNOEC will contract with the CMAR Contractor for the construction phase. If the percentage difference between the CMAR contractor and the ICE and design engineer s estimate is not acceptable and within budget, then the GNOEC may negotiate with the CMAR Contractor. Negotiations are similar for the schedule, constructability, phasing and sequencing, and max number of days. For this project, the GNOEC requests the GMP to be negotiated by: (a) The cost of the work, plus a fee, with a guaranteed maximum price; (b) A fixed price; or (c) A fixed price plus reimbursement for overhead and other costs and expenses related to the construction or a portion thereof. Once the terms of a construction contract, including the GMP, are agreed upon, the owner may execute a contract with the CMAR contractor. Payment provisions are provided for in the final Construction Services Contract and based on the GMP. Standard pay items are established in the GMP, and payment will be made to the CMAR Contractor in a manner similar to conventional Design-Bid-Build (D-B-B) projects. However, measurement and payment to the contractor, regardless of final quantities, may not exceed the GMP which includes allowances and any change orders. 3.3 Ineligible Firms The proposer is responsible to disclose all potential organizational conflicts of interest in its SOQ using Form CI in Appendix B of the RFQ, Disclosure of Potential Conflict of Interest Certification. The proposer is required to provide information concerning potential organizational conflicts of interest in its SOQ. The successful proposer and its Principal Participants must disclose all relevant facts concerning any past, present, or currently planned interests which may present an organizational conflict of interest. The successful proposer and its Principal Participants must state how their interests, or those of their chief executives, directors, key project personnel, or any proposed subcontractor may result, or could be viewed as, an organizational conflict of interest. Specifically, proposer must disclose any relationship proposer, its parent or subsidiary, its current or former owners, officers, directors, employees, members of proposer s team and/or others affiliated with Proposer have or in the past have had with: (1) current or former members or employees of the GNOEC; or (2) anyone who has a contract or other relationship with a current or former GNOEC member or employee or relative of said member or employee who is or was significantly involved in the organization, preparation, or administration of this RFQ or otherwise was in a position to significantly affect the RFQ either through a decision-making capacity or through a review process. In addition, any firm that is rendered ineligible through any state or federal action is ineligible to participate with any proposer. A proposer must not submit a SOQ, nor will an SOQ be considered, if the proposer or any Principal Participant, including those entities identified in 18

19 Section 4.3, is on the GNOEC s list of Disqualified Contractors or Consultants or is debarred by the GNOEC, the State of Louisiana, any agency of the State of Louisiana, or the federal government on the date of submission of the SOQ, submission, Scoring of the SOQ, or award. 4.0 SOQ SUBMITTAL REQUIREMENTS 4.1 General Requirements Responses to this Request for Qualifications (RFQ) must be in the form of an SOQ, as outlined in this RFQ and as allowed by La. R.S. 38: Submittals must be clear and concise, organized as indicated in Table A in Section 4.2, and with all identified sections included. If in the judgment of the GNOEC, a SOQ does not conform to the format specified herein, or if any section is absent or significantly incomplete, the GNOEC reserves the right to reject the submittal. Potential proposers that wish to submit an SOQ are required to submit information relative to their qualifications, experience, project delivery approach, ability to meet the project s goals and other listed criteria. All requested information must be provided regarding firm members and key personnel to be assigned to this project. Proposers are required to conduct the preparation of their SOQs with professional integrity and free of lobbying activities. Proposers and their respective agents and consultants are not permitted to contact, directly or indirectly, any member of the Selection Review Committee, or officers, administrators, staff, or consultants of the GNOEC, including the Project Manager and Independent Cost Estimator, regarding the subject matter of this RFQ after the issuance date of this RFQ, except as specifically permitted hereby or approved in advance by the GNOEC. Any verified allegation that a responding proposer team or team member or an agent or consultant of the foregoing has made such contact or attempted to influence the evaluation, ranking, and/or selection of a proposer may be the cause for the GNOEC to disqualify the proposer from submitting an SOQ and/or to discontinue any further consideration of such proposer. 4.2 Format General The Selection Review Committee will evaluate firms submitting responses to this RFQ based on the information provided in their SOQ and interviews, if conducted. To allow for a standard basis of evaluation, all SOQs are requested to follow a similar format. Proposers shall submit one original and ten (10) copies of the SOQ. Proposers SOQs shall not exceed fifty (50) pages total in length excluding front and back cover pages, section dividers, signed transmittal letter, legal section, and resumes. See Table A in Section 4.2 for documents that are counted as pages. Font size shall be 12 point. Pages must be 8½ inch by 11-inch white paper, with simple lettered/numbered dividers for each section/subsection. Single-sided pages must be used except for pre-printed information, such as corporate brochures. Drawings, sketches, organization charts or other graphics must be submitted on 11-inch by 17-inch and/or 8 ½ inch by 11-inch whitepaper. The proposer shall number each page. Do not include any design concepts, man-hours or construction cost related to this project with SOQ submittals. 19

20 4.2.2 Organization of SOQ The SOQ should present clearly and accurately the experience, knowledge, and capability of the proposer to meet the requirements of this RFQ and the project. The SOQ should be fully self-contained and should follow the format outlined in Table A below. Information within the statement should reflect consideration of the specific evaluation criteria identified in Appendix D, CMAR Scoring Forms. SOQs must be organized with sections/dividers as follows (Include all of the following): Table A SOQ Section Section Title RFQ Reference Section 1 Transmittal Letter and Proposer SOQ Certification (no overall page limitation for this section): Transmittal Letter (to be signed by duly authorized representatives of all equity members of the proposer s team) A list of Addenda, Questions and Answers listed by date and number; and Proposer SOQ Certification, Form PC, Appendix B (to be provided by all equity partners of proposer) Section 2 Legal Structure and Documents (no overall page limitation for this section): Legal structure or description of proposed legal structure and Form L-1, Appendix B; and Licenses and corporate certifications. Notarized Powers of Attorney; and Organization documents, letters of agreement for JV or partnership 4.3 Section 3 Financial Capacity (no overall page limitation for this section): Verification of proposer s ability to secure Performance Bond and Payment Bond; and Verification of proposer s ability to secure insurance

21 Section 4 Section 5 Section 6 Safety Program (no overall page limitation for this section): Safety Record for the most recent 3 years and OSHA citations and assessed penalties with explanations; and Copy of your firm s OSHA Form 300A Summary of Work Related Injuries and Illnesses for 3 most recent years including recordable incident rates, and lost work time incident rates; and Firms insurance Workers Compensation Experience Modifier Rate (EMR) certification for 3 most recent years; and A copy of the proposers company s safety plan. CD version is acceptable. Firm Experience and Past Performance (no overall page limitation for this section): A brief narrative summary highlighting each firm s relevant experience, past performance, capability, and capacity (a maximum of two pages for each firm is permitted); and Form E-1, Past Project Description, Appendix B (maximum of five projects for the prime and each major subcontractor are permitted), each project shall not exceed three pages in length; and Form PP Past Performance, Appendix B. Describe claims, arbitrations and/or litigation for projects described. Also state any contracts in default or contracts terminated. Proposer Key Personnel (no overall page limitation for this section): Brief job description and duties of each Key Personnel in accordance with Section 4.7 (one-page limit per person); and Form KP, Appendix B, Proposed Key Personnel Information. Key Personnel Resumes (no overall page limit for this section): Organization chart showing all Key Personnel and Entities; and Resumes for Key Personnel (two-page limit per person) Section 7 Project Understanding and Approach (a maximum of 15 pages total for Section 7 is permitted): A narrative describing the proposed management approach and project understanding; and Approach to collaboration and partnering with the GNOEC, Designer, and ICE; and Approach to proactive risk management; and Keys to ensuring a successful project. 4.8 Appendix B Form CI Disclosure of Potential Conflict of Interest Certification

22 The SOQ must be submitted in accordance with these instructions to proposers and the following requirements: A) The SOQ must be accordingly distinguished in a sealed container(s) clearly marked as SOQ Safety Bay Improvement Project. The SOQ, must be delivered to the address identified in Section 2.8; B) The fact that this is a SOQ for the Safety Bay Improvement CMAR project must be clearly shown on the cover of the containers. The name and address of the proposer must be clearly marked on the outside of the containers; C) When sent by United States Postal Service (USPS) or private carrier [i.e., FedEx, DHL, or United Parcel Service (UPS)], the sealed containers must be sent to the GNOEC at the address of and in care of the designated point of contact, and must be received by such designated point of contact no later than the time specified in Section In the alternative, a SOQ may be hand-delivered by the proposer prior to the specified time on the SOQ due date to the designated point of contact; and D) Where certified copies are required, the proposer shall stamp the document or cover with the words Certified True Copy and have the stamp over signed by the proposer s designated point of contact. E) One original and ten certified copies of the SOQs and appendices shall be provided. Also, one searchable pdf with bookmarks shall be provided on a USB Flash drive or CD. The signed original copy must be identified as the original on the cover(s) and all subsequent copies must be marked as Certified Copy of 10 Copies. All copies shall be provided in loose-leaf binders. Bound copies will not be accepted. The document must be organized to correspond with the outline presented in Table A Cover The cover must contain the following relevant data as a minimum: Statement indicating response to: Safety Bay Improvements, GNOEC Project Number 432, Submittal due date and time, Company name (and logo if desired) and other information/graphics as desired Transmittal Letter (No Overall page limitation for this section) Provide a transmittal letter on the proposer s company letterhead identifying the proposer and include an expression of the firm s interest in being selected. Briefly summarize the proposer s background and any distinguishing qualities or capabilities that uniquely qualify the proposer for this project. Identify the contact person for the proposer s submittal, include name, title, phone, and address. Specifically state that reasonable diligence has been exercised in the preparation of the SOQ and that all contents are true, accurate and complete, to the best of the signer s knowledge. Specifically state that no exceptions are taken to the contents of the RFQ or specifically identify and explain any RFQ item to which an exception is taken. Note: Exceptions taken may render an SOQ nonresponsive and exceptions taken may be considered in scoring the SOQ under relevant scoring criteria. Proposer shall list any addenda to this RFQ and sets of questions and answers by dates and numbers as an attachment to this transmittal. 22

23 Proposer shall state they represent and warrant that they have read the RFQ and agrees to abide by the contents and terms of the RFQ and the SOQ. If the proposer consists of more than one entity, all members of the proposer entity agree to accept joint and several liability for performance under the contract. Proposer understands that the GNOEC is not bound to award a contract and may reject each SOQ GNOEC may receive. Proposer further understands that all costs and expenses incurred by it in preparing this SOQ and participating in the project procurement process will be borne solely by the proposer. Proposer shall also state that they agree that the GNOEC will not be responsible for any errors, omissions, inaccuracies, or incomplete statements in this SOQ. The GNOEC, at its option, has the right to request clarification or additional information from the Proposer. This SOQ shall be governed by and construed in all respects according to the laws of the State of Louisiana. Proposers shall promptly report, in writing, any discrepancies, errors and/or omissions detected in this RFQ to the GNOEC. No Proposer will be entitled to additional compensation or consideration for any discrepancy, error and/or omission in this RFQ whether or not reported to the GNOEC. This letter is to be signed by the individual(s) with authority to bind the proposer contractually, provide a Power of Attorney if the entity or proposer is a joint venture. Please address the letter to: Carlton Dufrechou GNOEC 3939 North Causeway Blvd. Suite 400 Metairie, Louisiana Legal Structure and Documents The requirements and information to be provided in Section 2 of the SOQ (See Table A, Section for section organization): 1) Form L-1 Appendix B, Proposers Organization Information and Point of Contact; 2) Evidence of the proposer's and its Principal Participants', if it is an, LLC, or partnership, registration with the Louisiana Secretary of State indicating that the proposer is registered to do business in the State of Louisiana. A commitment signed by authorized representatives of the proposer and its Principal Participants, on non-federal aid projects, to become registered prior to award of the contract. "Authorized representatives" are those representatives that possess notarized Powers of Attorney as set forth in Section 4.2.4; 3) If a Joint Venture, Limited Liability Company, or partnership, include the following: (a) (b) (c) Identity of the Lead Principal Participant of the entity, if any (Form L-1, Appendix B), Percent equity share held by each member (Lead Principal Participant column of Form L-1, Appendix B). Each member of an LLC, or partnership must be an equity partner in the organization, and An express statement from each of the equity partners of the entity as to their joint and several liability; 4) Provide a copy of Louisiana contractor licenses held, including license numbers and note whether licenses are held by the firm, individuals, or sub-consultants on non-federal aid projects. If the Proposer is a joint-venture or other combination of two or more firms, each of the firms must hold the proper license; 23

24 5) Evidence in the form of a Certificate of Authority issued by the Louisiana Secretary of State certifying that the proposer is qualified and authorized to do business in the State of Louisiana (a commitment to become registered prior to award of the Preconstruction Services Contract on non-federal aid projects); 6) Notarized Power(s) of Attorney for each Principal Participant indicating the authority of the Principal Participant's representative to sign for that Principal Participant; 7) Notarized Power(s) of Attorney from each Principal Participant indicating the authority of the proposer's designated point of contact to sign documents for and on behalf of the proposer's organization. 4.4 Financial Capacity: Bond and Insurance Requirements To demonstrate proposer s team members possess the financial capacity to enter into a contract with the GNOEC and the resources to successfully complete the project, proposer shall address the following and submit it under Section 3 of the SOQ: 1) Provide a letter or other written documentation from a surety or insurance company stating that the proposer is capable of obtaining a Performance Bond and Payment Bond in accordance with Table B, covering the project. Letters indicating unlimited bonding capability are not acceptable. Confirmation from the proposer's surety indicating the surety's willingness (or, a Joint Venture of sureties) to provide the performance and payment bonds to the proposer for the project and, if necessary for a particular project, review of financial statements of the proposer and any third-party guarantors that they can support the cash flow necessary for the project. For the surety or insurance documentation, use $45 million as 100% of Contract Amount (see Table B). Table B Payment Bond/Security 100% of Contract Amount (GMP) (see Louisiana Revised Statutes 38:2216) Performance 100% of Contract Amount (GMP) (see Louisiana Revised Statutes 38:2216) 2) Proposers must carry insurance as set forth below. In addition, the selected CMAR will be required to indemnify GNOEC, GNOEC s Consultants and others with respect to claims arising out of the contract or work. The following requirements are mandatory and non-compliance may result in rejection of a Bid or refusal to award a Contract or withdrawal of a Contract. A. QUALIFICATIONS OF SURETIES AND INSURERS. Insurance coverages and bonds, which are required by this contract, shall be written with Sureties and Insurance Companies that are licensed in the State of Louisiana to so do; and shall be placed through and countersigned by an Insurance Agent duly licensed in the State of Louisiana. Such Insurance Companies and Sureties shall have an A.M. Best rating of not less than A-VI. 24

25 B. BONDS Performance Bond: Total Contract Price Labor and Materials Payment Bond: Total Contract Price C. BASIC INSURANCE REQUIREMENTS: 1. Minimum Types of Insurance Required a. General Liability, b. Automobile Liability c. Workers Compensation and Employer s Liability d. Bumbershoot/Umbrella Liability and/or Excess Liability - The Limit of Insurance shall not be less than $50,000,000 per occurrence. If work to be performed by this contract will require the use of marine vessels and equipment then the following additional Special Coverages are required: e. Protection & Indemnity covering the liability arising from use of a vessel and will include Collision & Towers Liability, f. Hull Insurance & Machinery g. Coverage for Jones Act Seaman The Limits of insurance and coverage requirements are more fully described in Section D below. 2. Deductible and/or Self- Insured Retentions and/or Self-Insurance, any and all deductibles and/or self- insured retentions and/or self-insurance in the required insurance policies shall be assumed by and be at the sole risk of the contractor; and subject to approval by the GNOEC and its legal counsel. Deductibles and/or Self-Insured Retentions and/or Self-Insurance in excess of $50,000 shall be disclosed and mutually agreed upon. 3. "Claims Made" policies are not acceptable except with respect to Contractor's Pollution Liability. 4. Notice of Cancellation: All policies shall be endorsed to provide sixty (60) day prior written Notice of Cancellation, non-renewal or adverse material change to GNOEC. 5. Additional Insured: Additional Insured Endorsement naming of GNOEC, its Commissioners, employees, consultants, agents and engineers. The additional insured endorsement shall include coverage for completed Operations. The Contractor acknowledges that the cost of this insurance is included in the Contract Price and that Contractor has been paid for said insurance. 6. Contractors General Liability insurance shall be primary and Noncontributory to any policy(s) purchased by the GNOEC. Further the policy will provide a Per Project Aggregated Endorsement 7. Waiver of Subrogation: Waiver of Subrogation Endorsement to cover both oral and written contracts in favor of GNOEC, its Commissioners, employees, consultants, agents and engineers. 8. Certificate of Insurance: The Contractor shall deliver to GNOEC within ten (10) days after award notification of the contract, Certificates of Insurance (COI) evidencing insurance as required by this Contract. The COI shall include the following attachments: a. Copies of all forms, clauses and endorsements including SIR and Deductible provisions, if 25

26 any, stipulated herein. b. Request to respective Insurers for the required Additional Insured and Waivers of Subrogation endorsements. D. INSURANCE SPECIFICATIONS FOR EACH RESPECTIVE COVERAGE: "Required Coverage" is indicated as such and is mandatory. "Special Coverage(s) is/are also listed and so designated; however, in the event the Contract is expanded or otherwise changed in accordance with written authorization of the GNOEC, the GNOEC has the sole option of revising the insurance specifications hereunder such that any or all of the "Special Coverage" may be amended to "Required Coverages". 1. WORKERS' COMPENSATION: "REQUIRED COVERAGE" State Act- Louisiana Statutory Requirements and Employers Liability is included with a minimum of $1, 000,000 per accident/per disease/per employee. USL&H Federal Act (if applicable) Maritime Employers Liability coverage including TWM&C Employer's Liability Alternate Employer Endorsement in favor of GNOEC, it's Commissioners, employees, consultants, agents and engineers. Note: If the Contractor is participating in an employee leasing arrangement that affects any of the Work for this Project, evidence of a Workers Compensation and Employers Liability Insurance Policy in the name of the Contractor must be furnished and must include all extensions and endorsements as listed above. 2. GENERAL LIABILITY: "REQUIRED COVERAGE" Commercial General Liability Form CG or Pre-approved equivalent. Commercial General Liability insurance, including Personal and Advertising Injury Liability, shall have a minimum limit per occurrence of $1,000,000 and a minimum general aggregate of $2,000,000. Claims made form is unacceptable. Amendment-Aggregate Limits of Insurance (Per Project). CG (II 85) or pre-approved equivalent. Additional Insured Endorsement in favor of GNOEC, its Commissioners, employees, consultants, agents, and engineers CG Boats CG24 14(1185) or Watercraft Exclusion Deleted or Amended as appropriate (if applicable) or pre-approved equivalent. The General Liability policy is required to be endorsed to reflect that a claim "IN REM" will be treated the same as "IN PERSONAM" 3. AUTOMOBILE LIABILITY: "REQUIRED COVERAGE: Automobile Liability Insurance shall have a minimum combined single limit per occurrence of $1,000,000. ISO form number CA (current form approved for use in Louisiana), or equivalent, is to be used in the policy. 26

27 All owned autos Non-owned and hired autos Broad Form Transportation Pollution Form CA 99 48, if applicable 4. BUMBERSHOOT/ UMBRELLA LIABILITY AND /OR EXCESS LIABILITY: "REQUIRED COVERAGE" Limit: $50,000,000 per occurrence Umbrella and/or Excess policies shall not exclude or limit any of the following coverages where applicable: Employers Liability Contractual Liability Commercial General Liability Commercial Automobile Liability Additional Insured Endorsement Policy Form to be "Pay on Behalf of wording". If an Excess Liability Policy is issued, it must be Following Form-Broad as Primary Endorsement. 5. INSTALLATION FLOATER/BUILDERS' RISKS - "REQUIRED COVERAGE" The Owner is to furnish an "All Risk" Installation Floater/ Builders' Risks for this Project. The Contractor shall bear responsibility for all applicable deductibles. 6. CONTRACTOR'S POLLUTION LIABILITY: "REQUIRED COVERAGE" Limit of Insurance not less than $10,000,000. Including the following Coverages: Cleanup Costs and Fines and Penalties Non-owned disposal sites Natural Resource Damage Transportation coverage Note: If policy is written on a claims made form, it is required that the retroactive date precedes the commencement of the Work. 7. AIRCRAFT LIABILITY: "SPECIAL COVERAGE" Limit of Insurance- not less than $5,000,000. Policy shall insure all owned, non-owned and hired aircraft, either fixed or rotary wing, which are employed by the Contractor in performance of this contract. Bodily Injury Liability to passengers 8. HULL & MACHINERY: "SPECIAL COVERAGE" American Institute Hull Clauses (AIHC) All owned and operated vessels to be insured Vessels to be insured to Fair Market Value Extended Adventures and Perils Alterations and Repairs S.R.and C.C 27

28 9. COLLISION AND TOWERS LIABILITY: "SPECIAL COVERAGE" This Coverage to be included under either 8. Hull & Machinery or 10. Protection and Indemnity Limit of Insurance not less than $1,000,000. A. With respect to towing vessels (including but not limited to tugs, push boats, towboats and luggers); Collision and Towers Liability as per lines 78 through 111 of American Institute Tug Form. B. With respect to all vessels other than those vessels mentioned in A. above, Collision Liability as per lines 158 through 184 of American Institute Hull Clauses. 10. PROTECTION AND INDEMNITY: "SPECIAL COVERAGE" SP. 23 Protection and Indemnity Clauses All owned and operated vessels to be insured Limit of Insurance $1,000,000. To Include Liability to/for crew and/or employees if deemed required coverage by GNOEC. Deletion of "Other than Owners", "As Owners" and "Other Insurance" clauses with respect to GNOEC. Third Party Pollution Buy Back Endorsement A Automatic Acquisition Cargo Legal Liability Marine Contractual Liability Removal of Wreck Protection & Indemnity policy shall not have any exclusions relative to divers and/or diving operations; that is to say coverage shall be afforded for a.) Liability to divers and b.) Liability arising out of diving operations. No Exclusion for Specialist Operations (Including but not limited to marine pile driving) 11. MARINE POLLUTION: "SPECIAL COVERAGE" Limit of Insurance - $10,000,000. All owned and operated vessels to be insured To include liability under "OPA 90" and "CERCLA" Limited fines and penalties 12. NAVIGATION LIMITS Inland and Coastal Waters of U.S. between Cameron, Louisiana and Pensacola, Florida. 13. EXCESS P& l AND/OR BUMBERSHOOT LIABILITY: "SPECIAL COVERAGE" If Bumbershoot is written and includes Excess of General Liability, Auto Liability, Employer's Liability of Workers Compensation and Aircraft Liability; Umbrella Policy is not required. Limit of Insurance $50,000,000. To follow terms and conditions of Hull and Machinery, Protection and Indemnity, Collision and/or Towers Liability, Marine Pollution Liability; and other primary "Required Coverages" which are mandatory. 28

29 4.5 Safety Program Proposer shall provide the proposer s safety record for the last three most current periods, providing experience modification rate (EMR) certifications, recordable incident rates, and lost work time incident rates including OSHA Form 300As. All OSHA citations and assessed penalties shall be described and explained. Proposer shall provide as an attachment and not included in the page count, a written copy of the proposers standard Safety plan. (CD copy is acceptable as well). 4.6 Firm Experience and Past Performance The objective is to identify the most qualified proposer available with demonstrated experience, expertise and capacity in and record of producing quality work on projects similar in nature to the project. This section also identifies firms or personnel with a history of legal and financial problems that could adversely impact the project generally. Provide a brief narrative summary of the firm s capability and capacity. Indicate the firm s record of completing contracts on time and within budget and record of managing contracts to minimize delays, claims, litigation and/or arbitration. Particularly discuss experience with CMAR contracts. Also submit Form E-1, Appendix B, for no more than five (5) similar projects highlighting experience in the previous 5 years. Describe those projects having a scope comparable to that anticipated for this project. On Form PP, Appendix B, list claims, litigation or arbitration and contracts that have been terminated. Also list contracts on which the firm has been declared in default. Indicate the status and/or outcome of each. If proposer has no record of claims or litigation or arbitration, then make a statement to that affect. If the form is not submitted or completed, at the discretion of the GNOEC the SOQ may be declared non-responsive or receive a zero score for this factor. 4.7 Proposer Key Personnel This section will identify the proposers that will effectively manage all aspects of the contract in a quality, timely and effective manner and will integrate the different parts of its organization with the GNOEC, Designer, and ICE to effectively manage the CMAR contract. The proposer will identify the best personnel for key management positions with demonstrated experience and expertise in and record of producing quality work on projects of a similar nature to this project. The key management positions for the purposes of the RFQ are listed below. The following provides a brief job description and duties of the Key Personnel functions that could be assigned to the project. The job descriptions and reporting structure below are suggested only, however all functions identified must be met by the proposer in the titles and reporting structure provided. These personnel must be available for the percent time represented in Form KP, Appendix B. The proposer should provide job descriptions, responsibilities, and authority for each working title. The proposer shall also provide an organizational chart for the proposed personnel. Identify and discuss the qualifications of the following Key Members of the team, describe how they will meet the stated project goals including building a professional and collaborative Project Team: 1) Project Principal. (a) Responsible for ensuring that adequate personnel and other resources are made available for this project; (b) will handle contractual matters, and; (c) 29

30 will be ultimately responsible for the quality and timeliness of the CMAR Contractor s performance. State that person's position and authority within the firm. Discuss previous similar projects for which this person has performed a similar function. 2) Project Manager. Overall Project Manager for the CMAR preconstruction services and construction services. This Project Manager is expected to be involved throughout the project and help with continuity in the construction phases. This person will be the main point of communication to the Project Team. Identify any projects that this person will be involved with concurrently and time committed to each project. List recent similar projects for which this person has performed a comparable function. Discuss relevant experience, professional registrations, education, and other components of qualifications applicable to this project. 3) Construction Manager. Responsible for providing key input regarding constructability (and other input) as part of preconstruction services. Responsible for ensuring that the project is constructed in accordance with the design and project requirements. Must be present at the site of work at all times construction is in progress. Has authority to stop work. List recent similar projects for which this person has performed a comparable function. Discuss relevant experience, professional registrations, education, and other components of qualifications applicable to this project. 4) Lead Estimator. Responsible for creating and updating CMAR Contractor cost model. Responsible for the estimating for each milestone (GMP), and any reports required by the GNOEC regarding estimation. Should be an experienced construction cost estimator including experience assessing price and risk as well as discussion of assumptions. 5) Scheduler. Responsible for creating and updating project preconstruction and construction schedules including each project phase and key milestones, deliverables, and dependencies, along with durations for design, preconstruction, procurement, construction management, and construction work. List recent similar projects for which this person has performed a comparable function. Discuss relevant experience, professional registrations, education, and other components of qualifications applicable to this project. 6) Project Superintendent. Responsible for the day to day operations on the construction site and controls the short-term schedule. Coordinates subcontractors and contractor crews along with the quality of the work. Direct and/or oversee the traffic control on the project, order and schedule materials and equipment as needed to complete the job on schedule. More than one can be proposed. 7) Subcontractors Performing More than 20% of Construction. Any sub that performs 20% or more construction. List similar recent projects and the work they will be performing. Describe why the proposing firm has decided to contract with this (these) subcontractor(s) and what they level of expertise they bring to the project. 8) Up to two other people that the proposer considers as key to the success of the project including all subcontractors who will provide special expertise or will perform key tasks. Describe their anticipated roles. Discuss their relevant experience, registration, education, and other elements of qualification applicable to this project. Proposer shall submit resumes in Section 6 of the SOQ for all Key Personnel submitted. In addition to resumes, provide the following information on Form KP, for each Key Personnel: 1) Percent time committed to the project, including percent of time during design, post design and construction activities. 30

31 2) Position, years of experience and education and registrations. 4.8 Project Understanding and Approach This section will identify proposers understanding of the management issues, technical issues, risks associated with the project. The proposer will demonstrate an understanding of how the CMAR process works and how the proposer s organization will contribute to the success of the project and meet the GNOEC s project goals. In addition, the proposers shall demonstrate the understanding of the importance the collaboration and partnering to minimize the risk. Requirements and information to be submitted under Section 7 of the SOQ include: 1) A narrative describing the proposer s understanding of the project scope; 2) A narrative description of the CMAR Contractor s approach to CMAR Project contracting (The narrative should describe the methodology for integrating the CMAR process and the different areas of expertise within the team into an efficient and effective organization. The management approach must reflect an understanding of the use of the CMAR process.); 3) A brief description of how the proposer will use its organization and the CMAR process to ensure a successful project, considering GNOEC s Project Description and scope listed in Section 3.2; 4) Identification of potential risk and potential solutions to any major risk the proposer may see within the scope described in Section 3.2; 5) A description of the approach the firm would take to minimize risk on the project in the preconstruction and construction phases; and 6) A description of the proposer s quality control program, especially for the critical work items in this project listing any work completed by the proposer that has been rejected requiring removal and replacement or retrofit for not meeting the original specification(s), in the past 5 years. 7) Describe the proposer s approach to partnering and collaboration during the preconstruction services and construction services. List projects for the past five (5) years where the proposer has formally partnered with an owner and highlight successes. 5.0 EVALUATION CRITERIA 5.1 Required Information: Pass/Fail Evaluation Factors Each SOQ must achieve a rating of pass on any Pass/Fail Evaluation Factor on the Transmittal Letter and the items listed in Sections 1-4 as described below to receive further consideration. Failure to achieve a pass rating on any Pass/Fail Evaluation Factor may result in the SOQ being declared non-responsive and the proposer being disqualified. The Pass/Fail Evaluation Factor includes the following elements: 1) A properly executed Form PC Proposer SOQ Certification, (Appendix B); 2) Transmittal letter as described in Section 4.2.4; 31

32 3) Proposer s Organization Information, and Form L-1 (Appendix B); 4) Copies of licenses and corporate certifications; 5) Powers of attorney; 6) Organization documents, letter of agreements if joint venture; 7) Performance and Payment Bond and Insurance in accordance with Section 4.4; and 8) Submittal of Safety Documents required in Section Firm Experience and Past Performance To demonstrate experience, expertise, competence, capability, and capacity in, and a record of producing quality work on projects similar to the project. The following shall be submitted under Section 5: 1) A brief, narrative summary of the capability and capacity of the proposer s prime and major subcontractors related to CMAR delivery and/or similar projects. Summaries shall be a maximum of two pages for each firm; the format is at the discretion of the proposer. 2) Firm Experience: Using Form E-1 Appendix B (Past Project Description), show the proposer s experience by providing at least three but no more than five project descriptions for the prime and each major subcontractor. If CMAR is a joint venture or partnership, each member or partner shall submit independent Forms. For the projects in which several of the proposed contractors were involved, proposers may provide a single project description. Highlight experience in the past 5 years on completed projects having a scope comparable to that anticipated for the project. Describe the experiences that the prime and major subcontractors could apply to this project. Form E-1 shall be completed in its entirety. Include claims or legal history, numbers, and dollars submitted and final results for each project. Form E-1, must demonstrate experiences in the following areas: (a) Construction of projects of similar size, scope, and complexity; (b) Experience of team members working together as an integrated team; (c) Construction/reconstruction using innovative designs, methods, and materials; (d) Implementation of complicated staging and traffic handling; Insert project specfic needs, the following are examples: (e) Accelerated construction of major elements common to this porject; (f) Staged bridge construction over existing freeway and railroad; (g) Construction of jointed plain concrete pavement and/or continuously reinforced concrete pavement; (h) Innovative retaining wall design to reduce construction timeline and impacts; (i) Coordinating work and traffic control with adjacent contracts performing similar highway work, (i.e. water and sewer). 3) Form PP, Appendix B, Completed in its entirety. If proposer has no record of claims or litigation or arbitration, then make a statement to that affect. If the form is not submitted or completed, at the discretion of the GNOEC the SOQ may be declared non-responsive or receive a zero score for this factor. 32

33 See Appendix D, CMAR Scoring Forms, for more information. 4) The safety record for the last three most current periods, including experience modification rate (EMR) certifications, recordable incident rates, and lost work time incident rates including OSHA Form 300As, will be evaluated and scored. All OSHA citations and assessed penalties shall be described and explained. An isolated incident will not be reason for a negative score, but a pattern will be reason for a low score on safety. 5.3 Preferred Key Personnel Proposer will be graded on qualifications of the proposed key personnel outlined in Section 4.7. Experience that may be conducive to the CMAR process, most specifically partnering and projects that require significant collaboration which may be of same size and nature of the project, should be highlighted. Proposer must show the ability to prepare a robust cost model, schedule, and estimate that meets the scope described in Sections 2.1 and 2.4, perform all work described in the scope of work, and construct the work within time and budget. See Appendix D, CMAR Scoring Forms, for more information. 5.4 Project Understanding and Approach Proposers shall demonstrate the following: (i) an understanding of and approach to the management, technical aspects, and maintenance of traffic issues and risks associated with the project; (ii) an understanding of and approach to how the CMAR process and the proposer s organization will contribute to the success of the project and meet GNOEC s project goals; and (iii) an understanding of risk identification and mitigating processes, and the teaming relationship between the CMAR proposer and GNOEC, Designer, and ICE. Successful proposers will have demonstrated the following: 1) A clear understanding and identification of project scope and elements and an understanding of project local and regional significance, and the relationships of the project elements and constraints and their effect on the project; 2) An understanding of how the CMAR process works and how they will integrate the key personnel into the process; 3) The ability to prepare a robust and transparent cost model and a realistic working schedule for preconstruction for construction purposes and use; and the ability to prepare a reasonable estimate of construction cost inside a manageable cost model; 4) The ability to advise the GNOEC, from the point of view of a contractor, regarding constructability, phasing, and other input; 5) An approach to identifying and managing risk that includes proactive elements and/innovative ideas intended to be utilized on this project including partnering and collaboration with the GNOEC and all other parties involved. The skills and knowledge to identify and communicate potential risks (including financial risks) and methods to mitigate; and 6) Other requirements noted in Section 4.8. See Appendix D, CMAR Scoring Forms and Instructions, for more information. 6.0 EVALUATION AND SELECTION PROCESS 6.1 Overview This is a qualifications-based selection process as authorized by La. R.S. 38: The initial activity will involve an evaluation and scoring of each proposer s qualifications and relevant 33

34 experience, as indicated in its SOQ and interview. Within 30 days after the deadline for the responses to the RFQ, a selection review committee chosen by the GNOEC and identified in the RFQ shall make a written recommendation to the GNOEC as to which proposer should be awarded the Preconstruction Services Contract. 6.2 Initial Responsiveness Review Each SOQ will initially be reviewed for: (i) the Statement of Qualification's conformance to the RFQ instructions regarding organization and format; and (ii) the responsiveness of the proposer to the requirements set forth in the RFQ. Proposers submitting SOQs not responsive to this RFQ may be excluded from further consideration. GNOEC may also exclude from consideration any SOQ that contains a material misrepresentation. To qualify for evaluation, the SOQ must have been submitted on time to the proper location and materially satisfy all requirements identified in this document. SOQs may be considered non-responsive and may be rejected for any of the following reasons: A) If the SOQ is submitted in a format other than that furnished or specified by the GNOEC; if it is not properly signed; if the Form of Proposal is altered except as contemplated herein; if any form included is altered to either add, delete, or change the form in any way (other than expanding forms in order to properly include all required information); or if any part of the required format is deleted from the SOQ package; B) If the SOQ or any portion thereof is illegible or contains any omission, erasures, alterations, or items not called for in the RFQ or contains unauthorized additions, conditional qualifications, or other irregularities of any kind, and if the GNOEC determines that such irregularities make the SOQ incomplete, indefinite, or ambiguous as to its meaning; C) If the proposer adds any provisions reserving the right to accept or reject an award or to enter into a contract following award; D) If the proposer does not submit the required surety bond letter, and/or if requested E) Information deemed material by the GNOEC is not provided; and F) If for any other reason the GNOEC determines the SOQ to be nonresponsive. 6.3 Selection Review Committee The Selection Review Committee will be composed of no more than five (5) individuals as follows, a design professional in the discipline of but not involved in the project, one licensed contractor in the discipline of but not involved in the project, one representative of the GNOEC, and two members at large. For this project, the following will constitute the Selection Review Committee: (a) One design professional in the discipline of but not involved in the project. (b) One licensed contractor in the discipline of but not involved in the project. (c) One representative of the owner. (d) Two members at large. 6.4 Non-Scored SOQ Categories Each non-scored category of a responsive SOQ will be evaluated on a non-scored pass/fail basis. For a SOQ to achieve a passing rating, each of the requirements must meet the minimum requirements as set forth in Sections

35 6.5 Scored SOQ Categories Each scored category of a responsive SOQ will be evaluated and scored by the Selection Review Committee according to the following, using the scoring form provided in Appendix D: 1) Firm Experience and Past Performance. The SOQ will be evaluated against the criteria established under Sections 4.5, 4.6 and ) Proposer Organization and Key Personnel. The SOQ will be evaluated against the criteria established under Sections 4.7 and ) Project Understanding and Approach: The SOQ will be based on the criteria established under Sections 4.8 and 5.4. The Selection Review Committee SOQ evaluations will result in a ranked list of all proposers. The top three (3) and a maximum of five (5) proposers will be included on a short list. All proposers will be notified of their ranking by the GNOEC and a ranked listed will be posted on the GNOEC s website. The short-listed firms will be invited to participate in presentations/interviews. 6.6 Interviews The GNOEC will invite the short-listed proposers to participate in a presentation/interview. The GNOEC will require that each firm be represented by the persons with whom GNOEC staff will be directly conducting the day-to-day business of the project as proposed in the SOQ. Presentations/interviews may include an oral presentation by the firm and/or a question and answer period. The presentation/interview will be scored in accordance with Appendix D. 6.7 Presentation/Interview Instructions A specific schedule and additional instructions for the interview will be provided to each proposer short-listed. 6.8 Ranking and Firm Selection Following presentations/interviews with the short-listed proposers, the Selection Review Committee will establish the final ranking, according to the proposer s final point totals (score), based on the following: Maximum Achievable Points Submitted SOQ score 52 points Interview Total Available Points 25 points 77 points Each member of the Selection Review Committee will rank all firms by those qualifications to provide the CMAR services as listed in the evaluation criteria in Appendix D, CMAR Scoring Form. Each committee member will score each proposer. Those scores for each proposer will be tallied and divided by the number of committee members. The result will be the proposer s final score. The GNOEC will then finalize the Preconstruction Services Contract and a recommendation for award will be sent to the Commission for review and approval. Once the Commission has approved the selection, the GNOEC will notify the highest-ranking firm via . 35

36 6.9 Protests Protest Procedures This section sets forth the exclusive protest remedies available with respect to this RFQ. Each proposer, by submitting its SOQ, expressly recognizes the limitation on its rights to protest contained herein, and expressly waives all other provided herein, will be final and conclusive. These provisions are included in this RFQ expressly in consideration for such waiver and agreement by the proposers Protests Regarding RFQ Documents In accordance with La. R.S. 38: , proposers may only protest the selection of the CMAR Contractor on the grounds of (a) fraud, (b) bias for pecuniary or personal reasons not related to the taxpayers interest, or (c) arbitrary and capricious selection by the GNOEC. Protests regarding this RFQ shall be filed only after the proposer has informally discussed the nature and basis of the protest with GNOEC in an effort to remove the grounds for protest. Each proposer, by submitting its SOQ, expressly recognizes the limitation on its rights to protest contained herein, expressly waives all other rights and remedies, and agrees that the decision on any protest, as provided herein, will be final and conclusive. These provisions are included in this RFQ expressly in consideration for such waiver and agreement by the proposers. If a proposer disregards, disputes, or does not follow the exclusive protest remedies set forth in this RFQ, it shall indemnify, defend, and hold the GNOEC and its directors, officers, officials, employees, agents, representatives, and consultant harmless from and against all liabilities, expenses, costs (including attorneys fees and costs), fees, and damages incurred or suffered as a result of such proposer s actions. The submission of a SOQ by a proposer will be deemed the proposer s irrevocable and unconditional agreement with such indemnification obligation Written Protest Only All protests must be in writing. Protests must be delivered to Melissa Phillpott (Protest Official) at the following address: GNOEC 3939 North Causeway Blvd. Suite 400 Metairie, Louisiana All protests must be submitted within five calendar days from the selection. Any protest not set forth in writing within the time limits specified in these procedures is null and void and will not be considered Protest Contents All Protests must include the following information: A) The name and address of the proposer; B) The Project number; C) A detailed statement of the nature of the protest and the grounds on which the protest is made; and D) All factual and legal documentation in sufficient detail to establish the merits of the protest. Evidentiary statements must be provided under penalty of perjury. The protestor shall have the burden of proving its protest by clear and convincing evidence. 36

37 No hearing will be held on the protest, but it will be decided on the basis of the written submissions by the Protest Official or his designee Protest Decision The Protest Official or his designee will issue a written decision regarding any protest within seven calendar days, at which time the GNOEC will not proceed with the procurement until after the written decision is issued. The decision issued in writing by the Protest Official or his designee is the final decision of GNOEC. No further right of appeal is granted herein. 7.0 Additional Information 7.1 GNOEC Rights The GNOEC reserves the right to reject any or all SOQs, to waive any informality or irregularity in any SOQ received, and to be the sole judge of the merits of the respective SOQs received 7.2 Rules of Contact The rules are designed to promote a fair, unbiased, legally defensible procurement process. The GNOEC is the single source of information regarding the CMAR procurement. The following rules of contact will apply during CMAR procurement for the project, and commenced on the date of the advertisement of the RFQ. Contact includes face-to-face, telephone, facsimile, , or formal written communications. Any contact determined to be improper, at the sole discretion of the GNOEC, may result in disqualification: 1) A proposer or any of its team members must not communicate with another proposer or its team members with regard to the project, this RFQ or either proposer s SOQ, except that subcontractors that are shared between two or more proposers may communicate with their respective proposer team members so long as those proposers establish a protocol to ensure that the subcontractor will not act as a conduit of information between proposers. Contact among proposer organizations is allowed during GNOEC sponsored informational meetings; 2) The proposers shall correspond with the GNOEC regarding this RFQ only through the GNOEC s and proposer s designated representatives; 3) The proposers shall not contact any GNOEC employees, including, GNOEC heads or Commissioners; GNOEC Consultants, GNOEC legal counsel, members of the Selection Review Committee, CMAR Procurement Team, including the GNOEC Project Manager and Independent Cost Estimator, and any official who will participate in the decision to award the contract regarding the project except through the process identified above. 4) Any communications determined to be improper, at the sole discretion of the GNOEC, may result in disqualification, at the sole discretion of the GNOEC; 5) Any official information regarding the project will be disseminated from the GNOEC s designated point of contact on GNOEC letterhead. Any official correspondence will be in writing and signed by the GNOEC s designated point of contact; The GNOEC will not be responsible for any verbal exchange or any other information or exchange that occurs outside the official process specified herein. 7.3 Personnel Substitutions or Changes It is a requirement of the GNOEC that the proposer s organization, including, major subcontractors and key management personnel, identified in the SOQ remain intact for the duration of the procurement process including the subsequent Preconstruction Services Contract 37

38 and Construction phase. A proposer may propose substitutions for participants after the SOQ submittal. However, such changes will require written approval by the GNOEC, which approval may be granted or withheld in the GNOEC s sole discretion. Requests for changes must be made in writing. Requests for changes in any subcontractor responsible for performing more than 20% of the construction, or Specialty Subcontractors will be particularly scrutinized. A rejection of the requested change by the GNOEC, or the failure of the proposer to request GNOEC approval of the change, may result in the disqualification of the proposer. If the proposer wishes to change any of the Key Personnel presented by the proposer in its SOQ, the proposer must submit a request to change its organization in writing. If a request is made to change any Key Personnel, the proposer shall submit with its request that information specified for that Key Personnel in the RFQ, including a resume. The GNOEC specifically reserves the right to accept or reject the requested change. A rejection of the requested change by the GNOEC, or the failure of the proposer to request approval of the change, may disqualify the proposer from participating in the Construction Services Contract. The proposer's submission of a SOQ in response to this RFQ is an acknowledgment and certification that the proposer is committed to assigning the resources identified in its SOQ, including Key Personnel and other staff identified by name, equipment, material, supplies, and facilities to complete this project if the proposer is awarded the contract, to the extent that assigning these resources remains within the control of the proposer. 38

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