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GREATER NEW ORLEANS EXPRESSWAY COMMISSION
3939 N Causeway Blvd #400, Metairie, LA 70002 (504) 835-3118
www.thecauseway.us
REQUEST FOR QUALIFICATIONS
FOR
PROFESSIONAL DESIGN ENGINEERING SERVICES FOR
THE GREATER NEW ORLEANS EXPRESSWAY COMMISSION
SAFETY BAY IMPROVEMENTS
R.F.Q. No. 2017-432-01
Greater New Orleans Expressway Commission Design Engineering RFQ
Safety Bay Improvements
Page 2 of 23
TABLE OF CONTENTS
SECTION A PUBLIC NOTICE FOR DESIGN ENGINEERING SERVICES
SECTION B REQUEST FOR QUALIFICATIONS
EXHIBIT A SCOPE OF SERVICES
EXHIBIT B SAMPLE CONTRACT
EXHIBIT C AFFIDAVIT REQUIRED BY LA. R.S. 38:2224
EXHIBIT D ATTESTATION OF PAST CRIMINAL CONVICTIONS La. R.S. 38:2212.9
Greater New Orleans Expressway Commission Design Engineering RFQ
Safety Bay Improvements
Page 3 of 23
SECTION A PUBLIC NOTICE
FOR DESIGN ENGINEERING SERVICES
To be published one time Legal – ________
Publication Jefferson, Louisiana
PUBLIC NOTICE FOR
DESIGN ENGINEERING SERVICES SAFETY BAY IMPROVEMENTS
The Greater New Orleans Expressway Commission (hereinafter referred to as the
“GNOEC”) is seeking Statements of Qualifications from qualified firms interested in
providing design engineering services for the GNOEC Safety Bay Improvements. The
purpose of this RFQ is to 1) establish a list of qualified firms to design the Safety Bay
Improvements; 2) obtain initial competitive design/development proposals from
qualified firms; and 3)select the qualified firm with the most advantageous
design/development proposal to perform the services.
Responses to this RFQ will be evaluated by GNOEC Evaluation Committee to establish
the firms or individual’s qualifications. Up to five qualified firms, based on the criteria
set forth herein, will be selected to provide an initial design proposal for the Safety Bay
Improvements. The qualified firms will enter into a contract with the GNOEC and will
be awarded a $20,000 stipend for the design/development services. Based upon the
designs/developments submitted, the GNOEC will then select the qualified firm
presenting the design and cost opinion that is most advantageous to the GNOEC to
provide the services.
Statement of Qualifications shall be submitted within the guidelines established in the
Request for Qualifications package. Interested firms shall obtain a hard copy of the
official Request for Qualifications (RFQ) package from the GNOEC at 3939 N. Causeway
Blvd, Ste. 400, Metairie, Louisiana 70002 or electronic copy from the GNOEC website
(thecauseway.us). Additionally, the firm selected for this project will be required to
execute a contract with the GNOEC substantially similar to the Sample Contract
attached as Exhibit B to this RFQ. Any questions or problems related to the download of
the RFQ package should be directed by email to Melissa Phillpott at melissa@gnoec.org.
Respondents must deliver an original and seven copies of the Statements of
Qualifications and an electronic copy on a CD-ROM in PDF on or before May 1, 2017, 5
PM. CST in a sealed container plainly marked as follows:
Greater New Orleans Expressway Commission
ATTN: Melissa Phillpott
3939 N Causeway Blvd #400
Metairie, LA 70002
Greater New Orleans Expressway Commission Design Engineering RFQ
Safety Bay Improvements
Page 5 of 23
Statement of Qualifications that have not been received by the aforementioned date and
time will be rejected. Additionally, failure to submit all of the information requested
shall be considered non-responsive and may result in the Qualification Statement being
rejected.
The GNOEC is an Equal Opportunity Employer. Therefore, all respondents are
encouraged to utilize minority participation to the extent possible through the use of
small, disadvantaged, and women-owned businesses as suppliers or sub-contractors.
The members of the GNOEC request that all design professionals, subcontractors,
contractors, vendors or others involved with this project not contact any commission
member concerning this project during the selection process period.
Additionally, the members of the GNOEC request that the design professionals submit
requested information only. Unless otherwise stated or required by the instructions, all
other attachments or embellishments shall be excluded.
The GNOEC will tentatively meet June 7, 2017, to select up to five Design Professionals
to provide competitive design/development proposals for the Safety Bay Improvements.
In accordance with the Americans with Disabilities Act, if you need special assistance,
please call the GNOEC at 504-835-3118, describing the assistance that is necessary. The
GNOEC reserves the right to reject all of the submittals in response to this Request For
Qualifications.
GREATER NEW ORLEANS EXPRESSWAY COMMISSION CARLTON DUFRECHOU GENERAL MANAGER
Greater New Orleans Expressway Commission Design Engineering RFQ
Safety Bay Improvements
Page 6 of 23
SECTION B
REQUEST FOR QUALIFICATIONS
Greater New Orleans Expressway Commission Design Engineering RFQ
Safety Bay Improvements
Page 7 of 23
GREATER NEW ORLEANS EXPRESSWAY COMMISSION
REQUEST FOR QUALIFICATIONS FOR PROFESSIONAL DESIGN ENGINEERING
SERVICES
1.0 Introduction
This Request for Qualifications (”RFQ”) is issued by the Greater New Orleans
Expressway Commission (hereinafter referred to as the “GNOEC”).
The purpose of this RFQ is to 1) establish a list of qualified firms to design the Safety
Bay Improvements; 2) obtain initial competitive design/development proposals from
qualified firms; and 3) select the qualified firm with the most advantageous
design/development proposal to perform the design services.
Responses to this RFQ will be evaluated by GNOEC Evaluation Committee to
establish the firm’s qualifications. Up to five qualified firms, based on the criteria set
forth herein, will be selected by the GNOEC to provide design/development
proposals for the Safety Bay Improvements. The qualified firms will enter into a
contract with the GNOEC contract substantially similar to the Sample Initial
Agreement attached as Exhibit B and will be awarded a $20,000 stipend for the
design/development services. Based upon the designs/developments submitted, the
GNOEC will then select the qualified firm presenting the design and cost opinion
that is most advantageous to the GNOEC and presents the least impact to our
commuters.
Design Professional will be responsible for providing all software, equipment,
materials and labor necessary to complete Scope of Services, Exhibit A. Qualified
Respondents will be required to execute an agreement substantially similar to the
Sample Initial Agreement attached as Exhibit B. Thereinafter, the firm with the
design and cost opinion that is most advantageous to the GNOEC and presents the
least impact to our commuters selected to provide the design services will be
required to execute a contract substantially similar to the EJCDC E-500 2014
Standard Form Agreement Between Owner & Engineer for Professional Services.
GNOEC reserves the right to modify or discontinue this RFQ at any time without any
obligation to any Respondent. All costs of preparation of responses shall be borne by
Respondents. The GNOEC will not reimburse any expense incurred by any
Respondent.
Respondents must deliver an original and seven copies of Statements of
Qualifications (“responses”) and an electronic copy on a CD-ROM in PDF on or
before May 1, 2017, 5 PM, CST in a sealed container plainly marked as follows:
Greater New Orleans Expressway Commission Design Engineering RFQ
Safety Bay Improvements
Page 8 of 23
Greater New Orleans Expressway Commission
ATTN: Melissa Phillpott
3939 N Causeway Blvd #400
Metairie, LA 70002
RESPONSES RECEIVED AFTER THE DEADLINE WILL NOT BE CONSIDERED
RESPONSIVE AND WILL NOT BE REVIEWED.
2.0 Background
The GNOEC manages the Lake Pontchartrain Causeway Bridge, which connects the
north and south shores of Lake Pontchartrain. The Causeway Bridge spans 23.87
miles and is the longest bridge over water in the world. The Bridge has parallel
spans made of monolithically cast precast prestressed concrete spans supported by
over 9,000 prestressed concrete pilings. The south span opened to the public in
1956, and the north span opened in 1969. Each Causeway span is two lanes and
provides drivers with one-way driving on straight, railed surfaces. The two spans
are 84 feet apart and are connected by seven crossovers that function as pullover
areas for auto emergencies. The bascule bridge at the north marine crossing is the
only movable bridge on the Causeway and allows passage of marine traffic with
unlimited height. The Causeway has an automated toll collection system at the
North Toll Plaza. The bridge electrical system components consist of a high voltage
electric transmission system serviced from both the north and south shores,
transformer and switch-gear units, SCADA, fiber optic communication, marine
radar tracking, DMS system, pull boxes, and CCTV Surveillance Cameras.
The GNOEC seeks to retain qualified engineering firms to submit initial design
proposals for the design of the Safety Bay Improvements as more fully described in
Exhibit A.
Responses to this RFQ will be evaluated by GNOEC Evaluation Committee to
establish the firms qualifications. Up to five qualified firms, based on the criteria
set forth herein, will be selected by the GNOEC to provide a design/development
proposals for the Safety Bay Improvements.
The qualified firms selected to provide design/development proposals will enter
into an initial agreement with the GNOEC and will be awarded a $20,000 stipend
for their design/development services.
Based upon the design/development proposals submitted, the GNOEC will then
select the qualified firm presenting the design and cost opinion that is most
advantageous to the GNOEC and presents the least impact to our commuters.
Greater New Orleans Expressway Commission Design Engineering RFQ
Safety Bay Improvements
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3.0 Anticipated Schedule
Activity Description Date Issuance of RFQ RFQ advertised on
GNOEC’s website and other publications
April 7, Friday
RFQ Inquiry Deadline Respondents submit questions through GNOEC’s designated email address
April 17, Monday
GNOEC’s Deadline to Respond to Inquiries
GNOEC posts all inquiries and responses on GNOEC’s website
April 24, Monday
RESPONSES DUE Respondents submit RESPONSES
May 1, Monday
Evaluation of RESPONSES
Evaluation Committee Reviews RESPONSES
May 2 - 8
Interviews If necessary to make a selection
May 9- 15
Commission selects up to five Qualified Firms
Initial Agreement executed, insurance provided by Design Professional
June 7, Wednesday, Commission meeting
DESIGN/ DEVELOPMENT PROPOSALS DUE
Qualified Firms submit PROPOSALS
Sept 19, Monday
Final SELECTION by the Commission of the most advantageous design proposal
Design Phase Begins Nov 8, Wednesday, Commission meeting
Contract Begins Contract Begins With 45 days of Selection
4.0 Questions and Communications
Respondents SHALL NOT initiate contact or communication with any elected or
appointed official of the GNOEC, GNOEC’s employees, contractors or the Selection
Committee regarding this RFQ until after the award of contract(s) or until
cancellation of this RFQ.
Questions concerning this RFQ shall be submitted via email to Melissa Phillpott no
later than April 17. All inquiries together with responses thereto will be posted by
GNOEC at www.thecauseway.us on or before April 24.
Information regarding past engineering work performed for the GNOEC can be
downloaded from the GNOEC website at www.thecauseway.us/
Greater New Orleans Expressway Commission Design Engineering RFQ
Safety Bay Improvements
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5.0 Procurement Process Objectives
To engage a qualified Design Professional based upon initial design proposals to
perform design engineering work for the GNOEC Safety Bay improvements as
more fully described in Exhibit A.
GNOEC specifically reserves the right to evaluate responses and/or design
proposals and request additional information to supplement or explain responses
and/or design proposals.
GNOEC reserves the right to select the design professional which is in the best
interest of the GNOEC and to reject all responses and/or design proposals, if in
the best interest of GNOEC.
A design proposal or response submitted to the GNOEC under this RFQ may be
rejected if it contains misrepresentations or conceals any material facts, if it does
not conform to this RFQ, or if it is deemed in the best interest of the GNOEC to
reject the response or proposal.
GNOEC reserves the right to waive any minor informalities or irregularities in
any response or design proposal.
Issuance of this RFQ in no way constitutes a commitment by GNOEC to award a
contract.
All materials submitted in response to this RFQ become the property of the
GNOEC. Selection or rejection of a proposal does not affect this right.
Only information which is in the nature of legitimate trade secrets or non-
published financial data may be deemed proprietary or confidential. Any material
within a proposal identified as such must be clearly marked in the proposal and
shall be handled in accordance with the Louisiana Public Record Act, R.S. 44: 1-
44 and applicable rules and regulations. Any proposal marked as confidential or
proprietary in its entirety may be rejected without further consideration or
recourse.
GNOEC shall not be responsible for any errors in proposals or responses.
GNOEC reserves the right to make corrections or amendments to the RFQ due to
errors identified in proposals by GNOEC or the Respondent. GNOEC, at its
option, has the right to request clarification or additional information from the
Respondent. If requested, such information shall be provided within fourteen
(14) days of request.
This RFQ is being issued utilizing the “Competitive Negotiation Procedure for
Professional Services.”
6.0 Evaluation Criteria
Responses will be reviewed by the Evaluation Committee.
Greater New Orleans Expressway Commission Design Engineering RFQ
Safety Bay Improvements
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The Evaluation Committee shall consist of three engineering professionals with
design engineering experience selected by the GNOEC. The Committee will review
responses to the RFQ and present a list of qualified firms to the GNOEC.
Responses should contain information sufficient to enable the Evaluation
Committee to properly evaluate Respondent’s qualifications for achieving the
project objectives.
The Evaluation Committee will rely on the qualitative information contained and
presented in the responses and reference checks in making the decision to select the
most qualified firms to provide services for the GNOEC. Evaluation criteria will be
based on:
1. Firm's organization and experience.
2. Key staff experience, current workload of firm and availability of proposed core
team.
3. Project approach and firm’s understanding of project.
4. Local, minority-owned, small, woman-owned, veteran-owned or otherwise
designated as a disadvantaged business participation and mentoring.
5. Other relevant items not covered above.
From the list of qualified firms, the GNOEC will select up to five qualified firms to
prepare design/development proposals for the Safety Bay Improvements. The
selected firms must submit design/development proposals by September 19, 2017.
Based upon the design proposals submitted, the GNOEC will then select the
qualified firm presenting the design and cost opinion that is most advantageous to
the GNOEC and presents the least impact to our Commuters.
7.0 Requirements for Responses
Responses must be bound and printed on 8.5” x 11” paper. Seven printed copies
and an electronic copy on a CD-ROM in PDF must be submitted.
All responses must be typed or written in ink. Any erasures, strikeover and/or
changes should be initialed by Respondent.
All responses must be signed by an individual with authority to bind Respondent.
Written addenda issued prior to opening which modifies the RFQ shall become a
part of the RFQ and shall be incorporated within the contract. Only a written
interpretation or correction by addendum shall be binding. Respondents shall
not rely upon any interpretation or correction given by any other method.
Respondent must perform at least 75% of work in house. The greater amount of
work performed in house is desirable. If the Respondent intends to subcontract
for remaining portions of the work, the Respondent shall include specific
Greater New Orleans Expressway Commission Design Engineering RFQ
Safety Bay Improvements
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designations of the tasks to be performed by the Subcontractor. Information and
performance required of the Respondent under the terms of this RFQ is also
required for each Sub-Design Professional. Unless provided for in the contract
with GNOEC, the Prime-Design Professional shall not contract with any other
party for furnishing any of the work and consulting services herein contracted for
without the express written approval of the GNOEC. GNOEC encourages the use
of State-certified Disadvantaged Business Enterprises (DBEs). Respondents
proposing to subcontract with Disadvantaged Business Enterprises will be
required to report information about the work performed by the DBE firm(s).
Responses shall be organized in the following manner:
1. Cover Letter
Provide name and address of the firm and contact person with address, telephone
number, and email address. Acknowledge receipt of any addenda if applicable.
Summarize your understanding of the services requested. Provide a statement
indicating your ability to provide timely services and meet the requirements of
the proposed schedule. Indicate your acceptance of the requirements of this RFQ.
In addition to the cover letter, provide a one-page summary of the benefits you
believe the GNOEC would receive from selecting your firm.
The cover letter must be signed by the individual respondent or a duly authorized
official of the firm. Consortiums, joint ventures, or teams submitting responses
must establish that contractual responsibility rests solely with one company or
one legal entity. Each submittal should indicate the entity responsible for
execution of the agreement on behalf of the proposal team. The firm offer must
be good for 180 days.
2. Firm Organization
Provide information on the organization of your firm, including the year it was
established, any former names, and a description of the firm, its history and
philosophy. Also include the firm’s capacity for timely completion of the work,
taking into consideration the firm’s then current and projected work load and
professional and support manpower.
3. Experience and Qualifications
Provide a listing of projects completed by the proposed firm and staff within the
last five years that include the same or similar services required for this request.
Include any bridge, movable bridge, highway, toll road or evacuation route
construction projects.
Greater New Orleans Expressway Commission Design Engineering RFQ
Safety Bay Improvements
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Provide résumés or a listing of information for you or each full time person in
your firm who will provide engineering services to the GNOEC. State the
educational background of each individual, years of experience, length of
employment with your firm, project dollar amounts, and size.
Provide an organizational chart identifying who will provide the contracted
services. The engineering firm will be contractually obligated to not reassign key
staff members to other projects without the GNOEC’s prior written consent. The
GNOEC will have approval rights of any and all new personnel assigned to this
project.
4. Past and current professional accomplishments.
5. Description of the firm’s engineering administration philosophy.
Describe your typical interactions with owners throughout the process. The
GNOEC will consider the firm or individual’s approach to project completion,
and assurance of quality of the completed project for the GNOEC.
6. Current workload of firm and specific personnel assigned to this project.
Include specific percentage of time each key team member will devote to this
project. The GNOEC will consider the firm or individual’s capacity for timely
completion of the work, taking into consideration current and project work-load
and professional and support manpower including local office support capability.
7. Project approach
Describe your understanding of the project and your approach to projects of this
scope and budget. Describe your firms project approach detailing the method or
approach used to perform the aspects of the scope of services. This should
include, but not be limited to how contract conformance, quality control, and
quality assurance will be implemented, and how a culture of safety will be
maintained.
8. Experience with bridges of similar scale and scope. Minimum experience of
five (5) years is required. Include the following:
a. Name and location of project
b. Project description and scope of services provided
c. Completion date
d. Budget
e. Client contact
f. Public or private work
g. List of similar project in the past five (5) years
Greater New Orleans Expressway Commission Design Engineering RFQ
Safety Bay Improvements
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9. The nature, quality and value of GNOEC work previously or presently being
performed by the firm;
10. References (3). Firm shall provide a list with contact information of agencies
that have requested your services.
11. Past performance on public projects.
8.0 Supplemental Requirements
All firms or individuals submitting proposals must carry a minimum of
$5,000,000 in primary general liability and auto liability insurance with a
$5,000,000 umbrella, and $5,000,000 in Professional Liability Coverage.
The State of Louisiana Code of Governmental Ethics (“Ethics Code”) places
restrictions on awarding contracts to persons employed by any agency of the
GNOEC, or any business of which he or his spouse has more than a 25% interest.
The Ethics Code also prescribes other restrictions against conflict of interest and
establishes guidelines to assure that appropriate ethical standards are followed.
Questions regarding potential violation of the Ethics Code, should be directed to
the Louisiana Board of Ethics prior to submission of the Proposal. Any violation
of the Ethics Code shall be grounds for disqualification of Proposal or
cancellation of contract.
If Respondent is placed in default by GNOEC for failure to accept the contract
after notification of award, for failure to timely deliver, or for otherwise
unsatisfactory performance, Respondent may be subject to up to six months
suspension from bidding or responding to any request for qualifications or
proposals by GNOEC. Respondent shall be ineligible to perform work for the
project or any part of the project for which Respondent has been placed in
default.
Greater New Orleans Expressway Commission Design Engineering RFQ
Safety Bay Improvements
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EXHIBIT A
SCOPE OF SERVICES
Overview: The Greater New Orleans Expressway Commission (GNOEC) owns and operates the
Lake Pontchartrain Causeway Toll Bridge and Approach Road network. The GNOEC is a
bi-parish(county) public agency organized under the constitution of the State of
Louisiana. The 24-mile long bridge crossing Lake Pontchartrain serves as a vital
commuting artery for the New Orleans metropolitan region connecting New Orleans,
Jefferson Parish and Interstate 10 on the south shore with St. Tammany Parish and
Interstate 12 on the north shore. The Causeway also acts as a primary hurricane
evacuation route for the New Orleans metro area for hurricanes and other emergencies.
Project Description:
The Causeway Bridge consists of two separate, parallel bridges that are approximately
84’ apart. The original span (today’s southbound bridge) has two lanes was completed
in 1956. Its companion span (northbound bridge) also has two lanes and was completed
in 1969. Currently, both bridges have a width of 28’. This width is comprised of 2 lanes
at 12’ and 2 offsets of 2’. The bridges are connected by seven crossovers that are spaced
at approximately 4 mile intervals. Each crossover is about 84’ by 84’. The seven
crossovers are the only emergency stopping areas available currently. In the decades
since the 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 project will
widen the Causeway Bridges to provide a shoulder in at least six locations southbound
and six locations northbound. Preferably, the shoulders will be midway between each of
the existing crossovers. Photograph of examples on Chesapeake Bay Bridge follow.
Greater New Orleans Expressway Commission Design Engineering RFQ
Safety Bay Improvements
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This project will upgrade the existing bridge without closing/impacting traffic flows. The project will significantly benefit commuter safety by more than doubling emergency stopping area; reducing the time that Causeway lanes are closed due to breakdowns and crashes; and minimize congestion and bottlenecks, which in turn can create incidents and or induce secondary crashes/injuries. The benefit of the upgrade would be a safer, more modern facility.
Greater New Orleans Expressway Commission Design Engineering RFQ
Safety Bay Improvements
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EXHIBIT B
INITIAL AGREEMENT FOR PROFESSIONAL
ENGINEERING SERVICES
The Greater New Orleans Expressway Commission (hereinafter called “GNOEC or Owner”) and
______________________ (hereinafter called “Design Professional”) hereby enter into this
Agreement (the “Agreement”) on the terms, conditions, and provisions set forth herein below.
1) Scope of Services The GNOEC hereby contracts with the Design Professional to
provide an initial design/development proposal for the Safety Bay Improvements for the
Causeway. The Scope of Services for the initial design/development as set forth in RFQ
No. 2017-432-01 are attached hereto and incorporated as Exhibit “A.”
2) Ownership of drawings. Copies of plans, drawings, specifications, surveys, and other
documents or other materials required to be delivered under this Agreement ("Work
Product") are the exclusive property of the GNOEC. The GNOEC and Design
Professional intend that the Work Product be deemed "work made for hire," of which the
GNOEC is deemed the author. If for any reason Work Product is not deemed "work made
for hire" Design Professional hereby irrevocably assigns to the GNOEC all of its right,
title and interest in and to such Work Product, whether arising from copyright, patent,
trademark, trade secret, or any other state or federal intellectual property law or doctrine.
Design Professional shall execute such further documents and instruments as the GNOEC
may reasonably request in order to fully vest such rights in the GNOEC.
3) Notices. Any notices or demand required to be provided herein shall be sent by certified
mail and electronic mail to the address listed below:
TO: GREATER NEW ORLEANS EXPRESSWAY COMMISSION
Attn: Carlton Dufrechou
General Manager
3939 N Causeway Blvd #400
Metairie, LA 70002
cdufrechou@gnoec.org
TO: DESIGN PROFESSIONAL
4) Schedule. The selected firms must submit design/development proposals by September
19, 2017.
Any additional schedule requirements applicable to Design Professional’s services are set
forth in RFQ No. 2017-432-01 attached hereto and incorporated as Exhibit “A.”
Greater New Orleans Expressway Commission Design Engineering RFQ
Safety Bay Improvements
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5) Term. Design Professional shall commence the services as stipulated in this Agreement
upon execution of this Agreement and upon the GNOEC’s receipt of proof of insurance
as required by this Agreement. Unless terminated earlier in writing by the GNOEC, this
Agreement shall terminate upon selection of the firm presenting the design and cost
opinion for the Safety Bay design that is most advantageous to the GNOEC and presents
the least impact to commuters.
6) Compensation. Design Professional shall be paid $20,000.00 for the services to be
provided herein.
All payments hereunder shall be tendered to Design Professional upon completion of the
Work as detailed in Section 1.
7) Termination for Cause. Should the Design Professional at any time refuse or neglect to
prosecute the work covered by this Agreement, with promptness and diligence, or fail in
the performance of any of the agreements herein contained, the GNOEC may, at its
option, after twenty-four (24) hours written notice to the Design Professional terminate
this Agreement.
8) Termination for Convenience. Notwithstanding the foregoing, the GNOEC may, at
any time, by written notice to Design Professional, terminate (without prejudice to any
other right or remedy of the GNOEC) the whole or any portion of this Agreement for the
convenience of the GNOEC. Design Professional shall be paid for work performed
through the date of termination. In no event shall Design Professional have any claim for
payment for work not performed, nor, any claim for anticipated profits in work not
performed.
9) Indemnity. Design Professional agrees to defend, indemnify and hold harmless the
GNOEC, and their employees and Commissioners, from and against cost, expense or
liability (including reasonable attorneys' fees), attributable to bodily injury, sickness,
disease or death, or to damage to or destruction of property, to the extent caused by the
performance of the Work by Design Professional, or their agents, or employees but only
to the extent said claim results from the negligence of Design Professional, or their
agents, or employees. Design Professional’s obligation hereunder shall not be limited by
the provisions of any workmen’s compensation or similar act.
Should any person other assert a claim or institute a suit, action or proceeding against the
GNOEC involving the manner or sufficiency of the performance of the Work, Design
Professional shall upon request of the GNOEC promptly assume the defense of such
claim, suit, action or proceeding, at Design Professional’s expense, and Design
Professional shall indemnify and hold harmless the GNOEC and its agents and
employees, from and against any liability, loss, damage or expense arising out of or
related to such claim, suit, action or proceeding.
Greater New Orleans Expressway Commission Design Engineering RFQ
Safety Bay Improvements
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10) Insurance.
Worker’s Compensation
a) State Statutory
b) Employer’s Liability Each Accident - $5,000,000
Disease - Policy Limit - $5,000,000
Disease - Each Employee - $5,000,000
Comprehensive or Commercial General Liability (including Premises-Operations,
Independent Contractor’s Protective, Products and Completed Operations, Broad
Form Property Damage):
a) Bodily Injury $5,000,000 Each Occurrence
and
Property Damage Combined $5,000,000 Products - Completed
Operations Aggregate
b) Products & Completed Operation to be maintained for two (2) years after
final payment.
c) Property Damage Liability Insurance shall provide X, C and U coverage.
d) Broad Form Property Damage Coverage shall include Completed
Operations.
e) Contractual Liability.
f) Personal Injury, with Employment Exclusion deleted.
Business Auto Liability (including owned, non-owned, and hired vehicles):
a) Bodily Injury and Property Damage $5,000,000 Each Occurrence
Combined
If the General Liability coverages are provided by a Commercial Liability Policy;
the:
a) General Aggregate shall be not less than $5,000,000 & it shall apply, in
total, to this Project only.
b) Fire Damage Limit shall not be less than $50,000 on any one fire.
Excess Liability:
$5,000,000 over primary underlying General, Automobile, and Employer
Liability policies
Professional Errors and Omissions for claims arising from negligent performance
of design services by Design Professional in the minimum amount of $5,000,000
and shall be written on a claim made basis. Any professional liability insurance
shall specifically delete any design-build or similar exclusions that could
compromise coverages because of the design-build delivery of the project.
Other Provisions
a) Additional Insured - Design Professional shall provide endorsements on
Greater New Orleans Expressway Commission Design Engineering RFQ
Safety Bay Improvements
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General Liability, Automobile and Umbrella policies naming the GNOEC and
their employees, officers, directors, and agents of all of them as an additional
insured on a primary non-contributory basis.
b) Waiver of Subrogation - Design Professional shall provide endorsements in
favor of the GNOEC and their employees, officers, directors, and agents of all
of them, on Worker's Compensation, General Liability, Automobile, and
Umbrella policies, where such policies are so required. These must be noted
on certificate of insurance in force.
c) Notice of Cancellation - Design Professional shall maintain such insurance in
force during the life of the Agreement and no modification or change of
insurance shall be made without thirty (30) days written advance notice to the
GNOEC.
d) All of Design Professional’s insurance shall be considered primary and
non-contributory with any other insurance maintained by the GNOEC.
Design Professional shall maintain all coverages required herein for a
period of five (5) years following Substantial Completion of the Project.
In addition, such policies of insurance shall cover and include all contractually
assumed liability of Design Professional hereunder.
Design Professional shall furnish to GNOEC Certificates of Insurance and copies
of policies evidencing all such insurance upon selection.
11) Statutory Employer. For the purposes of this Agreement, GNOEC and Design
Professional jointly agree, stipulate and recognize that GNOEC shall be the statutory
employer of any and all of Design Professionals employees and/or all employees of any
Design Professionals hired or retained in any manner by Design Professional and /or any
other person for whom Design Professional may be held responsible, while any of the
above described persons are performing any work or providing any services under this
Agreement. GNOEC and Design Professional further stipulate, agree and recognize that
all work performed under the Agreement between GNOEC and Design Professional shall
be considered part of GNOEC’s trade, business or occupation and shall be specifically
considered an integral part of or essential to the ability of GNOEC to generate its goods,
products or services. Nothing herein shall relieve Design Professional from its
responsibility to maintain workers compensation insurance for its employees or relieve
any Design Professional from its obligation provide and maintain workers compensation
insurance during the term of this Agreement. The parties expressly agree that the
recognition of Statutory Employer is made pursuant to and only for the purposes of La.
R.S. 23:1061 of the Louisiana Workers Compensation statute. The GNOEC is granted
the exclusive remedy protection of La. R.S. 23:1032.
12) Disputes. Any controversy or claim arising out of or related to this Agreement or breach
thereof shall be settled as follows:
Greater New Orleans Expressway Commission Design Engineering RFQ
Safety Bay Improvements
Page 21 of 23
First by Mediation. The cost of the mediation shall be paid in equal parts by the GNOEC
and the Design Professional. If mediation fails, or is not conducted within 30 days of
request by either party, then by arbitration in accordance with the Construction Industry,
Arbitration Rules of the American Arbitration Association. The Arbitration shall occur
in Jefferson Parish, Louisiana.
13) Choice of Law. This Agreement and any disputes arising hereunder shall be governed
by Louisiana law.
14) Severability. The provisions of this Agreement are severable. Should any provision of
this Agreement be unenforceable, the remaining provisions shall remain valid and
binding. The parties agree that all provisions of this Agreement, which by their nature
will survive termination of the Design Professional's Work hereunder.
15) Exercising care. Design Professional agrees to perform its services under this
Agreement in accordance with the degree of skill and care ordinarily exercised by similar
practicing professionals performing similar services under similar conditions.
This Agreement is made and signed, in multiple originals, this ______ day of ___________,
2017.
DESIGN PROFESSIONAL: THE GREATER NEW ORLEANS
EXPRESSWAY COMMISSION:
______________________________
BY: BY:
Its: __________________________ CARLTON DUFRECHOU
GENERAL MANAGER
Print Name: Print Name:
Date: Date:
Greater New Orleans Expressway Commission Design Engineering RFQ
Safety Bay Improvements
Page 22 of 23
EXHIBIT C AFFIDAVIT REQUIRED BY LA. R.S. 38:2224
STATE OF LOUISIANA
PARISH OF _____________________
AFFIDAVIT REQUIRED BY LA. R.S. 38:2224
PROJECT: DESIGN ENGINEERING SERVICES FOR THE SAFETY BAY IMPROVEMENTS FOR
THE GREATER NEW ORLEANS EXPRESSWAY COMMISSION
BEFORE ME, the undersigned Notary Public, duly commissioned and qualified for the aforesaid state
and parish, personally came and appeared:
___________________(“Affiant”), who after being sworn did depose and state:
1. Affiant is a duly authorized representative of _____________(“Contractor”) which has been selected to
perform design engineering services for the Greater New Orleans Expressway Commission (GNOEC”)
pursuant to a public contract;
2. Contractor has not and will not employ any person, corporation, firm, association, or other
organization, either directly or indirectly, to secure the public contract for the Project with the GNOEC
under which Affiant or Contractor, will receive payment, other than persons regularly employed by the
Affiant or Contractor whose services in connection with the professional engineering services for the
GNOEC or project or in securing the public contract were in the regular course of their duties for Affiant
or Contractor;
3. No part of the contract price to be received by Affiant or Contractor was paid or will be paid to any
person, corporation, firm, association, or other organization for soliciting the public contract, other than
the payment of normal compensation to persons regularly employed by the Affiant or Contractor, whose
services in connection with professional engineering services for the GNOEC or project were in the
regular course of their duties for Affiant or Contractor.
___________________
Signature of Affiant
___________________
Printed Name of Affiant
___________________
Name of Contractor
SWORN TO AND SUBSCRIBED before me this ____ day of ______________, 2017.
______________________________ Notary Public / Notary I.D. No.
Greater New Orleans Expressway Commission Design Engineering RFQ
Safety Bay Improvements
Page 23 of 23
EXHIBIT D
ATTESTATION OF PASTS CRIMINAL CONVICTIONS LA. R.S. 38:2212.9
STATE OF LOUISIANA
PARISH OF _____________
ATTESTATION OF PAST CRIMINAL CONVICTIONS La. R.S. 38:2212.9
PROJECT: DESIGN ENGINEERING SERVICES FOR THE SAFETY BAY
IMPROVEMENTS FOR THE GREATER NEW ORLEANS EXPRESSWAY
COMMISSION
Appearer, does hereby attest that:
A. No individual who has a minimum ownership interest of five percent (5%), or more, in the
bidding entity named below has been convicted of, or has entered a plea of guilty or nolo
contendere to any State felony crime or equivalent Federal felony crime committed in the
solicitation or execution of a contract or bid awarded under the laws governing public contracts
under the provisions of Chapter 10 of this Title, professional, personal, consulting, and social
services procurement under the provisions of Chapter 16 of Title 39 of the Louisiana Revised
Statutes of 1950, or the Louisiana Procurement Code under the provisions of Chapter 17 of Title
39 of the Louisiana Revised Statutes of 1950.
B. If the bidding entity named below is the lowest bidder and evidence is submitted
substantiating that any individual with a minimum ownership interest of five percent (5%), or
more, in the lowest bidder has been convicted of, or has entered a plea of guilty or nolo
contendere to any State felony crime or equivalent Federal felony crime committed in the
solicitation or execution of a contract or bid awarded under the laws listed Section A above, and
the Greater New Orleans Expressway Commission rejects the lowest bid, the bidding entity
named below whose bid is rejected shall be responsible to the Greater New Orleans Expressway
Commission for the costs of rebidding, the increased costs of awarding to the second low bidder,
or forfeiture of the bid bond, whichever is higher.
___________________ ____________________________ NAME OF BIDDER NAME OF BIDDER’S AUTHORIZED
SIGNATORY ___________________ ____________________________ DATE TITLE OF BIDDER’S AUTHORIZED
SIGNATORY
__________________________________ SIGNATURE OF BIDDER’S AUTHORIZED
SIGNATORY
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