greater new orleans expressway commission€¦ · safety bay improvements r.f.q. no. 2017-432-01 ....

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

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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



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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 [email protected].

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



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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



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SECTION B

REQUEST FOR QUALIFICATIONS



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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:



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Greater New Orleans Expressway Commission

ATTN: Melissa Phillpott


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.



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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/



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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.



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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



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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.



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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



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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.



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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.



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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.



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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


Metairie, LA 70002

[email protected]

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.”

mailto:[email protected]



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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.



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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



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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:



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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:



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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.



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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

greater new orleans expressway commission€¦ · safety bay improvements r.f.q. no. 2017-432-01 ....

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