Board of Commissioners of the Port of New Orleans. Request for Proposals for Standby Contract for Emergency Debris and Waste Removal APRIL 7, 2016

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1 Board of Commissioners of the Port of New Orleans Request for Proposals for Standby Contract for Emergency Debris and Waste Removal APRIL 7, 2016 Deadline for response submittal of bids is no later than MAY 12, 2016 by 12 p.m. Point of Contact: Ryan Bylsma Board of Commissioners Port of New Orleans 1350 Port of New Orleans Place New Orleans, La T

2 TABLE OF CONTENTS STANDBY CONTRACT FOR EMERGENCY DEBRIS AND WASTE REMOVAL dbepart I. SUMMARY... 5 GENERAL SCOPE... 5 CONTACTS... 6 Part II. INSTRUCTIONS TO BIDDERS... 8 BID QUANTITIES... 8 PRICES QUOTED... 8 COMPENSATION... 8 AFFIDAVITS... 9 AFFIDAVIT OF NON-COLLUSION, ATTESTATION CLAUSE... 9 ETHICS DISCLOSURE... 9 INSURANCE REQUIREMENTS AUDIT REQUIREMENTS TRANSPORTATION WORKERS IDENTIFICATION CREDENTIALS Part III. REQUIREMENTS TO RESPOND TO THIS RFP SUBMITTAL REQUIREMENTS TO RESPOND TO THIS RFP DBE/SBE PARTICIPATION EVALUATION CRITERIA OF THE RFP BID RESULTS MISCELLANEOUS Part IV. GENERAL CONDITIONS OF THE CONTRACT CONTRACTOR S UNDERSTANDING MATERIALS, EQUIPMENT, APPLIANCES AND EMPLOYEES DEBRIS AND WASTE HANDLING ROYALTIES AND PATENTS PROTECTION OF WORK AND PROPERTY INDEMNITY PERFORMANCE BOND AND CONTINUING OBLIGATIONS TAXES WAIVER OF CLAIMS CHANGE IN SCOPE OF WORK PERFORMANCE USE OF BOARD PROPERTY ESTIMATED QUANTITIES PAYMENT AND PERFORMANCE BONDS/ SURETY LETTER PAYMENT/INVOICES RECORDS AND RIGHT TO AUDIT SAFETY PUBLIC ENTITY CRIMES CONFLICT OF INTEREST COLLUSION

3 CONTRACTOR S PERSONNEL RESERVATION OF BOARD S RIGHTS SUBCONTRACTING CONTINUING THE WORK JURISDICTION Part V. CONTRACT DESCRIPTION SCOPE OF SERVICES AND BID ITEMS A. CLEARING AND/OR REMOVING DEBRIS AND WASTE B. MANAGEMENT AND OPERATION OF THE BOARD S DEBRIS MANAGEMENT SITE C. HAUL OUT D. STUMPS E. CUTTING PARTIALLY UPROOTED OR SPLIT TREES (LEANERS) F. REMOVAL OF DANGEROUS HANGING LIMBS (HANGERS) G. STORM DEPOSITED SILT-CANALS AND DITCHES H. CLEANING AND CLEARING OF DRAIN LINES I. CLEANING AND CLEARING OF CATCH BASINS AND INLETS J. FILL DIRT K. DEAD ANIMALS L. MARINE DEBRIS REMOVAL M. CREOSOTE TIMBER PILING REMOVAL N. TIRE REMOVAL O. POWER AND LIGHT SOURCES P. EMERGENCY ROAD CLEARANCE OTHER ITEMS NATIONAL INCIDENT MANAGEMENT SYSTEM (NIMS) TRAINING ASSISTANCE IN DEBRIS MANAGEMENT OPERATIONS ADDITIONAL SERVICES AND MATERIALS Part VI. TERMS AND CONDITIONS REVISIONS QUESTIONS AND COMMENTS AWARD HOLD HARMLESS EXCLUSIONS DISCLOSURE SUBMITTALS REQUIRED UPON PROVISIONAL AWARD ACKNOWLEDGEMENT AND ACCEPTANCE PART VII. PRICING SCHEDULE

4 A. CLEARING AND/OR REMOVING DEBRIS FROM THE STREETS/ROADS B. MANAGEMENT AND OPERATION OF DMS TO ACCEPT, PROCESS, AND REDUCE DISASTER RELATED DEBRIS C. HAUL OUT D. STUMPS E. CUTTING PARTIALLY UPROOTED OR SPLIT TREES (LEANERS) F. REMOVAL OF DANGEROUS HANGING LIMBS (HANGERS) G. STORM DEPOSITED SILT-CANALS AND DITCHES H. CLEANING AND CLEARING OF STORM DRAIN LINES I. CLEANING AND CLEARING OF CATCH BASINS AND INLETS J. FILL DIRT K. DEAD ANIMALS L. MARINE DEBRIS REMOVAL M. CRESOTE TIMBER PILING REMOVAL N. TIRE REMOVAL O & P. POWER AND LIGHTING SOURCES EMERGENCY ROAD CLEARANCE. 44 BID FORM NON COLLUSION DECLARATION ATTESTATION CLAUSE E-VERIFY AFFIDAVIT PAST CRIMINAL CONVICTIONS OF BIDDERS ATTESTATION (LA. R.S. 38:2227) THE BOARD OF COMMISSIONERS PORT OF NEW ORLEANS NON-SOLICITATION AND UNEMPLOYMENT AFFIDAVIT REQUIRED SIGNATURE PAGE FOR PROPOSALS PERFORMANCE AND PAYMENT BOND ACKNOWLEDGEMENTS Exhibit A-DMS Requirements Exhibit B-Price Schedule Exhibit C-PONO SF Exhibit D-Instructions PONO SF

5 Part I. SUMMARY STANDBY CONTRACT FOR EMERGENCY DEBRIS AND WASTE REMOVAL REQUEST FOR PROPOSAL Notice is hereby given that the Board of Commissioners Port of New Orleans is issuing a Request for Proposal (RFP) from firms licensed to do business in Louisiana interested in being considered for award of a professional services contract for Standby Contract for Emergency Debris and Waste Removal in the event of a manmade or natural disaster at the Port of New Orleans for a two year contract on an as-needed basis. Interested firms may obtain the RFP via the Port of New Orleans website at under the PROCUREMENT page under HOME, then under REQUEST FOR PROPOSALS, or directly at this website address: The RFP contains information and instructions on submitting the proposal. In addition, the same website has the form PONO SF that can be downloaded and used for submitting qualifications for the contract. The evaluation of proposals and award of the contract will be scheduled as set forth in the RFP. All interested qualified firms are invited to submit their proposal and that of any sub-consultants proposed to perform the services outlined in the RFP. The RFP describes the evaluation factors that will be used in recommending a firm to receive the award. Failure to submit all the information required on the form PONO SF will constitute a non-response. Qualification statements are to be submitted only on the Board s PONO Standard Form for this solicitation. The response submittal to the RFP consists of four bound copies and one original of forms PONO SF-102 firm wishes to be evaluated and one original price proposal sealed within its own envelop. In addition, one flash drive with all required documents shall be provided. The sealed envelope or box containing all required documents shall be titled Request for Proposals for Standby Contract for Emergency Debris and Waste Removal. Submittals shall be mailed or delivered (no facsimile nor ) to the Board of Commissioners Port of New Orleans, Ms. Catherine C. Dunn, P.E., Director of Port Development, 1350 Port of New Orleans Place, New Orleans, Louisiana not later than twelve noon, local time, on Thursday, May 12, Deliveries are only accepted Monday thru Friday, excluding holidays, from 8 a.m. to 4 p.m. The Port of New Orleans encourages participation of DBE/SBE firms as stated in the RFP. Inquiries shall be directed to Mr. Ryan Bylsma by only at bylsmar@portno.com. GENERAL SCOPE These services will not be authorized until such time as a Notice to Proceed has been issued to the lowest, responsive, responsible bidder to whom a contract is awarded, in the event of a natural or manmade disaster. The successful bidder shall provide under one contract all superintendence, labor, tools, equipment, materials, transportation, and all other facilities and incidentals of every description, to perform all work required for emergency debris and waste removal under this standby contract subsequent to a natural or man-made disaster that affects the property owned, or administered, or under the control of the Board of Commissioners Port of New Orleans, herein referred to as Board Property. Such Board property lies within the Louisiana civil parishes of Jefferson, Orleans, and St. Bernard, i.e. the jurisdiction of the Board 5

6 of Commissioners Port of New Orleans. All work shall be performed in an acceptable manner and in accordance with the requirements of these Contract Documents, in strict conformity therewith, and to the satisfaction of the Board, at the prices bid for a period of 365 calendar days after bid opening date. Examples of debris types include vegetative, construction and demolition, vessels, vehicles, and dirt in ditches and drainage structures. Debris may be required to be taken directly to a landfill for disposal or temporarily staged at a Temporary Debris Management Site operated by the contractor. All work shall be performed in an acceptable manner and in accordance with the requirements of these Contract Documents, in strict conformity therewith, and to the satisfaction of the Board. The Proposer shall certify that their company is a licensed General Contractor in the State of Louisiana with a Specialty in Non-Hazardous and Hazardous Waste Treatment and Removal. Proposer must submit a copy of the license with the proposal and be in good standing with the State regulatory body. Award will be made as described further in the RFP but will be based on a combination of price and non-price factors. All Bids must be in accordance with the Proposal Documents on file with the Port of New Orleans. Complete Bidding Documents may also be obtained at the Contract Administration Office on the 2 nd floor, Room 203, at the above address free of charge. In accordance with LSA R.S. 38:2212 (A) (1) (e), electronic Bidding Documents may also be accessed at the Port Plan Room found on the Port of New Orleans website site at Request- For-Proposals. If request for proposal documents is made through U.S. mail or other delivery services, proposer must furnish a street mailing address and will be held responsible for service fees. CONTACTS To request proposal Documents, as well as general information or questions related to bidding, contact: Ms. Antonia Taylor Phone: (504) taylora@portno.com Technical questions should be addressed to the following: Mr. Ryan Bylsma bylsmar@portno.com These individuals are not authorized to and shall not render legal opinions or advice. No information will be given regarding the proper evidence of corporate authority as required in this bid. Each bidder is advised to consult his own counsel for such information. Please be advised that these individuals are not the legal representatives of the Board. The Board, as an equal opportunity public entity, invites and encourages the participation of Disadvantaged Business Enterprises (DBE) in the provision of goods and services. DBE, as defined in 49 CFR 23, shall have equal opportunity to compete for and perform subcontracts which the contractor enters into pursuant to this contract. 6

7 THE PORT OF NEW ORLEANS RESERVES THE RIGHT TO REJECT ANY AND ALL PROPOSALS IN ACCORDANCE WITH THE LAW AND TO MAKE ANY AWARD IN THE BOARD'S BEST INTEREST. 7

8 Part II. INSTRUCTIONS TO BIDDERS Port of New Orleans (Standby Contract for Emergency Debris and Waste Removal) We propose to enter into a contract with the Board within 60 calendar days after Notice of Award. We propose to begin the work within ten (10) calendar days after the date set forth in the Notice to Proceed, subsequent to execution of the contract with the Board. The right is reserved to reject all bids, to waive informalities, and to reject nonconforming, non-responsive, or conditional bids, and to make award in the Board's best interest in accordance with the Laws of the State of Louisiana. BID QUANTITIES. For all unit price contracts, the quantities appearing on the Bid Form are to be considered as approximate only, and are prepared for the evaluation of bids. Payment to the successful Bidder will be made only for the actual quantities of work performed and accepted by Board in accordance with the contract. There shall be no mark ups on bid prices. The scheduled quantity under each bid item may be increased, decreased, or deleted after award of contract in accordance with the provisions of the Contract Documents. To be considered responsive, there shall be no blank bid items prices on the completed bid form. PRICES QUOTED. Prices quoted shall be complete, so as to cover every cost, expense, tax or charge incurred by the Contractor in performance of the contract, including but not limited to any and all sales and use taxes payable by Contractor, which might otherwise be charged against the Board. COMPENSATION. Compensation for services will be based on the unit prices submitted to the Board in response to the RFB. The Contractor shall invoice the Board based these prices and actual quantities and no other costs unless agreed upon by PONO staff in writing ahead of time. All removals and disposals of regulated materials and/or materials containing regulated substances must be in accordance with all local, state, and federal environmental and worker safety regulations. Whenever required under BID FORM, the Contractor shall quote the UNIT PRICE or LUMP SUM by filling in the appropriate blank in the BID FORM. Prior to submission, the Contractor shall complete the BID FORM by extending the UNIT PRICES using the respective APPROXIMATE QUANTITIES, and/or by extending the LUMP SUMS. The Contractor shall add the ITEMS TOTALS and write the sum in the TOTAL AMOUNT OF THE BID blank. Following the opening of bids, the BID FORMS will be checked by the Board for mathematical errors. In the event a discrepancy is found, the UNIT PRICE and LUMP SUM shall govern over the ITEM TOTAL and TOTAL AMOUNT OF THE BID as entered on the submitted BID FORM. In the event of such a discrepancy, the 8

9 accurate summation of corrected ITEM TOTALS shall constitute the TOTAL AMOUNT OF THE BID. AFFIDAVITS AFFIDAVIT OF NON-COLLUSION, ATTESTATION CLAUSE Pursuant to the provisions of LSA R.S. 38:2224, the successful bidder will be required to execute an affidavit attesting that the public contract was not and will not be secured through employment or payment of any solicitor. ETHICS DISCLOSURE The Board calls the attention of all potential bidders to the Louisiana Ethics Code, La. R.S. 44:_et seq. Those laws prohibit the Board from doing business with any of its current commissioners or those who have served on the Board within the past two years or, from doing business with certain companies with which the following persons are connected: 2016 Commissioners: Gregory R. Rusovich Scott Cooper William T. Bergeron Michael W. Kearney Robert R. Barkerding Laney Chouest, Jr. Arnold B. Baker Commissioners who served during the past two years: Joseph F. Toomey Daniel F. Packer, Jr. 9

10 INSURANCE REQUIREMENTS Before a contract can be executed and become effective, the Contractor shall furnish to the Board's risk manager original, manually signed certificates evidencing that it has procured the insurance herein required. Current insurance certificates must be provided for the coverages required herein during the entire term of this agreement. The Consultant shall furnish originals of all required insurance policies to the Board before commencing any work. All insurance shall be written with insurance companies authorized and licensed to do business in the State of Louisiana and acceptable to the Board (Best's rating A-, VI, or better). Self-insurance programs authorized by the Commissioner of Insurance of the State of Louisiana for workers' compensation insurance are acceptable with the submission of a notarized copy of the Consultant s authority to self-insure. All insurance required herein shall be primary to any similar insurance that may be carried by the Board for its own protection. Except for the workers' compensation insurance, the Board shall be named as an additional insured on all policies required herein. All insurance policies required herein, as well as any other insurance carried by the Consultant for its protection or the protection of its property on the contract shall provide that the insurers waive any rights of subrogation in favor of the Board. All policies required herein shall provide for thirty (30) calendar days written notice of cancellation or material change to be sent to the Board at P.O. Box 60046, New Orleans, Louisiana Attention: Risk Manager. For additional information contact the Board s Risk Manager at (504) All insurance policies herein required shall remain in full force and effect for the duration of the contract. If any insurance required herein is canceled or materially changed and not immediately replaced during the term of this contract the Board reserves the right to purchase insurance at the expense of the Consultant to protect the Board's interest. The furnishing of insurance shall not relieve the Consultant of the responsibility for losses not covered by insurance. The Board makes no representation or warranty that the insurance the Board requires will be sufficient to protect the Consultant s interests. The Consultant shall be responsible for the full amount of any deductible associated with any of the insurance policies required herein. A combination of primary and excess insurance may be used to satisfy the insurance requirements. The insurance requirements are as follows: 1. General Insurance Requirements 10

11 a. Insurance Companies: All insurance shall be written with insurance companies authorized and licensed to do business in the State of Louisiana and acceptable to the Board (Best's rating A-, VI, or better). Self-insurance programs authorized by the Commissioner of Insurance of the State of Louisiana for workers' compensation insurance are acceptable with the submission of a notarized copy of the contractor's authority to self insure. b. Primary Insurance: All insurance required herein shall be primary to any similar insurance that may be carried by the Board for its own protection. c. Insurance Certificates: Before this contract becomes effective, Contractor shall furnish to the Board's risk manager original, manually signed certificates evidencing that it has procured the insurance herein required. Current insurance certificates must be provided for the coverages required herein during the entire term of this agreement. d. Named Insured: Except for the workers' compensation insurance and the professional liability insurance, the Board shall be named as an additional insured on all policies required herein. In those instances where the Contractor is to do work on a site the Board leases to a tenant, Contractor shall have the tenant named as an additional insured on Contractor s CGL policy. Contractor shall inquire of the Board which tenant is to be so named, if the Board has not notified the Contractor. e. Waiver of Subrogation: All insurance policies required herein, as well as any other insurance carried by the Contractor for its protection or the protection of its property on the site shall provide that the insurers waive any rights of subrogation in favor of the Board. f. Notice of Cancellation: All policies required herein shall provide for thirty (30) days written notice of cancellation or material change to be sent to the Board at P.O. Box 60046, New Orleans, LA 70160, Attention: Risk Manager. g. Maintaining Insurance: All insurance policies herein required shall remain in full force and effect for the duration of the contract. If any insurance required herein is canceled or materially changed and not immediately replaced during the term of this contract the Board reserves the right to purchase insurance at the expense of the Contractor to protect the Board's interest. The 11

12 furnishing of insurance shall not relieve the Contractor of the responsibility for losses not covered by insurance. h. No Representation or Warranty: The Board makes no representation or warranty that the insurance set forth in this Section will be sufficient to protect the Contractor's interests. i. Deductibles: The contractor shall be responsible for the full amount of any deductible associated with any of the insurance policies required herein. 2. Comprehensive General Liability Insurance - Contractor shall procure and maintain at Contractor's sole cost and expense comprehensive general liability insurance (on an occurrence basis) with limit of liability of not less than two million dollars ($2,000,000) for all injuries or deaths resulting to any one person or from any one occurrence. The aggregate limit for products and completed operations shall be not less than two million dollars ($2,000,000). The limit of liability for property damage shall be not less than two million dollars ($2,000,000) for each occurrence and aggregate. Coverage under such insurance shall also include damage hazards. This insurance shall include coverage for explosion, collapse and underground property damage hazards, completed operations and a broad form contractual endorsement. Where contractor's operations include the use of water craft, the water craft exclusion in the comprehensive general liability policy shall be eliminated. A combination of primary and excess liability insurance may be used to satisfy the conditions of this paragraph. 3. Comprehensive Motor Vehicle Liability Insurance - Contractor shall procure and maintain at contractor's sole cost and expense comprehensive motor vehicle liability insurance which shall include hired car and non-ownership coverage with limit of liability of not less than two million dollars ($2,000,000) for all injuries or deaths resulting to any one person or from any one occurrence. The limit of liability for property damage shall be not less than two million dollars ($2,000,000) for each occurrence and aggregate. 4. Workers' Compensation Insurance - Contractor shall procure and maintain at Contractor s sole cost and expense workers compensation insurance which will protect Contractor from claims under the Louisiana Workers Compensation Act (LSA 23:1021, et. seq.). If Contractor s employees qualify for compensation benefits under the provisions of the federal Longshoremen's and Harbor Workers' Compensation Act (33 USC 901, et. seq.), Contractor shall also procure and maintain insurance which will protect Contractor from claims under the LHWCA. The limits of liability under the employer s liability section of the workers compensation policy, 12

13 as well as both compensation schemes, shall be not less than one million dollars ($1,000,000). If Contractor s employees qualify for compensation benefits for injury or death under the provisions of the Jones Act (46 USC 688, et. seq.) and under the general maritime law, Contractor shall also procure and maintain insurance to cover such claims with a limit of not less than one million dollars ($1,000,000). 5. Railroad Protective Insurance In accordance with the requirements of this Board, and the railroads as described below: Contractor shall carry railroad protective liability insurance with combined single limit for bodily injury liability, and physical damage to property of two million dollars ($2,000,000) per occurrence and an aggregate limit of $8,000,000 for the term of the policy naming CSX Transportation, Amtrak, Norfolk-Southern, and the New Orleans Public Belt Railroad as the insureds. The Contractor shall furnish originals of the policies to the Board and railroads as well as certificates of insurance evidencing the other insurance requirements specified herein before commencing any work. No direct payment will be made for providing the required insurance. The standards for Railroad Protective Liability Insurance shall be in accordance with provisions of Federal Aid Policy Guide (FHPG) part 646" as amended. For additional information please contact Risk Management Section at (504)

14 6. Pollution Liability Insurance- Contractor must maintain Contractor s Pollution Liability Coverage and Contractor s Pollution Liability Coverage During Transportation. Minimum coverage is $1,000,000 per occurrence. The coverage should also apply to a pollution incident caused by work performed and include coverage for bodily injury, property damage or environmental damage caused by an occurrence. The policy should cover emergency response expenses incurred for any pollution incident arising out of the work performed. AUDIT REQUIREMENTS The selected Consultant/Team shall maintain accounting records, as a condition to the award of this public contract, for the Legislative Auditor of the State of Louisiana and/or the Board s auditors to inspect, examine and/or conduct an audit of all books, accounts and records of firms pertaining to the performance of contractual obligations and the compensation due to be received under this contract. TRANSPORTATION WORKERS IDENTIFICATION CREDENTIALS Federal regulations require that persons seeking entry to secure areas of United States ports must present a valid Transportation Workers Identification Credential (TWIC) card and must maintain possession of the TWIC at all times in secure port areas. Most Board property is in restricted areas and requires presentation of TWIC cards or be an escorted by an approved Port of New Orleans TWIC card holder. Once an employer is under contract with the Board, any of its personnel entering restricted port areas must be TWIC card holders or their Sponsoring Employer must submit an application to Harbor Police and the Sponsoring Employer s TWIC card holder must attend a training session in order to be certified as an Approved TWIC Escort for anyone entering the restricted port area without a TWIC. 14

15 Part III. REQUIREMENTS TO RESPOND TO THIS RFP SUBMITTAL REQUIREMENTS TO RESPOND TO THIS RFP The response submittal to the RFP consists of four bound copies and one original of forms PONO SF firm wishes to be evaluated and one original price proposal sealed within its own envelope separate from the rest of the proposal. In addition, one flash drive with all required documents shall be provided. The submittal may also include a written narrative specifically addressing the evaluation factors or any other information the proposer determines is relevant for consideration by the evaluating committee. This narrative shall be limited to two (2) pages (1 page front & back or 2 pages single sided). Any additional pages will be removed from the proposal prior to evaluation. The sealed envelope or box containing all required documents shall be titled Request for Proposals for Standby Contract for Emergency Debris and Waste Removal. Submittals shall be mailed or delivered (no facsimile nor ) to the Board of Commissioners Port of New Orleans, Ms. Catherine C. Dunn, P.E., Director of Port Development, 1350 Port of New Orleans Place, New Orleans, Louisiana not later than twelve noon, local time, on Thursday, May 12, Deliveries are only accepted Monday thru Friday, excluding holidays, from 8 a.m. to 4 p.m. Refer to the document INSTRUCTIONS FOR PONO SF As modified for the Port of New Orleans (SF ) for this project (herein referred to as PONO SF ) Any Prime Consultant/Team failing to submit any of the information required on PONO SF will be considered non-responsive. Facsimiles and submittals of PONO SF will not be accepted. Name(s) of the Prime Consultant and sub-consultant firms listed on PONO SF must precisely match the name(s) filed with the Louisiana Secretary of State, Corporation Division. Any sub-consultant(s) to be used in performance of this contract must also submit a PONO SF , completely filled out and containing information pertinent to the work to be performed. The sub-consultant s PONO SF must be bound with the Prime Consultant s PONO SF Each proposal shall contain sufficient information demonstrating that the firm has sufficient, qualified staff available to complete the required scope of work. Submittals shall include sufficient information about the firm s qualifications, including subcontractors; the resumes of key personnel; experience and current work load to assist the Board in making the proper determinations that the lowest bidder, based on total bid price, meets the minimum qualifications as stated herein. LICENSE: Prospective Contractors shall submit a copy of their Louisiana State General Contractor s License with a Specialty in Non-Hazardous and Hazardous Waste Treatment and Removal. DBE/SBE PARTICIPATION The Board encourages the participation of SBE (Small Business Enterprise) firms on the consultant/team. In order to receive points for participation, firms included in the proposal that have any such status must submit with the bound proposals evidence of a current certification 15

16 from at least one of the following entities that issues such certifications: 1) the SLDBE program run by the City of New Orleans, 2) the State of Louisiana s Department of Economic Development s SBE Hudson Initiative program or 3) the Federal Small Business Enterprise Program. The Board does not have a certification program, but accepts certifications issued only by these public entities. Failure to include such information with proposals will be taken to mean that firms have no such current certification. No later submissions of this information will be allowed after submittal of the proposals. A listing of potential SBE businesses is available at the Board s website at under PROCUREMENT under INFORMATIONAL DOCUMENTS under DISADVANTAGED BUSINESS ENTERPRISE (DBE)/SMALL BUSINESS ENTERPRISE (SBE). EVALUATION CRITERIA OF THE RFP The recommendation of award of the contract resulting from this RFP will be based on a combination of price and non-price factors. First, all proposals received will be evaluated based on the non-price factors. The general criteria to be used by the Contractor Evaluation Committee in evaluating responses to the RFP are: 1. Experience in the type of work, weighted factor of 5 2. Professional reputation and business stability, weighted factor of 5 3. Ability to meet schedule, weighted factor of 4 4. DBE/SBE participation, weighted factor of 2 5. Past Performance, weighted factor of 5 6. Knowledge of local conditions, weighted factor of 3 7. Conceptual Plan of Action, weighted factor of 4 The evaluation will be by means of a point-based rating system of the Prime Contractor/Team as a whole. The Contractor Evaluation Committee will be responsible for performing the above described evaluation, and presenting a short-list of three to five of the highest rated Prime Contractors/Teams to the Port President/CEO. These short-listed firms will then have their price proposal opened and the proposer with the lowest total bid price based on estimated quantities and unit costs will be recommended to the Board s President and Chief Executive Officer for award of the contract. BID RESULTS The Board awards contracts at its monthly public meeting, generally at 11:00 a.m. in the auditorium of the Port Administration Building. See Board website for dates, Written notification of the award will be issued by Ms. Dunn after the Board meeting. No information regarding the award will be given prior to the Board s action, however the Board s agenda for the meeting at which an award will take place will be sent to all firms indicating the date, time, etc. just prior to the Board meeting. 16

17 MISCELLANEOUS EXCEPTIONS: Prospective Contractors are advised that exceptions to any of the terms contained in this RFP must be identified in response to the RFP. Failure to do so may lead the Board to declare any such term non-negotiable, and/or may lead to disqualification of the proposal. EXPENSES OF PREPARATION: The Board is not responsible for any expenses which Prospective Contractors may incur in preparing and submitting proposals called for in this Request for Proposal. INTERVIEWS: The Board reserves the right to conduct personal interviews or require presentations from any or all prospective Contractors prior to selection. The Board will not be liable for any costs incurred by the proposer in connection with such interviews/presentations (i.e., travel, accommodations, etc.). MODIFICATION: The Board reserves the right to request that the proposer modify their proposal to more fully meet the needs of the Board, and/or to more fully describe their proposal. ADDITIONAL INFORMATION: The Prospective Contractor shall furnish such additional information as the Board may reasonably require. This includes information which indicates financial resources as well as ability to provide and maintain the services and/or recovery operations for several weeks or more. The Board reserves the right to make investigations of the qualifications of the proposer as it deems appropriate, including but not limited to a financial review and a background investigation. NEGOTIATIONS: The Board reserves the right to negotiate modifications to proposals that it deems acceptable, reject any and all proposals, and to waive minor irregularities in the procedures. PERIOD OF ELIGIBILITY: All proposals submitted shall be binding for one hundred eighty (180) calendar days following the date of bid opening. ADDENDA: If it becomes necessary to revise or amend any part of the Bidding Documents, the Board will furnish the revision by written Addendum. It will be the responsibility of the proposer to contact the Board prior to submitting a proposal to ascertain if any addenda have been issued, to obtain all such addenda, and to return executed addenda with the proposal. Failure to include signed Addendum with the proposal shall be grounds for rejection of a bid. Any addendum will be posted on the Board s procurement webpage along with Bidding Documents. EXECUTION OF CONTRACT: The Contract between Contractor and Board shall be in the form of the "Agreement" provided by Board. The successful Proposer shall assist and cooperate with the Board in executing the Contract with 10 calendar days following written Notice of Award by the Board. TAXES: Cost of all sales and other taxes for which the Proposer is liable under the Contract shall be included in the Proposal. 17

18 CONTRACTOR S CERTIFICATION AND RESPONSIBILITY: By submitting a proposal, Prospective Contractors represent that: 1. The Bidder has fully read and understands the bid documents in its entirety, has fully read and understands the proposal method, the evaluation criteria and has full knowledge of the scope, nature, and quality of work to be performed. The Bidder s bid is made in accordance therewith. 2. The Bidder possesses the capabilities, experience, resources, financial wherewithal, and personnel necessary to provide efficient and successful services as set forth in this document 3. Before submitting a bid, each Bidder shall make all investigations and examinations necessary to ascertain site and/or local conditions and requirements affecting the full performance of the contract and to verify any representations made upon which the Contractor will rely. If the Contractor receives an award because of its bid, failure to have made such investigations and examinations will in no way relieve the Contractor from its obligations to comply in every detail with all provisions and requirements of the contract, nor will a plea of ignorance of such conditions and requirements be accepted as a basis for any claim by the Contractor for additional compensation or relief. 18

19 Part IV. GENERAL CONDITIONS OF THE CONTRACT CONTRACTOR S UNDERSTANDING It is understood that Contractor has, prior to submission of bid, satisfied himself as to the nature and location of the work, the conformation of the ground, the type, quality and quantity of the materials to be encountered, the type of equipment and the facilities needed prior to and during the prosecution of the work, the general and local conditions, and all other matters which might in any way affect the work under this contract. No verbal agreement or conversation with any officer, agent or employee of Board, before, during, or after the execution of this contract, shall affect or modify the terms or obligations herein contained. MATERIALS, EQUIPMENT, APPLIANCES AND EMPLOYEES Unless otherwise stipulated, Contractor shall provide and pay for all materials, labor, water, tools, equipment, light, power, transportation and other facilities necessary for the execution and completion of the work. DEBRIS AND WASTE HANDLING Equipment shall be adequate for job and specification requirements; any alterations made in equipment shall be without added cost to Board. Contractor shall, at all times, enforce strict discipline and good order among his employees, and shall not employ on the work any unfit person or anyone not qualified to perform the work assigned to him. If any person employed on the work shall refuse or neglect to obey the directions of Contractor, or his duly authorized agents, as to workmanship, character of the work or quality of materials, or if he is so incompetent, disorderly or unfaithful as to interfere with the proper fulfillment of this contract, he shall, upon the request of Engineer, be at once discharged and not again employed on the work. ROYALTIES AND PATENTS Unless otherwise specified, Contractor shall pay all royalties and license fees. He shall defend, at his own cost and risk, all suits or claims for infringement of any and all patent rights and shall save Board harmless from all loss, claim, expense or damage on account thereof. PROTECTION OF WORK AND PROPERTY Contractor shall provide a safe working environment, including properly constructed monitoring towers as needed. Contractor shall provide and maintain all necessary flagmen, watchmen, barricades, warning lights, signs and other suitable protective 19

20 devices, together with marking buoys and other navigational aids, as required, and shall take all other necessary precautions for the protection and safety of the work and the public against personal injury (including death) and property damage. He shall continuously maintain adequate protection of all work from damage, and shall take all reasonable precautions to protect the Board's properties from damage or loss arising in connection with this contract. He shall make good any and all damage, injury or loss resulting from his failure to provide such necessary protective precautions, except such as may be directly due to, or caused by agents or employees of the Board. He shall adequately protect adjacent private and public property. In an emergency affecting the safety of life, of the work, or of adjoining property, Contractor is, without special instructions or authorization from Engineer, hereby required to immediately take all necessary measures to prevent such threatened damage, loss or injury. The responsibility of Contractor under this Article shall continue until final written acceptance of the project by the Board. INDEMNITY Contractor shall protect, defend, indemnify, and keep, save, and hold harmless the Board from any and all losses, costs, claims, damages, demands, attorney s fees, expenses, penalties, fines, suits and actions of any kind and nature arising out of any accident or any occurrence, negligent or otherwise, including environmental liability, causing injury including death, to any person or persons or damage to property, directly or indirectly caused by, resulting from, or growing out of the performance of his obligations under this contract, whether caused by his affiliates, his subsidiaries or his employees, servants, agents, representatives or subcontractors, including such as may be imposed for the violation of any law, ordinance, or regulation (federal, state or local); and Contractor shall defend and indemnify the Board from and against any and all costs and expenses in connection with the foregoing, including court costs, related litigation expenses, and reasonable attorney s fees that may be incurred by the Board, provided however, that nothing herein shall be construed as indemnifying the Board against its own negligence or that of its officers, agents, servants, or employees when such negligence (as determined by final judgment of a court of competent jurisdiction) is the direct cause of such loss, damage, injury or death and when there is no negligence on Contractor s part which is a contributing cause of such loss, damage, injury or death. Furthermore, Contractor shall be liable for attorney s fees and costs incurred by the Board if it must file suit or retain counsel to enforce the terms of this indemnity. The Board shall notify Contractor of any claim, demand, suit or other action brought or raised against the Board for which Contractor may be liable as stated above. The provisions of this indemnity shall survive this Contractor and are intended to be severable. If any term or provision should be determined invalid or unenforceable for any reason, that invalidity or unenforceability shall not affect the validity or enforceability of the remainder of the terms of this indemnity. 20

21 PERFORMANCE BOND AND CONTINUING OBLIGATIONS Contractor shall furnish a good and solvent bond either in the form attached hereto and forming part of this contract or on a form acceptable to Board to insure prompt and proper performance of all of the objectives imposed on Contractor under the contract in an amount equal to the total amount of the contract, except as provided under La. R.S. 38:2216(C). The bond shall be cancelled and the surety released only in accordance with the provisions of law and of this contract. Under the bond and as a guarantee against faulty materials or workmanship and the negligence of Contractor, the responsibility of Contractor and Surety shall continue as provided by law after a certificate of completion of work has been issued by Board to contractor or after final acceptance when no certificate of completion is given. Consistent with its obligations arising under this Contract and the Public Works Act., La. R.S. 38:2211 et seq., Contractor shall, at its expense, remedy any and all defects which appear after issuance of certificate of completion (with respect to the particular portion of the work affected if certificate of completion was issued for that portion separately from the whole of the work) or after final acceptance as the case may be, and Contractor shall replace defective materials and equipment and shall pay for all damage to other work resulting therefrom. Board shall give notice to Contractor of any and all observed defects with reasonable promptness. TAXES Nothing herein shall be construed to relieve Contractor or any subcontractor from the payment of any sales, use or other taxes with respect to purchases of material, supplies or equipment used in the fulfillment of the obligations to be performed under this Contract, provided Contractor has complied with the terms of this Contract and all applicable laws and procedures. WAIVER OF CLAIMS Once any contract expires, or final payment has been requested and made, the respective Contractor shall have no more than ninety (90) calendar days to present or file any claims against the Board concerning such contract and thereafter, such claim shall be deemed waived. CHANGE IN SCOPE OF WORK The Board may order changes in the work consisting of additions, deletions, or other revisions within the general scope of the contract. No claims may be made by the Contractor that the scope of the project or of the Contractor's services has been changed, requiring changes to the amount of compensation to the Contractor or other adjustments to the contract, unless such changes or adjustments have been made by written amendment to the contract signed by the Owner and Contractor. It is noted that this is a unit price contract and nothing herein shall limit the number of units of work which may be required by a disaster. Once issued a Notice to Proceed (NTP), unless 21

22 limited by area or amount, the Contractor shall proceed at the daily directive of the Owner with the entire work required hereunder. If the Contractor believes that any particular work is not within the scope of work of the contract, is a material change, or will otherwise require more compensation to the Contractor, the Contractor must immediately notify the Board in writing of this belief. If the Board believes that the particular work is within the scope of the contract as written, the Contractor will be ordered to and shall continue with the work as changed and at the cost stated for the work within the scope. The Contractor may then assert its right to an adjustment under the terms and conditions set forth herein for claims. The Board reserves the right to negotiate with the awarded Contractor without completing the competitive RFP process for materials, products, services, and/or items similar in nature to those specified within this RFP for which requirements were not known or realized at the time of issuance of RFP. PERFORMANCE The Contractor shall commence performance on the date set forth in the Notice to Proceed which date shall be determined by the Board prior to, during or after any disaster. The Contractor shall, after Notice to Proceed and with the Board s direction, provide a work plan showing where operations will begin and which streets/roads will be cleared on a daily basis. The plan will be updated each day of operation. The selected Contractor shall perform the resulting contract in a timely fashion. If the disaster is such that it may reasonably be predicted in advance, Contractor shall have Management personnel within the Emergency Operations Center (EOC) hours prior to the arrival of the disaster. If the disaster is such that the disaster could not be predicted, the Contractor shall have Management personnel within the EOC within 24 hours after the event. Contractor s Management personnel shall assist the Owner to plan a response, plan for the arrival of the event if possible, and to initiate the Emergency Push and initial debris removal and rescue operations. Contractor shall mobilize work crews and heavy equipment within such period of time as may be set forth within the Notice to Proceed. Crews shall be mobilized in a staggered phasing so as not to overwhelm the resources of the monitoring body. Contractor shall describe its mobilization program and past experience with such mobilization. Contractor should clearly exhibit experience in large previous compelling mobilizations, to multiple sites, with short time frames. USE OF BOARD PROPERTY The Contractor shall assume full responsibility for any damage to any work areas or to the owner, homeowner, or occupant thereof, or of any adjacent land or areas, resulting from the performance of the work. Contractor shall maintain a toll-free hotline answered 24 hours per day to professionally accept homeowner and other claims. Contractor shall 22

23 provide in its proposal, a summary of and sample computerized documents exhibiting its complete claim resolution program to include computerized complaint logs, complaint report forms, site visit and inspection forms, and computerized resolution reporting forms and summaries for the Board. Should any claim be made by any such owner or occupant because of accident, intentional act, the performance of the work, or for any other such reason the cause of which is the Contractor or their Subcontractors, Agents or Employees, the Contractor shall promptly settle with such party by negotiation or otherwise resolve the claim by arbitration or other dispute resolution proceeding or at law. Contractor shall provide a weekly computerized update of all claims and complaints and their disposition, both individually and in summary form. During the progress of the work, the Contractor shall keep their sites free from accumulations of waste materials, rubbish, and other debris resulting from the work. At the completion of the work, the Contractor shall remove all waste materials, rubbish, and debris from and about the sites, as well as tools, appliances, equipment, machinery and/or surplus materials. The Contractor shall take care to monitor and make every effort to prevent or mitigate spills of petroleum products and hydraulic fluids. Any such spills shall be remediated immediately by the Contractor. No tracked equipment shall be allowed on public streets or rights-of-way (R.O.W.) without the written permission of the Owner. ESTIMATED QUANTITIES The Board reserves the right to increase or decrease estimated quantities as required. Estimated quantities as shown on the Bid Form are only estimates for determining lowest bidder. It is understood by all Prospective Contractors that these are only estimated quantities and the Board is not obligated to purchase any minimum or maximum amount during the life of the contract. The actual volumes of any work can only be identified subsequent to a disaster, and as the work proceeds. The Contractor shall be required to perform all work required by the Contract regardless of volume. PAYMENT AND PERFORMANCE BONDS/ SURETY LETTER The successful bidder shall be required to provide payment and performance (surety) bonds for the entire amount of the Contract price to insure the successful performance of the terms and conditions of the contract. The payment and performance bond shall be subject to forfeiture for failure on the part of the successful bidder to perform its obligations under the contract. The bond must be provided within seven (7) days of written Notice to Proceed. The payment and performance bond is to be secured from a surety or insurance company listed on the U.S. Department of the Treasury Financial Management Service list of approved bonding companies which is published annually in the Federal Register, with at least an A-rating in the latest printing of the A.M. Best s key rating guide, to write 23

24 individual bonds up to ten percent of policyholders surplus as shown in the A.M. Best s key rating guide and is licensed in this State to write surety bonds. As this Contract is on a Standby Emergency Basis, the Owner must be certain that the offeror has the capability to obtain, within a few days, in the face of a major disaster, a surety bond to cover the extensive Emergency work which may be required and which work must be initiated almost immediately. Therefore, to ensure such capability, the Owner requires the Proposed Contractor to provide a signed Letter of Commitment from their surety company meeting the requirements delineated above, with their proposal in the form and containing the required terms and conditions as set forth herein. The Letter of Commitment shall exhibit clearly the proposed Contractor s ability to obtain, and upon a valid Notice to Proceed, the surety s obligation to provide, a surety Payment and Performance bond for the Project for an amount up to $50,000,000. The Owner reserves the right to seek clarifications to satisfy the requirements of the commitment letter. See the attached sample Surety Commitment letter. Failure to include an appropriate executed letter from the surety in acceptable format shall be grounds for rejection of the Proposal. PAYMENT/INVOICES All payments under this contract shall be based on unit prices and quantities. No payments may be based on time and material costs unless limited to work performed during the first 70 hours of actual work following a disaster event, and only if eligible for reimbursement by FEMA. After 70 hours of work, the applicant should have sufficient information on the scope of work necessary to complete debris collection and disposal, and a basis for estimating a reasonable cost for the contract work to effectively solicit a lump sum or unit price contract based on the data submitted herein in the pricing schedule. For some types of debris, work time and materials contracts may be the most cost-effective and best suited to the type of work. All Prospective Contractors must specify on their Proposal letter the exact company name and address which must be the same as shown on invoices submitted for payment. Contract payments shall be made in arrears, within thirty (30) days after approval of a billing statement for actual work done by the Contractor(s). All billing statements or invoices submitted for payment shall be original and should be sent to Board of Commissioners Port of New Orleans at the following address: 1350 Port of New Orleans Place, New Orleans, LA Billing statements or invoices should include company name and address, locations of where work has been performed, reconciliation sheets for each day s work, and support documentation as required. The successful Contractor will be responsible for all work and/or debris deemed ineligible. Retainage will be withheld from each contract payment in the amount of ten (10%) percent. Retainage will be released upon the completion of the project including the resolution of all complaints, but not sooner than 90 days after the completion of all contract work to insure timely completion of the project and/or discovery of damage to public or private property. Contractor shall also submit executed 24