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Transcript of World Trade Center RFQ
REQUEST FOR QUALIFICATIONS
Redevelopment of 2 Canal Street
New Orleans, Louisiana
Issued: September 29, 2014
Due: November 14, 2014
TABLE OF CONTENTS
Page
I. INTRODUCTION ...............................................................................................................1
II. BACKGROUND .................................................................................................................1
III. GOALS ................................................................................................................................3
IV. SCOPE .................................................................................................................................3
V. BUILDING INFORMATION .............................................................................................4
VI. EVALUATION AND SELECTION PROCESS .................................................................5
VII. REQUIRED SUBMISSION CONTENT ............................................................................7
VIII. PRE-PROPOSAL CONFERENCE ...................................................................................10
IX. ANTICIPATED TIMELINE .............................................................................................11
X. PROPOSAL SUBMISSION DEADLINE .........................................................................11
XI. ADDITIONAL TERMS AND CONDITIONS .................................................................11
XII. REQUIRED ATTACHMENTS.........................................................................................12
XIII. APPENDIX ........................................................................................................................13
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REQUEST FOR QUALIFICATIONS
Redevelopment of 2 Canal Street
I. INTRODUCTION
The City of New Orleans and the New Orleans Building Corporation (collectively
"NOBC") seek qualifications and proposed development concepts from experienced real estate
developers for the redevelopment of the building and site of the former World Trade Center
located at 2 Canal Street, New Orleans, Louisiana (the "Property") pursuant to a long-term lease
and development agreement. Responses must include a plan to redevelop the existing building
as a first class commercial and/ or mixed-use project complementary to the adjacent land uses,
and may include a hotel commensurate with the offerings of a four-star property, luxury
residential, retail, or other professional office use, with entertainment components and other
related amenities (the "Project"). NOBC prefers that proposals include ground-level space
suitable for retail, entertainment or other public-oriented uses. This Property presents an
exceptional real estate development opportunity offering potential historic tax credits and EB-5
eligibility at a time when the New Orleans real estate market, tourism industry and economy in
general are experiencing robust growth.
NOBC will utilize a 2-phase process for the selection of the development team for
the Project. Phase 1 of the selection process will consist of this Request for Qualifications
("RFQ") pursuant to which NOBC will select a short-list of the most qualified respondents to
proceed to the next phase. The selected respondents will then be invited to respond to a more
detailed Request for Proposals (the "RFP"), during which NOBC will negotiate with the
respondents in order to finally select a developer. The selected developer will be required to
execute a Lease and Development Agreement for the development and operation of the Property.
The lease will be subject to the approval of the NOBC and the New Orleans City Council.
II. BACKGROUND
The Property is ideally situated in an extraordinary location, at the convergence of
Canal and Poydras Streets in the central business district of New Orleans, fronting Convention
Center Boulevard (all major thoroughfares in the downtown area), nestled between the
Mississippi River, French Quarter, Harrah's Casino, Aquarium of the Americas, Spanish Plaza,
the Shops at Canal Place and the Riverwalk Shopping Center, which recently completed a $70
million renovation to reopen as the nation's first urban outlet center. This remarkable property,
in the heart of cultural, entertainment, residential, retail and hospitality corridors, has been vacant
for several years and is prime for redevelopment. The 33-story building, containing
approximately 670,000 gross square feet, has historically operated as an office tower, however,
provides an excellent opportunity for adaptive re-use. The building provides expansive views of
the City, with its unique design particularly lending itself to redevelopment as residential and/or
hotel uses.
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New Orleans is experiencing tremendous growth, including in the downtown
central business district area where the Property is located, through the tourism industry as well
as business and residential sectors. Nine million tourists visited the City in 2013 spending in
excess of $6 billion in the New Orleans area. The City expects the tourism sector to continue to
grow, with over 13 million visitors targeted for 2018, the 300th
anniversary of the founding of the
City of New Orleans. Average daily room rates have been rising along with the visitor totals,
with the City facing a shortage of hotel rooms to meet this expected increase.
New Orleans is host to numerous industries, including petrochemical,
bio-medical, film production and digital media, and was recently ranked Number One by Forbes
Magazine as America's Biggest Brain Magnet, and Number Two in the Best Big Cities for Jobs.
It is the third largest market for film production in the United States. The Port of New Orleans
has continued to lure significant new business to the area, with over 400,000 jobs currently
supported by trade in the State of Louisiana and is poised to capitalize on the Panama Canal
expansion, expected to be completed in 2015. The Port has also attracted more and more cruise
ships to the riverfront area, adding to the number of visitors to the City who choose to extend
their stays (two nights on average) to enjoy the many local attractions and gastronomic pleasures
that are available. The real estate market has also continued to grow with numerous building
conversions in the downtown area as mixed-use projects, including luxury hotels, apartments and
condominiums.
The Property is uniquely situated to benefit from these and other growth sectors
and contribute to the strong economic activity now taking place, with goals to attract additional
visitors, create $11 billion in direct spending, 33,000 additional jobs and $700 million in tax
revenue by the 300th
anniversary of the city in 2018. With the commencement of an
$826 million expansion for the Louis Armstrong New Orleans International Airport, which
experienced a 7% increase in passenger volume in 2013, the City is poised to attract record
numbers of visitors and provide a great economic impact to the area.
The Property is located in a mixed-use and transit oriented neighborhood with
easy access to Interstate 10 and other major thoroughfares, and benefits from multiple streetcar
and bus lines. It is also in close proximity to the booming bio-medical district located a short
distance down Canal Street, which has recently emerged with over $3 billion of capital
investment in new facilities, and is projected to generate $24 billion in the next 20 years. These
new world-class facilities include the University Medical Center, Cancer Research Center,
BioInnovation Center and the new Veterans Administration Hospital. The Property is uniquely
situated in a prime location to accommodate the City's ever-growing tourism industry, as well as
to attract local residents who are migrating to the Central Business District to take advantage of
the burgeoning urban lifestyle, with easy access to work and entertainment opportunities.
The redevelopment opportunity at 2 Canal Street is presented at the optimum time
as the lack of recent new hotel construction in the New Orleans market has led to a projected
demand for additional development to accommodate the growing tourism market. With the
expansion in the economy, increased convention business and an increased number of
attractions, including music festivals and sporting events, as well as the City's unique culture, the
downtown area is experiencing a rebirth.
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5,100 residents now live in the Downtown area (which includes the Arts
District, Biomedical District, Canal Street Historic District, Central
Business District, Lafayette Square, Picayune Place, the Riverfront, the
Sports and Entertainment District and the Warehouse District), with these
numbers expected to continue to rise. (The population in the Greater New
Orleans area is approximately 1.2 million, a 2.4% increase in 2013).
2.5 million fans annually flock Downtown to attend major sporting events,
including NFL and NBA games as hosts for the New Orleans Saints and
New Orleans Pelicans, as well as numerous special events such as the
Super Bowl XLVII, annual Allstate Sugar Bowls, the 2012 Allstate BCS
National Football Championship, 2012 NCAA Men's Basketball Final
Four, 2013 NCAA Women's Basketball Final Four, NBA All-Star
Weekend in February 2014 and the 30th
edition of WrestleMania in April
2014.
The Downtown area provides a 1.2 square mile walkable community, host
to numerous restaurants, retail shops, hotels and other attractions.
III. GOALS
The Property is located in a premiere area of the City, and NOBC, as owner,
recognizes this is a most advantageous time to offer the Property for redevelopment
opportunities. NOBC expects to select an experienced, reputable and financially capable
development team to provide a high-quality project which will be complementary to the
surrounding area and the attractions and businesses located nearby. The development team must
have the financial capacity and ability to timely commence and complete the Project as a
first-class commercial and/or mixed-use project, capitalizing on the Property's dynamic and
robust location, and must provide a direct revenue stream to NOBC commensurate with the
market value and proposed use of the Property pursuant to a long-term lease structure. NOBC
has set goals of at least thirty-five percent (35%) Disadvantaged Business Enterprises ("DBE")
participation in the planning, development, construction, and operation of the Project and also
requires Orleans Parish/local business participation in the Project. The development team is
expected to join with world-class operators/managers for the operation of the Project after
completion of construction.
IV. SCOPE
NOBC seeks a qualified development team for the redevelopment of the Property
for approved commercial, hospitality and/ or residential uses, who will design, plan, finance,
redevelop, and operate the Project. NOBC encourages creative and innovative proposals,
however, all proposals must include the redevelopment of the existing building for approved
uses. All redevelopment proposals must be privately financed, and respondents should be
prepared to compensate NOBC for use of the Property in accordance with appropriate market
rates.
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The parking garage located adjacent to the Hilton New Orleans Riverside Hotel,
which is separated from the Property by Poydras Street and formerly served as the parking
garage for the building, is owned by NOBC. The garage is not part of this solicitation; however,
sufficient parking spaces in this garage will be available to the selected developer for lease at
market rates.
The selected developer will be required to redevelop the building in accordance
with all applicable laws and zoning ordinances pursuant to an approved timeline. NOBC
particularly seeks respondents who are able to promptly commence and complete development
of this site in a timely manner. The developer will be responsible for obtaining all approvals
required for the proposed redevelopment, at its sole cost and expense.
Respondents are responsible for performing all due diligence with respect to the
Property and the redevelopment. NOBC makes no representations or warranties with respect to
the Property or any redevelopment plan.
Encumbrance of NOBC's ownership interest in the Property is prohibited.
NOBC's ownership interest will not be subordinated to any financing which the developer may
obtain in connection with the Project.
The Property is available for lease only, up to a 99 year term, and is not offered
for sale. No public subsidy will be available to the Project; however, the use of tax credit equity
that may be available to the Project is not precluded.
V. BUILDING INFORMATION
This distinctive building is situated on an approximately 86,212 square foot parcel
bordering the Mississippi River and other landmark sites and premiere attractions, as well as
restaurants, museums, art galleries, bars and cruise ship terminals. Nearby attractions include the
National World War II Museum and the Saenger Theater, a symbol of the revitalization of the
City following the devastation caused by Hurricane Katrina in 2005.
The building was constructed in the mid to late 1960s and has been designated as
a National Register property, thus would be eligible to receive federal and state historic tax
credits, contributing significant equity to the Project. Despite its vacant condition, the building is
believed to be structurally sound (poured-in-place, reinforced concrete super structure), and
readily suitable for renovation and adaptive re-use.
NOBC has full ownership of the Property, which was previously subject to a
recently terminated long-term leasehold interest in favor of World Trade Center New Orleans,
Inc. NOBC has never operated the building, thus its knowledge of building information is
limited. Therefore, NOBC disclaims any knowledge as to the condition of the Property. All due
diligence is the responsibility of the respondents and all respondents are urged to satisfy
themselves with respect to the physical condition of the Property and the development thereof.
The Property will be leased "AS IS", " WHERE IS", with all defects and vices, whether
latent or apparent, known or unknown. NOBC makes no representation or warranty with
respect to the presence or absence of hazardous materials or any other environmental
conditions that may impact the value of the Property or any future development thereon.
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Nevertheless, limited documentation of the environmental condition of the building will be
available for review which indicates that a number of the floors of the building have been
"gutted" and asbestos containing materials have been removed, encapsulated or otherwise
remediated in many areas. Some lead-based paint has also been detected on some of the floors.
Additional environmental remediation may be required; however, respondents are solely
responsible for assessing the Property for such conditions. No environmental assessment has
been obtained by NOBC. No reliance may be made on any information provided herein or
otherwise in connection with the selection process.
Public utilities, including water, electricity, natural gas, telephone and sanitary
sewer are currently available to the site, however, respondents are responsible for determining
the sufficiency of the existing facilities, and the selected respondent will be responsible, at its
sole cost and expense, for any required upgrades or additional facilities. A portion of the site is
encumbered with several servitudes (easements) for ingress/ egress to neighboring properties,
and in favor of two (2) railway companies. (See survey attached.) The latter servitudes extend
only to a height of 22 feet above ground, and do not inhibit any use of the Property above this
height limitation. Note that a portion of the building protrudes over the servitude area.
VI. EVALUATION AND SELECTION PROCESS
The selection process to identify the development team for the Project will consist
of a multi-phase process. This RFQ constitutes Phase 1, pursuant to which submitted responses
will be reviewed to evaluate the qualifications of the respondents in order to identify the most
qualified development teams. All complete responses will be evaluated for the purpose of pre-
qualifying respondents for the more detailed Request for Proposals phase. Only selected
respondents will be invited to participate in the RFP, which is Phase 2 of the selection process.
Selections for Phase 2 will be based on the completeness and quality of responses to this RFQ.
At its discretion, the staff or representatives of NOBC may contact references and industry
sources, investigate previous projects and current commitments, interview some or all of the
proposed development team members, and take any of such and other information into account
in its evaluation of the responses. NOBC reserves the right to request clarification or additional
information and to request that respondents participate in interviews or make presentations to the
selection committee, community groups or others. All evaluations shall be made according to
the criteria set forth herein and will be made according to the business judgment of NOBC and
the selection committee.
A selection committee will review all submittals based on the following criteria:
Quality of Overall Submittal (15% of total possible score)
The submittal will be evaluated based on its overall quality and completeness of
information. The response should demonstrate a clear, comprehensive,
compatible, and feasible vision for the Project. The proposal content should be
clear and follow a logical thought process. Finally, the submittal package should
demonstrate a clear understanding of project goals, objectives and challenges and
describe how the Respondent will plan, design, program, construct and operate
the building.
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Quality of Development Team (20% of total possible score)
The Respondent will be evaluated based on the overall composition of the team
and its comparable past projects and performance since 2010. The extent to
which members of the development team have collaborated together on previous
successful projects; the team’s experience in presenting to community and other
stakeholder groups, engaging the public, and mitigating stakeholder concerns; the
expertise of the proposed project personnel and their availability for the Project;
responses from listed project references; past track record of local
hire/participation and level of local hire commitment on the Project; and litigation
history shall be considered.
Relevant Development and Construction Experience (25% of total
possible score)
Based on the submittal material, the Respondent will be evaluated based on
experience developing and constructing projects of similar scale. Should the
response include a hotel component, the Respondent’s demonstrated track record
in attracting and securing operating agreements with national and international
hotel brands will be key factors in the evaluation. Additionally, Respondent's
ability to provide the necessary resources, experience and capability to assure
timely implementation and completion of the Project will be assessed. The
degree to which Key Personnel have performed significant similar work on past
pertinent projects should be listed in the above section.
Financial Capability (35% of total possible score)
Following review and assessment of all submitted financial information, the
Respondent will be evaluated on its demonstrated ability to secure all necessary
Project funding; past experience; and secure all necessary bonding and
completion guarantees.
Adherence to the goal of achieving at least thirty-five percent
Disadvantaged Business Enterprises (“DBE”) participation (5% of total
possible score)
Based upon the evaluation of responses to this RFQ, the selection committee will
recommend to the NOBC Board of Directors a targeted list of respondents who will be offered
the opportunity to respond to a more detailed RFP. Only the selected respondents (the "RFP
Respondents") will be permitted to respond to the RFP. Each of the RFP Respondents will be
invited to make a presentation ("Proposal Presentation") of its proposal to the selection
committee in a public forum. After the Proposal Presentations and any requested supplemental
information has been reviewed, NOBC may begin preliminary negotiations with the RFP
Respondents. During these preliminary negotiations and prior to any recommendation, the
selection committee expects to ask for a "Best & Final" offer/proposal from the RFP
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Respondents. The selection committee will make a recommendation to the NOBC Board of
Directors to enter into an exclusive right to finalize the Lease and Development Agreement or
similar document(s) with one of the RFP Respondents based upon the "Best and Final" proposal.
If NOBC cannot reach an agreement with the selected RFP Respondent during the exclusive
negotiation period, NOBC reserves the right to enter negotiations with one of the other RFP
Respondents, enter negotiations with one of the other Respondents or reopen the process for
additional proposals. The final lease will be subject to the approval of the NOBC Board of
Directors and New Orleans City Council.
VII. REQUIRED SUBMISSION CONTENT
Responses to this RFQ must include the following information in the order and
format specified below:
A. Description of the proposed redevelopment plan including:
1. A narrative description of the respondent's development plan for the
Project, demonstrating its understanding of the Property and surrounding area,
including site improvements and any special features or concepts. Development
plans must include the redevelopment of the existing building in its entirety and
incorporate the proposer's vision for the highest and best use of the Property.
Adherence to high-quality design and improvements will be required. Graphics
or sketches may be provided in support of the narrative, however, no designs,
architectural renderings or site plans should be submitted in this phase of the
evaluation process. The narrative should emphasize key opportunities and
challenges anticipated in connection with the Project, including physical aspects,
market-related, operational, financial, community-related or others, and resolution
of the anticipated challenges.
2. A timetable for development specifying projected dates for construction
start and project completion. The timeline should also include other key
milestones, including commencement and completion of the design process,
financing, and operational stabilization. Any contingencies that may affect this
timeline should be included. High importance will be given to the timeline of the
commencement of construction after the execution of the lease and development
agreement.
3. A description of the proposed transaction structure, including proposed
operators and/or property managers for each component of the Project. The
ability to contract with a high quality operator and property manager must be
documented. Include a description of the basis for selection of the proposed
operators and/ or property managers and any past relationships with such parties,
as well as commitments to the Project or other evidence of the likelihood of
finalizing agreements.
4. Plan for at least 35% DBE participation.
5. Plan for Orleans Parish/local business participation on the Project.
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B. Qualifications and performance history of the respondent, including:
1. Name of contact person(s) for correspondence and notification purposes,
and authorized representatives to work with NOBC.
2. All owners of the developer and other members of the development team
including legal status and address, team organizational chart and a statement of
the availability and commitment of the developer and team members to comply
with the proposed timeline. Provide specific experience and technical capabilities
and professional competencies of each team member, and include a description of
the basis for selection of team members for the Project and any past relationships
among team members. Team members should include design professionals and
construction team.
3. Members of the development team must provide evidence of their recent
experience with development projects of a similar size and scope. Three to five
references of development experience must be submitted together with a
description of the scope of these projects, including project name, location and
description; project size; total project budget and funding sources, and any other
documentation or supporting materials which will assist NOBC in evaluating the
development team. NOBC reserves the right to contact these and any other
references at any time during the selection process. The response should include
resumés of team members outlining the experience and expertise of each.
4. Description of any prior experience with governmental entities.
C. Financial capacity of respondent, including:
1. Financial information to substantiate respondent's financial stability and
ability to finance the Project, including identification of the proposed capital
structure and financing sources and pertinent background information of potential
lenders and/ or investors. Provide evidence of respondents' experience since 2010
in financing similar projects and evidence of access to the financing and equity
required for the Project. The selected developer will be required to provide a
guaranty by an entity satisfactory to NOBC, guaranteeing completion of the
Project as required by the Lease.
2. A summary of the projected total costs of the proposed Project including
estimated hard costs and soft costs, and other project or development expenses.
Provide a 10-year financial pro-forma detailing loan repayment, debt coverage,
operating and capital reserves, return on equity and any other relevant items.
3. The Project will be subject to a performance bond. Provide evidence that
the respondent will have the ability to comply with this requirement if selected.
4. Provide details of any past or pending litigation, or claims filed, felony
convictions, pending criminal investigations or bankruptcy filings by or against
the respondent or any team members.
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5. A market analysis substantiating the proposed development plan.
Respondent's projected return on investment, the return to any outside investors and the
anticipated holding period for the Project will be factored into the evaluation of each
proposal.
D. Financial Terms:
Respondents should be aware that the NOBC believes a financial agreement will
include, among other elements, the following terms:
1. Construction period rent equal to a portion of or full annual base rent.
2. An annual rent for the term of the lease (amount to be determined) which
will be adjusted at specific intervals based upon an agreed adjustment
method.
In addition, NOBC encourages responses which include participation in the net proceeds
of the sale or refinancing of the Project.
E. Other Requirements (submit all required documents and forms):
1. Completed forms, including conflict of interest disclosure affidavit and
statement of veracity, forms for which are attached hereto.
2. DBE. Respondents must outline the policies and procedures in place to
retain development team participants that are certified as Disadvantaged Business
Enterprises, and the selected developer will be required to provide and adhere to a
DBE plan, which plan will be subject to approval by the City of New Orleans
Office of Supplier Diversity. A DBE goal of 35% has been established for this
Project. No award will be considered unless the Respondent indicates how the
requirements of the DBE program will be satisfied in a meaningful manner.
Respondent firms that are themselves DBE eligible should also include that
certification.
3. Key Lease Terms. The following describes some, but not all, of the
additional key lease terms which are required in connection with this Project:
F. No Subordination: NOBC's fee ownership and rental income
stream will not be subordinated, provided the selected developer will be permitted
to mortgage its leasehold interest. All financings or refinancings will be subject
to NOBC's approval.
G. Term: Appropriate to the proposed structure, capital investment
and proposed uses, not to exceed 99 years.
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H. Improvements: All capital improvements to the site will be at the
sole cost of the selected developer and will become part of the realty upon lease
termination. No public subsidy will be available to the Project.
I. Reserves: A capital improvement and replacement reserve fund
will be required to be maintained during the term of the Lease, which amount will
be subject to the approval of NOBC.
J. Property Condition: As is. The selected developer will be
responsible for all due diligence prior to execution of the Lease, including without
limitation, environmental site assessments.
K. Assignment: NOBC will have the right to approve any assignment
or other transfer of the Lease, subject to customary carve-outs pursuant to
established criteria.
L. Performance Milestones: Subject to force majeure, the Lease will
require commencement of construction within a mutually agreed upon timeframe.
Special emphasis will be placed on the ability of the Respondents to commence
the project in a timely manner.
M. Operation/ Management: If any portion of the Project is developed
as a hotel, NOBC will have the right to approve or disapprove the hotel brand
affiliation and any change thereto, which approval shall not be unreasonably
withheld, conditioned or delayed. Management agreements with respect to the
management of the Project must satisfy certain objective criteria to be set forth in
the Lease.
Respondents should include in their responses any comments to the key lease terms. No
modifications of the key lease terms will be considered if not raised as part of the response to this
RFQ.
4. Modifications to Proposal. NOBC's prior consent will be required for any
changes in the key personnel, development plan, development schedule, financial plan and other
material details of a respondent's proposal.
VIII. PRE-PROPOSAL CONFERENCE
NOBC will hold one pre-qualification information session on October 15, 2014.
The time and location of the session will be provided to prospective respondents. Officials from
NOBC will be on hand to discuss the Request for Qualifications, to answer any previously
submitted questions and to provide further clarification. Following the information session, there
will be specified times set aside for each group to tour the facility. While a Respondent's
attendance is not mandatory for submittal to this RFQ, it is encouraged.
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IX. ANTICIPATED TIMELINE
RFQ Release Date September 29, 2014
Pre-Proposal Conference Date October 15, 2014
Deadline for Questions Date October 24, 2014
Deadline for RFQ Submittals Date November 14, 2014
Selection of "short-list" for RFP Date December 15, 2014
RFP Release to Selected Respondents Date January 2, 2015
Deadline for RFP Submittals Date February 16, 2015
Negotiation Period Date February 20, 2015 through
March 16, 2015
Evaluation Committee Selection Date March 23, 2015
City Council Meeting Date TBD
Lease Execution Following City Council Approval
This schedule is subject to change, and all respondents will be provided the earliest possible
notice of changes.
X. PROPOSAL SUBMISSION DEADLINE
All respondents are encouraged to register at http://www.nola.gov/purchasing
using the designated NIGP code, 912-77 Real Estate Developers. Registering will ensure that
respondents will receive all updates and addenda to this RFQ. Respondents shall submit their
responses to NOBC directed to the attention of: Bureau of Purchasing, Chief Procurement
Officer, 1300 Perdido, Suite 4W07, New Orleans, LA 70112, not later than November 14, 2014
at 5:00 pm (Central Time). Respondents shall provide seven (7) signed hard copies of the
response in a sealed envelope, marked "Redevelopment of 2 Canal Street" and one (1) digitally
signed proposal on a CD or Flash Drive, in Microsoft Word format or as a PDF file, marked
"Redevelopment of 2 Canal Street". The response shall include contact information for the
respondent's primary contact person, which shall include name, company, address, telephone,
and email address.
XI. ADDITIONAL TERMS AND CONDITIONS
The selected developer will be expected and required to proceed expeditiously in
the negotiations with NOBC, and in financing and developing the Property, so as to place the
Property into commerce as soon as reasonably practicable and minimize the adverse impacts on
City resources and on surrounding properties and neighborhoods.
Each respondent is responsible for all costs and expenses incurred in connection
with the preparation and submission of its proposal and in any negotiations, including with
respect to the lease or other development agreement. NOBC will not reimburse any such costs
or expenses.
Substantive questions should be submitted by respondents in writing by email to
[email protected] and reference @ 2 Canal Street in the subject line, no later than October
24, 2014. NOBC will issue a response to any inquiry if it deems it necessary by written
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addendum posted on the City's website and issued prior to the due date and time. Respondents
shall not rely on any representation, statement or explanation other than those made in this
document or in any addendums issued. Where there appears to be a conflict between this
document and any addendum issued, the last addendum issued will prevail.
All proposals and all documentation submitted therewith are NOBC property for
all purposes. Respondents will clearly mark documents or information claimed exempt from
public records disclosure and specifically justify the exemption. Any blanket exemption claims
lacking specific justification will not be credited and the confidentiality of submissions is not
guaranteed. Only information which is in the nature of legitimate trade secrets or proprietary
information may be deemed proprietary or confidential. Any material within a submission
identified as such must be clearly marked as CONFIDENTIAL and will be handled in
accordance with the Louisiana Public Record Act, R.S. 44: 1-44 and applicable rules and
regulations.
NOBC reserves the right to modify or cancel the selection process or schedule at
any time and to accept or reject any or all proposals, to request clarification and/or additional
information from any respondent at any time, and may request that omitted information be
submitted. NOBC further reserves the right to add or modify any and all requirements that are
needed to effectuate the goals of this Project or comply with legal requirements. NOBC may
waive any formalities or minor technical inconsistencies or delete any item/requirement from the
RFQ when deemed to be in NOBC's best interest. Notwithstanding anything contained herein to
the contrary, failure to comply with all requirements contained herein or any supplement hereto
may result in the rejection of a proposal. NOBC reserves the right to amend the instructions,
requirements, general and special conditions, scope of work, and specifications of this RFQ up to
the time of Lease execution. Copies of such amendments shall be furnished to all prospective
respondents who have submitted proposals and shall also be posted to the City's website. NOBC
shall not be liable for any errors in proposals. NOBC, at its option, has the right to request
clarification or additional information from the respondents. The proposal of the selected
Respondent may become part of any contract initiated by NOBC.
The information set forth in this RFQ or otherwise made available to respondents
is intended to provide general information regarding the Project. Such information is not
intended or warranted to be a complete statement of facts pertaining to the Property, nor is any
representation or warranty made with respect thereto.
XII. REQUIRED ATTACHMENTS
Proposals are required to complete the following Attachments and submit along with their
Proposal:
1) Attachment "A" City of New Orleans Conflict of Interest Disclosure Affidavit
2) Attachment "B" Statement of Veracity
3) Attachment “C” Disadvantaged Business Enterprise Participation Plan
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FAILURE TO COMPLETE THE REQUIRED ATTACHMENTS COULD RESULT IN
THE DISQUALIFICATION OF A PROPOSAL.
XIII. APPENDIX
1) Survey of Property
- 14 -
ATTACHMENT A
CONFLICT OF INTEREST DISCLOSURE AFFIDAVIT
STATE OF LOUISIANA
PARISH OF
Before me, the undersigned authority, came and appeared , who, being first duly sworn, deposed
and said that:
1. He/She is the and authorized representative of _________________,
hereafter called “Respondent.”
2. The Respondent submits the attached proposal in response to New Orleans
Building Corporation's Request for Qualifications for the Redevelopment of 2
Canal Street.
3. The Respondent hereby confirms that a conflict(s) of interest exists/does
not exist/may exist [circle one] in connection with this solicitation which might
impair Respondent’s ability to perform if awarded the contract, including any
familial or business relationships that the Respondent, the proposed
subcontractors, and their principals have with City of New Orleans or New
Orleans Building Corporation officials or employees. (If a conflict(s) of interest
exists and/or may exist, describe in a letter the nature of the conflict, the parties
involved and why there is a conflict. Attach said letter to this form).
Respondent:_______________________
By:_______________________________
Name:
Title:
Sworn to and subscribed before me, _______________, Notary Public, this _____day of ______,
20___.
____________________________________
Notary Public (signature)
Notary ID#/Bar Roll #
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ATTACHMENT B
Agreement and Signature
By submitting the enclosed response, the undersigned affirms that the facts set forth in it are
true and complete. The undersigned understands that any false statements, omissions, or other
misrepresentations made in connection with the response may result in dismissal of the
undersigned's application.
Name (printed)
Signature
Date
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ATTACHMENT C
DISADVANTAGED BUSINESS ENTERPRISE PARTICIPATION PLAN
OFFICEOFSUPPLIERDIVERSITYEQUALBUSINESSOPPORTUNITYPROGRAMS
DISADVANTAGEDBUSINESSENTERPRISEPARTICIPATIONPLAN
PURPOSE
Respondents to City of New Orleans RFPs and RFQs must agree that certified Disadvantaged Business Enterprises (DBEs) will have the maximum practicable opportunity to participate on City contracts. To that end, respondents are required to provide a comprehensive DBE Participation Plan documenting the roles of the DBE firms in the respondent’s proposal.
[2]
OFFICE OF SUPPLIER DIVERSITY EQUAL BUSINESS OPPORTUNITY PROGRAMS
LOCALLY‐OWNED AND DISADVANTAGED BUSINESS ENTERPRISE PARTICIPATION PLAN
Overview
The City awards millions of dollars annually to vendors and contractors ('respondents'). Those respondents, in responding to a City of New Orleans RFP or RFQ, must agree in the contract that certified Disadvantaged Business Enterprises (DBEs) have the maximum practicable opportunity to participate in the contract consistent with its efficient performance. To ensure DBE businesses have the maximum practicable opportunity to participate in City contracts and to ensure compliance with City of New Orleans Ordinance 70.432.1, which establishes an overall goal of 50 percent utilization of businesses that are locally owned and controlledand a goal of 35% for utilization of socially and economically disadvantaged businesses for all public spending or private projects that utilize public funding and/or incentives, the Office of Supplier Diversity (OSD) requires all RFP and RFQ respondents on contracts over $15,000 to submit a DBE Participation Plan. All respondents must submit, before an award is made, an acceptable DBE Participation Plan setting percentage and dollar goals for the award of subcontracts to certified DBE businesses. The OSD reviews all participation plans submitted by respondents to ensure respondents provide the maximum practicable opportunity for DBE firms to participate in a contract and to review a respondent's evidence of good faith efforts to comply with the requirements of Ordinance 70.432.1. The OSD also reviews DBE Participation Plans for accuracy of those certfied DBE firms identified.DBE contracting goal attainment is monitored by the OSD on reports submitted to the Mayor monthly. Instructions for Completing the DBE Participation Plan A DBE Participation Plan is required by all RFP and RFQ respondents. Changes to this document are not accepted. Any changes to this DBE Participation Plan will deem this document as non‐responsive and sufficient grounds for rejection.
1. All respondents must complete Sections I, II, III & IV. 2. If the participation plan under Section II does not meet the DBE participation goal established
specifically in the RFP or RFQ, you must also complete Section V and provide the required documentation of Good Faith Efforts.
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Section I. Respondent
Company
Contact
Address
Telephone/Fax
E‐Mail
RFP/RFQ‐ Solicitation Number
Title of the Project and Location
DBE PARTICIPATION PLAN SUBMITTED BY:
Signature: _______________________________________________ Date: ____________________
Printed Name: ____________________________________________________________________
Title: ____________________________________________________________________________
The following employee will be the Administrator of this DBE Participation Plan:
Name: _______________________________________ Title: _________________________________
Address: _______________________________________________________________________
_______________________________________________________________________
Telephone: _____________________ E‐Mail: ___________________________________________
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Section II. DBE Participation Plan
The following, together with any attachments, is submitted as a DBE Participation Plan to satisfy the requirements of City of New Orleans Ordinance 70.432.1.
The following goals are established for the term of the proposed contract. Percentages may be rounded to nearest tenth of a percent. 1. a. Total Contract Value $________________________ (including options) (Estimate if necessary) b. Total Subcontracted $_______________ _______% of 1.a. (Inclusive of all planned subcontracting to all businesses, regardless of size) 2. The following dollars and percentage goals are applicable to the contract cited above. a. Certified SLDBE $_______________ _______% of 1.b. Total planned subcontracting dollars under this contract will go to subcontractors who are certified as a State & Local Disadvantaged Business Enterprise (SLDBE) through the City of New Orleans, Sewerage & Water Board of New Orleans, Harrah's Jazz Casino or the New Orleans Aviation Board. You can find the most recent list of certified SLDBE firms at www.nola.gov/Businesses/Office‐of‐Supplier‐Diversity. You may also contact the Office of Supplier Diversity via e‐mail at [email protected] to request a copy of the list.
b. Certified LAUCP DBE $_______________ _______% of 1.b. Total planned subcontracting dollars under this contract will go to subcontractors who are certified as a DBE through the Louisiana Department of Transportation's Unified Certification Program. You can search for certified LAUCP DBE firms at www.dotd.la.gov/lettings/subsdebed/dbhq20110126.asp.
c. Local $__________________ _______% of 1.b. Total planned subcontracting dollars under this contract will go to subcontractors who are local businessconcerns. A local business concern is an Orleans Parish business.
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Section III. Subcontractor's Scope of Work Provide the name of the firm, the type of firm (2a. through 2d. in Section II) and the services, products and/or scope of work commitments by the firm(s).
Name of Firm: ___________________________________________ Proposed DBE Participation (%): ______________________
Firm Contact: ___________________________________________
Address: _______________________________________________ City/State/Zip: ____________________________________
Telephone: ____________________ E‐Mail: ________________________________________
SUBCONTRACTOR TYPE: 2A; 2B; 2C;
SCOPE OF WORK: Describe below or attach the work to be performed by the DBE firm
________________________________________________________________________________________________________
________________________________________________________________________________________________________
Name of Firm: ___________________________________________ Proposed DBE Participation (%): ______________________
Firm Contact: ___________________________________________
Address: _______________________________________________ City/State/Zip: ____________________________________
Telephone: ____________________ E‐Mail: ________________________________________
SUBCONTRACTOR TYPE: 2A; 2B; 2C;
SCOPE OF WORK: Describe below or attach the work to be performed by the DBE firm
________________________________________________________________________________________________________
________________________________________________________________________________________________________
Name of Firm: ___________________________________________ Proposed DBE Participation (%): ______________________
Firm Contact: ____________________________________
Address: _______________________________________________ City/State/Zip: ____________________________________
Telephone: ____________________ E‐Mail: ________________________________________
SUBCONTRACTOR TYPE: 2A; 2B; 2C;
SCOPE OF WORK: Describe below or attach the work to be performed by the DBE firm
________________________________________________________________________________________________________
________________________________________________________________________________________________________
Name of Firm: ___________________________________________ Proposed DBE Participation (%): ______________________
Firm.Contact:.____________________________________
Address: _______________________________________________ City/State/Zip: ____________________________________
Telephone: ____________________ E‐Mail: ________________________________________
SUBCONTRACTOR TYPE: 2A; 2B; 2C;
SCOPE OF WORK: Describe below or attach the work to be performed by the DBE firm
________________________________________________________________________________________________________
________________________________________________________________________________________________________
ATTACH ADDITIONAL PAGES IF ADDITIONAL SPACE IS REQUIRED
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Part IV. DBE Participation Plan Method a. The following method was used to develop the DBE Participation Plan. Please explain: 1. How the products and services to be subcontracted were established; 2. How the areas to be subcontracted were determined; and 3. How their capabilities were determined.
__________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________
b. If indirect or overhead costs have been included in the subcontracting goals specified in Sections II, explain the method used in determining the proportionate share of indirect and overhead costs to be allocated to subcontractors:
________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________
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Section V. Evidence of Good Faith Efforts The Office of Supplier Diversity shall be responsible for determining whether the respondent has demonstrated Good Faith Efforts to achieve the DBE goal for a RFP or RFQ. If the DBE Participation Plan under Section II does not meet the DBE participation goal established in the RFP or RFQ, you must complete this section and provide documented evidence of the following.
EVIDENCE OF GOOD FAITH EFFORTS PRE‐BID MEETING(S): The respondent attended all pre‐bid meetings scheduled by the City to inform DBEs of contracting and subcontracting opportunities.
SLDBE/DBE LIST(S): The respondent utilized the City of New Orleans’ list of certified SLDBE firms and/or the Louisiana Department of Transportation’s list of certified LAUCP DBE firms to identify potential DBE firms.
SMALL CONTRACT(S): The respondent selected specific portions of the work to be performed by DBE firms in order to maximum practicable opportunity for those firms to participate in the contract consistent with its efficient performance.
FOLLOW‐UP: The respondent followed‐up initial indications of interest by DBE firms by contacting those firms to determine with certainty if they remained interested in submitting a price and participating on the contract.
ADVERTISEMENT (includes internet): The respondent advertised in local general circulation and/or trade association publications concerning subcontracting opportunities, and allowed DBE firms reasonable time (at least 7 days) to respond.
GOOD FAITH NEGOTIATIONS: The respondent negotiated in good faith with interested DBE firms and did not reject those firms as unqualified without sound business reasons based on a thorough investigation of their capabilities.
INFORMATION: The respondent provided interested DBE firms with adequate information about the plans, specifications and requirements of the subcontract.
WRITTEN NOTICE(S): The respondent took the necessary steps to provide written notice in a manner reasonably calculated to inform DBE firms of subcontracting opportunities and allowed sufficient time for them to participate effectively.
COMMUNITY RESOURCES: The respondent used the services of available community organizations and trade associations that provided assistance in the recruitment and placement of DBE firms.
CONTRACT RECORDS: The respondent has maintained the following records for each DBE that has submitted pricing on the subcontracting opportunity: 1. Name, address, and telephone number; 2. A description of information provided by the bidder/offerer or subcontractor; and 3. Statement of whether an agreement was reached, and if not, why not, including any
reasons for concluding that the DBE was unqualified to perform the job.
Attach documentation supporting each item above at the end of this plan.
[8]
Role of the Participation Plan Administrator The DBE Participation Plan Administrator ('administrator') should have knowledge of the City of New Orleans DBE goals for procurements as well as a general knowledge of City procurement processes and procedures and reporting requirements. If the respondent decides to change the person in this position, the respondent must notify the Office of Supplier Diversity immediately. The administrator is responsible for the development, preparation and execution of this DBE Participation Plan and for monitoring performance relative to contractual subcontracting requirements contained in this plan, including, but not limited to: a. Developing and maintaining bidder's lists from all possible sources; b. Ensuring that procurement packages are structured to permit certified DBEs an opportunity to
participate to the maximum extent possible; c. Assuring inclusion of the certified DBE community in all solicitations for products or services, which
they are capable of providing; d. Reviewing solicitations to remove statements, clauses, etc., which may tend to restrict or prohibit
certified DBE participation; e. Ensuring periodic rotation of potential subcontractors on bidders lists; f. Ensuring the maintenance of records of solicitations and subcontract award activity; g. Attending or arranging for attendance of company representatives at Business Opportunity
Workshops, Seminars, Trade Fairs, etc.; h. Monitoring attainment of proposed goals and submitting required periodic DBE participation and
subcontracting reports; and i. Coordinating contractor's activities during the conducting of compliance reviews by the Office of
Supplier Diversity. Office of Supplier Diversity Contacts All questions concerning this document or DBE compliance should be addressed to: City of New Orleans Office of Supplier Diversity 1340 Poydras, Suite 1000 New Orleans, LA 70112 E‐Mail: [email protected] Phone: 504.658.4200
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APPENDIX