RFQ For New Orleans Public Belt Railroad Operator

City of New Orleans, Louisiana
Request for Qualifications - New Orleans Public Belt Railroad Operator
RFQ No. 2101-02138

1/19/2017
Table of Contents
1
Definitions .................................................................................................................................... 2
Request for Qualifications ............................................................................................................ 3
Overview of NOPB ...................................................................................................................... 3
Overview of the Procurement Process.......................................................................................... 4
Mandatory Pre-Bid Conference .................................................................................................... 4
Cone of Silence............................................................................................................................. 4
Anticipated Timetable .................................................................................................................. 5
Services Needed ........................................................................................................................... 5
Citys Strategic Objectives for NOPB .......................................................................................... 5
10
Selection Committee .................................................................................................................... 6
11
Non-Binding Offer Requirements ................................................................................................ 6
12
Submission Requirements ............................................................................................................ 9
13
Scoring and Evaluation Criteria ................................................................................................. 10
14
Shortlist ...................................................................................................................................... 11
15
Proposal Bond ............................................................................................................................ 11
16
Ownership and Confidentiality .................................................................................................. 11
17
Effect .......................................................................................................................................... 11
18
Point of Contact and Questions .................................................................................................. 11
19
Non-Binding Offer Review ........................................................................................................ 12
20
Insurance .................................................................................................................................... 12
Form A: Respondent Experience .............................................................................................................. 13

Form B: Indicative Payment Form ........................................................................................................... 15
Appendix A SUMMARY OF ASSETS................................................................................................. 17
Appendix B CONTRACTING DOCUMENTS..................................................................................... 22
Appendix C DBE REQUIREMENTS ................................................................................................... 35
Appendix D - TAX CLEARANCE AUTHORIZATION ........................................................................ 41
Appendix E - IDENTIFICATION OF SUBCONTRACTORS ................................................................ 43
Appendix F - CONFLICT OF INTEREST DISCLOSURE AFFIDAVIT ............................................... 44
Appendix G NPV METHODOLOGY ................................................................................................... 45
RFQ No. 2101-02138
Page 1
Definitions
Agreement: means the Concession Agreement that will govern the agreement between the Operator and
the City for the concession of the NOPB.
Binding Offer: means the offer submitted in response to the RFP in Phase 2.
Binding Proposal: means the response to the RFP in Phase 2.
Bureau of Purchasing: means the Bureau within the City responsible for the submissions of the RFQ.
The City: means the City of New Orleans, Louisiana.
Class 1 railroads: means the major railroads in the United States. The Surface Transportation Board
defines a Class I railroad as "having annual carrier operating revenues of $250 million or more in 1991
dollars", which adjusted for inflation was $452,653,248 in 2012.
Commission or NOPB Commission: means the body which governs NOPB comprised of the Mayor of the
City of New Orleans, serving as President, and nine citizens from within the greater New Orleans
Metropolitan area.
Concession Agreement: means the agreement that will govern the agreement between the Operator and
the City for the concession of the NOPB.
CPO: means the Chief Procurement Officer and the main point of contact for the procurement.
DBE: means Disadvantaged Business Enterprise.
DBE Compliance Officer: means the person within the City responsible for monitoring compliance with
the DBE requirements and contracts.
DBE Participation Plan: means the plan to be submitted with both the RFQ in an initial draft and the RFP
in a final draft in response to the Citys DBE requirements in the DBE Program.
DBE Program: means the program set up by the City for all City contracts in consideration of the Citys
policy to practice nondiscrimination based on social and economic disadvantage, race, color, gender,
disability and national origin in the award and performance of contracts and pursuant to Division 2 of
Article IV of Chapter 70 of the Code of the City.
Delivery Deadline: means the date and time all Non-Binding Offers must be received by the City.
Indicative Payment: means the payments submitted as part of the Non-Binding Offer in Phase 1. This
payment is the combination of both an upfront payment and annual payments.
Minimum Offer Payment: means the minimum payment that must be met or exceeded for both the upfront
payment and the annual payment in order for a Non-Binding Offer to be considered responsive.
Non-Binding Offer: means respondents submission to the RFQ which is not legally binding and may be
refined after further diligence in Phase 2.
NOPB: means the New Orleans Public Belt.
NPV: means the net present value of payments discounted back to take into account the time value of
money.
Operator: means the entity selected as a Preferred Respondent to operate the NOPB.
Phase 1: means the current phase in which the RFQ is released to the market and respondents submit a
Non-Binding Offer to the City for shortlisting.
Phase 2: means the next phase in which an RFP is released to Shortlisted Respondents and respondents
submit a Binding Offer.
Preferred Respondent: means the Respondent ultimately selected in Phase 2 to enter into the Concession
Agreement with the City.
Pre-Bid Conference: means the mandatory meeting before submission of Non-Binding offers as described
in Section 5.
Proposal Bond: means the bond posted at the start of Phase 2 by the Shortlisted Respondents as a surety
that the Binding Proposal will not be withdrawn.
Public Belt Railroad Commission: means the governing body of NOPB.
Real Dollars: means dollars as of January 1, 2017.
Respondent: means a single entity or group of entities that together submit one Non-Binding Offer to the
City.
RFP: means Request for Proposals to be released to Shortlisted Respondents in Phase 2.
RFQ: means Request for Qualifications, this document, released to the market in Phase 1.
Selection Committee: means the group of individuals responsible for reviewing and evaluating responses
to the RFQ and selecting a shortlist.
Shortlisted Respondents: means a group of up to five respondents, selected by the Selection Committee,
to enter Phase 2 and receive the RFP.
Surface Transportation Board: is an independent adjudicatory and economic-regulatory agency charged by

Congress with resolving railroad rate and service disputes and reviewing proposed railroad mergers.
Term Sheet: means the concession terms provided in Appendix B for comment by respondents. These
terms will be incorporated in the Concession Agreement in Phase 2.
Request for Qualifications

The City of New Orleans desires to enter into a long-term concession for the New Orleans Public Belt
(NOPB) inclusive of capital investment, operations, and maintenance responsibilities. As provided below,
and incident to City Charter Section 6-308(5) and Executive Order MJL 10-05, it requests offers from
experienced firms to enter into a Concession Agreement with the City of New Orleans.
Overview of NOPB
The New Orleans Public Belt Railroad (NOPB) is a Class III switching railroad owned by the City of New
Orleans (the City) since 1908 and a political subdivision of the State of Louisiana.
The primary mission of NOPB is to serve the Port of New Orleans and local industries. With its 26 miles of
main track, 9 miles pertaining to the Huey P. Long Bridge, and 40 miles of terminals, yard, and other track,
NOPB is a critical freight infrastructure link that connects the Port of New Orleans with six (6) Class 1
railroads and helps expedite local and intermediate freight through the strategic New Orleans rail gateway.
RFQ No. 2101-02138
Page 3
The NOPB is owned by the City and operates as a separate, financially independent entity. The NOPB is
governed by the Public Belt Railroad Commission, comprised of the Mayor of the City of New Orleans,
serving as President, and nine citizens from within the greater New Orleans Metropolitan area. The NOPB
operations are led by a team of experienced railroad executives.
NOPB provides diversified rail services on its line through switching, storage, track maintenance, car and
locomotive repair services. Revenue generated by the NOPB is internalized within NOPB and is used to fund
maintenance costs, capital investments, labor, administrative costs and other railway functions.
4
Overview of the Procurement Process

The City will select a Preferred Respondent through a two-phase process.
In Phase 1, in response to this RFQ, Respondents shall submit a Non-Binding Offer. The City will shortlist
eligible Respondents based on a review of the Non-Binding Offers against the evaluation criteria in Section
13. The Non-Binding Offer will establish Respondent qualifications and a contractual negotiating framework
between the City and Respondent; neither the City nor Respondent is required to enter into an agreement
based on the Non-Binding Offer. At the end of Phase 1, the City will shortlist up to five (5) Respondents that
will be invited to Phase 2.
In Phase 2, the City will issue an RFP to shortlisted Respondents to provide instructions to submit a Binding
Proposal. The shortlisted Respondents will have the opportunity to conduct a detailed due diligence process
and submit a Binding Proposal that will include committed financing and a final (firm) offer for review and
consideration by the City. The City will select a Preferred Respondent based on the Binding Proposals
received.
If the City identifies a Preferred Respondent in Phase 2, it may negotiate a final agreement with the Preferred
Respondent and enter into a Concession Agreement. The initial heads of terms of the Concession Agreement
are provided in Appendix B along with the Citys standard terms and conditions which are to be incorporated
into the agreement. A draft of the Concession Agreement will be provided to shortlisted Respondents in Phase
2. The Concession Agreement will also contain the Disadvantaged Business Enterprise (DBE) provisions
shown in Appendix C.
A DBE goal of 13.07% percent for goods and services has been established for this transaction. The
Respondent shall agree to use its best efforts, as determined by the DBE Compliance Officer to assure that the
Respondent complies with the factors set forth in the DBE Program, to meet the goal for DBE participation in
the performance of this solicitation.
As part of the selection of the Preferred Respondent, the City anticipates that a city ordinance change
will be necessary for a public-private partnership (Code 1956, 51-1; M.C.S., Ord. No. 24713, 1, 1215-11) to allow a railroad company to operate NOPB.
Mandatory Pre-Bid Conference

A mandatory Pre-Bid Conference will be held on February 1, 2017 at 2:00 p.m in the Homeland Security
Conference Room of New Orleans City Hall, 9th Floor, Room 9W03, 1300 Perdido Street, New Orleans,
Louisiana 70112. Interested Respondents must send an employee or officer of the Respondent who is able to
represent its companys best interests at the mandatory Pre-Bid Conference. The City will issue an addendum
to the RFQ with the sign-in sheets, listing the names of attendees, their representative firms and contact
information; and a copy of the Pre-Bid meeting presentation.
Cone of Silence
From the date this RFQ is issued, Respondents shall not contact any members of City or NOPB staff, City
officials, NOPB board members, and elected officials who are in any way related to this RFQ process except
in writing to City Procurement at procurement@nola.gov or as described herein. Respondents who violate this
cone of silence may be deemed nonresponsive and their Non-Binding Offer may be rejected for cause.
RFQ No. 2101-02138
Page 4
Anticipated Timetable
Milestone
Date
RFQ issued (Phase 1)
January 19, 2017
Mandatory Pre-Bid Conference
February 1, 2017
Questions due from Respondents
February 10, 2017
Non-Binding Offer responses due, Delivery Deadline
February 24, 2017, 4:00 CST
Determine Shortlisted Respondents
March 10, 2017 (Estimated)
Issue RFP - Request for Binding Proposals (Phase 2)
March 10, 2017 (Estimated)
Binding Proposals Due (includes Firm Offer)
May 18, 2017
Select a Preferred Respondent
June 23, 2017
City Board Approval
Summer 2017
Services Needed
The City of New Orleans anticipates a transaction structure where a private partner or entity would assume the
long-term business risks through the operational, capital improvements, maintenance and carrier
responsibilities of the NOPB core rail operating assets in exchange for upfront, annual and/or revenue share
payments over a term of 40 years. The services will include the ability to use NOPB operated right-of-way,
civil structures, track, switches, interchanges, communication and signaling, rolling stock, locomotives,
offices, real estate and real property, operating buildings, storage yards, car shops, equipment, machinery,
information technology systems, and tools. The City will retain ownership of the NOPB assets over the term
of the contract except for assets as defined in the future concession agreement. Use of certain non-NOPB
assets is currently conducted through agreements with third parties, including the Port of New Orleans. The
City of New Orleans expectation is that any selected private partner or entity may be required to work
directly with the Port of New Orleans, or in combination with the NOPB and the City to negotiate any use
agreements necessary to continue operations for the benefit of the Port of New Orleans.
The NOPB Commission will retain the public authority and public interest to control the public belt railroad
system, as granted by Louisiana Revised Statute 33:4530.
A description of the NOPB assets can be found in Appendix A.
Citys Strategic Objectives for NOPB

Value Objectives
Increase economic activity throughout Orleans Parrish and the New Orleans region including job
growth
Grow the comprehensive NOPB business and be a complementary partner to grow cargo at the Port
of New Orleans
Increase the amount of taxes generated due to increased business activity with the NOPB and the Port
of New Orleans
Retain and grow the existing labor pool through higher volume / rail throughput
Asset Improvement Objectives
RFQ No. 2101-02138
Page 5
Accomplish critical capital projects and maintenance activities to increase throughput,

competitiveness and safety of the NOPB line
Create more fluid movement of rail traffic through improved capacity and operational efficiency
Achieve technological improvements and streamline communications
Establish a sustainable rail network that reduces future maintenance costs and addresses long-term
asset management
Stakeholder Objectives
Maintain a competitive rate structure allowing NOPB and the Port of New Orleans to attract key trade
volumes and additional customers
Maintain operating structure that serves the interests of the City of New Orleans and the Port of New
Orleans
Maintain a positive image of NOPB in the public eye in regard to:
o implementation and execution of operational safety parameters,
o collaboration with the Port of New Orleans to advance New Orleans as a trade destination and
gateway,
o acting as a neutral carrier to serve all Port, local industry and Class 1 customers fairly and
without prejudice, and
o limitation of certain freight operations, especially during peak festival times.
10 Selection Committee
The Chief Procurement Officer (CPO) must establish a Selection Committee with relevant subject-matter
expertise in reviewing and evaluating responses to the RFQ. The Selection Committee shall evaluate the
entire Non-Binding Offer based on the requirements in Section 11. The members of the Selection Committee
shall complete the numerical grading and provide a written explanation stating the reasons for the rating for
each criteria. As needed, the Selection Committee may solicit advice from non-voting industry experts for the
evaluation of Non-Binding Offers.
11 Non-Binding Offer Requirements
These requirements apply for the Non-Binding Offer submission in Phase 1.
Responses should be prepared as follows:
Maximum 30 pages (excluding financial information provided, Forms, and Appendices)
Minimum 10 point font
The City reserves the right in its sole discretion to modify these Non-Binding Offer submission requirements.
Additional information or clarifications may be requested by the City to make a shortlist recommendation.
An RFP will be provided to the Shortlisted Respondents at a later time to detail the additional information and
requirements that will be necessary to complete the Binding Proposal in Phase 2.
11.1
Respondent Experience Form
The Respondent shall submit Form A Respondent Experience as part of the Non-Binding Offer. One
copy of Form A should be submitted for each entity within the Respondent team (if applicable). Each
Form A submitted by each entity will be reviewed holistically for Respondent experience.
The City is seeking Respondents with deep experience in operating a short-line railroad. The City strongly
desires that at least one entity of the Respondent be an owner (i.e. individuals, co-partnerships,
associations, subsidiaries, corporations, companies, transportation companies, public service corporations
or fund) of one or more operating railroads and/or have a minimum of five years of experience operating a
common carrier railroad or operating a large-scale rail-related logistics/industrial company.
RFQ No. 2101-02138
Page 6
11.2
Non-Binding Offer
The Non-Binding Offer should be prepared in accordance with the following requirements and sections.
i.
Executive summary, which shall not exceed five (5) pages and should include at a minimum
the following items:
a. a brief description of all significant aspects of the Non-Binding Offer and the implementation
of the Respondent's objectives in the development and operation of the NOPB, and
b. declaration of the Respondent's intent, if selected, to enter into the Concession Agreement with
the NOPB Commission
ii.
Respondent Overview
a. Form A: Respondent Experience for each entity as referenced in Section 11.1.
b. Overview of the Respondent (including Respondents rail operating experience), including all
team members with the clear value proposition and responsibilities for each team member
clearly identified. If selected, the City expects that the Respondent will create a US-domiciled
company as the Operator of NOPB. Class I railroads are not eligible to operate on behalf of
NOPB. Please see Appendix B on Neutral Carrier.
c. Respondents value proposition to the City, if selected.
iii.
Operations Plan
The Respondent must provide an overview of expected operations plan to be split into a short-term
transition plan (1-2 years from concession start date) and a mid-term growth plan (5-10 years from
concession start date) for the railroad, including:
a. Expected new customers and business

b. Expected operational improvements, synergies and methodologies employed
c. Capability and approach to bring new industry/business developments
d. Approach to realize labor efficiencies considering existing labor agreements and contracts
e. Identify where management will be based, and where operating employees will be based
f.
Identification of increased economic activity including tax benefits, job creation, industry
growth and other positive economic impacts that may be generated from the railroad
concession
g. Describe the Respondents desire to include NOPBs historic railcars in the concession and
how that would drive additional value to the City
h. Plans to obtain any necessary Surface Transportation Board approvals and estimates of the
required approval timelines
i.
Expected impact to existing NOPB customers, including Class I railroads, the Port of New
Orleans and other users
j.
Plan for mitigation and to collaboratively strike strategic partnerships with the Port of New
Orleans and Class I railroads
k. Ability to proactively collaborate with the Port of New Orleans to develop a competitive rate
structure with Port customers to increase freight movements in and out of the Port
iv.
Capital Investment Plan

The Respondent must describe the proposed capital investment plan for NOPB to support the
presented operations plan. The Respondent must identify rehabilitation or capital improvements to
the NOPB Assets and the capital investment and maintenance methodology.
RFQ No. 2101-02138
Page 7
v.
Financial Plan
The Respondent must provide a financial plan that is reflective of the Respondent's approach to
financing the operations, maintenance, capital improvements, expansion and operations of NOPB.
The Respondents financial plan shall be supported by its overall Non-Binding Offer, including the
Respondents proposed capital investments, operations plan, and maintenance and safety plan
including Respondents proposed changes to the term sheet (Section 11.4) and its other plans to
improve NOPB profitability. This financial plan and Indicative Payment on Form B is not
expected to be a firm committed offer to the City. At a minimum, this plan should set forth:
a. A reasonable and viable financial plan that fully funds all total financial payments to the City
under the Concession Agreement including, payments to the City, operations, maintenance,
capital investments and debt services.
b. Potential sources and uses of funds and a brief description of the listed funding sources (e.g.,
debt, equity, etc.).
c. Form B which includes both the upfront payment and annual lease payments to the City in
Real Dollars. This Indicative Payment will be scored on the total NPV value in accordance
with the methodology in Appendix G.
i. To ensure the Citys objectives are met and to create a competitive environment, the
City has determined a Minimum Offer Payment that must be met or exceeded in order
for the Non-Binding Offer to be considered. Both the upfront payment and annual
lease payments must exceed the minimum. Any Non-Binding Offer that does not
meet or exceed the Minimum Offer Payment will be determined to be non-responsive
and the Respondent will not be shortlisted.
ii. The Minimum Offer Payment is comprised of both an upfront payment of no less
than $20 million and annual lease payments of no less than $1 million per year,
starting in 2017 and adjusted annually for CPI as defined by the Agreement.
iii. A narrative describing any revenue sharing mechanisms proposed by the Respondent
to drive additional value to the City in addition to the offer payments on Form B.
d. Supporting documentation to support the overall financial plan and commitments to demonstrate how
all capital expenditures and investments will be funded and what party/team member will retain
financial responsibilities. This support should include as much information as the Respondent deems
necessary to communicate and certify the financial capacity required to complete the financial plan.
Note that this support is not included with the page limitation.
The Respondent may reasonably revise the financial plan during Phase 2 in the Binding Proposal. This
update to the financial plan is expected to reflect Shortlisted Respondents further due diligence of
NOPBs business, and also comprehensive commercial terms and conditions for each of the Shortlisted
Respondents offers. Additional instructions will be provided by the City to the Shortlisted Respondents
in the RFP at the start of Phase 2.
11.3
DBE Participation
To ensure the full participation of DBEs in all phases of the Citys procurement activities, all
Respondents at time of the Non-Binding Offer submission shall complete and submit a DBE Participation
Plan. If a DBE Participation Plan is not submitted, it shall be determined that the Respondent was nonresponsive to the RFQ. Respondents should reference Appendix C for additional information of the
Citys DBE requirements.
a. Description of a Plan to comply with the DBE participation goal of 13.07% of goods and services or a
description of good faith efforts to do so. The Plan should include:
a. Goods and services that could be subcontracted to a DBE firm and how these areas were
determined
RFQ No. 2101-02138
Page 8
b. Description of good faith efforts to be employed such as pre-bid meetings, small contracts,
and advertisement both thus far and planned
c. Any identified DBE subcontractors who may be involved
b. Respondents past performance on meeting DBE goals
Respondents should be as detailed as possible without incurring excessive expenses to produce economic
studies. Please direct all questions related to DBE compliance prior to the Delivery Deadline to Office of
Supplier Diversity, 1340 Poydras Street, 10th Floor, New Orleans, LA 70112, telephone: 504-658-4220,
email: kfgross@nola.gov.
11.4
Contracting Documents
In addition to the Non-Binding Offer, Respondents should provide detailed comments on the draft Term
Sheet including any recommended changes to the transaction structure that may result in additional value
for the City. Respondents may also provide comments and markup to the Citys standard terms and
conditions. All of these terms are provided in Appendix B.
All markups to the contracting documents (Appendix B) should be consistent with the plans described in
the Section 11.2. Respondents are also encouraged to provide any additional head of terms that are not
currently addressed in the contracting documents.
12 Submission Requirements
Each Respondent shall submit a RFQ response not later than February, 24, 2017 4:00 (CT) to the Bureau of
Purchasing directed to the following:
Attention: Chief Procurement Officer
City of New Orleans, Bureau of Purchasing,
1300 Perdido Street, 4W07, New Orleans, Louisiana 70112
The RFQ response should clearly demonstrate the Respondents qualifications to perform the needed services
and a Non-Binding Offer for the long-term concession of NOPB. Copies of the solicitation and related
information are available from the Citys purchasing website at http://www.purchasing.nola.gov/bso/login.jsp.
The City will post additional information on NOPB, any addenda to this RFQ, and other Procurement related
information on this website. All respondents are asked to register in advance of downloading the information.
The City will not accept offers submitted by fax. All Non-Binding Offers responses must be received by the
City on or before February 24th at 4:00 CST. The City will not accept Non-Binding Offers delivered after the
said deadline. The City will not credit delivery claims not clearly documented by original receipt.
To achieve a uniform review process and obtain the maximum degree of comparability, it is required that the
offers be organized in the manner specified below. The Non-Binding Offer shall include all of the following:
i.
Title Page
Show the RFQ number and subject, the name of all Respondent team members, addresses, email addresses,
telephone number(s), name of contact person and date.
ii.
Table of Contents
Clearly identify the materials by section, page number and tabs.

iii.
Letter of Transmittal (Limited To One Page)
Briefly state your firms understanding of the services to be performed and make a positive commitment to
provide services as specified. Give the name(s) of the person(s) who is/are authorized to make representations
for your firm, their title, address, email address, telephone number(s) and facsimile number(s).
iv.
Non-Binding Offer
RFQ No. 2101-02138
Page 9
Six (6) signed hardcopies of the Non-Binding Offer in a sealed container, marked NOPB Non-Binding
Offer and one (1) digitally signed offer (maximum of three files) on a flash drive, in Microsoft Word format
or as a PDF file, marked NOPB Non-Binding Offer.
The Non-Binding Offer should contain a clear and comprehensive response to all requirements in this RFQ
and presented in the order contained in Section 11.
v.
Required Attachments:
Respondents are required to complete the following Appendices and submit along with their hardcopy and
electronic response submission:
DBE Participation Plan

Form A: Respondent Experience
Form B: Indicative Payment
Appendix B: Comments on Contracting Documents
Appendix F: City of New Orleans Conflict of Interest Disclosure Affidavit
The following Appendices will only be requested prior to signing a contract:

Appendix D: Tax Clearance Certificate
Appendix E: Identification of Subcontractors
13 Scoring and Evaluation Criteria
The City will select a Respondent generally according to the procedures described in Executive Order MJL
10-05. The Selection Committee will evaluate and rank responsive RFQ responses on the criteria listed below
and provide an assessment of that score. For each criteria, a Respondent may receive the maximum
percentage, a portion of this score, or no percentage at all, depending upon the merit of its response, as judged
by the Selection Committee in accordance with the following criteria:
25% - Feasibility of operations plan that aligns with stated objectives and continues to provide a highlevel of service to the Port of New Orleans and existing customers
20% - Demonstrated experience operating a railroad or relevant experience
10% - Capital investment plan that meets the City and Stakeholders objectives including increased
competitiveness and more efficient operations
10% - Strength and feasibility of the financial plan with the demonstrated financial backing to
implement the plan and drive value to the City
5% - Feasibility of approach to provide positive economic impact and job growth to region
5% - Quality of DBE Participation Plan that includes innovative strategies and approaches to achieve
and maintain compliance over the contract term, including, technical assistance and supportive
services designed to increase participation and build capacity in the DBE community
25% - Value of the Indicative Payments (Form B) to the City
Form B will be scored based on the NPV of future payments, normalized based on the highest payment
submitted.
NPV of Respondent (Form B) = Upfront payment + NPV of annual lease payments discounted in
accordance with the methodology described in Appendix G
The value of the Indicative Payments will be calculated as follows:
Indicative Payment Score = (NPV of Respondent / Highest NPV Value of any Respondent) x 25%
RFQ No. 2101-02138
Page 10
14 Shortlist
The City at its sole discretion may shortlist up to five (5) Respondents based on the overall ranking to submit
a final and Binding Proposal in Phase 2. During the review of any Non-Binding Offer, the Selection
Committee may:
Seek clarification of a Non-Binding Offer from any or all Respondents and consider such
supplementary information in the evaluation of Non-Binding Offers.
Request interviews/presentations with any, some or all Respondents to clarify any questions or
considerations based on the information included in Non-Binding Offers during the evaluation
process, and consider any supplementary information from interviews/presentations in the evaluation.
At its sole discretion, the City may reject any or all responses. Further, the City reserves the right to
alter or abandon this RFQ at any time.
15 Proposal Bond
At the start of Phase 2, each Shortlisted Respondent will furnish within a period of 7 days of being shortlisted
a Proposal Bond payable to the City of New Orleans in an amount of [TBD] as a surety that the Binding
Proposal will not be withdrawn for 180 days after the Binding Proposal opening in Phase 2. A Proposal Bond
must be secured from and executed by a surety duly licensed to do business in the State of Louisiana. Failure
to furnish the bond, including power of attorney, if required, will result in rejection of the Proposal. If a
Proposal Bond is not furnished, the City may replace the Respondent on the shortlist.
16 Ownership and Confidentiality
All Non-Binding Offers and/or documentation submitted therewith are City property for all
purposes. Respondents will clearly mark documents or information claimed exempt from public records
disclosure and specifically justify the exemption, as set forth in Louisiana Public Records Law including but
not limited to Revised Statutes RS 44:3.2 Proprietary and trade secret information. The City will not credit
any blanket exemption claims lacking specific justification. The City does not guarantee the confidentiality of
submissions and the determination of whether such information is in fact proprietary or trade secret
information shall be made by the custodian of the City.
17 Effect
This RFQ and any related discussions or evaluations by anyone create no rights or obligations whatsoever.
The City may cancel or modify this solicitation at any time at will, with or without notice. The contract
executed by the City and the selected Respondent, if any, is the exclusive statement of rights and obligations
extending from this solicitation.
18 Point of Contact and Questions
All correspondence and other communications regarding this procurement should be directed to the attention
of: Nathaniel Celestine, Assistant Purchasing Administrator at procurement@nola.gov.
Substantive questions must be submitted by Respondents in writing to Procurement@nola.gov no later than

February 10, 2017.
Any request received after that time may not be reviewed for inclusion in this RFQ. The request shall contain
the requesters name, address, and telephone number.
The Bureau of Purchasing will issue a response to any inquiry if it deems it necessary, by written addendum
to the RFQ, posted on the Citys website, and issued prior to the RFQs Delivery Deadline. The Respondents
shall not rely on any representation, statement or explanation other than those made in this RFQ or in any
addenda issued. Where there appears to be a conflict between this RFQ and any addendum issued, the last
addendum issued will prevail.
From the time of advertising, and until the final award, there is a prohibition on communication by
Respondents (or anyone on their behalf) with the Citys staff, Selection Committee members and elected
officials. This does not apply to oral communications at conferences, oral presentations before evaluation
RFQ No. 2101-02138
Page 11
committees, contract negotiations, or communications at any time with any City employee or elected official
regarding matters not concerning this RFQ. Breaking the established prohibition on communication may
result in a disqualification of the Non-Binding Offer.
19 Non-Binding Offer Review
In accordance with the Mayors Executive Order, MJL-10-05, the review committee will evaluate each NonBinding Offer submitted. The City will make every effort to administer the Non-Binding Offer process in
accordance with the terms and dates discussed in the RFQ. However, the City reserves the right to modify the
qualification process and dates as deemed necessary.
20 Insurance
NOPB has specific insurance requirements mandated by the Bridge Maintenance Agreement as well as
liability insurance requirements, both of which will be posted on the purchasing website at
http://www.purchasing.nola.gov via addendum.
END OF DOCUMENT
RFQ No. 2101-02138
Page 12
Form A: Respondent Experience
This form must be prepared for each entity that is part of a Respondent team.
Requested Information
Description
Entity Name
Please provide entity name
Entity
Type
(corporation,
partnership, association etc.)
Parental relationships and affiliates
co- Please indicate the Respondent entity type
Describe parental relationships and any Guarantor relationships that

apply.
Describe any affiliates that are existing customers / tenants of the Port
of New Orleans or NOPB.
Operating railroad and/or railroad line Please describe experience operating short line railroads, general
ownership
railroad experience, and/or experience working in concert with or
hiring short line railroad operators for business purposes.
Minimum number
experience
of
years
of Please state the number of years of experience operating a common

carrier railroad or operating a large-scale rail-related
logistics/industrial company.
Other Relevant Experience
Please describe relevant experience demonstrating ability to carry out

the Operations, and Capital Investment Plan described in the NonBinding Offer inclusive of any public-private partnerships experience
and significant capital investment in an operating railroad.
Bankruptcies or operational issues
Please describe details of prior bankruptcies or operational issues

experienced by the Respondent or Guarantor within the last five (5)
years that the State should have knowledge of when evaluating the
Respondent as a potential acquirer
Fines
Detail instances where the Respondent has been fined by Federal,

State or municipal agencies within the last five years
Respondent Contact Details
Key contract, email, phone number
RFQ No. 2101-02138
Page 14
Form B: Indicative Payment Form

Payments to the City
(in 2017$ as of Non-Binding Offer Date)
USD $
A
Contract Year
2017
2018
2019
2020
2021
2022
2023
2024
2025
2026
2027
2028
2029
2030
2031
2032
2033
2034
2035
2036
2037
2038
2039
2040
2041
2042
2043
2044
2045
2046
2047
2048
2049
2050
2051
2052
2053
RFQ No. 2101-02138
Upfront
Payment/
Concession Fee
Annual Lease
Payment
(not adjusted for
CPI)
Total Real
Committed Cash
Flows to NOPB
(=B+C)
$
$
$
$
$
$
$
$
$
$
$
$
$
$
$
$
$
$
$
$
$
$
$
$
$
$
$
$
$
$
$
$
$
$
$
$
$
$
$
$
$
$
$
$
$
$
$
$
$
$
$
$
$
$
$
$
$
$
$
$
$
$
$
$
$
$
$
$
$
$
$
$
$
$
Page 15
Payments to the City

(in 2017$ as of Non-Binding Offer Date)
USD $
A
Contract Year
2054
2055
2056
2057
Total Real Cash
Flows
RFQ No. 2101-02138
Upfront
Payment/
Concession Fee
Annual Lease
Payment
(not adjusted for
CPI)
Total Real
Committed Cash
Flows to NOPB
(=B+C)
$
$
$
$
$
$
$
$
Page 16
Appendix A SUMMARY OF ASSETS

Overview of NOPB Rail Operations
NOPB rail operations includes intermediate, interline, run-through, intermodal, and railcar storage. NOPB
interchanges daily with the six Class I railroads in the New Orleans area and has agreements with Class I railroads
for the use of foreign locomotive power:
Class I Railroad
BNSF
CSX
CN
KCS
NS
UP
Interchange Location
Avondale (outbound)
Southport Junction (inbound)
Gentilly Yard
France Yard
Mays Yard
West Yard or as otherwise designated
Oliver Yard (73 ft. restriction)
Avondale (outbound)
Southport Junction (inbound)
Locomotive Power
Foreign locomotives
Foreign locomotives
NOPB locomotives
Foreign locomotives
Foreign locomotives
Foreign locomotives
NOPB also serves approximately 20 local customers along the Mississippi River and Industrial Canal along the
Port of New Orleans.
NOPB provides priority storage for its local customers and additional storage of up to 400 cars for storage-only
customers.
NOPB publishes its standard Tariff schedule on its website (www.nopb.com). NOPB has negotiated tariffs in its
contracts with its customers.
NOPB Track and Trackage Rights

NOPB Main Track is broken into three distinct segments: the Huey P. Long Bridge to the IC Interchange; the IC
Interchange to the Cotton Warehouse Yard, and the Cotton Warehouse Yard to the east connection with the CSX.
Non-exclusive trackage rights in Jefferson and Orleans Parishes
Track segment
NOPB Main Track
Huey P. Long Bridge
Terminals, Yards, Other Track
TOTAL
Miles
26
9
40
75
Below is a summary of trackage rights of other railroad over NOPBs tracks and NOPBs trackage rights.
NOPB has an agreement with CSX to operate over its Industrial Canal bridge to access local customers on the
East side of the Industrial Canal for a per car fee as well as track and signal maintenance costs for the
interlocker at the Industrial Canal.
A sizeable portion of NOPB operations in Orleans Parish is located on Port of New Orleans property. The
Port of New Orleans granted NOPB a servitude along the length of the Industrial Canal, including a lease of
Claiborne Yard, when the Industrial Canal was constructed in 1918. The City of New Orleans expectation is
that any selected private partner or entity may be required to work directly with the Port of New Orleans, or in
combination with the NOPB and the City to negotiate any use agreements necessary to continue operations for
the benefit of the Port of New Orleans.
BNSF has non-exclusive trackage rights from the Huey P. Long Bridge to the Interchange with CSX.
UP has non-exclusive trackage rights from the Huey P. Long Bridge to Cotton Warehouse Yard.
RFQ No. 2101-02138
Page 17
CN has non-exclusive trackage rights from the IC interchange to the Intermodal Terminal located on the Port
of New Orleans (approximately one mile east of Cotton Warehouse Yard). The CN also has rights to Milan
Wharf, Louisiana Wharf, and Hayes Dock Side Warehouse. The CN owns the track from Southport Junction
to Oak St as well as part of the NOPB main track that runs through Cotton Warehouse Yard.
Track Maintenance Responsibilities

NOPB maintain the track from the Huey P. Long Bridge (including the switches and approaches at the interlocker
for West Bridge and East Bridge Tower) to the east connection with CSX along the Industrial Canal. CSX has an
agreement with NOPB whereby NOPB pays CSX for the maintenance of the bridge over the Industrial Canal.
The agreement also addresses trackage rights and maintenance and inspection of track components and signal
systems.
UP maintains signals from West Bridge to East Bridge. CN maintains the signals and grade crossing protection
from East Bridge to Nashville Ave. The CN invoices the NOPB for portions of these charges and subsequently, a
portion of those charges can be billed to other Class 1 railroads as part of the monthly track charges. NOPB
maintains grade crossing protection from Nashville Ave. to France Yard and bills some grade crossing protection
charges to the Port or RTA.
Some NOPB track is also divided into zones for billing purposes. Some track maintenance charges are billed to
Class I railroads by zone; other track maintenance costs are borne solely by NOPB. These track charges are
calculated through equated car formulas for each zone depending on rail traffic volume of the parties to the
agreement.
Use and Maintenance of the Huey P. Long Bridge
Huey P. Long Bridge is a cantilevered steel truss bridge that carries railroad tracks and three lanes of U.S. 90
highway in each direction. NOPB owns the Huey P. Long Bridge. Maintenance and inspections of the bridge are
governed by a Joint Maintenance Agreement between the State of Louisiana and the NOPB dating back to the
construction of the bridge in 1932. NOPBs share of maintenance and inspection costs is then apportioned
between itself, UP and BNSF. NOPBs share of maintenance costs is relatively small.
UP, BNSF, Amtrak and NOPB operate over the Huey P. Long Bridge. The operations over the bridge and
through East Bridge Junction are controlled by the UP (West Bridge Junction and the bridge) and the CN (East
Bridge Junction). There are plans for the two control towers to be replaced by Centralized Traffic Control
(CTC) that will be operated by the UP dispatch. Once CTC is implemented, NOPB will file a Positive Train
Control (PTC) Implementation Plan Revision and Resubmission seeking continued approval of its PTC waiver
by the FRA.
Summary of NOPB Assets
Rail Yards
Yards
Cotton Warehouse Yard
France Yard
Southport
Claiborne Yard
Pauline Yard
Race Yard
Bulk South Yard
RFQ No. 2101-02138
Description
Main classification yard. Provides
access to Port of New Orleans and
industries; partially located on Port
property.
Switching yard for staging and
working local industries along the
Industrial Canal.
Interchange location for UP &
BNSF traffic with 2 main tracks &
1 siding in Jefferson Parish
Storage yard on Port property
Storage yard in Orleans Parish
Storage yard in Orleans Parish
Potential opportunity to grow
storage yard on Port property
Existing Fluid Capacity

655 cars
240 cars
n/a
304
102
84
90
Page 18
East Bridge Yard
Storage yard in Jefferson Parish
40
Offices and Facilities

Address
5403 Coffee Drive
4822 Tchoupitoulas St.
940 Central Ave.
3510 France Rd.
4545 N. Claiborne
Office/Facility
Cotton Warehouse Yard Office
and Railcar Repair Shop
Main Administrative Office Bldg
Roundhouse Engine Terminal and
Locomotive Turntable
Register Room Bldg
Training Center Bldg
Bridge Administrative Office Bldg
and Sawmill
France Yard Office (trailer)
Claiborne Yard Office (trailer)*
Square Footage
1,500
10,000
43,000
3,000
3,000
24,000
720
1440
*Expected to come online in 1st quarter of 2017
Vehicles
YEAR
2014
2014
2006
2002
2004
2014
2007
2011
2007
2007
2008
2008
2014
2007
2006
2007
2007
2014
2014
2014
2006
2014
2008
2005
2015
2014
2015
2002
MAKE
FORD
FORD
FORD
FORD
FORD
FORD
INTL
FORD
INTL
INTL
FORD
FORD
CHEVY
FORD
CHEVY
FORD
INTL
FORD
FORD
RAM
FORD
RAM
GMC
INTL
FORD
CHEVY
FORD
CHEVY
RFQ No. 2101-02138
MODEL
F-150
EXPEDITION
F-250 CREW CAB
F-250 CREW CAB
F-250 CREW CAB
F-350 CREW CAB
DUMP
F-550
7400
7400
F-750
F-750
TAHOE
F-750
SILVERADO
F-150
7400
F-150
F-150
1500
F-450
1500
YUKON
7600 6x4
EXPEDITION
3500
EXPEDITION
SUBURBAN
VIN
1FTMF1CM1EKE65824
1FMJU1F57EEF56569
1FTSW20P06EC23893
1FTNW20L92ED37945
1FTNW20L44EC64972
1FT8W3A63EEA22820
1HTWGAAR87J453153
1FDUF5GT5BEC53328
1HTWGAARX7J523560
1HTWGAAR87J517580
3FRXF75DX8V671635
3FRXF75D18V671636
1GNSC4E03ER211896
3FRXW75P87V483205
1GCHC24U76E132865
1FTPW12VX7FA41643
1HTWGAAR37J523559
1FTMF1CM5EKD76810
1FTMF1CM9EKD76809
1C6RR7KT0ES479746
1FDXF46P06EB82010
1C6RR7KT2ES479747
1GKFC13J28R260570
1HTWYAHT75J045531
1FMJU1FT3FEF44967
1GC3KZCG2EF103364
1FMJU1FT5FEF44971
3GNGC264626294215
Page 19
2015
2005
2004
2006
2008
2009
2016
2016
2016
2016
2016
FORD
DODGE
FORD
INTL
FORD
GMC
FORD
FORD
DODGE
DODGE
FORD
EXPEDITION
1500 RAM QUAD
F-650 CREW CAB
BUCKET
F-350
YUKON
EXPEDITION
EXPEDITION
RAM QUAD PU
RAM QUAD PU
EXPEDITION
1FMJU1FT6FEF50617
1D7HA18D95JG11407
1FRNW65N14VG57367
1HTMMAAN46H213276
1FDWW30518EE11522
1GKFC33J69R134788
1FMJU1FT1GEF56634
1FMJU1FT0GEF56639
1C6RR6FT1GS126777
1C6RR6FTXGS126776
1FMJU1FT5GEF56636
Work Equipment
YEAR
2005
2006
2005
2008
2008
2012
2009
2009
2003
MAKE
JCB
JCB
TOYOTA
JOHN DEERE
JOHN DEERE
CASE
CASE
CASE
CASE
DOOSAN
KERSHAW
KERSHAW
MODEL
LOAD-ALL
LOAD-ALL
FORKLIFT
TRACTOR
TRACTOR
BACKHOE
BACKHOE
BACKHOE*
BACKHOE*
BALLAST REGULATOR
TAMPER #8
S210W-V EXCAVATOR
BRIDGE CRANE 3*
BRIDGE CRANE 2
KERSHAW
BRIDGE CRANE 4
KERSHAW
KERSHAW
BRIDGE CRANE 5
BRIDGE CRANE 6
TRACKMOBILE EQ041578-1
2016
CAT
420F2IT
2016
CAT
420F2IT
*Out of Service
Utility Equipment
YEAR
1997
2008
2008
1999
2002
2003
2008
MAKE
TRAILER
TRAILER
TRAILER
TRAILER
TRAILER
TRAILER
TRAILER
RFQ No. 2101-02138
MODEL
PULLERS PRIDE
INTERSTATE
INTERSTATE
ROADRUNNER
BAKER TRAILER
AZ-TEX
STREME
Page 20
Locomotives
YEAR
1998
1999
1998
2000
1971
1971
1971
1971
1971
1971
1997
MAKE
Motive Power
Motive Power
Motive Power
EMD
EMD
EMD
EMD
EMD
EMD
EMD
Motive Power
RFQ No. 2101-02138
MODEL
MP 2000D
MP 2000D
MP 1500D
SW 1000
SW 1500
SW 1500
SW 1500
GP 40
GP 40
GP 40
MP 1500D
Page 21
Appendix B CONTRACTING DOCUMENTS

The draft Term Sheet below contains head of terms specific to this transactions. Respondents are asked
to provide detailed comments on the draft Term Sheet, below, including any recommended changes to
the transaction structure that may result in additional value for the City. Respondents may also provide
comments and markup to the Citys standard terms and conditions which follows the Term Sheet. In the
event that any terms contained in the Term Sheet conflict with the City-standard provisions, the terms in
the Term Sheet shall control unless otherwise noted herein. Respondents should be aware that the City
is under no obligation to accept any recommended changes to any provision listed herein, and that
certain terms presented herein are required to be included in the contract resulting from this procurement
verbatim by either the Citys Charter or ordinances.
Term Sheet
Overview of Transaction
Scope of Assets (the Rail
Assets)
All core NOPB rail operating assets (Rail Assets): Rail Assets
include NOPB right-of-way, civil structures, track, switches,
interchanges, communication and signaling, rolling stock, locomotives,
offices, real estate and real property, operating buildings, storage yards,
car shops, equipment, machinery, information technology systems, and
tools.
The Rail Assets are inclusive of:
The 26.5-mile NOPB Main Track, which is broken into three
distinct segments: the Huey P. Long Bridge to the IC Interchange,
the IC Interchange to the Cotton Warehouse Yard, and the Cotton
Warehouse Yard to the east connection with the CSX at Almonaster
Bridge.
The Huey P. Long Bridge, which is a cantilevered steel through

truss bridge that carries railroad tracks and three lanes of US 90
highway in each direction.
All terminals, yards and other tracks are tracks within specific
defined yard limits. These include Cotton Warehouse Yard, France
Yard, Southport, Claiborne Yard, Pauline Yard, Race Yard, Bulk
Terminal, Locomotive Shop, Car Shop CWH Yard.
Three historic rail cars, of which two are restored and operational
and one is partially refurbished but not operational.
Land parcels and other real property owned or used by NOPB,

including vacant parcels.
Operator has inspected and accepts the NOPB Rail Assets in its present
condition and agrees that no representations or warranties with regard
to condition and fitness for use of the NOPB Rail Assets have been
made [include exceptions/carve outs].
Governance
Governance and Oversight
Operator shall be governed by the Public Belt Railroad Commission

for the City of New Orleans (NOPB Commission) and all applicable
laws.
The NOPB Commission shall provide concurrence on the following
operating activities as defined by this Agreement and all state and
federal law and regulations.
Please see:
La. R.S. 33:4530 et seq.; Home Rule Charter for the City of New
Orleans Sec. 5-201 et seq.; Code of Ordinances for the City of New
Orleans Sec. 2-291 et seq.
Operator Rights and Obligations
Term
The term of this Agreement shall be 40 years beginning on [DATE] to,
including, [DATE].
Operating Responsibilities
(Operations)
The City and Operator may mutually agree to extend the term of the
Agreement.
The NOPB shall grant the Operator full rights and responsibilities of
the Rail Assets to provide common carrier services, locomotive and rail
car repair, storage, and other related services currently conducted on
NOPB Rail Assets (Operations).
The Operator will be assigned the existing contracts, if permitted by
the Agreement or other applicable law, which NOPB has with Class I
Railroads and other third parties. These contracts will remain in force
until their expiration, and at such time the Operator can execute new
contracts subject to the requirements and limitations of this Agreement.
The Operator will assume NOPBs responsibilities for the Huey P.
Long Bridge as set out in NOPBs Joint Maintenance Agreement with
the State of Louisiana and the Amended Bridge Contract and Amended
Track Contract (Bridge Maintenance Agreements) with BNSF and
UP. The Operator shall be compensated for its costs for inspecting and
maintaining the Bridge as set out in the Bridge Maintenance
Agreements.
Provision of Personnel,
Equipment, and Facilities
Neutral Carrier
Change in Control
RFQ No. 2101-02138
The NOPB Commission may elect to retain limited maintenance

responsibilities related to the Bridge Maintenance Agreements with the
NOPB or a third party.
To the extent not included in the Rail Assets, Operator shall be
responsible for providing all personnel, equipment, and facilities that
are reasonably necessary for safe and adequate Operation of the Rail
Assets.
Operator must provide common carrier services to all Class I
Railroads, local customers on the line and the Port of New Orleans.
The State Ethics code will apply to all operations.
If the Operator is wishing to change its membership and/or structure
(including but not limited to a Change in Control), other than in respect
Page 23
Capital Improvements
Maintenance and Repairs
Performance Requirements
of a listed public company, must immediately notify the NOPB

Commission of this fact, in writing and request the NOPB
Commissions [and the Citys] written consent, and provide:
full details of the reason for the change;
full details of the parties involved;
full details of the overall impact on the Operator and NOPB;
in respect of any change related to a sale of Equity in the Company
or the Project Company, as the case may be, full details in respect
of the transaction, including full disclosure of any premium that
will be paid in relation to the sale of Equity; and
full details on how the Operator proposes to share any improvement
or benefit that results.
Operator shall make, at its own expense, Capital Improvements that are
required of the Operator by the City and NOPB Commission as part of
this Agreement (Mandatory Capital Requirements).
Operator shall have the right, but not the obligation, with prior written
approval of the NOPB Commission, to make, at its own expense,
Voluntary Capital Improvements for purposes of Operation on the Rail
Assets during the Term of the Agreement. In such Voluntary Capital
Improvements, the Operator shall be required to pay the cost of
removal of structures, excluding track improvements, where required
by the NOPB Commission at the end of the Term of the Agreement.
Where such Voluntary Capital Improvements require or involve the
replacement of an asset in place, the Operator and the NOPB
Commission shall agree in writing in advance of installation of the
replacement asset which of the Operator or the NOPB will have
ownership of the assets to be removed from the Rail Assets, and in the
absence of such written agreement such assets will belong to the City
and NOPB.
Operator shall, at its own expense, perform or cause to be performed
maintenance of the Rail Assets necessary for Operations, including
meeting the Performance Requirements set forth in the Agreement.
The Operator shall be responsible for the maintenance of track on the
Huey P. Long Bridge as defined by the Joint Maintenance Agreement
with the State of Louisiana and the Bridge Maintenance Agreements
with BNSF and UP.
The Operator is required to maintain to a minimum of FRA Class 2
track maintenance standards and operate within the specified speed
limits of NOPB. The Operator shall comply with all applicable laws
and regulations, including FRA regulations and workplace safety.
The Operator shall maintain excellent customer service performance
standards for NOPB customers, including the Port of New Orleans and
Class I railroads.
Tariffs
RFQ No. 2101-02138
Complete performance requirements will be developed at a later time

based on common industry practice and standards.
The Operator shall have the right to establish, charge, collect and
Page 24
enforce payment of fees and charges for all operations including fees
and charges for switching, storage, and rail car repair (collectively,
User Fees).
Fees for switching shall be subject to a cap equal to a fixed amount that
shall be set forth by the NOPB Commission (NOPB Tariff Cap).
Such NOPB Tariff Cap shall be adjusted for CPI [CPI as defined in
Agreement] at the end of each year.
The Operator can request a review of the NOPB Tariff Cap by the
NOPB Commission at the end of each year to make adjustments to the
NOPB Tariff Cap. The NOPB Commission, at its sole discretion, can
decide to adjust the NOPB Tariff Cap.
The Operator will assign the existing contracts, as permissible by the
contract or other applicable law that NOPB has with Class I Railroads
and other third parties. These contracts will remain in force until their
expiration, and at such time the Operator can execute new contracts
subject to the requirements and limitations of this Agreement.
Upfront Payment
Rent/Lease Payment
Hand Back Requirements
Labor
Assignment
Insurance
The Operator shall be compensated for its costs for inspecting and
maintaining the Bridge as set out in the Bridge Maintenance
Agreements.
The City is seeking a minimum upfront payment of $20 million at
Financial Close from the Operator.
Operator will make a minimum annual lease payment of $1 million to
the NOPB. The annual lease payment will be subject to escalation
based on [CPI as defined per the agreement].
Hand Back requirements to be defined based on industry-standard
performance requirements to meet the Citys expected performance
requirements for the Rail Assets at the end of the Agreement Term.
Operator shall establish a Hand Back Reserve of [$X] [X] years prior
to the expiration of the Agreement.
Operator shall recognize current NOPB employee rights, which
includes maintaining the rights of the employees of NOPB under
existing labor contracts and applicable law.
Operator shall make best efforts to retain employees of NOPB.
Operator shall not assign its Operating Rights to any entity without
prior written approval by the NOPB Commission.
NOPB has specific insurance requirements mandated by the Bridge
Maintenance Agreement as well as liability insurance requirements,
both of which will be posted on the purchasing website at
http://www.purchasing.nola.gov via addendu
NOPB Rights and Obligations

City Rights
The City shall maintain all rights under federal and State law.
The Operator shall coordinate in good faith with the City and entities to
RFQ No. 2101-02138
Page 25
Inspection, Audit, and

Reporting Requirements
reasonably accommodate the events that may interrupt operations.

These events include, but are not limited to, festivals, civic events, and
construction on adjacent property.
Operator will be required to provide reporting to the NOPB
Commission and the City on financial performance, including, but not
limited to: revenues and respective volumes, operational performance,
income statements, balance sheets, changes in equity, and cash flows.
Upon reasonable notice to the Operator, the NOPB Commission may,
at its own expense, audit the books and records of the Operator with
respect to its operation of NOPB, including, without limitation, for
purposes of verifying the Operator's compliance with the provisions of
the Agreement. The NOPB Commission may also inspect, at its own
expense, the Rail Assets if it feels there was a violation of the
Performance Requirements.
These Requirements are in addition to any inspection, audit, and
reporting requirements set out in the Citys standard terms and
conditions.
Other Items
Compensation Events
Conditions Precedent
Representations and
Warranties
Limitation on Liability
Indemnification
Step-In Rights
Termination for Convenience
To be defined based on market standards in the Agreement.

Operator agrees to indemnify and hold the NOPB, the City of New
Orleans and the State of Louisiana harmless from and against any loss,
claim, damage, cause of action or absolute liability (including without
limitation, reasonable counsel fees) caused by the negligence, reckless,
intentional or willful misconduct of the NOPB, its employees, agents,
contractors or subcontractors.
Operator and the NOPB Commission shall have the right to terminate
this Agreement at its discretion upon written notification [one hundredeighty (180) days] in advance of Operators actual cessation of service.
A suitable compensation mechanism will be developed in Agreement
to address Termination for Convenience.
Upon expiration or termination of this Agreement, Operator shall
immediately file for discontinuance of its service on the NOPB with
the Surface Transportation Board.
Termination for Default

Force Majeure
RFQ No. 2101-02138
In the case of a Termination for Convenience event, all Rail Assets will
revert to the City and the NOPB Commission.
In the event of an occurrence beyond the reasonable control of
Operator, including but not limited to, an act of God, a flood, act of
terrorism, or a major explosion or fire, which prevents or materially
impairs Operators ability to provide rail service (Force Majeure)
Page 26
over all or a part of the NOPB (the Damaged NOPB), Operators

obligation to provide rail service over the Damaged NOPB under this
Agreement is excused until such time as the Damaged NOPB becomes
operational.
Federal and State Legal

Compliance
It is expressly agreed that the City, the NOPB Commission or Operator

retains the option to terminate the Agreement, upon the occurrence of
any act deemed to be Force Majeure in the event such Force Majeure
is not remedied within [180] consecutive days.
Operator, in the execution of its duties and obligations under this
Agreement, agrees to comply with all applicable federal, state and local
laws, rules, regulations and ordinances.
Operator agrees to comply with all applicable state and Federal laws
regarding drug-free workplace.
Operator, City, and NOPB

Default
Operator will comply with, and shall cause its officers, employees and
any other persons over whom it has control to comply with, all
municipal, state and federal laws, ordinances, and rules and regulations
applicable to the work of Operator pursuant to the Agreement and is
responsible for any violation of same.
Citys Standard Terms and Conditions

1.
ACKNOWLEDGMENT OF EXCLUSION OF UNEMPLOYMENT COMPENSATION
COVERAGE. The Contractor herein expressly declares and acknowledges that it is an independent
contractor, and as such is being hired by the City under this Agreement for hire as noted and defined in
R.S. 23:1472 (E), and therefore, it is expressly declared and understood between the parties hereto, in
entering into this Agreement, or agreement for hire, and in connection with unemployment
compensation only, that:
a. The Contractor has been and will be free from any control or direction by the City over the
performance of the services covered by this agreement; and
b. Services to be performed by the Contractor are outside the normal course and scope of the
Citys usual business; and
c. The Contractor has been independently engaged in performing the services listed herein prior
to the date of this Agreement.
Consequently, neither the Contractor nor anyone employed by the Contractor shall be considered an
employee of the City for the purpose of unemployment compensation coverage, the same being hereby
expressly waived and excluded by the parties hereto.
2.
ACKNOWLEDGMENT OF EXCLUSION OF WORKERS COMPENSATION
COVERAGE. The Contractor herein expressly agrees and acknowledges that it is an independent
contractor as defined in R.S. 23:1021 (6) and as such, it is expressly agreed and understood between the
parties hereto, in entering into this Agreement, that the City shall not be liable to the Contractor for any
benefits or coverage as provided by the Workmen's Compensation Law of the State of Louisiana, and
RFQ No. 2101-02138
Page 27
further, under the provisions of R.S. 23:1034 anyone employed by the Contractor shall not be considered
an employee of the City for the purpose of Workers Compensation coverage.
3.
AMENDMENT. The Agreement shall not be modified except by written amendment executed
by duly authorized representatives of the parties.
4.
ASSIGNABILITY. The Contractor shall not assign any interest in this Agreement and shall not
transfer any interest in the same without prior written consent of the City.
5.
AUDIT AND INSPECTION:
A. The Contractor will submit to any City audit, inspection, and review and, at the Citys
request, will make available all documents relating or pertaining to this Agreement maintained by or
under the control of the Contractor, its employees, agents, assigns, successors and subcontractors, during
normal business hours at the Contractors office or place of business in Louisiana. If no such location is
available, the Contractor will make the documents available at a time and location that is convenient for
the City.
B. The Contractor will abide by all provisions of City Code 2-1120, including but not limited
to City Code 2-1120(12), which requires the Contractor to provide the Office of Inspector General
with documents and information as requested. Failure to comply with such requests shall constitute a
material breach of the Agreement. The Contractor agrees that it is subject to the jurisdiction of the
Orleans Parish Civil District Court for purposes of challenging a subpoena.
6.
CHOICE OF LAWS. This Agreement shall be construed and enforced in accordance with the
laws of the State of Louisiana, without regard to its conflict of laws provisions.
7.
CONFLICT OF INTEREST. In the interest of ensuring that efforts of the Contractor do not
conflict with the interests of the City, and in recognition of the Contractors responsibility to the City,
the Contractor agrees to decline any offer of employment if its independent work on behalf of the City is
likely to be adversely affected by the acceptance of such employment. The initial determination of such
a possibility rests with the Contractor. It is incumbent upon the Contractor to notify the City and
provide full disclosure of the possible effects of such employment on the Contractor's independent work
in behalf of the City. Final decision on any disputed offers of other employment for the Contractor shall
rest with the City.
8.
CONSTRUCTION OF AGREEMENT. Neither party will be deemed to have drafted the
Agreement. The Agreement has been reviewed by all parties and will be construed and interpreted
according to the ordinary meaning of the words used so as to fairly accomplish the purposes and
intentions of all parties. No term of the Agreement will be construed or resolved in favor of or against
the City or the Contractor on the basis of which party drafted the uncertain or ambiguous language. The
headings and captions of the Agreement are provided for convenience only and are not intended to have
effect in the construction or interpretation of the Agreement. Where appropriate, the singular includes
the plural, and neutral words and words of any gender include the neutral and other gender.
9.
CONVICTED FELON STATEMENT. The Contractor complies with City Code 2-8(c) and
no principal, member, or officer of the Contractor has, within the preceding five (5) years, been
convicted of, or pled guilty to, a felony under state or federal statutes for embezzlement, theft of public
funds, bribery, or falsification or destruction of public records.
10.
COUNTERPARTS. This Agreement may be executed in one or more counterparts, each of
which shall be deemed to be an original copy of this Agreement, but all of which, when taken together,
shall constitute one and the same agreement.
11.
DECLARED DISASTER.
RFQ No. 2101-02138
Page 28
A. Declaration. During the declaration of an emergency by federal, state, and/or local

government, the Contractor shall provide support to the City on an as-needed and task-order-driven
basis. Because of the uncertainty of the scale and/or type of emergency, the services to be provided by
the Contractor will vary and may need to be adjusted as needs are identified. The Contractor may be
requested to provide a range of services. Said services may need to be rendered on a continual basis (24
hours / 7 days per week) during the declaration of an emergency.
B. Task Order. Notification and Personnel. Prior or during the declaration of an emergency,
the City will notify the Contractor via task order if the City requires the Contractors support. Upon
activation by task order, the Contractor will provide the City with contact information of personnel
assigned to the task order; and coordinate with the City to identify any personnel available to meet the
Citys needs.
C. Purchase Order. Once services are identified, the City will issue a purchase order to the
Contractor. The City will issue a subsequent purchase order in case of additional needs for services, or
may issue a modified purchase order if changes are made to the initial purchase order.
D. The Contractor will ensure that the City is provided with timely and accurate reports and
other documentation, as requested.
12.
DISADVANTAGED BUSINESS ENTERPRISE (DBE) PROGRAM.
A. In General. The Contractor agrees to abide by the City Code sections 70-496, et seq., to use
its best efforts to carry out all applicable requirements of the Citys DBE Program for the administration
of this Agreement, as set forth in the City Code and any applicable rules adopted thereunder. The Citys
Office of Supplier Diversity (OSD) oversees the DBE Program and assigns a DBE Compliance
Officer (DBECO) to ensure compliance.
B. Monitoring. To ensure compliance with DBE requirements during the term of this
Agreement, the DBECO will monitor the Contractor use of DBE subcontractors/suppliers (DBE
Entities) through the following actions:
1.
Job site visits;
2. Electronic payment tracking via the Contract Compliance Monitoring System or other
means as approved by the OSD;
3.
Routine audits of contract payments to all subcontractors;
4.
Reviewing of records and reports; and/or
5.
Interviews of selected personnel.
The DBECO may schedule inspections and on-site visits with or without prior notice to the
Contractor or DBE Entities.
C. Cooperation. The Contractor shall:
1. Designate an individual as the DBE Liaison who will monitor the Contractors DBE
participation as well as document and maintain records of Good Faith Efforts with
DBE Entities.
2. Execute written contracts with DBE Entities that meet the applicable DBE goals.
a. The Contractor shall provide the DBECO with copies of said contracts within
thirty (30) days from the date this Agreement is fully executed between the City
and the Contractor.
b. The Contractor shall agree to promptly pay subcontractors, including DBE
Entities, in accordance with law.
RFQ No. 2101-02138
Page 29
3. Establish and maintain the following records for review upon request by the OSD:
a. Copies of written contracts with DBE Entities and purchase orders;
b. Documentation of payments and other transactions with DBE Entities;
c. Appropriate explanations of any changes or replacements of DBE Entities, which
may include a record of Post-Award Good Faith Efforts for each certified firm
that the Contractor does not use in accordance with the approved DBE
participation submission;
d. Any other records required by the OSD.
The Contractor is required to maintain such records for three (3) years after completion or
closeout of this Agreement. Such records are necessary to determine compliance with their DBE
obligations.
4. Post monthly payments and submit regular reports to the DBECO as required via the
online Contract Compliance Monitoring System or other means approved by the OSD.
a. The Contractor shall submit the initial report outlining DBE participation within
thirty (30) days from the date of notice to proceed (or equivalent document)
issued by the City to the Contractor. Thereafter, DBE Utilization reports shall
be due on or before the fifteenth (15th) day of each month until all DBE
subcontracting work is completed.
b. Reports are required even when no activity has occurred in a monthly period.
c. If the established percentage is not being met, the monthly report shall include a
narrative description of the progress being made in DBE participation.
d. The Contractor may also be required to attach or upload copies of canceled
checks or bank statements that identify payer, payee and amount of transfer to
verify payment information as indicated on the form.
5. Conform to the established percentage as approved by the OSD.
a. The total dollar amount of the Agreement shall include approved change orders
and amendments. For a requirements contract, the total dollar amount shall be
based in actual quantities ordered.
b. No changes to the established percentage and DBE Entities submitted on DBE
Compliance Form-1 shall be allowed without approval by the OSD.
c. The City will not adjust the contract for any increase in cost due to replacement of
DBE Entities.
D. Post-Award Modification. The OSD may grant a post-award modification request if:
a. for a reason beyond the Contractors control, the Contractor is unable to use the
certified DBE entity submitted on DBE Compliance Form-1 to perform the
specified work. The Contractor must notify the OSD of the intent for removal
and substitution of a certified DBE immediately upon determination of that the
DBE submitted on Compliance Form -1 is unable to perform the specified work.
In such case, the Contractor shall use and document Good Faith Efforts to find
a similarly qualified and certified DBE entity to perform such specified work.
The same criteria used for establishing Good Faith Efforts in maximizing the
participation of DBE Entities prior to awarding the Agreement will also apply to
RFQ No. 2101-02138
Page 30
the substitution of DBE subcontractors during the performance of the Agreement;

or
b. the Contractor reasonably believes that, due to a change of scope, execution of the
work in accordance with the directions from the City is unlikely to meet the
established percentage or terms. In such case, the Contractor shall use and
document Good Faith Efforts to achieve a reasonable amount of DBE
participation on the remaining work on the Agreement.
13.
ELECTRONIC SIGNATURE AND DELIVERY. The Parties agree that a manually signed
copy of this Agreement and any other document(s) attached to this Agreement delivered by facsimile,
email or other means of electronic transmission shall be deemed to have the same legal effect as delivery
of an original signed copy of this Agreement. No legally binding obligation shall be created with respect
to a party until such party has delivered or caused to be delivered a manually signed copy of this
Agreement.
14.
EMPLOYEE VERIFICATION. The Contractor swears that (i) it is registered and participates
in a status verification system to verify that all employees in the State of Louisiana are legal citizens of
the United States or are legal aliens; (ii) it shall continue, during the term of this Agreement, to utilize a
status verification system to verify the legal status of all new employees in the State of Louisiana; and
(iii) it shall require all subcontractors to submit to the Contractor a sworn affidavit verifying compliance
with items (i) and (ii) above. Any violation of the provisions of this paragraph may subject this
Agreement to termination, and may further result in the Contractor being ineligible for any public
contract for a period of three years from the date the violation is discovered. The Contractor further
acknowledges and agrees that it shall be liable for any additional costs incurred by the City occasioned
by the termination of this Agreement or the loss of any license or permit to do business in the State of
Louisiana resulting from a violation of this provision. The Contractor will provide to the City a sworn
affidavit attesting to the above provisions if requested by the City. The City may terminate this
Agreement for cause if the Contractor fails to provide such the requested affidavit or violates any
provision of this paragraph.
15.
ENTIRE AGREEMENT. This Agreement, including all incorporated documents, constitutes
the final and complete agreement and understanding between the parties. All prior and contemporaneous
agreements and understandings, whether oral or written, are superseded by this Agreement and are
without effect to vary or alter any terms or conditions of this Agreement.
16.
EQUAL EMPLOYMENT OPPORTUNITY. In all hiring or employment made possible by,
or resulting from this agreement, there (1) will not be any discrimination against any employee or
applicant for employment because of race, color, religion, gender, age, physical or mental disability,
national origin, sexual orientation, creed, culture, or ancestry, and (2) where applicable, affirmative
action will be taken to ensure that the Contractors employees are treated during employment without
regard to their race, color, religion, gender, age, physical or mental disability, national origin, sexual
orientation, creed, culture, or ancestry. This requirement shall apply to, but not be limited to the
following: employment, upgrading, demotion or transfer, recruitment or recruitment advertising, layoff
or termination, rates of pay or other forms of compensation and selection for training, including
apprenticeship. All solicitations or advertisements for employees shall state that all qualified applicants
will receive consideration for employment without regard to race, color, religion, gender, age, physical
or mental disability, national origin, sexual orientation, creed, culture, or ancestry.
17.
EXCLUSIVE JURISDICTION AND VENUE. For all claims arising out of or related to this
Agreement, the Contractor hereby consents and yields to the jurisdiction of the Civil District Court for
the Parish of Orleans, and expressly waives any (A) pleas of jurisdiction based upon Contractors
residence and (B) right of removal to federal court based upon diversity of citizenship.
RFQ No. 2101-02138
Page 31
18.
INCORPORATION INTO SUBCONTRACTS. The Contractor will incorporate these
Agreement Terms and Conditions into all subcontracts, by reference or otherwise, and will require all
subcontractors to comply with these provisions.
19.
INDEPENDENT CONTRACTOR STATUS. The Contractor is an independent contractor and
shall not be deemed an employee, servant, agent, partner, or joint venture of the City and will not hold
itself or any of its employees, subcontractors or agents to be an employee, partner, or agent of the City.
20.
LIMITATIONS OF THE CITYS OBLIGATIONS. The City has no obligations not
explicitly set forth in this Agreement or any incorporated documents or expressly imposed by law.
21.
LIVING WAGES. To the fullest extent permitted by law, the Contractor agrees to abide by
City Code sections 70-801, et seq., which requires payment of a wage to covered employees equal to the
amounts defined in the Code (Living Wage). If the Contractor fails to comply with the requirements
of the Living Wage during the term of the Agreement, said failure may result in termination of the
Agreement or the pursuit of other remedies by the City.
22.
NO THIRD PARTY BENEFICIARIES. The Agreement is entered into for the exclusive
benefit of the City and the Contractor, and the City and the Contractor expressly disclaim any intent to
benefit anyone not a party to this Agreement.
23.
NON-DISCRIMINATION. In the performance of this Agreement, the Contractor will not
discriminate on the basis, whether in fact or perception, of a person's race, color, creed, religion, national
origin, ancestry, age, sex (gender), sexual orientation, gender identity, domestic partner status, marital
status, physical or mental disability, or AIDS- or HIV-status against (1) any employee of the City
working with the Contractor in any of Contractors operations within Orleans Parish or (2) any person
seeking accommodations, advantages, facilities, privileges, services, or membership in all business,
social, or other establishments or organizations operated by the Contractor. The Contractor agrees to
comply with and abide by all applicable federal, state and local laws relating to non-discrimination,
including, without limitation, Title VI of the Civil Rights Act of 1964, Section V of the Rehabilitation
Act of 1973, and the Americans with Disabilities Act of 1990.
24.
NON-EXCLUSIVITY. This Agreement is non-exclusive and the Contractor may provide
services to other clients, subject to the Citys approval of any potential conflicts with the performance of
this Agreement and the City may engage the services of others for the provision of some or all of the
work to be performed under this Agreement.
25.
NON-SOLICITATION. The Contractor has not employed or retained any company or person,
other than a bona fide employee working solely for him, to solicit or secure the subject Agreement. The
Contractor has not paid or agreed to pay any person, other than a bona fide employee working for him,
any fee, commission, percentage, gift, or any other consideration contingent upon or resulting from the
subject Agreement.
26.
NON-WAIVER. The failure of the City to insist upon strict compliance with any provision of
the Agreement, to enforce any right or to seek any remedy upon discovery of any default or breach of
the Contractor at such time as the initial discovery of the existence of such noncompliance, right, default
or breach shall not affect or constitute a waiver of the Citys right to insist upon such compliance,
exercise such right or seek such remedy with respect to that default or breach or any prior
contemporaneous or subsequent default or breach.
27.
OWNERSHIP INTEREST DISCLOSURE. The Contractor will provide a sworn affidavit
listing all natural or artificial persons with an ownership interest in the Contractor and stating that no
other person holds an ownership interest in the Contractor via a counter letter. For the purposes of this
provision, an ownership interest shall not be deemed to include ownership of stock in a publicly
traded corporation or ownership of an interest in a mutual fund or trust that holds an interest in a
RFQ No. 2101-02138
Page 32
publicly traded corporation. If the Contractor fails to submit the required affidavits, the City may, after
thirty (30) days written notice to the Contractor, take such action as may be necessary to cause the
suspension of any further payments until such the required affidavits are submitted.
28.
OWNERSHIP OF RECORDS. Upon final payment, all data collected and all products of
work prepared, created or modified by Contractor in the performance of this Agreement, including
without limitation any and all notes, tables, graphs, reports, files, computer programs, source code,
documents, records, disks, original drawings or other such material, regardless of form and whether
finished or unfinished, but excluding the Contractors personnel and administrative records and any
tools, systems, and information used by the Contractor to perform the services under this Agreement,
including computer software (object code and source code), know-how, methodologies, equipment, and
processes and any related intellectual property (collectively, Work Product) will be the exclusive
property of City and the City will have all right, title and interest in any Work Product, including
without limitation the right to secure and maintain any copyright, trademark, or patent of Work Product
in the Citys name. No Work Product may be reproduced in any form without the Citys express written
consent. The City may use and distribute any Work Product for any purpose the City deems appropriate
without the Contractors consent and for no additional consideration to the Contractor.
29.
PROHIBITION AGAINST FINANCIAL INTEREST IN AGREEMENT. No elected
official or employee of the City shall have a financial interest, direct or indirect, in the Agreement,
including through any financial interest held by the spouse, child, or parent. Any willful violation of this
provision, with the expressed or implied knowledge of the Contractor, will render this Agreement
voidable by the City and shall entitle the City to recover, in addition to any other rights and remedies
available to the City, all monies paid by the City to the Contractor pursuant to this Agreement without
regard to the Contractors satisfactory performance.
30.
PROHIBITION ON POLITICAL ACTIVITY. None of the funds, materials, property, or
services provided directly or indirectly under the terms of this Agreement shall be used in the
performance of this Agreement for any partisan political activity, or to further the election or defeat of
any candidate for public office.
31.
REMEDIES CUMULATIVE. No remedy set forth in the Agreement or otherwise conferred
upon or reserved to any party shall be considered exclusive of any other remedy available to a party.
Rather, each remedy shall be deemed distinct, separate and cumulative and each may be exercised from
time to time as often as the occasion may arise or as may be deemed expedient.
32.
SEVERABILITY. If a court of competent jurisdiction finds any provision of the Agreement to
be unenforceable as written, the unenforceable provision should be reformed, if possible, so that it is
enforceable to the maximum extent permitted by law, or, if reformation is not possible, the
unenforceable provision will be fully severable and the remaining provisions of the Agreement will
remain in full force and effect and will be construed and enforced as if the unenforceable provision was
never a part the Agreement.
33.
SUBCONTRACTOR REPORTING. The Contractor will provide a list of all natural or
artificial persons who are retained by the Contractor at the time of the Agreements execution and who
are expected to perform work as subcontractors in connection with the Contractors work for the City.
For any subcontractor proposed to be retained by the Contractor to perform work on the Agreement with
the City, the Contractor must provide notice to the City within thirty (30) days of retaining that
subcontractor. If the Contractor fails to submit the required lists and notices, the City may, after thirty
(30) days written notice to the Contractor, take any action it deems necessary, including, without
limitation, causing the suspension of any payments, until the required lists and notices are submitted.
34.
SURVIVAL OF CERTAIN PROVISIONS. All representations and warranties and all
obligations concerning record retention, inspections, audits, ownership, indemnification, payment,
RFQ No. 2101-02138
Page 33
remedies, jurisdiction, venue, choice of law, and warranties shall survive the expiration, suspension, or
termination of the Agreement and continue in full force and effect.
35.
SUSPENSION. The City may suspend this Agreement at any time and for any reason by giving
two (2) business days written notice to the Contractor. The Contractor will resume work upon five (5)
business days written notice from the City.
36.
TERMS BINDING. The terms and conditions of the Agreement are binding on any heirs,
successors, transferees, and assigns.
37.
WAIVER OF BENEFITS. The Contractor, as an independent contractor, will not receive from
the City any sick and annual leave benefits, medical insurance, life insurance, paid vacations, paid
holidays, sick leave, pension, or Social Security for any services rendered to the City under this
Agreement.
RFQ No. 2101-02138
Page 34
Appendix C DBE REQUIREMENTS

1
DBE PARTICIPATION PLAN

The Respondent shall submit a DBE Participation Plan as a part of their submission, and the failure to submit
such a Plan which conforms to the requirements set forth herein shall render a Respondent non-responsive.
The Plan should be set forth on a separate page(s), and shall be clearly marked as Appendix C DBE Plan.
Said Plan should include, at a minimum (a) a statement of Respondents proposed scope of work to be
subcontracted to DBEs, (b) any efforts undertaken thus far to engage DBEs to perform said work, (c) planned
outreach efforts to engage DBEs in the project, (d) any identified DBE subcontractors who may perform the
work., and (e) a description of Respondents history of working with DBEs.
DBE PROGRAM COMPLIANCE

The requirements of the City of New Orleans (City) Disadvantaged Business Enterprise (DBE) Program
apply to this Agreement. It is the policy of the City to practice nondiscrimination based on social and
economic disadvantage, race, color, gender, disability and national origin in the award and performance of
contracts.
In consideration of this policy and pursuant to Division 2 of Article IV of Chapter 70 of the Code of the City,
the City enacted the DBE Program for all City contracts.
Contractor agree to use its best efforts to fully and completely carry out the applicable requirements of the
Citys DBE Program in the award and administration of this Agreement, including without limitation, all
reporting requirements and established DBE participation percentage. The Contractors failure to carry out
these requirements, as determined in good faith by the Citys Office of Supplier Diversity (OSD), shall be
deemed a material breach of this Agreement. This material breach may result in the termination of this
Agreement and/or the pursuit of any other remedies available to the City under any applicable law, ordinance,
or rule, including, but not limited to those set forth in the Citys Policy Memorandum for the DBE Program
DBE CONTRACT GOAL

The requested DBE Contract Goal is listed in the contract section of the invitation to bid.
Participation shall be counted toward meeting the contract goal based on the following:
1. Only business entities certified as SLDBE or LAUCP-DBE are counted toward the contract DBE
participation goal.
2. The Bidder/Respondent may count only the total dollar value of the subcontract awarded to certified DBE
subcontractor/supplier(s) toward the contract goal.
3. A Bidder/Respondent can count 100 % of the DBEs participation provided that the DBE has committed
to performing at least 51% of the work with its own forces.
4. Bidder/Respondent may count 100 % of DBE Manufacturer Suppliers participation and 60 % of DBE
Non-Manufacturer suppliers participation toward its contract goal.
5. When the Bidder/Respondent is in a joint venture with one or more DBE business entities, the OSD, after
reviewing the joint venture agreement, shall determine the percent of participation that will be counted
toward the contract goal.
6. Bidder/Respondent may count toward its contract goal only those DBE subcontractors/suppliers
performing a Commercially Usefully Function.
7. DBE Commercially Useful Function means a discrete task or group of tasks, the responsibility for
performance of which shall be discharged by the DBE firm by using its own forces or by actively
supervising on-site the execution of the tasks by another entity for whose work the DBE firm is
responsible. In determining whether a certified firm is performing a commercially useful function, factors
including, but not limited to, the following shall be considered:
RFQ No. 2101-02138
Page 35
a. Whether the business entity has the skill and expertise to perform the work for which it is being
utilized and possesses all necessary licenses;
b. Whether the firm is in the business of performing, managing, or supervising the work for which it has
been certified and is being utilized;
c. Whether the DBE subcontractor is performing a real and actual service that is a distinct and verifiable
element of the work called for in a contract; and
d. Whether the DBE subcontractor performed at least thirty percent (30%) of the cost of the subcontract
(including the cost of materials, equipment or supplies incident to the performance of the subcontract)
with their own forces.
4
DBE DIRECTORY
Contractors may only utilize certified SLDBE and/or Louisiana Unified Certification Program (LAUCP) DBE
firms from the following lists to meet the Citys DBE Program goals.
a. Contractors agree to utilize the Citys SLDBE directory of certified firms as a first source when
searching for certified DBE business entities. The SLDBE directory includes entities certified through
Sewerage and Water Board of New Orleans, New Orleans Aviation Board and Harrahs New Orleans.
The SLDBE directory is available at www.nola.gov.
b. The Louisiana Unified
www.dotd.louisiana.gov.
Certification
Program
(LA
UCP)
directory
is
available
at
Information on locating these directories may also be requested from the OSD at supplierdiversity@nola.gov.
5
GOOD FAITH EFFORT POLICY

In accordance with Sec.70-461 of the City Code, the City shall reject any bid and shall not award, enter into or
amend any contract that is not supported by documentation establishing that the Bidder/Respondent has met
the applicable contract DBE participation Goal or made Good Faith Efforts to the applicable contract DBE
participation goal.
Good Faith Efforts are steps taken to achieve a contract DBE participation goal or other requirements which,
by their scope, intensity and usefulness demonstrate the Bidders or Respondents responsiveness to fulfilling
the Citys DBE Program goals prior to the award of a contract, as well as the Contractors responsibility to put
forth measures to meet or exceed the contract DBE participation goal throughout the duration of the contract.
The OSD shall be responsible for determining whether a Bidder/Respondent has made their best efforts to
achieve the DBE Program contracting objectives. In making this determination, the DBE Compliance Officer
shall consider the following factors:
a. SPECIFIC PORTIONS OF WORK IDENTIFIED FOR DBE SUBCONTRACTOR:
1. Bidder/Respondent listed all selected scopes or portions of work to be performed by DBEs in order to
increase the likelihood of meeting the contract goal for the project
2. Bidder/Respondent listed the estimated value of each scope or portions of work identified.
b. NOTIFYING CERTIFIED DBEs OF CONTRACTING OPPORTUNITIES:
1. Bidder/Respondent contacted the OSD to request submission of subcontracting opportunities on the
DBE Opportunities page.
2. Bidder/Respondent included a copy of each announcement or notification.
c. INITIAL SOLICITATION & FOLLOW-UP:
RFQ No. 2101-02138
Page 36
1. Bidder/Respondent listed all certified DBE firms that received written notification of work items to
be subcontracted and documented the certified firms response.
2. Bidder/Respondent included copies of the written notice(s) sent to certified firms.
d. NEGOTIATE IN GOOD FAITH:
1. Bidder/Respondent provided an explanation for any rejected DBE bid or price quotation.
2. Bidder/Respondent included a copy of the written rejection notice including the reason for rejection
to the rejected DBE firm.
If a Bidder/Respondent fails to submit documented Good Faith Efforts as outlined, the bid shall be considered
non-responsive.
The OSD may take into account the performance of other Bidders/Respondents in meeting the contract DBE
participation goal and may, if deemed advisable, request further information, explanation or justification from
any Bidder/Respondent. For example, Bidders past performance on similar contracts with similar scopes
and/or a Respondents prior history utilizing DBEs will also be taken in consideration when determining
Good Faith Efforts.
Good Faith Efforts shall be monitored throughout the life of the contract and evaluated on a case-by-case
basis in making a determination whether a Bidder or Respondent is in compliance with the Good Faith Effort
policy.
To obtain a copy of the Good Faith Effort Policy contact OSD at supplerdiversity@nola.gov.
6
REQUIRED DBE FORMS for BIDs/RFPs/RFQs

To ensure the full participation of DBEs in all phases of the Citys procurement activities, all
Respondents at time of Non-Binding Offer submission shall complete and submit a DBE Participation
Plan.
DBE Participation Plan (Attachment C): A completed DBE Participation Plan shall be considered a
methodology on how the Respondent plans to meet the contract DBE participation goal if awarded the
project. If a DBE Participation Plan (Attachment C) is not submitted, it shall be determined that the
Respondent was non-responsive to the DBE provisions and the offer will not be evaluated by the
selection committee.
Within ten (10) days of the Citys selection of a Preferred Respondent, the selected Respondent shall
complete and submit a DBE Compliance Form-1: This form is used to establish your DBE commitment
on a City Bid, RFP or solicitation response. The selected Respondent shall provide a list of all proposed
DBE subcontractor(s).
a. If the amount of DBE participation committed on DBE Compliance Form-1 is less than the
Contract Goal, the selected Respondent shall complete DBE Compliance Form-2: This form is
used to document Good Faith Efforts when the amount of DBE participation committed on DBE
Compliance Form-1 is less than the contract DBE participation goal. The selected Respondent
shall provide all required supporting documentation of demonstrated Good Faith Efforts as
specified on DBE Compliance Form-2.
The OSD shall review the contents of all required DBE Compliance Forms and may, if deemed advisable,
request further information, explanation or justification from any Bidder/Respondent. Thereafter, the
Contractor shall be bound by the established percentage, as approved by the OSD.
CONTRACTOR COOPERATION
The Contractor shall:
a. Designate an individual as the DBE Liaison who will monitor the Contractors DBE participation as
well as document and maintain records of Good Faith Efforts with DBE subcontractors/suppliers
(DBE Entities).
RFQ No. 2101-02138
Page 37
b. Execute written contracts with DBE Entities that meet the applicable DBE goals.
1. The Contractor shall provide the DBE Compliance Officer (DBECO) with copies of said contracts
within thirty (30) days from the date the Agreement is fully executed between the City and the
Contractor.
2. The Contractor shall agree to promptly pay subcontractors, including DBE Entities, in accordance
with law.
c. Establish and maintain the following records for review upon request by the OSD:
1. Copies of written contracts with DBE Entities and purchase orders;
2. Documentation of payments and other transactions with DBE Entities;
3. Appropriate explanations of any changes or replacements of DBE Entities, which may include a
record of Post-Award Good Faith Efforts for each certified firm that the Contractor does not use in
accordance with the approved DBE participation submission; and
4. Any other records required by the OSD.
The Contractor is required to maintain such records for three (3) years after completion or closeout of the
Agreement. Such records are necessary to determine compliance with their DBE obligations.
d. Post monthly payments and submit regular reports to the DBECO as required via the online Contract
Compliance Monitoring System or other means approved by the OSD.
1. The Contractor shall submit the initial report outlining DBE participation within thirty (30) days from
the date of notice to proceed (or equivalent document) issued by the City to the Contractor.
Thereafter, DBE Utilization reports shall be due on or before the fifteenth (15th) day of each month
until all DBE subcontracting work is completed.
2. Reports are required even when no activity has occurred in a monthly period.
3. If the established percentage is not being met, the monthly report shall include a narrative description
of the progress being made in DBE participation.
4. The Contractor may also be required to attach or upload copies of canceled checks or bank statements
that identify payer, payee and amount of transfer to verify payment information as indicated on the
form.
e. Conform to the established percentage as approved by the OSD.
1. The total dollar amount of the Agreement shall include approved change orders and amendments.
For a requirements contract, the total dollar amount shall be based in actual quantities ordered.
2. No changes to the established percentage and DBE Entities submitted on DBE Compliance Form-1
shall be allowed without approval by the OSD.
3. The City will not adjust the contract for any increase in cost due to replacement of DBE Entities.
8
POST-AWARD MODIFICATION
The OSD may grant a post-award modification request if:
a. for a reason beyond the Contractors control, the Contractor is unable to use the certified DBE entity
submitted on DBE Compliance Form-1 to perform the specified work. The Contractor must notify
the OSD of the intent for removal and substitution of a certified DBE immediately upon determination
of that the DBE submitted on Compliance Form -1 is unable to perform the specified work. In such
case, the Contractor shall use and document Good Faith Efforts to find a similarly qualified and
certified DBE entity to perform such specified work. The same criteria used for establishing Good
Faith Efforts in maximizing the participation of DBE Entities prior to awarding the Agreement will
also apply to the substitution of DBE subcontractors during the performance of the Agreement; or
RFQ No. 2101-02138
Page 38
b. the Contractor reasonably believes that, due to a change of scope, execution of the work in accordance
with the directions from the City is unlikely to meet the established percentage or terms. In such case,
the Contractor shall use and document Good Faith Efforts to achieve a reasonable amount of DBE
participation on the remaining work on the Agreement.
9
MONITORING DBE PARTICIPATION

To ensure compliance with DBE requirements during the term of the Agreement, the DBECO will monitor
the Contractor use of DBE subcontractors/suppliers (DBE Entities) through the following actions:
a. Job site visits;
b. Electronic payment tracking via the Contract Compliance Monitoring System or other means as
approved by the OSD;
c. Routine audits of contract payments to all subcontractors;
d. Reviewing of records and reports; and/or
e. Interviews of selected personnel.
The DBECO may schedule inspections and on-site visits with or without prior notice to the Contractor or
DBE Entities.
10 FAILURE TO COMPLY
If the DBECO determines in good faith that the Contractor failed to carry out the requirements of the DBE
Program, such failure may be deemed a material breach of this Agreement. This material breach may result in
the termination of the Agreement and/or the pursuit of any other remedies available to the City under any
applicable law, ordinance, or rule, including, but not limited to those set forth in the Citys Policy
Memorandum for the DBE Program.
All DBE Compliance forms are maintained by the OSD and are subject to change.
Please contact the OSD at supplierdiversity@nola.gov to request a copy of all DBE referenced
documents.
RFQ No. 2101-02138
Page 39
DISADVANTAGED BUSINESS ENTERPRISE (DBE) PARTICIPATION PLAN
(Attached)
RFQ No. 2101-02138
Page 40
Office of
Diversity
OFFICE
OFSupplier
SUPPLIER
DIVERSITY
Contact Office of Supplier Diversity for

questions on completing this form.
Via email: supplierdiversity@nola.gov
OR
1340 Poydras Street, 18th Floor
New Orleans, LA 70112
EQUAL BUSINESS OPPORTUNITY PROGRAMS

CITY
OF NEW ORLEANS
E RESPONSIVENESS AND DOCUMENTATION OF GOOD FAITH EFFORTS

DBE Responsiveness
DBE FORM - 1 Form-3
RESPONDENTS: This completed form must be furnished to the Bureau of Purchasing with your proposal. You must complete every section of the form or your proposal will be
BUSINESS
ENTERPRISE
(DBE)
deemed non-responsive. If a section is not applicable to yourDISADVANTAGED
proposal, you must explain
why it is not
applicable or your
proposal will be deemed non-responsive. You must
submit your response on the DBE Responsiveness Form 3 or your proposal will be deemed non-responsive. You may use additional pages as warranted.
RFP/RFQ/Solicitation #: __________________________
Date: _____/_____/______
Description: ________________________________________________________________________________________________________________________________________
Name of Respondent: _________________________________________________________________________________________
Please check the appropriate space:
The proposer is committed to the contract goal of _____ % DBE utilization. (If selected, you must complete and submit DBE Compliance Form 1 in order to be awarded a contract.)
The proposer is unable to meet the DBE contract goal, however is committed to a minimum of _______% DBE utilization and will submit documentation demonstrating good faith efforts.
(If selected, you must complete and submit DBE Compliance Form 1 and/or DBE Compliance Form-2 along with all required supporting documentation in order to be awarded a contract.)
SECTION I - DBE COMMITTEMENT TO CONTRACT GOAL: You must list all DBE firms that you have identified to participate on the contract. PLEASE NOTE: Every DBE
firm listed must be utilized on the project. To remove and/or replace a DBE firm you must submit a DBE Removal/Substitution Request Form 4 and receive approval
from the Office of Supplier Diversity to remove and/or replace the firm.
DBE FIRM & NAME of DBE
PHONE
SOURCE OF
CERTIFICATION
SCOPE OF WORK
TO BE PERFORMED BY THE DBE
ESTIMATED VALUE of
PROPOSED DBE
CONTRACT
(If Known)
(SLDBE or
LAUCP)
1.
2.
3.
4.
5.
6.
7.
8.
9.
10.
TOTALS
$
$
$
$
$
$
$
$
$
$
$
Page 1 of 3
DBE Compliance Form-2 Revised 12/2016
ESTIMATED % OF
TOTAL CONTRACT
%
%
%
%
%
%
%
%
%
%
%
Office of
Diversity
OFFICE
OFSupplier
SUPPLIER
DIVERSITY
CITY
OF NEW ORLEANS

DBE Responsiveness
DBE FORM - 1 Form-3

OR
SECTION II - DBE CONFIRMATION: For the DBE firms listed

above, please provide
the nameENTERPRISE
and signature of(DBE)
the firms authorized representative.
DISADVANTAGED
BUSINESS
NAME OF DBE FIRM
PRINT NAME OF DBE FIRMS AUTHORIZED

REPRESENTATIVE
SIGNATURE OF DBE FIRMS AUTHORIZED

REPRESENTATIVE
DATE
SECTION III - SPECIFIC PORTIONS OF WORK IDENTIFIED FOR DBE SUBCONTRACTOR: You must list all selected scopes or portions of work that you identified to be
performed by DBE(s) and the estimated percentage value of each scope of work identified in order to increase the likelihood of meeting the contract goal for this
project.
SCOPE OR PORTIONS OF WORK IDENTIFIED FOR DBE PARTICIPATION
ESTIMATED % OF
CONTRACT VALUE
1.
2.
3.
4.
5.
6.
7.
8.
9.
10.
TOTAL
Page 2 of 3
Office of
Diversity
OFFICE
OFSupplier
SUPPLIER
DIVERSITY

OR

CITY
OF NEW ORLEANS

DBE Responsiveness
DBE FORM - 1 Form-3
SECTION IV - PAST PERFORMANCE: You must provide details of your firms past performance in compliance with DBE goals.
DISADVANTAGED BUSINESS ENTERPRISE (DBE)
AGENCY NAME
PROJECT NAME
COMPLETION
DATE
SECTION V - OTHER: Please provide narrative details of any other efforts your firm will conduct to attain the DBE goal.
Page 3 of 3
DBE PARTICIPATION
ACHIEVED
OSD
VERIFICATION
Appendix D - TAX CLEARANCE AUTHORIZATION
According to Section 2-8 of the Code of the City of New Orleans, Louisiana 1995, the City may not enter into or
make payments under a contract, grant or cooperative endeavor agreement with any person, corporation, or entity
delinquent in City taxes. This form supplies the needed tax clearance. This clearance is issued without prejudice
to any tax liabilities discovered by audit.
Please refer to the instructions on the back of this form
BUSINESS NAME:
OWNERS NAME:
TYPE OF BUSINESS:
REAL ESTATE TAX NUMBER:
BUSINESS ADDRESS:
PERSONAL PROPERTY TAX
NUMBER:
MAILING ADDRESS:
CONTACT TELEPHONE:
SALES TAX/OCCUPATIONAL
LICENSE NUMBER:
FAX NUMBER:
E-MAIL ADDRESS:
PRINT NAME:
TITLE:
AUTHORIZED SIGNATURE:
DATE SIGNED:
I certify that I have the authority to execute this form with respect to the tax matters covered and that the
above is true and correct. The City of New Orleans is authorized to inspect and/or receive confidential tax
information.
BUREAU OF REVENUE (Room 1W15)
BUREAU OF TREASURY (Room 1W37)
This clearance covers Occupational License and
This clearance covers Ad Valorem taxes for Real Estate
Sales/Use taxes.
and Business Property taxes.
I hereby assert that after review of the taxpayers I hereby assert that after review of the taxpayers
records of this date that the taxpayer IS NOT records of this date that the taxpayer IS NOT
delinquent in any taxes owed to the city. This clearance delinquent in any taxes owed to the city. This clearance
covers the period today through March 1, 20_____. covers the period today through March 1, 20_____.
The above clearance may be revoked for failure to pay
sales tax.
_______________________________________
_______________
COLLECTOR OF REVENUE
DATE
_____________________________________
_______________
TREASURY CHIEF
DATE
I attest that the taxpayer named above is not delinquent in any taxes owed to the city.
________________________________ ___________
DIRECTOR OF FINANCE
DATE
TAX CLEARANCE AUTHORIZATION INSTRUCTIONS

1 To complete this form, provide all of the information requested. Failure to fill in ALL information requested
will delay processing. If the form is not signed and dated, the form will not be processed.
2 Complete, sign and date the authorization form and submit to the Department with whom you are contracting.
3 This form authorizes the City of New Orleans to inspect and/or receive your confidential tax information.
4 This Tax Clearance Authorization will not be honored for any purpose other than contracting with the City of
New Orleans.
5 The following requirements must be met in order for a Tax Clearance Authorization form to be approved by
the City of New Orleans. It is recommended that all outstanding tax and business registration be completed
prior to processing the form to expedite contract execution.
Real Estate/Personal Property Tax
Businesses are required to be current in payment of all Real Estate Tax and Personal Property Tax.
A business can visit the City of New Orleans website, www.nola.gov at the Bureau of Treasury webpage to
pay outstanding Real Estate and Personal Property taxes due.
A business can mail outstanding tax payments to City of New Orleans, Bureau of the Treasury 1300 Perdido
St., Room 1W38, New Orleans, La. 70112.
Sales Tax/Occupational License
All businesses are required to have a City of New Orleans Sales Tax number.
If the business is located within Orleans Parish, an Occupational License is also required. If the business is
domiciled outside of Orleans Parish, a registration is required to be completed to obtain a Revenue account
number.
If a business is not registered, a New Business Application must be completed. The application can be found
on the City of New Orleans website, www.nola.gov, at the Bureau of Revenue webpage. Under Online
Revenue Documents, an application can be downloaded and returned to the City of New Orleans, Bureau of
Revenue, 1300 Perdido St., Room 1W15, New Orleans, LA 70112. Any questions may be forwarded to
Revenue Administration, 658-1695 or 658-1666.
Non-profit organizations must comply with the Occupational License requirements by completing a New
Business Application. The application can be found on the City of New Orleans website, www.nola.gov, at
the Bureau of Revenue webpage. Under Online Revenue Documents, an application can be downloaded and
returned to the City of New Orleans, Bureau of Revenue, 1300 Perdido St., Room 1W15, New Orleans, LA
70112. Any questions may be forwarded to Revenue Administration, 658-1695 or 658-1666.
Once exempt status is confirmed for the non-profit organization, the organization is exempt from
Occupational License fees.
Revised Tax Clearance Authorization, April 20, 2012
RFQ No. 2101-02138
Page 42
Appendix E - IDENTIFICATION OF SUBCONTRACTORS
STATE OF LOUISIANA
PARISH OF
Before me, the undersigned authority, came and appeared
first duly sworn, deposed and said that:
1. He/She is the
who,
being
and authorized representative of

, hereafter called Respondent.
2. The Respondent submits the attached offer in response to City of New Orleans RFQ
#_________________.
3. The Respondent hereby identifies the following persons, natural or artificial, who are retained by
Respondent at the time the attached offer is submitted and who are expected to perform work as
subcontractors in connection with the Respondents work for the City. Respondent hereby acknowledges
and agrees that when new subcontractors not previously named are added to the project, they must be
promptly identified to the City User Department within 48 hours of the change. The official change may
not take place unless and until the City provides its written approval.
____________________________________
Person(s) and Company Name (if applicable
____________________________________
Respondent Representative (Signature)
____________________________________
(Print or type name)
____________________________________
(Address)
Sworn to and subscribed before me, _______________, Notary Public, this _____day of ______, 201___.
__________________________
Notary Public (signature)
Notary ID#/Bar Roll #
RFQ No. 2101-02138
Page 43
Appendix F - CONFLICT OF INTEREST DISCLOSURE AFFIDAVIT
STATE OF LOUISIANA
PARISH OF
Before me, the undersigned authority, came and appeared
first duly sworn, deposed and said that:
1. He/She is the
who,
being
and authorized representative of

, hereafter called Respondent.
2. The Respondent submits the attached offer in response to City of New Orleans RFQ
#_________________.
3. The Respondent hereby confirms that a conflict(s) of interest exists/does not exist/may exist in connection
with this solicitation which might impair Respondents 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 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 Representative (Signature)
____________________________________
(Print or type name)
____________________________________
(Address)
Sworn to and subscribed before me, _______________, Notary Public, this _____day of ______, 20___.
____________________________________
Notary Public (signature)
Notary ID#/Bar Roll #
RFQ No. 2101-02138
Page 44
Appendix G NPV METHODOLOGY

[to be issued as an Addendum to the RFQ]
RFQ No. 2101-02138
Page 45

RFQ For New Orleans Public Belt Railroad Operator

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RFQ For New Orleans Public Belt Railroad Operator

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City of New Orleans, Louisiana

Request for Qualifications - New Orleans Public Belt Railroad Operator

RFQ No. 2101-02138

Request for Qualifications ............................................................................................................ 3

Overview of NOPB ...................................................................................................................... 3

Overview of the Procurement Process.......................................................................................... 4

Mandatory Pre-Bid Conference .................................................................................................... 4

Anticipated Timetable .................................................................................................................. 5

Services Needed ........................................................................................................................... 5

Citys Strategic Objectives for NOPB .......................................................................................... 5

Selection Committee .................................................................................................................... 6

Non-Binding Offer Requirements ................................................................................................ 6

Submission Requirements ............................................................................................................ 9

Scoring and Evaluation Criteria ................................................................................................. 10

Proposal Bond ............................................................................................................................ 11

Ownership and Confidentiality .................................................................................................. 11

Point of Contact and Questions .................................................................................................. 11

Non-Binding Offer Review ........................................................................................................ 12

Form A: Respondent Experience .............................................................................................................. 13

RFQ No. 2101-02138

Binding Proposal: means the response to the RFP in Phase 2.

The City: means the City of New Orleans, Louisiana.

DBE: means Disadvantaged Business Enterprise.

NOPB: means the New Orleans Public Belt.

Public Belt Railroad Commission: means the governing body of NOPB.

Real Dollars: means dollars as of January 1, 2017.

RFP: means Request for Proposals to be released to Shortlisted Respondents in Phase 2.

Surface Transportation Board: is an independent adjudicatory and economic-regulatory agency charged by

Request for Qualifications

RFQ No. 2101-02138

Overview of the Procurement Process

Mandatory Pre-Bid Conference

RFQ No. 2101-02138

RFQ issued (Phase 1)

January 19, 2017

Mandatory Pre-Bid Conference

Questions due from Respondents

February 10, 2017

Non-Binding Offer responses due, Delivery Deadline

February 24, 2017, 4:00 CST

Determine Shortlisted Respondents

March 10, 2017 (Estimated)

Issue RFP - Request for Binding Proposals (Phase 2)

March 10, 2017 (Estimated)

Binding Proposals Due (includes Firm Offer)

May 18, 2017

Select a Preferred Respondent

June 23, 2017

City Board Approval

Citys Strategic Objectives for NOPB

RFQ No. 2101-02138

Accomplish critical capital projects and maintenance activities to increase throughput,

Respondent Experience Form

RFQ No. 2101-02138

a. Expected new customers and business

Capital Investment Plan

RFQ No. 2101-02138

RFQ No. 2101-02138

Clearly identify the materials by section, page number and tabs.

Letter of Transmittal (Limited To One Page)

RFQ No. 2101-02138

DBE Participation Plan

The following Appendices will only be requested prior to signing a contract: