Revised RFI Letter Draft for EIC CM_GC.pdf

February 26, 2024

Request for Information (RFI), for

EIC Construction Manager/General Contractor (CM/GC) Services

The conventional facilities required for the EIC are projected to include a 400MeV electron

LINAC tunnel co-located with an Injection LINAC building, an Energy Recovery LINAC (ERL) facility for Strong Hadron Cooling(SHC), a Radio-Frequency Power Amplifier (RFPA) Building with associated services, three satellite Cryogenics facilities, and an estimated eight to ten smaller service buildings located around the approximate 4 km circumference ring to provide space for power supplies, controls and instrumentation, networking and other rack mounted equipment.

Square footage is anticipated to be approximately 120,000 to 155,000 and approximately 65 MW of new electrical power distribution and about 50-52 MW of mechanical cooling systems.

Construction will take place at the laboratory’s Relativistic Heavy Ion Collider (RHIC) site and will involve new construction and connection to existing utilities and services. RHIC will not be in operation during construction, however various activities related to accelerator modifications not in contractor’s construction scope, will be taking place during the project’s execution which is anticipated as an 85-month period of performance to complete both phases.

BNL intends to use a Construction Manager/General Contractor (CM/GC) project delivery method which contemplates engaging a construction manager during the design process to provide constructability input to the design team. The Construction Manager will be selected on the basis of qualifications and past experience/performance on a best-value basis. During the design phase, the construction manager will provide input regarding scheduling, pricing, phasing and other input to help ensure a more constructible project. A "guaranteed maximum price" will be agreed upon for the construction of the project based on the defined scope and schedule. It is intended that interested offerors submit pricing on all CM services for the life of the project and upon conclusion of Phase I, provide a proposal for Phase II construction activities. Phase II will be options in the contract which will be exercised if the proposals are accepted at which time the CM will transition to the General Contractor for the project.

The CM/GC will have two distinct phases of services:

The work in Phase I, “Pre-Construction Services,” shall include construction management and other services that will be performed during the design and bidding period, including the coordination of multiple sub-tier subcontractor proposals for each division of work.

Under the construction management scope, the CM/GC shall provide cost management

(i.e., contractor bid evaluations and value engineering), scheduling, documentation and

Dispute Resolution. The CM/GC shall develop subcontractor interest in the project and shall solicit multiple bids for each principal portion of the work after the EIC Conventional

Facilities design reaches 100% complete stage.

The work in Phase II “Construction Services” (Option), shall provide all the construction management services necessary to execute the EIC Infrastructure design. These services shall include project management, general site superintendent(s), site safety management, project engineering support, project cost and quality control, subcontractor contracting and management, field construction staff (facility and trade discipline superintendents, field engineering, field safety management and representatives, field quality control, etc.) and the general administrative services required to ensure a project of this size and complexity to include procurement of equipment, surveying, utilities, site clearing, excavation, foundation, mobilization (i.e., fencing and barricades), and construction management and safety documentation preparation. Self-performed work is prohibited. General conditions, i.e., onsite supervision, inspections, coordination managing of the work and maintenance of the work site, and field office expenses installation and maintenance (trailer, office furniture, equipment, supplies, portable toilets, dumpsters) and for all equipment, utilities, facilities, bonds, insurance, labor, etc., including markups as required during the construction phase of the contract, are to be included.

• The CM/GC shall be responsible for job-site safety and shall follow all applicable rules, laws, and specifications. All safety requirements shall flow down to lower tier contractors. Full compliance with all applicable environmental regulations is required. The CM/GC shall partner with BSA in our goal of zero injuries and incidents. The Safety Professional shall be approved by BSA.

• The CM/GC shall develop a Project Health and Safety Plan or submit BNL site-specific EHASP Compliance Memorandum.

The resulting Request for Proposal (RFP) for the CM/GC contract is a planned “Best Value” procurement. BSA intends to award a contract resulting from this solicitation to the responsive, responsible Offeror whose proposal represents the best value after evaluation in accordance with the factors, sub-factors, and price.

The resulting contract will have a magnitude between $500,000 - $1M for Phase I Pre-

Construction Services and a magnitude between $100M - $350M for Phase II (Option)

Construction Services with an estimated start date in fiscal year 2025.

The CM/GC and the BSA Architect/Engineer contractor (A/E) shall coordinate efforts to promote the partnership and collaborative working environment established between the A/E, CM/GC, and

BSA. The expectation is that all parties will collaborate and cooperate as required to achieve the common goal of successful project execution. The design is currently at 30% of preliminary design, approaching 60% preliminary design with final design currently planned for June 2025.

Below are questions to help BSA determine the approach to this requirement:

1. Given the current design level, is your firm interested in participating in a CM/GC with partnering arrangement for project delivery? If no, what factors contributed to that decision?

2. Given the current design level, will the CM/GC model bring value to the design process and result in a benefit to the project at large?

3.

4. In general, how far in advance does your firm plan for work bids and bookings?

5. Would your firm be interested in participating in an “Open House” or industry day to learn more about the Electron-Ion Collider Infrastructure? What specifically would you expect to learn at such an event?

6. BSA has small business stretch goals for local businesses, specifically maximizing

Minority-Women Owned Business Enterprises (MWBE) certified in the State of New

York. Is your firm familiar with and able to successfully execute a sub-contracting plan to achieve these goals?

7. What is a reasonable amount of time for a proposal to remain valid for holding pricing

(e.g. 60, 90, 120, or 180 days)?

8. Is there a concern or inability to obtain the necessary insurance requirements listed below?

Article 6 – Insurance

The Contractor shall, at no cost to BSA, maintain policies providing the following minimum insurance protections, which insurance shall apply to all operations of the Contractor which includes employees of the Contractor, eligible subcontractors, lower-tier subcontractors and their employees engaged therein. It is the responsibility of the Contractor to ensure that insurance coverage is procured and maintained by the Contractor, eligible Subcontractors and lower tier

Subcontractors while performing work at the EIC project job site.

The Contractor shall also provide an endorsement to its liability policies either by

i. Naming Brookhaven Science Associates, LLC, Empire State Development, and the U.S. Government as additional insureds or

ii. Insuring the Contractor’s obligations under the paragraph hereof entitled “Independent Contractor; Hold

Harmless.”

Worker’s Compensation and Employer’s Liability Insurance – Coverage as provided in the Worker’s Compensation

Law of the State of New York having jurisdiction, including occupational disease coverage for limits of $1,000,000 per person in any one case and additional Employees Liability of $1,000,000 per occurrence.

Liability Insurance

i. General Liability Insurance with limits of $1,000,000/$2,000,000 for bodily injury liability and $100,000 for property damage liability in the comprehensive liability form.

ii. Excess Liability Coverage of $100,000,000 (Occurrence/Aggregate) or greater.

iii. Such general liability and excess insurance shall be primary to and non-contributory with any insurance under which ESD is a named insured and/or any ESD self-insurance. Each insurer by endorsement shall waive subrogation against ESD. Complete copies of such policies shall be promptly delivered to ESD upon request.

Builder’s Risk Insurance - “All Risk” Builder’s Risk insurance shall cover the entire work at the project site for the full insurable value of the work, including transit thereto and including materials stored off-site and destined to become a part of the Work. Such insurance shall be for the term of construction.

Automobile Liability – Insurance with limits of $250,000/500,000 for bodily injury liability and $50,000 for property damage liability in the comprehensive policy form. Business Automobile Liability Insurance under Symbol 1 covering any owned, non-owned, or hired vehicles, which insurance shall include liability for loading and unloading of an automobile, whether on or off-site, for claims arising out of the ownership, maintenance or use of any such vehicle. If the Work involves transportation of hazardous or regulated substances, hazardous or regulated wastes and/or hazardous or regulated materials, coverage shall include pollution auto coverage provided under the ISO pollution liability-broadened coverage for covered autos endorsement (CA 99 48) and the Motor Carrier Act endorsement (MCS 90).

The Contractor may purchase such additional or other insurance protection, as it may deem necessary, at its own expense.

Please note that this is a Request for Information (RFI) notice, not a Request for Proposal, and no solicitation exists currently.

We are open to all information you can and care to provide at this point. Please provide responses to BSA no later than March 8, 2024.

Emails in response to the RFI shall be sent to Kevin Kirkendall, kkirkenda@bnl.gov.

Sincerely, Contracts Administrator

Brookhaven National Laboratory

Tel: 631-344-4605

Email: kkirkenda@bnl.gov