SR 28 Central Corridor Trail_CMAR RFP.pdf

Tahoe Transportation District

Construction Manager at Risk Request for Proposals (RFP)

Nevada State Route 28 Central Corridor Safety Improvements, Shared-Use Path, and Environmental Sustainability Project

From Sand Harbor to Thunderbird Cove

September 2026

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Table of Contents

Section 1. Introduction and General Information

1.1 CMAR Introduction

1.2 Overview of this RFP for CMAR Selection

1.3 Project Description and General Schedule

1.4 Project Funding

1.5 Estimated Construction Cost

1.6 TTD Primary Point of Contact

1.7 Required Percentage of Work

1.8 Change of Key Personnel

1.9 Applicable Federal and Nevada Law

1.10 Disadvantaged Business Enterprise (DBE) Program Requirements

1.11 Equal Employment Opportunity

1.12 Notification Required by US DOT Order No. 1050.2A

1.13 Buy America and Build America (BABA)

1.14 Debarment Certification

1.15 Organizational Conflicts and Ineligible Firms

1.16 Pre-Qualification and Registration Requirements

1.17 Disclosure of Current and Former State Employees

1.18 Prevailing Wage Rates

1.19 Proceeding From the Pre-Construction Services Agreement to the Construction Contract(s)

1.20 Overview of the Construction GMP Bid or Fixed Price Bid

1.21 Form of Pre-Construction Services Agreement

1.22 Form of Construction Contract

Section 2. RFP Procedures

2.1 RFP General Instructions and Conditions

2.2 Reservation of TTD Rights

2.3 Key Procurement Event Selection Schedule

2.4 Nonmandatory Pre-Proposal Meeting

2.5 Communications, Questions, and Changes to the RFP

2.6 Ownership and Disposition of the Proposal Document

2.7 Cost of Proposal Preparation

2.8 Protest Conditions and Procedure

Section 3. Selection Process

3.1 Phase 1: Determining the Proposal Responsiveness to the Pass/Fail Requirements

3.2 Phase 2: Evaluation of the Proposals

3.3 Phase 3: Proposer Shortlisting

3.4 Phase 4: Interviews and Final Selection Ranking

3.5 Phase 5: Notice of Intent to Award, Agreement Negotiation, and Agreement Award

Section 4. Proposal Contents and Evaluation Factors

4.1 Instructions to Proposers

4.2 Required Responses, Documents, and Forms

4.3 Proposal Evaluation Factors

4.4 Interview Evaluation Factors

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Appendix A. Project Description and Scope of Services ....................................................................... A-1

Appendix B. Evaluation and Scoring Forms .......................................................................................... B-1

Appendix C. Attestation Forms .............................................................................................................. C-1

Appendix D. Other Required Forms ...................................................................................................... D-1

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Section 1. Introduction and General Information

1.1 CMAR Introduction

Construction Manager at Risk (CMAR) is a contracting method that involves a general contractor acting as a construction manager in the pre-construction design and construction phases of a project. The intent of the CMAR project delivery method is to form a coordinated team with the Tahoe Transportation District (TTD) as the owner, the Design Service Provider working for TTD, and a construction manager working for TTD to deliver the project using the CMAR project delivery method. The goal of this coordination and delivery model is to minimize risk, improve construction schedule, and incorporate innovations to meet or exceed project goals. An important role of the construction manager is to help acquire the information required to reduce risk in all phases of a project utilizing innovative approaches to meet project goals.

TTD anticipates that the involvement of a construction manager will help reduce omissions in design, improve constructability, and meet the stated project goals.

The CMAR project delivery method relies on the construction expertise of the selected Construction Manager and its team members to deliver a better product in less time and at a lower cost than traditional design-bid-build construction processes. The Construction Manager shall work with and become a part of the Project Team, which also consists of TTD’s Project Manager, TTD’s Design Service Provider(s), the Independent Cost Estimator (ICE), and TTD’s preconstruction and construction consultant service provider(s) (if used). In addition, the Construction Manager shall work with other key stakeholders and/or third parties.

The Project Team relies on the selected Construction Manager for the following expertise during the pre-construction phase:

A. The skills and knowledge to estimate the quantities of materials, labor, and equipment needed for construction of a project;

A. The skills and knowledge to determine the tasks (work breakdown structure) needed to complete a project and estimate the costs, duration, and sequence of those tasks;

B. An understanding of the availability, cost, and capacities of materials, labor, and equipment;

C. The skills and knowledge to identify and communicate potential risks (including financial risks) and methods to mitigate such risks;

D. The ability to advise TTD, from the point of view of a constructor regarding constructability, phasing, and other pertinent input; and

E. The skills to provide TTD with a preliminary estimating model to be used for estimating project costs. The accepted estimating model will serve as a basis for all Opinion of Probable Construction Cost (OPCC) estimates for the project at certain milestones and the development of a bid as a cost of the work, plus a fee, with a guaranteed maximum price (GMP) (Construction GMP bid) or as a fixed price. A GMP is the guarantee of the prices submitted by the Construction Manager in its Construction GMP bid. A fixed price contract includes all costs related to labor, equipment, overhead, and profit.

During the design process, the Construction Manager, in general, shall work with the Project Team to accomplish the following items, which is further described in Appendix A:

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• Identify, quantify, document, and implement risk avoidance, reduction, and mitigation strategies and maintain the risk register for the applicable project;

• Continually update, at regular intervals, the project cost estimates and construction schedule;

• Develop cost estimates at various design milestones and provide open-book examination of the Construction Manager’s production-based cost model so that assumptions, contingency, risk, and approach to the estimate are fully understood by the Project Team;

• Participate in formal reviews of the design at designated design milestones for each phase of the construction package;

• Continually provide informal input on constructability, value engineering, and project costs as requested;

• Prepare and submit GMP or fixed price proposals to TTD with appropriate backup documentation (on an open-book basis) for all construction; and

• Develop, propose, and track innovations for project delivery.

If (i) TTD accepts the Construction Manager’s Construction GMP bid or fixed price bid, (ii) TTD and the Construction Manager successfully negotiate the other terms and conditions of a construction contract, and (iii) the Construction Manager is awarded a construction contract following satisfactory and successful completion of pre-construction phase services, then the Construction Manager’s role shall be to construct the project within the Construction GMP or the fixed price. If (i) TTD does not accept the Construction Manager’s Construction GMP bid or fixed price bid, (ii) TTD and the Construction Manager fail to successfully negotiate the other terms and conditions of the construction contract, and/or (iii) the Construction Manager has not satisfactorily completed the pre-construction phase services, TTD retains the option to take such other actions with respect to the project as it deems necessary, including the right to cancel the project, reduce or modify the project scope, or deliver the project by other means.

Early construction work, which may include early procurement of long-lead items, may be considered by TTD to complete early construction tasks that can be completed and turned over to another contractor should negotiations for final construction cease. Early utility or construction work may be considered by TTD with the understanding that performing work for early phases of a project is not a guarantee of award of the final construction phase of a project. Early phases of a project must be independent and severable with a well-defined end point. Construction will not begin until a Construction GMP bid or fixed price bid has been accepted and a contract is successfully negotiated and awarded.

The Scope of Services that is identified in this Request for Proposal (RFP) is not guaranteed to be the same Scope of Services that will be awarded at the time of the Construction GMP bid or fixed price bid.

As TTD works with the Construction Manager and other members of the Project Team through the design processes, changes may be brought about that affect the overall scope of a project. TTD reserves the right to adjust the scope elements as needed throughout the design process.

1.2 Overview of this RFP for CMAR Selection

This RFP is a single-step procurement that includes the submission of a Proposal, a shortlisting of firms by an Evaluation Panel based on the scoring of the Proposal, the ranking of firms based on the separate

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Request for Proposal Page 3 scoring of an interview, and negotiations preceding entering into the Pre-Construction Services Agreement. TTD is soliciting written Proposals from qualified general contractors to provide CMAR services for the SR 28 Central Corridor Trail (Sand Harbor to Thunderbird Cove) project (the “Project”) as described in Section 1.3 and Appendix A.

General contractors interested in submitting a Proposal are requested to submit one (1) Proposal that addresses the pre-construction CMAR services and the potential construction of the Project if TTD accepts any of the Construction Manager’s Construction GMP bids or fixed price bids and successfully negotiates the terms and conditions of a Construction Contract with the Construction Manager. Selection of a general contractor to serve as the Construction Manager for the pre-construction phase will be on a qualifications basis in accordance with the evaluation criteria set forth in Section 4 of this RFP. TTD expects that the Construction Manager and any of its team members shall be general contractors and not engineering firms.

1.3 Project Description and General Schedule

The Project is an integral part of the State Route 28 (SR 28) National Scenic Byway Corridor Management Plan (CMP). The CMP focuses on 11 miles of rural shoreline, the longest undeveloped stretch at Lake Tahoe, which parallels Nevada State Route 28 (SR 28) from Incline Village, NV to Spooner Summit, NV where SR 28 connects with US Highway 50.

The SR 28 corridor handles over two million vehicles annually and over one million recreational users.

The corridor hosts a significant number of recreation sites along the shore, as well as access to mountain biking and hiking, including access to the internationally popular Tahoe Rim Trail. Annual snowfall ranges between 100 to 200 inches at lake level, offering additional recreational opportunities, as well as transportation challenges.

This Project will take an integrated approach to improving safety, by providing a nonauto recreational access path to a portion of Lake Tahoe’s east shore to minimize traffic congestion and pedestrian conflicts on the highway. The general path alignment is situated between SR 28 and the shore of Lake Tahoe on slopes as steep as 1:1 (H:V) consisting of forested terrain comprised of undisturbed granitic bedrock and boulders. The horizontal distance between the highway and lakeshore where the path will be located is often on the order of just over 100 feet.

Key Project work elements could include:

Construction of a section of the Tahoe East Shore Trail, totaling approximately 1.75 miles of a multi-use path with 10-foot-wide pathway, 2-foot-wide shoulders, and asphalt surfacing for continuity of maintenance and user experience, to meet AASHTO Class 1 standards to maximize trail use. The path will require an overall vertical rise of nearly 300 feet from the path’s north terminus to its south terminus.

Installation of strategically placed benches, vista points, safety and wayfinding signage, and user access points.

Integrating necessary geotechnical, drainage, and structural work, including storm drain culverts, retaining walls (such as gravity, MSE, and soil nail walls), and potential segmental bridge and viaduct structures.

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• Potential construction of a tunnel where the trail crosses the Sand Harbor Park entrance to avoid trail users and vehicle at-grade conflicts.

• Safety improvements along SR 28, including the addition of or improvements to vista and emergency pullouts and barricading existing no parking zones.

• Coordinate with area utilities, as needed, to construct the Tahoe East Shore Trail.

• Environmental compliance of trail infrastructure.

• Water quality improvements (where achievable) to improve runoff conditions of adjacent SR 28 highway.

The US Forest Service (USFS) conducted an environmental assessment in 2019 for the entire 11-mile trail corridor, concluding with a finding of no significant impact in 2020 for the trail corridor. TTD is completing a Project-specific environmental document for the 1.75-mile portion of the trail covered under this Project, which is scheduled to be completed in Fall 2027.

It is important to note that, at this time, the proposed Project remains in the environmental review and permitting process. Final environmental approvals and related requirements have not yet been clearly identified and secured. The no-build/no-action alternative is always considered in the environmental process, and it is possible that the no-build/no-action alternative may be adopted. Nothing contained in this RFP, including any description of the Project, is intended to modify, limit, or otherwise constrain the on-going environmental review and permitting for this Project or other projects within or around the Project area or to commit TTD or any other entity to undertake any action with respect to the Project, including any procurement for or advancement into the construction phase of the Project.

It is anticipated that the pre-construction phase would begin January 2027 and end on or before February 2028, predicated upon reaching an acceptable Construction GMP. It is also anticipated that the construction phase would begin on or before May 2028 and end no later than October 2031.

Additional information regarding this Project is included in the following documents:

• SR28 National Scenic Byway Corridor Management Plan (CMP)

• Tahoe East Shore Trail Geotechnical Report

• FY 2024 RAISE Application for SR28

• SR28 USFS Decision Notice and Finding of No Significant Impact

• SR 28 Risk and Schedule Analysis

Copies of these documents are available on TTD’s PlanetBid portal at:

https://vendors.planetbids.com/portal/82847/portal-home

1.4 Project Funding

The sources of funding for the Project are from local, state, and federal funds administered by NDOT on behalf of the FHWA and administered by FHWA directly (as the funding source requires).

https://vendors.planetbids.com/portal/82847/portal-home

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1.5 Estimated Construction Cost

The estimated construction cost for this Project falls within the following range of $30 million to $40 million.

The estimated cost is the total Project budget allocated for the construction of the Project. This includes the actual cost of construction, mobilization, force accounts, and all costs that are associated with the construction of all elements of the work designed or specified by the Design Service Providers. The estimated construction cost is not a guaranteed amount for the Construction GMP, fixed price, or final construction pricing, and it is TTD’s goal and intent that the Construction GMP or fixed price bid is less than the estimated construction cost.

1.6 TTD Primary Point of Contact

TTD’s primary point of contact (TTD’s Contact) for this Project is:

Peter Kraatz, Capital Program Engineer Tahoe Transportation District

128 Market Street, Suite 3F Stateline, Nevada 89449

P.O. Box 499 Zephyr Cove, NV 89448

Phone: (775) 589-5310

Email: pkraatz@tahoetransportation.org

1.7 Required Percentage of Work

The Construction Manager identified in the Proposal shall perform one hundred percent (100%) of the work provided under the Pre-Construction Services Agreement, excluding specialty work items, including but not limited to, subsurface utility engineering, geotechnical investigations, survey, public-relations, and/or early acquisition of materials as determined and at the sole discretion of TTD.

The Construction Manager identified in the Proposal shall perform a minimum of thirty percent (30%) of the total work provided under any Construction Contract, as determined on a dollar value basis.

1.8 Change of Key Personnel

Listed personnel in the Proposal, which are defined as Key Personnel in Section 4.3, constitute an agreement by the Proposer to make those personnel available at whatever level the Project requires, as determined by TTD, in its sole discretion. Modifications to the Proposer’s Team or Key Personnel and other personnel listed in the Proposal are discouraged and shall be subject to the prior written approval of TTD, in its sole discretion.

TTD will not approve requests for modification without justification. Examples of justification may include death of a team member, changes in employment status, bankruptcy, inability to perform, organizational conflict of interest, or other such significant cause. In order to secure TTD’s approval prior to the award of the Pre-Construction Services Agreement, a written request shall be forwarded to the person at the address as shown in Section 1.6. The request shall include:

mailto:pkraatz@tahoetransportation.org

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A. The nature of the desired change, B. The reason for the desired change, C. A statement of how the desired change will meet the required qualifications for the position/responsibility, and

D. A resume of the replacement Key Personnel.

1.9 Applicable Federal and Nevada Law

Each Proposer shall conform to all applicable State of Nevada (State) and federal law and recognized industry, safety, environmental, and design standards.

1.10 Disadvantaged Business Enterprise (DBE) Program Requirements

TTD, in accordance with Title VI of the Civil Rights Act of 1964 and Title 49 Code of Federal Regulations Part 26, hereby notifies all bidders and proposers that it will affirmatively ensure that in regard to any contract entered into, certified Disadvantage Business Enterprise (DBE) firms will be afforded full opportunity to submit bids and proposals in response to this invitation and will not be discriminated against in consideration for an award.

TTD, via the Nevada Department of Transportation (NDOT), has established a DBE program goal of zero percent (0%) of the total dollar value of the negotiated Pre-Construction Service Agreement with the Construction Manager. No Proposal will be considered unless the DBE requirement is clearly established and documented, at the time of the Proposal Due Date.

Information regarding which firms are certified DBE firms or how a firm may become a certified DBE firm may be obtained by contacting:

Contract Compliance Office Nevada Department of Transportation 1263 South Stewart Street Carson City, NV 89712

(775) 888-7497

Or by visiting http://www.nevadadbe.com/

DBE status continually changes; therefore, it is recommended that the Proposer verifies certification with the Contract Compliance Office before submitting a Proposal.

Proposers shall include the following information in their Proposals:

• Copy of selected DBE’s(s’) Certification from the Contract Compliance Office.

• Letter of intent from selected DBE(s) stating the work to be performed by each and the percentage of the DBE goal to be met.

Each Proposal shall clearly indicate the satisfaction of the DBE requirement. A Proposal received by TTD that does not clearly indicate the satisfaction of and compliance with this DBE requirement may be http://www.nevadadbe.com/

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Request for Proposal Page 7 rejected and will be disposed of in accordance with the provision defined under Section 2.6 and in an appropriate manner suitable to TTD as non-responsive.

In addition to the above, a DBE goal may be set for the Construction Contract(s). A commitment to meet the applicable contract goal or a good faith effort to do so shall be a condition of award and execution of all such contracts, and the Construction Manager shall be obligated to undertake certain activities as part of the Construction GMP bid process under the Pre-Construction Services Agreement.

1.11 Equal Employment Opportunity

TTD hereby notifies all Proposers that it will not discriminate in the award of a Pre-Construction Services Agreement or Construction Contract on the basis of race, color, national origin, religion, sex, or handicap.

See the Pre-construction Services Agreement and the Construction Contract for additional information and requirements.

1.12 Notification Required by US DOT Order No. 1050.2A

TTD, in accordance with the provisions of Title VI of the Civil Rights Act of1964 (78 Stat. 252, 42 USC.§§ 2000d to 2000d-4) and the Regulations (as defined in DOT Order No. 1050.2A), hereby notifies all bidders that it will affirmatively ensure that any contract entered into pursuant to this advertisement, disadvantaged business enterprises will be afforded full and fair opportunity to submit bids in response to this invitation and will not be discriminated against on the grounds of race, color, or national origin in consideration for an award.

1.13 Buy America and Build America (BABA)

“Buy America” and Build America, Buy America requirements are in effect for all work under this RFP, including the Pre-construction Services Agreement and the Construction Contract. See the Pre-construction Services Agreement and the Construction Contract for additional information and requirements.

1.14 Debarment Certification

State and federal regulations require certification by prospective participants (including contractors, subcontractors, and principals) as to current history regarding debarment, suspensions, eligibility, indictments, convictions, or civil judgments. See Form IC in Appendix D.

1.15 Organizational Conflicts and Ineligible Firms

Each Proposer will include a full disclosure of all potential organizational conflicts of interest in the Proposal. Each Proposer must comply with 23 Code of Federal Regulations (CFR) 636.116. By submitting its Proposal, each Proposer agrees that, if an organizational conflict of interest is thereafter discovered, the Proposer will make an immediate and full written disclosure to TTD that includes a description of the action that the Proposer has taken or proposes to take to avoid or mitigate such conflict(s). If an organizational conflict of interest is determined to exist, TTD may, at its sole discretion, disqualify the Proposer or, after award, cancel the Pre-Construction Services Agreement or any subsequent contract(s) for construction services. If the Proposer was aware of an organizational conflict of interest prior to the award of the Pre-Construction Services Agreement and did not disclose the conflict to TTD, TTD may terminate the Pre-Construction Services Agreement for default. No firm that is ineligible

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Request for Proposal Page 8 for State or federal contracts may be part of any Proposer team. Each Proposer is responsible for determining the eligibility of its team members. See Form COI in Appendix D.

Without limiting the foregoing, participation by any Key Personnel on more than one Proposer’s team for the Project shall be deemed an organizational conflict of interest disqualifying affected Proposers.

TTD may enter into three (3) separate contracts for this Project prior to the Construction GMP: one (1) with a Design Service Provider, one (1) with the Construction Manager (the Pre-Construction Services Agreement), and one (1) with an ICE. In order to promote collaboration among all parties, the following restrictions on participating in each of these procurements shall apply:

A. No Proposer (or Affiliate of such Proposer) that is currently shortlisted or has been selected as a Design Service Provider or an ICE for the Project will be eligible to be a Proposer or participate on a Proposer team responding to this RFP.

B. No subcontractor or subconsultant (or Affiliate of a subcontractor or subconsultant) of a Proposer that is currently shortlisted or has been selected as a Design Service Provider or an ICE for the Project will be eligible to be a Proposer or participate on a Proposer team responding to this RFP.

C. Subject to the restrictions stated in A and B above, firms may form a joint venture or partnership to propose on this Project.

Additionally, the Proposer is prohibited from teaming with, receiving any advice from, or discussing any aspect relating to the Project or the procurement of the Project with any person or entity with an organizational conflict of interest, including:

• CA Group;

• Avenue Consultants;

• LF Holland, PLLC;

• Atkins-Realis;

• Lumos & Associates;

• Rock Solid Solutions; and

• Affiliates (including parent companies, subsidiary companies, Persons under common ownership, joint venture (JV) members and partners, and other financially liable parties for a Person) of any of the above.

1.16 Pre-Qualification and Registration Requirements

Except as otherwise set forth below in this section, the following items are required as of the Proposal Due Date:

A. The successful Proposer must be registered and have a valid contractor’s license with the Nevada State Contractors Board (NSCB) located at: http://www.nvcontractorsboard.com/.

B. Before any contract can be executed, the successful Proposer must have a valid and active Nevada Business License and if they are State corporation, limited liability company, limited partnership, limited liability partnership, or limited liability limited partnership, or non-profit

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Request for Proposal Page 9 corporation, that their entity is active and, as applicable, in good standing with the Nevada Secretary of State. Additionally, if they are a State corporation, limited liability company, limited partnership, limited liability partnership, limited liability limited partnership, or non-profit corporation based out of state, they must be, as applicable, registered as a foreign business entity equivalent in Nevada, in active status and in good standing with the Nevada Secretary of State.

C. Each Proposer shall clearly state, at time of its submittal, its willingness to adhere to this requirement by providing a copy of its Nevada State Business License, a copy of its application to the Secretary of State Office, a copy of the entity’s status that can be obtained from the Nevada Business Search found on the homepage of the Secretary of State’s website www.sos.state.nv.us, or a signed statement that the Proposer will satisfy this requirement within five (5) business days of issuance of the Notice of Intent to Award.

D. Award of any RFP is contingent on a Proposer having and holding a valid and active Nevada State Business License. The successful Proposer must satisfy this requirement within five (5) business days of issuance of the Notice of Intent to Award. If a Proposer is unable or unwilling to adhere to this requirement, TTD will deem the Proposer as non-responsive and TTD shall proceed to negotiate with the next most qualified firm and so on until an acceptable agreement is negotiated.

E. To apply for a Nevada Business License or to file appropriate formation documents with the Nevada Secretary of State’s office, please visit www.nvsos.gov. Business licenses can be obtained immediately by applying on-line; paper applications may take four (4) to eight (8) weeks for processing.

1.17 Disclosure of Current and Former State Employees

Not applicable.

1.18 Prevailing Wage Rates

Both the “Davis-Bacon Wage Determinations” and the Nevada Labor Commissioner prevailing wage rates for public works contracts, whichever is higher, apply to the Project.

The wage rate and fringe benefits listed in the “Davis-Bacon Wage Determinations for Highway Construction Projects” shall be paid unless a higher wage rate and fringe benefits is listed by the Nevada Labor Commissioner, in which case, the higher wage rate and fringe benefits shall be paid (see NRS

338.020 to 338.090, inclusive).

The wage rates that will apply to this Project will be identified at the time of the first Construction Contract. Those rates will then apply throughout the Project.

1.19 Proceeding From the Pre-Construction Services Agreement to the Construction Contract(s)

At the time that TTD determines that the design for the Project or any portion thereof has been sufficiently finalized to enable a determination of the provable cost and the preparation of a Construction GMP bid or fixed price bid, and provided that (i) TTD accepts the Construction Manager’s Construction GMP bid or fixed price bid amount, (ii) TTD and the Construction Manager successfully negotiate the other terms and conditions of the Construction Contract, and (iii) the Construction Manager has satisfactorily and

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Request for Proposal Page 10 successfully completed its obligations under the Pre-Construction Services Agreement, the selected Proposer and TTD will attempt to finalize the Construction Contract. If successful, as determined by TTD, in its sole discretion, the Construction Contract will be executed.

Regardless of whether one or more Construction Contract(s) are executed by either the Construction Manager or another contractor for any portion of the Project, the Construction Manager shall diligently continue to work towards performing the Scope of Services under the Pre-Construction Services Agreement, including, without limitation, sufficiently finalizing the design of the Project acceptable to TTD.

All negotiations shall be open book. TTD, NDOT, FHWA, TRPA, and others (as determined by TTD) shall have access to all Construction GMP bid or fixed price bid proposal documents, quotations, takeoffs, subcontract bids, and other construction cost estimates during negotiations. Execution of a Construction Contract will also be subject to the bidder posting Payment and Performance Bonds in an amount equal to one hundred percent (100%) of the accepted bid amount and such other terms and conditions set forth in the Construction Contract. The Construction Manager will competitively procure subcontractors in accordance with NRS 338.16991 and 338.16995.

Commencement of the construction phase shall not excuse the Construction Manager from completion of, and shall not be deemed a waiver or acceptance of, the pre-construction phase services as specified in the Pre-Construction Services Agreement.

1.20 Overview of the Construction GMP Bid or Fixed Price Bid

A Construction GMP bid is the Construction Manager’s bid as a cost of the work, plus a fee, with a GMP.

A GMP is the guarantee of the prices submitted by the Construction Manager in its Construction GMP bid. Whether these prices are lump sum or quantity based, the individual prices are guaranteed in accordance with the requirements of the Construction Contract. Payment for the construction of the Project will be made on the basis of a schedule of bid items.

A fixed price contract includes all costs related to labor, equipment, overhead, and profit.

TTD anticipates initiating negotiations to reach a Construction GMP or a fixed price based on a finalized complete design and intends to establish a Construction GMP or fixed price in order to approve a Construction Contact.

A Construction GMP bid or fixed price bid can be offered no more than two (2) times. After the second and final Construction GMP bid or fixed price bid, TTD reserves the right, in its sole discretion, to terminate the bidding process and undertake such other actions relating to the Project as TTD determines, including, without limitation, the right to procure the Construction Contract scope of work by someone else or pursuant to some other delivery method.

TTD reserves the right to establish a contingency risk-sharing pool (to be reflected in a “risk account”) with the Construction Manager that will be developed during the pre-construction phase and that, if adopted, the risk account would be incorporated into the negotiated Construction GMP bid or fixed priced bid. The purpose of a contingency risk-sharing pool is to develop a budget for items foreseen at the time at which the Construction GMP bid or fixed price bid is proposed and negotiated but not detailed enough for itemized pricing. Any and all items included in a contingency risk-sharing pool/risk account will be identified separately in the Construction Contract and will be monitored for progress and cost.

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See the form of the Pre-Construction Services Agreement for further details and conditions precedent to submitting a Construction GMP bid or a fixed price bid.

1.21 Form of Pre-Construction Services Agreement

The form of the Pre-Construction Services Agreement that TTD intends to use for the Project is included at TTD’s PlanetBid portal at: https://vendors.planetbids.com/portal/82847/portal-home.

1.22 Form of Construction Contract

The form of the Construction Contract that TTD intends to use for the Project is included at TTD’s PlanetBid portal at: https://vendors.planetbids.com/portal/82847/portal-home.

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Section 2. RFP Procedures

2.1 RFP General Instructions and Conditions

TTD intends to evaluate, select, and award one (1) Pre-Construction Services Agreement to the most-qualified Proposer based on a qualifications-based selection. All Proposers accept the conditions of this RFP, including, but not limited to, the following:

A. All Proposers who submit a Proposal in response to this RFP understand, acknowledge, and agree that TTD is not obligated to award a contract or enter into an agreement with any Proposer and further has absolutely no financial or other obligation to any Proposer.

B. Failure to properly submit the documents described herein, or meet the requirements of this RFP may render the Proposal non-responsive, in which case, the Proposer will be ineligible for shortlisting or award. Furthermore, no late Proposals will be accepted for this Project. Any Proposals received after the specified deadline or submitted to the wrong location will not be considered and will be disposed of in an appropriate manner suitable to TTD.

C. If a Proposal is entirely or predominately labeled as a “Trade Secret” or “confidential”, and/or “proprietary”, the Proposal may, in the sole discretion of TTD, be deemed non-responsive unless the improper designation of trade secret or confidential, proprietary information is corrected within the time allowed (if any) by TTD. Proposer’s designations are not binding on TTD and all Proposals shall be subject to NRS Chapter 239 (the Nevada Public Records Law) and shall be protected only as permitted thereby.

D. Any restriction as to the use of submitted materials must be clearly indicated as “proprietary.”

The term “propriety” shall have the meaning ascribed to it as set forth in NRS 333.020 and

333.333. The requested limitation or prohibition of use or release shall be identified in writing on a cover sheet. Blanket claims of proprietary submittals will not be honored. TTD reserves the right to disagree with the confidentiality of information provided by a Proposer. Proposers must clearly designate trade secret, confidential and/or proprietary information appearing in the text of the Proposal by including it within brackets and by including at the bottom of the Proposal page on which they appear the applicable disclaimer:

“This page contains information that constitutes a trade secret, confidential and/or proprietary information under NRS 333.020(5) and 333.333(1) and is not to be disclosed except in accordance with applicable Law.”

E. TTD has immunity for good faith disclosure of information (see NRS 239.012). TTD also retains its rights pursuant to Chapter 41 of NRS. Under no circumstances will TTD be responsible or liable to a Proposer or any other party as a result of disclosing any such materials, including materials marked “CONFIDENTIAL,” whether the disclosure is deemed required by applicable law or by an order of court or the Attorney General or occurs through inadvertence, mistake or negligence on the part of TTD or its officers, employees, contractors or consultants.

F. The Proposer has reviewed this RFP, the associated appendices, and the references therein, and by responding to this RFP, the Proposer has agreed to the terms and conditions of this RFP, the form of the Pre-Construction Services Agreement and the form of the Construction

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Contract, and acknowledges and agrees that such terms and conditions are reasonable, feasible, and expressly workable without reservation.

2.2 Reservation of TTD Rights

TTD reserves all rights regarding this RFP, including, without limitation, the right to:

A. Amend or cancel this RFP and/or procurement or reject any and all Proposals without liability if TTD, in its sole discretion, determines that amendment or cancellation of the procurement would be in the best interest of TTD or a Proposal does not meet the applicable qualifications set forth in NRS 338.1691.

B. Reject any Proposal in the exercise of its discretion in accordance with the criteria set forth in

NRS 338.1691.

C. Seek clarification of any Proposal from any source that, in TTD’s sole discretion, it deems necessary or advisable.

D. Waive any minor irregularity, informality, or non-conformance of any Proposal with the provisions or procedures of this RFP.

E. Reject any Proposal that fails to substantially comply with all prescribed RFP procedures and requirements.

F. Negotiate within the scope described in this RFP to serve the best interest of TTD.

G. Amend any contract resulting from this RFP.

H. Extend any contract resulting from this RFP without an additional procurement process.

I. At its sole discretion, cancel any negotiations with any Proposer, withdraw the notice of intent to award, and proceed to negotiate with the next most-qualified Proposer and so forth until the successful contract award or cancellation of this procurement.

J. Award a Pre-Construction Services Agreement, but not issue a Notice to Proceed thereunder.

K. Not proceed with Project construction or award and execute a Construction Contract following execution of a Pre-Construction Services Agreement.

L. Exercise any other right or remedy available to TTD under law or in equity.

2.3 Key Procurement Event Selection Schedule

All dates set forth here and elsewhere in this RFP are subject to change, in TTD’s sole discretion, by Addendum.

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Event Time Date

Advertisement of the RFP N/A September 28, 2026

Nonmandatory Pre-Proposal Meeting 2:00 p.m. Pacific time October 6, 2026

Proposer’s Written Questions Due 2:00 p.m. Pacific time October 9, 2026

TTD Responds to Questions by Addenda N/A October 14, 2026

Proposal Due Date 11:00 a.m. Pacific time October 28, 2026

Notes: N/A = not applicable; TBD = to be determined.

The following are anticipated dates that are also subject to change in TTD’s sole discretion.

Event Time Date

Notification of Competitive Shortlist and Invitations to Interview N/A November 16, 2026

Interviews TBD December 8-9, 2026

Notice of Intent to Award N/A January 2027

TTD Board Approval N/A February 2027

Notice of Award N/A February 2027

Debriefing of Shortlisted Proposers TBD March 2027

Notes: N/A = not applicable; TBD = to be determined.

2.4 Nonmandatory Pre-Proposal Meeting

A nonmandatory pre-proposal meeting for all interested Proposers will be held at TTD headquarters (128 Market Street, Suite 3F, Stateline, NV) at the date and time noted in Section 2.3. This meeting will introduce Proposers to the CMAR delivery method, provide an overall introduction to the Project, and allow the Proposers to ask and TTD to answer questions about the Project and CMAR process.

This meeting will be approximately one (1) hour long. Although this meeting is nonmandatory, interested Proposers are encouraged to attend.

2.5 Communications, Questions, and Changes to the RFP

Each Proposer shall communicate with TTD regarding this procurement only through TTD’s Contact listed in Section 1.6.

A. Each Proposer shall be responsible for reviewing the RFP and any addenda issued by TTD prior to the Proposal Due Date and for submitting written questions requesting clarification or interpretation of any perceived discrepancy, deficiency, ambiguity, error, or omission contained therein, or of any provision which the Proposer fails to understand. Failure of a Proposer to so examine and inform itself shall be at its sole risk, and no relief for error or omission will be provided by TTD.

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B. Proposers may submit questions, request clarification, or request a change to the RFP by the deadline listed in Section 2.3. The Proposer must post any such questions or requests to TTD’s PlanetBid portal at: https://vendors.planetbids.com/portal/82847/portal-home by the date listed in Section 2.3. The request shall specify the provision and section of the RFP in question, and, if a change is requested, contain an explanation of the requested change, suggest language for the change, and the justification therefor. TTD will not respond to questions or change requests posted after the date listed in Section 2.3. TTD’s responses will be posted to TTD’s PlanetBid portal at: https://vendors.planetbids.com/portal/82847/portal-home and will be available to all Proposers.

C. Proposers shall not rely on oral or written instructions regarding this RFP, unless also issued in writing as an addendum and posted on TTD’s PlanetBid portal at:

https://vendors.planetbids.com/portal/82847/portal-home. All notices of addenda and other information will be posted by TTD on TTD’s PlanetBid portal at:

https://vendors.planetbids.com/portal/82847/portal-home.

D. If TTD determines that a question, formal request, or protest raises an issue that must be answered or resolved by amending an RFP provision, or TTD otherwise believes an amendment is in its interest or the interest of the Project, TTD will do so by issuing an Addendum clearly identifying the change as amending, revising, or modifying the RFP provision, the Pre-Construction Services Agreement term, or the Construction Contract term, which may include a “pen and ink” change as appropriate. TTD may issue Addenda at any time prior to the Proposal Due Date, unless TTD extends the Proposal Due Date concurrent with issuance of an Addendum.

E. Proposers must acknowledge all issued addenda in their Attestation in Appendix C.

F. In the interest of a fair and equitable selection process, Proposers and members of their teams are cautioned not to undertake any activities or actions to promote or advertise their Proposal except at TTD-authorized presentations. No member of a Proposer’s organization may communicate with members of another Proposer’s organization to give, receive, or exchange information, or to communicate inducements, that constitute anti-competitive conduct in connection with the Project or this procurement. No Proposer or representative thereof shall have any ex parte communications regarding the RFP or the procurement with any member of TTD Board or any TTD personnel other than TTD’s Contact.

G. Any attempt by a Proposer to improperly influence a member of the Evaluation Panel throughout this procurement will result in disqualification of that Proposer.

2.6 Ownership and Disposition of the Proposal Document

With the exception of Proposals that are withdrawn prior to the Proposal Due Date, all information submitted by a Proposer in response to the RFP shall become the property of TTD and will not be returned to the Proposer. The confidential portions, as determined by TTD, of those Proposals of unsuccessful Proposers will be returned to their respective Proposers after execution of the Pre- Construction Services Agreement. The remainder of such Proposals will be treated as public record and retained in accordance with TTD’s retention policies. All copies of withdrawn Proposals will be returned to the Proposer unopened. All Proposals rejected by TTD shall be disposed of in an appropriate manner suitable to TTD.

https://vendors.planetbids.com/portal/82847/portal-home https://vendors.planetbids.com/portal/82847/portal-home https://vendors.planetbids.com/portal/82847/portal-home

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2.7 Cost of Proposal Preparation

No reimbursement will be made by TTD for any costs related to the preparation of the Proposal, required documentation, interviews, presentations, discussions, and/or any related activities. These costs are the sole responsibility of the Proposer.

2.8 Protest Conditions and Procedure

Protests may be filed only with respect to:

A. Allegations that the terms of the RFP are wholly ambiguous, contrary to legal requirements applicable to the procurement, or exceed TTD’s authority;

B. A determination as to whether a Proposal is responsive to the requirements of the RFP or failed any pass/fail requirements, as applicable;

C. A determination as to whether the protesting Proposer is shortlisted; and/or

D. Award of the Pre-Construction Services Agreement.

TTD’s policy and procedures for the administrative resolution of protests are set forth at https://tahoetransportation.org/wp-content/uploads/2020/07/TTD-Bid-Protest-Procedures.pdf.

https://tahoetransportation.org/wp-content/uploads/2020/07/TTD-Bid-Protest-Procedures.pdf

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Section 3. Selection Process

The selection process will be conducted in a fair and impartial manner. The Evaluation Panel will evaluate the Proposals and conduct and evaluate Proposer interviews. The Evaluation Panel shall be comprised of at least three (3) members, at least two (2) of which have experience in the construction industry as determined by TTD. The Evaluation Panel may also include representatives of other agencies. The evaluation of Proposals will be conducted in five (5) phases:

Phase 1: Evaluation of Proposal Responsiveness and Pass/Fail Requirements

Phase 2: Evaluation of the Proposals

Phase 3: Proposer Shortlisting

Phase 4: Interviews and Final Selection Ranking

Phase 5: Notice of Intent to Award, Agreement Negotiation, and Agreement Award

3.1 Phase 1: Determining the Proposal Responsiveness to the Pass/Fail Requirements

To proceed with evaluation, TTD must receive a minimum of two (2) Proposals. If TTD does not receive a minimum of two (2) Proposals, the procurement shall be cancelled or re-advertised. Proposals will be reviewed by TTD to determine if each proposal is complete and meets all pass/fail requirements. Only those Proposals determined to meet all pass/fail requirements will be considered for further evaluation, scoring, and ranking. For Proposers who do not pass the pass/fail requirements or responsiveness evaluation, the provisions of Section 2.6 shall apply regarding ownership and disposition of non-responsive Proposal documents.

The pass/fail requirements for the Proposals are as follows:

A. The Proposal conforms to the RFP instructions regarding organization and format and responsiveness to the requirements set forth in the RFP.

B. Proposer has delivered a letter(s) of support from a qualified surety as described in Section 4.2.R.

C. Proposer has delivered a properly completed and executed Conflict of Interest Disclosure Statement (Appendix D).

D. The Proposer’s safety record and safety program are satisfactory as demonstrated by the materials provided pursuant to Section 4.2.M.

E. Proposer has provided satisfactory evidence that the Proposer is a contractor licensed in this State pursuant to NRS Chapter 624.

F. Proposer has not been disqualified from being awarded a contract pursuant to the NRS 338.017, 338.13895, 338.1475, and/or 408.333 (Appendix D).

G. Proposer has not been found liable for breach of contract with respect to a previous project, other than for legitimate cause, during the five (5) years immediately preceding the date of advertisement of this RFP (Appendix D).

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H. Proposer has provided satisfactory evidence that Proposer has obtained or has the ability to obtain insurance as may be required for this Project. See the insurance requirements in the form of the Pre-Construction Services Agreement and the form of the Construction Contract.

I. As of the Proposal Due Date, the Proposer is prequalified by the SPWD and listed on its Qualified Bidders list, with bid…