1-RFP260236 Specifications.pdf

Louisville Jefferson County

Metro Government

Economic Development

4th Street Transformation Project

REQUEST FOR PROPOSAL

RFP260236

Milestone Dates: Released 5/19/2026 Questions Due 6/09/2026 Submissions Due 6/16/2026

Pre-bid Meeting: Monday, May 26th, 2026 @ 3:00PM

REQUEST FOR PROPOSAL

TABLE OF CONTENTS

1. Instructions to Proposers

2. Specifications

3. Evaluation Criteria

4. General Provisions

5. Hold Harmless Agreement and Indemnification Clause and Insurance Requirements

6. Human Relations Commission Required Documentation

SECTION 1

INSTRUCTIONS TO PROPOSERS

1.1. Introduction

The Louisville/Jefferson County Metro Government (“Metro Government”) is now accepting Proposals for 4th Street Transformation Project.

The process of accepting Proposals and choosing the successful proposer shall be by sealed Requests for Proposals (“RFP’s”) using the competitive negotiation process under KRS 45A.370. The Metro Government, if it chooses to award a contract based on this Proposal, shall do so on the basis of the Proposal which is most advantageous to it based upon the Evaluation Criteria set forth herein.

(KRS 45A.370(5)).

The Metro Government finds that a purchase through competitive negotiation is necessary because Specifications cannot be made sufficiently specific to permit an award on the basis of either the lowest bid price or the lowest evaluated bid price.

The Metro Government shall conduct written or oral discussions with all responsible proposers who submit Proposals determined in writing to be reasonably susceptible of being selected for award, except as otherwise provided by law. Where the Metro Government can clearly demonstrate and document from the existence of adequate competition or accurate prior cost experience with the particular supply, service or construction item, the Metro Government may make an award on the basis of the original submitted Proposals.

1.2. Considerations Prior to Submitting a Proposal

1.2.1. Revenue Commission

If you are a Metro Government vendor or you are doing business in Metro Louisville, you should already be registered with the Revenue Commission and have all of your required taxes paid. If you become the successful Proposer, you must be properly registered with the Revenue Commission and have all of your required taxes paid prior to the award of a contract.

You must provide your Revenue Commission Number on the Proposer Information and Proposal Signature Document, unless you do not yet have one.

Contact the Louisville Metro Revenue Commission at (502) 574-4860 for information related to obtaining an account number or verifying current compliance.

1.2.2. Human Relations Commission

There are two affirmative action requirements which apply to Metro Government Contracts: a) Affirmative Action in Employment and b) Affirmative Action in the subcontracting of Minority, Female and Handicapped-owned businesses.

1.2.2.1. Affirmative Action in Employment

1.2.2.1.1. The Louisville Metro Human Relations Commission (“HRC”) is required determine whether contractors’ employment policies assure employment opportunities are available to all citizens without regard to race, color, religion, national origin, marital status, handicap, sex, sexual orientation or gender identity, or age.

1.2.2.1.2. To make this determination, the HRC will make an inquiry of the successful Proposer pursuant to Louisville Metro Ordinances Section 37.27.

1.2.2.1.3. If you are contacted by Purchasing Division staff notifying of award, and you have not already been “HRC Prequalified”, you will need to contact the HRC at 502-574-3631 for information and assistance on procedures to follow in becoming approved and qualified.

1.2.2.1.4. Proposer acknowledges that the resulting Agreement from this RFP is subject to Louisville/Jefferson County Metro Government Ordinances §37.25-§37.36 and failure to comply with the terms of those Ordinances will be cause for suspension, termination or cancellation of a contract executed hereunder, or rejection of Proposer’s Proposal.

1.2.2.2. Affirmative Action in Subcontracting

1.2.2.2.1. Generally, either a Proposer will use subcontractors or it will do all the work itself.

1.2.2.2.2. If Not Using Subcontractors, you must complete and sign Form GFE-1, which is included with this Proposal in the HRC’s “Good Faith Efforts Requirements” document, to indicate work will be self-performed.

1.2.2.2.3. Failure to include a completed Form GFE-1 with your proposal will cause the proposal to be rejected and deemed nonresponsive.

1.2.2.2.4. If Using Subcontractors, you must follow the instructions and complete the forms in the “Good Faith Efforts Requirements” document included with this Proposal. This includes but is not limited to making the required good faith effort, as that term is defined in the document.

1.2.3. LMCO Louisville Metro Codified Ordinance Policy Certifications LMCO 112.30

1.2.3.1. Per LMCO 112.30(D):

1.2.3.1.1. Vendors who apply for business with Louisville Metro must follow the practice that initial vendor employment applications not contain a "box" or a question of inquiry on the initial application regarding an applicant's prior criminal history and applicants shall not be required to check or otherwise fill in a "box" or respond to an inquiry regarding an applicant's prior criminal history on the vendor's initial employment application, unless as otherwise provided by or required by state and federal law.

1.2.3.1.2. Failure to adhere to this requirement shall cause your submission not to be considered for award. Louisville Metro shall retain at all times the authority to deny, rescind, revoke, terminate or not renew a contract with a vendor for failing to comply with the standards established by LMCO 112.30.

1.2.4. Requirements Regarding Sexual Assault and Sexual Harassment in the workplace, per

LMCO 39.220-224:

1.2.4.1. Per LMCO 39.222: An Organization executing a contract valued at $50K or more (“Covered Entities" shall not execute any settlement agreement concerning workplace sexual assault, sexual harassment, failure to prevent same or which concern claims of retaliation against a person reporting such matters if such an agreement prevents or restricts the disclosure of factual information related to such claims filed in a civil action or a complaint filed in an administrative action.

1.2.4.2. Reporting Requirements. Per LMCO 39.221: Each covered entity shall annually report to Louisville Metro internal complaints of workplace sexual harassment and sexual assault by employees who reside or work in Louisville/Jefferson County. The report shall be submitted to the Office of Equity.

1.2.4.3. Nondisclosure Agreements. Per LMCO 39.223: No covered entity shall, in exchange for a raise or bonus, or as a condition of employment or continued employment, require an employee to sign any agreement that prohibits the disclosure of information about unlawful acts in the workplace. “Information about unlawful acts in the workplace" includes, but is not limited to, information pertaining to harassment or discrimination or any other conduct that the employee has reasonable cause to believe is unlawful.

1.3. Preferences

1.3.1. Minimum Wage Preference

1.3.1.1. Per Louisville Metro Ordinance Chapter §37.56, preferences shall be given to businesses, which provide their employees a minimum wage equal to or exceeding the minimum wage set forth in §37.55 ("minimum wage business") which is currently $10.10/hour. This minimum wage rate is the rate set by Louisville Metro Council for all full-time Louisville Metro employees.

1.3.1.2. If a business provides its employees at least $10.10/hour, regardless of location or position, the offer price in the Proposal shall be reduced by 5% for the purpose of determining which offer is most advantageous to Metro Government.

1.3.1.3. If this Proposal is for services, and the business intends to use subcontractors to perform all or part of the work required under the contract, the business shall not subcontract more than 20% of the work to non-minimum wage businesses unless such services are not available from minimum wage businesses.

1.3.1.4. If a business receives the Minimum Wage Preference and is awarded a contract under this Proposal, then it must post a sign of the $10.10 minimum wage rate in a conspicuous place and manner so as to inform employees and the public of your minimum wage policy.

1.3.1.5. If you certify your business as a minimum wage business, are subsequently awarded a contract, and the Metro Government discovers you do not pay your employees at least $10.10 per hour, your business will be liable to the Metro Government for 30% of the amount of the contract awarded.

1.3.1.6. You must complete the Minimum Wage Preference Certification on the Acknowledgements & Preferences Application included in this Proposal.

1.3.2. Local Vendor Preference

The Metro Government gives Proposals submitted by local vendors a preference.

1.3.2.1. To qualify as a local vendor, a company must:

1.3.2.1.1. Be established in the Louisville Metropolitan Statistical Area (“MSA”), as defined by the United States Census Bureau for twelve (12) consecutive months.

1.3.2.1.2. Possess a current Louisville Revenue Commission account number.

1.3.2.1.3. Have its headquarters located in the Louisville MSA or have a branch office currently located in the Louisville MSA for at least twelve (12) consecutive months prior to the broadcast date of this Request for Proposal.

1.3.2.1.4. Determine whether the City or County within the Louisville MSA in which your business is located has the required reciprocal ordinance which recognizes business located within the Louisville MSA as local businesses for the purpose of a procurement preference. If that City or County does have such an ordinance, you must include a copy of that document in your response to this

RFP.

1.3.2.1.5. Utilize local businesses to furnish at least 75% of the services under a contract awarded hereunder unless such services are not available locally.

1.3.2.2. If the Metro Government determines your business is a local business, based on the standards described here, then your business shall receive a 5% reduction of the total amount you propose or 5 points added to your evaluated Proposal total, depending on the type of proposal evaluation process the Metro Government has decided to use.

1.3.2.3. If the Metro Government concludes your business is a local business for the purposes of this Proposal, and that determination is based on false information, the Proposer shall be subject to a fine equal to 25% of the price quoted in this Proposal.

1.3.2.4. Any petition challenging the designation or award of local vendor preference shall follow the procedures set forth in LMCO §37.03.

1.3.3. Kentucky Statutory Preferences

The Commonwealth of Kentucky requires the Metro Government to apply certain purchasing preferences as set forth in Kentucky Revised Statutes (“KRS”) Sections 45A.470, 45A.490, 492 and 494.

1. Kentucky Correctional Industries: Products made by the Department of Corrections, Division of Prison Industries, shall receive a preference equal to twenty (20) percent of the maximum points awarded to a bidder in a solicitation. (KRS 45A.470, 200 KAR 5:410)

2. Qualified bidder status: Kentucky Industries for the Blind, Incorporated, any nonprofit corporation that furthers the purposes of KRS Chapter 163, or a qualified nonprofit agency for individuals with severe disabilities as described in KRS 45A.465(3) shall receive a preference equal to fifteen (15) percent of the maximum points awarded to a bidder in a solicitation.

a. A bidder claiming qualified bidder status shall submit along with its response to a solicitation a notarized affidavit which affirms that it meets the requirements to be considered a qualified bidder. The required affidavit form can be obtained by going to Metro Louisville Metro Government’s Purchase webpage:

https://louisvilleky.gov/government/management-budget/procurement.

3. Reciprocal Preference (KRS 45A.490-494)

a. KRS 45A.490 Definitions for KRS 45A.490 to 45A.494.

1. "Contract" means any agreement of a public agency, including grants and orders, for the purchase or disposal of supplies, services, construction, or any other item; and

2. "Public agency" has the same meaning as in KRS 61.805.

b. KRS 45A.492 Legislative declarations. The General Assembly declares:

1. A public purpose of the Commonwealth is served by providing preference to

Kentucky residents in contracts by public agencies; and

2. Providing preference to Kentucky residents equalizes the competition with other states that provide preference to their residents.

c. KRS 45A.494 Reciprocal preference to be given by public agencies to resident bidders -- List of states -- Administrative regulations.

1. Prior to a contract being awarded to the lowest responsible and responsive bidder on a contract by a public agency, a resident bidder of the Commonwealth shall be given a preference against a nonresident bidder registered in any state that gives or requires a preference to bidders from that state. The preference shall be equal to the preference given or required by the state of the nonresident bidder.

2. A resident bidder is an individual, partnership, association, corporation, or other business entity that, on the date the contract is first advertised or announced as available for bidding:

a. Is authorized to transact business in the Commonwealth; and

b. Has for one (1) year prior to and through the date of the advertisement, filed Kentucky corporate income taxes, made payments to the Kentucky https://louisvilleky.gov/government/management-budget/p unemployment insurance fund established in KRS 341.490, and maintained a Kentucky workers' compensation policy in effect.

3. A nonresident bidder is an individual, partnership, association, corporation, or other business entity that does not meet the requirements of subsection

(2) of this section.

4. If a procurement determination results in a tie between a resident bidder and a nonresident bidder, preference shall be given to the resident bidder.

5. This section shall apply to all contracts funded or controlled in whole or in part by a public agency.

6. The Finance and Administration Cabinet shall maintain a list of states that give to or require a preference for their own resident bidders, including details of the preference given to such bidders, to be used by public agencies in determining resident bidder preferences. The cabinet shall also promulgate administrative regulations in accordance with KRS Chapter 13A establishing the procedure by which the preferences required by this section shall be given.

7. The preference for resident bidders shall not be given if the preference conflicts with federal law.

8. Any public agency soliciting or advertising for bids for contracts shall make KRS 45A.490 to 45A.494 part of the solicitation or advertisement for bids.

A notarized affidavit form for Bidders, Offerors, and Contractors Claiming Resident Bidder Status can be obtained by going to Metro Louisville Metro Government’s Purchase webpage:

https://louisvilleky.gov/government/management-budget/procurement if a proposer wishes to include in their proposal. Unless there are proposal from vendors from states that have a designated percentage or point procurement preference in that state, this preference will not apply.

1.4 Proposal Submittal Requirements

1.4.1 All Proposals must be signed by a duly authorized officer, agent or employee of the Bidder

(See the “Request for Proposal Signature Page” document). Bidder promises that the individual signing the Proposal document for the Bidder has the authority to bind the Bidder.

1.4.2 Sealed Proposals will be accepted until 3:00 p.m. EST on June 16th, 2026.

Louisville Metro Government uses a web-based portal for accepting and evaluating proposals digitally (https://louisvilleky.bonfirehub.com/portal). Documents may be uploaded at any time during the open period. We strongly recommend that you allow sufficient time to complete uploading, submit and finalize your submission before the closing deadline.

If you have any technical questions related to your submission, please contact Bonfire at Support@GoBonfire.com.

https://louisvilleky.gov/government/management-budget/p mailto:Support@GoBonfire.com

You can also visit their help forum at https://bonfirehub.zendesk.com/hc.

1.4.3 Proposals cannot be submitted through the portal after 3:00 p.m. EST on June 16th, 2026.

1.4.4 Any inquiries about this RFP shall be addressed in writing on the Bonfire portal.

1.4.5 Changes, Clarifications, Errors, Addenda:

1.4.5.1 Should a prospective Proposer find a discrepancy in or omissions from the specifications or be unclear as to what the specifications mean, the Proposer shall notify Metro Purchasing through the Bonfire portal. The Buyer will provide written clarification to all prospective Proposers. Proposer agrees that the Metro Government will not be responsible for any oral instructions.

1.4.5.2 Clarification of Submittal: The Metro Government may obtain clarification or additional information from a Bidder.

1.4.5.3 Changes/Alterations: Proposer may change or withdraw its Proposal at any time prior to Proposal closing date and time.

1.4.5.4 The Proposer must respond as required in this Proposal; failure to make any required response or provide required information may cause rejection of the Proposal as nonresponsive.

1.4.5.5 Once this Proposal has been signed by Proposer and officially submitted to the Purchasing Department of the Metro Government, Proposer will not be allowed to alter or withdraw its Proposal except with the written permission of the Director of Purchasing.

1.4.5.6 Addenda: The Metro Government may issue an addendum, or addenda, changing some aspect of the Proposal. All addenda, if any, shall be considered in making the Proposal, and such addenda shall be made a part of this Proposal. Before submitting a Proposal, it is incumbent upon each Proposer to be informed as to whether any addenda have been issued, and the failure to cover in the Proposal any such addenda may result in disqualification of that Proposal.

1.4.6 The Metro Government shall not permit a Proposer to withdraw its Proposal for sixty (60) days after Proposals are opened, unless the Metro Government makes a specific exception in writing. Further, Proposal prices shall be firm for a minimum of six (6) months after the Proposal closing date.

1.4.7 Metro Government shall not be responsible for any cost incurred by the Proposer in the preparation of its Proposal.

1.4.8 If the award is divided among or between vendors, written notification will be given to each vendor of the specific items covered on their respective contracts.

1.5 Buyer Information

Alan Cunningham Alan.cunningham@louisvilleky.gov

(502) 574-6397 https://bonfirehub.zendesk.com/hc

SECTION 2

SPECIFICATIONS

Introduction

Louisville Metro Government is seeking proposals from qualified firms for planning and engineering design services for South 4th Street (W. Liberty Street to River Road) in downtown Louisville, Kentucky.

The project will build off the conceptual framework established by the Louisville Downtown Partnership (LDP) through the Reimagining 4th Street Conceptual Plan (authored by Melk) in late 2024 which establishes the corridor as more of a pedestrian boulevard that connects the city to the Ohio River.

Background and Current Conditions

Louisville’s 4th Street in downtown has historically been one of the city’s most vibrant corridors. Over much of the nineteenth and twentieth centuries it served as the epicenter for retail, corporations, and entertainment. Over the years it has seen dramatic transitions from commercial growth, urban decay, and sweeping revitalization. Today it hosts numerous restaurants, hotels, entertainment destinations, and offices, including a pedestrianized, mixed-use development called Fourth Street Live on the block adjacent to the study area (Liberty to Muhammad Ali). It is one of the few streets that directly connects the Ohio River to downtown in addition to many neighborhoods and destinations to the south.

From Liberty Street to the north, 4th Street undulates from two lanes up to as many as seven lanes near the Ohio River where it is partially elevated out of the floodplain. The northern section of the corridor also serves as the primary access point to the Galt House Hotel and a large parking garage (Riverfront) which greatly diminishes its walkability and connection to the river. Furthermore, 4th Street’s northern terminus is under the I-64 expressway traveling east and west along the Ohio River.

Traffic volumes and speeds along 4th Street are relatively low. Walkability is difficult across some intersections and its design makes it extremely difficult to access the Ohio River. There is a respectable amount of treescape, a plaza space, some wayfinding, and multiple public art installations along this section of the corridor. Ultimately it lacks a cohesive design that showcases its sense of place and connectivity potential as the “spine” of downtown.

Goals & Objectives

This project will build on the conceptual design plan that LDP/Melk produced for 4th Street between the Ohio River and Liberty Street in 2024 along with other previous efforts to create a unified design that will strengthen the identity of the corridor by enhancing its aesthetics, improving connectivity to the Ohio River and other destinations along the corridor (including the Kentucky International Convention Center and the Belvedere, an elevated park sitting on top of the Riverfront parking garage and extending over I- 64), integrating green infrastructure, and creating a safe, attractive, walkable environment.

Improved Streetscape Objectives:

1. Reduce Barriers to Pedestrian Access and Comfort: Reduce or eliminate conflicts between vehicles, bicycles, and pedestrians. Increase the number of crossings to promote pedestrian and bicycle movements along and across the street and throughout downtown. Improve sidewalks with amenities that would encourage more walking.

2. Improve Connectivity: Improve access for all modes and unsightly points of interchange, and enhance lighting, way finding, and transitions to services and destinations.

3. Increase Landscaping and Green Infrastructure Features: Provide opportunities for open land, recreational access, additional street canopy and stormwater management features. This component will be complementary to other efforts to create more green space throughout the urban core.

4. Enhance Land Use: Make the street a safe, pleasant, attractive, and comfortable place to live, shop, and linger. Develop a design that will attract pedestrian-oriented uses such as restaurants, cafes, markets, and neighborhood services. Support existing services and business uses that provide valuable services to Louisville.

5. Vehicle Access: Provide an efficient corridor for motor vehicle travel with smooth, consistent traffic movement. Provide adequate on-street parking, access opportunities.

The goals and objectives will be achieved through the use of standard and innovative design features and treatments, such as Intelligent Transportation Systems (ITS), green infrastructure, engineering, street design and public art. The plan will identify specific designs for immediate street improvements as well as permanent design treatments for the road (on sidewalks, at intersections/driveways) and crossing the road (at midblock locations and un/signalized intersections), bicycle facilities, and traffic calming measures.

Related Plans and Studies

• Melk Reimagining 4th Street Conceptual Plan

• Louisville Downtown Development Strategy

• ULI Rose Fellowship

• Downtown and NuLu Walkability Plan

• Main Re-Made

• Belvedere Redevelopment

• Greenprint Initiative (Envirome Institute)

• Downtown Open Space Network (Urban Design Studio)

Scope of Work & Deliverables

The consultant will be required to meet with Louisville Metro staff, stakeholders, external agencies, and elected officials to discuss the planning and design process (expectations and understandings), update progress, and present the final report. The selected consultant team should be multi-faceted and will be tasked with developing a transformative plan focused on multi-modal mobility, placemaking, and economic development for South 4th Street from Liberty Street to the Ohio River.

The consultant will be expected to have bi-weekly meetings with Metro staff to keep them updated on the project’s progress. The consultant will be required to meet quarterly with project team partners (i.e., other Metro staff, elected officials, businesses, external agencies, and key stakeholders) to discuss the planning process and update progress, prior to the final deliverable.

The primary deliverable for the project will be 100% pre-construction design documents and all associated services that build on the LDP/Melk plan to allow the project to be shovel ready. The following tasks and associated deliverables are required for the project.

TASK 1: Develop a work plan document. The selected consultant, along with Louisville Metro staff, will develop a work plan that assesses the complexity of issues within the corridor and the level of effort required to meet the final deliverables. The work plan will clearly outline the specific strategies and objectives for the project. The previous efforts for this corridor have included public engagement. The work plan will lay out additional needs and strategies for engagement which should primarily focus on targeted stakeholders and evaluate the need for more general public meetings and engagement.

Deliverable(s): A work plan document with tasks and associated goals and processes. Included in the work plan should be project milestones, engagement strategies, and a general plan timeline.

TASK 2: Develop an existing conditions analysis. The consultant will develop a report that analyzes existing conditions including but not limited to traffic data, bike/ped assessment, environmental resources, lighting, utilities, and other features. The analysis should also identify corridor challenges, known impacts, and transformative opportunities.

Deliverable(s): An existing conditions analysis that identifies the existing pedestrian, green spaces, multi-modal, and traffic conditions and connections to key destinations near and along the corridor.

TASK 3: Identify needs, issues, impacts, goals, and assessment criteria. Working with Louisville Metro Staff and key stakeholders, the consulting team will develop a preliminary purpose and need statement and vision to guide the process and establish a set of goals and objectives that will be used to create preliminary engineering documents and associated executive summary for the corridor.

Deliverable(s): A clear description of the needs and issues of the corridor. Provide an assessment tool to help determine solutions developed by staff and key stakeholders.

TASK 4: Establish Preferred Alternative. The consultant will develop a preferred alternative conceptual plan that includes the locally preferred corridor design. This should build off the Melk Conceptual Plan with a focus on functionality and feasibility.

Deliverable(s): Recommendation document that outlines design improvement options, potential challenges and associated cost estimates.

TASK 5: Preliminary Design Documents. The consultant will develop preliminary engineering plans that build off of the LDP/Melk concept plan and prep the project for final design and implementation. This will include utility coordination and ROW needs.

Deliverable(s): Preliminary engineering plans for the corridor that are ready for environmental review.

TASK 5: Environmental Review. The consultant will do an environmental analysis (NEPA) that meets the needs of environmental background documentation for the future plan implementation. The environmental overview is needed should the project implementation utilize federal funding.

Deliverable(s): Environmental overview report that provides complete NEPA approval.

TASK 6: Quality Assurance and Quality Control Plan. The consultant team shall establish a Quality Control and Quality Assurance Program of its own work and that of sub-consultants’ work and perform Quality Reviews of Preliminary Engineering

Deliverable(s): Prepare a project-specific Quality Assurance and Quality Control Program that addresses quality elements for design, design control, configuration control, etc.

Task 7: Final Plans: The consultant team will create 100% pre-construction design documents for the project. The plans will include a cost estimate for all phases of implementation.

Deliverable(s): 100% pre-construction design documents that allow the project to be shovel ready, cost estimates, and potential funding sources. This should include a high-level viability review of a federal TIFIA (Transportation Infrastructure Finance and Innovation Act) loan. Metro previously engaged Jones Lang LaSalle (JLL) to conduct an analysis of use of TIFIA for financing transit-oriented development and infrastructure improvements. All work should be coordinated with JLL.

Project Funding

The contract will be a not-to-exceed contract. The contract for this project will include costs for travel, materials, time, delivery, and fees for all tasks described in the Scope of Work.

This contract is funded by the Build America Bureau’s Innovative Finance and Asset Concession Grant Program (FAIN: 69A6212550015) to support communities seeking to explore innovative financing for infrastructure and redevelopment projects. This contract requires adherence to 2 CFR 200 procurement standards, including full and open competition. The anticipated budget for this project is $600,000.

Project Timeline

• May Request for Proposals Issued

• June Contract Selection/Approval

• July Project Kickoff

• July-December Plan Development

• January Final Plan

Required Submittals

• Firm Overview & Qualifications:

o Cover letter o Firm description o Org chart of key staff assigned to project and project team organization o Summary of qualifications of key staff

• Relevant Experience:

o Description of relevant projects completed by key staff assigned to project o List of five (5) references

• Project Understanding & Methodology:

o Detailed description of project approach, targeted engagement process, visioning process, innovative methods/approach envisioned for the plan, and deliverables

The above required information, excluding required forms, shall not exceed 30 pages.

SECTION 3

EVALUATION CRITERIA

3.1. Evaluation Process

After receipt of proposals the Metro Government shall evaluate all responses based on the criteria below. During that evaluation, the Metro Government shall rank all responses, again based on the criteria described below. Once the RFP Responses are ranked, the Metro Government shall determine in writing which responses are reasonably susceptible of being awarded the work. The Metro Government shall thereafter conduct negotiations with each of those “reasonably susceptible” Proposers, unless the Metro Government concludes that an award may be made without negotiations, as allowed by KRS 45A.370 (3).

The Metro Government will conduct a multi-stage process for selecting proposals that are determined to be reasonably susceptible to award.

Pre-Stage

There are two affirmative action requirements which apply to Metro Government contracts: a) Affirmative Action in Employment and b) Affirmative Action in the subcontracting of Minority, Female and Handicapped-owned businesses. The Louisville Human Relations Commission (HRC) is responsible for compliance of these requirements. Failure to submit the HRC “Good Faith Effort” requirements identified in this RFP document will cause the proposal to be deemed non-responsive.

Stage 1

The RFP evaluation committee shall score all proposals based upon the evaluation criteria detailed herein as well as any preferences authorized in Louisville Metro County Ordinance identified in this RFP. Upon completion of the scoring, the committee shall recommend short-listing the proposals that are reasonably susceptible of being awarded.

Stage 2

Vendors whose proposals have been identified as reasonably susceptible to award may be invited to discuss their proposal with the RFP evaluation committee. The date, time and location of the meetings will be negotiated.

The committee may carry out contract negotiations for the purpose of obtaining best and final offers, terms, and conduct detailed reference checks on the short listed vendors. The Metro Government reserves the right to contact respondents with requests for clarification.

Award

There exists the possibility that an award may be made on the basis of initial offers if it can be clearly demonstrated and documented from the existence of adequate competition or accurate prior cost experience that acceptance of an initial offer without discussion (Stage 2) would result in fair and reasonable prices (KRS 45A.370(3)(c)).

Award will be made to the responsible offeror whose proposal is determined in writing to be the most advantageous to Louisville Metro Government based upon the evaluation factors set forth in this RFP.

3.2. Evaluation Criteria

The Proposals received pursuant to this Request for Proposals will be evaluated on the following selection criteria:

Firm/Key Staff Expertise Experience – 30 Points Relevant Previous Work/Projects – 30 Points Project Approach – 40 Points

TOTAL 100 POINTS

3.3. Proposals will be reviewed by a committee consisting of representatives from:

3.3.1. Louisville Metro Cabinet for Economic Development

3.3.2. Louisville Department of Transportation

3.3.3. Louisville Downtown Partnership

3.3.4. Louisville Mayor’s Office

SECTION 4

GENERAL PROVISIONS

4.1 Proposal Acceptance

Metro Government may award Proposals in its best interest, reject proposals or any part of them, award contracts in whole or part, waive what it concludes in its discretion are minor problems with proposals, including but not limited to formalities or technicalities. The Metro Government may consider any alternative proposals which meet its needs.

4.2 Payment Terms: Net 30 days.

4.3 Pricing

4.3.1 Proposal prices shall be firm for at least six (6) months after the Proposal closing date.

4.3.2 Project-Specific Contracts: Pricing for specific Metro Government projects shall not change for the duration of the contract.

4.3.3 Non-Project Specific Contracts, Including Price Contracts:

4.3.3.1 For non-project-specific contracts, including Price Contracts, Proposer agrees that prices shall not change for the first year of that contract.

4.3.3.2 If a contract is renewed, all price increase requests after the first year must be submitted in writing to the Purchasing Division, ombcontractadmin@louisvilleky.gov

Upon notification by the vendor of documented market increases, Proposer agrees that the Metro Government may either accept the price change or terminate the contract. Increases shall not be effective until the Metro Government’s approval of them is received by the Proposer in writing.

4.3.4 Prices quoted shall be exclusive of the State and Federal Excise Tax, since the Metro Government is exempt from them.

4.3.5 Time discounts or cash discounts shall not be considered in Proposal evaluation.

4.3.6 Prices for any Proposal item shall not be contingent upon the purchase of any other

Proposal item.

4.3.7 If `approximate yearly usage' is supplied, it is only to aid vendors in preparation of

Proposals and under no circumstances binds the Metro Government to purchase those amounts.

4.3.8 Proposer should show unit prices and extended prices (unit prices multiplied by the number of units proposed to be purchased).

4.4 Special Conditions for Price Contracts:

4.4.1 A “Price Contract” is an agreement for the purchase of goods and possibly services which the Metro Government may utilize to fill its needs throughout the term of the contract. It is not a contract for a specific project, though purchases may be made for particular projects as the need arises. A Price Contract does not obligate the Metro Government to purchase any amount of the Proposal goods or services.

4.4.2 The Metro Government may renew contracts for a period of one (1) year and from year to year thereafter, upon the same terms and conditions as the original contract, if such mailto:ombcontractadmin@louisvilleky.gov renewal or extension is agreed to by the contractor. Total contract period cannot exceed five (5) years. Written notice of Metro Government's intention to renew will be sent prior to the expiration date.

4.4.3 Any government entity in Kentucky shall have the option of making purchases under a Price Contract executed under this Proposal.

4.4.4 If a price contract is awarded hereunder, the Proposer agrees the Metro Government may nonetheless issue a separate Proposal for the products or services which are the subject of this Proposal.

4.5 Special Conditions Applicable to Contracts for the Purchase of Goods (including Price Contracts, if those contracts are for the purchase of goods)

4.5.1 Proposer must submit all factory literature and supporting documentation with each submitted copy of its RFP.

4.5.2 Proposer shall provide prices for goods as FOB Delivered. Metro shall not pay for shipping, handling or any other associated charges for shipping.

4.5.3 All goods purchased are subject to inspection at the point of delivery by the Metro Government.

4.5.4 Proposer agrees to pay all costs for the return of rejected goods.

4.6 Tariff

4.6.1 For purposes of this contract, “Tariff” means any new, increased, or modified import duty, tax, or levy imposed by the United States federal government under the Harmonized Tariff Schedule of the United States (HTSUS) after the effective date of this contract.

4.6.2 If Tariffs change during the term of this contract and directly impact the cost of products, goods, materials, or a clearly defined component part thereof required for performance of this contract, the Contractor may request a price adjustment if the net change in cost attributable solely to such Tariff change exceeds 5% of the material impacted. The Contractor is limited to one price adjustment per quarter.

4.6.3 If the Contractor is requesting a price adjustment, it must submit (1) a written request to ombcontractadmin@louisvilleky.gov and (2) evidence of: (i) the unit price paid by Contractor as of the date of award for the good or raw material used to furnish the goods to the Unit under this contract, (ii) the applicability of the Tariff to the specific good or raw material, and (iii) Contractor’s payment of the increased Tariff (either directly or through an increase to the cost paid for the good or raw material). The evidence submitted shall be sufficient to allow the Unit to verify that the Tariff is the cause of the price change. The Unit may request, and the Contractor shall provide, additional documentation reasonably necessary to verify the Contractor’s request.

4.6.4 If approved by the Unit, the amount of any adjustment shall equal the difference between the actual material cost incurred of the baseline cost. Adjustments shall be limited to the affected materials and shall not exceed 15% of the initial contract price.

4.6.5 If the Tariff is repealed or reduced prior to termination of this contract, the increase in the Unit’s contract price shall be reduced by the same amount and adjusted accordingly within ten (10) business days.

4.7 Worker Safety

4.7.1 The Proposer agrees to comply with all statutes, rules, and regulations governing safe and healthful working conditions, including the Occupational Health and Safety Act of 1970, 29 U.S.C. 650 et.seq., as amended, and KRS Chapter 338. The Proposer will provide training documentation for all standards applicable to the job. Necessary trainings would include, but are not limited to, remediation, abatement, powered industrial truck equipment brought on site by bidder, SDS for all chemicals brought to site by bidder, confined space, fall protection, or any other trainings required by an afore mentioned standard under the scope of work being proposed. The Proposer agrees to provide, for all their employees working on properties where Metro employees reside, documentation of current (annual) asbestos awareness training, per OSHA’s 1926.1101(k)(9)(vi) regulation. The Proposer also agrees to notify the Metro Government in writing immediately upon detection of any unsafe and/or unhealthful working conditions on Metro Government property. Proposer agrees to indemnify, defend and hold the Metro Government harmless from all penalties, fines or other expenses arising out of the alleged violation of said laws.

4.8 Records Retention

4.8.1 Proposer shall maintain during the course of the work, and retain not less than five years from the date of final payment on the contract, complete and accurate records of all of Proposer’s costs which are chargeable to the Metro Government under this Agreement;

and the Metro Government shall have the right, at any reasonable time, to inspect and audit those records by authorized representatives of its own or of any public accounting firm selected by it. The records to be thus maintained and retained by Proposer shall include (without limitation): (a) payroll records accounting for total time distribution of Proposer’s employees working full or part time on the work (to permit tracing to payrolls and related tax returns), as well as canceled payroll checks, or signed receipts for payroll payments in cash; (b) invoices for purchases receiving and issuing documents, and all the other unit inventory records for Proposer’s stores stock or capital items; and (c) paid invoices and canceled checks for materials purchased and for subcontractors’ and any other third parties’ charges.

4.9 Multiple Awards

4.9.1 As allowed by the Metro Government Finance Manual (Purchasing Policies, Section III, A, 3), multiple contracts may be issued and those contracts, if any, shall be ranked as primary, secondary, etc. A secondary or lower ranking contract may be used if the primary contractor is unable to perform. However, the primary contractor shall be given the first opportunity to provide the services required. Contracts shall be utilized in the order stated in the award.

4.10 Protest Policy

4.10.1 Bidders/Proposers who wish to protest must do so in writing. The subject of the protest shall be limited to fraud, corruption, or illegal acts undermining the objectivity and integrity of the procurement process.

4.10.2 The protest must be received in accordance with the timing and documentation requirements for the type of protest. A protest regarding solicitation must be received no later than five (5) days before the due date for submittals. Any protest regarding the intent to award of the contract must be received no later than three (3) days after posted intent to award.

4.10.3 The protest must include: name, address, telephone, and e-mail address of the protesting party and the person representing them; a complete statement of the legal grounds for the protest specifically identifying law, rule, regulation or procedure alleged to have been violated; relevant support documentation; a statement regarding the course of action the protesting party desires.

4.10.4 Written protests should be submitted either by mail or hand delivered between 8:00 a.m.

and 5:00 p.m. to the Office of Management & Budget; Department of Purchasing; 611 W.

Jefferson Street; Louisville, KY 40202; OR, by email to: ombpurchasing@louisvilleky.gov

4.10.5 If the protest does not meet the time or content requirements it will not be considered.

4.10.6 For more information on this policy visit:

https://louisvilleky.gov/government/management-budget/procurement.

4.11 Open Records

4.11.1 All materials submitted in response to the solicitation document will become the property of the Metro Government. One copy of a submitted Proposal will be retained for official files and will become public record. In general, under the Kentucky Open Records Act (Kentucky Revised Statutes, sections 61.870 – 61.884), public records of the Metro Government are subject to disclosure to a requesting party. Any material that a vendor considers as confidential but does not meet the disclosure exemption requirements of the Open Records Act (“ORA”), should not be included in the vendor’s Proposal, as it may be made available to the public. If a vendor’s Proposal contains materials noted or marked as confidential and/or proprietary that, in Metro’s sole opinion, meet the disclosure exemption requirements of the ORA, then that information will not be disclosed in response to a written request for public documents. If Metro does not consider such material to be exempt from disclosure under the ORA, the material may be made available to the public, regardless of the notation or marking. If a vendor is unsure if its confidential and/or proprietary material meets the disclosure exemption requirements of the ORA, then it should not include such information in its Proposal because such information may be disclosed to the public.

4.12 Bribery Clause

4.12.1 By his/her signature on the Proposal, Proposer certifies that none of its employees, any affiliate or Subcontractor, have bribed or attempted to bribe an officer or employee of the Metro Government.

4.13 Entire Agreement

4.13.1 A contract executed under this Proposal shall include this RFP and the Proposer’s response thereto (“Response”) and that contract shall constitute the entire agreement and understanding of the parties with respect to the subject matter set forth herein and that contract supersedes any and all prior and contemporaneous oral or written mailto:ombpurchasing@louisvilleky.gov https://louisvilleky.gov/government/management-budget/procurement agreements or understandings between the parties relative thereto. No representation, promise, inducement, or statement of intention has been made by the parties which will not be embodied in that contract. The contract cannot be amended, modified, or supplemented in any respect except by a subsequent written agreement duly executed by all of the parties hereto.

4.14 Termination for Cause

4.14.1 Metro Government may terminate a contract because a contractor fails to perform its contractual duties.

4.14.2 If a contractor is determined to be in default, Metro Government shall notify the contractor in writing and may either 1) terminate the contract immediately or 2) set a date by which the contractor shall cure the identified deficiencies. Metro Government may proceed with termination if the contractor fails to cure the deficiencies within the specified time.

4.14.3 A default in performance by a contractor for which a contract may be terminated shall include, but not be limited to:

4.14.3.1 Failure to make delivery within the time specified or according to a delivery schedule fixed by the contract;

4.14.3.2 Late payment or nonpayment of bills for labor, materials, supplies, or equipment furnished in connection with a contract for construction services as evidenced by mechanics' liens filed pursuant to the provisions of KRS Chapter 376, or letters of indebtedness received from creditors by the purchasing agency;

4.14.3.3 Failure to diligently advance the work under a contract for construction services;

4.14.3.4 The filing of a bankruptcy petition by or against the contractor; or

4.14.3.5 Actions that endanger the health, safety or welfare of Metro Government or its citizens.

4.14.4 In the event that, during the terms of this Contract, funds are not appropriated for the payment of the Metro Government’s obligations hereunder, the Metro Government’s rights and obligations herein shall terminate on the last day for which an appropriation has been made.

4.15 At Will Termination

4.15.1 Notwithstanding the above provisions, the Metro Government may terminate this contract at will in accordance with the law upon providing thirty (30) days written notice of that intent. Payment for services or goods received prior to termination shall be made by the Metro Government provided those goods or services were provided in a manner acceptable to the Metro Government. Payment for those goods and services shall not be unreasonably withheld.

4.16 Force Majeure

4.16.1 Neither Proposer nor the Metro Government shall be liable in damages or have the right to terminate a contract executed hereunder for any delay or default in performing that contract if such delay or default is caused by conditions beyond either party’s control including, but not limited to Acts of God, Government restrictions (including the denial or cancellation of any export or other necessary license), wars, insurrections and/or any other cause beyond the reasonable control of the party whose performance is affected.

4.17 Assignment of Contract

4.17.1 The Proposer shall not assign or subcontract any portion of the Contract without the express written consent of Metro Government. Any purported assignment or subcontract without the written consent of the Metro Government shall be void.

Proposer agrees that the Metro Government shall consent to any request for assignment or subcontract in its sole discretion. If ownership of Proposer changes, Proposer or its successor firm shall notify Metro Purchasing in writing within 30 days of the Proposer’s receiving notice that its ownership is changing, including but not limited to purchase or other transfer.

4.18 No Waiver

4.18.1 No failure or delay by Metro Government in exercising any right, remedy, power or privilege hereunder, nor any single or partial exercise thereof, nor the exercise of any other right, remedy, power or privilege shall operate as a waiver hereof or thereof. No failure or delay by Metro Government in exercising any right, remedy, power or privilege under or in respect of this Contract shall affect the rights, remedies, powers or privileges of Metro Government hereunder or shall operate as a waiver thereof.

4.19 Authority to do Business

4.19.1 The Proposer must be a duly…