CITY OF COVINGTON

REQUEST FOR SUPPLIER QUALIFICATIONS

RFSQ260402

For:

PROFESSIONAL

ELECTRIC VEHICLE (“EV”) CHARGING INFRASTRUCTURE DESIGN

SERVICES

RESPONSES DUE

NO LATER THAN: 10:00 A.M. 2026 April 30

Issued:

2026 April 03

By:

Department of Finance / Procurement Office

For:

Covington Motor Vehicle Parking Authority

20 West Pike Street Covington KY 41011

I. LEGAL NOTICE / ADVERTISEMENT

The City of Covington, Kentucky (“City”), on behalf of the Covington motor Vehicle Parking Authority (“CMVPA”) solicits Statements Of Qualifications (“SOQ” / “SOQs”) from competent, experienced, knowledgeable, professional, and qualified providers (“Provider”) for the delivery of goods and performance of services described in this Request for Supplier Qualifications (“RFSQ”), and in compliance with all applicable laws, regulations, policies, procedures, and industry standards. Respondents shall be prepared to enter into a Contractual Agreement (“Agreement”) to perform described services.

RFSQ Title: Professional Electric Vehicle (“EV”) Charging

Infrastructure Design Services

RFSQ No.: RFSQ260402 Date Issued: 2026 April 03 Response Due Date/Time: (Prior to) 2026 April 30 10:00 A.M.

Issuing Agency: Covington Motor Vehicle Parking Authority (“CMVPA”) 20 West Pike Street Covington, KY 41011 Contact: Peter Hager, Procurement Officer peter.hager@covingtonky.gov

859.292.2178 (Mon – Fri / 10:AM – 2:PM) NOTE: All times listed in this solicitation shall be those in effect (either Eastern Standard Time {“EST”} or Eastern Daylight Savings Time {“EDT”}) at Covington, KY on the date(s) for which the time(s) is (are) listed and/or to which it is relative.

SOQs shall be submitted in a sealed envelope, receipt of which will be time-stamped by the City, and which shall be plainly marked on the outside:

• "RFSQ260402 EVCID - DO NOT OPEN WITH REGULAR MAIL."

• Submitting Entity’s Name, Street Address, Representative’s Name, and Telephone Number.

SEALED SOQ RESPONSES SHALL BE PHYSICALLY DELIVERED* TO:

Covington City Hall First Floor Finance Department - Window 20 West Pike Street Covington, KY 41011 *The City of Covington does not, presently, accept primary formal bid and/or proposal responses, electronically (e.g., via fax, e-mail, website portal).

RESPONSES SHALL BE SUBMITTED BY: 2026 April 30 10:00 A.M.; Submittals received after this date and time shall be considered non-responsive.

REVIEW: Pursuant to KRS 45A.370, the evaluation of Proposals shall be conducted using competitive negotiation. Any final award shall be based upon the criteria set forth below and shall include the Reciprocal Preference for Residential Respondents outlined in KRS 45A.490 to 45A-494, as required. The City and CMVPA find selection based upon competitive negotiation necessary, upon the determination that specifications cannot be made sufficiently specific to permit an award based on lowest bid price or lowest evaluated bid price. The City and CMVPA reserve the right to reject any and all proposals. All Proposals will be reviewed and scored in accordance with the evaluation criteria set forth herein.

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TABLE OF CONTENTS

Reference Subject Page

I Solicitation Legal Advertisement / Public Notice 2

Table Of Contents 4 II RFSQ Schedule / Events Timeline 5

III Background, Overview, And General Information 5

IV SOQ Contents And Submittal Instructions 9

V Anticipated Scope(s) Of Work (Services) / General Requirements 12

VI Evaluation Criteria 15 VII General Provisions 16

* Attachment A Statement Of Qualifications Cover Page 21 *

* Attachment B Accident Waiver And Release Of Liability 23 *

* Attachment C Non-Collusion Affidavit 25 *

* Attachment D Campaign Finance Affidavit 27 *

* Attachment E

Certification Against Conflicts Of Interest, Gratuities, And Kickbacks 28 *

NOTE:

* All Attachments (A - E) are required to be Properly Completed, Executed, and Submitted with and as integral parts of SOQ response.

II. RFSQ EVENT SCHEDULE

A. CMVPA reserves the right(s) to modify or alter the schedule of events to such extent as it may determine to be in its best interests.

III. BACKGROUND, OVERVIEW, AND GENERAL INFORMATION

A. The Covington Motor Vehicle Parking Authority (“CMVPA”) is soliciting SOQs from interested professional entities that desire to be determined to be qualified to perform Professional Electric Vehicle (“EV”) Charging Infrastructure Design Services pertaining to several sites at parking facilities / assets in the city of Covington, Kentucky.

CMVPA intends to select one or more qualified professional consultant(s), designer(s), engineer(s), and/or cooperating teams thereof to perform requisite services to design adequate and appropriate EV Charging infrastructure that shall comply with all applicable Codes, rules, laws, regulations, industry standards and relative policies and/or procedures.

B. Pursuant to the provisions of KRS 424.260, the City of Covington, on behalf of the

Covington Motor Vehicle Parking Authority (“CMVPA”) will receive SOQs related to Professional Electric Vehicle (EV) Charging Infrastructure Design Services pertaining to several sites at Parking facilities / assets in Covington KY (“Sites”). SOQs must be received by April 30, 2026, at 10:00 A..M. Eastern Time (“EDT”). No SOQs will be accepted after that time unless such date or time is extended pursuant to an Addendum, or Addenda issued by the City on behalf of CMVPA.

C. An optional Pre-Submittal Meeting will be held on April 13, 2026, at 2:00 P.M. EST, at the

CMVPA Centre – Admin Offices, 20 W. Pike St. Covington, KY 41011.

1. Please RSVP intent to attend and name(s) of those planning to attend to:

kyle.snyder@covingtonky.gov at least forty-eight (48) hours prior to its scheduled time with Subject Line “RFSQ260402 RSVP.”

a. This is the sole exception to the communication protocols otherwise herein specified.

EVENT DATE & TIME

RFSQ Solicitation Issued 2026 April 03

Optional Pre-Submittal Meeting 2026 April 13 2:00 P.M.

Interested Party Requests For Information (Questions / Clarification Requests) ("RFI") Due Prior To

2026 April 20 10:00 A.M.

Publication of CMVPA's responses to RFI

2026 April 22 3:30 P.M.

SOQ Submittals Due Prior To 2026 April 30 10:00 A.M.

Evaluation of SOQs (Estimated) 2026 May 15 mailto:kyle.snyder@covingtonky.gov

2. To facilitate a comprehensive understanding of the related Scope(s) Of Work (“SOW / “SOWs”) (services) and expectations for the Professional Electric Vehicle (EV) Charging Infrastructure Design Services anticipated to be subsequently solicited for performance through a competitive Request For Proposals (“RFP”) process open to those parties having been determined to be qualified through this RFSQ process, a Pre(SOQ)-Submittal Meeting will be conducted by the CMVPA at 2:00 P.M., April 13, 2026, at the CMVPA Centre – Administrative Offices, 20 W. Pike St. Covington, KY 41011.

3. During the Pre-Submittal Meeting, CMVPA staff will provide an overview of the Scope(s)

Of Work (services) and related performance expectations anticipated to be included in the forthcoming RFP for the design process(es) and will accept any relevant questions.

4. One of multiple objectives of this meeting includes providing opportunities for prospective prime and sub-consulting firms to network.

5. Attendance of the meeting is optional and STRONGLY encouraged.

D. The Project Overview and descriptions provided in this RFSQ are intended to convey general Scope(s) Of Work and/or Services to facilitate Respondents’ submittals of responsive SOQs addressing their respective professional experiences and present their respective subject matter expertise and proven past performance professionally performing services similar to those described in this RFSQ.

E. CMVPA reserves the right to waive any informality or irregularity in any submitted SOQ response, to reject any or all SOQ responses to such extent as CMVPA may determine is in its best interests.

F. Interested parties are hereby notified that submitting a SOQ in response to this solicitation shall indicate that Respondent is interested to qualify to be solicited to offer CMVPA a formal Proposal to perform services that may include but are not necessarily limited to:

1. Professionally design, plan, and comprehensively develop SOW’s, Specifications, and/or Construction Documents for the installation of EV Charging Infrastructure, minimally at the following four (4) existing parking assets:

a. River Center Garage (100 River center Boulevard).

b. Mid-town Garage (501 Scott Street).

c. Pershing Lot (323 Pershing Avenue).

d. On street Philadelphia Avenue South of 4th Street.

2. Based upon the submittal deadline for SOQ’s in response to this solicitation (April 30, 2026), the estimated project schedule, where the following time periods are successive, not cumulative, is:

a. Two (2) weeks hence, SOQs evaluated; qualified entities determined.

b. One to two (1 - 2) weeks hence, RFP solicitation issued.

i. One to two (1 - 2) weeks hence, The City, at its sole option, may conduct a mandatory or optional Pre-Proposal Meeting.

ii. One to two (1 - 2) weeks hence, Requests For Information (“RFI”) and/or clarification submitted and responded to.

iii. One to two (1 - 2) weeks hence, Proposals due.

c. One to two (1 - 2) weeks hence, Initial evaluation of Proposal responses.

d. One to two (1 - 2) weeks hence, Interviews with / Presentations from apparent best Respondents.

e. One to two (1 - 2) weeks hence, Negotiations of Scope(s) Of Work and/or Professional Fee(s) with apparent best Respondent(s).

f. Two to four (2 - 4) weeks hence, Anticipated Design Notice to Proceed.

g. CMVPA seeks 100% Final Plan Submittal / Contractual Performance at the soonest economical, reasonable, prudent, and practicable time, which may be a factor of consideration in determining contractual awards.

G. CMVPA intends to utilize a combination of funding sources, including Ohio Kentucky

Indiana Regional Council Of Governments (“OKI”) grants and intends to initially focus on providing EV Chargers at the existing parking sights referenced above at 2.a – 2.d, and possibly at potentially forthcoming additional locations at other areas of and/or locations within the City’s jurisdictional limits.

H. CMVPA plans to provide multiple options for EV charging around the City, including but not necessarily limited to Level Two (“L2”) EV chargers and Direct Current Fast Charging (“DCFC”) chargers.

I. Successful Respondent(s) to this RFSQ and subsequent RFP(s) may be contractually engaged to perform professional design services relative to the identified locations, and may also be engaged to perform additional professional services to provide planning and/or construction observation and management services.

J. CMVPA recognizes and discloses the potential to create and enter into one or more overarching Master Agreement(s) (“MA” / “MAs”) as a result of this RFSQ and subsequent RFP (s) with negotiated SOW(s) and fee(s) for each individual project. This RFSQ includes a list of potential projects, which is not necessarily exhaustive and is subject to change by CMVPA.

1. CMVPA may include provisions in its RFP(s) to optionally permit other regional governmental entities to ‘piggyback’ contract similar services at the same rates, terms, and conditions.

2. CMVPA reserves the right(s) to issue individual procurement solicitations for the services listed in this RFSQ and for the performance of work related to these projects.

K. Interested parties are hereby notified that submitting a SOQ in response to the solicitation shall indicate that respondent is interested to qualify to be solicited to offer CMVPA a formal proposal to perform services that may include but are not necessarily limited to the following requirements:

1. Comply with Title VI of the Civil Rights Act of 1964 (78 Stat. 252, 42 U.S.C. §§ 2000d to 2000d-4), and other related, relevant and/or applicable Regulations.

2. Assure that Disadvantaged Business Enterprises (“DBE” / “DBEs”) are afforded open, fair, and equitable inclusion opportunity and will not be discriminated against on the grounds of race, color, or national origin.

3. Comply with 49 CFR Part 26; Respondents shall use good faith efforts to include DBE participation.

4. Comply with Executive Order 11246; Affirmative Action and Equal Employment Opportunities.

5. Adhere to the provisions of 49 CFR Part 30; Foreign Trade Restrictions.

6. Comply with 49 USC 50101; Buy American Preference Requirements.

7. Comply with 49 CFR Part 29; Davis-Bacon Act Requirements.

8. Attain, maintain, and/or possess valid Certification Regarding Debarment and Suspension.

9. Comply with 41 CFR § 60-1.8; Nonsegregated Facilities Requirement.

10. Comply with drug-free workplace requirements.

11. Comply with all other applicable Federal grant requirements that will be included within the RFP and Contract Documents.

12. Extend opportunities for the City, CMVPA, and/or other locally / regionally situated public sector entities to acquire additional similar services at the same rates rate(s), and/or fee(s) structure(s) by ‘piggyback’ contracting.

L. The Owner, in accordance with the provisions of Title VI of the Civil Rights Act of 1964

(78 Stat. 252, 42 U.S.C. §§ 2000d to 2000d-4) and related regulations, hereby notifies all potentially interested parties that it will affirmatively ensure that any contract entered into pursuant to this and/or subsequent competitive procurement solicitation will provide open, equitable and fair opportunities for DBEs to submit competitive offers in response to same and that DBEs will not be discriminated against on the grounds of race, color, or national origin in consideration for any contractual award.

M. Additional information and documents related to the RFSQ may be viewed and/or downloaded from the City’s procurement portal at: https://covingtonky.bonfirehub.com.

New user registrations may also be performed at the same URL, free of charge.

https://covingtonky.bonfirehub.com/

IV. SOQ CONTENTS AND SUBMITTAL INSTRUCTIONS

A. RESPONSES to this RFSQ shall be submitted on standard 8.5” X 11” paper, as follows:

1. Two (2) printed ‘hardcopy’ SOQ instruments inclusive of all requisite documentation and prepared with font sizes no smaller than ten (10) points; twelve (12) points preferred for main contents.

a. One (1) unbound original SOQ with original signatures, and which shall be clearly labeled/marked on the front page “Original.”

b. One (1) complete and identical copy, which may be bound and shall be clearly labeled/marked on the front page “Copy.”

2. One (1) complete electronic (.pdf-formatted) copy on a USB drive, which shall include all requisite and ancillary documentation furnished as the Original SOQ instrument as a single file.

3. SOQs and supporting documentation shall be submitted sealed and clearly labeled on the exterior of the sealed container (e.g., envelope):

a. “RFSQ250302 EVCIDS SOQ.”

b. Responding entity’s name.

c. Responding entity’s representative’s name.

d. Representative’s area code and telephone number.

e. Representative’s e-Mail address.

i. A business card firmly affixed at the return address area of the sealed container will generally satisfy these requirements.

4. SOQs shall be delivered timely to:

Covington Kentucky City Hall Finance Department – 1st Floor Lobby Window

20 West Pike Street Covington, KY 41011

a. NOTE: The City does not presently accept responses to solicitations electronically (e.g., via Fax, e-Mail, Internet / Web Portal, etc.).

b. SOQs received after the Submittal Deadline will be rejected as non-responsive.

B. MINIMUM QUALIFICATIONS

1. Firms submitting a response must demonstrate adequate and appropriate qualifications in the forms of professional knowledge and experience through proven past, successful performance of similar projects of similar scope and complexity. Firms must be qualified to work in the State of Kentucky and must be able to stamp the plans by a licensed professional Architect, Engineer, and/or Surveyor registered in the State of Kentucky.

C. SOQ CONTENTS

1. The information requested through this RFSQ is necessary for the City of Covington to adequately and equitably evaluate all SOQ responses. Failure to provide requested information may result in SOQ rejection. The City is not responsible for the costs incurred by Respondents or their sub-Respondents relative to this RFSQ process, including, but not limited to costs associated with preparing a SOQ and participating in any presentations.

2. SOQs shall include the following information identified in this section and presented in the same order (sequence) as presented herein unless otherwise herein specified.

a. SOQs are not to exceed ten (10) pages in length.

3. Appendices do not count toward page limits and shall be used as follows:

a. Appendix A: Relevant project experience synopses.

b. Appendix B: Relevant professional references.

c. Appendix C: Relevant professional team-member resumés.

i. SOQs will be evaluated and ranked based upon the contents described herein.

Additional appendices / information will not necessarily have a large impact on evaluation scoring and/or ranking.

ii. Section dividers, tabs, and cover sheets do not count toward the ten (10) Page limit.

4. Complete, execute and submit the “STATEMENT OF QUALIFICATIONS COVER

PAGE” included in this solicitation as Attachment A.

5. Complete, execute, and submit all other Attachments included in this solicitation indicated as being required.

6. A transmittal letter, which does not count toward the ten (10) page limit, that includes the following information:

a. Respondent’s name and street mailing address.

b. Respondent’s current legal status: Corporation, Individual, Joint-Venture, Partnership, Sole Proprietorship, etc.

c. Primary contact person’s name, title, area code and telephone number, area code and fax number, and e-Mail address.

i. Identify the principal person(s) authorized to represent the Respondent to the

City and any other key participants who may be involved in negotiating any relative service terms.

d. Identification of the entity(ies) seeking qualification, general descriptions of the roles and capacities in which they plan to act and/or cooperate, and a summary of the team’s prior professional experience working together (as applicable) to provide similar services in similar capacities and/or scopes.

i. SOQ contents, clarifications, and/or subsequent Proposal(s) submitted by the successful Respondent(s) may become part of the contractual obligation(s) and be incorporated by reference into any subsequent contractual instruments.

e. Brief summary description of overall project performance approach / philosophy.

7. Project Approach (not to exceed five {5} pages):

a. Demonstrate a thorough understanding of the project descriptions, SOWs, and terms herein indicated and describe the processes your entity would deploy and/or require to so perform.

b. Describe how your team would likely coordinate the work internally, with CMVPA staff, and with other key stakeholders.

c. Identify the project approach(es) and method(s) for successfully (timely and acceptably) organizing, performing, and completing the work; coordination of teams and team-members, and describe issues that you consider significant in the planning, scheduling, and design processes.

i. The approach should focus on the TNC Lot EV Charging Infrastructure.

ii. CMVPA seeks a consultant team that can provide options and flexibility in construction scope, scheduling, and budgetary constraints that satisfies performance timeframes, at minimum.

8. Project Team and Professional Experience (not to exceed three {3} pages):

a. Discuss the professional experience of the Respondent and its team members, including any experience working at, with, and/or for CMVPA.

b. Describe unique complexities of past projects and successes at solving the associated challenges.

c. Discuss coordination methods among team members.

d. Discuss Respondent’s professional experience coordinating with other public agencies and stakeholders.

e. Identify projects similar to CMVPA’s intended project(s) upon which your team has worked.

i. Specific comparative projects which illustrate your experience may be provided in Appendix A.

ii. Specific professional references may be provided in Appendix B. References must include full contact information, including name, address, telephone number, e-mail address, and specific project or experience about which the individual is requested to refer.

9. Professional Awards, Distinctions, and/or Highlights not otherwise addressed that Respondent desires to include in their SOQ for CMVPA’s consideration (not to exceed two {2}) pages).

D. REQUESTS FOR INFORMATION (“RFI”)

1. Questions and/or clarification requests relative to this RFSQ will be received by the City on behalf of the CMVPA in accordance with the schedule herein published. Such inquiries shall be timely directed via electronic mail to the City’s Procurement Officer at: peter.hager@covingtonky.gov.

a. RFI inquiries will not be accepted by any other means of submittal.

b. The City and CMVPA, individually and collectively shall not be bound by any verbal interpretation(s) or clarification(s) of this RFSQ.

c. Interested parties are also duly apprised and cautioned that City policy prohibits communications with any official and/or representative other than the City’s procurement Officer regarding any competitive solicitation while it’s active.

i. Any failure to comply with this requirement may be grounds to reject response(s) from further consideration by the City and/or CMVPA.

2. The CMVPA shall respond to all RFI inquiries in accordance with the schedule herein published at the City’s procurement portal (https://covingtonky.bonfirehub.com) by (generically) publishing a general summary of the inquiry(ies) and the CMVPA’s specific responses thereto.

a. Upon publication, the CMVPA’s responses shall function as an

Addendum to this RFSQ with those responses incumbent upon all Respondents as incorporated by reference hereto.

E. ADDENDA

In any event that it becomes necessary to revise, change, modify, cancel or furnish any additional information regarding this RFSQ, it shall be performed via official Addendum / Addenda issued to all recipients of this RFSQ via publication at the City’s procurement portal (https://covingtonky.bonfirehub.com).

V. ANTICIPATED SCOPE(S) OF WORK (SERVICES) / GENERAL REQUIREMENTS

The SOWs for which interested parties are generally seeking to qualify to perform include but are not necessarily limited to the following, which shall remain subject to change prior to formal RFP solicitation. Selected RFP Respondent(s) (“Consultant” / “Contractor”) shall be prepared to provide the following design services for EV Charging Infrastructure on behalf of CMVPA:

A. Provide a preliminary evaluation and an options-based analysis for all elements of the project, including but not limited to:

1. Type of chargers based on funding availability.

2. Construction phasing.

3. Material(s) selection.

4. Construction cost and estimated total project costs.

mailto:peter.hager@covingtonky.gov

5. Operational impact(s).

B. Provide design drawings at 30%, 60%, 90%, and 100% (IFB) and technical specifications for all elements of the rehabilitation, including but not limited to:

1. EV Charging Infrastructure including EV chargers and foundations.

2. Electrical connections to existing CMVPA infrastructure.

3. Civil related plan sheets for the surrounding lots and topography.

4. Operationally focused phasing plans.

a. Utility Impacts.

b. CMVPA and other stakeholder review and coordination.

C. Provide detailed construction cost estimates and total project cost estimates at design milestones.

D. Provide a construction phasing plan and scheduling including, but not limited to:

1. List of all activities associated with construction which may have an impact on project completion, cost, maintaining existing operations (e.g. customer parking) at CMVPA and/or other critical factors.

2. Phasing recommendations based on the criticality of the condition and function of the pavement.

3. Recommendations for packaging of projects for bidding that focus on economy and operational impact.

E. Prepare all applicable permit applications on behalf of CMVPA including but not limited to

SD1 & PDS permitting and all other required building and related permits.

F. Plan, develop, coordinate, and administer Request For Information (RFI) and submittals review processes during the bidding and the construction processes.

1. At minimum, the selected Contractor(s) must be prepared to address the design and planning of the EV Chargers at the four (4) listed locations with other potential projects listed above in A.1.

a. The above is a list of potential projects, is not necessarily exhaustive, and is subject to change by CMVPA.

b. CMVPA reserves the right to issue individual procurement solicitations for the services related to projects listed in this RFSQ.

G. CMVPA anticipates that there will be five (5) phases for this project as follows:

1. Preliminary Phase: This phase involves those activities required for defining the scope of a project and establishing preliminary requirements, including but not limited to the following: feasibility, project phasing, procurement, perform necessary surveys, geotechnical investigations, field investigations, architectural/engineering studies for design considerations, grant administration assistance, and realistic cost estimates.

The goal of this phase will be to provide CMVPA with options that balance operational impact, construction schedule, cost, and design life.

a. Selected firm will be asked to prepare multiple rehabilitation options, schedules and costs, including lifecycle costs for the different options.

2. Design Phase: This phase includes all activities required to undertake and accomplish a full and complete project design consistent with FAA regulations and specifications, including but not limited to the following: attend and conduct design meetings with CMVPA and applicable stakeholders to obtain information and coordinate or resolve design issues, and prepare detailed plans and specifications, cost estimates, construction phasing and schedules.

a. A quality control program is required to be in place for the duration of the design and construction. The consulting team must provide its quality control program for approval prior to beginning the design. Quality control reports must be submitted with each milestone submittal.

b. Environmental Phase: Selected Respondent will provide CMVPA all applicable environmental project information for CMVPA to complete applicable environmental documents and coordination. At the option of CMVPA, selected Respondent may be asked to submit and coordinate the environmental documentation with the FAA and any other applicable agencies.

c. Design Review Phase: This phase includes all activities required to review and provide feedback on design firm’s design, including 60%, 90%, 100%, Phasing, and Constructability to assist in accomplishing a full and complete project consistent with Federal, State, Local, and other applicable regulations and specifications related to EV Charging Infrastructure, including but not limited to the following: attend design meetings with CMVPA and applicable stakeholders to obtain information and coordinate or resolve design issues, provide constructability and compliance reviews at set stages of the design, and reviewing project phasing and scheduling to ensure safe and efficient project completion.

3. Bidding Phase: This phase includes activities including assisting in answering requests for information (RFI’s) from prospective bidders, attend the pre-bid meeting, assist in preparing addendums, assist CMVPA and designer in evaluating the bids and providing a written recommendation regarding the award of the bid.

4. Construction Phase: This phase includes all basic services required after the award of a construction contract, including attending and conducting the pre-construction conference, review and approve Respondent submittals including shop drawings, inspect the work in progress for adherence to the project documents, prepare daily inspection reports, review Respondents’ pay requests recommending payment, track Disadvantage Business Enterprise participation, prepare change orders and/or supplemental agreements, conduct quality assurance testing, observe and review performance tests required by the specifications, conduct final inspections and prepare punch lists.

5. Close-out Phase: This phase includes the preparation of the final project report for all projects and preparation of final record drawings. Record drawing submittals must include electronic CAD and a .PDF formatted drawing sets.

VI. EVALUATION CRITERIA

SOQs will be reviewed, analyzed, and evaluated by a properly appointed, ad-hoc Evaluation Committee (“EC”), which will, in and subject to the exclusive judgment of properly appointed CMVPA officials, determine which, if any Respondent(s) is/are qualified or unqualified to perform the anticipated SOW’s expressed herein based upon Respondents’ relevant knowledge and experience in and with project components and elements described and the abilities to undertake, properly and timely complete the project SOW’s. Specific evaluation criteria include the following factors and weights:

CRITERIA POINTS

Qualifications, Experience, and Technical Competence of Prime Consultant 20

Qualifications, Experience, and Technical Competence of each Sub-Consultant 20

Key Personnel Qualifications and Experience 20 Project Approach Description 20 Apparent Capability and Capacity to Satisfy Project Schedule 15 Location – Proximity to and familiarity with the area in which the project is located 5

TOTAL POINTS 100

A. Following review of the SOQ submittals, CMVPA may request one or more Respondents to meet to clarify their response(s).

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VII. GENERAL PROVISIONS

It is necessary for Respondents to read all instructions herein contained to understand how to properly submit a SOQ, understand what must accompany the SOQ, and understand what the Respondent obligates themselves to/for by submitting the SOQ. Failure to carefully read and understand the instructions and RFSQ specifications may cause the SOQ to not be accepted and/or considered by the City, or potentially cause the Respondent to obligate itself more than it realizes.

A. Regulatory Compliance

Each SOQ shall comply with all Federal, State & Local regulations related to professional engineering services.

By submittal of a SOQ, Respondent 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 Consultant also agrees to notify the City in writing immediately upon detection of any unsafe and/or unhealthful working conditions at any City job site for the duration of any agreement ultimately resulting from this RFSQ.

Respondent agrees to indemnify, defend and hold the City harmless from all penalties, fines or other expenses arising out of the alleged violation of said laws.

B. Complete Response Failure to submit ALL forms and information required by this RFSQ in Respondent(s’) SOQ(s) may be grounds to disqualify SOQ response from consideration.

C. Liability The City is not responsible for any costs incurred in the preparation of SOQs. SOQs submitted in response to this RFSQ shall, upon submittal, become the exclusive property of the City. SOQs and related documentation submitted to the City in response to this RFSQ shall not be returned to the Respondent by the City.

D. Bribery Clause By its execution and submittal, Respondent certifies that no employee, agent or other party in any way affiliated and/or acting on behalf of and/or with Respondent has bribed or attempted to bribe an officer or employee of the City.

E. Ambiguity, Conflict or Errors in the RFSQ If an interested party discovers any ambiguity, conflict, discrepancy, omission or other error in the RFSQ, they shall immediately notify the City’s Procurement Officer of such error in writing and request adequate and appropriate modification or clarification.

F. Cancellation In the event that any response to this RFSQ ultimately results in an contractual award for the performance of services herein described and are not performed in an acceptable manner to the City, the City may cancel resulting contractual agreement for cause by the City’s provision of prior express notice to the Respondent at least thirty (30) days in advance of cancellation stipulating the reasons for same.

During that time period, the Respondent may seek to bring the performance of services thereunder to a level acceptable to the City, and the City may rescind the cancellation if such action is determined in the judgment of the proper officials to be in the City’s best interests.

G. Termination for Cause The City may terminate a contract because of the Respondent’s failure to perform its contractual duties.

If Respondent is determined by the City, in its sole discretion, to be in default, the City shall notify the Respondent of that determination in writing and may include a specified date by which Respondent shall cure the identified and specified deficiencies. The City may proceed with termination if the Respondent fails to completely and/or properly cure the deficiencies to the City’s satisfaction within the time allotted and specified for same. A default in performance by a Respondent for which a contract may be terminated shall include, but shall not necessarily be limited to:

1. Failure to perform the contract according to its terms, conditions and specifications.

2. Failure to make delivery within the time specified or according to a delivery schedule fixed by the contract.

3. The filing of a bankruptcy petition by or against the consultant; or

4. Actions that endanger the health, safety or welfare of the City or its citizens.

H. At Will Termination

Notwithstanding the above provisions, the City may terminate any contractual award resulting from this RFSQ at will and in accordance with the applicable law(s) upon provision of express notice of that intent at least thirty (30) days prior. Payment for services or goods received prior to termination shall be made by the City provided those goods or services were provided in a manner acceptable to the City. Payment for those goods and services shall not be unreasonably withheld.

I. Assignment of Contract The Respondent shall not assign or subcontract any portion of any Contract resulting from this RFSQ without the express written consent of the City. Any purported assignment or subcontract in violation hereof shall be void. It is expressly acknowledged that the City shall never be required or obligated to consent to any request for assignment or subcontract; and further that such refusal to consent can be for any or no reason, fully within the sole discretion of the City.

J. No Waiver No failure or delay by the City 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 the City in exercising any right, remedy, power or privilege under or in respect of this Contract shall affect the rights, remedies, powers or privileges of the City hereunder or shall operate as a waiver thereof.

K. Authority to Conduct Business The Respondent must be duly organized and authorized to do business under the laws of Kentucky. Respondent must be in good standing and have full legal capacity to provide the services specified under any Contract resulting from this RFSQ. The Respondent must have all necessary right and lawful authority to enter into resulting Contract for the full term thereof and all times retain the onus to assure that proper corporate or other action has been duly taken authorizing the Respondent to enter into such Contract. The Respondent will provide the City with a copy of a corporate resolution authorizing this action and a letter from an licensed attorney at law confirming that the Respondent is authorized to do business in the State of Kentucky if and as requested by the City. All SOQs must be signed by a duly authorized officer, agent or employee of the Respondent.

L. Governing Law Any Contractual Agreement in any way resulting from this RFSQ shall be governed by and construed in accordance with the laws of the State of Kentucky. In the event of any proceedings regarding this Agreement, the Parties agree that the venue shall be the state courts of Kentucky or the U.S. District Court for the Western District of Kentucky, Louisville Division. All parties expressly consent to personal jurisdiction and venue in such Court for the limited and sole purpose of proceedings relating to such Agreement or any rights or obligations arising thereunder. Service of process may be accomplished by following the procedures prescribed by law.

M. Ability to Meet Obligations Respondent affirmatively states that there are no actions, suits or proceedings of any kind pending against it or, to the knowledge of the Respondent, threatened against it before or by any Court, governmental body, entity, agency, or other tribunal or authority which would, if adversely determined, have a materially adverse effect on the authority or ability of Respondent to perform its obligations under any resulting Contractual Agreement, or which could in any way question the legality, validity or enforceability hereof or thereof.

N. Compliance With and Violations of Kentucky Laws The Respondent shall reveal any final determination(s) of any violation(s) by the Respondent or sub- contracted entity within the previous five (5) year period pursuant to KRS Chapters 136, 139, 141, 337, 338, 341, and 342 that apply to the Respondent or its sub-contractors. The Respondent shall be and remain in continuous compliance with the provisions of KRS Chapters 136, 139, 141, 337, 338, 341 and 342 as applicable to the Respondent or sub-contracted entity/ies for the duration of the contract in any way resulting from this RFSQ.

O. Hold Harmless, Indemnification Clause, And Insurance Requirements Respondent agrees to indemnify, hold harmless, and defend the City, its elected and appointed officials, employees, agents and successors in interest from all claims, damages, losses and expenses including attorneys' fees, arising out of or resulting, directly or indirectly, from the Respondent’s (or Respondents sub-contracted entity/ies, if any) performance or breach of any Contractual Agreement that may in any way result from this RFSQ provided that such claim, damage, loss, or expense is (1) attributable to personal injury, bodily injury, sickness, death, or to injury to or destruction of property, including the loss of use resulting therefrom, or from negligent acts, errors or omissions and (2) not caused by the negligent act or omission or willful misconduct of the City or its elected and appointed officials and employees acting within the scope of their employment. This Hold Harmless and Indemnification Clause shall in no way be limited by any financial responsibility or insurance requirements and shall survive the termination of any such Contract.

P. Insurance Requirements Prior to work commencement, Respondent shall obtain at its own cost and expense the following types of insurance through insurance companies licensed in the State of Kentucky. Insurance written by non-admitted carriers may also be considered acceptable, in accordance with Kentucky Insurance Law (KRS 304.10- 040). Workers' Compensation written through qualified group self-insurance programs in accordance with Kentucky Revised Statutes (KRS 342.350) may also be acceptable. The Respondent shall not commence work under any Contract in any way resulting from this RFSQ until all insurance required under the Contract Agreement has been obtained and until copies of policies or certificates thereof are submitted to and approved by the City’s Procurement Office, designee, or other collaborative resource(s) to which such authority is properly delegated. The Respondent shall not allow any sub-contracted entity to commence work until the insurance required of such sub-contracted entity has been obtained, copies of Certificates of Insurance retained by Consultant evidencing proof of coverages, and the City’s review and approval of such risk financing arrangements.

Without limiting Respondent’s indemnification requirements, it shall be agreed that Respondent shall maintain in force at all times during the performance of any Contractual Agreement in any way resulting from this RFSQ the following policy or policies of Insurance covering its operations, and require sub-contracted entity/ies, if authorized, to procure and maintain these same types and scopes of policies. The City may require Respondent to supply proof of sub-Contractor’s(s’) Insurance via Certificates of Insurance, or at the City’s option, actual copies of policies.

1. The following, or substantially similar clause regarding Comprehensive General Liability

Insurance Policies shall be included in any Contractual Agreement(s) that may in any way result from this RFSQ between the City and Respondent and, if applicable, between the Respondent and any entity sub-contracted by it to perform its Agreement with the City:

The City of Covington, its elected and appointed officials, employees, agents and successors are included as an "Additional Named Insured" respecting the operations of the Named Insured performed relative to the contract.

2. The insurance to be procured and maintained in full force and effect for the duration of any Contractual Agreement in any way resulting from this RFSQ with minimum Limits of Liability shall be as follows, unless otherwise subsequently agreed and approved by the proper City officials:

a. Commercial General Liability, Occurrence Form:

i. $1,000,000 Combined Single Limit for any one (1) occurrence;

ii. $2,000,000 Aggregate for Bodily Injury, Personal Injury, and Broad Form Property Damage, including:

(A) Premises – Operations Coverage.

(B) Completed Operations.

(C) Contractual Liability.

(D) Independent Consultant’s Protective Liability.

b. Automotive Liability insuring all Owned, Non-Owned and Hired Motor Vehicles. The minimum coverage Liability Limit is:

i. $1,000,000 Combined Single Limit for any one accident.

ii. The Limit of Liability may be subject to increase according to any applicable State or Federal Transportation or other applicable Regulations.

c. Workers’ Compensation Coverage fully compliant with the Commonwealth of

Kentucky’s requirements for Worker’s Compensation Insurance, KRS Chapter 342.

Should Respondent receive an award of contract and enter into an agreement with the City, Respondent confirms their ongoing compliance with KRS Chapter 342, inclusive of any amendments thereto, throughout the lifetime of its agreement with the City.

d. Professional Liability (Errors and Omissions Liability) Insurance coverage, which shall include:

i. Minimum Liability Limit of $1,000,000 for each Wrongful Act.

ii. In the event that the Respondent’s policy is written on a "Claims Made" Form, Respondent shall, after work has been completed, furnish evidence that the liability coverage has been maintained for at least one year after completion of work, either by submitting renewal policies with a Retroactive Date of not later than the date work commenced under any such contract, or by evidence that Respondent has purchased an Extended Reporting Period Endorsement that will apply to any and all claims arising from work performed under such contractual obligation.

3. Policies of Insurance shall be underwritten by insurance company/ies with an A. M. Best rating of no less than “B+ VI.” The City may, at its sole discretion, consider and agree to alternate arrangements based upon Respondent furnishing adequate and appropriate financial information that assures essentially equivalent or better security of its best interests.

4. Respondent shall procure and maintain insurance policies as described herein and for which the City shall be furnished Certificates of Insurance upon the execution of any Contractual Agreement in any way resulting from this RFSQ. Insurance Certificates shall include provisions that the policies may not be cancelled without the City’s having been provided at least thirty (30) days’ prior written notice. Insurance Certificates shall identify the Contract to which they’re applicable and shall include the name and address of the person executing the Certificate of Insurance as well as the person's signature. If policies expire before the completion of the Contract, renewal Certificates of Insurance shall be furnished to the City at least thirty (30) days prior to the expiration date.

5. Above required Insurance Certificates shall be furnished to the below specified address, as called for and no later than five (5) days after Respondent is notified of Contractual award by:

The City of Covington Attn: City Solicitor 20 W Pike Street

Covington, KY USA 41011

6. Respondent agrees that it shall not materially alter any policies of Insurance coverage in force and relied upon by the City in determining and executing Contractual award – this includes and specifically applies to not reducing any Insurance policy coverage limits, forms and/or types of coverage.

7. The City’s acceptance and/or approval of Insurance coverage shall not in any way relieve or decrease the liability of Respondent hereunder. It is expressly articulated and understood that the City does not in any way represent that the specified Limits of Liability or coverage or policy forms are adequate or sufficient to protect the best interests or liabilities of Respondent.

Peter Hager Re-worked/revised this section a bit (FYI)

Attachment A

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STATEMENT OF QUALIFICATIONS COVER PAGE

1. By completing and executing this instrument, you are acknowledging acceptance of and agreement with all of the City’s Terms & Conditions that are a part of this Request For Supplier Qualifications.

2. Include this page with your SOQ response to this RFSQ.

3. SOQ response to this RFSQ shall be separately developed instrument, which shall accompany this completed page.

SUBMITTED BY:

Respondent: ________________________________________________ (Name of Responding Entity)

Mailing Address: ________________________________________________ (Corporate Street Mailing Address)

Fed ID No.: ________________________________________________ (Respondent’s Federal Identification Number)

By: ________________________________________________ (Name of Duly Authorized Representative)

Title: ________________________________________________ (Authorized Representative’s Title) e-Mail Address: ________________________________________________ (Authorized Representative’s e-Mail Address)

Telephone Number(s): ________________________________________________ (Primary Office and Alternate Phone Numbers With Area Code{s})

Date: ________________________________________________ (Date This Instrument Was Executed)

Remainder of page intentionally blank

Attachment A

(Page2 of 2)

Acknowledgments: [ ] Respondent acknowledges that it may be required to be or become a registered vendor in the Federal System of Award Management (“SAM”), online registration for which is available at http://www.SAM.gov.

[ ] Non-collusion Statement: By my signature below, I, individually and as an agent for Respondent tendering this Statement of Qualifications, certify that neither I, nor the business entity for which I am an agent, nor any other agent for that entity, have entered into any agreement, participated in any collusion, or otherwise taken any action, in restraint of free competitive bidding in connection with this submitted SOQ. I understand that failure to submit this statement as part of the submitted documents in response to this solicitation shall render this submittal nonresponsive and, therefore, ineligible for the City’s consideration.

(Respondent Representative’s Signature) (Print Respondent Representative’s Title)

(Print Respondent Representative’s Name) (Date of Execution)

Include a Copy of Respondent’s W-9 With Submitted SOQ. Contractual Agreements Cannot Be Awarded Until This Information Is Submitted.

http://www.sam.gov/

Attachment B

(Page 1 of 2)

Accident Waiver and Release of Liability

This is an Accident Waiver and Release of Liability agreement between the City of Covington, Kentucky, (hereafter Covington) and (hereafter Interested Party).

Interested Party wishes to enter the following City of Covington owned properties for measurements, photographs, inspections (hereafter the "Activity"). The structures are at locations disclosed in the City’s RFSQ260402 within Covington, KY (hereafter the “Buildings”).

Covington has agreed to accommodate Interested Party and allow him, her, or them to enter the Buildings in order that the Activity may be undertaken. For adequate consideration, receipt of which is hereby acknowledged, Covington and the undersigned hereby agree as follows:

Interested Party and its employees, agents, subcontractors and any and all persons retained by or associated with Interested Party that will perform the above services related to the Activity agree to ASSUME ALL OF THE RISKS OF PARTICIPATING IN THIS ACTIVITY, including but not limited to any risks that may arise from negligence or carelessness on the part of those being released (Covington, its departments, employees, agents, firemen, administrators, mayor, city commissioners, and any other persons affiliated with or employed by Covington) from dangerous or defective equipment or property owned, maintained or controlled by Covington, or because of its possible liability without fault.

Covington and the undersigned hereby certify that anyone engaging in the above Activity is physically fit, has sufficiently prepared or trained for participation in the Activity,…