Architectural_&_Engineering_Services_and_Transit_Planning_Services_(Addendum_#1_Revision).pdf

REQUEST FOR PROPOSAL

2024-11

ARCHITECTURAL & ENGINEERING SERVICES AND TRANSIT

PLANNING SERVICES

Lextran

200 West Loudon Avenue

Lexington, KY 40508

RELEASE DATE: August 16, 2024

DEADLINE FOR QUESTIONS: September 13, 2024

RESPONSE DEADLINE: October 22, 2024, 3:00 pm

RESPONSES MUST BE SUBMITTED ELECTRONICALLY TO:

https://secure.procurenow.com/portal/lextran https://secure.procurenow.com/portal/%7bproject.government.code%7d

Lextran

REQUEST FOR PROPOSAL

Architectural & Engineering Services and Transit Planning Services

I. INTRODUCTION

II. SCOPE OF SERVICES

III. COST

IV. GENERAL TERMS AND CONDITIONS

V. PROPOSAL CONTENT AND SUBMISSION REQUIREMENTS

VI. EVALUATION PHASES

VII. STATE AND FEDERAL PROVISIONS

VIII. VENDOR QUESTIONNAIRE

Attachments:

A - FINANCIAL CAPACITY FORM

B - CERTIFICATION OF RESTRICTIONS ON LOBBYING

C - CERTIFICATION OF CONTRACTOR REGARDING DEBARMENT, SUSPENSION, AND

OTHER INELIGIBILITY AND VOLUNTARY EXCLUSION

D - NON-COLLUSION AFFIDAVIT

E - CERTIFICATE OF PROCUREMENT INTEGRITY

F - AFFIDAVIT OF COMPLIANCE - DISADVANTAGED BUSINESS ENTERPRISE

Request For Proposal #2024-11 Title: Architectural & Engineering Services and Transit Planning Services

1. INTRODUCTION

1.1. Summary

The Transit Authority of Lexington-Fayette Urban County Government, herein referred to as Lextran is issuing this Request for Qualifications (RFQ) to award a competitive contract to a firm for Architecture &

Engineering, and Transit Planning services.

Title: Architectural & Engineering Services and Transit Planning Services

Reference Number: 2024-11

Proposals for Furnishing the Product(s) / Service(s) Described Herein Will Be Received Until:

3:00 pm eastern time on Tuesday, October 22, 2024

Proposals received after the time specified may not be considered for award.

Proposals shall be submitted online via Lextran's eProcurement Portal

If you have any questions on this project, please submit your questions via Q&A section on Lextran's eProcurement Portal. All questions, requests for clarification or comments concerning this RFQ are due from proposers by end of day on Friday, September 13, 2024. Lextran’s response to questions will be provided as responses within the Q&A tab. For questions that require additional documentation or a change to the RFQ document itself, Lextran will publish an addendum. Lextran intends to respond to questions as they come in, and responses will be provided no later than the question response date.

Lextran may reject any submissions that are incomplete or non-responsive or submitted after the deadline. Lextran reserves the right to cancel or reissue this RFQ, or to reject, in whole or in part, any and all submissions received in response to this RFQ should Lextran determine that the responses received are unsatisfactory or that such cancellation or rejection is in the best interest of Lextran.

Lextran further reserves the right to waive any minor technical deficiency or irregularity in a submission package. The determination of the selection criteria and the process for evaluating the proposal shall be in the sole and absolute discretion of Lextran. Lextran also reserves the right to require of each/any

Proposer, information regarding financial responsibility and viability or such other information as

Lextran determines is necessary to ascertain whether a proposal is in fact a responsible proposal.

EVALUATION & AWARD PROCESS FOR REQUEST FOR QUALIFICATIONS SOLICITATIONS

The evaluation team may elect to interview those proposers in the competitive range in order to clarify their proposal or to give a more in-depth explanation of their capabilities. The Authority reserves the right to an additional evaluation stage for any interviews conducted. Such an additional evaluation stage will contain separate criteria and an additional point value that will be averaged with the points awarded for technical proposals.

The Lextran Evaluation Committee will rank the finalists in order of most qualified based on total evaluation scores. Following the selection of the top-ranking finalists, the first-ranked finalist’s price proposal, via a rate schedule, will be requested and negotiations conducted. If Lextran and the finalist come to an agreement on a rate schedule that is determined to be fair and reasonable, a contract will be recommended for award.

https://procurement.opengov.com/portal/lextran

If Lextran and the first-ranked finalist are unable to negotiate a satisfactory contract, negotiations will be formally terminated. A price proposal will then be requested from the second-ranked Proposer and negotiations shall be conducted. This process will be repeated until and if a satisfactory contract can be negotiated.

It is Lextran’s desire to contract with firms that can provide the expertise, quality, experience, and resources to effectively provide the services required. Lextran reserves the right to contract with additional firms as necessary to ensure each individual project is contracted with a firm that is most advantageous to Lextran.

The negotiated contract recommendation(s) will then be presented to the Lextran Board of Directors for approval.

1.2. Background

Lextran, the Transit Authority of Lexington-Fayette Urban County Government, was established as it is known today in 1973 by the Commonwealth of Kentucky as a Mass Transportation Authority. Our mission “We serve people and our community with mobility solutions” is accomplished by focusing on three key pillars: Deliver high quality product and service, demonstrate value to the community, and

Manage and sustain resources.

Lextran provides 3.7 million trips annually with service to residents and visitors of Lexington-Fayette

County on 25 fixed routes, and county-wide paratransit seven days a week, 365 days a year. With an annual combined operating and capital budget of $37.6 million, Lextran operates from a LEED certified headquarters employing over 200 team members with a 118-vehicle fleet for both fixed route and paratransit, including compressed natural gas, zero emission battery electric, diesel and gasoline powered vehicles.

1.3. Contact Information

All questions related to this solicitation must be submitted in the Question and Answer section of

OpenGov.

No person or entity submitting a proposal in response to this RFP, nor any officer, employee, agent, representative, relative or consultant representing such a person (or entity) may contact through any means or engage in any discussion concerning the award of this contract with any member of the

Lextran Board of Directors or any employee of Lextran during the period beginning on the date of proposal issue and ending on the date of selection of the Contractor. Any such contact would be grounds for disqualification of the proposer. Contact with Lextran Procurement Department staff must be limited to site visits and technical questions.

Deanna Istre

Purchasing Manager

200 W Loudon Ave

Lexington, KY 40508

Email: distre@lextran.com

Phone: (859) 244-2023 mailto:distre@lextran.com tel:(859)244-2023

Department:

Planning

1.4. Timeline

This solicitation timeline is subject to change. Any changes made to this solicitation will be published in the form of an Addendum.

Release Project Date August 16, 2024

Pre-Proposal Meeting (Non-Mandatory) August 29, 2024, 1:30pm

Agenda

Lextran – Zoom https://us02web.zoom.us/j/85626452738?pwd=aE

J2zwdPNpl3hAKOcWuzWXlrV4BApB.1

Meeting ID: 856 2645 2738

Passcode: 946944

Join by Phone: 1(312)535-8110

Question Submission Deadline September 13, 2024, 11:30pm

Response to Questions September 26, 2024

Proposal Submission Deadline October 22, 2024, 3:00pm

Interviews November 13, 2024

Pricing Negotiations Begin with Firm

Ranked Most Qualified

November 25, 2024, 10:00am

Contractor Award Date December 18, 2024 https://government-project.s3.amazonaws.com/89025/cd58bacc-a5aa-4434-9606-b3cf185d8b0e_Preproposal_Conference_Agenda_RFQ_2024-11.pdf https://us02web.zoom.us/j/85626452738?pwd=aEJ2zwdPNpl3hAKOcWuzWXlrV4BApB.1 https://us02web.zoom.us/j/85626452738?pwd=aEJ2zwdPNpl3hAKOcWuzWXlrV4BApB.1

2. SCOPE OF SERVICES

2.1. GENERAL SCOPE OF WORK

Lextran is issuing this Request for Qualifications (RFQ) to award an “on-call” contract or contracts for general architectural and engineering (A&E) services and transit planning services. As part of Lextran’s capital improvement process, our facilities—including our headquarters at 200 W. Loudon Ave, the

Transit Center at 150 E. Vine St, and on-route facilities throughout the system—are in need of on-going or project-based improvements. The overall intent is to refurbish, improve operating efficiency, or implement new technologies. Lextran desires to contract with a Professional Architectural, Engineering and Planning firm or firms to provide comprehensive professional services in all required disciplines of planning, architectural, civil, structural engineering; electrical and mechanical engineering;

environmental engineering; plat preparation, right-of-way research, and project and construction services for the aforementioned facilities as funding becomes available.

This RFQ contains a list of projects Lextran reasonably expects to be awarded during the contract term.

Work will be assigned to the successful proposer(s) based upon a review committee’s recommendation for the most qualified firm(s). Proposers should submit their specific qualifications for those projects which they feel they are best qualified to undertake.

The selected contractor or contractors shall perform a number of tasks on behalf of Lextran, including, but not limited to, the following as may be appropriate for each engagement:

• Strategic planning and project development

• Design and engineering of development documents o Architectural design and documentation o Structural design and documentation o Mechanical design and documentation o Electrical design and documentation o Civil design and documentation o Landscape design and documentation o Interior design and documentation

• Specification writing

• Estimating and budgeting

• Researching right-of-way issues

• Permitting

• Project/construction management

• Project/construction inspections

• Ensure compliance with all regulatory requirements of any local, state, or Federal agency, especially all requirements of the Americans with Disabilities Act (ADA)

• Creation of project schedules

• Value engineering

• Economic feasibility studies

• Site development services o Site development planning o Site utilization studies o Site feasibility analysis o Environmental studies and reports o Zoning and platting assistance o Geotechnical engineering o Site surveying o Metes and bounds survey

• Procurement assistance o Compiling independent cost estimates o Writing scopes of work/project specifications o Reviewing proposals for compliance to technical criteria o Analysis of alternates and substitutions o Assistance in evaluating proposals o Interviewing of proposers with Lextran staff

• Contract administration o Project oversight o Consult with Lextran when issues arise o Coordinate between all parties o Provide cost estimates for change orders o Review change orders for legitimacy, consistency, and determination of fair and reasonable price o Review of any construction drawings o Attend meetings as needed o Review reports as needed o Perform inspections o Review invoices for appropriateness and adherence to all contract terms o Maintain files and documents as needed o Act as Lextran’s advocate on the project.

2.2. LOCATION OF PROPOSER

Proposers shall indicate if they have a physical presence in Kentucky. Proposers shall demonstrate a knowledge and familiarity with Kentucky and specifically with Fayette County or demonstrate technical capacity to develop successful long-term partnerships with similar communities (pop. 300k / R1

University) in the United States where proposer did not have previous nearby relationships.

Proposers should be aware that the FTA allows for geographic preference in regard to the selection of contracted firms for A & E services. Lextran may take this preference into account depending on the firm's experience and specialization.

2.3. LIST OF PROJECTS

The following projects are a representative list of Lextran’s facility improvement goals. This list is presented for informational purposes only. There is no guarantee that every project on this list will occur during the term of any contracts awarded as a result of this RFQ. Additional projects not on this list may also be awarded during the term of any contracts awarded as a result of this RFQ. The selected

Consultant will become familiar with the exiting state of repair and facility needs for all of Lextran’s facilities and will work with staff to identify priorities.

The following are broken into anticipated projects. Individual project budgets and a refined scope of work will be developed for each.

A. Strategic Plan Development

Vision and Direction: Establish Lextran's future goals, leadership priorities, and organizational objectives to guide decision-making and growth.

• Define the roles and responsibilities of the board and leadership to ensure strong governance and oversight.

• Set strategic goals focused on enhancing service quality, expanding coverage, increasing ridership, and adopting green initiatives like electric buses.

• Establish measurable objectives and key performance indicators (KPIs) to track progress and impact.

• Create an action plan with timelines and resource allocations for achieving strategic goals, including service improvements and infrastructure upgrades.

• Align financial planning with strategic initiatives by identifying funding sources, including federal and state grants, partnerships, and internal budgeting strategies.

B. Transit Asset Management (TAM) Plan

FTA Requirement: Ensure compliance with the FTA’s TAM plan to maintain assets in a state of good repair.

• Inventory of assets, including buses, paratransit vehicles, facilities, and equipment.

• Condition assessment and prioritization of investments based on performance.

• Risk management strategies for asset failures.

• Long-term financial and operational planning for maintenance and upgrades.

C. Public Transportation Agency Safety Plan (PTASP)

FTA Requirement: Required for transit agencies to implement safety management systems (SMS) to improve overall safety.

• Development of SMS, including safety policies and risk management.

• Hazard identification and risk assessment.

• Safety training programs for staff and operators.

• Monitoring and communication processes for safety incidents and reporting.

D. Title VI Program Plan

FTA Requirement: Ensure services are equitably distributed and not discriminatory based on race, color, or national origin.

• Public outreach strategies to engage minority and low-income populations.

• Service equity analysis for route changes or fare adjustments.

• Language assistance for limited English proficiency (LEP) populations.

• Title VI complaint processes and compliance reporting.

E. Disadvantaged Business Enterprise (DBE) Program Plan

FTA Requirement: Develop a DBE program to ensure participation of minority- and women-owned businesses.

• Set DBE participation goals and strategies for federally funded projects.

• Reporting and monitoring of DBE involvement in contracts.

• Outreach and assistance for DBE firms to participate in procurements.

F. Americans with Disabilities Act (ADA) Compliance Plan

FTA Requirement: Ensure accessibility in all services, especially paratransit, in compliance with ADA.

• Review and update of paratransit services for ADA compliance (e.g., eligibility, scheduling).

• Design and modernization of accessible bus stops, shelters, and vehicles.

• Public communication in accessible formats for all riders.

• Evaluation of accessibility in all facilities and vehicles.

G. Environmental and Sustainability Plan

FTA Requirement: Address environmental impacts in compliance with the National Environmental Policy

Act (NEPA).

• Environmental Impact Assessments (EIA) for new construction or service changes.

• Sustainability planning, including fleet electrification and energy-efficient transit hubs.

• Design and implementation of green infrastructure at transit facilities.

• Mitigation strategies for environmental impacts.

H. Comprehensive Operational Analysis (COA)

FTA Recommendation: Conduct a thorough analysis to improve operational efficiency.

• Analyze ridership data, service performance, and travel patterns.

• Review bus and paratransit route coverage and service frequency.

• Recommendations for service adjustments or expansions.

• Optimization of fleet use and scheduling.

I. Paratransit Plan (Complementary ADA Paratransit Services)

FTA Requirement: Required for fixed-route transit systems to provide ADA-compliant paratransit services.

• Evaluate paratransit operations, focusing on eligibility, scheduling, and service efficiency.

• Ensure vehicles and operations meet ADA requirements.

• Integration of paratransit with fixed-route services.

• Use of technology for dynamic routing and real-time updates.

J. Zero-Emission Transition Plan

FTA Program: Required plan to request electric vehicles through the FTA’s Low or No Emission Vehicle

Program (Low-No) for fleet modernization.

• Develop a fleet transition plan to electric or low-emission buses.

• Design and plan electric vehicle charging infrastructure.

• Staff training for EV maintenance and operation.

• Grant application support for federal Low-No funding.

K. Bus Rapid Transit (BRT) Feasibility

FTA Program Support: Assess BRT systems as part of the transit infrastructure improvement.

• Conduct a feasibility study for introducing or expanding BRT corridors.

• Evaluate station locations, lane configurations, and associated infrastructure.

• Analyze costs, benefits, and environmental impacts.

• Integration of BRT with existing transit systems.

L. Electric Bus Charging Infrastructure

FTA Sustainability Focus: Support electrification through properly planned charging systems.

• Design charging stations for both depots and on-route charging.

• Coordinate with utility companies for grid integration.

• Plan for operational adjustments during charging times.

• Assess future scalability for fleet expansion.

M. Traffic and Signal Priority Design

Transit Efficiency: Improve bus travel times by reducing delays caused by traffic.

• Design bus lanes, queue jumps, and signal priority systems for bus routes.

• Conduct traffic studies to optimize signal timing for buses.

• Evaluate potential impacts on general traffic and pedestrian movement.

N. Stakeholder Engagement and Public Involvement

FTA Requirement: Ensure public and stakeholder engagement in planning and implementation, particularly underserved and disadvantaged communities, ensuring their input is included in the planning process.

• Develop public outreach strategies to involve local communities in project planning.

• Coordinate with transit operators, local governments, and advocacy groups.

• Host public meetings, surveys, and focus groups to gather input.

• Incorporate feedback into final project designs and reports.

O. Intelligent Transportation Systems (ITS) Integration

Innovation in Transit: Utilize technology to improve bus and paratransit operations.

• Implement real-time tracking, scheduling, and communication systems.

• Integrate smart technologies in bus stops for improved rider information.

• Use ITS to optimize paratransit scheduling and dynamic routing.

2.4. TASK ORDERS

Issuance of Task Orders

As projects under this procurement are approved, Lextran shall issue a task order. The full scope of work for the project will be transmitted to the Contractor(s) procured through this RFQ The Contractor(s) shall have ten (10) working days to submit a proposal in response to the task order. That proposal shall include a listing of the personnel proposed for the task order. If any personnel are proposed that were not listed in the consultant’s response to this RFQ, the new proposal must also include information on the educational background of those new personnel, including all qualifications, certifications, and experience as relevant to the project. The Contractor(s) shall detail their approach to the specific task order, the hours by discipline expected to complete the work, and a total not-to-exceed amount for that task order. The price proposal should be based on the appropriate level of service required to complete the task order utilizing the negotiated rates established for the contract.

Lextran and the Contractor(s) will review the proposal to ensure there is agreement on the approach and hours needed. Lextran reserves the right to negotiate hours, staffing, and other service requirements before issuance of each task order. Once a final agreement is executed, Lextran will issue a notice to proceed for the task order.

Lextran is under no obligation to issue any task orders, and no payments shall be made to any

Contractor(s) except for task order duly performed under this process. The terms and conditions of each task order, including the schedule and any reporting requirements related to the task order, shall be on a per project basis, the details of which will be contained in the task order.

Changes to the Scope of a Task Order

Lextran shall have the right to reduce the scope of a task order (providing that the overall scope of work is not altered) at any time and for any reason, upon written notice to the Contractor, specifying the nature and extent of such reduction. In such event, the Contractor shall be fully compensated for work already performed under the task order prior to the receipt of the written notification of reduction.

If during the performance of a task order a cost overrun shall be unavoidable, the Contractor must contact the Lextran personnel assigned responsibility for the task order in writing to acknowledge the possible revision immediately. The Contractor must identify the specific nature of the cost overrun and its cause. Lextran shall negotiate a change order for any such changes, and the Contractor shall not be eligible for payment for any overruns not agreed to by Lextran via such change order.

2.5. DESIGN ERRORS OR DEFICIENCIES

If the Contractor’s designs, drawings, or specifications contain errors or deficiencies, the Contractor agrees to and shall correct said designs, drawings, or specifications at its sole cost and expense with no price increase to Lextran.

Architect-engineer contractors are responsible for the professional quality, technical accuracy, and coordination of all services required under their contracts. A firm may be liable for Government costs resulting from errors or deficiencies in designs furnished under its contract.

As stated in the FAR 36.609-2:

(a) The Contractor shall be responsible for the professional quality, technical accuracy, and the coordination of all designs, drawings, specifications, and other services furnished by the Contractor under this contract. The Contractor shall, without additional compensation, correct or revise any errors or deficiencies in its designs, drawings, specifications, and other services.

(b) Neither the Government’s review, approval or acceptance of, nor payment for, the services required under this contract shall be construed to operate as a waiver of any rights under this contract or of any cause of action arising out of the performance of this contract, and the Contractor shall be and remain liable to the Government in accordance with applicable law for all damages to the Government caused by the Contractor’s negligent performance of any of the services furnished under this contract.

(c) The rights and remedies of the Government provided for under this contract are in addition to any other rights and remedies provided by law.

(d) If the Contractor is comprised of more than one legal entity, each such entity shall be jointly and severally liable hereunder.

3. COST

3.1. COST

PROPOSERS SHALL NOT INCLUDE PRICING AS PART OF THE INITIAL TECHNICAL PROPOSAL. PRICING

WILL BE REQUESTED AT A LATER STAGE PENDING REVIEW OF ALL PROPOSERS QUALIFICATIONS.

Failure to comply with the above requirement may result in proposals being deemed non-responsive.

PRICE NEGOTIATION PROCESS

The Lextran Evaluation Committee will rank the finalists in order of preference based on final evaluation scores. Following the selection of the top-ranking finalists, the first-ranked finalist’s price proposal, via a rate schedule, will be requested and negotiations conducted. If Lextran and the finalist come to an agreement on a rate schedule that is determined to be fair and reasonable, a contract will be recommended for award.

If Lextran and the first-ranked finalist are unable to negotiate a satisfactory contract, negotiations will be formally terminated. A price proposal will then be requested from the second-ranked Proposer and negotiations shall be conducted. This process will be repeated until and if a satisfactory contract can be negotiated.

It is Lextran’s desire to contract with firms that can provide the expertise, quality, experience, and resources to effectively provide the services required. Lextran reserves the right to contract with additional firms as necessary to ensure each individual project is contracted with a firm that is most advantageous to Lextran.

The negotiated contract recommendation(s) will then be presented to the Lextran Board of Directors for approval.

RATE SHEET AND PRICE CHANGE PROCEDURE

It is preferred that vendors provide a rate sheet for each year of the contract term. This will reduce the likelihood of change orders due to rate increases.

Any proposed rate increases or decreases not accounted for in the initial yearly rates provided must be presented to Lextran in writing no more than once per contract term renewal. All price change requests must include market research data justifying the cost alteration. All price changes must be approved by

Lextran in the form of a change order prior to any invoice changes.

FTA regulation requires that all price escalation must not exceed twenty percent (20%) of the original contract cost. This requirement is applicable to the entire contract term.

PAYMENT PROCESS

Lextran will not pay for any work performed as part of any contracts awarded as a result of this RFQ until it has received and accepted each deliverable.

Lextran and the awarded contractor(s) will establish invoice structure upon contract award.

COST ANALYSIS DOCUMENTATION

Lextran is required to complete either a price or cost analysis to ensure fair and reasonable pricing for all contracts it executes. Due to the nature of this solicitation, there will not be price submissions from multiple vendors, therefore a price comparison for a price analysis will not be possible.

Due to this, Lextran will require the successful proposer to supply all necessary information needed to complete a cost analysis, including the anticipated overhead rate, profit margin, and anticipated price escalation. All proposers must be prepared to supply this data as the cost analysis documentation is federally mandated, and a contract cannot be entered without it.

4. GENERAL TERMS AND CONDITIONS

4.1. GENERAL TERMS AND CONDITIONS

It is the intent of the Authority for the contract period to begin upon the complete execution of the contract documents (upon final signature of contract).

In case of breach of duties or default, Lextran may, with good cause, terminate the contract upon thirty

(30) days written notice prior to termination.

Lextran may terminate the contract at anytime upon sixty (60) days written notice prior to termination.

Terms of payment will be thirty (30) days after receipt of invoice. Lextran will not pay for a service until it has been performed or a good until it has been received. Lextran is tax exempt and will provide

Certificate of Exemption to the awarded firm.

The term of any contract awarded as a result of this RFQ shall be for 2 years with 3 additional options

(for 1 year each), for a total of 5 possible contract years.

Any changes to the term or fees of the contract must be approved by Lextran in the form of a change order.

Lextran reserves the right to require of each/any Proposer, information regarding financial responsibility and viability or such other information as Lextran determines is necessary to ascertain whether a proposal is in fact a responsible proposal.

Proposers should note that the successful vendor must show no exclusions reported in SAM.GOV in order to be officially awarded any contract funded by federal dollars.

4.2. INDEFINITE QUANTITIES CONTRACT

It is specifically understood that this RFQ will lead to the award of an “indefinite quantities” contract and work to be performed hereunder may be assigned by Lextran, in its sole discretion, by documents referred to herein as “Task Orders”. It is further understood that this will be a non-exclusive contract, and that Lextran is under no obligation to assign all applicable tasks or work to the Contractor.

It is Lextran’s desire to contract with a firm or firms that can provide the expertise, quality, experience, and resources to effectively provide the services required. Lextran reserves the right to contract with additional firms as necessary to ensure each individual task order is contracted with a firm that is most advantageous to Lextran.

4.3. IN PROGRESS WORKS

Given the nature of an "on-call" services contract, there may be projects that are in progress in which the Authority and current contractor have invested numerous hours of labor and plans are already developed. In the interest of ensuring timely project completion and avoiding unnecessary reproduction of design specifications and doubling costs, it is the intention of the Authority that any and all projects that are in-progress at the time of contract termination shall remain under the purview of the current contractor until the project is completed. This includes contract termination for cause and/or convenience as well as the contract ending at the originally specified contractual end date.

https://sam.gov/content/home

This clause shall apply to the current contract, as well as any contract(s) that result from the completion of this RFQ process.

4.4. PROFESSIONAL LICENSING

Proposers shall include a brief description of any professional licensing of the firm, including the team members that hold each license. Copies of licenses should be uploaded with proposals for verification and documentation purposes.

4.5. STANDARD OF CARE

The proposer agrees to exercise reasonable care, prudence and diligence in performing the duties set forth in this RFQ.

As part of ensuring the continued standard of care, proposers must be reasonably sure that their firm can provide the services outlined in the scope of work in a timely manner while maintaining the utmost quality of work.

4.6. OWNERSHIP OF DESIGN

All design documents, including drawings, specifications, and other materials prepared by the

Contractor, shall be deemed the property of the Owner. The Contractor shall not claim any copyright or other intellectual property rights in these documents. The Owner retains all rights to use these documents for the completion of the project and any future modifications or improvements.

Limited License for Use:

"The Contractor is granted a limited license to use and reproduce applicable portions of the design documents solely for the purpose of performing services under this Agreement. These documents shall not be used for any other project or purpose without the prior written consent of the Owner."

Recycling Unused Designs:

"The Designer retains full ownership of any preliminary work or sketches that are not included in the final deliverable. The Designer may reuse these unused designs for other projects or clients."

Instruments of Service:

"Drawings, specifications, and other documents prepared by the Design Professional and their consultants are considered Instruments of Service and are intended for use solely with respect to this project. The Owner shall not use these documents for other projects without the Design Professional’s consent."

4.7. DESIGN TO BUDGET

(a) The Contractor shall accomplish the design services required under this contract so as to permit the award of a contract, using standard Federal Acquisition Regulation procedures for the construction of the facilities designed at a price that does not exceed the estimated construction contract price as set forth in paragraph (c) of this clause. When bids or proposals for the construction contract are received that exceed the estimated price, the contractor shall perform such redesign and other services as are necessary to permit contract award within the funding limitation. These additional services shall be performed at no increase in the price of this contract. However, the Contractor shall not be required to perform such additional services at no cost to the Government if the unfavorable bids or proposals are the result of conditions beyond its reasonable control.

(b) The Contractor will promptly advise the Contracting Officer if it finds that the project being designed will exceed or is likely to exceed the funding limitations and it is unable to design a usable facility within these limitations. Upon receipt of such information, the Contracting Officer will review the Contractor’s revised estimate of construction cost. The Government may, if it determines that the estimated construction contract price set forth in this contract is so low that award of a construction contract not in excess of such estimate is improbable, authorize a change in scope or materials as required to reduce the estimated construction cost to an amount within the estimated construction contract price set forth in paragraph (c) of this clause, or the Government may adjust such estimated construction contract price. When bids or proposals are not solicited or are unreasonably delayed, the Government shall prepare an estimate of constructing the design submitted and such estimate shall be used in lieu of bids or proposals to determine compliance with the funding limitation.

5. PROPOSAL CONTENT AND SUBMISSION REQUIREMENTS

5.1. PROJECT APPROACH

Proposers will indicate their overall approach to handling task orders that may be assigned to them as a result of this RFQ. Proposers shall state their familiarity with Lextran and Fayette County or shall state how they will approach becoming familiar with Lextran and the intricacies involved in the potential projects involving its properties.

Proposers will indicate the disciplines in which their personnel have expertise and how they will obtain any needed expertise for those disciplines in which current personnel do not have experience.

Additional expertise may be obtained through partnerships, subcontracting opportunities, or any other approach as the proposer may deem appropriate.

Proposers will indicate how their specific experience and expertise will best suit the individual potential projects as listed in the Scope of Work.

Each project approach shall demonstrate the proposer’s understanding of Lextran and its needs.

Each project plan shall include at a minimum:

• A timeline of events to indicate how long the project should take to complete. To clarify, the timeline should not include specific calendar dates as that could change based upon final contract award; rather the timeline should indicate the number of days or weeks to complete each aspect of the project as the proposer envisions it.

• A list of all recommended subcontractors (if necessary).

• Anticipated needs pertaining to local regulatory compliance and required documentation such as bonds, certifications, permits, licenses, etc.

5.2. EXPERIENCE AND QUALIFICATIONS

Proposers shall provide a written Statement of Qualifications that responds to each of the projects listed in which the proposer is interested, as well as any other specialties that may be of interest to Lextran for potential future projects.

Proposers shall provide information on past experience, especially experience with clients similar to

Lextran, and, in particular, other transit agencies. Provide information for any completed engagements similar in nature to the projects listed in this RFQ.

For any projects listed as evidence of experience, the proposer must also provide a relevant letter of recommendation from the agency owner for which the project was completed.

Proposers will also document the qualifications of the firm to provide this work, including the qualifications of any specific individuals assigned to the project.

5.3. CAPACITY

Lextran will only award contracts to firms that are responsible and able to perform all aspects of the contract. Proposals will only be considered from firms that have not been debarred from doing business with any government agencies. In addition, proposers must demonstrate they have the necessary financial and personnel resources to carry out the contract.

FINANCIAL CAPACITY

Proposers shall demonstrate they have the necessary financial capacity and solvency to complete their engagements with Lextran. This can be demonstrated by completing the provided financial capacity form (located in Section 9: Attachments), including a copy of an audited financial statement, a letter of good standing from a financial institution, or other such documentation as may be appropriate.

PERSONNEL CAPACITY

Proposers shall demonstrate they have the necessary personnel to complete any engagements with

Lextran. Proposals should list any personnel that would be assigned to Lextran projects, their experience, and any certifications and licenses they may hold. Proposers may include copies of résumés as appropriate. Proposers shall list any on-going projects the proposed personnel may be involved in and how they will ensure they are available for Lextran’s projects. Proposals shall address how they will handle the issue of personnel assigned to the Lextran account leaving the employ of the firm during the contract period. This would include identifying potential back-up personnel and what Lextran’s involvement in the replacement process would be.

5.4. PROPOSAL SUBMISSION REQUIREMENTS

Incomplete proposals may render the proposal non-responsive.

Lextran requests that proposals be concise, clearly addressing the submission requirements and evaluation criteria.

A copy of this RFQ should NOT be included as part of the proposal. This RFQ document will become part of the contract. Any edited versions of the RFQ included in a proposal will not be accepted. This

RFQ/solicitation may only be modified by formal addendum issued by Lextran.

Proposals must be submitted via Lextran's eProcurement Portal.

Proposals must be received before3:00 pm eastern time on Tuesday, October 22, 2024.

The proposer shall supply the following in their proposal:

• Authorized Letter: A signed letter from an authorized member of the proposer's firm.

• Scope of Services Requirements: Proposers must review in detail and acknowledge the requirements listed in the scope of services for the RFQ to remain compliant including:

o Acknowledgment of all requirements listed in Section 2.1 of the Scope of Services.

o Proposing firm's physical address including any satellite offices that may be located in the

Commonwealth of Kentucky.

https://procurement.opengov.com/portal/lextran o Acknowledgment of Lextran's task order process.

o Acknowledgement of Lextran's policy on design errors or deficiencies.

• Project Approaches: A project approach that describes the manner in which each project listed in the Scope of Services would be performed and managed over the course of the contract, including any schedule conflicts (approximately 3 to 5 pages per task).

• Insurance: Proposers must also be adequately insured to perform this work and provide documentation of coverage, including certification of insurance evidence. The successful proposer must also be willing to provide Lextran with proof of coverage on an on-going basis.

• Financial Capacity: Financial capacity may be proven in the following ways: completion of the financial capacity form provided in Section 9: Attachments, a copy of a certified letter from a financial institution, a copy of the firms audited financials, or other such documentation as may be appropriate.

• Personnel Capacity: A description of key staff that will be assigned to this project and identify a lead Project Manager and any support staff. Proposer must include all relevant experience documentation, including staff resumes, licenses and certifications as appropriate.

• Relevant Experience: Descriptions of previous projects that reflect the firm’s and team’s demonstrated ability to complete the work.

• Familiarity with Fayette County: Include evidence that your firm is familiar with Fayette County and Lextran's area of service.

• References: Proposers shall include at least 3 letters of reference from organizations similar in nature to Lextran. All reference letters must be dated within the last 24 months.

• The enclosed forms as listed below:

o Financial Capacity Form o Certification of Restrictions on Lobbying o Certification Regarding Debarment, Suspension and Other Ineligibility o Non-Collusion Affidavit o Certificate of Procurement Integrity o Affidavit of Compliance-DBE (If Applicable)

5.5. PROPOSAL & EVALUATION PROCESS

Proposals must address all evaluation criteria as listed in this RFQ, including the experience and qualifications of the firm as well as the personnel that may be assigned to the Lextran contract, the capacity of the proposer, the location of the proposer, and the project approach.

The Lextran Evaluation Committee will rank the finalists in order of most qualified based on proposal evaluation scores. Following the selection of the top-ranking finalists, the first-ranked finalist’s price proposal, via a rate schedule, will be requested and negotiations conducted. If Lextran and the finalist come to an agreement on a rate schedule that is determined to be fair and reasonable, a contract will be recommended for award.

If Lextran and the first-ranked finalist are unable to negotiate a satisfactory contract, negotiations will be formally terminated. A rate schedule will then be requested from the second-ranked Proposer and negotiations shall be conducted. This process will be repeated until and if a satisfactory contract can be negotiated.

Price Proposal/Rate Sheet Requirements:

All rate sheets must include hourly pricing for all architects, engineers, technicians, etc. that will be performing services for Lextran task orders.

It is preferred that vendors provide a rate sheet for each year of the contract term. This will reduce the likelihood of change orders due to rate increases.

If the proposer intends to employ subcontractors, the rate sheet must also include hourly cost for each subcontractor listed in the same format as the principal contractor.

Mileage charges, if any, shall also be included on the rate sheet.

If there are reimbursable expenses, please also list these and at what percentage the reimbursement will invoiced.

Proposers shall also provide a quote for each task order outlined in the scope of work using the pricing provided in the rate sheet. These quotes must be broken down and clearly address each part of the task order. Both the rate sheet and the provided quotes will be instrumental in the price negotiations stage.

5.6. REDACTED PROPOSALS

Lextran does not require the submission of redacted proposals along with the original proposal file, however it is recommended. As a public agency, Lextran is subject to open records requests, and therefore may be required to present a proposal as part of such a request. Lextran purchasing personnel will always strive to protect all proprietary information of our vendors, and will redact all appropriate documentation accordingly. However, procurement staff may not be aware of all information that may be considered a "trade secret". Providing a redacted proposal will help protect a vendor's trade secrets.

If a proposer does not wish to provide a separate, redacted file, they are more than welcome to mark proprietary information as "confidential" so those pages may be removed from an open records request file.

Please keep in mind that only truly proprietary information can be marked as confidential, and an entire proposal document may not be marked as proprietary. Such proposals will be redacted by Lextran staff as appropriate and provided upon request pursuant to Kentucky public records request regulation.

Lextran has a responsibility to maintain public trust and transparency, so any information that is subject to KRS 61.870 through 61.884 must be provided on request. For more information on Lextran's open records policy, please see the Public Records Request page on Lextran's website.

https://lextran.com/open-records-requests/

6. EVALUATION PHASES

EVALUATION DISCLAIMER:

This document is a Request for Qualifications (RFQ) and will be awarded based on qualifications and experience. Proposers acknowledge that the selection of the winning Proposer is inherently subjective and that Lextran reserves the right to reject any and all submissions at its discretion.

Proposals should be concise and should address the evaluation criteria and information requested.

Proposals containing generalized marketing materials are discouraged and may result in a lower evaluation score.

No. Evaluation Criteria Scoring Method Weight (Points)

1. EXPERIENCE AND QUALIFICATIONS OF THE

FIRM

Does the proposer demonstrate relevant experience with similar agencies, especially other transit agencies? Did they provide examples of past projects that display that experience?

Points Based 40 (40% of Total)

2. PROJECT APPROACHES

Did the proposer provide detailed project plans for each task outlined in the Scope of Services?

Was each project approach applicable and appropriate for the task type?

Points Based 20 (20% of Total)

3. CAPACITY

Does the firm demonstrate adequate financial capacity to be able to support the Lextran contract? (Review forms and recommendations requested)

Does the firm demonstrate adequate personnel capacity to be able to support the

Lextran contract? (Review resumes and licenses provided)

Points Based 20 (20% of Total)

4. FAMILIARITY WITH FAYETTE COUNTY

Does the firm provide adequate proof of familiarity with Fayette County and Lextran?

Points Based 10 (10% of Total)

5. REGULATORY COMPLIANCE

Does the proposer demonstrate the ability to comply with all local, state, and federal regulations that may be involved transit related projects?

Points Based 10 (10% of Total)

7. STATE AND FEDERAL PROVISIONS

7.1. OPEN RECORDS NOTIFICATION

All information appearing within the proposal is subject to public inspection as per the Kentucky Open

Records Act, KRS 61.870. Any proprietary information eligible to be excluded from an open records request must be clearly marked as such on each individual page on which proprietary information appears. Proposers may not make a blanket or all-inclusive confidentiality/proprietary statement. For the purpose of determining an eligible exclusion, KRS 61.878 describes proprietary information in the following manner: “Upon and after July 15, 1992, records confidentially disclosed to an agency or required by an agency to be disclosed to it, generally recognized as confidential or proprietary, which if openly disclosed would permit an unfair commercial advantage to competitors of the entity that disclosed the records”.

7.2. GOVERNING LAW

All contractual agreements shall be subject to, governed by, and construed according to the laws of the

Commonwealth of Kentucky.

7.3. REQUIRED FEDERAL CLAUSES

The Transit Authority of Lexington-Fayette Urban County Government (Lextran) is a recipient of federal funds and is mandated to follow specific guidelines in the procurement of goods and services. The following clauses shall be incorporated by reference into any contract that results from this solicitation.

Definitions used herein:

-The terms “respondent, bidder, proposer, and contractor” mean the offerer or vendor.

-The terms “the Authority” and “recipient” (as in recipient of FTA funds) mean the Transit Authority of

Lexington-Fayette Urban County Government (Lextran).

-The term “USDOT” means the United States Department of Transportation.

-The term “FTA” means the Federal Transportation Administration.

7.4. NO FEDERAL GOVERNMENT OBLIGATION TO THIRD PARTIES

(1) Lextran and Contractor acknowledge and agree that, notwithstanding any concurrence by the

Federal Government in or approval of the solicitation or award of the underlying contract, absent the express written consent by the Federal Government, the Federal Government is not a party to this contract and shall not be subject to any obligations or liabilities to Lextran, Contractor, or any other party (whether or not a party to that contract) pertaining to any matter resulting from the underlying contract.

(2) The Contractor agrees to include the above clause in each subcontract financed in whole or in part with Federal assistance provided by FTA. It is further agreed that the clause shall not be modified, except to identify the subcontractor who will be subject to its provisions.

7.5. PROGRAM FRAUD AND FALSE OR FRAUDULENT STATEMENTS AND RELATED

ACTS

(1) The Contractor acknowledges that the provisions of the Program Fraud Civil Remedies Act of 1986, as amended, 31 U.S.C. § § 3801 et seq. and U.S. DOT regulations, “Program Fraud Civil Remedies”, 49 C.F.R.

Part 31, apply to its actions pertaining to this Project. Upon execution of the underlying contract, the

Contractor certifies or affirms the truthfulness and accuracy of any statement it has made, it makes, it may make, or causes to be made, pertaining to the underlying contract or the FTA assisted project for which this contract work is being performed. In addition to other penalties that may be applicable, the

Contractor further acknowledges that if it makes, or causes to be made, a false, fictitious, or fraudulent claim, statement, submission, or certification, the Federal Government reserves the right to impose the penalties of the Program Fraud Civil Remedies Act of 1986 on the Contractor to the…