JTS RFQ 2021.1 packet.pdf

JTS RFQ 2021.1 Page 1

City of Janesville, Janesville Transit System

Request for Qualifications for

Architect/Engineering Design Services

(JTS RFQ 2021-1)

February 16, 2021

101 Black Bridge Road

Janesville, Wisconsin 53545 www.janesvillewi.gov/jts

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I. INTRODUCTION TO PROPOSERS

I.A. INTRODUCTION

I.B. DEFINITIONS

II. GENERAL PROPOSAL CONDITIONS

II.A. GENERAL CONDITIONS

II.B. PROPOSAL TIMELINE

II.C. SUBMISSION OF PROPOSALS

II.D. CLARIFICATION AND AMENDMENT PROCESS

II.E. SITE VISIT

II.F. TERM OF CONTRACT

II.G. INCURRING COSTS AND RIGHT TO CANCEL

II.H. PROPOSAL REJECTION AND WITHDRAWAL

II.I. ACCEPTANCE OF PROPOSALS

II.J. CONTRACT DOCUMENTATION

II.K. SINGLE PROPOSAL RESPONSE

II.L. EVALUATION OF PROPOSALS

II.M. EVALUATION CRITERIA

II.N. PROPOSAL SUBMISSION REQUIREMENTS

II.O. RESTRICTIONS ON LOBBYING AND CONTACTS

II.P. PUBLIC RECORDS ACT

III. PROTEST PROCEDURES

III.B. TIMING REQUIREMENTS AND CATEGORIES OF PROTESTS

III.C. PROTEST REVIEW

III.D. SUMMARY DISMISSAL

III.E. PROTEST DECISION

III.F. APPEALS

IV. SCOPE OF SERVICES

IV.A. SCOPE OF PROJECT

IV.B. PERFORMANCE REQUIREMENT

IV.C. QUALIFICATIONS OF CONSULTANT

IV.D. CONSULTANT DELIVERABLES

IV.E. RESPONSIBILITY OF THE CITY

IV.F. RESPONSIBILITY OF THE CONSULTANT

IV.G. PAYMENT METHOD & INVOICES; AND INSURANCE

IV.H. INSURANCE

IV.I. CLAIMS

V. GENERAL CONDITIONS

V.A. PERFORMANCE REQUIREMENT

V.B. SUBCONTRACTING

V.C. CONFLICT OF INTEREST

V.D. ORGANIZATIONAL CONFLICT OF INTEREST

V.E. LICENSING, PERMITS, AND TAXES

V.F. WAIVER OF TERMS AND CONDITIONS

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V.G. COMPLIANCE WITH LAWS AND PERMITS

VI. FEDERAL ASSURANCES & CERTIFICATIONS

VI.A. NO GOVERNMENT OBLIGATION TO THIRD PARTIES

VI.B. FLY AMERICA REQUIREMENTS

VI.C. CARGO PREFERENCE REQUIREMENTS

VI.D. SEISMIC SAFETY REQUIREMENTS

VI.E. PROGRAM FRAUD AND FALSE OR FRAUDULENT STATEMENTS AND RELATED ACTS

VI.F. ACCESS TO RECORDS AND REPORTS

VI.G. FEDERAL CHANGES

VI.H. CIVIL RIGHTS REQUIREMENTS

VI.I. DISADVANTAGED BUSINESS ENTERPRISE (DBE)

VI.J. INCORPORATION OF FEDERAL TRANSIT ADMINISTRATION (FTA) TERMS

VI.K. TERMINATION

VI.L. GOVERNMENT-WIDE DEBARMENT AND SUSPENSION (NONPROCUREMENT)

VI.M. ENERGY CONSERVATION REQUIREMENTS

VI.N. RECYCLED PRODUCTS

VI.O. LOBBYING

VI.P. CLEAN AIR REQUIREMENTS

VI.Q. CLEAN WATER REQUIREMENTS

VI.R. CONTRACT WORK HOURS AND SAFETY STANDARDS ACT

VI.S. BREACHES AND DISPUTE RESOLUTION

VI.T. TRANSIT EMPLOYEE PROTECTIVE AGREEMENTS

VI.U. PRIVACY ACT

VI.V. ADA ACCESS

VI.W. EQUAL EMPLOYMENT OPPORTUNITY

VI.X. SAFE OPERATION OF MOTOR VEHICLES

LIST OF APPENDICES

APPENDIX A: CERTIFICATION FORMS TO BE SUBMITTED WITH PROPOSAL

FORM A: SIGNATURE AFFIDAVIT

FORM B: OVERALL FEDERAL REGULATION COMPLIANCE

FORM C: COMPLIANCE WITH SPECIFICATIONS/SCOPE OF WORK

FORM D: GOVERNMENT WIDE DEBARMENT AND SUSPENSION

FORM E: LOBBYING CERTIFICATION

FORM F: DISADVANTAGED BUSINESS ENTERPRISE (DBE) CERTIFICATION

FORM G: ACKNOWLEDGEMENT OF ADDENDA (IF NECESSARY)

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I. Introduction to Proposers I.A. Introduction

The City of Janesville (hereinafter referred to as the “City”) is issuing this request for qualifications (hereinafter referred to as the “RFQ”) to solicit services of a Consultant to provide architectural and engineering services necessary for the rehabilitation of the Janesville Transit Transfer Center, located at 123 S. River Street in downtown Janesville, WI.

JTS: JTS is a public transit system owned and operated by the City as a division of the City’s government. More information about JTS may be found at:

www.janesvillewi.gov/jts

Transfer Center: The Transfer Center is the public-facing hub of the transit system with 6-10, 35’ heavy duty buses converging at the facility 19-28 times per day, six days per week. The Transfer Center was built in 2000/2001 with a historic and quaint depot design concept in tribute to the train station that was previously located at this location.

The Transfer Center is located adjacent to the Janesville’s downtown centerpiece, the Town Square; thus, the rehabilitation of this facility must be in keeping with the historic and innovative design aesthetic associated with public structures located in downtown Janesville, along with blending nearly seamlessly with the existing structure.

Funding Source: This project is funded by the Federal Transit Administration. As such, both the City and Consultant awarded contracts that use these funds must comply with certain Federal certifications and clause requirements, which are set forth in this solicitation. It is the Proposer’s responsibility to be aware of, and comply with, these certifications and clauses throughout both the solicitation period and the term of any resultant contract.

Project Budget: The budget for the rehabilitation of the Transfer Center, including architect/engineering services, is $1,121,898.

I.B. Definitions

I.B.1. A/E - architectural and engineering services

I.B.2. COJ or the City – City of Janesville

I.B.3. JTS - the public transit system operated by the City of Janesville (Janesville Transit System)

I.B.4. Consultant - Proposer awarded the A/E contract

I.B.5. Contractor – the consultant awarded the A/E contract, used primarily within federal clauses

I.B.6. DBE means Disadvantaged Business Enterprise certified by WisDOT’s Wisconsin Unified Certification Program.

http://www.janesvillewi.gov/jts

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I.B.7. FTA means the Federal Transit Administration

I.B.8. Proposer - a company or individual submitting a proposal in response to this

RFQ

I.B.9. RFQ - request for qualifications

I.B.10. State - the State of Wisconsin

I.B.11. Subcontractor - a business which the Consultant is utilizing to perform part of the contract

I.B.12. Independent Cost Estimate (ICE) – a federally-required form/process whereby transit systems estimate the cost of the product or project being procured prior to obtaining bids from vendors for the product or project.

I.B.13. WBE - Women’s Business Enterprise

I.B.14. WisDOT - the Wisconsin Department of Transportation

II. General Proposal Conditions II.A. General Conditions

II.A.1. Notwithstanding any other provision of this RFQ, all proposers are hereby specifically advised that this RFQ is a solicitation only.

II.A.2. Responses to the RFQ shall be made according to the specifications and instructions contained herein. Failure to adhere to instructions may be cause for rejection of any proposal.

II.A.3. Proposers understand and agree that submission of a proposal will constitute acknowledgment and acceptance of, and a willingness to comply with, all the terms, conditions and criteria contained in this RFQ, except as otherwise specified in the proposal. This RFQ, as well as any and all parts of the submitted proposal, may become part of any subsequent contract between the selected Consultant and the City.

II.A.4. False, incomplete, or unresponsive statements in connection with a proposal may be sufficient cause for rejection of the proposal. The evaluation and determination of the fulfillment of the above requirement will be the City’s responsibility and its judgment shall be final.

II.B. Proposal Timeline

RFQ Issuance – February 16, 2021

Opportunity for Transfer Center Site Visit – March 2, 2021

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Question Submittal Deadline – March 9, 2021

On this date, any and all questions, requests for an interpretation or clarification of, or addenda to this RFQ must be submitted, in writing.

Addenda Posted – March 16, 2021

On this date, the City will post responses to pertinent requests for interpretation or clarification of, or addenda to, this RFQ.

Proposal Submittal Deadline – 12:00 PM Noon, March 23, 2021

Prior to this time & date, all proposals must be submitted. Any proposal submitted after this deadline shall be considered late and may not be considered for evaluation.

Interview(s) – (Anticipated) – Friday, April 9, 2021

During this time period, the City may conduct virtual interviews.

Negotiation Period – (Anticipated) – April 14 – May 10, 2021

During this time period, the City may negotiate with proposer(s).

Contract Award – (Anticipated) – May 11, 2021

Start of Contract upon execution of consultant services agreement – (Anticipated) - May 24, 2021

II.C. Submission of Proposals

II.C.1. Each proposal shall be in the form specified in this RFQ, in a clearly marked, sealed envelope. In addition, the envelope shall be clearly marked with the name of the Proposer and the title of this RFQ (JTS RFQ 2021-1).

II.C.2. The proposals shall consist of one (1) unbound, one-sided, original and one

(1) electronic version. The maximum number of pages accepted is 21 pages, excluding DBE response and required certification forms.

II.C.3. The electronic version of the proposal shall be placed on a jump drive and included within the sealed envelope. The unbound original shall be mailed or dropped off to: Janesville Transit System; Attn: Rebecca Smith, Transit Director; 101 Black Bridge Road; Janesville, WI 53545

II.C.4. Proposals in response to this RFQ shall be considered received when both the physical copy and the electronic version have been received by the addressee or designated agent.

II.C.5. All proposals must be received by the City at its transit office listed above by 12:00PM Noon March 23, 2021. Proposals received after this specified date and time shall be considered late and may not be considered for evaluation.

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II.D. Clarification and Amendment Process

II.D.1. A Proposer may submit to the City a written request for an interpretation or clarification of, or addenda to, this RFQ.

II.D.2. The City will review and prepare a response to each request made by a proposer pursuant to this section. The responses will be posted on the City’s website and Vendor Net to ensure all interested parties receive the same information.

II.D.3. The City reserves the right to make modifications or addenda to this RFQ. If the City determines it is appropriate to revise any portion of this RFQ, either at the request of a proposer or upon the City's own initiative, the City will issue, and make available to all prospective proposers, a written addendum setting forth this revision. Proposers shall acknowledge receipt of addenda by written notice thereof returned to the City as a component of the proposal (see Form G). Without acknowledgement of addenda, proposals may not be considered. Where addenda require changes in the work to be performed under the Contract, the date set for receipt of proposals may be postponed by such number of days as the City determines are appropriate in order to enable prospective proposers to revise proposals.

II.D.4. The City is not bound by any oral interpretations, clarifications, or changes made to this RFQ by any City employee. Any clarification or change to the RFQ must be provided in writing pursuant to this section.

II.E. Site Visit

II.E.1. Proposers may attend a site visit of the Transfer Center. All proposers will tour the site at the same time; however, social distancing will be enforced.

No questions will be taken at this visit. No other site visits will be scheduled.

II.E.2. During the site visit JTS will demonstrate the need for an adjustment to the concrete walkway for ADA accessibility purposes, which is included in the project scope.

II.E.3. Proposers are not required to attend the site visit. However, it is the Proposer’s responsibility to completely understand the facility and the proposer responsibilities, in order to facilitate a full understanding of all requirements associated with this RFQ’s Scope of Services. Failure to participate in the visit will in no way relieve the successful Proposer from providing, with no additional cost to City, all services that may be required to carry out the intent of the resulting contract.

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II.E.4. The site visit is scheduled for March 2, 2021 at 10:00 a.m. at the Transfer Center, 123 S. River. Proposers are asked to use street parking (no bowling alley parking lot or parking within the Transfer Center property). All proposers are expected to socially distance and wear a mask during the site visit. Attendees are welcome to bring their own ladder; tape measure; and flashlight for use during the site visit, as no equipment will be provided during the site visit. Proposers shall also be advised the majority of the site visit will take place outdoors.

II.F. Term of Contract

II.F.1. The City anticipates executing a contract in May, 2021 with a contract start date no later than May 24, 2021. The City expects 90% submittal of materials for review the week of November 14, 2021 and delivery of final bid document to the City by December 10, 2021. The Consultant will provide limited construction services for the duration of the construction project through final punch list and project acceptance. The City anticipates issuing the bid in early January 2022; awarding the construction contract in late February 2022; beginning construction in mid-March 2022; substantial completion in mid-November 2022; and final acceptance of the refurbishment in January 2023.

II.G. Incurring Costs and Right to Cancel

II.G.1. The City shall not be responsible for any expenses incurred by any vendor in the development of a response to this RFQ, including any onsite (or otherwise) interviews and/or presentations, and/or supplemental information provided, submitted, or given to the City and/or its representatives.

II.G.2. The City reserves the right to cancel the work described herein prior to issuance and acceptance of any contractual agreement/purchase order by the recommended vendor.

II.H. Proposal Rejection and Withdrawal

II.H.1. The City reserves the right in its discretion to accept or reject any and all proposals submitted in response to the RFQ or refuse to enter into any contract resulting from any proposal submitted, without expense to the City.

II.H.2. The Proposer or an authorized representative may, prior to the date and time set as the deadline for receipt of proposals, modify or withdraw a proposal in person or by written, telegraphic, or electronic notice.

II.H.3. After the proposal receipt deadline, proposals may not be withdrawn for ninety (90) calendar days.

II.I. Acceptance of Proposals

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Each proposal shall be submitted with the understanding that it is subject to the evaluation procedure set forth in this RFQ, and to negotiation at the option of The City. Upon acceptance of the final offer, in writing by the City, to furnish any and all of the services described herein, the parties shall promptly execute the final contract documents. The written contract shall bind the proposer to furnish and deliver at the price negotiated and in accordance with conditions of said accepted proposal and this RFQ, as negotiated. The City reserves the right to make the award under this RFQ based upon the initial proposals submitted.

II.J. Contract Documentation

Any contract resulting from this solicitation shall contain the terms and conditions included in this RFQ, any addenda to the RFQ, and the successful proposal. The successful proposer will be expected to execute the City’s standard Consultant Services Agreement, as attached in Appendix E.

II.K. Single Proposal Response

If only one proposal is received in response to this RFQ, information may be requested from the Proposer to enable the City to perform a cost/price analysis, evaluation, and/or audit in order to determine if the price is fair and reasonable.

II.L. Evaluation of Proposals

II.L.1. All proposals received will be evaluated according to the criteria listed in Section II. K,4.a. An evaluation committee shall make a recommendation, based on the perceived best value to the City.

II.L.2. This procurement will follow the qualifications-based competitive proposal procedures of the Brooks Act. As such, price will be excluded as an evaluation factor and Proposers’ qualifications will be evaluated against the stated criteria.

II.L.3. After scoring is completed, the City may, at its discretion, invite one or more Proposers whose proposals score within a competitive range to present additional oral or written information.

II.L.4. The City will select a Consultant based on the following proposal evaluation factors:

II.L.4.a. Key Personnel/Capacity: The extent to which the Proposer offers qualified personnel with necessary training, communication skills, experience, technical and resource capacity, equipment, and facilities necessary to perform the work, including qualifications, experience and abilities of the project manager and experience within the region.

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II.L.4.b. Past Performance: The extent to which the Proposer has demonstrated competence in performing similar work and the extent of former client satisfaction.

II.L.4.c. Proposal/Technical Criteria: The extent to which the Proposer’s proposal addresses key technical criteria and tasks identified in the Scope of Services; and demonstrates a thorough understanding of the project scope.

II.M. Evaluation Criteria

This is a request for qualifications for the purchase of services. The following items comprise the evaluation criteria:

Qualifications & Experience of Team (25%)

Project Manager Capabilities (30%)

Past Performance (30%)

Proposal/Technical Criteria (15%)

II.N. Proposal Submission Requirements Proposals shall provide a straightforward, concise delineation of the Proposer's capability to satisfy all of the elements and requirements of the RFQ. Each proposal shall be submitted in the requested format and provide all pertinent information. Each proposal shall be signed in ink by a duly authorized officer of the company. The following shall be included in the Proposal:

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II.N.1. Cover Letter – Maximum of 1 page

A brief letter signed by an officer of the responding organization, stating that the information contained in the submission is accurate and complete as of the date of submission; and that the proposer is willing to comply with all stated contractual requirements. The letter shall also include assurance the project manager will not be substituted with other personnel or reassigned to another project without the City’s approval.

II.N.2. Table of Contents – Maximum of 1 page

Each proposer shall include an outline of the proposal, identified by sequential page number and by section reference number and section title as described herein.

II.N.3. General Information and Qualifications – Maximum of 1 page

This section shall include the Proposer’s company name, address, and phone number, along with the name of the contact person who will be authorized to make representations for the organization. Also included shall be the legal status of the organization as well as whether or not any officer or partner of the organization failed to complete a contract, and if so, the circumstances involved.

This section shall include, but is not limited to, the following information:

II.N.3.a. Experience – Maximum of 7 pages

The Proposer shall provide a statement supporting the Proposer's ability to perform the terms of the Contract. The statement should include a list of related entities, public and private, for which the Proposer has provided architectural/engineering design services within the past five (5) years including an identification of the services rendered, and the current status of the Proposer's involvement in those services. This list shall include a contact name at each entity; and physical address, email address and phone number for the contact. Any municipal, transit-specific or federally funded A/E projects should be specifically noted.

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II.N.3.b. Qualifications of Key Personnel – Maximum of 5 pages

The proposal must identify the project manager and explain how this point of contact will work with the City. All other key personnel who will work on the project should be identified in this section with relevant specific experience identified. The proposal must also identify the office location at which the key personnel work and the years of experiences the key personnel have and the number of years the personnel have been with the firm under its current name and ownership. If interviews are necessary for selection, the project manager of this project shall conduct a majority of the presentation and be able to answer most questions asked during the interview process.

II.N.3.c. Subcontractors – Maximum of 1 page

If a sub-contractor(s) is proposed, describe the arrangement as well as the sub-contractor’s role in the project.

II.N.3.d. Qualifications of A/E Services for this Rehabilitation Project – Maximum of 2 pages

Provide a statement which characterizes and defines the proposer’s experience and knowledge related to A/E services for this project. The statement should briefly describe how your expertise and experience will contribute to this project and how it differentiates yourself from others.

II.N.3.e. Proposed Project Approach - Maximum of 2 pages

The Proposer’s understanding, approach, and schedule for the project is an important aspect of the RFP process. The proposer should provide a clear and concise understanding of the project based on the information given. The proposer should explain their project development process, and proposed strategy and schedule for completing the tasks identified in the scope. Also, explain approach to collaborating and consensus building with the City.

II.N.3.f. Disadvantaged Business Enterprise (DBE)

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The Proposer shall provide a statement indicating the Proposer will comply with DBE goals or demonstrate good faith efforts to comply with DBE goals established under the Contract. If the prime proposer qualifies as a certified DBE or is joint venturing with a certified DBE, a copy of the DBE certification(s), and a description of the dollar value of the proposed work that he/she intends to perform with his/her own forces, together with a statement of the percentage interest in the Contract held by the joint venture DBE. The national goal for participation of Disadvantaged Business Enterprises (DBE) is 10%. The City has established a 3% transit DBE goal with a 0.66% race conscious, 2.34% race neutral split for FFY 2020-2022. A separate contract specific goal has not been established for this procurement.

II.N.3.g. Statement of Insurability – Maximum of 1 page

The Proposer shall provide a statement of insurability from a reputable insurance company.

II.N.3.h. Debarred Bidder’s List Information

The Proposer shall provide a certification addressing the debarment and suspension status of the Proposer or any of its principals using Form D.

II.N.4. Certification Forms

All forms found in Appendix A must be executed by the Proposer and submitted with the proposal to the City.

II.O. Restrictions on Lobbying and Contacts

II.O.1. During the period beginning on the date of the issuance of this RFQ and ending on the date of selection of the Consultant, no person (or entity) submitting a proposal in response to this RFQ, nor any officer, employee, representative, agent, or consultant representing such a person (or entity) shall contact through any means or engage in any discussion concerning the award of the Contract with any employee of the City . Any such contact shall be grounds for the disqualification of the proposer.

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II.O.2. During the period beginning on the date of the issuance of this RFQ and ending on the date of selection of the Consultant, each person (or entity) submitting a proposal in response to this RFQ, or any officer, employee, representative, agent, or consultant representing such a person (or entity) shall limit his or her communication with employees of the City to written clarification and amendment process described in Section II. C. and interviews and discussions pursuant to Section II. J. At no time may any proposer have any communication with a member of the City’s Evaluation Committee, other than communication initiated by such member during interviews or discussions, with the exception of any proposers making contact concerning any current services being provided under any existing contracts, if any.

II.O.3. The City, in compliance with 49 CFR Parts 19 and 20, hereby assures and certifies that for any application for a Federal assistance exceeding $100,000:

II.O.3.a. No Federal appropriated funds have been paid or will be paid by or on behalf of the City, to any person for influencing or attempting to influence an officer or employee of an agency, a Member of Congress, an officer of employee of Congress, or an employee of a Member of Congress in connection with the awarding of any Federal contract, the making of any Federal grant, the making of any Federal loan, the entering into of any cooperative agreement, and the extension, continuation, renewal, amendment, or modification of any Federal contract, grant, loan or cooperative agreement.

II.O.3.b. If any funds other than federal appropriated funds have been paid or will be paid to any person for making lobbying contacts to an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with the Federal contract or grant, the City shall complete and submit Standard Form-LLL, “Disclosure Form to Report Lobbying,” in accordance with its instructions.

II.O.3.c. The City shall require that the language of this certification be included in the award documents for all sub-awards at all tiers (including subcontracts, sub-grants, and contracts under grants, loans, and cooperative agreements) and that all sub-contractors shall certify and disclose accordingly.

II.O.4. This assurance is a material representation of fact upon which reliance was placed when this transaction was made or entered into. Submission of the assurance and signed certification is a prerequisite for making or entering into this transaction, as imposed by 31 USC 1352. Any person who makes a prohibited expenditure or fails to file or amend a required certification or disclosure form shall be subject to a civil penalty of not less than $10,000 and not more than $100,000 for each such expenditure or failure.

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II.P. Public Records Act

II.P.1. All proposals submitted in response to this RFQ will become the exclusive property of the City.

II.P.2. It is the policy of the City to maintain an open and public process in the solicitation, submission, review, and approval of procurement activities related to this contract. All proposals become a matter of public record and shall be regarded as public records, with the exception of the parts of each proposal which are defined by the Proposer as business or trade secrets, and so marked, as "confidential" or "proprietary.”

II.P.3. Records may not be available for public inspection prior to issuance of the notice of intent to award or the award of the Contract. The City shall not in any way be liable or responsible for the disclosure of any such information in the proposals of any part thereof if disclosure is required under Wisconsin law.

III. Protest Procedures III.A.1. Protests of an interested party regarding the procurement actions of the City shall be considered and determined in accordance with the following procedures.

III.A.2. A protest which is submitted by a party which is not an interested party, or which is not in accordance with these procedures shall not be considered by the City and will be returned to the submitting party without any further action by the City.

III.A.3. Any interested party may file a protest with the City on the following grounds:

III.A.4. The City has failed to comply with applicable Federal or State law;

III.A.5. The City has failed to comply with its procurement procedures;

III.A.6. The City has failed to comply with the terms of this solicitation, including the failure to adhere to the evaluation criteria set forth in the solicitation.

III.A.7. The City has issued restrictive or discriminatory specifications.

III.A.8. A protest must be filed in writing and include the following:

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III.A.8.a. Identity of the contact person for the protestor, including name, title, address, telephone, fax and email addresses. If the contact point is a third party representing the protester, the same information must be provided, plus a statement defining the relationship between the protester and the third party.

III.A.8.b. Name of the procurement solicitation.

III.A.8.c. A detailed statement of the grounds for the protest, including all relevant facts and the Federal or State law or the provision of the City procurement procedures, or specific term of the solicitation alleged to have been violated.

III.A.8.d. Any relevant supporting documentation the protesting party desires the City to consider in making its decision.

III.A.8.e. A compete discussion of the basis for the protest, including all supporting facts, documents or data; and

III.A.8.f. A statement of the specific relief requested.

III.A.8.g. The protestor is solely responsible for the completeness and validity of the information provided. Any documents relevant to the protest should be attached to the written submission.

Documents which are readily available on the Internet may be referenced to an appropriate link.

III.A.8.h. A protest may be decided solely upon the written submission. The protest submission should therefore include all materials necessary to support the protester’s position. Additional or supplemental materials may only be submitted at the request of, or with the permission of, the protest reviewer.

III.A.8.i. All protests must be received between the hours of 8:00 AM and 4:30 PM, Monday through Friday. Protests should be submitted to:

Deputy City Manager City of Janesville City Hall 4th Floor 18 N. Jackson Street, Janesville, WI 53546 (street) PO Box 5005, Janesville WI 53547-5005 (mailing)

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III.A.8.j. If any of the information required by this section is omitted or incomplete, the City will notify the protestor, in writing, within one (1) day of the receipt of the protest, and the protestor will be given one day to provide the omitted or incomplete information in order for the protest to be further considered. This provision only applies in the case of a failure to state any grounds for a protest and does not apply to stating inadequate grounds for a protest or the failure to submit documentation.

III.B. Timing Requirements and categories of protests

The City will consider the following categories of protests within the time period set forth in each category:

III.B.1.a. Protests regarding solicitation documents:

A protest related to the technical scope or specification, terms, conditions, or form of a solicitation must be received no later than ten (10) from the issuance of request for proposals; if the protest addresses an amendment to the solicitation, it must be received no later than ten (10) working days prior to the date established for opening bids or receipt of proposals or five (5) working days after the date of issuance of the amendment, whichever is later; in no event, however, may a protest of this nature be submitted after bids or proposals are received. Any protest based on such grounds filed after that date will not be considered by the City.

III.B.1.b. Protests regarding proposal evaluation or contract award:

All bidders/proposers will be notified of the recommended award, upon a determination by JTS. This notice will be transmitted to each proposer at the email address contained in its proposal form. Any proposer whose proposal is valid at the time of the staff determination may protest the recommended award on one or more of the following grounds:

• That the recommended award does not meet the requirements of the solicitation;

• That the bid or proposal recommended for acceptance does not meet the criteria of the solicitation for award;

• That the evaluation process conducted by JTS is improper, illegal, or the decision to recommend award is arbitrary and capricious.

The protest must be received by JTS at the address specified in the solicitation, no later than five (5) calendar days after the date such notification is publicly posted or sent to the bidder or proposer, whichever is earlier. A written decision stating the grounds for allowing or denying the protest will be transmitted to the protestor and the proposer recommended for award in a manner that provides verification of receipt. Such decision shall be final, except as provided in 111.H Appeal below or by applicable law or regulation. Upon receipt of a protest of this type, the protest reviewer shall notify all offerors and any other known interested parties of the receipt and nature of the protest and request an extension of the validity period of their offers, if appropriate. Unless the

JTS RFQ 2021.1 Page 18 protest reviewer determines that delay will be prejudicial to the interest of JTS or that the protest lacks substantial merit, award will be withheld pending disposition of the protest. Should one or more offerors refuse a requested extension of the validity of an offer, the protest reviewer may reject such proposal unless it is determined that the protest can reasonably be resolved, and the award process continued without need for such extension. Delay in an award shall be considered prejudicial to JTS if:

• The equipment, supplies or services are urgently required; or

• Failure to make a prompt award will economically or operationally damage JTS.

Should the protest be upheld in whole or in substantial part, the Source Selection Chair may either (1) revise the evaluation process to correct the matter protested; or (2) cancel the solicitation in its entirety. In the event that JTS proceeds with an award for one of the reasons stated above, and the protest is subsequently upheld, the Source Selection Chair shall determine whether the performance of the contract will reasonably permit its termination in order to correct the protested matter. Such termination shall be for the convenience of JTS.

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III.C. Protest Review

III.C.1. General

III.C.1.a. The City will notify the protestor within three (3) days of timely receipt of a protest that the protest is being considered.

III.C.1.b. In the notification, the City will inform the protestor of any additional information required for evaluation of the protest and set a time deadline for submittal of such information. If the City requests additional information and it is not submitted by the stated deadline, the City may either review the protest on the information before it or decline to take further action on the protest.

III.C.1.c. In its sole discretion, the City may give notice of any protest to other bidders or proposers in the procurement involved and may permit any such party to submit information to the City regarding the merits of the protest. The City shall set a time deadline for the submittal of such comments, which will be no less than five (5) days after notification of the protest.

The City may, in its sole discretion, hold an informal conference to review the merits of the issues raised by the protest. All interested parties will be invited to participate in the conference.

Any information provided at the conference will only be considered by the City in deciding the protest if it is submitted to the City in writing within three (3) days after the conference.

III.C.2. Effects of Protest on Procurement Action

III.C.2.a. Protests regarding solicitation documents or process:

Upon receipt of a timely protest regarding the solicitation process or the solicitation documents, the City may postpone the opening of the proposals until resolution of the protest.

The filing of the protest will not, however, change the date on which proposals are due, unless the City determines, and so notifies all proposers, that such a date change is necessary and appropriate to carry out the goals of the procurement.

III.C.2.b. Protests regarding proposal evaluation or contract award:

Upon receipt of a timely protest regarding evaluation of proposals or the award of the Contract, the City may suspend contract approval or other pending action, or issue a stop work order if appropriate, until the resolution of the protest.

In this event, the successful proposer may not recover costs resulting from any delay through a change order.

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III.C.3. Ability to proceed

Notwithstanding the pendency of a protest, the City reserves the right to proceed with the appropriate step or action in the procurement process or in the implementation of the Contract in the following cases:

III.C.3.a. Where the service to be procured is urgently required.

III.C.3.b. Where the City determines, in writing, the protest is vexatious or frivolous.

III.C.3.c. Where delivery or performance will be unduly delayed or other undue harm to the City will occur, by failure to make the award promptly.

III.C.3.d. Where the City determines that proceeding with the procurement is otherwise in the best interest of the public.

III.D. Summary Dismissal

III.D.1. The City also reserves the right to summarily dismiss all or any portion of a protest that raises legal or factual arguments or allegations that have been considered and adjudicated by the City in a previous protest in the same solicitation or procurement action.

III.E. Protest Decision

III.E.1. After review of a protest submitted, including information provided by the protestor and other parties, the results of any conferences with the protestor, and the City’s own investigation and analysis, the Deputy City Manager shall issue a written decision on the protest.

III.E.2. The decision shall be the final and binding agency action. Except in exceptional circumstances, the decision of the Deputy City Manager will be rendered within 30 days after the date all relevant information is submitted pursuant to the deadlines set forth.

III.E.3. If the protest is upheld, the City will take appropriate action to correct the procurement process and protect the rights of the protestor, including re-solicitation of proposals, revised evaluation of proposals, the City’s determinations, or termination of the Contract.

III.E.4. If the protest is denied, the City will lift any suspension imposed and proceed with the appropriate stage of the procurement process or the Contract.

III.F. Appeals

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III.F.1. The FTA’s role is limited to considering matters that are primarily a Federal concern. Accordingly, Circular 4220.1F, Chapter VII, Sec. 1.b that provided for direct appeals to the FTA is no longer applicable. The FTA is not obligated to review any protest. Protests addressing JTS’ DBE program may be submitted to the U.S. Department of Transportation, Office of Small and Disadvantaged Business Utilization, in accordance with 49 CFR Part 26 and guidance issued there under.

III.F.2. The City may proceed with the procurement in spite of a pending protest at the FTA if any of the following conditions are met:

III.F.2.a. The service or item to be procured is urgently required.

III.F.2.b. The delivery or performance will be unduly delayed by failure to make the award promptly.

III.F.2.c. The failure to make prompt award will otherwise cause undue harm to the City or the Federal Government.

IV. Scope of Services IV.A. Scope of Project

IV.A.1. The purpose of this project is to complete the architecture and engineering services necessary to publicly bid the rehabilitation of the Transfer Center to include: adjustments to concrete walkway for ADA compliance; major facility component replacement (HVAC, plumbing, concrete paving); major component refurbishment (lobby, restrooms, and dispatch room); improved vandal-resistance; enhanced public amenities (space for fare kiosk;

replacement of non-electronic communication boards); a replacement roof;

and the addition of single stall family/unisex restrooms on the north side of the facility. The Transfer Center is not located within a historical overlay district. This project would receive administrative site plan review by the Janesville Planning Division but does not require Janesville Plan Commission or conditional use permit approval.

IV.B. Performance Requirement

IV.B.1. The Consultant shall, at all times during the term of the Contract, perform all work diligently, carefully, and in a professional manner; and shall furnish all labor, supervision, material and supplies necessary. Notwithstanding the provision of drawings, technical specifications, or other data by the City, The Consultant shall have the responsibility of supplying all items and details required to perform the services specified in this RFQ.

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IV.B.2. The Consultant shall conduct all work in the Consultant’s own name and as an independent Consultant, and not in the name of, or as an agent for, the City or the JTS.

IV.B.3. The Consultant’s performance of services shall be in accordance with the Contract, in accordance with the RFQ, and The Consultant’s proposal.

IV.C. Qualifications of Consultant

IV.C.1. Prospective Consultants must meet the minimum qualifications set forth below to be considered eligible to propose on this service Contract.

IV.C.1.a. The Consultant must be financially capable of undertaking this service.

IV.C.1.b. One or more architects or engineers on staff who are professionally registered to practice in Wisconsin.

IV.C.1.c. Experience with similar or related projects of the size and scope in similar 4-season weather conditions.

IV.C.1.d. Experience designing public buildings that comply with Federal and State ADA requirements.

IV.C.1.e. Knowledge, and experience designing buildings with energy efficiency components and features exceeding applicable building code standards.

IV.C.1.f. Experience designing soundproofed or sound-dampened office areas adjacent to noisy commercial-scale workspaces.

IV.C.1.g. Experience designing efficient, useful and multi-functional space within tight quarters.

IV.C.1.h. Experience designing buildings with zoned heating and ventilation requirements.

IV.C.1.i. Experience designing buildings wired for computer networks, WIFI, badge-entry door access, and for interior and exterior security systems.

IV.C.1.j. Experience designing buildings exposed to severe winter conditions.

IV.C.1.k. Experience designing public building requiring significant vandal-resistance measures.

IV.C.1.l. Experience designing buildings exposed to consistently high public usage in an unsupervised environment.

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IV.C.1.m. Experience designing public spaces sensitive to the needs of elderly and disabled users, particularly those with vision impairments and those using mobility devices.

IV.C.1.n. Experience in designing rehabilitations taking advantage of natural light opportunities.

IV.C.1.o. Experience with construction projects using Federal funded programs.

IV.C.1.p. Knowledge of Federal DBE program requirements.

IV.D. Consultant Deliverables

IV.D.1. The Consultant shall provide all architectural services, engineering services, site plans, environmental services, and bid-ready construction plans and specifications required to enable the City to solicit bids for the rehabilitation of the Transfer Center. Consultant shall update the City’s standard public works contract template to include project specific details. These services include, but are not limited to, the following:

IV.D.1.a. Conducting a comprehensive assessment of space requirements to accommodate family/unisex restrooms on the north side of the building, in addition to planning for efficient use of interior space for dispatching and breakroom uses; and public waiting area.

IV.D.1.b. Identifying and assessing the cost-effectiveness of energy saving alternatives to, and options for, standard materials and equipment used for facility heating/cooling systems, thermal insulation, windows, plumbing fixtures, etc., while maintaining a focus on vandal-resistance.

IV.D.1.c. Identifying and evaluating the feasibility of all design options.

IV.D.2. The Contract shall provide a detailed cost estimate at 100% design for the rehabilitation project for use by city staff to prepare an FTA-required Independent Cost Estimate.

IV.D.3. Developing a detailed construction work program outlining the cost and time required to complete each task.

IV.D.4. Providing the City with the following deliverables while facility design is underway:

IV.D.4.a. At 30% design: Project conceptual design and design alternatives, to include preliminary cost estimates, survey work results, if necessary.

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IV.D.4.b. At 60% design: Project preliminary design (plans, elevations, and specifications), preliminary construction schedule, and cost estimates.

IV.D.4.c. At 90% design: Project final design (plans, elevations, and specifications), refined cost estimates, and a final construction bid-ready package.

IV.D.5. Scheduling regular meetings and/or progress report submissions with the City’s Project Management Team.

IV.E. Responsibility of the City

IV.E.1. Establish requirements for the Consultant in the Contract, including any amendments or supplemental agreements to the Contract.

IV.E.2. Respond to inquiries or concerns on issues related to the project in a timely manner.

IV.E.3. Pay the Consultant for services properly rendered.

IV.E.4. Administer and monitor the Contract.

IV.E.5. Inspect the Consultant’s work.

IV.E.6. Audit the Consultant’s records.

IV.E.7. Comply with Federal, State, and local laws and regulations.

IV.F. Responsibility of the Consultant

IV.F.1. Meet performance targets for completion of the work.

IV.F.2. Communicate openly progress of the project and request feedback or decisions for inquiries or concerns.

IV.F.3. Assure the key individuals listed and identified to perform this project will not be substituted with other personnel or assigned off our project without City approval.

IV.F.4. Attend regularly-scheduled and special meetings with the City.

IV.F.5. Provide limited construction services for the duration of the construction project, not limited to: shop drawing review and approval; attendance at progress meetings and select site visits; final walk through and punch list creation; and review warranties and O&M manuals.

IV.F.6. Follow all applicable local, State, and Federal regulations.

IV.G. Payment Method & Invoices; and Insurance

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Payment method and invoice requirements are outlined in the City’s standard consultant agreement in Appendix E.

IV.H. Insurance

IV.H.1. Insurance requirements are outlined in the City’s standard consultant agreement in Appendix E.

IV.H.2. The Consultant shall require any and all subcontractors performing work under the Contract to carry insurance to the types and with limits of liability as the Consultant shall deem appropriate and adequate.

IV.H.3. The Consultant shall obtain and make available for inspection by the City upon request certificates of Insurance evidencing insurance coverage carried by such subcontractors.

IV.I. Claims

IV.I.1. If a claim is made against the Consultant as a result of any service performed under this contract, the Consultant must verbally notify the City with a complete and accurate description of the claim within twenty-four (24) hours of the submission of the claim to the Consultant. A written description of the claim must be submitted within forty-eight (48) hours of the submission of the claim to the Consultant.

IV.I.2. The City will notify the Consultant of any claims reported directly to the City within seventy-two (72) hours of receipt of the claim.

V. General Conditions V.A. Performance Requirement

V.A.1. The Consultant shall, at all times during the term of the Contract, perform all work diligently, carefully, and in a professional manner; and shall furnish all labor, supervision, material, and supplies necessary. Notwithstanding the provision of data by the City, the Consultant shall have the responsibility of supplying all items and details required to perform the services specified in this RFQ.

V.A.2. The Consultant shall conduct all work in the Consultant's own name and as an independent Consultant and not in the name of, or as an agent for, JTS.

V.A.3. The Consultant's performance of services shall be in accordance with this contract, and in accordance with the RFQ and the Consultant's proposal, all of which are hereby incorporated into this contract.

V.B. Subcontracting

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V.B.1. The Consultant will not enter into any subcontract except with the prior review and written approval of the City.

V.B.2. In any case in which the Consultant desires to subcontract, it shall provide the City with all proposed subcontracting agreements and documents, including scope of work and terms of compensation.

V.B.3. The Consultant shall be fully responsible for all work performed by any subcontractor.

V.B.4. Any approval of a subcontract shall not be construed as making the City a party to such subcontract, giving the subcontractor privity of contract with the City, or subjecting the City to liability of any kind to any subcontractor.

V.B.5. All subcontracts will incorporate in full all appropriate conditions and terms as set forth herein.

V.B.6. By entering into a subcontract, the Consultant shall not, under any circumstances, relieve the Consultant of its liability and obligations under the Contract and all transactions with the City must be through the Consultant.

V.C. Conflict of Interest

V.C.1. All employees of the Consultant shall comply with the City personnel policy manual policy referring to “Code of Ethics” (Appendix D).

V.C.2. All Employees of the Consultant shall not solicit, demand, or accept from any person anything of a pecuniary value for or because of any action taken or to be taken in the performance of their duties.

V.D. Organizational Conflict of Interest

Prior to entering into this Contract, the Consultant is required to inform the City of any real or apparent organizational conflict of interest. Such organizational conflict of interest exists when the nature of the work to be performed under a contract may, without some restriction on future activities, results in an unfair…