Request for Proposals - FWAE-001-27 - Civil Engineering Services for FILO.pdf

Solicitation No.: RFP-660-RFP 660 2700000061

Request for Proposal No.: FWAE-001-27

Issued by The Kentucky Department of Fish and Wildlife

Resources

Kyla Satterly Kentucky Department of Fish and Wildlife Resources

1 Sportsman’s Lane Frankfort, Kentucky 40601

Email: kyla.satterly@ky.gov

Request for Proposal For Civil Engineering Services Selection for

Fee In Lieu of (FILO) Potential Multiple Projects - CY 2027

Various Counties, Kentucky mailto:kyla.satterly@ky.gov

REQUEST FOR PROPOSALS

TO PROVIDE PROFESSIONAL SERVICES

Civil Engineering Services Selection for Fee In Lieu of (FILO) Potential Multiple Projects - CY 2027 Various, Kentucky

FWAE-001-27

Principal Design Professional: Civil Engineering Services

Project Name and Location: Civil Engineering Services Selection for Fee In Lieu of (FILO) Potential Multiple Projects - CY 2027 Various, Kentucky

Estimate Project Budget: $1,000,000 Design & Construction This RFP estimates that each region’s project(s) budget will be $1,000,000.00. However, this is based on current needs which could decrease or increase depending on Fees In Lieu of (FILO) and/or other factors.

Requested by: FILO

Questions Due: September 29, 2026, 12:00 PM (noon), ET

Response Deadline (Proposals Due): October 20, 2026, 12:00 PM (noon), ET

Short List Meeting (subject to change): November 6, 2026, 10:00 AM, ET Virtual Meeting

Interviews (subject to change): November 17, 2026, 9:00 AM, 10:00 AM, and 11:00 AM, ET In Person

If three or fewer firms submit responses to this RFP, all firms will be interviewed. The Shortlist and Interview dates may be moved.

Selection Process: SHORTLIST WITH INTERVIEWS - KRS 45A.825(8)

Selection Committee Members for this project: (Do NOT contact the Committee members)

Kentucky Department of Fish and Wildlife Resources Employee No. 1: Michael Scott Kentucky Department of Fish and Wildlife Resources Employee No. 2: Tom Burberry Kentucky Department of Fish and Wildlife Resources Employee No. 3: Brian Watson Kentucky Department of Fish and Wildlife Resources Employee No. 4: Emily Lawson Kentucky Department of Fish and Wildlife Resources Employee No. 5: Daniel Schulman At-Large: Lindsey Briggs Auditor of Public Accounts: Kamryn Sticklen

Requests for Information:

Kyla Satterly, Kentucky Department of Fish and Wildlife Resources Email: kyla.satterly@ky.gov

NOTICE: Any communication or discussion concerning this RFP with any Commonwealth of Kentucky personnel other than Amy Akers may result in the firm’s response to this Request for Proposal to be determined to be non-responsive.

PROJECT DESCRIPTION

The Kentucky Department of Fish and Wildlife Resources is seeking professional Civil Engineering services for Fee In Lieu of (FILO) and the Kentucky Department of Fish and Wildlife Resources (KDFWR) projects.

Scope

The selected vendor will provide services on multiple “in lieu of fee” mitigation and other KDFWR projects located in the listed geographical regions, but this does not guarantee work. The vendor may be used on a case-by-case basis. The selected firm must have the ability to provide all non-construction related services for in-lieu fee mitigation and other projects for the specified geographic regions depicted in attachments and listed below:

• North Region (Northern Kentucky, Lower Licking River, Lower Kentucky River, and Salt River FILO Service

Areas)

• East Region (Big Sandy River, Upper Licking River, and Upper Kentucky River FILO Service Areas)

• Southwest Region (Upper Cumberland River, Lower Cumberland River, Green River, and Jackson Purchase

FILO Service Areas) This RFP applies only to the areas listed above. Projects outside of the described geographic area are not covered as part of this RFP.

The project scope will include all items necessary to complete or maintain in-lieu fee mitigation and other projects except for construction. This will include but is not limited to the following:

• Site identification

• Coordination with stakeholders

• Property boundary surveys, preparation of plats and legal descriptions, and boundary marking

• Property and easement acquisition research

• Topographical surveys

• Legal services related to property and easement acquisition

• Temporary Construction Access Easements or similar

• Easement monitoring and compliance activities

• Utility relocation design

• Preparation of conceptual design plans

• Engineering design and plan preparation including modeling

• Data collection

• NEPA Coordination

• Section 106 (or similar) coordination with the State Historic Preservation Office (SHPO)

• Section 7 Endangered Species Act coordination

• Biological and Habitat Assessments, surveys, monitoring, and reporting

• All required permits and supporting documents including but not limited to 401 Water Quality Certification

(WQC) from Kentucky Division of Water (KDOW), Stream Construction Permit (Floodplain Permit) from KDOW, and Kentucky Pollutant Discharge Elimination System (KPDES) from KDOW, 404 Permits from U.S.

Army Corps of Engineers (USACE), Encroachment Permits from Kentucky Transportation Cabinet (KYTC), and/or local permits

• Presenting plans and concepts to regulatory agencies

• Construction oversight

• Non-construction related remedial or maintenance activities

• Adaptive Management Plan development

• Post construction monitoring and all related reports, coordination, and meetings

• Data management

• Other non-construction activities that may be required but not listed

The KDFWR is responsible for implementing stream and wetland mitigation to generate mitigation credit to off-set losses to aquatic and wetland habitat pursuant to the Clean Water Act (CWA) Section 404 as required and approved by the USACE. In-lieu fee mitigation projects and activities are funded from the Kentucky Wetland and Stream Mitigation Fund (KRS 150.255) and require approval by the USACE in coordination with the Interagency Review Team (IRT) composed of the KDOW, U.S. Environmental Protection Agency (EPA), and the U.S. Fish & Wildlife Service (USFWS).

Federal rules require that in-lieu fee mitigation projects be sustainable. The purpose of this RFP is to select a vendor to provide various services including designing sustainable stream and wetland mitigation projects that generate mitigation credit. There is an expectation that in-lieu fee mitigation projects will be designed to be stable to meet federal performance requirements. Federal rules also place expectations on delivery time for in-lieu fee projects therefore, there is an expectation that the vendor has the capacity to complete the tasks in a time efficient manner.

Design for each individual project will be expected to be delivered between 4-7 months, extensions to which will be allowable for permit review and approval, weather, seasonal issues, or as otherwise approved by the KDFWR. In-lieu fee mitigation projects generally include stream restoration, enhancement or preservation of high-quality areas, on ephemeral, intermittent, and perennial streams and adjacent wetlands. For in-lieu fee mitigation requirements please refer to the mitigation information on the USACE website at https://www.usace.army.mil/Missions/Civil-Works/Regulatory-Program-and-Permits/mitig_info/ or the KDFWR’s website at https://fw.ky.gov/Fish/Pages/Stream-and-Wetland-Restoration-Program.aspx .

Typical in-lieu fee mitigation stream sites may be entrenched, have limited access to a floodplain, lack riparian zone vegetation, lack aquatic habitat and have unstable grade control and banks that are contributing to sediment loads.

In-lieu fee mitigation projects typically involve restoration or enhancement of these types of streams back to a stable condition. The design phase of in-lieu fee mitigation projects may include several various tasks, which can vary with each project. The selected vendor will be responsible for determining the appropriate design for each individual mitigation project. In general, stream mitigation design may include but is not limited to completing a property or easement boundary survey with legal description, preparing a plat, filing a plat, gathering physical data from the mitigation project site including topographic surveys and contour mapping, fluvial geomorphology assessments, sediment transport consideration, calculations and consideration of shear stresses, design of stable channel(s) which may include structures such as cross vanes, j-hooks, constructed riffles and other structures, cross sectional and longitudinal profile information, and other data that is used to design stream geometry to create stable aquatic habitat. Streams with high sediment loads may require special analyses to determine sediment transport, scour, or shear stresses at various flows to ensure stability of the stream post construction.

Some in-lieu fee mitigation projects involve wetland establishment, restoration or preservation. Wetland establishment and restoration may be completed separately or as part of a stream restoration project. As with streams, in general, wetland mitigation design may include but is not limited to completing a property or easement boundary survey with legal description, preparing a plat, filing a plat, gathering physical data from the mitigation project site including topographic surveys and contour mapping, modeling surface water and groundwater, calculations and consideration of shear stresses, and other data that is used to design stable aquatic habitat.

Stream and wetland mitigation projects strongly depend on robust and native vegetation to complement designs.

Therefore, all projects will include a vegetative component, which will include assessing current vegetation and determining appropriate recommendations to support the design and project.

Some in-lieu fee mitigation projects involve preservation of high-quality stream or wetland habitat. These types of mitigation projects may or may not involve normal design engineering work. Much of the required work for these types of projects involves assessments to quantify mitigation credits and property related work to provide permanent protection.

The selected vendor may be used to perform tasks/services or other activities identified in the project scope to complete mitigation projects on an as needed basis. In-lieu fee projects may require that the vendor prepare all necessary permits to construct the project including any supporting analyses. Permits normally include:

• USACE Section 404 Permit

• KDOW WQC

• KDOW KPDES Permit,

• KDOW Stream Construction Permit (Floodplain Permit)

• Other (Local permits, municipal authorizations, etc.)

The preparation of the 404 permit will likely require jurisdictional determination or similar forms, determination of mitigation credits, preparation of Mitigation Plan, coordination with SHPO to comply with Section 106 (or similar) of the National Historic Preservation Act (NHPA) which could include Phase I Archaeological Survey and Cultural Resources Survey reports, and a Biological or Habitat Assessment for USFWS to comply with Section 7 of the Endangered Species Act (ESA). In-lieu fee projects may require that the vendor oversee construction and to monitor the project for compliance with the KDOW WQC and USACE 404 Permit for a minimum of 7 years for stream https://www.usace.army.mil/Missions/Civil-Works/Regulatory-Program-and-Permits/mitig_info/ https://fw.ky.gov/Fish/Pages/Stream-and-Wetland-Restoration-Program.aspx projects, 10 years for wetland projects, and possibly longer in certain circumstances. The KDOW “Stream Construction Permit” (Floodplain Permit) may require a HEC-RAS or other flood analysis. The development of in-lieu fee mitigation projects requires vendors to coordinate frequently with the KDFWR, other consultants, contractors, stakeholders, and regulatory agencies throughout the project. Designers will be expected to be responsible for meetings related to the project. Designers are likely expected to attend on-site kick-off meetings at the beginning of the project and at the construction phase. Designers will likely be responsible for effectively communicating design specifications, structure placement, or other design related items to contractors during construction.

The number of individual in-lieu fee mitigation projects that will be funded under this RFP has not been determined, and work is not guaranteed.

Scoring Method/Criteria The evaluation process is designed to award the contract resulting from this RFP, deemed by the KDFWR, as having the capacity to fully perform the requirements reliably and offering the best combination of attributes based upon the evaluation criteria, not the respondent offering the lowest cost.

The KDFWR intends to award the contracts to the highest ranking responsive and responsible vendors. However, the KDFWR reserves the right to reject any or all proposals in whole or in part and to waive informalities and minor irregularities in proposals received based on the best interest of the KDFWR. The two-step selection process defined herein will result in up to three (3) ‘on-call’ vendors for FILO projects assigned in the contract term, with one vendor per geographical region. Only vendors that prove qualified will be awarded. It is possible that not all geographical regions have awarded contracts. It is possible that a vendor could be awarded multiple geographical region contracts.

CONSULTANT TEAM COMPOSITION

The consultant team shall include, at a minimum, the following professional design Disciplines/Expertise.

Disciplines/Expertise may reside in one or multiple persons/firms. The consultant team may include other expertise in additional to that listed below.

• Civil Engineer

• Stream and Wetland Restoration Designer

• Aquatic Biologist

• Land Surveyor

• Attorney

INDICATION OF KENTUCKY REGISTRATION

This project requires the services of an Architect and/or Engineer registered in Kentucky. Respondents are to provide, in their response submittal, Kentucky Architectural Registration or Kentucky Board of Registration for Professional Engineers numbers for each Architect and/or Engineer that will be providing services for this project.

RESPONDENTS ARE TO PROVIDE REFERENCES

Respondents are to provide a minimum of three (3) references from similar projects per discipline listed in the Consultant Team Composition. A minimum of one (1) reference per discipline must be a current client. These references are to include name of project, address of project, description of project, date project completed, Construction amount, current contact person and phone number.

PROJECT SCHEDULE

Schedule to be confirmed during design:

The schedule will be determined on a project-by-project basis. Individual projects will be assigned from the date of award until December 31, 2027. This schedule may be extended at the discretion of the KDFWR.

SPECIAL NOTES

Respondent’s attention is called to the Requirement of Affidavits included in this RFP, must be submitted with each proposal. Failure to submit could result in your proposals not being scored.

A Federal Standard Form 330 Part II is not required to be on file but must be included in your proposal. The minimum submittal requirement is for a 330 Part II for the lead firm of the consultant team. A 330 Part II for each consultant team member is optional, but is often helpful to the Selection Committee in their review.

Use the latest version of the SF 330 Part II located at: Architect-Engineer Qualifications | GSA

REGISTRATION WITH SECRETARY OF STATE:

Domestic and foreign corporations shall be registered with the Kentucky Secretary of State and declared to be in “good standing” prior to award of contract. Offerors should verify status at the following website:

http://www.sos.ky.gov and click on “Business Services”. Failure to comply with this requirement within (5) days after notification may render your bid non-responsive.

REGISTRATION WITH SECRETARY OF STATE BY A FOREIGN ENTITY:

Pursuant to KRS 45A.480(1)(b), an agency, department, office, or political subdivision of the Commonwealth of Kentucky shall not award a state contract to a person that is a foreign entity required by KRS 14A.9-010 to obtain a certificate of authority to transact business in the Commonwealth (“certificate”) from the Secretary of State under KRS 14A.9-030 unless the person produces the certificate within fourteen (14) days of the bid or proposal opening. Therefore, foreign entities should submit a copy of their certificate with their solicitation response. If the foreign entity is not required to obtain a certificate as provided in KRS 14A.9-010, the foreign entity should identify the applicable exception in its solicitation response. Foreign entity is defined within KRS 14A.1-070.

For all foreign entities required to obtain a certificate of authority to transact business in the Commonwealth, if a copy of the certificate is not received by the contracting agency within the time frame identified above, the foreign entity’s solicitation response shall be deemed non-responsive or the awarded contract shall be cancelled.

Businesses can register with the Secretary of State at Kentucky Business One Stop

REGISTRATION with eMars (eProcurement):

In order to receive a contract in the State’s electronic procurement system (eMars/eProcurement), a vendor/contractor shall be registered to conduct business therein. Business entities not already registered may register by visiting the eProcurement website at (https://vss.ky.gov/ ) and complete the registration information.

The website has phone numbers and email addresses to facilitate answering any questions you may have with the registration or update process.

All documents related to this project other than the proposal submittal shall be submitted, transmitted, transferred, reviewed, approved or rejected, and/or otherwise processed using the Owner's Document Collaboration System (eCommunications) which is the Owner's web-based document collaboration system that shall be used by all project participants. No submission, transmittal, transfer, review, approval or processing shall be deemed Official without the use of this system.

PROPOSAL SUBMITTAL:

Proposals are only accepted electronically. Do NOT deliver or mail to the Bush Building as they will not be accepted. All forms in your proposal shall be completely filled out when your proposal is submitted. Proposals must be submitted electronically through eProcurement system in order to be accepted. Instructions are attached.

Consultants should load their Proposals under the corresponding RFP in order for it to be received. Proposers are encouraged to take a screen shot verifying proposal submittal. Only one proposal is to be submitted. This is a secure website, no one can see these proposals but the buyer. They are date and time stamped when submitted.

Consultants must upload their Proposal Documents as an attachment COMBINED into one PDF document to their Solicitation Response in order for it to be received. IF THE PROPOSAL IS NOT UPLOADED CORRECTLY, THE PROPOSAL WILL

BE DEEMED NON-RESPONSIVE.

Use single page PDF format for proposals. Do not use book/dual-page view. Do not include blank pages. Upload proposal as a single PDF file.

http://www.sos.ky.gov/ https://vss.ky.gov/

INSTRUCTIONS FOR SUBMISSION OF PROPOSALS TO PROVIDE PROFESSIONAL SERVICES COMMONWEALTH OF

KENTUCKY, KENTUCKY DEPARTMENT OF FISH AND WILDLIFE RESOURCES

I. STATUTORY AUTHORITY, PROCUREMENT REQUIREMENTS, AND INSTRUCTIONS:

Statutory Authority Selection of firms to provide professional services to the Commonwealth of Kentucky are governed by the provisions the Kentucky Revised Statutes, Section 45A from KRS 45A.800 to KRS 45A.835.

Procedural authority for this selection process can be found at KRS 45A.825 (7-9).

A copy of the applicable Kentucky Revised Statutes may be requested from the office and address listed in Section IX, herein.

The Instructions set forth herein are applicable only to selections for professional services sought by the Kentucky Department of Fish and Wildlife Resources, and do not include any professional services selections made by the Transportation Cabinet.

Procurement Requirements Procurement requirements are listed under “Procurement Laws, Preference, Regulations and Policies” and “Response to Solicitation” located on the eProcurement Web page at https://finance.ky.gov/eProcurement/Pages/procurement-laws-regulations-and-policies.aspx and https://finance.ky.gov/eProcurement/Pages/doing-business-with-the-commonwealth.aspx respectively. The vendor must comply with all applicable statutes, regulations and policies related to this procurement.

Access to Solicitation, RFP, and Addenda The KDFWR wants each prospective vendor to have full and complete information on which to base a proposal response. Only information presented or referred to in this RFP and any additional written information that is supplied by the KDFWR shall be used by vendors in preparing the response.

The solicitation, addenda, and attachments shall be posted to the Kentucky Vendor Self Service link at https://vss.ky.gov

It is not necessary to register to access the solicitation. Unregistered vendors can access solicitations by clicking on public access.

In the event of any conflict or variation between the solicitation or modification as issued by the KDFWR and the vendor’s response, the version as issued shall prevail.

Written Questions Regarding this RFP Written questions shall be submitted to the KDFWR Buyer via email at kyla.satterly@ky.gov. Vendors should submit questions by the date and time listed above. No questions shall be accepted after the date and time listed above unless the question(s) is considered material to the procurement. The KDFWR shall respond to salient questions in writing by issuing an addendum to the solicitation.

Vendor Response and Proprietary Information

The RFP specifies the format, required information, and general content of proposals submitted in response to the RFP. The KDFWR will not disclose any portions of the proposals prior to Contract Award to anyone outside the KDFWR, for whose benefit the contract is proposed, representatives of the Federal Government, if required, and the members of the evaluation committees. After a contract is awarded in whole or in part, the KDFWR shall have the right to duplicate, use, or disclose all proposal data submitted by vendors in response to this RFP as a matter of public record. Although the KDFWR recognizes the vendor's possible interest in preserving selected data which may be part of a proposal, the KDFWR must treat such information as provided by the Kentucky Open Records Act, KRS 61.870 et sequitur.

Informational areas which normally might be considered proprietary shall be limited to individual personnel data, customer references, selected financial data, formulae, and financial audits which, if disclosed, would permit an unfair advantage to competitors. If a proposal contains information in these areas that a vendor declares proprietary in nature and not available for public disclosure, the vendor should declare in the Transmittal Letter. The inclusion of proprietary information and shall noticeably label as proprietary each file containing such information. Proprietary information shall be submitted https://finance.ky.gov/eProcurement/Pages/procurement-laws-regulations-and-policies.aspx https://finance.ky.gov/eProcurement/Pages/procurement-laws-regulations-and-policies.aspx https://finance.ky.gov/eProcurement/Pages/doing-business-with-the-commonwealth.aspx https://vss.ky.gov/ separately and identified as “Proprietary Data”. Proposals containing information declared by the vendor to be proprietary, either in whole or in part, outside the areas listed above may be deemed non-responsive to the RFP and may be rejected.

Notification of Award of Contract The procurement process will provide for the evaluation of proposals and selection of the successful proposal in accordance with State law and regulations. KRS Chapter 45A of the Kentucky Model Procurement Code provides the regulatory framework for the procurement of services by State agencies.

All applicable statutes, regulations, policies, and requirements shall become a part of an award as well as the Information Technology requirements.

For additional award information, vendors may email the KDFWR Buyer.

Protest Any actual or prospective Contractor, who is aggrieved in connection with the RFB or selection for award of a Contract, may file a protest with the KDFWR Division of Administrative Services. A protest or notice of other controversy must be filed promptly and in any event within two (2) calendar weeks after such aggrieved person knows or should have known of the facts giving rise thereto. A bidder is presumed to have knowledge of the award of contract on the date of the email from the KDFWR Division of Administrative Services advising that the contract has been awarded. Bidders who require additional information about the award of the bid or bid documents must contact Melissa Trent at melissa.trent@ky.gov or:

Division of Administrative Services, Purchasing Branch Kentucky Department of Fish and Wildlife Resources #1 Sportsman’s Lane Frankfort, KY 40601

Only a Hearing Officer appointed by the Attorney General’s Office, or designee, has authority to determine protests and other controversies of actual or prospective Contractors in connection with the RFB or selection for award of a Contract. The Hearing Officer, appointed by the Attorney General’s Office, will promptly issue a decision in writing. A copy of that decision will be mailed or otherwise furnished to the aggrieved party and shall state the reasons for the action taken. The decision by the Hearing Officer, appointed by the Attorney General’s Office, shall be final and conclusive.

Vendor Notification – Ineligible for Award The KDFWR will not consider or evaluate any proposal submitted by a vendor when the vendor, the vendor’s employees, or agents, had any involvement, contribution or participation in the development, preparation or review of this RFP prior to its issuance. The vendors proposal will be deemed ineligible for award.

Past Vendor Performance Past vendor performance may be considered in the award of this Contract. Vendors with a record of poor performance in the last twelve (12) months may be found non-responsible and ineligible for award.

II. RESPONSIVENESS:

The mission of the selection process is to provide a uniform methodology for the Commonwealth of Kentucky to procure professional architectural and/or engineering services.

The purpose of seeking responses is to afford the members of the Selection Committee the opportunity to fairly evaluate and compare your firm’s qualifications with the project requirements. Selections will be determined through the unbiased and independent interaction of the members of the Committee. Therefore, it will be in your firm’s best interest to be specifically responsive to the requirements of this solicitation. Given the number of selections presently being made within a short period of time, it will be in your firm’s responsibility to carefully consider how to fulfill this requirement. To that end, the Selection Committee is asking the Respondents to submit a cover letter setting forth the Respondent’s interest, capabilities, talents and expertise in complying with the project requirements.

mailto:melissa.trent@ky.gov

The cover letter and Attachments are to be submitted and incorporated therein. The cover letter shall be using a minimum of 10 pt. Type and not exceeding four pages in length. This letter will serve as an introduction for the Selection Committee of the Respondent’s qualifications and capabilities. It is not meant to limit a Respondent’s submittal of other, supplementary and/or supporting information as described hereinafter. The imposed page limit will not be counted to include all Attachments, additional and/or supplementary information specifically sought by the Committee. Results of shortlist meeting and interviews will be sent by e-mail. Please include your e-mail address in your letter.

Respondents shall be limited to one (1) proposal per Respondent per Project. For the purposes herein, a “Respondent” means that legal entity which submits a proposal. Multiple Respondent proposals per Project will be deemed as being non-responsive.

The goal of the selection process is to match the requirements of the service to be provided with the most appropriate professional firm.

III. FIRM EXPERIENCE:

ATTACHMENT “A” - Provide a list of representative projects completed by your firm that would assist the Selection Committee’s consideration of the firm’s experience. While the number of projects presented is within your sole discretion, the list should focus on projects of similar scope and technical complexity sought by this solicitation. This list shall be appended to the cover letter and identified as Attachment “A”. The list of representative projects shall include the following specific information:

A. Project Name and Location:

B. Name and Address of Owner/Client:

C. Project Description (including cost, size and present status, i.e. completed, etc.)

D. Project Photographs E. Project Schedule

ATTACHMENT “A-1” - Provide a list of all FILO projects in the last 10 years with the following information. If the vendor does not have 10 years of FILO project history, please provide a list of all similar projects in the last 10 years or a combination of FILO and FILO-similar projects, but please include all FILO projects in those 10 years.

A. Project Name and Location B. Start of Design Date C. Construction Bid Date D. Explanation of Design Duration (if necessary)

IV. PERSONNEL AND EXPERIENCE:

ATTACHMENT “B” - Provide an explicit list of the proposed Project team that will be assigned to this Project, should your firm be selected. The list shall identify the principal in charge, project manager/captain, key professional and technical staff. The list shall include any special consultants and/or business entities that the submitting firm proposes to engage and use for the Project. This list shall be appended to the cover letter and identified as Attachment “B”. Individual resumes are to be included in the supplementary supporting information submitted by the responding firm and should be designed to demonstrate personal and professional qualifications, experience and training that would be germane to this Project. Provide a brief outline of each individuals anticipated duties relative to this Project.

Project team members identified in Attachment “B” shall include registration or certification number(s) or other information evidencing current professional licensure in the Commonwealth of Kentucky when law requires such licensing. Provide this information on the attached form entitled “Individual Registrations/Firm Permits”.

Additional relevant information may be submitted by the Respondent that might assist the Selection Committee in the assessment of your firm’s qualifications.

Any known, or anticipated, changes in the composition of the proposed Project team shall be made known to the

Selection Committee Administrator, in writing, prior to the completion of the selection process. Non-compliance with this requirement may be deemed as sufficient reason for disqualification.

ATTACHMENT “B-1” - The utilization of minority owned design professional firms is encouraged, wherever possible, in the selection of architects and/or engineers to provide design professional services to the Commonwealth.

To that end, respondents shall undertake a full good faith effort to identify and incorporate minority business enterprises (MBE) firms as a part of their proposed design professional team.

For assistance with identifying potential small business vendors or subcontractors, contact the Cabinet for Economic Development’s Procurement Assistance Program at ced.kpap@ky.gov or call (800) 838-3266.

For assistance in identifying minority design professional firms, respondents may contact the Office of Equal Employment Opportunity/Contract Compliance, Phone: 502-564-2874. For the purposes of this submittal requirement MBE firms are those firms that have been certified by one of the following:

• Small Business Connection - Welcome (kentucky.gov)

• Minority & Women Business Enterprise Certification Program - Finance and Administration Cabinet (ky.gov)

• Kentucky’s Service-Disabled Veteran-Owned Small Business Certification Program - Finance and Administration Cabinet

• Certified DBE Directory | KYTC

• Finance and Administration Cabinet, Office of EEO/Contract Compliance: email Finance.ContractCompliance@ky.gov or call 502-564-2874

• Dynamic Small Business Search | FAI.GOV

• Supplier Diversity Management System | Louisville MSD (diversitysoftware.com) mailto:ced.kpap@ky.gov mailto:Finance.ContractCompliance@ky.gov

Evidence of respondent’s full good faith efforts is to be submitted as ATTACHMENT “B-1” briefly setting forth what efforts were made to seek and obtain the participation of a minority owned design professional firm on their proposed team.

I. QUALIFICATION REQUIREMENTS

Respondent shall be a lawfully qualified to do business with and within the Commonwealth of Kentucky.

A Federal Standard Form 330 Part II is not required to be on file but must be included in your proposal. The minimum submittal requirement is for a 330 Part II for the lead firm of the consultant team. A 330 Part II for each consultant team member is optional, but is often helpful to the Selection Committee in their review.

Use the latest version of the SF 330 Part II located at: Architect-Engineer Qualifications | GSA

EQUAL EMPLOYMENT AND NONDISCRIMINATION

a. The Commonwealth of Kentucky is committed to a policy of providing equal job opportunities on public contracts and prohibiting discrimination based on race, creed, color, sex, age, religion, national origin, or disability in employment.

b. The utilization of minority Architects and Engineers and sub-consultants is encouraged, whenever possible, on public works contracts. For assistance in identifying minority consultants, respondents to this RFP may contact the Kentucky's Minority & Women Business Enterprise Certification Program, https://mwbe.ky.gov/.

c. Unless exempted in accordance with KRS 45.590, the provisions of KRS 45.560 to 45.640, known as the Kentucky Equal Employment Act of 1978, shall be binding upon the selected Architect-Engineer and the resulting contract shall contain the provisions set out at KRS 45.570(2).

d. Any respondent not exempted from the affirmative action or reporting requirements of KRS 45.560 to 45.640 shall, within five (5) calendar days after being selected submit to the Office of Equal Employment Opportunity and Contract Compliance, Finance and Administration Cabinet, through the purchasing agency, the information required by KRS 45.600, on forms provided by the purchasing agency, and submitted in the manner prescribed on the forms.

II. SUPPLEMENTAL INFORMATION SUBMITTAL:

In order to give each candidate firm equal and fair opportunity for consideration by the Selections Committee, please supply the following specific information as part of your Project submittal:

ATTACHMENT “C” - Address of the office(s) where the principal amount of Work of this Project will be performed.

Brief description and percentage of the work product that will be performed in-house by the Respondent.

Brief description and percentage of the work product that will be performed by others, not in-house.

Concise and succinct evidence of the Respondent’s present manpower utilization, and/or a brief statement how the manpower requirements of this solicitation would be met.

A complete listing of the following workload:

E.1. Current contracts with the Commonwealth of Kentucky, Kentucky Department of Fish and Wildlife Resources. Response is for Respondent firm only and does not include Consultants. (Include Project Name, Scope and present status of the Project.)

E.1. Commonwealth of Kentucky contracts within the previous two years. Response is for Respondent firm only and does not include Consultants. (Include Project Name, Scope and present status of the Project.)

E.2. Contracts with other design consultants as a retained Consultant on Commonwealth of Kentucky

Contracts held by others for the above time periods. (Include Project Name, Scope and present status of the Project.)

I. Access to Records

The contractor, as defined in KRS 45A.030 (9) agrees that the contracting agency, the Kentucky Department of Fish and Wildlife Resources, the Auditor of Public Accounts, and the Legislative Research Commission, or their duly authorized representatives, shall have access to any books, documents, papers, records, or other evidence, which are directly pertinent to this contract for the purpose of financial audit or program review. Records and other prequalification information confidentially disclosed as part of the bid process shall not be deemed as directly pertinent to the contract and shall be exempt from disclosure as provided in KRS 61.878(1)(c). The contractor also recognizes that any books, documents, papers, records, or other evidence, received during a financial audit or program review shall be subject to the Kentucky Open Records Act, KRS 61.870 to 61.884.

In the event of a dispute between the contractor and the contracting agency, Attorney General, or the Auditor of Public Accounts over documents that are eligible for production and review, the Kentucky Department of Fish and Wildlife Resources shall review the dispute and issue a determination.

II. REQUIRED AFFIDAVIT FOR BIDDERS, OFFERORS AND CONTRACTORS:

Respondent’s attention is called to the Requirement of Affidavits included in this RFP, must be submitted with each proposal. Failure to submit could result in your proposals not being scored.

III. RECIPROCAL PREFERENCE FOR KENTUCKY RESIDENT BIDDERS:

Best Value scoring is subject to Reciprocal preference for Kentucky resident bidders and Preferences for a Qualified Bidder or the Department of Corrections, Division of Prison Industries (KAR 200 5:410).

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

As used in KRS 45A.490 to 45A.494:

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

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

KRS 45A.492 Legislative declarations.

The General Assembly declares:

(1) A public purpose of the Commonwealth is served by providing preference to Kentucky residents in contracts by public agencies; and

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

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

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

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

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

b. Has for one (1) year prior to and through the date of the advertisement, filed Kentucky corporate income taxes, made payments to the Kentucky unemployment insurance fund established in KRS 341.490, and maintained a Kentucky workers' compensation policy in effect (Pursuant to KRS 45A.480, the Commonwealth of Kentucky may not contract with any person not in compliance with Kentucky’s KRS Chapter 342 workers’ compensation insurance requirements)

(2) A nonresident bidder is an individual, partnership, association, corporation, or other business entity that does not meet the requirements of subsection (2) of this section.

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

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

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

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

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

The reciprocal preference as described in KRS 45A.490-494 above shall be applied in accordance with 200 KAR 5:400.

Determining the residency of a bidder for purposes of applying a reciprocal preference

Any individual, partnership, association, corporation, or other business entity claiming resident bidder status shall submit along with its response the attached Required Affidavit for Bidders, Offerors, and Contractors Claiming Resident Bidder Status. The BIDDING AGENCY reserves the right to request documentation supporting a bidder’s claim of resident bidder status. Failure to provide such documentation upon request shall result in disqualification of the bidder or contract termination.

A nonresident bidder shall submit, along with its response, its certificate of authority to transact business in the Commonwealth as filed with the Commonwealth of Kentucky, Secretary of State. The location of the principal office identified therein shall be deemed the state of residency for that bidder. If the bidder is not required by law to obtain said certificate, the state of residency for that bidder shall be deemed to be that which is identified in its mailing address as provided in its bid.

Preferences for a Qualified Bidder or the Department of Corrections, Division of Prison Industries (KAR 200 5:410).

Pursuant to 200 KAR 5:410, and KRS 45A.470, Kentucky Correctional Industries will receive a preference equal to twenty (20) percent of the maximum points awarded to a bidder in a solicitation. In addition, the following “qualified bidders” will receive a preference equal to fifteen (15) percent of the maximum points awarded to a bidder in a solicitation: Kentucky Industries for the Blind, any nonprofit corporation that furthers the purposes of KRS Chapter 163 and any qualified nonprofit agencies for individuals with severe disabilities as defined in KRS 45A.465(3). Other than Kentucky Industries for the Blind, a bidder claiming “qualified bidder” status shall submit along with its response to the solicitation a notarized affidavit which affirms that it meets the requirements to be considered a qualified bidder- affidavit form included. If requested, failure to provide documentation to a public agency proving qualified bidder status may result in disqualification of the bidder or contract termination.

I. RESPONSE FORMAT, TIME AND PLACE:

One copy of the responses shall be complete and submitted to:

eProcurement – Instructions are attached.

Time will be local Frankfort, Kentucky time on the date established as the Response Deadline on the cover page of this solicitation. Any submittals received after the end of the solicitation period will not be given consideration.

II. RESPONSE EVALUATION CRITERIA:

All proposal responses will be afforded equal consideration by the members of the Architectural/ Engineering Selection Committees as created by KRS 45A.810.

The Selection Committee will review your firm’s previously submitted qualifications for firm size, organization, professional capabilities, location(s), workload(s) and general experience.

All proposals received will be evaluated using a numerical rating system designed to afford each Selection Committee member a reasonable, individual, objective standard to equate the qualifications of the Respondents.

Criteria for evaluation is included in 301KAR11:020, Section 1 An evaluation form is included herein for your review.

Evaluation factors will include the reciprocal preference for resident bidders as required by KRS 45A.494.

Each Selection Committee member will review, consider, evaluate and assign a numerical score to each proposal.

All proposals will be graded, then the three highest numerical scores will be ranked in order with the Respondent having the highest score in first place, the second highest score in second place, followed by the third highest score.

Each Committee Member shall then indicate, in writing, their choices for first, second and third place. Each named first choice firm will receive three points followed by each second choice firm receiving two points and each third choice firm receiving one point.

The selection process will then follow either KRS 45A.825 (7) – Short Listing Without Interviews or KRS 45A. 825(8) – Short Listing With Interviews.

Short Listing Without Interviews - KRS 45A.825(7): The Committee shall then determine which firm received the highest score based on the points associated with the ranking of each members first, second and third choices. The Committee will notify the Director of Engineering, Infrastructure, and Technology of the firm receiving the highest score and the Director of Engineering, Infrastructure, and Technology shall then begin negotiations with the top-ranked firm.

Short Listing With Interviews - KRS45A.825(8): The Committee shall then determine the firms receiving the three highest scores based on the points associated with the ranking of each members first, second and third choices. The Committee will reconvene at a second executive session meeting to interview the three finalists. The finalists will be interviewed as prescribed by the statute and each Committee member rank the firms in the same two-tiered scoring described above.

KRS 45A.825 (9) & KRS 45A.825 (10) set forth the remaining steps in the selection process.

Short List Scoring Criteria Step-one of the selection process will consist of the Selection Committee scoring all vendor’s complete proposals based on the following scoring criteria:

Total/ 100

1. Experience and Ability: Civil Engineer/10

a. These are examples of content to be scored under this section that aren’t necessarily distributed evenly or prioritized in this order:

i. Experience of key personnel that will be assigned to the project, including principal in charge, project manager, other key professional and technical staff.

ii. Previous projects completed by the firm similar to the proposed project.

iii. Types of projects on which the firm or key personnel have been the prime design professional or provided significant professional design services.

iv. Qualifications of the proposed project team.

v. Volume of design work in the last two (2) years.

2. Experience and Ability: Stream and Wetland Restoration Designer/ 15

a. These are examples of content to be scored under this section that aren’t necessarily distributed evenly or prioritized in this order:

i. Experience of key personnel that will be assigned to the project, including principal in charge, project manager, other key professional and technical staff.

ii. Previous projects completed by the firm similar to the proposed project.

iii. Types of projects on which the firm or key personnel have been the prime design professional or provided significant professional stream and wetland design services.

iv. Qualifications of the proposed project team.

v. Volume of stream and wetland design work in the last two (2) years.

3. Experience and Ability: Aquatic Biological Services / 12

a. These are examples of content to be scored under this section that aren’t necessarily distributed evenly or prioritized in this order:

i. Experience of key personnel that will be assigned to the project, including principal in charge, project manager, other key professional and technical staff.

ii. Previous projects completed by the firm similar to the proposed project.

iii. Types of projects on which the firm or key personnel have been the prime biological professional or provided significant professional biological services.

iv. Qualifications of the proposed project team.

v. Volume of biological work in the last two (2) years.

4. Experience and Ability: Land Surveyor / 5

a. These are examples of content to be scored under this section that aren’t necessarily distributed evenly or prioritized in this order:

i. Experience of key personnel that will be assigned to the project, including principal in charge, project manager, other key professional and technical staff.

ii. Previous projects completed by the firm similar to the proposed project.

iii. Types of projects on which the firm or key personnel have been the prime survey professional or provided significant professional survey services.

iv. Qualifications of the proposed project team.

v. Volume of survey work in the last two (2) years.

5. Experience and Ability: Attorney / 5

a. These are examples of content to be scored under this section that aren’t necessarily distributed evenly or prioritized in this order:

i. Experience of key personnel that will be assigned to the project, including principal in charge, project manager, other key professional and technical staff.

ii. Previous projects completed by the firm similar to the proposed project.

iii. Types of projects on which the firm or key personnel have been the prime legal professional or provided significant professional legal services.

iv. Qualifications of the proposed project team.

v. Volume of legal work in the last two (2) years.

6. Past Performance / 30

a. In…