RFP_PWDA-260009-SM_RFP_for_University_Ave_(SR26)_Engineering_Services.pdf

PROPOSAL COVER PAGE (CCNA)

This page must be completed and uploaded to OpenGov.com with your Submittal.

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Procurement Division

(352) 334-5021(main)

Issue Date: 7/10/2025

REQUEST FOR PROPOSALS: PWDA-260009-SM

University Ave (SR 26) Engineering Services (Federal Funds)

PRE-PROPOSAL MEETING: ☐ Non-Mandatory ☐ Mandatory ☒ N/A ☐ Includes Site Visit

Legal ad (Mainstreet Daily) publish date: 7/16/25

QUESTION SUBMITTAL DUE DATE: 7/31/25

DUE DATE FOR UPLOADING PROPOSAL: Monday, 8/18/25 at 3:00PM

SUMMARY OF SCOPE OF WORK: City of Gainesville is seeking proposals from licensed professionals (hereinafter, referred to as consultant) to provide engineering services for University Ave (SR 26) from NW 34 th St to SE 31st Street. The initial phase of work will occur from Waldo Rd (SR 24) to SE 31st Street.

For questions relating to this solicitation, contact: Sheri Manning, at mannings1@cityofgainesville.org

Consultant is not in arrears to City upon any debt, fee, tax or contract: □ Consultant is NOT in arrears □ Consultant IS in arrears Consultant is not a defaulter, as surety or otherwise, upon any obligation to City: □Consultant is NOT in default □Consultant IS in default Consultant who receive this solicitation from sources other than City of Gainesville Procurement Division or OpenGov.com MUST contact the Procurement Division prior to the due date to ensure any addenda are received in order to submit a responsible and responsive offer.

Uploading an incomplete document may deem the offer non-responsive, causing rejection.

ADDENDA ACKNOWLEDGMENT: Prior to submitting my offer, I have verified that all addenda issued to date are considered as part of my offer: Addenda received (list all) #______________________________________

Legal Name of Consultant: ________________________________________________________________________

DBA: _______________________________________________________________________________________

Authorized Representative Name/Title: ____________________________________________________________

E-mail Address: _______________________________________ FEIN: ______________________________

Street Address: _______________________________________________________________________________

Mailing Address (if different): ___________________________________________________________________

Telephone: (______) _______________________ Fax: (______) _______________________

By signing this form, I acknowledge I have read and understand, and my business complies with all General Conditions and requirements set forth herein; and,

□ Proposal is in full compliance with the Specifications.

□ Proposal is in full compliance with the Specifications except as specifically stated and attached hereto.

SIGNATURE OF AUTHORIZED REPRESENTATIVE: ____________________________________________________

SIGNER’S PRINTED NAME: ____________________________________________ DATE: _______________________

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PART 1 – REQUEST FOR PROPOSALS INFORMATION

Thank you for your interest in working with the City of Gainesville.

Pertinent information and required documents regarding this solicitation as part of a responsive offer are listed below:

BID COVER PAGE 1

PART 1 – REQUEST FOR PROPOSALS INFORMATION

PART 2 – SCOPE OF WORK

PART 3 – HOW TO SUBMIT A PROPOSAL

PART 4 – EVALUATION PROCESS

PART 5 – SELECTION PROCESS

PART 6 – AWARD

PART 7 – GENERAL INFORMATION

PART 8 – AGREEMENT

PART 9 – EXHIBITS

PART 10 – NO RESPONSE SURVEY

1.1 DISTRIBUTION OF INFORMATION

The City posts and distributes information pertaining to its procurement solicitations on OpenGov (www.OpenGov.com). The City has transitioned from accepting hard (paper) copy submittals to accepting submittals through “E-Bidding”. In order to submit a proposal response to this solicitation the consulant must be registered with OpenGov.

It is the responsibility of the consultant to monitor OpenGov. Properly registered consultants can expect to receive automatic notification of solicitations for bids and proposals, by participating purchasing entities. Consultants failure to retrieve available, required procurement information from OpenGov and include the appropriate documentation and information in solicitation responses may result in disqualification.

1.2 PRE-PROPOSAL MEETING/QUESTIONS/CLARIFICATIONS

If scheduled (refer to Proposal Cover Page), attending a pre-proposal meeting is strongly recommended as the project’s scope of work, procedures, and specifications will be discussed at this time. It is the only time during this RFP process that consultants may ask questions directly of the end user.

If special accommodations are needed in order to attend a pre-proposal meeting, please contact the Procurement Division at least 72 hours in advance. □

All questions that occur outside of the pre-proposal meeting must be submitted to Procurement only, and must be received by the date indicated on the Proposal Cover Page to be considered. Technical and/or specification questions will not be answered over the phone; they must be submitted by email directed to the Procurement Specialist conducting the solicitation (refer to Proposal Cover Page). All questions will be answered via Addendum which will be posted on OpenGov.com for consultant access. All addenda must be acknowledged by the consultant on the Proposal Cover Page.

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All meetings and submittal deadlines are Eastern Time (ET).

1.3 RFP TIME TABLE

The anticipated schedule for the RFP and contract approval is as follows:

RFP available for distribution 7/10/2025

Pre-Proposal Meeting N/A

Deadline for receipt of questions 7/31/2025

Deadline for uploading of proposals 8/18/2025 (3:00p.m. local time)

Evaluation/Selection process Week of 8/25/2025

Oral presentations, if conducted Week of 9/8/2025

Projected award date September/October 2025

All dates are subject to change. Consultants will be notified via Addendum posted in OpenGov.com in event of any schedule change.

1.4 PROHIBITION OF LOBBYING

To ensure fair consideration, consistent and accurate dissemination of information for all consultants, the City prohibits communication to or with any department, employee, or agent evaluating or considering proposals during the submission process, except as authorized by the Procurement Division representative. Additionally, the City prohibits communication initiated by a consultant to any city official or employee evaluating or considering the proposals (up to and including the City Commissioners) before the time an award decision has been made. Any communication between consultant and the City required to obtain information or clarification for preparing a proposal or to enable a proper, accurate evaluation of a proposal will be handled solely through the Procurement Division staff. Any communications initiated between the consultant and the City outside these parameters may be grounds for disqualifying the offending consultant from consideration for award of the proposal and/or any future proposal.

1.5 CONE OF SILENCE

During the Cone of Silence (formerly called Blackout period) as defined in the next paragraph, except as pursuant to an authorized appeal, no person may lobby (as defined in section 1.4), on behalf of a competing party in a particular procurement process, City officials or employees except the Procurement designated staff contact in the Procurement division. Violation of this provision shall result in disqualification of the party on whose behalf the lobbying occurred.

The Cone of Silence is the period between the issue date of the RFP, which allows for immediate submittals to the City of Gainesville Procurement Division for the Request for Proposals and the time the City Officials and Employee awards the contract.

1.6 DETERMINATION OF RESPONSIBILITY OF CONSULTANTS

The specific qualifications of consultants for this specific Request for Proposals are included in Part 3, 3.2 Consultant Qualifications. Consultants must also demonstrate that it is responsible as defined in the City of Gainesville’s Pro-01 Procurement Administrative Guidelines, Section V.C.2.ii., as may be amended.

As a part of the proposal evaluation process, City reserves the right to conduct a background investigation of consultant, including a record check by the Gainesville Police Department if the qualifications require it. Consultant submission of a proposal constitutes acknowledgment of the process and consent to such investigation.

No contract will be awarded to, any proposer who is in arrears to City upon any debt, fee, tax or contract, or who is a defaulter, as surety or otherwise, upon any obligation to City, or who is otherwise determined to be not responsible by City pursuant to Section V.C.2.ii., Pro-01 Procurement Administrative Guidelines, following:

These criteria consider the consultant’s capability to perform:

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a) The ability of the consultant to successfully carry out a proposed contract.

b) Past performance (including reference check), experience, business and financial capabilities, skills, technical organization, legal eligibility and reliability.

c) Current litigation pending between the consultant and the City.

d) Consultant has paid all debts owed to the City.

e) Consultant possesses all required licenses.

If it is determined that the consultant is not responsible, City will notify consultant of its finding, including evidence used, and allow consultant the opportunity to come into compliance within three (3) business days of notification.

Successful Consultant must either update or complete City’s vendor application, pay business tax (if applicable), and register with the State of Florida. Please be advised that the City Attorney’s office will not approve a contract with any consultant unless the corporation or partnership is registered with the Division of Corporations with the State of Florida (www.sunbiz.org).

1.7 RESPONSIVENESS OF PROPOSAL

Each proposal will be reviewed to determine if the proposal is responsive to the submission requirements outlined in the RFP.

A responsive proposal is one which follows the requirements of the RFP, includes all required documentation, is submitted in the format outlined in the RFP, is of timely submission (via upload to OpenGov.com), and has the appropriate signatures as required on each document. Failure to comply with these requirements may deem the proposal non-responsive (see Section V.C.2.i. of the Pro-01 Procurement Administrative Guidelines).

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PART 2 – SCOPE OF WORK

2.1 GENERAL DESCRIPTION

The City of Gainesville (hereafter “City”) is requesting the submission of proposals from qualified engineering firms for transportation projects.

2.2 SCOPE OF SERVICES

2.2.1 Generally: Contract(s) awarded under this RFP are defined as on-call continuing services agreements where performance of the scope is for an undefined number of projects. Task work order for detailed project scope of services shall be issued as needed. This RFP is for state or federally funded projects (partially or fully) by any federal or state agency; it is anticipated the majority of the work will have FHWA funds administered via direct funding to the City and via FDOT thru LAP. Task work orders shall only be issued to the estimated construction cost for each individual project cost, or for a study activity cost, do not exceed the thresholds listed in Florida’s “Consultant’s Completive Negotiation’s Act” or as revised by the Florida Legislature.

2.2.2 Project Scope and Schedule: Design & post design implementation of the PD&E for the reconstruction of University Ave between NW 34th Street and NE 31st Street as a complete street, emphasizing safety, movement and accessibility of cyclist and pedestrians in accordance with the preferred design outcomes of the PD&E for the corridor. The limits of the work may be split under multiple work orders under the awarded contract(s) as funding allows. Pavement design, ADA compliance, traffic control determination & design for new-midblock crossings and FDOT permitting will also be required. All work shall be completed in accordance with FDOT policies, procedures and regulations including but not limited to the Florida Design Manual, FDOT LAP Manual (Class A requirements), FDOT Standard Plans and FDOT Standard Specifications. Additionally, all work shall comply with all requirements of the USDOT Safe Streets for All Implementation Grant Program.

2.2.2.1 Commence design phase: January 2026

2.2.2.2 Finalize design phase: December 2026

2.2.2.3 Commence Post Design/Construction Phase: July 2027

2.2.2.4 Finalize Post Design/Construction Phase: December 2028

2.2.2.5 Construction Estimate including CEI: $10 million

2.2.3 Final Deliverables:

2.2.3.1 Design Phase: Survey and final design plans and reports for the project scope.

2.2.3.2 Post Design Phase: Plan revisions (non-error & omission items) and contractor submittal reviews.

2.3 CONSULTANT MINIMUM QUALIFICATIONS

2.3.1 Provide a professional team consisting of a prime consultant and sub-consultants pre-qualified to perform work in all of the following groups/types per Chapter 14-75 Florida Administrative Code. The prime consultant shall be qualified in each of the bold work groups/types at a minimum and each sub-consultant shall be qualified in a minimum of one work group/type. The prime consultant and each sub-consultant shall provide a copy of their current pre-qualification letter with the proposal package to be considered responsive. The prime consultant and each sub-consultant shall maintain their qualification throughout the duration of the contract.

2.3.1.1 Group 3 – Highway Design - Roadways.

2.3.1.1.1 Type 3.1: Minor Highway Design

2.3.1.1.2 Type 3.2: Major Highway Design

2.3.1.2 Group 6: Traffic Engineering and Operations Studies

2.3.1.2.1 Type 6.1: Traffic Engineering Studies

2.3.1.2.2 Type 6.2: Traffic Signal Timing

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2.3.1.3 Group 7: Traffic Operations Design

2.3.1.3.1 Type 7.1: Signing, Pavement Marking and Channelization

2.3.1.3.2 Type 7.2: Lighting

2.3.1.3.3 Type 7.3: Signalization

2.3.1.4 Group 8: Surveying and Mapping

2.3.1.4.1 Type 8.1: Control Surveying

2.3.1.4.2 Type 8.2: Design, Right of Way and Construction Surveying

2.3.1.4.3 Type 8.3: Photogrammetric Mapping

2.3.1.4.4 Type 8.4: Right of Way Mapping

2.3.1.5 Group 9: Soil Exploration, Material Testing and Foundation

2.3.1.5.1 Type 9.1: Soil Exploration

2.3.1.5.2 Type 9.2: Geotechnical Classification Lab Testing

2.3.1.5.3 Type 9.3: Highway Materials Testing

2.3.1.5.4 Type 9.4: Foundation Studies

2.3.1.5.5 Type 9.5: Geotechnical Specialty Lab Testing

2.3.1.6 Group 15: Landscape Architect

2.3.2 Consultant’s business shall demonstrate personnel and equipment support necessary for the completion of the requested engineering services in a timely and efficient manner.

2.3.3 Consultant’s business shall demonstrate that it complies with all applicable State and Federal professional licensing laws.

2.3.4 By submitting a proposal, the consultant’s business certifies that it has fully read and understands the RFP and has full knowledge of general scope, nature, and quality of the work to be performed, the general requirements of the services to be provided, and the conditions under which the services are to be performed.

2.4 CITY RESPONSIBILITY

2.4.1 The City will be responsible to the selected consultant(s) for the following tasks:

2.4.1.1 Monitoring consultant’s progress for contract compliance.

2.4.1.2 Provide information concerning project which is available in City files.

2.4.1.3 Inform the Consultant of any known City design parameters or requirements.

2.4.1.4 Payment to the Contractors and Consultants in accordance with Florida’s Prompt Payment Act

2.4.1.5 Responsive to questions in a timelty manner.

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PART 3 – HOW TO SUBMIT A PROPOSAL

Instructions to consultants: Proposals must contain each of the documents listed below; each fully completed, signed, and notarized as required. Required signatures for proposal forms may be applied using electronic signature software (i.e., DocuSign, Adobe Sign, etc.). Proposals submitted which do not include the following items may be deemed non-responsive and may not be considered for contract award.

3.1 PROPOSAL FORMAT

Project Understanding and Approach: Describe your understanding of the objectives and scope of the requested services and your general approach to such. Include a general time frame for being able to provide the services contained in this

RFP.

Proposed Project Staff: Identify the key personnel who will be directly assigned to this project. State the qualifications and related experience of each member of the proposed project team of engineers and professionals.

Qualifications of Firm: Provide pertinent information about the firm and related experience with similar projects. In addition, the firm should identify its total number of technical and professional personnel by discipline and training and further describe the total workload during the project period. Indicate what resources (professional and technical time) the firm would have available to allocate to the project.

3.2 CONTENT OF PROPOSAL

Required Documents:

The following documents are required to be included in the consultant’s submission:

a. RFP Cover Page

b. Address each Minimum Qualification

c. Provide a Statement of all Qualifications that will communicate the capabilities of the consultant to successfully complete the project

d. Consultant Verification Form

e. Consultant’s W-9

f. Copy of any applicable, current licenses and/or certifications required by City/County/State

g. Exceptions to the RFP (refer to Part 3, 3.5 Exception to the RFP)

h. Investigation of Alleged Wrongdoings, Litigation/Settlements/Fines/Penalties

i. FDOT form 375-030-32 – Certification Regarding Debarment, Suspension, Ineligibility and Voluntary

Exclusion-Lower Tier Covered Transactions for Federal Aid Contracts

j. FDOT form 375-030-33 - Certification for Disclosure of Lobbying Activities on Federal-Aid Contracts

k. FDOT form 375-030-34 - Disclosure of Lobbying Activities

l. FDOT form 375-030-83 – Professional Services Commitment Form

3.3 PROPOSAL SUBMISSION INSTRUCTIONS

The proposal response, containing all required documents, with authorized signatures, must be received by 3:00 p.m.

on the due date indicated on the Proposal Cover Page for this project. The consultant’s complete pdf response must be uploaded into OpenGov.com prior to the 3:00 p.m. deadline. This platform will not accept late submittals.

Upload proposal response as a pdf formatted document only, unless the solicitation states otherwise. The pdf document should be titled with consultant’s name, proposal number, and, if the response is submitted in parts, include “Part # of x”.

Modifications to or withdrawal of a consultant’s submittal can be made up to the deadline date. Modifications and withdrawals must be documented in OpenGov.com in order to be recognized by the City. Any proposal not withdrawn will constitute an irrevocable offer, for a period of one hundred twenty (120) days, to provide the City adequate time to award the Contract for the services specified in this solicitation.

The response must be signed by an officer of the business who is legally authorized to enter into a contractual relationship in the name of the consultant. An authorized representative who is not an officer may sign the proposal, but must attach a corporate resolution granting authorization to the representative to execute on behalf of the business.

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The submittal of a proposal by a consultant will be considered by the City as constituting an offer by the consultant to perform the required services.

3.4 DISCLOSURE AND CONFIDENTIALITY

Florida’s Public Records Law, Chapter 119, Florida Statutes, includes numerous exemptions to the general requirement to disclose information to the public in response to a public record’s request. Exemptions are found in various provisions of the Florida Statutes, including but not limited to Section 119.071, Florida Statutes (General exemptions from inspection or copying of public records), and Section 119.0713, Florida Statutes (Local government agency exemptions from inspection or copying of public records). Section 815.045, Florida Statutes (Trade secret information), provides that trade secret information as defined in Section 812.081, Florida Statutes (Trade secrets; theft, embezzlement; unlawful copying; definitions; penalty) is confidential and exempt from disclosure because it is a felony to disclose such records. The Parties understand and agree that Florida’s Public Records Law is very broad and that documents claimed by a Party to be confidential and exempt from public disclosure pursuant to the Public Records Law may in fact not be deemed such by a court of law. Accordingly, the following provisions shall apply:

(i) Identifying Trade Secret or Otherwise Confidential and Exempt Information. For any records or portions thereof that consultant claims to be Trade Secret or otherwise confidential and exempt from public disclosure under the Public Records Law, consultant shall:

a. Specifically identify the records or specific portions thereof that are confidential and exempt and reference the particular Florida Statute that grants such status. Provide one redacted copy of the record and one copy of the record with the confidential and exempt information highlighted as outlined in items 1 and 2 on the following page.

Consultant shall take care to redact only the confidential and exempt information within a record.

b. Provide an affidavit or similar type of evidence that describes and supports the basis for Consultant’s claim that the information is confidential and exempt from public disclosure.

(ii) Request for Trade Secret or Otherwise Confidential and Exempt Information.

a. In the event City receives a public records request for a record with information labeled by consultant as Trade Secret or otherwise as confidential and exempt, City will provide the public record requester with the redacted copy of the record and will notify consultant of the public records request.

b. However and notwithstanding the above, in the event that City in its sole discretion finds no basis for consultant’s claim that certain information is Trade Secret or otherwise confidential and exempt under Florida’s Public Records Law, then City shall notify consultant in writing of such conclusion and provide consultant a reasonable amount of time to file for declaratory action requesting a court of law to deem the requested information as Trade Secret or otherwise as confidential and exempt under Florida’s Public Records Law. If consultant fails to file for declaratory action within the reasonable amount of time provided, then City will disclose the information requested.

c. If a public records lawsuit is filed against CITY requesting public disclosure of the information labeled by consultant as Trade Secret or otherwise as confidential and exempt, CITY shall notify consultant and consultant shall intervene in the lawsuit to defend the nondisclosure of such information under Florida’s Public Records Law.

d. Consultant hereby indemnifies and holds CITY, its officers and employees harmless from any and all liabilities, damages, losses, and costs of any kind and nature, including but not limited to attorney’s fees, that arise from or are in any way connected with consultant’s claim that any information it provided to CITY is Trade Secret or otherwise confidential and exempt from public disclosure under Florida’s Public Records Law.

How to Designate Trade Secret or Otherwise Confidential and Exempt Information If a consultant believes that its response contains trade secret or otherwise confidential and exempt information (as defined by Florida or Federal law) and should be withheld from disclosure to the public, in such cases the consultant must provide a redacted copy of the proposal for public access.

Redacted means that the confidential/proprietary information in the proposal has been obscured so that it cannot be read.

Unredacted means that the entire document, including the confidential/proprietary information, has not be obscured and is visible for the evaluation team to use in their evaluation process.

1. Upload a pdf version response of the complete UNREDACTED proposal. Include “UNREDACTED, CONFIDENTIAL” in document title. This is the version that will be used by the evaluators when they are reviewing your proposal. It is essential that the items that will be redacted are highlighted in yellow to prevent the evaluation team from discussing these items after the award. The first page of the document for the unredacted document should provide a

E-Bidding Document - RFP (CCNA) - Page 9 of 69 general description of the information consultant has designated as confidential and/or exempt, and provide a reference to the appropriate Florida or Federal statute supporting the confidential and/or exempt classification.

2. Upload a pdf version response of the REDACTED copy of the proposal. Include “REDACTED” in the document title.

This copy will be used to support any public records requests that may arise from this solicitation.

How the City will Handle Material Identified as Trade Secret or Otherwise Confidential and Exempt Information The City’s evaluators will be provided with the complete unredacted proposal, including any trade secret or otherwise confidential and exempt information. The City evaluators will maintain the confidentiality of the information through the evaluation process, including any recorded evaluation team meetings.

In the event a public record request is made to view the information which consultant claims is confidential and/or exempt, the City will notify the consultant and give the consultant a reasonable opportunity (generally 2 business days) to institute appropriate legal action to prevent the disclosure of the information claimed as confidential and/or exempt.

All public records submitted to the City, including those claimed as confidential and/or exempt, will be retained by the City and will not be returned to a consultant at the conclusion of the solication process.

3.5 EXCEPTION TO THE RFP

Exceptions to the RFP are prohibited under this solicitation.

3.6 ONLY ONE PROPOSAL

Only one proposal from any individual, firm, corporation, organization or agency under the same or different name shall be considered. Should it appear to the City that any consultant has a financial interest in more than one submission under this solicitation, all proposals in which such consultant has a financial interest will be rejected. A subconsultant is permitted to appear in more than one proposal for the same RFP, as long as the subconsultant is not a prime consultant in any of the submittals.

The City considers a financial interest to include, but not be limited, to joint ventures and partnerships.

3.7 FULLY INFORMED CONSULTANT

A consultant is expected to fully inform itself as to the requirements of the Specifications and Contract terms and conditions;

failure to do so will be at its own risk. A consultant shall not expect to secure relief on the plea of error.

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PART 4 – EVALUATION PROCESS

4.1 EVALUATION CRITERIA

a) Selection and Evaluation Criteria Proposals will be evaluated in accordance with the procedures described in the City's, Professional Services Evaluation Handbook included with this solicitation with the following exceptions: Price and Local Business Preference. Additionally, the following shall not be considered:

1. Price or cost elements (i.e., salaries, indirect or direct cost rates)

2. In-state or local business preference

3. Preference for consultant firm location

4. Preference for consultant office location in proximity to the project.

5. Purchasing or materials preference

6. Local, minority or disadvantaged business programs

7. Hiring preferences (e.g., homeless, welfare-to-work, veterans)

8. Exclusionary business preferences restricting competition in specific geographic locations, except those indicated by the US Department of Transportation Federal Highway Administration.

9. Equal distribution or rotating of work

10. Any other non-qualifications based factor.

The proposals will be evaluated using the following process: Qualifications Evaluation, Written Proposal Evaluation and Presentation/Interview Evaluation, and Other Factors as deemed appropriate. The City shall consider the ability of the firm’s professional personnel, willingness to meet time and budget requirements, workload, and past performance. The Evaluation process provides a structured means for consideration of all these areas.

b) Technical Qualifications Evaluation The Technical Qualifications Evaluation will assess each responding firm's ability based on experience and qualifications of key team members, the firm's capability of meeting time and budget requirements, and the firm's record with regard to this type of work, particularly in the City of Gainesville or in the State of Florida. This stage does not involve review and evaluation of a proposal addressing the project scope of work. Consideration will be given to the firm's current workload and financial. The City will not be impressed with excessive amounts of boilerplate, excessive numbers of resumes, excessive length of resumes, excessive numbers of photographs, work that distant offices have performed, or work not involving personnel to be assigned to the proposed project.

c) Written Proposal Evaluation The Written Proposal Evaluation will assess the firm's understanding of the project and the proposed approach to be undertaken as addressed in a written proposal. The evaluation process will assess how effectively the requirements of the scope of services have been addressed. The written proposal should identify a project manager and other key members of the project/service team. It should relate the capabilities of the project/service team to the requirements of the scope of services.

d) Presentation/Interview Evaluation The Proposal Presentation/Interview Evaluation is based on an oral presentation that addresses both the technical qualifications of the firm and the approach to the project. Importance is given to the firm's understanding of the project scope of work, the placement of emphasis on various work tasks, and the response to questions. The evaluation process will assess the project manager's capability and understanding of the project and his/her ability to communicate ideas. The role of key members of the project/service team should be established based on the scope of services and the firm’s approach to the project/service. The role of any subcontracted firm in the proposal should be clearly identified. Unique experience and exceptional qualifications may be considered with emphasis on understanding of the project/service, particularly “why it is to be done” as well as “what is to be done”. The City of Gainesville will not be impressed with excessive boilerplate, excessive participation by “business development” personnel, and the use of “professional” presenters who will not be involved in the project or future presentations.

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PART 5 – SELECTION PROCESS

The consultant will be selected from qualified businesses submitting proposal as further described in Part 3, 3.1, “Proposal Format” of this RFP. A copy of the consultant’s current Florida Professional Registration Certificate must be provided. If the consultant is a corporation, it must be chartered to conduct business in Florida.

Evaluation and selection of the consulting firm will be in accordance with the requirements of the Consultants’ Competitive Negotiations Act (CCNA) and the City’s RFP procedure as stated herein. A brief description of this process follows:

1. Evaluators consisting of City staff will review the proposals. The evaluation process provides a structured means for consideration of all proposals and is described in detail in the City's Professional Services Evaluation Handbook included with this solicitation. Evaluators shall execute the Evaluator’s Disclosure statement included in the aforementioned handbook and FDOT’s Conflict of Interest/Confidentiality Certification (FDOT form 375-030-50) included in Part 9 of this RFP shall be completed prior to proceeding with the evaluation period. Individuals that do not meet the requirements of 23 CFR 1.33 and 23 CFR 172.7(b)(4) shall be prohibited from participating as evaluators.

2. Upon review and evaluation written proposals, the City will select no less than three (3) firms for further discussion or presentations based on ranking. The consultants shall then further detail their qualifications, approach to the project and ability to furnish the required services during the presentation. Firms selected for further presentations must provide one

(1) electronic copy of materials presented in PDF format on a USB Flash drive.

3. The City shall then select and rank no less than three (3) firms in order of preference who are deemed to be the most highly qualified to perform the required services, in accordance with the procedures described in the City's Professional Services Evaluation Handbook included with this solicitation. The City Commission, if applicable, will then be requested to approve the ranking and authorize contract negotiation and execution as per CCNA.

4. The City will negotiate a contract with the top ranked firm(s) for professional services in accordance with Part 6 – “Award”.

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PART 6 – AWARD

6.1 TIE PROPOSALS

Whenever two or more proposal which are evaluated equal with respect to quality and services are received, preference shall be given in the following order: (1) The number of work group/types listed in 2.3, that the prime consultant is qualified in, and (2) the duration of time the prime consultant has been licensed to perform engineering services.

6.2 (RESERVED)

6.3 CONTRACT AWARD, TERM & ADMINISTRATION

The award, if any, shall be made to the consultant whose proposal shall be deemed by the City to be in the best interest of the City. The decision of the City of whether to make the award(s) and which proposal is in the best interest of the City shall be final.

6.3.1 Award – Number of Contracts

Initially, there shall be one (1) contract issued under this RFP. In the event the contract issued is terminated, the City reserves the right to issue contract(s) with subsequent ranked consultant(s).

6.3.2 Term

The term of the agreement shall be until the project scope is completed in its entirety or until terminated.

6.3.3 Contract Negotiations

The following process shall be followed after the ranking phase, as outlined in Part 5 – Selection, of the RFP is complete, with the highest ranked consultant; if negotiations fail with the top ranked consultant, the City shall repeat these processes with subsequent ranked consultants until an agreement with reached. Should the City be unable to negotiate a satisfactory contract with any of the selected firms, then the City shall reject the RFP and may seek to re-solicit responses in the future.

6.3.3.1 Contract Compensation

6.3.3.1.1 The City and consultant shall independently prepare an operating margin justification; the City and consultant shall exchange justifications at a scheduled negotiations meeting. The City and consultant shall negotiate the operating margin until it is agreed upon or until negotiations fail.

6.3.3.1.2 The prime consultant and each sub consultant shall include an employee classification list for use in the contract. Rates for each classification shall be determined based on the weighted raw rates of the employees working on the project and audited overhead, facilities capital cost of money, direct expense rates and negotiated operating margin. The consultant shall submit a current wage rate certification and current FDOT audit letter to the City as documentation to calculate the fee amount for each classification. Per federal regulations, these rates are non-negotiable and not subject to public record and may only by shared with City staff, FDOT/FHWA staff or other funding agency staff upon request only; such information shall not be shared with any entities contracted staff.

6.3.3.1.3 A fee schedule shall be negotiated for defined services measured in unit prices such as density testing, asphalt coring or auger borings, environmental tests or services of a similar nature.

6.3.3.1.4 A determination of allowable costs in accordance with the Federal cost principles will be performed for services rendered under the contract.

6.3.3.2 Task Phase Scope & Staff-hours:

6.3.3.2.1 The City and consultant shall meet to develop a detailed scope of work. Once a detailed scope of work is agreed upon, a meeting date shall be scheduled for staff-hour negotiations.

6.3.3.1.3 The City and the consultant shall independently prepare staff-hour estimates and staff-hour classification spread for the agreed upon scope of work; staff-hour estimates, staff-hour and classification spread shall not be exchanged until the staff-hour negotiation meeting.

6.3.3.1.4 At the staff-hour negotiations meeting, the City and the consultant shall exchange independent staff-hour estimates and staff-hour classification spread.. Staff-hours, spread, and scope shall be negotiated until a mutually acceptable staff-hour, spread and scope is agreed upon or until negotiations fail.

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6.5 CONTRACT

The Contract(s) to be entered into will designate the successful consultant as the City’s Consultant(s). The successful consultant(s) will be required to execute an agreement with the City in substantially the same format as found in Part 8.

6.6 RFP PROTEST

Participants in this solicitation may protest the RFP specifications or award in accordance with Section V.C.5. and V.C.6. of the Pro-01 Procurement Administrative Guidelines.

6.7 RFP POSTPONEMENT/CANCELLATION/WAIVER OF IRREGULARITIES

The City may, at its sole and absolute discretion, reject any and all, or parts of any and all, proposals; re-advertise this RFP;

postpone or cancel, at any time, this RFP process; or waive any irregularities in this RFP or in the proposals received as a result of this RFP. See Section V.B.9.viii. Pro-01 Procurement Administrative Guidelines.

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PART 7 – GENERAL INFORMATION

7.1 TAXES, CHARGES AND FEES

The consultant agrees that any applicable Federal, State and Local sales and use taxes, which are to be paid by City of Gainesville, are included in the proposal. Since the City of Gainesville is often exempt from taxes for equipment, materials and services, it is the responsibility of the Consultant to determine whether sales taxes are applicable. The Consultant is liable for any applicable taxes which are not included in the proposal.

7.2 COSTS INCURRED BY CONSULTANTS

All expenses involved with the preparation and submission of proposals to the City, or any work performed in connection therewith shall be borne by the consultant(s). No payment will be made for any responses received, nor for any other effort required of or made by the consultant(s) prior to commencement of work as defined by a contract approved by the City Commission (if so required).

7.3 RULES; REGULATIONS; LICENSING REQUIREMENT

The consultant shall comply with all laws, ordinances and regulations applicable to the services contemplated herein, including those applicable to conflict of interest and collusion. Consultants are presumed to be familiar with all Federal, State and local laws, ordinances, codes and regulations that may in any way affect the services offered.

7.4 RECORDS/AUDIT

The consultant shall maintain records sufficient to document their completion of the scope of services established by this solicitation and final executed agreement. These records shall be subject at all reasonable time to review, inspect, copy, and audit by the City, the recipient, sub-recipient(s), FHWA, US DOT OIG, US Comptroller General, any grant agency or any of their duly authorized representatives to any books, documents, papers, and records of the consultant which are directly pertinent to the specific awarded contract for the purpose of making audit, examination, excerpts, and transcriptions. These records shall be kept for a minimum of five (5) years from the date of the final payment. Records which relate to any litigation, appeals or settlements of claims arising from performance under the awarded contract shall be made available until a final disposition has been made of such litigation, appeals, or claims.

7.5 DEBARMENT, SUSPENSION, OTHERWISE EXCLUDED

By submitting a proposal, consultant agrees that it:

Is not presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from covered transactions by any Federal department or agency;

Has not within a three-year period preceding this proposal been convicted of or had a civil judgment rendered against it for commission of fraud or a criminal offense in connection with obtaining, attempting to obtain, or performing a public (Federal, State, or local) transaction or contract under a public transaction; violation of Federal or State antitrust statutes or commission of embezzlement, theft, forgery, bribery, falsification, or destruction of records, making false statements or receiving stolen property;

Is not presently indicted for or otherwise criminally or civilly charged by a governmental entity (Federal, State, or local) with commission or any of the offenses enumerated in paragraph (2) of this certification; and

Has not within a three-year period preceding this application/proposal had one or more public transactions (Federal, State, or local) terminated for cause or default.

7.6 PUBLIC ENTITY CRIME INFORMATION STATEMENT

Section 287.133 (2)(a), Florida Statutes, contains the following provisions: “A person or affiliate who has been placed on the convicted vendor list following a conviction for a public entity crime may not submit a bid, proposal, or reply on a contract to provide any goods or services to a public entity; may not submit a bid, proposal, or reply on a contract with a public entity for the construction or repair of a public building or public work; may not submit bids, proposals, or replies on leases of real property to a public entity; may not be awarded or perform work as a contractor, supplier, subcontractor, or consultant under a contract with any public entity; and may not transact business with any public entity in excess of the threshold amount provided in s.

287.017 for CATEGORY TWO for a period of 36 months following the date of being placed on the convicted vendor list.”

7.7 INVESTIGATION OF ALLEGED WRONGDOINGS, LITIGATION/

SETTLEMENTS/FINES/PENALTIES

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The City Commission specifically requests that responders to this document indicate in writing any investigations of wrongdoings, litigation and/or settlements, and fines or penalties (anywhere in the U.S) involving the consultant and specific consultants listed as projected to provide services to the City. You may be required to respond to questions on this subject matter.

7.8 NON-DISCRIMINATION POLICY AND COMMERCIAL NON-DISCRIMINATION REQUIREMENT

As a condition of entering into this agreement, the company represents and warrants that it will comply with Title VI and Title VII of the Civil Rights Act of 1964 and all other federal, state or local laws prohibiting discrimination. The company shall not discriminate on the basis of race, color, religion, gender, national origin, marital status, sexual orientation, age, disability or gender identity, or other unlawful forms of discrimination in the solicitation, selection, hiring, commercial treatment of subcontractors, vendors, suppliers or commercial customers, nor shall the company retaliate against any person for reporting instances of such discrimination.

The City reserves the right to investigate any claims of illegal discrimination by the Consultant and in the event a finding of discrimination is made and upon written notification thereof, the Consultant shall take all necessary steps to cure and rectify such action to the reasonable satisfaction of the City. The company understands and agrees that a violation of this clause shall be considered a material breach of this agreement and may result in termination of this agreement, disqualification of the company from participating in City contracts, or other sanctions. This clause is not enforceable by or for the benefit of, and creates no obligation to, any third party.

For more information on this policy and requirement, please visit the Office of Equal Opportunity.

7.9 USE OF RFP REPLY IDEAS

The City has the right to use any or all information presented in any response to the RFP, whether amended or not, except as prohibited by law. Selection or rejection of the submittal does not affect this right.

7.10 INTERNATIONAL PROPOSER REQUIREMENTS

The City is unable to send ACH payments to international banks. Therefore, ACH payments will only be made to U.S.A. banks.

Additionally, the international company must be from a country that has a tax treaty with the U.S.A. International proposers must agree to these requirements and provide proof of same should they receive an award recommendation.

7.11 PROHIBITION AGAINST CONSIDERATION OF SOCIAL, POLITICAL, OR IDEOLOGICAL

INTERESTS IN GOVERNMENT CONTRACTING

In accordance with Section 287.05701(2)(a), F.S. (2023), the City may not request documentation of or consider a vendor's social, political, or ideological interests when determining if the vendor is a responsible vendor, and may not give preference to a vendor based on the vendor's social, political, or ideological interests.

7.12 FEDERAL-AID REQUIREMENTS & CERTIFICATIONS

Take possession of and comply with all Florida Department of Transportation forms listed Part 3.2 and provided in Part 9. All requirements shall be included in the consultant’s proposal. Consultants shall execute all required certifications. Failure to submit any of the required forms may deem the consultant non-responsive.

7.13 DISADVANTAGE BUSINESS ENTERPRISE PROGRAM

Take possession of the Florida Department of Transportation’s Form 275-030-11, provided in Part 9 of this solicitation. Comply with the condition provided and the consultant shall incorporate all requirements in its proposal.

The City, in accordance with the provisions of Title VI of the Civil Rights Act of 1964 (78 Stat. 252, 42 U.S.C. §§ 2000d to 2000d-4) and the Regulations, hereby notifies all Consultants that it will affirmatively ensure that for any contract entered into pursuant to this advertisement, disadvantaged business enterprises will be afforded full and fair opportunity to submit bids in response to this invitation and will not be discriminated against on the grounds of race, color, or national origin in consideration for an award.

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PART 8 – AGREEMENT

PROFESSIONAL SERVICES AGREEMENT

UNIVERSITY AVE (SR 26) ENGINEERING SERVICES (FEDERAL FUNDS)

THIS AGREEMENT entered into and effective this _______day of ________________, 20_____, between, <Vendor> (“Consultant”) and City of Gainesville, Florida, a Florida municipal corporation (“City”). Collectively, the City and Consultant are hereinafter referred to as the “Parties”.

WITNESSETH:

In consideration of the mutual promises and covenants contained herein, and other good and valuable consideration, the receipt and sufficiency of which is acknowledged by the Parties, the Parties hereby agree as follows:

1. Term. This agreement is effective upon execution and continue to the completion of the project identified in

Attachment A.

2. Representations. By executing this Agreement, the Consultant makes the following express representations to the City:

2.1 The Consultant is qualified to act as the Consultant for the Project and is licensed to practice engineering by all public entities having jurisdiction over the Consultant and the Project;

2.2 The Consultant shall maintain all necessary licenses, permits or other authorizations necessary to act as such for the Project until the duties hereunder have been fully satisfied;

2.3 The Consultant has become familiar with the Project site and the local conditions under which the Project will to be designed, constructed and operated;

2.4 The Consultant shall prepare all deliverables required by this Agreement, in such manner that they will be accurate, coordinated and adequate for the purposes intended and shall be in conformity and comply with all applicable law, codes and regulations;

2.5 The Consultant represents that the deliverables prepared are adequate and sufficient to accomplish the purposes of the project and meet the requirements of all applicable federal, state and local codes and regulations.

2.6 The Consultant acknowledges that the City’s review of the deliverables in no way diminishes the Consultant’s representations pertaining to the deliverables.

3. Duties of the Consultant. The Consultant shall have and perform the duties, obligations, and responsibilities to the City as outlined in Attachment A and as follows:

3.1. The Consultant will comply with all laws, ordinances, regulations, and building code requirements applicable to the work required by this Agreement. The Consultant is presumed to be familiar with all state and local laws, ordinances, code rules and regulations that may in any way affect the work outlined in this Agreement. If the Consultant is not familiar with state and local laws, ordinances, code rules and regulations, the Consultant remains liable for any violation and all subsequent damages or fines. The

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