Transit_Stop_Operational_Maintenance_(Addendum_#4_Revision).pdf

JACKSONVILLE TRANSPORTATION AUTHORITY

REQUEST FOR PROPOSALS (RFP) FOR

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PROPOSAL SUBMISSION DATE:

BY 2:00 PM (LOCAL), undefined

RFP NUMBER: P-24-025

Jacksonville Transportation Authority

100 LaVilla Center Drive

Jacksonville, Florida 32204

REQUEST FOR PROPOSALS

TABLE OF CONTENTS

I. NOTICE FOR PUBLICATION

II. INSTRUCTIONS TO PROPOSERS

III. PROPOSAL FORM AND SELECTION CRITERIA

IV. EVALUATION PHASES

V. SCOPE OF WORK

VI. INSURANCE REQUIREMENTS

VII. CONTRACTOR AND SUBCONTRACTOR SAFETY

VIII. REQUIRED FORMS AND CERTIFICATIONS

IX. VENDOR QUESTIONNAIRE

1. NOTICE FOR PUBLICATION

REQUEST FOR PROPOSAL No. P-24-025

SUBJECT: Transit Stop Operational Maintenance

PROPOSAL CLOSING: Wednesday, August 14, 2024, 2:00 pm. (local time)

The Jacksonville Transportation Authority (the “Authority” or the “JTA”) hereby requests Sealed Proposals for

P-24-025, Transit Stop Operational Maintenance.

The Jacksonville Transportation Authority (the “Authority” or the “JTA”) hereby requests Proposals for RFP No.

P-24-025 TRANSIT STOP OPERATIONAL MAINTENANCE.

The Authority is seeking competitive proposals from qualified a Contractor to furnish all labor and materials required to construct, maintain and/or repair transit stops and install/replace shelters and/or their related amenities at various locations throughout Northeast Florida. Work includes but is not limited to install and provide ADA access to shelters, and on-call maintenance services as further detailed in Exhibit ‘A’.

Proposals will be received by the Authority until the Proposal Closing date and time stated in this solicitation or published via any released addenda on the JTA Procurement Portal at https://procurement.opengov.com/portal/jtafla

Sealed Proposals will be received by the Jacksonville Transportation Authority (the “Authority” or the “JTA”), until the above-stated Submittal closing/opening dates and times on the JTA eProcurement Portal at https://procurement.opengov.com/portal/jtafla/projects/107777.

The complete Solicitation package will be available Wednesday, July 31, 2024 and may be obtained by visiting https://procurement.opengov.com/portal/jtafla/projects/107777. A complete examination and understanding of information contained in the Solicitation package is necessary in order for the Proposer to properly submit a

Proposal. The Solicitation package also includes a detailed set of Instructions to Proposers. All Proposals shall be prepared in accordance with the Instructions to Proposers. The failure to comply with any requirement contained in the Solicitation may result in the rejection of the Proposal as non-responsive or a finding that the

Proposer is not qualified.

Proposals must be uploaded to the JTA eProcurement Portal by the date and time identified in this solicitation. We strongly recommend that you give yourself sufficient time and at least ONE (1) day before Closing Time to begin the uploading process and to finalize your submission. Late proposals will not be accepted and the JTA eProcurement Portal will not accept submissions past the date and time of closing/opening.

https://procurement.opengov.com/portal/jtafla https://procurement.opengov.com/portal/jtafla/projects/107777 https://procurement.opengov.com/portal/jtafla/projects/107777

1.1. DISADVANTAGED BUSINESS ENTERPRISE (DBE)

All Proposers are hereby notified that the DBE requirements of 49 CFR Part 26 apply to this Solicitation. The

DBE participation goal for the Contract is 30. It is the policy of the Authority to practice nondiscrimination based on race, color, sex, or national origin in the award or performance of this Contract. The Authority encourages participation by all firms qualifying under this Solicitation, regardless of business size or ownership.

This resulting contract, if any, will be subject to contract compliance payment tracking, and the prime contractor and any DBE subcontractors shall provide any noted and/or requested contract compliance-related payment data electronically in the B2GNow Contract Compliance Program System. The prime contractor and all DBE subcontractors are responsible for responding by any noted response audit date or due date to any instructions or request for information, and to check the B2GNow Contract Compliance Program System on a regular basis. The prime contractor is responsible for ensuring all DBE subcontractors have completed all requested items and that their contact information is up-to-date.

Access information related to contractor access of the system will be provided to a designated point of contact with each contractor upon award of the contract. The B2GNow Contract Compliance Program System is web-based and Contract Compliance Reporting – Vendor Training and can be accessed here.

1.2. TYPE OF PROCUREMENT

Professional Services (Non-CCNA)

1.3. CONTRACT TYPE

Firm‐Fixed Price w/Economic Adjustment

1.4. CONTRACT TERM

The Contract term shall be for five (5) years with an additional five (5) years option to renew.

1.5. BASIS OF AWARD

Basis of Award (Best Value Method).

A. This is a Best Value competitive negotiated procurement. The Authority may make multiple awards at its discretion, if any, based on the selection criteria set forth in Section III from this solicitation to the responsive proposer(s) whose proposal offer conforms to the solicitation and is determined to be responsible in accordance with the JTA Procurement Rule 002. Proposer must possess management, financial, technical, and any required certifications necessary to fulfill the requirements of the

Solicitation and is judged by an integrated assessment of the selection evaluation criteria to be most advantageous to the Authority, price and other factors considered.

B. For the purpose of this procurement, the Authority is seeking total cost with all technical factors considered. While price is a factor, it is not the leading factor in the evaluation process.

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C. The Authority reserves the right to (1) reject any or all offers if such action is in JTA's best interest, (2) accept anything other than the lowest offer, and (3) waive informalities and minor irregularities in offers received (4) request clarification, additional information or reject any or all proposals, in whole or in part , and re-advertise, cancel, or postpone at any time with or without cause, without liability to any proposer, (5) reserves the right to take into consideration the Proposer’s qualifications and past performance with JTA or any other entity in determining if the Proposer is responsible and qualified.

D. The Authority intends to evaluate proposals and may conduct discussion with proposer(s) with the most highly rated proposal(s). The Authority may commence negotiations with the most highly rated Proposer.

A Proposal may be eliminated from the competitive range if, in the opinion of the JTA Evaluation

Committee, the proposal has deficiencies so severe as to preclude resolution in time to be of service to the

Authority or there is a need to limit the competitive range for the purpose of efficiency.

E. Each initial Proposal should contain the Proposer’s best offer from a cost or price technical standpoint.

F. Technical items will be evaluated by a numerical rating system. The numerical rating/ranking depicts how well the proposer’s proposal meets the evaluation standards and solicitation requirements in the technical specifications. The Proposal Risk assesses the risks associated with the proposer’s proposed approach as it relates to accomplishing the requirements of the Request for Proposal. Performance Risk assesses the probability of the proposer successfully accomplishing the proposed effort based on the proposer’s demonstrated past and present performance.

G. Prospective Proposers are advised that award if any may be made without discussions or any contact with the Proposers concerning the offers received except for clarifications. Therefore, proposals should be submitted initially with the most favorable terms the prospective Proposer can submit to the JTA.

Brand Name or Equal Products if applicable. For any references to an Original Equipment Manufacturer

(OEM) or specific brand or part number(s), the JTA will allow alternative equal products to be submitted in a

Proposer’s response. Any alternative equal product(s) that are offered are required to be specifically identified as an alternative equal product and accompanied with the respective specifications for each alternative equal product submitted. The specifications and salient characteristics of the alternative equal product(s) will be reviewed in comparison with the OEM specifications to determine appropriate form, fit and function of the alternative equal product(s). If the equal product submittal does not meet the minimum salient characteristics of the OEM nor meet the form, fit and function required for said product(s), the JTA reserves the right to reject the alternative equal product(s) and may require the Proposer to resubmit the OEM product(s) with the associated pricing. All pricing submitted on products may be subject to negotiation.

1.6. FIRM PRICE AND PRICE ESCALATION OR DE-ESCALATION

If a Contract is awarded, all prices are to remain firm for a period of one (1) year from the effective date of the contract. The Authority will consider price escalation or de-escalation on prior to the annual anniversary date of the contract. Escalation and de-escalation will be reviewed by the Authority on an item-by-item basis. Proposers who are awarded a Contract and become Suppliers, Contractors or Consultants may request increases or decreases in price as follows:

Within at least ninety (90) days prior to the expiration of the current contract term, the Proposer may submit a written request for escalation or de-escalation only on items for which it can no longer honor the awarded price. The request must include the Authority's stock number, if applicable, a brief description of the item, and a new price that will remain firm until the next anniversary date of the contract term.

The Authority reserves the right to:

A. Grant or decline any request for escalation or de-escalation with or without cause.

B. Request documentation from the referenced parts manufacturer justifying any requested increase. In the event of such request the Authority will only allow the Proposer to increase its Proposal price by the amount of the actual increase as provided by the parts manufacturer.

C. The justification for the increase shall be based on an average of the previous twelve (12) months of the overall Consumer Price Index (CPI).

Any decision of the Authority to grant or decline a request for price adjustment will be at the Authority’s sole discretion and its decision shall be final. Annual rate adjustments for services will be at the discretion of the

Authority.

Respondent is hereby notified that Section 287.05701, Florida Statutes, requires that JTA may not request documentation of or consider a Proposer’s social, political, or ideological interests when determining if the

Proposer is a responsible Proposer, and JTA may not give any reference to any Proposer based on that Proposer’s social, political, or ideological interests.

1.7. MINIMUM REQUIREMENTS

Proposers must be in good standing and authorized to transact business in the State of Florida, and must not be listed in the System for Award Management (SAM) as an excluded party. In addition, all licenses required for

Proposers whose businesses and professions are regulated by the Florida Department of Business and Professional

Regulation must be active and current at the time of the proposal submission. Failure to demonstrate compliance will result in being deemed non-responsive.

In addition, all licenses required for Proposers whose businesses and professions are regulated by the Florida

Department of Business and Professional Regulation must be active and current at the time the Proposal is submitted. Failure to demonstrate compliance may result in being deemed non-responsive.

1.8. BONDS & INSURANCE

The Contract, if awarded, may require a Performance Bond and/or a Payment Bond. Specific bonding and insurance requirements are set forth in the Solicitation package. Insurance shall be written by an insurer who holds a current Certificate of Authority pursuant to Chapter 624, Florida Statutes, and who has a most recently published rating by A.M. Best & Company of “A-” or better.

1.9. QUESTIONS AND ANSWERS

All questions or concerns regarding this solicitation must be submitted on the eProcurement Portal prior to 12:00 pm (ET) on Wednesday, August 7, 2024. You will not be able to send messages after this time. Late questions may be answered at the sole discretion of the Authority. All responses to questions will be uploaded to the Portal and issued in an Addendum, on Friday, August 9, 2024. Please contact the Procurement Department at anelson@jtafla.com regarding any questions or concerns prior to the questions deadline.

1.10. CONE OF SILENCE

From the date of the initial publication of this Solicitation until the contract is awarded and the protest period has expired, all communication relating to this Solicitation, with the exception of Disadvantaged Business

Enterprise (DBE) related questions, shall be sent to:

Andrea Nelson

Contract Administrator II

Email: anelson@jtafla.com

(904) 632-5525

All DBE questions shall be addressed to Ken Middleton at DBE1@jtafla.com or 904-598-8728. This includes questions related to certification or assistance with finding certified DBE’s to partner with.

If you are not sure who to send a question to, please send it to anelson@jtafla.com and it will be forwarded to the appropriate personnel.

All other communication to the JTA or any JTA employee, consultant, or Board Member regarding this

Solicitation is prohibited, unless made in accordance with JTA's Solicitation and Award Protest Rule.

The JTA Board of Directors has established a zero tolerance policy and the JTA will disqualify any

Proposer who makes or causes to be made, directly or indirectly, any improper communication. Nothing contained in this paragraph prohibits JTA personnel from initiating contact with a Proposer and subsequent communication related thereto for the purpose of obtaining additional information that is relevant to the Solicitation.

Proposers are hereby notified that the JTA is subject to the Florida Public Records Law and the Government in the Sunshine Act, as set forth in Florida Statutes Chapters 119 and 286; as such, most communications to the

JTA are subject to public disclosure, and the selection meeting(s), if any, will be open to the public.

All JTA contracts are subject to funding availability and are not binding upon the Authority until duly executed by the Authority and delivered to the Proposer.

1.11. TIMELINE

Release Project Date: July 31, 2024 mailto:procurement@jtafla.com mailto:purchasing@jtafla.com mailto:DBE1@jtafla.com mailto:purchasing@jtafla.com

Pre-Proposal Meeting (Non-Mandatory): August 5, 2024, 10:00am

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Deadline for Questions: August 7, 2024, 12:00pm

Response to Questions: August 9, 2024, 5:00pm

Proposal Closing Date: August 14, 2024, 2:00pm

Issue Notice of Intent to Award: September 19, 2024

2. INSTRUCTIONS TO PROPOSERS

2.1. INTRODUCTION

The Jacksonville Transportation Authority (the “Authority” or “JTA”) is a public body politic and corporate agency of the State of Florida created under Chapter 349, as amended, Florida Statutes. The Authority is a https://jtafla.webex.com/jtafla/j.php?MTID=m1d3af8f67d5f18a23c75f88d03ba9f80 https://jtafla.webex.com/jtafla/j.php?MTID=m1d3af8f67d5f18a23c75f88d03ba9f80 mailto:23451082388@jtafla.webex.com http://173.243.2.68/ https://help.webex.com/ transit and transportation facilities provider in North Florida, constructing and improving roadways as well as constructing, equipping and operating transit services. The Authority operates in Duval County, Florida (the

“County”), including in the City of Jacksonville, Florida (the “City”) and surrounding areas.

2.2. SOLICITATION TERMINOLOGY

The term Solicitation includes all documents that are included or referenced in the Solicitation package, including without limitation, the Request for Proposals, Notice for Publication, Instructions to Proposers, Specifications, Scope of Work, Special Conditions, Insurance Requirements, Contract Form, General

Conditions, Required Clauses for Federally-Assisted Contracts, Required Proposal Forms, Certifications, Addenda, Project Manual, Drawings, Specifications, and the documents, reports, and information referenced in such Solicitation. The terms Proposer, Contractor, and Supplier may be used interchangeably.

2.3. PROPOSER'S OFFICIAL RECEIPT OF SOLICITATION DOCUMENTS

The Proposer must request and receive the complete Solicitation package directly from the JTA Procurement

Portal at https://procurement.opengov.com/portal/jtafla. If you submit a Proposal and you did not receive the

Solicitation documents directly from the JTA Procurement Portal, there is a serious risk that you will not be kept informed of Addenda and, therefore, your Proposal may be deemed non-responsive.

2.4. PROPOSER REVIEW OF SOLICITATION AND CONTRACT DOCUMENTS

By submitting a Proposal, the Proposer represents that it has fully informed itself as to: (i) the conditions to be encountered; (ii) the character, quality, and quantities of work to be performed;; and (iii) all of the requirements of the Solicitation and Contract documents, including the plans, specifications, and the labor and security conditions under which the Contract is to be performed. The Proposer shall not be relieved of its obligation to furnish all materials, equipment, labor, and services necessary to complete the Contract by reason of having failed to inform itself with respect to those matters. If this acquisition is related to a project in which conditions, specifications, and/or plans have been issued, those documents, where applicable, are incorporated herein. The

Authority does not guarantee the accuracy of any information that may have been provided in connection with the Solicitation and if this is a lump sum Contract, the Authority does not assume any responsibility for determining the quantities required.

2.5. PROPOSAL DELIVERY

Proposals must be uploaded, submitted and finalized by the due date, at the location identified in the Notice for

Publication (the “Notice”), or as amended in an Addendum. No additional promotional or advertising information will be accepted. We strongly recommend that you give yourself sufficient time and at least ONE (1) day before the submission deadline to begin the uploading process and to finalize your submission. The eProcurement Portal will not allow the acceptance of late proposals. Facsimile, electronic mail and in-person deliveries will not be accepted. The Authority is the official timekeeper and the Authority's determination of the time shall be deemed correct and final.

Pursuant to Article 1, Section 24 of the Florida Constitution and under Chapter 119, Florida Statutes, if a

Respondent considers any portion of the documents, data, or records submitted in response to this solicitation to be confidential, proprietary, trade secret, or otherwise not subject to disclosure pursuant to applicable State of https://procurement.opengov.com/portal/jtafla

Florida laws, the Respondent must provide JTA with a separate “REDACTED COPY” of its response. This redacted copy shall be submitted, on the JTA eProcurement Portal, and shall be clearly titled “REDACTED

COPY” at the same time the Bidder submits its response to the solicitation. An entire proposal or the proposed cost in a proposal cannot be identified as “CONFIDENTIAL”, “PROPRIETARY” or “TRADE SECRET”. The

Respondent must provide a brief description of the grounds for claiming exemption from public records law, including the specific statutory citation for such exemption that allows the withholding on the require form

“Certification of Redacted Copy”.

Facsimile and electronic transmissions will not be accepted. Late Proposals are not able to be accepted through the eProcurement Portal. Any responses that are delivered in person will not be accepted. The Authority is the official timekeeper and the Authority's determination of the time shall be deemed correct and final.

2.6. LIQUIDATED DAMAGES

(Not Applicable) The Contractor and the Authority acknowledge and agree that time is of the essence in the completion of the Work it is of utmost importance for the Contractor to complete the Work within the time set forth in the Contract. The Contractor understands and agrees that its failure to complete the Work within the required time will significantly impact the Authority, and that the impacts, costs, and other damages resulting from that failure are impossible to reasonably quantify as of the date the Contract is executed. Therefore, Contractor acknowledges and agrees that, if the Contractor fails to achieve Substantial Completion or Final

Completion or any other milestone date(s) identified in the Contract documents within the established timeframe, as adjusted by Contract Amendments, if any, the Contractor and the Contractor’s surety shall immediately be liable to the Authority for Liquidated Damages for such delay, not as a penalty but as compensation to the

Authority for its damages incurred due to such delay, as follows: and one-thousand five-hundred and 00/100

Dollars ($1,500.00) per calendar day for each and every consecutive calendar day elapsing between the date fixed for Substantial Completion of the Work and the date Substantial Completion is actually achieved, and if specified in the Contract Documents, every consecutive calendar day elapsing between the date fixed for a defined milestone and the date that the milestone is actually achieved; and one-thousand five-hundred and 00/100 Dollars

($1,500.00) per calendar day for each and every consecutive calendar day beyond the calendar days fixed for

Final Completion of the Work and the date Final Completion is actually achieved.

2.7. QUALIFICATIONS AND REFERENCES

The Authority reserves the right to request any additional information it deems necessary regarding the

Proposer’s previous experience and qualifications, and the Authority may also consider any evidence available to it regarding the financial, technical, and other qualifications and abilities of the Proposer. The Proposer shall provide any additional information requested within forty-eight (48) hours of such request.

2.8. NON-RESPONSIVE PROPOSALS MAY BE REJECTED

The failure to comply with any requirement contained in the Notice, Instructions to Proposers, Required Forms, and/or other Solicitation documents may result in the rejection of the Proposal as non-responsive.

2.9. RESERVATION OF RIGHTS IN THE SOLICITATION PROCESS.

The Authority reserves all rights it is entitled to under the law, including the right to:

• reject any or all Proposals and to cancel or postpone the Solicitation, in whole or in part, for any reason, without liability;

• issue subsequent or concurrent Solicitation(s) for the work/services described herein;

• perform background checks, reference checks, and consider any information the Authority deems pertinent to the Solicitation;

• request additional copies of the Proposal from the Proposer, at no cost to the Authority; and

• request additional or omitted information and seek clarifications of any Proposal.

2.10. REQUIRED FORMS AND CERTIFICATIONS

Proposers shall complete and return all Forms required by section "Required Forms and Certifications". The

Forms must be submitted using the exact Forms provided and must be signed by an authorized representative of the Proposer. Any alteration of the Forms or failure to submit required Forms shall cause the Proposal to be rejected as non-responsive.

The Forms cannot be marked “N/A” and returned as an effort to comply with the requirements. These Forms

MUST be completed, signed, and returned with your Proposal. The burden is on each Proposer to know of and submit all required Forms with Proposal submittals. If the Authority determines that a Proposer has failed to return completed Form(s), and/or has failed to sign all required Form(s), the Proposal shall be rejected as non-responsive .

2.11. TRUTH IN NEGOTIATION CERTIFICATION

(If applicable) In accordance with Florida Statute Section 287.055(5)(a), Proposers are required to submit a

Truth-in-Negotiation-Certificate with Technical Proposals certifying that wage rates and other factual unit costs supporting compensation for the Contract will be accurate, complete, and current at the time of contracting. The original Contract price and any adjustments thereto can and will be adjusted if the Authority determines that such Contract price was increased due to inaccurate, incomplete, or noncurrent wage rates and other factual unit costs.

2.12. DISADVANTAGED BUSINESS ENTERPRISE (DBE) PROGRAM

It is the official policy of the U.S. Department of Transportation (DOT) and the Authority that Disadvantaged

Business Enterprises (DBEs) have a level playing field on which to participate in the performance of all contracts. This Solicitation and contract award are subject to the requirements of Title 49 Code of Federal

Regulations, Part 26.

The Proposer and its subcontractors shall not discriminate on the basis of race, creed, color, sex, sexual orientation, gender identity, national origin, age, disability, religion, or family status in the performance of the

Contract. The Proposer shall carry out applicable requirements of the DBE program in the award and administration of the work associated with the Contract.

In accordance with 49 CFR Part 26.55, to count towards the goal the DBE must be performing a commercially useful function on the contract. If a DBE does not perform or exercise responsibility for at least 30 percent of the total cost of its contract with its own work force, or the DBE subcontracts a greater portion of the work of a contract than would be expected on the basis of normal industry practice for the type of work involved, you must presume that it is not performing a commercially useful function. This is true for a DBE Prime Contractor and lower tier DBE firms on the contract.

A. Participation Goals. If a DBE participation goal has been established for the Contract:

Proposers must meet one (1) of the following criteria to be considered for the Contract:

1. Achieve the DBE participation goal as specified below; OR

2. Submit documentation detailing its good faith efforts.

The Authority’s award of this Contract is conditioned upon Proposer satisfying the good faith effort requirements of 49 CFR §26.53.

As a condition of bid responsiveness, Proposers must submit the following information with its Bid on the forms provided herein:

1. The names and addresses of Disadvantaged Business Enterprise (DBE) firms that will participate in the contract;

2. A description of the work that each DBE firm will perform;

3. The dollar amount of the participation of each DBE firm listed under (1)

4. Written statement from Proposer or Offeror that attests their commitment to use the DBE firm(s) listed under (1) to meet the Authority’s project goal; and

5. If Proposer or Offeror cannot meet the advertised project DBE goal, evidence of good faith efforts undertaken by the Proposer or Offeror as described in appendix A to 49 CFR part 26.

The successful Proposer must provide written confirmation of participation from each of the DBE firms the

Proposer lists in its commitment within five days after Bid opening.

1. The names and addresses of Disadvantaged Business Enterprise (DBE) firms that will participate in the contract

2. A description of the work that each DBE firm will perform;

3. The dollar amount of the participation of each DBE firm listed under (1)

4. Written statement from Proposer or Offeror that attests their commitment to use the DBE firm(s) listed under (1) to meet the Authority’s project goal; and

5. If Proposer cannot meet the advertised project DBE goal, evidence of good faith efforts undertaken by the Proposer as described in appendix A to 49 CFR part 26.

I.

A. Participation Goals. If a DBE participation goal has not been established for this project, Proposers are encouraged to make every attempt to secure a level of DBE participation that contributes toward the achievement of Authority's overall DBE goal of 27%. When a goal has been established, the failure of the Proposer to either meet the participation goal or submit satisfactory evidence of good faith efforts may result in the Bid being rejected as non-responsive.

DBE Goal Established For The Contract: The Proposer shall make a good faith effort to subcontract (30) of the dollar value of the total annual aggregate amount of the Contract as set forth in the Notice, to certified DBE subcontractors (race conscious). Contracted Proposers shall submit reports, on forms provided or approved by the

Authority: (1) with each invoice, indicating the amount of the progress payment due to DBE firms; and (2) quarterly and annual reports indicating the total aggregate amounts paid by the Authority to the Proposer, and the amount and percentages of those payments which have been paid to individually identified DBE firms.

Documenting Goal Initiatives. DBE forms will be used to document the Proposer's achievement of the established DBE goal for the Contract or, if no goal is specified, information on DBE participation. DBE forms shall be as complete and accurate as possible, and shall include all required information. Failure to comply with these requirements may be cause for rejection of the Bid. A Proposer who does not meet the stated DBE goals, where assigned, must also submit Good Faith Effort documentation as part of its Bid (see the “Good Faith Efforts” section listed below). Proposers who do not address these requirements may be deemed non-responsive.

Determining Compliance with DBE Requirements for Contracts with a DBE Goal – Forms. Each

Proposer must acknowledge its commitment to achieving the DBE participation goals set by the Authority.

There are several required forms that must be submitted as part of the Solicitation process, which support this requirement:

o Schedule of Subsuppliers/Subcontractors Form - Identifies those subcontractors/suppliers whom the

Proposer will utilize on the Contract, including the certified DBE businesses, and the scope and relative value (expressed as a percentage) of work to be performed by each subcontractor.

o Intent to Perform as a DBE - Submitted for each DBE subcontractor/supplier, outlining the dollar value of the work to be performed.

o Proposer's List - Lists all potential subcontractors/suppliers contacted by the Proposer for the

Contract.

If the Proposer is awarded a Contract with the Authority, it must enter into a formal written agreement with the

DBEs identified in its Schedule of Suppliers/Subcontractors Form in accordance with the assignments identified and outlined in the Intent to Perform as a DBE.

If the selected Proposer is a certified DBE and intends to perform a portion of the work with its own forces, the

Proposer shall identify the responsibilities it intends to perform by type and by percentage of work to be done. In order for the work to be counted towards the DBE goal assigned to the project, the Proposer must perform the work as specified and may not delegate or contract the specified responsibilities to other entities.

Certification. ALL PROPOSED DBEs MUST BE CERTIFIED BY THE FLORIDA UNIFORM

CERTIFICATION PROGRAM (UCP) AT THE TIME OF SUBMISSION OF THE BID. If a subcontractor/supplier is not certified by the aforementioned certification program at the time of submission, the

Proposer can neither report the non-certified business' participation, nor include that company's dollar value of work towards any established DBE goals. Applications for certification may be obtained from the Authority directly or from the Authority’s website at www.jtafla.com. The Proposer shall fully comply with all requests for additional documentation. In determining an applicant's eligibility for DBE status, the Authority will generally rely upon the Federal Certification Process, as described in 49 CFR Part 26. In addition, as a member of the

Unified Certification Program (UCP) within the state of Florida where FDOT is the host agency, the Authority will accept DBEs certified by FDOT and may, on a case-by-case basis, accept a DBE certification decision made by another UCP or non-Florida Department of Transportation.

Good Faith Efforts. Any Proposer who is unable to meet the requested DBE participation goal, where established, is required to include, as part of its Bid, Good Faith Effort documentation detailing the attempts made to secure DBE participation. An important component in evaluating a Proposer's good faith efforts is the number of qualified DBEs expressing an interest in performing work under the Contract. When there is limited availability of such firms, a Proposer cannot reject a DBE as unqualified unless the Proposer has sound reasons to do so, as determined by a thorough investigation of the DBE's capabilities.

The extent and type of actions required for a Proposer to meet the good faith effort requirement may vary depending upon such factors as industry practice, time available for submitting a Bid, and the type of agreement involved. See Appendix A to 49 CFR Part 26 for additional information. The following list, which is neither exclusive nor exhaustive, provides examples of the actions and activities which would be considered good faith efforts on the part of a Proposer attempting to meet the prescribed DBE goal:

A. Attending planned pre-proposal meetings scheduled by the Authority to review resources, such as certified DBE vendor lists, and to discuss, among other things, DBE participation opportunities;

B. Advertising in general circulation, trade association, and minority/women-focused media concerning subcontracting opportunities;

C. Soliciting the interest of a reasonable number of DBEs through written notices, and allowing an adequate amount of time for response and inquiry from interested parties;

D. Contacting prospective DBE participants in response to initial Solicitations to assess level of interest;

E. Utilizing subcontracting arrangements and other techniques to structure the project in a manner designed to increase the likelihood of participation of DBE firms;

F. Providing interested DBEs with adequate information about the plans, specifications, scope of work, and requirements of the Contract;

G. Discussing with interested DBEs the required capabilities of the project, and performing a thorough investigation of the DBE’s qualifications to determine inherent competencies;

H. Using good business judgment to negotiate in good faith with interested DBEs regarding price, and reviewing all reasonable quotes from interested DBE businesses;

I. Assisting interested DBEs in obtaining bonding, lines of credit, insurance, and other guarantees required by the Authority and/or the Proposer;

J. Supporting interested DBEs in obtaining necessary equipment, supplies, materials, or related assistance and services; and

K. Effectively utilizing the services of various community and professional organizations to aid in identifying qualified DBEs. These organizations include, but are not limited to minority and women-based: community organizations; chambers of commerce; contractor groups; local, state, and federal business assistance offices; the Authority; and other organizations that provide assistance in the identification of DBEs.

These efforts are active steps, ones that may significantly increase the potential for sufficient DBE participation and the achievement of DBE participation goals. When the Authority determines that the Proposer's actions were mere pro forma efforts that fall short of the good faith efforts such as those listed above, the Bid may be rejected as non-responsive.

2.13. PROPOSER DISQUALIFICATION

Any of the following causes may be considered sufficient for the disqualification of a Proposer and the rejection of its Proposal:

A. submission of more than one (1) Proposal from a Proposer for the same work by an individual, entity, partnership, or corporation under the same or different names;

B. evidence of collusion between or among Proposers;

C. work for which the Proposer is committed by contract, which, in the Authority's judgment and sole discretion, might hinder or prevent the prompt completion of the Contract if awarded to the Proposer;

D. being behind on the approved completion schedule for any existing contract or contract completed within two (2) years of the Proposal Closing date with the Authority where the Contractor has been assessed liquidated damages, being involved in litigation with the Authority, or having been declared by the Authority to be in default on a previous contract with the Authority;

E. poor, negligent, or defective performance of work for the Authority or any other party on prior projects, which, in the Authority's judgment and sole discretion, raises doubts as to the Proposer's ability to properly perform the Contract;

F. appearance of the Proposer on the Department of General Services' Convicted Vendors List; debarment or suspension of the Proposer by the Authority pursuant to the Authority’s Administrative Rule 003; or for “covered transactions,” as that term is defined in 49 CFR Part 29, with a value greater than $25,000, if the Proposer is presently debarred, suspended, proposed for debarment, or declared ineligible for the award of contracts by any Federal agency;

G. violating the Cone of Silence;

H. having any real or apparent conflict of interest, including any relationship with or interest in those firms who have assisted the Authority in the preparation of the Solicitation;

I. misstating or omitting a material fact in the Proposal, submitting a Proposal that is conditional, or submitting a proposal that contains unauthorized conditions, limitations, exceptions, or alterations;

J. failing to properly: (i) execute any Form; (ii) execute any Proposal Security; (iii) execute other required documents; or (iv) meet the minimum requirements of the Solicitation; or

K. any other reason, as determined in the sole discretion of the Authority, that warrants rejection of the

Proposal or disqualification of the Proposer, including listing unqualified subcontractors or failing to provide adequate references for the Proposer and/or any subcontractors upon request.

The Authority may cancel or postpone the Solicitation and may reject any and all Proposals, with or without cause, and may waive any minor irregularity in any Proposal.

2.14. TAXES

The Authority is exempt from the following taxes: (a) State of Florida Sales Tax by Certificate No.85-

8012646346C-1; and (b) Federal Excise Tax Registration No. 59-6018367. The only purchases allowed to be made using these exemptions are to be made on either an Authority Purchase Order or an Authority check. The sales tax exemption does not apply to goods or services that are purchased or consumed by the Proposer for which the Proposer is deemed to be the ultimate consumer.

2.15. DEVIATIONS TO SPECIFICATIONS

All requests for deviations from the specifications must be submitted as a written question prior to the deadline for questions. Proposals may be rejected as non-responsive if deviations are used without being approved in an

Addendum.

2.16. DISCOUNTS

Prompt payment discounts will be considered during the administration of the Contract, but will not be considered when evaluating the Proposal.

2.17. PROVISION FOR OTHER AGENCIES

By signing and submitting its Proposal, the Proposer hereby agrees to extend the terms, conditions, and other negotiated agreements to any Transit Authority, or any City, County, or State Government agency within the

State of Florida. It is understood that some negotiated agreements may require further negotiations between the successful Proposer and the entity desiring to benefit from this Solicitation. Any such resulting agreements will be independent of the Authority.

2.18. PROCUREMENT DEPARTEMENT AS AGENT

When the Procurement Department is acting as agent for “other public activities” defined as activities receiving financial support in part from the Authority but not under the direct governing jurisdiction of the Authority, the name of such public activity shall be substituted for the words “JTA” and “Authority” throughout the

Solicitation and Contract.

2.19. ETHICS PROVISION

The Proposer, by affixing its signature to the Proposal and/or by accepting a Purchase Order, represents that it has reviewed the provision of the Jacksonville Ethics Code contained in chapter 602, Jacksonville Ordinance

Code, and the provisions of the Procurement Code contained in chapter 126, Jacksonville Ordinance Code.

2.20. ACKNOWLEDGEMENT AND AGREEMENT TO CONTRACT TERMS

By signing the Proposal, the Proposer acknowledges its agreement to all terms, conditions, and specifications contained in this Solicitation and resulting Contract, if any. When the Authority issues a Purchase Order(s), the

Proposer shall comply with all the terms, conditions, and specifications contained in this Solicitation and resulting Contract, per the Order of Precedence in the Contract, until expiration or termination of the

Contract. The work is to begin only after proper authorization and issuance of a Purchase Order or a Notice to

Proceed.

2.21. NO PROPOSAL PREP COSTS

Under no circumstances will the Authority compensate any Proposer for the costs associated with responding to this Solicitation.

2.22. ALL-INCLUSIVE PROPOSAL

The Proposal shall include, at no additional cost to the Authority, all necessary safety equipment: in addition, all necessary taxes, licenses, permits, and insurance shall also be obtained by the Proposer at no additional cost to the Authority.

2.23. REQUEST FOR CLARIFICATION AND SUPPLEMENTAL INFORMATION

The Authority reserves the right to seek clarification and supplemental information from any or all Proposers when the Proposal contains any information or implication that is ambiguous.

2.24. PUBLIC RECORDS AND GOVERNMENT IN THE SUNSHINE LAWS

The Authority is subject to the Florida Public Records Law, the Government in the Sunshine Act, and possibly the Freedom of Information Act (FOIA). In compliance therewith, at the sole discretion of the Authority, the

Authority may disseminate or make available to any person, without the consent of the Proposer, information regarding the Contract or the Proposal, including without limitation: requirements; specifications; drawings;

sketches; schematics; models; samples; tools; computer or other apparatus programs; and technical information or data, whether or written or oral, furnished to the Authority in connection with this Solicitation.

2.25. AVAILABILITY OF PROPOSALS AFTER OPENING

In accordance with the Florida Public Records Law, Chapter 119, Florida Statutes, copies of all Proposals are available for public inspection thirty (30) days after the opening of Proposals or on the date of Notice of Intent to

Award, whichever is earlier. Proposers may review opened Proposals once they are available for public inspection by contacting the JTA Public Records Office at publicrecords@jtafla.com.

mailto:publicrecords@jtafla.com

If JTA rejects all Proposals submitted in response to a competitive Solicitation and concurrently provides notice of its intent to reissue the competitive Solicitation, the rejected Proposals remain exempt from §§

119.07(1) and 119.24(a), Florida Statutes, Art. I of the State Constitution until such time as JTA provides notice of an intended decision concerning the reissued competitive Solicitation or until JTA withdraws the reissued competitive Solicitation. A Proposal is not exempt for longer than twelve (12) months after the initial notice rejecting all Proposals.

IF THE CONSULTANT HAS QUESTIONS REGARDING THE APPLICATION OF CHAPTER 119,

FLORIDA STATUES, TO THE CONSULTANT’S DUTY TO PROVIDE PUBLIC RECORDS

RELATING TO THIS CONTRACT, CONTACT THE CUSTODIAN OF PUBLIC RECORDS AT:

• VIA MAIL TO: JTA PUBLIC RECORDS CUSTODIAN, 100 LAVILLA CENTER DRIVE, 5TH

FLOOR, JACKSONVILLE, L 32204;

• VIA TELEPHONE AT: (904) -632-5510

• VIA EMAIL TO: PUBLICRECORDS@JTAFLA.COM

2.26. PROHIBITION AGAINST CONTRACTING WITH SCRUTINIZED COMPANIES.

By submitting a proposal:

A. The Contractor hereby certifies that it is not on the Scrutinized Companies that Boycott Israel List and is not engaged in a boycott of Israel, as defined in Florida Statutes § 287.135, as amended;

B. When the contract value is $1,000,000 or more; the Contractor hereby certifies that it is: (1) not on the

Scrutinized Companies with Activities in Sudan List or the Scrutinized Companies with Activities in the

Iran Petroleum Energy Sector List as defined in Florida Statutes § 287.135; and (2) not engaged in business operations in Cuba or Syria, as defined in Florida Statutes § 287.135, as amended.

2.27. STANDARD ASSURANCES (including Non-Collusion and Debarment Certifications)

By submitting a signed Proposal, each Proposer certifies, under penalty of perjury, that:

A. The Proposer understands all requirements and, if selected, the Proposer will comply with all of the requirements of the Solicitation, the Proposal, and any resulting Contract.

B. The signatory of the Proposer is of lawful age, and no other person, firm, or corporation, other than those clearly identified in the Proposal, has any interest in the Proposal and/or any resulting Contract.

C. The Proposal is made without any understanding, agreement, or connection with any other Proposer or potential Proposer for the Contract, and is in all respects fair and without collusion or fraud; no attempt has been made or will be made by the Proposer to induce any other person, entity, partnership, or corporation to submit or not submit a Proposal for the purpose of restricting competition.

D. The Proposer is familiar with, and the Proposal is in full compliance with, all applicable federal, state, and local laws and regulations, and the Proposer shall fully comply with same during the entire term of the

Contract. The Proposer certifies that the Proposal complies with all applicable safety requirements, such as those required by OSHA, EPA, and the Authority.

http://www.lawserver.com/law/state/florida/statutes/florida_statutes_119-07 mailto:PUBLICRECORDS@JTAFLA.COM

E. The Proposer is not precluded from submitting a Proposal under Section 287.133(2)(a), Florida Statutes, which provides that a person or affiliate (as defined by Florida law) who has been placed on the convicted vendor list following a conviction for a public entity crime may not submit a Proposal or reply on a contract to provide any goods or services to a public entity; may not submit a 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 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 contractor under a contract with any public entity; and may not transact business with any public entity in excess of the threshold amount provided in Florida Statutes section

287.017, for Category Two, for a period of thirty-six (36) months from the date of being placed on the convicted vendor list. By submitting a signed Proposal, the Proposer certifies, under penalty of perjury, that no person, entity, or affiliate involved in the Proposal is in violation of the restriction noted above.

F. If the Proposal is over one hundred thousand dollars ($100,000), the Proposer understands that the

Contract awarded under this Solicitation, if any, is a covered transaction for purposes of the following statutes and regulations and the Proposer is required to comply with 2 CFR Part 1200, 2 CFR Part 180, Executive Orders 12549 and 12689, and 31 U.S.C. § 6101 note, as each may be amended from time to time. By submitting a signed Proposal, the Proposer certifies, that:

1. The Proposer is not currently debarred or suspended by the Authority under the Authority's Rules, and the Proposer will comply and facilitate compliance with U.S. DOT regulations, “Nonprocurement

Suspension and Debarment,” 2 CFR part 1200, which adopts and supplements the provisions of the

U.S. Office of Management and Budget (U.S. OMB) “Guidelines to Agencies on Government-wide

Debarment and Suspension (Nonprocurement),” 2 CFR part 180.

2. The Proposer and its principals and subrecipients at the first tier,

a. Are eligible to participate in covered transactions of any federal department or agency and are not presently:

i. Debarred,

ii. Suspended,

iii. Proposed for debarment,

iv. Declared ineligible,

v. Voluntarily excluded, or

vi. Disqualified;

b. The Proposer's management has not, within a three (3) year period preceding its Proposal, been convicted of or had a civil judgment rendered against any member of management for

i. 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,

ii. Violation of any federal or state antitrust statute, or

iii. Commission of embezzlement, theft, forgery, bribery, falsification or destruction of records, making any false statement, or receiving stolen property;

c. The…