1-RFP250904 Barb Cook Park Outdoor Hockey Rink Roof SOLICITATION.pdf

CITY OF COVINGTON, KENTUCKY

REQUEST FOR PROPOSALS

RFP250904

For: Professional

ROOF DESIGN, FABRICATION, AND

INSTALLATION

Services

At Barb Cook Park Outdoor Hockey Rink

PROPOSAL RESPONSES DUE

NO LATER THAN:

11:15 A.M. 2025 OCTOBER 16

Issue Date:

2025 September 23

For:

Department of Economic Development

By:

Department of Finance | Procurement Office

20 W Pike St Covington, KY 41011

I. LEGAL ADVERTISEMENT / PUBLIC NOTICE

Professional Roof Design, Fabrication, and Installation Services at Barb Cook Park Outdoor Hockey Rink

The City of Covington, Kentucky (“City”) invites proposals from qualified, competent, knowledgeable, and experienced providers of the services described in this Request for Proposal (“RFP”), in compliance with all applicable laws and regulations. Entities submitting responses shall be prepared to execute and perform a legally binding contractual agreement (“Agreement”) to deliver the services and goods in accordance with this RFP.

Issue Date: 2025 September 23

RFP Title: Professional Roof Design, Fabrication, and Installation Services at Barb Cook Park Outdoor Hockey Rink

Issuing Agency: Department of Neighborhood Services / Parks & Recreation Division

Contact: Peter Hager, Procurement Officer peter.hager@covingtonky.gov (859) 292-2178

Proposals shall be sealed, and clearly & conspicuously marked on the outside with:

• Respondent’s name, return mailing address, and telephone number, and

• "RFP250904 BCP ROOF PROPOSAL - DO NOT OPEN WITH REGULAR MAIL."

RESPONSES SHALL BE SUBMITTED NO LATER THAN: OCTOBER 16, 2025 11:15 A.M. to:

Covington City Hall Finance Department

First (1st) Floor Lobby Window 20 West Pike Street

Covington, Kentucky 41011 *Submittals received after this date and time will be deemed non-responsive.

REVIEW: Pursuant to KRS 45A.370, the evaluation of Proposals shall be conducted using competitive negotiation.

Any final award shall be based upon the criteria set forth below and shall include the reciprocal preference for residential Respondents outlined in KRS 45A.494, where required. The City finds selection based upon competitive negotiation necessary, upon the determination that specifications cannot be made sufficiently specific to permit an award on the basis of lowest bid price or lowest evaluated bid price. The Board of Commissioners reserves the right to reject any and all proposals. All Proposals will be reviewed and scored in accordance with the evaluation criteria set forth herein.

mailto:peter.hager@covingtonky.gov

TABLE OF CONTENTS

Reference Subject Page

I Solicitation Legal Advertisement / Public

Notice 2

Table Of Contents 3

II ITB Schedule / Events Timeline 4

III Specifications / Scopes Of Work 4

IV Proposal Format 6

V Evaluation Criteria and Procedures 9

VI General Terms and Conditions 10

* Attachment A Non-Collusion Affidavit 14 *

* Attachment B Campaign Finance Affidavit 16 *

* Attachment C Certification Against Conflicts Of Interest, Gratuities, and Kickbacks 17 *

* Attachment D Accident Waiver and Release Of Liability 18 *

Exhibit 1 Steel Truss Design Standard 20

NOTE: Yellow Highlighted Items are required to be

Completed, Properly Executed, and Submitted with and as integral part of Bid response.

II. TIMELINE OF EVENTS

PROPOSAL EVENT SCHEDULED DATE

& TIME

RFP Solicitation Issued 2025 September 23 Optional Site Visit (2709 Ashland Ave, Covington, KY 41015)

2025 October 01 10:00 A.M.

Deadline for Interested Parties’ Request For Information (“RFI”) and/or Clarification

2025 October 03 11:00 A.M.

Deadline for City’s Responses to RFI Inquiries

2025 October 07 3:00 P.M.

Deadline for Submittal 2025 October 16 11:15 A.M.

Estimated Award Date 30 – 90 Days After Proposal Close

III. SCOPE OF WORK

A. GENERAL OVERVIEW

On behalf of the City of Covington, KY (“City”), Department of Neighborhood Services, Parks & Recreation Division is soliciting proposals for the provision of Professional Roof Design, Fabrication, and installation Services at Barb Cook Park Outdoor Hockey Rink 2709 Ashland Av., Covington, Kentucky, 41015.

1. Roof structure type shall be gable / truss.

2. Roof design, fabrication, and installation shall be adequate and appropriate to cover the existing outdoor hockey rink facility.

3. The City’s objective is to assure the provision of a durable, weather-resistant roof covering that will allow for and facilitate safe year-round recreational use in compliance with all applicable building Codes and/or regulations.

B. SPECIFIC REQUIREMENTS AND CONTRACTOR RESPONSIBILITIES

1. Professional Design / Engineering Services - Successful Proposal Respondent shall:

a. Furnish qualified, adequately and appropriately credentialed professional design / engineering resources to develop complete stamped / approved structural engineering schema accompanied by complete professional materials and installation specifications, inclusive of dimensions, quantities and qualities suitable for roof covering of the existing hockey rink area.

b. Assure that all design and specification instruments shall result in full compliance with all applicable (e.g., local, Commonwealth, and Federal) building Codes and regulations, including but not limited to wind and snow load ratings, clearance requirements for recreational use, etc.

c. Coordinate, facilitate and successfully perform and produce all requisite permitting and inspections.

2. Site Preparation - Successful Proposal Respondent shall:

a. Conduct a pre-construction site assessment compiling and documenting all requisite actions needed to occur prior to roof construction and/or installation.

b. Adequately and appropriately prepare the site for roof installation, including but not limited to clearance, designation, and preparation of receiving, storage, and/or staging areas, provide all needed safety and security actions and measures, including but not limited to temporary fencing, etc.

c. Perform all necessary actions to protect existing property, amenities, and/or infrastructure from damage during all phases of the construction process and restore any damages that do occur to like or better condition prior to damage incident(s).

3. Foundation and Structural Supports - Successful Proposal Respondent shall:

a. Excavate and install footings, columns, and/or piers as needed to adequately support the truss system. Roof supports shall be steel.

b. Verify proper alignment and anchorage to assure long-term structural integrity and durability.

4. Truss Fabrication and Roof Installation - Successful Proposal Respondent shall:

a. Furnish all requisite materials, labor, and equipment to perform on-site assembly and installation of the gable truss structure.

b. Install durable, low-maintenance roofing materials (e.g., coated metal, or other materials subject to prior approval and authorization by the City).

c. Furnish and install drainage components (e.g., gutters, downspouts) to appropriately divert water reasonable and safe distance from the existing rink and related amenities and/or infrastructure.

5. Safety and Compliance - Successful Proposal Respondent shall:

a. Assure and maintain full compliance with all applicable safety rules and regulations, including but not limited to Occupational Safety & Health Administration (“OSHA”) for the duration of contractual performance.

b. Coordinate and facilitate all requisite inspections, including but not limited to those with the City (e.g., Departments of Public Works, Neighborhood Services, and/or others as designated by the City).

c. Furnish and maintain appropriate signage, barriers, and other public notice and safety measures at the work site during all phases of project work performance.

6. Cleanup and Project Finalization - Successful Proposal Respondent shall:

a. Remove all construction equipment and debris from the site.

b. Correct / restore any site damages resulting from project performance.

c. Assure entire project site is in a ‘finished’ (ready to occupy and use) state.

d. Schedule, coordinate and perform a final walk-through and inspection with designated

City representative(s) to facilitate the City’s final acceptance of the finished project.

e. Submit as-built drawings, warranty documents, and maintenance guidelines upon completion.

7. Project Timeline

a. Entire project Scope Of Work (“SOW”) shall be complete and accepted by the City no later than January 12, 2026.

b. Therefore, proposals shall include a detailed proposed project performance schedule/timeline that assumes contractual award on or before October 31, 2025.

i. Proposed project performance schedule/timeline may be an evaluative factor in contractual award recommendation and/or determination.

IV. PROPOSAL FORMAT

Proposals shall be submitted as follows:

A. ONE (1) unbound ORIGINAL PROPOSAL INSTRUMENT, clearly labeled “ORIGINAL” with original signatures, printed on (8.5” X 11” preferred; no larger than 11” X 17”) paper.

B. ONE (1) PRINTED (paper/hardcopy) COPY.

C. ONE (1) DIGITAL/ELECTRONIC COPY with all proposal documents saved as a single .pdf-formatted file ON A USB DRIVE.

D. All of the foregoing shall be PHYSICALLY SUBMITTED in a single SEALED envelope plainly and conspicuously marked on the outside with:

1. Submitting Entity’s NAME.

2. Submitting Entity’s RETURN MAIL STREET ADDRESS.

3. Submitting Entity’s TELEPHONE NUMBER.

4. “RFP240904 BCP ROOF – DO NOT OPEN WITH REGULAR MAIL.”

a. NOTE: The City does not presently accept bid and/or proposals electronically (e.g., via Fax, e-Mail, Internet / Web Portal, etc.).

b. NOTE: Proposers may be requested to provide an oral presentation of and/or interview with City of f icials regarding their proposal as part of the City’s evaluation of properly and timely received proposals.

c. NOTE: Submitted Proposals, upon receipt, shall become the exclusive property of the City of Covington and not be returned.

d. NOTE: Proposals shall be delivered to the City on or before 2025 OCTOBER 16 11:15 A.M.

Proposal submittals must be received at, and time-stamped by, the Finance Department window located in the lobby of City Hall. Proposals received after the deadline will be rejected as non-responsive.

E. PROPOSALS SHALL (minimally) CONSIST of the following:

1. Letter of Transmittal, which shall include:

a. Name of submitting entity.

b. Primary contact person’s* name and contact information (i.e., primary business street address, area code(s) and telephone number(s), e-Mail address(es), fax number(s) if applicable.

c. Signature of primary contact person indicating and representing that Respondent freely and voluntarily submitted its Proposal offer to the City in good faith.

* Primary contact person shall be a representative properly authorized to: discuss and negotiate Respondent’s proposal offer with designated City representatives, legally and contractually bind Respondent entity.

2. Table of Contents Indicating the page where each major section of the Proposal begins.

3. Responding entity’s Ownership Information, Qualifications, and Proposal response, which shall identify:

a. Legal organizational structure / type (e.g., Individual, Sole Proprietorship, Partnership, Corporation, Limited Liability Corporation).

b. Any former names (if / as applicable).

c. Year individual was born, or corporate entity established.

d. If incorporated, the State in which corporation is recorded.

e. Overviews of Respondent entity’s and specific proposed team’s professional qualifications to perform the SOW in accordance with related Specifications.

f. Professional references of (at least three {3}) other, similar customer entities for which Respondent has previously and successfully performed similar services.

4. Proposal response, which shall include detailed descriptions of:

a. Proposed products (i.e., goods), configurations and project performance protocols (i.e., services) to assure minimum compliance with all applicable SOW and Specification statements contained herein.

b. Respondents are encouraged to specifically indicate all SOW and Specification statements that its Proposal offer will exceed and how.

c. Respondent may offer and detail more than one (1) option that will, at minimum, satisfy, if not exceed, all SOW and Specification statements contained herein.

d. Proposals shall include timeline stipulations for the delivery receipt and complete installation.

5. Pricing: Respondent shall indicate one (1) total lump-sum price for the performance of all work (i.e., labor, materials, and supplies) described by the associated SOW, Specifications, and/or those determined by Respondent to be required to fully comply therewith and which shall include all costs and fees.

a. The City of Covington, KY is exempt from sales and use taxes as a certified local governmental entity. Copy of the City’s tax-exempt certification will be provided to the successful contractor upon request.

i. Interested parties are advised that the City may not extend its tax-exempt status to other entities and that Proposal offers to the City shall be calculated based upon the Responding entity’s tax status.

b. Responding entities are also encouraged to consider and include any discounts, or cost incentives available to the City.

6. Sample Purchase Terms and Conditions: Respondent should include a sample ‘standard’ contract form and/or standard contract terms and conditions generally associated with the requested good (s) and/or service(s). The City reserves the right to utilize its own contract forms or to incorporate its standard terms and conditions into Respondent’s proposed / specimen agreements.

7. Notice of Deviation (if/as applicable): Deviations from the requested SOW, Specifications and/or Terms and Conditions of this RFP shall be expressly disclosed. Proposals failing to meet all of these elements will not necessarily be rejected, but any deviations must be clearly noted to be considered. Failure to disclose any such deviations and/or exceptions in the original Proposal offer shall be interpreted as indication of full compliance therewith.

V. EVALUATION CRITERIA AND PROCEDURES

A. MANDATORY CRITERIA

The City will only consider Proposals from Respondents that, through their proposal offer, demonstrate:

1. A proven successful history of reliably providing similar goods and/or services to similar projects of similar scope and for similar customer entities.

2. That they are in good standing with the City, as in accordance with the provisions of City of Covington Code of Ordinances § 35.003.

3. That they are not involved with or interested in any adverse claims against the City and are not delinquent in their financial obligations to the City.

4. That the proposal meets and/or exceeds all legal, regulatory, and licensure requirements related to the performance of work specified herein.

B. EVALUATION CRITERIA

1. Proposal offers submitted by Respondents meeting or exceeding the mandatory criteria will be evaluated, scored and ranked based upon the criteria stipulated in the table below:

Proposal Demonstration of: Maximum Points:

Professional Qualifications & Experience, including qualifications of personnel and experience with projects of similar nature and scope.

25 Points

Ability to completely perform the entire SOW in compliance with Specifications and stated timelines.

25 Points

Total Proposed Cost (and conformance with stated budget requirements). 25 Points

Demonstration through Proposal of proven successful performance of projects similar in nature, scope, type and complexity.

25 Points

POINT SCALE TOTAL 100 Points

C. RESPONDENT INQUIRIES

The City has included a Request For Information (“RFI”) period and process as component part of this competitive proposal solicitation and will answer all properly and timely received inquiries from interested parties in accord therewith.

All inquiries are required to be submitted in writing by electronic mail directly to Peter Hager, Procurement Officer at peter.hager@covingtonky.gov. The City’s responses to all inquiries, upon release and publication, shall serve as an Addendum, which shall become an integral part of the Scope Of Work and/or Specifications of and for this competitive procurement solicitation and shall be made available via the City’s website, www.covingtonky.gov and/or the City’s procurement portal at: https://covingtonky.bonfirehub.com.

It is and shall remain Respondent’s obligation to reference the City’s website, prior to submittal of a Proposal. It is each Respondent’s responsibility to read this RFP and all related documentation in its entirety, and to fully acquaint themselves with the Scope Of Work, Specifications, Terms & Conditions and all other relevant information contained herein and/or subsequently appended hereto. Any failure of a Respondent to perform its due diligence adequately and appropriately shall not relieve the Respondent from any obligation with respect to the Bid / Proposal tendered. Any Respondent that has any doubt regarding the accurate meaning of any aspect or part of this solicitation is strongly encouraged to properly and timely exercise its opportunity to clarify such ambiguity, accordingly.

D. AWARD

Award(s), if any, shall be made to the responsible and responsive Respondent(s) whose Bid / Proposal is determined by the proper officials to be the most advantageous to the City based upon the evaluation factors set forth herein.

E. NEGOTIATION OF AWARD

Subsequent to the City’s assessment and evaluation of competitive offers received, the City may require the apparent Awardee(s) to negotiate a mutually acceptable final agreement prior to the commencement date. Failure by any Respondent to timely respond or come to terms with the City may be cause for a rejection of the Bid /Proposal.

VI. GENERAL TERMS AND CONDITIONS

A. GENERAL INFORMATION

The City is a Kentucky Home Rule class City. The executive and legislative authority is vested in the Board of Commissioners, which consists of the Mayor and four Commissioners. The City Manager is the chief administrative of f icer of the City and is responsible for day-to-day operations. The City Manager is assisted by various department heads and City staf f , including Fire and Police Chiefs, City Solicitor, Directors of Economic Development, Finance, Neighborhood Services, Public Works, and Special Projects and intergovernmental Af fairs.

The City has a number of boards and commissions pursuant to state law, local ordinance, or both. While some boards are comprised wholly or partially of City employees or of f icials, others are comprised of citizens of the City who are not otherwise employed by the City (e.g. Code Enforcement Board, Board of Architectural Review and Development).

http://www.covingtonky.gov/ https://covingtonky.bonfirehub.com/

B. BID / PROPOSAL GUARANTEE and AWARD PROCEDURE It is anticipated that a recommendation for award(s) of this Bid / Proposal will be made within thirty to sixty (30 -

60) days af ter its due date. All interested parties are required to guarantee their Bids / Proposals as irrevocable of fers f irm for evaluation and acceptance by the City for a minimum of ninety (90) days af ter the Bid / Proposal due date. The City, in its sole and absolute discretion, shall maintain the right to award Bid(s) / Proposal(s) for any or all goods/services listed in each Bid / Proposal, and shall maintain the exclusive right to reject any and all Bids / Proposals as it deems to be in the City’s best interests, to waive formalities and reasonable irregularities in tendered documents, shall not be bound to accept the lowest Bid / Proposal and shall be allowed to accept the total Bid / Proposal of any one vendor.

C. REVISIONS

If the City determines it is necessary or advisable to revise any part of this solicitation, a written addendum will be made publicly available via publication on the City’s website, www.covingtonky.gov. The City is not and shall not be bound by any oral representations, clarif ications, or changes made by any City employee, of f icial, or agent unless such clarif ication or change is provided to all interested parties via written addendum by an duly authorized representative of the City, and published to the City’s website.

D. ANTI-DISCRIMINATION STATEMENT

The City expressly prohibits discrimination of any kind or manner. The City shall not discriminate against any individual or vendor based on: race, color, religion, sex, sexual orientation, gender identity, age, national origin, ancestry, marital status, parental status, familial status, place of birth, disability, or natural texture, color of hair, hair styles, or protective hair styles (including, but not limited to braids, locks, twists, and coverings).

In accordance with the City’s Human Rights ordinances, the selected Respondent agrees that it shall not in any manner discriminate on the basis of any protected class, including but not limited to: race, color, religion, sex, sexual orientation, gender identity, age, national origin, ancestry, marital status, parental status, familial status, place of birth, disability, or natural texture, color of hair, hair styles, or protective hair styles (including, but not limited to braids, locks, twists, and coverings). Refer to City of Covington Code of Ordinances § 32.040 et. seq.

The Respondent shall additionally be required to comply with the anti-discrimination and affirmative action requirements for Respondents contained in KRS 45.570.

E. REFERENCES AND EXPERIENCE

All interested parties are required to submit with their Bid / Proposal a comprehensive list of references.

Respondents shall furnish a minimum of three (3) professional references to which they have provided similar or related services in similar scope. Minimally, references shall include: (customer) company name, address, telephone number and contact person. By furnishing this information Respondent agrees to and authorizes the City to inquire of and verify the professional references furnished for the purpose of determining the quality and manner of prior work performance.

F. COMPLIANCE WITH LAWS

All Respondents shall observe and comply with all regulations, laws, and ordinances of local, state, and federal governments as they apply to this Request for Proposal.

G. DEVIATIONS FROM SPECIFICATIONS

Any deviations f rom the requested specif ications or the terms and conditions of this Request, must be clearly stated in your Proposal. Any signif icant limitation in scope or manner of proposed work, restrictive conditions, etc., should be clearly disclosed. Responses failing to meet all of the specif ications will not necessarily be rejected, but any deviations must be clearly noted to be considered.

H. TERMS OF PROPOSAL

The City requests to view applicable pricing information for products and services f rom qualif ied vendors who can provide and meet all specif ied requirements of this Proposal for a one (1) year period, with the option of four

(4) singular, year renewals to be exercised at the City’s sole discretion. For a total contract term not to exceed f ive (5) years.

I. SUBCONTRACTING

The City is seeking responses f rom full-service providers. The requirements of this Proposal shall not be subcontracted to other agents, absent express written agreement f rom the City permitting such assignment.

J. INSURANCE REQUIREMENTS

1. Policies, Coverages, and Endorsements

Respondent agrees to maintain, at its sole cost and expense, the below insurance policies in accordance with the minimum coverages and limits listed herein.

a. Commercial General Liability Insurance

i. Each Occurrence $1,000,000.

ii. General Aggregate $2,000,000.

b. Professional Liability Insurance

i. Insurance providing coverage for (i) claims arising f rom the errors or omissions of the Respondent or its sub-contractors; and (ii) the negligence or failure to render a professional service by the Respondent or its sub-contractors. The insurance policy should provide coverage in the amount of $2,000,000 each occurrence and $2,000,000 annual aggregate. The policy must provide for the protection of professional work for two (2) years af ter completion of the work.

c. Workers’ Compensation Insurance

i. Responses to this Proposal will serve as an af f irmation that Respondents are in compliance with the Commonwealth of Kentucky’s requirements for Worker’s Compensation Insurance, KRS Chapter

342. Should Respondent receive an award of contract and enter into an agreement with the City, the Respondent conf irms their ongoing compliance with KRS Chapter 342 throughout the lifetime of their agreement with the City.

2. SUBROGATION

Respondent agrees to a waiver of subrogation to the ef fect that the issuer waives any claim or right in the nature of subrogation to recover against the City, its of f icers, agents and employees. An endorsement should be furnished to the City upon request, and prior to an award of service.

3. Proof of Insurance Respondent should include a copy of a valid Certif ication of Insurance (COI), which will be used to verify the insurance requirements listed herein. Af ter ‘Notice of Award,’ and prior to contract execution, any Respondent, or Sub-respondent, performing on-site work at any City location shall be required to name the ‘City of Covington, KY’ as an ‘Additional Insured,’ on a valid Certif icate of Insurance (COI) for the original policy, and all renewals or replacements during the term of the agreement.

4. Cancellation All aforementioned policies, specif ically worker’s compensation and general commercial liability, shall be endorsed to provide thirty (30) days advanced written notice to the City of cancellation, nonrenewal, or any reduction in coverage. Mailed to: City Solicitor, 20 West Pike Street, Covington KY 41011.

K. BUSINESS REGULATORY LICENSE

Respondent shall acquire, or demonstrate prior to acquisition of , a City of Covington Business Regulatory Licenses prior to commencing Work. Respondent shall also ensure that nay Sub-Respondent(s) has acquired all licenses necessary to do business in the City of Covington.

L. INDEMNIFICATION

Respondent shall agree to indemnify and hold harmless the City and its directors, of f icers, employees and agents f rom all suits, actions, claims or cost of any character, type or description brought or made on account of any loss, expense, liability, damage, claim, including but not limited to personal injury and/or death sustained by any person(s) or property arising out of the acts or negligence of the Respondent, the Respondent’s personnel, its agents, and employees, occurring during the performance of its duties. Respondent shall defend City, its of f icers, agents, and employees:

1. Against any suit, proceeding, claims for losses, costs, damages, or expenses including, without limitation, charges for personal injury, death or property damage that arise out of any and all acts or omissions of employees or agents Respondent in connection with the services.

2. shall pay all damages, costs, and expenses in connection with such actions, including City’s attorneys’ fees.

M. NON-COMPLIANCE WITH PROPOSAL

It is understood and agreed upon by all parties, in the event of an award of contract, if said contract fails to meet the terms and conditions accepted by the City as specif ied in this Request for Proposal, and any prior agreements leading up to contract, then the City shall, at its sole option have the right to:

1. Require the Respondent to provide the services as stated in the RFP at the proposed price, OR

2. Cancel the contract in its entirety, AND/OR

3. Hold Respondent liable for any cost dif ferential between its accepted proposal and the City’s incurred expenses to alternatively award contract to the next lowest and best proposal, or next best award alternative as determined by the proper City of f icials.

N. RESPONSE REQUEST DISCLAIMER

This Request for Proposal does not commit the City to enter into a contract or award any services in relation to this specif ic document, nor does it obligate the City to pay any costs incurred in preparation or submission of a Proposal or in anticipation of a contract.

O. CONFLICTS OF INTEREST PROHIBITION

By submitting a response, Respondent certif ies that it is aware of the prohibition against conf licts of interest, gratuities, and kickbacks in KRS 45A.455, which are set forth herein as follows:

1. It shall be a breach of ethical standards for any employee with procurement authority to participate directly in any proceeding or application; request for ruling or other determination; claim or controversy; or other particular matter pertaining to any contract, or subcontract, and any solicitation or proposal therefor, in which to their knowledge:

a. They or any member of their family has a f inancial interest therein; or

b. A business or organization in which they or any member of their immediate family has a f inancial interest as an of f icer, director, trustee, partner, or employee, is a party; or

c. Any other person, business, or organization with whom they or any member of their immediate family is negotiating or has an arrangement concerning prospective employment is a party. Direct or indirect participation shall include but not be limited to involvement through decision, approval, disapproval, recommendation, preparation of any part of a purchase request, inf luencing the content of any specif ication or purchase standard, rendering of advice, investigation, auditing, or in any other advisory capacity.

2. It shall be a breach of ethical standards for any person to of fer, give, or agree to give any employee or former employee, or for any employee or former employee to solicit, demand, accept, or agree to accept f rom another person, a gratuity or an of fer of employment, in connection with any decision, approval, disapproval, recommendation, preparation of any part of a purchase request, inf luencing the content of any specif ication or purchase standard, rendering of advice, investigation, auditing, or in any other advisory capacity in any proceeding or application, request for ruling or other determination, claim or controversy, or other particular matter, pertaining to any contract or subcontract and any solicitation or proposal therefor.

3. It is a breach of ethical standards for any payment, gratuity, or of fer of employment to be made by or on behalf of a subcontractor under a contract to the prime contractor or higher tier subcontractor or any person associated therewith, as an inducement for the award of a subcontract or order.

4. The prohibition against conf licts of interest and gratuities and kickbacks shall be conspicuously set forth in every local public agency written contract and solicitation therefor.

5. It shall be a breach of ethical standards for any public employee or former employee knowingly to use conf idential information for his actual or anticipated personal gain, or the actual or anticipated personal gain of any other person.

6. Furthermore, Respondent agrees that it shall disclose in writing to the City any potential conf lict of interest af fecting the awarded funds in accordance with 2 C.F.R. § 200.318(c) and 2 C.F.R. § 200.112.

P. AFFIDAVITS

Each Respondent must complete and submit with their response the attached ‘Non-Collusion Af f idavit,’ ‘Campaign-Finance Af f idavit,’ and the ‘Certif ication Against Conf licts of Interest, Gratuities, and Kickbacks.’

Q. CLAIMS AGAINST THE CITY

In consideration of the right to respond to this RFP, Respondent, waives any claim, liability or expense whatsoever against the City and its Staf f , Commissioners, and agents by reason of any or all of the following:

any aspect of this RFP, the evaluation process, the selection process, or any part thereof , any informalities or defects in the administration of this solicitation, the failure to enter into an agreement, any statements, representations, acts or omissions of the City or it agents.

R. GOVERNING LAW

This solicitation and any agreement resulting f rom this solicitation shall be governed by and construed in accordance with the laws of the Commonwealth of Kentucky. Any dispute arising under this solicitation shall be resolved in a court of competent jurisdiction in Kenton County, Kentucky.

S. COMPETITIVE NEGOTIATIONS

It is the intent of the City that this RFP is conducted according to the competitive negotiation procedures set forth in KRS 45A.370. It shall be the Vendor's responsibility to advise the City if any language, requirements, etc. or any combination thereof , inadvertently restricts or limits the requirements stated in this Proposal to a single source. Such notif ication must be submitted in writing and must be received no later than three (3) days af ter the opening date.

T. PUBLIC INFORMATION NOTICE

All Proposals submitted to the City will be used solely for the purpose of evaluating the Proposal for a possible award. The City retains the right to provide copies of received Proposals and associated materials to its staf f , legal, technical, and f inancial advisors and representatives. Respondents should take care not to provide any conf idential information, trade secrets or other intellectual property, that they do not want to be received by City staf f .

Please note that all information submitted for review may be subject to the Kentucky Open Records Act and may be made available upon request by the public. Respondents should identify any conf idential, proprietary information, or trade secrets and provide justif ication as to why the disclosure of the records would permit an unfair commercial advantage to the Respondent’s competitor.

U. AUDIT OF RECORDS

The Successful Respondent shall maintain books and records relating to this proposal and agreement for a period of f ive (5) years f rom the date of f inal payment under the contract in accordance with KRS 45A.410.

Respondent acknowledges that the terms of 45A.410 regarding inspection of books, records, and the place of business of successful Respondent shall apply to the contract for the work.

V. INDEPENDENT CONTRACTOR

The relationship of the Successful Respondent and City established by the resulting contract shall be one of independent Respondents. Respondent agrees that it shall be considered an independent Respondent and that there is no employment relationship created between Respondent and City, or between Respondent’s employees, agents, and subcontractors and City. Respondent and its employees, agents and Respondents performing services hereunder shall not be entitled to any employee benef its of City.

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CITY OF COVINGTON

ITB250904

Attachment A

NON-COLLUSION AFFIDAVIT OF BID / PROPOSAL OFFEROR

STATE OF:

COUNTY OF:

, being first duly sworn, deposes and says that s/he is _______________________________ of ___________________________, (Sole Owner/Partner/President/Secretary/Other Title) (Name of Bidder) who on ____/____/2025, submitted a Bid response as set forth in the attached copy; that all (Date Bid Submitted) statements of fact in such Bid are accurate, correct, and true; that such submittal was not made in the interest of or on behalf of any undisclosed person, partnership, company, association, organization, or corporation; that such submittal is genuine and not collusive or sham; that said Bidder has not directly or indirectly, by agreement, communication of conference with anyone attempting to induce action prejudicial to the interests of the public body which is to award the contract, or of any other submitter or anyone else interested in the proposed contract; and further, that prior to the public opening and reading of proposals, said submitter:

(a) Did not directly or indirectly, induce or solicit anyone else to submit a false or sham proposal;

(b) Did not directly or indirectly, collude, conspire, connive or agree with anyone else that said submitter or anyone else would submit a false or sham proposal, or that anyone should refrain from submitting or withdraw his/her proposal;

(c) Did not, in any manner, directly or indirectly, seek by agreement, communication or conference with anyone to raise or fix the proposal price of said submitter or of anyone else, or to raise or fix any overhead, profit or cost element of his proposal price, or that of anyone else;

(d) Did not, directly or indirectly, submit his bid price or any breakdown thereof, or the contents thereof, or divulge information or data relative thereto, to any corporation, partnership, company, association, organization, bid depository, or to any member or agent thereof, or to any individual or group of individuals, except to the awarding authority or to any person or persons who have a partnership of other financial interest with said submitter in his/her business; and

(e) Did not include in his/her bid price any fees, dues, charges, or assessments because required to do so by reason of his/her membership in or affiliation with any association, organization, corporation, partnership, company, individual or group of individuals, or because of any agreement or understanding with anyone that he/she would do so.

ITB250904

Attachment A

NON-COLLUSION AFFIDAVIT OF BID / PROPOSAL OFFEROR

Name of Proposal Respondent: ____________________________________

Signed: ____________________________________

(Print) Name: ____________________________________

Title: ____________________________________ On behalf of Bidder Name: ____________________________________

Date Signed: ____________________________________

Subscribed and sworn to before me this day of ___________________, 2025.

(SEAL OF NOTARY HERE)

Notary Public in and for

My commission expires ____________.

ATTACHMENT B

CAMPAIGN FINANCE AFFIDAVIT OF BID / PROPOSAL OFFEROR

STATE OF :

SS:

COUNTY OF :

, being first duly sworn, deposes and says that s/he is

(Sole Owner/Partner/President/Secretary/Other Title) of , who on , 2025, (Name of Submitter) (Date Submitted) submitted to the City of Covington a bid / proposal as set forth in the attached copy; that bidder has not knowingly violated any provision of the campaign finance laws of the Commonwealth and the award of a contract to the submitter would not violate any provision of the campaign finance laws of the Commonwealth of Kentucky.

(Signature) (Title)

Subscribed and sworn to before me this day of ___________________, 2025.

(SEAL OF NOTARY HERE) ______________________________________________________

Notary Public in and for

My Commission expires: ____/____/________

ATTACHMENT C

CERTIFICATION AGAINST CONFLICTS OF INTEREST,

GRATUITIES AND KICKBACKS

Respondent certifies its understanding and compliance with KRS 45A.455, which states:

1. It shall be a breach of ethical standards for any employee with procurement authority to participate directly in any proceeding or application; request for ruling or other determination; claim or controversy; or other particular matter pertaining to any contract, or subcontract, and any solicitation or proposal therefor, in which to his knowledge:

(a) He, or any member of his immediate family has a financial interest therein; or

(b) A business or organization in which he or any member of his immediate family has a financial interest as an officer, director, trustee, partner, or employee, is a party; or

(c) Any other person, business, or organization with whom he or any member of his immediate family is negotiating or has an arrangement concerning prospective employment is a party.

Direct or indirect participation shall include but not be limited to involvement through decision, approval, disapproval, recommendation, preparation of any part of a purchase request, influencing the content of any specification or purchase standard, rendering of advice, investigation, auditing, or in any other advisory capacity.

2. It shall be a breach of ethical standards for any person to offer, give, or agree to give any employee or former employee, or for any employee or former employee to solicit, demand, accept, or agree to accept from another person, a gratuity or an offer of employment, in connection with any decision, approval, disapproval, recommendation, preparation of any part of a purchase request, influencing the content of any specification or purchase standard, rendering of advice, investigation, auditing, or in any other advisory capacity in any proceeding or application, request for ruling or other determination, claim or controversy, or other particular matter, pertaining to any contract or subcontract and any solicitation or proposal therefor.

3. It is a breach of ethical standards for any payment, gratuity, or offer of employment to be made by or on behalf of a subcontractor under a contract to the prime contractor or higher tier subcontractor or any person associated therewith, as an inducement for the award of a subcontract or order.

4. The prohibition against conflicts of interest and gratuities and kickbacks shall be conspicuously set forth in every local public agency written contract and solicitation therefor.

5. It shall be a breach of ethical standards for any public employee or former employee knowingly to use confidential information for his actual or anticipated personal gain, or the actual or anticipated personal gain of any other person. By signing the below, Respondent certifies its ongoing adherence and understanding of the above.

Name _____________________________________ Title ____________________

Signature __________________________________ Date ____________________

RFP250904

Attachment D

ACCIDENT WAIVER AND RELEASE OF LIABILITY

This is an Accident Waiver and Release of Liability agreement between the City of Covington, Kentucky, (hereafter Covington) and ___________________________________ (hereafter Interested Party).

Interested Party wishes to enter the following City of Covington owned properties for measurements, photographs, inspection (hereafter the "Activity").

The structures are at ________________________________________________ Covington, KY (hereafter the “Buildings”).

Covington has agreed to accommodate Interested Party and allow him, her, or them to enter the Buildings in order that the Activity may be undertaken. For adequate consideration, receipt of which is hereby acknowledged, Covington and the undersigned hereby agree as follows:

Interested Party and its employees, agents, subcontractors and any and all persons retained by or associated with Interested Party that will perform the above services related to the Activity agree to ASSUME ALL OF THE RISKS OF PARTICIPATING IN THIS ACTIVITY, including but not limited to any risks that may arise from negligence or carelessness on the part of those being released (Covington, its departments, employees, agents, firemen, administrators, mayor, city commissioners, and any other persons affiliated with or employed by Covington) from dangerous or defective equipment or property owned, maintained or controlled by Covington, or because of its possible liability without fault.

Covington and the undersigned hereby certify that anyone engaging in the above Activity is physically fit, has sufficiently prepared or trained for participation in the Activity, and has not been advised to not participate by a qualified medical professional; and, certifies that there are no health-related reasons or problems which preclude participation in the Activity. The undersigned acknowledges that this Accident Waiver and Release of Liability Form will be relied upon by Covington and that it will govern the undersigned's actions and responsibilities in regard to the Activity.

For adequate consideration, the undersigned hereby takes action for the undersigned, its/his/her executors, administrators, heirs, next of kin, successors, agents, sub-contractors~ affiliates, employees and assigns as follows:

(A) I WAIVE, RELEASE, AND DISCHARGE from any and all liability, including but not limited to, liability arising from the negligence or fault of the entities or persons released, for my death, disability, personal injury, property damage, property theft, or actions of any kind which may hereafter occur to me including my traveling to and from this event.

RFP250904

Attachment D

(B) I INDEMNIFY, HOLD HARMLESS, AND PROMISE NOT TO SUE the entities or persons being released from any and all liabilities or claims made as a result of participation in the Activity, whether caused by the negligence of release or otherwise.

The undersigned acknowledges that Covington and those being released are NOT responsible for the errors, omissions, acts, or failures to act of any party or entity related to the Activity.

The undersigned acknowledges that this Activity may involve a test of a person's physical and mental limits and may carry with it the potential for death, serious injury and property loss. The risks may include, but are not limited to, those caused by terrain, facilities, temperature, weather, condition of buildings, condition of participants, equipment, vehicular traffic, actions of other people including, but not limited to city employees, participants, volunteers, and spectators.

The undersigned hereby consents to receive medical treatment which may be deemed advisable in the event of injury, accident, and/or illness during this activity or event.

I CERTIFY THAT I HAVE READ THIS DOCUMENT, AND I FULLY UNDERSTAND ITS CONTENT. I AM AWARE THAT THIS IS A RELEASE OF LIABILITY AND A CONTRACT AND I SIGN IT OF MY OWN FREE WILL. I AM SIGNING IT FREELY AND VOLUNTARILY AND I UNDERSTAND I DO NOT HAVE TO SIGN IT.

Signed, Signature - Interested Party

Print Name

Date

Exhibit 1

STEEL TRUSS DESIGN STANDARD