Addendum One .pdf

COMMONWEALTH OF KENTUCKY

DEPARTMENT FOR FACILITIES AND SUPPORT SERVICES

DIVISION OF ENGINEERING AND CONTRACT ADMINISTRATION

INVITATION TO BID NO: RFB-03-26

FOR: KEWS Electrical Tower Upgrade E2 KSP-Emergency Radio System Replace PH3 Kentucky State Police Various, Kentucky

DATE: June 18, 2025

RFB-785-2500000742

ADDENDUM NO. One (1)

BIDDER SHALL CONFORM TO THE FOLLOWING CHANGES AS SAME SHALL BECOME BINDING

UPON THE CONTRACT TO BE ISSUED IN RESPONSE TO THIS INVITATION TO BID.

Item 1: Revised Special Conditions

END OF ADDENDUM

Invitation to Bid No. RFB-03-26 For: KEWS Electrical Tower Upgrade E2 KSP-Emergency Radio System Replace PH3 Kentucky State Police Various, Kentucky

Susan Ward, Statewide Procurement Analyst II Division of Engineering and Contract Administration

Special Conditions - 10000

SPECIAL CONDITIONS - 10000 Page 1 of 8

Contents

Article Title

‘1 Special Conditions Supplement

‘2 The Project

‘3 Project Contacts

‘4 Times for Completion

‘5 Liquidated Damages

‘6 Temporary Facilities and Controls

‘7 Special Inspections and Testing

‘8 Allowances

‘9 Unit Prices

‘10 Schedule of Additive Alternates

‘11 Additional Project Completion or Close-out Requirements

‘12 Special Project Site Security or Access Required

‘13 Special Delegated Design Requirements

‘14 Other Special Conditions of Contract

Articles

‘1 Special Conditions:

These Special Conditions are provided as a supplement to the General Conditions in the Specifications. Special Conditions will also supersede General Conditions where changes are necessary to coordinate with specific project requirements.

‘2 The Project:

These specifications and drawings accompanying them describe the work to be performed and materials to be furnished for the:

Kentucky State Police (KSP) – Emergency Radio System Replace PH3 KSP-KEWS Tower Electrical Upgrades – E2

(6) New Generator Sites – See Coordinates on Cover Sheet Account No: 520-C93G-SW03-12

Project Description:

This project involves site preparation, restoration, and equipment relocation at selected locations across the Commonwealth. Refer to the construction drawings for site-specific upgrades and modifications including site expansion, new generators, new propane tanks, and relocation of existing site components.

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‘3 Project Contacts:

(Refer to Drawings for Company Addresses / Phone Numbers)

In the roles defined by the General Conditions as “Architect” and as used throughout the Contract Documents as the Architect of the work being constructed, the following firm and its sub-consultants are working under separate contract with the Owner to provide the services under this role:

Architect: Company Name: Vertical Structures, Inc.____________________ Principal-In-Charge: Daniel Blakeman_________________________ Project Manager: Andrew Mathis_________________________

Engineer/s: Company Name: Strand Associates, Inc. _____ Principal-In-Charge: Mike Davis_____________________________ Project Manager: Mike Davis____________________________

In the roles defined by the General Conditions as “Owner” and as used throughout the Contract Documents as the Owner of the work being constructed, is the Commonwealth of Kentucky, acting through the Finance and Administration Cabinet, Department for Facilities Management and Support Services, Division of Engineering and Contract Administration. The Owner is solely represented by the following:

Owner: Finance and Administration Cabinet Facilities and Support Services Division of Engineering and Contract Administration Project Manager: Bill Novak_______________________________ Executive Director: Scott Baker _____________________

In the role defined by General Conditions, “Agency or Using Agency”, is a state government entity which utilizes the work being constructed. This agency is a client of the Owner and advises the Owner on matters related to the project. This Using Agency does not possess the legal authority of Owner:

Using Agency: Kentucky State Police Program Manager: David Barker____________________________ Project Manager: Lucien Morris__________________________ Director: Brandon Marshall________________________

In the roles defined by the General Conditions as “Commissioning Authority” and as used throughout the Contract Documents as the Commissioning Agent of the work being constructed, the following firm is working under separate contract with the Owner to provide the services under this role:

Commissioning Authority: Company Name: N/A________________________________ Principal-In-Charge: ___________________________________ Project Manager: _________________________________

SPECIAL CONDITIONS - 10000 Page 3 of 8

In the roles defined by the General Conditions as “Special Inspector” and as used throughout the Contract Documents as the firm performing Special Inspections as required by the Kentucky Building Code for the work being constructed, the following firm is working under separate contract with the Owner to provide the services under this role:

Special Inspector: Company Name: Provided By Contractor _________________ Principal-In-Charge: _________________________ Project Manager: __________________________

‘4 Times of Completion:

Subject to the conditions of Article ’16 – “Delays and Extension of Time” of the General Conditions, the work to be performed under this Contract shall be completed as follows:

Substantial Completion: 120 Calendar Days from date of Executed Contract for Construction.

Article ’19.4 of the General Conditions set forth specific requirements of the Commonwealth of Kentucky that are necessary to be fulfilled by the Contractor in order to be determined to have accomplished Substantial Completion by this date. Refer to Article ’11 of these Special Conditions for additional requirements of this specific project required to accomplish Substantial Completion.

Final Completion: 30 Calendar Days beyond Substantial Completion.

Article ’19.5 of the General Conditions set forth specific requirements of the Commonwealth of Kentucky that are necessary to be fulfilled by the Contractor in order to be determined to have accomplished Final Completion by this date. Refer to Article ’11 of these Special Conditions for additional requirements of this specific project required to accomplish Final Completion.

As indicated in Article ‘4 of the General Conditions, “Construction Schedule”, the following limitations of work times are set forth herein that are to be accounted for by the Contractor in scheduling and sequencing of the work:

Work Restrictions and “Black-Out” Dates: All State Holidays

Project Phasing (Separate start and completion dates): N/A

Limitations on daily work times:

Work hours shall occur from 7am to 6pm Monday through Friday. Later hours and weekend work can be requested and is at the discretion of the KSP Area Supervisor. Work requests shall be made via email and written permission from KSP Area Supervisor must be documented by Contractor. Care must be taken to assure roads are not blocked with large equipment or deliveries during local rush hours. Any access requested outside standard business hours will require advance notice of at least 24 hours. Failure to provide advance notice may result in rejecting the request.

The contact information for KSP Area Supervisors is below:

0806 West Liberty, 0905 Spring Knob, and 0906 Dicks’ Knob Tim Osborne Timothy.Osborne@ky.gov Phone: (502) 229-9047

SPECIAL CONDITIONS - 10000 Page 4 of 8

1006 Pineville, 1008 Chunk Lick, and 1108 Shelly Brian Higgins Brian.Higgins@ky.gov Phone: (606) 521-4149

Work being Performed by the Owner or by Others: N/A

Products ordered by the Owner in Advance/ Anticipated Delivery Dates:

The new generators and automatic transfer switches will be provided by the Owner. The contractor is responsible for loading and transporting these components to the project locations. The generators are stored in the Post 12 Parking Lot at 1250 Louisville Road, Frankfort, KY 40601. The automatic transfer switches are stored in the KSP Communications Warehouse at 1311 Louisville Road, Frankfort, KY 40601. The Contractor will need to coordinate with the Owner to obtain access to the Owner’s storage facilities.

Construction Contract Time required for Commissioning: N/A

Construction Contract Time required for Testing and Balancing: N/A

‘5 Liquidated Damages / Damages from Untimely Performance:

In accordance with Article ’19.7 of the General Conditions, the Contractor shall pay the Owner the following identified amount for each and every calendar day of unexcused delay in achieving Substantial Completion and Final Completion beyond the date set for below for each:

Substantial Completion Liquidated Damages are $1,400.00/calendar day for each day beyond the established Date of Substantial Completion until the Actual Date of Substantial Completion is achieved.

(See Article ’19.4 of the General Conditions and Article ’11 of these Special Conditions for requirements for Substantial Completion).

Final Completion Liquidated Damages are $450.00/calendar day for each day beyond the established Date of Final Completion until the Actual Date of Final Completion is achieved. (See Article ’19.5 of the General Conditions and Article ’11 of these Special Conditions for requirements for Final Completion).

‘6 Contractor Provided Temporary Facilities and Controls:

Construction Office/Trailer:

A construction office/trailer is not required. However, the Contractor must have a location on site where the as-built drawings are being maintained.

Contractor shall provide cellular/digital phone service for job site communication.

Contractor shall provide the Owner with 24-hour emergency phone numbers.

Staging / Parking:

Available on site. Location to be determined at pre-construction meeting.

All activities must remain within the area of disturbance.

SPECIAL CONDITIONS - 10000 Page 5 of 8

Temporary Fencing and Signage:

Warning signs shall be posted, and temporary chain-link fence shall be required for site security and safety during work at each site. The Contractor is responsible for maintaining fenced site security at all times, similar to the existing security fence.

Portable Toilet Facilities:

Portable toilet facilities shall be provided by Contractor at each site location. Owner’s facilities shall not be used.

Utilities:

All required temporary utilities will be contractor’s option, at contractor’s expense.

Water: None available. Contractor to provide as required.

Electric: Contractor may use existing electrical service for construction activities, only and insofar this use does not inconvenience the Owner or disrupt the Owner’s occupancy of other spaces not under construction. All temporary electrical services shall be removed.

Gas: None available.

‘7 Special Inspections and Testing:

Article ’12 of the General Conditions and the technical specifications of the Contract Documents define and establish the requirements and provisions for Inspection of the Work, Special Inspections performed by others working under separate contract with the Owner and testing to be provided by the Contractor.

Structural Special Inspections and Testing:

See Construction Documents for description of the structural items requiring special inspections.

Required special inspections including foundation inspections and material testing are the Contractor’s responsibility.

Site Special Inspections and Testing:

See Construction Documents for description of the site items requiring special inspections.

1. Concrete Foundations level to within ¼”

2. Grounding per Motorola R-56 Standards

3. Propane tank spark distance of at least 10’

Contractor Provided Testing:

Required special inspections including foundation inspections and material testing are the Contractor’s responsibility.

All other testing required by the Contract Documents are Contractor Provided Testing.

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The Independent Special Inspection company provided by the Contractor shall be approved by the Owner prior to work starting on the project. The Contractor shall submit Special Inspector qualifications and company information validating the qualification requirements for review and approval. The Owner has full authority to reject the submitted Special Inspector and require the Contractor to provide a substitute company at their cost (the Contract amount and Time shall not be modified).

The Special Inspector’s Qualifications and Duties shall be as follows:

1. The Special Inspector shall have a minimum of 8 years of experience performing special inspections.

2. The Special Inspector is professionally qualified to act as a professional as anticipated under this Contract and is licensed to practice engineering, by all public entities having jurisdiction over the Special Inspector as it performs work in the Commonwealth of Kentucky.

3. The Special Inspector shall maintain all necessary licenses, permits or other authorizations necessary to act as a professional Special Inspector as anticipated under this Contract until the Special Inspector’s duties hereunder have been fully satisfied.

4. The Special Inspector shall exercise that degree of care and skill ordinarily exercised by members of the same profession currently practicing under similar circumstances in preparing all documents required by this Contract including, but not limited to all specific special inspections required, and shall exercise usual and customary professional care to conform and comply with all applicable laws, codes and regulations in effect at the time of this Contract.

5. The Special Inspector shall be qualified and required to perform all duties identified within Article 12 of the General Conditions and all pertinent technical specifications.

6. The Contractor assumes responsibility to the Owner for the negligent acts, errors, and omissions of the Special Inspector’s employees for professional services provided under this Contract.

‘8 Allowances included in the Contract Amount:

The Contractor is required by Article ’30 of the General Conditions to include in the Contract Amount the following Allowances:

None

Allowances shall include all necessary materials, costs of delivery, installation labor, tools and equipment necessary to provide the item or services indicated in the Allowance. When the item of work or service is completed, the Contact Amount is modified by Change Order to reconcile the Allowance with the actual cost of the item or service provided. The contractor’s overhead, profit, insurance and bonds, and administrative costs are included in the prescribed markup permitted by Article ’14 of the General Conditions “Changes in the Work” and are not to be included in the Allowance.

‘9 Unit Prices established by the Form of Proposal:

The Contractor is required at time of submitting a bid proposal for this work to provide specific Unit Prices that will be used to add or deduct those specific work items or services by an established unit of measure and the stated price per unit.

Unit prices include all necessary materials, costs of delivery, installation labor, tools and equipment necessary to provide the unit measured item. If a unit price is used in a change to the work by Change Order, the contractor’s overhead, profit, insurance and bonds, and administrative costs are included in the prescribed markup permitted by Article ’14 of the General Conditions “Changes in the Work” and are not to be included in the unit price.

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For a schedule of Unit Prices see the “Unit Prices” section of the Bid Form of Proposal.

‘10 Schedule of Additive Alternates:

The Bid Form of Proposal includes Additive Alternates that, if accepted by the Owner during review of bids, become a part of the Contract Amount. Additive Alternates are listed in the order which they will be considered and may be accepted by the Owner to be included in the base Contract of the Work. The following is the sequential listing and description of Additive Alternates:

None

Additive Alternates include all necessary materials, costs of delivery, installation labor, tools and equipment, contractor’s overhead, profit, insurance and bonding, and administrative costs. All work necessary to provide the work described in the Additive Alternate is to be included.

‘11 Additional Project Completion or Project Close-Out Required:

Article ’19.4 of the General Conditions “Substantial Completion” defines the specific MANDATORY requirements to be accomplished or provided to achieve Substantial Completion of the Project. In addition to those requirements, the following requirements are also MANDATORY requirements to be accomplished or provided to achieve Substantial Completion of this Project:

None

Article ’19.5 of the General Conditions “Final Completion” defines the specific MANDATORY requirements to be accomplished or provided to achieve Final Completion of the Project. In addition to those requirements, the following requirements are also MANDATORY requirements to be accomplished or provided to achieve Final Completion of this Project:

‘12 Special Project Site Security or Access Requirements:

All sites are secured by lock and key and will require coordination with the Owner to gain access to each facility. The Contractor is responsible for maintaining site security on a daily basis using security fencing similar to the existing security fence. This includes access to the existing and new shelters.

‘13 Special Delegated Design Requirements:

‘14 Other Special Conditions of Contract:

At the end of each day’s construction, the grounds from the tower and each corner of the shelter shall be grounded to the site ground ring to ensure grounding during non-work hours.

Before the start of construction, the Contractor is required to take inventory of all owner supplied material to ensure complete and correct items are available.

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The Contractor is responsible for providing, installing, and filling the propane tanks. The Contractor shall provide documentation of the propane tank serial numbers and bill of sale.

The Contractor is responsible for filling the diesel generator fuel tank.

The Contractor is responsible for coordinating and scheduling the generator and ATS commissioning with Cummins.

The Contractor cannot use the existing shelter buildings for storage.

Electrical Power: AC Power will not be disconnected or powered down from the site until approved by the KSP Area Supervisor. The Contractor shall coordinate with the local Electrical Inspector to ensure that they are present when required and that all approvals and necessary coordination is completed in a timely manner and prior to cutover.

Weather Data: Article 16.1.2.1 of the General Conditions references NOAA historical weather data. Historical data for these project sites shall be determined from the Pikeville KSP Post 9 USC00156360 station. A copy of the historical climate data for this Station is included following this section. The Mean Number of Days of Daily Precipitation >= 0.10 inches will determine the baseline for monthly adverse weather conditions. Rain events less than 0.10 inches will not be considered adverse weather.

Immediately following the award of Contract for this Work, Contractor shall determine sources of supply for all materials and length of time required for their delivery, including materials of subcontractors, and order shall be placed for such materials promptly. The Construction Schedule, which should incorporate delivery times, will be reviewed during the Pre-Construction meeting.

If, for any reason, any item specified will not be available when needed, and Contractor can show that he has made a reasonable, persistent effort to obtain item in question, the Architect is to be notified in writing, within 10 days after Contract is signed, and he will either determine source of supply or arrange with Owner for appropriate substitute within terms of Contract. Otherwise, the Contractor will not be excused for delays in securing material specified and will be held accountable if completion of building is hereby delayed.

All required site progress photographs shall be taken using the maximum range of depth of field, and that are in focus, to clearly show the Work. Photographs with blurry or out-of-focus areas will not be accepted.

Provide images produced digitally at an image resolution of not less than 1600 x 1200, in JPG format; provide files unaltered by photo editing software.

END OF SPECIAL CONDITIONS