Official Bid Document.pdf

RFQ-155-21

DEPARTMENT FOR FACILITIES AND SUPPORT SERVICES

SMALL CONSTRUCTION SOLICITATION

Bidders are requested to provide quotes on this requirement defined as:

REQUEST FOR QUOTES

Wall Coverings Wilson Hall Western Kentucky Veterans Center Hanson, Kentucky

Scope of Work:

The JEB Western Kentucky Veterans Center is a long term care facility with a capacity of 156 Veterans. We are requesting quotes for wall coverings with installation to include removal and disposal of current wall coverings and baseboards with wall prep and installation of new coverings and new baseboard installation for the Wilson Hall unit and Wilson Hall dining area. The facility will choose color option.

The bidder agrees to furnish all labor, materials, supplies and services to complete this requirement in accordance with the attached project description, plans, and/or specifications for the lump sum bid amount as set forth below:

LUMP SUM BID AMOUNT

DOLLARS

(USE WORDS)

CENTS ($)

(USE WORDS) (USE FIGURES)

SIGN IN SPACE BELOW - FAILURE TO SIGN INVALIDATES BID

SIGNED BY: FIRM:

PRINT NAME: ADDRESS:

TITLE:

CITY STATE ZIP CODE

DATE:

TELEPHONE NO:

FEDERAL ID. NO. OR SOCIAL SECURITY NO. EMAIL:

*Minority Contractors, check type of certification:

WBE MBE DBE

*Minority Contractors attach a copy of certification.

QUOTATION SUBMITTAL

Contractor assumes full responsibility for timely delivery off this Quotation in compliance with the described procedures and conditions as stated below. Contractor must email Page 1 of this Request for Quotation. The Affidavit and Insurance Certificate will be required by the successful bidder. The affidavit will not be required if we have one on file.

SEND QUOTES TO:

Margaret MacDonald, Statewide Procurement Branch Manager

Division of Engineering and Contract Administration

403 Wapping Street, 2nd Floor

Frankfort, KY 40601-2638

Email: Margaret.macdonald@ky.gov

Phone No. (502) 564-5182

Quotation Receipt Closing Date: 2/9/2021 4:00 P.M., Eastern Time

The Quotation must be received before the specified closing hour and date for receipt of Quotations.

A Quotation received after the scheduled closing time for reception of Quotations is a "Late Quotation" and may not be considered providing any legal Quotation has been received.

Bidder assumes full responsibility for timely delivery of the Quotation in compliance with the above described procedures and conditions.

METHOD OF BIDDING

Quotations will be received from responsible Prime Contractors on a Lump Sum Bid Basis for the total project. All phases of work shall be bid to and through the Prime Contracting firms.

ACKNOWLEDGEMENT OF ADDENDA TO SOLICITATIONS

Receipt of an addendum to a solicitation shall be acknowledged by the offeror. Such acknowledgement shall be received prior to the hour and date specified for receipt of offers. Verbal acknowledgement shall not be accepted. Failure to acknowledge addenda may cause the offer to be considered non-responsive. Solicitation responses using the latest modified version of the solicitation that incorporates all addenda to the solicitation will be considered acceptable for this requirement.

METHOD OF AWARD

Award shall be issued on the lowest responsive bid by a responsible bidder. Award will be based on the lowest cost to the Commonwealth meeting terms, conditions, plans, and specifications.

RIGHT TO REJECT

The Commonwealth reserves the right to reject any and all Quotations and to waive all informalities and/or technicalities where the best interest of the Commonwealth may be served.

QUOTATION WITHDRAWAL

No bidder may withdraw his Quotation for a period of thirty (30) days after the date set for receipt of Quotation.

TAXES

Kentucky Sales and/or Use Tax mailto:Margaret.macdonald@ky.gov

Bidders are informed that construction contracts for the Commonwealth of Kentucky are not exempt from the provisions of the Kentucky Sales and/or Use Tax. All adjustments and allowances for the current Sales/or Use Tax shall be provided for in the Quotation amount and no later adjustments to the Quotation Sum will be permitted and/or made on this basis.

INSURANCE

"The Contractor shall furnish the Owner with certificates evidencing the required insurance coverage prior to commencing work. Contractor shall keep up-to-date copies of such certificates on the file with Owner until work is completed.

Contractor shall procure and maintain for the duration of the Quotation insurance against claims for injuries to persons or damages to property which may arise from or in connection with the performance of the work hereunder by Contractor, its agents, representatives, employees or subcontractors.

Commercial General Liability:

$250,000 combined single limit per occurrence for bodily injury, personal injury and property damage with a $250,000 annual aggregate.

Workers' Compensation limits as required by the Labor Code of the Commonwealth of Kentucky and employers liability limits of $1,000,000 per accident.

PERFORMANCE AND PAYMENT BONDS

No Performance and Payment Bonds are required on this project.

SAFETY OF PERSONS AND PROPERTY

The Contractor shall continuously maintain adequate protection of all Work from damage and shall protect the Owner's property from injury or loss arising in connection with this Solicitation. He shall make good any such damage, injury, or loss, except such as may be directly due to errors in the Solicitation or caused by agents or employees of the Owner. He shall adequately protect adjacent property as provided by law and the Solicitation.

The Contractor shall take all necessary precautions for the safety of employees on the Work site, and shall comply with all applicable provisions of federal, state, and municipal safety laws and building codes to prevent accidents or injury to persons on, about, or adjacent to the premises where the Work is being performed.

HAZARDOUS MATERIALS

In the event the Contractor unexpectedly encounters on the site material reasonably believed to be asbestos, polychlorinated biphenyl (PCB) or other classified hazardous substances/materials which have not been rendered harmless, the Contractor shall immediately stop Work in the area affected and report the condition to the Owner. The Work in the affected area shall not thereafter be resumed except by written agreement of the Owner and Contractor if in fact the material is asbestos, polychlorinated biphenyl (PCB), or other classified hazardous substances/materials which have not been rendered harmless. The Work in the affected area shall be resumed in the absence of any classified hazardous substances/materials or when it or they have been rendered harmless.

CORRECTION OF WORK PRIOR TO FINAL PAYMENT

The Contractor shall promptly correct Work, which is rejected by the Department as failing to conform to the requirement of the Solicitation.

In addition to being responsible for correcting the Work and removing any nonconforming Work or materials which are not corrected from the jobsite, the Contractor shall bear all other costs of bringing the affected Work into compliance with the Solicitation.

If the Contractor fails to correct nonconforming Work within a reasonable time, the Owner may take steps to correct the Work itself. If, within a ten (10) day period after receipt of written notice to correct the nonconformity, the Contractor has not made serious efforts to correct the nonconformity, the Owner may without prejudice to any other remedies it may have, proceed to correct the non-conforming Work.

An equitable deduction from the Quotation Sum will be made to cover the cost of correcting the Work.

TERMINATION OF CONTRACT FOR CONVENIENCE OF OWNER

The Owner, for any reason whatsoever, may terminate the Quotation for its own convenience when it determines that such termination will be in the best interest of the Commonwealth of Kentucky. The Owner shall give written notice of such termination to the Contractor specifying when termination becomes effective. The Contractor shall incur not further obligations in connection with the Work and the contractor shall stop Work when such termination becomes effective. The Contractor shall also terminate outstanding orders and subcontracts. The Contractor shall settle the liabilities and claims arising out of the termination of subcontracts and orders. The Owner may direct the Contractor to assign the Contractor's right, title and interest under termination orders or subcontracts to the Owner or its designee. The Contractor shall transfer title and deliver to the Owner such completed or partially completed Work and materials, equipment, parts, fixtures, information and Quotation rights as the Contractor has. The Commonwealth shall negotiate a fair and just settlement with the Contractor in accordance with 200 KAR 5:312 Section 2. In such event, the following procedure shall be required:

1) The Contractor shall submit a termination claim to the Owner specifying the amounts due because of the termination for convenience together with costs, pricing or other data required by the Owner. If the Contractor fails to file a termination claim within one (1) year from the effective date of termination, the Owner shall pay the Contractor, an amount derived in accordance with paragraph (3) below:

2) The Owner and the Contractor may agree to the compensation, if any, due to the contractor hereunder pursuant to200 KAR 5:312 Section 2;

3) Absent agreement to the amount due to the Contractor, the Owner shall pay the Contractor the following amounts:

a) Contract prices for labor, materials, equipment and other services accepted under this Quotation.

b) Reasonable costs incurred in preparing to perform and in performing the terminated portion of the Work and in terminating the Contractor's performance, plus a fair and reasonable allowance for direct jobsite overhead and profit thereon (such profit shall not include anticipated profit or consequential damages); provided however, that if it appears that the Contractor would have not profited or would have sustained a loss if the entire Quotation would have been completed, no profit shall be allowed or included and the amount of compensation shall be reduced to reflect the anticipated rate of loss, if any;

c) Reasonable cost of settling and paying claims arising out of the termination of subcontracts or orders pursuant to the initial Paragraph of this Article. These costs shall not include amounts paid in accordance with other provisions hereof.

The total sum to be paid the Contractor under this Article shall not exceed the total Quotation Sum, as properly adjusted, reduced by the amount of payments otherwise made, and shall in no event include duplication of payment.

TERMINATION OF CONTRACT FOR CAUSE

If the Contractor should be adjudged as bankrupt, or if he should make a general assignment for the benefit of his creditors, or if a receiver should be appointed on account of his insolvency or, if the Contractor does not perform the Work, or any part thereof, in a timely manner, supply adequate labor, supervisory personnel or proper equipment or materials, or if it fails to timely discharge its obligations for labor, equipment and materials, or proceeds to disobey applicable law, or otherwise commits a violation of a material provision of the resulting Quotation, then the Owner, in addition to any other rights it may have against the Contractor or others, may terminate the performance of the Contractor upon ten (10) days written notice by registered mail of declaration of default and assume possession of the Project site and of all materials and equipment at the site and may complete the Work. In such case, the Contractor shall not be paid further until the Work is complete. After final completion has been achieved, if any portion of the Solicitation Sum, as it may be modified hereunder, remains after the cost to the owner of completing the Work, including all costs and expenses of every nature incurred, has been deducted by the Owner, such remainder shall belong to the Contractor. Otherwise, the Contractor shall pay and make whole the Owner for such cost. This obligation for payment shall survive the termination of the Quotation. In the event the employment of the Contractor is terminated by the Owner for cause pursuant to this Article and it is subsequently determined by a Court of competent jurisdiction that such termination was without cause, such termination shall thereupon be deemed a Termination for Convenience and the provisions of that Article shall apply.

INDEMNIFICATION

The Contractor shall indemnify and hold the Owner harmless from any and all claims, liability, damage, loss, cost and expense of any and all claims, liability, damage, loss, cost and expense of every type whatsoever including, without limitation, attorneys' fees and expenses, in connection with the Contractor's performance of this Contract, performance of this Contract, provided that such claims, liability, damage, loss, cost or expense is due to sickness, personal injury, disease or death, or to loss or destruction of tangible property (other than the Work itself), including loss of use resulting therefrom, to the extent caused by the Contractor, or anyone for whose acts the Contractor may be liable, regardless of whether such liability, claim, damage, loss, cost or expense is caused in part by the Owner.

CLEANUP

The Contractor shall at all times keep the Project premises and surrounding area free from the accumulation of waste materials or rubbish caused by his operations in connection with the Project. Upon completion of the Work, and prior to final inspection and materials, rubbish, Contractor's construction equipment, tools, machinery, and surplus materials and leave the Project (including but not limited to glass, hardware, fixtures, masonry, tile and marble) in a clean and usable condition satisfactory to the Architect. If the Contractor fails to clean up as provided in the Contract Documents, the Owner may perform the cleaning tasks and charge cost to the Contractor.

REGISTRATION WITH SECRETARY OF STATE:

Domestic and foreign corporations shall be registered with the Kentucky Secretary of State and declared to be in “good standing” prior to award of contract. Offerors should verify status at the following website: http://www.sos.ky.gov and click on “Business Services”.

REGISTRATION with eMars (eProcurement):

In order to receive a contract in the State’s electronic procurement system (eMars/eProcurement), a vendor/contractor shall be registered to conduct business therein. Business entities not already registered may register by visiting the eProcurement website at (https://emars311.ky.gov/webapp/vssprdonline/AltSelfService) and complete the registration information. The website has phone numbers and email addresses to facilitate answering any questions you may have with the registration or update process.

http://www.sos.ky.gov/ https://emars311.ky.gov/webapp/vssprdonline/AltSelfService

ANNUAL REQUIRED AFFIDAVIT FOR BIDDERS, OFFERORS AND CONTRACTORS Page 1 of 2

FOR BIDS AND CONTRACTS IN GENERAL:

I. Each bidder or offeror swears and affirms under penalty of perjury, that to the best of their knowledge:

a. In accordance with KRS 45A.110 and KRS 45A.115, neither the bidder or offeror as defined in KRS 45A.070(6), nor the entity which he/she represents, has knowingly violated any provisions of the campaign finance laws of the Commonwealth of Kentucky; and the award of a contract to the bidder or offeror or the entity which he/she represents will not violate any provisions of the campaign finance laws of the Commonwealth.

b. The bidder or offeror swears and affirms under penalty of perjury that, to the extent required by Kentucky law, the entity bidding, and all subcontractors therein, are aware of the requirements and penalties outlined in KRS 45A.485; have properly disclosed all information required by this statute; and will continue to comply with such requirements for the duration of any contract awarded.

c. The bidder or offeror swears and affirms under penalty of perjury that, to the extent required by Kentucky law, the entity bidding, and its affiliates, are duly registered with the Kentucky Department of Revenue to collect and remit the sales and use tax imposed by KRS Chapter 139, and will remain registered for the duration of any contract awarded.

d. The bidder or offeror swears and affirms under penalty of perjury that the entity bidding is not delinquent on any state taxes or fees owed to the Commonwealth of Kentucky and will remain in good standing for the duration of any contract awarded.

e. The bidder or offeror swears and affirms under penalty of perjury that the entity bidding, is not currently engaged in, and will not for the duration of the contract engage in, the boycott of a person or an entity based in or doing business with a jurisdiction with which Kentucky can enjoy open trade, as defined in KRS 45A.607.

f. The bidder or offeror swears and affirms that the entity bidding, and all subcontractors therein, have not violated any of the prohibitions set forth in KRS 11A.236 during the previous ten (10) years, and further pledge to abide by the restrictions set forth in such statute for the duration of the contract awarded.

FOR “NON-BID” CONTRACTS (I.E. SOLE-SOURCE; NOT-PRACTICAL OR FEASIBLE TO BID; OR EMERGENCY

CONTRACTS, ETC):

II. Each contractor further swears and affirms under penalty of perjury, that to the best of their knowledge:

a. In accordance with KRS 121.056, and if this is a non-bid contract, neither the contractor, nor any member of his/her immediate family having an interest of 10% or more in any business entity involved in the performance of any contract awarded, have contributed more than the amount specified in KRS 121.150 to the campaign of the gubernatorial slate elected in the election last preceding the date of contract award.

b. In accordance with KRS 121.330(1) and (2), and if this is a non-bid contract, neither the contractor, nor officers or employees of the contractor or any entity affiliated with the contractor, nor the spouses of officers or employees of the contractor or any entity affiliated with the contractor, have knowingly contributed more than $5,000 in aggregate to the campaign of a candidate elected in the election last preceding the date of contract award that has jurisdiction over this contract award.

c. In accordance with KRS 121.330(3) and (4), and if this is a non-bid contract, to the best of his/her knowledge, neither the contractor, nor any member of his/her immediate family, his/her employer, or his/her employees, or any entity affiliated with any of these entities or individuals, have directly solicited contributions in excess of $30,000 in the aggregate for the campaign of a candidate elected in the election last preceding the date of contract award that has jurisdiction over this contract.

I. Affidavit Effective Date:

II. Affidavit Expiration Date:

Maximum Length One-Year

ANNUAL REQUIRED AFFIDAVIT FOR BIDDERS, OFFERORS AND CONTRACTORS Page 2 of 2

As a duly authorized representative for the bidder, offeror, or contractor, I have fully informed myself regarding the accuracy of all statements made in this affidavit, and acknowledge that the Commonwealth is reasonably relying upon these statements, in making a decision for contract award and any failure to accurately disclose such information may result in contract termination, repayment of funds and other available remedies under law. If the bidder, offeror, or contractor becomes non-compliant with any statements during the affidavit effective period, I will notify the Finance and Administration Cabinet, Office of Procurement Services immediately. I understand that the Commonwealth retains the right to request an updated affidavit at any time.

Signature Printed Name

Title Date

Company Name

Address

Commonwealth of Kentucky Vendor Code (if known):

Subscribed and sworn to before me by

(Affiant) (Title) of this _____day of ____________,20___.

(Company Name)

Notary Public

[seal of notary] My commission expires: