COMMONWEALTH OF KENTUCKY

DEPARTMENT FOR FACILITIES AND SUPPORT SERVICES

DIVISION OF ENGINEERING AND CONTRACT ADMINISTRATION

REQUEST FOR PROPOSAL

REQUEST NUMBER: RFP-47-19

PROPOSAL FOR: Design/Build Services Photovoltaic & Lighting Upgrade Project

Carrollton Readiness Center Carroll County, Kentucky

DESIGN BUILD BUDGET: $165,000

Maximum Not-to-Exceed Amount

NOTE: Any proposal with a Guaranteed Maximum Price (GMP) in excess of the published Maximum Not-to-Exceed Amount of $165,000 will be disqualified and not considered for contract award.

PROPOSAL SUBMISSION DATE: September 12, 2018 Division of Engineering & Contract Administration

403 Wapping Street Frankfort, Kentucky 40601 3:00 P.M. (Eastern Daylight Time)

PRE-PROPOSAL MEETING: August 29, 2018 At the Site, 10:30 AM. (Eastern Time)

1828 Highway 227 Carrollton, KY 41008

PURCHASING OFFICER / BUYER: Kelly Hawkins

PROPOSALS MUST BE RECEIVED BY DATES AND TIMES INDICATED ABOVE.

THIS IS NOT AN ORDER, READ ALL INSTRUCTIONS, TERMS, AND CONDITIONS

Specific procurement and project details for this RFP will follow in subsequent sections.

SIGNATURE REQUIRED: A proposal will not be considered valid unless the offeror signs it and prints or types the required information in the space provided below. Offers signed by an agent are to be accompanied by evidence of his authority unless such evidence has been previously furnished to the issuing office.

SUBMIT ORIGINAL PROPOSAL TO: Department for Facilities and Support Services

Bush Building 403 Wapping Street

Attn: Kelly Hawkins

NOTICE

1. It is the intention of this Request for Proposal (RFP) to enter into competitive negotiation as authorized by KRS 45A.085 and 200 KAR 5:307.

2. Proposals for competitive negotiation shall not be subject to public inspection until negotiations between the purchasing agency and all offerors have been concluded and a contract awarded to the responsible offeror submitting the proposal determined in writing to be the most advantageous to the Commonwealth, price and the evaluation factors set forth in the advertisement and solicitations for proposals considered.

3. An award of contract may be made upon the basis of the initial written proposals received without written or oral discussions.

4. Contracts resulting from this RFP must be governed by and in accordance with the laws of the

Commonwealth of Kentucky.

5. The Commonwealth reserves the right to request proposal amendments or modifications after the proposal receiving date.

6. The contents of the successful proposal shall become part of any contract awarded.

7. Any agreement or collusion among offerors or prospective offerors which restrain, tends to restrain, or is reasonably calculated to restrain competition by agreement to bid at a fixed price, or to refrain from bidding, or otherwise, is prohibited.

8. Any person who violates any provisions of KRS 45A.325 shall be guilty of a felony and shall be punished by a fine not less than five thousand dollars nor more than ten thousand dollars, or be imprisoned not less than one year nor more than five years, or both such fine and imprisonment.

Any firm, corporation, or association which violates any of the provisions of KRS 45A.325 shall, upon conviction, be fined not less than ten thousand dollars nor more than twenty thousand dollars.

(This page and following signature page must be completed and included with the Proposal.)

AUTHENTICATION OF OFFER AND STATEMENT OF NON-COLLUSION AND NON-CONFLICT OF

INTEREST

I hereby swear (or affirm) under the penalty for false swearing as provided by KRS 523:040:

I. That I am the offeror (if the offeror is an individual), a partner (if the offeror is a partnership), or an officer or employee of the bidding corporation having authority to sign on its behalf (if the offeror is a corporation);

II. That the attached offer regarding the Kentucky Division of Engineering and Contract

Administration Request for Proposal RFP-27-12 has been developed by the offeror independently and has been submitted without collusion with, and without any agreement, understanding, or planned common course of action with, any other vendor of materials, supplies, equipment or services described in the Request for Proposal, designed to limit independent bidding or completion;

III. That the offeror or its employees or agents to any person not an employee or agent of the offeror or its surety on any bond has not communicated the contents of the offer furnished and will not be communicated to any such person prior to the award of a contract;

IV. That the offeror is legally entitled to enter into the contracts with the Commonwealth of

Kentucky and is not in violation of any prohibited conflict of interest, including those prohibited by the provisions of KRS 45A.330 to 45A.340 and 164.390;

V. That the offeror, if awarded a contract, would not be in violation of the Executive Branch Code of Ethics established by KRS 11A.001 through KRS 11A.990; and

VI. That I have fully informed myself regarding the accuracy of the statements made above.

CONTRACT

Unless otherwise indicated, the Request for Proposal contemplates a firm-fixed contract.

OFFICIAL SIGNATURE PAGE

MUST BE TURNED IN WITH THE PROPOSAL SUBMITTALS

IMPORTANT: MUST BE TYPEWRITTEN OR COMPLETED IN INK

Agent/Officer:

Signature:

Firm:

Address:

City:

State:

Zip Code:

Telephone Number:

Fax Number:

E-mail Address:

Date:

Federal Employer Identification Number or Social Security Number:

Type of Ownership:

Individual

Sole Proprietorship

Partnership/Joint Venture

Corporation

TABLE OF CONTENTS

I. PROPOSED PROJECT SCHEDULE

II. PROJECT DESCRIPTION

III. PROCUREMENT INFORMATION

IV. CONTRACT LANGUAGE AND GENERAL RFP TERMINOLOGY

V. PROPOSAL FORMAT and SUBMISSION

VI. SELECTION PROCESS and METHOD OF AWARD

VII. ATTACHMENTS AND MISCELLANEOUS INFORMATION

Design/Build Services Photovoltaic & Lighting Upgrade Project

I. PROPOSED PROJECT SCHEDULE

Issue Design Build RFP: August 14, 2018

Site Visit/Pre-Proposal Meeting: August 29, 2018 at 10:30 AM ET

Deadline for Receipt of Questions September 4, 2018 COB

Deadline for Issuance of Addenda September 5, 2018

Design-Build Proposals Due: September 12, 2018 at 3:00 PM ET

Design/Build Selection Committee Meeting: September 17, 2018 at 9:00 AM ET

Owner Issue Notice of Intent to Award Contract: September 18, 2018

Deadline for Selected Design-Builder to Submit September 21, 2018 executed Contract, Performance and Payment Bonds and Insurance Certificates

Deadline for Final Execution of the Contract September 24, 2018 by the Commonwealth of Kentucky, Owner

Design Start: September 24, 2018

Substantial Completion of Construction: February 21, 2019 (one hundred fifty calendar days)

Final Completion of Construction: March 23, 2019 (thirty calendar days)

II. PROJECT DESCRIPTION

Carrollton Readiness Center PHOTOVOLTAIC and LIGHTING UPGRADE PROJECT

1.0 GENERAL DESCRIPTION OF WORK

The scope of this project includes all work required to design and install a grid-tied roof mounted photovoltaic (PV) solution for the Kentucky National Guard at the Carrollton Readiness Center in Carroll County, Kentucky producing a minimum of 41,800 kWh’s annually (First Year), install LED luminaires with photo motion sensor for all exterior luminaires, and install LED replacement or retrofits for all interior luminaires. The work shall be in accordance with Requests for Proposal Documents.

General Description of Work: The Design-Builder shall provide any and all design and any and all construction services required and/or necessary for the complete design and construction of the Project. Services shall include compliance with all governing laws, regulations and codes. Services shall include obtaining all regulatory permits and approvals, including from the Department of Housing, Buildings and Construction (HBC). Any fees due to the Dept. of Housing, Buildings and Construction (HBC) for plan review and for electrical inspection will be paid by the Design-Builder.

The selected Design-Builder shall prepare and submit any and all submittals required by HBC or any other governmental agency having jurisdiction. The design and construction of this Project will not require the approval of, nor payment of any fees to, Frankfort or the County.

2.0 CONTRACT COST CEILING LIMITATION FOR DESIGN AND CONSTRUCTION COSTS

The design and construction costs will be subject to the funds available for this project. The total contract award shall not exceed $165,000.00 for this contract. Offerors are notified that they are under no obligation to approach this ceiling. However, the Government will not be able make an award if the dollar amount set for this project is exceeded.

3.0 GOVERNMENT SECURITY REQUIREMENTS

Upon successful award of contract, contractors will be subject to vehicle search and must have a valid photo ID. Vehicle Operators must have a valid driver’s license and proof of insurance. A list of authorized personnel will be submitted by the Contractor to the security office on a routine basis.

4.0 PROJECT OBJECTIVES

4.1 PHOTOVOLTAIC ARRAY

The ultimate goal of this project is to provide a grid-tied photovoltaic (PV) solution for the Kentucky National Guard. This system is to be installed on the existing roof of the Carrollton Readiness Center. The site is located at coordinates [38.664016, -85.142130] south of General Butler State Park.

The Inverters shall have a minimum AC rating of 30KW and the PV Array shall have minimum DC rating of 35.1 KW. The minimum ratio of AC rating to DC Rating shall be 1.0 : 1.17. The system shall produce a minimum of 41,800 kWh’s annually (First Year). The KYARNG determined this information using NREL’s PV WATTS Calculator, see attachment.

The PV system shall have inverter(s) with Ethernet connected gateways capable of BACnet communication protocols over IP for integration to existing building automation systems as well as provide a web-based stand-alone front end. The stand-alone, secured, web-based front end shall be capable of continuous monitoring, measuring and recording individual inverter’s production as well as total photovoltaic system production, and building electric consumption giving immediate feedback.

The stand-alone web based front end shall have built in memory capacity capable of recording a minimum of 25 years of data. The contractor will be responsible for setup and commissioning of the stand-alone front end.

The Contractor is responsible for installing green CAT5e communication cable from the web-based stand-alone front end to the IT server at the facility. Modules may be installed as roof mounted ballast, solar covered parking structure, or any combination thereof. All PV equipment must be protected from damage that might occur from vehicles or equipment that is used in the general day to day activities of the facility.

4.2 EXTERIOR LIGHTING

There are currently four (4) High Intensity Discharge (HID) exterior luminaires ranging from 100-460 watts and three (3) 60 watt incandescent exterior luminaires. There are currently five (5) utility owned exterior luminaires. It is the desire of the Kentucky Army National Guard (KYARNG) to replace these luminaires throughout providing sufficient lighting for operations and security and remove the utility owned fixtures. Replace the HID luminaires with a LED replacement that requires no more than 1/2 the wattage of the current system at a color temperature of 4800K-5200K. All exterior luminaires will be controlled with a combination photo/motion sensor.

It will be necessary to install aluminum poles on concrete pedestals utilizing a new layout to meet the security requirements to provide a minimum luminance level no less than 0.2 foot-candle’s (measured at ground level) at the perimeter of the fences and parking areas in accordance with Army Physical Security Program. All new poles will be at a minimum 10 foot offset from the perimeter fence to ensure physical security of the facility is maintained. All new poles shall be aluminum (30 foot max height) with a reinforced concrete base (3 foot minimum / 5 foot maximum above ground level) capable of withstanding luminaire weight, ice, and wind loads. Also maintenance shall be considered in the design so that the luminaires are easy to access and maintain. All disturbed soil or asphalt from excavation shall be returned to pre-construction conditions. All new penetrations made in the buildings envelope shall be sealed with approved materials.

It is the KYARNG’s objective that these replacement LED components will have a minimum 100,000 hour useful life with less than 70% degradation before a possible replacement is necessary for all shoe box, flood, cobra head, and wall pack replacement luminaries. All luminaire components shall have a minimum 5 year parts and labor warranty from date of purchase. All luminaires will be controlled with a photo/motion sensor combination, allowing the lamp to run at half wattage until the motion sensor is activated allowing maximum energy savings and dark sky initiatives’.

Therefore, the design and installation should provide an appropriate level of quality to ensure the continued use of the luminaries and components over that time period with the application of reasonable preventative maintenance and repairs that would be industry-acceptable to a major civilian sector project owner. The project site should be developed for efficiency and to convey a sense of unity or connectivity throughout the installation.

4.3 INTERIOR LIGHTING

There are currently twenty (20) 460 Watt Hi-Bay metal halide luminaries in the drill hall of the armory.

It is the desire of the KYARNG to replace these fixtures with LED fixtures that require less than half (1/2) the wattage of the current system and provides a minimum luminance level of 40 foot candles

(fc) at a color temperature of 3800K-4200K. All drill hall luminaries shall be equipped with dimming/multi-level control switch to adjust the lighting level. All drill hall luminaries shall be controlled by a combination of a manual switch and motion sensors. Occupants will be required to illuminate the luminaries with a manual switch and the motion sensor will turn the luminaries off if no motion is detected for a specified amount of time. A minimum of one and a maximum of three luminaires in the drill hall shall be on a separate circuit so that it can remain on overnight for security purposes.

There are currently nine (9) 1x4 2-bulb T8 fixtures in the cold storage building. It is the desire of the KYARNG to replace the fluorescent fixtures with LED fixture’s that require no more than half (1/2) the wattage of the current system and provides a minimum luminance level of 20 foot candles (fc) at a color temperature of 3800K-4200K. All cold storage luminaries shall be controlled by a timer switch.

There are currently one hundred and eleven (111) T8 fixtures, three (3) CFL fixtures, and four (4) incandescent fixtures, in the office areas. It is the desire of the KYARNG to replace the fluorescent and incandescent fixtures with LED’s that require no more than half (1/2) the wattage of the current system and provides a minimum luminance level of 50 foot candles (fc) at a color temperature of 3800K-4200K.

Emergency Lighting fixtures shall be replaced with LED fixtures. Exit signs shall be replaced with LED Exit sign fixtures.

It is the KYARNG’s objective that these replacement LED components will have a minimum of 100,000 hour (Hi Bays in Drill Hall) and 50,000 hour (all other interior fixtures) useful life with less than 70% degradation before a possible replacement is necessary for all luminaries. All luminaire components shall have a minimum five (5) year parts and labor warranty from date of purchase. The design and installation should provide an appropriate level of quality to ensure the continued use of the luminaries and components over the 100,000/50,000 hour time period with the application of reasonable preventative maintenance and repairs that would be industry-acceptable to a major civilian sector project owner. The project site should be developed for efficiency and to convey a sense of unity or connectivity throughout the installation.

5.0 PROJECT SPECIFIC REQUIREMENTS

5.1 SITE PLANNING AND DESIGN

6.0 TECHNICAL SPECFICAITONS

6.1 SITE N/A

6.2 ARCHITECTURAL

6.4 RENEWABLE ENERGY

A. General: Modules may be placed on poles with appropriate hardware or can be provided on a ground array.

B. Performance requirements:

1. Photovoltaic system as defined by PV panels, mounting racks, inverters, monitoring system, batteries, and wiring shall be installed by a NABCEP certified installer or licensed master electrician.

2. Provide PV, electrical and mounting materials that are compatible with each other under conditions of service and required application.

3. The contractor shall be responsible for providing complete documentation for the system installed and include: detailed electrical connection diagrams, detailed communication connection diagrams and structural design for all mounting hardware.

4. The contractor is responsible for all connections, wiring, conduit, supports and any other items to provide a complete code compliant system.

5. Site specific Tilt angle: per NREL data

C. Quality assurance:

1. A master electrician or NABCEP certified installer who is licensed or authorized by the PV manufacturer product that is able to receive the manufacturer’s warranty.

D. Warranty: will meet or exceed

1. Panels shall have a 10 year warranty at 90% power output and a 25 year at 80% power output

2. AC inverter and Combiner shall have a 5 year material warranty.

3. PV mounting structures shall have a 10 year material warranty.

E. Products: will meet or exceed

1. Modules shall have an output rating of -0/+2.5% guaranteeing maximum output and efficiency of the system.

2. Modules will have an anti-reflective glass allowing more light to enter the system and will limit hindrance to vision from personnel above the system.

3. Modules will contain no hazardous materials such as lead or cadmium.

7.0 ATTACHMENTS:

Carrollton 35KW DC PVWatts Calculator.pdf Carrollton Utility Site Plan.JPG A6001 242 B3001 Floor Plan z-242.tif A6001 251 B3001 Elec FP z-251.tif

8.0 SITE ISSUES

The site is to be returned to conditions as good as or better than they currently exist. Any need to alter the site for purposes of completing the project shall receive prior approval by the agency.

9.0 COORDINATION

Coordinate all construction procedures/activities with the agency point of contact:

SSG Justin Burgett Armory Manager 502-607-5215 (office) 859-992-1684 (cell) justin.s.burgett.mil@mail.mil

10.0 TECHNICAL PERFORMANCE REQUIREMENTS

1. All proposed materials, systems, fixtures, and equipment shall be reviewed for durability;

maintainability; consistency with stated RFP requirements; and, replacement availability.

2. Life cycle cost analysis may be performed in the review of operating systems to evaluate cost of maintenance and operation.

3. Durability, low maintenance and energy efficiency are critical design elements.

4. All materials, exterior and interior, shall be of premium quality.

5. Erosion control during construction is essential. Comply with all local/state/federal codes.

11.0 COMPLIANCE

1. The latest version of the Kentucky Building Code is the required standard. The Commonwealth of Kentucky’s Department of Housing Buildings and Construction is responsible for review and permitting:

Department of Housing, Buildings and Construction 101 Sea Hero Road, Suite 100 Frankfort, KY 40601 Phone: 502-573-0373

2. All design and engineering professionals must be licensed in the Commonwealth of

Kentucky.

3. Final drawings must be sealed and signed by registered professionals.

12.0 TEMPORARY FACILITIES

Design/Builder is responsible for:

1. Collection and disposal of waste to keep facilities clean.

2. A safe and efficient construction environment and site. Do not allow hazardous or dangerous conditions to develop on the site.

3. Keeping roadways leading to the site free and clear of mud and debris.

4. Control of dust, erosion and runoff throughout construction.

13.0 EARTHWORK AND SITE IMPROVEMENTS

1. A geotechnical report for this site will not be available.

2. Soils engineer shall be employed by the Design/Builder to make recommendation for foundation design and for compaction inspection and testing during site grading and backfilling operations. Cut and borrow with 8” lifts and compact. Compacted fill shall be 95 percent Modified Proctor. Grade site to drain water away from building.

3. Soil treatment for termites is required; apply to soil and under grade beams, concrete slabs, walls adjacent to the building and around pipe and conduit penetrations.

4. The Design/Builder is responsible for clearing the site; salvage trees of value (if any) wherever possible. Topsoil can be stockpiled and re-used; unsuitable waste materials must be removed from campus. If applicable, the Design/Builder is responsible for the cost and work associated with extending utilities to the site. In some cases, this will involve work outside the boundaries of the site. The location of utilities will be shown on the site survey, which will be issued by addendum.

III. PROCUREMENT INFORMATION

A. PURCHASING OFFICER

1. The Purchasing Officer for this RFP is Kelly Hawkins, Division of Engineering and Contract Administration, Department for Facilities and Support Services, Bush Building, 403 Wapping Street, Frankfort, Kentucky 40601. All questions, comments, concerning the procurement process, etc., or this RFP, shall only be directed to Kelly Hawkins e-mail: Kelly.Hawkins@ky.gov, telephone: (502) 564-4414. Questions regarding technical issues shall be directed in writing to Kelly Hawkins. All answers to technical questions will be issued by addendum only. Discussions regarding any portion of the RFP evaluation process with anyone outside of the Purchasing Officer (and the evaluation team during oral presentations) are strictly prohibited. Violation of this provision may result in the disqualification of the Respondent’s response.

B. RFP CANCELLATION/REJECTION OF PROPOSALS

1. Pursuant to KRS 45A.105, this RFP may be canceled, or all proposals rejected, if it is determined in writing by the Commonwealth that such action is in the best interest of the Commonwealth.

C. DISPOSITION OF PROPOSALS

1. All Proposals become the property of the Commonwealth of Kentucky. The successful proposal will be incorporated into the resulting contract by reference.

D. CLARIFICATION/ADDITIONAL INFORMATION AFTER RECEIPT OF PROPOSALS

1. The Commonwealth reserves the right to request clarification or additional information after receipt of proposals. The Commonwealth may not accept revisions, or alterations to proposals after the proposal due date.

E. COMMITMENT OF THE COMMONWEALTH

1. The issuance of this RFP neither constitutes a Commitment by the Commonwealth to award a contract, or to pay any costs incurred in the preparation of a response to this request.

F. RFP ADDENDA

1. Addenda to this RFP may be necessary prior to the closing date(s) and will be posted on eprocurement.ky.gov.

2. Failure to acknowledge receipt of addenda in accordance with the instructions contained in the Addendum may result in the proposal not being considered.

G. BEGINNING OF WORK

1. The successful Respondent(s) must not commence any work until a valid contract has been executed. All work will be coordinated with the Finance and Administration Cabinet in order to monitor the progress of implementation.

H. ADVERTISING AWARD

1. The Respondent(s) shall not refer to awards in commercial advertising in such manner as to state or imply that the firm or its services are endorsed or preferred by the Commonwealth of Kentucky

I. TITLES

1. Titles of paragraphs used herein are for the purpose of facilitating ease of reference only and shall not be construed to infer a contractual construction of language.

J. ISSUING OFFICE

1. This RFP is being issued by the Finance and Administration Cabinet, Department for Facilities and Support Services, Division of Engineering and Contract Administration. Only the Cabinet has the authority to sign or obligate the Commonwealth to this solicitation. The address of the Division is:

Finance and Administration Cabinet Division of Engineering and Contract Administration Bush Building - 403 Wapping St.

K. ACCEPTANCE OF PROPOSALS

1. The Commonwealth will accept all proposals properly submitted. However, the Commonwealth reserves the right to reject necessary amendments, reject all proposals, and/or reject any proposal that does not meet requirements as stated herein, according to the best interest of the Commonwealth.

2. The Commonwealth also reserves the right to waive what it deems minor irregularities or technicalities in proposals providing such action is in the best interest of the Commonwealth.

3. Where the Commonwealth may waive minor irregularities or technicalities such waiver shall in no way modify the RFP requirements or excuse the Design-Builder from full compliance with the RFP and other contract requirements if the Design-Builder is awarded the contract.

L. TYPE OF CONTRACT

1. A Firm/Fixed Contract is anticipated.

M. PAYMENTS

1. The Method of Payment for Design Services and Construction Work will be based on normal payment procedures of the Department for Facilities and Support Services and for work completed.

N. DEVIATIONS FROM THE CONTRACT

1. The stated requirements appearing in this RFP shall become a part of the terms and conditions of any resulting contract. Any deviations must be specifically defined by the Respondent in his proposal, which, if successful, shall become part of the contract, but such deviations must not be in conflict with the basic nature of this offer.

2. Respondent(s) shall thoroughly examine and be familiar with the requirements of this document. The failure or omission of any Respondent to receive or examine this document shall in no way relieve any Respondent of obligations with respect to this proposal or the subsequent contract.

O. PROPOSAL SUBMISSION REQUIREMENTS

1. Only one (1) proposal can be submitted. Alternate proposals will not be allowed.

2. The package is to include a copy of the RFP, any addenda, six (6) copies of the Technical Proposal. The proposal submitted shall remain in full force and effect as specified in this RFP for at least five (5) months after the closing date for responses.

3. The package must be received no later than 3:00 p.m. (Eastern Time) on September 12, 2018. Any proposal received after the date and time may be rejected and returned, unopened, to the Respondent.

4. Proposals shall be mailed or delivered to:

Kelly Hawkins Finance and Administration Cabinet Division of Engineering and Contract Administration Bush Building - 403 Wapping St.

The outside of the package(s) containing the Technical Proposal shall be marked:

RFP-47-19

Design/Build Services Photovoltaic & Lighting Upgrade Project

{Name of Respondent}

P. ENTIRE AGREEMENT

1. The resulting contract will represent the entire agreement between the parties with respect to the subject matter hereto and will supersede all prior negotiation, representations, or agreements, either written or oral, between the parties hereto relating to the subject matter hereof and shall be independent of and have no effect upon any other contracts. A record of any formal contract negotiations between the contractual parties will be prepared by the Commonwealth and will become a permanent part of the procurement file.

Q. PROTEST

1. The Secretary of Finance and Administration Cabinet, or his designee, shall have authority to determine protests and other controversies of actual or prospective Respondents in connection with the solicitation or selection for award of a contract.

2. Any actual or prospective Respondent, who is aggrieved in connection with this solicitation or selection for award of contract, may file a protest with the Secretary of the Finance and Administration Cabinet. A protest or notice of other controversy must be filed promptly, and in any event within two (2) calendar weeks after such aggrieved person knows or should have known of the facts giving rise thereto. All protests or notices of other controversies must be in writing.

3. The Secretary of Finance and Administration Cabinet shall promptly issue a decision in writing. A copy of that decision shall be mailed or otherwise furnished to the aggrieved party and shall state the reasons for the action taken.

a. The decision by the Secretary of the Finance and Administration Cabinet shall be final and conclusive.

R. PRE-PROPOSAL CONFERENCE

A Pre-Proposal Conference will be held to allow Proposers an opportunity to ask questions and to clarify any uncertainties that may exist. The Pre-Proposal Conference will be held at the site, August 29, 2018 at 10:30 AM EDT at the site, 1828 Highway 227, Carrollton, KY 41008. The following items should be noted in reference to the Pre-Proposal Conference:

1. Attendance at the Pre-Proposal Conference is NOT mandatory, but is highly recommended for all lead Design/Build firms under whose names the proposal will be submitted.

Attendance by other design/build team members is optional;

2. Proposers are encouraged to submit written questions prior to the Conference;

3. The Commonwealth will prepare written responses to all salient questions and submit them to all Proposers after the Conference. The questions and answers will be inserted by Addendum. Oral answers given at the Conference are not binding.

S. RIGHT TO ACCEPT, REJECT, AND NEGOTIATE PROPOSALS OR WAIVE INFORMALITIES

1. The Commonwealth reserves the right to accept and/or reject any and all proposals. For the same reason, the Commonwealth reserves the right to waive what it determines to be any technicality or minor irregularity in any proposal. The Commonwealth also reserves the right to clarify any irregularities or conflicts contained in this RFP.

2. All proposals will be subject to negotiation. Both the Design-Builder and the Commonwealth promise to negotiate in good faith. The Commonwealth may exercise its rights to recover the incurred expenses for consultants and legal services as damages if it determines negotiations were not undertaken in good faith.

3. The Commonwealth may cancel this Request for Proposal, in whole or in part, at any time, without penalty.

IV. CONTRACT LANGUAGE & GENERAL RFP TERMINOLOGY

THE FOLLOWING TERMS AND CONDITIONS WILL FORM THE BASIS OF THE CONTRACT

BETWEEN THE SUCCESSFUL RESPONDENT AND THE COMMONWEALTH OF KENTUCKY AND

DEFINE TERMS USED IN THIS RFP AND SUBSEQUENT CONTRACT DOCUMENTS.

A. THE CONTRACT AND THE CONTRACT DOCUMENTS

1. The Contract: The Contract between the Design-Builder and the Owner consists of the

Contract Documents.

2. The Contract Documents: The Contract Documents consist of the Agreement/Contract, Request for Proposal, any addenda and amendments thereto, all Design Documents hereafter prepared by Design-Builder and approved by Owner, Change Orders and Field Orders issued hereafter, any other written amendments or clarifications executed by the Owner and the Design-Builder.

3. Complete Agreement: The Contract, together with Design-Builder’s and Surety’s performance and payment bonds for the Project, constitute the entire and exclusive agreement between Owner and Design-Builder with reference to the Project. The Contract supersedes any and all prior documents, discussions, communications, representations, understanding, negotiations or agreements by and between the parties.

4. Contract Interpreted As A Whole: The Contract is intended to be an integral whole and shall be interpreted as internally consistent. Work required by any page, part, or portion of the Request for Proposal, any amendments thereto, and resulting contract shall be required.

5. Provision Of All Things Required: Anything that may be required, implied or inferred by the Contract Documents, which make the resulting Contract, or any one or more of them, shall be provided by Design-Builder for the Contract Price.

6. Privity Only With Design-Builder: Nothing contained in the resulting Contract shall create, nor be interpreted to create, privity or any other relationship whatsoever between owner and any person except Design-Builder.

7. Agreed Interpretation Of Contract Terms: When a word, term, or phrase is used in the Contract Documents, it shall be interpreted or construed first, as defined herein; second, if not defined, according to its generally accepted meaning in the construction industry; and third, if there is no generally accepted meaning in the construction industry, according to its common and customary usage. Headings are used herein solely for convenience.

8. Term “Include” Intended To Be Encompassing: “Include”, “includes”, or “including”, as used in the Contract Documents, shall be deemed in all cases to be followed by the phrase, “without limitation”.

9. Use of Singular And Plural: Words or terms used as nouns in the Contract Documents shall be inclusive of their singular and plural forms, unless the context of their usage clearly requires a contrary meaning.

10. Definition Of Material Breaches Not Exhaustive: The specification herein of any act, failure, refusal, omission, event, occurrence or condition as constituting a material breach of the Contract shall not imply that any other, non-specified act, failure, refusal, omission, event, occurrence or condition shall be deemed not to constitute a material breach of the Contract.

11. Order Of Precedence: In the event of any conflict, discrepancy, or inconsistency among any of the Contract Documents that make up the Contract Documents, the following shall control:

12. As between figures given on plans and scaled measurements, the figures shall govern;

13. As between large scale plans and small scale plans, the large scale plans shall govern;

14. As between plans and specifications, the requirements of the specifications shall govern;

15. As between this document and the plans or specifications, this document shall govern.

16. Design Consultant is a qualified, licensed design professional, having professional license or registration in the Commonwealth of Kentucky.

17. Design-Builder means the persons or entity with which the Owner has executed the Contract for design and construction services.

18. Date of Commencement is the date upon which the Design-Builder is authorized to begin work.

19. Legal Requirements are all applicable federal, state and local laws, codes, ordinances, rules, regulations, orders and decrees of any government or quasi-government entity having jurisdiction over the Project or Site, the practices involved in the Project or site, or any Work.

20. Hazardous Conditions are any materials, wastes, substances and chemicals deemed to be hazardous under applicable Legal Requirements, or the handling, storage, remediation, or disposal of which are regulated by applicable Legal Requirements.

21. Work is comprised of all Design-Builder’s design, construction and other services required by the Contract Documents, including procuring and furnishing of all materials, equipment, services and labor reasonably inferable from the Contract Documents.

22. Subcontractor is any person or entity retained by the Design-Builder as an independent Design-Builder to perform a portion of the Work and shall include material, labor and suppliers.

23. Substantial Completion is the point at which the Project is at a level of completion in strict compliance with the Contract, and necessary approval by public authorities has been given, such that the Owner or the Agency can enjoy beneficial use or occupancy and can use, operate and maintain it in all respects, for its intended purpose. Partial use or occupancy of the Project shall not result in the Project being deemed substantially complete and such partial use or occupancy shall not be evidence of Substantial Completion.

24. Site is the land or premises on which the Project is located.

25. Day or Days shall mean consecutive calendar days unless otherwise specifically noted in the Contract Documents.

26. Final Completion is defined as the Work being acceptable under the Contract Documents and the Contract fully performed in accordance with the terms and conditions of the Contract Documents and the entire payment balance due the Design-Builder is due and payable.

27. Drawings are the graphic and pictorial portions of the Contract Documents, wherever located and whenever issued, showing the design, location and dimensions of the Work, generally including plans, elevations, sections, details, schedules and diagrams.

28. Shop Drawings means drawings, completion diagrams, schedules, and other data specially prepared for the Work by the Design-Builder or any Subcontractor, lower tier subcontractor, manufacturer, supplier, or distributor to illustrate some portion of the Work.

29. The Contract Sum means the sum stated in the Contract including any authorized adjustments thereto and is the total amount payable by the Owner to the Design-Builder for the performance of the Work under the Contract Documents.

30. Change Order means a written order to the Design-Builder executed by the Owner after execution of the Contract, directing a change in the Work and may include a change in the Contract Price, Project Schedule, or any combination thereof.

No Design Build Team Initiated Change Orders will be issued to extend the Substantial and Final Completion Dates. Only Owner Initiated Change Orders will be issued to extend the Substantial and Final Completion Dates.

31. Contract is the legal relationship, duties and obligations between the Owner and Design- Builder as evidence by the Contract Documents for the Project.

32. Contract Completion Time is the number of consecutive calendar days between the Date of Commencement and the dates set for Substantial Completion and Final Completion of the Work, including any adjustments thereto, all as established in the Contract between Owner and Design-Builder.

33. Owner means the Commonwealth of Kentucky, acting through the Finance and Administration Cabinet and its Administrative Agent, the Department for Facilities and Support Services and the Owner’s representative, the Owner’s Consulting Architect/ Engineer.

34. Approved Schedule: The project schedule as set forth at the beginning of the RFP or as otherwise formally agreed upon between the Commonwealth and Design-Builder.

B. GENERAL TERMS

1. Whenever the term “RFP” is used in the RFP, the reference is to this Request for Proposal, along with all exhibits, background information, referenced web pages, attachments, clarifications, and addenda.

2. Whenever the term “Plans and Specifications” is used in the RFP, the reference is to the Architectural and Engineering Contract Documents that define the full extent of all design, demolition, and construction work required for the Project.

3. Whenever the term “Proposal” is used in the RFP, the reference is to the response offered by a Proposer in accordance with the RFP.

4. Whenever the term “Project” is used in the RFP, the reference is to the New Modular Asphalt Team Facility at Wendell H. Ford Regional Training Center and any associated site development on the Property.

5. Whenever the terms “shall,” “must,” “will,” “are to be”, “to be”, “ensure”, “use” or “is required” are written in the RFP, the specification being referred to is a mandatory requirement of this RFP. “Provide” means supply and install. Failure to meet any mandatory requirement shall be cause for rejection of any proposal.

6. Whenever the terms “can,” “may,” or “should” are used in the RFP, the specification being referred to is discretionary. Therefore, although the failure to provide any items so termed will not be cause for rejection, the Selection Committee, in evaluating the proposal, may consider such failure in their deliberations.

7. Whenever the term “Premises” is used in the RFP, the reference is to the property identified for the project.

8. Whenever the term “Property” is used in the RFP, the reference is to site.

9. Whenever the term “Commonwealth” or “State” is used in the RFP, the reference is to the Commonwealth of Kentucky.

10. Whenever the term “DMA” is used in the RFP, the reference is to the Department of Military Affairs.

11. Whenever the term “Selection or Evaluation Committee” is used in the RFP, the reference is to the Committee or to the persons responsible to the Finance and Administration Cabinet for administering and conducting the evaluation and selection process of the RFP.

12. Whenever the term “Proposer”, “Respondent”, or “Offeror” is used in the RFP, the reference is to the entity offering a proposal in accordance with the RFP.

13. Whenever the term “Design-Builder or Design/Build Team or Design/Build Firm” is used in the RFP, the reference is to the entire group of individuals and firms assembled by the Proposer to provide the products and services defined by the proposal.

14. Whenever the term “Lead Firm” is used in the RFP, the reference is to the single entity with final authority and responsibility with respect to the proposal. The Lead Firm is the entity that will represent the Proposal Team throughout the selection process. The Lead Firm shall be the entity primarily responsible for representing the Proposal Team during any negotiations with the Commonwealth of Kentucky if the Proposer is determined to be the Apparent Successful Proposer. The Lead Firm must have appropriate authority to commit the Proposal Team to negotiated agreements with the Commonwealth.

15. Whenever the term “Apparent Successful Team or Firm” is used in the RFP, the reference is to the Proposer who is ultimately judged by the Selection Committee to have submitted the Proposal best satisfying the needs of the Commonwealth in accordance with the RFP.

The Selection Committee’s selection of an Apparent Successful Team does not necessarily mean the Selection Committee accepts all aspects of that Proposer’s proposal.

16. Whenever the term “Negotiation” or “Negotiations” is used in the RFP, the reference is to the anticipated series of discussions that will take place between the Commonwealth (and its agents) and the Apparent Successful Team after designation of the Apparent Successful Team. The negotiation period will be used to clarify and refine various aspects of the Proposal. During this period, there is no assurance that the parties will achieve mutually acceptable terms and conditions.

C. DESIGN-BUILDER’S REPRESENTATIONS

1. The Design-Builder is professionally and fully qualified to act as the design professional and the Design-Builder for the Project and is, and will remain, licensed to practice Architecture/Engineering/Contracting services within the Commonwealth of Kentucky by all public entities having jurisdiction over Design-Builder or the Project;

2. Design-Builder will maintain all necessary licenses, permits or other authorizations necessary to act as Design-Builder for the Project until Design-Builder’s duties hereunder have been duly satisfied;

3. Design-Builder has the expertise, experience, and knowledge as well as the necessary plant, personnel and financial capability to perform the Design Services and the Work in accordance with the terms of the Contract Documents;

4. Design-Builder shall visit and inspect the Project site and the local conditions under which the Project is to be designed, constructed and operated, and Design-Builder has performed such tests, if any, as are necessary to determine the conditions under which the Work will be performed, and Design-Builder accepts the conditions of the Work site and has taken those conditions into account in entering into a Contract;

5. Design-Builder assumes full responsibility to Owner for the improper acts and omissions of its Subcontractors or others employed or retained by Design-Builder in connection with the Project.

6. The Architect/Engineer of Record shall remain on the Design/Build team throughout the entire life span of the project.

D. REGULATORY GUIDELINES, REQUIREMENTS AND STANDARDS

1. Generally: Design-Builder shall perform all Design Services described in, contemplated by, inferable from, or necessary or desirable to achieve the objectives stated in the Request for Proposal and any amendments thereto, including all Design Services necessary for the Project to be properly constructed by Design-Builder and used, operated and maintained by Owner in accordance with all applicable guidelines, requirements and standards.

“Design Services” means any and all design services required to be performed by Design- Builder pursuant to the Request for Proposal and any amendments thereto, and all labor, materials, supervision, equipment, computers, documents and all other things necessary for the performance of such services.

2. Owner’s Review Of Design Services: Design-Builder shall submit all documents produced as part of the Design Services to Owner for review and approval. However, any such review or approval by the Owner or Owner’s Representative shall not relieve Design- Builder of, or otherwise diminish, its obligations. Owner may direct Design-Builder to make changes to any such documents in order to conform such documents to Owner’s objectives.

3. Preparation of Site Information and Geotechnical Information: Design-Builder will provide any required Site Boundary Surveys, Aerial Photographs and pre-construction geotechnical requirements/investigations beyond information provided in the RFP and any addenda thereto.

4. Quality Of Design Services: Design-Builder shall be responsible for the professional quality, completeness, accuracy, and coordination of Design Documents. Design-Builder shall provide for all testing and inspections required by sound, professional practices and by governmental authorities having jurisdiction over the Project. The testing required by this RFP shall be performed by professionals in the inspection disciplines approved by the Owner or the Owner’s Representative.

5. Compliance With Laws And Regulatory Requirement: In providing Design Services, Design-Builder shall comply with the lawful requirements of all federal, state, and local authorities having lawful jurisdiction over the Project.

6. Duty To Correct Errors: Design-Builder shall, without additional compensation, immediately correct any errors, omissions or deficiencies in its Design Services, Design Documents, and Construction Services.

7. Schedule Of Design Services: Design-Builder shall submit for Owner’s approval the Design Schedule for the performance of Design-Builder’s Design Services that shall include allowance for reasonable time required for Owner’s review of submissions and for approvals of authorities having jurisdiction over the project. The Design Schedule, when approved by the Owner, shall not, except for good cause, be exceeded by the Design- Builder. Should Design-Builder at any time during the course of performing the Contract requirements, have any reason to believe that it will be unable to meet any completion date in accordance with the Design/Schedule, it shall immediately notify Owner’s Representative in writing. In such notice, Design-Builder shall state the reason for the delay including the party responsible, if any, and the steps being taken to remedy or minimize the impact of the delay.

PRELIMINARY CONSULTATION AND PROJECT ANALYSIS

Determining The Project Objectives: Prior to the preparation of the Preliminary Design, Design- Builder shall first consult in detail with Owner, and shall carefully analyze any information furnished by Owner concerning requirements of the project, including, but not limited to, any design, construction, scheduling, budgetary or operational requirements, limitations, and objectives.

E. SCHEMATIC DESIGN

1. The Design-Builder is responsible for assuring that the intent, as set out in the RFP, any addenda and the Owner’s communications during the development of the design, is followed throughout the Project, and the Owner has the right to reject any work that, in the Owner’s determination, does not follow that intent unless those variances have been previously approved in writing by the Owner.

2. The Design-Builder will submit to the Owner his schematic design drawings, outline of specifications, project schedule, and all other information necessary to accurately define the project with any variances to the RFP, addenda, and performance specifications duly noted. This submission will be in accordance with the approved schedule. These documents, when approved by the Owner, form the basis for the Detailed Design.

3. Authorization To Proceed With Detailed Design: The Owner shall authorize the Design- Builder in writing to commence preparing the Detailed Design documents after all changes ordered by the Owner have been incorporated in the Schematic Design.

F. DETAILED DESIGN/WORKING DRAWINGS/CONSTRUCTION DRAWINGS

1. Design-Builder shall prepare and submit to Owner the complete Detailed Design based on the Approved Schedule.

2. The Detailed Design: The Detailed Design shall include all Design Documents which shall describe, with specificity, all elements, details, components, materials, and other information necessary for the complete construction of the Project and the rendering of the Project fully operational for its intended purposes, including satisfaction of all testing, permitting, qualifications, certifications, validations, and obtaining regulatory approvals by all applicable regulatory authorities required to render the Project and all its components operational and functionally and legally usable for their intended purpose. Owner shall review and approve the Detailed Design Documents, Working Drawings, and all Construction documents.

3. Design Documents: “Design Documents” means all the design documents provided by Design-Builder and approved by Owner, without limitation, for use in constructing the Project, performing the Work, and the rendering of the Project fully operational, and shall include, without limitation, detailed plans, drawings, specifications, manuals, and related materials prepared by or on behalf of Design-Builder.

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