Request for Proposals.pdf

COMMONWEALTH OF KENTUCKY

DEPARTMENT FOR FACILITIES AND SUPPORT SERVICES

DIVISION OF ENGINEERING AND CONTRACT ADMINISTRATION

REQUEST FOR PROPOSAL

REQUEST NUMBER: RFP-104-24

PROPOSAL FOR: Design-Build Services

Gymnasium Bleacher Replacement Appalachian Challenge Academy (ACA) Kentucky Department of Military Affairs

DESIGN BUILD BUDGET: $75,000.00 (Maximum Not to Exceed Amount)

ACCOUNT NUMBER: 095-CB0W-HR04-00

SUBMISSION DATE/ TIME: 28 November 2023, 2:00 PM ET

PRE-PROPOSAL SITE VISIT: See Item R page 14 for information

SUBMISSION LOCATION: See Proposal Submittal Instructions in the RFP

REVIEW / AWARD DATE: December 6, 2023

PURCHASING OFFICER / BUYER: Amanda Greer, Statewide Procurement Analyst II

PURPOSE:

The purpose of this Design-Build project is to provide the Department of Military Affairs, Gymnasium Bleacher Replacement, Appalachian Challenge Academy (ACA), Kentucky Department of Military Affairs. The design criteria for this project is provided later in this Design-Build Request for Proposals.

PROPOSALS MUST BE RECEIVED BY DATE AND TIME INDICATED ABOVE.

Proposals received after this date and time will not be considered by the Commonwealth.

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

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

PROPOSAL SUBMITTAL:

All forms in your proposal shall be completely filled out when your proposal is submitted. Proposals must be submitted electronically through MOVEit in order to be accepted. Instructions are attached in the header of the RFP. Contractors must load their Bid Documents under the corresponding RFP in MOVEit in order for it to be received. IF proposal IS NOT UPLOADED IN THE CORRECT FOLDER IN MOVEit, THE proposal WILL BE DEEMED NON-RESPONSIVE. Proposers are encouraged to take a screen shot verifying proposal submittal.

Only one proposal is to be submitted. This is a secure website, no one can see these proposals but the buyer.

They are date and time stamped when submitted.

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.

Discussions regarding any portion of the RFP evaluation process with ANYONE outside of the Purchasing Officer (and the DECA Project Manager during the non-mandatory Pre-Proposal Conference indicated herein) are strictly prohibited. Violation of this provision may result in the disqualification of the Offeror’s response.

(See Article VI. “PROCUREMENT INFORMATION”, paragraph A. “PURCHASING OFFICER” for more information concerning this prohibition.

All communications, oral and written (regular, express, or electronic mail, or fax), concerning this procurement shall be addressed to the Purchasing Officer.

SPECIAL NOTICE TO DESIGN-BUILDERS:

The successful firm will need to submit the Performance and Payment Bonds and Insurance Certificate within 48 hours after Notice of Intent to Award. Proposing Firms should be prepared to accomplish this important submittal immediately after Notice of Intent to Award.

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.

OFFICIAL SIGNATURE PAGE

MUST BE TURNED IN WITH PHASE I PROPOSAL SUBMITTALS

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-251-19 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.

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

IMPORTANT: MUST BE TYPEWRITTEN OR COMPLETED IN INK

Signature:

Agent/Officer:

Firm:

Address:

City, State, Zip Code:

Telephone Number:

E-mail Address:

Date:

FEIN 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. SCOPE OF WORK

IV. PROJECT BUDGET

V. OTHER REQUIREMENTS

VI. PROCUREMENT INFORMATION

VII. CONTRACT LANGUAGE AND GENERAL RFP TERMINOLOGY

VIII. PROPOSAL FORMAT

IX. SELECTION PROCESS FOR ONE-STEP METHOD OF AWARD

X. ATTACHMENTS AND MISCELLANEOUS INFORMATION

PLEASE NOTE THE FOLLOWING ATTACHMENTS ARE ATTACHED SEPARATELY IN THE HEADER OF THE RFP.

• Design-Builder General Conditions

• MOVEit Instructions on how to submit your proposal

• ACA Floor Plans

I. PROPOSED PROJECT SCHEDULE *

Issue Design Build RFP:

Pre-Proposal Site Visit:

Deadline for questions:

Last Addendum Issued:

Written Proposals and Cost Proposal Due:

Evaluations:

Notification:

Design-Builder Contract Award:

Project Schedule:

November 3, 2023

See Item R page 14 for information

November 20, 2023 12:00 PM ET

November 21, 2023

November 28, 2023 2:00 PM ET

December 06, 2023 (on or about)

December 06, 2023 (on or about)

December 12, 2023 (on or about)

Substantial Completion Ninety (90) calendar days Final completion: Thirty (30) calendar days

NOTE: *This schedule is subject to adjustment, modification, postponement or cancellation by the Commonwealth for its best interests.

II. PROJECT DESCRIPTION

Provide and install wall-mounted, electrically powered telescopic gym style seating (bleachers) in the Appalachian Challenge Academy (ACA) gymnasium where the original bleachers have previously been removed. (See attached floor plan – for reference only)

Design and installation must comply with the requirements of the current edition of the Kentucky Building Code (KBC), for review, approval and inspection. Any and all permits must be applied for and obtained prior to beginning the work. When a registered design professional is required, per the Kentucky Building Code, the requirements of KRS 322 and 323 shall apply. Applicable Special Inspections required by the Kentucky Building Code shall be made as required.

Acceptable manufacturers include Hussey, Irwin, Interkal or approved equal.

Provide the following:

1. One (1) bank of seating 74'-0" long with right hand railed end; (7) tiers high with (289) net seating capacity; seat depth to be a minimum of 10”. Designed to support a 600-pound load.

2. Reinforced, durable high impact polyethylene plastic modular seating (no seat backs) with minimum 16-1/2” adult seat height

3. Modules constructed of one-piece injection molded high strength polyethylene. The molded-in solid color will be selected from the manufacturer’s standard colors.

4. Center handrails and swing up floor and intermediate steps to meet KBC with end rail at open right hand end of bank.

5. End curtain installed at open right-hand end of bank.

6. Bleachers to be electrically operated with single phase power; power is available at an existing electrical panel in a room adjacent to the gymnasium. Hard-wired controller to have at a minimum open and close features.

7. During the first twelve (12) calendar months following the date of Substantial Completion, the

Contractor shall provide labor, materials and equipment necessary to correct defects in the Work pursuant to the general warranty.

8. Manufacturer’s standard product warranty.

COORDINATION

During construction coordinate all on-site access/activities with the agency point of contact:

Colby French, Assistant Director Appalachian Challenge Academy

(502) 607-5952 (office)

(606) 273-3410 (cell) ryan.c.french4.nfg@army.mil

Special Note

The project reference information and description provided is conceptual and should not be used in-lieu of the Offeror(s)’ independent judgment, design, or analyses by the Design-Builder’s own team.

For the proposal, the design documents required must be sufficient (and as indicated) to provide the selection committee with adequate information to define the general design approach and adherence to the requirements of the RFP. It is anticipated that there will be a design review meeting (shortly after award of this contract) for making minor adjustments in the design as the Owner determines are necessary to comply with the requirements of this RFP, prior to the complete design being completed and then constructed.

Patent or Copyright Infringement

The Design-Builder shall report to the Commonwealth promptly and in reasonable written detail, each notice of claim of patent or copyright infringement based on the performance of this contract of which the Design-Builder has knowledge.

The Commonwealth agrees to notify the Design-Builder promptly, in writing, of any such claim, suit or proceeding, and at the Design-Builder’s expense give the Design-Builder proper and full information needed to settle and/or defend any such claim, suit or proceeding.

If, in the Design-Builder’s opinion, the equipment, materials, or information mentioned in the paragraphs above is likely to or does become the subject of a claim or infringement of a United States patent or copyright, then without diminishing the Design-Builder’s obligation to satisfy any final award, the Design-Builder may, with the Commonwealth's written consent, substitute other equally suitable equipment, materials, and information, or at the Design-Builder’s options and expense, obtain the right for the Commonwealth to continue the use of such equipment, materials, and information.

The Commonwealth agrees that the Design-Builder has the right to defend, or at its option, to settle and the Design-Builder agrees to defend at its own expense, or at its option to settle, any claim, suit or proceeding brought against the Commonwealth on the issue of infringement of any United States patent or copyright or any product, mailto:ryan.c.french4.nfg@army.mil or any part thereof, supplied by the Design-Builder to the Commonwealth under this agreement. The Design- Builder agrees to pay any final judgment entered against the Commonwealth on such issue in any suit or proceeding defended by the Design-Builder.

If principles of governmental or public law are involved, the Commonwealth may participate in the defense of any such action, but no costs or expenses shall be incurred for the account of the contractor without the Design- Builder’s written consent.

The Design-Builder shall have no liability for any infringement based upon:

A. the combination of such product or part with any other product or part not furnished to the Commonwealth by the Design-Builder B. the modification of such product or part unless such modification was made by the Design-Builder C. the use of such product or part in a manner for which it was not designed

Permits, Licenses, Taxes and Commonwealth Registration

The Design-Builder shall procure all necessary work permits and licenses and abide by all applicable laws, regulations, and ordinances of all Federal, State, and local governments in which work under this contract is performed.

The Design-Builder shall maintain certification of authority to conduct business in the Commonwealth of Kentucky during the term of this contract. Such registration is obtained from the Secretary of State, who will also provide the certification thereof. However, the Design-Builder need not be registered as a prerequisite for responding to the RFP. Additional local registration or license may be required.

The Design-Builder shall pay any sales, use, and personal property taxes arising out of this contract and the transaction contemplated hereby. Any other taxes levied upon this contract, the transaction, or the equipment or services delivered pursuant hereto shall be borne by the Design-Builder.

III. SCOPE OF WORK

Design-Builder Responsibilities

The Design-Builder will be responsible for all aspects of permitting, designing, constructing, monitoring, construction warranty (1-year from the Date of Final Completion), including all necessary associated tasks not otherwise noted or provided by Owner.

The design documents must be submitted to the following prior to start of construction for review and issuance of a permit for construction:

• Division of Engineering, Finance and Administration Cabinet, Facilities and Support Services

• Kentucky Department of Military Affairs

• Department for Housing, Buildings and Construction

• KRS 198B (Kentucky Building Code)

The Design-Builder must work closely with Finance Cabinet personnel (Division of Engineering and Contract Administration “DECA”—“Owner”), and the Department of Military Affairs (“Using Agency”) at every stage of the project to ensure proper project development, including appropriate implementation of the project description and requirements of the RFP.

The Owner shall be represented solely by the Finance and Administration Cabinet, Division of Engineering and Contract Administration (DECA). The Owner shall assign a DECA Project Manager who will act on behalf of the Owner in all contractual matters.

The Design-Builder is responsible for compliance with the “General Conditions – Design-Builder” that are included as an attachment to this Request for Proposals and will be part of the Contract Documents when this project is awarded to the successful Offeror. All provisions of the General Conditions apply to this project.

The Design-Builder shall submit a complete set of design drawings, calculations and specifications, stamped by a Kentucky Registered Design Professionals, for each discipline required, for the Owners’ approval during the design phases of this project. Document submittal shall be through the Owner’s Document Collaboration System.

The Design-Builder shall be responsible for all correspondence, survey, analysis and reporting necessary to submit all required permits and fees, where necessary and required by Kentucky Law.

The Design-Builder shall submit a complete set of design drawings and specifications to the Public Protection Cabinet, Department for Housing, Buildings and Construction, Building Code Enforcement Division to obtain plan review approval, before the project construction commences. This submission includes related submissions to other divisions of the Department for Housing, Buildings and Construction. The Design-Builder is responsible for payment of plan review and inspection fees to this agency.

It is the responsibility of the Design-Builder to design and construct the entire project to the most current edition of applicable codes or standards practices enumerated in this RFP and State Codes applicable to each element of the Work.

The Design-Builder will also submit shop drawings for the Owner’s acceptance before product is procured and delivered to the project site(s). Document submittal shall be through the Owner’s Document Collaboration System.

All permits and approvals must be obtained prior to beginning construction activities. All activities and scheduling must be coordinated with appropriate Commonwealth of Kentucky personnel. These personnel will be defined, including contact information, at the Design/ Construction Conference(s).

Construction access and staging to the project site should be considered by Offerors in their proposals. The Design- Builder will work with the Owner and Using Agency in identifying and developing access and staging areas.

The Design-Builder shall provide as-built record drawings signed and sealed by the design professionals. The record drawings shall meet the requirements as specified in the latest version of the Division of Engineering and Contract Administration’s Capital Construction Project Procedures Manual. Record Drawings must be submitted within 30 days of Substantial Completion. Document electronic submittal shall be through the Owner’s Document Collaboration System. Document hard copy submittal shall be as required by the DECA Procedures Manual (Mylar record drawings).

The Work shall be warranted for post Final Completion for one year. The Design-Builder will be responsible for repair or maintenance during this period at no cost to the Commonwealth of Kentucky.

Individual warranties for products and systems that typically have a manufacturer’s warranty shall commence at the date of Substantial Completion when it is determined.

Design-Builder Responsibilities (Inhibiting the Design Professional)

The Design-Builder scope of work includes the services of a Design Professional and its sub-consultants. The Design-Builder shall not inhibit the Design Professional from performing the duties and responsibilities required by Kentucky Law or Industry standards required of a Design Professional. While the Design Professional is a member of the Design-Builder Team, there are specific responsibilities to the Owner defined and outlined in the General Conditions – Design/Builder and by Kentucky Laws.

Design-Builder Responsibilities (General Conditions – Design-Builder)

The Design-Build Team responsibilities are further defined and required by the “General Conditions – Design- Builder” which are included and required by this Request for Proposals. These “General Conditions – Design/Builder” will be made part of the contract for design and construction of this Project.

IV. PROJECT BUDGET

The estimated project budget is indicated on the front page of this RFP and is for the complete work of the project and shall include all costs associated for design and construction of the project.

It is the intent of the Commonwealth to accomplish all parts of the project description (see above) within this project budget. However, this expectation should not cause an Offeror to not bid the project if they determine that the cost of the project will exceed the project budget by a reasonable amount.

All Offerors shall provide all parts of the project description in the quantities and of the quality and functionality as described.

Work Schedules and Standards of Promptness

The Commonwealth anticipates that the work of this project and related services will mostly be conducted during normal working hours (7am to 7pm, Monday through Friday). The Design-Builder may extend working hours with prior notification and acceptance of the Owner and Using Agency.

All work required by this Contact shall be substantially complete in Ninety (90) calendar days and final completion in Thirty (30) calendar days. See the General Conditions – Design/ Builder for specific requirements for Substantial Completion and Final Completion.

Work Standards and Warranty

All work shall be completed in a professional manner and at a minimum meet the requirements outlined in this RFP. The Design-Builder shall warrant that all work is completed in compliance with the requirements of this RFP and the applicable state and federal codes.

V. OTHER REQUIREMENTS

A. COORDINATION

Coordinate all construction procedures/ activities with the Division of Engineering and Contract Administration (DECA) Project Manager. All contract decisions required of the Owner are solely under the authority and discretion of the Division of Engineering and Contract Administration, who solely represents the Commonwealth of Kentucky – The Owner.

Any action by the Design-Builder under the direction, acceptance or approval of any other entity shall be at the Design-Builder’s risk and subject to reversal or correction if necessary.

B. TECHNICAL PERFORMANCE REQUIREMENTS

a. All proposed materials shall be reviewed for durability; maintainability; consistency with stated RFP requirements and/or as identified in the Design-Builders response to the RFP and design and construction documents.

b. Any site work will require Erosion control / traffic control / temporary protections during construction to meet all local/state/federal codes and regulations.

C. COMPLIANCE

a. All design professionals and firms must be licensed/ registered in the Commonwealth of Kentucky.

Provide names and registration numbers of all professionals that will provide professional services on the project. Final drawings must be sealed and signed by registered professionals.

b. All construction trades, where required by Kentucky Law, shall be licensed in the Commonwealth

D. TEMPORARY FACILITIES AND ACCESS

Design-Builder is responsible for Cost of installation and all on-going costs associated with all temporary utilities consumed during the construction period, up and until the date of substantial completion.

Temporary utilities shall include, but not be limited to:

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

b. Temporary Facilities: such as telephone, job trailer, temporary sanitary (restroom) facilities, and other temporary protection and barricades (as necessary).

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

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

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

The Design-Builder shall provide signage to direct traffic and control traffic on the site. Contractor to provide adequate fencing to control their site.

VI. PROCUREMENT INFORMATION

A. PURCHASING OFFICER

The Purchasing Officer for this RFP is Amanda Greer, 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:

• Amanda Greer, Statewide Procurement Analyst II, Amanda.Greer@ky.gov, Phone: (502) 330-8159.

Questions regarding technical issues shall be directed in writing to the Purchasing Officer ONLY. 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 DECA Project Manager during the non-mandatory site inspection indicated above) are strictly prohibited. Violation of this provision may result in the disqualification of the Offeror’s response.

B. RFP CANCELLATION/REJECTION OF PROPOSALS

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

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

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

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

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

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

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, Division of Engineering and Contract Administration (DECA) in order to monitor the progress of implementation.

H. ADVERTISING AWARD

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

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

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.

Frankfort KY 40601

K. ACCEPTANCE OF PROPOSALS

a. 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.

b. 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.

c. 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

A Firm/Fixed Contract is anticipated. The Design-Builder shall provide all design, permitting and fees, construction, and all other work required to accomplish the construction as identified in this RFP without additional expense of the Owner.

M. PAYMENTS

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. (See General Conditions – Design-Builder for more information). Payment Document submittal shall be through the Owner’s Document Collaboration System.

N. DEVIATIONS FROM THE CONTRACT

a. 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.

b. 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

a. Only one (1) proposal can be submitted by each respondent. Alternate proposals will not be allowed.

b. The electronic package is to include the RFP, any addenda, of the Qualifications and Technical Proposal. The proposal submitted shall remain in full force and effect as specified in this RFP for at least three (3) months after the closing date for responses.

c. The electronic package must be uploaded and received no later than the date and time stated in the

Proposed Project Schedule in the MOVEit website. Directions are attached to this RFP. Any proposal received after the date and time may be rejected.

d. See Proposal Submittal page 2 for information on proposal submittal information. Please mark your proposal with your company name when uploading.

P. ENTIRE AGREEMENT

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

a. The Secretary of Finance and Administration Cabinet, or her 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.

b. 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.

c. 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.

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

R. PRE-PROPOSAL SITE VISIT

a. Contractors must make an appointment to schedule a site visit. Please contact Colby French, Assistant Director, (502) 607-5952 (office), (606) 273-3410 (cell), ryan.c.french4.nfg@army.mil mailto:ryan.c.french4.nfg@army.mil

b. Refer to Section I. Project Schedule of this document for specific dates and times. The following items should be noted in reference to the Pre-Proposal Meeting/Site Visit

c. Oral questions and answers given at the site visits are not binding unless in written form by an Addendum.

S. MINORITY PARTICIPATION

Respondents shall undertake to identify and incorporate minority business enterprise (MBE) firms as a part of their response. For assistance in identifying minority contractors and architects/engineers, respondents may contact the Finance and Administration Office of Equal Employment Opportunity/Contract Compliance, 200 Mero Street, 5th Floor, Frankfort KY 40601, Attention: Ms.

Yvette Smith, Executive Director, Telephone: 502/564-2874. MBE participation should be considered as the Design-Builder Team is assembled.

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

a. 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.

b. 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.

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

VII. 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 order of precedence defined in the General Conditions – Design-Builder shall control:

12. Design Consultant is a qualified, Kentucky licensed design professional.

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

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

15. 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.

16. 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.

17. 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.

18. 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.

19. Substantial Completion is the point at which the Project is at a level of completion in strict compliance with the Contract (see General Conditions – Design-Builder for full requirements), 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.

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

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

22. Final Completion is defined as the completion of all Design and Construction Services including all Work required by, and in strict compliance with, the Contract, including Design-Builder’s provision to Owner of all documents and things required to be provided by the Contract, and the entire payment balance due the Design-Builder is due and payable. Final Completion includes the as-built survey and all vegetative planting completed by Design-Builder and approved by the Owner.

23. 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. Document submittal shall be through the Owner’s Document Collaboration System.

24. 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. Document submittal shall be through the Owner’s Document Collaboration System.

25. 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.

26. 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.

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

28. 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.

29. Owner means the Commonwealth of Kentucky, acting through the Finance and Administration Cabinet and its Administrative Agent, the Department for Facilities and Support Services, Division of Engineering and Contract Administration (DECA).

34. Approved Schedule: The project schedule as agreed upon between the Commonwealth and Design-Builder.

The Design-Builder shall update this schedule and provide to the Owner at each Project Progress Meeting throughout the project. Should the Design-Builder experience delay in accomplishing the schedule as submitted, the Design-Builder shall immediately inform the Owner of the delay.

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 Mabry 2 Project 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

10. 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.

11. 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.

12. Whenever the term “Finalist” is used in the RFP, the reference is to the firm(s) selected to proceed to Phase II of the selection process.

13. Whenever the term “Design-Builder or Design-Builder 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 Phase II Proposal best satisfying the needs of the Project in accordance with the requirements of 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 general contractor 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.

a. Since this RFP does not require a complete/ fully designed set of Contraction Documents prior to award, the Design-Builder will establish a schedule of design review activities with the Owner following award until the complete design and production of Construction Documents has been completed and accepted by the Owner and Using Agency.

b. At the end of the design phases of this project, the 5% design and construction allowance must be reconciled and the unused portion returned to the Owner by executed change order.

3. 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.

4. 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.

5. 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.

6. Schedule of Design Services: Design-Builder shall submit for Owner’s approval the Design Schedule for the performance of…