Requst for Proposals.pdf

COMMONWEALTH OF KENTUCKY

DEPARTMENT FOR FACILITIES AND SUPPORT SERVICES

DIVISION OF ENGINEERING AND CONTRACT ADMINISTRATION

REQUEST FOR PROPOSAL

REQUEST NUMBER: RFP-72-25

PROPOSAL FOR: Design-Build Services DMA Solar Covered Parking 60W Wendell H. Ford Regional Training Center (WHFRTC) Greenville, Kentucky

DESIGN BUILD BUDGET: $250,000.00 (Maximum Not to Exceed Amount)

ACCOUNT NUMBER: 095-CBVF-WH30-00

SUBMISSION DATE/ TIME: 17 September 2024, 1:30 PM ET

PRE-PROPOSAL SITE VISIT: See Item R page 18 for information

SUBMISSION LOCATION: See Proposal Submittal Instructions in the RFP

REVIEW / AWARD DATE: September 2024

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, DMA Solar Covered Parking 60W, Wendell H. Ford Regional Training Center (WHFRTC), Greenville, Kentucky. The design criteria for this project is provided later in this Design-Build Request for Proposals.

RFP-785-2500000086

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:

Solicitation responses (“proposal”) shall be received by electronic submission through the Commonwealth’s eProcurement system.

Please be advised: Bids shall not be accepted via postal carrier (USPS, UPS, FED EX, etc.) nor can bids be hand delivered.

Response must contain all information required by the Solicitation and be executed by an authorized agent of the Proposer, affirmed by electronically submitting the proposal through the eProcurement system.

To submit a response, vendor SHALL be registered in the Commonwealth eProcurement System via the Vendor

Self Service (VSS) System at https://vss.ky.gov. Allow 24 - 48 hours to complete Vendor Registration. Vendors must be logged in to their Vendor Self Service account in order to submit a response. The Customer Resource

Center is not able to complete registrations and activate accounts on the same day. Closing dates will not be extended for Vendors not registered by the date/time of the bid closing. Vendor Self Registration Guides are provided at https://vss.ky.gov under “Download Vendor Forms and Quick Reference Guides.”

All respondents are cautioned to begin their electronic submission in sufficient time to complete before the closing date and time. Delays due to inability to register, document upload impediments, or technical difficulties shall not be justification for acceptance of a late bid or proposal. If you need assistance, please contact:

Customer Resource Center (CRC)

- Email at Finance.CRCGroup@ky.gov;

- Locally at 502-564-9641 or toll-free 877-973- HELP (4357).

Online bid responses must be in an “Accepted” status prior to the closing date and time of the solicitation. The assigned date and time stamp from the eProcurement system generated at the time of final acceptance and formal submission by the vendor shall establish the date and time the bid was submitted. A bid may be modified or withdrawn electronically through VSS prior to the bid closing date and time.

Please be advised, VSS will not allow submission of an online response after the published date and time for closing.

Respondent must attach proposal as an attachment when submitting an electronic response.

Respondent assumes full responsibility for timely submission of the proposal in compliance with the above-described procedures and conditions.

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.

https://vss.ky.gov/ https://vss.ky.gov/ mailto:Finance.CRCGroup@ky.gov

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

• VSS – How to Submit Online Response

Cover A-3

C-1 M-1

A-1 E-1

A-2 WHFRTC WF426 60KW AC PVWatts Calculator

I. PROPOSED PROJECT SCHEDULE *

Issue Design Build RFP: September 4, 2024

Pre-Proposal Site Visit: See Item R page 18 for information

Deadline for questions: September 9, 2024

Last Addendum Issued: September 10, 2024

Written Proposals and Cost Proposal Due: September 17, 2024 1:30 PM ET

Evaluations: September 20, 2024 (on or about)

Notification: September 20, 2024 (on or about)

Design-Builder Contract Award: September 26, 2024 (on or about)

Project Schedule: Substantial Completion One hundred eighty (180) 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

The scope of this project includes all work required to design, provide and install the following: a complete system for a utility grid-tied solar covered parking photovoltaic (PV) solution for the Kentucky National Guard at the Wendell H. Ford Regional Training Center (WHFRTC) WF426 Engineer Maintenance Facility in Muhlenberg County, Kentucky producing a minimum of 95,500 kWh’s annually (First Year). The solar covered parking area should be designed to provide the maximum number of covered parking spaces for the maintenance equipment. The work shall be in accordance with Request 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 the County since this is Commonwealth of Kentucky property. It will require approval by the state entity of HBC.

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 in the Rear Parking Lot of Engineer Maintenance Facility WF426 at WHFRTC.

The site is located at coordinates [37.27204, -87.20362].

The Inverters shall have an AC rating of 60KW and the PV Array shall have minimum DC rating of 70.2KW. The minimum ratio of AC rating to DC Rating shall be 1.0 : 1.17. The system shall produce a minimum of 95,500 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 shall be installed as a solar covered parking structure. 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.

SITE PLANNING AND DESIGN

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.

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

2. 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.

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

4. 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.

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.

COORDINATION

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

Justin Stanley Construction Superintendent I 502-607-1220 (office) 502-545-8997 (Cell) Justin.d.stanley13.nfg@army.mil

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.

mailto:Justin.d.stanley13.nfg@army.mil

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.

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.

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.

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, 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 One hundred eighty (180) 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 of Kentucky.

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 on the VSS 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 SFC Timothy R. Rowe, Armory Manager, 502-607-2632 (office), Timothy.r.rowe.mil@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.

mailto:Timothy.r.rowe.mil@army.mil

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…