spec book.pdf

FINANCE AND ADMINISTRATION

DEPARTMENT FOR FACILITIES AND SUPPORT SERVICES

DIVISION OF ENGINEERING AND CONTRACT ADMINISTRATION

REQUEST FOR BID NO. RFB-104-25

GOLF COURSE BUNKER PROJECT

MINERAL MOUND STATE PARK

DEPARTMENT OF PARKS

EDDYVILLE, KENTUCKY

Agency: 670 Fund: CBDD

INDEX

RFB-104-25

GOLF COURSE BUNKER PROJECT

MINERAL MOUND STATE PARK

DEPARTMENT OF PARKS

EDDYVILLE, KENTUCKY

INDEX

VSS - HOW TO SUBMIT AN ONLINE RESPONSE

OFFICIAL BID DOCUMENT

NOTICE TO CONTRACTORS

PART I ADVERTISEMENT FOR BIDS

PART II INSTRUCTIONS TO BIDDERS

PART III GENERAL CONDITIONS

PART IV PAYMENT BOND

PART V PERFORMANCE BOND

PART VI AGREEMENT BETWEEN OWNER AND CONTRACTOR

SPECIFICATIONS

SQUARE FOOTAGE

CONSTRUCTION CONCEPTS

IMPORTANT: Please follow current state health and safety guidelines for all Commonwealth of Kentucky construction projects. All information and/or instructions will be in the Notice to Contractors and Advertisement for Bids.

Contractors must electronically submit their Bid Documents under the corresponding Solicitation in Vendor Self Service VSS for it to be received.

Go to http://vss.ky.gov

Log in or Sign up

From the Home page, navigate to the Published Solicitations in one of the following ways:

i) Click the Published Solicitations icon.

How to Submit an Online Response Through Kentucky Vendor Self-Service (VSS) http://vss.ky.gov/ Amanda.Greer Line

Locate the desired solicitation.

• You may search by the following fields:

o Show Me (Open, Closing Soon, Recently Published, Recent Amendments, Recent Awards) o Category (Agricultural, Animal Related, Clothing, etc.) – this is not required and may not always be available o Type (P3 Notice, Request for Bids, Request for Information, Request for Proposals, Request for Quotes) o Keyword Search (can search by Solicitation ID, Solicitation Description, Agency, and Buyer) o Status (Awarded, Closed, Amended, Open, Reopened, Cancelled)

In the Solicitation Number / Type / Category column, click the solicitation number link to view the details of the solicitation.

Review the solicitation details. Make certain to review each tab, especially the Attachments tab, and check the requirements and documentation associated with the bid requirements. There may be documents that must be completed and uploaded in order for your bid to be deemed responsive.

Click Respond Online to create a Solicitation Response.

Step 1. Select Lines

On the Select Lines Step, there will only be one line for Construction Solicitations, and you will select that line and click Continue.

Step 2. Respond to Lines

All construction solicitations will be for a line type requesting a Contract Amount. You will enter $0.00 (zero) in the Contract Amount. Your Lump Sum Bid Amount and Alternates (if required) will be recorded on the Official Bid Document (located at www.stateofkyprojects.com ) and uploaded as an attachment as instructed under “Step 5. Add Attachments”. No other fields will be required. Click Continue.

Step 3. Checklist/Scoring Criteria

Not Applicable for Construction Bids. Click Continue.

Step 4. Enter General Comments

Not Applicable for Construction Bids. Click Continue.

Step 5. Add Attachments

• Click Add Attachments.

http://www.stateofkyprojects.com/

• Click Browse on the Attachments page to locate your Completed Official Bid Documents and 5% Bid Bond (if Required) Once all files are selected, click Upload. Documents are limited to ten (10) at one time.

• Maximum Attachment Size per file is 65000 KB

• Verify the “Successfully Uploaded File” message displays. Click Close.

• Review the attached file(s). Click Add Attachments to add a new file. Click Delete to remove a file.

• If all files are attached, click Continue to proceed to the next step.

Step 6. Review and Submit

Review all information entered. If all information is correct, click Submit Response.

Verify the “Thank you for your response. It has been successfully submitted.” message displays.

All responses will be listed. If you do not see your solicitation ID listed, you may enter the solicitation ID in the Keyword Search. A successful submission will have a Response Status of Accepted.

An email notification will be sent to verity that your response was accepted.

If you do not receive an email notification, you may still check the status of your bid submission by following the steps as listed in the following section, “Solicitation Responses.”

If your submission was not successfully submitted, you may reach out to the Customer Resource Center help desk for assistance by email at Finance.CRCGroup@ky.gov or by phone at 502-564-9641 or toll-free at 877-973-4357.

SOLICITATION RESPONSES

Responses may be viewed on the My Responses section. Additional information may be found in the How to Locate a Response for a Business Opportunity guide (available on the VSS website under Download Vendor Forms).

How to View Your Responses Log in to VSS.

From the Home page, use one of the following methods to access the My Responses page

i) On the Home page, click My Reponses.

The My Responses page displays all the responses for your vendor code.

The Link to Response column has a link to view the response. Click the link to view.

The Response Status column shows the status of your responses. Only Accepted statuses are successfully submitted responses.

1. Click My Responses from the Home Page 2. Click the Highlighted SR Link for the corresponding response. 3. Click Withdraw Response or Discard from within the 3 Dot Menu.

OFFICIAL BID DOCUMENT

FOR

GOLF COURSE BUNKER PROJECT

MINERAL MOUND STATE PARK

This Official Bid Document consisting of pages 1 through 8, shall be used in submitting a bid document for the work. Copies will be furnished upon request by the authority issuing the Contract Documents.

THIS BID DOCUMENT SUBMITTED BY________________________________________________________________________

(Name and Address of Bidder)

DATE:_________________________________________ TELEPHONE:________________________________________________

GENTLEMEN:

This Bidder, in compliance with your Request for Bid No. RFB-104-25, and having carefully examined the Drawings and complete Contract Documents as defined in Article 1 of the General Conditions as well as the Specifications for the work as prepared by , , Department of Parks; hereby proposes to furnish all labor, materials, supplies and services required to perform the specifics of the Contract Documents, within the time set forth therein and for the stated Lump Sum Bid Amount.

The Bidder hereby acknowledges receipt of the following Addenda:

ADDENDUM NO._____________ DATED______________ ADDENDUM NO._____________ DATED______________

(IF NONE HAVE BEEN ISSUED AND RECEIVED, INSERT THE WORD NONE.)

OFFICIAL BID DOCUMENT

FOR

GOLF COURSE BUNKER PROJECT

MINERAL MOUND STATE PARK

ALL BLANKS IN THE BID DOCUMENTS SHALL BE COMPLETED AND ALL REQUIRED SUPPORT DATA SHALL BE FURNISHED. IF INDICATED I N THE BIDDING DOCUMENTS, SUMS SHALL BE EXPRESSED IN BOTH WORDS AND FIGURES. IN THE CASE OF DISCREPANCY BETWEEN THE TWO, THE AMOUNT IN WORDS SHALL

PREVAIL.

LUMP SUM BASE BID:

The Bidder agrees to furnish all labor, materials, supplies and services required to complete this project defined as Golf Course Bunker Project, Mineral Mound State Park, Department of Parks, Eddyville, Kentucky for the Department for Facilities and Support Services, Commonwealth of Kentucky, in accordance with the Drawings, Specifications, and Contract Documents, and any duly issued Addenda for the LUMP SUM BID AMOUNT set forth below:

LUMP SUM BASE BID AMOUNT:

__________________________________________________________________________________________________DOLLARS

(USE WORDS)

______________________________________________________CENTS ($____________________________________________)

(USE WORDS) (USE FIGURES)

NOTE: THE AUTHENTICATION OF BID AND STATEMENT OF NON-COLLUSION AND NON-CONFLICT OF

INTEREST PAGE MUST BE PROPERLY EXECUTED FOR THE LUMP SUM BASE BID TO BE VALID.

OFFICIAL BID DOCUMENT

AUTHENTICATION OF BID AND STATEMENT OF NON-COLLUSION AND NON-CONFLICT OF INTEREST

I, HEREBY CERTIFY:

1. That I am the bidder (if the bidder is an individual), a partner in the bidder (if the bidder is a partnership), or an officer and employee of the bidding corporation having authority to sign on it’s behalf (if the bidder is a corporation);

2. That the submitted bid or bids covering Division of Engineering and Contract Administration Request for Bid No. RFB-104-

25 have been arrived at by the bidder independently and have been submitted without collusion with, and without any agreement, understanding or planned common course of action with any other contractor, vendor of materials, supplies, equipment or services described in the Request for Bid, designed to limit independent bidding or competition; as prohibited by provision KRS 45A.325;

3. That the contents of the bid or bids have not been communicated by the bidder or its employees or agents to any person not an employee or agent of the bidder, its surety on any bond furnished with the bid or bids and will not be communicated to any such person prior to the official opening of the bid or bids.

4. That the bidder is legally entitled to enter into the contract with the Commonwealth of Kentucky and is not in violation of any prohibited conflict of interest, including those prohibited by the provisions of KRS 164.390; and 45A.330 to 45A.340 and 45A.455;

5. This offer is for thirty (30) calendar days from the date this bid is opened. In submitting the above it is expressly agreed that upon proper acceptance by the Division of Engineering and Contract Administration of any or all items bid above, a contract shall thereby be created with respect to the items accepted;

6. That I have fully informed myself regarding and affirm the accuracy of all statements made in this Official Bid Document including Bid Amount.

7. Unless otherwise exempted by KRS 45.590, the bidder intends to comply in full with all requirements of the Kentucky Civil

Rights Act and to submit data required by the Kentucky Equal Employment Act upon being designated the successful bidder.

8. That the bidder, 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.

9. That the bidder is not debarred from doing business with federal agencies and that, if debarred during the life of the contract, the bidder will notify the Commonwealth buyer of record within seventy-two (72) hours of the federal debarment.

READ CAREFULLY – SIGN IN SPACE BELOW – FAILURE TO SIGN INVALIDATES BID

SIGNED BY:________________________________________ FIRM:______________________________________________

PRINT NAME:______________________________________ ADDRESS:__________________________________________

TITLE:_____________________________________________ ____________________________________________________

CITY STATE ZIP CODE

DATE:______________________________________________

TELEPHONE NO:___________________________________

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

*Disadvantaged Contractors, check type of certification:

WBE MBE DBE SERVICE-DISABLED VETERAN

*Disadvantaged Contractors attach a copy of certification.

OFFICIAL BID DOCUMENT – SUBMITTAL DATA

THE FOLLOWING ITEMS ARE HEREWITH ENCLOSED AS REQUIRED:

� Sworn Required Affidavit For Bidders, Offerors And Contractors � Sworn Affidavit for Claiming Resident Bidder Status � Vendor Report of Prior Violations of KRS Chapters, 136, 139, 141, 337, 338, 341 and 342.

� Bidder’s Qualifications.

� Disadvantaged Business Enterprises (DBE) Participation

The utilization of minority/disadvantaged vendors and subcontractors is encouraged, whenever possible, on public projects. The bidder and contractor should make full efforts to locate disadvantaged business persons.

Bidders may use the following resources:

Commonwealth of Kentucky's SMALL BUSINESS CONNECTION website: https://secure.kentucky.gov/sbc/default.aspx Kentucky Minority and Women Business Enterprise website: https://mwbe.ky.gov/Pages/default.aspx Kentucky Service-Disabled Veteran-Owned Small Business website:

https://finance.ky.gov/initiatives/sdvosb/Pages/default.aspx Kentucky Transportation Cabinet Disadvantaged Business Enterprise directories: http://transportation.ky.gov/Civil-Rights-and-Small-Business-Development/Pages/Certified-DBE-Directory.aspx Finance and Administration Cabinet, Office of EEO/Contract Compliance: email Finance.ContractCompliance@ky.gov or call 502-564-2874 U.S. Small Business Administration, Dynamic Small Business Search website: http://dsbs.sba.gov/dsbs/search/dsp_dsbs.cfm Louisville/ Jefferson County Metropolitan Sewer District website: http://www.msdlouky.org/insidemsd/diverse/find.html

A bidder must include a list of all disadvantaged vendors and/or subcontractors contacted in order to prepare a bid (ATTACH

TO OFFICIAL BID DOCUMENT).

If the bidder fails to utilize any disadvantaged vendors and/or subcontractors, a statement must be included to describe actions to include disadvantaged vendors and/or subcontractors (ATTACH TO OFFICIAL BID DOCUMENT).

The Finance and Administration Cabinet will review all submissions by bidders to determine compliance with this provision.

� List of Unit Prices, if applicable � List of Subcontractors, if applicable � List of Materials and Equipment, if applicable � Bid Guaranty in the amount of no less than five percent (5%) of the TOTAL BID AMOUNT.

� Roofing Certifications, if applicable.

� All bidders are now required to be registered and active on our Vendor Self Service website https://vss.ky.gov/vssprod-ext/Advantage4

COMMONWEALTH OF KENTUCKY

FINANCE AND ADMINISTRATION CABINET

SWORN STATEMENT REGARDING CAMPAIGN FINANCE LAWS

PURSUANT TO KRS 45A.110 AND KRS 45A.115

The following form (page 5) relative to Campaign Finance Laws shall be completed in total, notarized and returned with your bid.

Responsibility of a bidder or offeror for a contract award shall not be made until the bidder or offeror provides this sworn statement.

https://secure.kentucky.gov/sbc/default.aspx https://mwbe.ky.gov/Pages/default.aspx https://finance.ky.gov/initiatives/sdvosb/Pages/default.aspx http://transportation.ky.gov/Civil-Rights-and-Small-Business-Development/Pages/Certified-DBE-Directory.aspx http://transportation.ky.gov/Civil-Rights-and-Small-Business-Development/Pages/Certified-DBE-Directory.aspx mailto:Finance.ContractCompliance@ky.gov http://dsbs.sba.gov/dsbs/search/dsp_dsbs.cfm http://www.msdlouky.org/insidemsd/diverse/find.html https://vss.ky.gov/vssprod-ext/Advantage4

Rev. 9-16-22 Required Affidavit for Bidders, Offerors and

Contractors

(KRS 45A.110 & 45A.115)

Affidavit Effective for One (1) Year from Date of Execution

Instructions: Pursuant to KRS 45A.110 and 45A.115, a bidder, offeror, or contractor (“Contractor”) is required to submit a Required Affidavit for Bidders, Offerors, and Contractors to be awarded a contract, or for the renewal of a contract. An authorized representative of the contracting party must complete the attestation below, have the attestation notarized, and return the completed affidavit to the Commonwealth.

Attestation

As a duly authorized representative for the Contractor, I swear and affirm under penalty of perjury, that that the Contractor has not knowingly violated campaign finance laws of the Commonwealth of Kentucky and that the award of a contract will not violate any provision of the campaign finance laws of the Commonwealth.

For purposes of this attestation, "Knowingly" means that the bidder or offeror is aware or should have been aware of the existence of a violation. The bidder or offer understands that the Commonwealth retains the right to request an updated affidavit at any time.

Signature Printed Name

Title Date

Bidder or Offeror Name: __________________________________________________________

Address: __________________________________________________________

Commonwealth of Kentucky Vendor Code (If known):

Subscribed and sworn to before me this day of , .

State of: Notary: __________________________________________

County of: My Commission Expires: ____________________________ https://apps.legislature.ky.gov/law/statutes/statute.aspx?id=22348 https://apps.legislature.ky.gov/law/statutes/statute.aspx?id=22349

REQUIRED AFFIDAVIT FOR BIDDERS, OFFERORS AND CONTRACTORS CLAIMING RESIDENT BIDDER STATUS

FOR BIDS AND CONTRACTS IN GENERAL:

The bidder or offeror hereby swears and affirms under penalty of perjury that, in accordance with KRS 45A.494(2), the entity bidding is an individual, partnership, association, corporation, or other business entity that, on the date the contract is first advertised or announced as available for bidding:

1. Is authorized to transact business in the Commonwealth;

2. Has for one year prior to and through the date of advertisement

a. Filed Kentucky income taxes;

b. Made payments to the Kentucky unemployment insurance fund established in KRS 341.49; and

c. Maintained a Kentucky workers’ compensation policy in effect.

The BIDDING AGENCY reserves the right to request documentation supporting a bidder’s claim of resident bidder status. Failure to provide such documentation upon request shall result in disqualification of the bidder or contract termination.

Signature Printed Name

Title Date

Company Name

Address

Subscribed and sworn to before me by (Affiant) (Title) of this _____day of ____________,20___.

(Company Name)

Notary Public

[seal of notary] My commission expires:

VENDOR REPORT OF PRIOR VIOLATIONS

ON CONSTRUCTION SEALED BIDS

This form is applicable to all sealed bids for construction projects issued by the Finance and Administration Cabinet, Division of Engineering and Contract Administration (DECA) in accordance with KRS 45A.080.

The Prime Bidder on any construction sealed bid shall provide the required information attached, for the Prime Bidder, as an attachment to the bid.

The information required is specifically - any violations issued within the last five (5) calendar years of the following:

1. Violations of KRS Chapter 136 (Corporation and Utility Taxes);

1. Violations of KRS Chapter 139 (Sales and Use Taxes);

2. Violations of KRS Chapter 141 (Income Taxes);

3. Violations of KRS Chapter 337 (Wages and Hours);

4. Violations of KRS Chapter 338 (Occupational Safety and Health of Employees);

5. Violations of KRS Chapter 341 (Unemployment Insurance);

6. Violations of KRS Chapter 342 (Workers Compensation); and

7. Violations of Occupational Safety and Health Laws in any other states and at the federal level.

If there are no violations for a particular category, vendor should attach a statement to that effect.

If there are violations for a particular category, the vendor should list them and provide the following information for each: the date of the violation, a short description of the violation (including statutory citation), the name of the governmental enforcement agency involved, and the amount of any penalties imposed as a result of the final determination.

Please note that this information may be provided to other governmental agencies, such as the Kentucky Labor Cabinet, as part of the bid process. DECA reserves the unqualified right to disqualify any vendors from participating further in this bid process.

In addition, the successful prime bidder and subcontractors shall remain in continuous compliance with KRS 45A.485 during the life of any contract awarded, and shall notify DECA of any new final determinations of violations in any of the above-mentioned categories, which occur after contract award, and during the life of any contract awarded. Failure to comply with these requirements may result in the bidder and subcontractors being disqualified from participating in future bid opportunities for the Commonwealth.

COMPANY NAME: ____________________________________________

TAX PAYER ID #: ____________________________________________

THIS VENDOR VIOLATION FORM MAY BE SENT TO THE LABOR CABINET FOR VERIFICATION. PLEASE MAKE SURE ALL YOUR VIOLATIONS ISSUED WITHIN THE LAST FIVE (5) YEARS ARE LISTED. IF YOU LIST “NONE” BUT THE LABOR CABINET’S RECORDS SHOW OTHERWISE, YOUR BID MAY BE REJECTED. FOR A LIST OF YOUR VENDOR

VIOLATIONS, YOU CAN FAX OR EMAIL THE LABOR CABINET WITH YOUR REQUEST.

FAX NUMBER IS (502) 696-1984 OR EMAIL: wages@ky.gov .

Violation Category Date Description Govt. Enforcement

Agency Amount of Penalties mailto:labor.wages@ky.gov

BIDDER’S QUALIFICATIONS

The Bidder’s Qualifications are required by the owner to be submitted as set forth herewith:

1. This firm is a Corp.________, Partnership________, or Proprietorship________.

2. A permanent place of business is maintained at:

STREET CITY STATE ZIP CODE

TELEPHONE NUMBER

3. The following construction plant and equipment will be made available for use on this contract:

4. In the event the contract is awarded the undersigned, surety bonds will be furnished by:

5. Experience of Contractor on other similar work:

6. We now have the following jobs under contract and bonded:

JOB TOTAL CONTRACT PERCENT COMPLETED

Andy Beshear

GOVERNOR

FINANCE AND ADMINISTRATION CABINET

DEPARTMENT FOR FACILITIES AND SUPPORT SERVICES

OFFICE OF FACILITY DEVELOPMENT

AND EFFICIENCY

403 Wapping Street Frankfort, Kentucky 40601-3462

Holly M. Johnson

SECRETARY

Sam Ruth

COMMISSIONER

C. Scott Baker

EXECUTIVE DIRECTOR

@ky_finance | FINANCE.ky.gov An Equal Opportunity Employer M/F/D

NOTICE TO CONTRACTORS

FOR

GOLF COURSE BUNKER PROJECT

MINERAL MOUND STATE PARK

Attached hereto is a copy of the “Advertisement for Bids” for furnishing all labor, equipment, appliances and materials necessary for Golf Course Bunker Project, Mineral Mound State Park, Department of Parks, Eddyville, Kentucky, .

SAME IS DESIGNATED AS:

REQUEST NO. Request for Bid No. RFB-104-25

BID ON: GOLF COURSE BUNKER PROJECT

MINERAL MOUND STATE PARK

BID DATE: November 4, 2024

9:30 A.M., Eastern Time

Responsible Contractors who have proper experience, equipment and qualifications are invited to bid on this work. These factors will be considered in the Award of Contract and all work will be performed under the standard regulations for construction of the Commonwealth of Kentucky.

PART I

ADVERTISEMENT FOR BIDS

1. INVITATION:

Sealed bid documents for the following work will be received by the Division of Engineering and Contract Administration.

Bids will be received through Vendor Self Service VSS as described in the manner and on the date hereinafter specified for the furnishing of all labor, materials, supplies, tools, appliances, equipment, services, etc., necessary for Golf Course Bunker Project, Mineral Mound State Park, Department of Parks, Eddyville, Kentucky, as set forth in the specifications and as shown on the drawings prepared by and approved by the Department for Facilities and Support Services of the Commonwealth of Kentucky and under the terms and conditions to this Request for Bid.

2. PROJECT DESCRIPTION:

Work to be included:

1. Bunker shapes to be returned to original size as indicated by original sand to clay interface where bunker edge meets surrounding turf areas.

2. Replacement of drainage systems in (13) bunkers, totaling approximate-ly 15,000 square feet.

3. Replacement of sand in (13) bunkers, totaling approximately 16,000 square feet

3. METHOD OF BIDDING:

Bids will be received from Prime Contractors on a Lump Sum Bid Basis for the total project. All phases of work shall be bid to and through the Prime Contracting Firms. Bids shall be submitted in the manner herein described and on the official bid document form included with the conditions and specifications and shall be subject to all the conditions as set forth and described in the Bid Documents.

SPECIAL NOTE:

Bids shall be submitted on the Official Form supplied by the Division of Engineering and Contract Administration.

Failure to comply with the bid requirements will be cause for invalidation of bid.

4. METHOD OF AWARD:

Award shall be issued to the lowest-cost responsive bid properly submitted by a responsible bidder. The Bid Document shall contain all qualifying requirements and forms. It is the intent of the Commonwealth of Kentucky to use all available funds.

Kentucky Workers’ Compensation:

Pursuant to KRS 45A.480, the Commonwealth of Kentucky may not contract with any person not in compliance with Kentucky’s KRS Chapter 342 workers’ compensation insurance requirements.

Bid is subject to Reciprocal preference for Kentucky resident bidders and Preferences for a Qualified Bidder or the Department of Corrections, Division of Prison Industries (KAR 200 5:410).

KRS 45A.490 Definitions for KRS 45A.490 to 45A.494.

As used in KRS 45A.490 to 45A.494:

(1) "Contract" means any agreement of a public agency, including grants and orders, for the purchase or disposal of supplies, services, construction, or any other item; and

(2) "Public agency" has the same meaning as in KRS 61.805.

KRS 45A.492 Legislative declarations.

The General Assembly declares:

(1) A public purpose of the Commonwealth is served by providing preference to Kentucky residents in contracts by public agencies; and

(2) Providing preference to Kentucky residents equalizes the competition with other state that provide preference to their residents.

KRS 45A.494 Reciprocal preference to be given by public agencies to resident bidders -- List of states -- Administrative regulations.

(1) Prior to a contract being awarded to the lowest responsible and responsive bidder on a contract by a public agency, a resident bidder of the Commonwealth shall be given a preference against a nonresident bidder registered in any state that gives or requires a preference to bidders from that state. The preference shall be equal to the preference given or required by the state of the nonresident bidder.

(2) A resident bidder is an individual, partnership, association, corporation, or other business entity that, on the date the contract is first advertised or announced as available for bidding:

(a) Is authorized to transact business in the Commonwealth; and

(b) Has for one (1) year prior to and through the date of the advertisement, filed Kentucky corporate income taxes, made payments to the Kentucky unemployment insurance fund established in KRS 341.490, and maintained a Kentucky workers' compensation policy in effect.

(3) A nonresident bidder is an individual, partnership, association, corporation, or other business entity that does not meet the requirements of subsection (2) of this section.

(4) If a procurement determination results in a tie between a resident bidder and a nonresident bidder, preference shall be given to the resident bidder.

(5) This section shall apply to all contracts funded or controlled in whole or in part by a public agency.

(6) The Finance and Administration Cabinet shall maintain a list of states that give to or require a preference for their own resident bidders, including details of the preference given to such bidders, to be used by public agencies in determining resident bidder preferences. The cabinet shall also promulgate administrative regulations in accordance with KRS Chapter 13A establishing the procedure by which the preferences required by this section shall be given.

(7) The preference for resident bidders shall not be given if the preference conflicts with federal law.

(8) Any public agency soliciting or advertising for bids for contracts shall make KRS 45A.490 to 45A.494 part of the solicitation or advertisement for bids.

The reciprocal preference as described in KRS 45A.490-494 above shall be applied in accordance with 200 KAR 5:400.

Determining the residency of a bidder for purposes of applying a reciprocal preference

Any individual, partnership, association, corporation, or other business entity claiming resident bidder status shall submit along with its response the attached Required Affidavit for Bidders, Offerors, and Contractors Claiming Resident Bidder Status. The BIDDING AGENCY reserves the right to request documentation supporting a bidder’s claim of resident bidder status. Failure to provide such documentation upon request shall result in disqualification of the bidder or contract termination.

A nonresident bidder shall submit, along with its response, its certificate of authority to transact business in the Commonwealth as filed with the Commonwealth of Kentucky, Secretary of State. The location of the principal office identified therein shall be deemed the state of residency for that bidder. If the bidder is not required by law to obtain said certificate, the state of residency for that bidder shall be deemed to be that which is identified in its mailing address as provided in its bid.

5. PROJECT CONTACTS:

Agency: Andrew Wolfe, Department of Parks, andrew.wolfe@ky.gov, (502) 764-1559

Purchasing Agent: Kristi Sharp, Division of Engineering and Contract Administration, Kristi.Sharp@ky.gov, (502) 330-9858

6. BID SUBMITTAL:

Solicitation responses (“bid”) 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 Bidder, affirmed by electronically submitting the bid through the eProcurement system.

To bid, all bidders 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 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 bidders 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, 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.

• Bidders shall attach the Official Bid Document and Bid Bond (if required) as a single combined attachment when submitting their electronic bids. If using a certified check, please upload copy of check with your Official Bid Document in lieu of bid bond.

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

All results will be posted to https://www.stateofkyplanroom.com after the bid opening and review. If additional information is needed from the successful bidder, the buyer may be in contact.

There will be a public bid reading by conference call on the bid opening date at 11:00 AM ET.

The dial in number is 502-782-2663 or 844-603-5060.

Conference ID# 240522002# Participant code is 39750#

7. BID WITHDRAWAL:

No bidder may withdraw his bid for a period of thirty (30) days after the date set for the opening of bids.

8. BONDING:

All bids shall be accompanied by a bid guarantee (in the form of a bid bond or certified check) of not less than five (5%) percent of the amount of the lump sum base bid. A 100% Performance Bond and a separate 100% Payment Bond shall be furnished by the successful bidder. All bonding and insurance requirements are contained in the Instructions to Bidders https://vss.ky.gov/ https://vss.ky.gov/ mailto:Finance.CRCGroup@ky.gov https://www.stateofkyplanroom.com/ and/or General Conditions. Bonds should be executed by a surety company authorized to do business by the Kentucky Secretary of State and the Kentucky Department of Insurance within the Commonwealth of Kentucky.

9. RIGHT TO REJECT:

The Division of Engineering and Contract Administration, Commonwealth of Kentucky, reserves the right to reject all bids and to waive all informalities and/or technicalities where the best interest of the Commonwealth may be served.

10. GENERAL INFORMATION:

A. Bidder’s Qualifications, List of Unit Prices, List of Proposed Subcontractors, and List of Materials are required to be submitted with the bid.

B. All documents related to this project shall be submitted, transmitted, transferred, reviewed, approved, or rejected, and/or otherwise processed using the Owner's Document Collaboration System (“eCommunications” or “eComm”) which is the Owner's web-based document collaboration system that shall be used by all project participants. No submission, transmittal, transfer, review, approval, or processing shall be deemed official without the use of this system. All additions or deletions of employees to their eComm vendor record will be the responsibility of the contractor.

C. Each demolition/renovation project must comply with Kentucky Division of Air Pollution Control Regulation 401

KAR 57:011. This includes notification, in writing, to the Division of Air Pollution Control, ten (10) days before start of the project.

D. Tobacco-Free: Pursuant to Executive Order, use of any tobacco products (including e-cigarettes) is prohibited in all

Executive Branch buildings and parking lots and on the grounds. Please refer to Executive Order # 2014-747 for complete details.

For FAQ’s go to: http://tobacco-free.ky.gov/Pages/FAQs.aspx

E. EEO Requirements:

The Equal Employment Opportunity Act of 1978 applies to All State government projects with an estimated value exceeding $500,000. The contractor shall comply with all terms and conditions of the Act. The successful bidder shall visit https://www.prod.eeocc.ky.gov/eeoc/epic and sign in with their VSS credentials and click on New EEO-1 Certification to complete EEO-1 report form.

F. REGISTRATION WITH SECRETARY OF STATE:

Domestic and foreign corporations shall be registered with the Kentucky Secretary of State and declared to be in “good standing” prior to award of contract. Offeror should verify status at the following website:

http://www.sos.ky.gov and click on “Business Services”. Failure to comply with this requirement within (5) days after notification may render your bid non-responsive.

G. REGISTRATION WITH SECRETARY OF STATE BY A FOREIGN ENTITY:

Pursuant to KRS 45A.480(1)(b), an agency, department, office, or political subdivision of the Commonwealth of Kentucky shall not award a state contract to a person that is a foreign entity required by KRS 14A.9-010 to obtain a certificate of authority to transact business in the Commonwealth (“certificate”) from the Secretary of State under KRS 14A.9-030 unless the person produces the certificate within fourteen (14) days of the bid or proposal opening.

Therefore, foreign entities should submit a copy of their certificate with their solicitation response. If the foreign entity is not required to obtain a certificate as provided in KRS14A.9-010, the foreign entity should identify the applicable exception in its solicitation response. Foreign entity is defined within KRS 14A.1-070.

For all foreign entities required to obtain a certificate of authority to transact business in the Commonwealth, if a copy of the certificate is not received by the contracting agency within the time frame identified above, the foreign entity’s solicitation response shall be deemed non-responsive or the awarded contract shall be cancelled.

http://tobacco-free.ky.gov/Pages/FAQs.aspx https://www.prod.eeocc.ky.gov/eeoc/epic http://www.sos.ky.gov/

Businesses can register with the Secretary of State at https://www.sos.ky.gov/Pages/default.aspx

H. REGISTRATION with eMARS (eProcurement):

All bidders MUST be registered in the Commonwealth eProcurement System via the Vendor Self Service System at https://vss.ky.gov

Allow 24 – 48 hours to complete Vendor Registration. Vendors must be logged in to their Vendor Self Service (VSS) account to submit a response. Registrations completed the day of bid closing must be completed by the Vendor in the VSS portal. 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://finance.ky.gov/eProcurement/Pages/doing-business-with-the-commonwealth.aspx

All bidders are cautioned to begin their electronic submission in sufficient time to complete before the closing date and time. Delays due to technical difficulties or document upload impediments shall not be justification for acceptance of a late bid or proposal. Vendor attention to this advisory is encouraged. If you need assistance, please contact the Customer Resource Center (CRC) by email at Finance.CRCGroup@ky.gov or phone 502-564-9641 or toll-free 877-973- HELP (4357).

I. SITE VISIT AND/OR VIRTUAL PREBID INFORMATION:

There will not be a site visit meeting. Interested contractors may arrange a site visit by contacting Andrew Wolfe with Department of Parks by phone at (502) 764-1559 or by email andrew.wolfe@ky.gov.

NO QUESTIONS WILL BE ANSWERED AT THE SITE VISIT. ALL TECHNICAL QUESTIONS SHALL BE EMAILED TO THE

ARCHITECT/ENGINEER OF RECORD FOR THIS PROJECT.

ALL PROCUREMENT QUESTIONS SHALL BE DIRECTED TO BUYER OF RECORD FOR THIS PROJECT.

J. HEALTH AND SAFETY GUIDELINES:

IMPORTANT: For any health and safety guideline refer to the Team Kentucky website:

https://www.chfs.ky.gov/agencies/dph/Pages/RespiratoryDiseases.aspx https://www.sos.ky.gov/Pages/default.aspx https://vss.ky.gov/ https://finance.ky.gov/eProcurement/Pages/doing-business-with-the-commonwealth.aspx mailto:Finance.CRCGroup@ky.gov https://www.chfs.ky.gov/agencies/dph/Pages/RespiratoryDiseases.aspx

Section 1: Definitions

1. “Addendum” means a written or graphic instrument issued by the purchasing agency prior to the execution of the contract that modifies or interprets the Bidding Documents by addition, deletion, clarification or correction.

2. “Alternate” means an optional item stated in the bid the amount of which is to be added to or deducted from the amount of the base bid.

3. “Architect” or “Engineer” means a firm that provides professional design services and is engaged by the Division of Engineering and Contract Administration for Capital Construction Projects, and identified as such in the Contract Documents. The term refers to the design team, consisting of the prime architect/engineer and all Sub-Consultants (if used) or consultant identified by the owner.

4. “Bid” means the sum stated in the Bid Response for which the bidder offers to perform the work described in the specifications and detailed on the plans.

5. “Bidder” means one who submits a bid directly to the owner for the work described in the bidding documents.

6. “Bidding Documents” means the Solicitation, including Instructions to Bidders, General Conditions, Special and Supplemental Conditions, Forms for Response, plans, specifications and Addenda issued prior to receipt of bids.

7. “Bid Response” means a complete and properly signed document, offering to do the work or designated portion thereof, supported by data called for by the bidding documents.

8. “Chief Purchasing Officer” means the secretary of the Finance and Administration Cabinet, who shall be responsible for all procurement of the Commonwealth except as provided by KRS Chapters 175, 176, 177, and 180. KRS 45A.030(3).

9. “Commonwealth” means the Commonwealth of Kentucky.

10. “Construction” means the process of building, altering, repairing, improving or demolishing any public structures or buildings, or other public improvements of any kind to any public real property. It does not include the routine maintenance of existing structures, buildings or real property. KRS 45A.030(4).

11. “Contract (CT/CT2)” means a document established to purchase a specific quantity or amount of goods or non-professional services at a specific price. KRS 45A.030(8).

12. “Contract Modification” means any written alteration in the specifications, delivery point, rate of delivery, contract period, price, quantity or other contract provisions of any existing contract, whether accomplished by unilateral action in accordance with a contract provision or by mutual action of the parties to the contract. It includes bilateral actions, such as supplemental agreements, and unilateral actions, such as change orders, administrative changes, notices of termination and notices of the exercise of a contract option. KRS 45A.030(9).

13. “DECA” means the Division of Engineering and Contract Administration within the Department for Facilities and Support Services, Finance and Administration Cabinet.

14. Delivery Order (DO/DO2)” means a document established by a state agency to purchase a specific quantity at a specific price referencing a Master Agreement. DO documents are generally used for commodities and DO2 documents are used for services.

15. “DFSS” means the Department for Facilities and Support Services within the Finance and Administration Cabinet.

16. “DRP” means the Division of Real Properties within the Department for Facilities and Support Services, Finance and Administration Cabinet.

INSTRUCTIONS TO BIDDERS

17. “Electronic Offer” means an online bid through the state’s eProcurement system, an offer submitted by electronic mail, or an offer submitted by facsimile.

18. “FAC” means the Finance and Administration Cabinet.

19. “Government Body” means any department, commission, council, board, bureau, committee, institution, legislative body, agency, government, corporation or other establishment of the executive or legislative branch of the state government. KRS 45A.030(17).

20. “Master Agreement (MA)” means a document that establishes a price agreement for use by state agencies with a vendor for supplying specific goods and services at specific unit prices during a specified time period.

It does not place an order for goods and services.

21. “Offer” means a bid, proposal, Solicitation response or quotation.

22. “OPS” means the Office of Procurement Services within the Finance and Administration Cabinet.

23. “Owner” means the Commonwealth of Kentucky.

24. “Person” means any business, individual, organization or group of individuals. KRS 45A.030(20).

25. “Planholder” means any entity, supplier and/or subcontractor that has purchased plans and specifications from the Division of Engineering and Contract Administration’s reprographics vendor in order to submit a bid with the Commonwealth of Kentucky.

26. “Procurement” means the purchasing, buying, renting, leasing or otherwise obtaining of any supplies, services or construction. It includes all functions that pertain to the procurement of any supply, service or construction item, including description of requirements, selection and solicitation of sources, preparation and award of contract, and all phases of contract administration. KRS 45A.030(21).

27. “Proof of Necessity Agreement (PON2)” means a type of contract established by a state agency to purchase professional services (i.e. personal service contracts, grants and memoranda of agreements).

28. “Purchase Order (PO/PO2)” means a type of contract established by a state agency to purchase a specific quantity or amount of goods or non-professional services at a specific price and is generally for a one-time purchase. A PO2 for non-professional services may contain an option to renew for an additional time period.

29. “Purchasing Agency” means any governmental body that is authorized by this code or its implementing administrative regulations or by way of delegation from the chief purchasing officer to contract on its own behalf rather than through the central contracting authority of the chief purchasing officer. KRS 45A.030(23).

30. “Purchasing Officer” means any person authorized by a governmental body in accordance with procedures prescribed by administrative regulations to enter into and administer contracts and make written determinations and findings with respect thereto. The term includes an authorized representative acting within the limits of authority. KRS 45A.030(24).

31. “Quote” or “Quotation Response” means a complete offer to perform the work specified in the Request for Quotation.

32. “RFB” means a Request for Bids.

33. “RFI” means a Request for Information.

34. “RFP” means a Request for Proposals. KRS 45A.070(5).

35. “RFQ” means a Request for Quotations.

36. “SAS” means the Office of Statewide Accounting Services within the Finance and Administration Cabinet.

37. “Secretary” means the secretary of the Finance and Administration Cabinet.

38. “Solicitation” means an RFB, RFI, RFP or RFQ.

39. “Sub-bidder” or “Subcontractor” means one who submits a bid to a prime bidder for materials or labor for a portion of the work described in the bidding documents.

40. “Tiered Pricing” means a determination of price based on volume, where the larger the volume, the larger the discount offered.

41. “Time” means calendar days.

42. “Unit Price” means an amount stated in the bid as a price per unit of measurement for materials or services as described in the bidding documents.

43. “Using Agency” means the state government entity that utilizes the work being contracted.

FAP 220-05-00

BIDDER INSTRUCTIONS FOR COMPETITIVELY SEALED BID CONSTRUCTION SOLICITATIONS

1. Bidder’s Representations: Each bidder, by submitting a bid, swears or affirms, under penalty of law, that:

a. The bidder has read and understands the bidding documents and the bid is made in accordance with the bidding documents.

b. The bidder has carefully examined the site of the proposed work and is familiar with the local conditions under which the work is to be performed.

c. The bid is premised upon furnishing the work required by the bidding documents.

d. The bid amount has been arrived at by the bidder independently and has been submitted without collusion with, and without any agreement, understanding or planned common course of action with any other contractor, vendor of materials, supplies, equipment or services described in the Solicitation, that is designed to limit independent bidding or competition.

e. The contents of the bid have not been communicated by the bidder or its employees or agents to any person not an employee or agent of the bidder, or its surety on any bond furnished with the bid and will not be communicated to any such person prior to the bid opening.

f. The bidder is legally entitled to enter into a contract with the Commonwealth and the award of a contract shall not create any conflict of interest, including those set out in KRS 45A.330 – KRS 45A.340; KRS 45A.455 and KRS 164.390.

2. Bidding Documents:

a. A bidder, sub-bidder, sub-contractor and others may obtain bidding documents in the manner and for the charge, if any, stated in the Solicitation.

b. A complete set of bidding documents shall be used in preparing bids. The Commonwealth assumes no responsibility for misinterpretations resulting from the use of incomplete sets of bidding documents. The bidder shall supply all information called for in the Solicitation. Failure to supply the specified information may be cause for determining the bid nonresponsive.

c. The Commonwealth, in providing bidding documents, does so only for the purpose of obtaining bids on the work and does not confer a license or grant for any other use.

d. A bidder shall promptly notify the purchasing officer of any ambiguity, inconsistency or error, which it may discover upon examination of the bidding documents or of the site and local conditions.

e. All questions regarding the meaning or interpretation of the bidding documents shall be directed in writing to the purchasing officer. Unless otherwise specified in the Solicitation, questions received less than ten

(10) calendar days prior to the date for receipt of bids may not be answered.

f. Any interpretation, correction or change of the bidding documents shall be made by an addendum issued by the purchasing agency. Interpretations, corrections or changes of the bidding documents made in any other manner shall not be binding and bidders shall not rely upon such interpretations, corrections or changes.

g. Unless otherwise indicated in the bidding documents, the materials, products and equipment described or referenced by manufacturers’ or vendors’ names, trade names and catalog numbers are intended to establish a standard of required function, dimension, appearance and quality. Unless otherwise stated, equal items may be furnished or used if approved by the purchasing officer in consultation with the architect or the director of DECA.

h. Addenda shall be published on the Commonwealth’s eProcurement web site, and shall be issued to all who are registered planholders with the contracted reprographics company or other distribution authorized by the director of DECA.

i. Copies of addenda shall be made available for inspection wherever bidding documents are on file.

j. No addenda of a material nature shall be issued later than seven (7) calendar days prior to the date for receipt of bids, except for addenda postponing the date for receipt of bids or withdrawing the Solicitation.

k. The bidder shall ascertain prior to submitting a bid that the bidder has received all addenda issued by the purchasing officer for the particular solicitation. The bidder shall acknowledge receipt of all addenda on the Bid Response or by a separate letter to the purchasing officer, which shall be received at or prior to the hour and date specified for receipt of bids.

3. Bidding Procedure:

a. Bids shall be submitted on the Bid Documents provided…