NOTICE OF REQUEST FOR BIDS Qualifications-based bids for professional design-build services will be received by The Hopkins County Fiscal Court for the design-build of the Hopkins County Youth Athletic Complex - Archery Building. Kentucky Prevailing Wages apply to this project. The facility will be constructed at 3100 Grapevine Road, Madisonville, Kentucky. Any interested firm may receive a RFP packet with project information requirements and specifications for the nonrefundable fee of $150.00 from Hopkins County Engineer C. F. Williams, P.E. at 24 West Center Street Madisonville, KY 42431 or call 270-821-6392 or email at mroehrich@kyn.twcbc.com. Sealed Bids will be received at Hopkins County Fiscal Court, Attention Donald Carroll, Judge Executive, PO Box 523, 56 North Main Street, Madisonville, KY 42431 by 4 PM CDT on August 16, 2013. Page 1
1. Receipt and Opening Bids INFORMATION FOR BIDDERS All information for receiving and opening bids is contained in the Advertisement for Bids. The owner may consider informal any bid not prepared and submitted in accordance with the provisions hereof and may waive any informalities or reject any and all bids. Any bid may be withdrawn prior to the above scheduled time for the opening of bids or authorized postponement thereof. Any bid received after the time and date specified shall not be considered. No bidder may withdraw a bid within 90 days after the actual date of the opening thereof. 2. Preparation of Bid: Each bid must be submitted on the prescribed form and accompanied by Certification of Bidder Regarding Equal Employment Opportunity, (page 8); Bid Bond Form (page 6); Contractor Debarment Form (page 22); and Certification of Bidder Regarding Section 3 and Segregated Facilities (page 9 through 13). All blank spaces must be filled in, in ink or typewritten, in both words and figures, and foregoing Certifications must be fully completed and executed when submitted. Each bid must be submitted in a sealed envelope bearing on the outside the name of the bidder, his/her address, and the name of the project for which the bid is submitted. If forwarded by mail, the sealed envelope containing the bid must be enclosed in another envelope addressed as specified in the bid form. 3. Subcontracts: The bidder is specifically advised that any person, for, or other party to whom it is proposed to award a subcontract under this contract: a. Must be acceptable to the Owner and have current eligibility status for Federal programs; and b. Must submit Form 950.2, Certification by Proposed Subcontractor Regarding Equal Employment Opportunity (page 14), and Certification by Proposed Subcontractor Regarding Section 3 and Segregated Facilities (page 15). Approval of the proposed subcontract award cannot be given by the Owner unless and until the proposed subcontractor has submitted the Certifications and/or other evidence showing that it has fully complied with any reporting requirements to which it is or was subject. Although the bidder is not required to attach such Certifications by proposed subcontractors to his/her bid, the bidder is here advised of this requirement so that appropriate action can be taken to prevent subsequent delay in subcontract awards. Page 2
4. Telegraphic/Facsimile Modification: Any bidder may modify his/her bid by telegraphic or facsimile communication at any time prior to the scheduled closing time for receipt of bids, provided such communication is received by the Owner prior to the closing time, and provided further, the Owner is satisfied that a written confirmation of the telegraphic/facsimile modification over the signature of the bidder was mailed prior to the closing time. The communication should not reveal the bid price but should provide the addition or subtraction or other modification so that the final prices or terms will not be known by the Owner until the sealed bid is opened. If written confirmation is not received within two days from the closing time, no consideration will be given to the telegraphic/facsimile modification. 5. Method of Bidding: This project shall be bid as a unit price bid. The project shall be bid in full on the form provided. The Owner reserves the right to waive any informality or to reject any or all bids. 6. Qualifications of Bidder: The Owner may make such investigations as he deems necessary to determine the ability of the bidder to perform the work, and the bidder shall furnish to the Owner all such information and data for this purpose as the Owner may request. The Owner reserves the right to reject any bid if evidence submitted by, or investigation of, such bidder fails to satisfy the Owner that such bidder is properly qualified to carry out the obligations of the Contract and to complete the work contemplated therein. Conditional bids will not be accepted. 7. Bid Security: A Bid Bond in the amount of five percent (5%) of the bid price will be required for this contract, duly executed by the bidder as principal and having as surety thereon a surety company approved by the Owner. The bid bond will be returned promptly after the Owner and the accepted bidder have executed the contract, or if no award has been made within 30 days after the date of the bid opening, upon demand of the bidder at any time thereafter, so long as he/she has not been notified of the acceptance of his/her bid. 8. Liquidated Damages for Failure to Enter into Contract: The successful bidder, upon his/her failure or refusal to execute and deliver the contract required within ten (10) days after he/she has received notice of the acceptance of his/her bid, shall forfeit to the Owner, as liquidated damages for such failure or refusal, the bid bond and the right to bid on future projects for the period of five (5) year. 9. Time of Completion and Liquidated Damages: Bidder must agree to commence work on or before a date specified in a written "Notice to Proceed" of the Owner and to fully complete the project within one hundred twenty (120) consecutive calendar days thereafter. Otherwise the Bidder agrees to pay as liquidated damages for non-weather related construction delays, the sum of $250.00 for each consecutive calendar day thereafter as hereinafter provide in the General Conditions. 9. A. Extension of Contract Time: The contract time may be extended as a result of added work by Change Order or by unusual wet weather conditions. Time will not be extended for mud days, cold days and other such inconveniences. The time for completion is inclusive of the average rain fall days in excess of 0.10 inches per day. Weather delays shall be calculated as those days in excess of 0.10 inches of rain per day in excess of the National Weather Services published average rainfall for the contract period. Those days are hereby established as follows: January 7 days May 7 days September 5 days February 6 days June 6 days October 4 days March 9 days July 7 days November 6 days April 7 days August 5 days December 7 days Example: If January had 8 days in excess of 0.10 inches of rain, then the contract time may be extended by 1 day. Page 3
10. Conditions of Work: Each bidder must inform him/herself fully of the conditions relating to the construction of the project and the employment of labor thereon. Failure to do so will not relieve a successful bidder of his/her obligation to furnish all material and labor necessary to carry out the provisions of his/her contract. Insofar as possible the contractor, in carrying out the work, must employ such methods or means as will not cause any interruption of or interference with the work of any other contractor. 11. Cost Reduction Incentive. The provisions of this subsection will apply only to contracts awarded to the lowest bidder pursuant to competitive bidding. On projects with original contract amounts in excess of $100,000, the Contractor may submit to the Engineer, in writing, proposals for modifying the plans, specifications or other requirements of the contract for the sole purpose of reducing the cost of construction. The cost reduction proposal shall not impair, in any manner, the essential functions or characteristics of the project, including but not limited to service life, economy of operation, ease of maintenance, desired appearance, design and safety standards. This provision shall not apply unless the proposal submitted is specifically identified by the Contractor as being presented for consideration as a value engineering proposal. Not eligible for cost reduction proposals are changes in the basic design of a pavement type, runway and taxiway lighting, visual aids, hydraulic capacity of drainage facilities, or changes in grade or alignment that reduce the geometric standards of the project. As a minimum, the following information shall be submitted by the Contractor with each proposal: a. A description of both existing contract requirements for performing the work and the proposed changes, with a discussion of the comparative advantages and disadvantages of each; b. An itemization of the contract requirements that must be changed if the proposal is adopted; c. A detailed estimate of the cost of performing the work under the existing contract and under the proposed changes; d. A statement of the time by which a change order adopting the proposal must be issued; e. A statement of the effect adoption of the proposal will have on the time for completion of the contract; and f. The contract items of work affected by the proposed changes, including any quantity variation attributable to them. Page 3 A
The Contractor may withdraw, in whole or in part, any cost reduction proposal not accepted by the Engineer, within the period specified in the proposal. The provisions of this subsection shall not be construed to require the Engineer to consider any cost reduction proposal that may be submitted. The Contractor shall continue to perform the work in accordance with the requirements of the contract until a change order incorporating the cost reduction proposal has been issued. If a change order has not been issued by the date upon which the Contractor's cost reduction proposal specifies that a decision should be made, or such other date as the Contractor may subsequently have requested in writing, such cost reduction proposal shall be deemed rejected. The Engineer shall be the sole judge of the acceptability of a cost reduction proposal and of the estimated net savings from the adoption of all or any part of such proposal. In determining the estimated net savings, the Engineer may disregard the contract bid prices if, in the Engineer's judgment such prices do not represent a fair measure of the value of the work to be performed or deleted. The Owner may require the Contractor to share in the Owner's costs of investigating a cost reduction proposal submitted by the Contractor as a condition of considering such proposal. Where such a condition is imposed, the Contractor shall acknowledge acceptance of it in writing. Such acceptance shall constitute full authority for the Owner to deduct the cost of investigating a cost reduction proposal from amounts payable to the Contractor under the contract. If the Contractor's cost reduction proposal is accepted in whole or in part, such acceptance will be by a contract change order that shall specifically state that it is executed pursuant to this subsection. Such change order shall incorporate the changes in the plans and specifications which are necessary to permit the cost reduction proposal or such part of it as has been accepted and shall include any conditions upon which the Engineer's approval is based. The change order shall also set forth the estimated net savings attributable to the cost reduction proposal. The net savings shall be determined as the difference in costs between the original contract costs for the involved work items and the costs occurring as a result of the proposed change. The change order shall also establish the net savings agreed upon and shall provide for adjustment in the contract price that will divide the net savings equally between the Contractor and the Owner. The Contractor's 50 percent share of the net savings shall constitute full compensation to the Contractor for the cost reduction proposal and the performance of the work. Page 3B