UK Agriculture Research Facility I TC-001 Early Subcontractor Involvement Greenhouses

A n E q u a l O p p o r t u n i t y U n i v e r s i t y Request for Proposal UK-2617.0-2-24 Proposal Due Date – 04/09/2024 UK Agriculture Research Facility 1 TC-001 Early Subcontractor Involvement Greenhouses UK Project #2617.0 Revised 2-3-2023 REQUEST FOR PROPOSAL (RFP) ATTENTION: This is not an order. Read all instructions, terms and conditions carefully. PROPOSAL NO.: UK-2617.0-2-24 RETURN ORIGINAL COPY OF PROPOSAL TO: UNIVERSITY OF KENTUCKY PROCUREMENT SERVICES 411 S LIMESTONE ROOM 322 PETERSON SERVICE BLDG. LEXINGTON, KY 40506-0005 Issue Date: 03/20/2024 Title: Agriculture Research Facility Greenhouse Purchasing Officer: Corey W. Leslie Contact: cckbidquestions@uky.edu IMPORTANT: PROPOSALS MUST BE RECEIVED BY: 04/09/2024 3 P.M. LEXINGTON, KY TIME. NOTICE OF REQUIREMENTS 1. The University’s General Terms and Conditions and Instructions to Bidders, viewable at

href="https://purchasing.uky.edu/bid-and-proposal-opportunities," target="_blank">https://purchasing.uky.edu/bid-and-proposal-opportunities, apply to this RFP. When the RFP includes construction services, the University’s General Conditions and Special Conditions for Construction and Instructions to Bidders, viewable at https://purchasing.uky.edu/bid-and-proposal-opportunities, apply to the RFP. 2. Contracts resulting from this RFP must be governed by and in accordance with the laws of the Commonwealth of Kentucky. 3. Any agreement or collusion among offerors or prospective offerors, which restrains, tends to restrain, or is reasonably calculated to restrain competition by agreement to bid at a fixed price or to refrain from offering, or otherwise, is prohibited. 4. Any person who violates any provisions of KRS 45A.325 shall be guilty of a felony and shall be punished by a fine of 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 who violates any of the provisions of KRS 45A.325 shall, upon conviction, be fined not less than ten thousand dollars or more than twenty thousand dollars. AUTHENTICATION OF BID 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: 1. 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); 2. That the attached proposal has been arrived at 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 Contractor of materials, supplies, equipment or services described in the RFP, designed to limit independent bidding or competition; 3. That the contents of the proposal have not been communicated by the offeror or its employees or agents to any person not an employee or agent of the offeror or its surety on any bond furnished with the proposal and will not be communicated to any such person prior to the official closing of the RFP: 4. That the offeror is legally entitled to enter into contracts with the University of Kentucky and is not in violation of any prohibited conflict of interest, including, but not limited to, those prohibited by the provisions of KRS 45A.330 to .340, and164.390; 5. That the offeror, and its affiliates, are duly registered with the Kentucky Department of Revenue to collect and remit the sale and use tax imposed by Chapter 139 to the extent required by Kentucky law and will remain registered for the duration of any contract award; 6. That I have fully informed myself regarding the accuracy of the statement made above. SWORN STATEMENT OF COMPLIANCE WITH CAMPAIGN FINANCE LAWS In accordance with KRS45A.110 (2), the undersigned hereby swears under penalty of perjury that he/she has not knowingly violated any provision of the campaign finance laws of the Commonwealth of Kentucky and that the award of a contract to a bidder will not violate any provision of the campaign finance laws of the Commonwealth of Kentucky. CONTRACTOR REPORT OF PRIOR VIOLATIONS OF KRS CHAPTERS 136, 139, 141, 337, 338, 341 & 342 The contractor by signing and submitting a proposal agrees as required by 45A.485 to submit final determinations of any violations of the provisions of KRS Chapters 136, 139, 141, 337, 338, 341 and 342 that have occurred in the previous five (5) years prior to the award of a contract and agrees to remain in continuous compliance with the provisions of the statutes during the duration of any contract that may be established. Final determinations of violations of these statutes must be provided to the University by the successful contractor prior to the award of a contract. CERTIFICATION OF NON-SEGREGATED FACILITIES The contractor, by submitting a proposal, certifies that he/she is in compliance with the Code of Federal Regulations, No. 41 CFR 60-1.8(b) that prohibits the maintaining of segregated facilities. SIGNATURE REQUIRED: This proposal cannot be considered valid unless signed and dated by an authorized agent of the offeror. Type or print the signatory's name, title, address, phone number and fax number in the spaces provided. Offers signed by an agent are to be accompanied by evidence of his/her authority unless such evidence has been previously furnished to the issuing office. DELIVERY TIME: NAME OF COMPANY: DUNS # PROPOSAL FIRM THROUGH: ADDRESS: Phone/Fax: PAYMENT TERMS: CITY, STATE & ZIP CODE: E-MAIL: SHIPPING TERMS: F. O. B. DESTINATION PREPAID AND ALLOWED TYPED OR PRINTED NAME: WEB ADDRESS: FEDERAL EMPLOYER ID NO.: SIGNATURE: DATE: mailto:cckbidquestions@uky.edu https://purchasing.uky.edu/bid-and-proposal-opportunities https://purchasing.uky.edu/bid-and-proposal-opportunities PROPOSAL NO. UK-2617.0-2-24 3 Table of Contents 1.0 DEFINITIONS ........................................................................................................................... 6 2.0 GENERAL OVERVIEW ............................................................................................................. 7 2.1 Intent and Scope ....................................................................................................................... 7 2.2 Background Information ....................................................................................................... 7 2.3 University Information ........................................................................................................... 8 2.4 Economic Inclusion and Procurement .............................................................................. 11 3.0 PROPOSAL REQUIREMENTS ............................................................................................... 12 3.1 Key Event Dates (all times are Lexington, KY prevailing times) .......................................... 12 3.2 Offeror Communication ...................................................................................................... 12 3.3 Pre-Proposal Conference ................................................................................................... 12 3.4 Offeror Presentations ......................................................................................................... 13 3.5 Preparation of Offers .......................................................................................................... 13 3.6 Proposed Deviations from the RFP .................................................................................... 13 3.7 Proposal Submission and Deadline .................................................................................... 13 3.8 Modification or Withdrawal of Offer ..................................................................................... 14 3.9 Acceptance or Rejection and Award of Proposal ................................................................ 14 3.10 Rejection ............................................................................................................................ 15 3.11 Addenda ............................................................................................................................. 15 3.12 Disclosure of Offeror’s Response ....................................................................................... 15 3.13 Restrictions on Communications with University Staff ........................................................ 15 3.14 Cost of Preparing Proposal ................................................................................................. 16 3.15 Disposition of Proposals ..................................................................................................... 16 3.16 Alternate Proposals ............................................................................................................ 16 3.17 Questions ........................................................................................................................... 16 3.18 Section Titles in the RFP .................................................................................................... 16 3.19 No Contingent Fees ............................................................................................................ 16 3.20 Proposal Addenda and Rules for Withdrawal...................................................................... 16 3.21 Requirement To Perform Vendor Onboarding and Registration .......................................... 17 4.0 PROPOSAL FORMAT AND CONTENT .................................................................................. 18 4.1 Proposal Information and Criteria ....................................................................................... 18 PROPOSAL NO. UK-2617.0-2-24 4 4.2 Signed Authentication of Proposal and Statements of Non-Collusion and Non-Conflict of Interest Form .............................................................................................................................. 18 4.3 Transmittal Letter ............................................................................................................... 18 4.4 Executive Summary and Proposal Overview ...................................................................... 19 4.5 Criteria 1 - Offeror Qualifications ........................................................................................ 20 4.6 Criteria 2 – Services Defined .............................................................................................. 20 4.7 Criteria 3 – Financial Proposal ............................................................................................ 21 4.8 Criteria 4 – Evidence of Successful Performance and Implementation Schedule ............... 21 4.9 Criteria 5 – Other Additional Information ............................................................................. 21 5.0 EVALUATION CRITERIA PROCESS...................................................................................... 22 6.0 SPECIAL CONDITIONS.......................................................................................................... 23 6.1 Contract Term .................................................................................................................... 23 6.2 Effective Date ..................................................................................................................... 23 6.3 Competitive Negotiation ..................................................................................................... 23 6.4 Appearance Before Committee .......................................................................................... 23 6.5 Additions, Deletions or Contract Changes .......................................................................... 23 6.6 Contractor Cooperation in Related Efforts .......................................................................... 23 6.7 Entire Agreement ............................................................................................................... 24 6.8 Governing Law ................................................................................................................... 24 6.9 Kentucky’s Personal Information Security and Breach Investigation Procedures and Practices Act .............................................................................................................................. 24 6.10 Termination for Convenience .............................................................................................. 24 6.11 Termination for Non-Performance ...................................................................................... 25 6.12 Funding Out ....................................................................................................................... 26 6.13 Prime Contractor Responsibility.......................................................................................... 26 6.14 Assignment and Subcontracting ......................................................................................... 26 6.15 Permits, Licenses, Taxes.................................................................................................... 26 6.16 Attorneys’ Fees .................................................................................................................. 26 6.17 Royalties, Patents, Copyrights and Trademarks ................................................................. 26 6.18 Indemnification ................................................................................................................... 27 6.19 Insurance ........................................................................................................................... 27 6.20 Method of Award ................................................................................................................ 27 6.21 Reciprocal Preference ........................................................................................................ 27 6.22 Reports and Auditing .......................................................................................................... 28 PROPOSAL NO. UK-2617.0-2-24 5 6.23 Confidentiality ..................................................................................................................... 28 6.24 Conflict of Interest .............................................................................................................. 29 6.25 Personal Service Contract Policies ..................................................................................... 29 6.26 Copyright Ownership and Title to Designs and Copy .......................................................... 29 6.27 University Brand Standards ................................................................................................ 29 6.28 Printing Statutes ................................................................................................................. 30 6.29 Requirement for Contract Administration Fee ..................................................................... 30 6.30 Payment Terms .................................................................................................................. 30 7.0 SCOPE OF SERVICES .......................................................................................................... 30 7.1 Detailed Services Defined .................................................................................................. 31 7.2 Optional Services ............................................................................................................... 34 8.0 FINANCIAL OFFER SUMMARY ............................................................................................. 34 8.1 Mandatory Services (Section 7.1) ....................................................................................... 34 8.2 Optional Services (Section 7.2) .......................................................................................... 35 8.3 Alternate Pricing ................................................................................................................. 35 ≡ Attachment “A” 3A Page ≡ General Requirements ≡ General Conditions ≡ Special Conditions ≡ Sample Turner Subcontract Form 36 ≡ Form 36 Early Subcontractor Involvement Rider ≡ Attachment “C” Project Safety Program ≡ Attachment “D” E&O Insurance Provisions ≡ Attachment “E” Accounting Procedures ≡ Attachment “F” Percentage Markup ≡ Attachment “G” Project Schedule ≡ Attachment “I” Lean Subcontract Exhibit ≡ Attachment “J” Electronic Agreement ≡ Attachment “K” CCIP Manual ≡ Attachment “L” Tree Protection Standards ≡ Attachment “M” Site Logistics ≡ Attachment “N” Subcontractor Onboarding ≡ Attachment “O” Greenhouse Narrative PROPOSAL NO. UK-2617.0-2-24 6 1.0 DEFINITIONS The term "addenda" means written or graphic instructions issued by the University of Kentucky prior to the receipt of proposals that modify or interpret the RFP documents by additions, deletions, clarifications and/or corrections. The term "competitive negotiations" means the method authorized in the Kentucky Revised Statutes, Chapter 45A.085. The terms "offer" or “proposal” mean the offeror’s/offerors’ response to this RFP. The term "offeror" means the entity or contractor group submitting the proposal. The term "contractor" means the entity receiving a contract award. The term "purchasing agency" means the University of Kentucky, Purchasing Division, Room 322 Peterson Service Building, Lexington, KY 40506-0005. The term "purchasing official" means the University of Kentucky’s appointed contracting representative. The term "responsible offeror" means a person, company or corporation that has the capability in all respects to perform fully the contract requirements and the integrity and reliability that will assure good faith performance. In determining whether an offeror is responsible, the University may evaluate various factors including (but not limited to): financial resources; experience; organization; technical qualifications; available resources; record of performance; integrity; judgment; ability to perform successfully under the terms and conditions of the contract; adversarial relationship between the offeror and the University that is so serious and compelling that it may negatively impact the work performed under this RFP; or any other cause determined to be so serious and compelling as to affect the responsibility of the offeror. The term "solicitation" means RFP. The term "University" means University of Kentucky. PROPOSAL NO. UK-2617.0-2-24 7 2.0 GENERAL OVERVIEW 2.1 Intent and Scope This Requests for Proposals (RFP) is issued to solicit proposals from qualified, experienced, financially sound, and responsible firms to provide labor, equipment and materials for complete Preconstruction Assistance and Construction phase scope of services for Greenhouses for the University of Kentucky. • This request for proposal includes the new rooftop greenhouse & circulation spaces for the new Agriculture Research Building 1. • This request for proposal includes Preconstruction Assistance to Architect. • The Contractor who is chosen to provide the system must provide a turn-key installation with full functionality. • The Contractor who is chosen to implement the system must provide a single point of contact during the project period. This single point of contact will have full responsibility for ensuring the project requirements are completed. • Testing and Certification. To be considered a responsible bidder, the contractor must have successfully completed previous Greenhouse projects with similar size, scope of work, and quality requirements as the project being quoted. The University and Construction Manager reserve the right to contact any person materially involved with the referenced projects. The scope of services for this contract are further detailed in section 7.0 Scope of Services. Proposals for the following work will be received by University of Kentucky Procurement Services in Room #322 Peterson Service Building, Lexington, Kentucky 40506-0005, in the manner and on the date hereinafter specified for the furnishing of all labor, materials, supplies, tools, appliances, equipment, services, etc., necessary for the construction of Trade Contract 001 – Early Subcontractor Involvement and Construction Phase Services for Greenhouses for Project #2617.0,as set forth in the specifications and as shown on the sketch as prepared by JRA Architects and the Scope of Services prepared by Turner Construction Company and approved by the Capital Project Management Division and the under the terms and conditions of this RFP. Attachment J is an electronic agreement to be signed for viewing rights to a copy of the design model of the façade to understand project details and assist contractor to complete this RFP. 2.2 Background Information This package involves the Preconstruction Assistance services and Construction Phase services for Greenhouses for the Agriculture Research Facility. The work will be performed under contract with the Construction Manager, Turner Construction Company. IMPORTANT NOTE: THE SUCCESSFUL OFFEROR WILL ENTER INTO A SUBCONTRACT WITH TURNER CONSTRUCTION COMPANY. THE FORM OF CONTRACT IS INCLUDED WITH THE SOLICITATION DOCUMENTS. THERE WILL BE NO DIRECT CONTRACTUAL RELATIONSHIP BETWEEN THE SUCCESSFUL OFFEROR AND THE UNIVERSITY OF KENTUCKY. PROPOSAL NO. UK-2617.0-2-24 8 2.3 University Information Upon his arrival in 2011, President Eli Capilouto set an ambitious agenda to extend and enhance our role as Kentucky’s land-grant and flagship research university. By focusing on infrastructure growth and improvement; creating opportunities for innovative teaching, learning and academic excellence; fostering a robust research enterprise; providing life-saving subspecialty care; empowering communities through service and outreach; and encouraging a transparent and shared dialogue about institutional priorities; the University of Kentucky will help ensure a Kentucky tomorrow that is healthier, wealthier, and wiser than it is today. Our mission is to advance Kentucky. Founded in 1865 as a land-grant institution adjacent to downtown Lexington, UK is nestled in the scenic heart of the beautiful Bluegrass region of Kentucky. From its early beginnings, with only 190 students and 10 professors, UK’s campus now covers more than 900 acres. The university enrolled more than 32,000 students in Fall 2022 and has approximately 25,000 employees, including nearly 3,000 full-time faculty. UK is one of a small number of universities in the United States that has programs in agriculture, engineering, law, fine arts and a full complement of health colleges including medicine and pharmacy, on a single campus alongside an academic health system, leading to groundbreaking discoveries and unique interdisciplinary collaboration. The state’s flagship university consists of 18 academic and professional colleges where students can choose from more than 200 majors and degree programs at the undergraduate and graduate levels. The colleges are Agriculture, Food and Environment; Arts and Sciences; Business and Economics; Communication and Information; Dentistry; Design; Education; Engineering; Fine Arts; Graduate School; Health Sciences; Honors; Law; Medicine; Nursing; Pharmacy; Public Health; and Social Work. These colleges are supported by a modern research library system. Research at the University of Kentucky is a dynamic enterprise encompassing both traditional scholarship and emerging technologies. UK’s research faculty, staff and students are establishing UK as one of the nation’s most prolific public research universities. UK researchers were awarded more than $452.9 million in extramural grant and contract funding in fiscal year 2022. Fifty-six percent of this funding comes from agencies in the federal government ($256 million) such as the National Institutes of Health, National Science Foundation, Department of Energy, Department of Defense and numerous other federal, state and industry sponsors. Expenditures from research and development (R&D) activities at the university generate more than $772 million in economic development across the Commonwealth of Kentucky and support more than 4,395 jobs. With more than 70 research centers and institutes, UK researchers are discovering new knowledge, providing a rich training ground for current students and the next generation of researchers and advancing the economic growth of the Commonwealth of Kentucky. Several centers excel in the services offered to the public. The Gluck Equine Research Center is one of only three facilities of its kind in the world, conducting equine disease research. The Center for Applied Energy Research (CAER) is internationally recognized for research in algae for carbon dioxide clean up, carbon materials, concrete and cement, emissions control in utilities, energy policy, fuels research, hydrogen, materials characterization, and plant optimization. The', Tiana S. reject change if it's common to just say R&D� PROPOSAL NO. UK-2617.0-2-24 9 Among the brightest examples of UK’s investment in transformative research is the Markey Cancer Center. As a center of excellence and distinction at UK, Markey’s robust research and clinical enterprise is the cornerstone of our commitment to Kentucky – fundamental to our success in uplifting lives through our endeavors and improving the general health and welfare of our state – burdened by the nation’s highest rate of cancer deaths per 100,000 people. In 2013, Markey earned the prestigious National Cancer Institute-designation (NCI) – one of 68 nationally and the only one in Kentucky. The designation was renewed in 2018. Both CAER and Markey are cornerstones of seven Research Priority Areas (RPAs) at the University of Kentucky. These areas — chosen based on local relevance, existing funding strength, sustainability, and disciplinary scholarly diversity — focus UK’s top research talent on the most pressing challenges confronting our state. The University of Kentucky is the recipient of a Clinical Translational Sciences Award (CTSA) from the National Institutes of Health (NIH). As one of only 60 institutions with this research distinction, UK was awarded the CTSA for its potential in moving research and discovery in the lab into practical field and community applications. The CTSA and NCI are part of a trifecta of federal research grants that includes an Alzheimer’s Disease Center. UK is one of only 29 universities in the country to hold all three premier grants from NIH. Established in 1957, the medical center at UK is one of the nation's finest academic medical centers and includes the university's clinical enterprise, UK HealthCare. Licensed for 965 beds across UK Albert B. Chandler Hospital, Kentucky Children's Hospital and UK Good Samaritan Hospital, the system is supported by a growing faculty and staff providing the most advanced subspecialty care for the most critically injured and ill patients throughout the Commonwealth and beyond. Since 2014, the number of patients served by the medical enterprise has nearly doubled, with more than 38,000 discharges in 2022. UK Chandler Hospital includes the only Level 1 Trauma Center for both adult and pediatric patients in Central and Eastern Kentucky. In addition, UK HealthCare recently opened one of the country's largest robotic hybrid operating rooms and the first of its kind in the region. While the new patient care pavilion is the leading health care facility for advanced medical procedures in the region, our talented physicians consult with and travel to our network of affiliate hospitals so Kentuckians can receive the best health care available close to their home and never need to leave the Bluegrass for complex subspecialty care. As of December 1, 2022, King’s Daughters Medical Center, based in Ashland, Kentucky, officially became part of the University of Kentucky. King’s Daughters Medical Center serves a 16-county region across Kentucky, Ohio, and West Virginia. Its health system is composed of two acute-care hospitals totaling 465 licensed beds, more than 50 ambulatory centers and practice locations, a long-term care facility, medical transport company and six urgent care centers. UK’s agenda remains committed to accelerating the university’s academic excellence in all areas and gaining worldwide recognition for its outstanding academic programs, its commitment to students, its investment in pioneering research and discovery, its success in building a diverse community and its engagement with the larger society. This commitment is all part of the university’s mission as a 21st century flagship and land-grant research university. From its Nobel Laureates to cutting-edge work in addressing health disparities, and from the artistic wonders that stir souls to our scientific creativity that inspires minds, UK seeks a brighter future through the contributions of our faculty, staff, students and alumni. PROPOSAL NO. UK-2617.0-2-24 10 We are the University of Kentucky. We are committed to advancing Kentucky in everything that we do. SUSTAINABILITY Sustainability is an institution-wide priority for the University of Kentucky. We strive to ensure that all activities are ecologically sound, socially just, and economically viable, and that they will continue to be so for future generations. This commitment also prioritizes the integration of these principles in curricula, research, athletics, health care, creative works, and outreach. This principled approach to operational practices and intellectual pursuits is intended to prepare students and empower the campus community to support sustainable development in the Commonwealth and beyond. The UK Sustainability Strategic Plan guides these efforts (https://www.uky.edu/sustainability/sustainability- strategic-plan). https://www.uky.edu/sustainability/sustainability-strategic-plan https://www.uky.edu/sustainability/sustainability-strategic-plan PROPOSAL NO. UK-2617.0-2-24 11 2.4 Economic Inclusion and Procurement The University of Kentucky is committed to serving as an advocate for diverse businesses and Kentucky located businesses. Diverse Business Enterprises (DBE) consist of minority, women, disabled, veteran, and disabled veteran owned business firms that are at least fifty-one percent owned and operated by an individual(s) of the aforementioned categories. Also included in this category are disabled business enterprises and non-profit work centers for the blind and severely disabled. To be deemed a Kentucky located Business a company must have a physical facility located in the Commonwealth of Kentucky that is engaged in on-going business operations. The University is committed to increasing the amount of goods and services acquired from businesses owned and controlled by diverse persons to 10% of all procurement expenditures. The University expects its suppliers to support and assist in this effort. The University is also dedicated to increasing the amount of goods and services acquired from Kentucky located companies to the greatest extent possible in support of our economic development efforts. Among the University’s goals for DBE participation in procurement are: • To ensure the absence of barriers that reduce their participation. • Educate vendors on "how to" do business with the University. • Support diverse and Kentucky located vendors seeking to do business with the University in the areas of goods, services, construction, and other areas of procurement. • Encourage participation of qualified diverse and Kentucky located vendors by directing them to agencies that can benefit from their product or service. • Provide resources for diverse and Kentucky located vendors. • Sponsor events to assist diverse and Kentucky located vendors in becoming active, responsible, and responsive participants in the University's purchasing opportunities. For additional information regarding how diverse and Kentucky located suppliers may participate in this Request for Proposal, submit any questions to the Procurement Officer as indicated in Section 3.2 by the Deadline for Written Questions date. PROPOSAL NO. UK-2617.0-2-24 12 3.0 PROPOSAL REQUIREMENTS 3.1 Key Event Dates (all times are Lexington, KY prevailing times) 3.2 Offeror Communication All communications with the University regarding this RFP shall only be directed to the procurement officer listed above. All addenda and updates will be communicated through the Lynn Imaging Planroom. Plans, Specifications, and official solicitation documents are available from: Lynn Imaging 328 Old Vine Street Lexington Kentucky 40507 Phone (859) 255-1021 Fax (859) 233-1558 In addition, Lynn Imaging and the University have a web site at: www.ukplanroom.com where plans can be ordered. Interested vendors must identify the status of their firm as a prime contractor, miscellaneous subcontractor, material supplier or other when ordering Plans and Specifications. 3.3 Pre-Proposal Conference A pre-proposal conference will be held in Lexington, Kentucky on 03/26/2024 at 3:00PM Via Zoom to allow prospective contractors an opportunity to ask questions and clarify the University’s expectations. This conference provides offerors an opportunity for oral questions. Meeting URL: https://uky.zoom.us/j/87346497964?pwd=ZzZ1dmlmaERLYlphUC9jVGFjSlU1QT09&from=addon Call in: 309-205-3325 Meeting ID: 873 4649 7964 Passcode: 918554 Release of RFP 03/20/2024 Pre-Proposal Conference (Voluntary) 03/26/2024 at 10:00AM via Zoom Deadline for Written Questions 03/29/2024 at 1:00PM Final Addendum (on or about) 04/02/2024 RFP Proposals Due 04/09/2024 at 3:00PM http://www.ukplanroom.com/ https://uky.zoom.us/j/87346497964?pwd=ZzZ1dmlmaERLYlphUC9jVGFjSlU1QT09&from=addon PROPOSAL NO. UK-2617.0-2-24 13 The following items should be noted in reference to the pre-proposal conference: • Attendance at the pre-proposal conference is voluntary. At this conference, the scope of services will be discussed in detail. • Offerors are encouraged to submit written questions after the conference by the date listed in Section 3.1. The University will prepare written responses to all questions submitted and make them available to all offerors. The questions and answers will be made part of the RFP and may become part of the contract with the successful contractor. Answers given orally at the conference are not binding. 3.4 Offeror Presentations All offerors whose proposals are judged acceptable for award may be required to make a presentation to the evaluation committee. 3.5 Preparation of Offers The offeror is expected to follow all specifications, terms, conditions and instructions in this RFP. The offeror will furnish all information required by this solicitation. Proposals should be prepared simply and economically, providing a description of the offeror’s capabilities to satisfy the requirements of the solicitation. Emphasis should be on completeness and clarity of content. All documentation submitted with the proposal should be bound in the single volume except as otherwise specified. An electronic version of the RFP, in .PDF format only, is available through the University of Kentucky Purchasing Division website at: https://purchasing.uky.edu/bid-and-proposal- opportunities. 3.6 Proposed Deviations from the RFP The stated requirements appearing elsewhere in this RFP shall become a part of the terms and conditions of any resulting contract. Any deviations therefrom must be specifically defined in accordance with the transmittal letter, Section 4.3 (d). Such deviations must not conflict with the basic nature of this RFP. Note: Offerors shall not submit their standard terms and conditions as exceptions to the University’s General Terms and Conditions. Each exception to the University’s General Terms and Conditions shall be individually addressed. 3.7 Proposal Submission and Deadline https://purchasing.uky.edu/bid-and-proposal-opportunities https://purchasing.uky.edu/bid-and-proposal-opportunities PROPOSAL NO. UK-2617.0-2-24 14 Offeror must provide the following materials prior to 3 p.m. (Lexington, KY time) on the date specified in Section 3.1 and addressed to the purchasing officer listed in Section 3.2: • Technical Proposal: One (1) electronic storage device (USB) clearly marked with the proposal number and name, firm name and what is included (Technical Proposal) and two (2) printed copies • Financial Proposal: One (1) electronic storage device (USB) clearly marked with the proposal number and name, firm name and what is included (Financial Offer) and two (2) printed copies Do not password protect the electronic storage devices. Proposals shall be enclosed in sealed envelopes to the above referenced address and shall show on the face of the envelope: the closing time and date specified, the solicitation number and the name and address of the offeror. The technical proposal shall be submitted in a sealed envelope and the financial proposal shall be submitted in a sealed envelope under separate cover. Both sealed envelopes shall have identical information on the cover, with the addition that one will state “Technical Information,” and the other, “Financial Proposal.” Proposals received after the closing date and time will not be considered. In addition, proposals received via fax or e-mail are not acceptable. Please note: the University of Kentucky accepts deliveries of RFPs Monday through Friday from 8 a.m. to 5 p.m. Lexington, KY time. However, RFPs must be received by 3 p.m. Lexington, KY time on the date specified on the RFP in order to be considered. Note: In accordance with the Kentucky Revised Statute 45A.085, there will be no public opening. 3.8 Modification or Withdrawal of Offer An offer and/or modification of offer received at the office designated in the solicitation after the exact hour and date specified for receipt will not be considered. An offer may be modified or withdrawn by written notice before the exact hour and date specified for receipt of offers. An offer also may be withdrawn in person by an offeror or an authorized representative, provided the identity of the person is made known and the person signs a receipt for the offer, but only if the withdrawal is made prior to the exact hour and date set for receipt of offers. 3.9 Acceptance or Rejection and Award of Proposal The University reserves the right to accept or reject any or all proposals (or parts of proposals), to waive any informalities or technicalities, to clarify any ambiguities in proposals and (unless otherwise specified) to accept any item in the proposal. In case of error in extension or prices or other errors in calculation, the unit price shall govern. Further, the University reserves the right to make a single award, split awards, multiple awards or no award, whichever is in the best interest of the University. PROPOSAL NO. UK-2617.0-2-24 15 3.10 Rejection Grounds for the rejection of proposals include (but shall not be limited to): • Failure of a proposal to conform to the essential requirements of the RFP. • Imposition of conditions that would significantly modify the terms and conditions of the solicitation or limit the offeror’s liability to the University on the contract awarded on the basis of such solicitation. • Failure of the offeror to sign the University RFP. This includes the Authentication of Proposal and Statement of Non-Collusion and Non-Conflict of Interest statements. • Receipt of proposal after the closing date and time specified in the RFP. 3.11 Addenda Any addenda or instructions issued by the purchasing agency prior to the time for receiving proposals shall become a part of this RFP. Such addenda should be acknowledged in the proposal. No instructions or changes shall be binding unless documented by a proper and duly issued addendum. 3.12 Disclosure of Offeror’s Response The RFP specifies the format, required information and general content of proposals submitted in response to this RFP. The purchasing agency will not disclose any portions of the proposals prior to contract award to anyone outside the Purchasing Division, the University’s administrative staff, representatives of the state or federal government (if required) and the members of the committee evaluating the proposals. After a contract is awarded in whole or in part, the University shall have the right to duplicate, use or disclose all proposal data submitted by offerors in response to this RFP as a matter of public record. Any submitted proposal shall remain valid six (6) months after the proposal due date. The University shall have the right to use all system ideas, or adaptations of those ideas, contained in any proposal received in response to this RFP. Selection or rejection of the proposal will not affect this right. 3.13 Restrictions on Communications with University Staff From the issue date of this RFP until a contractor is selected and a contract award is made, offerors are not allowed to communicate about the subject of the RFP with any University administrator, faculty, staff or members of the board of trustees except: the purchasing office representative, any University purchasing official representing the University administration, others authorized in writing by the purchasing office and University representatives during offeror presentations. If violation of this provision occurs, the University reserves the right to reject the offeror’s proposal. PROPOSAL NO. UK-2617.0-2-24 16 3.14 Cost of Preparing Proposal Costs for developing the proposals and any subsequent activities prior to contract award are solely the responsibility of the offerors. The University will provide no reimbursement for such costs. 3.15 Disposition of Proposals All proposals become the property of the University. The successful proposal will be incorporated into the resulting contract by reference. 3.16 Alternate Proposals Offerors may submit alternate proposals. If more than one proposal is submitted, all must be complete (separate) and comply with the instructions set forth within this document. Each proposal will be evaluated on its own merits. 3.17 Questions All questions should be submitted by either fax or e-mail to the purchasing officer listed in Section 3.2 no later than the date listed in Section 3.1. 3.18 Section Titles in the RFP Section titles used herein are for the purpose of facilitating ease of reference only and shall not be construed to infer the construction of contractual language. 3.19 No Contingent Fees No person or selling agency shall be employed or retained or given anything of monetary value to solicit or secure this contract, except bona fide employees of the offeror or bona fide established commercial or selling agencies maintained by the offeror for the purpose of securing business. For breach or violation of this provision, the University shall have the right to reject the proposal, annul the contract without liability, or, at its discretion, deduct from the contract price or otherwise recover the full amount of such commission, percentage, brokerage or contingent fee or other benefit. 3.20 Proposal Addenda and Rules for Withdrawal Prior to the date specified for receipt of offers, a submitted proposal may be withdrawn by submitting a written request for its withdrawal to the University purchasing office, signed by the offeror. Unless requested by the University, the University will not accept revisions or alterations to proposals after the proposal due date. PROPOSAL NO. UK-2617.0-2-24 17 3.21 Requirement To Perform Vendor Onboarding and Registration As a condition of award, and for any renewals performed during the life of the contract, successful Contractor agrees to register their company with PaymentWorks, Inc., the University’s vendor onboarding application. Registration information will be provided by the Purchasing Division as part of the award process. During the vendor registration process, successful Contractor agrees to provide any applicable information pertaining to diversity demographics for their company. Further, should any company or diversity information change during the life of the contract, successful Contractor agrees to update this information in PaymentWorks as applicable. PROPOSAL NO. UK-2617.0-2-24 18 4.0 PROPOSAL FORMAT AND CONTENT 4.1 Proposal Information and Criteria The following list specifies the items to be addressed in the proposal. Offerors should read it carefully and address it completely and in the order listed to facilitate the University’s review of the proposal. Proposals shall be organized into the sections identified below. The content of each section is detailed in the following pages. It is strongly suggested that offerors use the same numbers for the following content that are used in the RFP. • Signed Authentication of Proposal and Statement of Non-Collusion and Non-Conflict of Interest Form • Transmittal Letter • Executive Summary and Proposal Overview • Criteria 1 - Offeror Qualifications • Criteria 2 - Services Defined • Criteria 3 - Financial Proposal • Criteria 4 - Evidence of Successful Performance and Implementation Schedule • Criteria 5 - Other Additional Information 4.2 Signed Authentication of Proposal and Statements of Non-Collusion and Non-Conflict of Interest Form The Offeror will sign and return the proposal cover sheet and print or type their name, firm, address, telephone number and date. The person signing the offer must initial erasures or other changes. An offer signed by an agent is to be accompanied by evidence of their authority unless such evidence has been previously furnished to the purchasing agency. The signer shall further certify that the proposal is made without collusion with any other person, persons, company or parties submitting a proposal; that it is in all respects fair and in good faith without collusion or fraud; and that the signer is authorized to bind the principal offeror. 4.3 Transmittal Letter The Transmittal Letter accompanying the RFP shall be in the form of a standard business letter and shall be signed by an individual authorized to legally bind the offeror. It shall include: • A statement referencing all addenda and written questions, the answers and any clarifications to this RFP issued by the University and received by the offeror (If no addenda have been received, a statement to that effect should be included.). • A statement that the offeror’s proposal shall remain valid for six (6) months after the closing date of the receipt of the proposals. • A statement that the offeror will accept financial responsibility for all travel expenses incurred for oral presentations (if required) and candidate interviews. PROPOSAL NO. UK-2617.0-2-24 19 • A statement that summarizes any deviations or exceptions to the RFP requirements and includes a detailed justification for the deviation or exception. • A statement that identifies the confidential information as described in Section 6.23. 4.4 Executive Summary and Proposal Overview The Executive Summary and Proposal Overview should condense and highlight the contents of the technical proposal in such a way as to provide the evaluation committee with a broad understanding of the entire proposal. As part of the Executive Summary and Proposal Overview, Offeror should submit with their response a summarized profile describing the demographic nature of their company or organization: 1. When was your organization established and/or incorporated? 2. Indicate whether your organization is classified as local, regional, national, or international. 3. Describe the size of your company in terms of number of employees, gross sales, etc. 4. Is your company certified as small business, minority-owned, women-owned, veteran-owned, disabled-owned, or similar classification? 5. Include other demographic information that you feel may be applicable to the Request for Proposal submission. 6. Offeror should describe in detail their company’s commitment to diversity, equity, and inclusion and maximizing business opportunities for Kentucky-located businesses. Business Classification Check All That Apply Kentucky-Located Minority-Owned Woman-Owned Small Business Veteran-Owned LGBTQ-Owned Disability-Owned Business Entity (DOBE) Classification Not Indicated PROPOSAL NO. UK-2617.0-2-24 20 4.5 Criteria 1 - Offeror Qualifications The purpose of the Offeror Qualifications section is to determine the ability of the offeror to respond to this RFP. Offerors should describe and offer evidence of their ability to meet each of the qualifications listed below. Our supply chains and business partnerships are an important aspect of this work. In your proposal, please (A) provide your company’s mission and vision relative to sustainability, and (B) how your company, through services, products, and partnerships, will help the University of Kentucky advance specific elements of the Sustainability Strategic Plan. 1. Professional qualifications including history and organization, how the offeror would service a project in Kentucky, knowledge of the local market, offerors financial strength, and other information relevant to this project. 2. Please provide 3 to 5 examples of projects similar in size and scope with a Preconstruction Assistance Role. Highlight work at major universities/colleges. a. Provide contract size b. Provide year of completion c. Was project completed within original stated budget and schedule? d. Provide project references from Designers and CM/GC 3. Please provide information relating to your firm’s specific regional experience working under a Preconstruction Assistance scenario. 4. Provide an organization chart and resumes for key personnel whom will be involved with the project including but not limited to executives, designers, engineers, project managers, and/or field personnel. 4.6 Criteria 2 – Services Defined 1. Provide a brief narrative explaining how your company will accomplish the services described in this RFP, including number and type of staff (engineering, project management, etc.). In the narrative, please describe each phase of the work, (design, equipment selection, installation, training and after warranty service). 2. Please provide your company’s approach to establishing and maintaining Target Budgets from current drawing sets to final Construction Drawings. 3. Please provide your company’s approach to design/constructability review and value engineering. 4. Provide specific manufacturers recommendations for the design and fabrication of a complete system that meets the intent shown on the RFP Documents. PROPOSAL NO. UK-2617.0-2-24 21 4.7 Criteria 3 – Financial Proposal The Financial Summary Form shall contain the complete financial offer made to the University using the format contained in Section 8.0. All financial information must be submitted in a sealed envelope under separate cover. 4.8 Criteria 4 – Evidence of Successful Performance and Implementation Schedule 1. Please provide your company’s approach to scheduling related to identification of long lead items, adhering to the time frame to complete Construction Drawings, and input to the Master Schedule regarding sequences and installation durations. a. Provide detailed schedule indicating major activities from procurement through project completion and in accordance with Construction Schedule Milestones in section 7.1. 4.9 Criteria 5 – Other Additional Information Please provide any additional information that the offeror feels should be considered when evaluating their proposal. The offeror may present any creative approaches that might be appropriate. The offeror may also provide supporting documentation that would be pertinent to this RFP. Offeror shall describe in detail their company’s commitment to diversity, equity and inclusion. Information shall be provided as to the number of diverse individuals that the vendor employees as well as a description of vendors efforts to do business with Diverse Business Enterprises as they conduct their own business. PROPOSAL NO. UK-2617.0-2-24 22 5.0 EVALUATION CRITERIA PROCESS A committee of University officials appointed by the Chief Procurement Officer will evaluate proposals and make a recommendation to the Chief Procurement Officer. The evaluation will be based upon the information provided in the proposal, additional information requested by the University for clarification, information obtained from references and independent sources and oral presentations (if requested). The evaluation of responsive proposals shall then be completed by an evaluation team, which will determine the ranking of proposals. Proposals will be evaluated strictly in accordance with the requirements set forth in this solicitation, including any addenda that are issued. The University will award the contract to the responsible offeror whose proposal is determined to be the most advantageous to the University, taking into consideration the evaluation factors set forth in this RFP. The evaluation of proposals will include consideration of responses to the list of criteria in Section 4.0. Offerors must specifically address all criteria in their response. Any deviations or exceptions to the specifications or requirements must be described and justified in a transmittal letter. Failure to list such exceptions or deviations in the transmittal letter may be considered sufficient reason to reject the proposal. The relative importance of the criteria is defined below: Primary Criteria • Offeror Qualifications • Services Defined • Financial Proposal • Evidence of Successful Performance and Implementation Secondary Criteria • Other Additional Services The University will evaluate proposals as submitted and may not notify offerors of deficiencies in their responses. Proposals must contain responses to each of the criteria, listed in Section 4 even if the offeror’s response cannot satisfy those criteria. A proposal may be rejected if it is conditional or incomplete in the judgment of the University. PROPOSAL NO. UK-2617.0-2-24 23 6.0 SPECIAL CONDITIONS 6.1 Contract Term The contract resulting from this RFP shall be awarded by Turner Construction. 6.2 Effective Date The effective date of the contract shall be the date upon which the parties execute it and all appropriate approvals, including that of the Commonwealth of Kentucky Government Contracts Review Committee, have been received. 6.3 Competitive Negotiation It is the intent of the RFP to enter into competitive negotiation as authorized by KRS 45A.085. The University will review all proposals properly submitted. However, the University reserves the right to request necessary modifications, reject all proposals, reject any proposal that does not meet mandatory requirement(s) or cancel this RFP, according to the best interests of the University. Offeror(s) selected to participate in negotiations may be given an opportunity to submit a Best and Final Offer to the purchasing agency. All information-received prior to the cut-off time will be considered part of the offeror’s Best and Final Offer. The University also reserves the right to waive minor technicalities or irregularities in proposals providing such action is in the best interest of the University. Such waiver shall in no way modify the RFP requirements or excuse the offeror from full compliance with the RFP specifications and other contract requirements if the offeror is awarded the contract. 6.4 Appearance Before Committee Any, all or no offerors may be requested to appear before the evaluation committee to explain their proposal and/or to respond to questions from the committee concerning the proposal. Offerors are prohibited from electronically recording these meetings. The committee reserves the right to request additional information. 6.5 Additions, Deletions or Contract Changes The University reserves the right to add, delete, or change related items or services to the contract established from this RFP. No modification or change of any provision in the resulting contract shall be made unless such modification is mutually agreed to in writing by the contractor and the Chief Procurement Officer and incorporated as a written modification to the contract. Memoranda of understanding and correspondence shall not be interpreted as a modification to the contract. 6.6 Contractor Cooperation in Related Efforts PROPOSAL NO. UK-2617.0-2-24 24 The University reserves the right to undertake or award other contracts for additional or related work to other entities. The contractor shall fully cooperate with such other contractors and University employees and carefully fit its work to such additional work. The contractor shall not commit or permit any act which will interfere with the performance of work by any other contractor or by University employees. This clause shall be included in the contracts of all contractors with whom this contractor will be required to cooperate. The University shall equitably enforce this clause to all contractors to prevent the imposition of unreasonable burdens on any contractor. 6.7 Entire Agreement The RFP shall be incorporated into any resulting contract. The resulting contract, including the RFP and those portions of the offeror’s response accepted by the University, shall be the entire agreement between the parties. 6.8 Governing Law The contractor shall conform to and observe all laws, ordinances, rules and regulations of the United States of America, Commonwealth of Kentucky and all other local governments, public authorities, boards or offices relating to the property or the improvements upon same (or the use thereof) and will not permit the same to be used for any illegal or immoral purposes, business or occupation. The resulting contract shall be governed by Kentucky law and any claim relating to this contract shall only be brought in the Franklin Circuit Court in accordance with KRS 45A.245. 6.9 Kentucky’s Personal Information Security and Breach Investigation Procedures and Practices Act To the extent Company receives Personal Information as defined by and in accordance with Kentucky’s Personal Information Security and Breach Investigation Procedures and Practices Act, KRS 61.931, 61.932 and 61.933 (the “Act”), Company shall secure and protect the Personal Information by, without limitation: (i) complying with all requirements applicable to non-affiliated third parties set forth in the Act; (ii) utilizing security and breach investigation procedures that are appropriate to the nature of the Personal Information disclosed, at least as stringent as University’s and reasonably designed to protect the Personal Information from unauthorized access, use, modification, disclosure, manipulation, or destruction; (iii) notifying University of a security breach relating to Personal Information in the possession of Company or its agents or subcontractors within seventy-two (72) hours of discovery of an actual or suspected breach unless the exception set forth in KRS 61.932(2)(b)2 applies and Company abides by the requirements set forth in that exception; (iv) cooperating with University in complying with the response, mitigation, correction, investigation, and notification requirements of the Act , (v) paying all costs of notification, investigation and mitigation in the event of a security breach of Personal Information suffered by Company; and (vi) at University’s discretion and direction, handling all administrative functions associated with notification, investigation and mitigation. 6.10 Termination for Convenience PROPOSAL NO. UK-2617.0-2-24 25 The University of Kentucky, Purchasing Division, reserves the right to terminate the resulting contract without cause with a thirty (30) day written notice. Upon receipt by the contractor of a “notice of termination,” the contractor shall discontinue all services with respect to the applicable contract. The cost of any agreed upon services provided by the contractor will be calculated at the agreed upon rate prior to a “notice of termination” and a fixed fee contract will be pro-rated (as appropriate). 6.11 Termination for Non-Performance Default The University may terminate the resulting contract for non-performance, as determined by the University, for such causes as: • Failing to provide satisfactory quality of service, including, failure to maintain adequate personnel, whether arising from labor disputes, or otherwise any substantial change in ownership or proprietorship of the Contractor, which in the opinion of the University is not in its best interest, or failure to comply with the terms of this contract; • Failing to keep or perform, within the time period set forth herein, or violation of, any of the covenants, conditions, provisions or agreements herein contained; • Adjudicating as a voluntarily bankrupt, making a transfer in fraud of its creditors, filing a petition under any section from time to time, or under any similar law or statute of the United States or any state thereof, or if an order for relief shall be entered against the Contractor in any proceeding filed by or against contractor thereunder. In the event of any such involuntary bankruptcy proceeding being instituted against the Contractor, the fact of such an involuntary petition being filed shall not be considered an event of default until sixty (60) days after filing of said petition in order that Contractor might during that sixty (60) day period have the opportunity to seek dismissal of the involuntary petition or otherwise cure said potential default; or • Making a general assignment for the benefit of its creditors, or taking the benefit of any insolvency act, or if a permanent receiver or trustee in bankruptcy shall be appointed for the Contractor. Demand for Assurances The University may make demands for reasonable assurances that Contractor will be able to timely perform all obligations under the Contract. If Contractor is unable to provide such adequate assurances, then such failure shall be an event of default and grounds for termination of the Contract. Notification The University will provide ten (10) calendar days’ written notice of default. Unless arrangements are made to correct the non-performance issues to the University’s satisfaction within ten (10) calendar days, the University may terminate the contract by giving forty-five (45) days’ written notice of its intent to cancel this contract. PROPOSAL NO. UK-2617.0-2-24 26 6.12 Funding Out The University may terminate this contract if funds are not appropriated or are not otherwise available for the purpose of making payments without incurring any obligation for payment after the date of termination, regardless of the terms of the contract. The University shall provide the contractor thirty (30) calendar days’ written notice of termination under this provision. 6.13 Prime Contractor Responsibility Any contracts that may result from the RFP shall specify that the contractor(s) is/are solely responsible for fulfillment of the contract with the University. 6.14 Assignment and Subcontracting The Contractor(s) may not assign or delegate its rights and obligations under any contract in whole or in part without the prior written consent of the University. Any attempted assignment or subcontracting shall be void. 6.15 Permits, Licenses, Taxes The contractor shall procure all necessary 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 contractor must furnish certification of authority to conduct business in the Commonwealth of Kentucky as a condition of contract award. Such registration is obtained from the Secretary of State, who will also provide the certification thereof. However, the contractor need not be registered as a prerequisite for responding to the RFP. The contractor shall pay any sales, use, personal property and other tax 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 the responsibility of the contractor. The contractor will be required to accept liability for payment of all payroll taxes or deductions required by local and federal law including (but not limited to) old age pension, social security or annuities. 6.16 Attorneys’ Fees In the event that either party deems it necessary to take legal action to enforce any provision of the contract and in the event that the University prevails, the contractor agrees to pay all expenses of such action including attorneys' fees and costs at all stages of litigation. 6.17 Royalties, Patents, Copyrights and Trademarks PROPOSAL NO. UK-2617.0-2-24 27 The Contractor shall pay all applicable royalties and license fees. If a particular process, products or device is specified in the contract documents and it is known to be subject to patent rights or copyrights, the existence of such rights shall be disclosed in the contract documents and the Contractor is responsible for payment of all associated royalties. To the fullest extent permitted by law the Contractor shall indemnify, hold the University harmless, and defend all suits, claims, losses, damages or liability resulting from any infringement of patent, copyright, and trademark rights resulting from the incorporation in the Work or device specified in the Contract Documents. Unless provided otherwise in the contract, the Contractor shall not use the University’s name nor any of its trademarks or copyrights, although it may state that it has a Contract with the University. 6.18 Indemnification The contractor shall indemnify, hold and save harmless the University, its affiliates and subsidiaries and their officers, agents and employees from losses, claims, suits, actions, expenses, damages, costs (including court costs and attorneys’ fees of the University’s attorneys), all liability of any nature or kind arising out of or relating to the Contractor’s response to this RFP or its performance or failure to perform under the contract awarded from this RFP. This clause shall survive termination for as long as necessary to protect the University. 6.19 Insurance See: Special Conditions, E&O Insurance Provisions 6.20 Method of Award It is the intent of the University to award a contract to the qualified offeror whose offer, conforming to the conditions and requirements of the RFP, is determined to be the most advantageous to the University, cost and other factors considered. Notwithstanding the above, this RFP does not commit the University to award a contract from this solicitation. The University reserves the right to reject any or all offers and to waive formalities and minor irregularities in the proposal received. 6.21 Reciprocal Preference In accordance with KRS 45A.494, a resident offeror of the Commonwealth of Kentucky shall be given a preference against a nonresident offeror. In evaluating proposals, the University will apply a reciprocal preference against an offeror submitting a proposal from a state that grants residency preference equal to the preference given by the state of the nonresident offeror. Residency and non-residency shall be defined in accordance with KRS 45A.494(2) and 45A.494(3), respectively. Any offeror claiming Kentucky residency status shall submit with its proposal a notarized affidavit affirming that it meets the criteria as set forth in the above reference statute. PROPOSAL NO. UK-2617.0-2-24 28 6.22 Reports and Auditing All records relating directly or indirectly to the Project which are in the possession or control of Contractor shall be made available to Owner, its designee, and any governmental authority for audit, inspection, and copying upon the request of the Owner or the Owner’s Representative(s). Such records include, without limitation: all drawings, specifications, Submittals, subcontractor bids, subcontracts, the Daily Log, correspondence, the Request Log, the Submittal Log, minutes, memoranda, tape or videotape recordings, or other writings or things which document the Project, its design, and its construction. 6.23 Confidentiality The University recognizes an offeror’s possible interest in preserving selected information and data included in the proposal; however, the University must treat such information and data as required by the Kentucky Open Records Act, KRS 61.870, et seq. Information areas which normally might be considered proprietary, and therefore confidential, shall be limited to individual personnel data, customer references, formulae and company financial audits which, if disclosed, would permit an unfair advantage to competitors. If a proposal contains information in these areas and the offeror declares them to be proprietary in nature and not available for public disclosure, the offeror shall declare in the Transmittal Letter the inclusion of proprietary information and shall noticeably label as confidential or proprietary each sheet containing such information. Proposals containing information declared by the offeror to be proprietary or confidential, either wholly or in part, outside the areas listed above may be deemed non-responsive and may be rejected. The University’s General Counsel shall review each offeror’s information claimed to be confidential and, in consultation with the offeror (if needed), make a final determination as to whether or not the confidential or proprietary nature of the information or data complies with the Kentucky Open Records Act. PROPOSAL NO. UK-2617.0-2-24 29 6.24 Conflict of Interest This Request for Proposal and resulting Contract are subject to provisions of the Kentucky Revised Statutes regarding conflict of interest and the University of Kentucky’s Ethical Principles and Code of Conduct (www.uky.edu/Legal/ethicscode.htm). When submitting and signing a proposal, an offeror is certifying that no actual, apparent or potential conflict of interest exists between the interests of the University and the interests of the offeror. A conflict of interest (whether contractual, financial, organizational or otherwise) exists when any individual, contractor or subcontractor has a direct or indirect interest because of a financial or pecuniary interest, gift or other activities or relationships with other persons (including business, familial or household relationships) and is thus unable to render or is impeded from rendering impartial assistance or advice, has impaired objectivity in performing the proposed work or has an unfair competitive advantage. Questions concerning this section or interpretation of this section should be directed to the University purchasing officer identified in this RFP. 6.25 Personal Service Contract Policies Not applicable 6.26 Copyright Ownership and Title to Designs and Copy The contractor and University intend this RFP to result in a contract for services, and both consider the products and results of the services to be rendered by the contractor hereunder to be a work made for hire. The contractor acknowledges and agrees that the work and all rights therein, including (without limitation) copyright, belongs to and shall be the sole and exclusive property of the University. For any work that is not considered a work made for hire under applicable law, title and copyright ownership shall be assigned to the University. Title to all dies, type, cuts, artwork, negatives, positives, color separations, progressive proofs, plates, copy and any other requirement not stated herein required for completion of the finished product for use in connection with any University job shall be the property of and owned by the University. Such items shall be returned to the appropriate department upon completion and/or delivery of work unless otherwise authorized by the University. In the event that time of return is not specified, the contractor shall return all such items to the appropriate University department within one week of delivery. 6.27 University Brand Standards The contractor must adhere to all University of Kentucky Brand Standards. University Brand Standards are maintained by the University Public Relations Office (UKPR) and can be viewed at http://www.uky.edu/prmarketing/brand-standards. Non-adherence to the standards can have a penalty up to and including contract cancellation. Only the UKPR Director or designee can approve exceptions to the University standards. Graphics standards for the UK HealthCare areas are governed by UK HealthCare Clinical Enterprise Graphic Standards, found at: https://ukhealthcare.uky.edu/staff/brand-strategy. http://www.uky.edu/Legal/ethicscode.htm http://www.uky.edu/prmarketing/brand-standards https://ukhealthcare.uky.edu/staff/brand-strategy PROPOSAL NO. UK-2617.0-2-24 30 Contractor warrants that its products or services provided hereunder will be in compliance with all applicable Federal disabilities laws and regulations, including without limitation the accessibility requirements of Section 255 of the Federal Telecommunications Act of 1996 (47 U.S.C. § 255) and Section 508 of the Rehabilitation Act of 1973, as amended (29 U.S.C. 794d), and its implementing regulations set forth at Title 36, Code of Federal Regulations, Part 1194. For purposes of clarity, updated regulations under Section 508 standards now incorporate WCAG 2.0, and for purposes of this agreement WCAG 2.0 Level AA compliance is expressly included. Contractor agrees to promptly respond to, resolve and remediate any complaint regarding accessibility of products or services in a timely manner and provide an updated version to University at no cost. If deficiencies are identified, University reserves the right to request from Contractor, a timeline by which accessibility standards will be incorporated into the products or services provided by Contractor and shall provide such a timeline within a commercially reasonable duration of time. Failure to comply with these requirements shall constitute a material breach of this Agreement and shall be grounds for termination of this Agreement. Where any customized web services are provided, Contractor represents that it has reviewed the University’s Web Policy and all products or services will comply with its published standards. Contractor will provide University with a current Voluntary Product Accessibility Template (VPAT) for any deliverable(s). If none is available, Vendor will provide sufficient information to reasonably assure the University that the products or services are fully compliant with current requirements. 6.28 Printing Statutes Not applicable 6.29 Requirement for Contract Administration Fee Not applicable 6.30 Payment Terms The selected vendor will enter a subcontract with Turner Construction Company. Payment terms are addressed therein. 7.0 SCOPE OF SERVICES The terms “Sub-contractor”, “Trade contractor” & “Contractor” will be used interchangeably throughout the contract documents. A Sub-contractor, Trade contractor or contractor has a contract with Turner Construction Company, the Construction Manager. This Trade Contractor is responsible for all contract documents (specifications, drawings and scope of work). In the event of a conflict, this scope of work takes precedence. The scope of work in this Trade Contract includes all labor, material, equipment, services, and supervision necessary to complete all work specified herein, in accordance with the Contract Documents. All work will be completed in accordance with local codes and ordinances. This work shall include but not be limited to the following (see section 7.1 for details): PROPOSAL NO. UK-2617.0-2-24 31 7.1 Detailed Services Defined The following information is intended to clarify and or further define the scope of work included in the bid documents. This shall not be construed as the entire scope of work for this work category. All work described or indicated in the respective specification sections or divisions listed shall be included, except as specifically excluded herein. 1. All work of this Trade Contractor shall be properly coordinated with the Lexington Fayette Urban County Government (LFUCG), University of Kentucky, and any other authorities having jurisdiction inclusive of premium time for night work required by said authorities. 2. This Trade Contractor is responsible for all work required to provide turnkey, complete, and operational systems in accordance with the Contract Documents. The term “provide” is interchangeable with “furnish and install” unless otherwise clarified in this document or attachments. 3. The General Building Permit will be provided by others. Obtain all required permits to complete this scope. Furnish copies of all permits to the Construction Manager. 4. All guardrail, perimeter rail, tie-off connections, or any other material/equipment necessary to perform this contract safely is included in this contract. 5. All unloading, distribution, staging, hoisting, rigging, scaffolding, platforms, ladders, planking, guying, sheeting, shoring, dewatering, bracing, transportation, access for material, equipment and personnel required to perform this work is included in this contract. 6. All engineering and layout to complete this scope of work is included in this contract including protection of reference points and replacement of such points that are lost or damaged during the execution of this work. The Trade Contractor is responsible for all lines, elevations, and measurements executed under this contract. The Trade Contractor shall layout and establish all lines and elevations required for this work. The Trade Contractor shall verify figures and dimensions shown on the drawings or indicated in the approved shop drawings before laying out the work. Verify conditions and dimensions of previously installed work. Report any perceived inconsistency or error in drawings, layout, or previously installed work to the Construction Manager prior to proceeding with the work. 7. This Trade Contractor is required to sign Turner form 36 subcontract agreement included in the scope of work manual, which takes precedence over the General & Special Conditions 8. Attachment “G” is a conceptual level construction/design schedule. This is preliminary and is intended to be used as information only to understand sequencing/logistics of the project. The schedule is a dynamic tool and is routinely being developed as information is gained from design requirements. a. Project will utilize Lean Scheduling methods through the use of pull planning schedule meetings. Subcontractor’s Project Manager and Superintendent will be required to attend pull plan schedule sessions in-person as required. 9. Include attending the following mandatory meetings through the duration of this scope of work: a. Once a week Coordination Meeting (approx. 1hr) for two weeks prior to mobilizing and for duration of this scope’s work. b. Daily Trade huddles (approx. 15-20 mins). Lead superintendent/foreman is required to attend. PROPOSAL NO. UK-2617.0-2-24 32 c. Preparatory Meetings prior to first installation of a feature of work as identified in this scope of work (approx. 1-3hrs). Project manager, safety manager and site superintendent/foreman and specialty subcontractor representatives are required to attend. d. Daily stretch and flex and PTP reviews each morning prior to work on-site. 10. This Subcontractor shall include work on overtime, at no additional cost as required, to maintain the construction schedule. Lost time due to inclement weather must be made up either by working extended hours during the workweek, or by working weekends as required to maintain the construction schedule. Include the cost for overtime and shift work as may be required to ensure that all milestone dates are met. 11. Onsite storage is limited. Include off-site storage as necessary to ensure “Just-in-Time” deliveries of greenhouse assemblies. There is to be no obstructions or material storage that will prevent flow of traffic around the building and to the construction hoist. 12. This contractor is to provide their own hoisting, rigging and lifting as necessary. This includes any necessary coordination, supervision, special rigging, and other operating personnel and equipment for installation. Coordinate logistics and setup for any and all required equipment with CM. Provide CM with minimum 2 weeks notice prior to mobilization of equipment for confirmation of site logistics. 13. NOTE: Project will have exterior vertical transportation (construction hoist) for use for materials and personnel as concrete floors are poured. Assume car capacity is 6000 lbs. Approx. Dimensions of cars will be 12’4”L x 4’8”W x 7’2”H. a. All material deliveries will need to be scheduled. b. Hoist operations for material deliveries will be coordinated with other activities on-site such as personnel transportation and debris removal from the building. c. Assume deliveries/transport on hoist will only be able to occur between 7:30 am to 4:30 pm 14. Contract Price is LUMP SUM. There shall be NO additional labor and material escalations allowed. 15. Examination of Site – Subcontractor warrants that they have sufficiently reviewed the project site to inform themselves of all items about existing site that are relevant to their work, and the cost of their work. 16. Include protection of all adjacent structures during performance of this work. Plan for protection of adjacent structures must be part of the overall plan submitted for approval prior to start of work. 17. SITE LOGISTICS: Refer to the Site Logistics plans included in the Contract Documents (Attachment M). Delivery trucks are to be scheduled with Turner at least one (1) week in advance. 18. Subcontractor change order requests shall be provided with sufficient detail (as acceptable to Turner) to allow for satisfactory review. Subcontractor shall be allowed a maximum mark up for overhead and profit per the markup provisions included in the Subcontract Agreement, or as clarified in Contract Documents above. 19. Subcontractor understands that time is of the essence in the prosecution of Work under this agreement. PROPOSAL NO. UK-2617.0-2-24 33 20. All Subcontractors must be licensed as required by local, State, or Federal jurisdiction required for work of this trade in this project location. 21. Multiple mobilizations may be required for this scope of work. a. Base bid for greenhouses on the roof may not occur concurrently with greenhouses at grade or alternate work. 22. This contractor shall include necessary supervision normal and customary to the scope of work of this size, difficulty, and scale. 23. This Subcontractor will comply with Turner’s corporate safety policy contained in Attachment “C” of this RFP. a. Note the requirements for a full time Safety Manager 24. Provide Greenhouses COMPLETE in accordance with the documents. a. The intent of this scope is to provide information to the Greenhouse Contractor for a 100% guaranteed maximum price. The Greenhouse Contractor must provide all necessary costs for completion of the project documents to 100% Construction Document level. This contractor will also assist the Architect with the finalization for the project design, per Attachment “G” Bid Schedule. The Greenhouse Contractor will participate in biweekly design discussions with the Architect & Structural Engineer and provide preliminary shop drawings. It is the responsibility of the Greenhouse Contractor to design and fabricate a complete system that works with the building systems. Change orders will only be permitted for additional scope added by the Owner or Architect over and beyond the provided parameters. b. Provide all MEP Trade Contractors with all wiring and piping diagrams and/or any other special information which may be required for the proper coordination and/or final hookup of equipment. c. This contractor to coordinate structural loading parameters with design team for consideration of any suspended MEP equipment and lighting that will require support from greenhouse structures. d. Provide delegated design for greenhouse. Include all necessary drawings and calculations, stamped and approved by Professional Engineer. i. Take special consideration of elevated location of greenhouse and structural substrates. ii. Provide fully bolted/mechanically fastened design. Confirm no welding is required for construction. e. Final shop drawings will be required for approval by the project design team prior to final material ordering. It is the intent that shop drawings will be produced as the design progresses and final shop drawings will be complete on or before the construction documents. Reference Attachment G Bid Schedule Activity ID PRE120. 25. This contractor to provide and deliver all necessary embeds, anchor bolts, etc. with dimensions and locations as applicable to this scope of work that occur in cast in place concrete. 26. Coordinate all with roofing and façade contractors to maintain watertight conditions at all adjoining materials. PROPOSAL NO. UK-2617.0-2-24 34 a. Include any flashing, sealants, terminations as required at all bearing locations including rooftop, kneewall, etc. b. This contractor to assume all greenhouses will bear on concrete knee walls, 2’ to 3’ in height. c. Assume all installation is to occur after roofing is complete. i. Include roof protection (2” rigid insulation with 3⁄4” rubber mat) for any lay-down areas required on installed roofing during greenhouse installation. Roof protection walkways to be provided by others. Remove roof protection upon completion of work. 27. Provide and install all plant growth lighting and associated rack systems, unit heaters, boiler package, high pressure fog system, plant growing benches, planter tables & misting and/or irrigation systems. 28. Provide and install all decorative trim, ridge cresting, painted or anodized finishes as selected by owner and design team. 29. Provide and install motorized energy shading & blackout control systems. 30. Include all taxes. 31. This contractor to coordinate power requirements with CM. This contractor shall provide their own power for equipment, tools, etc... as necessary for installation of their equipment. 32. Provide all winter weather protection required to perform this scope of work, including but not limited to temporary heat. 33. Provide all fire safing and firestopping of any penetrations made by this contractor. 34. This contractor shall include and participate in commissioning as required for all systems provided. 35. Include training and maintenance as required for complete system turnover. A. Work Excluded This Scope of Work shall exclude the following: 1. Structural kneewalls 2. Specialty flooring 7.2 Optional Services None 8.0 FINANCIAL OFFER SUMMARY Offerors are to provide a fixed price for the services offered. 8.1 Mandatory Services (Section 7.1) Please complete and attach Section 7.1 to provide support for your firm fixed price offer. PROPOSAL NO. UK-2617.0-2-24 35 The Offeror agrees to furnish all labor, materials, supplies and services required to complete the Work, for the above referenced Project, for the Capital Construction Procurement Section, University of Kentucky, as described in the Specifications and Contract Documents and shown on the Drawings enumerated below and as modified by the Addenda listed above. BASE OFFER FOR THE LUMP SUM OF _______ (USE WORDS) DOLLARS AND _______ ______CENTS. (USE WORDS) (USE WORDS) ($ ______ ) 8.2 Optional Services (Section 7.2) None 8.3 Alternate Pricing Alternate #1 – South Wing Greenhouses (See Attachment “O”) Bond Cost Cost of Performance and Payment Bond (Base Offer + Alternates) $________________________ DO NOT INCLUDE THIS COST IN YOUR BASE OFFER OR ALTERNATES PROPOSAL NO. UK-2617.0-2-24 36 8.5 Cost Breakdown Fill in the following breakdown of costs included in your base offer. Each item is to include labor, material & equipment. These will neither be considered unit prices nor will the numbers listed here limit obligations required in the solicitation documents. It will be used only to aid in verifying completeness of the offers. DESCRIPTION OF WORK COST INCLUDED IN OFFER Engineering, design coordination, permits & fees $__________________________ Design Assist $__________________________ Shop drawings & submittals $__________________________ Rooftop Greenhouses, complete $__________________________ Greenhouse Speciality Equipment $__________________________ Teaching Greenhouse $__________________________ Remaining work not listed above, $___________________________ Overhead & Profit $________________________ • TOTAL BASELINE AMOUNT (SHOULD MATCH PROPOSAL) $________________________ Additional Financial Commitment In addition to the financial offers, please propose a financial commitment to assist the University. Options may include a signing bonus, scholarships, internships, commitment to hire University Graduates or a (%) percentage rebate. 8.6 Unit Prices NOTE: Unit Prices shall include the furnishing of all labor, materials, supplies and services and shall include all items of cost, overhead and profit for the Contractor and any subcontractor involved, and shall be used uniformly without modifications for either additions or deductions. The Unit Prices as established shall be used to determine the equitable adjustment of the Contract Price in connection with changes, deletions or extra work performed under the Contract and the "Rules of Measurement" set forth in the General Conditions shall govern. All Offerors will be required to complete and submit the following information with the proposal. The information requested in this submittal is required to assist the University in determining contractor responsibility to complete the project being bid. DESCRIPTION OF WORK UNIT PRICE Rooftop Greenhouse $________/s.f. Teaching Greenhouse $________/s.f. PROPOSAL NO. UK-2617.0-2-24 37 8.7 Allowances 8.8 Schedule of Values Within seven (7) days after the contract signing, the SUCCESSFUL OFFEROR is to provide a breakdown for Monthly progress billing purposes in a format furnished by the Construction Manager. Each item is to be separated into Labor and Material, except Allowances. Minimum line items will be included for CCIP, Mobilization, Engineering/ Submittals, Safety, Clean Up, Close-Out, Punchlist, Record Drawings, Warranty, etc. The Successful Contractor is to list MBE/WBE Subcontracts and Purchase Orders separately in the Schedule of Values. The Successful Contractor is to list MBE/WBE Subcontracts and Purchase Orders separately in the Schedule of Values. 8.9 Supplemental Information 1. Company Financial Statement * Pursuant to KRS 45A.110, if the offeror wishes nondisclosure of certain information he/she shall enclosed the confidential information in a separate envelope marked CONFIDENTIAL and forward it with the information and other submittals required by this document. 9.0 DRAWINGS AND SPECIFICATIONS The following is a listing of contract documents: 1. Attachment “O” – Greenhouse Narrative The Offeror, in compliance with your Request for Proposal for the above referenced Project, having carefully examined the site of the Work, the Drawings and complete Contract Documents as defined in Article I of the General Conditions, as well as the Specifications affecting the work as prepared by the Consultant, hereby proposes to furnish all labor, materials, supplies and services required to construct the Project in accordance with the Contract Documents, within the time set forth therein, and at the price stated below without qualification. Offeror understands that successful offeror will enter into a contract with Turner Construction Company utilizing Turner’s Subcontract Agreement Form 36 without modification. The Offeror hereby acknowledges receipt of the following Addenda: ADDENDUM NO. DATED ADDENDUM NO. DATED ADDENDUM NO. DATED (Here insert the number and date of any Addenda issued and received. If none has been issued and received, the word NONE should be inserted.) TURNER CONSTRUCTION COMPANY Construct AG Research Building Attachment “A” UK PROJECT 2617.0 ADDITIONAL PROVISIONS 3A-1 9/2020 A. GENERAL Attachment A – Additional Provisions and Attachment B – (Technical) Scope of Work go together to define the requirements of this Subcontract. Attachment A is a more of a general Summary of the Contract Documents, Price, etc., while Attachment B is the Trade Specific (technical) Scope of Work. The Additional Provisions and Scope of Work is intended to be general in nature. The intention is to have this Subcontractor perform all related work shown on the Contract Documents other than those items specifically indicated below to be excluded. The Additional Provisions and Scope of Work takes precedence over the Drawings & Specifications in the event of a conflict in trade assignment or responsibility. By accepting this contract, the Subcontractor is verifying that the plans and specifications clearly identify the Subcontractor’s work. The terms “Sub-contractor”, “Trade contractor” & “Contractor” will be used interchangeably throughout the contract documents. A Sub-contractor, Trade contractor or contractor has a contract with Turner Construction Company, the Construction Manager. This Trade Contractor is responsible for all contract documents (specifications, drawings and scope of work). B. CONTRACT DOCUMENTS • Contract Drawings – University of Kentucky AG Research Building #2617.0 as prepared by BHDP Architects • Project Manual, prepared by Turner Construction & BHDP Architects. – University of Kentucky AG Research Building • Addendum #__ dated _____ prepared by Turner • Addendum #__ dated _____ prepared by Turner • Addendum #__ dated _____ prepared by Turner • Addendum #__ dated _____ prepared by Turner C. ADDITIONAL CONTRACT DOCUMENTS  Attachment “B” – Trade Contractor ___ Scope of Work  Project General Requirements  Project General Conditions  Project Special Conditions  Turner Subcontract Form 36  Attachment “C” Project Safety Program  Attachment “E” Accounting Procedures  Attachment “F” Percentage Markup Sheet  Attachment “G” Project Schedule  Attachment “I” Lean Subcontract Exhibit  Attachment “J” Electronic Agreement  Attachment “K” CCIP Manual dated to be issued by Addendum  Attachment “L” UK Tree Protection Standard  Attachment “M” Site Logistics Plan  Attachment “N” Turner Subcontractor Onboarding  Sketches SK-002 through SK-009 (ADD #1)  Note: The General Building Permit will be provided by the others (architect). Obtain all other required permits; submit copies to the Construction Manager.  Note: This Trade Contractor is required to sign Turner form 36 subcontract agreement included in the scope of work manual, which takes precedence over the General & Special Conditions  All “Additional Contract Documents” have either been provided to Subcontractor, or are attached to this contract. Signature of Contract by Subcontractor indicates receipt and acceptance of these documents as part of the Contract.  All contractors shall refer to Attachment N for the Subcontractor Onboarding Instructions. Contractors are encouraged to complete this process prior to bid opening, as it will expedite contracting with Turner. (ADD #1) TURNER CONSTRUCTION COMPANY Construct AG Research Building Attachment “A” UK PROJECT 2617.0 ADDITIONAL PROVISIONS 3A-2 9/2020 D. CONSTRUCTION SCHEDULE • Refer to Project Milestone schedule (ATTACHMENT “G”) included in project manual. • Shift work, multiple mobilizations, and out of sequence work will be required. It is imperative that all milestones be met. The Bidders shall include all necessary costs, including, but not limited to, premium time, shift work, out of sequence work, etc. to meet these milestones. • Due to the critical nature of the schedule, the Trade Contactor must supply the Construction Manager a detailed plan for his production on the project within 20 calendar days of Contract Award. Please note that this plan must be compatible and complimentary to the Project Schedule. Plan shall include the following items: A. Starting, peak, and final manpower requirements, including subcontractors. Include production rates if requested B. Shift work plan. C. Number of Foremen D. Anticipated lead times and permit approval. E. The Trade Contractor shall work with the Construction Manager and Contractors in “Pull Planning” and the 6-week look-ahead schedule, including manpower information, on a weekly basis. Compliance is a prerequisite for payment. E. WORK INCLUDED Refer to Attachment “B” – Scope of Work F. SPECIAL REQUIREMENTS  Sales/Use Tax Status: Refer to “Instruction to Bidders” of Bid Manual for details. This project is taxable, all applicable taxes in your bid.  Prevailing Wage: N/A, not required.  Insurance Program: This Project shall utilize a Contractor Controlled Insurance Program (“CCIP”). Refer to attachment D of Bid Manual for details, instructions, etc.  Retainage: If job is Kentucky (any job) – Retainage Conditions shall be in accordance with the “Fairness in Construction Act” of 2007. Namely, Retainage for all Subcontractors shall be 10% until both the Project and the Subcontractor achieves 50% completion. At that point, retainage for all Subcontractors shall be reduced to 5% of Total Contract Value.  E&O Insurance: N/A  Builders Risk: (policy by Turner). Refer to Project General Requirements document for deta