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970889318 331181006 SAHUwO 6OEZwBxhSECTION 00010 ADVERTISEMENT FOR BIDS CONTRACT 680-19-01 GEORGETOWN STREETSCAPE PROJECT CITY OF GEORGETOWN GEORGETOWN, KENTUCKY Proposals for the following work will be submitted via Public Purchase ( http://www.publicpurchase.com/ ) until 3:00 p.m. local time, Tuesday, May 18, 2021, for furnishing labor and materials and performing all work as set forth by the Advertisement, General Conditions, Specifications, and/or Drawings prepared by Bell Engineering. Immediately following the scheduled closing time for the reception of bids, all proposals which have been submitted in accordance with the above conditions will be publicly opened and read aloud. Public Purchase registration instructions can be found on the City of Georgetown website at www.georgetownky.gov. All inquiries regarding these bids shall be submitted through the Public Purchase portal, and all bid responses shall be submitted via Public Purchase. Due to COVID-19 restrictions, bid openings will be held at the aforementioned date and time via Zoom meeting. Zoom instructions for the bid opening will be made available on Public Purchase prior to the meeting. Interested parties can contact the city clerk at [email protected] or 1-502-863-9800 to receive an emailed invitation to join the virtual bid opening. Interested parties may obtain a project map, layout plan, and specifications via Public Purchase. Full sets of plans may be purchased at Lynn Imaging in person at 328 Old Vine Street, Lexington, Kentucky 40507, or downloaded at their online planroom at http://www.lynnimaging.com. The work to be bid is described as follows: Refurbishment of existing and installation of new dry stack stone wall, installation of sidewalk, curb and gutter, lighting, and other streetscape elements spanning 375 feet over a dry stack stone viaduct bridge along U.S. 460 and 200 feet along Water Street in downtown Georgetown, Kentucky. NOTE TO BIDDERS: Bid submission does not constitute an agreement or a contract with the City of Georgetown. ALTERNATE BIDS: It is not the intention of the specifications contained herewith to eliminate any bidder; however, quoted items must equal or exceed stated specifications. INDICATION OF COMPLIANCE: On the bid documents found on the public purchase website, the bidder shall indicate compliance with either a “Yes” or a “No” for each item specification. Blank spaces shall be considered non-compliance. Any deviation from the specification or where submitted literature does not fully support meeting the specification(s) must be clearly cited on the attached page labeled “EXCEPTIONS TO SPECIFICATIONS AND/OR COMMENTS.” No deviation below “minimum” specifications will be accepted. Additional Information: While not necessary, the proposer may include any product brochures, software documentation, sample reports, or other documentation that may assist the City of Georgetown in better understanding and evaluating the proposer’s response. Additional documentation shall not serve as a substitute for other documentation which is required by the Invitation to Bid (ITB) to be submitted with the proposal. At the time of submission, each bidder will be presumed to have inspected the site(s), if necessary, and to have read the scope and to be thoroughly familiar with the project plans and contract documents (including any and all addenda). The failure or omission of any bidder to examine any form, instrument, or document shall in no way relieve any bidder from any obligation with respect to this bid. All bids and any additional submitted information becomes the property of the City of Georgetown and will not be returned to the bidder. Typed quotation sheets are preferred; however, if hand written, the sheets must be legible and uploaded through the Public Purchase portal. Any pricing information that is illegible may result in the rejection of the bid. ANY BIDS NOT RECEIVED PRIOR TO THE SCHEDULED OPENING DATE AND TIME MAY BE REJECTED. FAILURE TO SUBMIT REQUIRED DOCUMENTATION: Failure to submit ALL forms and information required in this ITB may be grounds for disqualification. LIABILITY: City of Georgetown is not liable for any expenses incurred in connection with the preparation of bids. METHOD OF PROCUREMENT: Shall be in conformance with Purchasing Policies as adopted by the City Council for the City of Georgetown, Kentucky. A copy of the City’s Purchasing Policy is available on the City’s website at www.georgetownky.gov (Finance Department). KENTUCKY OPEN RECORDS LAW: At the time a bid is submitted to the City, bidder shall identify any information that is submitted as part of the bid that is proprietary or confidential in nature and not subject to release for public inspection. The City of Georgetown will protect any proprietary or confidential information to the extent allowable under the Kentucky Open Records Act. NEW GOODS, FRESH STOCK: Unless otherwise specifically stated, all contractors shall provide new commodities, fresh stock, latest model, design or package. COMPLIANCE WITH LAWS AND REGULATIONS: Each bidder shall comply with all federal, state, and local regulations concerning this type of service. METHOD OF AWARD: The award will be based upon the lowest responsive and responsible bidder complying with specifications on each item, and the fulfillment of the required KYTC qualifications herein. BIDDER’S QUALIFICATIONS: Vendor must demonstrate to the satisfaction of the City of Georgetown that he/she has adequate equipment, personnel, experience and understanding of the specifications to perform service under the Contract. Bidders and DBE subcontractors must be prequalified with the Kentucky Transportation Cabinet (KYTC) and possess a Certificate of Eligibility at the time of the bid opening. To be eligible to bid on this Project, primary contractors must hold, at minimum, a Certificate of Eligibility for any of the following work items: 1. A—Grade and Drain 2. B—Portland Cement 3. E3—Bridges Primary contractors must certify with initials on the checklist for requirements that they will perform at least 30 percent of the work set forth in the Form of Proposal based on the subtotals of all divisions, A through F, excluding mobilization and demobilization costs. The contractor will not be eligible to bid if any of the above requirements are not met. The City of Georgetown reserves the right to reject any bid that does not satisfy the above requirements. The DBE participation goal for this Project is 3 percent. All other subcontractors must be prequalified when accepting subcontracts. No contract will be awarded to any bidder who, in the opinion of the City, is not qualified to perform satisfactorily due to a previously unfavorable performance, reputation or lack of experience, capital, organization, equipment, and/or personnel to conduct and complete the services in accordance with the terms and conditions of the contract. Successful bidder must comply with the City of Georgetown ordinances relating to Occupational License Fees, Business Licenses, payroll and net profits, and any other ordinances which may apply to any particular bid package. The City of Georgetown reserves the right to reject any and all bids, to award any bid in whole or in part, and/or to waive any irregularities or minor immaterial defects in any and all bids. The City reserves the right to award bids based on the best interest and/or most advantageous to the City. The City of Georgetown may also consider any alternative bid that meets its basic needs. PRICING: All prices shall be quoted exclusive of any taxes. The City of Georgetown is exempt from federal excise, transportation and/or Kentucky sales tax. Any items supplied directly to the City from a supplier/manufacturer are exempt from sales tax. Any items purchased by a contractor that will be used in the fulfillment of a contract are not exempt from sales tax. STANDARD AGREEMENT: The selected Bidder will be required to sign a Standard Agreement for Goods and Services with the City within 14 days of the Notice of Award. The agreement will contain terms and conditions that include duration of the agreement, sworn statement regarding campaign finance laws, a provision indicating that the bidder and its employees or agents are not employees of the City, a termination clause, an additional termination clause of those agreements covering multiple fiscal years in the event that sufficient funds are not appropriated as part of the budget process, provision that Kentucky law applies to interpretation of the agreement and any disputes and that venue shall be Scott County, Kentucky, and a provision that the services cannot be assigned without the prior approval of the City. BONDING: A certified check or Bid Bond in the amount of 5 percent of the bid price must be included with the bid response. If a ceraVLv v KH 471790kfjwF 89 56001710 jtu qrw 67320 al8O v 2560 Hv1QnkOQs 5 0455715tified check is supplied, it must be made payable to the City of Georgetown and mailed to the Georgetown City Clerk’s office at 100 North Court Street, Georgetown, KY 40324, prior to bid opening. Certified checks will be returned upon receipt of the Performance Bond and entering into a contract in accordance with specifications. In the event of failure to enter into a contract within the time period set forth in this bid, it is agreed that the certified check may be cashed and the funds retained by the City of Georgetown as liquidated damages. Checks of unsuccessful bidders will be returned when the bid has been awarded. If a Bid Bond is supplied, a copy of it may be uploaded to Public Purchase to satisfy this requirement. The successful vendor shall provide a Performance Bond and a Payment Bond, with sufficient surety satisfactory to the City, in an amount equal to the contract price. On all liability policies of insurance, bidder shall have the City named as an additional insured and shall further require that its liability carrier(s) notify the City at least 30 days prior to the effective date of any change(s) in or cancellations of said insurance policies. A current copy of bidder’s insurance certificate providing proof of insurance as stated above must be on file in the Purchasing Department prior to bid award. Submission of an Evidence of Insurability from bidder’s provider or an Insurance Certificate copy may be included with the bid package. HOLD HARMLESS AGREEMENT: The bidder covenants to save, defend, keep harmless, and indemnify the City of Georgetown and all of its officers, departments, agencies, agents, and employees from and against all claims, loss, damage, injury, fine, penalties, and costs including court costs and attorney’s fees, charges, liability, and exposure however caused resulting from, arising out of, or in any way connected with the bidder’s negligent performance or non-performance of the terms of the contract. CONTRACTOR STATUS: Bidder understands and agrees that its employees, agents, and/or sub-bidders are not employees of the City of Georgetown for any purpose whatsoever. EQUAL OPPORTUNITY STATUTES: The City of Georgetown is an equal opportunity employer and does not discriminate on the basis of race, color, religion, sex, national origin, age, marital status, physical or mental disability, sexual orientation, gender identity, or any other characteristic protected by law. The City is also committed to employing only United States citizens and aliens who are authorized to work in the United States. The City complies with the Immigration Reform and Control Act of 1986. Therefore, the successful bidder must demonstrate to the satisfaction of the City that he also conforms to all federal, state, and local Equal Opportunity statutes. Further, the contractor will reimburse the City of Georgetown for any damages incurred due to any violation of the above-mentioned statutes by the contractor while under contract to the City. "OR EQUAL" CLAUSE: Whenever a material, article or piece of equipment is identified on the plans or in the specifications by reference to manufacturer's or vendors' names, trade names, catalog numbers, etc., it is intended merely to establish a standard; and, any materials, articles or equipment of other manufacturers and vendors which will perform adequately the duties imposed by the general design will be considered equally acceptable provided the material, article or equipment so proposed, is, in the opinion of the Owner, of equal substance and function. AMBIGUITY, CONFLICT OR OTHER ERRORS IN ITB: If a bidder discovers any ambiguity, conflict, discrepancy, omission or other such error in the ITB, he/she shall immediately notify the City of Georgetown, in writing, of such error and request modification or clarification of the document if allowable by the City of Georgetown. Work to be performed by contractors involved in this project is subject to the minimum wage rates established by the U.S. Department of Labor under the provisions of the Davis-Bacon Act. Federal wage rate determinations will be incorporated into the Specifications. Bidders must comply with the President's Executive Order Nos. 11246 and 11375, which prohibit discrimination in employment regarding race, creed, color, sex or national origin. Where the President's Executive Order No. 11246 is shown, Executive Order No. 11375 also applies. Bidders must make positive efforts to secure small or minority owned business enterprise participation in this Project. Bidders must comply with Title VI of the Civil Rights Act of 1964, the Anti-Kickback Act, the Contract Work Hours Standard Act, and the Davis-Bacon Act. Bidders must certify that they do not and will not maintain or provide for their employees any facilities that are segregated or based on race, color, creed, or national origin. Bidders must show a certification of prior work under Executive Order 11246 (Equal Employment Opportunity) as amended. All contractors and subcontractors must comply with 41 CFR 60-4, in regard to affirmative action. This is to ensure equal opportunity to females and minorities, and apply the time tables and goals set forth in 41 CFR 60-4. Neither the United States nor any of its departments, agencies or employees is or will be a party to this Invitation for Bids or any resulting contract. This procurement is subject to the requirements outlined in the Kentucky Infrastructure Supplemental General Conditions. ADDENDA AND INTERPRETATIONS: No interpretation of the meaning of the plans, specifications or other pre-bid documents will be made to any bidder orally. Every request for such interpretation should be submitted through the Public Purchase portal ( http://www.publicpurchase.com/ ). Any and all such interpretations and any supplemental instructions, if issued, will be posted to the Public Purchase portal for the specific project. Questions regarding the project will be due no later than Friday, May 14, 2021, at 3:00 p.m. local time. Failure of any bidder to receive any such supplementation or interpretation shall not relieve such bidder from any obligation under his/her bid as submitted. All posts so issued shall become part of the contract documents. Any and all questions related to registration for and use of Public Purchase shall be directed to Stacey Clark at [email protected] . The City of Georgetown may consider informal any bid not prepared and submitted in accordance with the provisions of this advertisement and/or the Specifications and may waive any informalities or reject any and all bids.

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