The Boone County Fiscal Court will receive sealed bids electronically via the County's electronic bidding system only until 2:00 pm (local time), Thursday, March 31, 2022 from qualified vendors to perform the services associated with Carpet Replacement For The Boone County Justice Center. Bids must be submitted electronically. Late, hand delivered (paper), emailed or facsimile bids will not be accepted. Bids will be opened online at the time listed above.

A mandatory pre-bid meeting will take place at 11:00 am (local time) on Thursday, March 17, 2022 at Boone County Fiscal Courtroom 2950 Washington Street, 1st Floor Burlington, KY 41005.

Attendance is mandatory, and attendees shall arrive before/on time and attend the entire meeting to be qualified to bid. Late attendees will not be allowed to participate in the pre-bid meeting. Bids received from bidders who did not attend this meeting will not be accepted.

Specifications may be downloaded electronically by visiting our electronic bidding website.

Boone County reserves the right to reject any and all bids, to waive any informalities and to negotiate for the modifications of any bid or to accept that bid which is deemed the most desirable and advantageous from the standpoint of customer value and service and concept of operations, even though such bid may not, on its face, appear to be the lowest and best price. No bid may be withdrawn for a period of sixty (60) days after scheduled time of receipt of bids.

The Boone County Fiscal Court is an Equal Opportunity Employer. WBE/MBE firms are encouraged to respond to this Invitation to Bid.

It is necessary for bidders to read instructions contained herein, to understand exactly how to submit a bid, what must accompany the bid, and what the bidder obligates themselves for by submitting the bid. Failure to carefully read and understand the instruction and bid specifications may either cause the bid not to be considered or accepted by the Boone County Fiscal Court, hereinafter referred to as “County,” or cause the bidder to obligate themselves to more than they realize.

1. All bids shall be submitted on and in accordance with this solicitation in the procurement portal. In case of conflict, the bid may be deemed non-responsive. The County’s published specifications shall supersede any additional writings submitted with the bid. Such writings should be clearly marked and noted on the "Deviations and Exceptions" section.
2. In the event a Bidder is unable to submit a timely response in accordance with the instructions herein due to the Bidder's internet or hardware limitations, settings or restrictions, internet speed, power outage, network connection, or use of a malfunctioning electronic device, neither the County, nor the Software Administrator, will be held responsible. Bidders shall be solely responsible for ensuring the capability of their computer system while responding to this solicitation, and for the stability of their internet service. Uploading large documents may take significant time depending on the size of the file(s) and Bidder's internet connection speed. Failure of the Bidder to successfully submit an electronic Bid before the deadline indicated herein shall be at the Bidder's sole risk, and no relief will be given for late and/or improperly submitted Bids.
3. If County is closed for business at the time scheduled for bid opening, for whatever reason, bids will be accepted and opened on the next business day of the County, at the originally scheduled hour.
4. Each bid is submitted with the understanding that the acceptance in writing by the County of the bid to furnish any or all of the goods and/or services described therein, shall constitute a contract between the bidder and the County, which shall bind the bidder on their part to furnish and deliver the goods and/or services quoted at the prices stated and in accordance with the conditions of the accepted bid. Once accepted, the County is obligated on its part to order from such bidder, except for causes beyond reasonable control and pay for, at the agreed prices, all goods and/or services specified and delivered.
5. Bidders have the right to request withdrawal of their bids from consideration due to error by giving notice not later than two business days after bids are publicly opened. Work papers showing evidence of error(s) may be required.
6. Whenever a specific “Brand Name” is used in these specifications, it is used for descriptive purposes only.
7. When appropriate, the Bidder shall also attach to the Bid Form descriptive information and literature showing the items on which the Bid was based. The County shall be the sole judge of whether a Bid meets the intent of these specifications.
8. If issued, addenda to this solicitation will be posted on the procurement portal via the County’s website (https://secure.procurenow.com/portal/boonecountyky?status=all). It is the bidder's responsibility to check the portal/website prior to the submittal deadline to ensure that the bidder has the complete, up-to-date Bid information.
9. The solicitation document submitted in the procurement portal and maintained by the Finance Department, shall be considered the official copy.
10. Award will be made to the lowest responsive and responsible bid subject to the considerations that follow: the quality of the goods and/or services to be supplied, the conformity with the specifications, the suitability to the requirements. The delivery terms, qualifications, and references will be taken into consideration in making an award. Unless canceled or rejected, a responsive bid from the lowest responsible bidder shall be accepted as submitted except that if the bid from the lowest responsible bidder exceeds available funds.
11. The County reserves the right to reject any and all bids, and to waive any informality if it is determined to be in the best interest of the County.
12. Prices shall be stated in units of quantity specified. No additional charges shall be passed on to the County, including any applicable taxes, delivery, or surcharges. Prices quoted shall be the final cost to the County.
13. By digitally signing this bid, the bidder assigns to the County any and all rights that it may have under the antitrust laws of the United States and the Commonwealth of Kentucky in any way arising from or pertaining to this bid. This provision is remedial in nature and is to be liberally construed by any court in favor of the County.
14. Kentucky Preference Law. The scoring of bids/proposals is subject to Reciprocal Preference for Kentucky Resident Bidders and Preferences for a Qualified Bidder or the Department of Corrections, Division of Prison Industries. Vendors not claiming resident bidder or qualified bidder status need not submit the corresponding affidavit. If claiming Kentucky Preference, appropriate form must be submitted.
15. Hold Harmless and Indemnification: The bidder shall defend, indemnify and hold harmless the County, County’s employees, agents, and volunteers, from and against any and all damage claim, liability, cost, or expense (including, without limitation, reasonable attorney’s fees and court costs) of every kind and nature (including, without limitation, those arising from any injury or damage to any person, property or business) incurred by or claimed against the contractor, its employees, agents, and volunteers, or incurred by or claimed against the County, County’s employees, agents, and volunteers, arising out of, or in connection with, the performance of all services hereunder by the contractor. This indemnification and hold harmless includes, but is not limited to, any financial or other loss including, but not limited to, any adverse regulatory, agency or administrative sanctions or civil penalties, incurred by the County due to the negligent, fraudulent, or criminal acts of the contractor or any of the contractor’s officers, shareholders, employees, agents, contractors, subcontractors, or any other person or entity acting on behalf of the contractor. Unless otherwise provided by law, the contractor indemnification obligations hereunder shall not be limited in any way by the amount or type of damages, compensation, or benefits payable by or for the contractor under worker’s compensation acts, disability benefit acts, other employee benefit acts, or benefits payable under any insurance policy. This paragraph shall survive the termination of the contract including any renewal or extension thereof.
16. The bidder shall obtain all permits, licenses, and certificates, or any such approvals of plans or specifications as may be required by federal, state, and local laws, ordinances, rules and regulations for the proper execution and completion of the work specified herein, including hazardous waste removal.
17. Bidders are hereby informed that it shall be their sole responsibility to comply with all applicable Federal, State and County laws and regulations having jurisdiction over this type of work. The bidder shall be solely responsible for initiating, maintaining, and supervising all safety precautions and programs in connections with the work. The bidder shall take all necessary precautions for the safety of, and shall provide the necessary protection to prevent damage, injury, or loss to all employees on the work site and other persons including, but not limited to, the general public who may be affected thereby.
18. Anti-Discrimination. By submitting a bid(s), Bidders certify to County conformity with the provisions of the Federal Civil Rights Act of 1964, the Americans with Disabilities Act of 1990 as amended where applicable.
19. If claiming Disadvantaged Business Enterprise (DBE) status, certification shall be attached with bid submission.
20. Deviations and Exceptions. If the bidder takes any exceptions to the specifications or deviates from the requirements, then bidder shall fully state such deviations or exceptions and the reasons for doing so. In addition, a complete explanation of the results of such changes shall be included. For bids with exceptions that fail to submit "Deviations and Exceptions,” failure may result in bid rejection.

The bidder will be required to provide verification of insurance coverage in accordance with the parameters that follow. The successful bidder will have fifteen (15) calendar days to comply with this requirement, excluding County holidays and non-workdays, if applicable.

The bidder must maintain the insurance coverage required by the County while this contract is in force, including automatic renewal terms, and shall provide documentation of such insurance in a form satisfactory to the County.

In the event that the bidder changes their insurance carrier, new verification of insurance coverage must be provided to the County by the new insurance carrier within ten (10) days of the change of policy.

The bidder shall purchase and maintain in force, at their own expense, such insurance as will protect them and the County from claims, which may arise out of or result from the bidder's execution of the work, whether such execution be by the bidder, bidder's employees, agents, sub-Contractors, or by anyone for whose acts any of them may be liable. The insurance coverage shall be such as to fully protect the Owner, the Engineer (if applicable) and the public from all claims for injury and damage resulting by any actions on the part of the bidder or bidder's forces as enumerated above. The bidder shall furnish a copy of an original Certificate of Insurance, naming Boone County as an additional insured. Certificate of Insurance must have an original signature. Should any of the policies be canceled before the expiration date, the issuing company will mail 30 days written notice to the certificate holder. The bidder shall furnish insurance in satisfactory limits, and on forms and of companies which are acceptable to the Owner's Attorney and/or Assistant County Administrator and shall require and show evidence of insurance coverages on behalf of any sub-Contractors (if applicable), before entering into any agreement to sublet any part of the work to be done under this Contract.

The following insurance requirements are the Minimum Limits of Liability, Terms, and Coverage that will be acceptable:

1. Commercial General Liability
   • $1,000,000 bodily injury and property damage each occurrence, including advertising and personal injury, products and completed operations
   • $5,000,000 products/completed operations, independent bidder's liability, contractual liability, and coverage for property damage from perils of explosion, collapse, or damage to underground utilities, commonly known as XCU
   • $5,000,000 general annual aggregate
2. Auto Liability Insurance
   • $1,000,000 each person, bodily injury, and property damage, including owned, non‐owned and hired auto liability
3. Workers’ Compensation
   • Statutory limits
4. Employer’s Liability
   • $1,000,000 bodily injury by accident, each accident
   • $1,000,000 bodily injury by disease, each employee
   • $1,000,000 bodily injury by disease, policy aggregate
5. Umbrella/Excess Liability
   • $5,000,000 each occurrence and annual aggregate
   • Underlying coverage shall include General Liability, Auto Liability, and Employer's Liability
   • $1,000,000 annual aggregate covering damages or liability arising or resulting from bidder's services rendered, or which should have been rendered, pursuant to the Contract
6. Property
   • The bidder shall purchase and maintain property insurance covering machinery, equipment, mobile equipment, and tools used or owned by the bidder in the performance of services under the Contract. MPHI shall in no circumstance be responsible or liable for the loss or damage to, or disappearance of, any machinery, equipment, mobile equipment, and tools used or owned by the bidder in the performance of services under the Contract.

The bidder and their insurance company should carefully review the insurance requirements applicable to this agreement. All requirements herein must be met before the County will execute the contract.

The requirements described herein shall consist of the performance standards for the carpet and installation of carpet. Evidence of the ability to meet/exceed expectations for all specifications should be included in the bid response.

1. Location: Boone County Justice Center- 6025 Rogers Lane, Burlington, KY 41005 (72,000 SF)
2. Estimated Square Footage of Project: 46,480 – Contractor responsible for all measurements
3. Estimated linear feet of 4” cove base: 11,000 – Contractor responsible for all measurements
4. Carpet Specifications:
   1. 13oz or better, Heavy use, multi-level looped weave, commercial pile, nylon, tile
5. Coordination (to be completed within seven days of bid award):
   1. The vendor awarded the contract will communicate and coordinate with the Director of Property Management (DPM) or designee regarding:
      1. Schedules
      2. List of staff members to be assigned to the project
      3. Proposed work plan
   2. Vendor is required to continually inform and coordinate with the DPM or designee the vendors:
      1. General work plan
      2. Schedules
      3. Personnel assigned to the buildings
   3. All work shall be completed by 11:00pm each night so that inspection of work may be performed.
   4. The DPM or designee shall inform the vendor of any areas which have special time/use constraints.
   5. Certain Courtrooms may have limited availability depending on the use of the rooms.
6. Deficiencies:
   1. The DPM or designee shall routinely inspect the entire facility and prepare a list of deficiencies. The list of deficiencies shall be presented to the vendor and the vendor shall correct or present a plan to correct the deficiencies within the same day of receiving the list of deficiencies.
   2. Any deficiency corrected by the Property Maintenance Department will result in a charge-back to the vendor at an hourly rate of $25.00 per person for the number of hours used to correct the deficiency.
7. Supplies and Equipment:
   1. Vendor shall provide all equipment used to remove existing carpet.
   2. Vendor is responsible for disposal of removed carpet.
   3. Vendor shall provide all equipment used to move existing furniture, to remove old carpet and install new carpet.
   4. Boone County Property Maintenance shall provide storage space on site to store carpet and associated materials.
   5. Vendor is responsible for relocating the stored carpet to the work area.
   6. Hazardous/Flammable Materials:
      1. All supplies and materials shall be labeled, handled, and stored in accordance with applicable environmental laws and regulations. The vendor shall immediately notify the DPM or designee of all potentially hazardous situations.
8. Workmanship:
   1. All work shall be performed in a neat, orderly, and professional manner with applicable local, state, and federal laws and/or codes.
   2. Special care shall be taken to be sure that all tools, fixtures, and equipment used by the vendor in the execution of duties are not:
      1. Left in work areas (all items must be stored in designated areas)
      2. Left in an “other than clean” condition (buckets, sinks, mops, etc. must be drained and cleaned).

1. Staffing information to be provided:
   1. After award of contract, but prior to starting date, the vendor will provide Boone County Fiscal Court, DPM or designee, the following information on all individuals the vendor proposes to use in the execution of the contract:
      1. Name
      2. Social Security Number
      3. Birth date, and
      4. Driver’s License Number
2. Records Check:
   1. Due to the sensitive nature of the areas to be serviced, the County must run criminal records checks on the proposed staff members hired by the vendor to fulfil the contract.
   2. No person will be allowed to work in the facility without a records check.
   3. The County reserves the right to deny access to the facility to persons based on the findings of the background checks.
   4. The vendor shall continue this process for new employees to service this contract.

The County would like to move quickly in selection of a firm to begin the process. The selected firm should be prepared to begin work within 30 days of acceptance of bid. This anticipated schedule is negotiable with justification from the vendor. Disruptions to both court and daily operation of the building will be minimized.

If prior to the date fixed for submission of bids, a prospective bidder discovers any ambiguity, conflict, discrepancy, omission or other errors in this bid package or any of its appendices or exhibits, the bidder shall immediately notify the County of such error in writing and request modification or clarification of the document. Modifications shall be made by written Addenda to the bid.

If a bidder fails to notify the County, prior to the date fixed for submissions of bids, of an error in the bid package known to the bidder, or an error that reasonably should have been known to the bidder, the bidder shall submit the bid at their own risk, and if the bidder is awarded a Contract, it shall not be entitled to additional compensation or time by reason of the error or its later correction.

All requests for clarifications, changes, exceptions, deviations to the terms and conditions set forth in this bid package must be submitted via the County’s project “Q&A Tab” on the Boone County Vendor Portal: https://secure.procurenow.com/portal/boonecountyky

The Final day for receipt of questions from bidders shall be on or before 5:00 pm on Wednesday, March 23, 2022. To ensure fairness and avoid misunderstandings, all communications must be in electronic format and submitted via the County’s electronic bidding website. Any verbal communications will not be considered. All questions received by the due date will be logged, and reviewed, and if required, a response will be provided via an addendum to the bid package that will be posted on the County’s procurement portal. Any communications, whether written or verbal, with any County elected official or County staff with regards to project details and scope prior to award of a contract is strictly prohibited and the bidder shall be disqualified from consideration.