Attachment F Tugboat Contract.pdf

Commonwealth of Kentucky

CONTRACT

DOC ID NUMBER:

CT 625 2100000583 Version: 1 Record Date: 12/06/21

Document Description: KYTC Tugboats for Ferry Barge - Monroe County

Cited Authority: FAP111-57-00 Competitive Negotiations-Goods and Services

Reason for Modification:

Issuer Contact:

Name: Sheila Durham Phone: 502-564-8626 E-mail: Sheila.durham@ky.gov

Vendor Name: Vendor No. KY0003315 Grandview Welding & Equipment Sales Inc Vendor Contact Name: Brian Froedge 198 Radio Station Rd Phone: 270-487-8813

Tompkinsville KY 42167

Email: GrandviewWelding@windstream.net

Effective From: Effective To:

Line Item

Delivery Date

Quantity Unit Description Unit Price Contract Amount

Total Price

1 2022-05-30 00:00:00.000000

1.00000 EA KYTC Tugboats for Monroe County Ferry

Barge

$412,297.000000 $0.00 $412,297.00

Extended Description:

Tugboat to be completed by May 30, 2022 and delivered to:

Turkey Neck Bend Ferry 1779 Turkey Neck Bend Rd.

Hestand, KY 42151

Delivery shall be coordinated with KYTC Technical Contact: Casey Pedigo. Upon successful completion and KYTC approval, invoice for Commodity Line 1 shall be paid.

Effective From: Effective To:

Line Item

Delivery Date

Quantity Unit Description Unit Price Contract Amount

Total Price

2 2022-11-30 00:00:00.000000

1.00000 EA KYTC Tugboats for Monroe County Ferry

Barge

$412,297.000000 $0.00 $412,297.00

Extended Description:

Attachment F Tugboat Contract

Tugboat to be completed by November 30, 2022 and delivered to:

Turkey Neck Bend Ferry 1779 Turkey Neck Bend Rd.

Hestand, KY 42151

Delivery shall be coordinated with KYTC Technical Contact: Casey Pedigo. Upon successful completion and KYTC approval, invoice for Commodity Line 2 shall be paid.

Shipping Information: Billing Information:

Various Shipping KYTC Division of Equipment See Extended Description 1234 Wilkinson Blvd

Various KY Frankfort KY 40622

TOTAL CONTRACT AMOUNT: $824,594.00

AWARD CONTRACT

FOR

KYTC TUGBOATS FOR FERRY BARGE

(Monroe County)

BETWEEN

THE COMMONWEALTH OF KENTUCKY

KENTUCKY TRANSPORTATION CABINET (KYTC)

AND

GRANDVIEW WELDING & EQUIPMENT, INC.

198 RADIO STATION ROAD

TOMPKINSVILLE, KY 42167

VENDOR CONTACT INFORMATION:

BRIAN FROEDGE

Phone: 270-487-8813

Email: Grandviewwelding@windstream.net

CT 625 2100000583

This Award Contract (“Contract”, “Award” or “Agreement”) is entered into, by and between the Commonwealth of Kentucky, Kentucky Transportation Cabinet (KYTC) (“the Commonwealth” or “Customer”) and Grandview Welding & Equipment, Inc. (“Contractor” or “Vendor”) as the Prime Vendor.

The Commonwealth and Contractor agree to the following:

I. Scope of Contract Grandview Welding & Equipment, Inc. shall agree to comply with Section 50.6 of the original solicitation and provide two (2) tugboats, equipment, manuals, training and warranties per the specifications.

The term of the contract shall be effective at the time of award and in accordance with Section IV (50.2) of this agreement.

Federal Language Federal Funds may be used to make payment against the resulting contract. Therefore, FHWA 1273 requirements and Buy America requirement section 106.04 from the 2012 Standard Specifications for Road and Bridge Construction shall be required on this solicitation and the resulting award/contract.

Document Description Page 3

2100000583 KYTC Tugboats for Ferry Barge - Monroe County mailto:Grandviewwelding@windstream.net

Prevailing Wage Rates Prevailing Wage Rates apply to federally funded projects. For current rates, visit this website:

https://beta.sam.gov/search?index=wd&keywords=&sort=modifiedDate&wdType=dbra&page=1.

Search for Davis Bacon Act (DBA). Enter State and County, then select Highway.

II. Negotiated Items The following terms have been negotiated within the scope of RFP-758-2100000206 (“RFP” or “Solicitation”) and this Contract:

Unless otherwise approved by KYTC, Grandview Welding Equipment, Inc. shall provide drawings per the specifications in this contract and must be reviewed and approved by KYTC prior to any construction. Any information regarding the drawings shall be communicated with Casey Pedigo at Casey.Pedigo@ky.gov.

Drawings must include all details per the specifications. If drawings do not meet the specifications and KYTC does not approve, Grandview Welding Equipment, Inc. may be required to resubmit new drawings at no additional cost to KYTC or the Commonwealth. Any costs associated with the drawings will be the responsibility of the vendor. If new drawings are not submitted within the timeframe that is specified by KYTC and still do not meet the specifications and approval of KYTC the contract will be terminated.

Completion One tugboat is to be completed by May 30, 2022 and the second tugboat to be completed by November 30, 2022.

III. Pricing

Unit Cost Each

Complete construction of tugboat with all required equipment, including warranty and delivery.

$412,297.00

Total Cost for two (2) Tugboats

$824,594.00

No trade-in options were offered for consideration.

IV. Terms and Conditions To the extent unmodified by the above Sections I and III of this Contract, the following sections are incorporated pursuant to RFP 758 2100000206. In the event of any conflict between the following Sections 40 and 50 and the previous Sections I - III, in Sections I – III shall prevail.

SECTION 40 – PROCUREMENT REQUIREMENTS

40.1 Procurement Requirements

Document Description Page 4

2100000583 KYTC Tugboats for Ferry Barge - Monroe County https://beta.sam.gov/search?index=wd&keywords=&sort=modifiedDate&wdType=dbra&page=1 mailto:Casey.Pedigo@ky.gov

Procurement requirements are listed under “Procurement Laws, Preference, Regulations and Policies” and “Response to Solicitation” located on the eProcurement Web page at:

https://finance.ky.gov/services/eprocurement/Pages/LawsPrefRegsPolicies.aspx and http://finance.ky.gov/services/eprocurement/Pages/VendorServices.aspx respectively. The vendor must comply with all applicable statutes, regulations and policies related to this procurement.

40.2 Contract Components and Order of Precedence

The Commonwealth’s acceptance of the contractor’s offer in response to the solicitation, indicated by the issuance of a contract award by the Office of Procurement Services, shall create a valid contract between the Parties consisting of the following:

1. Procurement Statutes, Regulations and Policies

2. Any written Agreement between the Parties;

3. Any Addenda to the Solicitation RFP 758 2100000206;

4. The Solicitation RFP 758 2100000206 and all attachments

5. Any Best and Final Offer;

6. Any clarifications concerning the Contractor’s proposal in response to the

Solicitation RFP 758 2100000206;

7. The Contractor’s proposal in response to the Solicitation.

In the event of any conflict between or among the provisions contained in the contract, the order of precedence shall be as enumerated above.

40.3 Final Agreement

The contract represents the entire agreement between the parties with respect to the subject matter hereof. Prior negotiations, representations, or agreements, either written or oral, between the parties hereto relating to the subject matter hereof shall be of no effect upon this Contract.

40.4 Contract Provisions

If any provision of this Contract (including items incorporated by reference) is declared or found to be illegal, unenforceable, or void, then both the Commonwealth and the contractor shall be relieved of all obligations arising under such provision. If the remainder of this contract is capable of performance, it shall not be affected by such declaration or finding and shall be fully performed.

40.5 Type of Contract

This Contract shall be on the basis of a firm fixed unit price for the elements listed.

40.6 Contract Usage

The contractual agreement with the selected vendor will in no way obligate the Commonwealth of Kentucky to purchase any services or equipment under this Contract.

The Commonwealth agrees, in entering into any contract, to purchase only such services in such quantities as necessary to meet the actual requirements as determined by the Commonwealth.

Document Description Page 5 https://finance.ky.gov/services/eprocurement/Pages/LawsPrefRegsPolicies.aspx http://finance.ky.gov/services/eprocurement/Pages/VendorServices.aspx

40.7 Addition or Deletion of Items or Services

The Office of Procurement Services reserves the right to add new and similar items, by issuing a contract modification, to this Contract with the consent of the vendor. Until such time as the vendor receives a modification, the vendor shall not accept delivery orders from any agency referencing such items or services.

40.8 Changes and Modifications to the Contract

Pursuant to KRS 45A.210 (1) and 200 KAR 5:311, no modification or change of any provision in the Contract shall be made, or construed to have been made, unless such modification is mutually agreed to in writing by the contractor and the Commonwealth, and incorporated as a written amendment to the Contract and processed through the Office of Procurement Services and approved by the Finance and Administration Cabinet prior to the effective date of such modification or change pursuant to KRS 45A.210(1) and 200 KAR 5:311. Memorandum of understanding, written clarification, and/or correspondence shall not be construed as amendments to this Contract.

If the contractor finds at any time that existing conditions made modification of the contract necessary, it shall promptly report such matters to the Commonwealth Buyer for consideration and decision.

40.9 Changes in Scope

The Commonwealth may, at any time by written order, make changes within the general scope of the Contract. No changes in scope are to be conducted except at the approval of the Commonwealth.

40.10 Contract Conformance

If the Commonwealth Buyer determines that deliverables due under the Contract are not in conformance with the terms and conditions of this Contract and the mutually agreed-upon project plan, the Buyer may request the contractor to deliver assurances in the form of additional contractor resources and to demonstrate that other major schedules will not be affected. The Commonwealth shall determine the quantity and quality of such additional resources and failure to comply may constitute default by the contractor.

40.11 Assignment

This Contract shall not be assigned in whole or in part without the prior written consent of the Commonwealth Buyer.

40.12 Payment

The Commonwealth will make payment within thirty (30) working days of receipt of contractor's invoice or of acceptance of goods and/or services in accordance with KRS

45.453 and KRS 45.454.

Payments are predicated upon successful completion and acceptance of the described work, services, supplies, or commodities, and delivery of the required documentation.

Invoices for payment shall be submitted to the agency contact person or his representative.

40.13 Contractor Cooperation in Related Efforts

Document Description Page 6

The Commonwealth of Kentucky may undertake or award other contracts for additional or related work, services, supplies, or commodities, and the contractor shall fully cooperate with such other contractors and Commonwealth employees. The contractor shall not commit or permit any act that will interfere with the performance of work by any other contractor or by Commonwealth employees.

40.14 Contractor Affiliation

"Affiliate" shall mean a branch, division or subsidiary that is effectively controlled by another party. If any affiliate of the contractor shall take any action that, if done by the contractor, would constitute a breach of this agreement, the same shall be deemed a breach by such party with like legal effect.

40.15 Commonwealth Property

The contractor shall be responsible for the proper custody and care of any Commonwealth-owned property furnished for contractor's use in connections with the performance of this Contract. The contractor shall reimburse the Commonwealth for its loss or damage, normal wear and tear excepted.

40.16 Confidentiality of Contract Terms

The contractor and the Commonwealth agree that all information communicated between them before the effective date of the Contract shall be received in strict confidence and shall not be necessarily disclosed by the receiving party, its agents, or employees without prior written consent of the other party. Such material will be kept confidential subject to Commonwealth and Federal public information disclosure laws.

Upon signing of this Contract by all parties, terms of the contract become available to the public, pursuant to the provisions of the Kentucky Revised Statutes.

The contractor shall have an appropriate agreement with its subcontractors extending these confidentiality requirements to all subcontractors’ employees.

40.17 Confidential Information

The contractor shall comply with the provisions of the Privacy Act of 1974 and instruct its employees to use the same degree of care as it uses with its own data to keep confidential information concerning client data, the business of the Commonwealth, its financial affairs, its relations with its citizens and its employees, as well as any other information which may be specifically classified as confidential by the Commonwealth in writing to the contractor.

All Federal and State Regulations and Statutes related to confidentiality shall be applicable to the contractor. The contractor shall have an appropriate agreement with its employees, and any subcontractor employees, to that effect, provided however, that the foregoing will not apply to:

A. Information which the Commonwealth has released in writing from being maintained in confidence;

B. Information which at the time of disclosure is in the public domain by having been printed and published and available to the public in libraries or other public places where such data is usually collected; or

Document Description Page 7

C. Information, which, after disclosure, becomes part of the public domain as defined above, thorough no act of the contractor.

40.18 Advertising Award

The contractor shall not refer to the award of Contract in commercial advertising in such a manner as to state or imply that the firm or its services are endorsed or preferred by the Commonwealth of Kentucky without the expressed written consent of the agency technical contact person. (see Section 50.4)

40.19 Patent or Copyright Infringement

The contractor shall report to the Commonwealth promptly and in reasonable written detail, each notice of claim of patent or copyright infringement based on the performance of this contract of which the contractor has knowledge.

The Commonwealth agrees to notify the contractor promptly, in writing, of any such claim, suit or proceeding, and at the contractor's expense give the contractor proper and full information needed to settle and/or defend any such claim, suit or proceeding.

If, in the contractor's opinion, the equipment, materials, or information mentioned in the paragraphs above is likely to or does become the subject of a claim or infringement of a United States patent or copyright, then without diminishing the contractor's obligation to satisfy any final award, the contractor may, with the Commonwealth's written consent, substitute other equally suitable equipment, materials, and information, or at the contractor's options and expense, obtain the right for the Commonwealth to continue the use of such equipment, materials, and information.

The Commonwealth agrees that the contractor has the right to defend, or at its option, to settle and the contractor agrees to defend at its own expense, or at its option to settle, any claim, suit or proceeding brought against the Commonwealth on the issue of infringement of any United States patent or copyright or any product, or any part thereof, supplied by the contractor to the Commonwealth under this agreement. The contractor agrees to pay any final judgment entered against the Commonwealth on such issue in any suit or proceeding defended by the contractor.

If principles of governmental or public law are involved, the Commonwealth may participate in the defense of any such action, but no costs or expenses shall be incurred for the account of the contractor without the contractor's written consent.

The contractor shall have no liability for any infringement based upon:

A. the combination of such product or part with any other product or part not furnished to the Commonwealth by the contractor B. the modification of such product or part unless such modification was made by the contractor C. the use of such product or part in a manner for which it was not designed

40.20 Permits, Licenses, Taxes and Commonwealth Registration

Document Description Page 8

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 shall maintain certification of authority to conduct business in the Commonwealth of Kentucky during the term of this contract. Such registration is obtained from the Secretary of State, who will also provide the certification thereof. Additional local registration or license may be required.

The contractor shall pay any sales, use, and personal property taxes 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 borne by the contractor.

40.21 EEO Requirements

The Equal Employment Opportunity Act of 1978 applies to All State government projects with an estimated value exceeding $500,000. The contractor shall comply with all terms and conditions of the Act.

http://finance.ky.gov/services/eprocurement/Pages/VendorServices.aspx.

40.22 Provisions for Termination of the Contract

This Contract shall be subject to the termination provisions set forth in 200 KAR 5:312.

40.23 Bankruptcy

In the event the contractor becomes the subject debtor in a case pending under the Federal Bankruptcy Code, the Commonwealth's right to terminate this Contract may be subject to the rights of a trustee in bankruptcy to assume or assign this Contract. The trustee shall not have the right to assume or assign this contract unless the trustee (a) promptly cures all defaults under this contract; (b) promptly compensates the Commonwealth for the monetary damages incurred as a result of such default, and (c) provides adequate assurance of future performance, as determined by the Commonwealth.

40.24 Conformance with Commonwealth & Federal Laws/Regulations This Contract shall be governed by and construed in accordance with the laws of the Commonwealth of Kentucky. Any action brought against the Commonwealth on the contract, including but not limited to actions either for breach of contract or for enforcement of this Contract, shall be brought in Franklin Circuit Court, Franklin County, Kentucky in accordance with KRS 45A.245.

40.25 Accessibility

Vendor hereby warrants that the products or services to be provided under this Contract comply with the accessibility requirements of Section 504 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. Vendor further warrants that the products or services to be provided under this Contract comply with existing federal standards established under Section 255 of the Federal Telecommunications Act of 1996 (47 U.S.C. § 255), and its implementing regulations set forth at Title 36, Code of Federal Regulations, part 1193, to

Document Description Page 9 http://finance.ky.gov/services/eprocurement/Pages/VendorServices.aspx the extent the vendor's products or services may be covered by that act. Vendor agrees to promptly respond to and resolve any complaint regarding accessibility of its products or services which is brought to its attention.

40.26 Access to Records

The state agency certifies that it is in compliance with the provisions of KRS 45A.695, "Access to contractor's books, documents, papers, records, or other evidence directly pertinent to the contract." The Contractor, as defined in KRS 45A.030, agrees that the contracting agency, the Finance and Administration Cabinet, the Auditor of Public Accounts, and the Legislative Research Commission, or their duly authorized representatives, shall have access to any books, documents, papers, records, or other evidence, which are directly pertinent to this agreement for the purpose of financial audit or program review. The Contractor also recognizes that any books, documents, papers, records, or other evidence, received during a financial audit or program review shall be subject to the Kentucky Open Records Act, KRS 61.870 to 61.884. Records and other prequalification information confidentially disclosed as part of the bid process shall not be deemed as directly pertinent to the agreement and shall be exempt from disclosure as provided in KRS 61.878(1)(c).

40.27 Prohibitions of Certain Conflicts of Interest

In accordance with KRS 45A.340, the contractor represents and warrants, and the Commonwealth relies upon such representation and warranty, that it presently has no interest and shall not acquire any interest, direct or indirect, which would conflict in any manner or degree with the performance of its services. The contractor further represents and warrants that in the performance of the contract, no person, including any subcontractor, having any such interest shall be employed.

In accordance with KRS 45A.340 and KRS 11A.040 (4), the contractor agrees that it shall not knowingly allow any official or employee of the Commonwealth who exercises any function or responsibility in the review or approval of the undertaking or carrying out of this Contract to voluntarily acquire any ownership interest, direct or indirect, in the Contract prior to the completion of the Contract.

40.28 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, excepting 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 Commonwealth shall have the right to reject the proposal or cancel the contract without liability.

40.29 Vendor Response and Proprietary Information

This section has been intentionally left blank, as it does not apply to this procurement.

40.30 Contract Claims

The Parties acknowledge that KRS 45A.225 to 45A.290 governs contract claims.

40.31 Limitation of Liability

Document Description Page 10

The liability of the Commonwealth related to contractual damages is set forth in KRS 45A.245.

40.32 Discrimination (Effective April 8, 2015)

Discrimination (because of race, religion, color, national origin, sex, sexual orientation, gender identity, age, or disability) is prohibited. This section applies only to contracts utilizing federal funds, in whole or in part. During the performance of this Contract, the contractor agrees as follows:

1. The contractor will not discriminate against any employee or applicant for employment because of race, religion, color, national origin, sex, sexual orientation, gender identity, or age. The contractor further agrees to comply with the provisions of the Americans with Disabilities Act (ADA), Public Law 101-336, and applicable federal regulations relating thereto prohibiting discrimination against otherwise qualified disabled individuals under any program or activity. The contractor agrees to provide, upon request, needed reasonable accommodations. The contractor will take affirmative action to ensure that applicants are employed and that employees are treated during employment without regard to their race, religion, color, national origin, sex, sexual orientation, gender identity, age or disability. Such action shall include, but not be limited to the following; employment, upgrading, demotion or transfer;

recruitment or recruitment advertising; layoff or termination; rates of pay or other forms of compensations; and selection for training, including apprenticeship. The contractor agrees to post in conspicuous places, available to employees and applicants for employment, notices setting forth the provisions of this non-discrimination clause.

2. The contractor will, in all solicitations or advertisements for employees placed by or on behalf of the contractor, state that all qualified applicants will receive consideration for employment without regard to race, religion, color, national origin, sex, sexual orientation, gender identity, age or disability.

3. The contractor will send to each labor union or representative of workers with which he has a collective bargaining agreement or other contract or understanding, a notice advising the said labor union or workers' representative of the contractor's commitments under this section, and shall post copies of the notice in conspicuous places available to employees and applicants for employment. The contractor will take such action with respect to any subcontract or purchase order as the administering agency may direct as a means of enforcing such provisions, including sanctions for noncompliance.

4. The contractor will comply with all provisions of Executive Order No. 11246 of September 24, 1965 as amended, and of the rules, regulations and relevant orders of the Secretary of Labor.

5. The contractor will furnish all information and reports required by Executive Order No. 11246 of September 24, 1965, as amended, and by the rules, regulations and orders of the Secretary of Labor, or pursuant thereto, and will permit access to his books, records and accounts by the administering agency and the Secretary of Labor for purposes of investigation to ascertain compliance with such rules, regulations and orders.

6. In the event of the contractor's noncompliance with the nondiscrimination clauses of this contract or with any of the said rules, regulations or orders, this contract may be cancelled, terminated or suspended in whole or in part and the contractor may be declared ineligible for further government contracts or federally-assisted construction

Document Description Page 11 contracts in accordance with procedures authorized in Executive Order No. 11246 of September 24, 1965, as amended, and such other sanctions may be imposed and remedies invoked as provided in or as otherwise provided by law.

7. The contractor will include the provisions of paragraphs (1) through (7) of section 202 of Executive Order 11246 in every subcontract or purchase order unless exempted by rules, regulations or orders of the Secretary of Labor, issued pursuant to section 204 of Executive Order No. 11246 of September 24, 1965, as amended, so that such provisions will be binding upon each subcontractor or vendor. The contractor will take such action with respect to any subcontract or purchase order as the administering agency may direct as a means of enforcing such provisions including sanctions for noncompliance; provided, however, that in the event a contractor becomes involved in, or is threatened with, litigation with a subcontractor or vendor as a result of such direction by the agency, the contractor may request the United States to enter into such litigation to protect the interests of the United States.

SECTION 50 – SCOPE OF WORK

50.1 Agencies to Be Served

This Contract shall be a one-time purchase contract for use by the Kentucky Transportation Cabinet (KYTC). No shipments shall be made except upon receipt by vendor of an official delivery order from the using agency.

50.2 Term of Contract

The term of the contract shall be for a period beginning upon award until the delivery of the second tugboat, on or before November 30, 2022 and the completion of a successful final inspection.

50.3 Notices

All programmatic communications with regard to day-to-day performance under the contract are to be made to the agency technical contact(s).

KYTC Technical Contact:

Casey Pedigo

Transportation Engineer Supervisor KYTC District 3

Department of Highways 702 New Gallatin Road Scottsville, KY, 42164

(270) 237-3426 Casey.Pedigo@ky.gov

All communications of a contractual or legal nature are to be made to the Commonwealth Buyer:

Commonwealth Buyer:

Sheila Durham

Statewide Procurement Analyst II

Document Description Page 12 mailto:Casey.Pedigo@ky.gov

Commonwealth of Kentucky Finance and Administration Cabinet

Office of Procurement Services 702 Capitol Ave, Rm 096

Frankfort, KY 40601

(502) 564-8626 sheila.durham@ky.gov

50.4 Subcontractors

The contractor is permitted to make subcontract(s) with any other party for furnishing any of the work or services herein. The contractor shall be solely responsible for performance of the entire contract whether or not subcontractors are used. The Commonwealth shall not be involved in the relationship between the prime contractor and the subcontractor. Any issues that arise as a result of this relationship shall be resolved by the prime contractor.

All references to the contractor shall be construed to encompass both the contractor and any subcontractors of the contractor.

50.5 Scope of Work

A Performance Bond in the amount of one hundred percent (100%) of the contract total shall be required. The Successful bidder will be notified of the dollar amount required and the date the bond is due. In the event the bidder fails to submit the required performance and payment bond in the correct dollar amount by the specified due date, the bid will not be considered for the award of a Contract.

A. Equipment Standard Equipment: Tug units shall contain all standard equipment listed as such in the manufacturer’s latest literature unless otherwise stated within these specifications.

Additional Equipment: Units shall contain any additional equipment, not specifically mentioned but necessary, to make a complete and workable unit.

An additional generator to be used as a spare shall be supplied of the same make and model as described under tugboat specifications. Deliver crated or on pallet.

All Equipment: All equipment provided must have a convenient means of procuring replacement units or parts. Local vendor lists shall be provided to the Kentucky Transportation Cabinet, Department of Highways (the Department) and must be available within Kentucky or its surrounding states.

B. Manuals Units shall be provided with two (2) operator’s books, two (2) parts books and two

(2) service manuals current with units delivered.

C. Regulations and Standards Units shall meet all state and federal regulations. Tugboats shall be provided according to Coast Guard regulations and specifications.

Document Description Page 13 mailto:sheila.durham@ky.gov

Fuel system should comply with at least NFPA 302 or ABYC H33. Fuel Tank must be pressure tested to prove tightness before it leave the manufacturer. Tank manufacturer should apply label. (See NFPA 302-7.3.10).

Electrical systems should comply with at least NFPA 302 or ABYC E-11.

Navigation lights and sound signaling should comply with USCG navigation rules.

Exhausts should comply with at least NFPA 302 or ABYC P-1, including insulation or cage around hot exhaust pipe, so crew is protected against contact. (NFPA 302-6.12)

Engine and transmission installation should comply with at least ABYC P-4. Engine room ventilation should comply with at least ABYC H-32.

Please see Attachment G- Drawings for general dimensions, locations and layout. Detailed drawings provided are for reference only and should not be considered building plans. Boat builder shall submit a set of their own detailed drawings depicting all proposed dimensions and details. Drawings must include Tug layout design with multiple views, framing detail including Hull and Pilot House, and Hitch/Steering detail. All submittals should be thorough and professionally annotated. It is the boat builder’s responsibility to provide an equivalent design and approval meeting all Coast Guard standards with all necessary certifications.

Additional detail drawings for specific items may be requested as needed by the department. All welding shall meet or exceed current standards for ship building.

D. Pre-Service All new equipment must be pre-serviced to the manufacturer’s recommendations and in first class operating condition when delivered. Such service work shall be done in the vendor’s place of business or in another location provided by the vendor. Only minor modifications to equipment necessary to bring the item into compliance with specifications will be permitted on KYTC property.

E. Warranty The completed tug units shall be fully warranted against defective materials and workmanship for a period of at least one (1) year. Individual equipment and manufactured components shall be honored. The warranties shall begin the date the unit is placed in service. Upon delivery, a warranty card or statement shall be provided with each manufactured component of the tug.

F. Training Vendor shall provide one (1) day of training regarding safety, operation, and preventative maintenance on the described unit.

G. Existing KYTC Trailer Tugboats shall be of such dimension and weight as to be compatible to existing KYTC trailer. Trailer is rated at 24,000 lbs. Trailer bed dimensions are 11-6” wide x 22’-10” long. Tugs shall fit within width limit. Reasonable overhang at rear of trailer

Document Description Page 14 is acceptable. See Attachment H – KYTC Trailer for pictures of the trailer that will be used with the tugboats.

H. Delivery One tugboat must be delivered complete, launched and ready for service to the Turkey Neck Bend Ferry location by required completion date of May 30, 2022.

The second tugboat must be delivered complete, launched and ready for service to the Turkey Neck Bend Ferry location by required completion date of November 30, 2022.

I. Payments No upfront payments will be made until material invoices are received and proof of stockpile approved. The Department shall not be responsible for theft prior to final acceptance of delivered tugs. Builder has full responsibility for securing materials and tugs from damage and theft throughout construction and delivery. Progress payments may be made if percent of completion has been verified and approved by the Department.

J. Pre-Construction Meeting A pre-construction meeting with KYTC Department representatives shall be conducted after contract award and before materials have been ordered.

Subject matter of meeting shall include but not limited to specification/plan review, scheduling, payments, inspections, contact information, etc. Meeting shall be conducted at the District 3, Kentucky Transportation Cabinet Monroe County Maintenance facility, 266 Capp Harlan Road Tompkinsville, KY 42167.

Subsequently a field visit to existing Kentucky Transportation Cabinet’s ferry operation will be arranged.

K. Inspections Inspection 1: Inspection of the boat builder’s facility for adequate manufacturing components and material on-hand (a substantial quantity of the construction material, specifically plating and framing, etc.)

Inspection 2: When the hull/deck module and superstructure module are framed and plated, prior to installation of insulation. Inspect steel fitting, welding, positioning of fittings, alignments, etc. and any other components on hand whether installed or not.

Inspection 3: When the major mechanical and electrical components are on hand and either placed aboard or staged, ready to place aboard (such as engine, transmission, genset, rudders, hydraulic steering gear, controls and engine/genset instrument panels, fuel tank, windows, doors). Witness air test of fuel tank to prove it tight.

Inspection 4: Approximately seven (7) to ten (10) days prior to delivery. Inspection of vessel as it nears completion at the builder’s site in an effort to note any deficiencies that can be corrected prior to delivery.

Document Description Page 15

Inspection 5: Post construction inspection after the tugboats have been delivered, and a surveyor has inspected tugboats before and after launching in the trial run. A meeting will be scheduled with KYTC representatives and vendor to witness final testing, discuss results of inspection and the entire process.

L. Ferry Tugboat Specifications The intent of these specifications is to describe a truckable Ferry Tugboat.

Materials furnished shall be new and at least of quality currently used commercially, conforming to current engineering and manufacturing practices. Materials shall be free from defects that adversely affect the function and/or appearance of the finished unit. Please see Attachment G - Drawings for additional details. Unit(s) shall meet the following minimum specifications:

Overall Length: Minimum 25’ not to exceed 25’-11”

Overall Width (Beam): Minimum 10’ not to exceed 10’-6”

Overall Hull (Depth): Minimum 4’ (with additional 2’ minimum raised trunk at engine room to provide standing/working room around engine)

Hull: Shall be constructed of A-36 steel hull, single compartment.

Option A: 5/16” hull plating throughout Option B: 5/16” hull plating aft only, in way of surrounding running gear and its components. Everything forward of aft section shall be constructed of minimum manufactured ¼”.

Provide at least four (4) sacrificial anodes of magnesium meeting Mil-Spec A-21412 (SH), bolt-on type. Two (2) to be placed on bow rake, two (2) to be placed aft, outboard of running gear. They shall be placed so as not to interfere with operation of running gear or haul out on trailer. Mount on stales steel studs with hex head nuts for easy replacement.

Framing: Shall be framed of at least 3” x 3” x ¼” steel angle, spacing shall be maximum 24” on centers for deck and sides, maximum 18” centers for bottom transverse framing. 16” minimum, on center lengthways. Engine and transmission longitudinal support frames should be heavier/thicker than the other bottom frames and extend beyond the engine and transmission enough to spread the load and be substantial enough to support engine/transmission and associated operating torque.

Bottom framing at running gear (rudders, strut, etc.) to be heavy enough to prevent stress cracks due to wear and tear.

Vent pipes from engine compartment; two (2) 3” pipes turned down (gooseneck style), one (1) front deck and one (1) back deck.

Keel Coolers: At least formed 8” channels, four (4) 10’ runs welded to bottom for keel coolers designed to provide adequate heat exchange for engine

Document Description Page 16 and generator. Chafe protection to be provided at forward ends of outboard cooler channels to protect against the occasional grounding situation.

Stern Kevels: Shall be equipped with minimum of two (2) stern kevels and two (2) Bow, each at least 18” long.

Engine: Tugs shall each be powered by a liquid cooled John Deere model 6068 or 6090 diesel, 6-cylinder engine or approved equal with a minimum 230 hp.

The transmission, prop, and keel cooler shall be matched for optimal efficiency.

Engine shall be mounted on isolators or equivalent. Engine shall be continuous rated to accommodate a 24 hour/7 days with 50-65% full throttle usage. Twin Disc model marine transmission compatible to Engine spec, with appropriate gear ratio equivalent to or better than existing state tugs.

Pilot house instrument panel for engine shall include hour gauge, indications of water temperature, oil pressure, rpm, battery volts. Audible alarms for low oil pressure and high water temperature.

Manual start and shutoff from the outside of engine compartment.

Pilot house instrument panel for generator shall include hour gauge, indications of water temperature, oil pressure, battery volts and generator output. Remote start and stop for generator.

Main Motor: Two (2) 12-volt 900 cranking amp batteries or equivalent in plastic battery boxes with covers meeting ABYC E-10.

Dry exhaust (terminating past top of cab) use S.S. flex pipe to muffler. Components able to be unbolted and bolted for replacement, including flange above deck to allow for removal for highway transport.

Single lever shift and throttle control head. Heavy-duty alternator.

Engine Room: Engine room shall provide aluminum opening deck hatch(es) for maintenance access minimum 5’ long x 4’ wide. Raised trunk at engine room to provide standing/working room around engine minimum 24” above main deck.

Engine room shall be designed to allow complete engine removal hull adequately sized access hatch(s) or with roof/pilot house designed to allow the complete engine removal. Either configuration shall not require any modification to boat, or its components, to allow engine removal. Maximum lifting weight for each engine access hatch shall be 25 lbs. If each hatch’s weight is more than 25 lbs., appropriately sized gas shock lift supports may be provided. Decking and stairs must support 300-lbs. live load.

Engine room shall be equipped with:

Exhaust fans, two (2) each, wet rated: one (1) 12-volt power and one (1) 110-volt power. Install one (1) port and one (1) starboard. Engine compartment shall have vents for proper interior ventilation for personnel. If engine raised trunk is inboard of

Document Description Page 17 sides and thus protected from possible damage sliding windows shall be installed both port and starboard.

Steel walking grates on bottom frames along sides of engine and transmission, extending back to access stairs. Allow easy access to shaft packing gland.

Steel steps with non-skid texture, such as tread grip, open grip or serrated.

Sufficient electric lighting to illuminate engine room.

Fuel System and Tank: Tugs shall be equipped with an approved, minimum capacity, two hundred and fifty (250) gallon fuel tank. Constructed of all 3/16” steel with baffle, vent out on deck, air tested to assure no leaks, provided with braided fuel lines and ½” ball valves on outlets, one (1) to engine, one (1) to genset. Filler and vent to be on outside of hull and deck, at least 15” apart. Fuel hoses should comply with the requirements of SAE J1527 Marine Fuel Hose. Fuel outlets should be on top of tank, not on bottom. Fuel level gauge shall be provided in pilot house.

Provide remote fuel shut off, either by pull cable or by reach rod.

Pumps: Two (2) 12-volt 1750 GPH minimum or multiple equivalents, Bilge pumps with auto float switches, one of which is to be at shaft packing gland sump. Sump will keep packing gland leakage separate from oily bilge water accumulation. Bilge pump outlet flanges to be located as high as possible on sides.

Pilot House: Pilot house shall be insulated and equipped with, but not limited to the following:

Set pilot house forward of engine hatch or make pilot house easily removable or such that access to remove engine does not require modifications to boat or pilot house.

Upper half of pilothouse to be set on bolted flange mating to the flange on lower half to allow for removal of upper half for highway transport. Wiring to upper half to be provided with easily accessible quick disconnects (plug/socket style).

Pilot house dimensions shall be less than hull width allowing comfortable walking access around pilot house or if pilot house is full width of hull, must have two (2) doors, one (1) front one rear.

Doors shall be minimum 24” wide all steel door with steel jamb, lockable, safety glass over upper half. Prefer 36” wide.

House windows are to be aluminum frame with slides to open, mounting flanges bolted to house. Minimum two (2) windows each side 3’ x 3’ each and one (1) front window minimum 4’x 3’ and one (1) similarly sized rear window for 360-degree visibility. Front window within line of sight of pilot shall have 12-volt DC wiper to provide visibility during inclement weather and slanted forward to reduce glare.

Prefer front window to have fixed upper ¾ pane to accommodate wiper and lower ¼ sliding for ventilation. See Wynneinc.com Model 230 as example.

Document Description Page 18

12-volt DC diesel fired heater appropriately sized for the space, with duct work and blower to heat cab and defrost front window. Heat components shall be unobtrusive to the operation of the boat. Examples are Planarheaters.com, Webasto-comfort.com/en-us/heating-solutions and Eberspaecher-na.com.

120-volt AC window or rooftop air conditioner appropriately sized for the space, to cool the cab. Air conditioner components shall be unobtrusive to the operation of the boat.

All coast guard approved running lights, 12-volt dc. 12-volt dc floodlights, one (1) on each forward corner of Pilot house.

Lighted switches for easy access at night. All switches labeled on dash and inline fuses on all circuits. Must provide Electrical plan sheet with all circuits and wires shown. Pilot house and engine room lights require 12-volt and also 110-volt lights in each compartment.

House sandblasted, near white inside and out. Two (2) coats white primer, Kem- Kormik B50, or approved equal, with 631-1609, one (1) coat white epoxy tile clad 11 paint or approved equal, Grey Marine paint.

Dash molded to house, all 3/16” steel, sufficiently sized to accommodate instrument gauges, wheel controls, 12-volt DC and 120-volt AC switches, 12-volt outlets and lighted instrument panels. All to be mounted in dash.

Pilot house set up to include sit-to-drive captain chair (maximum weight capacity available for space (prefer 400 lb. capacity), comfortable, adjustable with height and leg room.

Power Steering System: 24” S.S. destroyer type wheel, power steering with hydraulic pump ran from engine. (Electric power steering systems will not be considered)

Roof on all sides of house shall be extended out beyond house dimension for sun and rain protection.

Insulated walls and ceiling Provide 12-volt DC searchlight

Handrails: Shall be equipped with 1-1/2” steel square tubing handrail, 42” high, and two (2) rungs surrounding boat. Shall be provided with openings on port and starboard sides; 30” from the front of the hull and 30” wide for entrance to boat from ferry barge. Please see Attachment G - Drawings for details.

Rudders: Unit shall be equipped with all steel rudder(s): standard, one (1) main steering rudder sized appropriately for the boat and two (2) flanking rudders.

Rudder(s) to be made of 2” stock with ¼” stiffened plates. Rudder(s) shall provide clearance enough for removing and replacement of the prop without modifications

Document Description Page 19 or removal of the rudders. The department may consider two (2) main dual rudders with or without flanking rudders as an alternate design.

Rudder Tube(s): Easy access rudder tubes of extra heavy-duty pipe, with greaseable fittings as applicable. Or, as an alternative, consider rudder bearings that do not require greasing (Thordon is one manufacturer). Rudder tubes welded thru top deck and bottom hull with steel plate doublers. Rudder tiller arms and jockey bar ½” X 4” Min., ram connected to jockey bar configured to give maximum movement angle port to starboard. Provide tiller stops to eliminate over steering.

Prop: Prop proposed to be 34” x 18” four (4) blade bronze however, it should be sized and tapered appropriately to match engine and transmission in order to provide optimum work performance.

Shaft Tube: Shaft tube shall be thick wall steel with cutlass bearing and standard stuffing box or approved equals.

Skeg: Provide skeg and running gear protection cage made of minimum 4” x 7/8” flat bar, braced from shaft tube to skeg, extend beyond prop and over full width of hull between flat portion of hull bottom extending aft to transom. Shall be constructed to prevent damage from grounding and debris but with minimum effect to performance.

Ferry Barge Hitch: Hitch shall be located on bow and hull reinforced to facilitate pull/push from the front. Boat shall be equipped with a weight balancing system allowing for front hitch set up and for push/pull forces. Hitch shall be adjustable for proper coupling height to barge. Please see attached drawing for hitch details. 12-volt wiring going to the bow at hinge point. This will connect to barge and run the barge’s 12-volt lights. Supply quick connect male and female electric parts.

Onboard Generator: Tug shall be equipped with a diesel generator, compatible and of adequate size to supply tug and ferry barge, at least 6kW, 50 amps. Fuel to be supplied from main fuel tank. Generator to be keel cooled. Generator shall be Non-Kohler brands only. Generator shall be 120-volt minimum 50 amps. Shall be wired to bow at hinge point, male/female all weather quick connects to supply power to barge. Dry exhaust. Electrical connectors shall be supplied for installation on barge side. Unit shall have remote start and hour gauge located in Pilot house.

Generator brand must have a parts/service provider within Kentucky.

Grease Points: All moveable parts shall have easily accessible grease points or be permanently sealed.

Paint: Unit hull interior and voids shall be sand blasted, cleaned and receive two

(2) coats of primer and two (2) coats of epoxy paint. Hull exterior shall be sand blasted near grey and receive two (2) coats of two-part epoxy or marine equivalent.

Deck and all steps shall receive a grey epoxy, tile clad 11, two (2) coats, non-slip surface or equivalent.

Miscellaneous: No GPS, VHF marine radio or radar required.

Document Description Page 20

V. Approvals This Contract is subject to the terms and conditions as stated. By executing this Contract, the parties verify that they are authorized to bind this agreement and that they accept the terms of this agreement.

This Contract may be executed electronically in any number of counterparts, each of which shall be deemed to be an original, but all of which together shall constitute one and the same Contract.

This Contract is invalid until properly approved and executed by the Finance and Administration Cabinet.

1st Party: Grandview Welding & Equipment, Inc., Contracting Agent (“Contractor” or “Vendor”)

Brian Froedge, Owner Date

2nd Party: Kentucky Transportation Cabinet (KYTC), (“the Commonwealth” or “Customer”)

Joseph Plunk, Executive Director Date

Approved by the Finance and…