Final_RFB_605_1900000748_1_SO_FORM.PDF

Document ID: RFB 605 1900000748 Page: 1 of 4

Commonwealth of Kentucky

SOLICITATION

Addenda: No Addenda #:

TITLE: Ferry Inspection and Preservation - Monroe/Cumberland Co

Date Issued:

6/5/19 Record Date:

2019-06-05

Solicitation Closes Date:

6/26/19 Time:

10:00

Solicitation No:

RFB 605 1900000748

Online Bidding Prohibited: Yes

For Information Call:

Laura Hagan 502-782-3980

Bid Receiving Location:

KYTC Division of Purchases Bid Clerk 200 Mero Street 4th Floor Frankfort KY 40622

Vendor Customer Number:

Vendor Name:

Phone Number:

Fax Number:

Email Address:

Ordering

Address:

City, State, Zip:

Contact Name:

Contact Email:

Contact Phone Number:

Payment

Address:

City, State, Zip:

Contact Name:

Contact Email:

Contact Phone Number:

Ownership Type

__ Sole Proprietorship __ Partnership __ Corporation __ Other_________________________

SIGNATURE OF AUTHORIZED AGENT IS REQUIRED UNLESS RESPONSE

IS SUBMITTED ELECTRONICALLY. FAILURE TO SIGN SHALL RENDER

THE BID INVALID.

Signature X_________________________________________ FEIN#____________________ Date____________

All offers subject to all terms and conditions contained in this solicitation.

Document ID: RFB 605 1900000748 Page: 2 of 4

Line Items

Commodity Group: Default Commodity Group

Line CL Description Quantity UOM Unit Cost Line Total or Contract Amnt

1 Monroe County Ferry Inspection and Preservation

1.00000 LMP

Comm Code Comm Description Manufacturer Model # Manuf Part #

12023 Boats, Over 21 Feet (Including Ferries)

Extended Description This line shall be bid as LUMP SUM for all shall be all compensation for all work performed under the scope of work.

2 Parts - reimbursement for repair parts 1.00000 LMP

Extended Description

DO NOT BID THIS LINE

THIS LINE ITEM SHALL BE PAID AS TOTAL COST OF PARTS for any unforeseen required metal or parts not already under the scope of work.

The price will be modified upon completion of the work based on actual cost of parts. The Commonwealth will only pay the price invoiced to the vendor. Vendor is to provide a copy of their invoice(s) received from their suppliers for any materials used to repair the ferry barge with the invoice for repair.

3 Labor for repairs - hourly rate for repairs 500.00000 HOUR

Extended Description

***THIS LINE ITEM SHALL BE PAID AS HOURLY RATE***

Labor for repairs: shall be full compensation for any unforeseen work outside scope of work. Only those hours actually worked on these activities shall be paid.

The quantity shown is an estimate; the quantity will be modified upon completion of work based on actual number of hours worked.

Shipping Information KYTC District 3 - Monroe Co Maintenance Storage Facility

266 Capp Harlan Road

Billing Information KYTC District 3 - Bowling Green District Office

900 Morgantown Road

Document ID: RFB 605 1900000748 Page: 3 of 4

Tompkinsville KY 42167

Bowling Green KY 42101

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Submission Checklist

The following items will be required to be submitted with bid:

Item Price - 100 points

BID SUBMISSION CHECKLIST

The vendor MUST include the following with the bid submission. If the items below are not submitted with the bid, the Commonwealth MUST deem the bid non-responsive and SHALL NOT be considered for award.

_____ FACE OF SOLICITATION – SIGNED (See Section 3.04)

_____ BID INFORMATION – COMPLETED (See Section 5.00)

All other items MUST be submitted prior to award.

_____ CERTIFICATE OF AUTHORITY – REGISTRATION WITH SECRETARY OF STATE BY FOREIGN

ENTITY (See Section 2.12)

_____ REQUIRED AFFIDAVIT(S) (See Attachments A, B, C, etc. as applicable)

_____ CERTIFICATE OF INSURANCE (See Section 1.03)

PLEASE READ THIS SOLICITATION AND ITS INSTRUCTIONS IN ITS ENTIRETY.

This is a Request for Bid (RFB).

Vendors shall comply with the terms and conditions stated in the solicitation.

Any efforts to negotiate these terms and conditions SHALL NOT be accepted and SHALL cause the bid to be deemed non-responsive.

The General Conditions and Instructions for Solicitations and Contracts shall be incorporated by reference in each solicitation and resulting contract. Therefore, it is the bidder's responsibility to access and read these General Conditions at: http://finance.ky.gov/services/policies scroll down to Procurement Services- Procurement , double click on the file named FAP 110-10-00 General Conditions and Instructions for Solicitations and Contracts or request a copy by contacting the KYTC Division of Purchases buyer named in Section 3.01. Every person submitting a bid to the Commonwealth shall be deemed to have assented to these conditions by the act of bidding.

Section 1 - Scope of Work - Service

The Kentucky Transportation Cabinet Division of Purchases issues this solicitation on behalf of the Highway District 3 to award a one- time contract for: Ferry Barge Inspection and Preservation

1.00 - Specifications of Service Requirements

Ferry Barge Details:

Ferry Barge weight 130,000 pounds Ferry Barge Dimensions are 64ft long 19ft wide and 4ft tall Last inspection and repair June 2014.

Original Paint coating:

Sherwin Williams Industrial & Marine Coating Dura-Plate 235 Multi-Purpose Epoxy Haze Gray Bottom and submerged sections of barge are coated with a 2 part protective epoxy Contractor should make an effort to match existing coating types as close as possible which may differ from original listed.

Contractor must make every effort to match the existing color as close as possible.

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1900000748 Ferry Inspection and Preservation - Monroe/ Cumberland Co of 28

Project Timeline:

Ferry Barge must be removed from the Cumberland River using one of the schedule options (A through E) provided in the table below. Winning bidder must notify KYTC at least 2 week in advance of what scheduling option they will choose. This is to allow plenty of time for public awareness and scheduling to be completed before Ferry is closed and allow the U.S. Coast Guard inspector to schedule inspections of the barge.

*Contractor may propose alternative date options however, they must be pre-approved by KYTC District 3 and shall not include July 4th or 5th or extend beyond 6:00am on August 13th.

Schedule table:

Option Remove barge After 6:00 pm Reopen Barge before 6:00 am

A June 24, 2019 July 4, 2019

B July 12, 2019 July 23, 2019

C July 19, 2019 July 30, 2019

D July 26, 2019 August 6, 2019

E July 30, 2019 August 13, 2019

**U.S. Coast Guard inspector will be on site within three (3) days following any of the “remove barge” dates in the schedule above to do a full inspection of the barge while it is removed from the water. This inspection must be coordinated through KYTC, the Contractor and the U.S. Coast Guard to ensure no contractor activities will disrupt the inspection.

The following Scope of work shall be performed by the contractor in order for KYTC to perform an inspection and preservation work on the Cumberland River Ferry at Turkey Neck Bend:

A. Remove Ferry Barge from the Cumberland River on the Cumberland County side (eastern side) of the Cumberland River. Ferry Barge must be removed using a trailer of some kind. No dragging or using rollers such as pipes will be allowed for removal from water or to place Ferry Barge back in water, this is to protect the painting and repairs that will be done while the Barge is out of water.

B. Contractor is also responsible for all equipment that is required to remove the barge from the river, KYTC will not aid in any way in the removal process. Contractor takes full responsibility for damages and their repair that may occur due to their removal operation.

C. KYTC has measured the length of the concrete ramp that will be used for removing the Ferry Barge from the water. The concrete portion of the ramp is 175 feet long from the joint where concrete meets blacktop on the Cumberland county side of the river.

D. KYTC will require the Ferry Barge to be placed on cribbing and remain in the Ky 214 roadway during this contract. Once Ferry Barge is removed from water it must be cribbed up between 3ft and 4ft off the ground so that adequate accessibility is maintained to perform inspection and any necessary restoration to the bottom side of the Ferry Barge. Safeguards must be in place for visual inspections that take place under the barge.

E. Contractor must power wash the bottom and vertical sides of the Ferry Barge once it is removed from the water to remove all debris from the paint on the barge. U.S. Coast Guard will inspect the coating on the bottom and sides while the barge is out of the water and after power washing has been completed.

Once Powering washing is completed as directed the Contractor will be responsible for removing existing coatings using sandblasting, media blasting, hydro blasting or any other method that will remove existing coating from the entire barge (bottom, sides, top and rails) and expose a bare metal surface to be repainted. Any blast media used or coating that is removed must be contained and prevented from getting into the Cumberland River. For additional environmental data please see the environmental document in this contract. Blasting operations must be coordinated with the U.S. Coast guard inspector so to not interrupt any inspections that are to be done.

Document Description Page 5

F. Contractor will be responsible for replacing approximately 38’ long wearing plates along ramp ends.

Wearing plates are approximately 9” X 19’ each and shall be T-1 Steel. Existing plates are to be removed and ramp metal shall be prepared for welding on new plates. Prior to or after welding the plate to the ramp the leading and trailing edges of the new wearing plate shall be mitered to keep from having a sharp edge where plate meets the pavement surface.

G. Contractor shall also remove and install a new standard goose neck hitch matching same dimensions of the existing at the connection arm of the barge where it couples to tugs. Contractor shall confirm hitch type and sizes prior to ordering.

H. Contractor shall remove and replace 12 manway hatch seals. Manway hatches are approximately 18” in diameter however contractor shall obtain seal type and sizes prior to ordering. Manway hatches and their seal seat openings shall be sanded, painted, and prepared to accept the new seals to provide a water tight seal as well as sit flush once closed.

I. Contractor shall remove existing ¾” ramp cables and clamps with new cables of same. Cables are approximately 33’ at all four corners giving total length of 132’+- as necessary for proper clamping.

J. If deemed necessary by the state department and or the U.S. Coast Guard, Contractor shall repair any dent or hole locations by removing any rust areas back to good metal and welding a plate making an overlap of a minimum 6” from edge of damaged area or any weld seams the plate crosses or to the satisfaction of the U.S. Coast Guard.

K. If deemed necessary by the state department and or the U.S. Coast Guard, Contractor shall repair broken, lack of fusion, undercut, or insufficient welds found to be inadequate. All welds shall be water tight and to the satisfaction of the U.S. Coast Guard.

L. Once the Ferry Barge has been cleaned to bare metal the Contractor will be responsible for repainting the bottom and sides of the Ferry Barge using a 2 part Coal Tar epoxy OR other coating approved by KYTC that is capable of being submerged in water and able to withstand conditions in the Cumberland River. Coating can be from the manufacture of the contractor’s choice as long as it meets the warranty requirements listed below.

M. Contractor will also be responsible for repainting the rails of the barge with a Safety Yellow color that is durable and acceptable to be exposed to the weather.

N. Contractor must also coat the deck surface of the barge with a coating that is appropriate for foot and vehicle traffic and matches the existing color of the Barge mentioned in the proposal above as closely as possible.

O. Contractor shall be responsible for providing all materials that are required for the new coating. All recoating activities can only take place once any repairs have been made required by the state or the U.S. Coast Guard that will require recoating (such as welding) or that could damage the new coating on the Ferry Barge.

P. Contractor must provide a 5 year materials warranty for the coatings that are placed on the barge. If manufactures cure time requires that the barge be left out of the water for more than the 10 day windows provided above to ensure that the materials warranty is honored no liquidated damages will be filed against the contractor for proper cure time to be achieved.

Q. Contractor must assume full responsibility for the Ferry barge for the entire duration of it being out of the water. This includes from the time that it is loaded onto their trailer, while it is cribbed up and being worked on in the KY 214 roadway and until it is floating on its own when returned to the Cumberland River after all preservation work has been performed. Any damages to barge during this time will be full responsibility of contractor to repair at no cost to the State department.

R. KYTC will have a representative on site 24 hours a day to ensure that Ferry Barge and contractors equipment is under constant surveillance. The Roadway leading the ferry barge will also be closed during this contract to the traveling public. KYTC will not be responsible for any type of vandalism that occurs to the contractor’s equipment.

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1900000748 Ferry Inspection and Preservation - Monroe/

Environmental documents:

SPECIAL NOTE FOR MUSSEL BEDS IN THE CUMBERLAND RIVER

The Cumberland River is a six order stream at the project location and is within the Upper Cumberland River drainage basin. At the project location, the Cumberland River is designated as a Cold Water Aquatic Habitat by the Kentucky Division of Water. The Cumberland River in Monroe County has potential to provide habitat to threatened and/or endangered mussel species. To further promote the prevention of any adverse affects to mussel species, in the event of debris or chemical runoff entering the stream either during removal, application, or while waste is being transported off-site, the contractor will notify the Kentucky Division of Water, the Kentucky Department of Fish and Wildlife Resources, and the U.S. Fish and Wildlife Frankfort Field Office of the incident and proper course will be taken to assess the amount of debris/chemical runoff and its impact to the quality of the Cumberland River. The contractor will be solely responsible for potential impacts to the waterway. These conditions will apply to the full scope ow work.

The contractor will also include in their Environmental Compliance Plan the requirement to contact said agencies in the event of debris or chemical runoff entering the Cumberland River.

Line Items:

1. Monroe county ferry inspection item on contract, paid by lump sum, shall be all compensation for all work performed under the scope of work

2. Parts: shall be full compensation for any unforeseen required metal or parts not already under the scope of work.

3. Labor for repairs: shall be full compensation for any unforeseen work outside scope of work. Only those hours actually worked on these activities shall be paid.

1.01 - Federal Language

Federal funds will 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.

1.02 – Prevailing Wage Rates

Legislation was passed in 2017 repealing Kentucky Statutes on state prevailing wage requirements.

Prevailing Wage Rates do still apply to federally funded projects. Please see attachments for current rates in each applicable locality.

1.03 - Insurance Requirements

The successful bidder shall be responsible for maintaining this coverage through the entire contract term:

1. Contractor’s General Liability Insurance with limits of liability of $1,000,000.00 per occurrence.

2. Kentucky worker's compensation insurance in accordance with the requirements of KRS 45A.480 and KRS Chapter 342.

The successful bidder shall furnish an ACORD Certificate within ten (10) days of notice of intent to award with:

A. The certificate holder listed as:

Kentucky Transportation Cabinet Division of Purchases 4th Floor East 200 Mero Street

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1900000748 Ferry Inspection and Preservation - Monroe/

Frankfort, KY 40622

B. The Endorsement indicating the Commonwealth and its agents as an Additional Insured for the contract resulting from this solicitation.

C. The contract number in the Description of Operations box.

Failure to furnish said certificates or to indicate the contract number shall be grounds for cancellation of the contract.

The successful bidder shall provide an up-to-date copy of the certificate upon renewal of the policy.

Failure to do so shall result in cancellation of the contract.

The insurance shall be endorsed to state that coverage shall not be suspended, voided, cancelled by either party, reduced in coverage limits, except after thirty (30) days prior written notice by certified mail, return receipt requested, has been given to the agencies.

The insurance coverage shall be in compliance with the laws of the Commonwealth of Kentucky and shall be placed with a licensed resident or non-resident agent who represents insurance companies authorized to do business in Kentucky. A list of authorized companies can be found at http://insurance.ky.gov/ company. Failure to meet this requirement may result in the bid being deemed non-responsive.

The insurer shall have an AM Best rating of B+ or higher. Visit www.ambest.com for verification. Failure to meet this requirement may result in the bid being deemed non-responsive.

Section 2 - Terms and Conditions of the Contract

2.00 - Executed Contract

The Contractor shall not deliver any items until a valid Contract has been fully executed. The Contract shall represent the entire agreement between the parties. 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.

2.01 - Contract Components and Order of Precedence

The Commonwealth’s acceptance of the offer indicated by the issuance of a Contract Award by the KYTC Division of Purchases shall create a valid Contract between the Parties consisting of the following:

1. The written Contract between the Parties;

2. Any Addenda to the Solicitation;

3. Any provisions of the Solicitation and all attachments thereto;

4. The Bidder’s response to the Solicitation, and

5. The Kentucky Revised Statutes KRS 45A.

In the event of an inconsistency between provisions of the solicitation, the inconsistency shall be resolved by giving precedence in the following order: (a) the Specifications; (b) other provisions of the Solicitation, whether incorporated by reference or otherwise; (c) Contract or Master Agreement Terms and Conditions;

(d) FAP 110-10-00 – General Conditions and Instructions for Solicitations and Contracts.

2.02 - Changes and Modifications to the Contract

During the period of the contract, a modification shall not be permitted in any of its conditions and specifications, unless the contractor receives electronic or written approval from the KYTC Division of Purchases. If the contractor finds at any time that existing conditions make modification in requirements

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1900000748 Ferry Inspection and Preservation - Monroe/ necessary, the contractor shall report the matter promptly to the KYTC Division of Purchases for consideration and decision. All contract modifications shall be subject to the provisions of 200 KAR 5:311.

2.03 - Basis of Shipment

Quotations of unit prices on this solicitation shall be F.O.B. Destination Freight Prepaid and Allowed to the receiving agency. The vendor shall be fully responsible for all shipments and freight charges involved to the ordering agency. The responsibility for filing freight claims lies with the vendor.

2.04 - Notices

The Division of Purchases Buyer identified below shall be the sole point of contact throughout the procurement process. All communications, oral and written (regular, express, or electronic mail) concerning this procurement shall be submitted to:

Laura Hagan, CPPO, CPPB Division of Purchases Kentucky Transportation Cabinet Phone: 502-782-3980 E-mail: Laura.Hagan@ky.gov

From the issue date of this solicitation until a Contractor(s) is selected and the selection is announced, Offerors are not permitted to communicate with any Commonwealth staff concerning this solicitation

After the award of a contract, all programmatic communications are to be made to the Agency Contact Person identified in the contract document with a copy to the Division of Purchases Buyer.

After the Award of a contract, all communications of a contractual or legal nature are to be made to the KYTC Division of Purchases Buyer.

2.05 – Completion

See Section 1.00 for project timeline.

The Vendor agrees that when completion/response is not made within the contracted due date, one percent (1%) per day shall be deducted from the Vendor’s invoice for each day the Vendor fails to meet the contracted completion date.

The Vendor is not responsible for, and shall not be penalized for delays in its delivery when caused by factors or events outside Vendor’s control, including but not limited to acts or omissions of the Commonwealth or third parties, acts of civil or military authority, civil disturbance, war, terrorism, pandemics, explosions, fire, floods, tornadoes or other natural disasters or acts of God.

2.06 - Inspection

All supplies, equipment and services shall be subject to inspection or tests by the Commonwealth prior to acceptance. In the event supplies, equipment or services are defective in material or workmanship or otherwise not in conformity with specified requirements, the Commonwealth shall have the right to reject the items or services or require acceptable correction at the vendor’s expense.

2.07 - Invoices

Document Description Page 9

1900000748 Ferry Inspection and Preservation - Monroe/ Cumberland Co mailto:Laura.Hagan@ky.gov

Invoices, if required, shall be prepared and transmitted to the agency receiving the goods or services.

One copy shall be marked "original" unless otherwise specified. Each invoice shall contain at least the following information:

a. Contract and order number;

b. Item numbers;

c. Description of supplies or services;

d. Sizes;

e. Quantities;

f. Service dates;

g. Unit prices; and

h. Extended totals.

2.08 - Payments

The vendor shall be paid, upon the submission of proper invoices to the receiving agency at the prices stipulated for the supplies delivered and accepted, or services rendered. Unless otherwise specified, payment will not be made for partial deliveries accepted. Payments will be made within thirty (30) working days after receipt of goods and vendor’s invoice in accordance with KRS 45.453 and KRS 45.45A. A penalty payment of one percent (1%) per month shall be added to the amount due the vendor for each full or partial month that the payment exceeds 30 working days.

2.09 - Post Contract Agreements

This contract will constitute the entire agreement between the State and awarded contractor. Unless contractually provided, the Commonwealth shall not be required to enter into nor sign further agreements, leases, company orders or other documents to complete or initiate the terms of the contract. Any such documents so obtained will be non-binding on the State and be cause for breach of contract.

2.10 - Reduction in Contract Worker Hours/Employee Furlough

The Kentucky General Assembly may allow for a reduction in contract worker hours in conjunction with a budget balancing measure for some professional and non-professional service contracts. If under such authority the agency is required by Executive Order or otherwise to reduce contract hours, the contract will be reduced by the amount specified in that document. The reduction of hours may be applicable to those contract workers that provide a service in state government buildings on a regularly scheduled basis, such as janitorial, security guard, mailing services, and food services. These services will be reduced in hours only in those circumstances where the buildings will be closed. A notification will be sent to the contract holder in advance of any scheduled reduction in contract hours.

2.11 - Termination of Contracts

A contract may be terminated for default by the vendor, for the convenience of the Commonwealth, or for lack of appropriation in accordance with 200 KAR 5:312.

2.12 - Endorsements

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.

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2.13 - Registration with the Secretary of State by a Foreign Entity.

Pursuant to KRS 45A.480(1)(b), an agency, department, office, or political subdivision of the Commonwealth of Kentucky shall not award a state contract to a person that is a foreign entity required by KRS 14A.9-010 to obtain a certificate of authority to transact business in the Commonwealth (“certificate”) from the Secretary of State under KRS 14A.9-030.

For all foreign entities required to obtain a certificate of authority to transact business in the Commonwealth, if a copy of the certificate is not received within the time specified by the Division of Purchases, the foreign entity’s solicitation response may be deemed non-responsive.

If the foreign entity is not required to obtain a certificate as provided in KRS 14A.9-010, the foreign entity should identify the applicable exception in its solicitation response. Foreign entity is defined within KRS 14A.1-070.

Vendors are required to remain in active status and good standing during the life of the contract.

Businesses can register with the Secretary of State at https://secure.kentucky.gov/sos/ftbr/welcome.aspx

2.14 - Discrimination:

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.

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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 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.

2.15 - Kentucky Sales and Use Taxes

Sales of tangible personal property or services to the State of Kentucky and its agencies are not subject to state sales or use taxes.

2.16 - Subcontracts

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.

The vendor shall notify the Commonwealth of any planned use of subcontractors in regards to the resulting contract. If the KYTC Division of Purchases is provided evidence of the vendor making such an arrangement without submitting the proper information prior to use of the subcontractor, the contract may be cancelled immediately.

All payments will be made directly to the contracted vendor. It is the vendor’s responsibility to make payment to the subcontract. Payments shall not be made to the subcontractor by the Commonwealth.

Subcontractors having nonpayment issues that could not be resolved with the Vendor, should report in detail these incidents to the buyer of record for this solicitation.

The Vendor shall ensure that all contractors or subcontractors comply with all applicable Federal, State, and Local laws, regulation, mandates, and terms of this solicitation and resulting contract.

2.17 - Service Performance

All services performed under contract shall be in accordance with the terms and conditions of the contract. It will be the agency’s responsibility to ensure that such services rendered are performed and are acceptable.

The relationship between the State and the Contractor is that of client and independent Contractor. No agent, employee, or servant of the Contractor or any of its subcontractors shall be or shall be deemed to be an employee, agent, or servant of the State for any reason. The Contractor will be solely and entirely responsible for its acts and the acts of its agents, employees, servants and subcontractors during the performance of this Contract.

Deviations of services performed will not be made without the written approval of the KYTC Division of Purchases. Problems that arise under any aspect of performance should first be resolved between

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1900000748 Ferry Inspection and Preservation - Monroe/ the vendor and the agency. If such problems and/or disagreements cannot be resolved they should be referred to the KYTC Division of Purchases for mediation.

2.18 - Access to Records

The contractor, as defined in KRS 45A.030 (9) 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 contract for the purpose of financial audit or program review. Records and other prequalification information confidentially disclosed as part of the bid process shall not be deemed as directly pertinent to the contract and shall be exempt from disclosure as provided in KRS 61.878(1)(c). 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.

2.19 - Records Retention

The Finance and Administration Cabinet may inspect the place of business of the Vendor or any sub Vendor under the master Agreement contract awarded or to be awarded by the Commonwealth. In accordance with KRS 45A.150, the Finance and Administration Cabinet may audit the books and records of any person who has submitted cost or pricing data under KRS 45A.120 at any time until three years from the date of final payment under the prime contract, and by any subcontractor for a period of three years from the date of final payment under the subcontract. Such books and records shall be maintained by the contractor for a period of three years from the date of final payment under the contract and by any subcontractor for a period of three years from the date of final payment under the subcontract. The Finance and Administration Cabinet shall be entitled to audit the books and records of a contractor or any subcontractor under any negotiated contract or subcontract other than a firm fixed-price type contract, provided, however, that this provision shall not limit the right to audit stated above. Such books and records shall be maintained by the contractor for a period of three years from the date of final payment under the prime contract and by the subcontractor for a period of three years from the date of final payment under the subcontract. The contractor shall place such the same audit requirement in any agreement it may have with a subcontractor under this contract.

2.20 - Governing Law

This Contract shall be governed by and construed in accordance with the laws of the Commonwealth of Kentucky and any litigation with respect to this Contract shall be brought in state or federal court in Franklin County, Kentucky in accordance with KRS 45A.

Section 3 - General Information

3.00 - Issuing Office

The Division of Purchases is the only office authorized to change, modify, amend, alter, or clarify the specifications, terms and conditions of this RFB.

3.01 - Restrictions on Communications

The Division of Purchases contact named below shall be the sole point of contact throughout the procurement process. All communications, oral and written (regular mail, express mail, electronic mail, or fax), concerning this procurement shall be addressed to:

Laura Hagan, CPPO, CPPB Division of Purchases Kentucky Transportation Cabinet

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1900000748 Ferry Inspection and Preservation - Monroe/

Phone: 502-782-3980 E-mail: Laura.Hagan@ky.gov

From the issue date of this RFB until a Contractor(s) is selected and the selection is announced, Offerors are not allowed to communicate with any Commonwealth Staff concerning this RFB except:

(a) The sole point of contact cited in this RFB; or

(b) Via written questions submitted to the sole point of contact

Potential bidders should clearly understand that any verbal representations made or assumed to be made during any oral discussions held between representatives of potential bidders and any State employee or official are not binding on the Commonwealth of Kentucky.

The Commonwealth reserves the right to reject the bid response for any violation of this provision.

This provision does not preclude bidders who presently hold contracts with the Commonwealth from communicating with state agencies regarding existing contracts.

3.02 - Schedule of RFB Activities

The following schedule presents the major activities associated with the RFB distribution, written questions, and bid submission. The Commonwealth reserves the right at its sole discretion to change the Schedule of Activities, including the associated dates and times.

Deadline for written questions

All questions shall submitted in writing by the date and time specified.

No questions shall be accepted after the date/time listed unless the question(s) is considered material to the procurement. Oral questions will not be accepted at any time except for bid procedural clarifications. The Commonwealth will respond to salient questions in writing by issuing an Addendum to the Solicitation.

June 10, 2019 by 4:30pm

Commonwealth’s response to written questions

The Addendum shall be posted to the Commonwealth’s e-Procurement web site.

June 12, 2019

Bids due by 10:00 AM

Notice to Vendors:

All bidders are cautioned to be aware of the security in the Transportation Office Center located at 200 Mero Street in Frankfort, KY. All bids shall be time-stamped in the Division of Purchases no later than the due date and time defined in this Solicitation. In-person or courier delivered bids in response to this Solicitation should be delivered to the 4th Floor, East. Delays due to building security checks shall not be justification for acceptance of a late bid.

See page 1 for Closing Date.

Tentative Award Date June 21, 2019

NOTE: All times referenced are Eastern Time Zone

3.03 - Access to Solicitation and Solicitation Addenda

The Commonwealth wants each prospective Offeror to have full and complete information on which to base a bid response. Only information presented or referred to in this RFB and any additional written

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1900000748 Ferry Inspection and Preservation - Monroe/ Cumberland Co mailto:Laura.Hagan@ky.gov information that is supplied by the Division of Purchases shall be used by Offerors in preparing a response to this RFB.

The Solicitation and any Addenda shall be posted to the e-Procurement web site at HYPERLINK "https://emars311.ky.gov" .

To view/download Solicitation documents from the Kentucky Vendor Self Service site

Please note: It is not necessary to register to access the solicitations. Unregistered vendors can access the solicitations by clicking on guest access.

Step 1 - Click Guest Access- located on the left of the screen, You will be taken directly to list of solicitations organized by closing date.

Step 2 – Keyword Search - Vendors can use the keyword field search to narrow your search. Type in keyword and click the advanced search button, select status open then click the go button or click the next button to page through all the open solicitations.

Step 3 - Click the details button under the RFB/RFP document number

Step 4 - Click the Attachments tab to see all attachments related to that particular solicitation document

Step 5 - Click the link for each file name, a new window will appear, click open to open/view the file. Once the file opens, click the print icon to print that file attachment. Close that file attachment then repeat steps to open and print each different file attachment. It is the vendor’s responsibility to view and/or print all file attachments for a solicitation document.

Please note: some solicitations may have multiple file attachments.

Check this web site periodically for any updates that may be posted to the Solicitation. It is the responsibility of the vendor to obtain copies of all information and forms.

3.04 - Bid Submission Requirements

On the Solicitation front page, complete the boxes for the vendor information including the ordering and payment addresses.

FAP 110-10-00-04 (c) requires that every paper bid is signed by an agent of the firm, shall be filled out in ink or typewritten, and “signed in ink in the space provided on the Solicitation.”

Photocopies of the filled out bid documents that contain copies of signatures but do not contain an ink signature will not meet this requirement.

Vendors shall submit one (1) signed original of the solicitation response under sealed cover, which shall be received no later than the date and time indicated on the face of this solicitation. Any response received after this date and time shall be rejected and returned unopened to the Bidder. Any response not under sealed cover shall be rejected.

The Commonwealth defines SEALED as “a closure that must be broken to be opened and that thus reveals tampering”. (Merriam-Webster Dictionary, http://www.merriam-webster.com/dictionary/seal)

A bidder shall identify their response to a solicitation on the response envelope for a hard copy bid. Any response not sufficiently identified on the sealed cover, requiring it to be opened for identification, shall be rejected.

Bid Responses shall be addressed and submitted to:

BID CLERK

KENTUCKY TRANSPORTATION CABINET

DIVISION OF PURCHASES – 4TH FLOOR

200 MERO STREET

FRANKFORT KY 40622

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1900000748 Ferry Inspection and Preservation - Monroe/

The outside cover of the package containing the Bid Response shall be marked with:

NAME OF SOLICITATION

SOLICITATION NUMBER

NAME OF VENDOR SUBMITTING RESPONSE

CLOSING DATE

Fax Bid Response copies and Electronic Bid Responses are NOT acceptable for this RFB and shall be considered non-responsive.

Include in bid response, any Addenda, and all Attachment Forms included in this solicitation.

All bids shall remain valid for a minimum of ninety (90) calendar days after the bid closing date.

3.05 - Acknowledgment of Addenda to Solicitations

It is the vendor's responsibility to check the web site for any modifications to this solicitation. Vendors are encouraged to acknowledge each addendum by signing and submitting the latest addendum with their response. However, signing the face of the solicitation as indicated above constitutes the vendor’s acknowledgement of and agreement to be bound by the terms of all addenda issued.

Failure to specifically acknowledge addenda will not excuse the vendor from adhering to all changes to the requirements of the solicitation set forth therein nor provide justification for any pricing changes.

3.06 - Modification or Withdrawal of Bids

An offer may be modified by electronic or facsimile notice, if notice is received prior to the hour and date specified for receipt of offers. An electronic or facsimile modification shall not mention unit prices or total price; but shall only refer to percentage change or numerical change.

An offer may be modified or withdrawn by electronic or written notice received prior to the hour and date specified for receipt of offers. An offer may also be withdrawn in person by an offeror or his authorized representative, if his identity is made known and he signs a receipt for the offer, but only if the withdrawal is made prior to the hour and date set for receipt of offers.

3.07 - E-Procurement Award Notification

To view the Award of Contract(s) and the Contractor(s) receiving the Award(s) for a Solicitation, access the Kentucky Vendor Self Service site at https://emars311.ky.gov

Step 1 - Click Guest Access- located on the left of the screen. You will be taken directly to list of solicitations organized by closing date.

Step 2 - Vendors can search for the solicitation title or number in the keyword search field, or can filter their search by only awarded solicitations by clicking on Advanced Search and changing the Status to Awarded.

Step 3 - The Award(s) information can be accessed by clicking on the Details button of the solicitation and clicking the Notice of Award tab. To see all bidders’ pricing click on the Public Bid Reading tab. The Public Bid Reading Tab will not be visible until the buyer has finalized the evaluation and an award has been made.

3.08 - Vendor Terms and Conditions

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1900000748 Ferry Inspection and Preservation - Monroe/

Solicitation or quotation forms that include terms and conditions not in conformity with the terms and conditions of this solicitation or the Statutes of the Commonwealth of Kentucky may be deemed non-responsive.

The Commonwealth of Kentucky shall not be bound by any part(s) of the bidder’s response to this solicitation that contains information, options, conditions, terms, or prices neither requested nor required in the solicitation. In the event of any conflicts between the specifications, terms and conditions indicated by the Commonwealth and those indicated by the contractor, those of the Commonwealth take precedence. The contract supersedes all bids or other prior agreements, oral or written, and all other communications between the parties relating to this subject.

3.09 – Specifications

This solicitation specifies requested items. It is not the intention of this solicitation to eliminate vendors or manufacturers of similar or equal equipment of the types specified. It should be noted, however, that these requested items are written around specific needs of State agencies. The Commonwealth reserves the right to consider bids non-responsive if they do not comply with the specifications contained herein.

3.10 – Exceptions to Specifications

Vendors are cautioned that changes made to the solicitation other than in the designated fields for response shall render the response invalid and result in a non-responsive bid. Otherwise, it will be considered that items offered are in strict compliance with these specifications, and the successful bidder shall be held responsible for delivering materials that meet these specifications. Any exceptions shall be marked as such within the body of the bid and explained on a separate page. The Commonwealth is not bound to accept any exceptions.

3.11 – Alternate Brands/Specifications

Unless otherwise specified, brands and specifications referenced in this solicitation are meant to establish a minimum standard of quality only. Bidders may bid brands/specifications they consider to be equal by specifying the brand(s)/specifications and inserting the brand name(s), model number(s), etc. on which they are bidding. Bids offering “equal” products/specifications will be considered for award if such products are clearly identified in the bid and are determined by the State to meet or exceed fully the minimum essential specifications and salient characteristics referenced in the Solicitation. Bids that contain products/specifications that fail to meet the minimum essential requirements shall be deemed non-responsive.

Bidders who propose alternate brands/specifications should enclose descriptive literature with their bids so that the equality can be verified. Failure to enclose sufficient literature may result in a non-responsive bid. If the brands are not changed, the contract will be written accordingly and the successful bidder shall be required to deliver the brands/specifications stated in the solicitation.

3.12 - Equipment

Unless otherwise indicated in the bid, it is understood and agreed that any item offered or shipped on this bid shall be new and the latest or current model year and be in first class condition. Any unit failing to meet the foregoing requirements shall be returned to the contractor, at their expense, and replaced with a new unit.

The Commonwealth recognizes rapid advancement of technology. If the bidder can provide new equipment of advanced technology after the award of contract, the Commonwealth and bidder may choose by mutual agreement to install such equipment. The price of the new technology equipment cannot exceed the cost of the award contract.

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3.13 - Recycle Requirements

Prospective bidders are required to comply with Recycle Requirements for the purchase of goods, supplies, equipment, materials and printing with a minimum recycled content to the extent practicable per 200 KAR 5:330. This regulation can be viewed on the Internet at <http://www.lrc.state.ky.us/ kar/200/005/330.htm>.

Section 4 - Procurement Process and Requirements

4.00 - Rules of Procurement

The General Conditions and Instructions for Solicitations and Contracts shall be incorporated by reference in each solicitation and resulting contract.