Final_RFB_605_2000000492_1_SO_FORM.PDF

Document ID: RFB 605 2000000492 Page: 1

Commonwealth of Kentucky

SOLICITATION

Addenda: No Addenda #:

TITLE: Eq Rental Offset Drill w/Op D-7

Date Issued:

2/25/20 Record Date:

2020-02-25

Solicitation Closes Date:

3/17/20 Time:

10:00

Solicitation No:

RFB 605 2000000492

Online Bidding Prohibited: Yes

For Information Call:

Amanda Lewis 502-782-4003

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 2000000492 Page: 2

Line Items

Commodity Group: Default Commodity Group

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

1 State-Offset Drill with Operator 25000.00000 LNFT

Comm Code Comm Description Manufacturer Model # Manuf Part #

97566 Road and Highway Equipment (Not Otherwise Classified) Rental

Extended Description See attached specifications.

This line item shall be used for all work paid using STATE funds.

Brand & Model Bidding:______________________________________________

***IMPORTANT NOTES***

The vendor is NOT required to own all pieces of equipment, but must be able to readily provide each piece on contract when requested.

The vendor must provide detailed specification information with bid submission to allow for verification that the make/model bid meets the required specifications. Failure to include this information with bid may result in the bid being rejected as non-responsive.

2 Federal-Offset Drill with Operator 25000.00000 LNFT

See attached specifications.

This line item shall be used for all work paid using FEDERAL funds. See Section 1.02-Prevailing Wage Rates.

Brand & Model Bidding:______________________________________________

***IMPORTANT NOTES***

The vendor is NOT required to own all pieces of equipment, but must be able to readily provide each piece on contract when requested.

The vendor must provide detailed specification information with bid submission to allow for verification that the make/model bid meets the required specifications. Failure to include this information with bid may result in the bid being rejected as non-responsive.

Document ID: RFB 605 2000000492 Page: 3

3 State-Traffic Control-Vendor Furnish 1300.00000 MNHR

Vendor supplied traffic control for drilled railroad rail drilling operation; Vendor shall provide flagging when requested. If Department provides traffic control, the flagging line item will not be included on the individual Delivery Order. Item includes up to two flaggers for traffic control on the worksite.

Vendor may elect to use temporary traffic signals or portable traffic signals with appropriate signing in accordance with MUTCD. Vendor must also place and maintain appropriate work zone signing, flagger signs, flagger paddles, etc. in accordance with the MUTCD. Flaggers are required to wear appropriate safety equipment and must stay in constant communication with one another. Flaggers must work in accordance with Kentucky Dept of Highways Standard Drawings, in accordance with the MUTCD, and comply with Section 112 of the current Standard Specifications for Road and Bridge Construction at all times. Lane closures will only be permitted during daytime hours unless approved by the engineer. Payment will be made for the total number of man-hours worked for supplied traffic control each day. If vendor supplies portable traffic signals, payment by the man-hour will be based on number of man-hours flaggers would have been utilized instead of portable signals.

This line item shall be used for all work paid using STATE funds.

4 Federal-Traffic Control-Vendor Furnish 1300.00000 MNHR

Vendor supplied traffic control for drilled railroad rail drilling operation; Vendor shall provide flagging when requested. If Department provides traffic control, the flagging line item will not be included on the individual Delivery Order. Item includes up to two flaggers for traffic control on the worksite.

Vendor may elect to use temporary traffic signals or portable traffic signals with appropriate signing in accordance with MUTCD. Vendor must also place and maintain appropriate work zone signing, flagger signs, flagger paddles, etc. in accordance with the MUTCD. Flaggers are required to wear appropriate safety equipment and must stay in constant communication with one another. Flaggers must work in accordance with Kentucky Dept of Highways Standard Drawings, in accordance with the MUTCD, and comply with Section 112 of the current Standard Specifications for Road and Bridge Construction at all times. Lane closures will only be permitted during daytime hours unless approved by the engineer. Payment will be made for the total number of man-hours worked for supplied traffic control each day. If vendor supplies portable traffic signals, payment by the man-hour will be based on number of man-hours flaggers would have been utilized instead of portable signals.

This line item shall be used for all work paid using FEDERAL funds. See Section 1.02-Prevailing Wage Rates.

Document ID: RFB 605 2000000492 Page: 4

5 State-Vendor Furnish Rail Road Steel 13000.00000 LNFT

Vendor to provide used railroad rail. To be completed as stated in the extended description line 1 with the vendor providing the necessary used railroad rail. Use recycled (used) railroad rails classified with a nominal weight of 130 lb/yd (pounds per yard) size or greater. Use only visibly straight recycled rails with no splices. The Engineer will verify rail nominal weights (manufacturer's stamp with lb/yd, date, etc.). Provide certification for nominal weight if the manufacturer's stamp is unidentifiable.

6 Federal-Vendor Furnish Rail Road Steel 13000.00000 LNFT

Vendor to provide used railroad rail. To be completed as stated in the extended description line 1 with the vendor providing the necessary used railroad rail. Use recycled (used) railroad rails classified with a nominal weight of 130 lb/yd (pounds per yard) size or greater. Use only visibly straight recycled rails with no splices. The Engineer will verify rail nominal weights (manufacturer's stamp with lb/yd, date, etc.). Provide certification for nominal weight if the manufacturer's stamp is unidentifiable.

This line item shall be used for all work paid using FEDERAL funds. See Section 1.02-Prevailing Wage Rates.

7 State-Cribbing-Dept Furnish 25000.00000 SQFT

Vendor to install cribbing at slide location as directed by the Engineer. Extend wall cribbing 2 feet to 12 feet as directed by Engineer below the existing ground line. If bedded rock is encountered, install the cribbing to the bedded rock only. The engineer will direct changes if necessary to the procedure.

Vendor to furnish all labor and equipment to deliver and install wall cribbing on the recycled (used) railroad rail piling. Wall cribbing shall be lapped, bolted, and attached solid to the drilled railroad rails. Use wall cribbing: recycled (used) steel "w" beam guardrail shall be supplied by the KY Dept. of Transportation. Bolts, tie wire, welding, etc. needed to make the cribbing panels and attach to the drilled railroad rails will be furnished by the vendor.

The Vendor is responsible for picking up the (used) steel "W" beam guardrail at the local county Maintenance garage. Any unused (used) steel "W" beam guardrail shall be returned to the maintenance garage by the vendor.

Document ID: RFB 605 2000000492 Page: 5

8 Federal-Cribbing- Dept Furnish 25000.00000 SQFT

Vendor to install cribbing at slide location as directed by the Engineer. Extend wall cribbing 2 feet to 12 feet as directed by Engineer below the existing ground line. If bedded rock is encountered, install the cribbing to the bedded rock only. The engineer will direct changes if necessary to the procedure.

Vendor to furnish all labor and equipment to deliver and install wall cribbing on the recycled (used) railroad rail piling. Wall cribbing shall be lapped, bolted, and attached solid to the drilled railroad rails. Use wall cribbing: recycled (used) steel "w" beam guardrail shall be supplied by the KY Dept. of Transportation. Bolts, tie wire, welding, etc. needed to make the cribbing panels and attach to the drilled railroad rails will be furnished by the vendor.

The Vendor is responsible for picking up the (used) steel "W" beam guardrail at the local county Maintenance garage. Any unused (used) steel "W" beam guardrail shall be returned to the maintenance garage by the vendor.

This line item shall be used for all work paid using FEDERAL funds. See Section 1.02-Prevailing Wage Rates.

9 State-Excavation 6000.00000 CUYD

Perform excavation as the slide repair dictates or as directed by the Engineer. Excavate each slide repair area to provide a platform for drilling the used railroad rails, if necessary. Excavate material as directed by the engineer wide enough to place cribbing and enough area for granular backfill. Equipment shall be capable of excavating a vertical trench to install cribbing up to 12 feet in depth from the roadway elevation. Method of excavation shall limit the damage or removal of the existing roadway pavement as much as possible. Excavating equipment bucket size and width shall be adjusted as directed by the engineer to achieve the excavation without damaging the pavement, utilities, drill steel, etc. Do not use excavated material from the site as fill material. Unless directed by the Engineer, excess excavation may be wasted at sites on the right-of-way, only if approved by the Engineer. Material may not be wasted in flood prone areas or in streams. If the Engineer deems no suitable sites are available within the right-of-way, the contractor will be required to waste excess material off the right-of-way at sites obtained by the contractor at no cost to the KY Dept. of Transportation. Excavation will be paid by field measurement.

10 Federal-Excavation 6000.00000 CUYD

Perform excavation as the slide repair dictates or as directed by the Engineer. Excavate each slide repair area to provide a platform for drilling the used railroad rails, if necessary. Excavate material as directed by the engineer wide enough to place cribbing and enough area for granular backfill. Equipment shall be capable of excavating a vertical trench to install cribbing up to 12 feet in depth from the roadway elevation. Method of excavation shall limit the

Document ID: RFB 605 2000000492 Page: 6 damage or removal of the existing roadway pavement as much as possible. Excavating equipment bucket size and width shall be adjusted as directed by the engineer to achieve the excavation without damaging the pavement, utilities, drill steel, etc. Do not use excavated material from the site as fill material. Unless directed by the Engineer, excess excavation may be wasted at sites on the right-of-way, only if approved by the Engineer. Material may not be wasted in flood prone areas or in streams. If the Engineer deems no suitable sites are available within the right-of-way, the contractor will be required to waste excess material off the right-of-way at sites obtained by the contractor at no cost to the KY Dept. of Transportation. Excavation will be paid by field measurement.

This line item shall be used for all work paid using FEDERAL funds. See Section 1.02-Prevailing Wage Rates.

11 State-Backfill 6000.00000 CUYD

Vendor to furnish backfill material. Place Geotextile fabric as directed by the engineer, the geotextile fabric shall be lapped as outlined by the manufacture recommendations and Kentucky Standard Specifications. The geotextile fabric shall wrap the granular backfill to provide separation from all earth embankment. Construct granular embankment behind railroad rails, cribbing and on slope, as per Section 206 of the Kentucky Standard Specifications for Road and Bridge Construction, Current Edition. Backfill material shall be placed and compacted to eliminate voids. Construct embankment up to the approximate existing pavement elevation. Use the following backfill materials: Kentucky aggregate gradation no. 2's / 23's or larger. Backfill material shall meet requirements of Section 805 of the Kentucky Standard Specifications for Road and Bridge Construction, Current Edition. The Engineer will use visual inspection and/or material testing, as applicable to determine acceptability. Geotextile fabric will be furnished by the KY Dept. of Transportation. Vendor to furnish backfill material and labor to install geotextile fabric.

12 Federal-Backfill 6000.00000 CUYD

Vendor to furnish backfill material. Place Geotextile fabric as directed by the engineer, the geotextile fabric shall be lapped as outlined by the manufacture recommendations and Kentucky Standard Specifications. The geotextile fabric shall wrap the granular backfill to provide separation from all earth embankment. Construct granular embankment behind railroad rails, cribbing and on slope, as per Section 206 of the Kentucky Standard Specifications for Road and Bridge Construction, Current Edition. Backfill material shall be placed and compacted to eliminate voids. Construct embankment up to the approximate existing pavement elevation. Use the following backfill materials: Kentucky aggregate gradation no. 2's / 23's or larger. Backfill material shall meet requirements of Section 805 of the Kentucky Standard Specifications for Road and Bridge Construction, Current Edition. The Engineer will use visual inspection and/or material testing, as applicable to determine acceptability. Geotextile fabric will be furnished by the KY Dept. of Transportation. Vendor to furnish backfill material and labor to install geotextile fabric.

This line item shall be used for all work paid using FEDERAL funds. See Section 1.02-Prevailing Wage Rates.

Document ID: RFB 605 2000000492 Page: 7

13 State-Cribbing-Vendor Furnish 25000.00000 SQFT

Vendor to furnish and install cribbing at slide location as directed by the Engineer. Vendor furnished cribbing must be galvanized guardrail, reinforced concrete panels, or equivalent material as approved by the engineer. The cribbing material must be corrosion resistant and be capable of holding backfill material across a span of 3 to 4 feet. Extend wall cribbing 2 feet to 12 feet as directed by Engineer below the existing ground line. If bedded rock is encountered, install the cribbing to the bedded rock only. The engineer will direct changes if necessary to the procedure. Vendor to furnish all labor and equipment to deliver and install wall cribbing on the recycled (used) railroad rail piling. Wall cribbing shall be lapped, bolted, and attached solid to the drilled railroad rails. Bolts, tie wire, welding, etc. needed to make the cribbing panels and attaching to the drilled railroad rails will be furnished by the vendor.

14 Federal-Cribbing-Vendor Furnish 25000.00000 SQFT

Vendor to furnish and install cribbing at slide location as directed by the Engineer. Vendor furnished cribbing must be galvanized guardrail, reinforced concrete panels, or equivalent material as approved by the engineer. The cribbing material must be corrosion resistant and be capable of holding backfill material across a span of 3 to 4 feet. Extend wall cribbing 2 feet to 12 feet as directed by Engineer below the existing ground line. If bedded rock is encountered, install the cribbing to the bedded rock only. The engineer will direct changes if necessary to the procedure. Vendor to furnish all labor and equipment to deliver and install wall cribbing on the recycled (used) railroad rail piling. Wall cribbing shall be lapped, bolted, and attached solid to the drilled railroad rails. Bolts, tie wire, welding, etc. needed to make the cribbing panels and attaching to the drilled railroad rails will be furnished by the vendor.

This line item shall be used for all work paid using FEDERAL funds. See Section 1.02-Prevailing Wage Rates.

Shipping Information Various Shipping

See Extended Description

Various KY

Billing Information KYTC District 11 - Manchester District Office

603 Railroad Avenue

Manchester KY 40962

Document ID: RFB 605 2000000492 Page: 8

Submission Checklist

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

Item Price Response Time

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)

_____ EQUIPMENT SPECIFICATION/PRODUCT LITERATURE

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-Specifications-Commodity

1.00-Specifications of Commodity Furnish (1) modified rotary drill, truck or track mounted; with operator(s) to drill 9-5/8 inch minimum diameter holes in soil and rock; To install Department Furnished or Vendor Furnished Railroad steel up to forty (40) feet in length and weighing 130 Lbs. per linear yard minimum. The length of railroad steel placed shall range from a minimum of 8 feet to a maximum of 40 feet as directed by the engineer. Drill must have rigging and cable to lift entire lengths of rail and place and seat in the bottom of drilled holes.

Drill must be capable of drilling and installing the railroad rails in a double row arrangement in a minimum of 3 foot center to center spacing between the rows and between the rails.

Upon receipt of a delivery order, the Vendor shall schedule an onsite project meeting with the engineer to discuss the project limits, expectations, required shoulder off-set, railroad rail alignment, etc. and to determine if the Department needs to remove overhead obstructions for the drilling equipment.

Vendor must be capable of drilling steel at the proposed alignment established by the Engineer and of a consistent alignment conducive to attachment of cribbing. Drill must be capable of drilling though embankment material and into bedded rock as directed by the Engineer. Vendor must install rails into drilled holes, and must seat rail in the bottom of drill holes to provide firm bearing in the bottom of drilled holes. Drill rig must be configured to offset drill; Drill must reach out (offset) a minimum of 8 (eight) feet from side of drill carrier vehicle to center of drilled hole. Drill rig configuration should minimize protruding into opposing lane of traffic, allowing opposite lane of traffic to remain open as much as possible.

Drilling operations shall not stop traffic continuously for longer than 15 minutes without the express permission of the Engineer. The Vendor may request to place granular material suitable for traffic on the shoulder of the roadway or in the ditch to facilitate traffic at the vendor’s own expense and with the permission of the engineer. Positive drainage along the roadway shall be maintained at all times. Any material placed by the vendor for the maintenance of traffic shall be removed by the vendor prior to leaving the project or a penalty of $500.00 per day will be accessed for each day the additional material is

Document Description Page 9

2000000492 Eq Rental Offset Drill w/Op D-7 http://finance.ky.gov/services/policies not removed. Drill rig must be capable of drilling from either side of carrier. Drill rig must be dependable, safe, and in good working order. “Vendor must abide by Air Quality Requirements outlined in 401 KAR 63:010, fugitive emission regulations” and OSHA's requirement for Workers Protection from Exposure to Respirable Crystalline Silica.

Vendor must supply the operator for the drill truck and supply any site support labor, and miscellaneous support equipment and supplies including acetylene blow torches (or equivalent), chains, hooks, cables etc. Site support labor and equipment includes flame cutting a lifting eye in the end of the rails if needed, attaching chains and cables to railroad rails for pulling with the drill rig. Site support labor and equipment includes cutting off the railroad rails after installation two (2) inches below proposed finished roadway grade established by the Department. Unless vendor supplied railroad steel is used, the Department is responsible for furnishing, delivering, and unloading individual railroad rails up to forty (40) feet in length to the project site.

Unless Vendor Supplied traffic control is used, the Department will provide traffic control and flagging on the worksite. Department may elect to use temporary traffic signals or portable traffic signals with appropriate signing in accordance with MUTCD. Department will also place and maintain appropriate work zone signing, flagging signs, flagger paddles, etc. in accordance with the MUTCD, unless Vendor Supplied Traffic Control is utilized.

Vendor is required to maintain a minimum production rate of eight hundred (800) LF of installed railroad rails per 10 hour work day. Production rate will be not be required on days of adverse weather or unforeseen circumstances at the Departments Discretion. If Vendor breaks down, he may cancel work for the day. If daily production rate is not met, Liquidated Damages will be assessed in the amount of $500 per day.

Payment for drilling will be for the field measured length of railroad rails installed, measured from elevation drilling begins in soil or rock at ground line to installed bottom of railroad rail elevation. Each piece of steel must be measured and marked with total length prior to installation, and the amount protruding above original ground will be subtracted from the total length to establish the lineal foot payment for each hole drilled. Vendor is responsible for cutting off installed rail 2 inches below proposed finish roadway grade established by the Department. The Department will be responsible for removing all cut off pieces of Department Furnished railroad rail from project site and delivering to the State Highway Maintenance Facility in that county. Vendor is responsible for removing all unused cut off pieces of railroad rail from the project vendor supplied rail.

Unless Vendor supplies railroad rails, The Department is responsible for delivering railroad rails to within 500 feet of project site. The vendor is responsible for moving the Department’s furnished railroad rails to the drilling equipment once it is delivered to the project site. The Department is responsible for site preparation, cribbing, cabling and backfill unless these items are vendor supplied as indicated by the delivery order. Payment for drill rig, operator, and site support labor, tools, and equipment is to be included in the per linear foot price for drilled railroad rails.

The equipment and the operator will be under the supervision and subject to the orders of the Transportation Cabinet, who shall direct the time and place for the use of such equipment.

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. Lines 1, 3, 5, 7, 9, 11, and 13, are for state funded projects. Lines 2, 4, 6, 8, 10, 12, and 14, are for federally funded projects. For current rates, visit this website: https://beta.sam.gov/search?index=wd Search for Davis Bacon Act (DBA). Enter State and County, then select Highway.

1.03-Insurance Requirements – ***Revised September 28, 2018. Review carefully.***

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.

Document Description Page 10 https://beta.sam.gov/search?index=wd

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 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-Scope of the Contract

The Kentucky Transportation Cabinet Division of Purchases issues this solicitation on behalf of District 7 Office to award a Master Agreement for: Eq Rental Offset Drill w/Op D-7

2.01-Contract Components and Order of Precedence

The Commonwealth’s acceptance of the offer indicated by the issuance of an Award by the KYTC Division of Purchases shall create a valid Master Agreement consisting of the following:

1. The written Master Agreement 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-Initial Contract Period

The Master Agreement will be for the initial period upon award and will expire March 31, 2021.

2.03-Optional Renewal Period

This Master Agreement may be extended at the completion of the initial contract period for four (4) additional one-year periods. This extension must have the written approval of the vendor and the KYTC Division of Purchases. The Commonwealth of Kentucky reserves the right to renegotiate any terms and/ or conditions as may be necessary to meet requirements for the extended period. The vendor will be

Document Description Page 11

2000000492 Eq Rental Offset Drill w/Op D-7 http://insurance.ky.gov/company http://insurance.ky.gov/company http://www.ambest.com advised of any proposed revisions prior to the renewal periods. In the event proposed revisions cannot be agreed upon, either party shall have the right to withdraw without prejudice from either exercising the option or continuing the contract in an extended period.

2.04-Divisions/Agencies to be Served

This contract shall be for use by the following Divisions/Agencies of the Kentucky Transportation Cabinet:

District 7

No shipments or services are authorized until an official Delivery Order has been fully processed by an authorized agency.

2.05-Quantity Basis of Contract

Any and all quantities mentioned in this solicitation are purely estimates, and are not to be implied nor inferred as being guarantees. The State is obligated to buy only that quantity needed by its agencies during the term of the contract. Requirements may exceed the quantities shown and the contractor will be required to furnish all requirements shown on Delivery Orders dated during the life of the contract.

2.06-Exception to Required Use of Contract

The establishment of this Master Agreement is not intended to preclude the use of similar products when requested by the agency. The Commonwealth of Kentucky reserves the right to acquire large requirements through other competitive processes.

2.07-Basis of Price Revisions

PRICE ADJUSTMENTS: Unless otherwise specified, the prices established by the Master Agreement shall be firm for the contract period subject to the following:

A. Price Increases: A price increase will not be allowed during the first twelve (12) months of the contract.

Only one price increase will be allowed during the contract period. The price increase must be based on industry wide price changes. The contract holder must request in writing a price increase at least thirty

(30) days prior to the effective date, and shall provide firm proof that the price increase(s) is justified. The KYTC Division of Purchases may request additional information or justification. If the price increase is denied, the contract holder may withdraw from the contract without prejudice upon written notice and approval by the KYTC Division of Purchases. Notice of withdrawal must be provided a minimum of forty-five (45) days prior to the effective date however the vendor must continue service at the contract prices until a new contract can be established (usually within sixty (60) days).

B. Price Decreases: The contract price shall be reduced to reflect any industry wide price decreases. The contract holder is required to furnish the KYTC Division of Purchases with notice of any price decreases as soon as such decreases are available.

C. Extended Contract Periods: If the contract provides for an optional renewal period, a price adjustment may be granted at the time the contract is renewed, subject to price increase justification as required “A.

Price Increases”. One (1) additional price increase may be granted during the extended contract period.

This price increase will not be allowed during the first six (6) months of the extended contract period and will be subject to the conditions in “A” above.

2.08-Addition or Deletion of Items or Services

The KYTC Division of Purchases reserves the right to add new and similar items, with the consent of the vendor, to the contract. If an addition is agreeable to both parties, the KYTC Division of Purchases will issue a Modification. Until such time as the vendor receives a Modification, the vendor shall not accept Delivery Orders from any agency referencing such items or services.

2.09-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

Document Description Page 12 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.

2.10-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-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.

2.12-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:

Amanda Lewis Division of Purchases Kentucky Transportation Cabinet Phone: 502-564-4630 E-mail: Amanda.Lewis2@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.

2.13-Response Time

Response at the earliest possible date is desired.

Vendor guarantees a response time of ___________ calendar days following receipt of delivery order.

This contract has the potential for multiple deliver orders be issued at one time, in the event that multiple delivery orders are issued simultaneously, the vendor shall respond within 30 days upon receipt of official Delivery Order and shall work continuously until all official Delivery Orders have been completed.

The Vendor agrees that when delivery 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 delivery 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.

2.14-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

Document Description Page 13 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.

2.15-Invoices

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 Delivery 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.

2.16-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 45.454. 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.

2.17-Vendor’s Report

The vendor(s) may be asked to furnish the KYTC Division of Purchases, a report showing volume which has been sold to the Commonwealth and its using agencies each six (6) months of the contract period.

The report will include political subdivisions and university purchases. This report may be the vendor’s computer printout sheet or form. This shall apply to all items, which are to become a part of this contract.

This report must reference usage by brief description, product number or other format designated by the KYTC Division of Purchases.

2.18-Post Contract Agreements

The Master Agreement 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. 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.

2.19-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 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.

2.20-Assignment

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The vendor shall not assign this Master Agreement in whole or in part to another vendor at any time during the initial or optional renewal terms of the contract, without the consent, guidance and approval of the Commonwealth. Any assignment hereunder entered into, subsequent to the execution of the contract with the prime vendor, must be annotated and approved by the Commonwealth. Any purported assignment without this consent shall be null and void.

2.21-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.

2.22-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.

2.23-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 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

2.24-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.

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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 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.

2.25-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.

2.26-Extension Period

This contract may be extended at the termination of all contract renewal periods for additional time not to exceed 90 days. This extension must be accompanied by the written approval of the vendor and the Division of Purchases

2.27-Extension to Other Agencies

The Division of Purchases reserves the right, with the consent of the vendor, to offer this master agreement to other state agencies who may have need for the product(s) and/or service(s). Each state agency must obtain prior approval from the Finance Cabinet Office of Procurement Services.

If Contracts are used by state agencies other than the Transportation Cabinet, such responsibilities will be assumed by the user agency. All billing and payments for materials/services purchased from an agreement will be directly between the user agencies and Vendors.

2.28-Extension to Political Subdivisions

The Division of Purchases reserves the right, with the consent of the vendor, to offer this master agreement to political subdivisions and local government entities who may have need for the product(s) and/or service(s). Prior approval from the Finance Cabinet is not required.

If Contracts are used by political subdivisions, such responsibilities will be assumed by the user agency.

All billing and payments for materials/services purchased from an agreement will be directly between the user agencies and Vendors.

2.29-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

Document Description Page 16 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.

2.30-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.