Final_RFB_605_2200000301_1_SO_FORM.PDF

Document ID: RFB 605 2200000301 Page: 1

Commonwealth of Kentucky

SOLICITATION

Modification: No Version #:

TITLE: Eq Rental w/Operator D-8 FHWA ER Eligible

Date Issued:

11/24/2021 Record Date:

2021-11-24

Solicitation Closes Date:

12/15/21 Time:

13:30

Solicitation No:

RFB 605 2200000301

Online Bidding Prohibited: No For Information Call:

Amanda Lewis 502-782-4003

Bid Receiving Location:

Bid Receiving

See Terms & Conditions for Bid Submission Instructions

Other KY

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 2200000301 Page: 2

Line Items

Commodity Group: Default Commodity Group

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

1 Medium Excavator w/Operator FHWA ER Eligible

2940.00000 HOUR

Comm Code Comm Description Manufacturer Model # Manuf Part #

97534 Earth Moving Equipment (Graders, Dozers, Loaders, etc.) Rent

Extended Description ***ONLY ONLINE BIDS WILL BE ACCEPTED FOR THIS RFB.*** Emailed and hard copies delivered by any method WILL NOT BE ACCEPTED.

See attached document "How to Respond to an Online Bid through the Kentucky Vendor Self Service site (updated).pdf".

Please enter contact person, phone number and email in the Comments Section.

Excavator must be minimum 145 HP, diesel powered, have a minimum 25 FT Boom, and minimum 46,000 lbs. operating weight. To have bucket, toothed rock bucket, hydraulic thumb attachment or grapple attachment available for use.

Vendor must include the manufacturer and model # for each piece of equipment bid. During the evaluation process, vendor will be asked to provide specifications for the models listed to allow for verification that the equipment meets the required specifications.

Manufacturer and Model # ______________________________________________

2 Excavator w/long reach boom and Operator FHWA ER Eligible

1.00000 HOUR

Excavator must be minimum 140HP, diesel powered, have a minimum 50FT Boom, and minimum 48,000 lbs. operating weight. To have bucket, toothed rock bucket, hydraulic thumb attachment or grapple attachment available for use.

Vendor must include the manufacturer and model # for each piece of equipment bid. During the evaluation process, vendor will be asked to provide specifications for the models listed to allow for verification that the equipment meets the required specifications.

Document ID: RFB 605 2200000301 Page: 3

3 Medium Hammer/Hoe Ram/Breaker FHWA ER Eligible

7.00000 HOUR

Medium Hammer/Hoe Ram/Breaker must be minimum 4,000 ft/lbs (energy class). To be used with line item 1.

Vendor must include the manufacturer and model # for each piece of equipment bid. During the evaluation process, vendor will be asked to provide specifications for the models listed to allow for verification that the equipment meets the required specifications.

4 Hammer/Hoe Ram/Breaker Long Reach FHWA ER Eligible

Hammer/Hoe Ram/Breaker must be a minimum 300 ft/lbs (energy class). To be used with line item 2 or line item 12.

Vendor must include the manufacturer and model # for each piece of equipment bid. During the evaluation process, vendor will be asked to provide specifications for the models listed to allow for verification that the equipment meets the required specifications.

5 Small Tree Mulching Attachment FHWA ER

480.00000 HOUR

Tree Mulching attachment must have a minimum 24 inch cutting width and a minimum 90 degree tilt mount. To be used with Line item 1.

Vendor must include the manufacturer and model # for each piece of equipment bid. During the evaluation process, vendor will be asked to provide specifications for the models listed to allow for verification that the equipment meets the required specifications.

Document ID: RFB 605 2200000301 Page: 4

6 Medium Tree Mulching Attachment FHWA

Tree Mulching attachment must have a minimum 36 inch cutting width and a minimum 90 degree tilt mount. To be used with line item 1 or line item 2.

Vendor must include the manufacturer and model # for each piece of equipment bid. During the evaluation process, vendor will be asked to provide specifications for the models listed to allow for verification that the equipment meets the required specifications.

7 Dump Truck w/Operator FHWA ER Eligible 9143.00000 HOUR

Tandem Dump Truck must be minimum 350HP, minimum 16ft bed, and for on Highway use.

Vendor must include the manufacturer and model # for each piece of equipment bid. During the evaluation process, vendor will be asked to provide specifications for the models listed to allow for verification that the equipment meets the required specifications.

8 Articulated Truck w/Operator FHWA ER

Articulated truck must be minimum 25 ton and be minimum 4 wheel drive.

Vendor must include the manufacturer and model # for each piece of equipment bid. During the evaluation process, vendor will be asked to provide specifications for the models listed to allow for verification that the equipment meets the required specifications.

Document ID: RFB 605 2200000301 Page: 5

9 Small Dozer/Crawler w/Operator FHWA ER

1970.00000 HOUR

Crawler must be minimum 60 HP, diesel engine, minimum 15,000 lbs. operating weight, equipped with an angle/tilt and corner cutting blade.

Vendor must include the manufacturer and model # for each piece of equipment bid. During the evaluation process, vendor will be asked to provide specifications for the models listed to allow for verification that the equipment meets the required specifications.

10 Large Dozer/Crawler w/Operator FHWA ER

Crawler must be minimum 140 HP, diesel engine, minimum 33,000 lbs. operating weight, equipped with an angle/tilt and corner cutting blade.

Vendor must include the manufacturer and model # for each piece of equipment bid. During the evaluation process, vendor will be asked to provide specifications for the models listed to allow for verification that the equipment meets the required specifications.

11 Light Plant FHWA ER Eligible 1.00000 HOUR

Light plant must have a maximum 30 ft tower and have 4 light units with a minimum 6KW.

Vendor must include the manufacturer and model # for each piece of equipment bid. During the evaluation process, vendor will be asked to provide specifications for the models listed to allow for verification that the equipment meets the required specifications.

Document ID: RFB 605 2200000301 Page: 6

12 Skid Steer w/Operator FHWA ER Eligible 1.00000 HOUR

Tracked Skid Steer must be minimum 70 HP with high flow hydraulic system. Vendor must be capable to provide of the following as needed: Bucket, Heavy Duty Forks, Scrap Grapple Bucket.

Vendor must include the manufacturer and model # for each piece of equipment bid. During the evaluation process, vendor will be asked to provide specifications for the models listed to allow for verification that the equipment meets the required specifications.

13 Cold Planer 24 INCH FHWA ER Eligible 1.00000 HOUR

24 Inch Cold Planer w/hydraulic side shift. To be used with line item 12.

Vendor must include the manufacturer and model # for each piece of equipment bid. During the evaluation process, vendor will be asked to provide specifications for the models listed to allow for verification that the equipment meets the required specifications.

14 Cold Planer 40 INCH FHWA ER Eligible 1.00000 HOUR

40 Inch Cold Planer w/hydraulic side shift. To be used with line item 12.

Vendor must include the manufacturer and model # for each piece of equipment bid. During the evaluation process, vendor will be asked to provide specifications for the models listed to allow for verification that the equipment meets the required specifications.

Document ID: RFB 605 2200000301 Page: 7

15 Road Widener Attachment FHWA ER Eligible 1.00000 HOUR

Road Widener Attachment must have a minimum 10 inch head, with tail pulleys and variable speeds. Must be able to discharge from right or left sides, have hydraulic width and height adjustments, have adjustable shouldering angle, and shoulder width of a minimum 1ft up to 4ft. To be used with line item 12.

Vendor must include the manufacturer and model # for each piece of equipment bid. During the evaluation process, vendor will be asked to provide specifications for the models listed to allow for verification that the equipment meets the required specifications.

16 Vibratory Roller w/Operator FHWA ER

Vibratory Roller must be minimum 125 HP, minimum 10 ton operating weight, have a minimum 84 inch attachable smooth or sheep foot drums.

Vendor must include the manufacturer and model # for each piece of equipment bid. During the evaluation process, vendor will be asked to provide specifications for the models listed to allow for verification that the equipment meets the required specifications.

17 Milling Machine Zip Type w/Operator FHWA

Milling attachment must have a minimum 40 inch wide drum, must be capable to mill up to 12 inches in depth. Attachment must be mounted to a minimum 22,000 lbs Wheeled Loader.

Vendor must include the manufacturer and model # for each piece of equipment bid. During the evaluation process, vendor will be asked to provide specifications for the models listed to allow for verification that the equipment meets the required specifications.

Document ID: RFB 605 2200000301 Page: 8

18 Wheeled Loader w/Operator FHWA ER

Articulated Wheeled Loader must be minimum 150 HP, minimum 18,000 lbs operating weight. Vendor capable of providing a minimum 3.5 cuyd bucket.

Vendor must include the manufacturer and model # for each piece of equipment bid. During the evaluation process, vendor will be asked to provide specifications for the models listed to allow for verification that the equipment meets the required specifications.

19 Flaggers FHWA ER Eligible 9661.00000 HOUR

Provide flaggers and traffic control for maintenance operations on streets and roads. Price per hour includes: flaggers, warning signs, flagger paddles, PPE and set up in accordance with KYTC Standard Drawings. Price per hour is for each flagger used. Vendor is to provide up to 6 flaggers if needed.

20 Large Excavator w/Operator FHWA ER

4818.00000 HOUR

Excavator must be minimum 180 HP, minimum 63,000lbs operating weight, diesel powered. Vendor capable of providing a minimum 48 inch cuyd bucket with teeth.

Vendor must include the manufacturer and model # for each piece of equipment bid. During the evaluation process, vendor will be asked to provide specifications for the models listed to allow for verification that the equipment meets the required specifications.

Document ID: RFB 605 2200000301 Page: 9

21 Large Hammer/Hoe Ram/Breaker FHWA ER

5685.00000 HOUR

Large Hammer/Hoe Ram/Breaker must be a minimum 8,000 ft/lbs (energy class). To be used with line item 20.

Vendor must include the manufacturer and model # for each piece of equipment bid. During the evaluation process, vendor will be asked to provide specifications for the models listed to allow for verification that the equipment meets the required specifications.

22 Mowing Attachment FHWA ER Eligible 1.00000 HOUR

Mowing attachment must be quick attach with a minimum 6 ft cutting width. To be used with line item 12.

Vendor must include the manufacturer and model # for each piece of equipment bid. During the evaluation process, vendor will be asked to provide specifications for the models listed to allow for verification that the equipment meets the required specifications.

23 Small Hoe Ram Attachment FHWA ER

Hoe Ram attachment must have a minimum 700 ft/lbs energy class and a minimum 1450 psi operating range. To be used with line item 12.

Vendor must include the manufacturer and model # for each piece of equipment bid. During the evaluation process, vendor will be asked to provide specifications for the models listed to allow for verification that the equipment meets the required specifications.

Document ID: RFB 605 2200000301 Page: 10

24 Motor Grader w/Operator FHWA ER Eligible 1.00000 HOUR

Motor Grader must be minimum 130 HP, minimum 29,000 lbs operating weight, and be equipped with a minimum 12 ft mold board.

Vendor must include the manufacturer and model # for each piece of equipment bid. During the evaluation process, vendor will be asked to provide specifications for the models listed to allow for verification that the equipment meets the required specifications.

25 Escort Truck w/Operator FHWA ER Eligible 1.00000 HOUR

Escort truck must be minimum 4 wheel drive and equipped with flashing safety lights.

Vendor must include the manufacturer and model # for each piece of equipment bid. During the evaluation process, vendor will be asked to provide specifications for the models listed to allow for verification that the equipment meets the required specifications.

26 Tree Trimmer w/Operator FHWA ER Eligible 1.00000 HOUR

Tree Trimmer must be minimum 127 HP, minimum 24,000 lbs operating weight, minimum 75ft reach from the ground, and composite boom electronically insulated. This equipment must be equipped with a front mounted hydraulic blade that is capable of being operated from the cab of the machine.

Vendor must include the manufacturer and model # for each piece of equipment bid. During the evaluation process, vendor will be asked to provide specifications for the models listed to allow for verification that the equipment meets the required specifications.

Document ID: RFB 605 2200000301 Page: 11

27 Vibratory Ripper FHWA ER Eligible 1600.00000 HOUR

Vibratory Ripper must be minimum 8000 lbs, minimum 190 l/min Hydraulic Oil Flow Rate, and minimum frequency of 1000 bpm. To be used with line item 1 or line item 20.

Vendor must include the manufacturer and model # for each piece of equipment bid. During the evaluation process, vendor will be asked to provide specifications for the models listed to allow for verification that the equipment meets the required specifications.

28 Small Excavator w/Operator FHWA ER

Hydraulic Tracked Excavator must be minimum 52 HP, diesel powered, minimum 15,900 lbs operating weight. Vendor capable of providing a minimum 18 inch wide general purpose buckets, front mounted push blade, and offset boom.

Vendor must include the manufacturer and model # for each piece of equipment bid. During the evaluation process, vendor will be asked to provide specifications for the models listed to allow for verification that the equipment meets the required specifications.

29 X-Large Excavator w/Bucket FHWA ER

4189.00000 HOUR

Hydraulic Tracked Excavator must be minimum 350 HP, diesel powered, minimum 105,000 lbs operating weight. Vendor capable of providing a minimum 48inch wide general purpose bucket.

Vendor must include the manufacturer and model # for each piece of equipment bid. During the evaluation process, vendor will be asked to provide specifications for the models listed to allow for verification that the equipment meets the required specifications.

Document ID: RFB 605 2200000301 Page: 12

30 Hydraulic Breaker Attachment FHWA ER

4189.00000 HOUR

Hydraulic Breaker attachment must be minimum 12,000 ft/lbs energy class. To be used with line item 29.

Vendor must include the manufacturer and model # for each piece of equipment bid. During the evaluation process, vendor will be asked to provide specifications for the models listed to allow for verification that the equipment meets the required specifications.

31 Hydraulic Crane FHWA ER Eligible 1.00000 HOUR

Truck Mounted Hydraulic Crane must be minimum 392 Hp single engine, minimum 73,000 lbs operating weight, boom length capable of extending up to 110ft, with the ability to lift and swing a minimum 9.1 ton, minimum 30ft long concrete barrier wall at a minimum 40 ft radius. Vendor to be capable to provide a minimum 1.25 cuyd clamshell bucket, blocks, hooks, tag lines, rigging, cables, and cribbing as needed.

Vendor must include the manufacturer and model # for each piece of equipment bid. During the evaluation process, vendor will be asked to provide specifications for the models listed to allow for verification that the equipment meets the required specifications.

Shipping Information KYTC District 8 - Somerset District Office

1660 South US27

Somerset KY 42502

Billing Information KYTC District 8 - Somerset District Office

1660 South US27 PO Box 780 Somerset KY 42502

Document ID: RFB 605 2200000301 Page: 13

Submission Checklist

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

Item Price Response

ELECTRONIC BID SUBMISSION

Bid responses shall be received by electronic submission in the eProcurement system.

Link: https://emars311.ky.gov/webapp/vssprdonline3111d/AltSelfService

***See attached document “How to Respond to an Online Bid through the Kentucky Vendor Self Service site (updated).pdf”***

An electronic bid shall be authorized by the proper agent of the firm by the act of submitting it electronically through the eProcurement system.

Bid information MUST be completed online. Response must contain all required information for the Solicitation. All bidders MUST be registered in the Commonwealth eProcurement System via the Vendor Self Service System at https://emars311.ky.gov/webapp/vssprdonline3111d/AltSelfService

Allow 24 – 48 hours to complete Vendor Registration. Vendors must be logged in to their Vendor Self Service (VSS) account in order to submit a response. Registrations completed the day of bid closing must be completed by the Vendor in the VSS portal. The Customer Resource Center is not able to complete registrations and activate accounts on the same day. Closing dates will not be extended for Vendors not registered by the date/time of the bid closing. Vendor Self Registration Guides are provided at https:// finance.ky.gov/eProcurement/Pages/doing-business-with-the-commonwealth.aspx

All bidders are cautioned to begin their electronic submission in sufficient time to complete before the closing date and time. Delays due to technical difficulties or document upload impediments shall not be justification for acceptance of a late bid or proposal. Vendor attention to this advisory is encouraged. If you need assistance, please contact the Customer Resource Center (CRC) by email at Finance.CRCGroup@ky.gov or phone 502-564-9641 or toll-free 877-973-

HELP (4357).

BID PRICES SUBMITTED ON COMPANY QUOTE FORMS ARE DISCOURAGED. COMPANY TERMS

AND CONDITIONS AND/OR SALES AND USE AGREEMENTS OFTEN CONFLICT WITH STANDARD

SOLICITATION REQUIREMENTS AND MAY RESULT IN REJECTION OF BID OFFER.

Online bid responses must be in an “Accepted” status and shall be assigned a date and time stamp from the eProcurement system at the time of final acceptance and formal submission by the vendor. The system will not allow submission of an online response after the published date and time for closing.

An offer may be modified or withdrawn by electronic or written notice ONLY if received prior to the bid closing date and time. An electronic offer may be modified by applying the appropriate electronic signature and following the procedure in the state’s eProcurement signature.

PUBLIC BID READINGS

In-person public bid readings have been discontinued by the KYTC Division of Purchases. We now offer public bid readings via telephone.

Any person wishing to hear a bid reading may call the conference line at 866-830-9434, Participant Code 21327950, at 3:00 pm, Eastern Time on the bid closing date.

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.

_____ BID INFORMATION – COMPLETED (See Section 5.00)

_____ VENDOR BID SHEET (Attached)

Document Description Page 14

2200000301 Eq Rental w/Operator D-8 FHWA ER Eligible https://emars311.ky.gov/webapp/vssprdonline3111d/AltSelfService https://emars311.ky.gov/webapp/vssprdonline3111d/AltSelfService https://finance.ky.gov/eProcurement/Pages/doing-business-with-the-commonwealth.aspx https://finance.ky.gov/eProcurement/Pages/doing-business-with-the-commonwealth.aspx mailto:Finance.CRCGroup@ky.gov

All other items MUST be submitted prior to award however, vendors are strongly encouraged to include with bid submission.

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

ENTITY (See Section 2.25)

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

_____ CERTIFICATE OF INSURANCE (See Section 1.04)

_____ EQUIPMENT SPECIFICATIONS/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: https://finance.ky.gov/office-of-the-secretary/office-of-policy-and-audit/Pages/Finance-Policies.aspx 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

1.00 - Specifications of Service Requirements

The equipment shall be furnished in excellent mechanical working condition, in good general appearance, (free of human graphic art), and be approved for use by Department personnel. The equipment shall be furnished fully operated with one (1) operator (with the exception of the light plants) and with all maintenance and repairs including fuel and lubrication necessary for its operation.

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 rental rate is to be paid by the Transportation Cabinet only during the time that the above named equipment is in actual use on the job. The vendor will be guaranteed a minimum of eight (8) hours per each work order to the vendor. This is not to be construed as a minimum number of hours per equipment, per workday.

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.

The Department will provide traffic control necessary for safe operation in accordance with the Manual on Uniform Traffic Control Devices.

The Transportation Cabinet and all its officers, agents and employees shall be held harmless from all suits, actions, or claims of any character brought on account of any injury or damages sustained by any person or property from any actions or for any negligence in performance of the above named equipment.

Nothing in this proposal is to be construed as any agency relationship between the parties.

Projects assigned prior to contract expiration will be considered cancelled if the work has not been initiated at the time of expiration.

1.01-Routine Work

Document Description Page 15

2200000301 Eq Rental w/Operator D-8 FHWA ER Eligible https://finance.ky.gov/office-of-the-secretary/office-of-policy-and-audit/Pages/Finance-Policies.aspx https://finance.ky.gov/office-of-the-secretary/office-of-policy-and-audit/Pages/Finance-Policies.aspx

Response Time

Vendor shall be able to provide equipment and operator within the guaranteed response time following notification by District personnel. This notification will be in the form of a Delivery Order received by email or fax.

Should vendor fail to make delivery within the guaranteed response period, they agree and further authorize the Commonwealth to deduct damages from the invoice in the amount of $1,000.00 per day for each day the service is withheld.

Mobilization/Demobilization

The equipment will be delivered to the place of beginning of operation with no expense to the Transportation Cabinet, and upon completion of the work the equipment will be transported away from the place of operations without expense to the Transportation Cabinet.

It is understood that a delivery order may include more than one work site and that the vendor is responsible for all mobilization expenses between each work site. The Department will only consider multiple work sites on a single delivery order if they are all within a 5-mile radius. There are no minimum hours guaranteed per work site when multiple work sites are included in a delivery order.

1.02-Emergency Work

Response Time

The Vendor guarantees to begin work within 48 hours following notification by the Chief District Engineer or his/her designee that an emergency situation exists. This notification may be in the form of a phone call, but an official Delivery Order shall follow as soon as possible.

An “emergency” is defined as— A situation which creates a threat or impending threat to public health, welfare or safety such as may arise by reason of fires, floods, tornadoes, other natural or man-caused disasters, epidemics, riots, enemy attack, sabotage, explosion, power failure, energy shortages, transportation emergencies, equipment failures, state or federal legislative mandates, or similar events.

(Per KRS 45A.095)

The vendor shall provide at least two phone numbers where they can be reached 24 hours a day.

Emergency Contact Person/Phone: ___________________________________________

Emergency Contact Person/Phone: ___________________________________________

Failure to be reached by District personnel may result in the immediate cancellation of the Master Agreement.

The vendor shall notify the District immediately of any changes to the emergency contacts and/or numbers.

Mobilization/Demobilization

The vendor shall be paid $750.00 in emergency mobilization costs for each piece of required equipment that is delivered to the work site and begins work within 24 hours of notification.

Should the vendor fail to respond to an Emergency as defined above within 48 hours of the notification they agree and further authorize the Commonwealth to deduct damages from the invoice in the amount of $1000.00 per day for each day the service is withheld or not provided. The vendor further understands that KYTC may use alternative methods to fulfill the equipment rental needs during an emergency situation.

Failure to respond in seventy-two (72) hours after notification may result in the immediate cancellation of the Master Agreement.

1.03-Federal Language

Document Description Page 16

Funds from Federal Highway Administration’s (FHWA) Emergency Relief (ER) program will be used to make payment against the resulting contract. The following clauses shall apply:

A. FHWA 1273

https://www.fhwa.dot.gov/programadmin/contracts/1273/1273.pdf

B. PROJECT WAGE RATES

The contractor shall use the Davis Bacon Act Wage Determinations for highway construction that are effective 10 calendar days prior to the submission of the bid. The project wage determinations can be found at the following link.

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

Select Domain – Select Construction State – Kentucky County – Leave blank DBA Construction Type – Highway

Locality 1 – KY20210040 Locality 2 – KY20210107 Locality 3 – KY20210038 Locality 4 – KY20210039

The Davis Bacon Act Wage Determinations will be updated upon execution of a renewal of the Master Agreement at which time the contractor may ask for price adjustments based on Section 2.07.

C. 106.04 BUY AMERICA REQUIREMENT

Follow the” Buy America” provisions as Required by Title 23 Code of Federal Regulations 635.410.

Except as expressly provided herein all manufacturing processes of steel or iron materials including but not limited to structural steel, guardrail materials, corrugated steel, culvert pipe, structural plate, prestressing strands, and steel reinforcing bars shall occur in the United States of America.

including the application of:

Coating

Galvanizing

Painting, and

Other coating that protects or enhances the value of steel or iron products

The following are exempt, unless processed or refined to include substantial amounts of Steel or iron material, and may be used regardless of source in the domestic manufacturing Process for steel or iron material:

Pig iron

Processed, pelletized, and reduced iron ore material, or

Processed alloys

The Contractor shall submit a certification stating that all manufacturing processes Involved with the production of steel or iron materials occurred in the United States.

Produce, mill, fabricate and manufacture in the United States of America all Aluminum components of bridges, tunnels, and large sign support systems, for which Either shop fabrication, shop inspection, or certified mill test reports are required as the Basis of acceptance by the Department.

Use foreign materials only under the following conditions:

When the materials are not permanently incorporated into the project; or When the delivered cost of such materials used does not exceed 0.1 percent of the total Contract amount or $2,500.00, whichever is greater.

The Contractor shall submit to the engineer the origin and value of any foreign material used.

Document Description Page 17 https://beta.sam.gov/search?index=wd&keywords=&sort=-modifiedDate&wdType=dbra&page=1

D. PROHIBITION ON TELECOMMUNICATIONS EQUIPMENT OR SERVICES

In accordance with the FY 2019 National Defense Authorization Act (NDAA), 2 CFR 200.216, and 2 CFR 200.471, Federal agencies are prohibited, after August 13, 2020, from obligating or expending financial assistance to obtain certain telecommunications and video surveillance services and equipment from specific producers. As a result of these regulations, contractors and subcontractors are prohibited, on projects with federal funding participation, from providing telecommunication or video surveillance equipment, services, or systems produced by:

Huawei Technologies Company or ZTE Corporation (or any subsidiary or affiliate of such entities)

Hytera Communications Corporation, Hangzhou Hikvision Digital Technology Company, or Dahua Technology Company (or any subsidiary or affiliate of such entities)

E. LEGAL REQUIREMENTS AND RESPONSIBILITY TO THE PUBLIC – CARGO PREFERENCE ACT

(CPA). (REV 12-17-15) (1-16)

SECTION 7 is expanded by the following new Article:

102.10 Cargo Preference Act – Use of United States-flag vessels.

Pursuant to Title 46CFR Part 381, the Contractor agrees

To utilize privately owned United States-flag commercial vessels to ship at least 50 percent of the gross tonnage (computed separately for dry bulk carriers, dry cargo liners, and tankers) involved, whenever shipping any equipment, material, or commodities pursuant to this contract, to the extent such vessels are available at fair and reasonable rates for United States-flag commercial vessels.

To furnish within 20 days following the date of loading for shipments originating within the United States or within 30 working days following the date of loading for shipments originating outside the United States, a legible copy of a rated, ‘on-board’ commercial ocean bill-of-lading in English for each shipment of cargo described in paragraph 1 of this section to both the Contracting Officer (through the prime contractor in the case of subcontractor bills-of-lading) and to the Division of National Cargo, Office of Market Development, Maritime Administration, Washington, DC 20590.

1.04– 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 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.

Document Description Page 18

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 Highway District 8 to award a master agreement contract for: Eq Rental w/Operator D-8 FHWA ER Eligible

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 beginning upon award and expiring November 30, 2022.

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 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 8

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

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2200000301 Eq Rental w/Operator D-8 FHWA ER Eligible http://insurance.ky.gov/company http://insurance.ky.gov/company http://www.ambest.com 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 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

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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 -Delivery Orders for Services

No services are authorized until an official Delivery Order has been fully processed by an authorized agency or payment has been made via Pro-Card.

Penalties assessed for delays in response or completion time will be calculated based on the date of the Delivery Order and the response/completion time stated in Section 2.13

Payment shall be made against the actual quantities of work performed. The Delivery Order shall be modified to adjust quantities if needed.

Any work assigned prior to contract expiration will be considered cancelled if the work has not been initiated at the time of expiration. There will be no claim for damages allowed by reason of cancellation thereof.

If additional time is needed to complete assigned work, please send a request to the Division of Purchases two weeks prior to expiration date. Per Section 2.28, this extension shall not exceed ninety

(90) days.

2.13 - 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: 502-782-4003 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.

2.14 - Response Time

Response at the earliest possible date is desired.

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

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.

2.15 - 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.

2.16 - Invoices

Document Description Page 21 mailto:Amanda.Lewis2@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 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.

2.17 - 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.

2.18 - 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.

2.19 - 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.

2.20-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.

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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.

2.21 - 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.

2.22 - Assignment

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.

2.23 – Ethics Compliance

Contractor certifies that contractor and its employees will not offer or provide gifts to KYTC employees in excess of $25.00 in any single calendar year as defined in KRS 11A.045 (1) and KYTC General Administration and Personnel Policy GAP-808. Moreover, contractor certifies that contractor and its employees will not offer any ticket to a sporting event to a KYTC employee without being reimbursed the face value amount for said ticket as defined in KRS 11A.045 (2).

It is agreed and understood that non-compliance with the above provisions may result in the suspension of vendor procurement participation, contract termination, and/or debarment.

2.24 - Termination of Contracts

A contract may be terminated for default by the vendor, for the convenience of the Commonwealth, or for lack of…