Final_RFB_605_2300000512_3_SO_FORM.PDF

Document ID: RFB 605 2300000512 Page: 1

Commonwealth of Kentucky

SOLICITATION MODIFICATION

Modification: Yes Version #: 3

TITLE: Eq Rental Offset Drill w/Operator D-11 - Federal

Date Issued:

03/08/2023 Record Date:

03/08/2023

Solicitation Closes Date:

03/16/2023 Time:

13:30

Solicitation No:

RFB 605 2300000512

Reason for Modification

Addendum #2 - To answer vendor questions and change closing date to 3/16/2023.

Online Bidding Prohibited: No For Information Call:

LANESSIA MCCOURT

502-782-3979

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 2300000512 Page: 2

Line Items

Commodity Group: Default Commodity Group

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

1 FHWA- Offset Drill with Operator 50000.00000 LFT

Comm Code Comm Description Manufacturer Model # Manuf Part #

97566 Road and Highway Equipment (Not Otherwise Classified) Rental

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.

Vendors should review and update, if necessary, all addresses and contact persons for their account prior to bid submission. This information will carry forward to a contract if awarded, therefore please ensure all information is correct.

This line item shall be used for all work paid using FEDERAL 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 prior to award to allow for verification that the make/model bid meets the required specifications.

2 FHWA - Traffic Control Vendor Supplied 10000.00000 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 for Offset Drill with Operator. Item includes the appropriate number of flaggers for traffic control on the worksite. Each flagger will be paid at the hourly rate. With permission from the Engineer, the vendor may elect to use temporary traffic signals or portable traffic signals with appropriate signing in accordance with MUTCD or as directed by the Engineer. Vendor must also place and maintain appropriate work zone signing, flagger signs, flagger paddles, etc. in accordance with the MUTCD or as directed by the Engineer.

Flagmen 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.

Document ID: RFB 605 2300000512 Page: 3

3 FHWA - Vendor Furnished Rail Road Steel 50000.00000 LFT

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.

4 FHWA - Cribbing Dept Furnish 6000.00000 SQFT

Vendor to install cribbing at slide location as directed by the Engineer. Extend wall cribbing 2 feet to 16 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.

5 FHWA - 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 16 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. If directed by the Engineer, additional excavation may be required to remove slide material from the roadway in order to maintain traffic or to eliminate the pavement break for future asphalt paving. 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.

Document ID: RFB 605 2300000512 Page: 4

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 prior to award to allow for verification that the make/model bid meets the required

6 FHWA- 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 to the bottom of pavement elevation and place DGA Base from the bottom of the pavement elevation to the top of the existing pavement separated with Geotextile fabric as directed by the engineer. Backfill material shall meet requirements of Section 805 of the Kentucky Standard Specifications for Road and Bridge Construction, Current Edition. Backfill material delivered to the project, will only be accepted with a certified weigh ticket. A conversion factor of 1.3 tons per cubic yard will be used to pay for all gradations of aggregate Backfill material delivered to the project. The Engineer will use visual inspection and/or material testing, as applicable to determine acceptability. Geotextile fabric shall be provided by the vendor. Vendor to furnish backfill material and labor to install geotextile fabric.

***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.

7 FHWA- Laborer 500.00000 MNHR

Vendor furnished laborer to trim tree limbs, extend Department furnished culvert pipe through crib wall, and taking down guardrail and stacking for the Department to pick up. The Department will be responsible for picking guardrail up and delivering to maintenance facility.

Document ID: RFB 605 2300000512 Page: 5

8 FHWA- Bucket Truck with Operator 500.00000 HOUR

Vendor furnished bucket truck with operator capable of clearing tree limbs for a 40 feet drill mast. Vendor operator must be properly trained for the bucket truck operations and wear the appropriate safety equipment.

This line item shall be used for all work paid using FEDERAL 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 prior to award to allow for verification that the make/model bid meets the required

9 FHWA- Vendor Furnished Filter Fabric 10000.00000 SQYD

Vendor is to furnish and Install TY IV filter fabric for separation of the Backfill Material and Roadway Material. Payment per SQYD will include all labor, materials, and incidentals necessary to correctly install filter fabric in the slide area.

10 FHWA- Cribbing-Vendor Furnish & Install 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 16 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.

Document ID: RFB 605 2300000512 Page: 6

11 FHWA- Cribbing Material Vendor Furnished 25000.00000 SQFT

Vendor furnished cribbing material must be galvanized guardrail. The guardrail shall be delivered and paid in 12.5 LF sections. 25 LF guardrail sections will be considered / accepted upon the engineer's approval. The guardrail material must be corrosion resistant, hole punched as shown for standard guardrail installation, and straight.

KYTC will unload the material.

Minimum order of 5,625 Sq. Ft.

Material is to be delivered to Maintenance Lot in Bell, Harlan, Clay, Leslie, Knox, Whitley, Jackson or Laurel Counties.

Shipping Information Various Shipping

See Extended Description

Various KY

Billing Information KYTC District 11 - Manchester District Office

603 Railroad Ave

Manchester KY 40962

Document ID: RFB 605 2300000512 Page: 7

Submission Checklist

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

Item Bidder with the lowest price receives the maximum score.

Bidder with the lowest response time receives the maximum score.

3/8/2023 – Addendum #2 – To answer vendor questions and change closing date to 3/16/2023.

Q1: The given quantity for Line Item 10 is given in CUYD, should this be in SQFT?

A1: The Unit of Measure has been changed to SQFT

Q2: Also, on Page 9 of the RFB / Section 1.00 / paragraph 2: it states, “Furnish two (2) modified rotary drill, truck or track mounted” and then in the same section / page 10 / paragraph 6: it states that the “Vendor is required to maintain a minimum production rate of six hundred (600) LF of installed railroad rails per 10 hour work day.” Does this mean two drills must stay in the county and each get 600LF/day, or does it mean 2 drills must stay in the county and combine for 600LF/day, or if one drill can maintain 600LF/day is that acceptable?

A2: The vendor is to furnish 2 ea. Drills to the District at any given time. The production rate of 600 LF per 10 hour work day is the production rate for each drill.

No other changes have been made.

Addendum #1

To Change closing date from 3/06/2023 to 3/10/2023.

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.

Document Description Page 8

2300000512 Eq Rental Offset Drill w/Operator D-11 - Federal 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

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)

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 1.02)

_____ EQUIPMENT SPECIFICATION/PRODUCT LITERATURE

_____ SUPPLIER INVOICE FROM FEBRUARY 2023

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

1.0 - Specifications of Service Requirements

Document Description Page 9

2300000512 Eq Rental Offset Drill w/Operator D-11 - Federal 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

Section 1-Specifications-Services

Contracts awarded from this solicitation will be eligible for FHWA Emergency relief projects.

Awards shall be made to the 2 best evaluated bidders. The Department will determine Best Value for each individual Delivery Order by calculating the total cost based on the quantities and the unit prices in effect when the order is placed. The district will be responsible for all calculations and will issue Delivery Order(s) to the low bidder thus calculated.

Offset Rotary Drill with Operator(s). Furnish two (2) 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 staggered double row arrangement with a minimum of 2 foot center to center between the rows and spacing between the rails a minimum of 2 feet and maximum spacing of 4-feet. 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 cable 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. Installed rails shall be backfilled with pea gravel, crushed lime stone or crushed sand stone. The granular backfill material shall have 100 percent passing the ½ to inch sieve. Drill cuttings are not permitted. Granular backfill shall be shoveled or dropped in small amounts to prevent voids from forming around the rails. Backfilling is incidental to the price per linear foot for installation. 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 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 six hundred (600) LF of installed railroad rails per 10 hour work day, normally 7:30 AM to 5:30 PM. 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. In the event that a drill breaks down in the roadway, the vendor will be responsible to provide traffic control until the drill has been safely removed from the roadway. If

Document Description Page 10 daily production rate is not met, Liquidated Damages may be assessed in the amount of $500 per day.

Liquidated Damages charged are deducted to compensate Department for furnished traffic control and site labor when minimum production rates are not met.

Price changes will be allowed on a monthly basis for all lines, due to the volatile market for steel and aluminum. Requested price increases must be based on industry wide price changes. The prices will be compared using a supplier invoice from February 2023 (the month let) versus a supplier invoice from the month the Delivery Order is issued. Line items that include steel (railroad rail and cribbing) will be adjusted by the applicable percentage increase or decrease.

The contract holder is required to furnish KYTC Division of Purchases with notice of any price decreases as soon as such decreases are available. Section 2.07 will apply to all other line items.

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.

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.

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

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 – KY20230040 Locality 2 – KY20230107 Locality 3 – KY20230038 Locality 4 – KY20230039

Document Description Page 11 https://beta.sam.gov/search?index=wd&keywords=&sort=-modifiedDate&wdType=dbra&page=1

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.

D. Build America, Buy America Act (BABA)

On November 15, 2021, President Biden signed into law the Infrastructure Investment and Jobs Act (IIJA), Pub. L. No. 117-58, includes the Build America, Buy America Act (“the Act”). Pub. L. No. 117-58, §§70901-52. The Act strengthens the Buy America preference to include “construction materials.” The current temporary waiver for “construction materials” will expire on November 10, 2022.

The Act will apply to construction materials as outlined in the guidance issued in OMB M-22-11.

Construction Materials – Includes an article, material, or supply – other than an item of primarily iron or steel; a manufactured product; cement and cementitious materials; aggregates such as stone, sand, or gravel; or aggregate binding agents or additives – that is or consists primarily of:

# Non-ferrous metals

# Plastic/polymer-based products (including polyvinylchloride, composite building materials, and polymers used in fiber optic cables);

# Glass (including optic glass);

# Lumber; or

Document Description Page 12

# Drywall.

Construction Materials only applies to items, materials, and supplies that are consumed in, incorporated into, or affixed to an infrastructure project.

Construction Materials does not apply to tools, equipment or supplies brought to the jobsite and removed before completion.

E. 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)

1.02– 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.

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.

Document Description Page 13 http://insurance.ky.gov/company http://insurance.ky.gov/company

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 the Highway District 11 to award a master agreement contract for: Eq. Rental Offset Drill D-11-Federal

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 04/01/2023 and expiring02/29/2024.

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:

Highway District 11

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

Document Description Page 14 http://www.ambest.com

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

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

Document Description Page 15

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:

Lanessia McCourt

Division of Purchases

Kentucky Transportation Cabinet

Phone: 502-564-4630

E-mail:lanessia.mccourt@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 – Delivery Response at the earliest possible date is desired.

Vendor guarantees a response time of ___________ calendar days after 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 the response time and shall work continuously until all official Delivery Orders have been completed.

The Vendor agrees that when response is not made within the contracted due date or if delivery orders have not all been completed, 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.

2.15 - 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

Document Description Page 16 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

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.

Document Description Page 17

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

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

2.21 - 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.