Final_RFB_605_2400000050_1_SO_FORM.PDF

Document ID: RFB 605 2400000050 Page: 1

Commonwealth of Kentucky

SOLICITATION

Modification: No Version #:

TITLE: DEMOLITION KY 61

Date Issued:

08/07/2023 Record Date:

08/07/2023

Solicitation Closes Date:

08/25/2023 Time:

13:30

Solicitation No:

RFB 605 2400000050

Online Bidding Prohibited: No For Information Call:

PAIGE GRASS

502-564-4630

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 2400000050 Page: 2

Line Items

Commodity Group: Default Commodity Group

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

1 DEMOLITION Green Co. 04-8712.00 P. 04, 81, 84, & 86

Comm Code Comm Description Manufacturer Model # Manuf Part #

91240 Demolition Services

Extended Description

***ONLY ONLINE BIDS WILL BE ACCEPTED FOR THIS RFB.***

*On this line, Bidders must enter $0.01 for price and zero (0) for delivery in the e-procurement system.* See attached document "How to Respond to an Online Bid through the Kentucky Vendor Self Service site (updated).pdf".

*ALL actual BID PRICES and DELIVERY TIME must be entered on attached "Bid Sheet" and submitted as an attachment in the e-procurement system.* *Please enter contact person, phone number, and email address on the bid sheet.* Emailed and hard copies delivered by any method WILL NOT BE ACCEPTED.

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.

Vendors shall submit bid pricing in table provided in Section 1.00. All phases of work required to complete this project shall be included in the cost.

NOTE TO CONTRACTOR A mandatory onsite prebid meeting will NOT be held on this parcel. It shall be the responsibility of prospective bidders to inspect and investigate improvements prior to submitting proposals to determine pertinent factors such as access, zoning, easements, condition of improvements, etc. Please read all attachments to this solicitation carefully. The submission of a proposal will be construed as evidence that inspections and investigations have been made. Later claims for such items which could have been foreseen had inspections/investigations been made shall not be recognized. Please contact Shawna Shuffett at 270-832-9468 for directions to the location.

Shipping Information KYTC Division of Right of Way and Utilities

200 Mero Street 4th Floor Frankfort KY 40622

Billing Information KYTC Division of Right of Way and Utilities

200 Mero Street 4th Floor Frankfort KY 40622

Document ID: RFB 605 2400000050 Page: 3

Submission Checklist

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

Item the bidder with the lowest price receives the maximum score.

NEW – Vendor Self Service website has changed as of March 26, 2023.

The new link is https://vss.ky.gov.

Vendors will continue to use the same login credentials.

Instructions for How to Submit an Online Response are attached to this solicitation and also posted on the website.

ELECTRONIC BID SUBMISSION

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

Link: https://vss.ky.gov

***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://vss.ky.gov

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 will now be offering 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.

Document Description Page 4

2400000050 DEMOLITION KY 61

https://vss.ky.gov https://vss.ky.gov https://vss.ky.gov 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

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)

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 2.14)

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

_____ CERTIFICATE OF INSURANCE (See Section 1.01)

_____ PERFORMANCE AND PAYMENT BONDS (See Section 1.00)

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 athttps://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

The Kentucky Transportation Cabinet Division of Purchases issues this solicitation on behalf of the Division of Right of Way and Utilities to award a one- time contract for: Demolition Svc Green Co

1.00#Specifications of Service Requirements

PARCEL DESCRIPTION (include address) Amount Due Bidder (A)

Amount Due State (B)

Hall Cemetrey Road/Hodgenville Road, Greensburg, KY 42743 1,077 SF Metal Sided, Concrete Floor Barn 300 SF Shed

Gumm Cemetery Road/Hodgenville Road, Greensburg, KY 42743 800 SF Shed

5091 Hodgenville Road, Greensburg, KY 42743

Document Description Page 5

2400000050 DEMOLITION KY 61

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

Former Gas Station Canopy and Metal Sign post in concrete

Gabe Road/Hodgenville Road, Greensburg, KY 42743

3,000 SF Brick Commercial building (has a basement under a portion)

Total Total

Lump Sum Total ___ Amount Due Bidder

___ Amount Due State NOTE: Failure of the Bidder to include an amount for each parcel shall result in rejection of bid.

INSTRUCTIONS TO BIDDER: Total for Column A – (minus) Total for Column B = (equals) Lump Sum Total. If Column A is greater than Column B the lump sum total will be the Amount Due Bidder. If lump sum total is a negative amount the lump sum total will be the Amount Due State.

Pricing must be submitted on the attached bid sheet.

NOTE: Bidder must select either Amount Due Bidder or Amount Due State on the attached bid sheet. Failure to select Amount Due State or Amount Due Bidder may result in rejection of bid.

Selection of both options will be considered a multiple bid and the bid may be rejected as non-responsive.

SPECIAL NOTES:

The contractor should contact Shawna Shuffett at PHONE NO: 270-832-9468 before beginning work on this demolition.

COMPLIANCE

All work performed under these Plans and Specifications must adhere to all codes, regulations and requirements of all inspection and regulatory agencies and the work will be performed according to these requirements. If the plans and specifications do not set forth all codes, etc., this does not relieve the Contractor of the responsibility to adhere to all requirements necessary for completing the Contract in accordance with all necessary codes, regulations, and requirements.

If problems are found during demolition, they will be brought to the attention of the KYTC District Office for review and direction. However, this does not relieve the Contractor of bidding and constructing the project in accordance with all requirements.

COUNTY: Green

UPN: 12F0 FD52 044 8790701R

PROJECT: KY 61

LOCATION: Greensburg, KY

ITEM NO: 04-8712.00

FEDERAL PROJECT

NO: STP 0611 (071)

PARCEL NOS: 4, 81, 84, & 86

SPECIFICATION FOR REMOVAL OF IMPROVEMENTS

Document Description Page 6

2400000050 DEMOLITION KY 61

(CLEARANCE OF RIGHT OF WAY)

KENTUCKY 811 – BEFORE YOU DIG

KRS 367.4901 TO 367.4917 – The General Assembly finds that the objective of underground facility damage prevention and the resulting benefits of public and workplace safety and protection of consumer services require an effective underground damage prevention procedure. KRS 367.4901 to 367.4917, which may be cited as the “Underground Facility Damage Prevention Act of 1994,” are created to provide for this procedure and accomplish this objective. KRS 367.4901 to 367.4917 sets forth the requirements for every person who engages in timber harvesting using mechanized equipment, excavation, or demolition work.

All work being performed or related to the removal of improvements on this project shall comply with provisions set forth in KRS 367.4901 to 367.4917. The contractor shall contact Kentucky 811 in accordance with guidelines set forth by the Kentucky Public Service Commission, before work can begin. For any legal requirements, or references, please refer to the most current edition of the Kentucky revised code.

It is strictly the Contractors responsibility to locate all personal and private utility lines including but not limited to water lines, sewer lines, invisible underground fences etc. Kentucky 811 does not mark or privately owned lines.

The contractor will be given a locate request identification number that is proof of your call. Record the number and keep it for the duration of your excavation or longer when applicable. The request identification number may be referred to as: confirmation number, ticket number, or BUD number. This number shall be submitted to the district property management agent or representative. (NOTE: Failure to submit a valid Kentucky 811 confirmation number referenced herein will result in a penalty of $200.00 per occurrence.)

SCOPE OF WORK/DESCRIPTION

Work shall consist of the removal and the proper disposal of buildings, fences, septic tanks, driveways, paved areas, conduits, and other miscellaneous structures and encumbrances, which exist upon or within the right of way and/or easements areas on the designated parcels. All work shall be in accordance with these specifications and any special provisions that may be included as a part of the contract.

GENERAL PROVISIONS

After award of contract, the contractor will be notified by the district to advise of any change in the probable date that the improvements will be available. The contractor shall not begin work until they have been notified by the District Property Management Agent that all utilities have been disconnected by the utility companies involved.

In the event the construction contractor and the contractor for clearance of improvements are on the project at the same time, it shall be understood that the latter will not be allowed to claim damages for any loss of time thus engendered.

The contractor agrees to indemnify and hold the Cabinet harmless for any fines or penalties assessed to the Cabinet as a direct result of the contractor’s actions or omissions.

The contractor shall provide for adequate protection to safeguard the public at all times. The contractor shall employ watchmen when necessary, and shall furnish and maintain barricades, lanterns or flares, and other devices considered necessary for the protection of the public.

If a street or road is to be closed or obstructed during the clearance of improvements a permit shall be secured by the contractor from the proper authority. The Transportation Cabinet, Fire Department, Police Department, and utility companies involved shall be given notice by the contractor of the time when such street or road is to be closed or obstructed.

The contractor shall use every precaution to prevent any damage to adjacent property and buildings. All equipment, tools, and materials permitted to remain on the right of way during the operations shall be neatly stored in such a manner as will not interfere with the rights and privileges of the adjacent property owners.

Document Description Page 7

The contractor shall use every precaution to prevent damage to building walls, which are jointly owned and are required to remain in place and shall assume full responsibility for any damage to an adjoining building resulting from his work or carelessness. All such wall structures shall be left sound and with an acceptable appearance. The contractor shall save the Commonwealth and the Transportation Cabinet or any of its officers or agents harmless from damages or claims from his operations on a common or adjacent wall of a structure that is to remain in place.

All property line walls owned jointly with an adjacent property owner shall remain the property of the Commonwealth and the adjacent property owner, and shall remain in place unless otherwise specified in the contract.

All material from the clearance of improvements will become the property of the contractor, unless otherwise specified in the contract. The contractor (at his own expense) shall remove from the site and dispose of all materials in the manner set forth in Disposal of Materials Section of this specification.

Removal of trees is not the responsibility of the demolition contractor unless stated in the description of parcels.

The Transportation Cabinet will not be responsible for plumbing fixtures, electrical fixtures, fences, storm doors, storm windows, or any other items of value left on the property.

SEEDING REQUIREMENTS FOR ALL DISTURBED AREAS

All areas that are disturbed as a result of the removal of the improvements and filling of basements or other open holes, to include borrow pits, upon completion of work shall be leveled and/or graded and have fertilizer, lime, grass seed and mulch applied as per the following rates:

Fertilizer (10-20-20) 40 lbs. per 800 sq. ft.

Lime – 50 lbs per 800 sq. ft.

KY 31 Grass Seed – 10 lbs. per 800 sq. ft.

Mulch – Sufficient straw to give 3 inch loose depth coverage, (secured by netting, terrain and other factors will be required.)

RODENT CONTROL

Rodent control measures are not required on this contract.

PERFORMANCE AND PAYMENT BOND

A performance bond shall be required as specified in this section. For amount paid to vendor a Performance Bond or Irrevocable Letter of Credit shall be required in the amount of the contract or $10,000.00, whichever is greater. For amount paid to State a performance bond shall be required in the amount of $10,000.00. The Performance Bond or Irrevocable Letter of Credit shall be provided as security for the faithful performance of the contract. Irrevocable Letters of Credit shall ONLY be accepted up to a maximum of $20,000.00. All projects exceeding that amount shall require a Performance Bond.

DISPOSAL OF MATERIALS

Debris, Trash and Waste Materials – No debris, trash or waste material is to be buried on site. All debris, trash and waste material resulting from the removal of improvements shall be disposed of at a site or facility for which a permit for waste disposal has been issued by the Natural Resources and Environmental Protection Cabinet, Department for Environmental Protection, Division of Waste Management (excluding any material which is recovered for salvage/reuse including brick, concrete or blacktop which is to be disposed of as beneficial reuse). The cost of this disposal shall be considered and included in the contract price. Upon completion of the contract, the contractor will furnish the district Property Management Agent with the name and address of the waste disposal site used and copies of the disposal receipts indicating the amount of material disposed.

MATERIALS REQUIRING SPECIAL DISPOSAL

It shall be the responsibility of the contractor to properly dispose of any hazardous waste, paint, tires, automobile batteries, etc. in a manner that meets all local, state and federal regulations regarding this type of disposal.

Document Description Page 8

The cost of this disposal shall be considered and included in the contract price. Upon completion of the contract, the contractor will furnish the district Property Management Agent with the name and address of the disposal site used and copies of the disposal receipts indicating the type and amount of material disposed.

HAZARDOUS MATERIALS

In the event the contractor unexpectedly encounters on the site material reasonably believed to be asbestos, polychlorinated biphenyl (PCB) or other classified hazardous substances/materials which have not been rendered harmless, the contractor shall immediately stop work in the area affected and report the condition to the owner. The work in the affected area shall not thereafter be resumed except by written agreement of the owner and contractor if in fact the material is asbestos, polychlorinated biphenyl (PCB), or other classified hazardous substances/materials which have not been rendered harmless.

The work in the affected area shall be resumed in the absence of any classified hazardous substances/ materials or when it or they have been rendered harmless.

ENERGY AND ENVIRONMENT CABINET

If vendor has received a fine from EEC for a major infraction/violation within the last six months the vendor’s bid may be rejected as non-responsive. KYTC Division of Purchases reserves the right to review all vendor violations and to determine the level of infraction/violation.

Below is a link to the Division of Waste Management website if you need information about permitted landfills. http://www.waste.ky.gov

RECOVERY OF REFRIGERANT

When a refrigeration unit (central air conditioners, freezer units, coolers, etc) is to be removed intact from the site for reuse, evacuation/recovery of refrigerant is not required. All refrigerant must be completely evacuated/recovered from any refrigeration unit which is not to be removed intact from the site or is to be removed for disposal. Evacuation/recovery is to take place prior to destruction of the unit.

This evacuation/recovery must be performed by a licensed HVAC operator and documented by the submission, to the District Property Management Agent, of a paid receipt from the licensed HVAC operator who performed the reclamation. (NOTE: Failure to submit paid receipt referenced herein will result in a penalty of $200.00 per occurrence.) The cost of refrigerant evacuation/recovery shall be considered and be included in the contract price.

OPEN BURNING

In compliance with “401 KAR 63:005. Open Burning”, no open burning of improvements, trash, debris or waste material will be permitted on the contract. The referenced KAR may be viewed on the Kentucky Legislation webpage http://www.lrc.ky.gov/kar/401/063/005.htm

Should open burning by unknown parties take place, the contractor shall immediately notify the district Property Management Agent, the appropriate regional office of the Natural Resources and Environmental Protection Cabinet, Department for Environmental Protection, Division for Air Quality and local law enforcement authorities. A written report of these notifications is to be submitted to the district Property Management Agent within 5 working days of the discovery of the burning.

CLEARANCE PROCEDURES

The removal of improvements is subject to all applicable statutes and regulations of federal, state, county and city governmental agencies, and in addition all work performed must strictly comply with the specifications stated herein.

Contractor is cautioned against incorporating any changes in these specifications without approval of the KYTC District Office. Any unapproved changes on this project will not be recognized for payment by the Owner. At no time will the Transportation Cabinet be responsible for vandalism to improvements.

The Contractor shall not use any state owned equipment nor state personnel on this project during the terms of this Contract.

The contractor shall confirm that all existing utility services have been disconnected at the meter or at the service cutoff valves by the proper utility company. Water lines shall be removed to the service meters, Document Description Page 9

2400000050 DEMOLITION KY 61

http://www.waste.ky.gov http://www.lrc.ky.gov/kar/401/063/005.htm and gas lines shall be removed to the service cutoff valves. Sewer lines shall be removed to the main line or to a depth well below the elevation of the proposed construction, and the remaining opening shall be closed with a masonry plug equal to the diameter of the pipe.

Buildings shall be removed and/or demolished in conformity with the best practices of the trade and in compliance with all ordinances and regulations pertaining to such work.

The contractor shall proceed to remove improvements on a street-by-street basis in an orderly fashion.

Once removal activities have begun on an improvement, the debris must be promptly removed and all other contract specifications completely finished within a reasonable time at the discretion of the Right of Way Supervisor.

The contractor shall (at his own expense and in a manner satisfactory to the Cabinet) sprinkle water on the debris as the work is being accomplished to eliminate dust from invading the surrounding neighborhood.

The contractor shall keep sidewalks and streets clean and (if necessary) repaired so as to not become a hazard to the public.

Walks, driveways, and paved areas shall be removed to the limits of the property lines or to the pavement edges of roads, streets or alleys.

Cisterns, cesspools, septic tanks and similar installations shall be emptied and the walls removed and/or broken up to a depth sufficient for proper filling as specified below, except when provided in the proposal for complete removal. Cesspools, septic tanks and similar installations are to be pumped by a licensed septic tank service prior to removal and documented by the submission of a paid receipt from the service that performed the pumping. (NOTE: failure to submit paid receipt referenced herein will result in a penalty of $200.00 per occurrence) The cost of pumping shall be considered and included in the contract price.

Basements shall be cleared of all debris, appliances, partition walls, wooden floors, and other items.

Concrete basement floors, basement walls and foundation walls shall be completely removed.

All open basements and other holes resulting from the removal of existing buildings, septic tanks, cisterns, or other structures (after being cleared to a shovel clean condition) shall be filled with stone, sand, or suitable earth compacted in layers to obtain a suitable field density unless otherwise specified in the description of parcels. No direct payment will be allowed for this work.

Prior to filling all open basements and other holes resulting from the removal of existing buildings, septic tanks, cisterns, or other structures, the contractor shall notify the District Right of Way Office of the time he will begin to fill the hole(s). This notice shall be at least twenty-four (24) hours in advance to allow the Right of Way Office to have an inspector present prior to and during the work. Basements and other open holes resulting from the removal of existing buildings, septic tanks, cisterns, or other structures shall not be filled on weekends, or holidays without special advance authorization.

Failure to notify the District Right of Way Office prior to filling any basement or open hole may result in the contractor being required to remove all material from the hole for an inspection of the material used.

This removal and refilling shall be at the expense of the contractor. All sites need to be graded to existing ground level unless otherwise specified in the description of parcels.

STRUCTURES

If structures are moved on, over, or across public right-of-way as part of this contract, vendor shall complete a House Moving Application (TC 95-310) and submit said application to Kentucky Transportation Cabinet, Department of Vehicle Regulations, Division of Motor Carriers. Structures shall not be moved until such time the House Moving Application is approved and a permit issued by the Cabinet. Vendor shall submit a copy of the approved permit to the District Property Management Agent for each house moved as part of this contract. (NOTE: Failure to provide said permit(s) will result in a $250.00 penalty per occurrence.)

DRILLED OR DUG WATER WELLS AND MONITORING WELLS SHALL NOT BE FILLED

Document Description Page 10

It shall be the responsibility of the contractor to see that no debris or foreign material falls into any water well or monitoring well during the removal of buildings or other items, and each well must be temporarily covered. No direct payment will be allowed for this work.

CLEANUP

The contractor shall at all times keep the project premises and surrounding area free from the accumulation of waste materials or rubbish caused by his operations in connection with the project.

Upon completion of the work, and prior to final inspection and acceptance, the contractor shall remove all remaining waste materials, rubbish, contractor’s construction equipment, tools, machinery and surplus materials and leave the project (including but not limited to glass, hardware, fixtures, masonry, tile and marble) in a clean and usable condition satisfactory to the owner. If the contractor fails to clean up as provided in the contract documents, the owner may perform the cleaning tasks and charge the cost to the contractor.

SAFETY OF PERSONS AND PROPERTY

The contractor shall continuously maintain adequate protection of all work from damage and shall protect the owner’s property from injury or loss arising in connection with this contract. He shall make good any such damage, injury, or loss, except such as may be directly due to errors in the specifications or caused by agents or employees of the owner. The contractor shall adequately protect adjacent property as provided by law and the contract.

The contractor shall take all necessary precautions for the safety of employees on the work site, and shall comply with all applicable provisions of federal, state, and municipal safety laws and building codes to prevent accidents or injury to persons on, about, or adjacent to the premises where the work is being performed.

PENALTIES

If penalties are assessed as a result of the contractor’s failure to perform to the specifications of this contract, penalties shall be deducted from the amount of the contract. If penalties exceed the amount of the contract the vendor shall be required to reimburse Cabinet for all penalties incurred. Vendor shall be responsible for any penalties incurred by Sub-contractors providing services for vendor. If outstanding penalties are owed by the vendor, future bids of vendor shall be rejected as non-responsible until such times all penalties are paid in full.

INDEMNIFICATION

The contractor shall indemnify and hold the owner harmless from any and all claims, liability, damage, loss cost and expense of every type whatsoever including, without limitation, attorneys’ fees and expenses, in connection with the contractor’s performance of this contract, provided that such claims, liability, damage, loss, cost or expense is due to sickness, personal injury, disease or death, or to loss or destruction of tangible property (other than the work itself), including loss of use resulting there from, to the extent caused by the contractor, or anyone for whose acts the contractor may be liable, regardless of whether such liability, claim, damage, loss, cost or expense is caused in part by the owner.

EVALUATION

The vendor’s performance will be evaluated by the District Property Management Agent throughout the term of this contract. If it is determined the vendor’s performance failed to meet the specifications required in this contract, the vendor will be provided a copy of the evaluation, and given opportunity to provide a written response. Past performance on an evaluation may be considered during an evaluation of future bids.

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

Document Description Page 11

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://sam.gov/content/wage-determinations

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

Locality 1 – KY20220040 Locality 2 – KY20220107 Locality 3 – KY20220038 Locality 4 – KY20220039

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.

Document Description Page 12

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

# 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.

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

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

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

Section 2 - Terms and Conditions of the Contract

2.00 - Executed Contract

The Contractor shall not deliver any items until a valid Contract has been fully executed. The Contract shall represent the entire agreement between the parties. Prior negotiations, representations, or agreements, either written or oral, between the parties hereto relating to the subject matter hereof shall be of no effect upon this Contract.

2.01 - Contract Components and Order of Precedence

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

1. The written Contract between the Parties;

2. Any Addenda to the Solicitation;

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

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

5. The Kentucky Revised Statutes KRS 45A.

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

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

2.02 - Changes and Modifications to the Contract

During the period of the contract, a modification shall not be permitted in any of its conditions and specifications, unless the contractor receives electronic or written approval from the KYTC Division of Purchases. If the contractor finds at any time that existing conditions make modification in requirements necessary, the contractor shall report the matter promptly to the KYTC Division of Purchases for consideration and decision. All contract modifications shall be subject to the provisions of 200 KAR 5:311.

2.03 - Basis of Shipment

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

2.04 - Notices

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

Paige Grass Division of Purchases Kentucky Transportation Cabinet Phone: 502-564-5243 E-mail: Paigej.Grass@ky.gov

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

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

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

2.05 - Completion

INITIATION AND COMPLETION OF PROJECT Within _5_ days after the award of contract, the contractor shall meet with the District Property Management Agent for a revision and submission of the Notification of Asbestos Abatement/Demolition/Renovation (DEP 7036) to the Division of Air Quality. The contractor shall be notified of a Pre-Improvement Removal Meeting within _5 days of the expiration of the NOI (DEP 7036).

A work order may be issued at the time of the Pre-Improvement Removal Meeting or within _5_ days of Pre- Improvement Removal Meeting. This will be at the discretion of the District Property Management Agent and/or the Right of Way Supervisor.

After _30__ consecutive calendar days from receipt of the work order from the District Property Management Agent, penalties in the amount of $500.00 per day will be assessed for a 7-calendar day period on each parcel not cleared. At the end of the above period (which totals 37 calendar days), the Cabinet may exercise its right to cancel the contract in its entirety without further notice. The bond or irrevocable letter of credit may be cashed upon cancellation of the contract.

2.06 - Inspection

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

2.07 - Invoices

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

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

a. Contract and order number;

b. Item numbers;

c. Description of supplies or services;

d. Sizes;

e. Quantities;

f. Service dates;

g. Unit prices; and

h. Extended totals.

2.08 - Payments

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

2.09 - Post Contract Agreements

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

2.10 - Reduction in Contract Worker Hours/Employee Furlough

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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 – 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.

2.12 - Termination of Contracts

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

2.13 - Endorsements

The Contractor shall not refer to the Award of Contract in commercial advertising in such a manner as to state or imply that the firm or its services are endorsed or preferred by the Commonwealth of Kentucky.

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

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

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

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

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

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

2.15 - Discrimination

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

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

Document Description Page 16 https://secure.kentucky.gov/sos/ftbr/welcome.aspx for training, including apprenticeship. The contractor agrees to post in conspicuous places, available to employees and applicants for employment, notices setting forth the provisions of this non-discrimination clause.

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

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

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

5. The contractor will…