Final_RFB_605_2400000227_1_SO_FORM.PDF

Document ID: RFB 605 2400000227 Page: 1

Commonwealth of Kentucky

SOLICITATION

Modification: No Version #:

TITLE: Guardrail Maintenance and Repair - D11 - Secondary

Date Issued:

11/06/2023 Record Date:

11/06/2023

Solicitation Closes Date:

11/27/2023 Time:

13:30

Solicitation No:

RFB 605 2400000227

Online Bidding Prohibited: No For Information Call:

Meredith Plymale 502-782-4003

Bid Receiving Location:

Bid Receiving

See Terms & Conditions for Bid Submission Instructions

Other KY

Vendor Customer Number:

Vendor Name:

Phone Number:

Fax Number:

Email Address:

Ordering

Address:

City, State, Zip:

Contact Name:

Contact Email:

Contact Phone Number:

Payment

Address:

City, State, Zip:

Contact Name:

Contact Email:

Contact Phone Number:

Ownership Type

__ Sole Proprietorship __ Partnership __ Corporation __ Other_________________________

SIGNATURE OF AUTHORIZED AGENT IS REQUIRED UNLESS RESPONSE

IS SUBMITTED ELECTRONICALLY. FAILURE TO SIGN SHALL RENDER

THE BID INVALID.

Signature X_________________________________________ FEIN#____________________ Date____________

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

Document ID: RFB 605 2400000227 Page: 2

Line Items

Commodity Group: Default Commodity Group

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

1 Guardrail Maintenance and Repair - District 11 0.00000 LNFT

Comm Code Comm Description Manufacturer Model # Manuf Part #

57028 Guard Rails and Accessories: Bolts, Posts, Terminal Ends, Wa

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

*On this line, Bidders must enter $0.01 for price and zero (0) for delivery in the e-procurement system.*

To do this, see attached document "How to Respond to an Online Bid through the Kentucky Vendor Self Service site (updated).pdf".

*ALL actual BID PRICES 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.*

*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.

Shipping Information KYTC District 11 - Manchester District Office

603 Railroad Ave

Manchester KY 40962

Billing Information KYTC District 11 - Manchester District Office

603 Railroad Ave

Manchester KY 40962

Document ID: RFB 605 2400000227 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

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 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.

Document Description Page 4

2400000227 Guardrail Maintenance and Repair - D11 - Secondary 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 2.25)

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

_____ CERTIFICATE OF INSURANCE (See Section 1.03)

PLEASE READ THIS SOLICITATION AND ITS INSTRUCTIONS IN ITS ENTIRETY.

This is a Request for Bid (RFB).

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

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

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

Section 1 - Scope of Work - Service

1.00 - Specifications of Service Requirements

This Master Agreement will be for guardrail repairs throughout District 11 in Bell, Clay, Harlan, Jackson, Knox, Laurel, Leslie, and Whitley Counties. Due to the large number of repairs needed in District 11, this Master Agreement is in addition to the Guardrail Repair Master Agreement already in place, therefore any vendor with a current Guardrail Repair Master Agreement in place is excluded from submitting a bid for these services.

The Contractor shall provide all equipment, labor, materials (unless provided by the Department), and incidentals necessary to repair guardrail.

The 2019 Kentucky Transportation Cabinet, Department of Highways Standard Specifications for Road and Bridge Construction will apply in all instances unless modified by the requirements stated hereinafter. The term “Vendor” as applied to this contract shall be understood to be synonymous with the term “Contractor” as appears in the standard specifications. Article references are to the current standard specifications.

Go to the following site for 2019 Kentucky Transportation Cabinet, Department of Highways Standard Specifications for Road and Bridge Construction: http://transportation.ky.gov/ Construction/Pages/Kentucky-Standard-Specifications.aspx

Document Description Page 5 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 http://transportation.ky.gov/Construction/Pages/Kentucky-Standard-Specifications.aspx http://transportation.ky.gov/Construction/Pages/Kentucky-Standard-Specifications.aspx

1.01 - Definitions

ASTM - American Society for Testing and Materials

AWPA - American Wood Preservers Association

1.02 - Method of Measurement

Guardrail of each type will be measured in linear feet along the length of the rail erected between the pay limits for end treatments and/or end connections and/or terminal sections complete and accepted in the final work. Nuts, bolts, washers, and any and all other hardware will not be measured for payment but will be considered incidental to both Vendor furnished and Department furnished guardrail installation.

Guardrail posts and offset blocks of each type will be measured in individual units complete and accepted in the final work.

Contrary to section 719.04.01, the Department will measure and pay for radius rail based on the linear feet.

Lane closures and shoulder closures accepted will be measured in individual units, one time for each work site. A work site shall be defined as a section of roadway in which the vendor is required to mobilize equipment and all work can be performed within a 1-mile section of roadway. Barricades, warning signs and other traffic control devices will not be measured for separate payment but will be considered incidental to the lane and shoulder closures. Lane or shoulder closures will be measured for each installation only once regardless of the number of times it is set or reset and removed. No shoulder closure will be measured for payment at a location where lane closures is accepted and measured.

1.03 - Materials Specifications

Steel beam guardrail accessories and components shall meet the requirements of Section

814.02 and shall comply with the AASHTO M-180 Class A Type 2, AASHTO M 232, and Standard Drawings RBR-001-012 and RBR-005-011, Guardrail shall be furnished by the Vendor or by the Department.

Guardrail posts shall comply with Section 814.04 and Standard Drawings RBR-001-12, RBR-015-05 and RBR-016-05, except as provided herein.

Steel post shall be wide flange shape W6 x 8.5 or W6 x 9 conforming to Section 814.04.01, AASHTO M 183, and AASHTO M 111 or at vendors option a W6 x 8.5 structural shape manufactured by the electric-resistance welding process for coils, meeting the requirements of ASTM A 769 Grade 36 or Grade 40.

Nominal dimensions and manufacturing tolerances being the same as for a W6 x 8.5 rolled section, galvanized in accordance with AASHTO M 111. All welding, drilling, or punching shall be completed before galvanizing. Steel Posts with anchor plates shall be 24 ½” long (including the plate thickness) or as directed by Engineer to meet site conditions.

Unless used for Corten Guardrail, Timber Guardrail Posts shall be square sawed to nominal dimensions 6” x 8” conforming to Section 814.04.02, WPA C14 and AWPA C14. Timber Guardrail Posts for Corten guardrail shall be round and conform to the Standard Drawings and Section 814.04.02 of the Standard Specifications.

Offset blocks shall be wood conforming to Section 814.05 and 814.04.01 or 814.04.02 as applicable or Composite plastic conforming to Section 814.05.02.

Document Description Page 6

Terminal sections shall conform to Section 814.03 and AASHTO M 180 Class A Type 2 and Standard Drawing RBR.010-06.

Guardrail Delineators shall be supplied and installed according to Section 830.02.01 and Sepia 002.

End Treatments shall conform to Section 814.06 (and shall be in same class and type as required for the guardrail to which they are attached) and galvanized in accordance with AASHTO M 111 or AASHTO M 232 as applicable, and comply with Standard Drawings RBR-020-05, RBR-025-05, RBR-030-05, RBR-035-10, and RBR-050-07 as applicable.

Barricades, warning signs, pavement markings and other traffic control devices shall conform to the Manual on Uniform Traffic Control Devices Current Edition, as applicable.

Guardrail Connectors to Bridge End shall conform to Current Standard Drawings RBB-001-008, RBB-002-09, RBB-010-05, RBC-001-11, RBC-002-03, RBC-003-08, RBC-004-07, RBC-100-04, and RBC-110-11, as applicable.

Energy Absorption Devices (crash cushions) shall conform to Current Standard Drawings RBE-040-10, RBE-060-14, RBE-065-07, RBE-070-06, RBE-100-10, RBE-200-06, and RBE-205-06, as applicable.

The guardrail posts shall be of the same type material as those they replace or of the same type material as other existing installations on the same project unless otherwise directed by the Engineer. The Engineer shall indicate on the purchase order the type required. However, concrete posts shall not be required.

Price changes will be allowed on a quarterly basis, due to the volatile market for steel and aluminum. Requested price increases must be based on industry wide price changes and must be equal to the increase from suppliers with firm documentation.

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.

1.04 - Control and Acceptance of Vendor Provided Materials

All materials will be accepted on the basis of samples, tests, inspections and certifications required by and in conformance with Sections 106.01, 106.02, 106.03, 106.05, 106.06 and

106.07 except as provided herein.

Materials shall be stored by the contractor so as to ensure preservation of their quality and fitness for the work. Stored materials shall be made readily available for inspections. No portion of the right-of-way may be used for material storage purposes or for the placing of the Vendor's plant and/or equipment except when work is actively in progress.

The Department reserves the right to test the completed work of individual materials at any time prior to final acceptance for payment.

Materials from stock that have been accepted for use on other projects let to construction by the Department may be used without further testing if the material specifications are equal or better and if the approval period, if any, has not expired.

Reasonable amounts of the Vendor’s stock may be sampled, tested, certified and approved for use prior to issuance of purchase order(s) in order to enable the Vendor to comply with the delivery requirements herein.

All treated timber may be inspected by the Department of Highways or its authorized representative prior to acceptance for payment. At the option of the Department, this inspection

Document Description Page 7 may be at the treating plant or at the point of delivery. When the Department elects to inspect the timber at the destination, the Vendor may hire the services of an independent timber inspection company (subject to prior approval of the Department) to provide for inspection at the treating plant which allows the material to be shipped pre-inspected.

The Vendor shall contact the Division of Materials, Kentucky Department of Highways, Frankfort, KY 40622 (Phone (502) 564-3160) at least 15 days prior to commencing an order for instructions on inspection procedures.

1.05 - Construction Requirements

The work shall consist of removing guardrail, realigning guardrail, and furnishing and erecting steel W-beam guardrail, steel offset blocks, steel guardrail posts, timber guardrail posts, wood offset blocks, composite offset blocks, each type end treatment, the terminal sections, and each type guardrail connector and embankments in accordance with the Kentucky Transportation Cabinet, Department of Highways 2019 Standard Specifications Section 719 with applicable provisions of these specifications, and with the details shown on the applicable Standard Drawings and Sepias. The Vendor shall furnish all labor, materials (unless supplied by the Department), equipment, tools, transportation, supplies, and incidentals (including but not limited to nuts, bolts, washers, etc.) required to complete the work in accordance with the current standard drawings, current specifications and terms of this contract.

The guardrail posts, offset blocks, terminals sections, end treatments, connections and embankments shall be constructed to the lines, grades and elevations shown on the standard drawings or as designated by the Engineer. Unless otherwise directed, the guardrail shall be constructed at the proper height as shown in the Standard Drawings or by any method approved by the Engineer which allows the construction of the guardrail to the true gradient and prevents apparent sags.

All existing guardrail components removed that are still in usable condition shall remain the property of the Department. Existing guardrail components still in usable condition which are not to be reset shall be removed in an acceptable manner to the Engineer and may be stockpiled on the right-of-way at sites approved by the Engineer. Stockpiling on the shoulders and in the median shall not be permitted. The nuts, bolts and washers shall become the property of the Vendor. During or upon completion of the work, all guardrail components which are in usable condition shall be delivered to the County Maintenance facility specified by the District. Existing guardrail components that are damaged and therefore not in usable condition shall become the property of the Vendor. In recognition of the value of this scrap metal, the Vendor shall compensate the Department with a Scrap Metal Credit when submitting an invoice. The line item for Scrap Metal Credit shall be set at $1.00 per linear foot of damaged guardrail retained by the Vendor.

Lane closures and shoulder closures shall be in conformance with the Manual on Uniform Traffic Control Devices, Current Edition.

In all instances, the Contractor shall be responsible for repairing any damage done to underground facilities such as, but not limit to, electrical conduit, perforated pipe, culvert pipe, drainage structures, etc., as the result of driving or pulling of guardrail posts. If electrical service is damaged, it shall be repaired immediately. Dry sand shall be used to fill all voids left as the result of pulling existing guardrail post and as directed by the Engineer to fill voids around posts as a result of realigning the guardrail and/or posts. The cost of the work mentioned in this paragraph shall be incidental to affected bid items.

Before You Dig: The Contractor shall be responsible for all requirements and conformance with the Underground Facility Damage Prevention Act of 1994. The Contractor will be responsible for locating any utilities on the project. All underground utilities shall be located prior to construction.

Any utilities disturbed or damaged as a result of the Contractor’s operations will be repaired to

Document Description Page 8 the satisfaction of the utility owner at the Contractor’s expense. The Contractor is advised that he can call (800) 752-6007 a minimum of 2 working days prior to excavation for information on the location of some but not necessarily all underground utilities.

When either new guardrail installations or guardrail to be reset is installed under traffic, the blunt ends shall not be left exposed where they would be hazardous to the public. When it is not practical to complete the construction of the permanent end treatments first, the Engineer may require a temporary end by connecting at least 25 feet of rail to the last post, and by slightly flaring and burying the end of the rail completely into the existing shoulder. If left overnight, an approved safety drum with vertical panels as detailed in the MUTCD, current edition shall be placed in advance of the guardrail end and maintained during use. The cost of the temporary end, including the drum and panel, shall be included in the unit price bid for either new guardrail or reset rail.

The Contractor shall restrict guardrail operations to one mile per side and at no time will he conduct his operations in a manner that will hamper the flow of traffic on both sides of the traveled way at the same time. No fill shall be left unguarded overnight without use of proper warning devices.

Field punching or drilling of holes may be necessary and shall be incidental. The edges of all holes punched in the existing rail or rail furnished by the Department, posts that are to be reused and all scratches or marred areas in completed installations shall be painted with 2 coats of zinc dust-zinc oxide paint conforming to the current issue of Federal Specification TT-P-641.

When guardrail is to be realigned either vertically or horizontally, voids around posts shall be compacted as directed by the Engineer.

Type 7 end treatments shall not be installed or replaced on the National Highway System.

1.06 - Special Notes for Bridge Guardrail Installation

See Standard Drawing BHS-007-07 for information pertaining to the placement of Steel "W" beam Guardrail (single face-A) at the bridge ends described in the Bridge Guardrail Detail (Case I-A), Bridge Guardrail Detail (Case I), Bridge Guardrail Detail (Case I-B), or Bridge Guardrail Detail (Case II).

1.07 - Notes

IF THE FOLLOWING CONDITIONS EXIST, CASE I-A SHALL APPLY:

If the dimension from the top of the existing riding surface to the top of the curb is greater than 2" (curb height = D), the surface of the bridge shall not be paved flush to the top of the curb.

If the curb width is less than 18", Case I-A shall apply.

If the clear distance between the faces of the guardrail is less than 20', Case I-A shall apply.

Pre-cast concrete bridge rail block shall be required at the ends of the bridge, which face opposing traffic.

1.08 - Storage of Guardrail and Cable Barrier Components

The Contractor shall be responsible for providing a secure storage site within the District for the guardrail materials to be used as part of this master agreement. The Department will not allow any of these materials to be stored on Department Property. If the District chooses to provide guardrail for parts of this contract the District will allow this material to be stored at KYTC Facilities and Contractor will be allowed to pick up the material during working hours. In these situations KYTC will provide equipment to load material.

Document Description Page 9

The Vendor will not be permitted to store damaged guardrail retained as “scrap” on the Department’s right of way or maintenance lots.

When delivery order(s) for more than one guardrail or cable barrier repair project have been issued, the Engineer may determine the priority to be given to each purchase order.

Guardrail, posts, guardrail end treatments, terminal section, bridge end connectors, offset blocks, line posts, and end posts may be furnished by the Vendor or by the Department as directed by the Engineer. If material is supplied by the Department, the vendor is required to get an Inventory Form signed and dated by District personnel. The form shall show what items were removed/returned to the Maintenance Lot, quantity, location for work being done, and the person picking up/returning the items. Failure to obtain a signed Inventory Form may result in non-payment of the invoice for that work order. Inventory Forms are to be provided by District personnel. The Vendor is only authorized to remove/return materials from the Maintenance Lot during normal business hours. However, in the event of an emergency repair, District personnel may arrange to meet the vendor at the lot during non-traditional business hours. The Vendor shall load and deliver the guardrail to the work site using Vendor’s labor and equipment.

A Vendor unable to fulfill their contract for a specific period of the time shall immediately notify the Chief District Engineer and the Transportation Cabinet, Division of Purchases in writing. The letter should specify the inclusive dates of this period.

1.09– 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.

Document Description Page 10

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

The insurer shall have an AM Best rating of B+ or higher. Visit www.ambest.com for verification.

Failure to meet this requirement may result in the bid being deemed non-responsive.

Section 2 - Terms and Conditions of the Contract

2.00 – Scope of the Contract

The Kentucky Transportation Cabinet Division of Purchases issues this solicitation on behalf of District 11 to award a master agreement contract for: Guardrail Maintenance and Repair - District 11 - Secondary

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 December 01, 2023 and expiring November 30, 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:

District 11

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

Document Description Page 11

2400000227 Guardrail Maintenance and Repair - D11 - Secondary http://insurance.ky.gov/company http://www.ambest.com

2.05 - Quantity Basis of Contract

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

2.06 - Exception to Required Use of Contract

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

2.07 - Basis of Price Revisions

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

A. Price Increases: A price increase will not be allowed during the first twelve (12) months of the contract. Only one price increase will be allowed during the contract period. The price increase must be based on industry wide price changes. The contract holder must request in writing a price increase at least thirty (30) days prior to the effective date, and shall provide firm proof that the price increase(s) is justified. The KYTC Division of Purchases may request additional information or justification. If the price increase is denied, the contract holder may withdraw from the contract without prejudice upon written notice and approval by the KYTC Division of Purchases. Notice of withdrawal must be provided a minimum of forty-five (45) days prior to the effective date however the vendor must continue service at the contract prices until a new contract can be established (usually within sixty (60) days).

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

C. Extended Contract Periods: If the contract provides for an optional renewal period, a price adjustment may be granted at the time the contract is renewed, subject to price increase justification as required “A. Price Increases”. One (1) additional price increase may be granted during the extended contract period. This price increase will not be allowed during the first six

(6) months of the extended contract period and will be subject to the conditions in “A” above.

2.08 - Addition or Deletion of Items or Services

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

2.09 - Changes and Modifications to the Contract

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

Document Description Page 12

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

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:

Meredith Plymale

Division of Purchases

Kentucky Transportation Cabinet

Phone: 502-782-4003

E-mail: Meredith.Plymale@ky.gov

Document Description Page 13 mailto:Meredith.Plymale@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 – Deliveries

Delivery and repair shall be made at any point in the indicated county in the District as directed by the Engineer and shown on the Delivery Order. All repair requests will be reported to the Contractor by the District Office (or designee). The Contractor shall provide a contact name, phone number, and fax number or email address where all repair requests can be reported.

A fax copy or email of a Delivery Order to the Contractor will be the official notification of the repair request. The fax or email will specify the type of repair work required, including the approximate location (mile point) of work and approximate bid items needed to complete the repair.

The District Representative should be notified when the Contractor plans to carry out the repair work (date and time), so that the District may inspect the work.

Repair shall begin within 15 working days of request from Engineer or authorized representative and progress steadily until completion. The Engineer may require repair to begin sooner than 15 working days and/or require work to be continued during weekends, holidays, night time hours, and other than normal working hours and/or restrict work to certain days of the week or hours of the day. The Engineer may request work to be done on an emergency basis. Work done on an emergency basis shall begin within 24 hours of request or as directed by the Engineer.

Should vendor fail to begin work within the required response period, they agree and further authorize the Commonwealth to deduct damages from the invoice in the amount of $1000.00 per day for each day the service is withheld.

The Vendor’s shipments and hauling equipment shall not exceed established limits.

Guardrail, posts, guardrail end treatments, terminal section, bridge end connectors, offset blocks, line posts, and end posts may be furnished by the Vendor or by the Department as directed by the Engineer. If material is supplied by the Department, the vendor is required to get an Inventory Form signed and dated by District personnel. The form shall show what items were removed/returned to the Maintenance Lot, quantity, location for work being done, and the person picking up/returning the items. Failure to obtain a signed Inventory Form may result in non-payment of the invoice for that work order. Inventory Forms are to be provided by District personnel. The Vendor is only authorized to remove/return materials from the Maintenance Lot during normal business hours. However, in the event of an emergency repair, District personnel may arrange to meet the vendor at the lot during non-traditional business hours. The Vendor shall load and deliver the guardrail to the work site using Vendor’s labor and equipment.

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.

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A Vendor unable to fulfill their contract for a specific period of the time shall immediately notify the Chief District Engineer and the Transportation Cabinet, Division of Purchases in writing. The letter should specify the inclusive dates of this period.

2.15 - Inspection

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

2.16 - Invoices

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.

Payment shall be full compensation for all materials, equipment and labor necessary to complete the work.

No direct payment will be made for nuts, bolts, washers, backup plates, and incidental hardware for either vendor or Department supplied guardrail, posts and component items.

Unless otherwise specified, no direct payment will be made for caps, spacers, pegs, sleeve covers, sleeves, end anchor connectors, turnbuckles, reflectors, or other incidental hardware for cable barrier repairs.

No direct payment will be made for water to obtain proper compaction of embankments.

No direct payment will be made for barricades, warning signs and traffic control devices for maintaining and controlling traffic.

No direct payment will be made for mobilization or demobilization.

No direct payment will be made for overhaul of material for embankments.

No direct payment will be made for seeding and protection or fertilizer.

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No direct payment for replacement of steel reinforcement in damaged sections of curbs and barrier walls requiring concrete Class AA.

2.18 - Vendor’s Report

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

This report may be the vendor’s computer printout sheet or form. This shall apply to all items, which are to become a part of this contract. This report must reference usage by brief description, product number or other format designated by the KYTC Division of Purchases.

2.19 - Post Contract Agreements

The Master Agreement shall represent the entire agreement between the parties. Prior negotiations, representations, or agreements, either written or oral, between the parties hereto relating to the subject matter hereof shall be of no effect upon this contract. Unless, contractually provided, the Commonwealth shall not be required to enter into nor sign further agreements, leases, company orders or other documents to complete or initiate the terms of the contract. Any such documents so obtained will be non-binding on the State and be cause for breach of contract.

2.20-Subcontracts

The contractor is permitted to make subcontract(s) with any other party for furnishing any of the work or services herein. The contractor shall be solely responsible for performance of the entire contract whether or not subcontractors are used. The Commonwealth shall not be involved in the relationship between the prime contractor and the subcontractor. Any issues that arise as a result of this relationship shall be resolved by the prime contractor.

All references to the contractor shall be construed to encompass both the contractor and any subcontractors of the contractor.

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

All payments will be made directly to the contracted vendor. It is the vendor’s responsibility to make payment to the subcontract. Payments shall not be made to the subcontractor by the Commonwealth. Subcontractors having nonpayment issues that could not be resolved with the Vendor, should report in detail these incidents to the buyer of record for this solicitation.

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.

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The Contractor will be solely and entirely responsible for its acts and the acts of its agents, employees, servants and subcontractors during the performance of this Contract.

Deviations of services performed will not be made without the written approval of the KYTC Division of Purchases. Problems that arise under any aspect of performance should first be resolved between the vendor and the agency. If such problems and/or disagreements cannot be resolved, they should be referred to the KYTC Division of Purchases for mediation.

2.22 - Assignment

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

2.23 – Ethics Compliance

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

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

2.24 - Termination of Contracts

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

2.25 - 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.

2.26 - Registration with the Secretary of State by a Foreign Entity

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

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

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

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

Businesses can register with the Secretary of State at https://onestop.ky.gov/Pages/default.aspx

2.27 - Discrimination

Document Description Page 17 https://onestop.ky.gov/Pages/default.aspx

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

1. The contractor will not discriminate against any employee or applicant for employment because of race, religion, color, national origin, sex, sexual orientation, gender identity or age.

The contractor further agrees to comply with the provisions of the Americans with Disabilities Act (ADA), Public Law 101-336, and applicable federal regulations relating thereto prohibiting discrimination against otherwise qualified disabled individuals under any program or activity.

The contractor agrees to provide, upon request, needed reasonable accommodations.

The contractor will take affirmative action to ensure that applicants are employed and that employees are treated during employment without regard to their race, religion, color, national origin, sex, sexual orientation, gender identity, age or disability. Such action shall include, but not be limited to the following; employment, upgrading, demotion or transfer; recruitment or recruitment advertising; layoff or termination; rates of pay or other forms of compensations; and selection for training, including apprenticeship.