Final_RFB_605_2400000455_2_SO_FORM.PDF

Document ID: RFB 605 2400000455 Page: 1

Commonwealth of Kentucky

SOLICITATION MODIFICATION

Modification: Yes Version #: 2

TITLE: Equip. Rental Offset Drill w/operator-D-12 STATE

Date Issued:

03/12/2024 Record Date:

03/12/2024

Solicitation Closes Date:

03/19/2024 Time:

13:30

Solicitation No:

RFB 605 2400000455

Reason for Modification

Modification to answer vendor questions. Bid closing date shall be changed to 3/19/2024. No other changes have been made.

Online Bidding Prohibited: No For Information Call:

LANESSIA MCCOURT

502-782-3979

Bid Receiving Location:

Bid Receiving

See Terms & Conditions for Bid Submission Instructions

Other KY

Vendor Customer Number:

Vendor Name:

Phone Number:

Fax Number:

Email Address:

Ordering

Address:

City, State, Zip:

Contact Name:

Contact Email:

Contact Phone Number:

Payment

Address:

City, State, Zip:

Contact Name:

Contact Email:

Contact Phone Number:

Ownership Type

__ Sole Proprietorship __ Partnership __ Corporation __ Other_________________________

SIGNATURE OF AUTHORIZED AGENT IS REQUIRED UNLESS RESPONSE

IS SUBMITTED ELECTRONICALLY. FAILURE TO SIGN SHALL RENDER

THE BID INVALID.

Signature X_________________________________________ FEIN#____________________ Date____________

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

Document ID: RFB 605 2400000455 Page: 2

Line Items

Commodity Group: Default Commodity Group

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

1 State-Offset Drill w/Op Vendor Provides Railroad Steel

30000.00000 LNFT

Comm Code Comm Description Manufacturer Model # Manuf Part #

97535 Equipment With Operator, Rental or Lease

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

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

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

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

Furnish (2) modified rotary drill(s), truck or track mounted with operator(s) to drill 7" TO 10" diameter holes in soil and rock to install and place railroad rails up to 39 feet in length and weighing up to 140 lbs per linear yard.

Rotary drill must have capability of drilling holes that are offset a minimum of five (5) feet from the edge of the truck tire or track (if track mounted) to the center of the hole.

Drill rig must be capable of handling railroad rail up to 39 feet in length.

Drill rig should be powered by motor of 130 horsepower or greater with at least 16,000 lbs. pulldown pressure and a 300 CFM or greater air compressor.

Drill rig must be capable of drilling from either side or back of carrier.

Drill must have capability of drilling a maximum of forty (40) foot holes from road elevation.

Vendor must be able to drill and install 800 feet of railroad steel per 8 hour workday per drill. Leeway will be given for weather and unforeseen circumstances at the Department's discretion.

Vendor to furnish used railroad rails.

Vendor shall submit a certification stating that all manufacturing processes involved with the production of steel or iron materials occurred in the United States. The attached recycle content form must be submitted with the bid.

Use recycled (used) railroad rails classified with a nominal weight of 130 lb/yd (pounds per yard) size or greater.

Use only visibly straight recycled railroad rails with no splices.

The Engineer will verify rail nominal weights (manufacturer's stamp with lb/yd, date, etc.).

Provide certification for nominal weight if the manufacturer's stamp is unidentifiable.

2 State-Offset Drill w/Op Department Furnishes Railroad Steel

15000.00000 LNFT

Extended Description Furnish (2) modified rotary drill(s), truck or track mounted with operator(s) to drill 7" TO 10" diameter holes in soil and rock to install and place steel railroad rails up to 39 feet in length and weighing up to 140 lbs per linear yard.

Document ID: RFB 605 2400000455 Page: 3

Rotary Drill must have capability of drilling holes that are offset a minimum of five (5) feet from the edge of the truck tire or track (if track mounted) to the center of the hole.

Drill rig must be capable of handling railroad rail up to 39 feet in length.

Drill rig should be powered by motor of 130 horsepower or greater with at least 16,000 lbs. pulldown pressure and a 300 CFM or greater air compressor.

Drill rig must be capable of drilling from either side or back of carrier.

Drill must have capability of drilling a maximum of forty (40) foot holes from road elevation.

The Department will make the railroad steel available at the nearest KYTC D-12 maintenance facility. The vendor will be responsible for picking up and delivering the railroad steel to the work site. The Department may assist with loading the railroad steel at the maintenance facility.

Vendor shall return all unused railroad steel to the KYTC facility from which the material was obtained.

Vendor must be able to drill and install 800 feet of railroad steel per 8 hour workday per drill. Leeway will be given for weather and unforeseen circumstances at the Department's discretion.

3 State - Cribbing Provided by Vendor 27000.00000 SQFT

Extended Description Vendor to furnish and install cribbing at slide location as directed by Engineer. Vendor furnished cribbing must be galvanized guardrail, reinforced concrete panels, or equivalent material as approved by Engineer.

4 State- Excavation & Backfill 3000.00000 CUYD

Extended Description Perform excavation as the slide repair dictates or as directed by the Engineer. Obtain written permission from Engineer before wasting excavated material on right-of-way. If the Engineer deems no suitable sites are available within right-of-way, the vendor will be required to obtain off site waste areas at no additional cost to the Department. The vendor shall provide the Department with property owner agreements for each off site waste area.

Backfill material shall meet requirements of Section 805 of the Kentucky Standard Specifications for Road and Bridge Construction, Current Edition

Do not use excavated material from site as fill material.

Document ID: RFB 605 2400000455 Page: 4

5 State - Fabric Geotextile Class I - Provided by Vendor

4000.00000 SQFT

Extended Description Vendor to provide and install Class I Geotextile fabric in accordance with Section(s) 843 and 214 of the Kentucky Standard Specifications for Road and Bridge Construction, Current Edition

When requested by the Department, the Vendor shall provide material certification certifying the material confirms to the specifications noted above.

6 State-Cyclopean RipRap - Embankment Depths 0FT - 12FT

500.00000 TON

Extended Description Place cyclopean riprap on embankments at depths and thickness as directed by Engineer

Material shall meet requirements of Section 805 of the Kentucky Standard Specifications for Road and Bridge Construction, Current Edition

Vendor shall provide a certified weight ticket for every load. Payment will be made based upon the certified weight tickets for the installed quantity.

The Engineer will use visual inspection and/or material testing as applicable to determine acceptability.

Minimum Order - 150 Ton

7 State- Cyclopean RipRap - Embankment Depths 13 - 30 FT.

500.00000 TON

Extended Description Place cyclopean riprap on embankments at depths and thickness as directed by Engineer

Material shall meet requirements of Section 805 of the Kentucky Standard Specifications for Road and Bridge Construction, Current Edition

Vendor shall provide a certified weight ticket for every load. Payment will be made based upon the certified weight tickets for the installed quantity.

The Engineer will use visual inspection and/or material testing as applicable to determine acceptability.

Minimum Order - 300 Ton.

Document ID: RFB 605 2400000455 Page: 5

8 State-Excavation Cyclopean RipRap- Embankment Depths 0-12ft

100.00000 CUYD

Extended Description Excavate all necessary material required to facilitate the placement of cyclopean riprap. Which shall include, but not limited to: embankment benches, undercut for toe wall, loose and failed material.

Obtain written permission from Engineer before wasting excavated material on right-of-way. If the Engineer deems no suitable sites are available within right-of-way, the vendor will be required to obtain off site waste areas at no additional cost to the Department. The vendor shall provide the Department with property owner agreements for each off-site waste area.

9 State-Excavation Cyclopean RipRap- Embankment Depths 13-30FT

100.00000 CUYD

Extended Description Excavate all necessary material required to facilitate the placement of cyclopean riprap. Excavation may include, but not limited to: creating embankment benches, undercut for toe wall, slipped or failed material.

Obtain written permission from Engineer before wasting excavated material on right-of-way. If the Engineer deems no suitable sites are available within right-of-way, the vendor will be required to obtain off site waste areas at no additional cost to the Department. The vendor shall provide the Department with property owner agreements for each off-site waste area.

10 State- Guardrail Removal 1500.00000 LNFT

Extended Description Remove guardrail as directed by the Engineer in accordance with Section 719.03.03 of the Kentucky Standard Specifications for Road and Bridge Construction, Current Edition. Except the vendor shall take possession of the guardrail posts, offset blocks, terminal sections and guardrail components.

The vendor shall deliver the w-beam rail sections to the nearest KYTC D-12 maintenance facility. The Department will identify a location at the local maintenance facility for the Vendor to unload the w-beam rail sections. The Vendor shall stack w-beam rail 45 per bundle (3 wide, 15 high, overlapped).

Document ID: RFB 605 2400000455 Page: 6

11 State - Bucket Truck with Operator 20.00000 HOUR

Extended Description Vendor furnished bucket truck with operator capable of cutting trees and limbs to a height sufficient to clear site for their drill mast.

Operator must be properly trained for the bucket truck operations and wear the appropriate PPE's.

12 State - Traffic Control 500.00000 HOUR

Extended Description Vendor shall supply traffic control in accordance with the following: MUTCD, KYTC standard drawings, KYTC sepia drawings and Section 112 of the Kentucky Standard Specifications for Road and Bridge Construction, Current Edition

With permission from Engineer, the vendor may elect to use temporary traffic signals for portable signals with appropriate signing in accordance with MUTCD, KYTC standard drawings, KYTC sepia drawings.

The hourly rate shall include everything required to confirm with the requirements noted above.

Flaggers shall wear appropriate PPEs and must stay in constant communication with one another.

If the Department intends to provide traffic control, this item will be omitted from the delivery order.

Shipping Information Various Shipping

See Extended Description

Various KY

Billing Information KYTC District 12 - Pikeville District Office

109 Loraine Street

Pikeville KY 41501

Document ID: RFB 605 2400000455 Page: 7

Submission Checklist

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

Item Bidder with the lowest price will receive the maximum score.

Bidder with the lowest response time receives the maximum score.

3/12/2024 Addendum #1-To answer vendor questions.

Q-1. Other districts in Kentucky allow for the adjustment of unit prices based on the price of materials, specifically Used Railroad Rail and Used Guardrail prices can change quite a bit from month to month. Used Railroad Rail has been quite volatile in the last few years. Will this contract allow for unit price adjustments based on changes in material prices over the lifespan of the contract?

A-1. We will only do the normal price adjustments after 6 months of the contract.

Bid closing date shall be changed to 3/19/2024.

No other changes have been made.

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.

Document Description Page 8

2400000455 Equip. Rental Offset Drill w/operator-D-12 STATE 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

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

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

PUBLIC BID READINGS

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

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

BID SUBMISSION CHECKLIST

The vendor MUST include the following with the bid submission. If the items below are not submitted with the bid, the Commonwealth MUST deem the bid non-responsive and SHALL NOT be considered for award.

_____ BID INFORMATION – COMPLETED (See Section 5.00)

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

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

ENTITY (See Section 2.26)

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

_____ CERTIFICATE OF INSURANCE (See Section 1.03)

_____ EQUIPMENT SPECIFICATION/PRODUCT LITATURE

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

Document Description Page 9

2400000455 Equip. Rental Offset Drill w/operator-D-12 STATE 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

All work shall be performed in accordance with the Department’s Current Standard Specifications for Road and Bridge Construction and applicable Special Provisions except as specified hereafter.

Prior to starting work on a repair site. The Vendor shall submit an excavation locate request to the Kentucky Contact Center (KY 811).

The equipment will be furnished in good mechanical working condition, fully operated with one (1) operator and with all maintenance and repairs including fuel and lubrication necessary for its operation.

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

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

Coordination with Department – Upon receipt of a delivery order, the Vendor shall schedule an onsite project meeting with the Engineer to discuss the project limits, expectations, required shoulder offset, etc. And to determine if utilities are obstructing the site. In the event utility relocations are required. The Department will schedule a utility coordination meeting. The Vendor shall attend this meeting and provide the utility companies with the requirements to clear the site of utilities.

1.01-Offset Drill w/Operator

Furnish Modified Rotary Drill, truck or track mounted, to be utilized as directed and assigned by Department personnel. Contractor shall have the ability to furnish a minimum of two (2) Modified Rotary Drills at any time, at the request of the District. Each Modified Rotary Drill shall be provided with an operator and have the ability to drill 7 inch to 10 inch diameter holes in soil and rock to install railroad rails up to 39 feet in length, and classified with a nominal weight of 130 lb/yd (pounds per yard) size or greater.

Rotary Drills shall have the capability of drilling holes that are offset a minimum of five (5) feet from the edge of the truck tire or track (if track mounted) to the center of the hole. Drill rigs should be powered by motor of 130 horsepower, or greater, with a minimum of 16,000 lbs pulldown pressure and a 300 CFM or greater air compressor. Rotary Drills must be capable of drilling from either side or back of the carrier. Drill rigs must have the capability of drilling a maximum of forty (40) foot holes from road elevation and be capable of handling railroad rails up to 39 feet in length. Drill must be capable of installing the railroad rails in a staggered double row arrangement with a minimum spacing of 2 foot center to center between the rows and a spacing between the rails of 2 feet minimum and 4 feet maximum. For each drill requested, the Vendor must be able to drill and install 800 feet of railroad rails per 8 hour workday. Consideration will be given for weather and unforeseen circumstances at the Department’s discretion. Drill rig must be dependable, safe, and in good working order. Vendor must abide by Air Quality Requirements outlined in 401 KAR 63:010, fugitive emission regulations. If the Vendor fails to properly control fugitive emissions, the Department will stop work, until the Vendor can demonstrate the ability to prevent fugitive emissions.

The vendor must be capable of drilling steel of a consistent alignment conductive to attachment of cribbing. Drill must be capable of drilling through embankment material and into bedrock. The typical embedment into bedrock will be no less than one-half the free end length of the rail. The Department will monitor each hole, which will serve as a sounding. The Engineer will determine the final embedment

Document Description Page 10

2400000455 Equip. Rental Offset Drill w/operator-D-12 STATE length and final depth to be drilled. Allow adequate size of the drilled socket to allow for free insertion of the railroad rail, but the maximum socket size shall not exceed one foot in diameter.

After each hole is drilled, install railroad rail immediately with the flanges positioned parallel to the roadway and the long flange adjacent to the road. Immediately backfill the sockets after installing the railroad rail using the following approved materials: free flowing sand, pea gravel, crushed limestone or crushed sandstone. The backfill material shall have 100% passing the ½” sieve. Shovel or drop the backfill material into the hole in small amounts. Avoid bridging the rail and the sides of the holes. Do not use auger tailings as backfill material. The backfilling is incidental to the price per linear foot.

The railroad rail shall be flush with the top of the cribbing wall. Vendor will be required to cut off excess or pull up low pieces to insure steel is flush with cribbing wall. The Vendor will take possession of all unusable cutoffs for both Vendor and Department provided rail. Vendor will be responsible for returning any unused railroad, other than unusable cutoffs, provided by the Department. The rail shall be returned to the KYTC D-12 maintenance facility from which the material was obtained.

After completing the installation of the railroad rails. The Vendor shall start the cribbing, excavation and backfill operations within (7) calendar days. Consideration will be given for weather and unforeseen circumstances at the Department’s discretion.

The Department will make payment based upon the field measured in-place quantity. The Department will not measure cutoffs, excess, and waste.

1.02- Cribbing

Install wall cribbing on any exposed portion of railroad rail before placing backfill. Insure cribbing is installed across bottom of excavation to provide a solid floor for backfill material. Extend cribbing wall (2) feet below the existing ground line or (12) feet below the proposed roadway elevation, or as directed by the Engineer. If bedrock is encountered, install cribbing to the bedrock only. Lap, bolt, weld, and attach cribbing solid to the drilled railroad rails. Insure entire cribbing wall is bearing on drilled railroad rails. Take necessary corrective measures to insure railroad rail is supporting the entire cribbing wall. The top of the cribbing wall will be established by projecting the cross slope of the estimated final roadway surface to the edge of the reconstructed shoulder. Measures will be taken to insure, the cribbing wall does not create ponding water.

The Department will measure cribbing in square feet of finished in-place area. The Department will not measure laps, cutoffs, excess and waste.

1.03 – Excavation and Backfill

Excavate each repair site as directed by Engineer to provide a platform for drilling the railroad rails; place cribbing and granular backfill; and excavation as necessary for slopes, ditches, shoulders, and drainage.

Limit damage to or removal of the existing pavement. The Engineer may direct that the excavating equipment bucket size and width to be adjusted to achieve the excavation minimizing damage to the pavement, utilities, drilled steel, etc. After completing excavation, place geotextile fabric, and then backfill behind cribbed railroad rails. Construct backfill up to approximately (4) inches below the existing pavement elevation. Place backfill in lifts of (2) feet or less in such a way to limit settlement to the area and tamp with excavator bucket. Roll the final lift with excavation equipment to insure backfill is fully compacted.

Do not use excavated material as backfill.

Document Description Page 11

The final (4) inches of backfill material shall be DGA. The DGA will extend the full width of the reconstructed shoulder or a maximum width of (4) feet. Do not pond water on the shoulder area or at the shoulder edge. The DGA will be considered incidental to excavation and backfill.

The Vendor shall be responsible for installing temporary erosion control measures such as: temporary mulch, silt checks and temporary silt fence. Temporary erosion control measures will be considered incidental to excavation and backfill.

All disturbed areas shall receive final dressing with seed and protect. These items will also be considered incidental to excavation and backfill.

Obtain written permission from Engineer before wasting excavated material on right-of-way. If the Engineer deems no suitable sites are available within right-of-way, the vendor will be required to obtain off site waste areas at no additional cost to the Department. The vendor shall provide the Department with property owner agreements for each off site waste area.

The Department will make payment based upon field measurements for the calculated volume of the installed in-place quantity.

1.04 – Geotextile Fabric

Vendor to provide and install Class I Geotextile fabric in accordance with Section(s) 843 and 214 of the Kentucky Standard Specifications for Road and Bridge Construction, Current Edition. The fabric is to be used for cribbing walls and placement of cyclopean riprap.

The Department will field measure the quantity in square yards of finished in-place area. The Department will not measure laps, seams, cut offs, excess, or waste.

1.05 – Cyclopean RipRap

Vendor to provide and install cyclopean riprap in locations as directed by Engineer. The Engineer will determine the required thickness and limits of the repair site. When working near streams, insure final placement of riprap does not restrict flow of stream.

The Department will make payment based upon certified weight tickets for the installed quantity.

1.06 – Excavation for Cyclopean RipRap

Vendor to preform excavation to facilitate the placement of cyclopean riprap. The excavation may include but not limited to: embankment benches, undercut for toe wall, loose and failed material.

Obtain written permission from Engineer before wasting excavated material on right-of-way. If the Engineer deems no suitable sites are available within right-of-way, the vendor will be required to obtain off site waste areas at no additional cost to the Department. The vendor shall provide the Department with property owner agreements for each off site waste area.

The Department will make payment based upon field measurements for the calculated volume of removed material.

1.07 – Remove Guardrail

Document Description Page 12

Remove guardrail as directed by the Engineer in accordance with Section 719.03.03 of the Kentucky Standard Specifications for Road and Bridge Construction, Current Edition. Except the vendor shall take possession of the guardrail posts, offset blocks, terminal sections and guardrail components. Care must be taken to insure the guardrail is not damaged during removal. Do not cut the guardrail, sections must be unbolted at splices. DO NOT leave blunt ends exposed to traffic. The vendor shall provide a temporary end by removing the guardrail posts for an additional 25FT beyond the repair site. One end of the remaining guardrail section(s) will remain attached to the last post with the opposite end being slightly flared and completely buried into the existing shoulder. The temporary end will be incidental to the removal of guardrail and will not be measured for payment. If the Vendor leaves blunt ends exposed to traffic. The Department will access a penalty of $1,000 per calendar day until corrected.

The vendor shall deliver the w-beam rail sections to the nearest KYTC D-12 maintenance facility. The Department will identify a location at the local maintenance facility for the Vendor to unload the w-beam rail sections. The Vendor shall stack w-beam rail 45 per bundle (3 wide, 15 high, overlapped).

The Department will make payment for linear feet of guardrail delivered to the nearest KYTC D-12 maintenance facility. The Department will not measure delivery and stacking of the guardrail for payment and will consider it incidental to this item of work.

1.08 - Bucket Truck with Operator

Vendor furnished bucket truck with operator capable of cutting trees and limbs to a height sufficient to clear site for their drill mast. Operator must be properly trained for the bucket truck operations and wear the appropriate PPE’s.

The Department will make payment at the hourly rate for the time required to clear the site of trees and limbs. With the exception of traffic control, which is a separate item. The hourly rate shall include all equipment, labor and support personnel required to clear the site of trees and limbs. The Department will not make separate payment for tree/limb removal.

1.09 - Traffic Control

Vendor shall supply traffic control in accordance with the following: MUTCD, KYTC standard drawings, KYTC sepia drawings and Section 112 of the Kentucky Standard Specifications for Road and Bridge Construction, Current Edition. Traffic control devices shall be new, or used in like new condition. At the discretion of the Engineer, the Department may specify days and hours when lane closures will not be allowed. Prior to beginning work, a proposed lane closure and work schedule must be approved by the Engineer. Notify the Engineer immediately and obtain prior approval of any proposed deviations for the approved schedule. Maintain alternating one way traffic during construction. Unless directed otherwise by the Engineer, provide a minimum clear lane width of 9 feet. If traffic should be stopped due to repair operations, and a school bus or emergency vehicle on official run arrives on scene, immediately make provisions for the passage of the bus or emergency vehicle.

If the Engineer determines that work site conditions require all traffic be stopped while drilling operations are in progress, stop traffic for the length of time required to drill and set one rail. Allow all waiting traffic to pass before starting the next hole. If an emergency vehicle or school bus is present in the queue, stop drilling and allow traffic to pass immediately. If the vendor fails to allow waiting traffic to pass before

Document Description Page 13 starting the next hole, the Department will access a penalty of $1,000 per occurrence. The vendor’s invoice will be reduced by an amount equal to the sum of the penalties.

Except as permitted by the Engineer, do not leave lane closures in place during non-working hours. If permitted the Engineer may require additional signing and/or traffic control devices.

The Vendor shall submit proof all flaggers have been trained in current MUTCD flagging procedures.

Flagging credentials must be current within the last (5) years.

The Department shall stop work, if the Vendor is found to be working without the proper traffic control devices.

The Vendor shall submit current certifications for Work Zone Traffic Control Supervisor and Work Zone Traffic Control Technician

1.10 – Final Inspection

After completion of the delivery order. The Department intends to complete a final inspection of the repair site(s). The final inspection shall be completed within 30 calendar days of completion of the delivery order. The Engineer will provide the Vendor a written final inspection report. If the final inspection report requires corrective work. The Vendor will have 30 calendar days from receipt of the final inspection report to complete the required corrective work. If corrective work remains incomplete after 30 calendar days. The Department will assess a penalty of $250/calendar day. For each calendar day work remains incomplete.

The Department will withhold 10% of the Vendor’s invoice pending completion of the final inspection and potential corrective work.

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.

Document Description Page 14

Failure to furnish said certificates or to indicate the contract number shall be grounds for cancellation of the contract.

The successful bidder shall provide an up-to-date copy of the certificate upon renewal of the policy.

Failure to do so shall result in cancellation of the contract.

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

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

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

Section 2 - Terms and Conditions of the Contract

2.00 – Scope of the Contract

The Kentucky Transportation Cabinet Division of Purchases issues this solicitation on behalf of the District 12 to award a master agreement contract for: District 12 -STATE Eq. Rental Offset Drill w/operator

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 4/1/2024 and expiring 3/31/2025.

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 12

Document Description Page 15

2400000455 Equip. Rental Offset Drill w/operator-D-12 STATE http://insurance.ky.gov/company http://insurance.ky.gov/company http://www.ambest.com

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

2.05 - Quantity Basis of Contract

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

2.06 - Exception to Required Use of Contract

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

2.07 - Basis of Price Revisions

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

A. Price Increases: A price increase will not be allowed during the first six (6) months of the contract.

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

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

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

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

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

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

2.08 - Addition or Deletion of Items or Services

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

2.09 - Changes and Modifications to the Contract

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

2.10 - Reduction in Contract Worker Hours/Employee Furlough

The Kentucky General Assembly may allow for a reduction in contract worker hours in conjunction with a budget balancing measure for some professional and non-professional service contracts. If under such authority the agency is required by Executive Order or otherwise to reduce contract hours, the contract will be reduced by the amount specified in that document. The reduction of hours may be applicable to those contract workers that provide a service in state government buildings on a regularly scheduled basis, such as janitorial, security guard, mailing services, and food services. These services will be

Document Description Page 16 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:

Lanessia McCourt

Division of Purchases

Kentucky Transportation Cabinet

Phone: 502-782-3979

E-mail: Lanessia.mccourt@ky.gov

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

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

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

2.14 – Response

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

Response at the earliest possible date is desired.

Document Description Page 17

The Vendor agrees that when delivery is not made within the contracted due date, $1,000.00 per day shall be deducted from the Vendor’s invoice for each day the Vendor fails to meet the contracted delivery date.

The Vendor is not responsible for, and shall not be penalized for delays in its delivery when caused by factors or events outside Vendor’s control, including but not limited to acts or omissions of the Commonwealth or third parties, acts of civil or military authority, civil disturbance, war, terrorism, pandemics, explosions, fire, floods, tornadoes or other natural disasters or acts of God.

2.15 - Inspection

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

2.16 - Invoices

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

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

a. Contract and Delivery Order number;

b. Item numbers;

c. Description of supplies or services;

d. Sizes;

e. Quantities;

f. Service Dates;

g. Unit prices; and

h. Extended totals.

2.17 - Payments

The vendor shall be paid, upon the submission of proper invoices to the receiving agency at the prices stipulated for the supplies delivered and accepted, or services rendered. Unless otherwise specified, payment will not be made for partial deliveries accepted. Payments will be made within thirty (30) working days after receipt of goods and vendor’s invoice in accordance with KRS 45.453 and KRS 45.454. A penalty payment of one percent (1%) per month shall be added to the amount due the vendor for each full or partial month that the payment exceeds 30 working days.

2.18 - Vendor’s Report

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

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

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

2.19 - Post Contract Agreements

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

2.20-Subcontracts

The contractor is permitted to make subcontract(s) with any other party for furnishing any of the work or services herein. The contractor shall be solely responsible for performance of the entire contract whether

Document Description Page 18 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. 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.