Final_RFB_605_2400000781_3_SO_FORM.PDF

Document ID: RFB 605 2400000781 Page: 1

Commonwealth of Kentucky

SOLICITATION MODIFICATION

Modification: Yes Version #: 3

TITLE: Eq Rental Offset Drill D-10 w-op-FHWA

Date Issued:

07/17/2024 Record Date:

07/17/2024

Solicitation Closes Date:

07/24/2024 Time:

13:30

Solicitation No:

RFB 605 2400000781

Reason for Modification

Modification to answer vendor questions and add Traffic Control and Used Railroad steel language.. No other changes have been made. Bid closing date shall change to July 24,2024.

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 2400000781 Page: 2

Line Items

Commodity Group: Default Commodity Group

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

1 FHWA:D10 Offset Drill w/oper.KYTC provides traffic control

3200.00000 LNFT

Comm Code Comm Description Manufacturer Model # Manuf Part #

97566 Road and Highway Equipment (Not Otherwise Classified) Rental

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

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

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

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

Federal (1) Modified Rotary Drill, truck or track mounted with operator to drill 7" TO 10" diameter holes in soil and rock to install (in place) steel 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 steel 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 elevation of roads.

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

KY Dept of Transportation IS responsible for cutting any railroad steel that is not flush with the estimated finished shoulder after being dropped into drilled holes.

KY Dept of Transportation will provide necessary Traffic Control.

KY Dept of Transportation will furnish steel railroad rails.

KY Dept of Transportation will provide all required site preparation.

Document ID: RFB 605 2400000781 Page: 3

2 FHWA :D10 Offset Drill w/oper. Vend.

provide traffic control

3200.00000 LNFT

FEDERAL: Vendor to provide necessary Traffic Control

To be completed as stated in the extended description line 1 with the vendor providing the necessary Traffic Control.

KY Dept of Transportation will furnish Steel Railroad Rails.

3 FHWA: Offset Drill w/oper Vendor provides railroad steel.

2600.00000 LNFT

FEDERAL: Vendor to provide used railroad rail

To be completed as stated in the extended description line 1 with the vendor providing the necessary used railroad rail.

The 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.

KY Dept of Transportation will provide necessary Traffic Control.

Vendor will furnish steel railroad rails.

Document ID: RFB 605 2400000781 Page: 4

4 FHWA: Offset Drill w/op Vendor provide rail and traff ctrl

40000.00000 LNFT

FEDERAL: Vendor to furnish used the railroad rails and provide the necessary traffic control.

To be completed as stated in the extended description line 1 with the vendor providing used railroad rails and the necessary traffic control.

The 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.

Vendor will provide necessary Traffic Control.

Vendor will furnish steel railroad rails.

5 FHWA: Cribbing 35000.00000 SQFT

FEDERAL: Vendor to provide the necessary traffic control.

Install cribbing as slide location dictates or as directed by the Engineer.

Extend wall cribbing 2 feet below the existing ground line as measured from the back side of the installed railroad rails.

If bedded rock is encountered, install the cribbing to the bedded rock only.

The engineer will direct changes if necessary to this procedure.

Vendor to furnish all labor and equipment to deliver and install wall cribbing on the recycled (used) railroad rail piling.

Wall cribbing shall be lapped, bolted, and attached solid to the drilled railroad rails.

Use wall cribbing: recycled (used) steel "w" beam guardrail.

Document ID: RFB 605 2400000781 Page: 5

Cribbing material will be furnished by the KY Dept of Transportation.

6 FHWA: Excavation and Backfill 6000.00000 CUYD

FEDERAL: Vendor to furnish backfill material and provide necessary Traffic Control.

Perform excavation and backfill as slide dictates or as directed by the Engineer.

Excavate each embankment/flood repair area to provide a platform for drilling the used railroad rails, if necessary.

Place Geotextile fabric, then construct embankment behind railroad rails, cribbing and on slope, as per Section 206 of the Kentucky Standard Specifications for Road and Bridge Construction, Current Edition.

Construct embankment up to the approximate existing pavement elevation.

Do not use excavated material from the site as fill material.

Use the following backfill materials: Kentucky aggregate gradation no. 2's or larger.

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

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

Excess excavation may be wasted at sites on the right-of-way, only if approved by the Engineer.

Material may not be wasted in flood prone areas or in streams. If the Engineer deems no suitable sites are available within the right-of-way, the contractor will be required to waste excess material off the right-of-way at sites obtained by the contractor at no cost KY Dept of Transportation.

State: Geotextile fabric will be furnished by KY Dept of Transportation

Vendor to furnish backfill material.

7 FHWAl: Guardrail Cribbing 41000.00000 LNFT

Federal: Vendor to provide guardrail cribbing.

Document ID: RFB 605 2400000781 Page: 6

8 FHWA: Filter Fabric 8000.00000 SQYD

FEDERAL: Furnish Type IV Geotextile Fabric.

Specifications for the TY IV Fabric can be reference to the 2019 KY Standard Specifications for Road and Bridge Construction.

Class II fabric is acceptable.

9 FHWA: Bucket Truck w/Labor 10.00000 HOUR

Federal: The vendor shall provide a bucket truck with operators and labors. Said bucket Truck shall be able to reach at least 60ft vertically from the roadway surface. The intention for this bucket truck would be to cut trees and tree limbs that may interfere with the drilling mast of the rotary drill. This item shall include the tree cleanup as well.

**** This item shall be bid by the hours of use and labor on the jobsite. *****

Shipping Information Various Shipping

See Extended Description

Various KY

Billing Information KYTC District 10 - Jackson District Office

473 Highway 15 South PO Box 621 Jackson KY 41339

Document ID: RFB 605 2400000781 Page: 7

Submission Checklist

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

Item Bidder with the lowest price will receive maximum score.

Bidder with the best response time will receive maximum score.

7/17/2024- Addendum #2- To answer vendor questions and add Traffic Control and Used Railroad Rails language.

Q-1: Section 2.07 Basis of Price Revisions, it has been an accepted practice under previous contracts to have quarterly if not monthly price reviews for possible adjustments for the increase in Rail Steel and Steel Cribbing material prices. Will that practice continue under these contracts as well?

A-2: Price increases will be allowed quarterly with supplier verification for either an increase or decrease in material cost for Railroad steel and cribbing only.

Traffic Control and Used Railroad language added in terms highlighted in RED.

No other changes have been made.

Bid closing date shall change to July 24, 2024.

7/12/2024- Addendum #1- To change commodity line quantities and answer vendor questions.

Q-1: In Terms of Response Time, what does that mean? Does it mean an employee on site inspecting the project either by themselves or with a State Employee or does it mean equipment on site such as a drill or drilling material such as drill steel?

A-1: Onsite working. District usually has already talked to the contractor beforehand.

Q-2: From talking to some of our suppliers, they informed me that they no longer carry Type IV Filter Fabric since the state has started using either Class 1 or Class 2 Fabric for their projects. We are seeing Class 2 Fabric as the Fabric of choice on most of the KYTC projects and wanted to make sure we quote the correct product.. Could you please clarify which Fabric is the correct Fabric for this line item.

A-2: The Class 2 fabric is acceptable.

No other changes have been made.

Bid closing date shall change to July 22, 2024

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

Document Phase Document Description Page 8

2400000781 Final Eq Rental Offset Drill D-10 w-op-FHWA Total Pages: 36 https://vss.ky.gov

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.

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.

Document Phase Document Description Page 9

2400000781 Final Eq Rental Offset Drill D-10 w-op-FHWA Total Pages: 36 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

_____ 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

_____ BUY AMERICA-BABA

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

Rotary Drill with Operator(s).

Furnish (1) mounted, modified rotary drill capable of drilling 7 inch to 10-inch diameter holes 40 feet into soil and rock. The mast jib must be equipped with rigging and cable to lift entire lengths of rail, 40 feet in length and weighing approximately 2000 pounds, to be placed and seated in the bottom of the drilled holes.

The rotary drill must be capable of drilling offset a minimum of five (5) feet from the edge of the tire to the center of the holes and on a 15% slope. The rotary drill shall have a minimum of 150 horsepower motor and at least a 300 CFM compressor capable of 16,000 pounds of down pressure.

The rotary drill must be capable of drilling and installing railroad rails in a double row arrangement in a minimum of three (3) foot center to center spacing between the rows and between rails.

Vendor must be capable of drilling at the proposed alignment established by the Engineer and of a consistent alignment conducive to attachment of cribbing. All equipment must be road worthy, licensed (if applicable), dependable, safe, and in good working order.

Vendor must supply the operator for the drill and supply any site support labor. The vendor will be required to supply support equipment and supplies including but not limited to acetylene blow torches (or equivalent), chains, hooks, cables, back-hoe, etc. The Department will supply and transport all railroad steel required for the operation.

This will be delivered by the Department to the work location prior to drilling work beginning. The vendor will be required to supply site support labor and equipment that includes flame cutting a lifting eye in the end of the rails as needed, pulling and maneuvering the railroad rails with a piece of equipment such as a backhoe to the drill rig, attaching chains and cables to railroad rails for pulling with the drill rig and setting in their final resting position.

Site support labor and equipment includes cutting off the railroad rails after installation two (2) inches below

Document Phase Document Description Page 10 https://finance.ky.gov/office-of-the-secretary/office-of-policy-and-audit/Pages/Finance-Policies.aspx proposed finished roadway grade established by the Department. The Department is responsible for furnishing, delivering, and unloading individual railroad rails up to forty (40) feet in length to the project site and removing any unused pieces of rail or portions thereof. All railroad rails are the property of the Department only.

Vendor is required to maintain a minimum production rate of eight hundred (800) LF of installed railroad rails per 8-hour workday. Production rate will not be required on days of adverse weather or unforeseen circumstances at the Department’s Discretion. If daily production rate is not met, Liquidated Damages will be assessed in the amount of $500.00 per day at the Project Engineer’s discretion. Additionally, if the Vendor does not begin work within the designated response time upon receipt of a Department issued Delivery Order; the Department may assess Liquidated Damages at the rate of $500.00 per day. This shall be at the discretion of the Project Engineer.

Payment will be for the field measured length of railroad rails installed, measured from elevation drilling begins in soil or rock at ground line to installed bottom of railroad rail elevation. Each piece of steel must be measured and marked with total length prior to installation, and the amount protruding above original ground will be subtracted from the total length to establish the lineal foot payment for each hole drilled. Vendor is responsible for cutting off installed rail two (2) inches below proposed finish roadway grade established by the Department. The Department will be responsible for removing all cut off pieces of Department Furnished railroad rail from the project site.

During the steel drilling operation vendor is required to have at least a ten (10) foot lane around the equipment, allowing traffic to pass at all times unless authorization is given by the Section Engineer. During the project the vendor will not hold traffic for more than 20 minutes at a time. Vendor will communicate with the section engineer of that county no less than two calendar days prior to project starting. The vendor will also be responsible for all overhead and underground utility repairs due to damage caused by the vendor’s employee(s) and/or equipment.

Traffic Control

The vendor will provide traffic control necessary for safe operation in accordance with the Manual on Uniform Traffic Control Devices. Signs for traffic control shall be new or used in like new condition.

A link to the Manual on Uniform Traffic Control Devices can be found at: http://mutcd.fhwa.dot.gov/kno-millennium_12.28.01.htm

Used Railroad Rails The vendor shall submit a certification stating that all manufacturing processes involved with the production of steel or iron materials occurred in the United States.

Use visibly straight recycled (used) railroad rails with no splices, classified with a nominal weight of 130 lb/yd (pound per yard) size or greater. Engineer will verify rail nominal weights (manufacturer’s stamp with lb/yd, date, etc. Certification must be provided if the manufacturer’s stamp is unidentifiable.

Price changes will be allowed on a quarterly basis for lines 3, 4, and 7 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.

Cribbing:

Install cribbing as a slide location dictates or as directed by the Engineer.

Document Phase Document Description Page 11

2400000781 Final Eq Rental Offset Drill D-10 w-op-FHWA Total Pages: 36 http://mutcd.fhwa.dot.gov/kno-millennium_12.28.01.htm http://mutcd.fhwa.dot.gov/kno-millennium_12.28.01.htm

Extend wall cribbing 2 feet below the existing ground line as measured from the back side of the installed railroad rails.

If bedded rock is encountered, install the cribbing to the bedded rock only.

The engineer will direct changes if necessary to this procedure.

Vendor to furnish all labor and equipment to deliver and install wall cribbing on the recycled or used railroad rail piling.

Wall cribbing shall be lapped, bolted, and attached solid to the drilled railroad rails.

Use wall cribbing: recycled (used) steel “w” beam guardrail.

Excavation and Backfill:

Perform excavation and backfill as slide dictates or as directed by the engineer.

Excavate each embankment/flood repair area to provide a platform for drilling the used railroad rails, if necessary.

Place geotextile fabric, the construct embankment behind railroad rails, cribbing and on slope, as per Section 206 of the Kentucky Standard Specifications for Road and Bridge Construction, Current Edition.

Construction embankment up to the approximate existing pavement elevation.

Do not use excavated material from the site as fill material. Use the following backfill materials; Kentucky aggregate gradation # 2’s or 23’s.

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

The engineer will use visual inspection and, or, material testing, as applicable to determine acceptability.

Excess excavation may be wasted at sites on the right-of-way, only if approved by the engineer.

Material may not be wasted in flood prone areas or in streams. If the engineer deems no suitable sites are available within the right-of-way, the contractor will be required to waste excess material off the right-of-way at sites obtained by the contractor at no cost to KY Department of Transportation.

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

Bucket Truck:

The vendor shall provide a bucket truck and operators necessary to cut trees and tree limbs reaching at least 60ft vertically from road surface. This item is intended to be used to clear all trees and tree limb that may interfere with the drill mast while drilling railroad steel. This item shall be bid by the hours of use on the jobsite.

This item shall be bid by the hours of use and labor on the jobsite.

1.01-Federal Language

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

A. FHWA 1273

Document Phase Document Description Page 12 https://www.fhwa.dot.gov/programadmin/contracts/1273/1273.pdf

B. PROJECT WAGE RATES

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

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

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

Locality 1 – KY20230040 Locality 2 – KY20230107 Locality 3 – KY20230038 Locality 4 – KY20230039

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

C. 106.04 BUY AMERICA REQUIREMENT

Follow the” Buy America” provisions as Required by Title 23 Code of Federal Regulations 635.410. Except as expressly provided herein all manufacturing processes of steel or iron materials including but not limited to structural steel, guardrail materials, corrugated steel, culvert pipe, structural plate, prestressing strands, and steel reinforcing bars shall occur in the United States of America.

including the application of:

Coating

Galvanizing

Painting, and

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

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

Pig iron

Processed, pelletized, and reduced iron ore material, or

Processed alloys

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

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

Use foreign materials only under the following conditions:

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

Document Phase Document Description Page 13

2400000781 Final Eq Rental Offset Drill D-10 w-op-FHWA Total Pages: 36 https://www.fhwa.dot.gov/programadmin/contracts/1273/1273.pdf https://sam.gov/content/wage-determinations

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

D. Build America, Buy America Act (BABA)

On November 15, 2021, President Biden signed into law the Infrastructure Investment and Jobs Act (IIJA), Pub.

L. No. 117-58, includes the Build America, Buy America Act (“the Act”). Pub. L. No. 117-58, §§70901-52. The Act strengthens the Buy America preference to include “construction materials.” The current temporary waiver for “construction materials” will expire on November 10, 2022.

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

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

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

# Glass (including optic glass);

# Lumber; or # Drywall.

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

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

E. PROHIBITION ON TELECOMMUNICATIONS EQUIPMENT OR SERVICES

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

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

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

1.02– Insurance Requirements

The successful bidder shall be responsible for maintaining this coverage through the entire contract term:

1. Contractor’s General Liability Insurance with limits of liability of $1,000,000.00 per occurrence.

Document Phase Document Description Page 14 https://www.whitehouse.gov/wp-content/uploads/2022/04/M-22-11.pdf

2. Kentucky worker's compensation insurance in accordance with the requirements of KRS 45A.480 and KRS Chapter 342.

The successful bidder shall furnish an ACORD Certificate within ten (10) days of notice of intent to award with:

A. The certificate holder listed as:

Kentucky Transportation Cabinet Division of Purchases 4th Floor East 200 Mero Street Frankfort, KY 40622

B. The Endorsement indicating the Commonwealth and its agents as an Additional Insured for the contract resulting from this solicitation.

C. The contract number in the Description of Operations box.

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

The successful bidder shall provide an up-to-date copy of the certificate upon renewal of the policy. Failure to do so shall result in cancellation of the contract.

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

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

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

Section 2 - Terms and Conditions of the Contract

2.00 – Scope of the Contract

The Kentucky Transportation Cabinet Division of Purchases issues this solicitation on behalf of the Highway District 10 to award a master agreement contract for: Eq Rental Offset Drill w/Operator D-10 FHWA

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

Document Phase Document Description Page 15

2400000781 Final Eq Rental Offset Drill D-10 w-op-FHWA Total Pages: 36 http://insurance.ky.gov/company http://www.ambest.com 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 8/1/2024 and expiring 6/30/2025.

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 10

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 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.

Document Phase Document Description Page 16

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

One (1) additional price increase may be granted during the extended contract period. This price increase will not be allowed during the first six (6) months of the extended contract period and will be subject to the conditions in “A” above.

2.08 - Addition or Deletion of Items or Services

The KYTC Division of Purchases reserves the right to add new and similar items, with the consent of the vendor, to the contract. If an addition is agreeable to both parties, the KYTC Division of Purchases will issue a Modification.

Until such time as the vendor receives a Modification, the vendor shall not accept Delivery Orders from any agency referencing such items or services.

2.09 - Changes and Modifications to the Contract

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

2.10 - Reduction in Contract Worker Hours/Employee Furlough

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

2.11 - Basis of Shipment

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

2.12 Delivery Orders for Services

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

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

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.

Document Phase Document Description Page 17

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 following receipt of delivery order.

Response at the earliest possible date is desired.

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

Document Phase Document Description Page 18

Invoices, if required, shall be prepared and transmitted to the agency receiving the goods or services. One copy shall be marked "original" unless otherwise specified. Each invoice shall contain at least the following information:

a. Contract and Delivery Order number;

b. Item numbers;

c. Description of supplies or services;

d. Sizes;

e. Quantities;

f. Service Dates;

g. Unit prices; and

h. Extended totals.

2.17 - Payments

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

2.18 - Vendor’s Report

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

This shall apply to all items, which are to become a part of this contract. This report must reference usage by brief description, product number or other format designated by the KYTC Division of Purchases.

2.19 - Post Contract Agreements

The Master Agreement shall represent the entire agreement between the parties. Prior negotiations, representations, or agreements, either written or oral, between the parties hereto relating to the subject matter hereof shall be of no effect upon this contract. Unless, contractually provided, the Commonwealth shall not be required to enter into nor sign further agreements, leases, company orders or other documents to complete or initiate the terms of the contract.

Any such documents so obtained will be non-binding on the State and be cause for breach of contract.

2.20-Subcontracts

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

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

The vendor shall notify the Commonwealth of any planned use of subcontractors in regards to the resulting contract.

If the KYTC Division of Purchases is provided evidence of the vendor making such an arrangement without submitting the proper information prior to use of the subcontractor, the contract may be cancelled immediately.

All payments will be made directly to the contracted vendor. It is the vendor’s responsibility to make payment to the subcontract. Payments shall not be made to the subcontractor by the Commonwealth. Subcontractors having

Document Phase Document Description Page 19 nonpayment issues that could not be resolved with the Vendor, should report in detail these incidents to the buyer of record for this solicitation.

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

2.21 - Service Performance

All services performed under contract shall be in accordance with the terms and conditions of the contract. It will be the agency’s responsibility to ensure that such services rendered are performed and are acceptable.

The relationship between the State and the Contractor is that of client and independent Contractor. No agent, employee, or servant of the Contractor or any of its subcontractors shall be or shall be deemed to be an employee, agent, or servant of the State for any reason. The Contractor will be solely and entirely responsible for its acts and the acts of its agents, employees, servants and subcontractors during the performance of this Contract.

Deviations of services performed will not be made without the written approval of the KYTC Division of Purchases.

Problems that arise under any aspect of performance should first be resolved between the vendor and the agency. If such problems and/or disagreements cannot be resolved they should be referred to the KYTC Division of Purchases for mediation.

2.22 - Assignment

The vendor shall not assign this Master Agreement in whole or in part to another vendor at any time during the initial or optional renewal terms of the contract, without the consent, guidance and approval of the Commonwealth.

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.

Document Phase Document Description Page 20

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

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.