Final_RFB_605_2600000634_2_SO_FORM.PDF

Document ID: RFB 605 2600000634 Page: 1

Commonwealth of Kentucky

SOLICITATION MODIFICATION

Modification: Yes Version #: 2

TITLE: Eq Rental Offset Drill w/Operator D-8 - STATE

Date Issued:

06/18/2026 Record Date:

06/18/2026

Solicitation Closes Date:

06/25/2026 Time:

13:30

Solicitation No:

RFB 605 2600000634

Reason for Modification

6/18/2026 - Addendum 1: To answer bidder question and to add 7 new commodity lines to the solicitation.

Bid closing date shall remain the same.

No other changes have been made.

Online Bidding Prohibited: No

For Information Call:

Nick Cavender 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____________

Document ID: RFB 605 2600000634 Page: 2

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

Document ID: RFB 605 2600000634 Page: 3

Line Items

Commodity Group: Default Commodity Group

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

1 Offset Drill w/Operator(Dept Furnished Rail) 11800.00000 LNFT

Comm Code Comm Description Manufacturer Model # Manuf Part #

97566 Road and Highway Equipment (Not Otherwise Classified) Rental

Extended Description Department to provide used railroad rail. This includes drilling the hole and placing the rail.

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

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

2 Offset Drill w/Operator(Vendor Furnished Rail)

2500.00000 LNFT

Vendor to provide railroad rail. This includes drilling the hole, providing and placing the rail. Use only visibly straight recycled rails with no splices. The Engineer will verify rail nominal weights (manufacturer's stamp with lb/yd, date, etc.). Provide certification for nominal weight if the manufacturer's stamp is unidentifiable.

3 Cribbing (Vendor Furnish and Install) 21000.00000 SQFT

Vendor to provide and install cribbing

Install wall cribbing on any exposed portion of railroad rail before placing backfill. Ensure 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

Document ID: RFB 605 2600000634 Page: 4 rails.

Ensure entire cribbing wall is bearing on drilled railroad rails. Take necessary corrective measures to ensure 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 ensure 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.

4 State - Excavation & Backfill 3000.00000 CUYD

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. Constructs backfill up to approximately (4) inches below the existing pavement elevation. Places 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 ensure backfill is fully compacted.

Do not use excavated material as backfill.

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.

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

500.00000 CUYD

Vendor to perform 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

Document ID: RFB 605 2600000634 Page: 5 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

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

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

100.00000 CUYD

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

7 State - Fabric Geotextile Class I - Provided by Vendor

400.00000 SQYD

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 a material certification certifying the material confirms to the specifications noted above.

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.

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

500.00000 TON

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, ensure final placement of riprap does not restrict flow of stream.

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

Document ID: RFB 605 2600000634 Page: 6

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

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

300.00000 TON

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, ensure final placement of riprap does not restrict flow of stream.

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

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

Minimum Order - 300 Ton.

10 Traffic Control 500.00000 HOUR

Vendor shall provide traffic control in accordance with the 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 in like-new condition.

The Engineer may restrict lane closures by specifying allowable days and hours. All proposed lane closures and work schedules must be approved in advance by the Engineer. Any deviations from the approved schedule require immediate notification and prior approval.

Maintain alternating one-way traffic during construction. Unless otherwise directed by the Engineer, provide a minimum clear lane width of 9 feet.

If traffic is halted due to operations and a school bus or emergency vehicle on official duty arrives, immediately provide passage.

When work site conditions require full traffic stoppage during drilling operations, traffic shall be stopped only for the time necessary to drill and set one rail. All queued traffic shall be released before the next hole is drilled. If an emergency vehicle or school bus is present in the queue, drilling shall cease and traffic shall be allowed to pass immediately. Failure to allow queued traffic to pass before proceeding to the next hole will result in a penalty of $1,000 per occurrence. The Vendors invoice will be reduced accordingly.

With the Engineers approval, temporary traffic signals may be used in place of flagging, provided appropriate signing is installed in accordance with MUTCD, KYTC Standard Drawings, and KYTC Sepia Drawings.

Flaggers shall wear appropriate PPE and maintain constant communication with each other.

If the Department provides traffic control, this item will be omitted from the delivery order.

Document ID: RFB 605 2600000634 Page: 7

Lane closures shall not remain in place during non-working hours unless permitted by the Engineer. If allowed, additional signage and/or traffic control devices may be required.

Upon request, the Vendor shall provide proof that all flaggers have been trained in current MUTCD flagging procedures, with certifications current within the past five (5) years.

Work may be suspended if the Vendor is found operating without proper traffic control devices.

Upon request, the Vendor shall provide current certifications for a Work Zone Traffic Control Supervisor and a Work Zone Traffic Control Technician.

Shipping Information KYTC District 8 - Somerset District Office

1660 South US27

Somerset KY 42502

Billing Information KYTC District 8 - Somerset District Office

1660 South US27 PO Box 780 Somerset KY 42502

Document ID: RFB 605 2600000634 Page: 8

Submission Checklist

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

Item The bidder with the lowest bid receives the maximum score.

95 Points The bidder with the lowest response time receives the maximum score.

5 Points

6/18/2026 – Addendum 1: To answer bidder question received and to add 7 new commodity lines and extended descriptions.

Q1: After looking at both RFB’s for drilling and cribbing in District 8 I have a question. They both ask for installed cribbing. Does that encompass the whole cribbing installation process of excavation and backfill with 2 stone and geotextile fabric? Just curious because you can’t install cribbing without this process as well, but it was not clear on that. Can we get clarification please so we can bid accordingly.

A1: No, the excavation and backfill will be performed under the new items added in this addendum or by state forces.

No other changes have been made.

Bid closing date shall remain the same.

ELECTRONIC BID SUBMISSION

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

Link: https://vss.ky.gov

An electronic bid shall be authorized by the proper agent of the firm by the act of submitting it electronically through the eProcurement system.

Bid information MUST be completed online. Response must contain all required information for the Solicitation.

All bidders MUST be registered in the Commonwealth eProcurement System via the Vendor Self Service System at https://vss.ky.gov

Allow 24 – 48 hours to complete Vendor Registration. Vendors must be logged in to their Vendor Self Service (VSS) account in order to submit a response. Registrations completed the day of bid closing must be completed by the Vendor in the VSS portal. The Customer Resource Center is not able to complete registrations and activate accounts on the same day. Closing dates will not be extended for Vendors not registered by the date/time of the bid closing. Vendor Self Registration Guides are provided at https://finance.ky.gov/eProcurement/Pages/doing-business-with-the-commonwealth.aspx

All bidders are cautioned to begin their electronic submission in sufficient time to complete before the closing date and time. Delays due to technical difficulties or document upload impediments shall not be justification for acceptance of a late bid or proposal. Vendor attention to this advisory is encouraged. If you need assistance, please contact the Customer Resource Center (CRC) by email at Finance.CRCGroup@ky.gov or phone 502-564-9641 or toll-free 877-973-HELP (4357).

BID PRICES SUBMITTED ON COMPANY QUOTE FORMS ARE DISCOURAGED. COMPANY TERMS AND

CONDITIONS AND/OR SALES AND USE AGREEMENTS OFTEN CONFLICT WITH STANDARD SOLICITATION

REQUIREMENTS AND MAY RESULT IN REJECTION OF BID OFFER.

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

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

PUBLIC BID READINGS

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.

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2600000634 Final Eq Rental Offset Drill w/Operator D-8 - STATE Total Pages: 34 https://vss.ky.gov https://vss.ky.gov https://finance.ky.gov/eProcurement/Pages/doing-business-with-the-commonwealth.aspx https://finance.ky.gov/eProcurement/Pages/doing-business-with-the-commonwealth.aspx mailto:Finance.CRCGroup@ky.gov

BID SUBMISSION CHECKLIST

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

_____ BID INFORMATION – COMPLETED (See Section 5.00)

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 LITERATURE

_____ OTHER REQUIRED DOCUMENTS

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.

Vendors should review and comply with the general bidding requirements listed under “Procurement Laws, Preference, Regulations and Policies” and “Response to Solicitation” located on the eProcurement Web page at https://finance.ky.gov/eProcurement/Pages/procurement-laws-regulations-and-policies.aspx and https://finance.ky.gov/eProcurement/Pages/doing-business-with-the-commonwealth.aspx respectively. The vendor must comply with all applicable statutes, regulations and policies related to this procurement.

Section 1 - Scope of Work - Service

1.0 - Specifications of Service Requirements The Kentucky Transportation Cabinet (KYTC), District 8, is seeking a qualified vendor to furnish one (1) modified rotary drill, truck- or track-mounted, with operator, for the drilling and installation of steel railroad rails used in roadway stabilization and related projects throughout District 8.

(1) Modified Rotary Drill, Truck or Track Mounted w/Operator to drill 7" to 10" diameter holes in soil and rock; and to install Department Furnished or Vendor Furnished Steel Railroad Rails up to 40 Ft in length and weighing 130 to 140 Lbs. per linear yard. Railroad rails shall be visibly straight with no splices. Rotary Drill must have capability of drilling holes that are offset a minimum of Five (5) Ft from the edge of the truck tire or track (if track mounted) to the center of the hole. Must be capable of handling steel railroad rail up to 40 Ft in length. Drill Rig should be powered by motor of 130 HP or greater with at least 16,000 Lbs. Pull-down pressure and a 300 CFM or greater air compressor. Drill Rig must be capable of drilling from either side and back of carrier. Drill must have capability of drilling a maximum of Forty (40) Ft holes from elevation of roads.

The vendor must supply any site support labor, miscellaneous support equipment, and supplies including acetylene blowtorches (or equivalent), chains, hooks, cables etc. Site support labor and equipment includes flame cutting a

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2600000634 Final Eq Rental Offset Drill w/Operator D-8 - STATE Total Pages: 34 https://finance.ky.gov/eProcurement/Pages/procurement-laws-regulations-and-policies.aspx lifting eye in the end of the rails if needed, attaching chains, and cables to railroad rails for pulling with the drill rig. Site support labor and equipment includes cutting off the railroad rails after installation, two (2) inches below proposed finished roadway grade established by the department. Unless vendor supplied railroad steel is used, the department is responsible for furnishing, delivering, and unloading individual railroad rails up to forty (40) feet in length to the project site.

Upon receipt of a delivery order, the vendor shall schedule an onsite project meeting with the engineer to discuss the project limits, expectations, required shoulder off-set, railroad rail alignment, etc. and to determine if the department needs to remove overhead obstructions for the drilling equipment.

The department will provide traffic control and flagging on the worksite. Department may elect to use temporary traffic signals or portable traffic signals with appropriate signing in accordance with MUTCD. Department will also place and maintain appropriate work zone signing, flagging signs, flagger paddles, etc. in accordance with the

MUTCD.

Vendor is required to maintain a minimum production rate of eight hundred (800) LF of installed railroad rails per 8 hour work day. 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.

Drilling operations shall not stop traffic continuously for longer than 15 minutes without the express permission of the engineer. Drill rig must be capable of drilling from either side of carrier. Drill rig must be dependable, safe, and in good working order. “Vendor must abide by Air Quality Requirements outlined in 401 KAR 63:010, fugitive emission regulations” and OSHA's requirement for Workers Protection from Exposure to Respirable Crystalline Silica.

The estimated feet of drilling is purely an estimate and is not to be implied or inferred as being guaranteed. The Department is only obligated to purchase the number of drilled footage required as determined by Department personnel.

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.

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

Price changes will be allowed on a monthly basis for line items 2 and 3, 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.

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.

KYTC reserves the right to issue supplemental contracts for specific projects to address safety concerns, should the vendor be unable to respond to such locations in a suitable timeframe due to workload.

The Transportation Cabinet and all its officers, agents and employees shall be held harmless from all suits, actions, or claims of any character brought on account of any injury or damages sustained by any person or property from any actions or for any negligence in performance of the above-named equipment. Nothing in this proposal is to be construed as any agency relationship between the parties.

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

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2600000634 Final Eq Rental Offset Drill w/Operator D-8 - STATE Total Pages: 34

1.01-Routine Work

Response Time:

Should vendor fail to make delivery within the guaranteed response period, they agree and further authorize the Commonwealth to deduct damages from the invoice in the amount of 1% per day for each day the service is withheld.

Mobilization/Demobilization 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.

It is understood that an order may include more than one work site and that the vendor is also responsible for all mobilization expenses between each work site.

The vendor shall be responsible for all tolls for his equipment when the travel involves a toll road.

1.02-Emergency Work Response Time:

The Vendor guarantees to begin work within 72 hours following notification by the Chief District Engineer or his/ her designee that an emergency situation exists. This notification may be in the form of a phone call, but an official Delivery Order shall follow as soon as possible.

An "emergency" is defined as- A situation which creates a threat or impending threat to public health, welfare, or safety such as may arise by reason of fires, floods, tornadoes, other natural or man-caused disasters, epidemics, riots, enemy attack, sabotage, explosion, power failure, energy shortages, transportation emergencies, equipment failures, state or federal legislative mandates, or similar events. (Per KRS 45A.095)

The vendor shall provide at least two phone numbers where they can be reached 24 hours a day.

Emergency Contact Person/Phone: _____________________________

Emergency Contact Person/Phone: ____________________________

Failure to be reached by District personnel may result in the immediate cancellation of the Master Agreement.

The vendor shall notify the district immediately of any changes to the emergency contacts and/or numbers.

1.03– Insurance Requirements

A. Required Coverage The awarded vendor(s) shall be responsible for maintaining, and not reducing, the following insurance coverages, types, and limits of liability. Further awarded vendor shall be able to produce evidence of insurance in compliance with (C) through the entire contract:

Commercial General Liability Insurance in accordance with minimum limits of liability of $1,000,000.00 per occurrence, $2,000,000.00 aggregate. The Commonwealth, in the Request for Solicitation, may require higher limits depending on the type of solicitation.

B. Additional Types of Insurance

1. Automobile Liability Insurance (If Applicable) Automobile Liability Insurance is required for delivery, onsite training, services or events in all situations where the Contractor must drive to any property where Commonwealth operations occur. With regard to delivery, if the items requested in this solicitation will be delivered by the awarded Contractor or Subcontractor, proof of Automobile Liability Insurance must be provided prior to award. If items will be delivered by common courier (USPS, FedEx, UPS, Old Dominion Freight Line, etc.), this requirement does not apply.

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The Contractor or Subcontractor must provide a certificate of insurance coverage for any vehicle used in performance of this contract, whether owned, non-owned, or hired, or other vehicles utilized by the Contractor or Subcontractor.

Said policy of insurance to have a minimum coverage limit of $1,000,000.00 per occurrence combined single limit for bodily injury, including death, and property damage.

This requirement does not apply if the Contractor does not own, lease, or hire any automobiles to be used in connection with performance under any Contract resulting from this Solicitation.

2. Kentucky Workers Compensation Insurance (if applicable)

The coverage must comply with KRS 45A.480 and KRS Chapter 342.

C. Evidence of Insurance Coverage

The successful bidder shall provide evidence of insurance coverage as required. Failure to do so shall constitute a material breach of this Contract and may result in immediate cancellation of the Contract.

For all required insurance coverages, during the course of the Contract, the awarded vendor shall not be self-insured or utilize a Captive Insurer or a fronting policy that shifts risk back to the awarded vendor without prior written approval by the Office of the Controller of the Commonwealth.

Further, the awarded vendor shall not utilize an insurer or similar entity not in good standing with the Insurance Commissioner to fulfill the insurance requirements of the contract without prior written approval by the Office of the Controller of the Commonwealth.

Such approvals may require additional financial review, proof of funds, or bonding requirements sufficient for the risk associated with the services covered by the Contract, and approval or rejection is within the sole discretion of the Commonwealth’s Office of the Controller.

Contractor shall furnish the Certificate of Insurance prior to award and shall, upon request of the Commonwealth at any time during the contract term, provide a current, valid Certificate of Insurance.

Contractor and/or its insurer shall provide immediate notice of nonrenewal or cancellation of coverage during the course of the Contract.

All Certificates of Insurance must be signed by an authorized representative of the insurance agency, 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. 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. A list of authorized companies can be found at https://insurance.ky.gov/ppc/ Company/Default.aspx.

A Certificate of Insurance (COI) on an ACORD form shall include the following:

o The certificate holder shall be listed as:

Kentucky Transportation Cabinet Division of Purchases

200 Mero Street, 4th Floor Frankfort, Kentucky 40622 o Endorsement of Additional Insured. Certificate of Insurance must contain the following language in the Description of Operations box:

“The Commonwealth and its agents are Additional Insureds for the contract resulting from the solicitation. Additional insured protection afforded is on a primary and non-contributory basis.”

A copy of the Endorsement of Additional Insured must be submitted with the Certificate of Insurance.

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2600000634 Final Eq Rental Offset Drill w/Operator D-8 - STATE Total Pages: 34 http://www.ambest.com https://insurance.ky.gov/ppc/Company/Default.aspx https://insurance.ky.gov/ppc/Company/Default.aspx o The contract number in the Description of Operations box.

D. Subcontractors

If the contract allows for Subcontractors and utilizes Subcontractors, prior to the commencement of any work by a Subcontractor.

o The primary Contractor’s Certificate of Insurance must identify coverage that meets or exceeds the insurance requirements defined in this contract and that covers Subcontractor and its work in support of the Contract or the Subcontractor must submit and maintain a Certificate of Insurance that also meets or exceeds the insurance requirements of the Primary Contractor defined in this contract, with an Additional Insured Endorsement.

o KYTC reserves the right to request copies of all Subcontractor’s Certificate(s) of Insurance at any time.

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 8 to award a master agreement contract for: Eq Rental Offset Drill w/Operator D-8 - STATE

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 upon award and expiring 7/31/2026.

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 8

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

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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. 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; 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”.

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

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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 2.14.

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 2.29, 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:

Nick Cavender

Division of Purchases

Kentucky Transportation Cabinet

Phone: 502-782-3979

E-mail: Nicholas.Cavender@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

Response at the earliest possible date is desired.

The Vendor agrees that when work is not complete within the contracted due date, one percent (1%) per day shall be deducted from the Vendor’s invoice for each day the vendor fails to meet the contracted completion 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

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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 vendor (prime contractor) is permitted to make subcontract(s) with any other party for furnishing any of the work or services herein. The vendor 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 vendor/contractor shall be construed to encompass both the prime contractor and any subcontractors.

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The vendor (prime contractor) shall notify the KYTC Division of Purchases buyer listed in Section 2.13 prior to use of subcontractors for 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.

The Vendor shall ensure that all contractors or subcontractors comply with all applicable Federal, State, and Local laws, regulation, mandates, and all terms of the solicitation/contract. KYTC reserves the right to request documentation to verify the subcontractors compliance at any time.

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.

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

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

KRS 14A.9-030.

For all foreign entities required to obtain a certificate of authority to transact business in the Commonwealth, if a copy of the certificate is not received within the time specified by the Division of Purchases, the foreign entity’s solicitation response may be deemed non-responsive. If the foreign entity is not required to obtain a certificate as provided in KRS 14A.9-010, the foreign entity should identify the applicable exception in its solicitation response.

Foreign entity is defined within KRS 14A.1-070.

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

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

2.27 – Non- Discrimination

The Equal Employment Opportunity Act of 1978 (the “Act”), KRS 45.560 to 45.640, applies to all State government contracts or subcontracts in an amount exceeding $500,000. The contractor shall comply with all terms and conditions of the Act.

During the performance of this contract, the Contractor agrees as follows:

(a) The Contractor shall not discriminate against any employee or applicant for employment because of race, color, religion, sex, age forty (40) and over, disability, veteran status, or national origin or.

(b) The Contractor shall take affirmative action in regard to employment, upgrading, demotion or transfer;

recruitment or recruitment advertising; layoff or termination rates of pay or other forms of compensation, and selection for training, so as to ensure that applicants are employed and that employees are treated during employment without regard to their race, color, religion, sex, age forty (40) and over, disability, veteran status, and national origin.

(c) The Contractor shall state in…