It is necessary for bidders to read instructions contained herein, to understand exactly how to submit a bid, what must accompany the bid, and what the bidder obligates themselves for by submitting the bid. Failure to carefully read and understand the instruction and bid specifications may either cause the bid not to be considered or accepted by the Boone County Fiscal Court, hereinafter referred to as “County,” or cause the bidder to obligate themselves to more than they realize.

All bids shall be submitted on and in accordance with this solicitation in the procurement portal. In case of conflict, the bid may be deemed non-responsive. The County’s published specifications shall supersede any additional writings submitted with the bid. Such writings should be clearly marked and noted on the "Deviations and Exceptions" section.
In the event a Bidder is unable to submit a timely response in accordance with the instructions herein due to the Bidder's internet or hardware limitations, settings or restrictions, internet speed, power outage, network connection, or use of a malfunctioning electronic device, neither the County, nor the Software Administrator, will be held responsible. Bidders shall be solely responsible for ensuring the capability of their computer system while responding to this solicitation, and for the stability of their internet service. Uploading large documents may take significant time depending on the size of the file(s) and Bidder's internet connection speed. Failure of the Bidder to successfully submit an electronic Bid before the deadline indicated herein shall be at the Bidder's sole risk, and no relief will be given for late and/or improperly submitted Bids.
If County is closed for business at the time scheduled for bid opening, for whatever reason, bids will be accepted and opened on the next business day of the County, at the originally scheduled hour.
Each bid is submitted with the understanding that the acceptance in writing by the County of the bid to furnish any or all of the goods and/or services described therein, shall constitute a contract between the bidder and the County, which shall bind the bidder on their part to furnish and deliver the goods and/or services quoted at the prices stated and in accordance with the conditions of the accepted bid. Once accepted, the County is obligated on its part to order from such bidder, except for causes beyond reasonable control and pay for, at the agreed prices, all goods and/or services specified and delivered.
Bidders have the right to request withdrawal of their bids from consideration due to error by giving notice not later than two business days after bids are publicly opened. Work papers showing evidence of error(s) may be required.
Competition Intended. It is the County’s intent that this ITB permits competition. It shall be the Bidder's responsibility to advise the Procurement Specialist in writing if any language, requirement, specification, etc., or any combination thereof, inadvertently restricts or limits the requirements stated in this ITB to a single source. Such notification must be received by the Procurement Specialist not later than 15 days prior to the date set for the acceptance of bids.
When appropriate, the Bidder shall also attach to the Bid Form descriptive information and literature showing the items on which the Bid was based. The County shall be the sole judge of whether a Bid meets the intent of these specifications.
If issued, addenda to this solicitation will be posted on the procurement portal via the County’s website (https://secure.procurenow.com/portal/boonecountyky?status=all). It is the bidder's responsibility to check the portal/website prior to the submittal deadline to ensure that the bidder has the complete, up-to-date Bid information.
The solicitation document submitted in the procurement portal and maintained by the Finance Department, shall be considered the official copy.
Award will be made to the lowest responsive and responsible bid subject to the considerations that follow: the quality of the goods and/or services to be supplied, the conformity with the specifications, the suitability to the requirements. The delivery terms, qualifications, and references will be taken into consideration in making an award. Unless canceled or rejected, a responsive bid from the lowest responsible bidder shall be accepted as submitted except that if the bid from the lowest responsible bidder exceeds available funds.
The County reserves the right to reject any and all bids, and to waive any informality if it is determined to be in the best interest of the County.
Prices shall be stated in units of quantity specified. No additional charges shall be passed on to the County, including any applicable taxes, delivery, or surcharges. Prices quoted shall be the final cost to the County.
Proprietary Information. Information submitted in response to a solicitation is subject to public disclosure as required by the Kentucky Open Records Act. Trade secrets or proprietary information submitted by a bidder in connection with this solicitation may be subject to exemption from disclosure consistent with the provision of KRS 61.870-61.884, however, the bidder must invoke the protections of this section prior to or upon submission of the data or other materials and must clearly identify the data or other materials to be protected and state the reasons why protection is necessary. Failure to abide by this procedure may result in disclosure of the bidder’s information even if eligible to be exempt from public exemption. Identified sections shall be exempt only as authorized by state statute.
FOB Destination- Freight Prepaid and Allowed. Any goods to be delivered to a County location shall be coordinated with the Contract Administrator prior to delivery. Such goods shall be delivered F.O.B. Destination, freight prepaid and allowed. COD delivers shall be denied. The cost of freight, insurance and all other delivery related cost shall be included in the cost of performing the work proposed in the bid.
Any actual or prospective bidder, offeror, or contractor who is aggrieved in connection with the solicitation or selection for award of a contract may file a protest with the Assistant County Administrator. A protest or notice of other controversy must be filed promptly and in any event within two (2) calendar weeks after such aggrieved person knows or should have known of the facts giving rise thereto. All protests or notices of other controversies must be in writing. The Assistant County Administrator shall promptly review the protest and issue a recommendation to the Count Administrator. In turn, the County Administrator shall issue a decision in writing. A copy of the decision shall be mailed or otherwise furnished to the aggrieved party and shall state reasons for the action. The decision of the County Administrator shall be final and conclusive.
By digitally signing this bid, the bidder assigns to the County any and all rights that it may have under the antitrust laws of the United States and the Commonwealth of Kentucky in any way arising from or pertaining to this bid. This provision is remedial in nature and is to be liberally construed by any court in favor of the County.
Kentucky Preference Law. The scoring of bids/proposals is subject to Reciprocal Preference for Kentucky Resident Bidders and Preferences for a Qualified Bidder or the Department of Corrections, Division of Prison Industries. Vendors not claiming resident bidder or qualified bidder status need not submit the corresponding affidavit. If claiming Kentucky Preference, appropriate form must be submitted.
Hold Harmless and Indemnification: The bidder shall defend, indemnify and hold harmless the County, County’s employees, agents, and volunteers, from and against any and all damage claim, liability, cost, or expense (including, without limitation, reasonable attorney’s fees and court costs) of every kind and nature (including, without limitation, those arising from any injury or damage to any person, property or business) incurred by or claimed against the contractor, its employees, agents, and volunteers, or incurred by or claimed against the County, County’s employees, agents, and volunteers, arising out of, or in connection with, the performance of all services hereunder by the contractor. This indemnification and hold harmless includes, but is not limited to, any financial or other loss including, but not limited to, any adverse regulatory, agency or administrative sanctions or civil penalties, incurred by the County due to the negligent, fraudulent, or criminal acts of the contractor or any of the contractor’s officers, shareholders, employees, agents, contractors, subcontractors, or any other person or entity acting on behalf of the contractor. Unless otherwise provided by law, the contractor indemnification obligations hereunder shall not be limited in any way by the amount or type of damages, compensation, or benefits payable by or for the contractor under worker’s compensation acts, disability benefit acts, other employee benefit acts, or benefits payable under any insurance policy. This paragraph shall survive the termination of the contract including any renewal or extension thereof.
The bidder shall obtain all permits, licenses, and certificates, or any such approvals of plans or specifications as may be required by federal, state, and local laws, ordinances, rules and regulations for the proper execution and completion of the work specified herein, including hazardous waste removal.
Bidders are hereby informed that it shall be their sole responsibility to comply with all applicable Federal, State and County laws and regulations having jurisdiction over this type of work. The bidder shall be solely responsible for initiating, maintaining, and supervising all safety precautions and programs in connections with the work. The bidder shall take all necessary precautions for the safety of, and shall provide the necessary protection to prevent damage, injury, or loss to all employees on the work site and other persons including, but not limited to, the general public who may be affected thereby.
Drug-Free Workplace. During the performance of this Contract, the Contractor agrees to (i) provide a drug-free workplace for the Contractor’s employees; (ii) post in conspicuous places, available to employees and applicants for employment, a statement notifying employees that the unlawful manufacture, sale, distribution, dispensation, possession, or use of a controlled substance or marijuana is prohibited in the Contractor’s workplace and specifying the actions that will be taken against employees for violations of such prohibition; (iii) state in all solicitations or advertisements for employees placed by or behalf of the Contractor that the Contractor maintains a drug-free workplace. For the purposes of this section, “drug-free workplace” means a site for the performance of work done in connection with a specific Contract awarded to a Contractor in accordance with this section, the employees of whom are prohibited from engaging in the unlawful manufacture, sale, distribution, dispensation, possession, or use of a controlled substance or marijuana during the performance of the Contract.
Anti-Discrimination. By submitting a bid(s), Bidders certify to County conformity with the provisions of the Federal Civil Rights Act of 1964, the Americans with Disabilities Act of 1990 as amended where applicable.
If claiming Disadvantaged Business Enterprise (DBE) status, certification shall be attached with bid submission.
Deviations and Exceptions. If the bidder takes any exceptions to the specifications or deviates from the requirements, then bidder shall fully state such deviations or exceptions and the reasons for doing so. In addition, a complete explanation of the results of such changes shall be included. For bids with exceptions that fail to submit "Deviations and Exceptions,” failure may result in bid rejection.

BCPWD 22/23-02 Asphalt

6. Pricing Proposal