The Boone County Fiscal Court will receive sealed bids electronically via the County's electronic bidding system only until 2:00 pm (local time), Thursday, April 28, 2022 from qualified vendors to perform the services associated with BCPWD 22/23-011 Guardrail. Bids must be submitted electronically. Late, hand delivered (paper), emailed or facsimile bids will not be accepted. Bids will be opened online at the time listed above.

Specifications may be downloaded electronically by visiting our electronic bidding website.

Boone County reserves the right to reject any and all bids, to waive any informalities and to negotiate for the modifications of any bid or to accept that bid which is deemed the most desirable and advantageous from the standpoint of customer value and service and concept of operations, even though such bid may not, on its face, appear to be the lowest and best price. No bid may be withdrawn for a period of sixty (60) days after scheduled time of receipt of bids.

The Boone County Fiscal Court is an Equal Opportunity Employer. WBE/MBE firms are encouraged to respond to this Invitation to Bid.

Read all instructions, terms and conditions carefully.

1. Intent: It is the intent of this bid process to establish contractual source (s) for the furnishing and delivery of Boone County Fiscal Court’s requirements for the material (s) specified elsewhere herein.
2. Term: The term of this contract shall be for the Fiscal Year beginning July 1, 2022 to June 30, 2023.
3. Prices: All prices contained herein will be firm and fixed for the above mentioned Fiscal Year. No minimum quantity requirements.
4. F.O.B.: All pricing quoted herein shall be on a F.O.B. destination basis. Includes vendor paid freight to delivery location.
5. Delivery: Unless shown otherwise in bid item, it is required that the resultant order (s) be delivered complete within seven (7) calendar days after receipt of order. Offers quoting deliveries in excess time may be considered as alternate offers only to be considered in the event no responsive, responsible bids are received based on this specific delivery requirement. Bidders are reminded that their quotes are binding.
6. Specifications: The specifications shown on the attached Specification bid form are intended to represent item (s) of a quality level known to meet the County’s requirements. While the County endeavors to promulgate written specifications that are accurate and non-restrictive for bidding purposes, they may also reference any items by manufacturer’s name and number.
7. Quantities: The quantities shown are estimates only and the County reserves the right to purchase more or less of any item in accordance with its actual usage. No minimum requirement will be accepted.
8. Known Acceptable Products: Manufacturers and brands listed as “Known Acceptable Products” are shown for the purpose of indicating the quality of the products required by the County and are not intended to be restrictive. The term “or equal” shall apply.
9. Award: The award will be made to the lowest responsive, responsible bidder.
10. Descriptive Literature: Please submit descriptive literature showing specifications of items offered if other than the referenced “Known Acceptable Product.” Failure to submit literature with bid or within three days of verbal request may result in bidder being declared non-responsive for that item.
11. Sample: Samples for alternate items offered may be required subsequent to bid opening. Failure to supply samples within seven (7) calendar days of verbal request may result in bidder being declared non-responsive for that item.
12. Safety Data Sheet: Safety Data Sheets, when applicable, are required to be submitted in three (3) copies with the bid document. Failure or delay in providing data sheets may result in bidder being declared non-responsive for that item.
13. Bidder Affidavit: Included with the Bidder’s Response Copy of this bid is a section entitled: Purchase Order Acknowledgment. Read this section carefully. Failure to comply may result in the disqualification of your bid/contract anytime during the term of the contract.
14. Termination for Convenience: The County may terminate the contract, in whole or in part, without showing cause upon giving at least thirty (30) days written notice to contractor. The County shall make payment for goods or services delivered and accepted up to the date of termination.
15. Termination for Default: The contract may be terminated by the Assistant County Administrator in whole or in part by written notice of default to the contractor upon non-performance or violation of a contract’s terms or conditions. An award may be made to the next low bidder, or services specified may be purchased on the open market similar to those so terminated. In either event, the defaulting contractor (or his surety) shall be liable to the County for costs to the County in excess of the defaulter contract price. Failure of the contractor to deliver the specified services within the time stipulated on his bid, unless extended in writing by the Assistant County Administrator, shall constitute contract default.
16. Contract Provision for other Boone County Agencies: Each bidder agrees when submitting their bid, unless otherwise stipulated, that the bidder will make available to all County Agencies and departments the prices offered in accordance with the bid terms and conditions. Verification of eligibility of participate in a contract may be requested from the County.
17. OSHA Regulations, Bloodborne Pathogens: The successful bidder shall during the course of performance under the proposed contract comply with Part 1910 of Title 29 of the Code of Federal Regulations (OSHA). This regulation deals with occupational exposures to bloodborne pathogens and other potentially infectious materials. During the performance of your contractual requirements, the contractor is expected to be alert to any potentially high risk of exposure opportunities and take all mandated precautionary measures contained in the regulation, including making available to all employees who have occupational exposure Hepatitis B vaccine and vaccinations series and post exposure follow-up following exposure incidents.
18. Boone County Occupational License: The successful bidder maybe required to obtain a Boone County Occupational License. If required and bidder fails to obtain, it may result in termination of the contract.

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.

All bidders must fill out the REQUIRED AFFIDAVIT FOR BIDDERS, OFFERORS AND CONTRACTORS CLAIMING RESIDENT BIDDER STATUS. If this form is not completed and notarized, the bid will not be considered. Forms enclosed.

1. Any agreement of collusion among bidders or prospective bidders which restrains, tends to restrain, or is reasonably calculated to restrain competition by agreement to bid at a fixed price, or to refrain from bidding or otherwise, is prohibited. The provisions which permit the regulation of resale price by contract do not apply to sales to the State, or sales to Local Government.
2. Any person who violates any provisions of Kentucky Revised Statute 42.460 shall be guilty of a felony and shall be punished by a fine not less than five thousand dollars nor more than ten thousand dollars or be imprisoned not less than one year nor more than five years, or both such fine and imprisonment. Any firm, corporation, or association who violates any of the provisions of KRS 42.460 shall, upon conviction, be fined not less than ten thousand dollars nor more than twenty thousand dollars.

1. All material and installation shall meet the current Kentucky Department of Highways Standard Specifications for Road and Bridge Construction and Standard Drawings. Guardrail end treatment pay limits per KYTC Standard Drawings.
2. Responsible for all utility locations, needed signage and traffic control per Manual on Uniform Traffic Control Devices (MUTCD) current addition.
3. Contractor is responsible for disposal of all removed guardrail materials to site other than County yard.
4. The following insurance requirements are the minimum that will be acceptable:
   1. Worker’s Compensation – Statutory limits for State of Kentucky including Employers’ Liability Insurance of $100,000.00
   2. Commercial General Liability - $1,000,000 Each Occurrence Combined Single Limit.
   3. Comprehensive Automobile Liability - $500,000.00 Each Occurrence Combined Single Limit.
5. Once the contractor is notified of work, contractor shall coordinate the installation as needed with Boone County Public Works. Though a minimum quantity is not specified, every effort will be made by the County to establish appropriate quantities of work prior to contractor notification.
6. Boone County realizes the importance of having a waste management policy and supporting recycling industries to further such policy. Therefore, preference may be given to purchasing items containing recycled material whenever practicable and feasible.

1. Any purchase made by Boone County must be made with a valid purchase order number. The purchasing representative of each department issues these numbers. If there is any question as to who this person is, please contact the Purchasing Specialist at 859-334-3114. It is the vendor’s responsibility to insure they have an authorized number prior to placing an order or rendering goods or services and to ensure that the purchase order number is listed on the invoice.
2. Any purchase made without the proper purchase order number will not be paid. Also, quantities must not exceed the amount listed on the order, with the exception of bulk products such as gravel, sand or asphalt. These products will be allowed a maximum of ten (10) percent overage.
3. Vendor is responsible to ensure correct billing of materials provided to the County. Improper billing procedures and/or billing errors may result in contract termination.

The bidder will be required to provide verification of insurance coverage in accordance with the parameters that follow. The successful bidder will have fifteen (15) calendar days to comply with this requirement, excluding County holidays and non-workdays, if applicable.

The bidder must maintain the insurance coverage required by the County while this contract is in force, including automatic renewal terms, and shall provide documentation of such insurance in a form satisfactory to the County.

In the event that the bidder changes their insurance carrier, new verification of insurance coverage must be provided to the County by the new insurance carrier within ten (10) days of the change of policy.

The bidder shall purchase and maintain in force, at their own expense, such insurance as will protect them and the County from claims, which may arise out of or result from the bidder's execution of the work, whether such execution be by the bidder, bidder's employees, agents, sub-Contractors, or by anyone for whose acts any of them may be liable. The insurance coverage shall be such as to fully protect the Owner, the Engineer (if applicable) and the public from all claims for injury and damage resulting by any actions on the part of the bidder or bidder's forces as enumerated above. The bidder shall furnish a copy of an original Certificate of Insurance, naming Boone County as an additional insured. Certificate of Insurance must have an original signature. Should any of the policies be canceled before the expiration date, the issuing company will mail 30 days written notice to the certificate holder. The bidder shall furnish insurance in satisfactory limits, and on forms and of companies which are acceptable to the Owner's Attorney and/or Assistant County Administrator and shall require and show evidence of insurance coverages on behalf of any sub-Contractors (if applicable), before entering into any agreement to sublet any part of the work to be done under this Contract.

The following insurance requirements are the Minimum Limits of Liability, Terms, and Coverage that will be acceptable:

1. Commercial General Liability
   • $1,000,000 bodily injury and property damage each occurrence, including advertising and personal injury, products and completed operations
   • $5,000,000 products/completed operations, independent bidder's liability, contractual liability, and coverage for property damage from perils of explosion, collapse, or damage to underground utilities, commonly known as XCU
   • $5,000,000 general annual aggregate
2. Auto Liability Insurance
   • $1,000,000 each person, bodily injury, and property damage, including owned, non‐owned and hired auto liability
3. Workers’ Compensation
   • Statutory limits
4. Employer’s Liability
   • $1,000,000 bodily injury by accident, each accident
   • $1,000,000 bodily injury by disease, each employee
   • $1,000,000 bodily injury by disease, policy aggregate
5. Umbrella/Excess Liability
   • $5,000,000 each occurrence and annual aggregate
   • Underlying coverage shall include General Liability, Auto Liability, and Employer's Liability
   • $1,000,000 annual aggregate covering damages or liability arising or resulting from bidder's services rendered, or which should have been rendered, pursuant to the Contract
6. Property
   • The bidder shall purchase and maintain property insurance covering machinery, equipment, mobile equipment, and tools used or owned by the bidder in the performance of services under the Contract. MPHI shall in no circumstance be responsible or liable for the loss or damage to, or disappearance of, any machinery, equipment, mobile equipment, and tools used or owned by the bidder in the performance of services under the Contract.

The bidder and their insurance company should carefully review the insurance requirements applicable to this agreement. All requirements herein must be met before the County will execute the contract.

All requests for clarifications, changes, exceptions, deviations to the terms and conditions set forth in this bid package must be submitted via the County’s project “Q&A Tab” on the Boone County Vendor Portal: https://secure.procurenow.com/portal/boonecountyky

The Final day for receipt of questions from bidders shall be on or before 5:00 pm on Wednesday, April 20, 2022. To ensure fairness and avoid misunderstandings, all communications must be in electronic format and submitted via the County’s electronic bidding website. Any verbal communications will not be considered. All questions received by the due date will be logged, and reviewed, and if required, a response will be provided via an addendum to the bid package that will be posted on the County’s procurement portal. Any communications, whether written or verbal, with any County elected official or County staff with regards to project details and scope prior to award of a contract is strictly prohibited and the bidder shall be disqualified from consideration.