EEC-AML-Margie Claxton HP AMLRP

Sealed bid documents for the following work will be received by the Division of Engineering and Contract Administration. Bids will be received through MOVEit as described in the manner and on the date hereinafter specified for the furnishing of all labor, materials, supplies, tools, appliances, equipment, services, etc., necessary for Margie Claxton Slide, Division of Abandoned Mine Lands, Whitley County, Kentucky, as set forth in the specifications and on the drawings and approved by the Department for Facilities and Support Services of the Commonwealth of Kentucky and under the terms and conditions to this Request for Bid. The project will construct a gabion retaining wall 72 linear feet long, 12 feet high with two 15 foot wing walls to stabilize the hillside behind the Claxton residence along with rock core drains and combination rock ditch drains to alleviate water issues associated with the slide. Proper silt control will be installed. All area will be revegetated at end of project. No trees 3" dia or greater will be removed outside of slide area. Lump sum bids will be received from Prime Contractors for the project. All phases of work shall be bid to and through the Prime Contracting Firms. Bids shall be submitted in the manner herein described and on the official bid document form included with the conditions and specifications and shall be subject to all the conditions as set forth and described in the Bid Documents. The lump sum bid shall include all items included on the Estimated Quantities Document. Unit Prices will be used for adjustments to the estimated quantities and contractors will be paid for the actual quantities. Award shall be issued on the lowest responsive bid by a responsible bidder. The Bid Document shall contain all qualifying requirements and forms. It is the intent of the Commonwealth of Kentucky to use all available funds. Kentucky Workers' Compensation: Pursuant to KRS 45A.480, the Commonwealth of Kentucky may not contract with any person not in compliance with Kentucky's KRS Chapter 342 workers' compensation insurance requirements. Bid is subject to Reciprocal preference for Kentucky resident bidders and Preferences for a Qualified Bidder or the Department of Corrections, Division of Prison Industries (KAR 200 5:410). KRS 45A.490 Definitions for KRS 45A.490 to 45A.494. As used in KRS 45A.490 to 45A.494: (1) "Contract" means any agreement of a public agency, including grants and orders, for the purchase or disposal of supplies, services, construction, or any other item; and (2) "Public agency" has the same meaning as in KRS 61.805. KRS 45A.492 Legislative declarations. The General Assembly declares: (1) A public purpose of the Commonwealth is served by providing preference to Kentucky residents in contracts by public agencies; and (2) Providing preference to Kentucky residents equalizes the competition with other states that provide preference to their residents. KRS 45A.494 Reciprocal preference to be given by public agencies to resident bidders -- List of states -- Administrative regulations. (1) Prior to a contract being awarded to the lowest responsible and responsive bidder on a contract by a public agency, a resident bidder of the Commonwealth shall be given a preference against a nonresident bidder registered in any state that gives or requires a preference to bidders from that state. The preference shall be equal to the preference given or required by the state of the nonresident bidder. (2) A resident bidder is an individual, partnership, association, corporation, or other business entity that, on the date the contract is first advertised or announced as available for bidding: (a) Is authorized to transact business in the Commonwealth; and (b) Has for one (1) year prior to and through the date of the advertisement, filed Kentucky corporate income taxes, made payments to the Kentucky unemployment insurance fund established in KRS 341.490, and maintained a Kentucky workers' compensation policy in effect. (3) A nonresident bidder is an individual, partnership, association, corporation, or other business entity that does not meet the requirements of subsection (2) of this section. (4) If a procurement determination results in a tie between a resident bidder and a nonresident bidder, preference shall be given to the resident bidder. (5) This section shall apply to all contracts funded or controlled in whole or in part by a public agency. (6) The Finance and Administration Cabinet shall maintain a list of states that give to or require a preference for their own resident bidders, including details of the preference given to such bidders, to be used by public agencies in determining resident bidder preferences. The cabinet shall also promulgate administrative regulations in accordance with KRS Chapter 13A establishing the procedure by which the preferences required by this section shall be given. (7) The preference for resident bidders shall not be given if the preference conflicts with federal law. (8) Any public agency soliciting or advertising for bids for contracts shall make KRS 45A.490 to 45A.494 part of the solicitation or advertisement for bids. The reciprocal preference as described in KRS 45A.490-494 above shall be applied in accordance with 200 KAR 5:400. Determining the residency of a bidder for purposes of applying a reciprocal preference Any individual, partnership, association, corporation, or other business entity claiming resident bidder status shall submit along with its response the attached Required Affidavit for Bidders, Offerors, and Contractors Claiming Resident Bidder Status. The BIDDING AGENCY reserves the right to request documentation supporting a bidder's claim of resident bidder status. Failure to provide such documentation upon request shall result in disqualification of the bidder or contract termination. A nonresident bidder shall submit, along with its response, its certificate of authority to transact business in the Commonwealth as filed with the Commonwealth of Kentucky, Secretary of State. The location of the principal office identified therein shall be deemed the state of residency for that bidder. If the bidder is not required by law to obtain said certificate, the state of residency for that bidder shall be deemed to be that which is identified in its mailing address as provided in its bid. Federal Funding Source One hundred percent funding for this project has been authorized by the U.S. Department of the Interior, Office of Surface Mining, under the provisions of Title IV of PS 95-87. Funds for this project are subject to the 29 CFR 5.5 Davis Bacon Act Requirements, of which are included in the specification book. Contractors and subcontractors must pay laborers and mechanics employed on the project's work site on a weekly basis, no less than the wages and benefits that are prevailing in the area as determined by the federal Secretary of Labor and in accordance to the wage scale provided. The apparent low bidder or proposed subcontractor must be in good standing with the Commonwealth of Kentucky, Energy and Environment Cabinet, Department for Natural Resources, and the federal Office of Surface Mining. The low bidder or proposed subcontractor must also by up-to-date on payments of all associated State and Federal Severance Taxes, civil penalties, fees, and not have outstanding violations with the Energy and Environment Cabinet, Department for Natural Resources and the federal Office of Surface Mining. Any contractor who has listed a proposed subcontractor who is found not to be in good standing with the Energy and Environment Cabinet, Department for Natural Resources, and the federal Office of Surface Mining after a check with the Applicant Violator System (AVS) must substitute a new subcontractor that is eligible without changes in any of the unit prices or bid amounts. Any prime bidder (low bidder) who is found not to be in good standing with the Energy and Environment Cabinet, Department for Natural Resources and the federal Office of Surface Mining after a check with the Applicant Violator System (AVS) will not be eligible for award of contracts on projects funded by PL 95-97 Surface Mining Reclamation Control Act of 1977 (SMRCA) and award of contract will proceed to next ranked eligible bidder. Bids will no longer be accepted via postal carrier (USPS, UPS, FED EX, etc.) nor can bids be delivered to the Bush Building. All forms in your bid document shall be completely filled out when your bid is submitted. Bids must be submitted electronically through MOVEit in order to be accepted. Instructions are attached. Contractors must load their Bid Documents COMBINED under the corresponding RFB in MOVEit in order for it to be received. IF BID IS NOT UPLOADED IN THE CORRECT FOLDER IN MOVEit, THE BID WILL BE DEEMED NON-RESPONSIVE. Bidders are encouraged to take a screen shot verifying bid submittal. This is a secure website, no one can see these bids but the buyers. They are date and time stamped when submitted. Please note that the instructions for MOVEit state that contractors will be notified when their bid is received. Buyers will NOT be notifying contractors. All results will be posted to Lynn Imaging planroom after the bid opening and review. If additional information is needed from the successful bidder, the buyer will be in contact. NOTE: Your bid must be uploaded prior to the bid closing date and time. THE UPLOAD TIME MAY VARY DUE TO THE SIZE OF YOUR BID/PROPOSAL AND/OR INTERNET SPEED. NO LATE BIDS WILL BE ACCEPTED. Bidder assumes full responsibility for timely delivery of the bid in compliance with the above described procedures and conditions. No bidder may withdraw his bid for a period of thirty (30) days after the date set for the opening of bids. All bids shall be accompanied by a bid guarantee (in the form of a bid bond or certified check) of not less than five (5%) percent of the amount of the total bid. A 100% Performance Bond and a separate 100% Payment Bond shall be furnished by the successful bidder. All bonding and insurance requirements are contained in the Instructions to Bidders and/or General Conditions. Bonds should be executed by a surety company authorized to do business in the Commonwealth of Kentucky. The Division of Engineering & Contract Administration, Commonwealth of Kentucky, reserves the right to reject any and all bids and to waive all informalities and/or technicalities where the best interest of the Commonwealth may be served. This project contains the provisions from the Davis Bacon Act. All contractors must pay the suitable amount listed on the federal wage rates for Whitley County, Kentucky. The rates are titled General Decision Number KY20220058 dated 08/12/2022. See attached.

Division 32 -	Exterior Improvements, Operation and Maintenance of Exterior Improvements.
Division 34 -	Transportation, Operation and Maintenance of Transportation.