JONES RUN FLOODGATE REPAIR

CITY OF FRANKFORT

TOPIC PAGE

Legal Advertisement 2

I. Scope of Work 3

II. General Instructions to Bidders 3

III. General Terms and Conditions 9

IV. Technical Specifications 14

V. Bid Schedule 16

VI. Bid Proposal Form 18

VII. Contract Agreement 19

Appendix A: Design Drawings

Appendix B: Structural Calculations

CITY OF FRANKFORT

INVITATION FOR BIDS

BID # 22526001-66

The City of Frankfort will receive sealed bids for the repair of the Jones Run Floodgate Repair commencing with the execution of a contract between the City and the successful bidder. Bids will be received in the Finance Department, City Hall, 315 West Second Street, Frankfort, Kentucky, until 2:00 p.m. EST, June 16, 2026. Bid opening will occur at approximately 2:05 p.m. EST, June 16, 2026.

PHYSICAL BIDS: All bids must be turned in to the Office of the Purchasing Division, City Hall, 315 West Second St., Frankfort, KY, no later than 2:00 pm EST on date of bid opening. Bids cannot be accepted at any other location. Bids must be received by the designated date and time and none will be considered thereafter.

Bidders are to submit physical bids in a sealed envelope; the bidder is advised to clearly mark the sealed bid with the bid number and description listed above. The City of Frankfort, Kentucky is not responsible for the premature opening of, or the failure to open, a sealed bid not properly addressed or identified.

ELECTRONIC BIDS: Electronic Bids submitted through DemandStar will also be accepted for this project. Bids must be signed and submitted in same required format. Submit one (1) electronic copy if using . After uploading your bid, bidders are encouraged to verify the successful upload of the document. Bids must be received by the designated date and time and none will be considered thereafter.

Bids will be prepared per the specifications detailed within the Bid documents which are available at no charge with registration through DemandStar (https://www.demandstar.com/registration) or a copy can be obtained in the Office of the Purchasing Division, City Hall, 315 West Second St., Frankfort, KY.

The City of Frankfort, Kentucky reserves the right to reject any and all bids received, and to select that bid which it determines to be in its best interest. The award of this bid will be made on the basis of the lowest and best evaluated bid price.

Bidders are invited to be present for the opening of the bids submitted.

FOR THE CITY OF FRANKFORT, KENTUCKY

Angie Disponette, Purchasing Agent

I. SCOPE OF WORK

The City of Frankfort intends to issue a contract for construction of the repairs to the Jones Run Floodgate. Seepage under the flood gate occurred primarily through the old rail slots where the existing asphalt,

timber, and concrete fill materials have deteriorated. An improved seal will be constructed by removing

the existing materials and filling the old rail slots with new concrete. Reinforcing bars (#4) will be doweled

6-inches into the existing concrete sill at the bottom of the rail slot and a fast-curing adhesive will be used

to bond the dowels to the sill. Two rows of hydrophilic water stops will be installed, 4-inches from either

end of each rail slot, between the sill concrete and the new concrete. Approximately 5 feet of the asphalt road on the river side of the gate and 24 feet on the land side of the gate will be demolished and replaced with a 10-inch-thick, reinforced concrete slab. The concrete compressive strength is specified as 4,500 psi with a top and bottom mat of #6 bars spaced 10-inches apart each way. An edge grade beam, 12-inches thick, will be installed to the frost depth beneath the slab. The six (6) anchor rods for the stop logs will be replaced with new three-quarter-inch diameter ASTM A572 Grade 50 threaded rods.

Construction shall be performed in accordance with the specifications detailed in the provided design drawings. Calculations to support the provided specifications are provided in the appendix.

For purposes of calculating construction costs the City has provided estimated quantities and line items in tabular format in the "Bid Schedule" section. Please provide the provided cost and include any proposed items not included in the bid schedule as separate line items on a separate sheet.

II. GENERAL INSTRUCTIONS TO BIDDERS

1. Bid Identification

bid shall be returned in a sealed envelope and have typed on the outside Bid or Quotation Number, Opening Time and Date. This instruction is provided as a means to ensure proper delivery, handling, and public announcement of a bidder's response at the official bid opening date, and time. No responsibility will attach to the City of Frankfort for a premature opening of or failure to open a bid not properly addressed or identified. Bids in the form of telegrams, telephone calls, facsimiles, or telex messages will not be accepted.

2. Bid Submission

Each bid shall be signed and submitted with the understanding that the bid is firm for the sixty (60) days immediately following the date of opening of the bids. ids must be submitted on the attached form and signed in ink by an authorized individual of the company or corporation. At the end of the sixty day period, the bid may be withdrawn at the written request of the bidder. If the bid is not withdrawn, it will remain in effect until an award is made or the bid offering is canceled. Responses received after the deadline will not be considered.

3. Right to Reject and Award Bid

The City of Frankfort, Kentucky reserves the right to reject any and all bids received in response to this bid offering, and to waive any informality in this bid offering. The award of a contract shall be at the sole discretion of the City of Frankfort, Kentucky. The award will be made to the responsible bidder whose bid is determined to be the most advantageous to the City, taking into consideration the evaluation factors set forth in this bid package, if any. The City of Frankfort may make the award without further discussion of the bids submitted. Therefore, the bid should be submitted initially on the most favorable terms which the bidder can bid with respect to price, product, service, and technical capability. The contents of the bid of the selected bidder will become the basis for the City of Frankfort, Kentucky's contractual obligation when the award is made.

4. Bid Retraction

Bidders are advised that bids submitted as part of this bid offering may not be withdrawn for a minimum of sixty (60) days following the public bid opening unless circumstances justify consideration by the Finance Director of a release from this provision. Requests to withdraw a bid must be in writing and received by the City of Frankfort, Kentucky within twenty-four hours of the public bid opening.

5. Basis of Selection

The bid award will be based on the best bid received from those bidders as determined to be responsible and responsive to the invitation, and provided that the bids are reasonable and in the best interest of the City to do so. Delivery time schedule must be definite.

6. Sales Tax

If this Bid is for the purchase and installation of materials or equipment, and if you are a Contractor as defined by 103 KAR 26:070, Section 2, and are required to pay Sales Tax on materials or equipment purchased by you from your suppliers, then the Sales Tax should be included as a part of your Bid price.

If this Bid is for the direct sale of materials or equipment to the City of Frankfort, and if you are a retailer or hold a valid Resale Certificate from the State of Kentucky, then the Bid price should not include any Sales Tax.

7. Documentation

Return original document with bid response.

8. Late Submissions

See General Terms and Conditions.

9. Specifications

All services provided or materials purchased and delivered by the vendor shall meet the City's specifications, including amendments and revisions, hereto issued prior to the date of bid opening.

10. Completion/Delivery Schedule

If applicable each bidder shall state as part of the bid, a time schedule for delivery of the components required by the City. Number of calendar days required for delivery shall be considered in the bid award.

11. Business Tax Status

In order to receive a bid award from the City of Frankfort, Kentucky, a bidder must not be delinquent on any business, regulatory, and/or ad valorem taxes, due to the City for real or personal properties owned by the bidder, including penalty and interest charges, or any one or more of its corporate officers. Inquiries can be directed to the Finance Department, City Hall, 502-875-8541.

12. Questions and Addenda

This bid is offered by the Purchasing Office. Bidders shall carefully examine this bid and any addenda issued by the Purchasing Office. Bidders shall seek clarification of any ambiguity, conflict, omission, or other error in this bid "in writing." Oral comments or communications do not form any part of this bid offering. Questions should be addressed to the Purchasing Agent in writing. If the answer materially affects this procurement, the information will be issued in an addendum. Written communications should be addressed as follows:

City of Frankfort Purchasing Office

P.O. Box 697

Frankfort, Kentucky 40601-0697

13. Retention of Records

The successful bidder shall be required to maintain, for a period of five (5) years from the date of final payment to the bidder, all books and records pertaining to this bid offering.

14. Business Status and Registration Requirements

In order to receive a bid award from the City of Frankfort, Kentucky, a bidder must be properly registered with the Occupational License Division to do business in the City. If a bidder is already registered, all of their applicable license accounts must be in "good standing" with the City. Good standing is defined as having all fees, including penalty and interest charges, relating to employee wages, and business net profits, paid in full with appropriate reporting forms filed in the offices of the City's License Division. Inquiries can be directed to the License Division, City Hall, 502-875-8504. (This clause is only for firms bidding to perform actual business in the City, not delivering equipment. This is also only relevant if the bidder is awarded the bid.)

15. Conflicts, Gratuities, and Kick-Backs Prohibited

The City of Frankfort, Kentucky adheres to the provisions of KRS 45A.455, paragraphs (1) through (5) relative to conflicts of interests, gratuities, kick-backs, and use of confidential information in all bid offerings.

16. Cost Incurred in Responding

This bid offering does not commit the City of Frankfort, Kentucky to pay any costs incurred in the preparation and submission of bids or in making necessary studies or designs, nor does it commit the City of Frankfort, Kentucky to enter into a contract.

17. Disposition of Bids

All materials submitted in response to this bid offering will become the property of the City of Frankfort, Kentucky. One (1) copy of each bid shall be retained for the official files and will become a public record after an award is made by the City of Frankfort, Kentucky, and thus open for public inspection. It is understood that the bid will become a part of the official file without obligation on the part of the City of Frankfort, Kentucky.

18. Insurance Requirements

Prior to commencement of work, the City of Frankfort requires all Vendors to submit a Certificate of Insurance to the City of Frankfort's Procurement Agent (and other parties upon request) in the form of a standard Acord Form 25 that fully complies with the requirements of our contract agreement. Failure to provide the certificate with the proper coverage and limits will result in delayed payment to the Vendor. The following is an outline of the Insurance requirements that must be provided and so indicated on the Certificate of Insurance.

Commercial General Liability (CGL) with limits of insurance not less than:

$1,000,000 Each Occurrence and $2,000,000 General Aggregate

$1,000,000 Personal Injury and Advertising Injury

The General Aggregate shall apply separately to each project per ISO form CG2503 (11/85) or its equivalent.

CGL coverage shall be written on ISO occurrence form CG0001(04/13) or a substitute form providing equivalent coverage and shall cover liability arising from:

Premises/Operations

Personal Injury / Advertising Injury

Products-Completed Operations

Liability assumed under an Insured contract (including tort liability of another assumed in a business contract)

Independent Contractors

Certificate Requirements

Certificate Holder:

City of Frankfort

315 W. Second Street

Frankfort, KY 40601

General Liability policy must be endorsed to provide there will be no cancellation or reduction in coverage without thirty (30) days prior written notice given to the City of Frankfort.

Certificate of Insurance should be mailed to the corporate office of the City of Frankfort attention of Finance Department. If applicable to a specific project, reference the project number and project name on the Certificate. Copies of the Certificate forms showing compliance with the insurance requirements must be provided prior to commencement of work.

19. Disclosure

In compliance with Kentucky Revised Statutes, Chapter 45A, and the Kentucky Open Records Act, trade secrets or proprietary information submitted by a bidder in connection with this procurement shall not be subject to public disclosure. However, the bidder must invoke this protection prior to or upon submission of the data or other material, and must identify the specific area or scope of data or other materials to be protected and state the reasons why protection is necessary.

20. Prime Bidder Responsibilities

If the bidder's response includes goods and services provided by others, the bidder will be required to act as the prime contractor for all such items and must assume full responsibility for the procurement, delivery, and quality of such goods and services. The bidder will be considered the sole point of contact with regard to all stipulations, including payment of all charges and the meeting of all contractual requirements resulting from this bid offering.

21. Inquiries and Additional Information

Any questions may be referred to the City of Frankfort Purchasing Agent at 502-352-2101.

III. GENERAL TERMS AND CONDITIONS

Applicable Laws and Regulations

The bidder's attention is directed to the fact that all applicable Laws of the Commonwealth of Kentucky, Municipal Ordinances and the rules and regulations of the City shall apply to this invitation and contractual documents that may result with award of this invitation. Any litigation with respect thereto shall be brought in the courts of the Commonwealth of Kentucky and Kentucky Law shall govern.

Exceptions.

Bidders taking exceptions to any part or section of the Invitation shall indicate such exceptions on the bid form. Failure to indicate any such exception will be interpreted, as the bidder's intent to comply fully with the requirements as written. Conditional or qualified bids, unless specifically allowed, shall be subject to rejection in whole or in part.

Oral Statements.

No oral statement shall modify or otherwise affect the terms, conditions, or specifications stated in the invitation or ensuing contract. Modifications will be written.

Bid Acceptance Period

Any bid submitted as a result of the solicitation shall be binding on the bidder for a period of sixty (60) calendar days following the opening date. Any quote for which the bidder specifies a shorter acceptance period may be rejected.

Ethics in Public Contracting

The bidder certifies that its bid was made without collusion or fraud; that it has not offered or received any kickbacks or inducements from any other bidder, supplier, manufacturer, or subcontractor in connection with the bid; and that it has not conferred on any public employee having official responsibility for this procurement transaction any payment, loan, subscription, advance, deposit of money, services, or anything of more than nominal value.

Late Submissions

A bid received at the place designated in the invitation for the receipt of bids after the exact time specified for receipt will not be considered unless it is the only bid received or it is received before award is made and was sent by registered or certified mail not later than the fifth calendar day before the date specified for receipt of bids. The City must determine that the late bid was due solely to mishandling by the City after receipt at the specified address.

Informalities and Irregularities

The City has the right to waive minor defects or variations of a quote from the exact requirements of the specifications that do not affect the price, quality, quantity, delivery, or performance time of the services being procured. If insufficient information is submitted by a bidder, (with the bid) for the City to properly evaluate the bid, the City has the right to require such additional information as it may deem necessary after the time set for receipt of quotes, provided that the information requested does not change the price, quality, quantity, delivery, or performance time of the services being procured.

Indemnification

The bidder covenants to save, defend, keep harmless, and indemnify the City and all of its officers, departments, agencies agents, and employees from and against all claims, loss damage, injury, fines penalties, and cost - including court costs and attorney's fees, charges, liability, and exposure, however caused - resulting from, arising out of, or in any way connected with the bidder's negligent performance or nonperformance of the terms of the contract.

Termination

The performance of work under the contract may be terminated by the City in whole or in part whenever the City determines that the termination is in the best interest of the City. Any such termination shall be effected by the delivery to the contractor of a written notice of termination at least fifteen (15) days before the date of the termination, specifying the extent to which performance of the work under contract is terminated.

Drawings, Sketches, and Technical Data Information

Bidders are encouraged to submit any and all technical data necessary to support its bid. Additional generic literature on the item bid, i.e. marketing, sales and so forth may also be submitted.

Warranties of Quality

Bidder warrants that the goods and services provided pursuant to the Proposal Specification shall conform to all affirmations of fact or promises made by bidder, descriptions, samples, specifications and appropriate industry and workmanship. In addition, bidder warrants that said goods and services are merchantable and are fit for the ordinary purposes for which such goods and services are used. In the event of a breach of any of the foregoing warranties, bidder shall expeditiously as that term is defined by the City, and at its own expense but at the sole option of the City, repair or replace the goods and services to comply with said warranties. The foregoing warranties shall apply to any and all repaired or replacement goods and services provided hereunder. Additional warranty requirements are incorporated in Article IV TECHNICAL SPECIFICATIONS.

Additional Clauses Incorporated by Reference

OSHA 1970 (Public law 91-596) Safety Standards and Accident Prevention

KRS 45.610 - Hiring Minorities and Women

KRS 45.620 - Actions Against Contractor - Hiring Minorities and Women

KRS 45.630 - Termination of Existing Employees

KRS 45.640 - Reporting Compliance Breech

KRS 65.140 - Time for Payment

KRS 45-570; 45.590 - Nondiscrimination Clause

Bid Distribution

Bid shall be made out in one (1) copy and returned per instructions in preamble.

Questions on Bid Documents

All matters, regardless of the nature regarding this bid invitation shall be submitted to the Purchasing Agent, City of Frankfort, 315 W. Second Street, Frankfort, KY 40601, telephone number 502-352-2101.

Warranties of Title

Supplier warrants that it has title to and the proprietary right to provide the goods pursuant to the contract. Supplier shall at its own expense either defend or settle with the prior approval of the City, any suit, claim or action against the City based on an allegation that the goods or the use thereof constitutes a patent, copyright, trade secret or other intellectual property right infringement. Supplier shall pay all amounts assessed against the City in just suit, claim or action and shall reimburse the City of any damages, direct or consequential, incurred as a result of such suit, claim or action including the City's expenses incurred by participating in the defense or settlement thereof. In the event the goods are held to constitute an infringement in such suit, claim or action or their continued use is enjoined, Supplier shall at its own expense and at the option of the City, either: a) procure for the City the right to continue using the goods, b) replace the goods with equivalent noninfringing goods which are acceptable to the City, or c) modify the goods in a manner which is acceptable to the City, so they become noninfringing.

Nonwaiver of Rights

No delay or omission by the City to exercise any right in the contract at law or in equity, shall constitute a waiver of such right or any other right in the contract, at law or in equity.

Warranty of Price

Supplier warrants that the prices for the goods provided to the City pursuant to the contract are not less favorable than those prices currently in effect with other customers of Supplier for the same or similar goods in similar quantities. In the event Supplier reduces its prices for such goods prior to the completion of the contract, Supplier shall reduce the prices in the contract correspondingly. Supplier warrants that the prices in the contract shall be complete and no additional charges of any type, including but not limited to shipping, packaging, labeling, custom duties, storage, insurance, boxing and crating, shall be added without the prior written consent of the City.

Setoff

All claims for money due or to become due from the City shall be subject to deduction or setoff by the City by reason of any counterclaim or cross claim arising out of this or any other transaction with Supplier.

Compliance with Laws

Supplier shall comply with all federal, state and local laws, rules, City ordinances and regulations, Presidential directives and executive orders that are or may in the future become applicable to Supplier or the subject matter of the contract and all such federal, state and local laws, rules, City ordinances and regulations, Presidential directives and executive orders are hereby incorporated herein by this reference.

Certification of No Bid Rigging

Supplier certifies to the City that Supplier has not combined or conspired with any other person to reduce or eliminate competition in the bidding of the contract, the effects of which would constitute an unreasonable restraint of trade or commerce.

Merger Clause

Unless it has been issued by the City in response to an offer by Supplier, this contract, including any exhibits or documents incorporated herein by reference, constitutes the find written expression of all the terms and conditions of the contract between Supplier and the City and is a complete and exclusive statement of those terms and conditions and supersedes all prior negotiations, representations or agreements, either written or oral, with respect to the subject matter of the contract, except those representations relating to warranties of quality. This contract may only be modified in writing by the City.

Kentucky Residential Bidder Preference

The Kentucky Residential Bidder Preference laws, KRS 45A.490 to 45A.494 and 200 KAR 5:400, apply to a contract awarded pursuant to this Invitation for Bids, and are hereby incorporated by reference.

Local Purchasing Preference

Applicable provisions of the Local Purchasing Preference located in City of Frankfort Code of Ordinances 38.01 to 38.04 apply to a contract awarded pursuant to this Invitation for Bids.

Term of Contract

The Contract shall commence on the date of execution by both parties and terminates upon acceptance of the work by the City.

IV. TECHNICAL SPECIFICATIONS

1. Bid Deposit: All bids must be accompanied by a certified check or surety bond payable to the City of Frankfort, in the amount of five percent (5%) of the total amount of the bid. This deposit will be held as a guarantee that bids are bona fide and that the bidder will enter into a contract in accordance with terms and conditions of this Invitation if bid is accepted by the City. The deposits of unsuccessful bidders will be returned at an early date after contracts are awarded. The bid deposits of successful bidder(s) will be retained pending execution and receipt of adequate Performance Bond. For purposes of calculating bond amount, the Contractor should use a contract amount of $120,000.00.

2. Contract and Performance Bond: The successful bidder or bidders within ten (10) calendar days after receiving notice from the City Engineer to do so, shall execute a contract with the City for the complete performance, specified therein, and furnish a satisfactory Performance Bond. Said bond shall be One Hundred Percent (100%) of the contract price as a guarantee of good faith on behalf of the contractor that the terms of these specifications shall be completed within every particular. Said bond shall be subject to the approval of the Legal Department of the City of Frankfort.

Said Performance Bond shall not be released until all the provisions of the contract have been fulfilled. The Performance Bond must be signed by a Surety Company authorized to do business in the Commonwealth of Kentucky.

3. Certificates and Licenses: The bidder shall provide notarized copies of all valid licenses and certificates required for performance of the work. The notarized copies shall be delivered to the City of Frankfort no later than ten (10) days after the contractor received the notice of award from the City of Frankfort. Current notarized copies of licenses and certificates shall be provided to the City of Frankfort within twenty four (24) hours of demand at any time during the contract term.

4. Payments: Payments shall be made to the contractor on a monthly basis. Said payments will be for all work completed and for which itemized invoices have been submitted to and approved by the City.

5. Delivery Requirements and Schedule

Bid Questions must be submitted by 5:00 pm on June 9, 2026. All questions are to be submitted in writing to the City of Frankfort Purchasing Agent. All questions will be answered in writing by June 12, 2026.

Bid Opening will take place at 2:00 pm on June 16, 2026 at City Hall (315 West Second Street, Frankfort, KY).

After receiving a Notice to Proceed (NTP) from the City, the Contractor shall mobilize and begin field work within 30 days. Please note the NTP will not be issued until all permits have been received by the City.

Substantial Completion shall be achieved within 45 days of NTP.

Final Completion is set at 60 days from the date of NTP.

V. Bid Schedule

The estimated quantities provided below are intended for the OWNER'S general reference only. Prior to submitting a LUMP SUM price, the CONTRACTOR shall become thoroughly familiar with the Project site and the Contract Documents and shall provide in the bid for all site alterations and material quantities and other incidentals as may be reasonably expected to complete the Work to the final condition shown, be those items less or more than stated in the Project Description. If the CONTRACTOR discovers a discrepancy in any quantities, then the CONTRACTOR shall make appropriate adjustments as are needed to the quantities prior to submitting the LUMP SUM price and submit a list of such discrepancies with its bid price. No additional payment will be made for variations in quantities from those stated on the Drawings.

V. BID PROPOSAL FORM

PROPOSAL FORM

Bid No. 22526001-66

I (We) of propose to furnish to the City of Frankfort, Kentucky, after the acceptance of this Proposal by the City, Jones Run Floodgate Repair in accordance with the attached specifications.

Bidder Identification:

Business Name:

Print Name and Title:

Date of bid proposal submittal:

Signature:

Bidder has a valid City Business License Yes No

If "Yes", license no. ________________________________

VII. CONTRACT AGREEMENT

This contract made and entered into this _______ day of ______________, 2026, between the City of Frankfort, Kentucky, First Party, and _____________________________, Second Party.

This Contract commences on the date above and terminates upon final acceptance of the work by the City.

WITNESSETH:

That for and in consideration of the payment by the City of Frankfort of the amounts due Second Party as set forth in Second Party's successful bid, which has been accepted by the City of Frankfort, Second party agrees to provide construction services and material for the Jones Run Floodgate repair in accordance with the specifications set forth in the City of Frankfort's Invitation for Bids, Bid #22526001-66 and further agrees that Articles II, III, and IV and Appendices A and B of said Invitation for Bids are incorporated by reference as terms of this Contract as if fully set forth herein.

It is understood that both parties must agree in writing to any revisions, additions or deletions to this Contract.

First Party:

City Of Frankfort, Kentucky

By:

Title:

Second Party:

By:

________________________

City Attorney

Title:

APPENDIX A: DESIGN DRAWINGS

APPENDIX B: STRUCTURAL CALCULATIONS