Attachment A RFB 758 2200000500 - 03-17-2022.pdf

ELECTRONIC BID SUBMISSION

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

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. A separate Bid Sheet is attached and must be included with the response. Bidders MUST enter $.01 in the Unit Price field as the electronic bid. This is the ONLY pricing that is to be entered electronically. All actual pricing must be on the Bid Sheet.

All bidders MUST be registered in the Commonwealth eProcurement System via the Vendor Self Service System at https://emars311.ky.gov/webapp/vssprdonline3111d/AltSelfService

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/default.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).

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An offer may be modified or withdrawn by electronic or written notice ONLY if received prior to the bid closing date and time.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.

https://emars311.ky.gov/webapp/vssprdonline3111d/AltSelfService https://finance.ky.gov/eProcurement/Pages/default.aspx mailto:Finance.CRCGroup@ky.gov

The following items MUST be submitted prior to award:

_____REVENUE FORM 10A100 KENTUCKY TAX REGISTRATION APPLICATION

(see Section 37)

_____CERTIFICATE OF AUTHORITY – REGISTRATION WITH SECRETARY OF

STATE BY A FOREIGN ENTITY (see Section 39)

_____REQUIRED AFFIDAVIT(S) (see Attachment A)

_____EEO FORMS IF APPLICABLE (see Section 34)

ATTACHMENT A

Commonwealth of Kentucky Request for Bid (RFB)

For

KSFB MOWING, LANDSCAPING, & SNOW REMOVAL SERVICES

RFB 758 2200000500

Issued by The Finance and Administration Cabinet

On Behalf Of Kentucky State Fair Board

Release Date: March 17, 2022 Vendors’ Written Questions Due: March 24, 2022 at 10:00 AM, ET

CLOSING DATE AND TIME: April 1, 2022 at 1:30 PM, ET

Commonwealth Buyer:

Keith Srutowski

COMMONWEALTH OF KENTUCKY

FINANCE AND ADMINISTRATION CABINET

Office of Procurement Services 200 MERO STREET, 5th FLOOR

FRANKFORT KY 40622

(502) 564-7007 keith.srutowski@ky.gov mailto:keith.srutowski@ky.gov

PUBLIC BID READINGS HAVE BEEN TEMPORARILY SUSPENDED

We have temporarily suspended public bid readings in the Office of Procurement

Services (OPS). Any person wishing to hear a bid reading may call the OPS conference line at 844-603-5060, Participant Code 44510, at 3:30pm, ET on the bid closing date.

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.

All proposed pricing shall remain valid for a minimum of sixty (60) calendar days after the bid due date.

This Contract shall be awarded as Group All. Vendors shall bid all line items, otherwise bid shall 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 http://eprocurement.ky.gov and respectively https://finance.ky.gov/eProcurement/Pages/procurement-laws-regulations-and-policies.aspx. The vendor must comply with all applicable statutes, regulations and policies related to this procurement.

Solicitation

Terms and Conditions

Master Agreement

Section 1 Scope of Contract The Office of Procurement Services issues this solicitation to establish a Master Agreement for: Mowing, Landscaping, & Snow Removal Services http://eprocurement.ky.gov/ https://finance.ky.gov/eProcurement/Pages/procurement-laws-regulations-and-policies.aspx https://finance.ky.gov/eProcurement/Pages/procurement-laws-regulations-and-policies.aspx

Section 2 Bid Specifications (Requirements that include the words “Shall”, “Will”, “Must” indicate a mandatory requirement)

General Specifications for all lines:

The Kentucky Exposition Center (KEC) and KY International Convention Center (KICC) are requesting a bid for lawn care and snow removal services annually. These specifications encompass the furnishings of Lawn Care Services and snow removal for sidewalks and parking garages at the Kentucky Exposition Center and Kentucky International Convention Center properties and indicate the quality and the specific services desired. The contractor providing these services must take pride in and provide quality work as to present a positive appearance to the Kentucky Exposition Center and KY International Convention Center.

The contractor and its personnel assigned to work at the Kentucky State Fair Board (KSFB) properties must comply with all OSHA regulations pertaining to the products and services to be provided. In addition to OSHA Safety Requirements, the following must be observed:

When service is performed in areas accessible to either KSFB employees, the attending public or clients, all affected areas shall be well marked and easily visible with appropriate signage to notify persons passing of any potential danger.

Contractor to make immediate improvement of necessary conditions and/or procedures, and/or stop the work if hazards, caused by the Contractor, are identified by KSFB staff.

In the event KSFB should elect to stop work due to said hazard, the Contractor shall bear all costs for eliminating the hazard at the Contractor’s expense.

Fire lanes, alleyways, entrances, exits must be kept unobstructed at all times.

In order to be considered qualified to provide the Services hereunder, each Bidder must, at a minimum, meet the following criteria:

A. Have a minimum of five years’ experience under current name in providing the Services required in this contract, at a facility similar to the KY Exposition Center. The Commonwealth reserves the right to require documentation verifying the number of years of experience.

B. Shall have the ability to respond within two (2) hours to correct any insufficient services or work left incomplete.

C. Shall have a minimum of thirty-five (35) full-time employees.

By submitting a bid in response to this solicitation the vendor is confirming they have at least the minimum required experience, they can meet required response time, and have at least 35 full-time employees.

Vendor shall provide adequate equipment and personnel to complete the tasks in a timely and professional manner. Vendor must include a list of equipment available for use for the Kentucky State Fair Board contract.

Contractor shall have, at a minimum, four (4) riding mowers, six (6) string trimmers, Four (4) blowers two (2) chemical applicators, one (1) bush hog mower, one (1) fertilizer/seed spreader, one (1) aerator, one (1) tiller/soil conditioner, two (2) certified applicators, one (1) skid steer with snow plow/pusher/bucket for snow removal and Salt application equipment.

Contractor shall provide proof of insurance for with a minimum coverage of:

$1,000,000 of Pollution Liability Insurance.

$1,000,000 of General Liability Insurance.

$1,000,000 of Personal injury Insurance.

If the Contractor refuses or fails to comply with certain requirements of the specifications noted below, there shall be deductions from monies due the contractor as agreed liquidated damages, the sums set forth herein until the services are completed:

1. Not removing fallen branches and limbs, etc. from areas to be mowed before mowing, the sum of $75.00 per acre per calendar day;

2. Not mowing and trimming ditches, flower beds, roadways or other designated areas the sum of $75.00 per calendar day;

3. Not responding to corrective action when informed by KSFB within 18 hours of verbal notification, the sum of $75.00 per calendar day until corrective action is taken.

The agreed upon liquidated damages shall be deducted from any payments due to the Contractor under the terms of this contract. If no payments are due to the Contractor as a result of the termination or expiration of this contract, Contractor agrees to make payment in full upon 20 days of presentation of invoice from KSFB. Nothing in this section shall act as a waiver for KSFB to enforce any other rights available in law or equity.

KSFB will provide a tentative schedule of what and when all services will need to be performed. Weather related conditions that prohibit scheduled services must be rescheduled as soon as the weather and/or the KSFB schedule permits. Contractor will be required to check in with the KEC Grounds Department to start work each day as scheduled.

Contractor shall control the conduct, demeanor and appearance of its employees and representatives as to promote a positive representation of the KSFB. Contractor must provide sufficient supervision of their employees while performing their job duties on KEC property. Contractor must also guarantee that their employees are trained on safe handling of all their equipment.

Contractor shall be responsible for providing their personnel uniform shirts, (these can be polos or t-shirts), with their logo on them, equipment and any personal protection equipment required in the performance of contract.

Except as otherwise specifically provided in the contract, Contractor shall not subcontract any part of the work.

All quantities are estimates only and not to be taken as guarantee.

Contractor to invoice KSFB Quarterly after work has started Site visits of both facilities KEC and KICC are suggested but not required.

Contact at KEC is Bill Murray – 502-367-5120 Contact at KICC is Chris Shinkle – 502-595-3155

All prices are to be entered on Attachment J Bid Price Sheet. Extended Descriptions for each Commodity Line Item follow.

Commodity Line 1: Mowing and Landscaping Services Mowing of Lawns – Weekly at KEC Contractor to supply adequate personnel and equipment to complete each scheduled mowing task within 24 hours after arrival on site. Contractor might be required to arrive as early as 5 a.m. during special events to make sure they are off site by the time events start.

All lawns (approx. 79.4 acres) shall be mowed weekly. Starting date to be approximately the first week of April to the end of growing season. See Attachments D and E for weekly mowing maps.

All lawns shall be maintained by mowing to a height of not less than 3 inches or no more than 4 inches. Weather or event contracts could affect required height.

Contractor shall vary mowing direction, when possible, to prevent tracking of turf.

All mowing equipment shall provide a clean, sharp cut. Clippings shall be of a size that no grass deposits can be seen lying on top of turf. Grass accumulating on top of lawns shall be collected and disposed of at The West Wing transfer station. Clippings shall be discharged away from landscape beds and tree rings. Mowing shall not occur when grass or soil is excessively wet. Clippings shall not be left on pavements or sidewalks.

Areas to be trimmed shall be of the same height of cut as surrounding area by mowing equipment. All lawn areas adjacent to sidewalks and curbs shall be edged by means of appropriate mechanical edging equipment. String trimmers with edging attachments and/or dedicated edging equipment are acceptable. Final cut will occur at the end of the growing season as determined by the stoppage of growth of leaf blades and contingent upon weather.

Contractor agrees to repair or replace, at KSFB’s discretion, any damaged trees, shrubs, plants, sprinkler heads or any other property damaged by Contractor or its employees.

Contractor shall use best husbandry practices from a horticultural or lawncare perspective when mowing. Contractor shall take note of any issues that may arise such as dollar spot infestation in the turf or bagworms in the trees and take steps to cure such issues.

Commodity Line 2: Sod Bidders are to submit a price for sod including installation per square foot.

Commodity Line 3: Mowing Outer Lots and Trimming Additional price to perform mowing of the outer lots, extra service not included in Commodity Line Item 1 above, at the discretion of the KEC Grounds Supervisor or Designee as needed. KEC will contact vendor if weekly mowing is needed. The contractor to provide all labor and equipment necessary to perform this task if ordered by KEC. Height of the grass to be three (3) to four (4) inches. Due to events, the schedule and grass height may be changed (Approx. 63 acres). Contractor to trim areas around trees, signpost, shrubs, fences, etc. They must be trimmed to the same height of the cut of the rest of the grass areas.

Contractor to supply adequate personnel and equipment to complete each scheduled mowing task within 24 hours after arrival on site. It is anticipated the Contractor will mow the outer lots at KEC every 3rd week estimated starting the first of approximately April of each year to the end of the growing season at the height of 4 inches to 5 inches. Due to events, the schedule and grass height may be changed (Approx. 63 acres). See Attachment F for 3 week mowing map.

Commodity Line 4: Weed Control at KEC Contractor to supply adequate personnel and equipment to complete each scheduled weed control task within 12 hours after arrival on site. Contractor to provide and apply a weed killer to all landscape plantings in beds and trees. Chemicals used must get prior approval from KSFB Grounds Department and must be applied according to the manufacturer’s instructions. Schedule for turf application will be provided by KSFB Grounds Department or their designee. All areas must be fertilized and treated for broadleaf weeds by approximately May 1st. Areas that have been treated must have signs or placards, provided by Contractor, to indicate such. All growth which emerges in or on asphalt surfaces or sidewalks shall be removed by chemical means by Contractor.

Hard surface chemical weed control shall contain a non-staining, water soluble dye. All Chain link fence line shall be treated to prevent plant growth. Exception is the Cemetery lot in L lot, and this will be mechanically trimmed by Contractor. Absolutely no soil sterilant may be used.

Commodity Line 5: Fertilization at KEC Contractor to supply adequate personnel, fertilizer and equipment to complete each Fertilization tasks within 36 hours after arrival on site. Contractor to provide commercial grade granular fertilizer containing a 19-19-19 fertilizer formulation or equal. Contractor to apply to primary turf approx. 79 acres, as approved by the KSFB, to provide a total of three pounds of actual nitrogen per 1000 square feet or 700 pounds per acre. Soil analysis as determined by KSFB could change the application rate and requested fertilizer. The KSFB must approve the fertilizer material prior to its use. Task is anticipated to occur twice a year and will be at the discretion of the KEC Grounds Supervisor or Designee.

Commodity Line 6: Pruning of Trees and Shrubs at KEC Contractor to supply adequate personnel and equipment to complete the Pruning of Trees and Shrubs tasks as scheduled by KEC at the discretion of KEC Grounds Supervisor or Designee. Ornamental shrubs, including shrub roses, should be hand pruned and/or sheared throughout the growing season to ensure a professionally maintained appearance. Pruning may include, but not limited to, size reduction, size maintenance, removal of damaged, diseased, and/or dead branches, etc. No clippings shall remain in plants or beds. At the end of the growing season, contractor shall cut back all ornamental grasses and plants. Trees: Ornamental and shade trees up to 15 feet shall be pruned as necessary throughout the growing season to ensure a uniform professionally maintained appearance. Contractor shall be responsible for any pruning necessary that can be reached from the ground using hand pruners, pruning saws, pole pruners, etc. The pruning objectives should include removal of damaged, diseased, and/or dead branches, removal of crossing and rubbing branches, climbing up of lower branches, etc. Contractor shall raise hanging branches that present a hazard to pedestrians or vehicular traffic to preserve the natural character of the tree.

Groundcovers should be kept pruned throughout the growing season on a regular basis to ensure a uniform professionally maintained appearance. Contractor must sterilize pruning equipment when required. Proper pruning practices as outlined by the international Society of Arboriculture, must be followed whenever pruning takes place.

All debris may be dumped at the West Wing transfer station or KICC compactor.

Commodity Line 7: Mulching at KEC at KICC Contractor to supply adequate personnel, mulch and equipment to complete the following specifications and complete the task within 36 hours after arrival on site. All existing mulched areas to be top-dressed with a fresh layer of mulch at least twice per season or as needed. The mulch shall be applied in an even layer out to the edge of the bed, mulched ring, etc. There should be no volcano or doughnut-shaped, thick ring of mulch applied around trees. Undesirable vegetation (i.e. weeds, leaf litter, etc.) should be removed from beds prior to mulching. The total thickness of the mulch layer may not exceed 3 inches. Contractor must never place mulch against the base of the plant material. Contractor is to create a well-defined edge, approved by KSFB, around all beds and tree rings and done prior to mulching. The Contractor is to provide and install a high quality, double processed wood shredded mulch, color to be dark brown and this mulch is to be approved by the KSFB in advance. Contractor to remove any large pieces of wood from mulch beds. Approximately 600 yards of mulch is needed for KEC and 20 yards at KICC. KICC has two areas that are approximately 10 yards at each location. In cases where the layer of mulch in a landscape bed may wear thin due to excessive rainfall, mower damage, etc., exposing bare soil during the growing season, Contractor shall add some additional mulch to freshen its appearance and to maintain all landscaped beds in a neatly mulched condition. Contractor will be required, but not limited to, checking all mulched beds to be sure they are being maintained in a weed-free condition and checking/removing trunk suckers. This work is anticipated to be done at the first of the mowing season and in early August, two times per season. Contractor must guarantee that all landscape beds within common areas will remain absolutely weed-free.

Commodity Line 8: Weeding, Seeding and Renovation of grass/turf areas at KEC Contractor to provide all labor and equipment necessary for soil preparation and seeding of grasses as directed by KEC. Contractor install a certified tall fescue turf and straw for completion of the seeding work as designated by KEC. Seeding and lawn prep will be required on a seasonal basis at least two times per year as directed by KEC Grounds Director or Designee. Contractor will also be responsible to renovate front lawns, B, & C or any other lots due to vehicular, show or equipment damage.

Commodity Line 9: Seasonal Change-Outs of Plant Materials Contractor to provide all labor and equipment necessary seasonal changeouts of plant materials at KEC for new planting areas, and Spring and Fall changeouts for designated areas around KEC that include, but are not limited to, the Board lot, Fountain area, and light bulb area as marked on map and hanging baskets for Freedom Hall, North Wing, South A & B porch. Estimated quantity of 50. KEC will water daily depending on weather. To be delivered in spring once threat of frost is gone. See Attachment G for the seasonal planting map.

Commodity Line 10: Irrigation System at KEC Contractor to provide all labor and equipment necessary for maintenance of the irrigation system at KEC.

Spring start-up of irrigation system to include, but not be limited to, checking for leaks and ensure operation of all irrigation zones and heads.

Fall shut down of irrigation system to include but not be limited to, winterization to prevent freeze up during cold weather. Contractor to make sure that the scheduling of the timers do not interfere with event calendar to be provided 30 days out from KEC.

Task to be done at the discretion of KEC Grounds Supervisor or Designee.

Commodity Line 11: Spring Clean-Up Contractor to supply adequate personnel and equipment to complete this task within 24 hours after arrival on site. Anticipated be a one-time task per year.

All lawn and ground cover are to be cleaned of accumulated winter debris. All waste material is to be removed and disposed of at the West Wing transfer station at KEC or Compactor at KICC.

Removal of limbs, branches and any other trash that has accumulated on the lawn areas.

Contractor will be notified of spring clean-up required completion date each year, normally prior to Derby annually

Commodity Line 12: Fall Clean-Up at KEC Contractor to provide all labor and equipment necessary to perform Fall Cleanup at the KEC which includes but is not limited to the following tasks:

• Removal of all leaves from areas designated by KEC. Leaves may be removed by hand raking, powered blowers, vacuums or other turf equipment. Leaves in turf areas may be cut with a mower with mulching blades.

• At the end of the growing season, all perennial flowers, depending on the species, must be cut back after a hard freeze either to ground level or in some cases, down to a lower set/rosette of leaves based on best maintenance practices.

• Contractor is to remove any downed limbs and branches.

• Contractor is to remove any trash on lawn areas while performing this task.

• KEC will instruct Contractor on proper and needed services.

• All debris can be disposed of at the West Wing transfer station.

Anticipated to be a one-time task per year.

Commodity Line 13: Snow Removal as needed Contractor to provide snow removal equipment and labor for the sidewalk and pedestrian entrances around KEC & KICC to include parking garages and 40 space parking lot at KICC. Contractor must use ice melt products that are less harmful to concrete and plant material. See Attachments H and I for maps.

Section 3 Purpose The purpose of this solicitation is to request vendor responses in order to provide these items under contract to agencies as needed.

Section 4 General This solicitation specifies requested items. It is not the intention of this solicitation to eliminate vendors or manufacturers of similar or equal equipment of the types specified.

It should be noted, however, that these requested items are written around specific needs of State agencies. The Commonwealth reserves the right to consider bids non-responsive if they do not comply with the specifications contained herein.

Section 5 Initial Contract Period The contract established from this solicitation shall be for the initial period beginning 4- 25-2022 and running through 12-31-2022.

Section 6 Renewal Clause – Optional Renewal Period This contract 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 by all parties. If the contract resulting from this solicitation provides for an optional renewal period, 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.

Section 7 Exceptions to Specifications Vendors are cautioned that changes made to the solicitation other than in the designated fields for response shall render the response invalid and result in a non-responsive bid. Otherwise, it will be considered that items/services offered are in strict compliance with these specifications, and the successful bidder shall be held responsible for delivering materials/services that meet these specifications. Any exceptions shall be marked as such within the body of the bid and explained on a separate page. The Commonwealth is not bound to accept any exceptions.

Section 8 Alternate Brands/Specifications Unless otherwise specified, brands and specifications referenced in this solicitation are meant to establish a minimum standard of quality only. Bidders may bid brands/specifications they consider to be equal by specifying the brand(s)/specifications and inserting the brand name(s), model number(s), etc. on which they are bidding. Bids offering “equal” products/specifications will be considered for award if such products are clearly identified in the bid and are determined by the State to meet or exceed fully the minimum essential specifications and salient characteristics referenced in the Solicitation. Bids that contain products/specifications that fail to meet the minimum essential requirements shall be deemed non-responsive.

Bidders who propose alternate brands/specifications should enclose descriptive literature with their bids so that the equality can be verified. Failure to enclose sufficient literature may result in a non-responsive bid. If the brands are not changed, the contract will be written accordingly and the successful bidder shall be required to deliver the brands/specifications stated in the solicitation.

Section 9 Recycle Requirements Prospective bidders are required to comply with Recycle Requirements for the purchase of goods, supplies, equipment, materials and printing with a minimum recycled content to the extent practicable per 200 KAR 5:330. This regulation can be viewed on the Internet at https://apps.legislature.ky.gov/law/kar/200/005/330.pdf

Section 10 Acknowledgment of Addenda It is the vendor's responsibility to check the web site for any modifications to this solicitation. Electronic Bid submittal is the vendor’s agreement to be bound by the terms of all addenda issued.

Section 11 Agencies to be Served This contract shall be for use by the following agency of the Commonwealth of Kentucky:

Kentucky State Fair Board

Extending the Contract Use to Other Agencies The Office of Procurement Services reserves the right, with the consent of the vendor, to offer the Master Agreement resulting from this solicitation to other State agencies requiring the product(s) or service(s).

Section 12 Solicitation Submission Requirements https://apps.legislature.ky.gov/law/kar/200/005/330.pdf

Paper Bids are NOT acceptable for this RFB and shall be considered non-responsive.

Section 13 Method of Award Best Value – Ranking Approach The Commonwealth intends to award a contract to the vendor, whose offer, conforming to the solicitation, is the most advantageous on the basis of "best value" for all products, services, and requirements contained herein.

An evaluation committee, or a designated individual, will evaluate the information provided by the vendor in response to the established measurable criteria contained in the solicitation.

Measurable Criteria:

Price 90 Points Experience 10 Points

List of Equipment Pass/Fail

TOTAL POINTS 100 Points

Each vendor is responsible for submitting all relevant, factual and correct information with their offer to enable the evaluator(s) to afford each vendor the maximum score based on the available data submitted by the Vendor.

A bidder shall submit one (1) response to a solicitation and shall not propose more than one (1) model/brand for each item listed in the solicitation, except for requested tier pricing. Multiple or alternate bids offering more than one (1) bid price in total or by line item shall be rejected.

Vendors responding with the minimum Best Value requirements in this solicitation shall not be credited with Best Value points. Vendors responding with greater than the minimum requirements shall receive Best Value points. Failure to provide adequate information will impact the evaluated points awarded to the vendor.

A. PRICE (90 points)

The bidder with the lowest Price receives the maximum score. The bidder with the next lowest Price receives points by dividing the lowest Price by the next lowest price and multiplying that percentage by the available points. For example, 80 points is allocated to the lowest Price criteria for this procurement, bidder “A” bids $3.00 as the lowest bidder and receives the maximum 90 points ($3.00 / $3.00 = 1.00 x 90 = 90). Assume bidder “B” is the next lowest bidder at $4.00, then “B” receives 67.5 points ($3.00 / $4.00) = .75 x 90 = 67.5).

B. EXPERIENCE (10 points)

Five (5) years of experience is the minimum requirement for this criterion. Points are only given to bidders who exceed the five (5) year requirement. The bidder with the greatest number of years of experience (not to exceed 50 years for evaluation purposes) receives the maximum number of points. The bidder with the next largest number of years of experience, receives points by dividing the next largest number of years of experience by the largest number of years of experience and multiplying that percentage by the available points. For example, 10 points is allocated to the largest number of years of experience, over five (5) years, for this procurement, bidder “A” bids 20 years as the bidder with the largest number of years of experience and receives the maximum of 10 points (20 / 20 = 1.00 x 10 = 10). Assume bidder “B” is the bidder with the next largest number of years of experience at 15 years, then “B” receives 7.5 points (15 / 20) = .75 x 10 = 7.5).

By submitting a bid in response to this solicitation the vendor is confirming they have at least the minimum required experience. The Commonwealth reserves the right to require documentation verifying the number of years of experience. Experience should only include experience within the United States.

Vendor should enter the number of years of experience on Attachment J Bid Price Sheet.

C. LIST OF EQUIPMENT (Pass/Fail) Bidders must include a list of equipment to be used for mowing, landscaping, and snow removal. The Contractor shall have, at a minimum, four (4) riding mowers, six

(6) string trimmers, Four (4) blowers two (2) chemical applicators, one (1) bush hog mower, one (1) fertilizer/seed spreader, one (1) aerator, one (1) tiller/soil conditioner, two (2) certified applicators, one (1) skid steer with snow plow/pusher/bucket for snow removal and Salt application equipment. Bids that do not include a list of equipment meeting this minimum requirement shall be deemed non-responsive and ineligible for award.

Best Value scoring 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 Annual Affidavit for Bidders, Offerors, and Contractors Claiming Resident Bidder Status, unless a valid, Annual Affidavit is already on file with the Commonwealth. 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.

Preferences for a Qualified Bidder or the Department of Corrections, Division of Prison Industries

(KAR 200 5:410).

Pursuant to 200 KAR 5:410, and KRS 45A.470, Kentucky Correctional Industries will receive a preference equal to twenty (20) percent of the maximum points awarded to a bidder in a solicitation. In addition, the following “qualified bidders” will receive a preference equal to fifteen (15) percent of the maximum points awarded to a bidder in a solicitation: Kentucky Industries for the Blind, any nonprofit corporation that furthers the purposes of KRS Chapter 163 and any qualified nonprofit agencies for individuals with severe disabilities as defined in KRS 45A.465(3). Other than Kentucky Industries for the Blind, a bidder claiming “qualified bidder” status shall submit along with its response to the solicitation a notarized annual affidavit, which affirms that it meets the requirements to be considered a qualified bidder- annual affidavit form included. The annual affidavit form is not required if a valid, annual affidavit is already on file with the Commonwealth. If requested, failure to provide documentation to a public agency proving qualified bidder status may result in disqualification of the bidder or contract termination.

Past Vendor Performance may be considered in the award of this Contract.

Vendors with a record of poor performance in the last 12 months may be found non-responsible and ineligible for award.

Section 14 Tax Exempt Status Do not include Federal Excise Tax, Kentucky Sales or Use Tax in prices quoted in response to this solicitation.

Section 15 Basis of Price Revisions PRICE ADJUSTMENTS: Unless otherwise specified, the prices established by the contract resulting from this solicitation shall remain firm for the contract period subject to the following:

A: Price Increases: A price increase shall not occur during the first twelve (12) months of the contract. A vendor may request a price increase after twelve (12) months of the contract, which may be granted or denied by the Commonwealth. Any such price increase shall 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 Office of Procurement Services 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 Office of Procurement Services.

Provided, however, that 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 Office of Procurement Services 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 in Paragraph A “Price Increases” as stated above.

Section 16 Vendor Terms and Conditions Solicitation or quotation forms that include terms and conditions not in conformity with the terms and conditions of this solicitation or the Statutes of the Commonwealth of Kentucky may be deemed non-responsive.

The Commonwealth of Kentucky shall not be bound by any part(s) of the bidder’s response to this solicitation that contains information, options, conditions, terms, or prices neither requested nor required in the solicitation. In the event of any conflicts between the specifications, terms and conditions indicated by the Commonwealth and those indicated by the contractor, those of the Commonwealth take precedence. The contract supersedes all bids or other prior agreements, oral or written, and all other communications between the parties relating to this subject.

Section 17 Post Contract Agreements

The resulting contract shall constitute the entire agreement between the State and awarded contractor. Unless contractually provided, State agencies utilizing this contract will not be required to enter into nor sign further agreements, leases, company orders or other documents to complete or initiate the terms of a contract resulting from this solicitation or offer. Any such documents so obtained will be non-binding on the State and agents of the State and will be cause for breach of contract.

Section 18 Equipment Does not apply.

Section 19 Quantity Basis of Contract – Estimated Quantities 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.

Section 20 Manuals and Distribution of Literature Does not apply.

Section 21 Vendor’s Report The vendor(s) may be asked to furnish the buyer, Office of Procurement Services, 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 Office of Procurement Services.

Section 22 FOB Basis of Shipment – Vendor Responsible Quotations of unit prices on this solicitation shall be F.O.B. Destination Freight Prepaid and Allowed. The vendor shall be fully responsible for all shipments and freight charges involved to the ordering agency.

Section 23 Cancellation Clause – 30 Days Notice The Commonwealth may cancel the contract established from this solicitation by giving written notice thirty (30) days prior to effective cancellation date. In the event such action is taken, the contract shall be null and void upon receipt of a Modification from the Office of Procurement Services canceling the contract.

Section 24

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 contract for large requirements by using a separate solicitation.

Section 25 Service Performance All services performed under this contract, if applicable, shall be in accordance with the terms and provisions 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.

Major deviations of services performed will not be made without the written approval of the Office of Procurement Services. Problems that arise under any aspect of performance should first be resolved between the vendor and the agency. Either party should refer in writing any such problems and/or disagreements that cannot be resolved to the Office of Procurement Services for settlement.

Section 26 Addition or Deletion of Items or Services The Office of Procurement Services reserves the right to add new and similar items, with the consent of the vendor, to any contract awarded from this solicitation. The Office of Procurement Services to effect this change will issue a contract 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.

Section 27 Agreement between Parties By submitting a bid, the bidder acknowledges and agrees to be bound by the terms and conditions of the solicitation.

The bidder agrees that a resulting contract is the complete and exclusive statement of the agreement between the parties, which supersedes all prior agreements, oral or written, and all other communications between the parties relating to the subject matter of this solicitation. It is further agreed between the parties, that any valid modification of contractual agreement must be formalized by issuance of a Contract Modification from the Office of Procurement Services.

Purchase or Sales Agreements, supplied by the bidder making an offer, in reply to the solicitation, will not be accepted. The only terms and conditions acceptable to the Commonwealth of Kentucky are as outlined in the solicitation. Bids not conforming will be considered as non-responsive.

Section 28 Governmental Restrictions In the event any Governmental restrictions may be imposed which would necessitate alteration of the material, quality, workmanship, or performance of the items offered on this proposal prior to delivery, it shall be the responsibility of the successful bidder to notify the Office of Procurement Services in writing, indicating the specific regulation which requires such alterations. The Commonwealth reserves the right to accept any such alterations, including any subsequent price adjustments, or to cancel the contract.

Section 29 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 or a vendor’s invoice in accordance with KRS 45.453 and KRS 45.454.

Section 30 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.

Section 31 Inquiries All questions shall be submitted in writing by 10:00 AM, ET on 3-24-2022 to the Commonwealth buyer listed below. No questions shall be accepted after the date(s) listed unless the question(s) is considered material to the procurement. The Commonwealth shall respond to salient questions in writing by issuing an addendum to the solicitation. The addendum shall be posted to the Kentucky Vendor Self Service site.

(SUBMIT QUESTIONS VIA EMAIL TO THE COMMONWEALTH BUYER)

Sole Point of Contact – Commonwealth Buyer The Commonwealth Buyer listed 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 addressed to:

Commonwealth Buyer Keith Srutowski

COMMONWEALTH OF KENTUCKY

FINANCE AND ADMINISTRATION CABINET

Office of Procurement Services 200 MERO STREET, 5th FLOOR

FRANKFORT KY 40622

(502) 564-7007 keith.srutowski@ky.gov

Restrictions on Communications From the issue date of this solicitation until a contractor(s) is selected and the selection is announced, offerors are not allowed to communicate with any Commonwealth Staff concerning this solicitation except:

• The Commonwealth Buyer cited in this solicitation

• Via written questions submitted to the Commonwealth Buyer

Potential bidders should clearly understand that any verbal representatives made or assumed to be made during any oral discussions held between representatives of potential bidders and any state employee or official are not binding on the Commonwealth of Kentucky.

For violation of this provision, the Commonwealth shall reserve the right to disqualify the bid/proposal.

Section 32 Subcontracts The contractor is permitted to make subcontract(s) with any other party for furnishing any of the work or services herein. The contractor 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 contractor shall be construed to encompass both the contractor and any subcontractors of the contractor.

Section 33 Federal Tax Exempt Purchases by the Commonwealth of Kentucky Contracts Direct With Manufacturer: In the event a manufacturer bids direct and is awarded a contract, the Office of Procurement Services shall request the contractor to furnish evidence of registration with the U.S. Internal Revenue Service. This registration shall be in accordance with the “Temporary Rules, 1958 Excise Tax Act”. After such registration, individual Excise Tax Exemption Certificates are not necessary on each individual order issued against the contract by the Office of Procurement Services.

Therefore, quoted prices must be exclusive of Federal Excise Taxes.

Contract With Other Than Manufacturer: If successful bidder is other than the manufacturer, the Office of Procurement Services will furnish a Tax Exemption Certificate with each individual order issued against this contract.