Final_RFB_605_1900000304_3_SO_FORM.PDF

Document ID: RFB 605 1900000304 Page: 1 of 3

Commonwealth of Kentucky

SOLICITATION MODIFICATION

Addenda: Yes Addenda #: 3

TITLE: Grave Relocation Gallatin Co

Date Issued:

11/14/18 Record Date:

2018-11-14

Solicitation Closes Date:

11/27/18 Time:

10:00

Solicitation No:

RFB 605 1900000304

Online Bidding Prohibited: Yes

For Information Call:

Amanda Lewis 502-782-4003

Bid Receiving Location:

KYTC Division of Purchases Bid Clerk 200 Mero Street 4th Floor Frankfort KY 40622

Vendor Customer Number:

Vendor Name:

Phone Number:

Fax Number:

Email Address:

Ordering

Address:

City, State, Zip:

Contact Name:

Contact Email:

Contact Phone Number:

Payment

Address:

City, State, Zip:

Contact Name:

Contact Email:

Contact Phone Number:

Ownership Type

__ Sole Proprietorship __ Partnership __ Corporation __ Other_________________________

SIGNATURE OF AUTHORIZED AGENT IS REQUIRED UNLESS RESPONSE

IS SUBMITTED ELECTRONICALLY. FAILURE TO SIGN SHALL RENDER

THE BID INVALID.

Signature X_________________________________________ FEIN#____________________ Date____________

All offers subject to all terms and conditions contained in this solicitation.

Document ID: RFB 605 1900000304 Page: 2 of 3

Line Items

Commodity Group: Default Commodity Group

Line CL Description Quantity UOM Unit Cost Line Total or Contract Amnt

1 Gallatin Co, 06-202.00 Parcel 101

Comm Code Comm Description Manufacturer Model # Manuf Part #

90614 Cemeteries, Planning and Relocation, Architectural Services

Extended Description Solicitation of Human Remains, Abandoned Teen Krutz Cemetery to Warsaw Cemetery.

Shipping Information KYTC Division of Right of Way and Utilities

200 Mero Street 5th Floor Frankfort KY 40622

Billing Information KYTC Division of Right of Way and Utilities

200 Mero Street 5th Floor Frankfort KY 40622

Document ID: RFB 605 1900000304 Page: 3 of 3

Submission Checklist

The following items will be required to be submitted with bid:

Item Price

The Bid sheet calls for a reinterment container to be made of 12 gauge steel as described in Item 3 of the bid. This gauge steel is not necessary for this job since the Warsaw Cemetery requires the use of an outer burial container/vault. 20 gauge steel will be very sufficient. Please advise if this is OK or if it has to be 12 gauge steel.

A1. The reinternment cemetery has an outer burial vault the 20 gauge steel container will be sufficient.

Q1. Is the 80 square feet referred to in Item 1 of the Grave Relocation Bid Sheet 8 feet by 10 feet area which would be 80 square feet or is it 80 feet by 80 feet which would be 6400 square feet?

A1. Clear an access and a defined 80 foot x 80 foot search area. A disinterment plan sheet sketch of the area has been added as an attachment.

Vendors can use this website to view bid opportunities for the Commonwealth. Vendors with an account can update their company information (addresses, contact persons, etc.) and sign up to receive email notifications of bid opportunities. New to VSS – vendors will be able to download and print copies of contracts and view payment history. All Vendors must login to activate their account and to select the commodity code(s) associated with your business in order to receive future email notifications.

Vendors are not required to register in order to view bid opportunities, submit a bid, or to receive an award. You can use Guest Access.

If you should need assistance with logging into the new system, please contact the Finance Customer Resource Center at 877-973-4357 or Finance.CRCGroup@ky.gov.

Document Description Page 3

1900000304 Grave Relocation Gallatin Co of 40 https://emars311.ky.gov mailto:Finance.CRCGroup@ky.gov

The vendor include the following with the bid submission.

If the items below are not submitted with the bid, the Commonwealth deem the bid non-responsive and SHALL NOT be considered for award.

_____ FACE OF SOLICITATION – SIGNED (See Section 3.04)

_____ BID INFORMATION – COMPLETED

All other items be submitted prior to award.

_____ CERTIFICATE OF AUTHORITY – REGISTRATION WITH SECRETARY OF STATE

BY FOREIGN ENTITY (See Section 2.13)

_____ REQUIRED AFFIDAVIT(S) (See Attachments A, B, C, etc. as applicable)

_____ PERFORMANCE AND PAYMENT BOND

_____ INSURANCE INFORMATION

The Kentucky Transportation Cabinet Division of Purchases issues this solicitation on behalf of the Division of Right of Way and Utilities to award a one-time contract for: Grave Relocation Gallatin Co

County

Document Description Page 4

1900000304 Grave Relocation Gallatin Co of 40 http://finance.ky.gov/services/policies

Cemetery Name

Clear an access and a defined 80 foot x 80 foot search area for a cemetery site relating to a discovered gravestone. Search for graves ite(s) using trenching equipment where necessary.

Open/close restore both the disinterment and reinterment graves to level ground (seed and straw).

Provide a reinterment container, minimum of 2 0-gauge steel, small 12” deep x 18” wide x 36” long, suitable to hold contents of remains/grave stone.

Transport remains and monuments to the Warsaw Cemetery.

Provide a state specified monument /foundation of similar type, with matching inscriptions.

Set state specified monument/foundation at reinterment cemetery.

Funeral Director shall be aware if any additional graves are found additional containers will be needed.

LUMP SUM TOTAL $ ____________________

Document Description Page 5

Funeral Director's Signature Funeral Director License# Date

SPECIFICATIONS FOR RELOCATION OF HUMAN REMAINS

Pursuant to Official Order No.103980, it is necessary for the Cabinet to acquire certain rights of way in Gallatin County, Kentucky for a highway improvement project designated and identified by the Cabinet as Gallatin County, Item No. 06-202.00, Project No. FD04 CO39 6740301R, Road Name US 42 highway widening.

Construction of said project necessitates relocation of a known abandoned grave from the discovered disinterment cemetery. KRS 45A.100 and 200 KAR 5:302 authorizes the Cabinet to contract with a funeral director duly licensed under the provisions of KRS Chapter 316 for the removal and relocation of said grave.

- There is at least one gravestone to be relocated under terms of this contract, as shown on the Grave Data Sheet; there may be associated human remains. In addition, the funeral director shall search in a defined 80 foot x 80 foot area for the remains and any additional gravesites. The abandoned disinterment gravesite is located as follows:

- For the grave stone to be removed and transported, the funeral director shall provide a suitable box for transport to the Warsaw Cemetery, the minimum container size of 20 gauge steel : small 12” deep x 18” wide x 36” long.

- The funeral director shall be responsible for opening/closing/restoring the reinterment cemetery (level with sod); the searching/opening/closing/restoring of a disinterment cemetery (with seed and straw to reasonably level grade); provide device/clear and trench at disinterment site to locate any additional graves or remains; removal and transportation of any human remains, monuments or related artifacts, including the recovered grave stone of the abandoned Teen Krutz gravesite to the Warsaw Cemetery; setting monument/base at the Warsaw Cemetery. Note: Only Chris Walker and his wife are permitted to

Document Description Page 6 open/close the reinterment gravesites within the Warsaw Cemetery.

Monuments – Providing, Moving and Setting – The gravestone to be removed, shall be transported and delivered, as noted above.

Plats - The Cabinet shall provide the funeral director with a plat of the disinterment and reinterment sites.

Trenching – The vendor shall provide devices/clearing and trenching at the disinterment site. At the reinterment site, only Chris Walker is permitted to open/close the gravesite.

Special Equipment for Disinterment of Graves – The funeral director is required to provide any special equipment for clearing an access/search area, as well trenching equipment.

Funeral Director’s Responsibilities - The funeral director shall be responsible for the entire work under this contract and equipment used. The funeral director shall specifically and distinctly assume all risks of damage or injury to persons or property resulting from any action or operation under this contract, or in connection with the work and shall protect and defend the Commonwealth of Kentucky and its officers and employees against all claims on account of injury or damage.

Site Investigation - The funeral director shall inspect the site as to the nature and location of work and general and local conditions, including but not limited to transportation, availability of labor and uncertainty of weather and ground conditions. Any failure by the funeral director to inspect the site shall not relieve him/her from responsibility of properly estimating the difficulty or cost of successfully performing the work. The Cabinet assumes no responsibility for any conclusions drawn or interpretations made by the funeral director on the basis of information made available by the Cabinet, nor does the Cabinet assume responsibility for any representations made by its officers or agents unless: (1) Such representations are expressly stated in this agreement; and (2) The contract expressly provides that the responsibility is assumed by the Cabinet. All other representations or explanations shall be considered to have been only for the

Document Description Page 7 information of the funeral director.

Subcontractors - The funeral director shall have prior written approval of the Director, Division of Right of Way and Utilities, to subcontract any work pursuant to this contract. The funeral director agrees that all subcontractors are required to comply with the terms of this agreement, and that nothing in this agreement shall create a contractual relationship between any subcontractors and the Cabinet.

Materials - The funeral director agrees to furnish all equipment, labor and transportation, and perform all work necessary for completion in strict accordance with specifications contained herein, and all applicable regulations.

In consideration of the premises and the provisions hereinafter set forth, the Funeral Director agrees:

To perform the services in a professional and skillful manner and to comply with all terms, provisions and conditions of this agreement.

To remove and relocate said remains/artifacts/monuments pursuant to all applicable laws and regulations, including but not limited to KRS 381.765, 600 KAR 3:020 and 901 KAR 5:090, as well as pursuant to the grave relocation procedures and regulations outlined in the Cabinet’s Right of Way Guidance Manual.

That in performing the services contracted for herein, they will not obligate the Transportation Cabinet, nor subject them to any liability, cost or expense for any actions taken by the funeral director.

To maintain accurate files and at termination of the work, turn over these files to the Cabinet. All files shall be documented in accordance with Cabinet and applicable Federal requirements. During the proposed work, all such files will be available at reasonable times for inspection by the Cabinet and by the Federal Highway Administration, if Federal funds are utilized on any phase of the project. All records relating to this contract are subject to audit by the Cabinet or its agent.

That upon request, the funeral director’s personnel will be available to assist in responding to Federal or State inquiries and/or citations.

State Supervision - The Cabinet’s grave relocation agent shall be present during the clearing, search, disinterment, transfer and reinterment of the remains to the reinterment cemetery. The grave relocation agent shall inspect the work as it progresses in order to determine compliance with the terms of the contract. The

Document Description Page 8 presence of the grave relocation agent will in no way relieve the funeral director from his/her liabilities under this contract.

Funeral Director’s Supervision - The funeral director shall be present or be represented by a licensed funeral director during the removal and transfer of all remains. A foreman, superintendent or some other responsible representative of the funeral director shall be present during all other phases of work.

Permits - The funeral director shall have in their possession all necessary permits from federal, state, county and municipal authorities prior to performance of any work on this contract. Disinterment and reinterment permits will be secured by the Cabinet and furnished to the funeral director at the time the work order is issued.

Manner of Work – The removal and transport of the gravestone and any discovered remains/artifacts shall be accomplished in a respectful and becoming manner.

Disinterment and Reinterment Records and Reports -

The funeral director shall prepare a listing of the name of the gravestones and the general location before removal.

The Cabinet’s grave relocation agent shall prepare a Grave Data Sheet listing the name, the general location before grave stone relocation and the location by plot number after reinterment.

Disinterment – There is a recovered gravestone, broken into at least three pieces, located on the surface of the ground that shall be removed and transported to the Warsaw Cemetery. There is likely an associated gravesite, along with possible additional gravesites located within an area defined as 80 square feet, where the funeral director shall search/discover/disinter any additional monuments/relics/artifacts. The funeral director shall search with appropriate mechanical equipment, including clearing/trenching equipment. The funeral director shall provide a suitable transport container for transporting the monuments/relics/artifacts to the reinterment cemetery. The Cabinet’s grave relocation agent shall approve the size and type of each transport container(s) provided by the funeral director.

Reinterment Containers - The funeral director shall provide a reinterment container, minimum 20 gauge steel reinterment container: small dimensions 12” deep x 18” wide x 36” long for reintering the monuments/artifacts/relics. The Cabinet’s grave relocation agent shall approve the appropriate size and type of the container.

Document Description Page 9

Transporting Remains – The remains/monuments/artifacts shall be removed from the abandoned disinterment cemetery by the funeral director and placed in an appropriate transport container. The grave stone shall be transported by the funeral director to Warsaw Cemetery and received by the Warsaw Cemetery director.

Reinterment – Reinterment shall be handled by the funeral director. NOTE: Only Chris Walker and his wife are permitted to open/close the reinterment gravesite, located at the Warsaw Cemetery.

Removal of Existing Monuments and Grave Markers - The funeral director shall remove any monuments and grave markers from the disinterment gravesite and transport to the Warsaw Cemetery director, at the Warsaw Cemetery. The monuments and markers shall be reinterred along with any discovered relics/artifacts.

The funeral director shall take every precaution to protect such articles from damage during removal/transport operations and shall (at their own expense) either repair or replace, as determined by the Cabinet, any articles broken or damaged in this process.

Setting of Monuments – The funeral director shall provide and set a new reinterment grave marker for each gravesite recovered/removed from the abandoned disinterment cemetery.

The funeral director, prior to award of a contract, shall provide a performance bond to the Division of Purchases, executed by a surety company authorized to do business in Kentucky. The bond shall bind the funeral director, as principal, and the surety to performance of the contract and any changes or modifications thereto, and to payment of all costs for labor, materials, equipment, supplies, taxes and other proper charges and expenses incurred or to be incurred in performance of the contract. The bond shall be kept in full force until written notice from the Cabinet that all work is completed.

(a) Contract Amount Exceeds $ 20,000 - The bond shall be in a penal sum equal to one hundred percent (100%) of the contract price, as it may be increased.

(b) Contract Amount is $ 20,000 or Less - The bond shall be in the penal sum of Twenty Thousand Dollars ($ 20,000).

The bond shall incorporate by reference the terms of the contract as fully as though

Document Description Page 10 they were set forth verbatim in such bonds.

The successful bidder shall be responsible for maintaining this coverage through the entire contract term:

1. Contractor’s General Liability Insurance with limits of liability of $1,000,000.00 per occurrence.

2. Kentucky worker's compensation insurance in accordance with the requirements of KRS 45A.480 and KRS Chapter 342.

The successful bidder shall furnish an ACORD Certificate within ten (10) days of notice of intent to award with:

A. The certificate holder listed as:

Kentucky Transportation Cabinet Division of Purchases 4th Floor East 200 Mero Street Frankfort, KY 40622

B. The Endorsement indicating the Commonwealth and its agents as an Additional Insured for the contract resulting from this solicitation.

C. The contract number in the Description of Operations box.

Failure to furnish said certificates or to indicate the contract number shall be grounds for cancellation of the contract.

The successful bidder shall provide an up-to-date copy of the certificate upon renewal of the policy. Failure to do so shall result in cancellation of the contract.

The insurance shall be endorsed to state that coverage shall not be suspended, voided, cancelled by either party, reduced in coverage limits, except after thirty (30) days prior written notice by certified mail, return receipt requested, has been given to the agencies.

The insurance coverage shall be in compliance with the laws of the Commonwealth of Kentucky and shall be placed with a licensed resident or non-resident agent who represents insurance companies authorized to do business in Kentucky. A list of authorized companies can be found at http://insurance.ky.gov/company. Failure to

Document Description Page 11 http://insurance.ky.gov/company meet this requirement may result in the bid being deemed non-responsive.

The insurer shall have an AM Best rating of B+ or higher. Visit www.ambest.com for verification. Failure to meet this requirement may result in the bid being deemed non-responsive.

The funeral director at all times shall be diligent in protecting all employees and subcontractors from accidents and comply with all applicable provisions of federal, state, and municipal safety laws to prevent accidents or injury to persons on, about, or adjacent to the premises where the work is being performed. Failure to do so will result in the Grave Relocation Agent stopping all work until corrective measures are taken.

The funeral director shall be responsible for protection of materials, equipment, work, existing structures, utilities and vegetation. The Contractor shall preserve and protect all existing vegetation such as trees, shrubs, grass and existing structures on or adjacent to the site which do not unreasonably interfere with the construction as may be determined by the Grave Relocation Agent. The funeral director shall ensure that all applicable environmental requirements are met per the Agent. The funeral director is liable for and shall replace or restore (at their own expense) any item damaged or destroyed during work.

The funeral director shall at all times keep work areas free from accumulated waste.

At the conclusion of each day's work, excavations shall be filled and returned to natural ground elevations. Upon completion of work, the funeral director shall remove all rubbish, tools, equipment, and materials, and shall leave all work areas in a neat and clean condition that is satisfactory to the Grave Relocation Agent.

The funeral director shall provide and maintain in a neat and sanitary condition, accommodations for employees and subcontractors, and shall commit no public nuisance.

The funeral director shall not commence any billable work until a valid Contract has been fully executed. The Contract shall represent the entire agreement between the parties. Prior negotiations, representations, or agreements, either written or oral, Document Description Page 12 http://www.ambest.com between the parties hereto relating to the subject matter hereof shall be of no effect upon this Contract.

Within five (5) days after being authorized to commence work, the funeral director shall prepare and submit a schedule showing the order and dates in which they propose to carry out the work to the Division of Right of Way and Utilities. All graves shall be removed from disinterment cemetery and reinterned according to grave data sheet within 10 days of receipt of work order.

The Commonwealth’s acceptance of the offer indicated by the issuance of a Contract Award by the KYTC Division of Purchases shall create a valid Contract between the Parties consisting of the following:

1. The written Contract between the Parties;

2. Any Addenda to the Solicitation;

3. Any provisions of the Solicitation and all attachments thereto;

4. The Bidder’s response to the Solicitation, and

5. The Kentucky Revised Statutes KRS 45A.

In the event of an inconsistency between provisions of the solicitation, the inconsistency shall be resolved by giving precedence in the following order: (a) the Specifications; (b) other provisions of the Solicitation, whether incorporated by reference or otherwise; (c) Contract or Master Agreement Terms and Conditions; (d) FAP 110-10-00 – General Conditions and Instructions for Solicitations and Contracts.

During the period of the contract, a modification shall not be permitted in any of its conditions and specifications, unless the contractor receives electronic or written approval from the KYTC Division of Purchases. If the contractor finds at any time that existing conditions make modification in requirements necessary, the contractor shall report the matter promptly to the KYTC Division of Purchases for consideration and decision. All contract modifications shall be subject to the provisions of 200 KAR 5:311.

Quotations of unit pries on this solicitation shall be F.O.B. Destination to the receiving agency. The vendor shall be fully responsible for all shipments and freight charges involved to the ordering agency. The responsibility for filing freight claims lies with the vendor.

Document Description Page 13

The Division of Purchases Buyer identified 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 submitted to:

Amanda Lewis Division of Purchases Kentucky Transportation Cabinet Phone: 502-564-4630 E-mail: Amanda.Lewis2@ky.gov

From the issue date of this solicitation until a Contractor(s) is selected and the selection is announced, Offerors are not permitted to communicate with any Commonwealth staff concerning this solicitation

After the award of a contract, all programmatic communications are to be made to the Agency Contact Person identified in the contract document with a copy to the Division of Purchases Buyer.

After the Award of a contract, all communications of a contractual or legal nature are to be made to the KYTC Division of Purchases Buyer.

All work (weather permitting) shall be completed no later than thirty (30) days after the date that notification to commence work is received. All remains are to be relocated, all graves satisfactorily compacted, disinterment sites leveled, reinterment sites landscaped and all monuments erected within the specified time.

In case of bad weather, the funeral director may submit a written request for an extension of time to complete the work to the Division of Right of Way and Utilities.

Failure on the part of the funeral director to complete the work within this time schedule (or any written extensions thereof) will result in payment of liquidated damages in the sum of one hundred dollars ($100) per calendar day until the work is completed or accepted and a written release is issued by the Cabinet.

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

Document Description Page 14 mailto:Amanda.Lewis2@ky.gov 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.

Invoices, if required, shall be prepared and transmitted to the agency receiving the goods or services. One copy shall be marked "original" unless otherwise specified.

Each invoice shall contain at least the following information:

a. Contract and order number;

b. Item numbers;

c. Description of supplies or services;

d. Sizes;

e. Quantities

f. Unit prices; and

g. Extended totals.

Ninety percent (90%) of the amount payable to the funeral director shall be paid when the work is completed. The final ten percent (10%) shall be paid upon determination by the Grave Relocation Agent that all work performed under this contract is satisfactory, and that no property damage has occurred, or that any such damage has been remedied. The Grave Relocation Agent shall make such determination within a reasonable time after completion of the work, (No longer than one hundred-eighty (180) days). The funeral director agrees within a reasonable time to remedy any work performed under this agreement if such work is determined by the Agent to be unsatisfactory. It is understood and agreed by the parties that the amount withheld by the Cabinet pursuant hereto will be forfeited if the funeral director does not remedy unsatisfactory work within a reasonable time after notice.

- Payment for disinterment, containers, and reinterment according to the terms of this contract shall be measured as follows:

Disinterment - All work in connection with opening and back filling the disinterment grave shall be considered one unit and shall be paid for at the rates specified in the bid. Graves containing more than one remains (even though boxed separately) will be considered one grave.

Reinterment Container - Each reinterment container used shall be paid for at the rates specified in the bid.

Document Description Page 15

Vaults and Concrete Boxes - Each vault or concrete box used shall be paid for at the rates specified in the bid.

Reinterment - All work connected with the opening and the filling of each reinterment site shall be considered as one unit and paid for at the rates specified in the bid. Where the remains of two separately boxed graves are reinterred in one grave, they shall be considered one unit for reinterment purposes.

Measurement and Payment for Monuments and Markers - All monuments and markers either moved and reset, or provided and set, shall be paid for at the rates specified in the bid.

It is understood that the Cabinet will make payment directly to the reinterment cemeteries, as required, for reinterment gravesites, and the cost thereof shall not be deducted from any amount payable to the funeral director under this agreement.

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

The Kentucky General Assembly may allow for a reduction in contract worker hours in conjunction with a budget balancing measure for some professional and non-professional service contracts. If under such authority the agency is required by Executive Order or otherwise to reduce contract hours, the contract will be reduced by the amount specified in that document. The reduction of hours may be applicable to those contract workers that provide a service in state government buildings on a regularly scheduled basis, such as janitorial, security guard, mailing services, and food services. These services will be reduced in hours only in those circumstances where the buildings will be closed. A notification will be sent to the contract holder in advance of any scheduled reduction in contract hours.

A contract may be terminated for default by the vendor, for the convenience of the Commonwealth, or for lack of appropriation in accordance with 200 KAR 5:312.

Document Description Page 16

The Contractor shall not refer to the Award of Contract in commercial advertising in such a manner as to state or imply that the firm or its services are endorsed or preferred by the Commonwealth of Kentucky.

Pursuant to KRS 45A.480(1)(b), an agency, department, office, or political subdivision of the Commonwealth of Kentucky shall not award a state contract to a person that is a foreign entity required by KRS 14A.9-010 to obtain a certificate of authority to transact business in the Commonwealth (“certificate”) from the Secretary of State under KRS 14A.9-030.

For all foreign entities required to obtain a certificate of authority to transact business in the Commonwealth, if a copy of the certificate is not received within the time specified by the Division of Purchases, the foreign entity’s solicitation response may be deemed non-responsive. If the foreign entity is not required to obtain a certificate as provided in KRS 14A.9-010, the foreign entity should identify the applicable exception in its solicitation response. Foreign entity is defined within KRS 14A.1-070.

Vendors are required to remain in active and good standing during the life of the contract.

Discrimination (because of race, religion, color, national origin, sex, sexual orientation, gender identity, age, or disability) is prohibited. This section applies only to contracts utilizing federal funds, in whole or in part. During the performance of this contract, the contractor agrees as follows:

1. The contractor will not discriminate against any employee or applicant for employment because of race, religion, color, national origin, sex, sexual orientation, gender identity or age. The contractor further agrees to comply with the provisions of the Americans with Disabilities Act (ADA), Public Law 101-336, and applicable federal regulations relating thereto prohibiting discrimination against otherwise qualified disabled individuals under any program or activity. The contractor agrees to provide, upon request, needed reasonable accommodations. The contractor will take affirmative action to ensure that applicants are employed and that employees

Document Description Page 17

1900000304 Grave Relocation Gallatin Co of 40 http://www.lrc.ky.gov/KRS/014A09/010.PDF http://www.lrc.ky.gov/KRS/014A09/030.PDF https://secure.kentucky.gov/sos/ftbr/welcome.aspx are treated during employment without regard to their race, religion, color, national origin, sex, sexual orientation, gender identity, age or disability. Such action shall include, but not be limited to the following; employment, upgrading, demotion or transfer; recruitment or recruitment advertising; layoff or termination; rates of pay or other forms of compensations; and selection for training, including apprenticeship.

The contractor agrees to post in conspicuous places, available to employees and applicants for employment, notices setting forth the provisions of this non-discrimination clause.

2. The contractor will, in all solicitations or advertisements for employees placed by or on behalf of the contractor, state that all qualified applicants will receive consideration for employment without regard to race, religion, color, national origin, sex, sexual orientation, gender identity, age or disability.

3. The contractor will send to each labor union or representative of workers with which he has a collective bargaining agreement or other contract or understanding, a notice advising the said labor union or workers' representative of the contractor's commitments under this section, and shall post copies of the notice in conspicuous places available to employees and applicants for employment. The contractor will take such action with respect to any subcontract or purchase order as the administering agency may direct as a means of enforcing such provisions, including sanctions for noncompliance.

4. The contractor will comply with all provisions of Executive Order No. 11246 of September 24, 1965 as amended, and of the rules, regulations and relevant orders of the Secretary of Labor.

5. The contractor will furnish all information and reports required by Executive Order No. 11246 of September 24, 1965, as amended, and by the rules, regulations and orders of the Secretary of Labor, or pursuant thereto, and will permit access to his books, records and accounts by the administering agency and the Secretary of Labor for purposes of investigation to ascertain compliance with such rules, regulations and orders.

6. In the event of the contractor's noncompliance with the nondiscrimination clauses of this contract or with any of the said rules, regulations or orders, this contract may be cancelled, terminated or suspended in whole or in part and the contractor may be declared ineligible for further government contracts or federally-assisted construction contracts in accordance with procedures authorized in Executive Order No. 11246 of September 24, 1965, as amended, and such other sanctions may be imposed and remedies invoked as provided in or as otherwise provided by law.

Document Description Page 18

7. The contractor will include the provisions of paragraphs (1) through (7) of section 202 of Executive Order 11246 in every subcontract or purchase order unless exempted by rules, regulations or orders of the Secretary of Labor, issued pursuant to section 204 of Executive Order No. 11246 of September 24, 1965, as amended, so that such provisions will be binding upon each subcontractor or vendor. The contractor will take such action with respect to any subcontract or purchase order as the administering agency may direct as a means of enforcing such provisions including sanctions for noncompliance; provided, however, that in the event a contractor becomes involved in, or is threatened with, litigation with a subcontractor or vendor as a result of such direction by the agency, the contractor may request the United States to enter into such litigation to protect the interests of the United States.

Sales of tangible personal property or services to the State of Kentucky and its agencies are not subject to state sales or use taxes.

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.

The vendor shall notify the Commonwealth of any planned use of subcontractors in regards to the resulting contract. If the KYTC Division of Purchases is provided evidence of the vendor making such an arrangement without submitting the proper information prior to use of the subcontractor, the contract may be cancelled immediately.

All payments will be made directly to the contracted vendor. It is the vendor’s responsibility to make payment to the subcontract. Payments shall not be made to the subcontractor by the Commonwealth. Subcontractors having nonpayment issues that could not be resolved with the Vendor, should report in detail these incidents to the buyer of record for this solicitation.

Document Description Page 19

The Vendor shall ensure that all contractors or subcontractors comply with all applicable Federal, State, and Local laws, regulation, mandates, and terms of this solicitation and resulting contract.

All services performed under contract shall be in accordance with the terms and conditions 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.

Deviations of services performed will not be made without the written approval of the KYTC Division of Purchases. Problems that arise under any aspect of performance should first be resolved between the vendor and the agency. If such problems and/or disagreements cannot be resolved they should be referred to the KYTC Division of Purchases for mediation.

The contractor, as defined in KRS 45A.030 (9) agrees that the contracting agency, the Finance and Administration Cabinet, the Auditor of Public Accounts, and the Legislative Research Commission, or their duly authorized representatives, shall have access to any books, documents, papers, records, or other evidence, which are directly pertinent to this contract for the purpose of financial audit or program review. Records and other prequalification information confidentially disclosed as part of the bid process shall not be deemed as directly pertinent to the contract and shall be exempt from disclosure as provided in KRS 61.878(1)(c). The contractor also recognizes that any books, documents, papers, records, or other evidence, received during a financial audit or program review shall be subject to the Kentucky Open Records Act, KRS 61.870 to 61.884.

The Finance and Administration Cabinet may inspect the place of business of the Vendor or any sub Vendor under the master Agreement contract awarded or to be awarded by the Commonwealth. In accordance with KRS 45A.150, the Finance and

Document Description Page 20

Administration Cabinet may audit the books and records of any person who has submitted cost or pricing data under KRS 45A.120 at any time until three years from the date of final payment under the prime contract, and by any subcontractor for a period of three years from the date of final payment under the subcontract. Such books and records shall be maintained by the contractor for a period of three years from the date of final payment under the contract and by any subcontractor for a period of three years from the date of final payment under the subcontract. The Finance and Administration Cabinet shall be entitled to audit the books and records of a contractor or any subcontractor under any negotiated contract or subcontract other than a firm fixed-price type contract, provided, however, that this provision shall not limit the right to audit stated above. Such books and records shall be maintained by the contractor for a period of three years from the date of final payment under the prime contract and by the subcontractor for a period of three years from the date of final payment under the subcontract. The contractor shall place such the same audit requirement in any agreement it may have with a subcontractor under this contract.

This Contract shall be governed by and construed in accordance with the laws of the Commonwealth of Kentucky and any litigation with respect to this Contract shall be brought in state or federal court in Franklin County, Kentucky in accordance with

KRS 45A.

The Division of Purchases is the only office authorized to change, modify, amend, alter, or clarify the specifications, terms and conditions of this RFB.

The Division of Purchases contact named below shall be the sole point of contact throughout the procurement process. All communications, oral and written (regular mail, express mail, electronic mail, or fax), concerning this procurement shall be addressed to:

Amanda Lewis Phone: 502-564-4630 Fax: 502-564-7069

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E-mail: Amanda.Lewis2@ky.gov

From the issue date of this RFB until a Contractor(s) is selected and the selection is announced, Offerors are not allowed to communicate with any Commonwealth Staff concerning this RFB except:

(a) The sole point of contact cited in this RFB; or

(b) Via written questions submitted to the sole point of contact

Potential bidders should clearly understand that any verbal representations 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.

This provision does not preclude bidders who presently hold contracts with the Commonwealth from communicating with state agencies regarding existing contracts.

The following schedule presents the major activities associated with the RFB distribution, written questions, and bid submission. The Commonwealth reserves the right at its sole discretion to change the Schedule of Activities, including the associated dates and times.

Deadline for written questions All questions shall submitted in writing by the date and time specified. No questions shall be accepted after the date listed unless the question(s) is considered material to the procurement. Oral questions will not be accepted at any time except for bid procedural clarifications. The Commonwealth will respond to salient questions in writing by issuing an Addendum to the Solicitation.

11/08/18 by 3:30pm

Commonwealth’s response to written questions The Addendum shall be posted to the Commonwealth’s e-Procurement web site. 11/09/18 by 7:00pm Bids due by 10:00 AM Notice to Vendors:

All bidders are cautioned to be aware of the security in the Transportation Office Center located at 200 Mero Street in Frankfort, KY. All bids shall be time-stamped in the Division

See page 1 for Closing Date.

Document Description Page 22 of Purchases no later than the due date and time defined in this Solicitation. In-person or courier delivered bids in response to this Solicitation should be delivered to the 4th

Floor, East Delays due to building security checks shall not be justification for acceptance of a late bid.

Tentative Award Date 11/20/2018 NOTE: All times referenced are Eastern Time Zone

The Commonwealth wants each prospective Offeror to have full and complete information on which to base a bid response. Only information presented or referred to in this RFB and any additional written information that is supplied by the Division of Purchases shall be used by Offerors in preparing a response to this RFB.

The Solicitation and any Addenda shall be posted to the e-Procurement web site at https://emars311.ky.gov

Please note: It is not necessary to register to access the solicitations. Unregistered vendors can access the solicitations by clicking on guest access.

Click Guest Access- located on the left of the screen, You will be taken directly to list of solicitations organized by closing date.

– Keyword Search - Vendors can use the keyword field search to narrow your search. Type in keyword and click the advanced search button, select status open then click the go button or click the next button to page through all the open solicitations.

Click the details button under the RFB/RFP document number

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On the Solicitation front page, fill in your complete address along with a telephone number, fax number, and e-mail address in the vendor box.

No hard copy bid shall be considered valid unless filled out in ink or typewritten and signed in ink in the space provided on the Solicitation. The vendor should complete the “Vendor” box on the face of the solicitation. An authorized representative of the vendor shall sign where indicated on the face of the solicitation. If the solicitation is not signed the proposal shall be deemed non-responsive.

Vendors shall submit one (1) signed original of the solicitation response under sealed cover, which shall be received no later than the date and time indicated on the face of this solicitation. Any response received after this date and time and returned unopened to the Bidder. Any response not under sealed cover

The Commonwealth defines SEALED as “a closure that must be broken to be opened and that thus reveals tampering”. (Merriam-Webster Dictionary, http://www.merriam-webster.com/dictionary/seal)

Bid Responses shall be addressed and submitted to:

Include in bid response, any Addenda, and all Attachment Forms included in this

Document Description Page 24 http://www.merriam-webster.com/dictionary/seal solicitation.

All bids shall remain valid for a minimum of ninety (90) calendar days after the bid closing date.

It is the vendor’s responsibility to check the website for any modifications to this solicitation. Signing the face of the solicitation as indicated above constitutes the vendor’s acknowledgement of and agreement to be bound by the terms of all addenda issued. Failure to acknowledge a modification shall cause the bid to be considered non-responsive, unless waived in accordance with 200 KAR 5:306.

Acknowledgment of the most recent modification shall constitute acknowledgment of all prior modifications.

If an Addendum posts, the acknowledgment shall be received prior to the hour and date specified for receipt of offers on the most recent version of the Solicitation.

An offer may be modified by electronic or facsimile notice, if notice is received prior to the hour and date specified for receipt of offers. An electronic or facsimile modification shall not mention unit prices or total price; but shall only refer to percentage change or numerical change.

An offer may be modified or withdrawn by electronic or written notice received prior to the hour and date specified for receipt of offers. An offer may also be withdrawn in person by an offeror or his authorized representative, if his identity is made known and he signs a receipt for the offer, but only if the withdrawal is made prior to the hour and date set for receipt of offers.

https://emars311.ky.gov

Click Guest Access- located on the left of the screen. You will be taken directly to list of solicitations organized by closing date.

Vendors can search for the solicitation title or number in the keyword search field, or can filter their search by only awarded solicitations by clicking on Advanced Search and .

The Award(s) information can be accessed by clicking on the Details button of

Document Description Page 25 the solicitation and clicking the Notice of Award tab. To see all bidders’ pricing click on the Public Bid Reading tab. The Public Bid Reading Tab will not be visible until the buyer has finalized the evaluation and an award has been made.

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 offered are in strict compliance with these specifications, and the successful bidder shall be held responsible for delivering materials 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.

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.

Document Description Page 26 http://finance.ky.gov/services/policies

In accordance with KRS 45A.105, this Solicitation may be canceled at any time and for any reason, or all bids rejected, if it is determined in writing that such action is in the best interest of the Commonwealth. Receipt of an offer by the Commonwealth or submission of a bid to the Commonwealth confers no rights upon the Offeror nor obligates the Commonwealth in any manner. RFB cancellations will be posted to the e-Procurement web site at: https://emars311.ky.gov Click on Advanced Search, Under Status Select Cancelled from the dropdown, and click Go.

In accordance with KAR 5:306 the Commonwealth reserves the right to request clarification of bid responses and/or waive minor irregularities in bids providing such action is in the best interest of the Commonwealth.

Where the Commonwealth may waive minor irregularities, such waiver shall in no way modify the RFB requirements or excuse the Offeror from full compliance with the RFB specifications and other requirements if the Offeror is awarded the contract.

In accordance with KRS 45A.340, the contractor represents and warrants, and the Commonwealth relies upon such representation and warranty, that it…