Final_RFB_605_2000000227_1_SO_FORM.PDF

Document ID: RFB 605 2000000227 Page: 1 of 3

Commonwealth of Kentucky

SOLICITATION

Addenda: No Addenda #:

TITLE: Demolition Svcs Kenton Co

Date Issued:

10/7/19 Record Date:

2019-10-07

Solicitation Closes Date:

10/22/19 Time:

10:00

Solicitation No:

RFB 605 2000000227

Online Bidding Prohibited: Yes

For Information Call:

Allyson May 502-782-3981

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 2000000227 Page: 2 of 3

Line Items

Commodity Group: Default Commodity Group

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

1 Kenton Co. 06-8307.10 Parcels 18, 23

Comm Code Comm Description Manufacturer Model # Manuf Part #

91240 Demolition Services

Extended Description Vendors shall submit bid pricing in table provided in Section 1.00.

All phases of work required to complete this project shall be included in the cost.

NOTE TO CONTRACTOR

An onsite prebid meeting will not be held on this parcel. It shall be the responsibility of prospective bidders to inspect and investigate improvements prior to submitting proposals to determine pertinent factors such as access, zoning, easements, condition of improvements, etc. The submission of a proposal will be construed as evidence that inspections and investigations have been made. Later claims for such items which could have been foreseen had inspections/investigations been made shall not be recognized.

Please contact Rob Davis at (859) 426-6946 for directions to the location. Demolition will not begin on this property until the current tenant has vacated the property.

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 2000000227 Page: 3 of 3

Submission Checklist

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

Item

PRICE

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.

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 (See Section 5.00)

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, D and E as applicable)

_____ PERFORMANCE AND PAYMENT BONDS (see section 1.00)

_____ CERTIFICATE OF INSURANCE (see section 1.00)

Document Description Page 3

2000000227 Demolition Svcs Kenton Co of 39 https://emars311.ky.gov mailto:Finance.CRCGroup@ky.gov http://finance.ky.gov/services/policies

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: Demolition Svc Kenton County

PARCEL DESCRIPTION (include address) Amount Due Bidder (A)

Amount Due State (B)

A 2,000 SF brick/frame bi-level residence;

concrete driveway (400SF), frame deck

(200SF), public sanitary and public sewer.

A two-story frame residence (2,458 SF);

asphalt driveway (300 LF), detached frame garage (400 SF), cistern and septic tank.

Column A Total $ _________________

Column B Total $ _________________ Lump Sum Total $_________________

Amount Due Bidder Amount Due State

NOTE: Failure of the Bidder to include an amount for each parcel shall result in rejection of bid.

INSTRUCTIONS TO BIDDER: Total for Column A – (minus) Total for Column B = (equals) Lump Sum Total. If Column A is greater than Column B the lump sum total will be the Amount Due Bidder. If lump sum total is a negative amount the lump sum total will be the Amount Due State.

NOTE: Bidder must select either Amount Due Bidder or Amount Due State in the above table. Failure to select Amount Due State or Amount Due Bidder may result in rejection of bid. Selection of both options will be considered a multiple bid and the bid may be rejected as non-responsive.

Document Description Page 4

2000000227 Demolition Svcs Kenton Co of 39

SPECIAL NOTE(S):

1). Parcel 18: This property is served with public sewer service. The awarded vendor shall contact SD1 (859) 578-7960, Tracey Watson, to schedule the permitting/capping inspection of the existing sanitary service line.

2). Parcel 23: The remnant of this property (land) shall be retained by the owner; only the improvements and an easement were acquired by the Commonwealth of Kentucky for use and benefit of the KYTC for this highway project. The awarded contractor shall construct a barrier (ditch or pile loose asphalt) along the driveway, near the highway (Hands Pike) to prevent any vehicular traffic from entering said property. The property is served with a septic tank and cistern. Fluent shall be pumped from the septic tank and all concrete shall be removed from all improvements on this site, including septic and cistern.

All work performed under these Plans and Specifications must adhere to all codes, regulations and requirements of all inspection and regulatory agencies and the work will be performed according to these requirements. If the plans and specifications do not set forth all codes, etc., this does not relieve the Contractor of the responsibility to adhere to all requirements necessary for completing the Contract in accordance with all necessary codes, regulations and requirements.

If problems are found during demolition, they will be brought to the attention of the KYTC District Office for review and direction. However, this does not relieve the Contractor of bidding and constructing the project in accordance with all requirements.

COUNTY: Kenton

ITEM NO: 06-8307.10

UPN: 1100 FD04 059 8049601R

PARCEL NOS: 18 & 23

PROJECT: Hands Pike (KY 1501) from KY 17 to Crystal Lake Dr.

LOCATION: 2 Crystal Lake Dr.,Covington, KY; also 1092 Hands Pike, Covington

KY

Document Description Page 5

Work shall consist of the removal and the proper disposal of buildings, fences, septic tanks, driveways, paved areas, conduits, and other miscellaneous structures and encumbrances, which exist upon or within the right of way and/or easements areas on the designated parcels. All work shall be in accordance with these specifications and any special provisions that may be included as a part of the contract.

After award of contract, the contractor will be notified by the district to advise of any change in the probable date that the improvements will be available. The contractor shall not begin work until they have been notified by the District Property Management Agent that all utilities have been disconnected by the utility companies involved.

In the event the construction contractor and the contractor for clearance of improvements are on the project at the same time, it shall be understood that the latter will not be allowed to claim damages for any loss of time thus engendered.

The contractor agrees to indemnify and hold the Cabinet harmless for any fines or penalties assessed to the Cabinet as a direct result of the contractor’s actions or omissions.

The contractor shall provide for adequate protection to safeguard the public at all times. The contractor shall employ watchmen when necessary, and shall furnish and maintain barricades, lanterns or flares, and other devices considered necessary for the protection of the public.

If a street or road is to be closed or obstructed during the clearance of improvements a permit shall be secured by the contractor from the proper authority. The Transportation Cabinet, Fire Department, Police Department, and utility companies involved shall be given notice by the contractor of the time when such street or road is to be closed or obstructed.

The contractor shall use every precaution to prevent any damage to adjacent property and buildings. All equipment, tools, and materials permitted to remain on the right of way during the operations shall be neatly stored in such a manner as will not interfere with the rights and privileges of the adjacent property owners.

The contractor shall use every precaution to prevent damage to building walls, which are jointly owned and are required to remain in place and shall assume full responsibility for any damage to an adjoining building resulting from his work or carelessness. All such wall structures shall be left sound and with an acceptable appearance. The contractor shall save the Commonwealth and the Transportation

Document Description Page 6

Cabinet or any of its officers or agents harmless from damages or claims from his operations on a common or adjacent wall of a structure that is to remain in place.

All property line walls owned jointly with an adjacent property owner shall remain the property of the Commonwealth and the adjacent property owner, and shall remain in place unless otherwise specified in the contract.

All material from the clearance of improvements will become the property of the contractor, unless otherwise specified in the contract. The contractor (at his own expense) shall remove from the site and dispose of all materials in the manner set forth in Disposal of Materials Section of this specification. Removal of trees is not the responsibility of the demolition contractor unless stated in the description of parcels.

The Transportation Cabinet will not be responsible for plumbing fixtures, electrical fixtures, fences, storm doors, storm windows, or any other items of value left on the property.

All areas that are disturbed as a result of the removal of the improvements and filling of basements or other open holes, to include borrow pits, upon completion of work shall be leveled and/or graded and have fertilizer, lime, grass seed and mulch applied as per the following rates:

Fertilizer (10-20-20) 40 lbs. per 800 sq. ft.

Lime – 50 lbs per 800 sq. ft.

KY 31 Grass Seed – 10 lbs. per 800 sq. ft.

Mulch – Sufficient straw to give 3 inch loose depth coverage, (secured by netting, terrain and other factors will be required.)

Rodent control measures required on this contract.

A performance bond shall be required as specified in this section. For amount paid to vendor a Performance Bond or Irrevocable Letter of Credit shall be required in the amount of the contract or $10,000.00, whichever is greater. For amount paid to State a performance bond shall be required in the amount of $10,000.00. The Performance Bond or Irrevocable Letter of Credit shall be provided as security for the faithful performance of the contract. Irrevocable Letters of Credit shall ONLY be accepted up to a maximum of $20,000.00. All projects exceeding that amount shall require a Performance Bond.

Document Description Page 7

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 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

Document Description Page 8

2000000227 Demolition Svcs Kenton Co of 39 http://insurance.ky.gov/company http://www.ambest.com verification. Failure to meet this requirement may result in the bid being deemed non-responsive.

Debris, Trash and Waste Materials – No debris, trash or waste material is to be buried on site. All debris, trash and waste material resulting from the removal of improvements shall be disposed of at a site or facility for which a permit for waste disposal has been issued by the Natural Resources and Environmental Protection Cabinet, Department for Environmental Protection, Division of Waste Management (excluding any material which is recovered for salvage/reuse including brick, concrete or blacktop which is to be disposed of as beneficial reuse). The cost of this disposal shall be considered and included in the contract price. Upon completion of the contract, the contractor will furnish the district Property Management Agent with the name and address of the waste disposal site used and copies of the disposal receipts indicating the amount of material disposed.

It shall be the responsibility of the contractor to properly dispose of any hazardous waste, paint, tires, automobile batteries, etc. in a manner that meets all local, state and federal regulations regarding this type of disposal.

The cost of this disposal shall be considered and included in the contract price.

Upon completion of the contract, the contractor will furnish the district Property Management Agent with the name and address of the disposal site used and copies of the disposal receipts indicating the type and amount of material disposed.

In the event the contractor unexpectedly encounters on the site material reasonably believed to be asbestos, polychlorinated biphenyl (PCB) or other classified hazardous substances/materials which have not been rendered harmless, the contractor shall immediately stop work in the area affected and report the condition to the owner.

The work in the affected area shall not thereafter be resumed except by written agreement of the owner and contractor if in fact the material is asbestos, polychlorinated biphenyl (PCB), or other classified hazardous substances/materials which have not been rendered harmless. The work in the affected area shall be resumed in the absence of any classified hazardous substances/materials or when it or they have been rendered harmless.

If vendor has received a fine from EEC for a major infraction/violation within the last six months the vendor’s bid may be rejected as non responsive. KYTC Division of Purchases reserves the right to review all vendor violations and to determine the

Document Description Page 9 level of infraction/violation.

Below is a link to the Division of Waste Management website if you need information about permitted landfills. http://www.waste.ky.gov

When a refrigeration unit (central air conditioners, freezer units, coolers, etc) is to be removed intact from the site for reuse, evacuation/recovery of refrigerant is not required. All refrigerant must be completely evacuated/recovered from any refrigeration unit which is not to be removed intact from the site or is to be removed for disposal. Evacuation/recovery is to take place prior to destruction of the unit.

This evacuation/recovery must be performed by a licensed HVAC operator and documented by the submission, to the District Property Management Agent, of a paid receipt from the licensed HVAC operator who performed the reclamation. (NOTE:

Failure to submit paid receipt referenced herein will result in a penalty of $200.00 per occurrence.) The cost of refrigerant evacuation/recovery shall be considered and be included in the contract price.

In compliance with “401 KAR 63:005. Open Burning”, no open burning of improvements, trash, debris or waste material will be permitted on the contract. The referenced KAR may be viewed on the Kentucky Legislation webpage http://www.lrc.ky.gov/kar/401/063/005.htm Should open burning by unknown parties take place, the contractor shall immediately notify the district Property Management Agent, the appropriate regional office of the Natural Resources and Environmental Protection Cabinet, Department for Environmental Protection, Division for Air Quality and local law enforcement authorities. A written report of these notifications is to be submitted to the district Property Management Agent within 5 working days of the discovery of the burning.

The removal of improvements is subject to all applicable statutes and regulations of federal, state, county and city governmental agencies, and in addition all work performed must strictly comply with the specifications stated herein.

Contractor is cautioned against incorporating any changes in these specifications without approval of the KYTC District Office. Any unapproved changes on this project will not be recognized for payment by the Owner. At no time will the Transportation Cabinet be responsible for vandalism to improvements.

The Contractor shall not use any state owned equipment nor state personnel on this

Document Description Page 10

2000000227 Demolition Svcs Kenton Co of 39 http://www.waste.ky.gov http://www.lrc.ky.gov/kar/401/063/005.htm project during the terms of this Contract.

The contractor shall confirm that all existing utility services have been disconnected at the meter or at the service cutoff valves by the proper utility company. Water lines shall be removed to the service meters, and gas lines shall be removed to the service cutoff valves. Sewer lines shall be removed to the main line or to a depth well below the elevation of the proposed construction, and the remaining opening shall be closed with a masonry plug equal to the diameter of the pipe.

Buildings shall be removed and/or demolished in conformity with the best practices of the trade and in compliance with all ordinances and regulations pertaining to such work.

The contractor shall proceed to remove improvements on a street-by-street basis in an orderly fashion. Once removal activities have begun on an improvement, the debris must be promptly removed and all other contract specifications completely finished within a reasonable time at the discretion of the Right of Way Supervisor.

The contractor shall (at his own expense and in a manner satisfactory to the Cabinet) sprinkle water on the debris as the work is being accomplished to eliminate dust from invading the surrounding neighborhood.

The contractor shall keep sidewalks and streets clean and (if necessary) repaired so as to not become a hazard to the public.

Walks, driveways, and paved areas shall be removed to the limits of the property lines or to the pavement edges of roads, streets or alleys.

Cisterns, cesspools, septic tanks and similar installations shall be emptied and the walls removed and/or broken up to a depth sufficient for proper filling as specified below, except when provided in the proposal for complete removal. Cesspools, septic tanks and similar installations are to be pumped by a licensed septic tank service prior to removal and documented by the submission of a paid receipt from the service that performed the pumping. (NOTE: failure to submit paid receipt referenced herein will result in a penalty of $200.00 per occurrence) The cost of pumping shall be considered and included in the contract price.

Basements shall be cleared of all debris, appliances, partition walls, wooden floors, and other items. Concrete basement floors, basement walls and foundation walls shall be completely removed.

Document Description Page 11

All open basements and other holes resulting from the removal of existing buildings, septic tanks, cisterns, or other structures (after being cleared to a shovel clean condition) shall be filled with stone, sand, or suitable earth compacted in layers to obtain a suitable field density unless otherwise specified in the description of parcels. No direct payment will be allowed for this work.

Prior to filling all open basements and other holes resulting from the removal of existing buildings, septic tanks, cisterns, or other structures, the contractor shall notify the District Right of Way Office of the time he will begin to fill the hole(s). This notice shall be at least twenty-four (24) hours in advance to allow the Right of Way Office to have an inspector present prior to and during the work. Basements and other open holes resulting from the removal of existing buildings, septic tanks, cisterns, or other structures shall not be filled on weekends, or holidays without special advance authorization.

Failure to notify the District Right of Way Office prior to filling any basement or open hole may result in the contractor being required to remove all material from the hole for an inspection of the material used. This removal and refilling shall be at the expense of the contractor. All sites need to be graded to existing ground level unless otherwise specified in the description of parcels.

If structures are moved on, over, or across public right-of-way as part of this contract, vendor shall complete a House Moving Application (TC 95-310) and submit said application to Kentucky Transportation Cabinet, Department of Vehicle Regulations, Division of Motor Carriers. Structures shall not be moved until such time the House Moving Application is approved and a permit issued by the Cabinet.

Vendor shall submit a copy of the approved permit to the District Property Management Agent for each house moved as part of this contract. (NOTE: Failure to provide said permit(s) will result in a $250.00 penalty per occurrence.)

It shall be the responsibility of the contractor to see that no debris or foreign material falls into any water well or monitoring well during the removal of buildings or other items, and each well must be temporarily covered. No direct payment will be allowed for this work.

The contractor shall at all times keep the project premises and surrounding area free from the accumulation of waste materials or rubbish caused by his operations in connection with the project. Upon completion of the work, and prior to final inspection and acceptance, the contractor shall remove all remaining waste

Document Description Page 12 materials, rubbish, contractor’s construction equipment, tools, machinery and surplus materials and leave the project (including but not limited to glass, hardware, fixtures, masonry, tile and marble) in a clean and usable condition satisfactory to the owner. If the contractor fails to clean up as provided in the contract documents, the owner may perform the cleaning tasks and charge the cost to the contractor.

The contractor shall continuously maintain adequate protection of all work from damage and shall protect the owner’s property from injury or loss arising in connection with this contract. He shall make good any such damage, injury, or loss, except such as may be directly due to errors in the specifications or caused by agents or employees of the owner. The contractor shall adequately protect adjacent property as provided by law and the contract.

The contractor shall take all necessary precautions for the safety of employees on the work site, and shall comply with all applicable provisions of federal, state, and municipal safety laws and building codes to prevent accidents or injury to persons on, about, or adjacent to the premises where the work is being performed.

If penalties are assessed as a result of the contractor’s failure to perform to the specifications of this contract, penalties shall be deducted from the amount of the contract. If penalties exceed the amount of the contract the vendor shall be required to reimburse Cabinet for all penalties incurred. Vendor shall be responsible for any penalties incurred by Sub-contractors providing services for vendor. If outstanding penalties are owed by the vendor, future bids of vendor shall be rejected as non-responsible until such times all penalties are paid in full.

The contractor shall indemnify and hold the owner harmless from any and all claims, liability, damage, loss cost and expense of every type whatsoever including, without limitation, attorneys’ fees and expenses, in connection with the contractor’s performance of this contract, provided that such claims, liability, damage, loss, cost or expense is due to sickness, personal injury, disease or death, or to loss or destruction of tangible property (other than the work itself), including loss of use resulting there from, to the extent caused by the contractor, or anyone for whose acts the contractor may be liable, regardless of whether such liability, claim, damage, loss, cost or expense is caused in part by the owner.

The vendor’s performance will be evaluated by the District Property Management

Document Description Page 13

Agent throughout the term of this contract. If it is determined the vendor’s performance failed to meet the specifications required in this contract, the vendor will be provided a copy of the evaluation, and given opportunity to provide a written response. Past performance on an evaluation may be considered during an evaluation of future bids.

The Contractor 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, between the parties hereto relating to the subject matter hereof shall be of no effect upon this Contract.

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

Document Description Page 14 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.

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:

Allyson May Division of Purchases Kentucky Transportation Cabinet Phone: 502-782-3981 E-mail: Allyson.May@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.

Within 7 days after the award of contract, the contractor shall meet with the District Property Management Agent for a revision and submission of the Notification of Asbestos Abatement/Demolition/Renovation (DEP 7036) to the Division of Air Quality. The contractor shall be notified of a Pre-Improvement Removal Meeting within 7 days of the expiration of the NOI (DEP 7036). A work order may be issued at the time of the Pre-Improvement Removal Meeting or within 7 days of Pre-Improvement Removal Meeting. This will be at the discretion of the District Property Management Agent and/or the Right of Way Supervisor.

Document Description Page 15

After 21 consecutive calendar days from receipt of the work order from the District Property Management Agent, penalties in the amount of $400.00 per day will be assessed for a 7 calendar day period on each parcel not cleared. At the end of the above period (which totals 28 calendar days), the Cabinet may exercise its right to cancel the contract in its entirety without further notice. The bond or irrevocable letter of credit may be cashed upon cancellation of the contract.

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.

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.

The vendor shall be paid, upon the submission of proper invoices to the receiving agency at the prices stipulated for the services rendered and accepted. Unless otherwise specified, payment will not be made for partial services accepted.

Payments will be made within thirty (30) working days after completion and vendor’s invoice in accordance with KRS 45.453 and KRS 45.45A. A penalty payment of one percent (1%) per month shall be added to the amount due the vendor for each full or partial month that the payment exceeds 30 working days.

The contractor shall promptly correct work which is rejected by the department as failing to conform to the requirement of the contract.

Document Description Page 16

In addition to being responsible for correcting the work and removing any nonconforming work or materials which are not corrected from the job site, the contractor shall bear all other costs of bringing the affected work into compliance with the contract.

If the contractor fails to correct nonconforming work within a reasonable time, the owner may take steps to correct the work itself. If, within a ten (10) day period after receipt of written notice to correct the nonconformity, the contractor has not made serious efforts to correct the nonconformity, the owner may without prejudice to any other remedies it may have, proceed to correct the non-conforming work.

An equitable deduction from the bid sum will be made to cover the cost of correcting the work.

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.

The Contractor shall not refer to the Award of Contract in commercial advertising in

Document Description Page 17 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 are treated during employment without regard to their race, religion, color, national origin, sex, sexual orientation, gender identity, age or disability. Such action shall

Document Description Page 18

2000000227 Demolition Svcs Kenton Co of 39 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 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.

7. The contractor will include the provisions of paragraphs (1) through (7) of section

Document Description Page 19

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.

The Vendor shall ensure that all contractors or subcontractors comply with all

Document Description Page 20 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 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

Document Description Page 21 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:

Allyson May Phone: 502-782-3981 Fax: 502-564-7069 E-mail: Allyson.May@ky.gov

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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.

10/14/2019 by 4:00pm

Commonwealth’s response to written questions The Addendum shall be posted to the Commonwealth’s e-Procurement web site.

10/15/2019 by 4:00 pm

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 of Purchases no later than the due date and time defined in this Solicitation. In-person or courier delivered bids in

See page 1 for Closing Date.

Document Description Page 23 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 11/15/2019 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

Document Description Page 24 https://emars311.ky.gov

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…