Final_RFB_605_2000000704_3_SO_FORM.PDF

Document ID: RFB 605 2000000704 Page: 1

Commonwealth of Kentucky

SOLICITATION MODIFICATION

Addenda: Yes Addenda #: 3

TITLE: Janitorial Services District 2

Date Issued:

6/30/20 Record Date:

2020-06-30

Solicitation Closes Date:

7/7/20 Time:

10:00

Solicitation No:

RFB 605 2000000704

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 2000000704 Page: 2

Line Items

Commodity Group: Default Commodity Group

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

1 Janitorial Service District 2 12.00000 MO

Comm Code Comm Description Manufacturer Model # Manuf Part #

91039 Janitorial/Custodial Services

Extended Description For email submission: READ CAREFULLY!!

VENDOR MUST PRINT the RFB document, FILL IT OUT, SCAN IT, THEN EMAIL the entire bid document and any other required information in order for their emailed bid submission to be considered.

Send a complete scanned version of your bid submission to KYTC.Bids@ky.gov.

Put "RFB 605 2000000704" in the Subject Line of the email.

**DO NOT COPY THE BUYER OR ANY OTHER PERSON WHEN EMAILING YOUR BID or your bid may be deemed non-responsive since confidentiality will be breached.**

**KYTC.Bids@ky.gov is ONLY for the purpose of submitting a bid responses. All questions related to a solicitation or the process must be sent directly to each buyer at the email listed below.

Bidders who are bidding on more than one RFB at the same time MUST submit their bids via separate emails for each RFB.

Be sure to include the signed cover page of the solicitation, ALL pricing pages/bid sheets, delivery requirements (if applicable), any applicable signed/ notarized Affidavits, and any other required documents.

Emails with attachments can be delayed, therefore vendors are encouraged to submit in enough time to allow email delivery by 10:00am on the bid closing date.

Delays due to technological issues shall not be justification for acceptance of a late bid.

Janitorial Service District 2

Shipping Information KYTC District 2 - Madisonville District Office

1840 North Main Street

Madisonville KY 42431

Billing Information KYTC District 2 - Madisonville District Office

1840 North Main Street

Madisonville KY 42431

Document ID: RFB 605 2000000704 Page: 3

Submission Checklist

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

Item Price Experience (Months in Business)

Addendum #2 6/30/2020 - to add Site Visit Validation form.

No other changes have been made

Bid closing date shall remain the same.

Addendum #1 6/17/2020 - to change the bid opening date from July 3, 2020 to July 7, 2020 at 10:00am (EST)

No other changes have been made.

NEW – Effective 3-23-20 bid submissions may be submitted electronically to KYTC.Bids@ky.gov.

Vendors will no longer be able to hand deliver/drop off bids to the Transportation Cabinet. All bids shall be mailed using US Postal Service, UPS, or Fed Ex, or emailed according to Section 3.04.

BID SUBMISSION CHECKLIST

The vendor MUST include the following with the bid submission. If the items below are not submitted with the bid, the Commonwealth MUST 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)

_____ ATTACHMENT F – SITE VISIT VALIDATION

_____ ATTACHMENT G – BIDDER QUALIFICATIONS

All other items MUST be submitted prior to award.

_____ CERTIFICATE OF AUTHORITY – REGISTRATION WITH SECRETARY OF STATE BY FOREIGN

ENTITY (See Section 2.12)

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

_____ CERTIFICATE OF INSURANCE (See Section 1.03)

PLEASE READ THIS SOLICITATION AND ITS INSTRUCTIONS IN ITS ENTIRETY.

This is a Request for Bid (RFB).

Vendors shall comply with the terms and conditions stated in the solicitation.

Any efforts to negotiate these terms and conditions SHALL NOT be accepted and SHALL cause the bid to be deemed non-responsive.

The General Conditions and Instructions for Solicitations and Contracts shall be incorporated by reference in each solicitation and resulting contract. Therefore, it is the bidder's responsibility to access and read these General Conditions at: http://finance.ky.gov/services/policies scroll down to Procurement Services- Procurement , double click on the file named FAP 110-10-00 General Conditions and Instructions for Solicitations and Contracts or request a copy by contacting the KYTC Division of

Document Description Page 4

2000000704 Janitorial Services District 2 mailto:KYTC.Bids@ky.gov

Purchases buyer named in Section 3.01. Every person submitting a bid to the Commonwealth shall be deemed to have assented to these conditions by the act of bidding.

Per the Governor’s Healthy at Work guidelines, contractors must wear face masks or face coverings for any interactions between co-workers or while in common travel areas of a facility (e.g., hallways, conference rooms, bathrooms, entries and exits). Employees are not required to wear face masks while alone in personal offices or if doing so would pose a serious threat to their health or safety.

This is part of the contract for as long as wearing a mask is part of the Governor’s Healthy at Work guidelines or is recommended by the CDC. Also, if guidelines change (either by the Governor’s Office or the CDC), CSP will adapt to the new guidelines as quickly as possible.

Pre-Bid Site Visit

Bidders are required to inspect the site where services are to be performed and to satisfy themselves as to all general and local conditions that may affect the cost of performance of the contract; to the extent such information is reasonably obtainable. As verification of site visitation each bidder, or his/ her designated employee, shall be required to complete this Site Visit Validation Form and obtain the signature of an authorized District 2 representative for the facility where services are to be performed.

This form and the District 2 representative’s signature shall be submitted with the bid. In no event shall a failure to inspect the site constitute grounds for a claim after award of the contract.

The incumbent vendor shall be required to visit the site. The incumbent vendor shall list the current contract number on the Site Visit Validation Form and return with the bid response.

Due to Covid-19 Health at Work Guidelines, vendor will be required to call and set up an appointment to view the inside of the building. Vendors shall wear a face mask at all times during the site visit.

To schedule an appointment for a site visit call the Department of Highways District 2 (270) 824-7080 and ask for Sandy Nelson Monday – Friday between the hours of 8:00am-3:00pm(Central Time) or email her at Sandy.Nelson@ky.gov.

Pricing information shall not be made known in any form to agency representatives during the site visit. Failure to comply with these requirements shall render the bid non-responsive.

Failure to tour the facilities or obtain the appropriate signature shall result in the disqualification of the bid response.

Section 1 - Scope of Work - Service

Document Description Page 5 mailto:Sandy.Nelson@ky.gov

1.00 - Specifications of Service Requirements

This Solicitation is for janitorial service to be performed at:

Department of Transportation

District 2 Office Building

1840 North Main Street

Madisonville, KY 42431

Approximate square footage of building: 26,000

And any common space as indicated at that location. All janitorial closets, storage areas, stairwells, and mechanical rooms defined by the agency shall be included in this contract. Contractor shall provide an adequate number of personnel to clean the location mentioned above. Janitorial services shall be performed five nights per week, Monday through Friday between the hours of 4:00 p.m. and 10:00 p.m. Any change in the work hours must be approved prior to changing the hours. The facility shall be cleaned according to the following Specification and Frequency Schedule.

Department of Transportation Contact: Sandy Nelson, Fiscal Officer (270) 824-7080.

1.01 Specification and Frequency Schedule

A. Daily

1. Collect all trash (inside and outside), replace can liners as needed and take to specified area.

2. Spot clean any interior glass including front door and employees’ entrance doors.

3. Clean and sanitize (all) drinking fountains, vending machines, sink and appliances in break-room.

4. Sweep all floors, stairs and stairwells with dust control treated mops.

5. Spot clean carpets/floor mats as needed

6. Vacuum all carpeted areas including under the desks and in all cubicles.

7. Spot clean all walls -- as needed

8. Clean table, counter, sink and floor in Conference Room

9. Sweep floors in Maintenance closet

10. Toilet or Restrooms:

a. Clean and sanitize all toilet bowls, urinals and sinks.

b. Clean, sanitize and polish all chrome fittings.

Document Description Page 6

c. Clean and sanitize exterior sides of fixtures.

d. Clean and sanitize toilet seats.

e. Clean mirror glass.

f. Empty, clean and reline trash containers.

g. Dust and spot clean partitions.

h. Spot clean walls.

i. Clean walls, floors, and around fixtures.

j. Refill all dispensers (note: the supplies are to be furnished by the District Office.)

k. Clean floor drain grating – as needed.

l. Thoroughly mop and sanitize restroom floors.

B. Weekly

1. Dust all desks, chairs, tables and benches, etc. in all offices and public areas – vacuum if needed.

2. Dust countertops, filing cabinets, and desks only if District personnel have cleared the location.

3. Dust all surfaces, ledges, moldings, ducts, pipes, heating outlets, stair rails, interior doors and partitions, door kicks, push plates, handles, frames etc.

4. Damp clean ceiling vents.

5. Dust ceiling areas and corners.

6. Buff floors – preferably on the same day each week (Tuesday for example).

7. Clean out refrigerators the last Friday of each month. Any food or beverage not marked as “Keep” are to be disposed

8. Sweep and/or mop elevators.

9. Floor drain grating in all restrooms.

10. Clean and polish bright metal surfaces and window sills – weekly

11. Mop and buff with restorer– as needed.

12. Damp wipe vinyl baseboards – as needed.

13. Wet mop stairs and stair wells once a week.

14. Toilet or Restrooms

a. Dust low horizontal surfaces, ledges, sills, moldings, ducts, and radiators.

b. Dust high horizontal surfaces, moldings, ledges, ducts, pipes, and heating outlets.

c. Damp clean ceiling vents.

Document Description Page 7

d. Wash and sanitize entire walls, partitions, fixtures.

C. Monthly

1. Polish desks, chairs, chair legs/feet, tables, etc. – monthly unless otherwise noted by employee

2. Clean telephones

D. Semi-annual

1. Floors – Resilient:

Contractor shall be required to strip, seal and wax all floors (including stairs and stair wells) twice a year.

Contractor shall be required to use the six (6) step method (sweep, mop, strip, scrub, seal and wax) and shall use two (2) coats of sealer and four (4) coats of wax each time.

2. Floors – Carpet:

The contract holder shall clean all carpets twice a year. This service is to be included in the monthly janitorial rate that each vendor bids.

All carpet cleaning must be done by using the Extraction Method and approved by the Department of Transportation D-2.

Cleaning must be scheduled with, and inspected by, the Administrative Coordinator or his/ her designee of the Department of Transportation D-2 office to ensure satisfaction to the agency.

3. Window Blinds

All semi-annual cleaning shall take place in the second (2nd) month after the beginning of the contract and the eighth (8th) month of the contract. If optional renewals are granted, the contractor shall be required to strip and wax all floors in the second (2nd) and eighth (8th) months of each additional year.

Document Description Page 8

The vendor is responsible for moving and replacing all furniture, except file cabinets, storage cabinets, computers, and partitions or any other designated equipment or furniture requested by the Administrative Coordinator.

These services shall be included in the monthly janitorial rate bid by the vendor.

Failure to perform the semi-annual services will result in a penalty of 15% per month until cleaning is complete.

The contractor shall be required to inform the building supervisor of intended date for the above service at least 5 days in advance. The contractor is responsible for obtaining signature from building manager (or his/her designee) as documentation that the semi-annual cleaning has been successfully completed.

Form is attached.

E. Outside Areas:

Clean debris from porch areas and parking lots – as needed. Three parking lots: Front, Side, and Rear.

F. Windows:

Outside Windows shall be cleaned once per year, and spot cleaned daily.

Inside Windows shall be cleaned every 6 months, (the first within 60 days of award of contract), and spot cleaned daily.

1.02 General Information:

Prior to commencement of the contract, the successful bidder must schedule a walk-through meeting and review the performance criteria with a District 2 representative: Sandy Nelson, District 2 Fiscal Officer,

(270) 824-7080

Any and all complaints should first be addressed by the Building Manager and the vendor. If this does not succeed, final action will be taken by the Division of Purchases.

Any questions that cannot be answered by the building manager shall be directed to the KYTC Buyer. Any questions concerning payment for service shall be directed to the local building manager.

Contractor shall be issued keys to the facility necessary to perform cleaning tasks and shall agree to pay a fee to KYTC to cover all expenses associated with re-keying the facility if the contractor or his representatives lose the keys or not accounted for. The contractor agrees to abide by and to require their employees to adhere to the Cabinet’s “Key Control System” and conditions as outlined below:

Document Description Page 9

A. The contractor or his representatives shall not make or knowingly permit to be made, nor otherwise obtain, procure or provide any unauthorized copy or facsimiles of said key(s).

B. The loss of any such key(s) referred to under this section shall immediately be verbally reported to the proper authority of the facility/office and followed up by a detailed written report of the circumstances resulting in the loss.

C. The contractor or his representatives shall not permit any person the use of key(s) in their possession under any circumstance other than a bona fide emergency without the prior approval of the proper authority of the office.

D. The contractor shall agree to pay a fee of one hundred dollars ($100.00) for each cabinet key which may be issued to the contractor or to representatives of the contractor and which cannot be returned or accounted for to the satisfaction of the Cabinet’s authorized representative upon demand or upon termination of the contract. Keys duplicated by commercial locksmiths or by other means are not acceptable and such keys shall be considered as lost.

E. The contractor shall further agree that if by loss of the keys they are the type which jeopardizes the security of the entire facility/office or a sensitive part of the facility/office, the contractor agrees to pay for the total cost of re-keying or re-coring for the entire facility/office or the particular area affected.

1.03 General Requirements:

The contractor shall be completely responsible for satisfactorily managing and performing cleaning services necessary to assure a clean orderly condition of the service locations.

The services performed under this contract shall be subject to inspection and approval by a representative of D-2. A sample inspection form is attached to this solicitation.

The contractor shall provide a representative who shall be available in person or can be reached at a local telephone number during the operational hours of the Department of Transportation D-2 (7:30 a.m. to 4:30 p.m. Monday through Friday), except legal holidays for the purpose of service evaluation, complaints, scheduling of project work, etc. Failure to comply will result in request for the termination of contract.

A monthly janitorial inspection report will be filled-out by both the Department of Transportation D-2 on-site building manager and or his/her authorized designee and the vendor representative while performing a building walk -through. After the completion of the required monthly walk-through and corresponding janitorial inspection report, both the vendor representative and the Department of Transportation D-2 building manger or his/her on-site authorized designee shall be required to sign and date the inspection report verifying completion. It will be the responsibility of the local building manager to keep all original inspection reports on file for the duration of the contract. These inspections shall be completed each month.

Document Description Page 10

It shall be the vendor’s responsibility to schedule a time with the DOT D-2 on-site building manager or his/ her designee to complete the required monthly inspection reports. Any employee who is participating in janitorial services at the location cannot perform these inspections. Continued failure to comply with the completion of the monthly inspection reports shall result in the termination of the contract.

Contractor’s representative shall be required to make an on-site visit monthly to ensure that their employees are performing in accordance with the specifications and frequency schedule.

At the contract installation, the contractor shall furnish the building manager with a list of all employee names and their telephone numbers who are currently servicing this location. The contractor is responsible for keeping this list updated as to personnel changes. The contractor shall not hire state employees who are employed at the service location or immediate family members of any state employee who is employed at the service location to perform janitorial services.

All general requirements and responsibilities attached hereto and made part hereof this contract shall be strictly adhered to.

1.04 DOT District 2’s Responsibility

DOT District 2 will provide storage space for the contractor’s equipment and supplies. The contractor shall supply their own lock (if required) to secure the storage space.

Telephone service will not be provided by DOT D-2. Use of existing phones by contract personnel shall be strictly prohibited. DOT D-2 reserves the right to require the removal of any contract employee who disregards this prohibition.

DOT D-2 will provide such light and water and electricity as are necessary to perform the services. Contractor will use these facilities sparingly.

DOT D-2 shall provide its own bathroom supplies at each location.

Agency Representative(s): Sandy Nelson, District 2 Fiscal Officer (270) 824-7080

All performance and completion issues (inspections and approvals, etc.) concerning this contract will be coordinated by Sandy Nelson, District 2 Fiscal Officer (270) 824-7080

1.05 Contractor’s Responsibility: (Successful Bidder)

Contractor shall be held responsible for satisfactory work in accordance with the intent of the specifications.

Contractor’s representative shall be required to make an on-site visit monthly to inspect the facility to ensure that their employee(s) are performing to the specifications and frequency schedule.

Document Description Page 11

Contractor shall screen his employees in order to determine as well as is possible their honesty.

Contractor shall have their employee’s sign a Confidentiality/Security Agreement/Internet/Intranet, E-mail and Electronic Policies and Procedures Form. Contractor shall forward a copy of such form to building manager within two weeks of contract start date or within two weeks of new employees’ start date of service.

Failure to comply may result in contract cancellation. All employees shall be at least 18 years of age unless approved by the Administrative Coordinator.

Contractor shall be responsible for any breakage, damage or loss through carelessness, and shall also be responsible for locking doors and turning off lights as directed by the Agency.

Routine inspections of the entire facility shall be made by the agency. Minor deficiencies shall be corrected within forty-eight (48) hours. If this schedule for corrections in not met, a vendor complaint shall be submitted.

If a second complaint is necessary during the year of the contract, Department of Transportation D-2 will forward a request for contract termination.

Contractor Representative: Contractor shall indicate in the space provided the names of the persons (including phone number and address) responsible for the coordination of all performance issues under the contact.

Primary Contact Secondary Contact

Name:

Title:

Agency:

Office Phone:

Cell Phone:

Address:

City, State, Zip:

E-mail:

1.06-Changes in Specifications:

The customer reserves the right to change the specifications at anytime. In this event, contractor and customer shall negotiate what price adjustments are to be made. The KYTC Division of Purchases shall make any changes in the contract specifications.

1.07 Safety of Persons and Property

For service contracts, 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 solicitation or caused by agents or employees of the Owner. He shall adequately protect adjacent property as provided by law and the Contract.

Document Description Page 12

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.

1.08– Insurance Requirements

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 verification. Failure to meet this requirement may result in the bid being deemed non-responsive.

Section 2 - Terms and Conditions of the Contract

2.00 – Scope of the Contract

The Kentucky Transportation Cabinet Division of Purchases issues this solicitation on behalf of the Department of Highways to award a master agreement contract for: Janitorial Service District 2

2.01 - Contract Components and Order of Precedence

The Commonwealth’s acceptance of the offer indicated by the issuance of an Award by the KYTC Division of Purchases shall create a valid Master Agreement consisting of the following:

Document Description Page 13

2000000704 Janitorial Services District 2 http://insurance.ky.gov/company http://insurance.ky.gov/company http://www.ambest.com

1. The written Master Agreement 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.

2.02 - Initial Contract Period

The Master Agreement will be for the initial period of one year.

2.03 - Optional Renewal Period

This Master Agreement may be extended at the completion of the initial contract period for four (4) additional one-year periods. This extension must have the written approval of the vendor and the KYTC Division of Purchases. The Commonwealth of Kentucky reserves the right to renegotiate any terms and/ or conditions as may be necessary to meet requirements for the extended period. The vendor will be advised of any proposed revisions prior to the renewal periods. In the event proposed revisions cannot be agreed upon, either party shall have the right to withdraw without prejudice from either exercising the option or continuing the contract in an extended period.

2.04 - Divisions/Agencies to Be Served

This contract shall be for use by the following Divisions/Agencies of the Kentucky Transportation Cabinet:

District 2

No shipments or services are authorized until an official Delivery Order has been fully processed by an authorized agency.

2.05 - Quantity Basis of Contract

Any and all quantities mentioned in this solicitation are purely estimates, and are not to be implied nor inferred as being guarantees. The State is obligated to buy only that quantity needed by its agencies during the term of the contract. Requirements may exceed the quantities shown and the contractor will be required to furnish all requirements shown on Delivery Orders dated during the life of the contract.

2.06 - Exception to Required Use of Contract

The establishment of this Master Agreement is not intended to preclude the use of similar products when requested by the agency. The Commonwealth of Kentucky reserves the right to acquire large requirements through other competitive processes.

2.07 - Basis of Price Revisions

Document Description Page 14

PRICE ADJUSTMENTS: Unless otherwise specified, the prices established by the Master Agreement shall be firm for the contract period subject to the following:

A. Price Increases: A price increase will not be allowed during the first twelve (12) months of the contract. Only one price increase will be allowed during the contract period. The price increase must be based on industry wide price changes. The contract holder must request in writing a price increase at least thirty (30) days prior to the effective date, and shall provide firm proof that the price increase(s) is justified. The KYTC Division of Purchases may request additional information or justification. If the price increase is denied, the contract holder may withdraw from the contract without prejudice upon written notice and approval by the KYTC Division of Purchases. Notice of withdrawal must be provided a minimum of forty-five (45) days prior to the effective date however the vendor must continue service at the contract prices until a new contract can be established (usually within sixty (60) days).

B. Price Decreases: The contract price shall be reduced to reflect any industry wide price decreases.

The contract holder is required to furnish the KYTC Division of Purchases with notice of any price decreases as soon as such decreases are available.

C. Extended Contract Periods: If the contract provides for an optional renewal period, a price adjustment may be granted at the time the contract is renewed, subject to price increase justification as required “A. Price Increases”. One (1) additional price increase may be granted during the extended contract period. This price increase will not be allowed during the first six (6) months of the extended contract period and will be subject to the conditions in “A” above.

2.08 - Addition or Deletion of Items or Services

The KYTC Division of Purchases reserves the right to add new and similar items, with the consent of the vendor, to the contract. If an addition is agreeable to both parties, the KYTC Division of Purchases will issue a Modification. Until such time as the vendor receives a Modification, the vendor shall not accept Delivery Orders from any agency referencing such items or services.

2.09 - Changes and Modifications to the Contract

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.

2.10 - Reduction in Contract Worker Hours/Employee Furlough

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.

2.11 - Basis of Shipment

Quotations of unit prices on this solicitation shall be F.O.B. Destination Freight Prepaid and Allowed 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.

2.12 - Notices

Document Description Page 15

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: 502-564-4630

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.

2.13 - Response Time

Response at the earliest possible date is desired.

2.14 - Inspection

All supplies, equipment and services shall be subject to inspection or tests by the Commonwealth prior to acceptance. In the event supplies, equipment or services are defective in material or workmanship or otherwise not in conformity with specified requirements, the Commonwealth shall have the right to reject the items or services or require acceptable correction at the vendor’s expense.

2.15 - Invoices

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 Delivery Order number;

b. Item numbers;

c. Description of supplies or services;

d. Sizes;

e. Quantities;

f. Service Dates;

g. Unit prices; and

h. Extended totals.

Document Description Page 16

2.16 - Payments

The vendor shall be paid, upon the submission of proper invoices to the receiving agency at the prices stipulated for the supplies delivered and accepted, or services rendered. Unless otherwise specified, payment will not be made for partial deliveries accepted. Payments will be made within thirty (30) working days after receipt of goods and vendor’s invoice in accordance with KRS 45.453 and KRS 45.454. 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.

2.17 - Vendor’s Report

The vendor(s) may be asked to furnish the KYTC Division of Purchases, a report showing volume which has been sold to the Commonwealth and its using agencies each six (6) months of the contract period.

The report will include political subdivisions and university purchases. This report may be the vendor’s computer printout sheet or form. This shall apply to all items, which are to become a part of this contract.

This report must reference usage by brief description, product number or other format designated by the KYTC Division of Purchases.

2.18 - Post Contract Agreements

The Master Agreement 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. 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.

2.19#Subcontracts

The contractor is permitted to make subcontract(s) with any other party for furnishing any of the work or services herein. The contractor shall be solely responsible for performance of the entire contract whether or not subcontractors are used. The Commonwealth shall not be involved in the relationship between the prime contractor and the subcontractor. Any issues that arise as a result of this relationship shall be resolved by the prime contractor.

All references to the contractor shall be construed to encompass both the contractor and any subcontractors of the contractor.

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 applicable Federal, State, and Local laws, regulation, mandates, and terms of this solicitation and resulting contract.

2.20 - Service Performance

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.

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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.

2.21 - Assignment

The vendor shall not assign this Master Agreement in whole or in part to another vendor at any time during the initial or optional renewal terms of the contract, without the consent, guidance and approval of the Commonwealth. Any assignment hereunder entered into, subsequent to the execution of the contract with the prime vendor, must be annotated and approved by the Commonwealth. Any purported assignment without this consent shall be null and void.

2.22 – Ethics Compliance

Contractor certifies that contractor and its employees will not offer or provide gifts to KYTC employees in excess of $25.00 in any single calendar year as defined in KRS 11A.045 (1) and KYTC General Administration and Personnel Policy GAP-808. Moreover, contractor certifies that contractor and its employees will not offer any ticket to a sporting event to a KYTC employee without being reimbursed the face value amount for said ticket as defined in KRS 11A.045 (2).

It is agreed and understood that non-compliance with the above provisions may result in the suspension of vendor procurement participation, contract termination, and/or debarment.

2.23 - Termination of Contracts

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.

2.24 - Endorsements

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.

2.25 - Registration with the Secretary of State by a Foreign Entity

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.

Businesses can register with the Secretary of State at https://secure.kentucky.gov/sos/ftbr/welcome.aspx

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2.26 - Discrimination:

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 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 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.

2.27 - Kentucky Sales and Use Taxes

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

2.28 - Extension Period

This contract may be extended at the termination of all contract renewal periods for additional time not to exceed 90 days. This extension must be accompanied by the written approval of the vendor and the Division of Purchases

2.29 – Extension to Other Agencies

The Division of Purchases reserves the right, with the consent of the vendor, to offer this master agreement to other state agencies who may have need for the product(s) and/or service(s). Each state agency must obtain prior approval from the Finance Cabinet Office of Procurement Services.

If Contracts are used by state agencies other than the Transportation Cabinet, such responsibilities will be assumed by the user agency. All billing and payments for materials/services purchased from an agreement will be directly between the user agencies and Vendors.

2.30 - Extension to Political Subdivisions

The Division of Purchases reserves the right, with the consent of the vendor, to offer this master agreement to political subdivisions and local government entities who may have need for the product(s) and/or service(s). Prior approval from the Finance Cabinet is not required.

If Contracts are used by political subdivisions, such responsibilities will be assumed by the user agency.

All billing and payments for materials/services purchased from an agreement will be directly between the user agencies and Vendors.

2.31 - Access to Records

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.

2.32 - Records Retention

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 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

Document Description Page 20 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.

2.33 - Governing Law

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.

Section 3 - General Information

3.00 - Issuing Office

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

3.01 - Restrictions on Communications

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

502 / 782-3981

Fax – 502 / 564-7069

E-mail –…