Final_RFB_605_2100000246_1_SO_FORM.PDF

Document ID: RFB 605 2100000246 Page: 1

Commonwealth of Kentucky

SOLICITATION

Addenda: No Addenda #:

TITLE: Erosion Control Products Rebid

Date Issued:

11/4/20 Record Date:

2020-11-04

Solicitation Closes Date:

11/18/20 Time:

10:00

Solicitation No:

RFB 605 2100000246

Online Bidding Prohibited: Yes

For Information Call:

Amanda Lewis 502-782-4003

Bid Receiving Location:

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

Vendor Customer Number:

Vendor Name:

Phone Number:

Fax Number:

Email Address:

Ordering

Address:

City, State, Zip:

Contact Name:

Contact Email:

Contact Phone Number:

Payment

Address:

City, State, Zip:

Contact Name:

Contact Email:

Contact Phone Number:

Ownership Type

__ Sole Proprietorship __ Partnership __ Corporation __ Other_________________________

SIGNATURE OF AUTHORIZED AGENT IS REQUIRED UNLESS RESPONSE

IS SUBMITTED ELECTRONICALLY. FAILURE TO SIGN SHALL RENDER

THE BID INVALID.

Signature X_________________________________________ FEIN#____________________ Date____________

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

Document ID: RFB 605 2100000246 Page: 2

Line Items

Commodity Group: Default Commodity Group

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

1 Liquid Lime 50.00000 GAL

Comm Code Comm Description Manufacturer Model # Manuf Part #

33548 Limestone, Agricultural

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 2100000246 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, 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.

Liquid Lime product must consist of a liquid suspension of finely ground limestone containing a minimum of 95% calcium carbonate capable of passing through a 325 mesh screen.

One gallon of the product must have a neutralizing capacity equal to a minimum of 1,340 pounds of agricultural lime.

For bidding purposes, vendors must provide prices per gallon however upon award the line item will be awarded per EACH Container.

Product will be provided in _____ Gallon containers.

Vendors must submit bid pricing on the attached bid sheets.

Document ID: RFB 605 2100000246 Page: 3

2 Hydroseeding Dye 100.00000 LB

18042 Dyes and Pigments

Extended Description Product must be a green water-soluble dye for use in hydro seeders.

For bidding purposes, vendors must provide prices per pound however upon award the line item will be awarded per EACH package.

Product will be provided in ____ Pound packages.

3 Biodegradable Blanket Pins 500.00000 EA

08585 Soil Erosion Sheeting Material (To Include Silt Fencing): As

Extended Description Blanket pin must be made of biodegradable resin being environmentally safe. The pins must be a minimum of 6 inches in length with a tee designed top, pointed base with notches approximately 2 inches up from the base.

For bidding purposes, vendors must provide prices per each pin however upon award the line item will be awarded per EACH box.

____ Pins will be provided in each box.

4 Reinforcement Matting - 0.5 lbs/sqyd 400.00000 SQYD

Reinforcement matting of UV (rot proof polymer) with a minimum standard weight of 0.5 pound per square yard, be green in color, and be resistant to both chemical and fungi.

Mesh size cannot be larger than 55mm x 55mm, and no smaller than 15mm x 15mm.

Bid unit price is per SQYD.

Document ID: RFB 605 2100000246 Page: 4

5 Reinforcement Matting - 0.75 lbs/sqyd 400.00000 SQYD

Reinforcement matting of UV (rot proof polymer) with a minimum premium weight of 0.75 pound per square yard, be green in color, and be resistant to both chemical and fungi.

Mesh size cannot be larger than 55mm x 55mm, and no smaller than 15mm x 15mm.

Bid unit price is per SQYD.

6 Silt Fence - 24" wide 200.00000 SQFT

Silt fence constructed of black polypropylene with 300 pound warp x 200 fill tensile strength, mullen burst of 450 pounds.

Sizing is 24 inches wide by 100 feet long, with oak hardwood stakes 48 inches long on 8 foot centers.

For bidding purposes, vendors must provide prices per Square Foot however upon award the line item will be awarded per EACH roll.

Product will be provided in ____ Square Feet per Roll.

7 Silt Fence - 36" wide 200.00000 SQFT

Silt fence constructed of black polypropylene with 300 pound warp x 200 fill tensile strength, mullen burst of 450 pounds.

Sizing is 36 inches wide by 100 feet long, with oak hardwood stakes 48 inches long on 8 foot centers.

For bidding purposes, vendors must provide prices per Square Foot however upon award the line item will be awarded per EACH roll.

Document ID: RFB 605 2100000246 Page: 5

Product will be provided in ____ Square Feet per Roll.

8 Tackifier 100.00000 LB

Tackifier Product must consist of a soluble mixture of highly adhesive polymers and minerals to provide adhesion of mulch, seed, and straw. Product must be environmentally safe and biodegradable, and comply with section 827.06 of 2019 Standard Specifications for Road and Bridge Construction.

For bidding purposes, vendors must provide prices per Pound however upon award the line item will be awarded per EACH Bag.

Product will be provided in ______ Pounds per Bag.

9 Paper Mulch 600.00000 LB

Paper Mulch-Product must consist of a biodegradable paper mulch material suitable for use in a hydro seeder which contains a minimum of 80% recycled paper fiber with a maximum moisture content of 15%, a pH of 6.5 (+ / - 1%), and be nontoxic, and comply with 212.03.03 B) of the 2019 Standard Specifications for Road and Bridge Construction.

For bidding purposes, vendors must provide prices per Pound however upon award the line item will be awarded per EACH Bag.

Product will be provided in ____ Pounds per Bag.

10 Paper and Wood Mulch 1500.00000 LB

Paper and wood mulch product consisting of a blend of 30% recycled paper and 70% virgin wood fiber with a maximum moisture content of 15%, a pH of 6.5 (+ / - 1 %), and be nontoxic.

Document ID: RFB 605 2100000246 Page: 6

For bidding purposes, vendors must provide prices per Pound however upon award the line item will be awarded per EACH Bag.

Product will be provided in ____ Pounds per Bag.

11 Erosion Control Blanket - single net 50000.00000 SQYD

Single net erosion control blanket must be single net, of a photodegradable polypropylene material (green or white-UV degrader additive top side).

For bidding purposes, vendors must provide prices per Square Yard however upon award the line item will be awarded per EACH roll.

Product will be provided in ____ Square Yards per Roll.

12 Erosion Control Blanket - double net 90000.00000 SQYD

Double net erosion control blanket must be double net, of a photodegradable polypropylene material (green or white-UV degrader additive top side).

This specified fabric must meet the minimum specifications as defined in the Kentucky Transportation Cabinet 2019 Standard Specification for Road and Bridge Construction in Section 827.

For bidding purposes, vendors must provide prices per Square Yard however upon award the line item will be awarded per EACH roll.

Product will be provided in ____ Square Yards per Roll.

Document ID: RFB 605 2100000246 Page: 7

13 Filter Filtration Tubes 2000.00000 LNFT

Biodegradable sediment filtration tubes, net reinforced material with composited of refined wood fibers or weed free straw approximately 9 inches diameter, and a minimum of 20 feet in length.

For bidding purposes, vendors must provide prices per Linear Foot however upon award the line item will be awarded per EACH.

Product will be provided in ____ Linear Feet per package.

14 Hardwood Stakes 2000.00000 EA

54084 Shakes and Shims, Wood

Extended Description Hardwood stakes sharpened to a point on one end. Minimum 1.50 inch x 1.50 inches x 48 inches long. Section 827.08 A) of 2019 Standard Specifications for Road and Bridge Construction.

For bidding purposes, vendors must provide prices for EACH Stake however upon award the line item will be awarded per EACH bundle.

_____ Stakes will be provided in EACH bundle.

15 Sand Bags 500.00000 EA

08545 Bags: Nylon, Polyester, Polypropylene

Extended Description Sand bags 14 inches x 26 inches with coir twine tie.

For bidding purposes, vendors must provide prices for EACH sand bag however upon award the line item will be awarded per EACH Bundle.

________Sand Bags will be provided in EACH Bundle

Document ID: RFB 605 2100000246 Page: 8

16 Geotextile Fabric Class 1 10000.00000 SQYD

This specified fabric must meet the minimum specifications as defined in the Kentucky Transportation Cabinet 2019 Standard Specification for Road and Bridge Construction in Section 843.

For bidding purposes, vendors must provide prices per Square Yard however upon award the line item will be awarded per Roll.

Product will be provided in __________ Square Yards per Roll.

17 Geotextile Fabric Class 2 2000.00000 SQYD

This specified fabric must meet the minimum specifications as defined in the Kentucky Transportation Cabinet 2019 Standard Specification for Road and Bridge Construction in Section 843.

For bidding purposes, vendors must provide prices per Square Yard however upon award the line item will be awarded per Roll.

18 Erosion Control Sock 1000.00000 LNFT

Erosion Control Sock pre-filled with compost and be minimum 8 foot x 9 inches.

For bidding purposes, vendors must provide prices per Linear Foot however upon award the line item will be awarded per EACH.

Product will be provided in __________ Linear foot per Sock.

Document ID: RFB 605 2100000246 Page: 9

19 Fastener Pins 3500.00000 EA

The fastener pins shall be of 3/16 inch diameter or heavier steel, pointed on one end with a head on the opposite end to retain a washer with a minimum diameter of 1 1/2 inches.

For bidding purposes, vendors must provide prices per each pin however upon award the line item will be awarded per EACH box.

_________ Pins will be provided in each box.

20 GX-800 Geogrid 4000.00000 SQYD

GX-800 Geogrid roll. See attachment for product specifications.

For bidding purposes, vendors must provide prices per Square Yard however upon award the line item will be awarded per Roll.

21 Flexterra 6000.00000 LB

A flexible growth medium for hydraulically applied flexible erosion control blanket.

For bidding purposes, vendors must provide prices per Pound however upon award the line item will be awarded per Bag.

Product will be provided in __________ Pounds per Bag.

Document ID: RFB 605 2100000246 Page: 10

22 BX - 1200 Geogrid 30.00000 RL

Material must be provided in a recommended roll size of 13.1' X 246'. See attached specification sheet.

Bid unit price is per roll.

23 Geotextile Fabric Type 3 500.00000 SQYD

This specified fabric must meet the minimum specifications as defined in the Kentucky Transportation Cabinet 2019 Standard Specification for Road and Bridge Construction in Section 843.

For bidding purposes, vendors must provide prices per Square Yard however upon award the line item will be awarded per Roll.

24 Geotextile Fabric Type IV 500.00000 SQYD

This specified fabric must meet the minimum specifications as defined in the Kentucky Transportation Cabinet 2019 Standard Specification for Road and Bridge Construction in Section 843.

For bidding purposes, vendors must provide prices per Square Yard however upon award the line item will be awarded per Roll.

Document ID: RFB 605 2100000246 Page: 11

Shipping Information Various Shipping

See Extended Description

Various KY

Billing Information Various Billing

See Extended Description

Various KY

Document ID: RFB 605 2100000246 Page: 12

Submission Checklist

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

Item Lowest price receives the maximum number of points.

Least number of delivery days receives maximum points.

ALL bid submissions SHALL be submitted electronically to KYTC.Bids@ky.gov. Bids will no longer be accepted by mail using US Postal Service, UPS, Fed Ex or hand delivered/dropped off to the Transportation Cabinet.

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)

_____ BID SHEET(S) for each Zone you wish to Bid (See Attachments)

All other items MUST be submitted prior to award.

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

ENTITY (See Section 2.23)

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

_____ PACKAGING INFORMATION PER EACH LINE ITEM

_____ PRODUCT LITERATURE PER EACH ITEM BID

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 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.

Section 1-Specifications-Commodity

1.00-Specifications of Commodity

The awarded Master Agreement(s) from this solicitation will be for the purchase of Erosion Control Products for use in the Kentucky Transportation Cabinet Vegetation Management Program.

All items are grouped by Zones as follows with award made for the best offer for each zone:

Zone 1 = Districts 1, 2, & 3 Zone 2 = Districts 4, 5, & 7 Zone 3 = Districts 6, 9, & 10 Zone 4 = Districts 8, 11, & 12

Vendors are not required to bid all Zones but must bid all line items within a Zone to be considered for award. Vendor must submit bids on the attached bid sheets.

Award of master agreement(s) will be made by zone.

The unit bid price quoted will be F.O.B. to the designated delivery point, Document Description Page 13

2100000246 Erosion Control Products Rebid mailto:KYTC.Bids@ky.gov http://finance.ky.gov/services/policies

Except as provided herein, all requirements shall conform to the Kentucky Transportation Cabinet’s 2019 Standard Specifications for Road and Bridge Construction. Section references are to the Standard Specifications. The term “Vendor” as applied to this contract shall be understood to be synonymous with the term “Contractor” as applied to the Standard Specifications.

A link to the Standard Specifications can be found at:

http://transportation.ky.gov/Construction/Pages/Kentucky-Standard-Specifications.aspx Delivery of the erosion control products will be made within the guaranteed delivery period following the receipt of a Transportation Delivery Order. Each Transportation Delivery Order will designate the point of destination and the appropriate invoice address. Delivery Orders placed in a manner other than hard copy will be confirmed as hard copy.

Geotextile fabric shall be pre-tested prior to shipment and accepted in accordance with the Transportation Cabinet’s Sampling Manual. Fastener pins will be accepted based on visual inspection by the Engineer.

When materials fail to meet specifications and are rejected by the Engineer, the Vendor shall pay all charges occurring as a result of the failure.

Vendors must notify each point of destination the approximate time of delivery a minimum of twenty-four

(24) hours prior to delivery. Failure to give such notice may result in the vendors’ truck having to wait for the availability of personnel for unloading.

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 Division of Maintenance to award a master agreement contract for: Erosion Control Products Rebid

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:

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 upon award and will expire September 30, 2021.

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:

Document Description Page 14 http://transportation.ky.gov/Construction/Pages/Kentucky-Standard-Specifications.aspx

Division of Maintenance and Districts 1-12

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

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-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.

Document Description Page 15

2.11-Notices

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

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

From the issue date of this solicitation until a Contractor(s) is selected and the selection is announced, Offerors are not permitted to communicate with any Commonwealth staff concerning this solicitation After the award of a contract, all programmatic communications are to be made to the Agency Contact Person identified in the contract document with a copy to the Division of Purchases Buyer.

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

2.12-Deliveries

Delivery at the earliest possible date is desired.

Vendor guarantees delivery of all requested items within ___________ calendar days after receipt of Delivery Order.

The Vendor agrees that when delivery is not made within the contracted due date, one percent (1%) per day shall be deducted from the Vendor’s invoice for each day the Vendor fails to meet the contracted delivery date.

The Vendor is not responsible for, and shall not be penalized for delays in its delivery when caused by factors or events outside Vendor’s control, including but not limited to acts or omissions of the Commonwealth or third parties, acts of civil or military authority, civil disturbance, war, terrorism, pandemics, explosions, fire, floods, tornadoes or other natural disasters or acts of God.

2.13-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.

2.14-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.

2.15-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

Document Description Page 16 mailto:Amanda.Lewis2@ky.gov 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.

2.16-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.

2.17-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.

2.18-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.

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.

2.19-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.

2.20-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.

2.21-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.

2.22-Endorsements

Document Description Page 17

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.

2.23-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

2.24-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

Document Description Page 18 https://secure.kentucky.gov/sos/ftbr/welcome.aspx

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.

2.25-Kentucky Sales and Use Taxes

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

2.26-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

2.27-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.

2.28-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.

2.29-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.

2.30-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

Document Description Page 19

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.

2.31-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:

Amanda Lewis Phone: 502-564-4630 Fax: 502-564-7069 E-mail: Amanda.Lewis2@ky.gov

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

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

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

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

The Commonwealth reserves the right to reject the bid response for any violation of this provision.

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

3.02-Schedule of RFB Activities 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/time 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.

November 09, 2020 by 3:30pm

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

November 10, 2020 by 7:00pm

Bids due by 10:00 AM Notice to Vendors:

See page 1 for Closing Date.

Document Description Page 20 mailto:Amanda.Lewis2@ky.gov

NEW – Effective 9-8-20 ALL bid submissions SHALL be submitted electronically to KYTC.Bids@ky.gov. Bids will no longer be accepted by mail using US Postal Service, UPS, Fed Ex or hand delivered/dropped off to the Transportation Cabinet.

Tentative Award Date November 23, 2020

NOTE: All times referenced are Eastern Time Zone

3.03-Access to Solicitation and Solicitation Addenda 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 HYPERLINK "http://listserv.ky.gov/t/2406500/9430320/146/2/"

To view/download Solicitation documents from the Kentucky Vendor Self Service site Please note: It is not necessary to register to access the solicitations. Unregistered vendors can access the solicitations by clicking on guest access.

Step 1-Click Guest Access- located on the left of the screen, You will be taken directly to list of solicitations organized by closing date.

Step 2-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.

Step 3-Click the details button under the RFB/RFP document number

Step 4-Click the Attachments tab to see all attachments related to that particular solicitation document

Step 5-Click the link for each file name, a new window will appear, click open to open/view the file.

Once the file opens, click the print icon to print that file attachment. Close that file attachment then repeat steps to open and print each different file attachment. It is the vendor’s responsibility to view and/or print all file attachments for a solicitation document.

Please note: Some solicitations may have multiple file attachments. Check this web site periodically for any updates that may be posted to the Solicitation. It is the responsibility of the vendor to obtain copies of all information and forms.

3.04 - Bid Submission Requirements

On the Solicitation front page, complete the boxes for the vendor information including the ordering and payment addresses.

Vendors shall submit bids electronically to KYTC.Bids@ky.gov

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 2000000246” 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.

Document Description Page 21

2100000246 Erosion Control Products Rebid mailto:KYTC.Bids@ky.gov mailto:KYTC.Bids@ky.gov mailto:KYTC.Bids@ky.gov mailto:**KYTC.Bids@ky.gov

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, 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.

Mailed (using any mail carrier) and Fax Bid Response copies are NOT acceptable for this RFB and shall be considered non-responsive.

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

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

3.05-Acknowledgment of Addenda to Solicitations

It is the vendor's responsibility to check the web site for any modifications to this solicitation. Vendors are encouraged to acknowledge each addendum by signing and submitting the latest addendum with their response. However, signing the face of the solicitation as indicated above constitutes the vendor’s acknowledgement of and agreement to be bound by the terms of all addenda issued.

Failure to specifically acknowledge addenda will not excuse the vendor from adhering to all changes to the requirements of the solicitation set forth therein nor provide justification for any pricing changes.

3.06-Modification or Withdrawal of Bids

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

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

3.07-E-Procurement Award Notification

To view the Award of Contract(s) and the Contractor(s) receiving the Award(s) for a Solicitation, access the Kentucky Vendor Self Service site at http://emarsprdbtch3111d.state.ky.us/webapp/ vssprdbtch3111d1/AltSelfService

Step 1-Click Guest Access- located on the left of the screen. You will be taken directly to list of solicitations organized by closing date.

Step 2-Vendors can search for the solicitation title or number in the keyword search field, or can filter their search by only awarded solicitations by clicking on Advanced Search and changing the Status to Awarded.

Step 3-The Award(s) information can be accessed by clicking on the Details button of the solicitation and clicking the Notice of Award tab. To see all bidders’ pricing click on the Public Bid Reading tab. The Public Bid Reading Tab will not be visible until the buyer has finalized the evaluation and an award has been made.

3.08-Vendor Terms and Conditions

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

The Commonwealth of Kentucky shall not be bound by any part(s) of the bidder’s response to this solicitation that contains information, options, conditions, terms, or prices neither requested nor required in the solicitation. In the event of any conflicts between the specifications, terms and conditions

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2100000246 Erosion Control Products Rebid http://emarsprdbtch3111d.state.ky.us/webapp/vssprdbtch3111d1/AltSelfService http://emarsprdbtch3111d.state.ky.us/webapp/vssprdbtch3111d1/AltSelfService indicated by the Commonwealth and those indicated by the contractor, those of the Commonwealth take precedence.