Final_RFB_605_2100000317_2_SO_FORM.PDF

Document ID: RFB 605 2100000317 Page: 1

Commonwealth of Kentucky

SOLICITATION MODIFICATION

Addenda: Yes Addenda #: 2

TITLE: Polyethylene (PE) Liner Pipe

Date Issued:

1/22/21 Record Date:

2021-01-22

Solicitation Closes Date:

1/29/21 Time:

10:00

Solicitation No:

RFB 605 2100000317

Online Bidding Prohibited: Yes

For Information Call:

Brandon Milby 502-782-3979

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 2100000317 Page: 2

Line Items

Commodity Group: Default Commodity Group

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

1 Polyethylene (PE) Liner Pipe 1000.00000 LNFT

Comm Code Comm Description Manufacturer Model # Manuf Part #

65858 Pipe, Polyethylene

Extended Description 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.

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 2100000317" 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.

Award will be based on evaluation by District. Vendors are not required to bid all Districts, however must bid on all lines within a District to be considered for award. Vendors that do not bid all lines within a District must be rejected and deemed non-responsive.

See Section 1 for Specifications.

Shipping Information KYTC Project Site

Project Site

N/A KY

Billing Information KYTC Division of Maintenance

200 Mero Street 3rd Floor Frankfort KY 40622

Document ID: RFB 605 2100000317 Page: 3

Submission Checklist

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

Item The bidder with the best price receives maximum points.

1/22/2021 Addendum 1- To revise Attachment F-Bid Sheet.

This addendum has been issued to revise pipe sizes and unit of measurement on Attachment F- Bid Sheet.

The bid due date and time remains January 29, 2021 10:00 am EST.

Award will be based on evaluation by District. Vendors are not required to bid all Districts, however must bid on all lines within a District to be considered for award. Vendors that do not bid all lines within a District must be rejected and deemed non-responsive.

NEW – Effective 9-8-20 ALL bid submissions MUST 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 MUST NOT be considered for award.

_____ FACE OF SOLICITATION – SIGNED (See Section 3.04)

_____ BID INFORMATION – COMPLETED (See Section 5.00)

_____ATTACHMENT F- BID SHEET

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 must comply with the terms and conditions stated in the solicitation.

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

The General Conditions and Instructions for Solicitations and Contracts must 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 must be deemed to have assented to these conditions by the act of bidding.

Section 1 - Scope of Work - Service

1.00 - Specifications of Service Requirements

Document Description Page 4

2100000317 Polyethylene (PE) Liner Pipe mailto:KYTC.Bids@ky.gov

Material Specifications

Except as provided herein, conform to all requirements of AASHTO Designation: M 326-08 and ASTM Designation: F894 as specified by size in contract.

Method of Measurement

Polyethylene pipe liner will be measured in linear feet. Specific pipe lengths will be determined by the Department on each Delivery Order.

Polyethylene Pipe (Attachment F- Bid Sheet Items 1-22, 44-48)

Vendor must provide one trained and experienced technician to assist engineer during the planning process to determine needed pipe size (length and diameter) and to help determine blocking and grout tube placement. This will be provided at no cost to KYTC.

The expense of the trainer and technician, material, and equipment needed for the joining/connecting of the liner pipe sections using extrusion welded joints will be supplied by the vendor. The sections will be welded/glued on the inside and outside of the pipe. This will be incidental to the cost of the pipe.

Grout (Attachment F- Bid Sheet Items 23-37)

Grout must meet specifications of the 2019 Kentucky Standard Specifications for Road and Bridge Construction.

https://transportation.ky.gov/Construction/StdSpecsWSupplSpecs/2019%20Standard%20Spec%20with %20Supplemental%20Spec%20July%202020%20rev%2020200617.pdf

Grout ingredients and proportions may be adjusted by the Engineer to meet field conditions. Work must include installing grout material into annular space between existing pipe and pipe liner. KYTC personnel will be responsible for providing any needed traffic control, constructing bulkheads, vent tubes, grout tubes and blocking if needed. Contractor/ Vendor must provide a concrete pump and air foam generator to deliver desired pressure and material as determined by the engineer. Contractor/ Vendor must supply at least two trained and experienced technicians per job. Contractor/ Vendor must ensure all voids are filled by pumping grout from upstream or downstream of culvert and continue pumping until grout is expelled from the highest vent pipe on the inlet end. The Contractor/ Vendor must take appropriate precautions to avoid over pressurization, buckling, and floating of the pipe liner during the grouting process. Pressure on the annular void must not exceed 2 psi to avoid damage to the pipe liner. The Contractor/ Vendor must be solely responsible for any damage or distortion of the pipe liner due to the grouting process. The Contractor/ Vendor must comply with the pipe manufacturer’s recommendations for grouting procedures. Multiple grout lifts may be required to avoid buckling the liner pipe. The Contractor/ Vendor must take all necessary precautions to protect and preserve the interior of the pipe from damage.

Spills must be minimized and cleaned up immediately. Any damage to the pipe caused by or occurring during the grouting operation must be repaired by a method approved by the Engineer at no additional cost to the Cabinet.

Oval Male and Female Machined Head HDPE Pipe (Attachment F- Bid Sheet Items 38-43)

Pipe connects with a male and female “Bell and Spigot fitting,” machined head at each end of the pipe. Pipe compatible with low-density cellular grout. Watertight seal at all joints, meting ASTM D3212 requirements. Must Meet AASHTO standard M326.

1.01 - Federal Language

Not applicable.

1.02 - Prevailing Wage Rates

Not applicable.

Document Description Page 5

1.03– Insurance Requirements

The successful bidder must 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 must 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 must be grounds for cancellation of the contract.

The successful bidder must provide an up-to-date copy of the certificate upon renewal of the policy.

Failure to do so must result in cancellation of the contract.

The insurance must be endorsed to state that coverage must 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 must be in compliance with the laws of the Commonwealth of Kentucky and must 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 must 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 Division of Maintenance to award a master agreement contract for: Polyethylene Liner Pipe

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 must create a valid Master Agreement consisting of the following:

1. The written Master Agreement between the Parties;

Document Description Page 6

2100000317 Polyethylene (PE) Liner Pipe http://insurance.ky.gov/company http://insurance.ky.gov/company http://www.ambest.com

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 must 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 to begin March 1, 2021 to expire February 28, 2022.

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 must 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 must be for use by the following Divisions/Agencies of the Kentucky Transportation Cabinet:

Division of Maintenance, Highway 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 must be firm for the contract period subject to the following:

Document Description Page 7

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 must 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 must 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 must 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 must 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 must report the matter promptly to the KYTC Division of Purchases for consideration and decision. All contract modifications must 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 must be F.O.B. Destination Freight Prepaid and Allowed to the receiving agency. The vendor must 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 8

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

Brandon Milby

Division of Purchases

Kentucky Transportation Cabinet

Phone: 502-782-3979

E-mail: Brandon.Milby@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

Vendor guarantees delivery of all requested items within ___30____ 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 must 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 must 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.

2.14 - Inspection

All supplies, equipment and services must 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 must have the right to reject the items or services or require acceptable correction at the vendor’s expense.

2.15 - Invoices

Invoices, if required, must be prepared and transmitted to the agency receiving the goods or services.

One copy must be marked "original" unless otherwise specified. Each invoice must contain at least the following information:

a. Contract and Delivery Order number;

b. Item numbers;

c. Description of supplies or services;

Document Description Page 9

d. Sizes;

e. Quantities;

f. Service Dates;

g. Unit prices; and

h. Extended totals.

2.16 - Payments

The vendor must 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 must 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 must 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 must 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 must be of no effect upon this contract. Unless, contractually provided, the Commonwealth must 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 must be solely responsible for performance of the entire contract whether or not subcontractors are used. The Commonwealth must not be involved in the relationship between the prime contractor and the subcontractor. Any issues that arise as a result of this relationship must be resolved by the prime contractor.

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

The vendor must 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 must not be made to the subcontractor by the Commonwealth.

Subcontractors having nonpayment issues that could not be resolved with the Vendor, should report in detail these incidents to the buyer of record for this solicitation.

Document Description Page 10

The Vendor must 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 must 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 must be or must 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 must 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 must 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 must 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 must 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

Document Description Page 11 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

2.26 - 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 must 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 must 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

Document Description Page 12 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

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, must 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 must not be deemed as directly pertinent to the contract and must 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 must 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

Document Description Page 13 years from the date of final payment under the subcontract. Such books and records must 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 must 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 must not limit the right to audit stated above. Such books and records must 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 must place such the same audit requirement in any agreement it may have with a subcontractor under this contract.

2.33 - Governing Law

This Contract must be governed by and construed in accordance with the laws of the Commonwealth of Kentucky and any litigation with respect to this Contract must 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 must 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 must be addressed to:

Brandon Milby

Division of Purchases

Kentucky Transportation Cabinet

Phone: 502-782-3979

E-mail: Brandon.Milby@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.

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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 must submitted in writing by the date and time specified.

No questions must 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.

1/20/2021 4:00 PM

Commonwealth’s response to written questions

The Addendum must be posted to the Commonwealth’s e-Procurement web site.

1/22/2021 4:00 PM

Bids due by 10:00 AM

Notice to Vendors:

NEW – Effective 9-8-20 ALL bid submissions MUST 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.

See page 1 for Closing Date.

Tentative Award Date 2/12/2021

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 must be used by Offerors in preparing a response to this RFB.

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

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.

Document Description Page 15

2100000317 Polyethylene (PE) Liner Pipe mailto:KYTC.Bids@ky.gov https://emars311.ky.gov https://emars311.ky.gov

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 must 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 2100000317” 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 must 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 must be considered non-responsive.

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

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

Document Description Page 16

2100000317 Polyethylene (PE) Liner Pipe mailto:KYTC.Bids@ky.gov mailto:KYTC.Bids@ky.gov mailto:**KYTC.Bids@ky.gov

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 must not mention unit prices or total price; but must 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 https://emars311.ky.gov

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

3.09 – Specifications

This solicitation specifies requested items. It is not the intention of this solicitation to eliminate vendors or manufacturers of similar or equal equipment of the types specified. It should be noted, however, that these requested items are written around specific needs of State agencies. The Commonwealth reserves the right to consider bids non-responsive if they do not comply with the specifications contained herein.

Document Description Page 17

3.10 – Exceptions to Specifications

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

3.11 – Alternate Brands/Specifications

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

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

3.12 - Equipment

Unless otherwise indicated in the bid, it is understood and agreed that any item offered or shipped on this bid must be new and the latest or current model year and be in first class condition. Any unit failing to meet the foregoing requirements must be returned to the contractor, at their expense, and replaced with a new unit.

The Commonwealth recognizes rapid advancement of technology. If the bidder can provide new equipment of advanced technology after the award of contract, the Commonwealth and bidder may choose by mutual agreement to install such equipment. The price of the new technology equipment cannot exceed the cost of the award contract.

3.13 - Recycle Requirements

Prospective bidders are required to comply with Recycle Requirements for the purchase of goods, supplies, equipment, materials and printing with a minimum recycled content to the extent practicable per 200 KAR 5:330. This regulation can be viewed on the Internet at <http://www.lrc.state.ky.us/ kar/200/005/330.htm>.

Section 4 - Procurement Process and Requirements

4.00 - Rules of Procurement

The General Conditions…