Document ID: RFB 605 2100000699 Page: 1

Commonwealth of Kentucky

SOLICITATION

Addenda: No Addenda #:

TITLE: Eq Rental Highway Sweeping Jefferson/Bullitt/Shelby Co D-5

Date Issued:

6/3/21 Record Date:

2021-06-03

Solicitation Closes Date:

6/17/21 Time:

13:30

Solicitation No:

RFB 605 2100000699

Online Bidding Prohibited: No

For Information Call:

Amanda Lewis 502-782-4003

Bid Receiving Location:

Bid Receiving

See Terms & Conditions for Bid Submission Instructions

Other KY

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 2100000699 Page: 2

Line Items

Commodity Group: Default Commodity Group

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

1 Eq Rental Highway Sweeping Jefferson/Bullitt/ Shelby Co D-5

0.00000 EA

Comm Code Comm Description Manufacturer Model # Manuf Part #

97542 Machinery and Heavy Hardware Rental or Lease

Extended Description

***ONLY ONLINE BIDS WILL BE ACCEPTED FOR THIS RFB.***

*On this line, Bidders must enter $0.01 for price and zero (0) for delivery in the e-procurement system.*

To do this, see attached document "How to Respond to an Online Bid through the Kentucky Vendor Self Service site (updated).pdf".

*ALL actual BID PRICES and DELIVERY TIME must be entered on attached "Bid Sheet" and submitted as an attachment in the e-procurement system.*

*Please enter contact person, phone number, and email address on the bid sheet.*

Emailed and hard copies delivered by any method WILL NOT BE ACCEPTED.

Shipping Information KYTC Project Site

Project Site

N/A KY

Billing Information KYTC District 5 - Louisville District Office

8310 Westport Road

Louisville KY 40242

Document ID: RFB 605 2100000699 Page: 3

Submission Checklist

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

Item Price Response

Effective February 1, 2021

ELECTRONIC BID SUBMISSION

Bid responses shall be received by electronic submission in the eProcurement system.

Link: https://emars311.ky.gov/webapp/vssprdonline3111d/AltSelfService

***See attached document “How to Respond to an Online Bid through the Kentucky Vendor Self Service site (updated).pdf”***

An electronic bid shall be authorized by the proper agent of the firm by the act of submitting it electronically through the eProcurement system.

Bid information MUST be completed online. Response must contain all required information for the Solicitation. All bidders MUST be registered in the Commonwealth eProcurement System via the Vendor Self Service System at https://emars311.ky.gov/webapp/vssprdonline3111d/AltSelfService

Allow 24 – 48 hours to complete Vendor Registration. Vendors must be logged in to their Vendor Self Service (VSS) account in order to submit a response. Registrations completed the day of bid closing must be completed by the Vendor in the VSS portal. The Customer Resource Center is not able to complete registrations and activate accounts on the same day. Closing dates will not be extended for Vendors not registered by the date/time of the bid closing. Vendor Self Registration Guides are provided at https:// finance.ky.gov/services/eprocurement/Pages/doingbusiness.aspx

All bidders are cautioned to begin their electronic submission in sufficient time to complete before the closing date and time. Delays due to technical difficulties or document upload impediments shall not be justification for acceptance of a late bid or proposal. Vendor attention to this advisory is encouraged. If you need assistance, please contact the Customer Resource Center (CRC) by email at Finance.CRCGroup@ky.gov or phone 502-564-9641 or toll-free 877-973-

HELP (4357).

BID PRICES SUBMITTED ON COMPANY QUOTE FORMS ARE DISCOURAGED. COMPANY TERMS

AND CONDITIONS AND/OR SALES AND USE AGREEMENTS OFTEN CONFLICT WITH STANDARD

SOLICITATION REQUIREMENTS AND MAY RESULT IN REJECTION OF BID OFFER.

Online bid responses must be in an “Accepted” status and shall be assigned a date and time stamp from the eProcurement system at the time of final acceptance and formal submission by the vendor. The system will not allow submission of an online response after the published date and time for closing.

An offer may be modified or withdrawn by electronic or written notice ONLY if received prior to the bid closing date and time. An electronic offer may be modified by applying the appropriate electronic signature and following the procedure in the state’s eProcurement signature.

PUBLIC BID READINGS

Due to the ongoing pandemic, in-person public bid readings have been discontinued by the KYTC Division of Purchases.

Beginning February 1, 2021, we will now be offering public bid readings via telephone.

Any person wishing to hear a bid reading may call the conference line at 866-830-9434, Participant Code 21327950, at 3:00 pm, Eastern Time on the bid closing date.

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.

Document Description Page 4

2100000699 Eq Rental Highway Sweeping Jefferson/Bullitt/Shelby Co D-5 https://emars311.ky.gov/webapp/vssprdonline3111d/AltSelfService https://emars311.ky.gov/webapp/vssprdonline3111d/AltSelfService https://finance.ky.gov/services/eprocurement/Pages/doingbusiness.aspx https://finance.ky.gov/services/eprocurement/Pages/doingbusiness.aspx mailto:Finance.CRCGroup@ky.gov

_____ BID INFORMATION – COMPLETED (See Section 5.00)

_____ VENDOR BID SHEET (Attached)

All other items MUST be submitted prior to award however, vendors are strongly encouraged to include with bid submission.

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

ENTITY (See Section 2.25)

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

_____ CERTIFICATE OF INSURANCE (See Section 1.03)

_____ EQUIPMENT SPECIFICATIONS/PRODUCT LITERATURE

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 - Scope of Work - Service

1.00 - Specifications of Service Requirements

HIGHWAY SWEEPING:

Between cycles, KYTC will make an effort to manage the large debris and foreign matter that is known to collect on the shoulders etc., however the vendor must collect debris and foreign matter prior to sweeping, during the actual cycle and dispose of it per the contract.

Vendor will pick up and remove all foreign matter and debris from the roadway by hand, brooming, or suction process from designed areas. Dispose of the foreign matter and the debris at a location (s) outside of the highway rights of ways. Perform highways sweeping by the work locations (s) per item and conditions as set forth.

The resulting Master Agreement will be for highway sweeping on various routes for the Kentucky Transportation Cabinet Department of Highways in Jefferson, Bullitt, and Shelby Counties in District Five.

Perform all work identified within this Solicitation in accordance with the Kentucky Department of Highways Standard Specifications for Road and Bridge Construction, Current Edition, and with the applicable Special Provisions, except as described herein.

The work shall consist of the following: 1) Sweeping portions of the roadway as designated on the work location sheet(s) contained elsewhere within this Solicitation; 2) Removal of all accumulated foreign matter and debris from the highway shoulders; 3) Disposal of all accumulated foreign matter and debris at an approved site(s) off right-of-way; 4) Maintenance and control of traffic; 5) Any other work as identified within this Solicitation.

The term "Department", as applied to this Master Agreement Contract will be understood to be synonymous with the terms, "Commonwealth of Kentucky, Transportation Cabinet, or Department of Highways". The term "Vendor" will be understood to be synonymous with the term "Contractor".

Document Description Page 5

2100000699 Eq Rental Highway Sweeping Jefferson/Bullitt/Shelby Co D-5

Scope of Work Perform all work identified within this Solicitation in accordance with the Kentucky Department of Highways Standard Specifications for Road and Bridge Construction, Current Edition and with the applicable Special Provisions, except as designated herein.

A link to the Manual on Uniform Traffic Control Devices can be found at:

http://mutcd.fhwa.dot.gov

A link to the Standard Drawings can be found at:

http://transportation.ky.gov/Highway-Design/Pages/2012-Standard-Drawings.aspx

A link to the Standard Specifications can be found at:

http://transportation.ky.gov/Construction/Pages/Kentucky-Standard-Specifications.aspx

1.01-DEFINITIONS:

Sweeping The pickup of all foreign matter and debris from designated areas through a brooming and suction process and the disposal of such foreign matter and debris at a site(s) off of the rights-of-way.

Foreign Matter Any material not intentionally attached or bonded to its resident surface which is not required for the operation or maintenance of the highway including, but not limited to, any loose aggregates, rubber or any other accumulated material.

Paved, Pavement A bituminous asphalt concrete or Portland cement concrete surface including shoulders and medians as opposed to an aggregate or earth surface.

Traffic Lane A lane designated and marked for the normal use of vehicular travel.

Roadway The entire portion of the highway intended for normal or emergency use of vehicular traffic including all traffic lanes, shoulders, medians, gores and entrance and exit ramps.

Gore Points The area between main line traffic lanes and ramp traffic lanes which is not otherwise classified as a paved shoulder.

Right-of-Way The entire portion of the highway within the boundaries of access fences or access control lines where no fences exist.

Cycles of Work Perform the work on each cycle of this Master Agreement Contract as noted on the included Work Location Sheets and as directed by the Department. Perform the number of cycles of work on each route or route segment of this Contract as noted on the included Work Location Sheets and as directed by the Department.

Cycles of highway sweeping may be reduced or increased as directed by the Department when situations exist where conditions of foreign matter and debris are limited or where conditions of foreign matter are extensive. Cycles of sweeping may also be increased on certain routes or route segments to accommodate special events that may occur throughout the year. Any partial cycles will be performed at the unit bid price for sweeping.

Where a construction project is in progress, or where a construction project is awarded during the period of the Contract that interferes with work operations, the construction project will have priority. No claim will be allowed for interruptions to the schedule or operations of this Contract.

When directed by the Department, perform work operations on this Contract on an area that had previously been skipped due to the construction contractor’s operations. No additional compensation will be allowed for returning to accomplish this work.

Document Description Page 6

Co D-5 http://mutcd.fhwa.dot.gov http://transportation.ky.gov/Highway-Design/Pages/2012-Standard-Drawings.aspx http://transportation.ky.gov/Construction/Pages/Kentucky-Standard-Specifications.aspx

A full or partial cycle or cycles on a specific route or route segment may be deleted from the Master Agreement by the Department, without invalidating the remainder of this Master Agreement. No additional compensation will be made for anticipated profit on such elimination of a cycle.

1.02- General Service Requirements

The estimated hours are purely an estimate and not to be implied or inferred as being guarantees. The Department is only obligated to purchase the number of hours required by the project as determined by Department personnel.

The equipment will be furnished in good mechanical working condition, fully operated with one (1) operator and with all maintenance and repairs including fuel and lubrication necessary for its operation.

The rental rate is to be paid by the Transportation Cabinet only during the time that the above named equipment is in actual use on the job.

The equipment will be delivered to the place of beginning of operation with no expense to the Transportation Cabinet, and upon completion of the work the equipment will be transported away from the place of operations without expense to the Transportation Cabinet.

The equipment and the operator will be under the supervision and subject to the orders of the Transportation Cabinet, who shall direct the time and place for the use of such equipment.

The Transportation Cabinet and all its officers, agents and employees shall be held harmless from all suits, actions, or claims of any character brought on account of any injury or damages sustained by any person or property from any actions or for any negligence in performance of the above named equipment. Nothing in this proposal is to be construed as any agency relationship between the parties.

If the sweeper is unable to unload debris at the work site, no payment will be made for the time taken to haul material to a disposal site.

Projects assigned prior to contract expiration will be considered cancelled if the work has not been initiated at the time of expiration.

Comply with all applicable federal, state and local laws, ordinances and regulations governing safety, provide all safeguards needed for employees and equipment, and secure any and all permits and licenses that may be required.

The locations of the designated areas for highway sweeping are as identified on the work location sheets included elsewhere in this solicitation.

1.03- Specifications of Service Requirements

Highway Sweeping

Highway sweeping operations will include, but not be limited to, the items of work identified below. Perform sweeping operations:

Along all concrete median barrier walls for the full length of the wall and along the full length of all barrier walls and curb lines of interchange ramps.

Along the curb line of all bridges paralleling and adjacent to the traffic lanes.

Along the curb line of all paved traffic islands located at intersecting streets or routes and located at the end of interchange ramps.

Along the full length and width of all paved mountable medians.

On all paved gore areas where interchange ramps converge and diverge from the thru traffic lanes for the full width of the gore.

Along the curb lines of all overhead bridges at designated interchanges.

Along the full length and width of all designated paved shoulder areas including paved shoulder areas underneath guardrails where no barrier wall exists.

Disposal of Foreign Matter and Debris Pickup and remove all foreign matter and debris from the roadway by a brooming and suction process from designated areas. This foreign matter and debris shall include all items located within the designated areas where highway sweeping is to occur, with the exception of motor vehicles. Dispose of the foreign matter

Document Description Page 7 and the debris at a location(s) outside of the highway rights-of-way. The Department will make no payment for disposal sites.

Remove foreign matter from drainage structures when deposited by the highway sweeping operation.

If the sweeper is unable to unload debris at the work site, no payment will be made for the time taken to haul material to a disposal site.

Perform all debris and foreign matter disposal activity as incidental to the highway sweeping operation.

Equipment Provide highway sweeping equipment that is in good working condition and that is suitable to perform and complete the required work on this Master Agreement within the specified time frame. Provide sweeping equipment units equipped such that all work is accomplished within the current standards as established by state and local laws, regulations, or regulations for noise and pollution controls. Provide all equipment accessory items necessary for the efficient operation and completion of the work.

Provide truck mounted, mobile, broom sweeping and vacuuming equipment units capable of sweeping either right or left shoulders of the roadway when traveling with the flow of traffic. Units must meet the following criteria:

Minimum 4 cubic yard hopper w/Flushing Equipped with a dust suppression system Have curb and rear broom capacity Unit shall be newer than 5 years old

Sweeping unit shall be equivalent to Elgin Road Wizard or Tymco 500X.

Conform all equipment to all prevailing Occupational Safety and Health (OSHA) regulations. Require all operators and other employees to wear safety vests that conform to OSHA regulations on the job site at all times.

Perform highway sweeping operations in a manner such that interference with passing traffic in the traveled roadway is kept to a minimum and in a manner so as not to create a hazard to traveling motorists.

Park or store equipment that is idle or not in use, such as during break times, lunch time or overnight, away from the outside shoulder of the roadway in an inconspicuous location and as directed by the Engineer.

Begin highway sweeping operations on the project at the point designated by the Department and proceed in the same general direction in a continuous manner until the work is completed.

Maintain and Control Traffic Perform highway sweeping operations in accordance to these Terms and Conditions for traffic control.

Maintain traffic and furnish all traffic control devices and all materials that conform to these Terms and Conditions and the Manual on Uniform Traffic Control Devices (MUTCD), Current Edition, the Standard Drawings or Sepia Drawings, Current Editions, and the Standard Specifications for Road and Bridge Construction, Current Edition.

Provide strobe lights for sweeping equipment and all work zone support vehicles that:

Cover a 360 degree effective area.

Utilize 360 degree optics.

Have a minimum height of 4 inches.

Produce a minimum of 60 single flashes or 120 double flashes per minute and 12 joules per main flash.

Are amber in color.

Penetrate bright sunlight, haze, fog, smog and darkness.

Provide flags that are fluorescent red/orange in color, 24 inches by 24 inches in size, and that are made of a heavy-duty nylon reinforced coated vinyl material that has weighted edges.

Furnish all traffic control devices in new or in like new condition at the beginning of the work and maintain the devices in like new condition until completion of the work.

Equip all designated work zone vehicles (service trucks and vehicles for supervisory personnel) with flashing lights, warning strobe lights and fluorescent red/orange flags. Equip other equipment entering or leaving the designated work zone with warning strobe lights that are visible in all directions at all times.

Document Description Page 8

Maintain the flow of traffic in all lanes at all times, except when prohibited by narrow shoulders or medians. In the event the flow of traffic is hampered during highway sweeping operations because of a narrow shoulder or median, utilize appropriate measures to maintain an adequate flow of traffic as directed by the Engineer.

The Department will not allow lane closures or shoulder closures for the purpose of transferring foreign matter or debris from one piece of equipment to another, for refueling, for refilling with water or for any other reason.

Provide and utilize water to control dust on swept areas except during times of freezing temperatures.

Change the direction of travel on the project only at interchanges. Do not use existing maintenance crossovers to change direction of travel.

Provide a truck equipped with a Flashing Arrow Board and a 65 MPH Impact Attenuating Device to be utilized as an escort vehicle for the Sweeper Unit during highway sweeping operations. Operate this escort vehicle at a distance of approximately two-hundred (200) feet behind the slow moving sweeping operation.

Provide this unit to be the first piece of equipment to be encountered by the traveling public.

For applicable route segments, coordinate with the Chief District Engineer’s representative and provide the appropriate signage and traffic control necessary to restrict vehicle parking, on a temporary basis, along curbed streets that will require sweeping operations.

Coordinate the work with other projects that may be in progress within or in the near vicinity of this project.

The traffic control of those projects may affect this project and the traffic control of this project may affect those projects. Coordinate the work on this project with the work of the other contractors. The Department will determine the relative priority to give to work phasing on the various projects when there is a conflict.

Perform the “Maintain and Control Traffic” item of work as incidental to all other items of work included in this Master Agreement Contract.

Payments The Department will measure highway sweeping operations by the number of sweeping miles. The unit of measure LA is lane miles (sweeping miles). 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 or a vendor’s invoice in accordance with KRS 45.453 and KRS 45.454.

No payment will be made for work performance which does not conform to the terms and conditions as specified in this Master Agreement or which is otherwise unsatisfactory and will result in an immediate suspension of all work operations. Operations will remain suspended until the situation has been corrected and approval has been given for work operations to resume.

Bidders are encouraged to inspect the project where work is to be performed and to satisfy themselves as to all general and local conditions that may affect the cost of performance of the contract, to the extent that such information is reasonably attainable. In no event shall a failure to inspect the project constitute grounds for a claim after the award of a contract.

Any Contractor (Vendor) that desires to review the work involved by scheduling a visit to the project should contact the District Representative at the District location identified:

Tom Wright KYTC District Five Phone: (502) 764-0836 Email: Tom.Wright@ky.gov

Pricing information shall not be made known or discussed in any form to agency representatives during the project visit. Failure to comply with this restriction shall be cause for the rejection of a bid. All questions are to be directed to the Transportation Buyer identified in the Solicitation.

1.03– Insurance Requirements

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

Document Description Page 9

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

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

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

A. The certificate holder listed as:

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

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

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

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

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

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

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

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

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

Section 2 - Terms and Conditions of the Contract

2.00 – Scope of the Contract

The Kentucky Transportation Cabinet Division of Purchases issues this solicitation on behalf of Highway District 5 to award a master agreement contract for: Eq Rental Highway Sweeping D-5 Jefferson/Bullitt/ Shelby Co

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

Document Description Page 10

2100000699 Eq Rental Highway Sweeping Jefferson/Bullitt/Shelby Co D-5 http://insurance.ky.gov/company http://insurance.ky.gov/company http://www.ambest.com

The Master Agreement will be for the initial period beginning upon award and expiring May 31, 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 shall have the right to withdraw without prejudice from either exercising the option or continuing the contract in an extended period.

2.04 - Divisions/Agencies to Be Served

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

District 5

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

Document Description Page 11 issue a Modification. Until such time as the vendor receives a Modification, the vendor shall not accept Delivery Orders from any agency referencing such items or services.

2.09 - Changes and Modifications to the Contract

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

2.10 - Reduction in Contract Worker Hours/Employee Furlough

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

2.11 - Basis of Shipment

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

2.12 - Notices

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: 502-782-4003 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.

2.13 - Response

Response at the earliest possible date is desired. See attached bid sheet to provide response time.

See attached Work Location Sheet for Completion.

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.

2.14 - Inspection

Document Description Page 12

2100000699 Eq Rental Highway Sweeping Jefferson/Bullitt/Shelby mailto:Amanda.Lewis2@ky.gov

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

2.15 - Invoices

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

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

a. Contract and Delivery Order number;

b. Item numbers;

c. Description of supplies or services;

d. Sizes;

e. Quantities;

f. Service Dates;

g. Unit prices; and

h. Extended totals.

2.16 - Payments

The vendor shall be paid, upon the submission of proper invoices to the receiving agency at the prices stipulated for the supplies delivered and accepted, or services rendered. Unless otherwise specified, payment will not be made for partial deliveries accepted. Payments will be made within thirty (30) working days after receipt of goods and vendor’s invoice in accordance with KRS 45.453 and KRS 45.454. A penalty payment of one percent (1%) per month shall be added to the amount due the vendor for each full or partial month that the payment exceeds 30 working days.

2.17 - Vendor’s Report

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

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

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

2.18 - Post Contract Agreements

The Master Agreement shall represent the entire agreement between the parties. Prior negotiations, representations, or agreements, either written or oral, between the parties hereto relating to the subject matter hereof shall be of no effect upon this contract. Unless, contractually provided, the Commonwealth shall not be required to enter into nor sign further agreements, leases, company orders or other documents to complete or initiate the terms of the contract. Any such documents so obtained will be non-binding on the State and be cause for breach of contract.

2.19-Subcontracts

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

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

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

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All payments will be made directly to the contracted vendor. It is the vendor’s responsibility to make payment to the subcontract. Payments shall not be made to the subcontractor by the Commonwealth.

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

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

2.20 - Service Performance

All services performed under contract shall be in accordance with the terms and conditions of the contract. It will be the agency’s responsibility to ensure that such services rendered are performed and are acceptable.

The relationship between the State and the Contractor is that of client and independent Contractor. No agent, employee, or servant of the Contractor or any of its subcontractors shall be or shall be deemed to be an employee, agent, or servant of the State for any reason. The Contractor will be solely and entirely responsible for its acts and the acts of its agents, employees, servants and subcontractors during the performance of this Contract.

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

2.21 - Assignment

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

2.22 – Ethics Compliance

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

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

2.23 - Termination of Contracts

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

2.24 - Endorsements

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

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

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

For all foreign entities required to obtain a certificate of authority to transact business in the Commonwealth, if a copy of the certificate is not received within the time specified by the Division of Purchases, the foreign entity’s solicitation response may be deemed non-responsive. If the foreign entity

Document Description Page 14 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 shall include, but not be limited to the following; employment, upgrading, demotion or transfer; recruitment or recruitment advertising; layoff or termination; rates of pay or other forms of compensations; and selection for training, including apprenticeship. The contractor agrees to post in conspicuous places, available to employees and applicants for employment, notices setting forth the provisions of this non-discrimination clause.

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

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

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

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

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

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

provided, however, that in the event a contractor becomes involved in, or is threatened with, litigation with a subcontractor or vendor as a result of such direction by the agency, the contractor may request the United States to enter into such litigation to protect the interests of the United States.

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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, shall have access to any books, documents, papers, records, or other evidence, which are directly pertinent to this contract for the purpose of financial audit or program review. Records and other prequalification information confidentially disclosed as part of the bid process shall not be deemed as directly pertinent to the contract and shall be exempt from disclosure as provided in KRS 61.878(1)(c). The contractor also recognizes that any books, documents, papers, records, or other evidence, received during a financial audit or program review shall be subject to the Kentucky Open Records Act, KRS 61.870 to 61.884.

2.32 - Records…