Final_RFB_605_2200000103_1_SO_FORM.PDF

Document ID: RFB 605 2200000103 Page: 1

Commonwealth of Kentucky

SOLICITATION

Addenda: No Addenda #:

TITLE: Grave Relocation Jefferson Co Parcel 60

Date Issued:

8/18/21 Record Date:

2021-08-18

Solicitation Closes Date:

9/2/21 Time:

13:30

Solicitation No:

RFB 605 2200000103

Online Bidding Prohibited: No

For Information Call:

Tiffany Kiser 502-782-3974

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 2200000103 Page: 2

Line Items

Commodity Group: Default Commodity Group

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

1 Jefferson Co. 05-323.01 P-60

Comm Code Comm Description Manufacturer Model # Manuf Part #

90614 Cemeteries, Planning and Relocation, Architectural Services

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 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.

Solicitation of Human Remains, Slack Cemetery-Greenwood Road Widening

Shipping Information KYTC Division of Right of Way and Utilities

200 Mero Street 5th Floor Frankfort KY 40622

Billing Information KYTC Division of Right of Way and Utilities

200 Mero Street 5th Floor Frankfort KY 40622

Document ID: RFB 605 2200000103 Page: 3

Submission Checklist

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

Item The bidder with the lowest price receives the maximum score.

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

Document Description Page 4

2200000103 Grave Relocation Jefferson Co Parcel 60 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

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.

_____ BID INFORMATION – COMPLETED (See Section 5.00)

_____ BID SHEET – (See 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 2.12)

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

_____ PERFORMANCE AND PAYMENT BOND

_____ CERTIFICATE OF INSURANCE (See Section 1.03)

_____ PROOF OF GRANITE REQUIREMENT (See section 1.00 Reinterment note)

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

The Kentucky Transportation Cabinet Division of Purchases issues this solicitation on behalf of the Division of Right of Way and Utilities to award a one- time contract for: Grave Relocation Jefferson County

1.00#Specifications of Service Requirements

SECTION 1: EXPENSES

ITEM DESCRIPTION Unit Quantity Unit Price Unit Total

1 Clearing site and trenching

HOUR 32 LIST PRICES

ON ATTACHED

BID SHEET.

2 Disinterment EACH 11

Reinterment Container with rustproof tags. Containing disinterment grave number

EACH 11

Document Description Page 5

2200000103 Grave Relocation Jefferson Co Parcel 60

Transportation to Reinterment Cemetery

PER

MILE

6 mi.

20”x10” Gray granite marker w/ polished top Including lettering, and setting

EACH 5

24”x12” Gray granite marker w/ polished top Including lettering, and setting

EACH 1

3’x1’2” Upright monument with polished top Including lettering, and setting

EACH 1

Temporary grave markers(for graves prior to monument installation)

EACH 11

DISINTERMENT NOTE: The interments in the Slack Cemetery were interred between approximately 1860 and 1920. Only 6 of the graves have monuments identifying them.

REINTERMENT NOTE: The Bethany Memorial Cemetery will be responsible for the monument foundations. Five existing monuments will be able to be used. The remainder will have to be replaced. Per the Bethany Cemetery, all granite is to be quarried in the USA and have a guarantee from the quarry that is a minimum of 25 years.

Total Price

LUMP SUM TOTAL $ ____________________

Section 2: Reinterment

Pursuant to Official Order No. 109023 it is necessary for the Cabinet to acquire certain rights of way in Kenton County, Kentucky for a highway improvement project designated and identified by the Cabinet as Jefferson County Item No. 5-0323.01 Project No.

1100 FD04 056 6167101R Road Name Greenwood Road.

Construction of said project necessitates relocation of an estimated 11 graves with the probability of more from the Slack Cemetery. KRS 45A.100 and 200 KAR 5:302 authorize the Cabinet to contract with a funeral director duly licensed under the provisions of KRS Chapter 316 for the removal and relocation of said graves.

Document Description Page 6

REINTERMENT CEMETERY NAME Bethany Memorial Cemetery ROAD OR STREET ADDRESS 10917 Dixie Highway CITY Louisville STATE Kentucky, 40271

DIRECTIONS:

PLEASE SEE THE ATTACHED DIRECTIONS PAGE

SECTION 3: FUNERAL DIRECTOR CONSIDERATIONS

In consideration of the premises and the provisions hereinafter set forth, the Funeral Director agrees:

1. To perform the services in a professional and skillful manner and to comply with all terms, provisions, and conditions of this agreement.

2. To remove and relocate said remains pursuant to all applicable laws and regulation, including but not limited to KRS 381.765, 600 KAR 3:020, and 901 KAR 5:090, as well as pursuant to the grave relocation procedures and regulations outlined in the Cabinet’s Right of Way Guidance Manual.

3. That in performing the services contracted for herein, they will not obligate the Kentucky Transportation Cabinet, nor subject them to any liability, cost or expense for any actions taken by the funeral director.

4. To maintain accurate files and at termination of the work, turn over these files to the Cabinet. All files shall be documented in accordance with the Cabinet and applicable Federal requirements. During the proposed work, all such files will be available at reasonable times for inspection by the Cabinet and by the Federal Highway Administration, if Federal funds are utilized on any phase of the project. All records relating to this contact are subject to audit by the Cabinet or its agent.

5. That upon request the funeral director’s personnel will be available to assist in responding to Federal or State inquiries and/or citations.

SECTION 4: PROVISIONS

DISINTERMENT

1. Trenching – Clearing and additional trenching will be required at the Disinterment Cemetery for the purpose of disclosing all possible graves. The funeral director agrees to provide the necessary reinterment containers and relocate any additional graves (should they be found), upon concurrence and authorization by the District Right of Way Supervisor. Payment for the reinterment containers and the relocation of additional graves will be based on the unit prices specified in the bid.

2. Special Equipment for Disinterment of Graves – mechanical equipment may be used to begin excavation in the disinterment cemetery to uncover grave shafts.

The funeral director agrees that any mechanical equipment used in excavation shall have a smooth or “toothless” shovel (this will be at the funeral director’s expense). In addition, the funeral director agrees to obtain prior approval of the Grave Relocation Agent in the event he must use a bulldozer, air compressor, or jackhammer in the relocation of any graves covered under the terms of this agreement. Upon approval from the grave relocation agent, the funeral director

Document Description Page 7 may proceed to acquire these services for which they will be reimbursed the actual cost incurred when supported by receipted bills.

3. Disinterment of Remains – Mechanical equipment may be used according to Item 2 of the Disinterment Provisions to begin excavation in a disinterment cemetery, however, the removal of all remains shall be performed by hand digging. Excavations shall be to the necessary depth and dimensions (minimum 6’deep x 3’wide x 4’ long) in order to properly remove all remains. The remains removed for reinterment shall include all of the body, clothing, jewelry, personal effects, casket or coffin, soil discolored from decomposition, and any other material placed into the grave at the time of the original burial. If no remains are found, the excavation will be carried to a depth determined by the District Right of Way Supervisor (minimum 6’ deep x 3’ wide x 4’ long). The District Right of Way Supervisor will have the final authority to determine whether a grave exists and what constitutes the remains.

4. Disinterment and Reinterment Records and Reports

A. The funeral director shall prepare daily a list of the names (when a name is available) of each body, the location by plot number before disinterment, and the location by plot number after reinterment. It will include the depth of each body disinterred, depth of each body reinterred, and a brief description of the remains removed. Upon completion of work, these daily lists will be furnished to the grave relocation agent.

B. The Cabinet’s grave relocation agent shall prepare daily a Grave Data Sheet listing the names (when a name is available) of each body, the location by plot number before disinterment, and the location by plot number after reinterment. It will include the depth of each body disinterred, depth of each body reinterred, and a brief description of the remains removed. The Cabinet’s grave relocation agent shall also prepare a daily record of the grave relocation inclusive of all pertinent items discussed, questions asked, and answers given.

REINTERMENT

1. Reinterment Site Preparations – The funeral director shall be responsible for disinterment, removal, and transportation of all remains and monuments from the Disinterment Cemetery. The reinterment site preparations, including opening, closing, and restoring sites, will be handled by the Reinterment Cemetery staff.

2. Reinterment Containers – For each set of remains disinterred, the funeral director shall provide a reinterment container of sufficient size. In accordance with 901 KAR 5:090 all disinterred human remains intended for reburial, and all other contents of the grave, shall be enclosed in a container constructed of strong material and of sufficient size to hold the remains without altering their shape or size. If the human remains are not thoroughly decomposed, the container shall be sealed to prevent the escape of liquids or gas. The Contractor shall provide reinterment containers as outlined in the Grave Data Sheet. The

Document Description Page 8

Cabinet’s grave relocation agent shall approve the size of each container. Steel reinterment containers shall be constructed of a minimum of 12-gauge steel.

Each Box shall have affixed thereto a small rustproof plate on which shall be inscribed the name of the deceased (when known), the name of the cemetery from which the remains were removed, and the disinterment grave number to designate the remains contained therein.

3. Transporting Remains – The remains shall be removed from the grave and placed in the reinterment container, which shall be sealed with a cover and to which an identification plate shall be properly attached. The remains shall then be placed in a conveyance, covered, and transferred to the designated cemetery and reinterred in accordance with regular reinterment procedures. If it is necessary to hold the remains overnight, the remains shall be transported to a licensed funeral home for safekeeping.

4. Reinterment – Each remain disinterred shall be reinterred in the site identified on the Grave Data Sheets, attached to and made a part of this contract. Unless otherwise specified in the Special Provisions of this contract, the Cabinet will furnish reinterment gravesites at no cost to the funeral director.

Religious services shall be permitted at the time of reinterment if requested by the next of kin.

A. Change in Reinterment Site – If the next of kin elect to reinter remains in a location other than the designated reinterment site, such change must be requested in writing by the next of kin and approved in writing by the Cabinet.

B. Reinterment Depths – Reinterment graves will be excavated to depths required by the Cabinet for Human Resources and 901 KAR 5:090, Sections 1 and 3, as follows:

Human Remains Not Thoroughly Decomposed – Where the outer container for the body is made of concrete, metal, fiberglass, or other impervious material and it is hermetically sealed, all parts of the container shall be buried at least two

(2) feet below the natural surface level of the ground. All other burial containers shall be at least three (3) feet below the natural surface level of the ground measured from all parts of the outer container.

Should impenetrable rock be encountered, the local health department may, upon proper application, grant a variance to the depth of burial requirements.

When a depth waiver is secured from the local health department, excavation shall stop at the depth specified in the waiver.

Human Remains Thoroughly Decomposed – Human remains which are thoroughly decomposed need to be reburied only to such a depth so that no part of the container is less than two (2) feet below the natural surface level of the ground.

MONUMENTS

Document Description Page 9

1. Removal of Existing Monuments and Grave Markers – The funeral director shall remove all monuments, headstones, footstones, gravestones, and grave markers (including all ornaments of value) from the existing cemetery and transport them to the proper graves in the reinterment cemetery. All such items shall be correctly marked to ensure their replacement over the correct grave. The Cabinet’s grave relocation agent shall determine those ornaments of value to be moved. Monuments to be moved are identified on the Grave Data Sheet.

The funeral Director shall take every precaution to protect such articles from damage during his operations and shall (at his own expense) either repair or replace, as determined by the Cabinet, any articles broken or damaged in the process of relocation.

2. Monuments for Unmarked Disinterment Graves – The Funeral Director or designated monument company will provide and set the monuments as specified in section one of this solicitation for the unmarked graves at the reinterment site.

3. Setting of Monuments – The Funeral Director or designated monument company will set all monuments and grave markers removed from the Disinterment Cemetery at the reinterment site.

TECHNICAL

1. State Supervision – The Cabinet’s grave relocation agent shall be present during the disinterment, transfer, and reinterment of all remains, and during the removal, transfer, and reinstallation of all monuments, markers or gravestones. The grave relocation agent will inspect the work as it progresses in order to determine compliance with the terms of the contract.

The presence of the grave relocation agent will in no way relieve the funeral director from his liabilities under this contract.

2. Funeral Director’s Supervision – The funeral director shall be present or be represented by a licensed funeral director during the disinterment and transfer of all remains. A foreman, superintendent or some other responsible representative of the funeral director shall be present during all other phases of work.

3. Permits – The funeral director shall have in their possession all necessary permits from federal, state, county, and municipal authorities prior to performance of any work on this contract. Disinterment and reinterment permits will be secured by the Cabinet and furnished to the funeral director at the time the work order is issued.

4. Manner of Work – All disinterment and reinterment work shall be accomplished in a respectful and becoming manner. During inclement weather, this work will be done under a tent or suitable enclosure.

Document Description Page 10

GENERAL

1. Scope of Work – The funeral director agrees to remove all remains and all original burial items, gravestones, markers and monuments from the disinterment cemetery, and to transport all remains and all original burial items, gravestones, markers and monuments to the reinterment cemeteries.

2. Funeral Director’s Responsibilities – The funeral director shall be responsible for the entire work under this contract and for all tools, appliances, and property of every description used to disinter, transfer, and reinter all remains, and the removal and transfer of all gravestones, markers, and monuments.

The funeral director shall specifically and distinctly assume all risks of damage or injury to persons or property resulting from any action or operation under this contract, or in connection with the work and shall protect and defend the Commonwealth of Kentucky and its officers and employees against all claims on account of injury or damage.

3. Site Investigation – The funeral director shall inspect the site as to the nature and location of work and general and local conditions, including but not limited to transportation, disposal, handling, and storage of materials;

availability of labor, water, electric power and roads; uncertainty of weather, ground conditions, and the character of equipment and facilities needed prior to and during execution of the work. The funeral director further acknowledges satisfaction as to the character, quality and quantity of surface and subsurface materials or obstacles to be encountered insofar as this information is reasonably ascertainable from an inspection of the site, as well as from any information presented in the specification provided herein.

Any failure by the funeral director to inspect the site shall not relieve him from responsibility of properly estimating the difficulty or cost of successfully performing the work. The Cabinet assumes no responsibility for any conclusions drawn or interpretations made by the funeral director on the basis of information made available by the Cabinet, nor does the Cabinet assume responsibility for any representations made by its officers or agents unless: (1) Such representations are expressly stated in this agreement; and (2) The contract expressly provides that the responsibility is assumed by the Cabinet. All other representations or explanations shall be considered to have been only for the information of the funeral director.

4. Plats- The cabinet will provide the funeral director with plats of the disinterment and reinterment sites. The funeral director shall provide a corrected disinterment plat for reach cemetery upon completion of the project.

5. Subcontractors – The funeral director shall have prior written of the Director, Division of Right of Way and Utilities, to subcontract any work pursuant to this contract. The funeral director agrees that all subcontractors are required to comply with the terms of this agreement, and that nothing in this agreement shall create a contractual relationship between any subcontractors and the Cabinet.

Document Description Page 11

6. Materials – The funeral director agrees to furnish all plants, materials, equipment, supplies, labor and transportation, and preform all work necessary for completion in strict accordance with specification contained herein, and all applicable regulation.

The funeral director agrees that all materials supplied comply with required specifications. If requested, the funeral director shall provide the Cabinet with a sample of each for approval prior to its use.

1.01 Performance and Payment Bond

The funeral director, prior to award of a contract, shall provide a performance bond to the Division of Purchases, executed by a surety company authorized to do business in Kentucky. The bond shall bind the funeral director, as principal, and the surety to performance of the contract and any changes or modifications thereto, and to payment of all costs for labor, materials, equipment, supplies, taxes and other proper charges and expenses incurred or to be incurred in performance of the contract. The bond shall be kept in full force until written notice from the Cabinet that all work is completed.

(a) Contract Amount Exceeds $ 20,000 - The bond shall be in a penal sum equal to one hundred percent (100%) of the contract price, as it may be increased.

(b) Contract Amount is $ 20,000 or Less - The bond shall be in the penal sum of Twenty Thousand Dollars ($ 20,000).

The bond shall incorporate by reference the terms of the contract as fully as though they were set forth verbatim in such bonds.

1.02 - Insurance Requirements

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

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

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

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

A. The certificate holder listed as:

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

Document Description Page 12

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 - Executed Contract

The Contractor shall not deliver any items until a valid Contract has been fully executed. The Contract shall represent the entire agreement between the parties. Prior negotiations, representations, or agreements, either written or oral, between the parties hereto relating to the subject matter hereof shall be of no effect upon this Contract.

2.01 - Contract Components and Order of Precedence

The Commonwealth’s acceptance of the offer indicated by the issuance of a Contract Award by the KYTC Division of Purchases shall create a valid Contract between the Parties consisting of the following:

1. The written Contract between the Parties;

2. Any Addenda to the Solicitation;

3. Any provisions of the Solicitation and all attachments thereto;

4. The Bidder’s response to the Solicitation, and

5. The Kentucky Revised Statutes KRS 45A.

In the event of an inconsistency between provisions of the solicitation, the inconsistency shall be resolved by giving precedence in the following order: (a) the Specifications; (b) other provisions of the Solicitation, whether incorporated by reference or otherwise; (c) Contract or Master Agreement Terms and Conditions;

(d) FAP 110-10-00 – General Conditions and Instructions for Solicitations and Contracts.

2.02 - 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.

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2.03 - 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.

2.04 - 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:

Tiffany Kiser

Division of Purchases

Kentucky Transportation Cabinet

Phone: 502-564-4630

E-mail: Tiffany.Kiser@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.

2.05 - Completion

All work (weather permitting) shall be completed no later than thirty (30) days after the date that notification to commence work is received. All remains are to be disinterred and relocated, disinterment sites leveled, and monuments provided within the specified time. In case of bad weather, the funeral director may submit a written request for an extension of time to complete the work to the Division of Right of Way and Utilities.

The Vendor agrees that when completion 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 completion 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.

2.06 - Inspection

All supplies, equipment and services shall be subject to inspection or tests by the Commonwealth prior to acceptance. In the event supplies, equipment or services are defective in material or workmanship or

Document Description Page 14 mailto:Tiffany.Kiser@ky.gov 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.

2.07 - 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 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.

2.08 - Payments

Ninety percent (90%) of the amount payable to the funeral director shall be paid when the work is completed. The final ten percent (10%) shall be paid upon determination by the Grave Relocation Agent that all work performed under this contract is satisfactory, and that no property damage has occurred, or that any such damage has been remedied. The Grave Relocation Agent shall make such determination within a reasonable time after completion of the work, (No longer than one hundred-eighty (180) days).

The funeral director agrees within a reasonable time to remedy any work performed under this agreement if such work is determined by the Agent to be unsatisfactory. It is understood and agreed by the parties that the amount withheld by the Cabinet pursuant hereto will be forfeited if the funeral director does not remedy unsatisfactory work within a reasonable time after notice.

Measurement and Payment for Disinterment and Reinterment - Payment for disinterments, containers, and reinterments according to the terms of this contract shall be measured as follows:

Disinterment - All work in connection with opening and back filling the disinterment grave shall be considered one unit and shall be paid for at the rates specified in the bid. Graves containing more than one remains (even though boxed separately) will be considered one grave.

Reinterment Container - Each reinterment container used shall be paid for at the rates specified in the bid.

Vaults and Concrete Boxes - Each vault or concrete box used shall be paid for at the rates specified in the bid.

Reinterment - All work connected with the opening and the filling of each reinterment site shall be considered as one unit and paid for at the rates specified in the bid. Where the remains of two separately boxed graves are reinterred in one grave, they shall be considered one unit for reinterment purposes.

Document Description Page 15

Measurement and Payment for Monuments and Markers - All monuments and markers either moved and reset, or provided and set, shall be paid for at the rates specified in the bid.

It is understood that the Cabinet will make payment directly to the reinterment cemeteries, as required, for reinterment gravesites, and the cost thereof shall not be deducted from any amount payable to the funeral director under this agreement.

2.09 - Post Contract Agreements

This contract will constitute the entire agreement between the State and awarded contractor. Unless contractually provided, the Commonwealth shall not be required to enter into nor sign further agreements, leases, company orders or other documents to complete or initiate the terms of the contract. Any such documents so obtained will be non-binding on the State and be cause for breach of contract.

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 – 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.

2.12 - 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.

2.13 - 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.

2.14 - 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.

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If the foreign entity is not required to obtain a certificate as provided in KRS 14A.9-010, the foreign entity should identify the applicable exception in its solicitation response. Foreign entity is defined within KRS 14A.1-070.

Vendors are required to remain in active status 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

2.15 - 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

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24, 1965, as amended, so that such provisions will be binding upon each subcontractor or vendor. The contractor will take such action with respect to any subcontract or purchase order as the administering agency may direct as a means of enforcing such provisions including sanctions for noncompliance;

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

2.16 - 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.

2.17 - Subcontracts

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

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

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

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

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

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

2.18 - Service Performance

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

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

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

2.19 - 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

Document Description Page 18 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.

2.20 - Records Retention

The Finance and Administration Cabinet may inspect the place of business of the Vendor or any sub Vendor under the master Agreement contract awarded or to be awarded by the Commonwealth. In accordance with KRS 45A.150, the Finance and Administration Cabinet may audit the books and records of any person who has submitted cost or pricing data under KRS 45A.120 at any time until three years from the date of final payment under the prime contract, and by any subcontractor for a period of three years from the date of final payment under the subcontract. Such books and records shall be maintained by the contractor for a period of three years from the date of final payment under the contract and by any subcontractor for a period of three years from the date of final payment under the subcontract. The Finance and Administration Cabinet shall be entitled to audit the books and records of a contractor or any subcontractor under any negotiated contract or subcontract other than a firm fixed-price type contract, provided, however, that this provision shall not limit the right to audit stated above. Such books and records shall be maintained by the contractor for a period of three years from the date of final payment under the prime contract and by the subcontractor for a period of three years from the date of final payment under the subcontract. The contractor shall place such the same audit requirement in any agreement it may have with a subcontractor under this contract.

2.21 - Governing Law

This Contract shall be governed by and construed in accordance with the laws of the Commonwealth of Kentucky and any litigation with respect to this Contract shall be brought in state or federal court in Franklin County, Kentucky in accordance with KRS 45A.

Section 3 - General Information

3.00 - Issuing Office

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

3.01 - Restrictions on Communications

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

Tiffany Kiser

502 / 564-4630

Fax – 502 / 564-7069

E-mail – Tiffany.Kiser@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

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

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

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

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

3.02 - Schedule of RFB Activities

The following schedule presents the major activities associated with the RFB distribution, written questions, and bid submission.