Final_RFB_605_2200000273_2_SO_FORM.PDF

Document ID: RFB 605 2200000273 Page: 1

Commonwealth of Kentucky

SOLICITATION MODIFICATION

Modification: Yes Version #: 2

TITLE: High Performance Cold Mix

Date Issued:

11/24/2021 Record Date:

2021-11-24

Solicitation Closes Date:

12/1/21 Time:

13:30

Solicitation No:

RFB 605 2200000273

Reason for Modification

Addendum #1

Online Bidding Prohibited: No For Information Call:

Allyson May 502-782-3981

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 2200000273 Page: 2

Line Items

Commodity Group: Default Commodity Group

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

1 High Performance Cold Mix 0.00000 TON

Comm Code Comm Description Manufacturer Model # Manuf Part #

74567 Patching Mix, Cutback Asphalt

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 Various Shipping

See Extended Description

Various KY

Billing Information Various Billing

See Extended Description

Various KY

Document ID: RFB 605 2200000273 Page: 3

Submission Checklist

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

Item Price Delivery

Addendum #1 – 11/24/2021 – to answer vendor questions & to adjust the quantities on the bid sheet to 25-ton increments and add Edmonson County Maintenance Facility.

Also, under High Performance Winter Asphalt Cold Mix, added “After award of contract and…” so it is clearer when this shall take place.

Q1: Whom would I speak to about a gradation variance for submittal for preapproval for this solicitation?

A1: Gradation variance are not allowed.

No other changes have been made.

Bid closing date shall remain the same.

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/eProcurement/Pages/doing-business-with-the-commonwealth.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.

Document Description Page 4

2200000273 High Performance Cold Mix https://emars311.ky.gov/webapp/vssprdonline3111d/AltSelfService https://emars311.ky.gov/webapp/vssprdonline3111d/AltSelfService https://finance.ky.gov/eProcurement/Pages/doing-business-with-the-commonwealth.aspx https://finance.ky.gov/eProcurement/Pages/doing-business-with-the-commonwealth.aspx mailto:Finance.CRCGroup@ky.gov

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

In-person public bid readings have been discontinued by the KYTC Division of Purchases. We will now be offering public bid readings via telephone.

Any person wishing to hear a bid reading may call our 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.

_____ 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)

_____ CERTIFICATION – Stating the High Performance Winter Asphalt Cold Mix satisfies all specifications herein.

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: https://finance.ky.gov/office-of-the-secretary/office-of-policy-and-audit/Pages/Finance-Policies.aspx scroll down to Procurement Services- Procurement , double click on the file named FAP 110-10-00 General Conditions and Instructions for Solicitations and Contracts or request a copy by contacting the KYTC Division of Purchases buyer named in Section 3.01. Every person submitting a bid to the Commonwealth shall be deemed to have assented to these conditions by the act of bidding.

Section 1 - Specifications – Commodity

The Kentucky Transportation Cabinet Division of Purchases issues this solicitation on behalf of the Division of Maintenance to award a one- time contract for: High Performance Cold Mix

Document Description Page 5

2200000273 High Performance Cold Mix https://finance.ky.gov/office-of-the-secretary/office-of-policy-and-audit/Pages/Finance-Policies.aspx https://finance.ky.gov/office-of-the-secretary/office-of-policy-and-audit/Pages/Finance-Policies.aspx

1.0 - Specifications of Commodity

HIGH PERFORMANCE WINTER ASPHALT COLD MIX

SPECIAL TERMS, CONDITIONS, AND SPECIFICATIONS

DESCRIPTION

Provide a high performance cold mix suitable for stockpiling, consisting of aggregate and liquid asphalt blend as specified herein. The Department will utilize high performance Winter Asphalt Cold Mix for patching during cold and damp weather on either asphalt or concrete pavement.

The Department’s Standard Specifications for Road and Bridge Construction, current edition, will apply in all instances unless specifically modified herein. Section references herein are to the Department’s current Standard Specifications.

MATERIALS AND EQUIPMENT

Winter Mix Liquid Asphalt

Ensure that the liquid asphalt blend furnished under this specification is capable of coating wet aggregates without stripping and provides satisfactory workability and adherence characteristics for producing high performance Winter Asphalt Cold Mix. Ensure the liquid asphalt blend is tested and approved by the Division of Materials, Central Laboratory, prior to its use.

***Only liquid asphalt blends from the following suppliers will be accepted:

UPM Cold Mix (Unique Paving Materials)

QPR Cold Mix (Quality Pavement Repair)

K-Link (Bit Mat Products High Performance Cold Batch)

EZ Street Asphalt (EZ Street Company)

Jasa HP High Performance Cold Patch (Hammaker East, Ltd.)

Seaboard Asphalt Bond-X High Performance Cold Mix

Document Description Page 6

Ship the liquid asphalt blend in insulated tankers only from authorized blending-terminal locations.

Completely blend the liquid asphalt under the supervision of authorized quality control personnel. Do not introduce any additives, modifiers, or extra ingredients into the liquid asphalt at any time after shipping it from the terminal.

Provide, with each shipment of liquid asphalt, certified test results documenting that the materials furnished conform to the specifications listed below. Additionally, obtain a one-gallon sample from one transport at random. Ship the sample to the Division of Materials, Central Laboratory, by any expedient means of transport.

Ensure the sample is received by the Division of Materials at least fourteen (14) calendar days prior to the start of winter asphalt cold mix production.

HIGH PERFORMANCE WINTER COLD MIX LIQUID ASPHALT REQUIREMENTS

Property Test Method Specification

Kinematic Viscosity at 140 F ASTM D 2170 300 to 4000 cSt

Flash Point, Tag Open Cup ASTM D 1310 200 F (minimum)

Percentage of Water ASTM D 95 0.2 % (maximum)

Distillation to 680 F ASTM D 402 See values below

Temperature (F) Volume of Total Distillate (Minimum/Maximum %)

Volume of Original Sample (Minimum/Maximum %) to 437 0/0 0/0 to 500 0/0.5 0/5 to 600 10/65 0/25

Residue From Distillation at 680 F (% Volume by Difference) 72/95

Tests on Residue From Distillation

Absolute Viscosity at 140 F ASTM D 2171 75 to 425 Poises

Modified Penetration With

Cone1 ASTM D 51 180 (minimum)

Ductility, 39 F, 1 cm/minute ASTM D 113 100 (minimum)

Solubility in Trichloroethylene ASTM D 2042 99.0 % (minimum)

1Utilize a penetration cone instead of the standard penetration needle. Ensure the cone conforms to ASTM D 217, except that the interior construction may be modified as necessary. Ensure the total moving weight of the cone and attachments is 150 +/- 0.1 g. Also, lower the level of water in the transfer dish to

Document Description Page 7 less than the height of the sample, and decant the water from the top of the sample before transferring it from the bath to the penetrometer.

Coarse Aggregate

Provide 100-percent-crushed coarse aggregates conforming to the applicable requirements of Section 805 except for the following deviation. Contrary to Subsection 805.03, provide coarse aggregates with a maximum soundness loss of 12 percent when tested for five cycles according to Kentucky Method (KM) 64-610.

Fine Aggregate

Provide 100-percent-crushed fine aggregates conforming to the applicable requirements of Section 804.

High Performance Winter Asphalt Cold Mix

After award of contract and prior to mixture production, submit a job-mix formula (JMF) to the District Materials Engineer (DME) for approval. Submit a JMF, as outlined in KM 64-421, that satisfies the limits specified below.

Sieve Size Percent Passing JMF Tolerance (%)

3/8 in. 100

No. 4 95-100 +/- 5

No. 8 40-60 +/- 5

No. 16 10-20 +/- 3

No. 50 0-10 +/- 2

No. 200 0-6 +/- 1

Ensure the amount of liquid asphalt blend used in the mixture fully coats the aggregate particles.

Typically, use an asphalt content in the range of 5.5 to 7.0 percent by weight of the mixture, with a starting point of 5.8 percent. The amount required will depend on the aggregate gradation, absorption, and texture. The Engineer, in consultation with the supplier’s representative, will adjust the amount of liquid asphalt blend as needed.

Furnish High Performance Winter Asphalt Cold Mix that satisfies the following requirements:

HIGH PERFORMANCE WINTER ASPHALT COLD MIX REQUIREMENTS

Property Test Method Specification

Document Description Page 8

Coating ASTM D 2489 95 % (minimum)

Stripping in Distilled Water1 Visual 5 % (maximum)

1Place approximately 100 g of Winter Asphalt Cold Mix in a 250-mL beaker, and cover it with distilled water for 24 hours, before observation.

Asphalt Mixing Equipment

When utilizing an asphalt mixing plant to produce winter asphalt cold mix, ensure the facility is in reasonably close conformity to the requirements of Section 401. Also, ensure the asphalt mixing plant, or surge/storage system when used, is approved by the DME prior to furnishing material for this contract.

When utilizing other types of mixing equipment to produce winter asphalt cold mix, ensure the operation supplies a uniform and thoroughly coated mixture satisfying the applicable specifications.

CONSTRUCTION

Material Preparation

Aggregates

When recommended by the supplier’s technical representative, heat and dry the aggregates as necessary to remove excess moisture. Ensure the aggregate temperature at the time of mixing does not exceed 170 F. Allow any aggregate above 180 F to cool prior to mixing.

High Performance Winter Cold Mix Liquid Asphalt

Ensure the liquid asphalt blend is pre-approved by the Division of Materials, Central Laboratory. Ensure each shipment is accompanied by the manufacturer’s bill-of-lading. Ensure the producer’s lot number for, and the weight per gallon of, the liquid asphalt is included on the vendor’s ticket. Use liquid asphalt directly from the delivery transport. When stored, only use tanks that have been completely emptied of other liquid materials at the mixing site for storage of the liquid asphalt. Heat the liquid asphalt to a temperature between 185 and 265 F when mixing it with the aggregates or as according to producer of the liquid asphalt. When received from the source of supply at a higher temperature, use liquid asphalt only when approved by the Engineer; otherwise, cool it to the required temperature.

High Performance Winter Asphalt Cold Mix

Produce the High Performance Winter Asphalt Cold Mix under the direct supervision of a qualified representative from the producer of the liquid asphalt and according to a JMF approved by the DME.

Ensure the mixing operation is set, and the mixture tested, by a Superpave Plant Technologist (SPT).

Mix the High Performance Winter Asphalt Cold Mix until all of the aggregates are uniformly coated. When

Document Description Page 9 producing High Performance Winter Asphalt Cold Mix in a batch plant, ensure the wet-mix time in the pugmill is between 30 and 45 seconds.

Establishing the JMF

Ensure the JMF is established by a Superpave Mix Design Technologist (SMDT) as outlined in KM 64-421. The SMDT is also responsible for the control of, and adjustments to, the High Performance Winter Asphalt Mix. Ensure an SPT performs plant inspection, process-control testing, and acceptance testing to verify that the mixture satisfies the requirements of this contract.

Material Storage

Provide a paved stockpile pad or an established material base of Winter Asphalt Cold Mix on which to stockpile the freshly mixed Winter Asphalt Cold Mix. Use this pad or material base only for stockpiling High Performance Winter Asphalt Cold Mix during the contract period.

Furnish High Performance Winter Asphalt Cold Mix that is capable of being stored and maintaining its adhesive qualities, in an uncovered stockpile of at least 100 tons, for at least one year before being used.

Cover all stockpiles of smaller quantities. Ensure the High Performance Winter Asphalt Cold Mix remains pliable and readily workable at all ambient temperatures above -15 F.

Provide documentation whether the stockpile is required to be to be covered while in storage until the High Performance Winter Asphalt Cold Mix is used. Also, provide documentation the temperature requirements for reheating the High Performance Winter Asphalt Cold Mix in a heated box.

Supervision of Material Production

At no cost to the Department, ensure a technical representative from the producer of the liquid asphalt is present during production of the High Performance Winter Asphalt Cold Mix.

Material Certification

Furnish a certification that states that the High Performance Winter Asphalt Cold Mix satisfies all specifications herein. Ensure the certification includes the results of an analysis performed by an independent laboratory, on a sample from a stockpile with a minimum quantity of 100 tons of High Performance Winter Asphalt Cold Mix, documenting that the material conforms to all specifications herein.

Material Warranty

Ensure the High Performance Winter Asphalt Cold Mix is capable of maintaining adhesive qualities in areas that are damp at the time of application. Ensure repaired potholes do not exhibit any significant shoving, rutting, tracking, stripping, raveling, or other distress within a period of one year from the time of

Document Description Page 10 repair. In the event that the High Performance Winter Asphalt Cold Mix does not satisfy all specifications herein, remove and replace the unsatisfactory material at no cost to the Department.

Acceptance.

Point of Acceptance

The Department will consider the point of acceptance for High Performance Winter Asphalt Cold Mix to be when it is delivered to the Department’s storage yard by the vendor.

Basis of Acceptance

Ensure testing is performed by a qualified SPT or SMDT for gradation (KM 64-433 or KM 64-620) and asphalt content (KM 64-405 or AASHTO T 308). Perform one asphalt content determination and one gradation test per 500 tons, cumulative, of High Performance Winter Asphalt Cold Mix furnished.

Ensure the gradation test results satisfy the tolerances given in Subsection 1.02 of this specification and the asphalt content satisfies a tolerance of +/- 0.5 percent. The Department will allow the established JMF to vary within the production tolerances given in Subsection 1.02 of this specification provided the percent passing any sieve remains within the gradation limits.

Retain the test results, and ensure that they are available for review by the Engineer, for a period of one year. The DME may require or perform additional testing if notified of any concerns with the mixture or if any delivered mixture visually indicates a possibility of not complying with the specifications.

Non-Compliance

The Department reserves the right to test the completed mixture or individual materials for the mixture prior to final acceptance for payment. The Department may reject materials or mixture found to be not in compliance with the requirements of this specification or require the vendor to replace unsatisfactory material as described in Subsection 3.6 of this specification.

Method of Delivery

The vendor is responsible for hauling the High Performance Winter Asphalt Cold Mix to the specified locations. Ensure the shipments and hauling equipment does not exceed established Kentucky weight limits or truck sizes.

For each location of delivery, provide documentation including stockpile requirements, heating limitations when using High Performance Winter Asphalt Cold Mix in a heated box, installation instructions, and any other supplier/manufacturer recommendations necessary to achieve optimum performance of the product.

Document Description Page 11

Vendor shall provide the quantity requested +/- 10% for each county. The contract will not be considered complete until those percentages have been met for each county within the district. Vendors shall only be paid for actual amounts delivered.

MEASUREMENT

The Department will measure the High Performance Winter Asphalt Cold Mix in tons. The Department will not measure the High Performance Winter Cold Mix liquid asphalt for payment and will consider it incidental to the High Performance Winter Asphalt Cold Mix. Perform all weighing of materials according to Section 109.

PAYMENT

The Department will consider the unit bid price per ton for High Performance Winter Asphalt Cold Mix to include all labor, materials, and equipment necessary to produce and deliver this mixture.

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

Document Description Page 12

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.

2.03 - 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:

Allyson May

Division of Purchases

Kentucky Transportation Cabinet

Phone: 502-564-4630

E-mail: Allyson.May@ky.gov

From the issue date of this solicitation until a Contractor(s) is selected and the selection is announced, Offerors are not permitted to communicate with any Commonwealth staff concerning this solicitation

After the award of a contract, all programmatic communications are to be made to the Agency Contact Person identified in the contract document with a copy to the Division of Purchases Buyer.

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

2.05 - Delivery

Vendors shall submit their guaranteed delivery time on the attached bid sheet. Vendors with a guaranteed delivery time greater than 30 days may be rejected as non-responsive.

Vendor shall provide the quantity requested +/- 10% for each county. The contract will not be considered complete until those percentages have been met for each county within the district. Vendors shall only be paid for actual amounts delivered.

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 complete the contract for a District.

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.

Document Description Page 13 mailto:Allyson.May@ky.gov

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 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

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 45.45A. 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.

2.09 - 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 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.

2.11 - Termination of Contracts

Document Description Page 14

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.

2.12 - 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.

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

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

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

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

Vendors are required to remain in active 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

2.14 - 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

Document Description Page 15 https://secure.kentucky.gov/sos/ftbr/welcome.aspx take such action with respect to any subcontract or purchase order as the administering agency may direct as a means of enforcing such provisions, including sanctions for noncompliance.

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

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

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

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

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

2.15 - 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.

2.16 - 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.

2.17 - 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

Document Description Page 16 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.

2.18 - Governing Law

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

Section 3 - General Information

3.00 - Issuing Office

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

3.01 - Restrictions on Communications

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

Allyson May

502 / 564-4630

Fax – 502 / 564-7069

E-mail – Allyson.May@ky.gov

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

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

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

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

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

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

3.02 - Schedule of RFB Activities

The following schedule presents the major activities associated with the RFB distribution, written questions, and bid submission. The Commonwealth reserves the right at its sole discretion to change the Schedule of Activities, including the associated dates and times.

Document Description Page 17 mailto:Allyson.May@ky.gov

Deadline for written questions

All questions shall submitted in writing by the date and time specified.

No questions shall be accepted after the date/time listed unless the question(s) is considered material to the procurement. Oral questions will not be accepted at any time except for bid procedural clarifications. The Commonwealth will respond to salient questions in writing by issuing an Addendum to the Solicitation.

November 23, 2021 by

4:00PM(EST)

Commonwealth’s response to written questions

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

November 24, 2021 by

4:00PM(EST)

Bids due by 1:30 pm

BIDS WILL ONLY BE ACCEPTED ELECTRONICALLY THROUGH OUR

PROCUREMENT SYSTEM.

See page 1 for Closing Date.

Tentative Award Date December 10, 2021

NOTE: All times referenced are Eastern Time Zone

3.03 - Access to Solicitation and Solicitation Addenda

The Commonwealth wants each prospective Offeror to have full and complete information on which to base a bid response. Only information presented or referred to in this RFB and any additional written information that is supplied by the Division of Purchases shall be used by Offerors in preparing a response to this RFB.

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

To view/download Solicitation documents from the Kentucky Vendor Self Service site

Please note: It is not necessary to register to access the solicitations. Unregistered vendors can access the solicitations by clicking on guest access.

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

Step 2 – Keyword Search - Vendors can use the keyword field search to narrow your search. Type in keyword and click the advanced search button, select status open then click the go button or click the next button to page through all the open solicitations.

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

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

Step 5 - Click the link for each file name, a new window will appear, click open to open/view the file. Once the file opens, click the print icon to print that file attachment. Close that file attachment then repeat steps to open and print each different file attachment. It is the vendor’s responsibility to view and/or print all file attachments for a solicitation document.

Please note: some solicitations may have multiple file attachments.

Check this web site periodically for any updates that may be posted to the Solicitation. It is the responsibility of the vendor to obtain copies of all information and forms.

Document Description Page 18 https://emars311.ky.gov

3.04 - Bid Submission Requirements

Vendors shall submit bids through 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/eProcurement/Pages/doing-business-with-the-commonwealth.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.

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

3.05 - Acknowledgment of Addenda to Solicitations

It is the vendor's responsibility to check the web site for any modifications to this solicitation. Electronic Bid submittal is the vendor’s agreement to be bound by the terms of all addenda issued.

3.06 - Modification or Withdrawal of Bids

An electronic offer may be modified or withdrawn prior to the bid closing date/time by following the procedures listed in the attachment “How to Respond to an Online Bid through the Kentucky Vendor Self Service site (updated).pdf

3.07 - E-Procurement Award Notification

Document Description Page 19

2200000273 High Performance Cold Mix https://emars311.ky.gov/webapp/vssprdonline3111d/AltSelfService https://emars311.ky.gov/webapp/vssprdonline3111d/AltSelfService https://finance.ky.gov/eProcurement/Pages/doing-business-with-the-commonwealth.aspx https://finance.ky.gov/eProcurement/Pages/doing-business-with-the-commonwealth.aspx mailto:Finance.CRCGroup@ky.gov

To view the Award of Contract(s) and the Contractor(s) receiving the Award(s) for a Solicitation, access the Kentucky Vendor Self Service site at https://emars311.ky.gov

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

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

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

3.08 - Vendor Terms and Conditions

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

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

3.09 – Specifications

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

3.10 – Exceptions to Specifications

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

3.11 – Alternate Brands/Specifications

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

Document Description Page 20

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

3.12 - Equipment

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

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

3.13 - Recycle Requirements

Prospective bidders are…