Final_RFB_605_2200000384_1_SO_FORM.PDF

Document ID: RFB 605 2200000384 Page: 1

Commonwealth of Kentucky

SOLICITATION

Modification: No Version #:

TITLE: Liquid Asphalt 2022

Date Issued:

01/13/2022 Record Date:

2022-01-13

Solicitation Closes Date:

2/3/22 Time:

13:30

Solicitation No:

RFB 605 2200000384

Online Bidding Prohibited: No For Information Call:

Jennifer Houchin 502-782-3977

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 2200000384 Page: 2

Line Items

Commodity Group: Default Commodity Group

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

1 Liquid Asphalt 0.00000 TON

Comm Code Comm Description Manufacturer Model # Manuf Part #

74512 Asphalt, Oil

Extended Description

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

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

*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.*

Shipping Information Various Shipping

See Extended Description

Various KY

Billing Information Various Billing

See Extended Description

Various KY

Document ID: RFB 605 2200000384 Page: 3

Submission Checklist

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

Item See section 5 for evaluation criteria

UNOFFICIAL BID RESULTS WILL NOT AVAILABLE UNTIL CLOSE OF

BUSINESS THE DAY FOLLOWING THE OPENING. REQUEST FOR BID

RESULTS WILL BE EMAILED AS SOON AS THEY ARE AVAILABLE.

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.

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.

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 SHEETS (Attached)

Document Description Page 4

2200000384 Liquid Asphalt 2022 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

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 2.24)

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

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 click on the file named FAP 110-10-00 General Conditions and Instructions for Solicitations and Contracts or request a copy by contacting the KYTC Division of Purchases buyer named in Section 3.01. Every person submitting a bid to the Commonwealth shall be deemed to have assented to these conditions by the act of bidding.

Section 1 - Specifications – Commodity

1.00 Specifications of Commodity

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

STANDARD LINKS:

A link to the Standard Specifications can be found at:

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

A link to Approved Materials – Producer Numbers:

https://transportation.ky.gov/Materials/pages/List-Of-Approved-Materials.aspx

1.01 Liquid Asphalt Material Requirements

Except as provided herein, furnish materials in Groups 1 through 7 conforming to Section 806.

GROUP 1 - Emulsified Asphalt, RS-2 GROUP 2 - Emulsified Asphalt, AE-200 GROUP 3 - Emulsified Asphalt, SS-1h GROUP 4 - Emulsified Asphalt, HFMS-2 GROUP 5 - Emulsified Asphalt, HFRS-2 GROUP 6 - Polymer-Asphalt Emulsion (Cationic), CRS-2P GROUP 7 – Polymer-Asphalt Emulsion (Anionic), HFRS-2P

Propose only one unit price per gallon for each group of liquid asphalt materials for each county or shipping point on this Invitation. Determine the single best offering based on the group specified. The Transportation Cabinet will reject bids not conforming to this requirement.

Document Description Page 5

2200000384 Liquid Asphalt 2022 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 https://transportation.ky.gov/Construction/Pages/Kentucky-Standard-Specifications.aspx https://transportation.ky.gov/Materials/pages/List-Of-Approved-Materials.aspx

1.02 Sampling, Testing, and Compliance

All liquid asphalt materials shall be accepted according to Section 806, or as specified herein, and the current procedures established by the Department of Highways, Division of Materials. A copy of the Vendor’s bill-of-lading/loading ticket is required with each shipment. The alternate method of acceptance described in Section 806 by sampling and testing after delivery of the materials shall not apply.

The polymer-asphalt emulsion, HFRS-2P, shall meet the following requirements:

Polymer-Asphalt Emulsion HFRS-2P Specification

Test Specification

Viscosity @ 122# F, SFS 100 -400

Distillation Residue, % ≥ 65

Sieve, % ≤ 0.1

Residue Penetration 90-159 @ 77# F

Residue Ductilty 40-90 @ 39# F, cm

% Recovery @ 77# F ≥ 60

% Demulsibility ≥ 40

Storage Stability ≤ 1

Ash Content, % ≤ 1.0

The float test that is shown in section 806 of the standard specifications for HFRS-2 shall also be applied to the HFRS-2P which has a threshold of >/= 1200 seconds. The residue ductility shall be performed at 77degrees F instead of 39 degrees F.

The Vendor shall be responsible for any related unsatisfactory performance as determined by the Engineer. Such responsibility may result in no payment for the emulsified asphalt and reimbursement to the Transportation Cabinet for lost materials, labor, and equipment charges due to the unsatisfactory performance.

Invoice to the Transportation Cabinet any adjustments due according to the price adjustment schedules in Subsections 806.04 and 806.05, as applicable. Issue a Credit Memorandum to the affected District.

1.03 Method of Delivery

The method of delivery will be at the discretion of the Chief District Engineer or his authorized representative:

Delivered – Deliver the liquid asphalt material by transport tank trucks f.o.b. destination to any point in each county in the Commonwealth of Kentucky.

Picked Up – Deliver the liquid asphalt material directly into State vehicles f.o.b. the Vendor’s local plants or storage tanks located at the delivery points listed on the bid forms. Provide facilities for loading and weighing the materials delivered into State vehicles at the Vendor’s terminal.

Vendor’s Storage Tank – When requested by the Engineer, furnish a Vendor-owned storage tank(s) f.o.b. destination to any point in each county. Relocate the tank as requested by the Engineer; however, the Engineer will not request relocations of less than 10 miles. No heating equipment will be required in the Vendor’s storage tank(s). Railroad tank cars will not be considered storage tanks where transport tank truck deliveries are to be made. Storage tanks must be approved, and prior approval must be granted, before any shipment is made. The location of the storage tanks shall be as directed by the Engineer.

Deliver the liquid asphalt material at such a time, location, and in tanker truck lots of approximately 5,400 gallons as directed by the Chief District Engineer or his authorized representative. When a delivery

Document Description Page 6 request is made, there shall be an agreed-upon time for the arrival of the material. The Engineer will allow a minimum of 16 hours after the receipt of the order for the initial delivery. Verbal orders will be confirmed by written requests for delivery. Do not exceed the legal or authorized truck weight limits.

Deliver the Vendor-owned storage tank(s) at such a time, location, and in such a quantity as directed by the Chief District Engineer or his authorized representative. When a delivery request is made, there shall be an agreed-upon time for the arrival of the tank. Unless agreed otherwise by the Vendor when the order is placed, the Engineer will allow a minimum of 72 hours after the receipt of the order for delivery. Verbal orders will be confirmed by written requests for delivery.

Any cancellation of the agreed-upon delivery time by either the Vendor or Engineer shall be made at least six (6) hours prior to the agreed-upon time.

The Vendor or Carrier shall notify the Chief District Engineer or his authorized representative of any anticipated delay in delivery in excess of two hours. Failure to notify the Chief District Engineer of any delay in excess of two hours may constitute grounds for refusing delivery of the material.

Allow one and one-half hours of free time for unloading the transport tank trucks. Any time required in excess of the free time, unless directly chargeable to the Carrier’s own equipment or an error on the part of the Carrier’s personnel, may be charged as demurrage at the rate of $12.50 per quarter hour (15 minutes), or fractional part thereof. The Engineer will determine the length of unloading time from the time the Carrier’s truck arrives at the specified delivery location, ready to unload, to the time when all connections are removed, the necessary shipping documents executed, and the Carrier’s truck is ready to depart.

At the time of delivery, substantiate all charges for demurrage with the amount of time and reason for the delay being shown on the weight ticket or bill-of-lading copy which is signed and retained by the receiving Department of Highways personnel. Invoices for demurrage submitted by the Vendor which cannot be substantiated in this manner will not be processed for payment.

If a Vendor fails to make the requested deliveries as set forth above, the Division of Purchases may exercise the option of canceling the Contract and purchase the material not furnished by the Vendor from another source. All costs and expenses in excess of the stipulated Contract amounts will be charged to the defaulting Vendor and may be deducted from any money due him at the time of the default.

The Vendor will not be held responsible for failure to deliver the liquid asphalt material if the failure is due to an act beyond his control, such as availability of raw materials, a general strike, war, flood, tornado, etc. Immediately submit written proof to the Chief District Engineer and Director of the Division of Purchases that the failure to deliver was beyond the Vendor’s control.

The Department of Highways’ storage tanks and maintenance lots will be made available for unloading the Vendor’s transport tank trucks on a 24-hour basis insofar as is consistent with the Department’s operations.

By bidding and accepting a Contract, Vendors agree to maintain inventories of the material(s) offered and to treat the Transportation Cabinet as a preferred and priority customer as it relates to the availability of material(s). Failure to do so may be cause for Contract cancellation, removal from the bid list, or both.

When material is not provided as per this paragraph, the Division of Purchases reserves the right to make the purchase on the open market, with any cost in excess of the Contract price paid by the successful bidder.

1.04 Method of Measurement

Delivered and Picked Up – Liquid asphalt material will be measured in gallons according to Section 109.

Vendor’s Storage Tank – A delivery day will be measured for each tank(s) for each day that a transport tank truck delivery is made in the county where the Chief District Engineer requests that a tank be placed.

1.05 Asphalt Adjustment

Document Description Page 7

The Department will compare the Kentucky Average Price Index (KAPI) for the month the contract is bid to the month that the Department picks up the material or has it delivered by the vendor to determine the percent change. When the average price of the liquid asphalt increases or decreases more than five percent, the Department will adjust the Contractor's compensation using a line item for “Asphalt Adjustment”. The line item for “Asphalt Adjustment” will not be bid, but the unit price shall be set at $1.00.

When the five percent threshold is met, it is the vendor’s responsibility to calculate the adjustments and include those amounts as a separate line on the invoices for the materials picked up or delivered. The KAPI is calculated monthly using the average price, per ton at the terminal, from the active suppliers of liquid asphalt. Asphalt content will be calculated at sixty percent in all groups on this contract. The Department will determine the price adjustment using the following formulas:

When PC is greater than PL:

Asphalt Adjustment Quantity = G x 0.6 x PL x [(PC - PL)/PL] When PC is less than PL:

Asphalt Adjustment Quantity = G x 0.6 x PL x [(PC - PL)/PL]

Where:

G = Gallons of material picked up or delivered PL = KAPI for the month that the contract is let PC = KAPI for the month of adjustment The adjustment schedule is as follows:

Month Let February 2022

An asphalt adjustment calculator (spreadsheet) has been attached to the header. Vendors shall use the calculator to figure the asphalt adjustment amount prior to submitting the invoice. When submitting the invoice for payment the vendor shall note the adjustment amount and include a copy of the calculator spreadsheet.

1.06 Basis of Payment

Delivered and Picked Up – Payment for liquid asphalt materials purchased hereunder will be made at the bidder’s quoted price per gallon as proposed on the attached bid form upon the submission to the receiving agent of the proper invoices for the materials delivered and accepted.

Charges for material and demurrage must be invoiced as separate line items on the same invoice.

Payment will be made based on the total quantity received times the unit price for each item on the Delivery Order. Unless otherwise specified, payment will not be made for partial deliveries accepted. NO

PAYMENT WILL BE MADE FOR THAT PORTION OF ANY LOAD THAT EXCEEDS THE LEGAL OR

AUTHORIZED LOAD LIMIT.

Vendor’s Storage Tank – Payment for the Vendor’s storage tank will be at the agreed price of $50.00 per delivery day and shall be full compensation for delivering the tank(s) to any point in each county in the Commonwealth of Kentucky, relocating the tank as requested by the Engineer, and removing the tank when liquid asphalt deliveries are completed.

When the materials fail to meet specifications and are rejected by the Engineer, the Vendor shall pay the return freight, demurrage, and all other charges resulting from the failure.

1.07 - Federal Language

Funds from Federal Highway Administration’s (FHWA) Emergency Relief (ER) program may be used to make payment against the resulting contract. The following clauses shall apply:

A. FHWA 1273

Document Description Page 8 https://www.fhwa.dot.gov/programadmin/contracts/1273/1273.pdf

B. PROJECT WAGE RATES

Wage Rates (Davis Bacon) do not apply because this contract is for commodities and not services.

C. 106.04 BUY AMERICA REQUIREMENT

Follow the” Buy America” provisions as Required by Title 23 Code of Federal Regulations 635.410.

Except as expressly provided herein all manufacturing processes of steel or iron materials including but not limited to structural steel, guardrail materials, corrugated steel, culvert pipe, structural plate, prestressing strands, and steel reinforcing bars shall occur in the United States of America.

including the application of:

# Coating

# Galvanizing

# Painting, and

# Other coating that protects or enhances the value of steel or iron products The following are exempt, unless processed or refined to include substantial amounts of Steel or iron material, and may be used regardless of source in the domestic manufacturing Process for steel or iron material:

# Pig iron

# Processed, pelletized, and reduced iron ore material, or

# Processed alloys The Contractor shall submit a certification stating that all manufacturing processes Involved with the production of steel or iron materials occurred in the United States.

Produce, mill, fabricate and manufacture in the United States of America all Aluminum components of bridges, tunnels, and large sign support systems, for which Either shop fabrication, shop inspection, or certified mill test reports are required as the Basis of acceptance by the Department.

Use foreign materials only under the following conditions:

1.) When the materials are not permanently incorporated into the project; or

2.) When the delivered cost of such materials used does not exceed 0.1 percent of the total Contract amount or $2,500.00, whichever is greater.

The Contractor shall submit to the engineer the origin and value of any foreign material used.

D. PROHIBITION ON TELECOMMUNICATIONS EQUIPMENT OR SERVICES

In accordance with the FY 2019 National Defense Authorization Act (NDAA), 2 CFR 200.216, and 2 CFR 200.471, Federal agencies are prohibited, after August 13, 2020, from obligating or expending financial assistance to obtain certain telecommunications and video surveillance services and equipment from specific producers. As a result of these regulations, contractors and subcontractors are prohibited, on projects with federal funding participation, from providing telecommunication or video surveillance equipment, services, or systems produced by:

Huawei Technologies Company or ZTE Corporation (or any subsidiary or affiliate of such entities)

Hytera Communications Corporation, Hangzhou Hikvision Digital Technology Company, or Dahua Technology Company (or any subsidiary or affiliate of such entities)

E. LEGAL REQUIREMENTS AND RESPONSIBILITY TO THE PUBLIC – CARGO PREFERENCE ACT

(CPA). (REV 12-17-15) (1-16)

SECTION 7 is expanded by the following new Article:

Document Description Page 9

102.10 Cargo Preference Act – Use of United States-flag vessels.

Pursuant to Title 46CFR Part 381, the Contractor agrees

To utilize privately owned United States-flag commercial vessels to ship at least 50 percent of the gross tonnage (computed separately for dry bulk carriers, dry cargo liners, and tankers) involved, whenever shipping any equipment, material, or commodities pursuant to this contract, to the extent such vessels are available at fair and reasonable rates for United States-flag commercial vessels.

To furnish within 20 days following the date of loading for shipments originating within the United States or within 30 working days following the date of loading for shipments originating outside the United States, a legible copy of a rated, ‘on-board’ commercial ocean bill-of-lading in English for each shipment of cargo described in paragraph 1 of this section to both the Contracting Officer (through the prime contractor in the case of subcontractor bills-of-lading) and to the Division of National Cargo, Office of Market Development, Maritime Administration, Washington, DC 20590.

Section 2 - Terms and Conditions of the Contract

2.00 – Scope of the Contract

The Kentucky Transportation Cabinet Division of Purchases issues this solicitation on behalf of the Division of Maintenance to award a master agreement contract for: Liquid Asphalt 2022

2.01 - Contract Components and Order of Precedence

The Commonwealth’s acceptance of the offer indicated by the issuance of an Award by the KYTC Division of Purchases shall create a valid Master Agreement consisting of the following:

1. The written Master Agreement between the Parties;

2. Any Addenda to the Solicitation;

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

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

5. The Kentucky Revised Statutes KRS 45A.

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

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

2.02 - Initial Contract Period

The Master Agreement will begin upon award and extend through February 28, 2023.

2.03 - Optional Renewal Period

NOT APPLICABLE

2.04 - Divisions/Agencies to Be Served

This contract shall be for use by the following Divisions/Agencies of the Commonwealth:

Division of Maintenance and Highway Districts 1-12

Document Description Page 10

Vendors who wish to provide this commodity to other state agencies and/or political subdivisions of the Commonwealth of Kentucky (including cities of all classes, counties and school districts) shall indicate their preference on Attachment B.

PLEASE INDICATE YOUR PREFERENCE ON ATTACHMENT B

Other state agencies are required to obtain permission from the Finance Cabinet Office of Procurement Services before use (Section 2.28). KYTC will modify the authorized users of the contract and notify you of these changes. Vendors shall not provide material to other state agencies unless they are specifically listed on the contract.

Per Section 2.29, if vendors agree to allow Political Subdivisions to use the contract, they may begin using the contract immediately upon award.

This Solicitation designates specific contractual responsibilities to Transportation Cabinet offices and personnel. If contracts are used by political subdivision and state agencies other than the Transportation Cabinet, such responsibilities will be assumed by the user agency. All billing and payments for materials purchased from an agreement (s) resulting from this solicitation will be directly between the user agencies and vendors.

No shipments or services are authorized until an official Delivery Order has been fully processed by an authorized agency.

2.05 - Quantity Basis of Contract

Any and all quantities mentioned in this solicitation are purely estimates and are not to be implied nor inferred as being guarantees. The State is obligated to buy only that quantity needed by its agencies during the term of the contract. Requirements may exceed the quantities shown and the contractor will be required to furnish all requirements shown on Delivery Orders dated during the life of the contract.

2.06 - Exception to Required Use of Contract

The establishment of this Master Agreement is not intended to preclude the use of similar products when requested by the agency. The Commonwealth of Kentucky reserves the right to acquire large requirements through other competitive processes.

2.07 - Basis of Price Revisions

See Section 1.05

2.08 - Addition or Deletion of Items or Services

The KYTC Division of Purchases reserves the right to add new and similar items, with the consent of the vendor, to the contract. If an addition is agreeable to both parties, the KYTC Division of Purchases will issue a Modification. Until such time as the vendor receives a Modification, the vendor shall not accept Delivery Orders from any agency referencing such items or services.

2.09 - Changes and Modifications to the Contract

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

Document Description Page 11

2.10 - Basis of Shipment

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

2.11 - Notices

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

Jennifer Houchin, CPPB

Division of Purchases

Kentucky Transportation Cabinet

Phone: 502-782-3977

E-mail: Jennifer.Houchin@ky.gov

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

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

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

2.12 Delivery Orders for Commodities

No shipments are authorized until an official Delivery Order has been fully processed by an authorized agency or payment has been made via Pro-Card.

Penalties assessed for late deliveries will be calculated based on the date of the Delivery Order and the delivery time stated in Section 1.03.

Payment shall be made against the actual quantities received. The Delivery Order shall be modified to adjust quantities if needed.

Any and all items or portions of items not delivered on or prior to the expiration date of the contract shall be considered cancelled after that date. There will be no claim for damages allowed by reason of cancellation thereof.

2.13 - Deliveries

See Section 1.03

2.14 - 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 12 mailto:Jennifer.Houchin@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.

2.15 - Invoices

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

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

a. Contract and Delivery Order number;

b. Item numbers;

c. Description of supplies or services;

d. Sizes;

e. Quantities;

f. Service Dates;

g. Unit prices; and

h. Extended totals.

2.16 - Payments

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

2.17 - Vendor’s Report

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

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

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

2.18 - Post Contract Agreements

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

2.19 - Service Performance

Document Description Page 13

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.

2.20 - Assignment

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

2.21 – 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.

2.22 - 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.

2.23 - 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.

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

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

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

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

Vendors are required to remain in active and good standing during the life of the contract.

Businesses can register with the Secretary of State at https://onestop.ky.gov/Pages/default.aspx

2.25 - Discrimination:

Discrimination (because of race, religion, color, national origin, sex, sexual orientation, gender identity, age, or disability) is prohibited. This section applies only to contracts utilizing federal funds, in whole or in part. During the performance of this contract, the contractor agrees as follows:

1. The contractor will not discriminate against any employee or applicant for employment because of race, religion, color, national origin, sex, sexual orientation, gender identity or age. The contractor further agrees to comply with the provisions of the Americans with Disabilities Act (ADA), Public Law 101-336, and applicable federal regulations relating thereto prohibiting discrimination against otherwise qualified disabled individuals under any program or activity. The contractor agrees to provide, upon request, needed reasonable accommodations. The contractor will take affirmative action to ensure that applicants are employed and that employees are treated during employment without regard to their race, religion, color, national origin, sex, sexual orientation, gender identity, age or disability. Such action shall include, but not be limited to the following: employment, upgrading, demotion or transfer; recruitment or recruitment advertising; layoff or termination; rates of pay or other forms of compensations; and selection for training, including apprenticeship. The contractor agrees to post in conspicuous places, available to employees and applicants for employment, notices setting forth the provisions of this non-discrimination clause.

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

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

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

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

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

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

Document Description Page 15 https://onestop.ky.gov/Pages/default.aspx 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.

2.26 - 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.

2.27 - Extension Period

This contract may be extended at the termination of all contract renewal periods for additional time not to exceed 90 days. This extension must be accompanied by the written approval of the vendor and the Division of Purchases

2.28 – Extension to Other Agencies

The Division of Purchases reserves the right, with the consent of the vendor, to offer this master agreement to other state agencies who may have need for the product(s) and/or service(s). Each state agency must obtain prior approval from the Finance Cabinet Office of Procurement Services.

If Contracts are used by state agencies other than the Transportation Cabinet, such responsibilities will be assumed by the user agency. All billing and payments for materials/services purchased from an agreement will be directly between the user agencies and Vendors.

2.29 - Extension to Political Subdivisions

The Division of Purchases reserves the right, with the consent of the vendor, to offer this master agreement to political subdivisions and local government entities who may have need for the product(s) and/or service(s). Prior approval from the Finance Cabinet is not required.

If Contracts are used by political subdivisions, such responsibilities will be assumed by the user agency.

All billing and payments for materials/services purchased from an agreement will be directly between the user agencies and Vendors.

2.30 - 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.

2.31 - Records Retention

The Finance and Administration Cabinet may inspect the place of business of the Vendor or any sub Vendor under the master Agreement contract awarded or to be awarded by the Commonwealth. In accordance with KRS 45A.150, the Finance and Administration Cabinet may audit the books and records of any person who has submitted cost or pricing data under KRS 45A.120 at any time until three years from the date of final payment under the prime contract, and by any subcontractor for a period of three

Document Description Page 16 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.

2.32 - 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:

Jennifer Houchin, CPPB

502-782-3977

Fax – 502 / 564-7069

E-mail – Jennifer.Houchin@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

Document Description Page 17

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

Deadline for written questions

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

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

1/26/2022 by 4:00 pm

Commonwealth’s response to written questions

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

1/27/2022 by 4:00 pm

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 3/1/2022

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. However, you must be registered and logged in to submit a response.

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.

Document Description Page 18

2200000384 Liquid Asphalt 2022 https://emars311.ky.gov

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

3.04 - Bid Submission Requirements

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…