Final_RFB_605_2300000335_1_SO_FORM.PDF

Document ID: RFB 605 2300000335 Page: 1

Commonwealth of Kentucky

SOLICITATION

Modification: No Version #:

TITLE: Rock Salt Hauling to KYTC Districts 1-12

Date Issued:

12/05/2022 Record Date:

12/05/2022

Solicitation Closes Date:

12/20/2022 Time:

13:30

Solicitation No:

RFB 605 2300000335

Online Bidding Prohibited: No For Information Call:

Amanda Lewis 502-782-4003

Bid Receiving Location:

Bid Receiving

See Terms & Conditions for Bid Submission Instructions

Other KY

Vendor Customer Number:

Vendor Name:

Phone Number:

Fax Number:

Email Address:

Ordering

Address:

City, State, Zip:

Contact Name:

Contact Email:

Contact Phone Number:

Payment

Address:

City, State, Zip:

Contact Name:

Contact Email:

Contact Phone Number:

Ownership Type

__ Sole Proprietorship __ Partnership __ Corporation __ Other_________________________

SIGNATURE OF AUTHORIZED AGENT IS REQUIRED UNLESS RESPONSE

IS SUBMITTED ELECTRONICALLY. FAILURE TO SIGN SHALL RENDER

THE BID INVALID.

Signature X_________________________________________ FEIN#____________________ Date____________

All offers subject to all terms and conditions contained in this solicitation.

Document ID: RFB 605 2300000335 Page: 2

Line Items

Commodity Group: Default Commodity Group

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

1 Salt Haul to KYTC District 1 1.00000 LOAD

Comm Code Comm Description Manufacturer Model # Manuf Part #

96872 Snow and Ice Removal Services

Extended Description ***ONLY ONLINE BIDS WILL BE ACCEPTED FOR THIS RFB.*** Emailed and hard copies delivered by any method WILL NOT BE ACCEPTED.

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

Please enter contact person, phone number and email in the Comments Section.

This is to be the total price per load for hauling salt from the Louisville Storage Facility to any of the Department of Highways District One County Maintenance Storage Facilities indicated below. The quantity of loads shall be determined by the Department

NOTE: YOU MAY ONLY OFFER ONE PRICE FOR THIS LINE ITEM.

Ballard County Maintenance Storage Facility LaCenter, Kentucky 42056

Calloway County Maintenance Storage Facility Murray, Kentucky 42071

Carlisle County Maintenance Storage Facility Bardwell, Kentucky 42023

Crittenden County Maintenance Storage Facility Marion, Kentucky 42064

Fulton County Maintenance Storage Facility Hickman, Kentucky 42050

Graves County Maintenance Storage Facility Mayfield, Kentucky 42066

Hickman County Maintenance Storage Facility Clinton, Kentucky 42031

Livingston County Maintenance Storage Facility Smithland, Kentucky 42081

Lyon County Maintenance Storage Facility Eddyville, Kentucky 42038

McCracken County Maintenance Storage Facility Paducah, Kentucky 42002-3010

Marshall County Maintenance Storage Facility Benton, Kentucky 42025

Trigg County Maintenance Storage Facility Cadiz, Kentucky 42211

Document ID: RFB 605 2300000335 Page: 3

2 Salt Haul to KYTC District 2 1.00000 LOAD

Extended Description This is to be the total price per load for hauling salt from the Louisville Storage Facility to any of the Department of Highways District Two County Maintenance Storage Facilities indicated below. The quantity of loads shall be determined by the Department

NOTE: YOU MAY ONLY OFFER ONE PRICE FOR THIS LINE ITEM.

Caldwell County Maintenance Storage Facility Princeton, Kentucky 42445

Christian County Maintenance Storage Facility Hopkinsville, Kentucky 42240

Daviess County Maintenance Storage Facility Owensboro, Kentucky 42301

Hancock County Maintenance Storage Facility Hawesville, Kentucky 42348

Henderson County Maintenance Storage Facility Henderson, Kentucky 42420

Hopkins County Maintenance Storage Facility Madisonville, Kentucky 42431

Hopkins County Salt Storage Dome Madisonville, Kentucky 42431

McLean County Maintenance Storage Facility Calhoun, Kentucky 42327

Muhlenberg County Maintenance Storage Facility Central City, Kentucky 42330

Ohio County Maintenance Storage Facility Hartford, Kentucky 42347

Union County Maintenance Storage Facility Morganfield, Kentucky 42347

Webster County Maintenance Storage Facility Dixon, Kentucky 42409

Document ID: RFB 605 2300000335 Page: 4

3 Salt Haul to KYTC District 3 1.00000 LOAD

Extended Description This is to be the total price per load for hauling salt from the Louisville Storage Facility to any of the Department of Highways District Three County Maintenance Storage Facilities indicated below. The quantity of loads shall be determined by the Department

NOTE: YOU MAY ONLY OFFER ONE PRICE FOR THIS LINE ITEM.

Allen County Maintenance Storage Facility Scottsville, Kentucky 42164

Barren County Maintenance Storage Facility Glasgow, Kentucky 42141

Butler County Maintenance Storage Facility Morgantown, Kentucky 42261

Edmonson County Maintenance Storage Facility Brownsville, Kentucky 42210

Logan County Maintenance Storage Facility Russellville, Kentucky 42276

Metcalfe County Maintenance Storage Facility Edmonton, Kentucky 42129

Monroe County Maintenance Storage Facility Tompkinsville, Kentucky 42167

Simpson County Maintenance Storage Facility Franklin, Kentucky 42134

Todd County Maintenance Storage Facility Elkton, Kentucky 42220

Warren County Maintenance Storage Facility Bowling Green, Kentucky 42102-0599

4 Salt Haul to KYTC District 4 1.00000 LOAD

Extended Description This is to be the total price per load for hauling salt from the Louisville Storage Facility to any of the Department of Highways District Four County Maintenance Storage Facilities indicated below. The quantity of loads shall be determined by the Department

NOTE: YOU MAY ONLY OFFER ONE PRICE FOR THIS LINE ITEM.

Document ID: RFB 605 2300000335 Page: 5

This is the Storage Site for the loading of trucks to haul salt to designated Department of Highways Maintenance Storage Facilities within District Four and will include the following locations:

Breckinridge County Maintenance Storage Facility Harned, Kentucky 40144

Grayson County Maintenance Storage Facility Leitchfield, Kentucky 42240

Green County Maintenance Storage Facility Greensburg, Kentucky 42743

Hardin County Maintenance Storage Facility Elizabethtown, Kentucky 42702

Hart County Maintenance Storage Facility Munfordville, Kentucky 42765

Larue County Maintenance Storage Facility Hodgenville, Kentucky 42748

Marion County Maintenance Storage Facility Lebanon, Kentucky 40033

Meade County Maintenance Storage Facility Brandenburg, Kentucky 40108

Nelson County Maintenance Storage Facility Bardstown, Kentucky 40004

Taylor County Maintenance Storage Facility Campbellsville, Kentucky 42718

Washington County Maintenance Storage Facility Springfield, Kentucky 40069

5 Salt Haul to KYTC District 5 1.00000 LOAD

Extended Description This is to be the total price per load for hauling salt from the Louisville Storage Facility to any of the Department of Highways District Five County Maintenance Storage Facilities indicated below. The quantity of loads shall be determined by the Department

NOTE: YOU MAY ONLY OFFER ONE PRICE FOR THIS LINE ITEM.

Bullitt County Maintenance Storage Facility Shepherdsville, Kentucky 40165

Franklin County Maintenance Storage Facility Frankfort, Kentucky 40601

Henry County Maintenance Storage Facility Campbellsburg, Kentucky 40011

Jefferson County (151) Maintenance Storage Facility - Middletown Louisville, Kentucky 40223

Document ID: RFB 605 2300000335 Page: 6

Jefferson County (152) Maintenance Storage Facility - Poplar Level Louisville, Kentucky 40213

Oldham County Maintenance Storage Facility LaGrange, Kentucky 40213

Shelby County Maintenance Storage Facility Shelbyville, Kentucky 40065

Spencer County Maintenance Storage Facility Taylorsville, Kentucky 40071

Trimble County Maintenance Storage Facility Bedford, Kentucky 40006

6 Salt Haul to KYTC District 6 1.00000 LOAD

Extended Description This is to be the total price per load for hauling salt from the Louisville Storage Facility to any of the Department of Highways District Six County Maintenance Storage Facilities indicated below. The quantity of loads shall be determined by the Department

NOTE: YOU MAY ONLY OFFER ONE PRICE FOR THIS LINE ITEM.

Boone County Maintenance Storage Facility Erlanger, Kentucky 41018

Bracken County Maintenance Storage Facility Brooksville, Kentucky 41004

Campbell County Maintenance Storage Facility Alexandria, Kentucky 41001

Carroll County Maintenance Storage Facility Carrollton, Kentucky 41008

Gallatin County Maintenance Storage Facility Warsaw, Kentucky 41095

Grant County Maintenance Storage Facility Williamstown, Kentucky 41097

Harrison County Maintenance Storage Facility Cynthiana, Kentucky 41031

Kenton County Maintenance Storage Facility Covington, Kentucky 41017

Owen County Maintenance Storage Facility Owenton, Kentucky 40359

Pendleton County Maintenance Storage Facility Falmouth, Kentucky 41040

Document ID: RFB 605 2300000335 Page: 7

Robertson County Maintenance Storage Facility Mt. Olivet, Kentucky 41064

7 Salt Haul to KYTC District 7 1.00000 LOAD

Extended Description This is to be the total price per load for hauling salt from the Louisville Storage Facility to any of the Department of Highways District Seven County Maintenance Storage Facilities indicated below. The quantity of loads shall be determined by the Department

NOTE: YOU MAY ONLY OFFER ONE PRICE FOR THIS LINE ITEM.

Anderson County Maintenance Storage Facility Lawrenceburg, Kentucky 40342

Bourbon County Maintenance Storage Facility Paris, Kentucky 40361

Boyle County Maintenance Storage Facility Danville, Kentucky 40422

Clark County Maintenance Storage Facility Winchester, Kentucky 40391

Fayette County Maintenance Storage Facility Lexington, Kentucky 40510

Garrard County Maintenance Storage Facility Lancaster, Kentucky 40444

Jessamine County Maintenance Storage Facility Nicholasville, Kentucky 40356

Madison County Maintenance Storage Facility Richmond, Kentucky 40475

Mercer County Maintenance Storage Facility Harrodsburg, Kentucky 40330

Montgomery County Maintenance Storage Facility Mt. Sterling, Kentucky 40353

Scott County Maintenance Storage Facility Georgetown, Kentucky 40324

Woodford County Maintenance Storage Facility Versailles, Kentucky 40383

Document ID: RFB 605 2300000335 Page: 8

8 Salt Haul to KYTC District 8 1.00000 LOAD

Extended Description This is to be the total price per load for hauling salt from the Louisville Storage Facility to any of the Department of Highways District Eight County Maintenance Storage Facilities indicated below. The quantity of loads shall be determined by the Department

NOTE: YOU MAY ONLY OFFER ONE PRICE FOR THIS LINE ITEM.

Adair County Maintenance Storage Facility Columbia, Kentucky 42728

Casey County Maintenance Storage Facility Liberty, Kentucky 42539

Clinton County Maintenance Storage Facility Albany, Kentucky 42602

Cumberland County Maintenance Storage Facility Burkesville, Kentucky 42717

Lincoln County Maintenance Storage Facility Stanford, Kentucky 40484

McCreary County Maintenance Storage Facility Whitley City, Kentucky 42653

Pulaski County Maintenance Storage Facility Somerset, Kentucky 42502

Rockcastle County Maintenance Storage Facility Mt. Vernon, Kentucky 40456

Russell County Maintenance Storage Facility Russell Springs, Kentucky 42642-7909

Wayne County Maintenance Storage Facility Monticello, Kentucky 42633

9 Salt Haul to KYTC District 9 1.00000 LOAD

Extended Description This is to be the total price per load for hauling salt from the Louisville Storage Facility to any of the Department of Highways District Nine County Maintenance Storage Facilities indicated below. The quantity of loads shall be determined by the Department

NOTE: YOU MAY ONLY OFFER ONE PRICE FOR THIS LINE ITEM.

Document ID: RFB 605 2300000335 Page: 9

Bath County Maintenance Storage Facility Owingsville, Kentucky 40360

Boyd County Maintenance Storage Facility Ashland, Kentucky 41102

Carter County Maintenance Storage Facility Grayson, Kentucky 41143

Elliott County Maintenance Storage Facility Sandy Hook, Kentucky 41171

Fleming County Maintenance Storage Facility Flemingsburg, Kentucky 41041

Greenup County Maintenance Storage Facility Greenup, Kentucky 41144

Lewis County Maintenance Storage Facility Vanceburg, Kentucky 41179

Mason County Maintenance Storage Facility Washington, Kentucky 41096

Nicholas County Maintenance Storage Facility Carlisle, Kentucky 40311

Rowan County Maintenance Storage Facility Morehead, Kentucky 40351

10 Salt Haul to KYTC District 10 1.00000 LOAD

Extended Description This is to be the total price per load for hauling salt from the Louisville Storage Facility to any of the Department of Highways District Ten County Maintenance Storage Facilities indicated below. The quantity of loads shall be determined by the Department

NOTE: YOU MAY ONLY OFFER ONE PRICE FOR THIS LINE ITEM.

Breathitt County Maintenance Storage Facility Jackson, Kentucky 41339

Estill County Maintenance Storage Facility Ravenna, Kentucky 40472

Lee County Maintenance Storage Facility Beattyville, Kentucky 41311

Magoffin County Maintenance Storage Facility Salyersville, Kentucky 41465

Menifee County Maintenance Storage Facility Frenchburg, Kentucky 40322

Morgan County Maintenance Storage Facility West Liberty, Kentucky 41472

Document ID: RFB 605 2300000335 Page: 10

Owsley County Maintenance Storage Facility Booneville, Kentucky 41314

Perry County Maintenance Storage Facility Hazard, Kentucky 41701

Powell County Maintenance Storage Facility Stanton, Kentucky 40380

Wolfe County Maintenance Storage Facility Campton, Kentucky 41301

11 Salt Haul to KYTC District 11 1.00000 LOAD

Extended Description This is to be the total price per load for hauling salt from the Louisville Storage Facility to any of the Department of Highways District Eleven County Maintenance Storage Facilities indicated below. The quantity of loads shall be determined by the Department

NOTE: YOU MAY ONLY OFFER ONE PRICE FOR THIS LINE ITEM.

Bell County Maintenance Storage Facility Pineville, Kentucky 40977

Clay County Maintenance Storage Facility Manchester, Kentucky 40962

Harlan County Maintenance Storage Facility Loyall, Kentucky 40854

Jackson County Maintenance Storage Facility Gray Hawk, Kentucky 40434

Knox County Maintenance Storage Facility Barbourville, Kentucky 40906

Laurel County Maintenance Storage Facility London, Kentucky 40741

Leslie County Maintenance Storage Facility Hyden, Kentucky 41749

Whitley County Maintenance Storage Facility Williamsburg, Kentucky 40769

Document ID: RFB 605 2300000335 Page: 11

12 Salt Haul to KYTC District 12 1.00000 LOAD

Extended Description This is to be the total price per load for hauling salt from the Louisville Storage Facility to any of the Department of Highways District Twelve County Maintenance Storage Facilities indicated below. The quantity of loads shall be determined by the Department

NOTE: YOU MAY ONLY OFFER ONE PRICE FOR THIS LINE ITEM.

Floyd County Maintenance Storage Facility - Allen Allen, Kentucky 41061

Floyd County (154) Maintenance Storage Facility - Minnie Minnie, Kentucky 41651

Johnson County Maintenance Storage Facility Staffordsville, Kentucky 41256

Knott County Maintenance Storage Facility Hindman, Kentucky 41822

Lawrence County Maintenance Storage Facility Louisa, Kentucky 41230

Letcher County Maintenance Storage Facility Ermine, Kentucky 41815

Martin County Maintenance Storage Facility Inez, Kentucky 41224

Pike County (151) Maintenance Storage Facility - Shelbiana Shelbiana, Kentucky 41562

Pike County (152) Maintenance Storage Facility - Canada Canada, Kentucky 41519

Pike County (153) Maintenance Storage Facility - Phelps Kimper, Kentucky 41539

Shipping Information Various Shipping

See Extended Description

Various KY

Billing Information Various Billing

See Extended Description

Various KY

Document ID: RFB 605 2300000335 Page: 12

Submission Checklist

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

Item Price

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.

PUBLIC BID READINGS

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

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

BID SUBMISSION CHECKLIST

The vendor MUST include the following with the bid submission. If the items below are not submitted with the bid, the Commonwealth MUST deem the bid non-responsive and SHALL NOT be considered for award.

_____ BID INFORMATION – COMPLETED (See Section 5.00)

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

Document Description Page 13

2300000335 Rock Salt Hauling to KYTC Districts 1-12 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

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

ENTITY (See Section 2.25)

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

_____ CERTIFICATE OF INSURANCE (See Section 1.01)

_____ VIN NUMBER per TRUCK

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 - Scope of Work - Service

1.00 - Specifications of Service Requirements

The Vendor will be required to provide a minimum of five (5) trucks to haul salt from the storage locations designated in this contract. For each additional line item, the Vendor shall provide, at a minimum, an additional two (2) trucks. For instance, if a vendor is awarded two line items he would be required to provide seven (7) trucks, and three line items would require nine (9) trucks, etc. VIN numbers for all trucks will be checked upon award.

Multiple contracts may be awarded per line item. The highest composite score per District will be considered the best value and will receive the number one contract. The second highest score will be awarded the number two contract, and so on. If the vendor awarded the Number One Contract is unable to provide trucks the Department may utilize the vendor with the Number Two Contract and so forth.

Provide trucks under this contract that are capable of hauling a legal load of twenty (20) tons of salt within the state. All hauling assignments will be on designated AAA trucking routes. No out of state hauling will be performed.

Provide trucks that are properly licensed and that have a qualified operator possessing a commercial driver's license (CDL). Operate the trucks in compliance with all-applicable state and federal laws and regulations.

Furnish trucks that are in good mechanical working condition and that are fully operational, with all maintenance and repairs, including fuel and lubrication necessary for operation.

In the case of an accident, perform all cleanups of spilled salt and reimburse the Department for all unusable salt resulting from the accident.

Display a sign on each door or on each side of the truck body with a statement specifying that the truck is under Contract with the Department with the specific terms "Hauling Salt" indicated.

The Department will determine the amount of salt being shipped from the Louisville storage location using a weigh-scale attached to the loader.

Document Description Page 14

2300000335 Rock Salt Hauling to KYTC Districts 1-12 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

Notification to begin hauling will be made first by a telephone contact to the Vendor followed up with a Transportation Delivery Order issued by the Director of the Division of Maintenance or by the Chief District Engineer or their representative.

The Department will be responsible for any overweight load infractions that result from the loading of the trucks by Department personnel. Other infractions will be the responsibility of the Vendor(s).

The trucks and operators will be under the supervision and subject to the orders of the Kentucky Department of Highways who will direct the time and place for the use of such equipment.

Salt Haul Storage Site Location:

Primary Storage Site for Line Items 001 - 0012:

Kentucky Department of Highways Salt Storage Facility Ecospace Business Park, Inc., d/b/a Mother Earth Recycling 1841 Taylor Avenue Louisville, Kentucky 40232

For physical addresses please visit http://transportation.ky.gov/Maintenance/Maintenance_facilities.html.

The per load rate will be paid for each load successfully delivered to the District. The Department is only obligated to pay for the actual number of loads required.

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

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

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

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

A. The certificate holder listed as:

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

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

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

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

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

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

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

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

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

Document Description Page 15 http://transportation.ky.gov/Maintenance/Maintenance_facilities.html http://insurance.ky.gov/company http://insurance.ky.gov/company http://www.ambest.com

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: Salt Hauling to KYTC Districts

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 be for the initial period beginning upon award and expiring September 30, 2023.

2.03 - Optional Renewal Period

This Master Agreement may be extended at the completion of the initial contract period for four (4) additional one-year periods. This extension must have the written approval of the vendor and the KYTC Division of Purchases. The Commonwealth of Kentucky reserves the right to renegotiate any terms and/ or conditions as may be necessary to meet requirements for the extended period. The vendor will be advised of any proposed revisions prior to the renewal periods. In the event proposed revisions cannot be agreed upon, either party shall have the right to withdraw without prejudice from either exercising the option or continuing the contract in an extended period.

2.04 - Divisions/Agencies to Be Served

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

Division of Maintenance and Highway Districts 1-12

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

2.05 - Quantity Basis of Contract

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

2.06 - Exception to Required Use of Contract

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

2.07 - Basis of Price Revisions

PRICE ADJUSTMENTS: Unless otherwise specified, the prices established by the Master Agreement shall be firm for the contract period subject to the following:

Document Description Page 16

A. Price Increases: A price increase will not be allowed during the first twelve (12) months of the contract.

Only one price increase will be allowed during the contract period. The price increase must be based on industry wide price changes. The contract holder must request in writing a price increase at least thirty

(30) days prior to the effective date, and shall provide firm proof that the price increase(s) is justified. The KYTC Division of Purchases may request additional information or justification. If the price increase is denied, the contract holder may withdraw from the contract without prejudice upon written notice and approval by the KYTC Division of Purchases. Notice of withdrawal must be provided a minimum of forty-five (45) days prior to the effective date however the vendor must continue service at the contract prices until a new contract can be established (usually within sixty (60) days).

B. Price Decreases: The contract price shall be reduced to reflect any industry wide price decreases. The contract holder is required to furnish the KYTC Division of Purchases with notice of any price decreases as soon as such decreases are available.

C. Extended Contract Periods: If the contract provides for an optional renewal period, a price adjustment may be granted at the time the contract is renewed, subject to price increase justification as required “A.

Price Increases”. One (1) additional price increase may be granted during the extended contract period.

This price increase will not be allowed during the first six (6) months of the extended contract period and will be subject to the conditions in “A” above.

2.08 - Addition or Deletion of Items or Services

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

2.09 - Changes and Modifications to the Contract

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

2.10 - Reduction in Contract Worker Hours/Employee Furlough

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

2.11 - Basis of Shipment

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

2.12 Delivery Orders for Services

No services 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 delays in response or completion time will be calculated based on the date of the Delivery Order and the response/completion time stated in Section 2.13

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

Document Description Page 17

Any work assigned prior to contract expiration will be considered cancelled if the work has not been initiated at the time of expiration. There will be no claim for damages allowed by reason of cancellation thereof.

If additional time is needed to complete assigned work, please send a request to the Division of Purchases two weeks prior to expiration date. Per Section 2.28, this extension shall not exceed ninety

(90) days.

2.13 - Notices

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

Amanda Lewis Division of Purchases Kentucky Transportation Cabinet Phone: 502-782-4003 E-mail: Amanda.Lewis2@ky.gov

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

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

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

2.14 - Delivery

Delivery at the earliest possible date is desired.

The vendor will be given a notice of 48 hours to begin hauling. Once hauling has begun, the operation will continue as needed. In certain situations, there may be a need to haul on a 24 hour per day basis, 7 days per week until the haul is completed.

The vendor agrees to and further authorizes the Transportation Cabinet to deduct a penalty of $200.00 per truck for a refusal to provide the salt haul service. The penalty will carry forward and will be deducted from any future payments that may be due the Vendor. Refusal of the vendor to provide the salt haul service will also result in the vendor receiving a performance evaluation and cancellation of the contract.

The Vendor is not responsible for, and shall not be penalized for delays in its delivery when caused by factors or events outside Vendor’s control, including but not limited to acts or omissions of the Commonwealth or third parties, acts of civil or military authority, civil disturbance, war, terrorism, pandemics, explosions, fire, floods, tornadoes or other natural disasters or acts of God.

2.15 - 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.

2.16 - 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;

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f. Service Dates;

g. Unit prices; and

h. Extended totals.

2.17 - 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.

2.18 - 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.

2.19 - 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.

2.20-Subcontracts

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

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

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

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

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

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

2.21 - Service Performance

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

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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.

2.22 - 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.

2.23 – 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.

2.24 - 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.

2.25 - 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.

2.26 - 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 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

2.27 - 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

Document Description Page 20 https://onestop.ky.gov/Pages/default.aspx further agrees to comply with the provisions of the Americans with Disabilities Act (ADA), Public Law 101-336, and applicable federal regulations relating thereto prohibiting discrimination against otherwise qualified disabled individuals under any program or activity. The contractor agrees to provide, upon request, needed reasonable accommodations. The contractor will take affirmative action to ensure that applicants are employed and that employees are treated during employment without regard to their race, religion, color, national origin, sex, sexual orientation, gender identity, age or disability. Such action shall include, but not be limited to the following; employment, upgrading, demotion or transfer; recruitment or recruitment advertising; layoff or termination; rates of pay or other forms of compensations; and selection for training, including apprenticeship. The contractor agrees to post in conspicuous places, available to employees and applicants for employment, notices setting forth the provisions of this non-discrimination clause.

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

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

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

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

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

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

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

2.28 - 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.

2.29 - 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

2.30 – Extension to Other Agencies

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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.

2.31 - Extension to Political Subdivisions

The Division of Purchases reserves the right, with the…