Final_RFB_605_2300000827_1_SO_FORM.PDF

Document ID: RFB 605 2300000827 Page: 1

Commonwealth of Kentucky

SOLICITATION

Modification: No Version #:

TITLE: Oil/Water Seperator for Statewide Use

Date Issued:

06/14/2023 Record Date:

06/14/2023

Solicitation Closes Date:

06/29/2023 Time:

13:30

Solicitation No:

RFB 605 2300000827

Online Bidding Prohibited: No For Information Call:

Tiffany Kiser 502-782-3974

Bid Receiving Location:

KYTC Division of Purchases Bid Clerk 200 Mero Street 4th Floor Frankfort KY 40622

Vendor Customer Number:

Vendor Name:

Phone Number:

Fax Number:

Email Address:

Ordering

Address:

City, State, Zip:

Contact Name:

Contact Email:

Contact Phone Number:

Payment

Address:

City, State, Zip:

Contact Name:

Contact Email:

Contact Phone Number:

Ownership Type

__ Sole Proprietorship __ Partnership __ Corporation __ Other_________________________

SIGNATURE OF AUTHORIZED AGENT IS REQUIRED UNLESS RESPONSE

IS SUBMITTED ELECTRONICALLY. FAILURE TO SIGN SHALL RENDER

THE BID INVALID.

Signature X_________________________________________ FEIN#____________________ Date____________

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

Document ID: RFB 605 2300000827 Page: 2

Line Items

Commodity Group: Default Commodity Group

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

1 Clarifiers and Settlers 0.00000 EA

Comm Code Comm Description Manufacturer Model # Manuf Part #

89013 Clarifiers and Settlers (Separators)

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.

Vendors should review and update, if necessary, all addresses and contact persons for their account prior to bid submission. This information will carry forward to a contract if awarded, therefore please ensure all information is correct.

Contractor shall furnish all labor, materials, etc. necessary to carry out furnishing and delivery/placement of the proposed oil/water separator at various locations statewide under the master agreement, all in accordance with the plans and specifications.

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

2 Delivery/Placement 0.00000 EA

Comm Code Comm Description Manufacturer Model # Manuf Part #

89013 Clarifiers and Settlers (Separators)

Extended Description Delivery Placement

Shipping Information KYTC Division of Facilities Support

1219 Wilkinson Blvd

Frankfort KY 40601

Billing Information KYTC Division of Facilities Support

1219 Wilkinson Blvd

Frankfort KY 40601

Document ID: RFB 605 2300000827 Page: 3

Submission Checklist

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

Item

NEW – Vendor Self Service website has changed as of March 26, 2023.

The new link is https://vss.ky.gov.

Vendors will continue to use the same login credentials.

Instructions for How to Submit an Online Response are attached to this solicitation and also posted on the website.

ELECTRONIC BID SUBMISSION

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

Link: https://vss.ky.gov

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://vss.ky.gov

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.

Document Description Page 4

2300000827 Oil/Water Seperator for Statewide Use https://vss.ky.gov https://vss.ky.gov https://vss.ky.gov 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

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.

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

ENTITY (See Section 2.25)

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

_____ CERTIFICATE OF INSURANCE (See Section 1.03)

_____ EQUIPMENT SPECIFICATION/PRODUCT LITATURE

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

1.00 - Specifications of Service Requirements Contractor shall furnish all labor, materials, etc. necessary to carry out furnishing and delivery/placement of the proposed oil/water separators at various locations statewide under a master agreement all in accordance with the plans and specifications. If the oil/water separator has a holding tank (greater than 110 gallons) for the oil collected, the contractor installing the tanks must be certified by the Kentucky State Fire Marshal’s Office. Contractors that are not currently on the list but wish to submit a bid for this solicitation must be registered prior to the bid closing date. All vendors should submit proof of certification with their bid submission. Vendors using subcontractors for any part of this contract shall complete and submit Attachment C Required Affidavit Regarding Subcontractors listing all intended subcontractors. Awarded vendor shall notify the Division of Purchases Buyer listed below of any changes or additions to the listed contractors within two (2) days prior to performing any services. Services shall not be provided by any subcontractor unless written approval has been received by the Division of Purchases.

Notification to add a subcontractor or to make changes to a listed subcontractor shall be sent via email to:

Division of Purchases Buyer: Tiffany Kiser Email: Tiffany.Kiser@ky.gov

Document Description Page 5 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 mailto:Tiffany.Kiser@ky.gov

0.01 - General Conditions

Notes These specifications do not stipulate the use of any specific brands of building materials;

however, the awarded vendor, in conjunction with the supplier, shall match or exceed specifications as called for herein.

Any and all dimensions shown are approximate in nature. The contractor is responsible for all final dimensions. Contractor is to verify all field dimensions before ordering materials.

Contractor is cautioned against incorporating any changes in these specifications without the written approval of the Construction Superintendent of the KYTC Division of Facilities Support.

Any unapproved changes on this project will not be recognized for payment by the owner.

Contractor and his employees shall adhere to all National Safety Standards while on this project. Any disregard of safety standards by his employees shall render the owner safe from any citations or stop work orders.

The contractor shall not use any state owned equipment nor state personnel on this project during the terms of the contract.

Warranty The contractor herein warrants that all materials furnished are new and of good quality. The contractor further guarantees that the project is free of defective materials and workmanship for a period of one

(1) year from substantial completion. Upon notification of any defects within the confines of stated guarantee period, the contractor shall make all necessary repairs and replacements, at no cost to the owner including work time and distance to site, and such repairs shall be accomplished within three (3) working days after notification. Additional warranty requirements, as may be required, shall be referenced elsewhere in this specification.

1.02 - Special Conditions

Damaged Facilities The General Contractor shall repair and/or replace, at no expense to the Commonwealth, any damage to adjoining properties, existing buildings or other facilities, inclusive of but not limited to landscaping, streets, drives, utilities, etc., caused by or the results of work performed under this Contract, whether by his own forces and/or by his Sub Contractors and/or by the material suppliers.

Construction and Safety Requirements The Safety Rules and Regulations of the General Contractors Association of America and OSHA shall be observed and complied with fully throughout the duration of this project.

Quality Assurance Use adequate numbers of skilled workmen who are thoroughly trained and experienced in the necessary crafts and who are completely familiar with the specified requirements and the methods needed for proper performance of the work of this Section.

Furnish each Oil/Water Separator as a complete unit produced by one manufacturer, including hardware, accessories, mounting and installation components.

1.03 – Materials

Provide standard Oil/Water Separators with the following attributes:

The Oil / Water Separator shall be made of concrete with a minimum compressive strength of 5000 psi @ twenty eight (28) days, shall have a total weight of approximately 18,463 lbs. Each shall be reinforced with #4 bars, Grade 60, Epoxy Coated Rebar designed for a HS-20 Loading. All joints shall be sealed with Butyl Conceal Sealant per ASTM C-990-91.

Finish: Top of the vault shall be edged and brushed

Lettering on the tops of the lids shall read “OIL/WATER SEP”

Acceptable Products The Oil / Water Separators must be those manufactured by Oldcastle Infrastructure; Model No.

Document Description Page 6

#1000 OWS-KY being 4’0” x 8’-0” x 6’-0” O.D.

Gallon Grease Trap with 1-baffle or an approved equal is acceptable when in compliance with the plan and as specified herein.

Other Materials Provides openings and baffle as detailed on the plans and as specified herein.

The lids for the separators shall be those manufactured by J.R. Hoe & Son Model No. # MC 350 or approved equal.

The lid manufactured by J.R. Hoe & Son or approved equal shall read “Oil/Water Sep.”

Provide other materials, not specifically described but required for a complete and proper Oil/Water Separator.

Provide for a weather tight seal at all openings.

1.04 – Execution

Installation Install the work of this Section in strict accordance with the original design, the approved Shop Drawings, pertinent requirements of governmental agencies having jurisdiction, and the manufacturer’s recommended delivery & placement procedures as approved by the owner.

The Transportation Cabinet shall excavate to required depth and provide a compacted granular base. The oil/water separator vendor shall deliver the unit to the requested site and provide the hoist equipment necessary to place the unit into the hole per instruction from the Transportation Cabinet project foreman.

The Transportation Cabinet shall connect all piping, backfill around the unit and establish finish grade.

Upon completion of the delivery/placement, Make required adjustments and assure that the unit is in the proper location at the proper depth, angle, etc.

Mileage: Contractor shall be paid a set amount of $350.00 per delivery/placement location. This will be total compensation for the accepted delivery and placement by the vendor to any project location within the Commonwealth of Kentucky.

Warranty of Materials The contractor herein warrants that all materials furnished are new and of good quality. The contractor further guarantees that the project is free of defective materials and workmanship for a period of one (1) year from final completion date. Upon notification of any defects within the confines of stated guarantee period, the contractor shall make all necessary repairs and replacements at no cost to the owner including work time and distance to site, and such repairs shall be accomplished within three (3) working days after notification. Additional warranty requirements, as may be required, shall be referenced elsewhere in this set of specifications.

Safety of Persons and Property The contractor shall continuously maintain adequate protection of all work from damage and shall protect the owner’s property from injury or loss arising in connection with this solicitation. He shall make good any such damage, injury, or loss, except such as may be directly due to errors in the solicitation or caused by agents or employees of the owner. He shall adequately protect adjacent property as provided by law and the solicitation.

The contractor shall take all necessary precautions for the safety of employees on the work site, and shall comply with all applicable provisions of federal, state, and municipal safety laws and building codes to prevent accidents or injury to persons on, about, or adjacent to the premises where the work is being performed.

Hazardous Materials In the event the contractor unexpectedly encounters on the site material reasonably believed to be asbestos, polychlorinated biphenyl (PCB) or other classified hazardous substances/materials which have not been rendered harmless, the contractor shall immediately stop work in the area affected and report the condition to the owner. The work in the affected area shall not thereafter be resumed except by written agreement of the owner and contractor if in fact the material is asbestos, polychlorinated biphenyl (PCB), or other classified hazardous substances/materials which have not been rendered harmless.

Document Description Page 7

The work in the affected area shall be resumed in the absence of any classified hazardous substances/ materials or when it or they have been rendered harmless.

Cleanup The contractor shall at all times keep the project premises and surrounding area free from the accumulation of waste materials or rubbish caused by his operations in connection with the project.

Upon completion of the work, and prior to final inspection and acceptance, the contractor shall remove all remaining waste materials, rubbish, contractor’s construction equipment, tools, machinery and surplus materials and leave the project (including but not limited to glass, hardware, fixtures, masonry, tile and marble) in a clean and usable condition satisfactory to the owner. If the contractor fails to clean up as provided in the contract documents, the owner may perform the cleaning tasks and charge the cost to the contractor.

Compliance All work performed under these Plans and Specifications must adhere to all codes, regulations and requirements of all inspection and regulatory agencies and the work will be performed according to these requirements. If the plans and specifications do not set forth all codes, etc., this does not relieve the Contractor of the responsibility to adhere to all requirements necessary for completing the Contract in accordance with all necessary codes, regulations and requirements.

If problems are found during construction operations, they will be brought to the attention of the Division of Facility Management for review and direction. However, this does not relieve the Contractor of bidding and constructing the project in accordance with all requirements.

1.05– 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 8 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 Facilities Support to award a master agreement contract for: Oil/Water Seperators

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 _7/1/23_ and expiring _6/30/24_.

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:

All Kentucky Transportation Cabinet Locations Statewide

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

Document Description Page 9

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

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

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

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

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

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

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

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

2.08 - Addition or Deletion of Items or Services

The KYTC Division of Purchases reserves the right to add new and similar items, with the consent of the vendor, to the contract. If an addition is agreeable to both parties, the KYTC Division of Purchases will 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

Document Description Page 10

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

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:

Tiffany Kiser

Division of Purchases

Kentucky Transportation Cabinet

Phone: 502-564-4630

E-mail: Tiffany.Kiser@ky.gov

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

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

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

2.14 – Response

Vendor guarantees a response time within thirty (30) calendar days after receipt of an official delivery order. Delivery is required within thirty (30) calendar days following the receipt of delivery order from District Personnel. Vendors that enter more than thirty calendar days, may be deemed nonresponsive.

The Vendor agrees that when delivery is not made within the contracted due date, $1,000.00 per day shall be deducted from the Vendor’s invoice for each day the Vendor fails to meet the contracted delivery date.

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

2.15 - 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.

Document Description Page 11

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;

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.

Document Description Page 12

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.

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.

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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 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

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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

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 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.

2.32 - 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.

2.33 - Records Retention

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

2.34 - Bidder, Offeror, or Contractor Mandatory Representations Compliance with Commonwealth Law

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The contractor represents that, pursuant to KRS 45A.485, they and any subcontractor performing work under the contract will be in continuous compliance with the KRS chapters listed below and have revealed to the Commonwealth any violation determinations within the previous five (5) years:

KRS Chapter 136 (CORPORATION AND UTILITY TAXES)

KRS Chapter 139 (SALES AND USE TAXES)

KRS Chapter 141 (INCOME TAXES)

KRS Chapter 337 (WAGES AND HOURS)

KRS Chapter 338 (OCCUPATIONAL SAFETY AND HEALTH OF EMPLOYEES)

KRS Chapter 341 (UNEMPLOYMENT COMPENSATION)

KRS Chapter 342 (WORKERS' COMPENSATION)

2.35 - Boycott Provisions

If applicable, the contractor represents that, pursuant to KRS 45A.607, they are not currently engaged in, and will not for the duration of the contract engage in, the boycott of a person or an entity based in or doing business with a jurisdiction with which Kentucky can enjoy open trade. Note: The term Boycott does not include actions taken for bona fide business or economic reasons, or actions specifically required by federal or state law.

If applicable, the contractor verifies that, pursuant to KRS 41.480, they do not engage in, and will not for the duration of the contract engage in, in energy company boycotts as defined by KRS 41.472.

2.36 - Lobbying Prohibitions

The contractor represents that they, and any subcontractor performing work under the contract, have not violated the agency restrictions contained in KRS 11A.236 during the previous ten (10) years, and pledges to abide by the restrictions set forth in such statute for the duration of the contract awarded.

The contractor further represents that, pursuant to KRS 45A.328, they have not procured an original, subsequent, or similar contract while employing an executive agency lobbyist who was convicted of a crime related to the original, subsequent, or similar contract within five (5) years of the conviction of the lobbyist.

2.37 - 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:

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2300000827 Oil/Water Seperator for Statewide Use https://apps.legislature.ky.gov/law/statutes/statute.aspx?id=22431 https://apps.legislature.ky.gov/law/statutes/chapter.aspx?id=37644 https://apps.legislature.ky.gov/law/statutes/chapter.aspx?id=37663…