Final_RFB_605_2600000318_3_SO_FORM.PDF

Document ID: RFB 605 2600000318 Page: 1

Commonwealth of Kentucky

SOLICITATION MODIFICATION

Modification: Yes Version #: 3

TITLE: Waste Tire and Highway Tire Scrap Removal

Date Issued:

01/21/2026 Record Date:

01/21/2026

Solicitation Closes Date:

01/29/2026 Time:

13:30

Solicitation No:

RFB 605 2600000318

Reason for Modification

Addendum #2 - This addendum is issued to provide responses to questions received from vendors.

No further changes are being made to the solicitation.

The solicitation closing date remains January 29, 2026.

Online Bidding Prohibited: No For Information Call:

Nick Cavender 502-782-3979

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 2600000318 Page: 2

Line Items

Commodity Group: Default Commodity Group

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

1 Removal of Waste Tires and Highway Tire Scrap District 1

29.00000 LOAD

Comm Code Comm Description Manufacturer Model # Manuf Part #

96284 Tire Shredding and Disposal Services

Extended Description ***This is not an order*** This contract established will be for the period of one year from date of award with an option to renew (by agreement of both parties for four (4) additional one (1) year periods.

** Quantities are only an estimate of usage**

See attached for details.

Waste Tire and Scrap Removal for District 1

Removal of Waste Tires and Highway Tire Scrap

Agency Contact: Joey Glisson Phone: 502-545-9017 Email: Larry.Glisson@ky.gov Pick-up Locations:

McCracken County Maintenance Garage 2000 Lane Road Paducah, KY. 42002 Phone: 270-442-6924 Directions: (south of Paducah, .43 miles West of KY 1954 on KY 3054(Lane Road).

Graves County Maintenance Garage Route 8 Mayfield, KY 42066 Phone: 270-247-4494 Directions: Mayfield just east of US 45 on KY 3141(Crittenden Lane)

Lyon County Maintenance Garage Eddyville, KY 42038 Phone: 270-388-2301 Directions: 0.3 miles north of US 62 on KY 373

Trigg County Maintenance Garage 1653 Old Dover Road Cadiz, KY 42211 Phone: 270-522-8550 Direction: 2.5 Miles south of Cadiz off KY 1175

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

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

Document ID: RFB 605 2600000318 Page: 3

2 Removal of Waste Tires and Highway Tire Scrap District 2

7.00000 LOAD

Extended Description Waste Tire and Scrap Removal for District 2

Agency Contact: Wes Melton Phone: 270 824-7080 Email: Wesley.Melton@ky.gov

Pick-up Locations:

Hopkins County Equipment Garage 1840 North Main Street Madisonville, KY 42431 Phone: 270 824-7080

Daviess County Maintenance Garage 2973 Fairview Drive Owensboro, KY 42303 Phone: 270-683-6066

Ohio County Maintenance Garage 850 State Route 1543 Hartford, KY 42347 Phone: 270-298-3781

3 Removal of Waste Tires and Highway Tire Scrap District 3

9.00000 LOAD

Extended Description Waste Tire and Scrap Removal for District 3

Agency Contact: Matt Davis Phone: 270-842-5679 Email: Matt.Davis@ky.gov

Pick-up Locations:

Barren County Maintenance Garage Glasgow, KY 42140 Contact: Chad Martin Phone: 270-651-2313 Directions: 351 Calvary Drive, Jct. US 31E & Armory Rd., near SCL of Glasgow

Warren County Maintenance Garage Bowling Green, KY 42102

Document ID: RFB 605 2600000318 Page: 4

Phone: 270-842-5679 Directions: KY 884 (Three Springs Rd)at Green River Pkwy in Bowling Green

4 Removal of Waste Tires and Highway Tire Scrap District 4

11.00000 LOAD

Extended Description Waste Tire and Scrap Removal for District 4

Agency Contact: Paul Crewz Phone: 270-766-5149 Email: Paul.Crewz@ky.gov

Pick-up Locations:

Hardin County Maintenance Garage 310 Valley Creek RD Elizabethtown, KY 42701 Phone: 270-766-5146 Directions: East CL of Elizabethtown, on Locust Grove KY 567

Taylor County Maintenance Garage 236 Bear Track Rd Phone: 270-465-4883 Directions: on US 60, 1/2 mile North of Campbellsville

5 Removal of Waste Tires and Highway Tire Scrap District 5

16.00000 LOAD

Extended Description Waste Tire and Scrap Removal for District 5

Pick-up Location:

Division of Equipment Warehouse 1239 Wilkinson Blvd Frankfort, KY 40601 Agency Contact: Jason Lambert or Kim Stamper Jason.Lambert@ky.gov Kim.Stamper @ky.gov 502-782-8992

Agency Contact: Christopher Fendley Phone: 502-210-5400 Email: ChristopherF.Fendly@ky.gov

Pick-up Locations:

Franklin County Maintenance Garage

Document ID: RFB 605 2600000318 Page: 5

1900 US 127 South Frankfort, KY 40601 Phone: 502-564-6998 Directions: Southeast quadrant of US 127 and I-64 Interchange

Henry County Maintenance Garage Route 1, 368 Port Royal Rd Campbellsburg, KY 40011 Phone: 502-845-2831 Directions: KY 193, 0.5 miles East of US 421

Jefferson County Maintenance Garage 4334 Poplar Level Rd Louisville, KY 40213 Phone: 502-458-1333 KY 864, 0.5 miles South on I-264 Interchange

Jefferson County East (Middletown) 313 North English Station Road Louisville, Kentucky 40223 Phone: 502-245-9552

Shelby County Maintenance Lot 555 Old Seven Mile Pike Shelbyville, KY 40065 Phone: 502-633-1744 Directions: Go North on KY53, off exit 35 on I-64, Westbound.

In Appx 1 mile, turn right onto Old Seven Mile Pike (KY2258).

In appx mile, turn left to location entrance.

6 Removal of Waste Tires and Highway Tire Scrap District 6

13.00000 LOAD

Extended Description Waste Tire and Scrap Removal for District 6

Agency Contact: Jeremy Hensley Phone: 859-635-9240 Email: Jeremy.Hensley@ky.gov

Pick-up Locations:

Boone County Maintenance Barn 3640 O'Hara Road Erlanger, KY 41018 Phone: 859-371-5421 Directions: 2.0 miles NW of Erlanger off airport road (KY 236) on O'Hara Road

Grant County Maintenance Barn US Hwy 25 Williamstown, KY 41097 Phone: 859-824-4633 Direction: On US 25, 2.0 miles south of Williamstown, KY

Pendleton County Maintenance Barn

Document ID: RFB 605 2600000318 Page: 6

Route 5, Box 9, Morgan Road Falmouth, KY 41040 Phone: 859-654-2301 Direction on KY 330, 1.0 mile west of US 27 near Falmouth

7 Removal of Waste Tires and Highway Tire Scrap District 7

12.00000 LOAD

Extended Description Waste Tire and Scrap Removal for District 7

Agency Contact: Tim Davis Phone: 859-246-2097 Email: Timothy.Davis@ky.gov

Pick-up Location:

Clark County Maintenance Facility 1055 Early Drive Winchester, KY 40391 Phone: 859-737-7687

Fayette County Maintenance Facility 2151 Old Frankfort Pike Lexington, KY 40511 Phone: 859-246-2059

Mercer County Maintenance Facility 455 West Factory Street Harrodsburg, KY 40330 Phone:859-734-2278 North end of Magnolia Street in Harrodsburg

8 Removal of Waste Tires and Highway Tire Scrap District 8

5.00000 LOAD

Extended Description Waste Tire and Scrap Removal for District 8

Contact: Brady Wilson Phone: 606-416-4944 Email: Brady.wilson@ky.gov

Pick-up Location:

Adair County Maintenance Storage Facility 103 Service Road

Document ID: RFB 605 2600000318 Page: 7

Columbia, KY 42728

PHONE: 270-384-6551

Directions: 6.0 miles North of Columbia on KY 55

Pulaski County Maintenance Barn 650 Monticello Street Somerset, KY 42501

PHONE: 606-677-4017

Directions: Monticello Road (KY 2444) south of Somerset

Rockcastle County Maintenance Barn US 25 South MT Vernon, KY 40456 Phone: 606-256-2116 Directions: 0.5 miles south of Mt. Vernon off US 25 on KY 2224, 0.2 miles fro m US25

9 Removal of Waste Tires and Highway Tire Scrap District 9

7.00000 LOAD

Extended Description Waste Tire and Scrap Removal for District 9

Contact: Jimmy Jones 606-845-2551 Email; James.Jones@ky.gov

Pick-up Location:

Fleming County Maintenance Storage Facility 822 Elizabeth Road Flemingsburg, KY 41041 Phone: 606-845-3271 Directions: KY 32 Bypass, Elizabeth road 0.4 mile North of KY 11 on KY 597 in Flemingsburg

Greenup County Maintenance Facility 8074 US 23 North (4.0 miles north of Greenup on US 23) Greenup, KY 41144 Phone: 606-473-9415 Directions: (4.0 miles north of Greenup on US 23)

Rowan County Maintenance Facility 25 West BP Drive Morehead, KY 40351 Phone: : 606-784-8565 Directions: 2.0 miles NW of Morehead on KY 32

Document ID: RFB 605 2600000318 Page: 8

10 Removal of Waste Tires and Highway Tire Scrap District 10

3.00000 LOAD

Extended Description Waste Tire and Scrap Removal for District 10

Agency Contact: David Abner Phone: 606-666-8841 Email: David.Abner@ky.gov

Pick-up Location:

Lee County Maintenance Facility KY 11 South 780 West Ridge Road Beattyville, KY 41311 Phone: 606-464-2417 Directions: KY 11, 1.6 miles south of Beattyville city limits

Powell County Maintenance Facility 700 East College Avenue Stanton, KY 40380 Phone: 606-663-4460 Direction: Hwy 213 North from Stanton, 3rd traffic light, turn right, Hwy 11

11 Removal of Waste Tires and Highway Tire Scrap District 11

5.00000 LOAD

Extended Description Waste Tire and Scrap Removal for District 11

Agency Contact: Greg Dewees Phone: 606-598-3542 Email: Greg.Dewees@ky.gov

Pick-up Location:

Bell County Maintenance Facility Pineville, KY 40977 Phone: 606-337-3310 Directions: 4.0 miles south of Pineville on US 25E

Clay County Maintenance Facility Manchester, KY 409652 Phone: 606-598-3541 Direction: 2.0 miles north of Manchester on US 421

Whitley County Maintenance Facility

Document ID: RFB 605 2600000318 Page: 9

Williamsburg, KY 40769 Phone: 606-549-1870 Direction: 0.3 mile south of KY 92 on US 25W near Williamsburg

12 Removal of Waste Tires and Highway Tire Scrap District 12

1.00000 LOAD

Extended Description Waste Tire and Scrap Removal for District 12

Agency Contact: John Dixon Phone: 502-682-8878 Email: JohnT.Dixon@ky.gov

Pick-up Location:

Pike County Maintenance Garage at Shelby 145 Shelby Dry Fork Shelbiana, KY 41562 Phone: 606-433-7521 Directions: 0.5 mile east of US460 on KY 2552-Dry Fork Road at Shelbiana

Johnson County Maintenance Facility 1934 KY Route 172 Staffordsville, KY 41256 Phone: 606-297-3854

Floyd County Maintenance Facility 5078 KY Route 1428 Allen, KY 41061 Phone: 606-874-2316

Shipping Information Various Shipping

See Extended Description

Various KY

Billing Information Various Billing

See Extended Description

Various KY

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Submission Checklist

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

Item The bidder with the lowest price receives the maximum score. 100 Points

1/21/2026 – Addendum #2 - To provide responses to questions received from vendors.

1. Upon award, how many days does the vendor have to place the 30-yard roll-off containers at the sites?

The intended contract start date is March 1, 2026. The awarded vendor(s) will have 30 days from the contract start date to place the containers on site, with a deadline no later than April 1, 2026.

Bid closing date shall remail the same.

No other changes have been made.

1/20/2026 - Addendum #1 - to move closing date to 1/29/2026. A follow up addendum will be posted to answer vendor questions.

No other changes have been made.

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.

Document Phase Document Description Page 11

2600000318 Final Waste Tire and Highway Tire Scrap Removal Total Pages: 33 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

PUBLIC BID READINGS

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.

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

ENTITY (See Section 2.26)

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

_____ CERTIFICATE OF INSURANCE (See Section 1.03)

_____ EQUIPMENT SPECIFICATION/PRODUCT LITERATURE

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.

Vendors should review and comply with the general bidding requirements listed under “Procurement Laws, Preference, Regulations and Policies” and “Response to Solicitation” located on the eProcurement Web page at https://finance.ky.gov/eProcurement/Pages/procurement-laws-regulations-and-policies.aspx and https://finance.ky.gov/eProcurement/Pages/doing-business-with-the-commonwealth.aspx respectively. The vendor must comply with all applicable statutes, regulations and policies related to this procurement.

Section 1 - Scope of Work - Service

1.00 - Specifications of Service Requirements

The Kentucky Transportation Cabinet (KYTC) is soliciting bids for the removal, transportation, and recycling of waste tires and highway tire scrap generated within KYTC Districts 1 through 12. Contracts and awards will be made by individual District.

The successful bidder shall furnish all labor, equipment, containers, transportation, permits, and services necessary to remove and properly recycle waste tire materials in accordance with all applicable federal, state, and local regulations.

Waste tire scrap will be generated at KYTC facilities and designated locations within Districts 1–12. Exact locations are listed in the extended description of the commodity lines of this solicitations.

Document Phase Document Description Page 12

2600000318 Final Waste Tire and Highway Tire Scrap Removal Total Pages: 33 https://finance.ky.gov/eProcurement/Pages/procurement-laws-regulations-and-policies.aspx

1.01 Service Requirements

The successful vendor shall provide the following services:

Container Provision

Provide a thirty (30) cubic yard roll-off container or equivalent-size open-top trailer(s) at each selected site.

Containers must be suitable for the storage and transport of waste tires and highway tire scrap.

Notification and Pickup Pick up waste tires upon notification by KYTC personnel when the container is full.

Pickup must be performed within a reasonable time frame as agreed upon with the District.

Material Removal Remove all waste tire materials placed in the container.

Materials may include, but are not limited to:

Passenger vehicle tires Truck tires Off-road or highway tires Tires with rims The vendor may not selectively remove materials; all waste tire items present must be removed.

Recycling Requirement The vendor shall guarantee that 100% of waste tires and tire scrap collected under this contract are recycled.

All disposal methods must comply with all applicable environmental laws and regulations.

Cost Responsibility Once waste tires are picked up by the vendor, KYTC shall incur no further cost related to disposal, recycling, or handling of the waste tires.

Permitting Requirements The successful vendor must:

Be properly permitted by the Kentucky Department of Environmental Protection (KDEP) to collect, transport, and manage waste tires.

Maintain all required permits throughout the duration of the contract.

Provide proof of permitting upon request.

Information regarding waste tire permitting can be found at the following resources:

Waste Tire Permitting Information https://eec.ky.gov/Environmental-Protection/Waste/solid-waste/i-need-information/Pages/waste-tire-permitting.aspx

Waste Tire Management Fact Sheet for Permittees https://eec.ky.gov/Environmental-Protection/Waste/recycling-and-local-assistance/waste-tires/Documents/Waste %20Tire%20Fact%20Sheets%20for%20Permittees11-20-08.pdf

1.02– Insurance Requirements

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

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

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

Document Phase Document Description Page 13

2600000318 Final Waste Tire and Highway Tire Scrap Removal Total Pages: 33 https://eec.ky.gov/Environmental-Protection/Waste/solid-waste/i-need-information/Pages/waste-tire-permitting.aspx https://eec.ky.gov/Environmental-Protection/Waste/recycling-and-local-assistance/waste-tires/Documents/Waste%20Tire%20Fact%20Sheets%20for%20Permittees11-20-08.pdf https://eec.ky.gov/Environmental-Protection/Waste/recycling-and-local-assistance/waste-tires/Documents/Waste%20Tire%20Fact%20Sheets%20for%20Permittees11-20-08.pdf

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.

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 Equipment to award a master agreement contract for: Waste Tire and Highway Tire Scrap Removal Services – KYTC Districts 1–12

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 1/31/2027.

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.

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2600000318 Final Waste Tire and Highway Tire Scrap Removal Total Pages: 33 http://insurance.ky.gov/company http://www.ambest.com

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 Equipment

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:

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

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.

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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 2.14.

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 2.29, 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:

Nick Cavender

Division of Purchases

Kentucky Transportation Cabinet

Phone: 502-782-3979

E-mail: Nicholas.Cavender@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.

Document Phase Document Description Page 16

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

Response at the earliest possible date is desired.

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.

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

Document Phase Document Description Page 17 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 vendor (prime contractor) is permitted to make subcontract(s) with any other party for furnishing any of the work or services herein. The vendor 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 vendor/contractor shall be construed to encompass both the prime contractor and any subcontractors.

The vendor (prime contractor) shall notify the KYTC Division of Purchases buyer listed in Section 2.13 prior to use of subcontractors for 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.

The Vendor shall ensure that all contractors or subcontractors comply with all applicable Federal, State, and Local laws, regulation, mandates, and all terms of the solicitation/contract. KYTC reserves the right to request documentation to verify the subcontractors compliance at any time.

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.

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).

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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 – Non- Discrimination

The Equal Employment Opportunity Act of 1978 (the “Act”), KRS 45.560 to 45.640, applies to all State government contracts or subcontracts in an amount exceeding $500,000. The contractor shall comply with all terms and conditions of the Act.

During the performance of this contract, the Contractor agrees as follows:

(a) The Contractor shall not discriminate against any employee or applicant for employment because of race, color, religion, sex, age forty (40) and over, disability, veteran status, or national origin or.

(b) The Contractor shall take affirmative action in regard to employment, upgrading, demotion or transfer;

recruitment or recruitment advertising; layoff or termination rates of pay or other forms of compensation, and selection for training, so as to ensure that applicants are employed and that employees are treated during employment without regard to their race, color, religion, sex, age forty (40) and over, disability, veteran status, and national origin.

(c) The Contractor shall state in all solicitations or advertisements for employees placed by or on behalf of the Contractor that all qualified applicants will receive consideration for employment without regard to race, color, religion, sex, age forty (40) and over, disability, veteran status, or national origin.

(d) The Contractor shall post notices in conspicuous places, available to employees and applicants for employment, setting forth the provisions of this non-discrimination clause.

The Contractor shall send a notice to each labor union or representative of workers with which he/she has a collective bargaining agreement or other contract or understanding advising the said labor union or workers' representative of the Contractor's commitments under this nondiscrimination clause.

The Contractor's noncompliance with the nondiscrimination clauses of this contract shall constitute a material breach of the contract.

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Each Contractor shall, for the length of the contract or at the point at which the contract is covered by this Act and until its conclusion, furnish such information as required by the Act and any rules, regulations and orders issued pursuant thereto and permit access to all books and records pertaining to his employment practices and work sites by the contracting agency and the Cabinet to ascertain compliance with the Act.

This section applies to agreements disbursing federal funds, in whole or part, only when the terms for receiving those funds mandate its inclusion.

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

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 state agency certifies that it is in compliance with the provisions of KRS 45A.150, "Access to contractor's books, documents, papers, records, or other evidence directly pertinent to the contract." The Contractor, as defined in KRS 45A.030, 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 agreement for the purpose of financial audit or program review. 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. Records and other prequalification information confidentially disclosed as part of the bid process shall not be deemed as directly pertinent to the agreement and shall be exempt from disclosure as provided in KRS 61.878(1)(c).

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

Document Phase Document Description Page 20 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

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.

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2600000318 Final Waste Tire and Highway Tire Scrap Removal Total Pages: 33 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 https://apps.legislature.ky.gov/law/statutes/chapter.aspx?id=37674 https://apps.legislature.ky.gov/law/statutes/chapter.aspx?id=38890 https://apps.legislature.ky.gov/law/statutes/chapter.aspx?id=38899 https://apps.legislature.ky.gov/law/statutes/chapter.aspx?id=38902 https://apps.legislature.ky.gov/law/statutes/chapter.aspx?id=38914 https://apps.legislature.ky.gov/law/statutes/statute.aspx?id=48539 https://apps.legislature.ky.gov/law/statutes/statute.aspx?id=50541 https://apps.legislature.ky.gov/law/statutes/statute.aspx?id=52935

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:

Nick Cavender Division of Purchases Kentucky Transportation Cabinet Phone: 502-782-3979 E-mail: Nicholas.Cavender@ky.gov

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

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

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

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