Document ID: RFB 605 2700000094 Page: 1

Commonwealth of Kentucky

SOLICITATION

Modification: No Version #:

TITLE: Demolition Service Powell County Parcel 9

Date Issued:

08/25/2026 Record Date:

08/24/2026

Solicitation Closes Date:

09/10/2026 Time:

13:30

Solicitation No:

RFB 605 2700000094

Online Bidding Prohibited: No

For Information Call:

PAIGE GRASS

502-564-5243

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 2700000094 Page: 2

Line Items

Commodity Group: Default Commodity Group

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

1 Powell County 10-170.00 Parcel 9

Comm Code Comm Description Manufacturer Model # Manuf Part #

91240 Demolition Services

Extended Description Vendors shall submit bid pricing in table provided in Section 1.00.

All phases of work required to complete this project shall be included in the cost.

NOTE TO CONTRACTOR A mandatory onsite prebid meeting will NOT be held to discuss these parcels. It shall be the responsibility of prospective bidders to inspect and investigate improvements prior to submitting proposals to determine pertinent factors such as access, zoning, easements, condition of improvements, etc. The submission of a proposal will be construed as evidence that inspections and investigations have been made. Later claims for such items which could have been foreseen had inspections/investigations been made shall not be recognized.

Please contact Logan Hembree 606-240-8613 for directions to the location.

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

*On this line, Bidders must enter $0.01 for price and zero (0) for delivery in the e-procurement system.* See attached document How to Respond to an Online Bid through the Kentucky Vendor Self Service site (updated).pdf.

*ALL actual BID PRICES and DELIVERY TIME must be entered on attached Bid Sheet and submitted as an attachment in the e-procurement system.* *Please enter contact person, phone number, and email address on the bid sheet.* Emailed and hard copies delivered by any method WILL NOT BE ACCEPTED.

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.

Shipping Information KYTC Division of Right of Way and Utilities

200 Mero Street 4th Floor Frankfort KY 40622

Billing Information KYTC Division of Right of Way and Utilities

200 Mero Street 4th Floor Frankfort KY 40622

Document ID: RFB 605 2700000094 Page: 3

Submission Checklist

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

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

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

Any person wishing to hear a bid reading may call our conference line at 502-564-4495, Enter the Conference ID Code 240522126# and

Participant Code 228420#, 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)

_____ VENDOR BID SHEET (Attached Excel)

Document Phase Document Description Page 4

2700000094 Final Demolition Service Powell County Parcel 9 Total Pages: 34 https://vss.ky.gov https://vss.ky.gov https://emars311.ky.gov/webapp/vssprdonline3111d/AltSelfService https://finance.ky.gov/eProcurement/Pages/doing-business-with-the-commonwealth.aspx https://finance.ky.gov/eProcurement/Pages/doing-business-with-the-commonwealth.aspx mailto:Finance.CRCGroup@ky.gov

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

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

ENTITY (See Section 2.13)

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

_____ CERTIFICATE OF INSURANCE (See Section 1.01)

_____ PERFORMANCE AND PAYMENT BONDS (See Section 1.00)

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 Division of Purchases issues this solicitation on behalf of the Division of Right of Way and Utilities to award a one- time contract for: Demolition Services Powell Co P.9

1.00#Specifications of Service Requirements

PARCEL DESCRIPTION (include address) Amount Due

Bidder (A)

Amount Due

State (B)

09 686 W College Ave, Stanton, KY 40380 Latitude & Longitude: 37°50'48.43" N 83°52'15.17" W

1 story vinyl sided/concrete block commercial building 2200 sf, concrete block foundation with partially finished basement, metal roof. 12x30 concrete covered patio. 7x4 concrete

Document Phase Document Description Page 5 https://finance.ky.gov/eProcurement/Pages/procurement-laws-regulations-and-policies.aspx ramp, 50 concrete steps (25 on each side of building). Metal handrails on each side of building. On public sewer.

**NOTE: Northwest side of building is within a few feet of another building (see picture #4). The subject contains a 3000 sf asphalt parking lot (see picture #1), however, upon demolition, the asphalt will remain as is and will not be removed. The slope of the property is such that it will not require a retaining wall. The contractor will need approximately 700 cubic yards of appropriate fill dirt, sand, or stone to complete the contract.

*NOTE – ALL UTILITY POLLS

STAY IN PLACE AND WILL BE

RELOCATED PER UTILITY

RELOCATION PROCEDURES

Total Total

Lump Sum Total

_____ Amount Due Bidder

______ Amount Due State

NOTE: Failure of the Bidder to include an amount for each parcel shall result in rejection of bid.

INSTRUCTIONS TO BIDDER: Total for Column A – (minus) Total for Column B = (equals) Lump Sum Total. If Column A is greater than Column B the lump sum total will be the Amount Due Bidder. If lump sum total is a negative amount the lump sum total will be the Amount Due State. Pricing must be submitted on the attached bid sheet.

NOTE: Bidder must select either Amount Due Bidder or Amount Due State on the attached bid sheet. Failure to select Amount Due State or Amount Due Bidder may result in rejection of bid. Selection of both options will be considered a multiple bid and the bid may be rejected as non-responsive.

SPECIAL NOTES:

Document Phase Document Description Page 6

The contractor should contact Logan Hembree at PHONE NO: 606-240-8613 before beginning work on this demolition.

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 demolition, they will be brought to the attention of the KYTC District Office for review and direction. However, this does not relieve the Contractor of bidding and constructing the project in accordance with all requirements.

COUNTY: Powell

UPN: 1100 FD04 099 1396001R

PROJECT: Improve Safety and Traffic Operations along KY 11/

KY15

LOCATION: Stanton, KY

ITEM NO: 10-170.00

FEDERAL PROJECT

NO:

N/A

PARCEL NOS: 09

SPECIFICATION FOR REMOVAL OF IMPROVEMENTS

(CLEARANCE OF RIGHT OF WAY)

KENTUCKY 811 – BEFORE YOU DIG

KRS 367.4901 TO 367.4917 – The General Assembly finds that the objective of underground facility damage prevention and the resulting benefits of public and workplace safety and protection of consumer services require an effective underground damage prevention procedure. KRS 367.4901 to 367.4917, which may be cited as the “Underground Facility Damage Prevention Act of 1994,” are created to provide for this procedure and accomplish this objective. KRS 367.4901 to 367.4917 sets forth the requirements for every person who engages in timber harvesting using mechanized equipment, excavation, or demolition work.

All work being performed or related to the removal of improvements on this project shall comply with provisions set forth in KRS 367.4901 to 367.4917. The contractor shall contact Kentucky 811 in accordance with guidelines set forth by the Kentucky Public Service Commission, before work can begin. For any legal requirements, or references, please refer to the most current edition of the Kentucky revised code.

It is strictly the Contractors responsibility to locate all personal and private utility lines including but not limited to water lines, sewer lines, invisible underground fences etc. Kentucky 811 does not mark or privately owned lines.

The contractor will be given a locate request identification number that is proof of your call. Record the number and keep it for the duration of your excavation or longer when applicable. The request identification number may be referred to as: confirmation number, ticket number, or BUD number. This number shall be submitted to the district property management agent or representative. (NOTE: Failure to submit a valid Kentucky 811 confirmation number referenced herein will result in a penalty of $200.00 per occurrence.)

Document Phase Document Description Page 7

SCOPE OF WORK/DESCRIPTION

Work shall consist of the removal and the proper disposal of buildings, fences, septic tanks, driveways, paved areas, conduits, and other miscellaneous structures and encumbrances, which exist upon or within the right of way and/or easements areas on the designated parcels. All work shall be in accordance with these specifications and any special provisions that may be included as a part of the contract.

GENERAL PROVISIONS

After award of contract, the contractor will be notified by the district to advise of any change in the probable date that the improvements will be available. The contractor shall not begin work until they have been notified by the District Property Management Agent that all utilities have been disconnected by the utility companies involved.

In the event the construction contractor and the contractor for clearance of improvements are on the project at the same time, it shall be understood that the latter will not be allowed to claim damages for any loss of time thus engendered.

The contractor agrees to indemnify and hold the Cabinet harmless for any fines or penalties assessed to the Cabinet as a direct result of the contractor’s actions or omissions.

The contractor shall provide for adequate protection to safeguard the public at all times. The contractor shall employ watchmen when necessary, and shall furnish and maintain barricades, lanterns or flares, and other devices considered necessary for the protection of the public.

If a street or road is to be closed or obstructed during the clearance of improvements a permit shall be secured by the contractor from the proper authority. The Transportation Cabinet, Fire Department, Police Department, and utility companies involved shall be given notice by the contractor of the time when such street or road is to be closed or obstructed.

The contractor shall use every precaution to prevent any damage to adjacent property and buildings. All equipment, tools, and materials permitted to remain on the right of way during the operations shall be neatly stored in such a manner as will not interfere with the rights and privileges of the adjacent property owners.

The contractor shall use every precaution to prevent damage to building walls, which are jointly owned and are required to remain in place and shall assume full responsibility for any damage to an adjoining building resulting from his work or carelessness. All such wall structures shall be left sound and with an acceptable appearance. The contractor shall save the Commonwealth and the Transportation Cabinet or any of its officers or agents harmless from damages or claims from his operations on a common or adjacent wall of a structure that is to remain in place.

All property line walls owned jointly with an adjacent property owner shall remain the property of the Commonwealth and the adjacent property owner, and shall remain in place unless otherwise specified in the contract.

All material from the clearance of improvements will become the property of the contractor, unless otherwise specified in the contract. The contractor (at his own expense) shall remove from the site and dispose of all materials in the manner set forth in Disposal of Materials Section of this specification. Removal of trees is not the responsibility of the demolition contractor unless stated in the description of parcels.

The Transportation Cabinet will not be responsible for plumbing fixtures, electrical fixtures, fences, storm doors, storm windows, or any other items of value left on the property.

SEEDING REQUIREMENTS FOR ALL DISTURBED AREAS

All areas that are disturbed as a result of the removal of the improvements and filling of basements or other open holes, to include borrow pits, upon completion of work shall be leveled and/or graded and have fertilizer, lime, grass seed and mulch applied as per the following rates:

Fertilizer (10-20-20) 40 lbs. per 800 sq. ft.

Lime – 50 lbs per 800 sq. ft.

KY 31 Grass Seed – 10 lbs. per 800 sq. ft.

Mulch – Sufficient straw to give 3 inch loose depth coverage, (secured by netting, terrain and other factors will be required.)

Document Phase Document Description Page 8

RODENT CONTROL

Rodent control measures are not required on this contract.

PERFORMANCE AND PAYMENT BOND

A performance bond shall be required as specified in this section. For amount paid to vendor a Performance Bond or Irrevocable Letter of Credit shall be required in the amount of the contract or $10,000.00, whichever is greater.

For amount paid to State a performance bond shall be required in the amount of $10,000.00. The Performance Bond or Irrevocable Letter of Credit shall be provided as security for the faithful performance of the contract. Irrevocable Letters of Credit shall ONLY be accepted up to a maximum of $20,000.00. All projects exceeding that amount shall require a Performance Bond.

DISPOSAL OF MATERIALS

Debris, Trash and Waste Materials – No debris, trash or waste material is to be buried on site. All debris, trash and waste material resulting from the removal of improvements shall be disposed of at a site or facility for which a permit for waste disposal has been issued by the Natural Resources and Environmental Protection Cabinet, Department for Environmental Protection, Division of Waste Management (excluding any material which is recovered for salvage/reuse including brick, concrete or blacktop which is to be disposed of as beneficial reuse).

The cost of this disposal shall be considered and included in the contract price. Upon completion of the contract, the contractor will furnish the district Property Management Agent with the name and address of the waste disposal site used and copies of the disposal receipts indicating the amount of material disposed.

MATERIALS REQUIRING SPECIAL DISPOSAL

It shall be the responsibility of the contractor to properly dispose of any hazardous waste, paint, tires, automobile batteries, etc. in a manner that meets all local, state and federal regulations regarding this type of disposal.

The cost of this disposal shall be considered and included in the contract price. Upon completion of the contract, the contractor will furnish the district Property Management Agent with the name and address of the disposal site used and copies of the disposal receipts indicating the type and amount of material disposed.

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. 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.

ENERGY AND ENVIRONMENT CABINET

If vendor has received a fine from EEC for a major infraction/violation within the last six months the vendor’s bid may be rejected as non-responsive. KYTC Division of Purchases reserves the right to review all vendor violations and to determine the level of infraction/violation.

Below is a link to the Division of Waste Management website if you need information about permitted landfills.

http://www.waste.ky.gov

RECOVERY OF REFRIGERANT

When a refrigeration unit (central air conditioners, freezer units, coolers, etc) is to be removed intact from the site for reuse, evacuation/recovery of refrigerant is not required. All refrigerant must be completely evacuated/ recovered from any refrigeration unit which is not to be removed intact from the site or is to be removed for disposal. Evacuation/recovery is to take place prior to destruction of the unit. This evacuation/recovery must be performed by a licensed HVAC operator and documented by the submission, to the District Property Management Agent, of a paid receipt from the licensed HVAC operator who performed the reclamation. (NOTE: Failure to submit paid receipt referenced herein will result in a penalty of $200.00 per occurrence.) The cost of refrigerant evacuation/recovery shall be considered and be included in the contract price.

Document Phase Document Description Page 9 http://www.waste.ky.gov

OPEN BURNING

In compliance with “401 KAR 63:005. Open Burning”, no open burning of improvements, trash, debris or waste material will be permitted on the contract. The referenced KAR may be viewed on the Kentucky Legislation webpage http://www.lrc.ky.gov/kar/401/063/005.htm

Should open burning by unknown parties take place, the contractor shall immediately notify the district Property Management Agent, the appropriate regional office of the Natural Resources and Environmental Protection Cabinet, Department for Environmental Protection, Division for Air Quality and local law enforcement authorities. A written report of these notifications is to be submitted to the district Property Management Agent within 5 working days of the discovery of the burning.

CLEARANCE PROCEDURES

The removal of improvements is subject to all applicable statutes and regulations of federal, state, county and city governmental agencies, and in addition all work performed must strictly comply with the specifications stated herein.

Contractor is cautioned against incorporating any changes in these specifications without approval of the KYTC District Office. Any unapproved changes on this project will not be recognized for payment by the Owner. At no time will the Transportation Cabinet be responsible for vandalism to improvements.

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

The contractor shall confirm that all existing utility services have been disconnected at the meter or at the service cutoff valves by the proper utility company. Water lines shall be removed to the service meters, and gas lines shall be removed to the service cutoff valves. Sewer lines shall be removed to the main line or to a depth well below the elevation of the proposed construction, and the remaining opening shall be closed with a masonry plug equal to the diameter of the pipe.

Buildings shall be removed and/or demolished in conformity with the best practices of the trade and in compliance with all ordinances and regulations pertaining to such work.

The contractor shall proceed to remove improvements on a street-by-street basis in an orderly fashion. Once removal activities have begun on an improvement, the debris must be promptly removed and all other contract specifications completely finished within a reasonable time at the discretion of the Right of Way Supervisor.

The contractor shall (at his own expense and in a manner satisfactory to the Cabinet) sprinkle water on the debris as the work is being accomplished to eliminate dust from invading the surrounding neighborhood.

The contractor shall keep sidewalks and streets clean and (if necessary) repaired so as to not become a hazard to the public.

Walks, driveways, and paved areas shall be removed to the limits of the property lines or to the pavement edges of roads, streets or alleys.

Cisterns, cesspools, septic tanks and similar installations shall be emptied and the walls removed and/or broken up to a depth sufficient for proper filling as specified below, except when provided in the proposal for complete removal. Cesspools, septic tanks and similar installations are to be pumped by a licensed septic tank service prior to removal and documented by the submission of a paid receipt from the service that performed the pumping. (NOTE:

failure to submit paid receipt referenced herein will result in a penalty of $200.00 per occurrence) The cost of pumping shall be considered and included in the contract price.

Basements shall be cleared of all debris, appliances, partition walls, wooden floors, and other items. Concrete basement floors, basement walls and foundation walls shall be completely removed.

All open basements and other holes resulting from the removal of existing buildings, septic tanks, cisterns, or other structures (after being cleared to a shovel clean condition) shall be filled with stone, sand, or suitable earth compacted in layers to obtain a suitable field density unless otherwise specified in the description of parcels. No direct payment will be allowed for this work.

Prior to filling all open basements and other holes resulting from the removal of existing buildings, septic tanks, cisterns, or other structures, the contractor shall notify the District Right of Way Office of the time he will begin to

Document Phase Document Description Page 10 http://www.lrc.ky.gov/kar/401/063/005.htm fill the hole(s). This notice shall be at least twenty-four (24) hours in advance to allow the Right of Way Office to have an inspector present prior to and during the work. Basements and other open holes resulting from the removal of existing buildings, septic tanks, cisterns, or other structures shall not be filled on weekends, or holidays without special advance authorization.

Failure to notify the District Right of Way Office prior to filling any basement or open hole may result in the contractor being required to remove all material from the hole for an inspection of the material used. This removal and refilling shall be at the expense of the contractor. All sites need to be graded to existing ground level unless otherwise specified in the description of parcels.

STRUCTURES

If structures are moved on, over, or across public right-of-way as part of this contract, vendor shall complete a House Moving Application (TC 95-310) and submit said application to Kentucky Transportation Cabinet, Department of Vehicle Regulations, Division of Motor Carriers. Structures shall not be moved until such time the House Moving Application is approved and a permit issued by the Cabinet. Vendor shall submit a copy of the approved permit to the District Property Management Agent for each house moved as part of this contract. (NOTE:

Failure to provide said permit(s) will result in a $250.00 penalty per occurrence.)

DRILLED OR DUG WATER WELLS AND MONITORING WELLS SHALL NOT BE FILLED

It shall be the responsibility of the contractor to see that no debris or foreign material falls into any water well or monitoring well during the removal of buildings or other items, and each well must be temporarily covered. No direct payment will be allowed for this work.

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.

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 contract. He shall make good any such damage, injury, or loss, except such as may be directly due to errors in the specifications or caused by agents or employees of the owner. The contractor shall adequately protect adjacent property as provided by law and the contract.

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.

PENALTIES

If penalties are assessed as a result of the contractor’s failure to perform to the specifications of this contract, penalties shall be deducted from the amount of the contract. If penalties exceed the amount of the contract the vendor shall be required to reimburse Cabinet for all penalties incurred. Vendor shall be responsible for any penalties incurred by Sub-contractors providing services for vendor. If outstanding penalties are owed by the vendor, future bids of vendor shall be rejected as non-responsible until such times all penalties are paid in full.

INDEMNIFICATION

The contractor shall indemnify and hold the owner harmless from any and all claims, liability, damage, loss cost and expense of every type whatsoever including, without limitation, attorneys’ fees and expenses, in connection with the contractor’s performance of this contract, provided that such claims, liability, damage, loss, cost or expense is due to sickness, personal injury, disease or death, or to loss or destruction of tangible property (other than the work itself), including loss of use resulting there from, to the extent caused by the contractor, or anyone for whose acts the contractor may be liable, regardless of whether such liability, claim, damage, loss, cost or expense is caused in part by the owner.

Document Phase Document Description Page 11

EVALUATION

The vendor’s performance will be evaluated by the District Property Management Agent throughout the term of this contract. If it is determined the vendor’s performance failed to meet the specifications required in this contract, the vendor will be provided a copy of the evaluation, and given opportunity to provide a written response. Past performance on an evaluation may be considered during an evaluation of future bids.

1.01 - Required Insurance Coverage

The awarded vendor(s) shall be responsible for maintaining, and not reducing, the following insurance coverages, types, and limits of liability. Further awarded vendor shall be able to produce evidence of insurance in compliance with (C) through the entire contract:

A. Commercial General Liability Insurance in accordance with minimum limits of liability of $1,000,000.00 per occurrence, $2,000,000.00 aggregate. The Commonwealth, in the Request for Solicitation, may require higher limits depending on the type of solicitation.

B. Additional Types of Insurance

1. Automobile Liability Insurance (If Applicable) Automobile Liability Insurance is required for delivery, onsite training, services or events in all situations where the Contractor must drive to any property where Commonwealth operations occur. With regard to delivery, if the items requested in this solicitation will be delivered by the awarded Contractor or Subcontractor, proof of Automobile Liability Insurance must be provided prior to award. If items will be delivered by common courier (USPS, FedEx, UPS, Old Dominion Freight Line, etc.), this requirement does not apply.

The Contractor or Subcontractor must provide a certificate of insurance coverage for any vehicle used in performance of this contract, whether owned, non-owned, or hired, or other vehicles utilized by the Contractor or Subcontractor.

Said policy of insurance to have a minimum coverage limit of $1,000,000.00 per occurrence combined single limit for bodily injury, including death, and property damage.

This requirement does not apply if the Contractor does not own, lease, or hire any automobiles to be used in connection with performance under any Contract resulting from this Solicitation.

2. Kentucky Workers Compensation Insurance (if applicable)

The coverage must comply with KRS 45A.480 and KRS Chapter 342.

C. Evidence of Insurance Coverage

The successful bidder shall provide evidence of insurance coverage as required. Failure to do so shall constitute a material breach of this Contract and may result in immediate cancellation of the Contract.

For all required insurance coverages, during the course of the Contract, the awarded vendor shall not be self-insured or utilize a Captive Insurer or a fronting policy that shifts risk back to the awarded vendor without prior written approval by the Office of the Controller of the Commonwealth.

Further, the awarded vendor shall not utilize an insurer or similar entity not in good standing with the Insurance Commissioner to fulfill the insurance requirements of the contract without prior written approval by the Office of the Controller of the Commonwealth.

Such approvals may require additional financial review, proof of funds, or bonding requirements sufficient for the risk associated with the services covered by the Contract, and approval or rejection is within the sole discretion of the Commonwealth’s Office of the Controller.

Document Phase Document Description Page 12

Contractor shall furnish the Certificate of Insurance prior to award and shall, upon request of the Commonwealth at any time during the contract term, provide a current, valid Certificate of Insurance.

Contractor and/or its insurer shall provide immediate notice of nonrenewal or cancellation of coverage during the course of the Contract.

All Certificates of Insurance must be signed by an authorized representative of the insurance agency, 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. 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. A list of authorized companies can be found at https://insurance.ky.gov/ppc/ Company/Default.aspx.

A Certificate of Insurance (COI) on an ACORD form shall include the following:

# The certificate holder shall be listed as:

Kentucky Transportation Cabinet Division of Purchases

200 Mero Street, 4th Floor Frankfort, Kentucky 40622

# Endorsement of Additional Insured. Certificate of Insurance must contain the following language in the

Description of Operations box:

“The Commonwealth and its agents are Additional Insureds for the contract resulting from the solicitation. Additional insured protection afforded is on a primary and non-contributory basis.”

A copy of the Endorsement of Additional Insured must be submitted with the Certificate of Insurance.

# The contract number in the Description of Operations box.

D. Subcontractors If the contract allows for Subcontractors and utilizes Subcontractors, prior to the commencement of any work by a Subcontractor.

# The primary Contractor’s Certificate of Insurance must identify coverage that meets or exceeds the insurance requirements defined in this contract and that covers Subcontractor and its work in support of the Contract or the Subcontractor must submit and maintain a Certificate of Insurance that also meets or exceeds the insurance requirements of the Primary Contractor defined in this contract, with an Additional Insured Endorsement.

# KYTC reserves the right to request copies of all Subcontractor’s Certificate(s) of Insurance at any time.

Section 2 - Terms and Conditions of the Contract

2.00 - Executed Contract

The Contractor shall not deliver any items until a valid Contract has been fully executed. The Contract shall represent the entire agreement between the parties. Prior negotiations, representations, or agreements, either written or oral, between the parties hereto relating to the subject matter hereof shall be of no effect upon this Contract.

2.01 - Contract Components and Order of Precedence

The Commonwealth’s acceptance of the offer indicated by the issuance of a Contract Award by the KYTC Division of Purchases shall create a valid Contract between the Parties consisting of the following:

1. The written Contract between the Parties;

2. Any Addenda to the Solicitation;

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

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

5. The Kentucky Revised Statutes KRS 45A.

In the event of an inconsistency between provisions of the solicitation, the inconsistency shall be resolved by giving precedence in the following order: (a) the Specifications; (b) other provisions of the Solicitation, whether incorporated by reference or otherwise; (c) Contract or Master Agreement Terms and Conditions; (d) FAP 110-10-00 – General Conditions and Instructions for Solicitations and Contracts.

2.02 - Changes and Modifications to the Contract

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

2.03 - Basis of Shipment

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

2.04 - Notices

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

Paige Grass

Division of Purchases

Kentucky Transportation Cabinet

Phone: 502-564-5243

E-mail: paigej.grass@ky.gov

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

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

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

2.05 - Completion/Response

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INITIATION AND COMPLETION OF PROJECT Within _3_ days after the award of contract, the contractor shall meet with the District Property Management Agent for a revision and submission of the Notification of Asbestos Abatement/Demolition/Renovation (DEP 7036) to the Division of Air Quality. The contractor shall be notified of a Pre-Improvement Removal Meeting within _5 days of the expiration of the NOI (DEP 7036). A work order may be issued at the time of the Pre-Improvement Removal Meeting or within _2_ days of Pre-Improvement Removal Meeting. This will be at the discretion of the District Property Management Agent and/or the Right of Way Supervisor.

After _30__consecutive calendar days from receipt of the work order from the District Property Management Agent, penalties in the amount of $500.00per day will be assessed for a 7-calendar day period on each parcel not cleared. At the end of the above period (which totals 37 calendar days), the Cabinet may exercise its right to cancel the contract in its entirety without further notice. The bond or irrevocable letter of credit may be cashed upon cancellation of the contract.

2.06 - Inspection

All supplies, equipment and services shall be subject to inspection or tests by the Commonwealth prior to acceptance. In the event supplies, equipment or services are defective in material or workmanship or otherwise not in conformity with specified requirements, the Commonwealth shall have the right to reject the items or services or require acceptable correction at the vendor’s expense.

2.07 – Payments

The Commonwealth will make payment within thirty (30) working days of receipt of Contractor's invoice and of acceptance of goods and/or services except when the agency has transmitted a rejection notice to the vendor in accordance with KRS 45.453 and KRS 45.454. For the purpose of this provision, a working day is any weekday except for Commonwealth employee holidays up to the agency close of business. The Commonwealth may make a partial payment of goods or services that it has received according to the terms of the contract.

Payments are predicated upon successful completion and acceptance of the described work, services, supplies, or commodities, and delivery of the required documentation. Invoices for payment shall be submitted to the agency contact person or agency representative and, except Personal Service Contract invoices, shall include the following information, as applicable:

(1) Contract and/or delivery order number;

(2) Name of Contractor Entity or Individual;

(3) Contractor designated point of contact;

(4) Unique Invoice Number;

(5) Invoice Date;

(6) Item numbers;

(7) Descriptions of goods or services provided;

(8) Sizes of goods provided;

(9) Quantities provided;

(10) Unit prices; and

(11) Extended totals (unit price x quantity) for invoiced line items.

For Personal Service Contracts, invoices must be submitted on the Personal Service Contract Invoice form established by the Government Contract Review Committee, available at:

https://apps.legislature.ky.gov/moreinfo/contracts/PSC%20INVOICE%20FORM.pdf

The Commonwealth will make a good faith effort to notify the Contractor within fifteen (15) working days of the Contractor’s failure to submit a proper invoice or a dispute of the goods or services provided. The Contractor shall address the Commonwealth’s concerns within ten (10) calendar days and resubmit a corrected invoice with a new invoice number for payment. If the Contractor has not rectified the problem with the invoice or the good or service

Document Phase Document Description Page 15 https://apps.legislature.ky.gov/moreinfo/contracts/PSC%20INVOICE%20FORM.pdf within the ten (10) calendar day correction period, any revised submitted invoice shall be considered a new invoice with a new date of submission for calculation of any late payment penalty.

If the Commonwealth has not notified the Contractor of any issue with the invoice or the goods and/or services and the Contractor has not received payment by the twenty-fifth (25th) business day after the Contractor submitted the invoice, the Contractor should notify its Commonwealth contract representative that its invoice is still pending payment.

Except as otherwise explicitly provided in the contract, payments shall be issued to the Contractor within thirty (30) working days of receipt of Contractor's invoice or of acceptance of goods and/or services. In the event of an invoice payment dispute between the Contractor and purchasing agency, the Contractor shall first attempt resolution of the dispute via submission to the purchasing agency in accordance with the payment dispute process posted on the Finance and Administration Cabinet website, located at:

https://finance.ky.gov/office-of-the-secretary/office-of-general-counsel/Pages/procurement-and-protest-resources.aspx

If submission to the purchasing agency fails to resolve the payment dispute, the Contractor may submit a contract dispute regarding payment to the Finance Secretary for resolution. In accordance with KRS 45.454, and except as provided by KRS 371.405, there shall be payable to the Contractor a penalty of one-percent (1%) on any undisputed amount each month or fraction thereof owing to the Contractor after 30 working days following the receipt of the goods or services and receipt of the invoice unless otherwise agreed between the Commonwealth and the Contractor. After a resolution is determined, the purchasing agency shall begin to assess penalties due the Contractor and remit the penalty payment to the Contractor within ten (10) working days.

2.08 - Post Contract Agreements

This contract will constitute the entire agreement between the State and awarded contractor. Unless contractually provided, the Commonwealth shall not be required to enter into nor sign further agreements, leases, company orders or other documents to complete or initiate the terms of the contract. Any such documents so obtained will be non-binding on the State and be cause for breach of contract.

2.09 - 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.

2.10 – Ethics Compliance

Contractor certifies that contractor and its employees will not offer or provide gifts to KYTC employees in excess of $25.00 in any single calendar year as defined in KRS 11A.045 (1) and KYTC General Administration and Personnel Policy GAP-808. Moreover, contractor certifies that contractor and its employees will not offer any ticket to a sporting event to a KYTC employee without being reimbursed the face value amount for said ticket as defined in KRS 11A.045 (2).

It is agreed and understood that non-compliance with the above provisions may result in the suspension of vendor procurement participation, contract termination, and/or debarment.

2.11 - Termination of Contracts

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.

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2.12 - Endorsements

The Contractor shall not refer to the Award of Contract in commercial advertising in such a manner as to state or imply that the firm or its services are endorsed or preferred by the Commonwealth of Kentucky.

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

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

KRS 14A.9-030.

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

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

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

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

2.14 – 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…