REGIONAL WATER RESOURCE AGENCY PIPE AND FITTINGS PROGRAM 2013-01 PIPE AND FITTINGS #2013-01 SCOPE The Regional Water Resource Agency (RWRA) purchases a wide variety of pipes and fittings used in sewer construction and repair. It is the usual practice of the RWRA to purchase such items by the use of the Competitive Sealed Bid method, awarding a fixed price contract on an annual basis. With the volatility of the pipe and fitting market, and the uncertainty of a reasonable estimate of the types and quantities of pipe that will be needed for the coming year, RWRA has determined that an annual fixed price contract using the sealed bid method is not applicable for the purchase of such items in the year 2013. RWRA has developed a formal program of obtaining price quotes on an “as-needed” basis. This process involves the following steps: © Make a public offering of the program using a newspaper advertisement. * Distribute the procedures required for participating to interested vendors. + Receive from interested vendors an application to participate in the program. © Create an Approved Supplier List. ‘* E-mail Request for Quotations to all vendors on the list as supplies are needed © Receive quotes from interested vendors. ‘* Make an award based on the lowest overall price for the quotation that meets delivery and material specification requirements, GENERAL COMPLIANCE Please read these instructions carefully. Any vendor not interested in participating in this program is encouraged to indicate the reason(s) for not participating. Any such reasons for not participating should be sent to the RWRA Purchasing Manager, 1722 Pleasant Valley Road, Owensboro, KY 42303, by fax to (270) 687- 8444, or by e-mail to bids@rwra.org. REQUEST FOR QUOTATION FORMAT: As RWRA identifies the need for various pipes and fittings, a Request for Quotation form will be sent by e-mail in the form of an attached Excel spreadsheet to all suppliers on the Approved Supplier List. It is the responsibility of the supplier to notify RWRA, in writing (includes e-mail notification), of any changes to contact information or e-mail addresses. RWRA is not responsible for undelivered e-mails, Each Request for Quotation form will state the required response time of 3 business days, when possible, for the quote to be retumed to RWRA. Vendors unable to meet the delivery requirements should return a “No Bid”, “APPENDIX A” is the request for quotation form that will be e-mailed to each supplier. Page 1 of 13,REGIONAL WATER RESOURCE AGENCY PIPE AND FITTINGS PROGRAM. 2013-01 Each quote will include the unit price for each item listed. Delivery charges are to be included in the unit pricing ~ additional delivery charges will not be paid. Enter the unit price in the request for quotation spreadsheet. Calculations will be done for you; however, it is the responsibility of the supplier submitting a quote to verify that the unit price extensions are properly calculated. RWRA will base the award on the “TOTAL” price submitted. Any supplier whose quote is accepted as the lowest bid, and subsequently discovers a mathematical error, will only be paid for the “TOTAL” amount as submitted. Any supplier ‘whose quote is rejected as not being the lowest, which later discovers that his quote would have been accepted as lowest had the quote not contained a mathematical error, has no recourse if an award has already been made. Each Request for Quotation will have a unique identification number. This number will be “2013-01-XX" with the XX representing the unique number for that specific Request for Quotation. This allows RWRA to distinguish between various Requests for Quotations that may be pending. Each Request for Quotation returned by the vendor shall include this number; subsequent invoices for purchases made should also reference this number. Failure to include this number on any quotes submitted may result in that quote being rejected; any invoices that do not include this number may result in a delay of payment. BID SUBMISSION: The Request for Quotation sheet shall be authorized on the designated Tine. Typed quotation sheets are preferred; however, if hand written, the sheets must be legible and in ink. Any pricing information that is illegible may result in the rejection of the bid Quotations must be made on the form provided. An accompanying letter of explanation is acceptable if bidder deems it necessary, but only quotes made on the provided forms will be evaluated. Quotations may be returned by e-mail to bids@rwra.org or by fax to (270) 687-8444. Quotations returned by e-mail must be returned as an attachment and sent to bids@rwra.org. It is the responsibility of the supplier submitting a quote to verify the receipt of the quotation. RWRA is not responsible for undelivered e-mails or faxes. BIDDER’S QUALIFICATIONS: Each supplier must demonstrate to the satisfaction of RWRA that he/she has adequate equipment, personnel, experience and understanding of the specifications to supply materials under this program. TAXES: All prices shall be quoted exclusive of any taxes. RWRA is exempt of all Federal excise, transportation and/or Kentucky sales tax. Any items supplied directly to RWRA from a suppliet/manufacturer are exempt from sales tax. SHIPPING CHARGES: All items quoted shall be “F.O.B. Destination.” No additional freight charges will be allowed. ACCEPTANCE PERIOD: All prices quoted in this proposal must remain firm and open to Page 2 of 13,REGIONAL WATER RESOURCE AGENCY PIPE AND FITTINGS PROGRAM 2013-01 acceptance by RWRA for five (5) working days after the bid due date. DELIVERY: All deliveries must be scheduled in advance by contacting RWRA Inventory ‘Technician, Chris Estes at 270-687-8450 or receiving@rwra.org. Deliveries will be accepted from 7:30 am ~ 11:30 am and from 12:30 pm — 2:30 pm. All deliveries will be inspected at the time of delivery, prior to acceptance. BONDING: There is no bid bond, performance bond, supply bond, or payment bond required for this bid, DISQUALIFICATION FROM FUTURE BIDS: Any vendor awarded a contract that fails to fulfill all obligations of contract may be disqualified from submitting a bid on any Regional Water Resource Agency projects for a period of up to five (5) years. METHOD OF AWARD: Award will be made to the lowest responsive and responsible bidder meeting specifications that is able to mect the delivery requirements. The award will generally ‘be made based upon the initial offers as submitted by bidders, without oral or written discussions, Each Request for Quotation is considered and awarded separately. All items must be quoted. Any quotations received without each item listed eannot be considered. NOTICE OF AWARD: Once all submitted quotes have been received (within the stated time limits) and reviewed, a notice of award will be e-mailed to the successful bidder, followed with a purchase order. A bid tabulation sheet will be e-mailed to all vendors on the current list or posted on the RWRA website. PAYMENT: RWRA will make payment for items purchased within 30 days of receipt of invoice and complete shipment. Terms of the quotation sheet must be shown “net.” Discounts. should be figured into the unit price of the quoted item. Any discounts for prompt payment are to be listed on the quotation sheet retumed by the supplier. Payment will only be made when the complete order is delivered and accepted, COMPLIANCE WITH APPLICABLE LAWS/REGULATIONS: Successful bidder must comply with City of Owensboro/Daviess County ordinances relating to Occupational License Fees, Business Livenses, payroll and net profits taxes and any other ordinances which may apply to any particular bid package. APPROVED SUPPLIER LIST: RWRA will establish an “Approved Supplier List” from the applications received. Anyone wishing to be a participant in RWRA’s pipe procurement plan may do so by submitting an Application Packet (Application form “Appendix D”, the Release & Indemnity Agreement and the required vendor statements.) to RWRA. RWRA will review all Application Packets, to determine supplier's eligibility. Supplier must be on Approved Supplier List to be eligible to bid. Once a supplier is accepted and placed on the list, that supplier will remain on the list until the end of the calendar year, unless the supplier requests in writing to be Page 3 of 13,REGIONAL WATER RESOURCE AGENCY PIPE AND FITTINGS PROGRAM 2013-01 removed from the list; a supplier may also be removed as listed below. Application packet must be updated annually. RWRA will review this program on a periodic basis to determine if it will be continued. Part of this review will include a questionnaire for all suppliers currently on the list. Assuming that RWRA chooses to continue this program, a public offering of this program will be made by means of an advertisement in the local newspaper. Those suppliers responding to the questionnaire will not be required to respond to this advertisement but must submit an application packet with current information. REMOVAL FROM APPROVED SUPPLIER LIST: RWRA reserves the right to remove a supplier from the approved supplier list if no response is received on three successive “Request for Quotation” solicitations. A bidder who is unable or unwilling to quote on any order may remain on the approved supplier list by returning a “NO BID” within the time frame stated for submitting a quote. RWRA reserves the right to remove a supplier from the approved supplier lis if the supplier fails to meet commitments as to quantity, type of pipe, delivery, pricing, or any other unsatisfactory performance. Before such removal is made, RWRA will notify the supplier in writing of the nature of the unsatisfactory performance, and the supplier will have an opportunity to respond. RWRA retains sole discretion to determine whether or not a bidder is removed from the approved supplier list, and to determine the length of time the supplier will be removed from the list. MATERIAL SPECIFICATIONS: All materials purchased by RWRA under this program must meet or exceed the specifications for such items as listed in ASTM specifications and in the Owensboro Metropolitan Public Improvements Specifications. Information about these specifications are available at www.iompe.org/documents/public-improvement-specifications. Exceptions to these specifications must be pre-approved, in writing, by the RWRA engineer or designee before quote submittal OTHER PUBLIC AGENCIES: RWRA may make this program available to other public agencies. Any Request for Quotation for any agency other than RWRA will indicate to whom the quotation should be returned. While suppliers are encouraged to respond to the solicitations from these other agencies, failure to do so will not be counted toward the supplier’s “Failure to Respond”, as discussed above. However, RWRA reserves the right to consider unsatisfactory service to another public agency when considering removal of a supplier from the approved supplier lst. Page 4 of 13,REGIONAL WATER RESOURCE AGENCY PIPE AND FITTINGS PROGRAM. 2013-01 SMALL PURCHASES: The method outlined above will generally be used for larger orders. RWRA reserves the right to make emergency purchases and small purchases on a noncompetitive basis. INSURANCE REQUIREMENTS: The successful bidder covenants and agrees to maintain and keep in force during the term of the contract, worker’s compensation, property, casualty, and general liability from an “A” or better rated (by AM Best Rating System) insurance company in the following minimum amounts Type of Insurance Limits Worker's Compensation $1,000,000 Commercial General Liability $1,000,000/1,000,000 CSL Commercial Automobile Liability $1,000,000 Excess/Umbrella Liability Coverage $3,000,000 ‘The Regional Water Resource Agency shall be listed as “Additional Insured” in respects to the General Liability, Automobile and Excess/Umbrella Liability (See Appendix D) and shall further require that its liability cartier(s) notify RWRA at least thirty (30) days prior to the effective date of any change(s) in or cancellations of said insurance policies. A current copy of bidder’s insurance certificate providing proof of insurance as stated above must be on file with the RWRA Purchasing Manager prior to bid award. Submission of insurance certificate copy shall be included with the bid package. It is the successful bidder’s responsibility to ensure that any outside transportation company used also complies with the same provisions. RELEASE AND INDEMNITY: All vendors shall be required to sign a release and indemnity agreement included in the application packet to be considered for this project. METHOD OF PROCUREMENT: Competitive Negotiation, KRS 454.370, is the method of procurement used for this process. COMPLIANCE WITH KRS 454.343 AND KRS 454.395: Attached are statements which must be completed by bidders. statements are required under the listed statutes, and must COMPLIANCE WITH EQUAL OPPORTUNITY STATUTES: The Regional Water Resource Agency is an equal opportunity employer and does not discriminate on the basis of race, color, religion, sex, national origin, age, marital status, physical or mental disability, or any other characteristic protected by law. RWRA is also committed to employing only United States citizens and aliens who are authorized to work in the United States and complies with the Immigration Reform and Control Act of 1986. Therefore, the successful bidder must demonstrate to the satisfaction of RWRA, that he/she also conforms to all Federal, state, and local equal opportunity statutes. Further, the contractor will reimburse RWRA for any damages Page 5 of 13,REGIONAL WATER RESOURCE AGENCY PIPE AND FITTINGS PROGRAM 2013-01 incurred due to any violation of the above mentioned statutes by the contractor while under contract to entity. CONFLICTS OF INTEREST All bidders are responsible for complying with the following, KRS 45A: 455: Conflicts of Interest - Gratuities and Kickbacks — Use of Confidential Information () Itshall be a breach of ethical standards for any employee with procurement authority to participate directly in any proceeding or application; request for ruling or other determination; claim or controversy; or other particular matter pertaining to any contract, or subcontract, and any solicitation or proposal therefor, in which to his knowledge: (a) He, or any member of his immediate family has a financial interest therein; or (b) A business or organization in which he or any member of his immediate family has a financial interest as an officer, director, trustee, partner, or employee, is a party; or (c) Any other person, business, or organization with whom he or any member of his immediate family is negotiating or has an arrangement concerning prospective employment is a party. Direct or indirect participation shall include but not be limited to involvement through decision, approval, disapproval, recommendations, preparation of any part of a purchase request, influencing the content of any specification or purchase standard, rendering of advice, investigation, auditing, or in any other advisory capacity. (2) Itshall be a breach of ethical standards for any person to offer, give, or agree to give any employee or former employee, or for any employee or former employee to solicit, demand, accept, or agree to accept from another person, a gratuity or an offer of employment, in connection with any decision, approval, disapproval, recommendation, preparation of any part of a purchase request, influencing the content of any specification or purchase standard, rendering of advice, investigation, auditing, or in any other advisory capacity in any proceeding or application, request for ruling or other determination, claim or controversy, or other particular matter, pertaining to any contract or subcontract and any solicitation or proposal therefor. (3) Itis a breach of ethical standards for any payment, gratuity, or offer of employment to be made by or on behalf of a subcontractor under a contract to the prime contractor or higher tier subcontractor or any person associated therewith, as an inducement for the award of a subcontract or order. (4) The prohibition against conflicts of interest and gratuities and kickbacks shall be conspicuously set forth in every local public agency written contract and solicitation therefor. Page 6 of 13,REGIONAL WATER RESOURCE AGENCY PIPE AND FITTINGS PROGRAM 2013-01 (5) It shall be a breach of ethical standards for any public employee or former employee knowingly to use confidential information for his actual or anticipated personal gain, or the actual or anticipated personal gain of another person. For further information on the conflict of interest statutes, see the “Recovery of value of anything transferred or received in breach of ethical standards” at KRS 45A.460, and the “Definitions for terms used in KRS 45A.445 to 454.460" is listed at KRS 45.445, ADDITIONAL INFORMATION: Requests for additional information or clarifications of these specifications should be directed to Trina Oaks, Purchasing Manager, Telephone (270) 687- 8440, by fax to (270) 687-8444, or by e-mail to bids@rwra.org. Clarifications may be made orally; all alterations, revisions or amendments to the specifications will be made only in writing by means of addenda. Page 7 of 13REGIONAL WATER RESOURCE AGENCY PIPE AND FITTINGS PROGRAM 2013-01 “Appendix A” REQUEST FOR QUOTATION Please quote on the following items with freight included in the total price: Bid 2013-01. Job Name: Name of Company: Ttem# [Quantity] Description Unit Price Toul Delivery Date/Time: Bid Total Above price good for days Authorized by: Date: Phone#: Return this as an Excel spreadsheet attachment to bids@rwra.org. Return no later than. Fill in all areas in yellow Page 8 of 13,REGIONAL WATER RESOURCE AGENCY PIPE AND FITTINGS PROGRAM 2013-01 RELEASE & INDEMNITY AGREEMENT. WHEREAS _ (hereinafter referred to as “First Party”) shall be performing duties or activities on property owned by the Regional Water Resource Agency (hereinafter referred to as “RWRA”); NOW, THEREFORE, in consideration of these premises, the First Party acknowledges covenants and agrees as follows: ‘The First Party agrees to assume any and all responsibility and liability for the negligent acts and/or omissions of their agents, servants, and/or employees. The First Party shall be responsible for its employees and shall exercise all dominion, control, and authority over the ‘means/methods used by its employees to perform any work for RWRA or while on RWRA. property; The First Party further covenants to comply with all federal, state, and local occupational safety and health laws and regulations, and local, state, and federal laws and regulations for “Maintenance and Control of Traffic During Construction”. First Party further covenants and agrees that the RWRA shall not be liable to the First Party under any circumstances, for loss of life, injury, damage to property, or pecuniary loss occasioned by the use of RWRA property, facilities, tools, and materials, First Party covenants and agrees to release, acquit, discharge, and hold RWRA. harmless from any and all claims, costs, attomey fees, or judgment by any third party arising out of the negligent acts and/or omissions of the First Party’s employees, agents, or servants. First Party agrees to indemnify and hold the RWRA harmless from any and all expenses incurred in connection with the defense of any action which may be brought against the RWRA, its employees, agents, and servants, and will further indemnify RWRA to the extent and in the amount, of any claim, attomey fees, costs, and judgment established against the RWRA, and any agent thereof, their employees, agents, or servants, arising from any cause herein above set forth ‘The First Party through its duly-authorized representative designated below, states that said representative has carefully read the foregoing Release and Indemnity Agreement, knows the contents thereof, and signed same as their own free act and deed this day of (Signature of Representative) Authorized Signature for: (First Party) COMMONWEALTH OF KENTUCKY } COUNTY OF DAVIESS ) SUBSCRIBED AND SWORN TO before me by __ ‘ on behalf of. ,onthis the day of. Notary Public, State-At-Large My commission expires: Page 9 of 13,REGIONAL WATER RESOURCE AGENCY PIPE AND FITTINGS PROGRAM 2013-01 VENDOR'S STATEMENT PURSUANT TO KRS 454,343 ‘The undersigned, as a duly authorized officer of. Pursuant to KRS 45A.343 states; To the best of my knowledge, information and belief, has not been finally determined to have violated any of the provisions of KRS Chapters 136, 139, 141, 337, 338, 341, or 342 that apply to it within the five year period preceding this statement. acknowledges that it will be required to be in compliance with those provisions of KRS Chapters 136, 139, 141, 337, 338, 341 and 342 that apply to it for the duration of the Contract to be entered into with the Owensboro-Daviess County Regional Water Resource Agency, doing business as Regional Water Resource Agency. SE eeeeast acknowledges that if it fails to reveal any final determination of violation of KRS Chapters 136, 139, 141, 337, 338, 341, or 342, or to comply, with the applicable provision of those statutes for the duration of the aforesaid Contract, such shall be grounds for Regional Water Resource Agency to: Cancel its contract with sand Disqualify from eligibility for future contracts awarded by Regional Water Resource Agency for a period of five years, This the day of, » 2013. (Company Name) By: (Typed or printed name) (Signature) Title: Page 10 of 13REGIONAL WATER RESOURCE AGENCY PIPE AND FITTINGS PROGRAM 2013-01 STATEMENT REQUIRED PURSUANT TO KRS 454.395 ‘The provisions of KRS 454.395 required that any bidder or offeror submit a sworn statement in conformity with such statute as a prerequisite to a determination that such bidder or offeror is a responsibie bidder. The undersigned, individually and as the (office or title) of (bidder or offeror) states under penalty of perjury that neither he (she), nor, to the best of his (her) knowledge, anyone acting on behalf of Bidder or Offeror, has knowingly violated any provision of the campaign finance laws of the Commonwealth of Kentucky and that the award of a contract to the Bidder or Offeror will not violate any provision of the campaign finance laws of the Commonwealth. “Knowingly” means, with respect to conduet or to a circumstance described by a statute defining an offense, that a person is aware or should have been aware that his conduct is of that nature or that the circumstance exists. This the day of, » 2013, (Company Name) By: = (Typed o printed name) (Signature) Title: Page 11 of 13REGIONAL WATER RESOURCE AGENCY PIPE AND FITTINGS PROGRAM 2013-01 —_~ opene-o necio2___opw:ne ASLO CERTIFICATE OF LIABILITY INSURANCE { iaeoy “als CERTIRCATE S ISSUED AS & WATTEN OF INFORMATION ONLY AND CONFERE NO RIGITE UPON TE GEATIIGATE Hoxoe TS CetrinenTe-Oves Nor APPRMATIVELY OR NEGATIVELY AMEND, EXTEND OM ALTER THE COVERAGE AYFORDED BY THE RELICS Setow ts CRIMCATE NUMANCE Conk HO CONSTITUTE A COWTAET BETMEEN THE SEUNG INSUREND, RUMORED THBORTANT We cris hoi’ an ADDTIONAL SURED, ta polos] mua bs sndoad. WSUBROGRTION & WANED, sane the es int onto fit ee. cvan goes may rain anecarcnon enon nh eens ton ae ‘770-976-4550) saa meer Re i ea [ieee ee L ies = zovemes ERATE NOME ROMER ise —aaree rome a x) edie nou | ones a ce | fa le econ re wows | onus = * eeeeeater |) pone crn | rove eae eee [eee svg nce aku Son ERTEGATE HOLDER ANCELUATION RRA, Aeeonoawce ma Tae otierowovisons” Mt OF SSLNERED ‘122 Peasant Vley Ret ‘Oencbore, KY 42003 ‘88 2510 ACORD CORPORATION. Aigha rsard ‘acoRo25 105) ‘The ACORD name ad og a replete mare of ACORD Page 12 of 13REGIONAL WATER RESOURCE AGENCY PIPE AND FITTINGS PROGRAM 2013-01 “APPENDIX E” APPLICATION FOR APPROVED SUPPLIER LIST FOR THE RWRA PIPE AND FITTINGS PURCHASING PROGRAM Company Name Contact Name Phone Number E-Mail Address Note: This is the address to which Request for Quotations will be sent. It is the responsibility of the supplier to notify RWRA, in writing (includes e-mail notification), if this address changes. Mailing Address Completed copies of the Release & Indemnity Agreement and vendor statements required pursuant to KRS 45A.343 and 45.395 must be submitted with this application before any Request for Quote will be sent. “Thave read and understand the Regional Water Resource Agency Pipe and Fitting Purchasing Program.” ‘Authorized Signature Date Printed Name and Title Page 13 of 13