EVT0010390_-_Vehicle_and_Auto_Liability_Insurance.pdf

Event ID: EVT0010390

Office of Procurement and Contracts 900 SW Jackson St., Room 451 South Topeka, KS 66612

Phone: 785-296-2376 Fax: 785-296-7240 https://admin.ks.gov/offices/procurement-contracts

Adam Proffitt, Secretary Todd Herman, Director

Laura Kelly, Governor

INVITATION FOR BID (IFB)

Bid Event Number: EVT0010390

Requisition ID: 0000233536

Document Number: IFB0001721

Replaces Contract: 52712

Date Posted: July 14, 2025

Closing Date: August 12, 2025, 2:00 PM

Procurement Officer: Dean Heineken Telephone: 1-785-296-8051 E-Mail Address: Dean.Heineken@KS.Gov Web Address: http://admin.ks.gov/offices/procurement-and-contracts/

Agency: Kansas Department of Transportation

Item: Vehicle and Auto Liability Insurance

Period of Contract: October 1, 2025, through October 1, 2028

Bid Guarantee: No monetary bid guarantee required.

This Bid Event was recently posted to the Procurement and Contracts Internet website.

The document can be downloaded by going to the following website:

http://admin.ks.gov/offices/procurement-and-contracts/

It shall be the bidder's responsibility to monitor this website on a regular basis for any changes/amendments.

Questions/Addenda: Questions requesting clarification of the bid must be submitted in writing to the Procurement Officer indicated above:

Before the end of the day, Friday, July 25, 2025

Answers to questions will be available in the form of an addendum on the Procurement and Contracts' website, http://admin.ks.gov/offices/procurement-contracts.

It shall be the responsibility of all participating bidders to acquire any and all addenda and additional information as it is made available from the web site cited above. Vendors/Bidders not initially invited to participate in this Bid Event must notify the Procurement Officer (Event Contact) of their intent to bid at least 24 hours prior to the event's closing date/time. Bidders are required to check the website periodically for any additional information or instructions.

mailto:Dean.Heineken@KS.Gov http://admin.ks.gov/offices/procurement-and-contracts/ http://admin.ks.gov/offices/procurement-and-contracts/ http://admin.ks.gov/offices/procurement-contracts

Vendor Bid Submission

The Kansas Department of Administration, Office of Procurement and Contracts is currently open to the public and accepting both emailed and hand delivered bids.

All emailed bids must be submitted to Procurement@ks.gov. All bids submitted must be received by the Office of Procurement and Contracts by the specific bid closing date and time of 2:00PM CST.

Please note that you will receive an email that your documents were received, if you do not receive an email there may be an issue, please call 785-296-0002 to confirm that your bid package was received electronically.

Vendor Response Checklist

The following checklist is provided to assist bidders in ensuring all requirements are met and all required submissions are included with the bid. Bidders are instructed to utilize this list for their own convenience to ensure compliance.

THE FOLLOWING INSTRUCTIONS AND FORMS MUST BE

COMPLETED AND SUBMITTED WITH YOUR BID RESPONSE

If you do not submit them with your bid it may result in the rejection of the proposal

Completed Bidder Registration submitted prior to bid submission.

Required forms to be submitted with bid proposal response:

Completed and signed Signature Sheet / page 3 of this document.

Completed Immigration Reform and Control Certification / page 4 of this document.

Completed Sexual Harassment Form / page 5 of this document.

Completed Boycott of Israel / page 6 of this document

Completed Certification of Procurement / page 7 of this document

Completed Tax Clearance Certificate / instructions located page 8 of this document.

Signed Copy of any Amendment(s), if applicable/ Located on the Bid Solicitation Website

- https://www.admin.ks.gov/offices/procurement-and-contracts/bid-solicitations - Under EVT0010390

Completed and signed Event Details document / Located on the Bid Solicitation Website -https://www.admin.ks.gov/offices/procurement-and-contracts/bid-solicitations - Under EVT0010390

Any other documentation bidder wants to include.

NOTE: In order to properly and completely respond to this Proposal, bidders MUST carefully review

ALL sections and respond as required.

mailto:Procurement@ks.gov https://www.admin.ks.gov/offices/procurement-and-contracts/bid-solicitations https://www.admin.ks.gov/offices/procurement-and-contracts/bid-solicitations

SIGNATURE SHEET

Item: Vehicle and Auto Liability Insurance Agency: Kansas Department of Transportation

We submit a proposal to furnish Insurance during the contract period in accordance with specifications.

I hereby certify that (we) do not have any substantial conflict of interest sufficient to influence the bidding process on this bid. A conflict of substantial interest is one which a reasonable person would think would compromise the open competitive bid process.

NAME OF INSURANCE COMPANY _______________________________________________________________________

NAIC Number _________________________________________________________________________________________

*NAME OF AUTHORIZED REPRESENTATIVE

(Individual - not agency) _________________________________________________________________________________

NAME OF AGENCY ____________________________________________________________________________________

FEIN ________________________________________________________________________________________________

ADDRESS ____________________________________________________________________________________________

CITY ___________________________________ STATE _________________________ ZIP CODE ____________________

TELEPHONE __________________________________________ FAX ___________________________________________

E-MAIL _______________________________________________________________________________________________

*Such individual must be authorized by the Kansas Insurance Statutes and Regulations to represent the above named Insurance Company.

The undersigned submits the attached bid to furnish the requirements during the contract period in accordance with the specifications and attests this bidder is not in arrears in taxes due the State of Kansas. I hereby certify that I (we) do not have any substantial conflict of interest sufficient to influence the bidding process on this bid. A conflict of substantial interest is one which a reasonable person would think would compromise the open competitive bid process.

Signature__________________________________________________________________Date________________________

Typed/Printed Name of Signature __________________________________________Title_____________________________

Certification Regarding Immigration Reform & Control

All Contractors are expected to comply with the Immigration and Reform Control Act of 1986 (IRCA), as may be amended from time to time. This Act, with certain limitations, requires the verification of the employment status of all individuals who were hired on or after November 6, 1986, by the Contractor as well as any subcontractor or sub-subcontractor. The usual method of verification is through the Employment Verification (I-9) Form. With the submission of this bid, the Contractor hereby certifies without exception that Contractor has complied with all federal and state laws relating to immigration and reform. Any misrepresentation in this regard or any employment of persons not authorized to work in the United States constitutes a material breach and, at the State’s option, may subject the contract to termination and any applicable damages.

Contractor certifies that, should it be awarded a contract by the State, Contractor will comply with all applicable federal and state laws, standards, orders and regulations affecting a person’s participation and eligibility in any program or activity undertaken by the Contractor pursuant to this contract. Contractor further certifies that it will remain in compliance throughout the term of the contract.

At the State’s request, Contractor is expected to produce to the State any documentation or other such evidence to verify Contractor’s compliance with any provision, duty, certification, or the like under the contract.

Contractor agrees to include this Certification in contracts between itself and any subcontractors in connection with the services performed under this contract.

Signature, Title of Contractor: Date:

Policy Regarding Sexual Harassment

WHEREAS sexual harassment and retaliation for sexual harassment claims are unacceptable forms of discrimination that must not be tolerated in the workplace; and

WHEREAS state and federal employment discrimination laws prohibit sexual harassment and retaliation in the workplace; and

WHEREAS officers and employees of the State of Kansas are entitled to working conditions that are free from sexual harassment, discrimination, and retaliation; and

WHEREAS the Governor and all officers and employees of the State of Kansas should seek to foster a culture that does not tolerate sexual harassment, retaliation, and unlawful discrimination.

NOW THEREFORE, pursuant to the authority vested in me as Governor of the State of Kansas, I hereby order as follows:

1. All Executive Branch department and agency heads shall have available and shall regularly review and update at least every three years or more frequently as necessary, their sexual harassment, discrimination, and retaliation policies. Such policies shall include components for confidentiality and anonymous reporting, applicability to intern positions, and training policies.

2. All Executive Branch department and agency heads shall ensure that their employees, interns, and contractors have been notified of the state’s policy against sexual harassment, discrimination, or retaliation, and shall further ensure that such persons are aware of the procedures for submitting a complaint of sexual harassment, discrimination, or retaliation, including an anonymous complaint.

3. Executive Branch departments and agencies shall annually require training seminars regarding the policy against sexual harassment, discrimination, or retaliation. All employees shall complete their initial training session pursuant to this order by the end of the current fiscal year.

4. Within ninety (90) days of this order, all Executive Branch employees, interns, and contractors under the jurisdiction of the Office of the Governor shall be provided a written copy of the policy against sexual harassment, discrimination, and retaliation, and they shall execute a document agreeing and acknowledging that they are aware of and will comply with the policy against sexual harassment, discrimination, and retaliation.

5. Matters involving any elected official, department or agency head, or any appointee of the Governor may be investigated by independent legal counsel.

6. The Office of the Governor will require annual mandatory training seminars for all staff, employees, and interns in the office regarding the policy against sexual harassment, discrimination, and retaliation, and shall maintain a record of attendance.

7. Allegations of sexual harassment, discrimination, or retaliation within the Office of the Governor will be investigated promptly, and violations of law or policy shall constitute grounds for disciplinary action, including dismissal.

8. This Order is intended to supplement existing laws and regulations concerning sexual harassment and discrimination and shall not be interpreted to in any way diminish such laws and regulations. The Order provides conduct requirements for covered persons and is not intended to create any new right or benefit enforceable against the State of Kansas.

9. Persons seeking to report violations of this Order, or guidance regarding the application or interpretation of this Order, may contact the Office of the Governor regarding such matters.

Agreement to Comply with the Policy Against Sexual Harassment, Discrimination, and Retaliation.

I hereby acknowledge that I have received a copy of the State of Kansas Policy Against Sexual Harassment, Discrimination, and Retaliation established by Executive Order 18-04 and agree to comply with the provisions of this policy.

Signature and Date: Printed Name:

Certification of Company Not Currently Engaged in a Boycott of Goods or Services from Israel

In accordance with HB 2482, 2018 Legislative Session, the State of Kansas shall not enter into a contract with a Company to acquire or dispose of goods or services with an aggregate price of more than $100,000, unless such Company submits a written certification that such Company is not currently engaged in a boycott of goods or services from Israel that constitutes an integral part of business conducted or sought to be conducted with the State.

As a Contractor entering into a contract with the State of Kansas, it is hereby certified that the Company listed below is not currently engaged in a boycott of Israel as set forth in HB 2482, 2018 Legislature.

Signature, Title of Contractor Date

Printed

Name of Company

Certification of Company Not Currently Engaged in The Procurement or Obtainment of Certain Equipment, Services, or Systems

WHEREAS, pursuant to Public Law 115-232, Section 889 of the John S. McCain National Defense Authorization Act of 2019, “covered telecommunications equipment or services” is defined as:

(1) Telecommunications equipment produced by Huawei Technologies Company or ZTE Corporation (or any subsidiary or affiliate of such entities).

(2) Video surveillance and telecommunications equipment produced by Hytera Communications Corporation, Hangzhou Hikvision Digital Technology Company, and Dahua Technology Company (or any subsidiary or affiliate of such entities).

(3) Telecommunications or video surveillance services provided by such entities or using such equipment.

(4) Telecommunications or video surveillance equipment or services produced or provided by an entity that the Secretary of Defense, in consultation with the Director of the National Intelligence or the Director of the Federal Bureau of Investigation, reasonably believes to be an entity owned or controlled by, or otherwise connected to, the government of a covered foreign country.

WHEREAS, a “covered foreign country” means any of the following: (1) The People’s Republic of China,

(2) The Russian Federation, or (3) any country that is a state sponsor of terrorism1.

WHEREAS, foreign adversaries are increasingly creating and exploiting vulnerabilities in covered telecommunications equipment which store and communicate vast amounts of sensitive information and support infrastructure and emergency services, in order to commit malicious cyber-enabled actions;

WHEREAS, the unrestricted acquisition or use in the State of Kansas of covered telecommunications equipment designed, developed, manufactured, or supplied by persons owned by, controlled by, or subject to the jurisdiction or direction of foreign adversaries augments the ability of foreign adversaries to create and exploit vulnerabilities in technological equipment, services, or systems; and

WHEREAS, the State of Kansas has an interest in protecting itself against threats related to foreign adversary’s exploitation of vulnerabilities in covered telecommunications equipment.

THEREFORE, Contractor certifies that it shall not provide or procure to the State of Kansas or any agency thereof any covered telecommunications equipment either in whole or in part of any product or during the commission of any service.

FURTHERMORE, and notwithstanding any other contracts or agreements with Contractor, if Contractor has violated, misrepresented, or otherwise fails to comply with this certification document as determined by the State, the State may terminate any contract without penalty with Contractor immediately.

By signing the below, Contractor acknowledges and agrees to comply with the provisions of this policy.

CONTRACTOR

Signature, Title Date

Designations of a “state sponsor of terrorism” may be found at the U.S. Department of State website at:

https://www.state.gov/state-sponsors-of-terrorism/ https://www.state.gov/state-sponsors-of-terrorism/

Tax Clearance Instructions

A “Tax Clearance” is a comprehensive tax account review to determine and ensure that the account is compliant with all primary Kansas Tax Laws administered by the Kansas Department of Revenue (KDOR) Director of Taxation. Information pertaining to a Tax Clearance is subject to change(s), which may arise as a result of a State Tax Audit, Federal Revenue Agent Report, or other lawful adjustment(s).

To obtain a Tax Clearance Certificate, you must:

• Go to http://www.ksrevenue.org/taxclearance.html to request a Tax Clearance Certificate

• Return to the website the following working day to see if KDOR will issue the certificate

• If issued an official certificate, print it and attach it to your signed renewal document

• If denied a certificate, engage KDOR in a discussion about why a certificate wasn’t issued

Contractors must submit a current Tax Clearance Certificate along with the signed Renewal Document. No renewal will be processed unless a current Tax Clearance Certificate is submitted.

Per KSA 75-3740-(c), the Director of Purchases may reject the bid of any bidder who is in arrears on taxes due the State of Kansas. The Secretary of the Kansas Department of Revenue is authorized to exchange such information with the Director of Purchases as is necessary to determine a bidder’s tax clearance status, notwithstanding any other provision of law prohibiting disclosure of the contents of taxpayer records or information.

Please Note: Individual and business applications are available. For applications entered prior to 5:00 PM Monday through Friday, results typically will be available the following business day.

Tax clearance requests may be denied if the request includes incomplete or incorrect information.

Please Note: You will need to sign back into the KDOR website to view and print the official tax clearance certificate.

Information about Tax Registration can be found at the following website:

http://www.ksrevenue.org/busregistration.html http://www.ksrevenue.org/taxclearance.html http://www.ksrevenue.org/busregistration.html

SECTION A

INVITATION FOR BIDS

1. Notice is hereby given that proposals will be received for Insurance, Vehicle and Auto Liability for the State of Kansas, Kansas Department of Transportation. Bids will be accepted until 2:00 p.m., August 12, 2025, at the office of the Director of Purchases, Department of Administration, Division of Purchases, Landon State Office Building, 900 S.W.

Jackson Street, Room 451 South, Topeka, Kansas 66612-1286. At the time of closing, only the names of those who submitted proposals shall be made public information. No price information will be released. Bid list may be obtained by making a request via e-mail to tabsheets@ks.gov; or by writing to the following address:

Kansas Department of Administration Procurement and Contracts Attn: Bid Results 900 SW Jackson, Suite 451-South Topeka, KS 66612-1286 Include the Bid Event number in all requests.

2. Bids shall be submitted on forms furnished herewith. Additional bid forms and specifications may be obtained by addressing the Director of Purchases, as above.

3. Questions requesting clarification of the Bid must be electronically submitted to the Procurement Officer (E-mail:

Dean.Heineken@ks.gov prior to 5:00 PM on July 25, 2025. Responses to any questions will be issued via Addendum and posted at the following website:

http://admin.ks.gov/offices/procurement-and-contracts/bid-solicitations

4. Wherever and whenever the word "State" is used, it shall mean the Committee on Surety Bonds and Insurance under whose authority this insurance will be purchased.

5. Bid results will not be given to individuals over the phone. Results can be obtained after award. A List of Bidders and bid results can be obtained by tabsheets@ks.gov and reference the Bid Event ID. Copies of individual bids may be obtained under the Kansas Open Records Act, please reference http://admin.ks.gov/offices/chief-counsel

6. Faxed bids are not allowed. EMAILED BIDS ONLY TO: procurement@ks.gov

7. CRIMINAL OR CIVIL OFFENSE OF AN INDIVIDUAL OR ENTITY THAT CONTROLS A COMPANY OR ORGANIZATION OR WILL PERFORM WORK UNDER THIS CONTRACT: Any conviction for a criminal or civil offense that indicates a lack of business integrity or business honesty must be disclosed. This includes (1) conviction of a criminal offense as an incident to obtaining or attempting to obtain a public or private contract or subcontract or in the performance of such contract or subcontract; (2) conviction under state or federal statutes of embezzlement, theft, forgery, bribery, falsification or destruction of records, receiving stolen property; (3) conviction under state or federal antitrust statutes; and (4) any other offense to be so serious and compelling as to affect responsibility as a state contractor. For the purpose of this section, an individual or entity shall be presumed to have control of a company or organization if the individual or entity directly or indirectly, or acting in concert with one or more individuals of entities, owns or controls 25 percent or more of its equity, or otherwise controls its management or policies. Failure to disclose an offense may result in disqualification of the bid or termination of the contract.

EQUAL OPPORTUNITY CLAUSE

Pursuant to K.S.A., Chapter 44, Article 10, this agreement entitled "Equal Opportunity Clause" is hereby incorporated in and made a part of any contract of insurance issued as a result of this bid proposal.

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

(a) The contractor shall observe the provision of the Kansas Act Against Discrimination and shall not discriminate against any person in the performance of work under the present contract because of race, religion, color, sex, national origin or ancestry;

(b) In all solicitations or advertisements for employees, the contractor shall include the phrase "equal opportunity employer", or a similar phrase to be approved by the commission;

(c) If the contractor fails to comply with the manner in which he reports to the commission in accordance with the provisions of section 15 (44-1031) of this Act, the contractor shall be deemed to have breached the present contract and it may be canceled, terminated or suspended, in whole or in part, by the contracting agency;

(d) If the contractor is found guilty of a violation of the Kansas Act Against Discrimination under a decision or order of the commission which has become final, the contractor shall be deemed to have breached the present contract and it may be canceled, terminated or suspended, in whole or in part, by the contracting agency;

The contractor shall include the provisions of subsections (a) through (d) inclusively of the present section in every subcontract or purchase order so that such provisions will be binding upon such subcontractor or vendor.

mailto:tabsheets@ks.gov mailto:Dean.Heineken@ks.gov http://admin.ks.gov/offices/procurement-and-contracts/bid-solicitations mailto:tabsheets@ks.gov http://admin.ks.gov/offices/chief-counsel mailto:procurement@ks.gov

SECTION B

SPECIAL PROVISIONS

1. PROPOSALS:

The Kansas Department of Administration, Office of Procurement and Contracts is currently open to the public and accepting both emailed and hand delivered bids.

All emailed bids must be submitted to Procurement@ks.gov. All bids submitted must be received by the Office of Procurement and Contracts by the specific bid closing date and time of 2:00PM CST.

Please note that you will receive an email that your documents were received, if you do not receive an email there may be an issue, please call 785-296-0002 to confirm that your bid package was received electronically.

All hand delivered bids must be received in our office prior to 2:00PM CST on the closing date at the address below to be considered.

Department of Administration Procurement and Contracts Proposal # EVT0010390

900 SW Jackson, Suite 451 South Topeka, KS 66612-1286

Bids are not considered received until they are date and time stamped in the Office of Procurement and Contracts. The Office of Procurement and Contracts will not be responsible for late deliveries.

It is the responsibility of the bidder to ensure the bid date and time is met and the EVT number and company name is included in the subject line of the email. Bidders are encouraged to submit bids to the above email address no later than 1:45PM on the bid closing date. This allows time for staff to receive the bid and log it into our system prior to the bid closing at 2:00PM CST.

Proposals shall be properly and completely executed on the proposal form furnished.

Electronic modifications will be considered only if received prior to the closing time for receipt of proposals provided that written confirmation of the electronic modification, over the signature of the bidder, was mailed prior to the bid closing time.

If written confirmation is not received within two (2) days after the closing time, no consideration will be given to the electronic modification.

2. AWARD OF CONTRACT:

Award will be made by the State to the lowest responsible bidder pursuant to the provisions of K.S.A. 75-3740 and 75-

3740a.

3. REJECTION OF BIDS:

The State reserves the right to reject any and all bids. Bids may be rejected for failure of the bidder to comply with any of the requirements set forth in these specifications. The State may award on any of the requested options as may be deemed in its best interest. In the event all bids are rejected, the current insurer may be requested to extend coverage for a reasonable time necessary to permit coverage either to be re-bid or negotiated.

4. BINDING AUTHORITY:

The bidder shall have authority to bind coverage in accordance with his proposal.

mailto:Procurement@ks.gov

SECTION C

SPECIFICATIONS

1. SCOPE AND PURPOSE

These specifications are intended to cover the purchase of Automobile and Equipment Liability Insurance for the State of Kansas, Department of Transportation, in accordance with the provisions of K.S.A. 74-4707. The named insured under the resulting policy will be the Department of Transportation and the Secretary of Transportation in his/her official capacity.

2. QUALIFICATIONS OF BIDDERS:

Each bidder, pursuant to K.S.A. Chapter 40, particularly K.S.A. 40-214 and pertinent Insurance Department Rules and Regulations, shall be a duly authorized representative of the insurance company for which the bid is submitted and such company must be properly licensed and admitted to transact the insurance business herein described in the State of Kansas.

Any agent participating in this bid shall be affiliated with a licensed agency appointed by that insurer in the State of Kansas. In the event the agent is individually licensed by an insurance company, the agent shall be appointed by that insurer in the State of Kansas. The required appointment shall occur no later than 30 days after the bid closing date or the policy period effective date, whichever comes first.

3. COVERAGE:

a. The insurance policy shall afford Comprehensive Automobile Liability Insurance in the amount of $500,000 per person, $500,000 per occurrence bodily injury liability and $50,000 per occurrence property damage liability.

b. The insurance policy shall afford excess medical payments coverage in the amount of $5,000 per person.

c. The insurance policy shall afford Uninsured Motorists (including underinsured motorist protection).

Insurance in an amount not less than $25,000 per person and $50,000 per accident for those classes of vehicles where designated in Section E, Schedule of Prices.

d. The Department of Transportation seeks alternate bids for Insurance coverage in an amount of $500,000 per occurrence property damage liability where designated in Section E, Schedule of Prices – Alternate Bid.

4. CANCELLATION OF COVERAGE:

Pursuant to K.S.A. 75-4106 , coverage purchased hereunder may not be cancelled by the insurance company or the Committee during the term of such contract unless a substitute contract upon the same terms and conditions covering the affected property is in force or the Committee determines the property affected no longer requires the coverage provided by the contract.

5. POLICY PROVISIONS:

a. The requested coverage must be afforded by a policy identical to the Business Auto Coverage Form CA-00-01-

10-01 promulgated by the Insurance Services Office for use in Kansas. Such policy must have the following coverage parts and amendatory endorsements attached:

(1) Kansas Changes CA 01-22-10-01

(2) Auto Medical Payments Coverage CA 99-03-07-97

(3) Split Uninsured Motorists Limits-Kansas CA 21-25-01-87

(4) Split Liability Limits CA 99-27-01-87

(5) Kansas Uninsured Motorists Coverage Excess Limits Rejection (Acknowledgment of Coverage Rejection)

(6) Kansas Changes-Cancellation and Non-Renewal CA 02-65-02-96

(7) Kansas Uninsured Motorist Coverage CA 21-37-04-01

(8) CA 20-18-12-93 Professional Services not covered

(9) CA 20-30-12-93 Emergency Vehicles - Voluntary firefighters and Workers’ Injuries Excluded

(10) IL 00-21-11-85 Nuclear Energy Liability Exclusion Endorsement (Broad Form)

b. The insurance policy shall provide that without notice to the insurer, the insurance provided and afforded is extended automatically to cover, and apply to all motor vehicles, vehicles and mobile equipment owned, operated, maintained or controlled by the Department during the policy period and that a specified description and classification thereof is specifically waived.

c. Said insurance shall cover all motor vehicles, vehicles and mobile equipment owned, operated, maintained or controlled except the following such as listed equipment which, each in itself and when used alone, is not a “motor vehicle”.

Miscellaneous Equipment:

Asphalt Smooth Irons Hydraulic Jacks Augers - auto, chain Impactors elevator, post hole, Klod Busters salt, sinker Light Plants Buckets (skid mounted) Compactors Pavement Breakers Concrete Air Guns Power Post Drivers Concrete Vibrators Pneumatic Jack Hammers Gas Engines Pump and Crack Fillers Harrows Pumps Routers Sprayers - paint Sand Blast Units Tanks Saws - electric, chain Tillers - disc, mulch reciprocal and circular roto

Miscellaneous Equipment Attachments:

Augers Scarifiers Booms Scrapers Bar Cutters Seeders and Fertilizer Blades spreaders Bulldozers Snow Plows - V-type Digger Assemblies one-way, reversible, Discs snow wing Loaders Spreaders - material, Mudjacks mulch Plows Storage Bins Rollers Weed Sprayers Roto Spreader Wire Brush Tool

Additional equipment is available to the agency from the following Equipment Rental contracts. These contracts may be accessed at: http://da.ks.gov/purch/Contracts/ .

The above excepted equipment and all other miscellaneous equipment without specific description or classification shall be insured under the policy at no premium charge when and while the same (a) is attached to and used in connection with or (b) is towed by or carried on, any other motor vehicle, vehicle or mobile equipment.

d. The policy shall also contain the following amendatory endorsements.

(1) In consideration of the premium charged, it is agreed that this policy is amended to comply with K.S.A. 74-4701 and 74-4707 and any amendments to such sections.

(2) It is further agreed that as used in the policy to which this endorsement is attached, the term “automobile” shall include motor vehicles, vehicles, and mobile equipment.

(3) It is further agreed that the following exclusion shall apply to the Automobile Medical Payments Coverage Part: “to bodily injury to any insured to the extent that benefits for such bodily injury are payable under any Worker’s Compensation Act.”

(4) It is further agreed that this policy will provide primary coverage for non-state employees’ use of state owned vehicles. The policy must also be endorsed to provide primary coverage for the use of any non-owned vehicle by a state employee while the employee is in the course of his or her employment.

In addition, Automobile Medical Payments shall be amended to reflect that the coverage is excess over any other valid or collectible automobile medical payments.

Note: Applicable to (3) above.

It is the decision of the Committee on Surety Bonds and Insurance that the policy contains the above exclusion, since Worker’s Compensation is now available to all state employees as well as any employee of any political subdivision thereof.

It is also the opinion of the Committee on Surety Bonds and Insurance that an adjustment in rate be made commensurate with the lessened exposure, since the retention of the presently approved automobile medical payment rate would result in excessive rates.

The existing rate level was established and supported by experience contemplating the necessity of providing medical payments to employees of the State; therefore, an apparent rate reduction is in order.

http://da.ks.gov/purch/Contracts/

6. FILINGS REQUIRED:

Since the terms and conditions of the requested policy as described above have been promulgated by the State Committee on Surety Bonds and Insurance, pursuant to law, as the provisions to be purchased, the policy furnished must contain such provisions. Any filings necessary to place this program in effect shall be furnished to the Kansas Insurance Department in accordance with K.S.A. 40-216 and other applicable statutes and regulations. If the required forms are not submitted the State may reject/disqualify a bidder’s proposal.

7. ALTERNATE FORM BIDS:

Alternate bids providing coverage at least as broad as that specified in this request which include deductibles, multi-year (not to exceed three one (1) year periods) policy terms or other premium reduction programs, will be permitted.

Alternate bids must be clearly identified as such with complete deductible information provided. If a multi-year policy is being bid, an exact definition of how second and/or third year premium charges would be calculated must be identified.

Policy forms and endorsements intended to be utilized by the company by virtue of the alternate bid must be consistent with filings made by or on behalf of the company. Any filings necessary to place the alternate bid into effect must be made pursuant to KSA 40-216 and other applicable statutes and regulations.

The company issuing the insurance under an alternate proposal permitted under this paragraph shall endorse the policy substantially as follows:

“It is agreed that any claim for loss under this policy will be settled on terms not less favorable to the State of Kansas than those which would have applied had the coverage been provided by the forms prescribed in the requested bid specifications under which this policy was issued.”

If a multi-year policy is being bid, an exact definition of how second and/or third year premium charges would be calculated must be identified

If a company submits a multi-year bid the insurance company shall reflect the full term of the policy. For example, if a company submits a three (3) year bid, the policy period displayed on the policy shall reflect an 10/1/2022 to 10/1/2025 policy term.

8. RATES AND RATING PLANS:

Prices shown on the schedule of prices shall be per owned vehicle for each class of equipment in each rating territory shown. The price must be shown for each rating territory whether or not vehicles are shown to be garaged there at the present time. The price is to be shown in the “Rate per Vehicle” column only. Rating plans presented on a basis other than “Per Vehicle” will not be considered.

The rates, rules and rating plans used in the computation of the final premiums for this policy shall have been filed with and approved by the Commissioner of Insurance, pursuant to K.S.A. Ch. 40, Art. 11, prior to the bid opening.

The premium charged shall include coverage for any motor vehicle, including privately owned vehicles when operated by an officer or employee of the state or a state agency when acting within the scope of his authority or within the scope of his employment. See Mott v. Mitchell 209 Kan. 476, 483-84 (1972). This coverage shall include all specifications as required elsewhere in this contract proposal. (See attached Section E.)

The premium for the non-owned coverage as per Mott v. Mitchell Kansas Supreme Court decision shall be shown in the space provided on the Bid Summary in Section D and shall contemplate blanket coverage not subject to audit.

The proposed rating procedure must be filed with the Commissioner of Insurance.

It is necessary for the companies to make an appropriate rate adjustment due to the exclusions under the Automobile Medical Payments Coverage part as mentioned in Item 5.

9. PREPARATION OF BIDS:

Bids shall be made on the proposal forms supplied herewith.

10. STATEMENT OF LOSSES:

The successful bidder must furnish itemized loss figures to the Department of Transportation and the Procurement and Contracts on an annual basis. Upon request of the State, such information shall be available electronically using Microsoft Excel or other approved spreadsheet application.

11. EXPERIENCE:

Past Premiums and Loss Runs are shown in Section F - Experience.

12. SAFETY AND RISK MANAGEMENT PROGRAMS;

As part of the bidder’s offering, both base bid and any alternative bid, the carrier will provide, upon request, AAA certified “Train the Trainer” classes for instructors of defensive driving classes provided to KDOT employees. KDOT has Safety specialists in all six (6) Districts and either they are certified to perform training and or Kansas Highway Patrol training resources are used to conduct defensive driving. The training is to be held at a mutually convenient Kansas location.

Under KDOT’s Standard Operating Manual 2.6.2 (Attachment C), “All KDOT employees who drive state-owned vehicles shall complete a defensive driving course. Employees may be required to take this course periodically at the discretion of the KDOT Senior Manager. Employees who drive state vehicles on a frequent basis should complete a defensive driving course every three (3) years.”

KDOT’s Standard Operating Manual 2.5.1 (Attachment B) allows a supervisor, with the consent of the KDOT Senior Manager, to relieve an employee of assigned duties with pay or change the duties of the employee to protect persons or property.

KDOT’s Standard Operating Manual 1.10.2 (Attachment A) requires all accidents to be reported to an Accident Evaluation Committee with the power to recommend training activities and disciplinary action. Furthermore, KDOT managers may require an employee involved in an accident to take an eye or hearing exam, a Kansas driver’s license exam, driver’s education instruction or a defensive driving course as necessary. KDOT managers may also initiate disciplinary action as a result of accidents.

KDOT’s Standard Operating Manual 2.1.9 (Attachment D) requires employees whose position requires a driver’s license or commercial driver’s license (CDL) to perform their assigned duties to obtain and maintain the appropriate license and endorsements as a condition of continued employment. Driving records are run, at least annually, by KDOT for all employees whose positions require a driver’s license, and more frequently for CDL holders. Any employee whose driving record indicates the employee does not have a valid license will be subject to discipline.

As part of the bidder’s offering, both base bid and any alternative bid, the carrier will provide upon request from the KDOT Chief Counsel, risk management services to include a liability risk analysis of existing KDOT policies and procedures related to covered vehicle equipment usage and safety and strategies for reducing risk exposure related to same.

13. REPAIRS TO KDOT VEHICLES:

To avoid costly down time of KDOT construction and maintenance vehicles by reducing the time necessary to report damages and receive approval to make repairs to KDOT vehicles, KDOT has established the following procedures to be applied to this policy:

KDOT will have an overall “standing” approval for KDOT to repair its vehicles and equipment damaged in accidents.

KDOT will provide for a five business days waiting period before repairs are made. During the five-day waiting period, KDOT will make every attempt to take a photograph of the damage and report the accident to the Office of Chief Counsel for appropriate processing. KDOT’s Office of Chief Counsel will review the report of accident and forward it to the carrier’s designated representative. If KDOT notes an apparent question of liability or that an injury and/or death was involved in the accident, KDOT will request and await individual approval from the carrier before making repairs.

14. OTHER UNDERWRITING INFORMATION:

The current policy limits are $500,000 per person/$500,000 per occurrence bodily injury; $50,000 property damage;

$5,000 (excess) medical payment; $25,000/$50,000 uninsured and underinsured. KDOT requests responses to this RFP also include an alternate bid for Insurance coverage in an amount of $500,000 per occurrence for property damage liability.

SECTION D

Excerpt from decision of Kansas Supreme Court (Mott v. Mitchell, 209 Kan. 476, 483-484 (1972)).

“...The next question to be determined is whether the personal automobile of Dorris Mitchell was a motor vehicle within the provisions of K.S.A. 74-4707, 74-4708, and 74-4709. K.S.A. 74-4707 requires every state agency to purchase automobile liability insurance for the protection and benefit of the state agency and the officers, agents and employees of the state agency responsible for the operation of vehicles “owned, operated, maintained or controlled by the state agency.” In the first place it should be noted that the statute is not restricted in its application to vehicles owned by the state agency. It also covers motor vehicles operated, maintained or controlled by the state agency. The application of the statute to any motor vehicle operated by the state agents and employees’ acting within the scope of their authority is clearly shown when we examine the language in K.S. A. 74-4708 and 74-4709.

Logically all of these statutes must be read together. K.S.A. 74-4708 provides that the state agency waives governmental immunity from liability for any damages caused “by the negligent operation of any motor vehicle by an officer or employee of such state agency when acting within the scope of his authority or within the course of his employment.” (Emphasis added.) Likewise, K.S.A. 74- 4709 declares that the contract or insurance to be obtained by the state agency must insure the state agency and its agents and employees for any damages proximately caused “by the negligent operation of any motor vehicle by an officer or employee of such state agency when acting within the scope of his authority or within the course of his employment.” (Emphasis added.) The purpose of the statutes is to provide insurance protection not only for the state agency itself but also for its employees and for the traveling public who might be injured as a result of the negligent driving of state employees. Also the state department as an artificial being does not drive its motor vehicles; it must of necessity operate motor vehicles through its individual agents and employees. Under the undisputed facts in the case at bar it is clear that at the time of the collision Dorris Mitchell was an agent and employee of the State Department of Social Welfare and was operating a motor vehicle within the scope of her authority and within the course of her employment. The statutes cited above were clearly applicable and required state insurance coverage for Dorris Mitchell at the time of the collision in this case...”

SECTION E

PROPERTY COVERED

UNITS LISTED BY RATING CLASS AND RATING TERRITORY

RATING CLASSIFICATION RATING TERRITORIES

05 11 16 17 29 30 31 Total

Group 1 - Private Passenger Cars Including 4 27 14 19 1 0 3 68

Group 2 Station Wagons

- Light Trucks 50 185 322 320 11 2 60 950

Group 3 - Medium Trucks 5 35 119 18 0 0 0 77

Group 4 - Heavy Trucks 0 17 34 23 0 0 2 76

Group 5 - Heavy Trucks – Tractors 0 0 0 0 0 0 0 0

Group 6 - Extra Heavy Trucks-Tractors 27 34 280 279 6 6 33 665

Group 7 - Service or Utility Trailers 14 28 155 140 1 3 12 353

Group 8 (> 5000 lbs.)

- Trailers 9 21 143 113 2 3 11 302

Group 9 (2001 lbs. – 5000 lbs)

- Semi-Trailers 0 4 9 7 0 0 3 23

Group 10 - Miscellaneous Self-Propelled 16 43 286 239 3 3 22 612

Group 11 - Miscellaneous Non-Self-Propelled 59 108 396 362 4 9 39 977

Group 12 - Farm Tractors 22 23 235 223 3 5 20 531

TOTAL 4634

Total number of permanent employees as of 06/24/2025 is 2,191.

SECTION F

BID SHEET

Total from Section E $

Non-Owned Auto Coverage $

GRAND TOTAL $

Total from Section E - Alternate $

Non-Owned Auto Coverage $

GRAND TOTAL $

** Please include any discounts provided if dump truck/plow fleet have forward facing camera capability installed:

$ Off per dump truck/plow installed w/ camera

THE STATE RESERVES THE RIGHT TO REJECT ANY OR ALL BIDS.

Specify policy term offered:

NOTE: Prices shown on the schedule of prices shall be per owned vehicle for each class of equipment in each rating territory shown. The price must be shown for each rating territory whether or not vehicles are shown in the “Rate per Vehicle” column only. Rating plans presented on a basis other than “Per Vehicle” will not be considered. KDOT will determine which “Property Damage” policy is in the best interest of the agency when making an award.

SECTION G - SCHEDULE OF PRICES

Bodily Injury - $500,000/$500,000 Property Damage - $50,000 Medical Payment - $5,000 Uninsured Motorist - $25,000/$50,000, excluding. Groups 7, 8, 9, 10, 11, 12

Rating Terr. 5 11 16 17

Group

# of Vehicles

Rate per Vehicle

Total

Vehicles

Vehicles

Vehicles

1 4 $ $ 27 $ $ 14 $ $ 19 $ $

2 50 $ $ 185 $ $ 322 $ $ 320 $ $

3 5 $ $ 35 $ $ 19 $ $ 18 $ $

4 0 $ $ 17 $ $ 34 $ $ 23 $ $

5 0 $ $ 0 $ $ 0 $ $ 0 $ $

6 27 $ $ 34 $ $ 280 $ $ 279 $ $

7 14 $ $ 28 $ $ 155 $ $ 140 $ $

8 9 $ $ 21 $ $ 143 $ $ 113 $ $

9 0 $ $ 4 $ $ 9 $ $ 7 $ $

10 16 $ $ 43 $ $ 286 $ $ 239 $ $

11 59 $ $ 108 $ $ 396 $ $ 362 $ $

12 22 $ $ 23 $ $ 235 $ $ 223 $ $

Terr. 29 30 31

Vehicles

Vehicles

Vehicles

Total # of Vehicles

Total by Group

1 1 $ $ 0 $ $ 3 $ $ 68 $

2 11 $ $ 2 $ $ 60 $ $ 950 $

3 0 $ $ 0 $ $ 0 $ $ 77 $

4 0 $ $ 0 $ $ 2 $ $ 76 $

5 0 $ $ 0 $ $ 0 $ $ 0 $

6 6 $ $ 6 $ $ 33 $ $ 665 $

7 1 $ $ 3 $ $ 12 $ $ 353 $

8 2 $ $ 3 $ $ 11 $ $ 302 $

9 0 $ $ 0 $ $ 3 $ $ 23 $

10 3 $ $ 3 $ $ 22 $ $ 612 $

11 4 $ $ 9 $ $ 31 $ $ 977 $

12 3 $ $ 5 $ $ 20 $ $ 531 $

Total: 4634 $

SECTION H - SCHEDULE OF PRICES - Alternate

Bodily Injury - $500,000/$500,000 Property Damage - $500,000 Medical Payment - $5,000 Uninsured Motorist - $25,000/$50,000, excluding. Groups 7, 8, 9, 10, 11, 12

Terr. 5 11 16 17

Vehicles

Vehicles

Vehicles

Vehicles

1 4 $ $ 27 $ $ 14 $ $ 19 $ $

2 50 $ $ 185 $ $ 322 $ $ 320 $ $

3 5 $ $ 35 $ $ 19 $ $ 18 $ $

4 0 $ $ 17 $ $ 34 $ $ 23 $ $

5 0 $ $ 0 $ $ 0 $ $ 0 $ $

6 27 $ $ 34 $ $ 280 $ $ 279 $ $

7 14 $ $ 28 $ $ 155 $ $ 140 $ $

8 9 $ $ 21 $ $ 143 $ $ 113 $ $

9 0 $ $ 4 $ $ 9 $ $ 7 $ $

10 16 $ $ 43 $ $ 286 $ $ 239 $ $

11 59 $ $ 108 $ $ 396 $ $ 362 $ $

12 22 $ $ 23 $ $ 235 $ $ 223 $ $

Terr. 29 30 31

Vehicles

Vehicles

Vehicles

Total # of Vehicles

Total by Group

1 1 $ $ 0 $ $ 3 $ $ 68 $

2 11 $ $ 2 $ $ 60 $ $ 950 $

3 0 $ $ 0 $ $ 0 $ $ 77 $

4 0 $ $ 0 $ $ 2 $ $ 76 $

5 0 $ $ 0 $ $ 0 $ $ 0 $

6 6 $ $ 6 $ $ 33 $ $ 665 $

7 1 $ $ 3 $ $ 12 $ $ 353 $

8 2 $ $ 3 $ $ 11 $ $ 302 $

9 0 $ $ 0 $ $ 3 $ $ 23 $

10 3 $ $ 3 $ $ 22 $ $ 612 $

11 4 $ $ 9 $ $ 31 $ $ 977 $

12 3 $ $ 5 $ $ 20 $ $ 531 $

Total: 4634 $

SECTION I

1. Contractual Provisions Attachment DA-146a Rev. 07/19

1.1. Important

This form contains mandatory contract provisions and must be attached to or incorporated in all copies of any contractual agreement. If it is attached to the vendor/contractor's standard contract form, then that form must be altered to contain the following provision: The Provisions found in Contractual Provisions Attachment (Form DA- 146a, Rev. 07-19), which is attached hereto, are hereby incorporated in this contract and made a part thereof. The parties agree that the following provisions are hereby incorporated into the contract to which it is attached and made a part thereof, said contract being the _____ day of _________________, 20____.

1.2. Terms Herein Controlling Provisions

It is expressly agreed that the terms of each and every provision in this attachment shall prevail and control over the terms of any other conflicting provision in any other document relating to and a part of the contract in which this attachment is incorporated. Any terms that conflict or could be interpreted to conflict with this attachment are nullified.

1.3. Kansas Law and Venue

This contract shall be subject to, governed by, and construed according to the laws of the State of Kansas, and jurisdiction and venue of any suit in connection with this contract shall reside only in courts located in the State of Kansas.

1.4. Termination Due to Lack of Funding Appropriation

If, in the judgment of the Director of Accounts and Reports, Department of Administration, sufficient funds are not appropriated to continue the function performed in this agreement and for the payment of the charges hereunder, State may terminate this agreement at the end of its current fiscal year. State agrees to give written notice of termination to contractor at least thirty (30) days prior to the end of its current fiscal year and shall give such notice for a greater period prior to the end of such fiscal year as may be provided in this contract, except that such notice shall not be required prior to ninety (90) days before the end of such fiscal year. Contractor shall have the right, at the end of such fiscal year, to take possession of any equipment provided State under the contract. State will pay to the contractor all regular contractual payments incurred through the end of such fiscal year, plus contractual charges incidental to the return of any such equipment.