Final_RFB_605_2000000048_1_SO_FORM.PDF

Document ID: RFB 605 2000000048 Page: 1 of 11

Commonwealth of Kentucky

SOLICITATION

Addenda: No Addenda #:

TITLE: Thermoplastic Interstate Markings D5

Date Issued:

8/1/19 Record Date:

2019-08-01

Solicitation Closes Date:

8/15/19 Time:

10:00

Solicitation No:

RFB 605 2000000048

Online Bidding Prohibited: Yes

For Information Call:

Allyson May 502-782-3981

Bid Receiving Location:

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

Vendor Customer Number:

Vendor Name:

Phone Number:

Fax Number:

Email Address:

Ordering

Address:

City, State, Zip:

Contact Name:

Contact Email:

Contact Phone Number:

Payment

Address:

City, State, Zip:

Contact Name:

Contact Email:

Contact Phone Number:

Ownership Type

__ Sole Proprietorship __ Partnership __ Corporation __ Other_________________________

SIGNATURE OF AUTHORIZED AGENT IS REQUIRED UNLESS RESPONSE

IS SUBMITTED ELECTRONICALLY. FAILURE TO SIGN SHALL RENDER

THE BID INVALID.

Signature X_________________________________________ FEIN#____________________ Date____________

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

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Line Items

Commodity Group:

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

1 6" Extruded or Ribbon Thermoplastic Ln Line 5000.00000 LNFT

Comm Code Comm Description Manufacturer Model # Manuf Part #

55036 Marking Compound (Thermoplastic), and Marking Powder

Extended Description 90 Mil Minimum thickness

2 6" Spray Thermoplastic Ln Line 20000.00000 LNFT

60 Mil Minimum Thickness

3 12" Extruded or Ribbon Thermoplastic Line 5000.00000 LNFT

90 Mil minimum Thickness

4 12" Spray Thermoplastic Line 20000.00000 LNFT

60 Mil minimum thickness

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5 Wet Reflective elements used on any 6" Thermoplastic Stripe

10000.00000 LNFT

Item shall only include the addition of wet reflective beads (elements) to a 6" thermoplastic stripe. This item does not include the thermoplastic, which will be paid under the applicable 6" thermoplastic bid item

6 Wet Reflective elements used on any 12" Thermoplastic Stripe

10000.00000 LNFT

Item shall only include the addition of wet reflective beads (elements) to a 12" thermoplastic stripe. This item does not include the thermoplastic stripe, which will be paid under the applicable 12" thermoplastic bid item

7 4" Thermoplastic Lane Line 2000.00000 LNFT

8 8" Thermoplastic Lane Line 2000.00000 LNFT

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9 6" Durable Type 1 Tape 3000.00000 LNFT

Item shall include the installation of 6" white or yellow durable Type 1 striping tape and all necessary pavement prep and any other miscellaneous materials recommended or required by the manufacturer, including but not limited to primer. Removal of an existing stripe prior to tape installation is not included in this bid item and shall be paid as Waterblast Existing Pavement Striping

10 12" Durable Type 1 Tape 6000.00000 LNFT

Item shall include the installation of 12" white or yellow durable Type 1 striping tape and all necessary pavement prep and any other miscellaneous materials recommended or required by the manufacturer, including but not limited to primer. Removal of an existing stripe prior to tape installation is not included in this bid item and shall be paid as Waterblast Existing Pavement Striping

11 6" Durable Type 1 Tape with Wet Reflective Elements

2000.00000 LNFT

Item shall include the installation of 6" white or yellow wet reflective durable Type 1 striping tape and all necessary pavement prep and any other miscellaneous materials recommended or required by the manufacturer, including but not limited to primer. Removal of an existing stripe prior to tape installation is not included in this bid item and shall be paid as Waterblast Existing Pavement Striping

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12 12" Durable Type 1 Tape with Wet Reflective Elements

2000.00000 LNFT

Item shall include the installation of 12" white or yellow wet reflective durable Type 1 striping tape and all necessary pavement prep and any other miscellaneous materials recommended or required by the manufacturer, including but not limited to primer. Removal of an existing stripe prior to tape installation is not included in this bid item and shall be paid as Waterblast Existing Pavement Striping

13 6" Durable Type 1 - Contrast Wet Reflective 3000.00000 LNFT

Item shall include the installation of 6" white or yellow wet reflective durable Type 1 striping tape with black contrast borders and all necessary pavement prep and any other miscellaneous materials recommended or required by the manufacturer, including but not limited to primer. Removal of an existing stripe prior to tape installation is not included in this bid item and shall be paid as Waterblast Existing Pavement Striping

14 12" Durable Type 1 - Contrast Wet Reflective 2500.00000 LNFT

Item shall include the installation of 12" white or yellow wet reflective durable Type 1 striping tape with black contrast borders and all necessary pavement prep and any other miscellaneous materials recommended or required by the manufacturer, including but not limited to primer. Removal of an existing stripe prior to tape installation is not included in this bid item and shall be paid as Waterblast Existing Pavement Striping

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15 6" Durable Waterbourne Marking 2000.00000 LNFT

Item shall include the installation of 6" white or yellow durable waterbourne paint stripe

16 12" Durable Waterbourne Marking 2000.00000 LNFT

Item shall include the installation of 12" white or yellow durable waterbourne paint stripe

17 Thermoplastic 18' Lane Reduction Arrow - Asphalt

5.00000 EA

Thermoplastic 18' Lane Reduction Arrow - Asphalt

18 Thermoplastic 18' Lane Reduction Arrow - Concrete

Item shall include all necessary pavement prep for installation, including but limited to use of primer for optimum adhesion.

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19 Extruded Thermoplastic for Cross Hatching - Asphalt

12000.00000 SQFT

90 Mil minimum thickness. For use on shoulders, medians and gore areas. Quantity paid shall be the area of the completed marking

20 Extruded Thermoplastic for Cross Hatching - Concrete

5000.00000 SQFT

90 Mil minimum thickness. For use on shoulders, medians and gore areas. Item includes all necessary pavement prep for installation, including but not limited to use of primer for optimum adhesion. Quantity paid shall be the area of the completed marking

21 Thermoplastic Interstate Shield on Asphalt Pavement 2-digits

Shields shall contain a 2-digit route number (64, 65, or 71)

22 Thermoplastic Interstate Shield Concrete 2-digit

Shields shall contain a 2-digit route number (64, 65, or 71). Item includes all necessary pavement prep for installation, including but not limited to use of primer of optimum adhesion.

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23 Thermoplastic Interstate Shield Asphalt (3 characters)

15.00000 EA

Shields shall contain a 3-character route. The 3 characters shall consist of a 3-digit route (264 or 265) or a 2-digit route (64, 65, or 71 ) and a single letter direction (N, S, E, or W)

24 Thermoplastic Interstate Shield Concrete (3 characters)

Shields shall contain a 3-character route. The 3 characters shall consist of a 3-digit route (264 or 265) or a 2-digit route (64, 65, or 71) and a single letter direction (N, S, E, or W)

25 Waterblast Existing Pavement Striping 40000.00000 LNFT

Item shall include removal of an existing pavement stripe and all necessary cleaning. Pavement stripe may be comprised of paint, thermoplastic and / or tape.

26 Remove Thermoplastic Pavement Marking 1500.00000 SQFT

Item shall include removal of an existing thermoplastic pavement marking by way of waterblasting and all necessary cleaning. Quantity paid will be the actual area of the thermoplastic marking

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27 Remove Existing Type V Raised Pavement Marker

700.00000 EA

Item shall include removal of the lens from an existing Type V raised pavement marker casting. The casting shall not be disturbed.

28 Replace Type V Raised Pavement Marker Lens 200.00000 EA

Item shall include removal of the lens from an existing Type V raised pavement marker casting and installation of a new lens in the existing casting. The lens may be mono or bi-directional

29 Type V Raised Pavement Marker 1200.00000 EA

Item shall include installation of a new Type V raised pavement marker casting and lens. The lens may be mono or bi-directional

30 Lane Closure 40.00000 EA

This bid item shall include all work necessary to erect a lane and/ or ramp closure to perform the requested bid item work. See special note for additional traffic control information

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31 Barrier Wall Linear Delineation 2000.00000 LNFT

This item shall include the installation of linear barrier wall delineators including all necessary installation materials. Delineators shall be 6" in height and continuous over the requested length, colors may include white or yellow. Product to be 3M Diamond Grade Linear Delineation System or Department approved equivalent

Shipping Information KYTC Project Site

Project Site

N/A KY

Billing Information KYTC District 5 - Louisville District Office

8310 Westport Road PO Box 22129 Louisville KY 40252

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Submission Checklist

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

Item

PRICE

RESPONSE

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.

_____ FACE OF SOLICITATION – SIGNED (See Section 3.04)

_____ BID INFORMATION – COMPLETED (See Section 5.00)

All other items MUST be submitted prior to award.

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

ENTITY (See Section 2.12)

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

_____ CERTIFICATE OF INSURANCE (See Section 1.03)

PLEASE READ THIS SOLICITATION AND ITS INSTRUCTIONS IN ITS ENTIRETY.

This is a Request for Bid (RFB).

Vendors shall comply with the terms and conditions stated in the solicitation.

Any efforts to negotiate these terms and conditions SHALL NOT be accepted and SHALL cause the bid to be deemed non-responsive.

The General Conditions and Instructions for Solicitations and Contracts shall be incorporated by reference in each solicitation and resulting contract. Therefore, it is the bidder's responsibility to access and read these General Conditions at: http://finance.ky.gov/services/policies scroll down to Procurement Services- Procurement , double click on the file named FAP 110-10-00 General Conditions and Instructions for Solicitations and Contracts or request a copy by contacting the KYTC Division of Purchases buyer named in Section 3.01. Every person submitting a bid to the Commonwealth shall be deemed to have assented to these conditions by the act of bidding.

Section 1 - Scope of Work - Service

1.00 - Specifications of Service Requirements

KY Primary Route Durable Marking Modifications Special Notes

All work items to be performed and materials used shall conform to the current edition of the Kentucky Transportation Cabinet/Department of Highways Standard Specifications for Road and Bridge Construction, Standard Drawings and Manual of Uniform Traffic Control Devices.

Links to these resources are listed below:

https://transportation.ky.gov/Construction/Pages/Kentucky-Standard-Specifications.aspx https://transportation.ky.gov/Highway-Design/Pages/Standard-Drawings.aspx https://mutcd.fhwa.dot.gov/htm/2009r1r2/html_index.htm

It is anticipated that the majority of the work to be performed with this agreement will be on the interstate and interstate interchanges. Namely the interchange of I-64, I-65 and I-71 in

Document Description Page 11

2000000048 Thermoplastic Interstate Markings D5 of 36 https://transportation.ky.gov/Construction/Pages/Kentucky-Standard-Specifications.aspx https://transportation.ky.gov/Highway-Design/Pages/Standard-Drawings.aspx https://mutcd.fhwa.dot.gov/htm/2009r1r2/html_index.htm downtown Louisville, KY and on KY 841 and I-71 in northeastern Jefferson County. Actual locations will be determined based on the need of work. The Department shall provide the Contractor the location and work order information in a timely manner to ensure all materials can be ordered and are on hand prior to the scheduled work. As needed, the Department will also provide staffing to assist the Contractor in layout of the changes or to mark the areas in advance of work.

It is anticipated that working hours and lane closures will be permitted at night between the hours of approximately 8:00 P.M. – 5:00 A.M. Weekend closures may also be permitted between approximately 8:00 P.M. Friday evening to 5:00 A.M. the following Monday morning.

These hours are approximate and actual times of permitted lane closures shall be determined by the Department at the time of work.

The Department hereby notifies the bidder that traffic control to be provided by the Contractor shall be paid under the bid item “LANE CLOSURE”. This bid item shall include all work necessary to erect a lane and/or ramp closure to perform the requested bid item work per the Delivery Order. A lane closure shall include but not limited to advance warning signs, one arrow board, barrels, barricades, etc. This could include a shoulder closure, single lane closure and/ or ramp closure. When multiple lanes are closed requiring the use of additional arrow boards, a “LANE CLOSURE” will be paid for each arrow board and subsequent traffic control. In the event of a ramp closure, any required detour signing will be considered incidental to the LANE CLOSURE bid item.

If the Department chooses to provide traffic control, no additional payment will be paid to the Contractor other than the performed items of work. All traffic control provided by the Contractor shall be in conformance to the MUTCD and Kentucky Standard Drawings, current edition as applicable. The Department will request traffic control plans to be submitted by the Contractor based on the location of the estimated work to be performed a minimum of 14 calendar days prior to the planned work. The traffic control plans shall be created and/or approved by a Kentucky certified Work Zone Traffic Control Supervisor. While the traffic control is in place, the Contractor shall ensure a certified Work Zone Traffic Control Technician is onsite to maintain the work zone and perform any modifications as needed/requested. If at any time the Contractor is in violation of the work zone requirements and fails to follow Section 112 of the Standard Specifications, payment may be withheld for the traffic control portion of the work.

For items requiring wet reflective striping, the Contractor shall use one of the following products:

3M Connected Roads All Weather Elements

Potters Visimax Highway Glass Bead System

Brand bidding: _________________________________________

The color of the wet reflective beads shall match the color of the line being applied. Traditional and wet reflective beads shall be applied in a double-drop application of traditional glass beads and wet reflective optical elements. Contractor shall follow manufacturer’s recommendations as to incorporating wet reflective elements into the striping operation. Apply traditional beads and wet reflective elements in sufficient quantities to obtain the dry retroreflectivity requirements and desired wet retroreflectivity levels. A 50/50 ratio of traditional beads to wet reflective elements

Document Description Page 12

2000000048 Thermoplastic Interstate Markings D5 of 36 is recommended, but bead distribution may be modified with the approval of the Department, if the Contractor feels that a different distribution is necessary to meet the dry/wet retroreflectivity levels.

The provided quantities included in this bid are estimated based on the anticipated work.

These quantities are not guaranteed and are subject to change. Actual paid quantities will be determined following completion of the work. The Contractor shall coordinate with the Engineer prior to ordering materials to ensure appropriate quantities are on hand to complete the requested items. There shall be no additional compensation for surplus materials.

1.03– Insurance Requirements – ***Revised September 28, 2018. Review carefully.***

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

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

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

The successful bidder shall furnish an ACORD Certificate within ten (10) days of notice of intent to award with:

A. The certificate holder listed as:

Kentucky Transportation Cabinet Division of Purchases 4th Floor East 200 Mero Street Frankfort, KY 40622

B. The Endorsement indicating the Commonwealth and its agents as an Additional Insured for the contract resulting from this solicitation.

C. The contract number in the Description of Operations box.

Failure to furnish said certificates or to indicate the contract number shall be grounds for cancellation of the contract.

The successful bidder shall provide an up-to-date copy of the certificate upon renewal of the policy.

Failure to do so shall result in cancellation of the contract.

The insurance shall be endorsed to state that coverage shall not be suspended, voided, cancelled by either party, reduced in coverage limits, except after thirty (30) days prior written notice by certified mail, return receipt requested, has been given to the agencies.

The insurance coverage shall be in compliance with the laws of the Commonwealth of Kentucky and shall be placed with a licensed resident or non-resident agent who represents insurance companies authorized to do business in Kentucky. A list of authorized companies can be found at http://insurance.ky.gov/ company. Failure to meet this requirement may result in the bid being deemed non-responsive.

The insurer shall have an AM Best rating of B+ or higher. Visit www.ambest.com for verification. Failure to meet this requirement may result in the bid being deemed non-responsive.

Section 2 - Terms and Conditions of the Contract

2.00 – Scope of the Contract

The Kentucky Transportation Cabinet Division of Purchases issues this solicitation on behalf of the District 5 to award a master agreement contract for: Thermoplastic Markings D5

Document Description Page 13

2000000048 Thermoplastic Interstate Markings D5 of 36 http://insurance.ky.gov/company http://insurance.ky.gov/company http://www.ambest.com

2.01 - Contract Components and Order of Precedence

The Commonwealth’s acceptance of the offer indicated by the issuance of an Award by the KYTC Division of Purchases shall create a valid Master Agreement consisting of the following:

1. The written Master Agreement between the Parties;

2. Any Addenda to the Solicitation;

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

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

5. The Kentucky Revised Statutes KRS 45A.

In the event of an inconsistency between provisions of the solicitation, the inconsistency shall be resolved by giving precedence in the following order: (a) the Specifications; (b) other provisions of the Solicitation, whether incorporated by reference or otherwise; (c) Contract or Master Agreement Terms and Conditions;

(d) FAP 110-10-00 – General Conditions and Instructions for Solicitations and Contracts.

2.02 - Initial Contract Period

The Master Agreement will begin upon award and extend through August 31, 2020.

2.03 - Optional Renewal Period

This Master Agreement may be extended at the completion of the initial contract period for four (4) additional one-year periods. This extension must have the written approval of the vendor and the KYTC Division of Purchases. The Commonwealth of Kentucky reserves the right to renegotiate any terms and/ or conditions as may be necessary to meet requirements for the extended period. The vendor will be advised of any proposed revisions prior to the renewal periods. In the event proposed revisions cannot be agreed upon, either party shall have the right to withdraw without prejudice from either exercising the option or continuing the contract in an extended period.

2.04 - Divisions/Agencies to Be Served

This contract shall be for use by the following Divisions/Agencies of the Kentucky Transportation Cabinet:

D5

No shipments or services are authorized until an official Delivery Order has been fully processed by an authorized agency.

2.05 - Quantity Basis of Contract

Any and all quantities mentioned in this solicitation are purely estimates, and are not to be implied nor inferred as being guarantees. The State is obligated to buy only that quantity needed by its agencies during the term of the contract. Requirements may exceed the quantities shown and the contractor will be required to furnish all requirements shown on Delivery Orders dated during the life of the contract.

2.06 - Exception to Required Use of Contract

Document Description Page 14

The establishment of this Master Agreement is not intended to preclude the use of similar products when requested by the agency. The Commonwealth of Kentucky reserves the right to acquire large requirements through other competitive processes.

2.07 - Basis of Price Revisions

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

A. Price Increases: A price increase will not be allowed during the first twelve (12) months of the contract. Only one price increase will be allowed during the contract period. The price increase must be based on industry wide price changes. The contract holder must request in writing a price increase at least thirty (30) days prior to the effective date, and shall provide firm proof that the price increase(s) is justified. The KYTC Division of Purchases may request additional information or justification. If the price increase is denied, the contract holder may withdraw from the contract without prejudice upon written notice and approval by the KYTC Division of Purchases. Notice of withdrawal must be provided a minimum of forty-five (45) days prior to the effective date however the vendor must continue service at the contract prices until a new contract can be established (usually within sixty (60) days).

B. Price Decreases: The contract price shall be reduced to reflect any industry wide price decreases.

The contract holder is required to furnish the KYTC Division of Purchases with notice of any price decreases as soon as such decreases are available.

C. Extended Contract Periods: If the contract provides for an optional renewal period, a price adjustment may be granted at the time the contract is renewed, subject to price increase justification as required “A. Price Increases”. One (1) additional price increase may be granted during the extended contract period. This price increase will not be allowed during the first six (6) months of the extended contract period and will be subject to the conditions in “A” above.

2.08 - Addition or Deletion of Items or Services

The KYTC Division of Purchases reserves the right to add new and similar items, with the consent of the vendor, to the contract. If an addition is agreeable to both parties, the KYTC Division of Purchases will issue a Modification. Until such time as the vendor receives a Modification, the vendor shall not accept Delivery Orders from any agency referencing such items or services.

2.09 - Changes and Modifications to the Contract

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

2.10 - Reduction in Contract Worker Hours/Employee Furlough

The Kentucky General Assembly may allow for a reduction in contract worker hours in conjunction with a budget balancing measure for some professional and non-professional service contracts. If under such authority the agency is required by Executive Order or otherwise to reduce contract hours, the contract will be reduced by the amount specified in that document. The reduction of hours may be applicable to those contract workers that provide a service in state government buildings on a regularly scheduled basis, such as janitorial, security guard, mailing services, and food services. These services will be reduced in hours only in those circumstances where the buildings will be closed. A notification will be sent to the contract holder in advance of any scheduled reduction in contract hours.

2.11 - Basis of Shipment

Document Description Page 15

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

2.12 - 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:

Allyson May

Division of Purchases

Kentucky Transportation Cabinet

Phone: 502-782-3981

E-mail: Allyson.May@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.

2.13 - Response Time

Vendor guarantees a response time of ___________ calendar days following receipt of delivery order.

The Vendor agrees that when work is not complete within the contracted due date, one percent (1%) per day shall be deducted from the Vendor’s invoice for each day the vendor fails to meet the contracted completion date.

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

2.14 - 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.

2.15 - Invoices

Document Description Page 16

Invoices, if required, shall be prepared and transmitted to the agency receiving the goods or services.

One copy shall be marked "original" unless otherwise specified. Each invoice shall contain at least the following information:

a. Contract and Delivery Order number;

b. Item numbers;

c. Description of supplies or services;

d. Sizes;

e. Quantities;

f. Service Dates;

g. Unit prices; and

h. Extended totals.

2.16 - Payments

The vendor shall be paid, upon the submission of proper invoices to the receiving agency at the prices stipulated for the supplies delivered and accepted, or services rendered. Unless otherwise specified, payment will not be made for partial deliveries accepted. Payments will be made within thirty (30) working days after receipt of goods and vendor’s invoice in accordance with KRS 45.453 and KRS 45.454. A penalty payment of one percent (1%) per month shall be added to the amount due the vendor for each full or partial month that the payment exceeds 30 working days.

2.17 - Vendor’s Report

The vendor(s) may be asked to furnish the KYTC Division of Purchases, a report showing volume which has been sold to the Commonwealth and its using agencies each six (6) months of the contract period.

The report will include political subdivisions and university purchases. This report may be the vendor’s computer printout sheet or form. This shall apply to all items, which are to become a part of this contract.

This report must reference usage by brief description, product number or other format designated by the KYTC Division of Purchases.

2.18 - Post Contract Agreements

The Master Agreement shall represent the entire agreement between the parties. Prior negotiations, representations, or agreements, either written or oral, between the parties hereto relating to the subject matter hereof shall be of no effect upon this contract. Unless, contractually provided, the Commonwealth shall not be required to enter into nor sign further agreements, leases, company orders or other documents to complete or initiate the terms of the contract. Any such documents so obtained will be non-binding on the State and be cause for breach of contract.

2.19 - Service Performance

All services performed under contract shall be in accordance with the terms and conditions of the contract. It will be the agency’s responsibility to ensure that such services rendered are performed and are acceptable.

The relationship between the State and the Contractor is that of client and independent Contractor. No agent, employee, or servant of the Contractor or any of its subcontractors shall be or shall be deemed to be an employee, agent, or servant of the State for any reason. The Contractor will be solely and entirely

Document Description Page 17 responsible for its acts and the acts of its agents, employees, servants and subcontractors during the performance of this Contract.

Deviations of services performed will not be made without the written approval of the KYTC Division of Purchases. Problems that arise under any aspect of performance should first be resolved between the vendor and the agency. If such problems and/or disagreements cannot be resolved they should be referred to the KYTC Division of Purchases for mediation.

2.20 - Assignment

The vendor shall not assign this Master Agreement in whole or in part to another vendor at any time during the initial or optional renewal terms of the contract, without the consent, guidance and approval of the Commonwealth. Any assignment hereunder entered into, subsequent to the execution of the contract with the prime vendor, must be annotated and approved by the Commonwealth. Any purported assignment without this consent shall be null and void.

2.21 - Termination of Contracts

A contract may be terminated for default by the vendor, for the convenience of the Commonwealth, or for lack of appropriation in accordance with 200 KAR 5:312.

2.22 - 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.

2.23 - Registration with the Secretary of State by a Foreign Entity

Pursuant to KRS 45A.480(1)(b), an agency, department, office, or political subdivision of the Commonwealth of Kentucky shall not award a state contract to a person that is a foreign entity required by KRS 14A.9-010 to obtain a certificate of authority to transact business in the Commonwealth (“certificate”) from the Secretary of State under KRS 14A.9-030.

For all foreign entities required to obtain a certificate of authority to transact business in the Commonwealth, if a copy of the certificate is not received within the time specified by the Division of Purchases, the foreign entity’s solicitation response may be deemed non-responsive. If the foreign entity is not required to obtain a certificate as provided in KRS 14A.9-010, the foreign entity should identify the applicable exception in its solicitation response. Foreign entity is defined within KRS 14A.1-070.

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

Businesses can register with the Secretary of State at https://secure.kentucky.gov/sos/ftbr/welcome.aspx

2.24 - Discrimination:

Discrimination (because of race, religion, color, national origin, sex, sexual orientation, gender identity, age, or disability) is prohibited. This section applies only to contracts utilizing federal funds, in whole or in part. During the performance of this contract, the contractor agrees as follows:

1. The contractor will not discriminate against any employee or applicant for employment because of race, religion, color, national origin, sex, sexual orientation, gender identity or age. The contractor further agrees to comply with the provisions of the Americans with Disabilities Act (ADA), Public Law 101-336, and applicable federal regulations relating thereto prohibiting discrimination against otherwise

Document Description Page 18 qualified disabled individuals under any program or activity. The contractor agrees to provide, upon request, needed reasonable accommodations. The contractor will take affirmative action to ensure that applicants are employed and that employees are treated during employment without regard to their race, religion, color, national origin, sex, sexual orientation, gender identity, age or disability. Such action shall include, but not be limited to the following; employment, upgrading, demotion or transfer; recruitment or recruitment advertising; layoff or termination; rates of pay or other forms of compensations; and selection for training, including apprenticeship. The contractor agrees to post in conspicuous places, available to employees and applicants for employment, notices setting forth the provisions of this non-discrimination clause.

2. The contractor will, in all solicitations or advertisements for employees placed by or on behalf of the contractor, state that all qualified applicants will receive consideration for employment without regard to race, religion, color, national origin, sex, sexual orientation, gender identity, age or disability.

3. The contractor will send to each labor union or representative of workers with which he has a collective bargaining agreement or other contract or understanding, a notice advising the said labor union or workers' representative of the contractor's commitments under this section, and shall post copies of the notice in conspicuous places available to employees and applicants for employment. The contractor will take such action with respect to any subcontract or purchase order as the administering agency may direct as a means of enforcing such provisions, including sanctions for noncompliance.

4. The contractor will comply with all provisions of Executive Order No. 11246 of September 24, 1965 as amended, and of the rules, regulations and relevant orders of the Secretary of Labor.

5. The contractor will furnish all information and reports required by Executive Order No. 11246 of September 24, 1965, as amended, and by the rules, regulations and orders of the Secretary of Labor, or pursuant thereto, and will permit access to his books, records and accounts by the administering agency and the Secretary of Labor for purposes of investigation to ascertain compliance with such rules, regulations and orders.

6. In the event of the contractor's noncompliance with the nondiscrimination clauses of this contract or with any of the said rules, regulations or orders, this contract may be cancelled, terminated or suspended in whole or in part and the contractor may be declared ineligible for further government contracts or federally-assisted construction contracts in accordance with procedures authorized in Executive Order No. 11246 of September 24, 1965, as amended, and such other sanctions may be imposed and remedies invoked as provided in or as otherwise provided by law.

7. The contractor will include the provisions of paragraphs (1) through (7) of section 202 of Executive Order 11246 in every subcontract or purchase order unless exempted by rules, regulations or orders of the Secretary of Labor, issued pursuant to section 204 of Executive Order No. 11246 of September 24, 1965, as amended, so that such provisions will be binding upon each subcontractor or vendor. The contractor will take such action with respect to any subcontract or purchase order as the administering agency may direct as a means of enforcing such provisions including sanctions for noncompliance;

provided, however, that in the event a contractor becomes involved in, or is threatened with, litigation with a subcontractor or vendor as a result of such direction by the agency, the contractor may request the United States to enter into such litigation to protect the interests of the United States.

2.25 - Kentucky Sales and Use Taxes

Sales of tangible personal property or services to the State of Kentucky and its agencies are not subject to state sales or use taxes.

2.26 - Extension Period

This contract may be extended at the termination of all contract renewal periods for additional time not to exceed 90 days. This extension must be accompanied by the written approval of the vendor and the Division of Purchases

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2.27 – Extension to Other Agencies

The Division of Purchases reserves the right, with the consent of the vendor, to offer this master agreement to other state agencies who may have need for the product(s) and/or service(s). Each state agency must obtain prior approval from the Finance Cabinet Office of Procurement Services.

If Contracts are used by state agencies other than the Transportation Cabinet, such responsibilities will be assumed by the user agency. All billing and payments for materials/services purchased from an agreement will be directly between the user agencies and Vendors.

2.28 - Extension to Political Subdivisions

The Division of Purchases reserves the right, with the consent of the vendor, to offer this master agreement to political subdivisions and local government entities who may have need for the product(s) and/or service(s). Prior approval from the Finance Cabinet is not required.

If Contracts are used by political subdivisions, such responsibilities will be assumed by the user agency.

All billing and payments for materials/services purchased from an agreement will be directly between the user agencies and Vendors.

2.29 - Access to Records

The contractor, as defined in KRS 45A.030 (9) agrees that the contracting agency, the Finance and Administration Cabinet, the Auditor of Public Accounts, and the Legislative Research Commission, or their duly authorized representatives, shall have access to any books, documents, papers, records, or other evidence, which are directly pertinent to this contract for the purpose of financial audit or program review. Records and other prequalification information confidentially disclosed as part of the bid process shall not be deemed as directly pertinent to the contract and shall be exempt from disclosure as provided in KRS 61.878(1)(c). The contractor also recognizes that any books, documents, papers, records, or other evidence, received during a financial audit or program review shall be subject to the Kentucky Open Records Act, KRS 61.870 to 61.884.

2.30 - Records Retention

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

2.31 - Governing Law

This Contract shall be governed by and construed in accordance with the laws of the Commonwealth of Kentucky and any litigation with respect to this Contract shall be brought in state or federal court in Franklin County, Kentucky in accordance with KRS 45A.

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Section 3 - General Information

3.00 - Issuing Office

The Division of Purchases is the only office authorized to change, modify, amend, alter, or clarify the specifications, terms and conditions of this RFB.

3.01 - Restrictions on Communications

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

Allyson May

502 / 782-3981

Fax – 502 / 564-7069

E-mail – Allyson.May@ky.gov

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

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

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

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

The Commonwealth reserves the right to reject the bid response for any violation of this provision.

This provision does not preclude bidders who presently hold contracts with the Commonwealth from communicating with state agencies regarding existing contracts.

3.02 - Schedule of RFB Activities

The following schedule presents the major activities associated with the RFB distribution, written questions, and bid submission. The Commonwealth reserves the right at its sole discretion to change the Schedule of Activities, including the associated dates and times.

Deadline for written questions

All questions shall submitted in writing by the date and time specified.

No questions shall be accepted after the date/time listed unless the question(s) is considered material to the procurement. Oral questions will not be accepted at any time except for bid procedural clarifications. The Commonwealth will respond to salient questions in writing by issuing an Addendum to the Solicitation.

August 7, 2019 by 4:00pm

Commonwealth’s response to written questions

The Addendum shall be posted to the Commonwealth’s e-Procurement web site.

August 8, 2019 by 4:00pm

Bids due by 10:00 AM

Notice to Vendors:

See page 1 for Closing Date.

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All bidders are cautioned to be aware of the security in the Transportation Office Center located at 200 Mero Street in Frankfort, KY. All bids shall be time-stamped in the Division of Purchases no later than the due date and time defined in this Solicitation. In-person or courier delivered bids in response to this Solicitation should be delivered to the 4th Floor, East. Delays due to building security checks shall not be justification for acceptance of a late bid.

Tentative Award Date August 30, 2019

NOTE: All times referenced are Eastern Time Zone

3.03 - Access to Solicitation and Solicitation Addenda

The Commonwealth wants each prospective Offeror to have full and complete information on which to base a bid response. Only information presented or referred to in this RFB and any additional written information that is supplied by the Division of Purchases shall be used by Offerors in preparing a response to this RFB.

The Solicitation and any Addenda shall be posted to the e-Procurement web site at HYPERLINK "https://emars311.ky.gov" .

To view/download Solicitation documents from the Kentucky Vendor Self Service site

Please note: It is not necessary to register to access the solicitations. Unregistered vendors can access the solicitations by clicking on guest access.

Step 1 - Click Guest Access- located on the left of the screen, You will be taken directly to list of solicitations organized by closing date.

Step 2 – Keyword Search - Vendors can use the keyword field search to narrow your search. Type in keyword and click the advanced search button, select status open then click the go button or click the next button to page through all the open solicitations.

Step 3 - Click the details button under the RFB/RFP document number

Step 4 - Click the Attachments tab to see all attachments related to that particular solicitation document

Step 5 - Click the link for each file name, a new window will appear, click open to open/view the file. Once the file opens, click the print icon to print that file attachment. Close that file attachment then repeat steps to open and print each different file attachment. It is the vendor’s responsibility to view and/or print all file attachments for a solicitation document.

Please note: some solicitations may have multiple file attachments.

Check this web site periodically for any updates that may be posted to the Solicitation. It is the responsibility of the vendor to obtain copies of all information and forms.

3.04 - Bid Submission Requirements

On the Solicitation front page, complete the boxes for the vendor information including the ordering and payment addresses.

FAP 110-10-00-04 (c) requires that every paper bid is signed by an agent of the firm, shall be filled out in ink or typewritten, and “signed in ink in the space provided on the Solicitation.”

Photocopies of the filled out bid documents that contain copies of signatures but do not contain an ink signature will not meet this requirement.

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Vendors shall submit one (1) signed original of the solicitation response under sealed cover, which shall be received no later than the date and time indicated on the face of this solicitation. Any response received after this date and time shall be rejected and returned unopened to the Bidder. Any response not under sealed cover shall be rejected.

The Commonwealth defines SEALED as “a closure that must be broken to be opened and that thus reveals tampering”. (Merriam-Webster Dictionary, http://www.merriam-webster.com/dictionary/seal)

A bidder shall identify their response to a solicitation on the response envelope for a hard copy bid. Any response not sufficiently identified on the sealed cover, requiring it to be opened for identification, shall be rejected.

Bid Responses shall be addressed and submitted to:

BID CLERK

KENTUCKY TRANSPORTATION CABINET

DIVISION OF PURCHASES – 4TH FLOOR

200 MERO STREET

FRANKFORT KY 40622

The outside cover of the package containing the Bid Response shall be marked with:

NAME OF SOLICITATION

SOLICITATION NUMBER

NAME OF VENDOR SUBMITTING RESPONSE

CLOSING DATE

Fax Bid Response copies and Electronic Bid Responses are NOT acceptable for this RFB and shall be considered non-responsive.

Include in bid response, any Addenda, and all Attachment Forms included in this solicitation.

All bids shall remain valid for a minimum of ninety (90) calendar days after the bid closing date.

3.05 - Acknowledgment of Addenda to Solicitations

It is the vendor's responsibility to check the web site for any modifications to this solicitation. Vendors are encouraged to acknowledge each addendum by signing and submitting the latest addendum with their response. However, signing the face of the solicitation as indicated above constitutes the vendor’s acknowledgement of and agreement to be bound by the terms of all addenda issued.

Failure to specifically acknowledge addenda will not excuse the vendor from adhering to all changes to the requirements of the solicitation set forth therein nor provide justification for any pricing changes.

3.06 - Modification or Withdrawal of Bids

An offer may be modified by electronic or facsimile notice, if notice is received prior to the hour and date specified for receipt of offers. An electronic or facsimile modification shall not mention unit prices or total price; but shall only refer to percentage change or numerical change.

An offer may be modified or withdrawn by electronic or written notice received prior to the hour and date specified for receipt of offers. An offer may also be withdrawn in person by an offeror or his authorized representative, if his identity is made known and he signs a receipt for the offer, but only if the withdrawal is made prior to the hour and date set for receipt of offers.

3.07 - E-Procurement Award Notification

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