Final_RFB_605_2000000637_1_SO_FORM.PDF

Document ID: RFB 605 2000000637 Page: 1

Commonwealth of Kentucky

SOLICITATION

Addenda: No Addenda #:

TITLE: Automated Flagging Machine

Date Issued:

4/29/20 Record Date:

2020-04-29

Solicitation Closes Date:

5/13/20 Time:

10:00

Solicitation No:

RFB 605 2000000637

Online Bidding Prohibited: Yes

For Information Call:

Amanda Lewis 502-782-4003

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.

Document ID: RFB 605 2000000637 Page: 2

Line Items

Commodity Group: Default Commodity Group

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

1 Automated Flagging Machine 2.00000 EA

Comm Code Comm Description Manufacturer Model # Manuf Part #

55014 Early Warning System, Engine Powered, Trailer Mounted (Or fo

Extended Description For email submission: READ CAREFULLY!!

VENDOR MUST PRINT the RFB document, FILL IT OUT, SCAN IT, THEN EMAIL the entire bid document and any other required information in order for their emailed bid submission to be considered.

Send a complete scanned version of your bid submission to KYTC.Bids@ky.gov.

Put "RFB 605 2000000637" in the Subject Line of the email.

**DO NOT COPY THE BUYER OR ANY OTHER PERSON WHEN EMAILING YOUR BID or your bid may be deemed non-responsive since confidentiality will be breached.**

**KYTC.Bids@ky.gov is ONLY for the purpose of submitting a bid responses.

All questions related to a solicitation or the process must be sent directly to each buyer at the email listed below.

Bidders who are bidding on more than one RFB at the same time MUST submit their bids via separate emails for each RFB.

Be sure to include the signed cover page of the solicitation, ALL pricing pages/bid sheets, delivery requirements (if applicable), any applicable signed/ notarized Affidavits, and any other required documents.

Emails with attachments can be delayed, therefore vendors are encouraged to submit in enough time to allow email delivery by 10:00am on the bid closing date.

Delays due to technological issues shall not be justification for acceptance of a late bid.

**This is a request to establish a master agreement. Quantities are only annual estimates. See attached specifications.

Each unit shall include two (2) flagging machines.

Brand & Model Bidding:______________________________________________________

Shipping Information KYTC Division of Equipment - Receiving Shop

1239 Wilkinson Blvd

Frankfort KY 40622

Billing Information KYTC Division of Equipment

1234 Wilkinson Blvd

Frankfort KY 40622

Document ID: RFB 605 2000000637 Page: 3

Submission Checklist

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

Item Lowest price receives highest number of points.

Earliest response time receives highest number of points.

NEW – Effective 3-23-20 bid submissions may be submitted electronically to KYTC.Bids@ky.gov.

Vendors will no longer be able to hand deliver/drop off bids to the Transportation Cabinet. All bids shall be mailed using US Postal Service, UPS, or Fed Ex, or emailed according to Section 3.04.

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)

_____ EQUIPMENT SPECIFICATIONS/PRODUCT LITERATURE

PLEASE READ THIS SOLICITATION AND ITS INSTRUCTIONS IN ITS ENTIRETY.

This is a Request for Bid (RFB).

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

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

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 - Specifications – Commodity

1.00 - Specifications of Commodity

ITEM 1 – AUTOMATED FLAGGING MACHINE

GENERAL: It is the intention of these specifications to describe minimum requirements for an automated flagger assistance machine. Each unit shall include two (2) flagging machines. The unit shall be a current model under standard production by the manufacturer. Materials furnished shall be new and at least of standard quality currently used commercially, conforming to current engineering and manufacturing practices. Materials shall be free from defects that adversely affect the function or appearance of the finished unit and shall meet the following minimum specifications:

SIGNAL CONTROLLER HARDWARE: Each signal controller shall have the following operational features and capabilities:

An LCD screen with dimensions of 1 inch x 3 ¾ inches (2.54 cm x 9.53 cm) Housed in a lockable, weather#tight steel cabinet Plug and play installation ‘All Stop’ button # initiates a manual, All Stop command of signal operation ‘Start’ button # initiates the program operation Timing buttons # input and adjust timing parameters

During operation, the LCD screen shall display the following information:

Document Description Page 4

2000000637 Automated Flagging Machine mailto:KYTC.Bids@ky.gov

Mode of operation The Phase 1 green, amber and red times as entered The Phase 2 green, amber and red times as entered The battery voltage of both the Master and Secondary units

Each signal controller shall be capable of providing the following feedback information to the user:

LED indicators on the controller face provide the status of the Red and Amber lamps at both the Master and Secondary units The receive and transmit status of the radio transceiver Notification that the onboard battery charger is operating properly when connected to 110 VAC Audible feedback when controller buttons are depressed

The controller LCD screen shall be capable of displaying the following messages:

Turn Master On Turn Secondary On Repair Communication Link Communication Failure, Press Start to Resume Communication Failure See Master Unit Communication Failure See Secondary Unit Battery Low Battery Dead Charge for 48 Hours Fault in Red Lamp Fault in Amber Lamp Conflicting Lamps

Each signal controller shall meet the following operational requirements:

Compliance with the NEMA TS#2 Environmental Requirements Rated to operate within temperature range of #40C to +85C (#40F to +185F)

SIGNAL CONTROLLER HARDWARE: Each signal controller shall have operating software capable of the following:

Each signal controller shall have operating software capable of the following:

Programming of the signal controller without the need of an external interface (i.e. micro terminal, laptop computer) Signal controller designation (i.e. Master, Secondary) within the software, allowing for the flexibility to assign the designation to any signal controller Internal conflict monitoring system to ensure conflicting signals can never occur Programmable signal timing of (one second increments):

Red: 1 to 600 seconds Flash Amber: 1 to 300 seconds Solid Amber: 3 to 6 seconds

User selectable predefined work zone layout phasing options of:

One Way at a Time Two Way, Lanes Open Stop for Haul Road Single Machine Operation

User selectable gate arm delay range of 0 to 10 seconds User selectable enable or disable of gate arm function Compatible with optional siren intrusion alarm system Software lock#out feature to prevent tampering Manual operation by means of wireless hand held radio remote Manual operation shall not allow the user to interrupt the all red clearance time

RADIO COMMUNICATION SYSTEMS: The radio communication system shall be capable of operating in the following manner:

Operational distance of up to one#half (1/2) mile (800 meters) between signal trailers A minimum of seven (7) programmable operating addresses (transmitter frequencies) Spread spectrum frequency hopping to reduce interference

The radio communication system hardware shall consist of the following:

High gain, 7 dB antenna Radio transceiver rated to operate in environments up to 90% humidity in temperatures ranging from #40C to +85C (#40F to +185F) Components certified as compliant with FCC (Part 15, Subpart C, Section 15.247 Frequency Hopping Spread Spectrum Operating in 902#928 MHz Band)

SIGNAL HEADS AND DISPLAY REQUIREMENTS: The signal head displays shall consist of the following:

Document Description Page 5

LED Lamps

Signal lamp comprised of Light Emitting Diodes (LED) 12 inch diameter (300 mm) High flux, ‘incandescent look’ lens 12 Volt input Meet the ITE VTCSH Light Emitting Diode (LED) Vehicle Signal Supplement 2005 standards Certified as compliant with FCC (47 CFR, Part 15:2006 15.109, Class A) Life expectancy of 100,000 hours A rear#facing 4 inch (100 mm) amber LED lamp mounted on the signal. Rear#facing lamp behavior must be displayed as:

Flashing = Phase status is GREEN Solid = Phase status is RED

Signal Lamp Housing

Two section, consisting of Red and Amber signal lamps ITE certified polycarbonate housing Aluminum back plate (back board) Ball cap visors, extending over each LED lamp by 10 inches (25.4 cm)

Signal Display Operational Requirements The signal head displays shall be configured as per the following standards and requirements:

Meet the physical display and operational requirements of the Automated Flagger Assistance Device (AFAD) as outlined in the current Manual on Uniform Traffic Control Devices (MUTCD) Height of signal head measured from bottom of the signal housing to the surface of the roadway shoulder is 9 feet (2.74 meters)

GATE ARM AND SIGNAGE: The gate arm shall comply with the following specifications:

8 feet (2.44 meters) in total length Descends to the down position, blocking the approaching lane of traffic when the red indication is displayed Single piece, highly durable, flexible and non#damaging to vehicles upon impact 4 inch (10.16 cm) vertical profile Alternating 16 inch (40.64 cm) sections of red and white retro#reflective tape 24 inch x 24 inch (60.96 cm x 60.96 cm) orange flag on the roadside end of gate arm Maintenance#free electric actuator lift system rated for 100,000 revolutions (one revolution = one complete up/down cycle)

The ‘Stop Here On Red’ sign (R10#6) shall comply with the following specifications:

24 inches x 36 inches (60.96 cm x 91.44 cm) 3M high intensity prismatic grade Black lettering with white background Fabricated with rust#free aluminum sheeting

POWER SYSTEMS: The power supply system shall consist of the following:

Batteries

Four (4), 6 Volt deep cycle batteries with 464 amp hours of storage at 12 VDC supply Autonomy of sixty (60) hours before recharge required Housed in a lockable, steel box and seated on a rubber mat Secured with steel hold#downs to eliminate movement during travel Anticorrosion spray applied to terminal posts

Battery Charger

35 Amp smart charger External, corrosion proof plug for connection to a 120 VAC source In#line surge protection

Solar Panel and Regulator

85 Watts of solar collection Housed in anodized aluminum frame UL1703 certified Conversion efficiency of +16% Maximum Power Voltage 17.3 Volts Maximum Power Current 4.91 Amps

Document Description Page 6

Open Circuit Voltage 21.6 Volts Short#Circuit Current 5.47 Amps Loss of output is 10% or less within 12 years and less than 25% within 25 years 6 Amp solar regulator with temperature compensation, rated for 25% overloads

Wiring All wiring and connection points on the signal trailer shall meet the following standards and requirements:

Wires meet applicable SAE, UL and ITE standards Wire protection # Wire Loom 100% of length, Metal conduit # 90% Wire connectors meet standards for applicable UL standards Terminal blocks coated to prevent corrosion Installation procedures follow ISO 9001 quality guidelines

Hand held radio remote control and manual operation: The wireless hand held radio remote shall have the following physical and operational attributes:

Three color coded buttons:

RED – All stop GREEN – Phase 1 flashing amber activation BLACK – Phase 2 flashing amber activation

Expiration of the ‘all red’ clearance time before a ‘flashing amber’ phase command is recognized and accepted Two (2) second button delay to prevent accidental activation A red LED indicator light confirms receipt of command Weighs less than 0.5 lbs (227 grams) Powered by four (4) AA batteries that power the unit for a minimum of six (6) months with daily use Splash resistant (to water) Includes a nylon pouch with a belt clip and spare AA batteries

TRAILER STRUCTURE:

Frame The trailer frame shall be fabricated using the following parts and processes:

2 inch x 2 inch, 1/4 inch gauge steel tongue, front bumper and side rails 2 inch x 4 inch, 1/4 inch gauge steel back bumper 2 inch x 2 inch, 1/8 inch gauge steel vertical light post Welding performed and inspected by welders, under ISO 9001 quality guidelines Three (3) screw jacks to level and stabilize, with minimum 2,000 lbs (907.18 kg) lift capacity 2 inch class I and II ball coupler 1/4 inch, high test grade safety chains #8 Dexter torsion bar suspension axle ST175/80R13 tires

The trailer frame complies with the following operational requirements:

Assembled weight of 880 lbs (399.16 kg) 2 inch (5.08 cm) red and white retro#reflective tape around perimeter of the frame Brake and turn lights conform to US DOT regulations

Powder Coat and Steel Preparation The powder coat process and materials shall comply with the following:

Shot blasting preparation Dry#off and cure oven Powder coating procedures comply with ASTM B117 specifications for resistance to salt air environment ‘North America Traffic’ FHWA safety orange powder color

Dimensions The trailer frame shall conform to the following dimensions:

Length Operating: 10.58 feet (3.22 meters) Stowed: 11.83 feet (3.59 meters)

Width Operating (less gate arm): 4.66 feet (1.42 meters) Stowed: 4.66 feet (1.42 meters)

Height

Document Description Page 7

Operating: 11.75 feet (3.58 meters) Stowed: 7.5 feet (2.29 meters)

PAINT: Unit shall be painted manufacturer’s standard color with lead-free paint. This shall include all components which are normally painted.

REGULATIONS: Unit shall meet any state or federal OSHA regulations as applicable.

ADDITIONAL EQUIPMENT: Unit shall contain any additional equipment, not specifically mentioned but necessary, to make a complete and workable unit.

STANDARD EQUIPMENT: Unit shall contain all standard equipment listed as such in the manufacturer’s latest literature unless otherwise stated within these specifications.

MANUALS: Operator’s manual, parts book, and service manual shall be provided with each unit. All manuals and parts books must be concurrent with unit delivered.

TRAINING: Shall provide one (1) day of training regarding safety, operation, and preventative maintenance.

WARRANTY: Unit shall be fully warranted against defective materials and workmanship for a period of at least one (1) year. The warranty shall begin when unit is placed in service. A warranty card or certificate shall be provided with the unit.

PRE-SERVICE: All new equipment must be pre-serviced to the manufacturer’s recommendations and in first class operating condition when delivered. All service work shall be done in the vendor’s place of business or in another location provided by the vendor. No equipment shall be assembled or serviced on Highway Department property. Only minor modifications to equipment necessary to bring the item into compliance with specifications will be permitted on Highway Department property.

ADVERTISING: Unit shall be entirely free of any and all advertising attachments of dealer, such as clips, license brackets, mud flaps or other devices bearing vendor’s name.

MODELS APPROVED WHEN IN ACCORDANCE WITH THE DETAILED SPECIFICATIONS SET

FORTH HEREIN. NOTE: Model listed below may require equipment not normally listed as standard or optional equipment.

North American Traffic Model # RCF 2.4 or approved equal

Section 2 - Terms and Conditions of the Contract

2.00 – Scope of the Contract

The Kentucky Transportation Cabinet Division of Purchases issues this solicitation on behalf of the Division of Equipment to award a master agreement contract for: Automated Flagging Machine

2.01 - Contract Components and Order of Precedence

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

1. The written Master Agreement between the Parties;

2. Any Addenda to the Solicitation;

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

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

5. The Kentucky Revised Statutes KRS 45A.

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

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

2.02 - Initial Contract Period

The Master Agreement will be for the initial period upon award and will expire May 31, 2021.

Document Description Page 8

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:

Division of Equipment

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

2.05 - Quantity Basis of Contract

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

2.06 - Exception to Required Use of Contract

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

2.07 - Basis of Price Revisions

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

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

Document Description Page 9

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 - Basis of Shipment

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

2.11 - 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:

Amanda Lewis Division of Purchases Kentucky Transportation Cabinet Phone: 502-564-4630 E-mail: Amanda.Lewis2@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.

2.12 - Deliveries

Delivery at the earliest possible date is desired.

Vendor guarantees delivery of all requested items within ___________ calendar days after receipt of Delivery Order.

The Vendor agrees that when delivery is not made 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 delivery date.

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

2.13 - 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.

2.14 - Invoices

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

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

a. Contract and Delivery Order number;

Document Description Page 10 mailto:Amanda.Lewis2@ky.gov

b. Item numbers;

c. Description of supplies or services;

d. Sizes;

e. Quantities;

f. Service Dates;

g. Unit prices; and

h. Extended totals.

2.15 - 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.

2.16 - 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.

2.17 - 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.

2.18 - Service Performance

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

The relationship between the State and the Contractor is that of client and independent Contractor. No agent, employee, or servant of the Contractor or any of its subcontractors shall be or shall be deemed to be an employee, agent, or servant of the State for any reason. The Contractor will be solely and entirely responsible for its acts and the acts of its agents, employees, servants and subcontractors during the performance of this Contract.

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

2.19 - 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.

2.20 - 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.

Document Description Page 11

2.21 - 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.

2.22 - 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

2.23 - 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 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

Document Description Page 12 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.

2.24 - 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.

2.25 - Extension Period

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

2.26 – 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.

2.27 - 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.

2.28 - 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.

2.29 - 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

Document Description Page 13 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.

2.30 - Governing Law

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

Section 3 - General Information

3.00 - Issuing Office

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

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:

Amanda Lewis Phone: 502-564-4630 Fax: 502-564-7069 E-mail: Amanda.Lewis2@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

5/5/20 by 3:30pm

Document Description Page 14 mailto:Amanda.Lewis2@ky.gov

Commonwealth will respond to salient questions in writing by issuing an Addendum to the Solicitation.

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

5/6/20 by 7:00pm

Bids due by 10:00 AM Notice to Vendors:

Effective 3-23-2020 vendors will no longer be able to hand deliver/drop off bids to the Transportation Cabinet. All bids shall be mailed using US Postal Service, UPS, or Fed Ex, or emailed according to Section 3.04.

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.

See page 1 for Closing Date.

Tentative Award Date 5/19/2020

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.”

Document Description Page 15

Photocopies of the filled out bid documents that contain copies of signatures but do not contain an ink signature will not meet this requirement. At this time, vendors may submit documents that have been signed electronically or signed and then scanned.

For Mail Submission:

All bids shall be mailed using US Postal Service, UPS, or Fed Ex.

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

For email submission: READ CAREFULLY!!

VENDOR MUST PRINT the RFB document, FILL IT OUT, SCAN IT, THEN EMAIL the entire bid document and any other required information in order for their emailed bid submission to be considered.

Send a complete scanned version of your bid submission to KYTC.Bids@ky.gov.

Put “RFB 605 2000000637” in the Subject Line of the email.

**DO NOT COPY THE BUYER OR ANY OTHER PERSON WHEN EMAILING YOUR BID or your bid may be deemed non-responsive since confidentiality will be breached.**

**KYTC.Bids@ky.gov is ONLY for the purpose of submitting a bid responses. All questions related to a solicitation or the process must be sent directly to each buyer at the email listed below.

Bidders who are bidding on more than one RFB at the same time MUST submit their bids via separate emails for each RFB.

Be sure to include the signed cover page of the solicitation, ALL pricing pages/bid sheets, delivery requirements (if applicable), any applicable signed/notarized Affidavits, and any other required documents.

Emails with attachments can be delayed, therefore vendors are encouraged to submit in enough time to allow email delivery by 10:00am on the bid closing date.

Delays due to technological issues shall not be justification for acceptance of a late bid.

Document Description Page 16

2000000637 Automated Flagging Machine http://www.merriam-webster.com/dictionary/seal mailto:KYTC.Bids@ky.gov mailto:**KYTC.Bids@ky.gov

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

To view the Award of Contract(s) and the Contractor(s) receiving the Award(s) for a Solicitation, access the Kentucky Vendor Self Service site at https://emars311.ky.gov

Step 1 - Click Guest Access- located on the left of the screen.