Final_RFB_605_2100000718_2_SO_FORM.PDF

Document ID: RFB 605 2100000718 Page: 1

Commonwealth of Kentucky

SOLICITATION MODIFICATION

Addenda: Yes Addenda #: 2

TITLE: Pedestal and Bases REBID

Date Issued:

6/15/21 Record Date:

2021-06-15

Solicitation Closes Date:

6/22/21 Time:

13:30

Solicitation No:

RFB 605 2100000718

Online Bidding Prohibited: No

For Information Call:

Brandon Milby 502-782-3979

Bid Receiving Location:

Bid Receiving

See Terms & Conditions for Bid Submission Instructions

Other KY

Vendor Customer Number:

Vendor Name:

Phone Number:

Fax Number:

Email Address:

Ordering

Address:

City, State, Zip:

Contact Name:

Contact Email:

Contact Phone Number:

Payment

Address:

City, State, Zip:

Contact Name:

Contact Email:

Contact Phone Number:

Ownership Type

__ Sole Proprietorship __ Partnership __ Corporation __ Other_________________________

SIGNATURE OF AUTHORIZED AGENT IS REQUIRED UNLESS RESPONSE

IS SUBMITTED ELECTRONICALLY. FAILURE TO SIGN SHALL RENDER

THE BID INVALID.

Signature X_________________________________________ FEIN#____________________ Date____________

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

Document ID: RFB 605 2100000718 Page: 2

Line Items

Commodity Group: Default Commodity Group

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

1 Pedestal and Bases Rebid 0.00000 EA

Comm Code Comm Description Manufacturer Model # Manuf Part #

28574 Pole Line Hardware: Anchors, Arms, Bolts, Braces, Brackets, Extended Description

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

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

*ALL actual BID PRICES must be entered on attached "Bid Sheet" and submitted as an attachment in the e-procurement system.* Emailed and hard copies delivered by any method WILL NOT BE ACCEPTED.

Shipping Information KYTC Division of Traffic Operations - Transportation Warehouse

1239 Wilkinson Blvd

Frankfort KY 40601

Billing Information KYTC Division of Traffic Operations

200 Mero Street 3rd Floor Frankfort KY 40622

Document ID: RFB 605 2100000718 Page: 3

Submission Checklist

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

Item The bidder with the lowest price receives maximum score.

The bidder with the best delivery receives maximum score.

6/15/2021 Addendum to answer vendor question.

Question 1: Will pedestal bases approved under NCHRP350 be acceptable for this bid?

Answer 1: No.

No changes have been made to the specifications or bid due date.

Bid responses shall be received by electronic submission in the eProcurement system.

***See attached document “

An electronic bid shall be authorized by the proper agent of the firm by the act of submitting it electronically through the eProcurement system.

Bid information be completed online. Response must contain all required information for the Solicitation. All bidders be registered in the Commonwealth eProcurement System via the Vendor Self Service System at https://emars311.ky.gov/webapp/vssprdonline3111d/AltSelfService

Allow 24 – 48 hours to complete Vendor Registration. Vendors must be logged in to their Vendor Self Service (VSS) account in order to submit a response. Registrations completed the day of bid closing must be completed by the Vendor in the VSS portal.

The Customer Resource Center is not able to complete registrations and activate accounts on the same day. Closing dates will not be extended for Vendors not registered by the date/time of the bid closing. Vendor Self Registration Guides are provided at https://finance.ky.gov/services/eprocurement/Pages/doingbusiness.aspx

Document Description Page 4

2100000718 Pedestal and Bases REBID https://emars311.ky.gov/webapp/vssprdonline3111d/AltSelfService https://emars311.ky.gov/webapp/vssprdonline3111d/AltSelfService https://finance.ky.gov/services/eprocurement/Pages/doingbusiness.aspx mailto:Finance.CRCGroup@ky.gov

Online bid responses must be in an “Accepted” status and shall be assigned a date and time stamp from the eProcurement system at the time of final acceptance and formal submission by the vendor.

An offer may be modified or withdrawn by electronic or written notice if received prior to the bid closing date and time. An electronic offer may be modified by applying the appropriate electronic signature and following the procedure in the state’s eProcurement signature.

Vendors are not required to bid all groups but shall bid all lines within a group to be considered for award.

Group 1 – Lines 1-2

Group 2 – Lines 3-8

The vendor MUST include the following with the bid submission. If the items below are not submitted with the bid, the Commonwealth MUST deem the bid non-responsive and SHALL NOT be considered for award.

_____ BID INFORMATION – COMPLETED (See Section 5.00)

Document Description Page 5

2100000718 Pedestal and Bases REBID

_____ ATTACHMENT E BID SHEET- COMPLETED

_____ 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)

_____ DRAWINGS / SPECIFICATIONS (Upon Request)

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.

Document Description Page 6

Provide 4 and a half inch O.D. aluminum schedule 40 pipe to provide maximum of 9 feet overall mounting height. Provide a pole that meets or exceeds Component Products CPI-A

Provide a breakaway base cast from 319 aluminum alloy. Provide base that has been tested and has accepted by the FHWA/KYTC in accordance with MASH (look at FHWA website for manufacturers under Sign Supports, Mailboxes & Delineators:

https://safety.fhwa.dot.gov/roadway_dept/countermeasures/reduce_crash_severity/listing.cfm?code=signs

Provide a base that meets or exceeds Frey Manufacturing CP6. Each door on the pedestal shall have a 3”x 2” shock hazard sticker applied to the outside of the door.

Install 3" from the top of the door. The sticker shall be metalcraft Ply695 prem stylemark label with .007 thickness, with UV white Polycarbonate material, and with Mc53fl pressure sensitive adhesive or approval equal. See attachment for wording

Use anchor bolts (Minimum 4) that conform to the requirement of ASTM F 1554 grade 55 for headed for Steel. Provide each anchor bolt with 2 galvanized hex nuts as well as one flat and one lock washer. Provide nuts that equal or exceed the proof load of the bolts strength. Provide bolts that are hot-dip galvanized to the requirements of either ASTM A 123 (fabricated products) or ASTM A 153 (hardware items). Protect anchor bolt threads from damage during shipping. You can use Stainless Steel Anchors to conform to the requirements of ASTM A193 Grade B8. Provide mill test reports on anchor bolts.

Document Description Page 7 https://safety.fhwa.dot.gov/roadway_dept/countermeasures/reduce_crash_severity/listing.cfm?code=signs

Package breakaway base, anchors bolts, and hardware in a single container or burlap bag. Poles can be packaged separate from the other items.

Provide a breakaway base cast from 319 aluminum alloy. Provide base that has been tested and has accepted by the FHWA/KYTC in accordance with MASH (look at FHWA website for manufacturers under Sign Supports, Mailboxes & Delineators:

https://safety.fhwa.dot.gov/roadway_dept/countermeasures/reduce_crash_severity/listing.cfm?code=signs

Provide a base that meets or exceeds Frey Manufacturing CP6. Each door on the pedestal shall have a 3”x 2” shock hazard sticker applied to the outside of the door.

Install 3" from the top of the door. The sticker shall be metalcraft Ply695 prem stylemark label with .007 thickness, with UV white Polycarbonate material, and with

Mc53fl pressure sensitive adhesive or approval equal. See Attachment F for wording.

Provide a slip Fitter Assembly 1 & 2 way Aluminum with necessary hardware. There shall be an aluminum treaded plugs for opening not use by this bracket. Provide a pole that meets or exceeds Pelco Products Inc. SE-3037. Package each whole bracket (all hardware) in a single container or box.

Provide a 2-way 16 and one-half inch CTC aluminum with necessary hardware. There shall be an aluminum treaded plugs for opening not use by this bracket. Provide a pole that meets or exceeds Pelco Products Inc. SE-3089. Package each whole bracket (all hardware) in a single container or box.

Provide a natural aluminum post top that can be securely attached to the pole that is

4 and one-half inch O.D. aluminum schedule 40 pipe. Package each post top (all hardware) in a single container or box.

Provide a 4-holed pole mounted aluminum rectangular housing that is compatible to

Document Description Page 8 https://safety.fhwa.dot.gov/roadway_dept/countermeasures/reduce_crash_severity/listing.cfm?code=signs our standard pedestrian detector (Polara rectangular Bulldog). Provide a natural aluminum painted surface. Package each FSA box (all hardware) in a single container or box. This shall meet UL 514A.

Aluminum hub plate for large pole with 1.5 inch NPS. Pelco Products SE-0357 or approved equal. Package each pole feet in a single container or box.

Aluminum hub plate with 1.5 inch NPS with 1.25 inch NPT conduit hub. There shall be an aluminum treaded plug for the conduit hub. Pelco Products SE-0382 or

Approved equal. Package each pole feet with conduit hub in a single container or box.

Funds from Federal Highway Administration’s (FHWA) Emergency Relief (ER) program may be used to make payment against the resulting contract. The following clauses shall apply:

https://www.fhwa.dot.gov/programadmin/contracts/1273/1273.pdf

Wage Rates (Davis Bacon) do not apply because this contract is for commodities and not services.

Follow the” Buy America” provisions as Required by Title 23 Code of Federal Regulations 635.410. Except as expressly provided herein all manufacturing processes of steel or iron materials including but not limited to structural steel, guardrail materials, corrugated steel, culvert pipe, structural plate, prestressing strands, and steel reinforcing bars shall occur in the United States of America.

including the application of:

Document Description Page 9

Coating

Galvanizing

Painting, and

Other coating that protects or enhances the value of steel or iron products

The following are exempt, unless processed or refined to include substantial amounts of Steel or iron material, and may be used regardless of source in the domestic manufacturing Process for steel or iron material:

Pig iron

Processed, pelletized, and reduced iron ore material, or

Processed alloys

The Contractor shall submit a certification stating that all manufacturing processes Involved with the production of steel or iron materials occurred in the United States.

Produce, mill, fabricate and manufacture in the United States of America all Aluminum components of bridges, tunnels, and large sign support systems, for which Either shop fabrication, shop inspection, or certified mill test reports are required as the Basis of acceptance by the Department.

Use foreign materials only under the following conditions:

When the materials are not permanently incorporated into the project; or

When the delivered cost of such materials used does not exceed 0.1 percent of the total Contract amount or $2,500.00, whichever is greater.

The Contractor shall submit to the engineer the origin and value of any foreign material used.

In accordance with the FY 2019 National Defense Authorization Act (NDAA), 2 CFR

200.216, and 2 CFR 200.471, Federal agencies are prohibited, after August 13, 2020, Document Description Page 10 from obligating or expending financial assistance to obtain certain telecommunications and video surveillance services and equipment from specific producers. As a result of these regulations, contractors and subcontractors are prohibited, on projects with federal funding participation, from providing telecommunication or video surveillance equipment, services, or systems produced by:

Huawei Technologies Company or ZTE Corporation (or any subsidiary or affiliate of such entities)

Hytera Communications Corporation, Hangzhou Hikvision Digital Technology

Company, or Dahua Technology Company (or any subsidiary or affiliate of such entities)

SECTION 7 is expanded by the following new Article:

102.10 Cargo Preference Act – Use of United States-flag vessels.

Pursuant to Title 46CFR Part 381, the Contractor agrees

To utilize privately owned United States-flag commercial vessels to ship at least 50 percent of the gross tonnage (computed separately for dry bulk carriers, dry cargo liners, and tankers) involved, whenever shipping any equipment, material, or commodities pursuant to this contract, to the extent such vessels are available at fair and reasonable rates for United States-flag commercial vessels.

To furnish within 20 days following the date of loading for shipments originating within the United States or within 30 working days following the date of loading for shipments originating outside the United States, a legible copy of a rated, ‘on-board’ commercial ocean bill-of-lading in English for each shipment of cargo described in paragraph 1 of this section to both the Contracting Officer (through the prime contractor in the case of subcontractor bills-of-lading) and to the Division of National

Cargo, Office of Market Development, Maritime Administration, Washington, DC

20590.

Document Description Page 11

The Kentucky Transportation Cabinet Division of Purchases issues this solicitation on behalf of the Division of Traffic Operations to award a master agreement contract for: Pedestal and Bases REBID

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.

The Master Agreement will be for the initial period beginning upon award and expiring June 30, 2022.

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

Document Description Page 12 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.

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

Transportation Cabinet:

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

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.

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.

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

Document Description Page 13 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.

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.

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

Document Description Page 14 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.

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.

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:

Brandon Milby

Division of Purchases

Kentucky Transportation Cabinet

Phone: 502-782-3979

E-mail: Brandon.Milby@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.

Document Description Page 15

Delivery at the earliest possible date is desired.

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.

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.

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;

Document Description Page 16

e. Quantities;

f. Service Dates;

g. Unit prices; and

h. Extended totals.

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.

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.

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.

Document Description Page 17

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.

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.

Contractor certifies that contractor and its employees will not offer or provide gifts to KYTC employees in excess of $25.00 in any single calendar year as defined in KRS

11A.045 (1) and KYTC General Administration and Personnel Policy GAP-808.

Moreover, contractor certifies that contractor and its employees will not offer any ticket to a sporting event to a KYTC employee without being reimbursed the face value amount for said ticket as defined in KRS 11A.045 (2).

It is agreed and understood that non-compliance with the above provisions may result in the suspension of vendor procurement participation, contract termination, Document Description Page 18 and/or debarment.

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.

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.

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

Document Description Page 19

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

Document Description Page 20 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.

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

Document Description Page 21

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

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.

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.

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

Document Description Page 22 during a financial audit or program review shall be subject to the Kentucky Open

Records Act, KRS 61.870 to 61.884.

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.

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.

The Division of Purchases is the only office authorized to change, modify, amend, Document Description Page 23 alter, or clarify the specifications, terms and conditions of this RFB.

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:

Brandon Milby

Division of Purchases

Kentucky Transportation Cabinet

Phone: 502-782-3979

E-mail: Brandon.Milby@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.

The following schedule presents the major activities associated with the RFB

Document Description Page 24 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.

6/11/2021 4:00 PM

Commonwealth’s response to written questions

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

6/15/2021 4:00 PM

Bids due by 1:30 pm

See page 1 for

Closing Date.

Tentative Award Date 7/8/2021

NOTE: All times referenced are Eastern Time Zone

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.

Document Description Page 25 https://emars311.ky.gov

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

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.

https://emars311.ky.gov/webapp/vssprdonline3111d/AltSelfService

***See attached document “

An electronic bid shall be authorized by the proper agent of the firm by the act of submitting it electronically through the eProcurement system.

Document Description Page 26 https://emars311.ky.gov/webapp/vssprdonline3111d/AltSelfService

Bid information be completed online. Response must contain all required information for the Solicitation. All bidders be registered in the Commonwealth eProcurement System via the Vendor Self Service System at https://emars311.ky.gov/webapp/vssprdonline3111d/AltSelfService

Allow 24 – 48 hours to complete Vendor Registration. Vendors must be logged in to their Vendor Self Service (VSS) account in order to submit a response. Registrations completed the day of bid closing must be completed by the Vendor in the VSS portal.

The Customer Resource Center is not able to complete registrations and activate accounts on the same day. Closing dates will not be extended for Vendors not registered by the date/time of the bid closing. Vendor Self Registration Guides are provided at https://finance.ky.gov/services/eprocurement/Pages/doingbusiness.aspx

Online bid responses must be in an “Accepted” status and shall be assigned a date and time stamp from the eProcurement system at the time of final acceptance and formal submission by the vendor.

An offer may be modified or withdrawn by electronic or written notice if received prior to the bid closing date and time. An electronic offer may be modified by applying the appropriate electronic signature and following the procedure in the state’s eProcurement signature.

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

It is the vendor's responsibility to check the web site for any modifications to this solicitation. Electronic Bid submittal is the vendor’s agreement to be bound by the

Document Description Page 27

2100000718 Pedestal and Bases REBID https://emars311.ky.gov/webapp/vssprdonline3111d/AltSelfService https://finance.ky.gov/services/eprocurement/Pages/doingbusiness.aspx mailto:Finance.CRCGroup@ky.gov terms of all addenda issued.

An electronic offer may be modified or withdrawn prior to the bid closing date/time by following the procedures listed in the attachment “

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. You will be taken directly to list of solicitations organized by closing date.

Step 2 - Vendors can search for the solicitation title or number in the keyword search field, or can filter their search by only awarded solicitations by clicking on Advanced

Search and changing the Status to Awarded.

Step 3 - The Award(s) information can be accessed by clicking on the Details button of the solicitation and clicking the Notice of Award tab. To see all bidders’ pricing click on the Public Bid Reading tab. The Public Bid Reading Tab will not be visible until the buyer has finalized the evaluation and an award has been made.

Solicitation or quotation forms that include terms and conditions not in conformity with the terms and conditions of this solicitation or the Statutes of the

Commonwealth of Kentucky may be deemed non-responsive.

The Commonwealth of Kentucky shall not be bound by any part(s) of the bidder’s response to this solicitation that contains information, options, conditions, terms, or prices neither requested nor required in the solicitation. In the event of any conflicts between the specifications, terms and conditions indicated by the Commonwealth and those indicated by the contractor, those of the Commonwealth take precedence.

The contract supersedes all bids or other prior agreements, oral or written, and all other communications between the parties relating to this subject.

Document Description Page 28

This solicitation specifies requested items. It is not the intention of this solicitation to eliminate vendors or manufacturers of similar or equal equipment of the types specified. It should be noted, however, that these requested items are written around specific needs of State agencies. The Commonwealth reserves the right to consider bids non-responsive if they do not comply with the specifications contained herein.

Vendors are cautioned that changes made to the solicitation other than in the designated fields for response shall render the response invalid and result in a non-responsive bid. Otherwise, it will be considered that items offered are in strict compliance with these specifications, and the successful bidder shall be held responsible for delivering materials that meet these specifications. Any exceptions shall be marked as such within the body of the bid and explained on a separate page.

The Commonwealth is not bound to accept any exceptions.

Unless otherwise specified, brands and specifications referenced in this solicitation are meant to establish a minimum standard of quality only. Bidders may bid brands/specifications they consider to be equal by specifying the brand(s)/specifications and inserting the brand name(s), model number(s), etc. on which they are bidding. Bids offering “equal” products/specifications will be considered for award if such products are clearly identified in the bid and are determined by the State to meet or exceed fully the minimum essential specifications and salient characteristics referenced in the Solicitation. Bids that contain products/specifications that fail to meet the minimum essential requirements shall be deemed non-responsive.

Bidders who propose alternate brands/specifications should enclose descriptive literature with their bids so that the equality can be verified. Failure to enclose sufficient literature may result in a non-responsive bid. If the brands are not changed, the contract will be written accordingly and the successful bidder shall be required

Document Description Page 29 to deliver the brands/specifications stated in the solicitation.

Unless otherwise indicated in the bid, it is understood and agreed that any item offered or shipped on this bid shall be new and the latest or current model year and be in first class condition. Any unit failing to meet the foregoing requirements shall be returned to the contractor, at their expense, and replaced with a new unit.

The Commonwealth recognizes rapid advancement of technology. If the bidder can provide new equipment of advanced technology after the award of contract, the

Commonwealth and bidder may choose by mutual agreement to install such equipment. The price of the new technology equipment cannot exceed the cost of the award contract.

Prospective bidders are required to comply with Recycle Requirements for the purchase of goods, supplies, equipment, materials and printing with a minimum recycled content to the extent practicable per 200 KAR 5:330. This regulation can be viewed on the Internet at <http://www.lrc.state.ky.us/kar/200/005/330.htm>.

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.

Document Description Page 30

In accordance with KRS 45A.105, this Solicitation may be canceled at any time and for any reason, or all bids rejected, if it is determined in writing that such action is in the best interest of the Commonwealth. Receipt of an offer by the Commonwealth or submission of a bid to the Commonwealth confers no rights upon the Offeror nor obligates the Commonwealth in any manner. RFB cancellations will be posted to the e-Procurement web site at https://emars311.ky.gov Click Advanced Search, Under

Status Select Cancelled from the dropdown, and click Go.

In accordance with KAR 5:306, the Commonwealth reserves the right to request clarification of bid responses and/or waive minor irregularities in bids providing such action is in the best interest of the Commonwealth.

Where the Commonwealth may waive minor irregularities, such waiver shall in no way modify the RFB requirements or excuse the Offeror from full compliance with the RFB specifications and other requirements if the Offeror is awarded the contract.

In accordance with KRS 45A.340, the contractor represents and warrants, and the

Commonwealth relies upon such representation and warranty, that it presently has no interest and shall not acquire any interest, direct or indirect, which would conflict in any manner or degree with the performance of the contract. The contractor further represents and warrants that in the performance of the contract, no person, including any subcontractor, having any such interest shall be employed.

In accordance with KRS 45A.340 and KRS 11A.040 (4), the contractor agrees that it shall not knowingly allow any official or employee of the Commonwealth who exercises any function or responsibility in the review or approval of the undertaking or carrying out of this contract to voluntarily acquire any ownership interest, direct or indirect, in the company prior to the completion of the contract.

Document Description Page 31

Pursuant to KRS 45A.485, contractors are required to reveal final determinations of violation of certain statutes incurred within the last five years and be in continuous compliance with those…