Final_RFB_605_2400000750_1_SO_FORM.PDF

Document ID: RFB 605 2400000750 Page: 1

Commonwealth of Kentucky

SOLICITATION

Modification: No Version #:

TITLE: Retroreflectivity Data Collection

Date Issued:

06/04/2024 Record Date:

06/04/2024

Solicitation Closes Date:

06/18/2024 Time:

14:00

Solicitation No:

RFB 605 2400000750

Online Bidding Prohibited: No For Information Call:

Tiffany Kiser 502-782-3974

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 2400000750 Page: 2

Line Items

Commodity Group: Default Commodity Group

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

1 Interstate and Parkway Retroreflectivity Data Collection

3900.00000 MI

Comm Code Comm Description Manufacturer Model # Manuf Part #

84549 Pavement Testing and Data Collection Equipment

Extended Description Interstate and Parkway Retroreflectivity Data Collection

2 Conventional Route Retroreflectivity Data Collection

2015.00000 MI

Conventional Route Retroreflectivity Data Collection

3 Mobilization 40.00000 EA

Mobilization

Shipping Information KYTC Project Site

Project Site

N/A KY

Billing Information KYTC Division of Materials

1227 Wilkinson Blvd

Frankfort KY 40601

Document ID: RFB 605 2400000750 Page: 3

Submission Checklist

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

Item Bidder with the lowest price receives the maximum score.

score.

Bidder with the best delivery time receives the maximum points.

NEW – Vendor Self Service website has changed as of March 26, 2023.

The new link is https://vss.ky.gov.

Vendors will continue to use the same login credentials.

Instructions for How to Submit an Online Response are attached to this solicitation and also posted on the website.

ELECTRONIC BID SUBMISSION

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

Link: https://vss.ky.gov

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 MUST be completed online. Response must contain all required information for the Solicitation.

All bidders MUST be registered in the Commonwealth eProcurement System via the Vendor Self Service System at https://vss.ky.gov

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/eProcurement/Pages/doing-business-with-the-commonwealth.aspx

All bidders are cautioned to begin their electronic submission in sufficient time to complete before the closing date and time. Delays due to technical difficulties or document upload impediments shall not be justification for acceptance of a late bid or proposal. Vendor attention to this advisory is encouraged. If you need assistance, please contact the Customer Resource Center (CRC) by email at Finance.CRCGroup@ky.gov or phone 502-564-9641 or toll-free 877-973-HELP (4357).

BID PRICES SUBMITTED ON COMPANY QUOTE FORMS ARE DISCOURAGED. COMPANY TERMS AND

CONDITIONS AND/OR SALES AND USE AGREEMENTS OFTEN CONFLICT WITH STANDARD SOLICITATION

REQUIREMENTS AND MAY RESULT IN REJECTION OF BID OFFER.

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. The system will not allow submission of an online response after the published date and time for closing.

An offer may be modified or withdrawn by electronic or written notice ONLY 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.

PUBLIC BID READINGS

Document Phase Document Description Page 4

2400000750 Final Retroreflectivity Data Collection Total Pages: 33 https://vss.ky.gov https://vss.ky.gov https://vss.ky.gov https://finance.ky.gov/eProcurement/Pages/doing-business-with-the-commonwealth.aspx https://finance.ky.gov/eProcurement/Pages/doing-business-with-the-commonwealth.aspx mailto:Finance.CRCGroup@ky.gov

In-person public bid readings have been discontinued by the KYTC Division of Purchases. We now offer public bid readings via telephone.

Any person wishing to hear a bid reading may call the conference line at 866-830-9434, Participant Code 21327950, at 3:00 pm, Eastern Time on the bid closing date.

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.

_____ BID INFORMATION – COMPLETED (See Section 5.00)

_____ DATA COLLECTION EXPERIENCE (See Section 1.0)

_____ VENDOR EXPERIENCE (See Section 1.0)

All other items MUST be submitted prior to award however, vendors are strongly encouraged to include with bid submission.

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

ENTITY (See Section 2.26)

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

_____ CERTIFICATE OF INSURANCE (See Section 1.02)

_____ TRAINING VERIFICATION (See Section 1.0)

_____ OPERATIONAL MANUAL (See Section 1.0)

_____ SAMPLE OF DATA FORMAT (See Section 1.0)

_____ QUALITY CONTROL PLAN (See Section 1.0)

_____ DESCRIPTION OF ALL VEHICLES (See Section 1.0)

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: : https://finance.ky.gov/office-of-the-secretary/office-of-policy-and-audit/Pages/Finance-Policies.aspx scroll down to Procurement Services- Procurement , double click on the file named FAP 110-10-00 General Conditions and Instructions for Solicitations and Contracts or request a copy by contacting the KYTC Division of Purchases buyer named in Section 3.01. Every person submitting a bid to the Commonwealth shall be deemed to have assented to these conditions by the act of bidding.

Section 1 - Scope of Work - Service

1.00 - Specifications of Service Requirements

Document Phase Document Description Page 5

2400000750 Final Retroreflectivity Data Collection Total Pages: 33 https://finance.ky.gov/office-of-the-secretary/office-of-policy-and-audit/Pages/Finance-Policies.aspx

The scope of this contract is to collect and report continuous retroreflectivity readings taken in accordance with the Commonwealth of Kentucky, Transportation Cabinet, Department of Highways' Standard Specifications for Road and Bridge Construction, latest Edition, applicable Special Provisions, Kentucky Methods, general notes and specifications included in this proposal with a 30 M geometry, mobile retroreflectometer on interstates, parkways, ramps and other state-maintained roadways in the Commonwealth of Kentucky.

A link to the Standard Specifications can be found at:

http://transportation.ky.gov/Construction/Pages/Kentucky-Standard-Specifications.aspx

The Division of Materials will provide the vendor with Delivery Orders identifying locations to be measured.

Delivery Orders will be provided in a timely fashion to allow a minimum of 14 calendar days for data collection.

Data collection for each line item identified in a Delivery Order shall be performed in accordance with Kentucky Method (KM) 203.

http://transportation.ky.gov/Materials/Documents/KM203_12.pdf

The majority of the readings taken under this contract will be between June and October. These months should be reserved and the vendor should be prepared to spend significant amounts of time taking readings during these months.

Readings may be requested at times other than these months, upon issuance of a Delivery Order by the Division of Materials. The unit of measure for mobilization shall be each. The department will pay for mobilization as one (each) per Delivery Order.

The unit of measure for retroreflectivity data shall be line-miles of striping read. Pay items for retroreflectivity data will be made under two categories, defined by type of roadway, fully controlled access (i.e. Interstates and Parkways) and conventional routes. Payment will be based on line miles read for individual continuous stripes on the roadway, except double-lines that are spaced close enough to be read in a single pass of the data collection vehicle will be considered as a single line. Dashed stripes will be paid the same as continuous stripes for this contract.

Traffic Control

Maintain traffic in accordance with the Manual on Uniform Traffic Control Devices (MUTCD), the Standard Specifications for Road and Bridge Construction, and the Standard Drawings, current editions. Traffic control will not be measured for payment but will be incidental to other items of work in this contract.

Document Phase Document Description Page 6 http://transportation.ky.gov/Construction/Pages/Kentucky-Standard-Specifications.aspx http://transportation.ky.gov/Materials/Documents/KM203_12.pdf

A link to the Manual on Uniform Traffic Control Devices can be found at: http://mutcd.fhwa.dot.gov/

Location

Evaluate routes as specified in the Delivery Orders provided by the Department.

Weather and Pavement Conditions

Data shall be collected when pavement and markings are dry and atmospheric conditions are within the retroreflectometer manufacturer's stated tolerances. Fog and condensation of morning dew will not be considered as acceptable weather conditions.

Daylight Conditions

Collect data only during daylight hours of each working days. A working day shall be defined as any calendar day, or portion thereof, where the requirements for Weather and Pavement Conditions are met. On days that work is performed, operate the vehicle as described under the Data Collection and Reporting section.

Data Collection Vehicle

The vehicle selected for this contract will be capable of:

Obtaining continuous retroreflectivity measurement using 30 M geometry mobile retroreflectometer.

Obtaining data, which shall be plotted in graph form, showing the average retroreflectivity of each individual line at 528'(1/10 of a miles) intervals

Being contained in one driving lane

Operating at highway free flow speeds, without interfering with normal traffic flow

Creating a video log with data overlay to be made available on both DVD and a secure internet site for a period of no less than five years

Calibration

Calibrate the data collection instruments and the data collection vehicle in accordance with the operating manual and calibration guide for the retroreflectometers and vehicle. Calibrate the retroreflectometers no less than twice per day.

Log all calibrations and times performed. Provide daily calibration logs with reports for each Delivery Order.

Schedule and conduct monthly quality assurance verifications for any vehicle and handheld retroreflectometer that will perform testing or verify test data collected under this contract. Schedule quality assurance verifications with the Division of Materials a minimum of five (5) business days in advance. Quality assurance verifications will be conducted during normal business hours at a centrally located site selected by the Division of Materials. Successful quality assurance verifications shall be completed prior to data collection each calendar month in which data is to be collected. Handheld retroreflectometers will be calibrated on site in the presence of the Department. The Department and the vendor will conduct joint evaluations of both yellow and white longitudinal markings within

Document Phase Document Description Page 7 http://mutcd.fhwa.dot.gov/ the test site using approved LTL-X handheld retroreflectometers and the mobile retroreflectometer. The verification will be deemed successful for each marking evaluated within the test site if (1) the mean averages between the approved vendor's mobile retroreflectometer and handheld retroreflectometer meet field verification requirements as outlined in the approved vendor's quality control plan; and (2) the mean average obtained by the approved vendor's mobile retroreflectometer differs by less than 10% to the mean average obtained by the Department's handheld retroreflectometer.

Data Collection and Reporting

The vendor shall notify the Division of Materials 3 calendar days prior to beginning data collection and 3 calendar days after completing data collection. The vendor shall provide the Division of Materials with a contact person and telephone number.

Encode the data as detailed in Section A of the Excel spreadsheet requirements listed below.

Differentiate between the types of retroreflective material on the roadway, i.e., paint, thermoplastic, tape, or any other reflective medium.

Assess the appearance of the line (i.e., over spray, tracking, proper retracing, debris, etc.). Note lines that do not have a good appearance on the data summary sheet.

Prior to award the vendor will provide the Department with a sample format of data reporting illustrating compliance to the requirements of this contract. The Department will review the data reporting format for acceptance.

Provide Data on Excel spreadsheets including:

Application Date

District

County

Route

Direction

Line type(i.e. right edgeline, left edgeline, centerline, skip line, gore marking) and line color

Retroreflectivity parameters

File name corresponding to CID (contract identification number)

Number of 528' intervals

Intervals passing minimum retroreflectivity as defined by KM203

Document Phase Document Description Page 8

Intervals failing as defined by KM203

Percentage of passing intervals as defined by KM203

Percentage of failing intervals as defined by KM203

Average reading taken at each interval as defined by KM203

Measurement Date

Graphical representation of 528' interval averages

GPS longitude and latitude coordinates corresponding to the beginning of each interval

Ambient air temperature and percent relative humidity recorded at the beginning of each interval

Include in the summary spreadsheet:

District

County

Route

Direction

Line type (i.e. right edgeline, left edgeline, centerline, skip line, gore marking) and line color

Starting mile point

Ending mile point

Total line miles

Total lane miles

Measurement date

Average RL

Number of total 528' intervals per section as defined by KM 203

Number of passing intervals per section as defined by KM203

Percent of passing intervals per section as defined by KM203

Number of failing intervals per section as defined by KM203

Percent of failing intervals per section as defined by KM203

Application date

Truck name/number and driver name

File name corresponding to CID (contract identification number)

Document Phase Document Description Page 9

Videos on a Password Protected Accessible Internet Website

DVD

Labeled with date and file name corresponding to CID (contract identification number)

District

County

Route

Data overlaid on the video shall include the following information

Application date

Measurement date

File name corresponding to CID (contract identification number)

Starting mileage

Ending mileage

Total miles

Calibration factors

Retroreflectivity average

Start time and end time of the video in minutes and seconds

Upper and lower validation threshold

Upload electronic submissions, to include individual summary sheets and videos, and submit electronic reports per CID to the Division of Materials and applicable Highway Districts within 14 calendar days of completion of data collection for each Delivery Order. Submit electronic reports as a single submission per Delivery Order. The Department will notify the vendor if any files are unreadable so that the vendor will either send another file or collect data on these routes again. Retain a copy of each data file for a period of five years.

Submit a final electronic report within 14 calendar days of completion of data collection for the calendar year containing a summary of all days of data collection for each Contract Identification Number (CID). The final report shall consist of an Excel workbook containing individual spreadsheets per CID. Each spreadsheet shall report a summary of: the total number of 1/10 mile intervals measured per color per line type ; number and percentage of passing intervals per color per line type; minimum, maximum, and average retroreflectivity value per color per line type; minimum, maximum, and average ambient conditions; and a comment section listing any problems that were encountered while taking readings, any locations that were unable to be read and any other information pertinent to this log of data being collected.

Document Phase Document Description Page 10

The vendor must demonstrate sufficient data collection equipment, resources and expertise with the equipment to meet the project schedule and scope of services. Vendor will have at least 10 years of mobile retroreflectivity data collection experience with at least 100,000 cumulative miles collected.

Documentation must be presented at the time of bid.

The mobile retroreflectometer attached to the vendor's vehicle must be capable of sweeping the line every 4 feet;

taking approximately 200 data points in a sweep; identifying the highest retroreflectivity data point in a sweep and averaging the five (5) data points on either side; excluding data points below a minimum threshold of 50 millicandelas per square meter per lux and above 800 millicandelas per square meter per lux.

The vendor must have an approved LTL-X handheld retroreflectometer for quality assurance verifications and daily on-site verifications during data collection. The handheld retroreflectometer must be calibrated annually by the retroreflectometer manufacturer and documentation shall be made available to the Department. The handheld retroreflectometer must be capable of storing, retrieving and printing data results. Any software needed to access or download data in the field from the vendor's handheld retroreflectometer must be made available to the Department.

Use a windows-based GPS enabled 30 M geometry mobile retroreflectometer system with a traceable, repeatable calibration source to collect data as described in other sections of this document. Use Agency approved 30 M geometry handheld retroreflectometer as part of the calibration procedure of the mobile retroreflectometer as needed. The vendor shall have a written training procedure manual for all vendor operators and staff involved with this contract. The vendor shall provide documentation to the agency prior to award that all vendor personnel involved with this contract has completed the training.

The GPS system should be accurate to within 15 meters and record coordinates a minimum of 4 times within a 1/10 mile interval beginning at the start of the interval and continuing to record coordinates every 132 feet. Records of the GPS should be made available on a secure website accessible to the Department for a period of no less than five years.

The vendor must have a minimum of five (5) vehicles capable of meeting the equipment requirements as listed in this agreement.

Collection and Report Penalties

All retroreflectivity data shall be collected and reported in conformance with the requirements of this contract.

The Department will deduct $100 per day per Delivery Order, from payments due the vendor, when 1) data is not collected in accordance with KM 203 and/or 2) acceptable reports are not received within the time frame specified in this contract.

Document Phase Document Description Page 11

Note: Payment will be held until all electronic submissions have been uploaded to the password protected accessible internet website and are viewable and verifiable by the Division of Maintenance, Division of Material and the applicable Highway District.

Documentation to be provided prior to award

Description of all equipment, including, but not limited to the following items:

Vehicle license and VIN numbers for a minimum of five (5) operable mobile retroreflectometers meeting the equipment requirements as outlined elsewhere in this contract and owned by the vendor. Please enter the information below.

VIN and license: _______________________________________

Make and model of all retroreflectometers that will be used on the vehicles listed and documented above. Please enter the information below.

Make and Model: ______________________________________

Make and model of GPS hardware and a description of Windows based software for the GPS system. Please enter the information below.

Make and Model: _____________________________________

Document Phase Document Description Page 12

Make and model of all handheld retroreflectometers that will be used in field verifications

Description of the operation of the vehicle and mobile retroreflectometer as a system, including frequency of sweeps in a tenth mile interval, high and low retroreflectivity thresholds, determination of reported data points in a single sweep

Submit Manufacturer's operational manual for use of laser pointer to be used during this contract.

Documentation of vendor's experience, including cumulative miles of data collected.

___________cumulative miles of data collected. Please provide 3 references to verify the experience.

Quality Control Plan including the following key elements

Name of all qualified inspectors who have successfully passed the qualified pavement markings course administered by KYTC Division of Materials that will collect data in the Commonwealth

Kentucky Training Manual detailing qualification process for all inspectors

Description of vendor's process for calibration of retroreflectometer instruments

Description of vendor's process for assessing pavement and atmospheric conditions

Sample format of data reporting illustrating compliance to the requirements of this contract.

Vendor shall be required to sign a statement that all data collected under this contract shall be the property of the Department of Highways of the Commonwealth of Kentucky and shall not be distributed to any other entity without the prior written consent of the Department.

Document Phase Document Description Page 13

Invoices shall be turned into the Department within thirty (30) days after data has been submitted to the Department.

1.02– Insurance Requirements

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

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

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

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

A. The certificate holder listed as:

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

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

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

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

The successful bidder shall provide an up-to-date copy of the certificate upon renewal of the policy. Failure to do so shall result in cancellation of the contract.

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

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

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

Section 2 - Terms and Conditions of the Contract

2.00 – Scope of the Contract

The Kentucky Transportation Cabinet Division of Purchases issues this solicitation on behalf of the Division of Materials to award a master agreement contract for: Retroreflectivity Data Collection

2.01 - Contract Components and Order of Precedence

Document Phase Document Description Page 14

2400000750 Final Retroreflectivity Data Collection Total Pages: 33 http://insurance.ky.gov/company http://www.ambest.com

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 beginning upon award and expiring ____6/30/25____.

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 Materials, Division of Maintenance, D1-D12

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

Document Phase Document Description Page 15 effective date, and shall provide firm proof that the price increase(s) is justified. The KYTC Division of Purchases may request additional information or justification. If the price increase is denied, the contract holder may withdraw from the contract without prejudice upon written notice and approval by the KYTC Division of Purchases. Notice of withdrawal must be provided a minimum of forty-five (45) days prior to the effective date however the vendor must continue service at the contract prices until a new contract can be established (usually within sixty (60) days).

B. Price Decreases: The contract price shall be reduced to reflect any industry wide price decreases. The contract holder is required to furnish the KYTC Division of Purchases with notice of any price decreases as soon as such decreases are available.

C. Extended Contract Periods: If the contract provides for an optional renewal period, a price adjustment may be granted at the time the contract is renewed, subject to price increase justification as required “A. Price Increases”.

One (1) additional price increase may be granted during the extended contract period. This price increase will not be allowed during the first six (6) months of the extended contract period and will be subject to the conditions in “A” above.

2.08 - Addition or Deletion of Items or Services

The KYTC Division of Purchases reserves the right to add new and similar items, with the consent of the vendor, to the contract. If an addition is agreeable to both parties, the KYTC Division of Purchases will issue a Modification.

Until such time as the vendor receives a Modification, the vendor shall not accept Delivery Orders from any agency referencing such items or services.

2.09 - Changes and Modifications to the Contract

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

2.10 - Reduction in Contract Worker Hours/Employee Furlough

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

2.11 - Basis of Shipment

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

2.12 Delivery Orders for Services

No services are authorized until an official Delivery Order has been fully processed by an authorized agency or payment has been made via Pro-Card.

Document Phase Document Description Page 16

Penalties assessed for delays in response or completion time will be calculated based on the date of the Delivery Order and the response/completion time stated in Section 2.13

Payment shall be made against the actual quantities of work performed. The Delivery Order shall be modified to adjust quantities if needed.

Any work assigned prior to contract expiration will be considered cancelled if the work has not been initiated at the time of expiration. There will be no claim for damages allowed by reason of cancellation thereof.

If additional time is needed to complete assigned work, please send a request to the Division of Purchases two weeks prior to expiration date. Per Section 2.28, this extension shall not exceed ninety (90) days.

2.13 - 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:

Tiffany Kiser

Division of Purchases

Kentucky Transportation Cabinet

Phone: 502-564-4630

E-mail: Tiffany.Kiser@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.

2.14 – Response

Response at the earliest possible date is desired.

The Vendor agrees that when delivery is not made within the contracted due date, $1,000.00 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.

2.15#Collection and Report Penalties

Document Phase Document Description Page 17

All retroreflectivity data shall be collected and reported in conformance with the requirements of this contract.

The Department will deduct $100 per day per Delivery Order, from payments due the vendor, when 1) data is not collected in accordance with KM 203 and/or 2) acceptable reports are not received within the time frame specified in this contract.

2.16 - 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.

2.17- 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;

b. Item numbers;

c. Description of supplies or services;

d. Sizes;

e. Quantities;

f. Service Dates;

g. Unit prices; and

h. Extended totals.

2.18 - 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.

2.19 - 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.

2.20 - 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.

2.21-Subcontracts

Document Phase Document Description Page 18

The contractor is permitted to make subcontract(s) with any other party for furnishing any of the work or services herein. The contractor shall be solely responsible for performance of the entire contract whether or not subcontractors are used. The Commonwealth shall not be involved in the relationship between the prime contractor and the subcontractor. Any issues that arise as a result of this relationship shall be resolved by the prime contractor.

All references to the contractor shall be construed to encompass both the contractor and any subcontractors of the contractor.

The vendor shall notify the Commonwealth of any planned use of subcontractors in regards to the resulting contract.

If the KYTC Division of Purchases is provided evidence of the vendor making such an arrangement without submitting the proper information prior to use of the subcontractor, the contract may be cancelled immediately.

All payments will be made directly to the contracted vendor. It is the vendor’s responsibility to make payment to the subcontract. Payments shall not be made to the subcontractor by the Commonwealth. Subcontractors having nonpayment issues that could not be resolved with the Vendor, should report in detail these incidents to the buyer of record for this solicitation.

The Vendor shall ensure that all contractors or subcontractors comply with all applicable Federal, State, and Local laws, regulation, mandates, and terms of this solicitation and resulting contract.

2.22 - 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.

2.23 - 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.

2.24 – Ethics Compliance

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, and/or debarment.

Document Phase Document Description Page 19

2.25 - Termination of Contracts

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

2.26 - 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.

2.27 - 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://onestop.ky.gov/Pages/default.aspx

2.28 - 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

Document Phase Document Description Page 20 https://onestop.ky.gov/Pages/default.aspx any subcontract or purchase order as the administering agency may direct as a means of enforcing such provisions, including sanctions for noncompliance.

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

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

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

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

2.29 - 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.

2.30 - 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

2.31 – 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.

2.32 - 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.

Document Phase Document Description Page 21

2.33 - 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…