Final_RFB_605_2500000211_1_SO_FORM.PDF

Document ID: RFB 605 2500000211 Page: 1

Commonwealth of Kentucky

SOLICITATION

Modification: No Version #:

TITLE: Locked wheel Roadway Friction Tester

Date Issued:

10/21/2024 Record Date:

10/21/2024

Solicitation Closes Date:

11/06/2024 Time:

13:30

Solicitation No:

RFB 605 2500000211

Online Bidding Prohibited: No For Information Call:

LANESSIA MCCOURT

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 2500000211 Page: 2

Line Items

Commodity Group: Default Commodity Group

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

1 Locked wheel Roadway Friction Tester 1.00000 EA

Comm Code Comm Description Manufacturer Model # Manuf Part #

07315 Trailers, Specialty, Frame, Tag-Along

Extended Description ***ONLY ONLINE BIDS WILL BE ACCEPTED FOR THIS RFB.*** Emailed and hard copies delivered by any method WILL NOT BE ACCEPTED.

See attached document How to Submit an Online Response March 2023.pdf .

Please enter contact person, phone number and email in the Comments Section.

Vendors should review and update, if necessary, all addresses and contact persons for their account prior to bid submission. This information will carry forward to a contract if awarded, therefore please ensure all information is correct.

KYTC Division of Materials is requesting to solicit for a one time contract for purchasing a new Roadway Friction Test Trailer and equipping a new tow vehicle capable of measuring frictional characteristics of traveled surfaces in accordance with ASTM E274 (Standard Test Method for Skid Resistance of Paved Surfaces Using a Full-Scale Tire).

Shipping Information KYTC Division of Materials

1227 Wilkinson Blvd

Frankfort KY 40601

Billing Information KYTC Division of Materials

1227 Wilkinson Blvd

Frankfort KY 40601

Document ID: RFB 605 2500000211 Page: 3

Submission Checklist

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

Item Bidder with the lowest price receives maximum score.

Bidder with the lowest delivery time receives maximum score.

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

Any person wishing to hear a bid reading may call our 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)

Document Phase Document Description Page 4

2500000211 Final Locked wheel Roadway Friction Tester Total Pages: 31 https://vss.ky.gov https://vss.ky.gov https://emars311.ky.gov/webapp/vssprdonline3111d/AltSelfService 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

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 2.13)

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

_____ EQUIPMENT SPECIFICATION/PRODUCT LITERATURE

PLEASE READ THIS SOLICITATION AND ITS INSTRUCTIONS IN ITS ENTIRETY.

This is a Request for Bid (RFB).

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

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

Vendors should review and comply with the general bidding requirements listed under “Procurement Laws, Preference, Regulations and Policies” and “Response to Solicitation” located on the eProcurement Web page at https://finance.ky.gov/eProcurement/Pages/procurement-laws-regulations-and-policies.aspx and https://finance.ky.gov/eProcurement/Pages/doing-business-with-the-commonwealth.aspx respectively. The vendor must comply with all applicable statutes, regulations and policies related to this procurement.

Section 1 - Specifications – Commodity

The Kentucky Transportation Cabinet Division of Purchases issues this solicitation on behalf of the Division of Materials to award a one- time contract for: Locked wheel Roadway Friction Tester

1.0 - Specifications of Commodity

ITEM 1: ROADWAY SKID TEST UNIT (1 each)

GENERAL: It is the intent of these specifications to describe the requirements for purchasing a new Roadway Friction Test Trailer and equipping a new tow vehicle capable of measuring frictional characteristics of traveled surfaces in accordance with ASTM E274 (Standard Test Method for Skid Resistance of Paved Surfaces Using a Full- Scale Tire). The complete system shall consist of, but not limited to the following: new tow vehicle (provided and shipped by KYTC), new dual sided locked wheel trailer, water tank and hitch, operating system including hardware, data collection and processing systems.

SYSTEM REQUIREMENTS: The system measures the coefficient of friction of paved surfaces using a specially equipped pickup truck and a specially equipped towed two wheel trailer. The trailer comes equipped with a standard test tire that shall be pulled over a paved surface by the tow vehicle at a constant speed while a nozzle dispenses water in front of the test tire to simulate wet conditions. The wheels of the trailer shall be coupled by disc brake assembly to a calibrated force transducer that shall measure the vertical and horizontal forces developed between the tire and

Document Phase Document Description Page 5

2500000211 Final Locked wheel Roadway Friction Tester Total Pages: 31 https://finance.ky.gov/eProcurement/Pages/procurement-laws-regulations-and-policies.aspx surface when conducting the friction test. The components in the trailer shall be controlled by the computer system electronics in the tow vehicle via switches located on the operator’s control console. The truck and trailer must utilize several subsystems working under computer control to perform the requirements of ASTM E274. The system must be capable of measuring friction, measuring pavement texture with 32kHZ laser and DGPS hemisphere (sub-meter accuracy) characteristics at speeds of 20 to 70 MPH. Additionally, the system must be designed to meet requirements for safety and comply with all applicable State and Federal laws.

FRICTION SYSTEM MODIFICATIONS:

TOW VEHICLE: The Kentucky Transportation Cabinet will provide a new one-ton pickup, 2WD, Diesel with 8’ pickup bed as the tow vehicle. It is the vendor’s responsibility to ensure that the components are properly and safely installed in the tow vehicle and the factory warranty is not compromised.

TOW VEHICLE UPGRADE:

1. Truck shall be provided with a new air compressor system and shall include, but not limited to the following;

a. New pumps, storage tanks, air handler, quick disconnects, and dryers.

b. The air delivery and air storage system shall consist of an air compressor mounted in the bed of the tow vehicle, air storage tanks under the truck bed and air delivery lines from the tow-vehicle to the trailer.

c. The system should have appropriate filters and dryers in the supply airline.

2. Unit shall be up fitted with new water tank, water pumps, pulleys, brackets, quick disconnects, and hose connections as it relates to the system.

a. A speed controlled positive displacement pump should be used to apply the proper thickness of water from the trailer via nozzle to the pavement surface, over the specified range of vehicle testing speeds.

b. Water flow rate shall conform to ASTM E274 specifications.

3. Provide power inverter from 12 volt DC to 120 volt AC capable of powering all AC onboard equipment.

4. Supply water level indicator that has a read-out in gallons that is visible to vehicle operator (in-cab).

5. Supply handheld event code board for operator input during testing.

6. Spare tire mount under vehicle is acceptable. Must come equipped with a new tow vehicle full size replacement tire.

7. Provide a location for a toolbox in the rear of the tow vehicle similar to existing friction tow vehicle. The determined location should maximize water storage capacity and be easily accessible to the operator.

8. New black and white laser jet printer, mounted for easy access and safe operation of vehicle. Two (2) additional printer cartridges shall be provided as spares.

9. One-piece high topper fiberglass or equivalent lockable truck bed cover. The bed cover should be white in color and come with lock and keys.

10. Ambient temperature sensor integrated with the data collection system.

11. Digital dash display for speed and distance (with sunshade if necessary for visibility) adjacent to gauges on dash board for accurate test speed and distance monitoring.

12. Photocell detector to automatically trigger and linear reference the starting point of a test.

Document Phase Document Description Page 6

13. A Warning light powered from the standard vehicle battery shall be mounted on the truck cab roof, which shall be turned on via the control panel. The LED warning bar shall be equal to a Rontan A733-254-E-33WL-BTT with both amber and white modules. In addition to the LED warning bar two hide away LED lights shall be mounted in the tow-vehicle’s rear, white lenses and two additional white LED’s shall be mounted in the front grill.

CONTROL SYSTEM & INSTRUMENTATION:

The cab of the truck (tow vehicle) must be modified to accommodate electronic instrumentation and system control equipment, including a permanently mounted computer system with features such as wireless access. The new system control panel and instrumentation must be located to the right of the operator and made easily accessible to both the operator/driver. The control panel shall house components including relays, switches, cables, etc., which must provide the most basic power up control. The balance of the control shall be provided by the computer system. Final layout of truck system will need to be approved by a Department representative within thirty (30) days of the initial contract.

The Computer/Electronics System shall be equivalent to International Cybernetics Mobile Data Recording (MDR) System model MDR4040. The computer system shall be mounted in the tow vehicle cab while the analog to digital conversion electronics shall be mounted in a protective enclosure in the trailer. All signals from sensing devices in the skid trailer shall be converted into digital signals in the trailer and sent to the recording electronics in the vehicle cab.

The trailer mounted digital conversion shall eliminate any potential signal loss or device error due to wiring harness length. All real- time verification activities shall be coordinated by the Data Acquisition Subsystem (DAS) contained in the trailer. The DAS shall provide the interface between the processing unit and all other functions (including those on the trailer) controlled by the MDR. Signals shall be cabled to conditioning modules located in the test trailer and control panel. The trailer electronics shall pass signals to the computer I/O modules.

The following shall be provided by the DAS subsystem:

1. Interface and control routines in Main Program

2. IBM-PC compatible plug-in module(s) with

a. 12 Bit 8 Channel A/D Converter

b. DMA interface with host

c. Counter-Timers for A/D Conversion and event timing

d. 8 Digital I&O for Control Panel Interface

e. One Event Board interface

f. Two Distance Pulse Generator Interface

3. Analog Conditioning Interface with channels for

a. Two Traction inputs

b. Two Load inputs

c. One internal event state signal for Test Verification

4. Output to control brakes, water, and signal selection

5. System power control

Document Phase Document Description Page 7

6. Power: +5VDC, +12VDC, -12VDC supplied by Processing Unit

The computer shall be an IBM-PC AT compatible system that is industrial grade utilizing a full sized ISA backplane

- microprocessor based design using a single, plug-in industrial hardened processor board. The computer system and software must use a Windows operating system. The industrial processor board must have at a minimum a core 2 quad core processor (2.6 GHz), wide screen monitor, 4.0 GB of RAM, wireless card, 500 GB or larger hard drive, and two USB connections with 8GB Flash Drives. The computer system shall have latest version of Microsoft office installed. Computer, software and components shall be provided as equivalent or better than listed.

1. The locked wheel friction system must be able to sample and report at a minimum 500 samples per second during a three (3) second lockup. An example would be collecting friction data in unfiltered mode for a crosswalk test.

The system must have the following switches and indicators for the operator to use on the control panel.

2. DC Power Switch - Turns on the power to the computer system and electronic power supplies.

3. Air Pump Power Switch - Applies DC power to the air compressor and DC components in the truck and trailer and must be on to maintain air in reservoir for brake application for both manual and computer operations.

4. Air on Light - indicates air compressor is running.

5. External Cycle Start - Automatic cycle may be initiated by depressing push button.

6. Remote Cycle Start - External jack cord with hand held push button must be plugged in to allow cycle start.

Provide mount near steering wheel or equivalent to allow operator to push the button while keeping both hands on steering wheel.

7. External Cycle Stop Push-Button - Actuation shall stop the automatic cycle when desired

8. Transfer beacon and flashers On/Off - turns on truck strobe and trailer signal lamps

9. Transfer strobes On/Off - turns on truck and trailer mounted strobe system

10. Jacks Power - Supply power so trailer jacks may be used

11. Brake Select - Arms the circuit for applying the left or right trailer brake during manual operation when computer is off (during brake bleeding)

12. Brake on - Manually applies the selected wheel brake during manual operation when computer is off.

13. Provide three (3) individual, (8) GB minimum, portable USB jump drives.

14. A new onboard viewing monitor should be able to display real-time data of the milepost, friction number, friction standard deviation, and vehicle speed viewable on computer monitor for every test.

15. The system must maintain a file which can be used to save calibration data, ID’s for the vehicle, operator, date and time, test location, etc., and information about the MDR files on a hard drive. The system must display the ID’s to the operator at start-up and/or by operator selection and shall save new entries in the file.

16. The upgraded system must contain provisions to accept variables similar to those listed below from the operator prior to testing of a roadway section. The software will ensure the operator enters all required variables. The variable data must be saved along with the test data for further post processing.

Document Phase Document Description Page 8

Abbreviations: A = alphabetic N = numeric

Example Variable Length Type

a. Calendar Date 8 A/N 08/06/96

b. County-Section Number 5 N 26260

c. FIN Number 11 A/N 41125015201

d. Sub-section 4 N 0001

e. State Road No. 5 N 26A

f. Begin Milepost 6 N 00.000

g. End Milepost 6 N 99.999

h. Direction 5 A North

i. Lane Tested 7 A/N Passing/3

j. Number Lanes 2 N 04

k. Request Type 1 N 5

l. Surface Type 4 A/N FC-2

m. Operator’s Initials 3 A RAD

n. Unit Number 1 N 3

o. Day/Night 5 A Night

p. Weather 6 A Cloudy

q. Air Temperature 3 N 095

r. Milepost Count 1 A U=Up, D=Down

s. Data File Name (As required)

t. Calibration Factors (As required)

17. The friction test control setup must receive, display, store and record basic information to control the automatic friction test cycle entered by the operator. As a minimum, the test cycle must comply with Section 8, ASTM E274. Additionally, the operator shall be able to do the following:

a. Set amount of time the water is on before brake lock-up.

b. Set amount of time after brake is locked until data averaging starts.

c. Set amount of time data averaging shall be performed.

d. Set the amount of time data averaging stops until the brake is unlocked.

e. Set the amount of time after the brake is unlocked until water is shut off

Additionally provisions for the operator to automate the test cycle will be provided. The operator shall be able to conduct a dry test with the rest of the cycle constant. It is imperative the operator be able to review and modify these settings as necessary.

18. Instrumentation that is exposed to the elements (inside and outside the vehicle) must be suitable and operable in the temperature range of 34 to 120 degrees F.

19. The exposed portions of the system must tolerate 100% humidity as well as rain or spray and all other adverse conditions such as dust, shock, and vibrations that may be normally encountered.

SOFTWARE & CAPABILITIES:

Document Phase Document Description Page 9

1. The system software must be “unit-less”. The system must be able to collect in Standard or Metric units and still be able to report in either unit of measurement. If the operator collects in one unit of measurement such as Standard, the software must be able to still report data in Metric or Standard units. The software shall not be locked into one unit of measurement.

2. The software must allow the operator to perform distance sensor calibration and use a calculated factor to perform operational distance measurements. The software must also allow the operator to save the calculated factor or change the calibration factor to other than the calculated value. The operator must only need to enter the distance traveled in feet, kilometers or miles and not make any calculations to determine the calibration factor.

3. The software must allow the operator to perform periodic calibrations as outlined in ASTM E556/ Standard

Test Method for Calibrating a Wheel Force or Torque Transducer Using a Calibration Platform. Calibration factors determined by this method shall be recorded/stored for use in preparation prior to testing. Balance and gain adjustments may be set by the computer after the operator selects the calibration mode. Provisions must be made for the operator to make adjustments during calibration if necessary.

4. The operational system software must provide all necessary functions for the operator to conduct friction test as outlined in pertinent specifications. The software must determine the average and peak value during the test cycle. The software must save test data and other features generated by the data acquisition during testing and create output files after actions by the operator (review and save).

5. Friction system software must activate the test cycle (either manual or automatic) using the timing and control parameters stored in the control setup mode. The software must monitor the signal to verify the test was performed properly.

6. Friction system software shall receive, display, store, and print with each test corresponding milepost, test speed, water flow and Differentially corrected GPS location. During testing the speed must be displayed on the dash mounted digital display.

7. The software must receive, display, store and print pertinent and physical data relating to test site (key entry) observed during the testing of a roadway, such as referencing event codes. The corresponding milepost must be stored at time of key entry.

8. The system must be capable of calculating, storing and displaying peak and average friction value obtained from signals (load and traction).

9. The friction system must be able to monitor the following control parameters during normal operations or calibration with on-screen or panel functions:

a. Water level and flow rate

b. Air Compressor status

c. Ambient air temperature

d. Highway milepost location

e. Average vehicle speed during test

f. Average friction number and standard deviation

g. Horizontal force

h. Vertical load

i. Calibration Gains

j. DGPS locations

k. Profile measurement data

TRAILER REQUIREMENTS:

The trailer must meet the requirements of ASTM E274 which consists of the tubular steel frame construction, coil springs, air shocks, water nozzle and entire braking system unless individual trailer components are found defective and, in that case, should be replaced entirely. The trailer must be inspected ensuring the heavy-duty construction

Document Phase Document Description Page 10 is durable and must be legally and structurally capable of transporting the complete friction system on highways at highway speeds. The complete locked wheel trailer must distribute the tongue weight and axle weight over the frame in such a manner as to insure proper towing characteristics, structural integrity, and without the trailer experiencing failure or permanent bending in the trailer frame or any component of the unit. The following at a minimum are the trailer items needed:

1. The exterior (color) of the test trailer shall match the exterior of the tow vehicle. Trailer shall have a Kevlar based finish applied to areas that are prone to chipping. The finish must be under warranty for a minimum of three (3) years for chipping, peeling, or distress.

2. New trailer jacks (electric) will be mounted on the trailer (rear) to facilitate tire changing operations.

3. New wheel rotors and digital speed pulse sensors must be located on each spindle assembly of the trailer to measure wheel speed from the trailer tires. The speed resolution and accuracy shall be + 1.5% of the indicated speed or + 0.5 mph, whichever is greater.

4. The trailer shall have a new transducer installed on the left test wheel (driver’s side).

5. Three (3) new ASTM E501 ribbed test tires will need to be mounted on three (3) new steel rims recommended by ASTM E274. Two wheels will be placed on the trailer axle and one wheel will be placed as a spare inside the tow vehicle.

6. New sealed wheel bearings for both sides of the trailer axle. The spindle assemblies shall include a 5 year warranty with no limitation on mileage.

7. Provide high intensity strobe lights near rear tail lights of trailer bumper which do not affect the operation of the test system.

8. Include rear signage to match the existing system. The signage shall be reflective and have night visibility.

9. New wiring harness must be provided for connecting the trailer lighting to the lighting system of the towing vehicle. The tail lamps, license-plate lamp(s), clearance lamps and side marker lamps shall be so wired as to be lighted whenever the headlamps or auxiliary driving lamps of the towing vehicle are lighted. Wires shall be color coded or otherwise identified and of sufficient length to be compatible with the receptacle on the towing vehicle. A sealed splice-free modular wiring harness is acceptable. Rubber grommets shall be used wherever wire or harness pass through metal.

10. All reflectors shall be of the housed type with screw or bolt type mounting. The stick-on type is not acceptable.

11. All electrical wiring shall be insulated and enclosed in a fibrous loom, plastic loom or flexible conduit for protection from external damage and short circuits. Wiring shall be securely fastened at sufficient intervals to prevent sagging and insure clearance of mechanical parts. Routing of the wiring through the sub-frame, body, deck or the like shall be in such a manner so as not to (1) interfere with the normal operation and use or (2) present a safety hazard.

12. The test trailer frame must allow for all wiring harness to be pulled back through the neck without removing any of the connectors. The opening in the trailer neck must be opened large enough to accommodate the connectors back through the trailer neck into the front trailer compartment. This opening shall have a protective box with a removable cover. The protective box shall be welded to the top of the trailer neck.

The removable cover shall have a weather proof seal and shall provide cable restraint for all wiring harness going through it.

13. All wiring and bulb assemblies shall be compatible with U.S. Standards.

Document Phase Document Description Page 11

14. The trailer shall be equipped with new rear corner flexible guide poles to assist operator in backing trailer.

15. A new license-plate holder with a white lamp or lamps for illuminating the license- plate shall be provided at the center or left side to the rear of the trailer.

16. All parts, including exposed electric and hydraulic lines, shall be corrosion resistant by either being plated to provide galvanic protection, be made of stainless steel, fiberglass, high impact PVC, or painted with quality primer and then quality urethane enamel. Areas subject to chipping shall be painted with chip guard paint.

17. New water flow meter for measurement of water application rate (in gallons per minute) and output must be displayed inside the tow vehicle.

18. Install noise filter components for the digital capture electronics to prevent interference from external sources such as cell phone towers.

19. Rear trailer tail direction lamps shall function by LED’s.

OPERATION & MAINTENANCE MANUALS:

1. Two (2) complete sets of the Operation and Maintenance manuals for the unit must be provided by the manufacturer. These manuals must include a complete set of drawings, parts list and detailed schematic diagrams for all electrical, mechanical and hydraulic systems, so that the purchaser will be able to operate and maintain the system properly. Note: Manuals shall be provided in one (1) set of hardback copies and one (1) searchable and printable electronic copy.

2. One manual for the unit must be provided for the computer/recording/printing equipment.

3. A complete list of Original Equipment Manufacturers (OEM) parts and the manufacturer’s serial numbers as well as part numbers for equipment not manufactured by the vendor must be included. This parts list shall include, but is not limited to, transducer and braking components, electrical relays, switches, etc.

4. Some aspects of the data collection algorithm may be documented primarily, but not exclusively, by on-line HELP functions.

5. The manufacturer must provide documentation outlining sources of possible error in the system and conditions that contribute to this error.

WARRANTY: All equipment and components must be warranted against defects in material and workmanship for a period of not less than 12 months from the date of acceptance by the purchaser. The manufacturer’s warranty must provide for prompt (48 hours or less) repair, replacement, and labor of defective equipment at no cost to the purchaser.

Spindles and wheel bearings shall have a five year unlimited mileage warranty.

FINAL CALIBRATION: The friction system must be referenced calibrated using ASTM E-274 at the Eastern Field Test and Evaluation Center in East Liberty, Ohio. Electronic and hardcopy documentation must support the friction system was successfully correlated to the Area Reference Friction Measurement System at speeds of 20, 40, and 60 mph on various friction surfaces for both test wheels. Water flow calibration should also be included.

The manufacturer should make arrangements for the attendance of a KYTC representative to the TRC to witness and participate in the calibration of the system. KYTC will make the necessary travel arrangements for the KYTC representative.

DELIVERY & TRAINING:

Document Phase Document Description Page 12

Upon completion of the system being calibrated, the manufacturer shall deliver the system to KYTC Division of Equipment and provide three (3) days of onsite training which will be scheduled at a later date.

PAINT: Units shall be painted with manufacturer’s standard white lead-free acrylic enamel equal to DuPont #LF-508 or matching color.

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

ADDITIONAL EQUIPMENT: Units shall contain any additional equipment, not specifically mentioned but necessary, to make a Complete and Workable unit.

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

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

DELIVERY: All units shall be delivered within the delivery period designated by the contractual document. Unit shall have a minimum of 1/2 tank (18 gallons) of fuel when delivered. An authorized dealer representative shall be available upon request, for one day of operator training and mechanic service instruction.

ICC International Cybernetics

Section 2 - Terms and Conditions of the Contract

2.00 - Executed Contract

The Contractor shall not deliver any items until a valid Contract has been fully executed. The Contract 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.

2.01 - Contract Components and Order of Precedence

The Commonwealth’s acceptance of the offer indicated by the issuance of a Contract Award by the KYTC Division of Purchases shall create a valid Contract between the Parties consisting of the following:

1. The written Contract 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

Document Phase Document Description Page 13

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 - 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.

2.03 - 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.

2.04 - 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:

Lanessia McCourt

Division of Purchases

Kentucky Transportation Cabinet

Phone: 502782-3979

E-mail: Lanessia.mccourt@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.

2.05 - Delivery

Document Phase Document Description Page 14

Vendor guarantees delivery of all requested items within ___________ calendar days after award of contract.

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

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

2.06 - 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.

2.07 - 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 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.

2.08 - 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 45.45A. 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.

2.09 - Post Contract Agreements

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This contract will constitute the entire agreement between the State and awarded contractor. 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.

2.10 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.

2.11 - 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.

2.12 - 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.

2.13 - 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 status 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

2.14 - Discrimination

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

1. The contractor will not discriminate against any employee or applicant for employment because of race, religion, color, national origin, sex, sexual orientation, gender identity or age. The contractor further agrees to comply with the provisions of the Americans with Disabilities Act (ADA), Public Law 101-336, and applicable federal regulations relating thereto prohibiting discrimination against otherwise qualified disabled individuals under any program or activity. The contractor agrees to provide, upon request, needed reasonable accommodations. The contractor will take affirmative action to ensure that applicants are employed and that employees are treated during employment without regard to their race, religion, color, national origin, sex, sexual orientation, gender identity, age or disability. Such action shall include, but not be limited to the following; employment, upgrading, demotion or transfer; recruitment or recruitment advertising; layoff or termination; rates of pay or other forms of compensations;

and selection for training, including apprenticeship. The contractor agrees to post in conspicuous places, available to employees and applicants for employment, notices setting forth the provisions of this non-discrimination clause.

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

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

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

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

6. In the event of the contractor's noncompliance with the nondiscrimination clauses of this contract or with any of the said rules, regulations or orders, this contract may be cancelled, terminated or suspended 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.

2.15 - Kentucky Sales and Use Taxes

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

2.16 - Access to Records

The state agency certifies that it is in compliance with the provisions of KRS 45A.150, "Access to contractor's books, documents, papers, records, or other evidence directly pertinent to the contract." The Contractor, as defined in KRS 45A.030, 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 agreement for the purpose of financial audit or program review. The Contractor also recognizes that any books, documents, papers, records, or other evidence, received during a financial audit or program review shall be subject to the Kentucky Open Records Act, KRS 61.870 to 61.884. Records and other prequalification information confidentially disclosed as part of the bid process shall not be deemed as directly pertinent to the agreement and shall be exempt from disclosure as provided in KRS 61.878(1)(c).

2.17 - Records Retention

The Finance and Administration Cabinet may inspect the place of business of the Vendor or any sub Vendor under the master Agreement contract awarded or to be awarded by the Commonwealth. In accordance with KRS 45A.150, the Finance and Administration Cabinet may audit the books and records of any person who has submitted cost or pricing data under KRS 45A.120 at any time until three years from the date of final payment under the prime contract, and by any subcontractor for a period of three years from the date of final payment under the subcontract.

Such books and records shall be maintained by the contractor for a period of three years from the date of final payment under the contract and by any subcontractor for a period of three years from the date of final payment under the subcontract. The Finance and Administration Cabinet shall be entitled to audit the books and records of a contractor or any subcontractor under any negotiated contract or subcontract other than a firm fixed-price type contract, provided, however, that this provision shall not limit the right to audit stated above. Such books and records shall be maintained by the contractor for a period of three years from the date of final payment under the prime contract and by the subcontractor for a period of three years from the date of final payment under the subcontract. The contractor shall place such the same audit requirement in any agreement it may have with a subcontractor under this contract.

2.18 - Bidder, Offeror, or Contractor Mandatory Representations Compliance with Commonwealth Law

The contractor represents that, pursuant to KRS 45A.485, they and any subcontractor performing work under the contract will be in continuous compliance with the KRS chapters listed below and have revealed to the Commonwealth any violation determinations within the previous five (5) years:

KRS Chapter 136 (CORPORATION AND UTILITY TAXES)

KRS Chapter 139 (SALES AND USE TAXES)

KRS Chapter 141 (INCOME TAXES)

KRS Chapter 337 (WAGES AND HOURS)

KRS Chapter 338 (OCCUPATIONAL SAFETY AND HEALTH OF EMPLOYEES)

KRS Chapter 341 (UNEMPLOYMENT COMPENSATION)

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2500000211 Final Locked wheel Roadway Friction Tester Total Pages: 31 https://apps.legislature.ky.gov/law/statutes/statute.aspx?id=22431 https://apps.legislature.ky.gov/law/statutes/chapter.aspx?id=37644 https://apps.legislature.ky.gov/law/statutes/chapter.aspx?id=37663 https://apps.legislature.ky.gov/law/statutes/chapter.aspx?id=37674 https://apps.legislature.ky.gov/law/statutes/chapter.aspx?id=38890 https://apps.legislature.ky.gov/law/statutes/chapter.aspx?id=38899 https://apps.legislature.ky.gov/law/statutes/chapter.aspx?id=38902

KRS Chapter 342 (WORKERS' COMPENSATION)

2.19 - Boycott Provisions

If applicable, the contractor represents that, pursuant to KRS 45A.607, they are not currently engaged in, and will not for the duration of the contract engage in, the boycott of a person or an entity based in or doing business with a jurisdiction with which Kentucky can enjoy open trade. Note: The term Boycott does not include actions taken for bona fide business or economic reasons, or actions specifically required by federal or state law.

If applicable, the contractor verifies that, pursuant to KRS 41.480, they do not engage in, and will not for the duration of the contract engage in, in energy company boycotts as defined by KRS 41.472.

2.20 - Lobbying Prohibitions

The contractor represents that they, and any subcontractor performing work under the contract, have not violated the agency restrictions contained in KRS 11A.236 during the previous ten (10) years, and pledges to abide by the restrictions set forth in such statute for the duration of the contract awarded.

The contractor further represents that, pursuant to KRS 45A.328, they have not procured an original, subsequent, or similar contract while employing an executive agency lobbyist who was convicted of a crime related to the original,…