Final_RFB_605_2500000258_1_SO_FORM.PDF

Document ID: RFB 605 2500000258 Page: 1

Commonwealth of Kentucky

SOLICITATION

Modification: No Version #:

TITLE: Traffic Control Items

Date Issued:

11/12/2024 Record Date:

11/12/2024

Solicitation Closes Date:

11/26/2024 Time:

13:30

Solicitation No:

RFB 605 2500000258

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 2500000258 Page: 2

Line Items

Commodity Group: Default Commodity Group

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

1 Channelizing Drum-Type IV 1200.00000 EA

Comm Code Comm Description Manufacturer Model # Manuf Part #

55078 Traffic Cones, Lane Markers, and Barricades (Portable)

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 Respond to an Online Bid through the Kentucky Vendor Self Service site (updated).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.

Please list Brand and Model bidding.

Channelizing Drum

See Terms and Conditions

2 Tire Ring Ballast Collar 1500.00000 EA

Please list Brand and Model bidding.

Tire Ring Ballast Collar for Channelizing Drum

Document ID: RFB 605 2500000258 Page: 3

3 Traffic Cones - 28 inch 7000.00000 EA

Traffic Cones - 28 inch

4 Traffic Cone Weights 150.00000 EA

Traffic Cone Weights

5 Type III Barricades with Base 200.00000 EA

Type III Barricades with Base

Document ID: RFB 605 2500000258 Page: 4

6 Type III Barricades without Base 50.00000 EA

Type III Barricades without Base

7 Reflective Material 1500.00000 LNFT

Reflective Material for Type III Barricade

8 Flex Delineator Ground Mounted Mono Yellow

100.00000 EA

Flexible Delineator Post - Ground Mounted Mono Yellow

Document ID: RFB 605 2500000258 Page: 5

9 Flex Delineator Ground Mounted Mono White 200.00000 EA

Flexible Delineator Post - Ground Mounted Mono White

10 Flex Delineator Ground Mounted Bi-Yellow 300.00000 EA

Flexible Delineator Post - Ground Mounted Bi-Yellow

11 Flex Delineator Ground Mounted Bi-White 400.00000 EA

Flexible Delineator Post - Ground Mounted Bi-White

Document ID: RFB 605 2500000258 Page: 6

12 Flex Delineator Surface Mounted Mono

50.00000 EA

Flexible Delineator Post - Surface Mounted Mono Yellow

13 Flex Delineator Surface Mounted Mono White 400.00000 EA

Flexible Delineator Post - Surface Mounted Mono White

14 Flex Delineator Surface Mounted Bi-Yellow 100.00000 EA

Flexible Delineator Post - Surface Mounted Bi-Yellow

Document ID: RFB 605 2500000258 Page: 7

15 Flex Delineator Surface Mounted Bi-White 50.00000 EA

Flexible Delineator Post - Surface Mounted Bi-White

16 Guardrail Delineator - Mono Directional White 100.00000 EA

Guardrail Delineator - Mono Directional White

17 Guardrail Delineator - Mono Directional

100.00000 EA

Guardrail Delineator - Mono Directional Yellow

Document ID: RFB 605 2500000258 Page: 8

18 Guardrail Delineator - Bi-Directional White 500.00000 EA

Guardrail Delineator - Bi-Directional White

19 Concrete Delineator - Single Sided 500.00000 EA

Concrete Delineator - Single Sided

20 Concrete Delineator - Double Sided 350.00000 EA

Concrete Delineator - Double Sided

Document ID: RFB 605 2500000258 Page: 9

21 4 inch Removable Tape - White 500.00000 LNFT

4 inch Removable Tape - White

22 4 inch Removable Tape - Yellow 1500.00000 LNFT

4 inch Removable Tape - Yellow

23 6 inch Removable Tape - White 3000.00000 LNFT

6 inch Removable Tape - White

Document ID: RFB 605 2500000258 Page: 10

24 6 inch Removable Tape - Yellow 2000.00000 LNFT

6 inch Removable Tape - Yellow

25 6 inch Removable Tape - Black 1500.00000 LNFT

6 inch Removable Tape - Black

26 8 inch Removable Tape - Black 2100.00000 LNFT

8 inch Removable Tape - Black

Document ID: RFB 605 2500000258 Page: 11

27 Traffic Cone for Electrical Work 100.00000 EA

Traffic Cone for Electrical Work

28 Electrical Hazard Sign for Traffic Cone 50.00000 EA

Electrical Hazard Sign for Traffic Cone

29 STOP/SLOW Paddle with Telescopic Handle 25.00000 EA

See Terms and Conditions for Description

Document ID: RFB 605 2500000258 Page: 12

30 Grabber Cone-42 inch 2000.00000 EA

Shall be in accordance with Sepia 33 with KYTC's Standard Drawing Manual. This item shall include the base.

31 Tubular Marker-28 inch 300.00000 EA

Shall be in accordance with Sepia 33 with KYTC's Standard Drawing Manual. This item shall include the base.

Shipping Information Various Shipping

See Extended Description

Various KY

Billing Information Various Billing

See Extended Description

Various KY

Document ID: RFB 605 2500000258 Page: 13

Submission Checklist

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

Item Bidder with the best price receives the maximum points.

Bidder with the best delivery time receives the 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 14

2500000258 Final Traffic Control Items Total Pages: 38 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 2.24)

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

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 or Scope of Work

1.00#Specifications of Commodity and/or Service Requirements

All materials provided shall meet the requirements of the current edition of the MUTCD, the KYTC Department of Highways Standard Specifications for Road and Bridge Construction, and the KYTC Standard Drawings and Sepias.

Where applicable, the traffic control devices provided must meet MASH standards.

1.01#Materials

Channelizing Drums shall be fabricated from low density polyethylene and shall meet the requirements of the current edition of the MUTCD. Retroreflective sheeting shall meet or exceed the minimum requirements established by ASTM D 4956 for Type IV sheeting or higher (6” sheeting), including the reboundable sheeting requirements.

Drums shall be designed to allow stacking for ease in handling and storage. Drum shall be constructed with built-in handle for carrying or dragging and shall be designed so as to minimize rolling in case of impact. Drums shall meet sections 830.02.03 and 830.04 of the KYTC Department of Highway Standard Specifications for Road and Bridge Construction as well as Sepia 33 of the Standard Drawings.

Document Phase Document Description Page 15

2500000258 Final Traffic Control Items Total Pages: 38 https://finance.ky.gov/eProcurement/Pages/procurement-laws-regulations-and-policies.aspx

Tire Ring Ballast Collars for Channelizing Drums shall be compatible with the Channelizing Drums specified above. Collars shall be the Tire Ring type and have a minimum weight of 25 pounds. The rubber around the hole is to be at least 3/4 inches thick.

Type III Barricade with Base shall be eight (8) feet in length, skid type, with removable base. Retroreflective material used shall be from the List of Approved Materials published by the Division of Materials. Direction of retroreflective material to be determined when the delivery order is placed. When ordered without the removable base, top portion shall include all rails with retroreflective sheeting and vertical supports.

Reflective material shall be wide enough to cover the front face or barricade rails and rolls shall be a minimum of 150 feet. Retroreflective material used shall be from the List of Approved Materials published by the Division of Materials. Direction of retroreflective material to be determined when the delivery order is placed.

Traffic Cones (Standard) shall meet all standards of the Manual on Uniform Traffic Control Devices and KYTC Standard Drawings. Ensure that all materials are free from cracks, tears, ridges, humps, discoloration, or other objectionable blemishes. Traffic cones shall be made of a compound of plasticized poly-vinyl chloride. The cone shall be of fused construction with an inner surface of translucent and highly reflective, white, poly-vinyl and thick highly pigmented outer surface of fluorescent color. The surface shall be smooth, glossy non-porous and resistant to dirt, tar and grease. It shall be capable of being cleaned quickly by wiping with common cleaners, producing no damage to the surface. The base shall be fluorescent red-orange high density-weighted poly-vinyl chloride compound. The cone placed in its normal position on flat and level surface at room temperature shall be folded at a point near the middle of its vertical height so that the upper tip touches the surface on which the base is resting and held there for ten seconds. When released the cone shall return to its original vertical position within fifteen seconds. Cones must be self-supporting with no appreciable slump or sag after four (4) hours exposure at temperature of 150 degrees Fahrenheit. After four (4) hours exposure at a temperature of 15 degrees Fahrenheit, the cones must withstand a 180 degree bend, as described in the above, with no evidence of cracking, splitting breaking or other distress. This test shall be made immediately upon removal of the specimen from the temperature chamber.

Two (2) inch black letter reading KYTC shall be placed vertically on one side of the conical upper portion of the cone. Method of application shall ensure that lettering cannot be removed without damaging cone. Cone collars shall conform to ASTM D 4956, Type VI, Class 1 or 3.

PROPERTIES FOR 28 INCH CONES

Weight –pounds (minimum total cone) 8.00

Coating thickness –in (ave. of 5) (minimum) .025

Top Diameter – in (I.D minimum) 1.00

Overall height –in-28 inches plus/minimum 2 inches

Tensile strength-PSI (minimum) 1000

Wall thickness-top .090- bottom –100

Base Diameter- in. (I. D. minimum) 14.0

Bottom Diameter –In. (I.D. minimum) 10.5

Angle of Recovery (minimum) 70

Cones must have permanently attached reflective cone collars-reflexite. One band to be approximately 3-1/2’’ from top 6’’ wide and one band 2’’ below first band 4’’ wide.

Document Phase Document Description Page 16

Traffic Cone Weights shall be compatible with traffic cones specified above and weigh a minimum of seven pounds.

Flexible Delineator posts shall be 54 inches in height and conform to Section 838 of the current edition of the Kentucky Department of Highways Standard Specifications for Road and Bridge Construction and the current edition of the MUTCD. This item shall include the post, reflective sheeting, and mounting hardware. Flexible delineator posts provided must be on the KYTC Division of Materials List of Approved Materials.

Guardrail Delineators shall conform to the KYTC Standard Drawings and Sepias and with Section 830 of the current edition of the Kentucky Department of Highways Standard Specifications for Road and Bridge Construction.

Concrete Delineators shall conform to the KYTC Standard Drawings and Sepias and with Section 509 and 830 of the current edition of the Kentucky Department of Highways Standard Specifications for Road and Bridge Construction.

Removable Tape (striping) shall conform to the KYTC Division of Materials List of Approved Materials.

Traffic Cones for Electrical Work shall be a lime green cone with a minimum conical height of 28 inches and meet all other standards of the MUTCD. Cones shall be injection molded PVC and have a weight of seven pounds or less. Cones shall have a 6 inch retroreflective band (3 inches to 4 inches from the top of the cone) with a 4 inch retroreflective band (approximately 2 inches from the 6 inch band). The cones shall be self-supporting with no appreciable slump or sag after exposure to a temperature of 150 degrees Fahrenheit for a period of 4 hours.

Electrical Hazard Sign for Traffic Cone shall be designated to be top mounted at the top of the lime green traffic cones specified above for electrical work. Signs shall have a plastic substrate (or approved equal). The dimensions shall be approximately 13 inch x 11 inch and be fabricated with retroreflective sheeting from the KYTC Division of Materials List of Approved Materials.

STOP/SLOW Paddles shall consist of an octagonal panel 18 inches wide with 8 inches legend fabricated from

0.063 gauge aluminum. One side of the paddle shall be fabricated using both white and red high intensity reflective sheeting. White die or computer cut legend and border may be applied over red sheeting or red sheeting may be reverse cut and applies over top of white sheeting. Letter series for the legend “STOP” shall comply with the current MUTCD for size and spacing. Silk screen printing or transparent overlay films shall not be accepted. The reverse paddle face shall be fabricated using orange high intensity reflective sheeting with the legend and border fabricated using black vinyl film or black opaque ink. The legend “SLOW” shall be black on a field of orange in the shape of a diamond. Letter series for the legend “SLOW’’ shall comply with the MUTCD for size and spacing. The area beyond the limits of the diamond shall be black. All vinyl and ink shall be of the brand and type recommended by the reflective sheeting manufacturer. Silk screen printing or transparent overlay films shall not be accepted. Pole shall be made of aluminum or fiberglass and retractable one piece design with twist locking mechanism with removable paddle.

When applicable, vendors must submit documentation to confirm that the traffic control devices provided have been tested and certified to meet the crashworthy requirements of NCHRP 350 or MASH.

Section 2 - Terms and Conditions of the Contract

Document Phase Document Description Page 17

2.00 – Scope of the Contract

The Kentucky Transportation Cabinet Division of Purchases issues this solicitation on behalf of the Division of Highways to award a master agreement contract for: Traffic Control Items.

2.01 - Contract Components and Order of Precedence

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

1. The written Master Agreement between the Parties;

2. Any Addenda to the Solicitation;

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

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

5. The Kentucky Revised Statutes KRS 45A.

In the event of an inconsistency between provisions of the solicitation, the inconsistency shall be resolved by giving precedence in the following order: (a) the Specifications; (b) other provisions of the Solicitation, whether incorporated by reference or otherwise; (c) Contract or Master Agreement Terms and Conditions; (d) FAP 110-10-00 – General Conditions and Instructions for Solicitations and Contracts.

2.02 - Initial Contract Period

The Master Agreement will be for the initial period beginning upon award and expiring 11/30/2025.

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 Highways 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

Document Phase Document Description Page 18

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. The price increase must be based on industry wide price changes. The contract holder must request in writing a price increase at least thirty (30) days prior to the effective date and shall provide firm proof that the price increase(s) is justified. The KYTC Division of Purchases may request additional information or justification. If the price increase is denied, the contract holder may withdraw from the contract without prejudice upon written notice and approval by the KYTC Division of Purchases; 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”.

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 - Basis of Shipment

Document Phase Document Description Page 19

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

2.11 - Notices

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

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.

2.12 Delivery Orders for Commodities

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

Penalties assessed for late deliveries will be calculated based on the date of the Delivery Order and the delivery time stated in Section 2.13.

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

Any and all items or portions of items not delivered on or prior to the expiration date of the contract shall be considered cancelled after that date. There will be no claim for damages allowed by reason of cancellation thereof.

2.13 - Deliveries

Delivery at the earliest possible date is desired.

Document Phase Document Description Page 20

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.

2.14 - Inspection

All supplies, equipment and services shall be subject to inspection or tests by the Commonwealth prior to acceptance. In the event supplies, equipment or services are defective in material or workmanship or otherwise not in conformity with specified requirements, the Commonwealth shall have the right to reject the items or services or require acceptable correction at the vendor’s expense.

2.15 - Invoices

Invoices, if required, shall be prepared and transmitted to the agency receiving the goods or services. One copy shall be marked "original" unless otherwise specified. Each invoice shall contain at least the following information:

a. Contract and Delivery Order number;

b. Item numbers;

c. Description of supplies or services;

d. Sizes;

e. Quantities;

f. Service Dates;

g. Unit prices; and

h. Extended totals.

2.16 - Payments

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

2.17 - Vendor’s Report

The vendor(s) may be asked to furnish the KYTC Division of Purchases, a report showing volume which has been sold to the Commonwealth and its using agencies each six (6) months of the contract period. The report will include political subdivisions and university purchases. This report may be the vendor’s computer printout sheet or form.

Document Phase Document Description Page 21

This shall apply to all items, which are to become a part of this contract. This report must reference usage by brief description, product number or other format designated by the KYTC Division of Purchases.

2.18 - Post Contract Agreements

The Master Agreement shall represent the entire agreement between the parties. Prior negotiations, representations, or agreements, either written or oral, between the parties hereto relating to the subject matter hereof shall be of no effect upon this contract. Unless, contractually provided, the Commonwealth shall not be required to enter into nor sign further agreements, leases, company orders or other documents to complete or initiate the terms of the contract.

Any such documents so obtained will be non-binding on the State and be cause for breach of contract.

2.19 - Service Performance

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

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

Deviations of services performed will not be made without the written approval of the KYTC Division of Purchases.

Problems that arise under any aspect of performance should first be resolved between the vendor and the agency. If such problems and/or disagreements cannot be resolved they should be referred to the KYTC Division of Purchases for mediation.

2.20 - Assignment

The vendor shall not assign this Master Agreement in whole or in part to another vendor at any time during the initial or optional renewal terms of the contract, without the consent, guidance and approval of the Commonwealth.

Any assignment hereunder entered into, subsequent to the execution of the contract with the prime vendor, must be annotated and approved by the Commonwealth. Any purported assignment without this consent shall be null and void.

2.21 – 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.

2.22 - Termination of Contracts

Document Phase Document Description Page 22

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.

2.23 - 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.

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

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

KRS 14A.9-030.

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

Foreign entity is defined within KRS 14A.1-070.

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

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

2.25 - 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

Document Phase Document Description Page 23 https://secure.kentucky.gov/sos/ftbr/welcome.aspx 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.

2.26 - 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.

2.27 - 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

2.28 – 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.

2.29 - Extension to Political Subdivisions

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

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

2.30 - 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).

2.31 - 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.

2.32 - 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)

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2500000258 Final Traffic Control Items Total Pages: 38 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

KRS Chapter 341 (UNEMPLOYMENT COMPENSATION)

KRS Chapter 342 (WORKERS' COMPENSATION)

2.33 - 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.

2.34 - 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, subsequent, or similar contract within five (5) years of the conviction of the lobbyist.

2.35 - Governing Law

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

Section 3 - General Information

3.00 - Issuing Office

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

3.01 - Restrictions on Communications

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

Tiffany Kiser

502 / 564-4630

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2500000258 Final Traffic Control Items Total Pages: 38 https://apps.legislature.ky.gov/law/statutes/chapter.aspx?id=38902 https://apps.legislature.ky.gov/law/statutes/chapter.aspx?id=38914 https://apps.legislature.ky.gov/law/statutes/statute.aspx?id=48539 https://apps.legislature.ky.gov/law/statutes/statute.aspx?id=50541 https://apps.legislature.ky.gov/law/statutes/statute.aspx?id=52935

Fax – 502 / 564-7069

E-mail – Tiffany.Kiser@ky.gov

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

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

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

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

The Commonwealth reserves the right to reject the bid response for any violation of this provision. This provision does not preclude bidders who presently hold contracts with the Commonwealth from communicating with state agencies regarding existing contracts.

3.02 - Schedule of RFB Activities

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

Deadline for written questions

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

November 18, 2024 by 4PM

Commonwealth’s response to written questions

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

November 19, 2024

Bids due by 1:30 pm

BIDS WILL ONLY BE ACCEPTED ELECTRONICALLY THROUGH OUR

PROCUREMENT SYSTEM.

See page 1 for Closing Date.

Tentative Award Date December 3, 2024

NOTE: All times referenced are Eastern Time Zone

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3.03 - Access to Solicitation and Solicitation Addenda

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

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

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

Please note: It is not necessary to register to view the solicitations, but you must register to respond.

Step 1 – Click View Published Solicitations

Step 2 – Keyword Search - Vendors can use the keyword field search to narrow your search.

Step 3 - Click the hyperlinked RFB/RFP document number

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

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

Please note: some solicitations may have multiple file attachments.

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

3.04 - Bid Submission Requirements

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.