Final_RFB_605_2600000015_2_SO_FORM.PDF

Document ID: RFB 605 2600000015 Page: 1

Commonwealth of Kentucky

SOLICITATION MODIFICATION

Modification: Yes Version #: 2

TITLE: Thermoplastic Intersection Markings-Materials Only

Date Issued:

07/29/2025 Record Date:

07/29/2025

Solicitation Closes Date:

08/05/2025 Time:

13:30

Solicitation No:

RFB 605 2600000015

Reason for Modification

7/29/25 - Modification to answer vendor questions.

Online Bidding Prohibited: No For Information Call:

Tiffany Kiser 502-782-3974

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 2600000015 Page: 2

Line Items

Commodity Group: Default Commodity Group

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

1 Granular Thermoplastic Pavement Material, Yellow

2000.00000 LB

Comm Code Comm Description Manufacturer Model # Manuf Part #

55036 Marking Compound (Thermoplastic), and Marking Powder

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.

Granular Form, In 50 pound containers

2 Granular Thermoplastic Pavement Material, White

20000.00000 LB

Granular Form, in 50 pound containers

3 Thermoplastic Pavement Glass Beads 80.00000 EA

50lb bags, minimum order 40 bags

Document ID: RFB 605 2600000015 Page: 3

4 Binder 50.00000 GAL

Binder shall be supplied in 5 gallon containers, order in increments of 5

5 Thermo/Concrete sealer 20.00000 GAL

5 gallon container - To be used for surface preparation when needed

6 Propane fired industrial heat torch 5.00000 EA

Torch must be propane-powered with piezo ignition and can produce a minimum of 200,000 BTU. The flame must extinguish when the trigger is released.

7 Straight arrow 5.00000 EA

9.5' tall

Document ID: RFB 605 2600000015 Page: 4

8 Curved arrow 300.00000 EA

8' tall

9 U-turn arrow 5.00000 EA

10.5' tall

10 Combination straight/curved arrow 5.00000 EA

13' tall

11 Combo left turn/U-turn arrow 5.00000 EA

18' tall

Document ID: RFB 605 2600000015 Page: 5

12 Combo 3-way arrow 5.00000 EA

13' tall

13 Lane drop arrow 25.00000 EA

18' tall

14 Wrong way arrow 50.00000 EA

23.5' tall, symbol to consist of 33' of 12" width

15 Route shield pavement marking 10.00000 EA

15' tall, shield details to be included in delivery order

Document ID: RFB 605 2600000015 Page: 6

16 "STOP" 20.00000 EA

8' height

17 "YIELD" 20.00000 EA

18 "AHEAD" 10.00000 EA

19 "ONLY" 50.00000 EA

Document ID: RFB 605 2600000015 Page: 7

20 Individual letter for specialty messages 50.00000 EA

21 Railroad crossbuck symbol 10.00000 EA

Symbol to consist of two 6' R symbols, 42' of 16" width, and 24' of 24" width

22 Yield line triangles (12" x 18") 25.00000 EA

EA = A pack of 25 triangles

23 Yield line triangles (24" x 36") 20.00000 EA

EA = A pack of 10 triangles

Document ID: RFB 605 2600000015 Page: 8

24 Transverse rumble strip kit 5.00000 EA

36 LF per pack

25 Bike lane straight arrow 20.00000 EA

6' tall

26 Bike lane symbol 20.00000 EA

Bike only symbol 40"x72"

27 Bike lane shared lane marking 10.00000 EA

To include bike symbol and arrow, 40"x112"

Document ID: RFB 605 2600000015 Page: 9

28 4" width thermo 500.00000 LF

White or yellow, specify in delivery order

29 6" width thermo 6000.00000 LF

30 8" width thermo 500.00000 LF

31 12" width thermo 7500.00000 LF

Document ID: RFB 605 2600000015 Page: 10

32 24" width thermo 5000.00000 LF

Shipping Information Various Shipping

See Extended Description

Various KY

Billing Information Various Billing

See Extended Description

Various KY

Document ID: RFB 605 2600000015 Page: 11

Submission Checklist

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

Item Bidder with lowest price receives maximum points.

Bidder with the best delivery time receives the maximum score.

Questions

7/29/25 – Modification to answer vendor questions.

Q1. - Item 15 Is this a red/white/blue Interstate Shield or a black/white State Route Shield? Can you please provide an example drawing from your specs?

A1. - This will typically be an interstate shield (2-digit or 3-digit) but my sometimes be a KY/US black and white route shield. The specifics of each order will be given in the delivery order. Sample has been attached to header.

Q2. - Item 21 A standard railroad kit contains two 6’ “R” and a 20’ “X”. The description seems to also contain some white linear material. Would you consider removing the linear material from this line and including a line for 16” white linear material? Can you please provide an example drawing from your design standards?

A2. - The 16” material is the “X”. The other linear material is for the 24” transverse lines in advance of and after the “R X R”. Rather than have two line items for each railroad symbol (24” width and the railroad kit), I wanted to have one line item that included the 24” width for the transverse lines, both “R” symbols, and the

“X”. For design standards see Figure 8C-2 in the MUTCD 11th Edition.

Packs of linear material cannot be broken to add to the railroad kit.

Q3. - Item 22 A standard package of 12” x 18” Yield triangles is 25 to a pack. Would you consider modifying the pack quantity?

A3. - Yes, we can modify to 25/pack.

Q4. - Item 24 Please confirm that the UOM is for one 4” base and one 2” bar that are 36” long. What color do you want for the bases and bars?

A4. - We would want to order 36 LF of the rumble bars (the 4” base with 2” bar). Both white.

Q5. - Please confirm the specification of the glass beads needed. Is it a Missouri Type P Drop-On glass bead? Please confirm that the quantity of beads you are looking for is 80 bags (50LB each).

A5. - The Missouri blend, Type P is what we would accept. We would place orders of 40 bags, and would expect 1-2 orders per year. Our districts typically don’t order beads often, but we added these a few years ago to give them the option if they wanted them.

No other changes have been made. Closing remains on 8/5/25.

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.

Document Phase Document Description Page 12

2600000015 Final Thermoplastic Intersection Markings-Materials Only Total Pages: 33 https://vss.ky.gov https://vss.ky.gov https://emars311.ky.gov/webapp/vssprdonline3111d/AltSelfService

Allow 24 – 48 hours to complete Vendor Registration. Vendors must be logged in to their Vendor Self Service (VSS) account in order to submit a response. Registrations completed the day of bid closing must be completed by the Vendor in the VSS portal. The Customer Resource Center is not able to complete registrations and activate accounts on the same day. Closing dates will not be extended for Vendors not registered by the date/time of the bid closing. Vendor Self Registration Guides are provided at https://finance.ky.gov/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)

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)

_____ 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.

Document Phase Document Description Page 13

2600000015 Final Thermoplastic Intersection Markings-Materials Only Total Pages: 33 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

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

1.0 - Specifications of Commodity Materials Specifications

Submit thermoplastic marking material that conforms to Section 837 of the Standard Specifications for Road and Bridge Construction, Current Edition. A link to the Standard Specifications can be found at:

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

All items shall require no pre-heating of the surface and shall be suitable for use on either asphalt or concrete pavements. For thermoplastic items, only products listed on the List of Approved Materials for Heat Applied Preformed Thermoplastics Category I will be accepted.

Glass Beads

MO P+ AC-110 Glass Bead Marking Spheres, or approved equal shall be used.

Binder

To assure long-life performance, binder may be required when installing thermoplastic pavement marking material on Portland cement concrete or older bituminous concrete surfaces. Each bidder shall submit a price for a low VOC binder that the manufacturer of the thermoplastic material recommends for use on these surfaces.

Packaging

The granular thermoplastic pavement marking material shall be packaged in suitable containers to which it will not adhere during shipment or storage. Preformed symbols shall be packaged flat or rolled. These items shall be pre-beaded with the exception of the curved arrow.

Minimum Order Amount

The minimum order amount to a specific delivery destination for Item 1 shall be 4,000 pounds for yellow material.

The minimum order amount to a specific delivery destination for Item 2 shall be 20,000 pounds for white material.

However, the Department reserves the right to order any quantity of material subject to the above listed minimum order amounts.

Potential Delivery Destinations

The delivery destinations for each individual order shall be indicated on the Delivery Order. The delivery destination may be to any location within the Commonwealth of Kentucky.

Section 2 - Terms and Conditions of the Contract

2.00 – Scope of the Contract

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2600000015 Final Thermoplastic Intersection Markings-Materials Only Total Pages: 33 https://finance.ky.gov/eProcurement/Pages/procurement-laws-regulations-and-policies.aspx http://transportation.ky.gov/Construction/Pages/Kentucky-Standard-Specifications.aspx

The Kentucky Transportation Cabinet Division of Purchases issues this solicitation on behalf of the Division of Highways to award a master agreement contract for: Preformed Thermoplastic Materials.

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 9/1/2025 and expiring 8/31/26.

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 Traffic Operations and Highway Districts 1-12

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

2.05 - Quantity Basis of Contract

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

Document Phase Document Description Page 15

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

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

Document Phase Document Description Page 16

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. Delivery time over 30 days may be deemed unresponsive.

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

Document Phase Document Description Page 17 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.

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

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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

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

Document Phase Document Description Page 19 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 – Non-Discrimination:

The Equal Employment Opportunity Act of 1978 (the “Act”), KRS 45.560 to 45.640, applies to all State government contracts or subcontracts in an amount exceeding $500,000. The contractor shall comply with all terms and conditions of the Act.

During the performance of this contract, the Contractor agrees as follows:

(a) The Contractor shall not discriminate against any employee or applicant for employment because of race, color, religion, sex, age forty (40) and over, disability, veteran status, or national origin or.

(b) The Contractor shall take affirmative action in regard to employment, upgrading, demotion or transfer;

recruitment or recruitment advertising; layoff or termination rates of pay or other forms of compensation, and selection for training, so as to ensure that applicants are employed and that employees are treated during employment without regard to their race, color, religion, sex, age forty (40) and over, disability, veteran status, and national origin.

(c) The Contractor shall state in all solicitations or advertisements for employees placed by or on behalf of the Contractor that all qualified applicants will receive consideration for employment without regard to race, color, religion, sex, age forty (40) and over, disability, veteran status, or national origin.

(d) The Contractor shall post notices in conspicuous places, available to employees and applicants for employment, setting forth the provisions of this non-discrimination clause.

The Contractor shall send a notice to each labor union or representative of workers with which he/she has a collective bargaining agreement or other contract or understanding advising the said labor union or workers' representative of the Contractor's commitments under this nondiscrimination clause.

The Contractor's noncompliance with the nondiscrimination clauses of this contract shall constitute a material breach of the contract.

Each Contractor shall, for the length of the contract or at the point at which the contract is covered by this Act and until its conclusion, furnish such information as required by the Act and any rules, regulations and orders issued pursuant thereto and permit access to all books and records pertaining to his employment practices and work sites by the contracting agency and the Cabinet to ascertain compliance with the Act.

This section applies to agreements disbursing federal funds, in whole or part, only when the terms for receiving those funds mandate its inclusion.

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

Document Phase Document Description Page 20 https://secure.kentucky.gov/sos/ftbr/welcome.aspx

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

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

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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)

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

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2600000015 Final Thermoplastic Intersection Markings-Materials Only Total Pages: 33 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 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

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

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

Vendors are strongly encouraged to submit questions in writing by the date/time specified.

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

Questions submitted after the date listed may not be answered unless the question(s) is/are considered material to the procurement.

Oral questions will not be accepted at any time except for bid procedural clarifications.

7/25/25 by 4pm

Response to written questions

KYTC anticipates the Addendum to answer questions will be posted on the date specified.

7/28/25 by 4pm

Bids due by 1:30 pm

BIDS WILL ONLY BE ACCEPTED ELECTRONICALLY THROUGH OUR

PROCUREMENT SYSTEM.

The Closing Date may be adjusted if necessary to accommodate the posting of an Addendum.

See page 1 for Closing Date.

Tentative Award Date 8/12/25

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. 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

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2600000015 Final Thermoplastic Intersection Markings-Materials Only Total Pages: 33 https://vss.ky.gov https://vss.ky.gov https://vss.ky.gov https://emars311.ky.gov/webapp/vssprdonline3111d/AltSelfService 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.

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

3.05 - Acknowledgment of Addenda to Solicitations

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

3.06 - Modification or Withdrawal of Bids

An electronic offer may be modified or withdrawn prior to the bid closing date/time by following the procedures listed in the attachment “How to Submit an Online Response – March 2023.”

3.07 - E-Procurement Award Notification

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

Step 1 – Click View Published Solicitations

Step 2 - Vendors can search for the solicitation title or number in the keyword search field, or can filter their search by only awarded solicitations by clicking on Show More and changing the Status to Awarded.

Step 3 – Click the hyperlinked RFB/RFP number.

Step 4 – Click the right arrow button until you see Public Bid Reading and Notice of Award.

Step 5 - Click the Notice of Award tab to see the awarded vendor’s information.

Step 6 – Click the Public Bid Reading tab to see all bidders’ pricing click on. The Public Bid Reading Tab will not be visible until the buyer has finalized the evaluation and an award has been made.

Note: If nothing appears on these tabs, contact the buyer of record for more information.

3.08 - Vendor Terms and Conditions

Solicitation or quotation forms that include terms and conditions not in conformity with the terms and conditions of this solicitation or the Statutes of the Commonwealth of Kentucky may be deemed non-responsive.

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The Commonwealth of Kentucky shall not be bound by any part(s) of the bidder’s response to this solicitation that contains information, options, conditions, terms, or prices neither requested nor required in the solicitation. In the event of any conflicts between the specifications, terms and conditions indicated by the Commonwealth and those indicated by the contractor, those of the Commonwealth take precedence. The contract supersedes all bids or other prior agreements, oral or written, and all other communications between the parties relating to this subject.

3.09 – Specifications

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

3.10 – Exceptions to Specifications

Vendors are cautioned that changes made to the solicitation other than in the designated fields for response shall render the response invalid and result in a non-responsive bid. Otherwise, it will be considered that items offered are in strict compliance with these specifications, and the successful bidder shall be held responsible for delivering materials that meet these specifications. Any exceptions shall be marked as such within the body of the bid and explained on a separate page. The Commonwealth is not bound to accept any exceptions.

3.11 – Alternate Brands/Specifications

Unless otherwise specified, brands and specifications referenced in this solicitation are meant to establish a minimum standard of quality only. Bidders may bid brands/specifications they consider to be equal by specifying the brand(s)/specifications and inserting the brand name(s), model number(s), etc. on which they are bidding.

Bids offering “equal” products/specifications will be considered for award if such products are clearly identified in the bid and are determined by the State to meet or exceed fully the minimum essential specifications and salient characteristics referenced in the Solicitation. Bids that contain products/specifications that fail to meet the minimum essential requirements shall be deemed non-responsive.

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

3.12 - Equipment

Unless otherwise indicated in the bid, it is understood and agreed that any item offered or shipped on this bid shall be new and the latest or current model year and be in first class condition.