Final_RFB_605_2700000117_1_SO_FORM.PDF

Document ID: RFB 605 2700000117 Page: 1

Commonwealth of Kentucky

SOLICITATION

Modification: No Version #:

TITLE: Square Sign Posts

Date Issued:

09/09/2026 Record Date:

09/09/2026

Solicitation Closes Date:

09/23/2026 Time:

13:30

Solicitation No:

RFB 605 2700000117

Online Bidding Prohibited: No

For Information Call:

PAIGE GRASS

502-564-5243

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 2700000117 Page: 2

Line Items

Commodity Group: Default Commodity Group

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

1 8' x 2" x 2", 14 Gauge Steel 10000.00000 EA

Comm Code Comm Description Manufacturer Model # Manuf Part #

57044 Posts, Steel (For Delineator Markers, Mile Markers, etc.)

Extended Description Specifications attached at the header.

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

During Phase 1 bidders must enter $0.01 for price and zero (0) for delivery in the e-procurement system.

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.

DO NOT SUBMIT PRICING DURING PHASE 1.

This RFB will be conducted as a Multistep Competitive Sealed Bid in accordance with 200 KAR 5:375 also referred to as a REVERSE AUCTION.

The Commonwealth has partnered with eBridge to host this bidding event on its Web-Based Bidding Platform. Vendors who have not previously registered must register with eBridge by emailing tara.obannon@ebridgeglobal.com

Review the Attachment (eBridge Bid Instructions). The awarded supplier is obligated to pay a transaction fee to eBridge pursuant to the Terms and Conditions accepted upon placement of initial bid.

This RFB will consist of two phases:

Phase 1: VENDORS SHALL SUBMIT UNPRICED OFFERS per instruction in Section 3.04. Prices will be accepted only from bidders whose unpriced technical offer is found acceptable during Phase 1.

Phase 2: PRICES WILL ONLY BE ACCEPTED IN THE SECOND PHASE DURING THE ONLINE REVERSE AUCTION BIDDING EVENT.

If only one (1) responsive bid is received, the online reverse auction will be cancelled and the Division of Purchases, will request pricing from the vendor via email. The criteria that will be used to evaluate the offers at the conclusion of the online bidding event are located in section 5.00.

Document ID: RFB 605 2700000117 Page: 3

2 10' x 2" x 2" - 12 Gauge Square Sign Post 10000.00000 EA

3 12' x 2" x 2" - 12 Gauge Square Sign Post 8000.00000 EA

4 14' x 2" x 2" - 12 Gauge Square Sign Post 4000.00000 EA

5 16' x 2" x 2" - 12 Gauge Square Sign Post 1000.00000 EA

Document ID: RFB 605 2700000117 Page: 4

6 10' x 2.5" x 2.5" - 12 Gauge Square Sign Post 1500.00000 EA

7 12' x 2.5" x 2.5" - 12 Gauge Square Sign Post 1000.00000 EA

8 14' x 2.5" x 2.5" - 12 Guage Square Sign Post 500.00000 EA

9 16' x 2.5" x 2.5" - 12 Guage Square Sign Post 500.00000 EA

Document ID: RFB 605 2700000117 Page: 5

10 36" x 2.25" x 2.25" Anchor Sleeve 15000.00000 EA

The Anchor Sleeve receives the 2" x 2" sign posts and must be compatible with the 2" square sign posts in Items 1-5. See Section 1.0 for specifications.

11 Bolt on Soil Stabilizer Plate 15000.00000 EA

Must fit the 2.25" x 2.25" anchor sleeve in Item 11 and be attached to two adjoining sides of the anchor.

T009 - the Soil Stabilizer details depicted on the right side of the drawing correlate with Line 11

12 Type D Omni Directional Slip Base Assembly for New Concrete

100.00000 EA

This item shall be the 8" Redi Torque Model 280 Slip Base for installation in new concrete by Xcessories Squared - Product Number RT8UX-25C48C-G.

This is KYTC's Type D omni-directional slip base that is MASH compliant and has a triangular slip plate with 8" sides. This Item is used with Items 6-9 (2.5" x 2.5" square posts). This item includes a slip base top that accepts 2.5" square posts, a match plate hardware kit (which includes Redi-Torque Model 280 double hex torque-free bolts, flat washers, Teflon-coated plate separators, and large flange nuts), and a unibase anchor for installation in new concrete (i.e. there is not a soil stablizer plate attached to this unibase anchor).

Document ID: RFB 605 2700000117 Page: 6

13 Type D Omni Directional Slip Base Assembly for Soil - 8" Tri

200.00000 EA

This item shall be the 8" Redi Torque Model 280 for installation in soil by Xcessories Squared - Product Number RT8UX-25C42WC-G. This is KYTC's Type D omni-directional slip base that is MASH compliant and has a triangular slip plate with 8" sides. This Item is used with Items 6-9 (2.5" x 2.5" square posts). This item includes a slip base top that accepts 2.5" square posts, a match plate hardware kit (which includes Redi-Torque Model 280 double hex torque-free bolts, flat washers, Teflon-coated plate separators, and large flange nuts), and a unibase anchor that has a preattached soil stabilizer plate for installation in soil.

14 Type D Omni Directional Slip Base Surface Mount for Existing

This item shall be the 8" Redi Torque Model 280 for installation in existing, hardened concrete by Xcessories Squared - Product Number SMSB8-10-G.

This is KYTC's Type D omni-directional slip base that is MASH compliant and for surface mounting a sign assembly onto existing hardened concrete. It has a triangular slip plate with 8" sides. This item is to be used with Items 6-9 (the 2.5" x 2.5" square posts). This item includes a triangular slip base bottom plate stub that is welded to a flat base plate that has four holes for anchoring the suface mount assembly to existing concrete. This item does not include the slip base top that accepts 2.5" square posts (see Item 15). This item does not include the match plate hardware (see Item 16). This item does not include the 5/8" x 6" Threaded Wedge Bolts needed to anchor this surface mount to existing hardened concrete (see Item 26 for the wedge bolts).

15 Type D Slip Base Top - 8" Triangular Slip Plate

500.00000 EA

This item shall be the 8" Redi-Torque Model Model 280 Slip Base Top for 2.5" square posts by Xcessories Squared - Product Number SB8C-250A-G.

This item is the slip base top that accepts 2.5" x 2.5" square post and is a component of KYTC's Type D Slip Base assemblies. This Item is typically used to replace missing Type D Slip Base Tops during repair of an existing Type D Slip Base assembly. It is also used when installing a new (or repairing and existing) KYTC Type D Surface Mount (see Item 14).

Document ID: RFB 605 2700000117 Page: 7

16 Redi-Torque Match Plate Hardware Kit 500.00000 EA

This item shall be the Redi-Torque Match-Plate Hardware - full set by Xcessorites Squared - Product Number RTSB-MPHDW. This match plate hardware kit is a component of KYTC's Type D Slip Base assemblies. This kit is used during the repair of an existing Type D Slip Base assembly OR when installing a new (or repairing an existing) Type D Surface Mount (see Item 14). This is a full hardware set that includes the necessary Redi-Torque Model 280 1/2"-13 x 3" Grade 8 double hex bolts, 5/8" flat washers, 1-3/4" square x 3/16" thick Teflon-coated plate separators, and 1/2"-13 x 3" Grade 8 large flange nuts necessary to replace the match plate hardware of a single Type D Slip Base.

17 8" Redi-Torque Unibase Anchor for Concrete - 48"

This item shall be the Redi Torque Model 280 by Xcessories Squared - Product Number RT8UX-25C42WC-G. This is the unibase anchor that is one component of the full Type D Slip Base set in Item 12. This unibase anchor is 48" long and has an 8" triangular slip plate welded to the top. This item will typically be used during repairs where a full Type D Slip Base set is not needed.

18 8" Redi-Torque Unibase Anchor for Soil - 42" (with soil stab

1000.00000 EA

This item shall be the Redi Torque Model 280 by Xcessories Squared - Product Number RT8UX-25C42WC-G. This is the unibase anchor that is one component of the full Type D Slip Base set in Item 13. This unibase anchor is a 42" long and has an 8" triangular slip plate welded to the top and a soil stablizer plate welded to the anchor stem just below the triangular slip plate. This item will typically be used for repairs where a full Type D Slip Base set is not needed.

Document ID: RFB 605 2700000117 Page: 8

19 Kleen Break Surface Mount Sign Post Coupler System

1000.00000 EA

This item shall be the Kleen Break Model 425 Sign Post Coupler System by Xcessories Squared - Product Number XKBSM42520-G. This items includes a surface mount anchor with three holes for securing the anchor to existing hardened concrete, a rubber bushing, the Model 425 Shear Bolt, a top receiver that accepts 2" x 2" posts (see Items 1-5), and a locking wedge. See Item 29 for the Kleen Break Shear Bolt Wrench used to tighten the Model 425 Shear Bolt. This item does not included the three 1/2" x 4" threaded wedge bolts needed to secure the anchor plate to existing, hardened concrete - see Item 27 for the threaded wedge bolts.

20 Kleen Break 2" Square Post Receiver 1000.00000 EA

This item shall be the Kleen Break Model 425 sign post receiver by Xcessories Squared - Product Number TX175-200-G. This is the top portion of the Kleen Break that accepts 2" x 2" sign posts. This item will tyipcally used to replace missing Kleen Break post receivers during repair of an existing Kleen Break assembly.

21 Kleen Break Shear Bolt (with hardware) 2500.00000 EA

This item shall be the Kleen Break Model 425 shear bolt and associated hardware by Xcessories Squared - Product Number SBH5840-Z. This is the replacement shear bolt for Item 14 and is typically used when repairing an existing Kleen Break.

Document ID: RFB 605 2700000117 Page: 9

22 Rubber Bushing for Kleen Break 2500.00000 EA

This shall be the Kleen Break Model 425 rubber bushing by Xcessories Squared - Product Number RB30-EPDM. This is the replacement rubber bushing for Item 14 and is typically used when repairing an existing Kleen Break.

23 Kleen Break 8" Stem Anchor 2000.00000 EA

This item shall be the Kleen Break Model 425 stem anchor by Xcessories Squared - Product Number CKBA-8-G. The stem anchor is 8 inches long and can be used with either a new concrete installation OR a soil intallation. The stem portion of this anchor is set in either new concrete or inserted into a 2.25" x 2.25" anchor sleeve with soil stablizer plate (see Items 10 and 11) that has been driven into soil.

24 Concrete Barrier Mount Base 200.00000 EA

Must be able to mount square tube sign posts specified in items 1-9 and the post receiver cannot be more than 4" in height.

25 Concrete Barrier Mount Bracket 200.00000 EA

Galvanized Steel Bracket. All brackets must be able to mount square sign posts specified in Items 1-9. Must be able to anchor to top and one side of barrier wall. Bracket will be 3/8" thick and is either 4" x 7" or 2.5" x 2.5".

Document ID: RFB 605 2700000117 Page: 10

T013 - the Barrier Mounting Bracket details depicted on the right side of drawing correlates with Line 25.

26 5/8" x 6" Threaded Wedge Bolt 5000.00000 EA

Must have a rust resistant finish. To be used to attached the base plate of Item 14 onto existing, hardened concrete.

27 1/2" x 4" Threaded Wedge Bolt 5000.00000 EA

Must have a rust resistant finish. To be used to attached the Kleen Break anchor that is within Item 19 onto existing, hardened concrete.

28 Post to Receiver Locking Wedge for Square Post

2000.00000 EA

This item shall be the Post Locking Wedge for Square Posts by Xcessories Squared - Product Number LWX35F-G. This a replacement locking wedge for use with the Redi-Torque Model 280 Slip Base System (KYTC's Type D Slip Base) or for use with the Kleen Break Model 425 Sign Post Coupler System. This item is usually used when repairing an existing Type D Slip Base or an existing Kleen Break.

Document ID: RFB 605 2700000117 Page: 11

29 Kleen Break Shear Bolt Wrench 25.00000 EA

This item shall be the Kleen Break Shear Bolt Wrench by Xcessories Squared - Product Number XKBW-1516. This is the tool used to reinstall the Kleen Break Shear Bolt (see Item 21) when repairing an existing Kleen Break.

30 Corner Bolt, 5/16" 25000.00000 EA

For securing telescoping sections of sign posts. Bolt must have a rust resistant finish and have a 90 degree bend designed for placement in 7/16" holes on adjacent sides.

31 Hex Jam Nut, 5/16" 10000.00000 EA

Must have a rust resistant finish. For use with corner bolts (see Items 30 and 33).

32 Flange Nut, 5/16" 25000.00000 EA

To be used with corner bolts. For use with corner bolts (see Items 30 and 33).

Document ID: RFB 605 2700000117 Page: 12

33 Large Corner Bolt (5/16" x 3" Long) 20000.00000 EA

5/16" diameter large corner bolt, 3 inches long.

34 Grade 8 Bolt (3/8"-16 x 3") 10000.00000 EA

3/8"-16 x 3" HHCS Gr8 Zinc/Yellow

35 3/8" Flange Nut Case-Hardended 10000.00000 EA

Case-hardened 3/8" flange nut

36 2" Aluminum Sign Bracing 450.00000 EA

2" Aluminum Sign Bracing 12' w/Holes.

Document ID: RFB 605 2700000117 Page: 13

37 Post Clamp for 2" Square Steel Post 400.00000 EA

Stainless Steel - Must fit the 2" square posts in Items 1-5.

38 Post Clamp for 2.5" Square Steel Post 250.00000 EA

Stainless Steel - Must fit the 2.5" square posts in Items 6-9.

39 Drive Rivet w/Vinyl Washer for attaching signs 20000.00000 EA

Galvanized Steel Rivets (for additional strength) with attached vinyl washer shall have a rust resistant finish and shall be designed for attaching sign with 3/8 " diameter holes to posts with 7/16 " diameter holes.

40 Vinyl Washer 20000.00000 EA

To be used with Item 39.

Document ID: RFB 605 2700000117 Page: 14

41 Flange Bolt - 1/2" x 2" Grade 8 100.00000 EA

1/2" x 2" Grade 8 flange bolt

42 1/2" Drop in Anchor 200.00000 EA

1/2" drop in anchor

43 Expansion Anchor (1/2" x 5 1/2") 200.00000 EA

1/2" x 5 1/2" expansion anchor

44 5/16"-18x3 NC Slotted Round Washer 12000.00000 EA

5/16"-18x3 NC Slotted Round Washer

Document ID: RFB 605 2700000117 Page: 15

45 5/16"-18x2.5 NC Slotted Round Washer 10000.00000 EA

5/16"-18x2.5 NC Slotted Round Washer

46 Banding Bracket, Flaired-Leg, > 4" Diameter Pole

Banding Bracket, Flaired Leg, > 4" Diameter Pole, Tapped Hole for 5/16th"-18 Bolts

47 Hex Head Bolts 5/16"-18 x 3/4" long 24.00000 EA

100 Per Box - Hex Head Bolts 5/16"-18 x 3/4" long

48 5/16" Fiber Washer (1/16" x 7/8" OD) 12.00000 EA

100 Per Box - 5/16" Fiber Washer (1/16" x 7/8" OD)

Document ID: RFB 605 2700000117 Page: 16

49 2" x 48" HIP Red Sign Post Facing 1000.00000 EA

2" x 48" High Intensity Prismatic (Type XI) Red Sign Post Facing, 3 Hole

50 2" x 48" HIP Yellow Sign Post Facing 1000.00000 EA

2" x 48" High Intensity Prismatic (Type XI) Yellow Sign Post Facing, 3 Hole

51 2" x 48" HIP White Sign Post Facing 500.00000 EA

2" x 48" High Intensity Prismatic (Type XI) White Sign Post Facing, 3 Hole

52 2" x 48" HIP Fluorescent Yellow Green Sign Post Facing

500.00000 EA

2" x 48" High Intensity Prismatic (Type XI) Fluorescent Yellow Green Sign Post Facing, 3 Hole

Shipping Information Billing Information

Document ID: RFB 605 2700000117 Page: 17

Various Shipping

See Extended Description

Various KY

Various Billing

See Extended Description

Various KY

Document ID: RFB 605 2700000117 Page: 18

Submission Checklist

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

Item The bidder with the lowest price receives the maximum score.

The bidder with the best delivery (or Response) time receives maximum points.

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.

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)

_____ ebridge PHASE 1 – SUBMIT WITHOUT PRICING (PDF Attachment)

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 2.23)

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

Document Phase Document Description Page 19

2700000117 Final Square Sign Posts Total Pages: 43 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

_____ EQUIPMENT SPECIFICATION/PRODUCT LITERATURE

_____ Insurance Certificate (See section 1.01)

PLEASE READ THIS SOLICITATION AND ITS INSTRUCTIONS IN ITS ENTIRETY.

This is a Request for Bid (RFB).

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

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

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

Section 1 - Specifications – Commodity

This RFB will be conducted as a Multistep Competitive Sealed Bid in accordance with 200 KAR 5:375 also referred to as a REVERSE AUCTION.

The Commonwealth has partnered with eBridge to host this bidding event on its Web-Based Bidding Platform.

Vendors who have not previously registered must register with eBridge by emailing tara.obannon@ebridgeprocurement.com

Review the attachment (eBridge Bid Instructions).

The awarded supplier is obligated to pay a transaction fee to eBridge pursuant to the Terms and Conditions accepted upon placement of initial bid.

This RFB will consist of two phases.

Phase 1: VENDORS SHALL SUBMIT UNPRICED OFFERS per instruction in Section 3.04. Prices will be accepted only from bidders whose unpriced technical offer is found acceptable during Phase 1.

Phase 2: PRICES WILL ONLY BE ACCEPTED IN THE SECOND PHASE DURING THE ONLINE REVERSE AUCTION BIDDING EVENT. If only one (1) responsive bid is received, the online reverse auction will be cancelled and the Division of Purchases, will request pricing from the vendor via email. The criteria that will be used to evaluate the offers at the conclusion of the online bidding event are located in section 5.00.

Reciprocal Preference will be given to the resident bidders per KRS 45A.494 prior to award.

1.0 - Specifications of Commodity

Vendor guarantees delivery of all requested items within ___________ calendar days after receipt of delivery order.

Document Phase Document Description Page 20

2700000117 Final Square Sign Posts Total Pages: 43 https://finance.ky.gov/eProcurement/Pages/procurement-laws-regulations-and-policies.aspx https://finance.ky.gov/eProcurement/Pages/doing-business-with-the-commonwealth.aspx mailto:tara.obannon@ebridgeprocurement.com

Items 1-10 must be tubular steel telescoping 12-gauge sign supports conforming to Section 832 – Sign Posts in the Kentucky Standard Specifications (Current Edition).

The length of each post is as specified in each line item, with a tolerance of +/- 1/4".

It must be possible to telescope all consecutive sizes of square tubes freely and for not less than ten feet of their length without the necessity of matching any particular face to any other face. All holes and ends must be free from burrs and ends are to be cut square.

Shipments will be randomly tested. A sample shall be considered to fail if its sides are not 90 degrees to each other.

The tolerance is 0.062" of twist per 3' length. Permissible variation in straightness is 1/16" in 3 feet.

Posts must be impactable from any approach angle and direction in a plane perpendicular to the longest axis of the post. Documentation of break-away properties may be required. The posts will be evaluated as a complete system and will be purchased as such.

All of the support hardware must be compatible with the break-away support system in every way including, but not limited to, material strength, material compatibility, and ease of use.

Delivery of the products will be made within the guaranteed delivery period following the receipt of a Transportation Delivery Order. Each Transportation Delivery Order will designate the point of destination and the appropriate invoice address. Delivery Orders placed in a manner other than hard copy will be confirmed as hard copy.

Shipping must be F.O.B. Destination to any location within the Commonwealth of Kentucky and will be indicated on each delivery order. See attached list for shipping locations.

1.01 - Required Insurance Coverage The awarded vendor(s) shall be responsible for maintaining, and not reducing, the following insurance coverages, types, and limits of liability. Further awarded vendor shall be able to produce evidence of insurance in compliance with (C) through the entire contract:

A. Commercial General Liability Insurance in accordance with minimum limits of liability of $1,000,000.00 per occurrence, $2,000,000.00 aggregate. The Commonwealth, in the Request for Solicitation, may require higher limits depending on the type of solicitation.

B. Additional Types of Insurance

1. Automobile Liability Insurance (If Applicable) Automobile Liability Insurance is required for delivery, onsite training, services or events in all situations where the Contractor must drive to any property where Commonwealth operations occur. With regard to delivery, if the items requested in this solicitation will be delivered by the awarded Contractor or Subcontractor, proof of Automobile Liability Insurance must be provided prior to award. If items will be delivered by common courier (USPS, FedEx, UPS, Old Dominion Freight Line, etc.), this requirement does not apply.

Document Phase Document Description Page 21

2700000117 Final Square Sign Posts Total Pages: 43

The Contractor or Subcontractor must provide a certificate of insurance coverage for any vehicle used in performance of this contract, whether owned, non-owned, or hired, or other vehicles utilized by the Contractor or Subcontractor.

Said policy of insurance to have a minimum coverage limit of $1,000,000.00 per occurrence combined single limit for bodily injury, including death, and property damage.

This requirement does not apply if the Contractor does not own, lease, or hire any automobiles to be used in connection with performance under any Contract resulting from this Solicitation.

C. Evidence of Insurance Coverage

The successful bidder shall provide evidence of insurance coverage as required. Failure to do so shall constitute a material breach of this Contract and may result in immediate cancellation of the Contract.

For all required insurance coverages, during the course of the Contract, the awarded vendor shall not be self-insured or utilize a Captive Insurer or a fronting policy that shifts risk back to the awarded vendor without prior written approval by the Office of the Controller of the Commonwealth.

Further, the awarded vendor shall not utilize an insurer or similar entity not in good standing with the Insurance Commissioner to fulfill the insurance requirements of the contract without prior written approval by the Office of the Controller of the Commonwealth.

Such approvals may require additional financial review, proof of funds, or bonding requirements sufficient for the risk associated with the services covered by the Contract, and approval or rejection is within the sole discretion of the Commonwealth’s Office of the Controller.

Contractor shall furnish the Certificate of Insurance prior to award and shall, upon request of the Commonwealth at any time during the contract term, provide a current, valid Certificate of Insurance.

Contractor and/or its insurer shall provide immediate notice of nonrenewal or cancellation of coverage during the course of the Contract.

All Certificates of Insurance must be signed by an authorized representative of the insurance agency, shall be in compliance with the laws of the Commonwealth of Kentucky, and shall be placed with a licensed resident or non-resident agent who represents insurance companies authorized to do business in Kentucky. The insurer shall have an AM Best rating of B+ or higher. Visit www.ambest.com for verification. Failure to meet this requirement may result in the bid being deemed non-responsive. A list of authorized companies can be found at https://insurance.ky.gov/ppc/ Company/Default.aspx.

A Certificate of Insurance (COI) on an ACORD form shall include the following:

# The certificate holder shall be listed as:

Kentucky Transportation Cabinet Division of Purchases

200 Mero Street, 4th Floor Frankfort, Kentucky 40622

# Endorsement of Additional Insured. Certificate of Insurance must contain the following language in the

Description of Operations box:

“The Commonwealth and its agents are Additional Insureds for the contract resulting from the solicitation. Additional insured protection afforded is on a primary and non-contributory basis.”

A copy of the Endorsement of Additional Insured must be submitted with the Certificate of Insurance.

# The contract number in the Description of Operations box.

Document Phase Document Description Page 22 http://www.ambest.com https://insurance.ky.gov/ppc/Company/Default.aspx https://insurance.ky.gov/ppc/Company/Default.aspx

D. Subcontractors If the contract allows for Subcontractors and utilizes Subcontractors, prior to the commencement of any work by a Subcontractor.

# The primary Contractor’s Certificate of Insurance must identify coverage that meets or exceeds the insurance requirements defined in this contract and that covers Subcontractor and its work in support of the Contract or the Subcontractor must submit and maintain a Certificate of Insurance that also meets or exceeds the insurance requirements of the Primary Contractor defined in this contract, with an Additional Insured Endorsement.

# KYTC reserves the right to request copies of all Subcontractor’s Certificate(s) of Insurance at any time.

Section 2 - Terms and Conditions of the Contract

2.00 – Scope of the Contract

The Kentucky Transportation Cabinet Division of Purchases issues this solicitation on behalf of the Division of Traffic to award a master agreement contract for: Square Sign Posts.

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 on September 30, 2027.

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:

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Division of Traffic and all Highway Districts

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

2.05 - Quantity Basis of Contract

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

2.06 - Exception to Required Use of Contract

The establishment of this Master Agreement is not intended to preclude the use of similar products when requested by the agency. The Commonwealth of Kentucky reserves the right to acquire large requirements through other competitive processes.

2.07 - Basis of Price Revisions

PRICE ADJUSTMENTS: Unless otherwise specified, the prices established by the Master Agreement shall be firm for the contract period subject to the following:

A. Price Increases: A price increase will not be allowed during the first twelve (12) months of the contract. 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

Document Phase Document Description Page 24 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

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:

Paige Grass

Kentucky Transportation Cabinet

Phone: 502-564-5243

E-mail: paigej.grass@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.

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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 – Payments

The Commonwealth will make payment within thirty (30) working days of receipt of Contractor's invoice and of acceptance of goods and/or services except when the agency has transmitted a rejection notice to the vendor in accordance with KRS 45.453 and KRS 45.454. For the purpose of this provision, a working day is any weekday except for Commonwealth employee holidays up to the agency close of business. The Commonwealth may make a partial payment of goods or services that it has received according to the terms of the contract.

Payments are predicated upon successful completion and acceptance of the described work, services, supplies, or commodities, and delivery of the required documentation. Invoices for payment shall be submitted to the agency contact person or agency representative and, except Personal Service Contract invoices, shall include the following information, as applicable:

(1) Contract and/or delivery order number;

(2) Name of Contractor Entity or Individual;

(3) Contractor designated point of contact;

(4) Unique Invoice Number;

(5) Invoice Date;

(6) Item numbers;

(7) Descriptions of goods or services provided;

(8) Sizes of goods provided;

(9) Quantities provided;

(10) Unit prices; and

(11) Extended totals (unit price x quantity) for invoiced line items.

For Personal Service Contracts, invoices must be submitted on the Personal Service Contract Invoice form established by the Government Contract Review Committee, available at:

https://apps.legislature.ky.gov/moreinfo/contracts/PSC%20INVOICE%20FORM.pdf

The Commonwealth will make a good faith effort to notify the Contractor within fifteen (15) working days of the Contractor’s failure to submit a proper invoice or a dispute of the goods or services provided. The Contractor shall address the Commonwealth’s concerns within ten (10) calendar days and resubmit a corrected invoice with a new invoice number for payment. If the Contractor has not rectified the problem with the invoice or the good or service within the ten (10) calendar day correction period, any revised submitted invoice shall be considered a new invoice with a new date of submission for calculation of any late payment penalty.

If the Commonwealth has not notified the Contractor of any issue with the invoice or the goods and/or services and the Contractor has not received payment by the twenty-fifth (25th) business day after the Contractor submitted

Document Phase Document Description Page 26 https://apps.legislature.ky.gov/moreinfo/contracts/PSC%20INVOICE%20FORM.pdf the invoice, the Contractor should notify its Commonwealth contract representative that its invoice is still pending payment.

Except as otherwise explicitly provided in the contract, payments shall be issued to the Contractor within thirty (30) working days of receipt of Contractor's invoice or of acceptance of goods and/or services. In the event of an invoice payment dispute between the Contractor and purchasing agency, the Contractor shall first attempt resolution of the dispute via submission to the purchasing agency in accordance with the payment dispute process posted on the Finance and Administration Cabinet website, located at:

https://finance.ky.gov/office-of-the-secretary/office-of-general-counsel/Pages/procurement-and-protest-resources.aspx

If submission to the purchasing agency fails to resolve the payment dispute, the Contractor may submit a contract dispute regarding payment to the Finance Secretary for resolution. In accordance with KRS 45.454, and except as provided by KRS 371.405, there shall be payable to the Contractor a penalty of one-percent (1%) on any undisputed amount each month or fraction thereof owing to the Contractor after 30 working days following the receipt of the goods or services and receipt of the invoice unless otherwise agreed between the Commonwealth and the Contractor. After a resolution is determined, the purchasing agency shall begin to assess penalties due the Contractor and remit the penalty payment to the Contractor within ten (10) working days.

2.16 - 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.

2.17 - 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.

2.18 - 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.

2.19 - Assignment

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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.

2.20 – 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.

2.21 - 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.

2.22 - 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.

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

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

KRS 14A.9-030.

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

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

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

Businesses can register with the Secretary of State at https://onestop.ky.gov/Pages/default.aspx

2.24 – 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:

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(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.

2.25 - 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.

2.26 -…