Final_RFB_605_2700000131_1_SO_FORM.PDF

Document ID: RFB 605 2700000131 Page: 1

Commonwealth of Kentucky

SOLICITATION

Modification: No Version #:

TITLE: HIGHWAY MATERIAL SPREADERS

Date Issued:

09/17/2026 Record Date:

09/17/2026

Solicitation Closes Date:

10/09/2026 Time:

13:30

Solicitation No:

RFB 605 2700000131

Online Bidding Prohibited: No

For Information Call:

Nick Cavender 502-782-3979

Bid Receiving Location:

Bid Receiving

See Terms & Conditions for Bid Submission Instructions

Other KY

Vendor Customer Number:

Vendor Name:

Phone Number:

Fax Number:

Email Address:

Ordering

Address:

City, State, Zip:

Contact Name:

Contact Email:

Contact Phone Number:

Payment

Address:

City, State, Zip:

Contact Name:

Contact Email:

Contact Phone Number:

Ownership Type

__ Sole Proprietorship __ Partnership __ Corporation __ Other_________________________

SIGNATURE OF AUTHORIZED AGENT IS REQUIRED UNLESS RESPONSE

IS SUBMITTED ELECTRONICALLY. FAILURE TO SIGN SHALL RENDER

THE BID INVALID.

Signature X_________________________________________ FEIN#____________________ Date____________

All offers subject to all terms and conditions contained in this solicitation.

Document ID: RFB 605 2700000131 Page: 2

Line Items

Commodity Group: Default Commodity Group

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

1 13.0 CU YD SPREADER 6.00000 EA

Comm Code Comm Description Manufacturer Model # Manuf Part #

76566 Spreaders, Truck Mounted (For Aggregates, Ice Control Materi

Extended Description

13.0 CU YD SPREADER

This is a request for a Master Agreement.

Quantities listed are only estimates Specifications are attached.

***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.

2 OFFSET CHUTE OPTION FOR LINE ITEM

1.00000 EA

OFFSET CHUTE OPTION FOR LINE ITEM 1-SEE ATTACHED SPECIFICATIONS

3 TANK UPGRADE OPTION FOR LINE

ITEM 1

TANK UPGRADE OPTION FOR LINE ITEM 1-SEE ATTACHED SPECIFICATIONS

Document ID: RFB 605 2700000131 Page: 3

4 16.0 CU YD SPREADER 3.00000 EA

16.0 CU YD SPREADER-SEE ATTACHED SPECIFICATIONS

5 OFFSET CHUTE OPTION FOR LINE ITEM

OFFSET CHUTE OPTION FOR LINE ITEM 4-SEE ATTACHED SPECIFICATIONS

6 TANK UPGRADE OPTION FOR LINE

ITEM 4

TANK UPGRADE OPTION FOR LINE ITEM 4-SEE ATTACHED SPECIFICATIONS

7 PARTS 1.00000 EA

PARTS

Vendor to provide a percentage (%) discount on the manufacturer's list price for parts.

Document ID: RFB 605 2700000131 Page: 4

Shipping Information KYTC Division of Equipment - Receiving Shop

1239 Wilkinson Blvd

Frankfort KY 40601

Billing Information KYTC Division of Equipment

1234 Wilkinson Blvd

Frankfort KY 40601

Document ID: RFB 605 2700000131 Page: 5

Submission Checklist

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

Item Bidder with the lowest bid receives maximum score.

95 Points Bidder with the lowest delivery time receives maximum score.

5 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.

PUBLIC BID READINGS

Any person wishing to hear a bid reading may call our conference line at 502-564-4495, Enter the Conference ID Code 240522126# and

Participant Code 228420#, 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 2.23)

Document Phase Document Description Page 6

2700000131 Final HIGHWAY MATERIAL SPREADERS Total Pages: 34 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

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

_____ EQUIPMENT SPECIFICATION/PRODUCT LITERATURE

_____ OTHER REQUIRED DOCUMENTS

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

1.0 - Specifications of Commodity

ITEM 1 - 13 CU. YD. STAINLESS STEEL HOPPER SPREADER WITH LIQUID CALCIUM DISPENSER WITH CENTER DISCHARGE (for Large Tandem Dumps)

GENERAL: It is the intent and purpose of this specification to describe the minimum requirements for a 13.0 cubic yard hopper type material spreader for spreading granular and liquid deicing materials on the highway. All components of the spreader shall be of type 304 stainless steel construction with the exception of conveyor chain, top screens, motors/gearboxes, main drive sprocket, and rear idler and liquid calcium tanks. The unit shall be designed for placement in a 10 to 12 cubic yards dump body of a tandem axle dump truck. (See attached sketch for truck body details.) Unit shall be constructed and assembled* in first class quality and workmanship (e.g. no torch-cut holes) and shall be delivered assembled and ready for installation. The spreader shall be capable of uniformly spreading granular salt at rates from 250 lbs. to 1200 lbs. per 2-lane mile at speeds of 10 to 30 MPH.

*Material drop chute, deflectors, and spinner assembly may be provided in a “ready-to-install” configuration that can be installed by state personnel after delivery.

BODY: The hopper shall be all welded construction, of new 12 gauge minimum, type 304 stainless steel sheet material, including the sides, ends and side supports. The top rim shall be double crimped to form a 2" box for rigidity. The body side supports shall be spaced on 24" centers and extend from the floor to the top of the tapered side, and reinforced.

Cross sills shall be constructed of formed 10-gauge 304 stainless steel channel and welded to the bottom of each side support. Longitudinal shall be 10-gauge 304 stainless steel. Body sides shall have a slope of at least 45 degrees for easy flow of material to the conveyor chain. A stainless steel inverted "V" shall be provided above floor of hopper.

Units shall be equipped with a hinged type protective cover grill of 2-1/2" x 2-1/2" x 5/16" mild steel screen elevated in the center, to keep large objects from entering the box. A stainless-steel H-beam I-beam or box-beam shall provide a longitudinal brace for the two ends, and also a hinge point for the screens.

DUAL AUGER: Twin 7” diameter variable pitch augers with a direct drive motor coupled to the end of the auger shafts. Connection in front of auger will be achieved with a 2” four bolt flange bearing.

Document Phase Document Description Page 7

2700000131 Final HIGHWAY MATERIAL SPREADERS Total Pages: 34 https://finance.ky.gov/eProcurement/Pages/procurement-laws-regulations-and-policies.aspx https://finance.ky.gov/eProcurement/Pages/doing-business-with-the-commonwealth.aspx

SPINNER ASSEMBLY: The spinner assembly shall be constructed on 10-gauge 304 stainless steel with four adjustable positions. The four bottom deflectors are to be over-lapping to prevent loss of material when the deflectors are raised, the bottom over-lapping deflectors shall have four positions of rod and pin adjustment without tools, chain deflectors are not acceptable. Poly 20” diameter spinner disc to have a replaceable hub and spinner hydraulic motor will be mounted to the bottom of the spinner disc.

FEEDGATE CONTROL: Unit shall have an adjustable control for the amount of material being discharged and maintain a fixed, self-locking setting.

LIFT HOOKS: Unit shall have four (4) lift hooks, at least 5/8" steel rod, one located at each corner of the hopper.

DUMP BODY MOUNTING: Spreader shall have capability of being secured to dump body to prevent the spreader body from bouncing or sliding during travel. A channel or 3 inch by 3 inch by ½ inch (minimum size) stainless steel member shall extend to the side of the dump body and shall lock on the tailgate locks to prevent movement of the spreader.

ELECTRIC LIQUID DE-ICING DISPENSER UNIT: The liquid calcium dispensing unit shall be capable of spraying liquid calcium chloride, magnesium chloride, glycol, liquid urea, and other deicing solutions along with the salt being discharged from the hopper spreader. The system shall operate in conjunction with ground speed-oriented spreader controls, providing LINEAR chemical flow at vehicle speeds ranging from 3 to 50 MPH. The system shall be complete with liquid spray pump, nozzle kit, liquid reservoirs, and necessary hoses and fittings to make a complete system. Pump shall be 12 Volt DC electric, 7 Amp, 1.8 gallon per minute, 60 PSI max, and two ½ inch hose barbs for supply and delivery. (Shurflo 8000-543-236 or equivalent) The liquid feed system shall incorporate an excess liquid return line to the tank. All liquid spray system components shall be rated for at least 150 PSI working pressure.

The pump shall be enclosed in a polyethylene or stainless-steel weather tight enclosure. The enclosure shall have stainless steel hinges (if hinged), lockable front panel for easy access to all components. Two (2) brass spray nozzles designed to maintain a 120-degree fan spray throughout the system’s chemical flow rates and all necessary mounting hardware shall be provided. An electrical cab-mounted on/off switch with indicator light shall provide system control.

The system shall also have a (red) light to indicate when the liquid level is low, utilizing a float type level sensor.

In addition, an audible buzzer and system shutdown relay shall be included in the circuitry. There shall be two (2) polyethylene molded reservoirs with a minimum capacity of 60 gallons each complete with replaceable tank fittings, line screen strainer, shut off valves, vent fixtures, and mounting hardware. Stainless Steel hose clamps shall be used to secure hosing. A single fill point shall allow for filling of both product reservoir tanks. The fill point shall use a 1.5” female disconnect and shall be a “bottom fill” system. The fill line shall have two (2) shut-off valves (one at each tank) provided in close proximity to each tank. The reservoirs shall have one side formed at an angle similar to the side of the hopper angle to allow for compact mounting to the side of the V-box. NOTE: dump body has 2" radius, floor to sides. The pump enclosure box shall be mounted at or near the rear of the installed hopper to provide easy access during operation. Prior to delivery the Calcium Chloride tanks and related plumbing shall be checked using water to insure the absence of leaks and the chain drive mechanism checked for proper alignment and smooth operation.

HOLD-DOWNS: Four hold-down devices, two each side shall be furnished. Hold-down pockets shall be spaced from the front of hopper and the rear of the hopper to properly tie-down hopper to truck body. The pockets shall be constructed of stainless steel; they may be notched to secure a 3/8-inch chain. Each hopper shall be supplied with 15 feet of 3/8 inch Grade 70 Transport chain and four binders.

Document Phase Document Description Page 8

2700000131 Final HIGHWAY MATERIAL SPREADERS Total Pages: 34

BEACON LIGHTS: Unit shall include a beacon light mounted to both rear corners. Light shall be Trucklite model 300A or equivalent.

MISCELLANEOUS: All hydraulic hoses shall be rated at 2,500 PSI and shall be provided as a unit and of such length to connect to the truck’s central hydraulic system Quick Disconnect panel located at the rear frame end of the truck.

Hose sizes minimum: auger drive 1/2" I.D., spinner drive 1/2" I.D., return 5/8" I.D. Stainless steel quick disconnect couplings shall be provided for hoses as follows: Parker Series 60 valved nipples - Spinner connector is 1/2"; Conveyor drive connector is 3/4"; Return connector is 1". All necessary hoses and attaching parts are to be furnished. These parts are to be individually boxed so that one- (1) complete unit's necessary parts are together. Each unit shall also contain a set of installation instructions to insure proper installation. Unit to contain any other equipment not specifically mentioned, but necessary, to make a COMPLETE and WORKABLE unit.

STANDARD LEG STAND: Unit shall be equipped with a stainless-steel leg stand suitable for a 13.0 Cu Yd Hopper.

ITEM 2 – OFFSET CHUTE OPTION FOR LINE ITEM 1

Vendor shall bid this option as an upcharge for an offset chute in lieu of the center discharge chute requested in Line Item 1 and include any necessary upgrades to the leg stand.

ITEM 3 – TANK UPGRADE OPTION FOR 13.0 CU. YD HOPPER

This item is to request to increase tank capacity size to two (2) 230-gallon tanks with stainless steel mounting for a

13.0 cu. yd. hopper.

ITEM 4 - 16 CU. YD. STAINLESS STEEL HOPPER SPREADER WITH LIQUID CALCIUM DISPENSER WITH CENTER DISCHARGE (for Tri-Axle Dump Trucks)

GENERAL: It is the intent and purpose of this specification to describe the minimum requirements for a 16.0 cubic yard hopper type material spreader for spreading granular and liquid deicing materials on the highway. All components of the spreader shall be of type 304 stainless steel construction with the exception of conveyor chain, top screens, motors/gearboxes, main drive sprocket, and rear idler and liquid calcium tanks. The unit shall be designed for placement in a dump body of a tri-axle dump truck. (See attached sketch for truck body details.) Unit shall be constructed and assembled* in first class quality and workmanship (e.g. no torch-cut holes) and shall be delivered assembled and ready for installation. The spreader shall be capable of uniformly spreading granular salt at rates from 250 lbs. to 1200 lbs.

per 2-lane mile at speeds of 10 to 30 MPH.

*Material drop chute, deflectors, and spinner assembly may be provided in a “ready-to-install” configuration that can be installed by state personnel after delivery.

BODY: The hopper shall be all welded construction, of new 12 gauge minimum, type 304 stainless steel sheet material, including the sides, ends and side supports. The top rim shall be double crimped to form a 2" box for rigidity. The body side supports shall be spaced on 24" centers and extend from the floor to the top of the tapered side, and reinforced.

Cross sills shall be constructed of formed 10-gauge 304 stainless steel channel and welded to the bottom of each side support. Longitudinals shall be 10-gauge 304 stainless steel. Body sides shall have a slope of at least 45 degrees for

Document Phase Document Description Page 9 easy flow of material to the conveyor chain. A stainless steel inverted "V" shall be provided above floor of hopper.

Unit shall be equipped with a hinged type of protective cover grill of 2-1/2" x 2-1/2" x 5/16" mild steel screen elevated in the center, to keep large objects from entering the box. A stainless-steel H-beam I-beam or box-beam shall provide a longitudinal brace for the two ends, and also a hinge point for the screens.

DUAL AUGER: Twin 7” diameter variable pitch augers with a direct drive motor coupled to the end of the auger shafts. Connection in front of auger will be achieved with a 2” four bolt flange bearing.

SPINNER ASSEMBLY: The spinner assembly shall be constructed on 10-gauge 304 stainless steel with four adjustable positions. The four bottom deflectors are to be over-lapping to prevent loss of material when the deflectors are raised, the bottom over-lapping deflectors shall have four positions of rod and pin adjustment without tools, chain deflectors are not acceptable. Poly 20” diameter spinner disc to have a replaceable hub and spinner hydraulic motor will be mounted to the bottom of the spinner disc.

FEEDGATE CONTROL: Unit shall have adjustable control for the amount of material being discharged and to maintain a fixed, self-locking setting.

LIFT HOOKS: Unit shall have four (4) lift hooks, at least 5/8" steel rod, one located at each corner of the hopper.

DUMP BODY MOUNTING: Spreader shall have capability of being secured to dump body to prevent the spreader body from bouncing or sliding during travel. A channel or 3 inch by 3 inch by ½ inch (minimum size) stainless steel member shall extend to the side of the dump body and shall lock on the tailgate locks to prevent movement of the spreader.

ELECTRIC LIQUID DE-ICING DISPENSER UNIT: The liquid calcium dispensing unit shall be capable of spraying liquid calcium chloride, magnesium chloride, glycol, liquid urea, and other deicing solutions along with the salt being discharged from the hopper spreader. The system shall operate in conjunction with ground speed-oriented spreader controls, providing LINEAR chemical flow at vehicle speeds ranging from 3 to 50 MPH. The system shall be complete with liquid spray pump, nozzle kit, liquid reservoirs, and necessary hoses and fittings to make a complete system. Pump shall be 12 Volt DC electric, 7 Amp, 1.8 gallon per minute, 60 PSI max, and two ½ inch hose barbs for supply and delivery. (Shurflo 8000-543-236 or equivalent) The liquid feed system shall incorporate an excess liquid return line to the tank. All liquid spray system components shall be rated for at least 150 PSI working pressure.

The pump shall be enclosed in a polyethylene or stainless-steel weather tight enclosure. The enclosure shall have stainless steel hinges (if hinged), lockable front panel for easy access to all components. Two (2) brass spray nozzles designed to maintain a 120-degree fan spray throughout the system’s chemical flow rates and all necessary mounting hardware shall be provided. An electrical cab-mounted on/off switch with indicator light shall provide system control.

The system shall also have a (red) light to indicate when the liquid level is low, utilizing a float type level sensor.

In addition, an audible buzzer and system shutdown relay shall be included in the circuitry. There shall be two (2) polyethylene molded reservoirs with a minimum capacity of 60 gallons each complete with replaceable tank fittings, line screen strainer, shut off valves, vent fixtures, and mounting hardware. Stainless Steel hose clamps shall be used to secure hosing. A single fill point shall allow for filling of both product reservoir tanks. The fill point shall use a 1.5” female disconnect and shall be a “bottom fill” system. The fill line shall have two (2) shut-off valves (one at each tank) provided in close proximity to each tank. The reservoirs shall have one side formed at an angle similar to the side of the hopper angle to allow for compact mounting to the side of the V-box. NOTE: dump body has 2" radius, floor to sides. The pump enclosure box shall be mounted at or near the rear of the installed hopper to provide easy access during operation. Prior to delivery the Calcium Chloride tanks and related plumbing shall be checked using water to ensure the absence of leaks and the chain drive mechanism checked for proper alignment and smooth operation.

Document Phase Document Description Page 10

HOLD-DOWNS: Four hold-down devices, two each side shall be furnished. Hold-down pockets shall be spaced from the front of hopper and the rear of the hopper to properly tie-down hopper to truck body. The pockets shall be constructed of stainless steel; they may be notched to secure a 3/8-inch chain. Each hopper shall be supplied with 15 feet of 3/8 inch Grade 70 Transport chain and four binders.

BEACON LIGHTS: Unit shall include a beacon light mounted to both rear corners. Light shall be Trucklite model 300A or equivelant.

MISCELLANEOUS: All hydraulic hoses shall be rated at 2,500 PSI and shall be provided as a unit and of such length to connect to the truck’s central hydraulic system Quick Disconnect panel located at the rear frame end of the truck.

Hose sizes minimum: auger drive 1/2" I.D., spinner drive 1/2" I.D., return 5/8" I.D. Stainless steel quick disconnect couplings shall be provided for hoses as follows: Parker Series 60 valved nipples - Spinner connector is 1/2"; Conveyor drive connector is 3/4"; Return connector is 1". All necessary hoses and attaching parts are to be furnished. These parts are to be individually boxed so that one- (1) complete unit's necessary parts are together. Each unit shall also contain a set of installation instructions to ensure proper installation. Unit to contain any other equipment not specifically mentioned, but necessary, to make a COMPLETE and WORKABLE unit.

STANDARD LEG STAND: Unit shall be equipped with a stainless-steel leg stand suitable for a 16.0 Cu Yd Hopper.

ITEM 5 – OFFSET CHUTE OPTION FOR LINE ITEM 4

Vendor shall bid this option as an upcharge for an offset chute in lieu of the center discharge chute requested in Line Item 4.

ITEM 6 – TANK UPGRADE OPTION FOR 16.0 CU. YD HOPPER

This item is to request to increase tank capacity size to two (2) 230-gallon tanks with stainless steel mounting for a

16.0 cu. yd. hopper.

THE FOLLOWING IS APPLICABLE TO ALL UNITS:

PAINT: All stainless-steel material shall be left unpainted. Carbon steel components shall be thoroughly cleaned and fully primed with rust inhibitor type primer and painted with at least two (2) coats of black, lead-free acrylic enamel.

MANUALS: At least one (1) operator’s service, and parts manual shall be furnished with each unit at time of delivery.

WARRANTY: The units shall be fully warranted against defective materials and workmanship for a period of one

(1) year. Warranty card shall be provided with each unit noting unit serial number.

Document Phase Document Description Page 11

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

ITEM 7 - PARTS

Vendor to provide a percentage (%) discount on the manufacturer's list price for parts.

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.

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.

Document Phase Document Description Page 12

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:

o The certificate holder shall be listed as:

Kentucky Transportation Cabinet Division of Purchases

200 Mero Street, 4th Floor Frankfort, Kentucky 40622 o 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.

o The contract number in the Description of Operations box.

D. Subcontractors

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

o 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.

o 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 Equipment to award a master agreement contract for: Highway Material Spreaders.

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;

Document Phase Document Description Page 13

2700000131 Final HIGHWAY MATERIAL SPREADERS Total Pages: 34 http://www.ambest.com https://insurance.ky.gov/ppc/Company/Default.aspx https://insurance.ky.gov/ppc/Company/Default.aspx

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 10/31/2027.

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: Division of Equipment

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

Document Phase Document Description Page 14 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

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:

Nick Cavender

Division of Purchases

Kentucky Transportation Cabinet

Phone: 502-782-3979

E-mail: Nicholas.Cavender@ky.gov

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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.

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

Document Phase Document Description Page 16 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 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.

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2700000131 Final HIGHWAY MATERIAL SPREADERS Total Pages: 34 https://apps.legislature.ky.gov/moreinfo/contracts/PSC%20INVOICE%20FORM.pdf https://finance.ky.gov/office-of-the-secretary/office-of-general-counsel/Pages/procurement-and-protest-resources.aspx https://finance.ky.gov/office-of-the-secretary/office-of-general-counsel/Pages/procurement-and-protest-resources.aspx

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

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

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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:

(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…