Final_RFP_605_2100000291_3_SO_FORM.PDF

Document ID: RFP 605 2100000291 Page: 1

Commonwealth of Kentucky

SOLICITATION MODIFICATION

Addenda: Yes Addenda #: 3

TITLE: Retrofit Snow/Ice Trucks Districts 2, 4 and 6

Date Issued:

5/27/21 Record Date:

2021-05-27

Solicitation Closes Date:

6/9/21 Time:

15:30

Solicitation No:

RFP 605 2100000291

Online Bidding Prohibited: Yes

For Information Call:

Jennifer Houchin 502-782-3977

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: RFP 605 2100000291 Page: 2

Line Items

Commodity Group: Default Commodity Group

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

1 Retrofit Snow and Ice Trucks: Grant County 3.00000 EA

Comm Code Comm Description Manufacturer Model # Manuf Part #

96872 Snow and Ice Removal Services

Extended Description Location Base of Operations: Grant County Total Number of units requested: 3 Tandem Trucks with 12 Foot Plow

Do not Enter prices on this line item. Vendor must enter all prices on Attachment A - Cost Proposal

2 Retrofit Snow and Ice Trucks: Harrison County 2.00000 EA

Extended Description Location Base of Operations: Harrison County Total Number of units requested: 2 Tandem Trucks with 12 Foot Plow

3 Retrofit Snow and Ice Trucks: Boone County 8.00000 EA

Extended Description Location Base of Operations: Boone County Total Number of units requested: 8 Tandem Trucks with 12 Foot Plow

Document ID: RFP 605 2100000291 Page: 3

4 Retrofit Snow and Ice Trucks: Kenton County 10.00000 EA

Extended Description Location Base of Operations: Kenton County Total Number of units requested: 10 Tandem Trucks with 12 Foot Plow

5 Retrofit Snow and Ice Trucks: Ohio County 4.00000 EA

Extended Description Location Base of Operations: Ohio County Total Number of units requested: 4 Tandem Trucks with 12 Foot Plow

6 Retrofit Snow and Ice Trucks: Hardin County 1.00000 EA

Extended Description Location Base of Operations: Hardin County Total Number of units requested: 1 Tandem Truck with 12 Foot Plow

Document ID: RFP 605 2100000291 Page: 4

7 Retrofit Snow and Ice Trucks: Hart County 2.00000 EA

Extended Description Location Base of Operations: Hart County Total Number of units requested: 2 Tandem Trucks with 12 Foot Plow

Shipping Information Various Shipping

See Extended Description

Various KY

Billing Information KYTC District 6 - Covington District Office

421 Buttermilk Pike

Covington KY 41017-0130

Document ID: RFP 605 2100000291 Page: 5

Submission Checklist

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

Item Cost Company Information and Business Plan Experience Personnel and Equipment Oral Presentation (if required)

Revised February 2021

5/27/2021 – Addendum #2 to remove Sheet 1 from the Cost Proposal and Technical Proposal Spreadsheet.

No other changes have been made.

5/26/2021 - Addendum #1 to add additional counties to the cost and technical proposal, increase the yearly retrofit to $30,000 and change the closing date to June 9, 2021.

Adding the following trucks:

District 6 - Boone Co – 8 trucks District 6 - Kenton Co – 10 trucks District 2 – Ohio Co – 4 trucks District 4 – Hardin Co – 1 truck District 4 – Hart Co – 2 trucks

Bids in excess of $30,000.00 may be considered excessive and may not be considered for award of Master Agreement.

Bid Closing date has been changed to June 9, 2021 at 3:30 pm

No other changes have been made.

ELECTRONIC PROPOSAL SUBMISSION CHECKLIST

Proposals shall be submitted via MoveIt/Secure File Transfer on https://ftp.ky.gov ONLY. See SECTION 60.5 for additional information. Do not submit proposals more than one (1) time.

Complete instructions for MoveIt/Secure File Transfer are provided on Attachment C.

Proposals shall be submitted in three (3) parts: The Technical Proposal, the Cost Proposal, and Proprietary Information. Each part shall consist of one document. Do not submit multiple documents as

Technical, Cost or Proprietary. All files shall be labeled accordingly.

The vendor MUST include the following with the proposal submission.

If the items highlighted below are not submitted with the proposal submission, the Commonwealth MUST deem the proposal non-responsive and

SHALL NOT consider for award.

Document Description Page 6

2100000291 Retrofit Snow/Ice Trucks Districts 2, 4 and 6 https://ftp.ky.gov

All other items MUST be submitted prior to award.

_____ *PROPOSED TECHNICAL SOLUTION – Vendors must include all information outlined in 60.7 (Company Information & Business Plan, Experience, and Personnel & Equipment) including Attachment G

_____ *PROPOSED COST – Vendor must complete Attachment A “Cost Proposal”

_____ TRANSMITTAL LETTER CHECKLIST [see Section 60.6(A), ATTACHMENT D]

_____ CERTIFICATE OF AUTHORITY- REGISTRATION WITH SECRETARY OF

STATE BY A FOREIGN ENTITY [see Section 60.6 (D)]

_____ REQUIRED ANNUAL AFFIDAVIT [ATTACHMENT B]

Request for Proposal (RFP)

For Retrofit Trucks D6

RFP 605 2100000291

Release Date: May 11, 2021 CLOSING DATE AND TIME June 9, 2021 at 3:30pm EST

(See Section 10.9 of this RFP for the Estimated Schedule of RFP Activities)

Document Description Page 7

Issued by

The Kentucky Transportation Cabinet

Commonwealth Buyer:

Jennifer Houchin, CPPB

COMMONWEALTH OF KENTUCKY

Kentucky Transportation Cabinet

Division of Purchases 200 Mero Street

FRANKFORT KY 40601

(502) 782-3977

Jennifer.Houchin@ky.gov

TABLE OF CONTENTS

Proposal Submission Checklist Section 10 – Introduction and Overview Section 20 – Background and Present System Summary Section 30 – NOT APPLICABLE TO THIS PROCUREMENT Section 40 – Procurement Requirements Section 50 – Scope of Work Section 60 – Proposal Submission Section 70 – Proposal Evaluation Section 80 – Negotiations Section 90 – Attachments

SECTION 10 – Introduction and Overview

10.1 Purpose

The purpose of this Request for Proposal (RFP) is to solicit proposals for competitive negotiations pursuant to 200 KAR 5:307. Retrofit Trucks for snow and ice removal to be used on Interstates, Parkways and other major arterial routes in Grant, Harrison, Boone, Kenton, Ohio, Hardin and Hart Counties.

10.2 Issuing Office

The Kentucky Transportation Cabinet, Division of Purchases, is issuing this RFP on behalf of the Division of Maintenance and Highway District 2, 4 and 6. The

Document Description Page 8

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

A contract, based on this RFP, may or may not be awarded. Any contract award from this RFP is invalid until properly approved and executed by the Division of Purchases.

10.3 Access to Solicitation, RFP, and Addenda

The Commonwealth wants each prospective vendor to have full and complete information on which to base a proposal response. Only information presented or referred to in this RFP and any additional written information that is supplied by the Commonwealth Buyer shall be used by vendors in preparing the response.

The solicitation, addenda, and attachments shall be posted to the Kentucky Vendor Self Service link at https://emars311.ky.gov/webapp/vssprdonline3111d/ AltSelfService

It is not necessary to register to access the solicitation. Unregistered vendors can access solicitations by clicking on public access.

In the event of any conflict or variation between the solicitation or modification as issued by the Commonwealth and the vendor’s response, the version as issued shall prevail.

10.4 RFP Terminology

For the purpose of this RFP, the following terms may be used interchangeably:

o Proposer, Offeror, Contractor, Provider, or Vendor o Commonwealth Buyer, Buyer, Purchaser, or Contract Officer o RFP, Solicitation, or Procurement o Bid, Proposal, or Offer o Commonwealth of Kentucky, Commonwealth, or State, Agency, Kentucky Transportation Cabinet.

o Fiscal Year will be defined as the Commonwealth fiscal year: July 1 through June 30 o Biennium will be defined as the Commonwealth biennium: July

1 of each even numbered year through June 30 of the next even numbered year o Requirements that include the words “Shall”, “Will”, “Must” indicate a mandatory requirement

10.5 Restrictions on Communications

The Commonwealth Buyer named on the Cover Sheet of this RFP shall be the sole point of contact throughout the procurement process. All communications, Document Description Page 9

2100000291 Retrofit Snow/Ice Trucks Districts 2, 4 and 6 https://emars311.ky.gov/webapp/vssprdonline3111d/AltSelfService oral and written (regular, express, or electronic mail,), concerning this procurement shall be addressed to the Buyer.

For violation of this provision, the Commonwealth shall reserve the right to disqualify the vendors’ proposal response.

10.6 Written Questions Regarding this RFP

Vendors are encouraged to submit written questions pursuant to Section 10.9 of this RFP. Written questions shall be submitted to the Commonwealth Buyer via email at Jennifer.Houchin@ky.gov. No questions shall be accepted after the date(s) listed in Section 10.9 unless the question(s) is considered material to the procurement. The Commonwealth shall respond to salient questions in writing by issuing an addendum to the solicitation. The addendum shall be posted to the Kentucky Vendor Self Service site.

10.7 Notification of Award of Contract

The procurement process will provide for the evaluation of proposals and selection of the successful proposal in accordance with State law and regulations. KRS Chapter 45A of the Kentucky Model Procurement Code provides the regulatory framework for the procurement of services by State agencies.

All applicable statutes, regulations, policies and requirements shall become a part of an award as well as the Information Technology requirements.

The Commonwealth Buyer will email a Notification of Award to all vendors who submitted a proposal in response to the RFP. No other notification of the results of an award of contract will be provided.

For additional award information, vendors may email the Commonwealth Buyer.

10.8 Protest

Pursuant to KRS 45A.285, the Secretary of the Finance and Administration Cabinet, or his designee, shall have authority to determine protests and other controversies of actual or prospective offerors in connection with the solicitations or selection for award of a contract.

Any actual or prospective offeror or contractor, who is aggrieved in connection with solicitation or selection for award of a contract, may a file protest with the Secretary of the Finance and Administration Cabinet. A protest or notice of other controversy must be filed promptly and in any event within two (2) calendar weeks after such aggrieved person knows or should have known of the facts

Document Description Page 10 giving rise thereto. All protests or notices of other controversies must be in writing and shall be addressed and mailed to:

Holly M. Johnson, Secretary

COMMONWEALTH OF KENTUCKY

FINANCE AND ADMINISTRATION CABINET

New Capitol Annex

702 CAPITOL AVE RM 383

FRANKFORT KY 40601

The Secretary of Finance and Administration Cabinet shall promptly issue a decision in writing. A copy of that decision shall be mailed or otherwise furnished to the aggrieved party and shall state the reasons for the action taken.

The decision by the Secretary of the Finance and Administration Cabinet shall be final and conclusive.

10.9 Estimated Schedule of RFP Activities

The following table presents the anticipated schedule for major activities associated with the RFP distribution, proposal submission, proposal evaluation process, and contract award. The Commonwealth reserves the right at its sole discretion to change the Schedule of Activities, including the associated dates and times.

Anticipated Schedule of Activities

Release of RFP

5/11/2021

Vendors’ Written Questions due by 12:00 PM EST

5/21/2021

Commonwealth’s Response to Vendors’ Written Questions

5/27/2021

Proposals due by 3:30 PM EST

6/3/2021 section 20 – background and present system summary

20.1 Background

The Transportation Cabinet contracts for Retrofit Snow and Ice Trucks throughout the Commonwealth of Kentucky to assist our state forces in snow/ice removal and salting operations during the winter season.

Document Description Page 11 section 30 – NOT APPLICABLE TO THIS PROCUREMENT section 40 – procurement Requirements

40.1 Procurement Requirements

Procurement requirements are listed under “Procurement Laws, Preference, Regulations and Policies” and “Response to Solicitation” located on the eProcurement Web page at https://finance.ky.gov/services/ eprocurement/Pages/LawsPrefRegsPolicies.aspx and https://emars311.ky.gov/ webapp/vssprdonline3111d/AltSelfService respectively. The vendor must comply with all applicable statutes, regulations and policies related to this procurement.

40.2 Contract Components and Order of Precedence

The Commonwealth’s acceptance of the contractor’s offer in response to the solicitation, indicated by the issuance of a contract award by the KYTC Division of Purchases, shall create a valid contract between the Parties consisting of the following:

1. Procurement Statutes, Regulations and Policies

2. Any written Agreement between the Parties;

3. Any Addenda to the Solicitation;

4. The Solicitation and all attachments

5. Any Best and Final Offer;

6. Any clarifications concerning the Contractor’s proposal in response to the Solicitation;

7. The Contractor’s proposal in response to the Solicitation.

In the event of any conflict between or among the provisions contained in the contract, the order of precedence shall be as enumerated above.

40.3 Final Agreement

The contract represents the entire agreement between the parties with respect to the subject matter hereof. 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.

40.4 Contract Provisions

If any provision of this contract (including items incorporated by reference) is declared or found to be illegal, unenforceable, or void, then both the Commonwealth and the contractor shall be relieved of all obligations arising under such provision. If the remainder of this contract is capable of performance, it shall not be affected by such declaration or finding and shall be fully performed.

Document Description Page 12

2100000291 Retrofit Snow/Ice Trucks Districts 2, 4 and 6 https://finance.ky.gov/services/eprocurement/Pages/LawsPrefRegsPolicies.aspx https://finance.ky.gov/services/eprocurement/Pages/LawsPrefRegsPolicies.aspx

40.5 Type of Contract

The contract proposed in response to this solicitation shall be on the basis of a firm fixed unit price for the elements listed in this solicitation. This solicitation is specifically not intended to solicit proposals for contracts on the basis of cost-plus, open-ended rate schedule, nor any non-fixed price arrangement.

40.6 Contract Usage

As a result of this RFP, the contractual agreement with the selected vendor will in no way obligate the Commonwealth of Kentucky to purchase any services or equipment under this contract. The Commonwealth agrees, in entering into any contract, to purchase only such services in such quantities as necessary to meet the actual requirements as determined by the Commonwealth.

40.7 Addition or Deletion of Items or Services

The KYTC Division of Purchases reserves the right to add new and similar items, by issuing a contract modification, to this contract with the consent of the vendor.

Until such time as the vendor receives a modification, the vendor shall not accept delivery orders from any agency referencing such items or services.

40.8 Changes and Modifications to the Contract

Pursuant to KRS 45A.210 (1) and 200 KAR 5:311, no modification or change of any provision in the contract shall be made, or construed to have been made, unless such modification is mutually agreed to in writing by the contractor and the Commonwealth, and incorporated as a written amendment to the contract and processed through the KYTC Division of Purchases and approved by the Finance and Administration Cabinet prior to the effective date of such modification or change pursuant to KRS 45A.210(1) and 200 KAR 5:311.

Memorandum of understanding, written clarification, and/or correspondence shall not be construed as amendments to the contract.

If the contractor finds at any time that existing conditions made modification of the contract necessary, it shall promptly report such matters to the Commonwealth Buyer for consideration and decision.

40.9 Changes in Scope

The Commonwealth may, at any time by written order, make changes within the general scope of the contract. No changes in scope are to be conducted except at the approval of the Commonwealth.

40.10 Contract Conformance

If the Commonwealth Buyer determines that deliverables due under the contract are not in conformance with the terms and conditions of the contract and the mutually agreed-upon project plan, the Buyer may request the contractor to deliver assurances in the form of additional contractor resources and to

Document Description Page 13 demonstrate that other major schedules will not be affected. The Commonwealth shall determine the quantity and quality of such additional resources and failure to comply may constitute default by the contractor.

40.11 Assignment

The contract shall not be assigned in whole or in part without the prior written consent of the Commonwealth Buyer.

40.12 Payment

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

Annual retrofit fee shall be paid following:

confirmation of proper truck registration in November and April of each contracted year receipt of correct insurance certificates by the Division of Purchases, and receipt of an annual retrofit truck inspection form indicating “Passed” status.

annual retrofit fee shall be divided by seven (7) equal payments and paid monthly.

NOTE - If deductions are required, the payment amount will be less than invoice amount. If there is a discrepancy between the billed amount and the amount paid, the Contractor shall contact the District Office for more details.

In the event a contract is cancelled prior to the end of the season, remaining retrofit payments will not be made. Retrofit payment will be prorated based on the cancellation date.

Any and all penalties assessed by the Department shall be withheld from the monthly retrofit payments upon discretion of the Department.

40.13 Contractor Cooperation in Related Efforts

The Commonwealth of Kentucky may undertake or award other contracts for additional or related work, services, supplies, or commodities, and the contractor shall fully cooperate with such other contractors and Commonwealth employees.

The contractor shall not commit or permit any act that will interfere with the performance of work by any other contractor or by Commonwealth employees.

Document Description Page 14

40.14 Contractor Affiliation

"Affiliate" shall mean a branch, division or subsidiary that is effectively controlled by another party. If any affiliate of the contractor shall take any action that, if done by the contractor, would constitute a breach of this agreement, the same shall be deemed a breach by such party with like legal effect.

40.15 Commonwealth Property

The contractor shall be responsible for the proper custody and care of any Commonwealth-owned property furnished for contractor's use in connections with the performance of this contract. The contractor shall reimburse the Commonwealth for its loss or damage, normal wear and tear excepted.

40.16 Confidentiality of Contract Terms

The contractor and the Commonwealth agree that all information communicated between them before the effective date of the contract shall be received in strict confidence and shall not be necessarily disclosed by the receiving party, its agents, or employees without prior written consent of the other party. Such material will be kept confidential subject to Commonwealth and Federal public information disclosure laws.

Upon signing of the contract by all parties, terms of the contract become available to the public, pursuant to the provisions of the Kentucky Revised Statutes.

The contractor shall have an appropriate agreement with its subcontractors extending these confidentiality requirements to all subcontractors’ employees.

40.17 Confidential Information

The contractor shall comply with the provisions of the Privacy Act of 1974 and instruct its employees to use the same degree of care as it uses with its own data to keep confidential information concerning client data, the business of the Commonwealth, its financial affairs, its relations with its citizens and its employees, as well as any other information which may be specifically classified as confidential by the Commonwealth in writing to the contractor. All Federal and State Regulations and Statutes related to confidentiality shall be applicable to the contractor. The contractor shall have an appropriate agreement with its employees, and any subcontractor employees, to that effect, provided however, that the foregoing will not apply to:

A. Information which the Commonwealth has released in writing from being maintained in confidence;

B. Information which at the time of disclosure is in the public domain by having been printed an published and available to the public in libraries or other public places where such data is usually collected; or

Document Description Page 15

C. Information, which, after disclosure, becomes part of the public domain as defined above, thorough no act of the contractor.

40.18 Advertising Award

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 without the expressed written consent of the agency technical contact person. (see Section 50.4)

40.19 Patent or Copyright Infringement

The contractor shall report to the Commonwealth promptly and in reasonable written detail, each notice of claim of patent or copyright infringement based on the performance of this contract of which the contractor has knowledge.

The Commonwealth agrees to notify the contractor promptly, in writing, of any such claim, suit or proceeding, and at the contractor's expense give the contractor proper and full information needed to settle and/or defend any such claim, suit or proceeding.

If, in the contractor's opinion, the equipment, materials, or information mentioned in the paragraphs above is likely to or does become the subject of a claim or infringement of a United States patent or copyright, then without diminishing the contractor's obligation to satisfy any final award, the contractor may, with the Commonwealth's written consent, substitute other equally suitable equipment, materials, and information, or at the contractor's options and expense, obtain the right for the Commonwealth to continue the use of such equipment, materials, and information.

The Commonwealth agrees that the contractor has the right to defend, or at its option, to settle and the contractor agrees to defend at its own expense, or at its option to settle, any claim, suit or proceeding brought against the Commonwealth on the issue of infringement of any United States patent or copyright or any product, or any part thereof, supplied by the contractor to the Commonwealth under this agreement. The contractor agrees to pay any final judgment entered against the Commonwealth on such issue in any suit or proceeding defended by the contractor.

If principles of governmental or public law are involved, the Commonwealth may participate in the defense of any such action, but no costs or expenses shall be incurred for the account of the contractor without the contractor's written consent.

The contractor shall have no liability for any infringement based upon:

Document Description Page 16

A. the combination of such product or part with any other product or part not furnished to the Commonwealth by the contractor

B. the modification of such product or part unless such modification was made by the contractor

C. the use of such product or part in a manner for which it was not designed

40.20 Permits, Licenses, Taxes and Commonwealth Registration

The contractor shall procure all necessary permits and licenses and abide by all applicable laws, regulations, and ordinances of all Federal, State, and local governments in which work under this contract is performed.

The contractor shall maintain certification of authority to conduct business in the Commonwealth of Kentucky during the term of this contract. Such registration is obtained from the Secretary of State, who will also provide the certification thereof. However, the contractor need not be registered as a prerequisite for responding to the RFP. Additional local registration or license may be required.

The contractor shall pay any sales, use, and personal property taxes arising out of this contract and the transaction contemplated hereby. Any other taxes levied upon this contract, the transaction, or the equipment or services delivered pursuant hereto shall be borne by the contractor.

40.21 EEO Requirements – not applicable to this procurement

40.22 Provisions for Termination of the Contract

Any contract resulting from this solicitation shall be subject to the termination provisions set forth in 200 KAR 5:312.

40.23 Bankruptcy

In the event the contractor becomes the subject debtor in a case pending under the Federal Bankruptcy Code, the Commonwealth's right to terminate this contract may be subject to the rights of a trustee in bankruptcy to assume or assign this contract. The trustee shall not have the right to assume or assign this contract unless the trustee (a) promptly cures all defaults under this contract; (b) promptly compensates the Commonwealth for the monetary damages incurred as a result of such default, and (c) provides adequate assurance of future performance, as determined by the Commonwealth.

40.24 Conformance with Commonwealth & Federal Laws/Regulations

This contract shall be governed by and construed in accordance with the laws of the Commonwealth of Kentucky. Any action brought against the Commonwealth on the contract, including but not limited to actions either for breach of contract or for

Document Description Page 17 enforcement of the contract, shall be brought in Franklin Circuit Court, Franklin County, Kentucky in accordance with KRS 45A.245.

40.25 Accessibility

Vendor hereby warrants that the products or services to be provided under this contract comply with the accessibility requirements of Section 504 of the Rehabilitation Act of 1973, as amended (29 U.S.C. § 794d), and its implementing regulations set forth at Title 36, Code of Federal Regulations, part 1194. Vendor further warrants that the products or services to be provided under this contract comply with existing federal standards established under Section 255 of the Federal Telecommunications Act of 1996 (47 U.S.C. § 255), and its implementing regulations set forth at Title 36, Code of Federal Regulations, part 1193, to the extent the vendor's products or services may be covered by that act. Vendor agrees to promptly respond to and resolve any complaint regarding accessibility of its products or services which is brought to its attention.

40.26 Access to Records

The state agency certifies that it is in compliance with the provisions of KRS 45A.695, "Access to contractor's books, documents, papers, records, or other evidence directly pertinent to the contract." The Contractor, as defined in KRS 45A.030, agrees that the contracting agency, the Finance and Administration Cabinet, the Auditor of Public Accounts, and the Legislative Research Commission, or their duly authorized representatives, shall have access to any books, documents, papers, records, or other evidence, which are directly pertinent to this agreement for the purpose of financial audit or program review. The Contractor also recognizes that any books, documents, papers, records, or other evidence, received during a financial audit or program review shall be subject to the Kentucky Open Records Act, KRS 61.870 to 61.884. Records and other prequalification information confidentially disclosed as part of the bid process shall not be deemed as directly pertinent to the agreement and shall be exempt from disclosure as provided in KRS 61.878(1)(c).

40.27 Prohibitions of Certain Conflicts of Interest

In accordance with KRS 45A.340, the contractor represents and warrants, and the Commonwealth relies upon such representation and warranty, that it presently has no interest and shall not acquire any interest, direct or indirect, which would conflict in any manner or degree with the performance of its services. The contractor further represents and warrants that in the performance of the contract, no person, including any subcontractor, having any such interest shall be employed.

In accordance with KRS 45A.340 and KRS 11A.040 (4), the contractor agrees that it shall not knowingly allow any official or employee of the Commonwealth who exercises any function or responsibility in the review or approval of the

Document Description Page 18 undertaking or carrying out of this contract to voluntarily acquire any ownership interest, direct or indirect, in the contract prior to the completion of the contract.

40.28 No Contingent Fees

No person or selling agency shall be employed or retained or given anything of monetary value to solicit or secure this contract, excepting bona fide employees of the offeror or bona fide established commercial or selling agencies maintained by the offeror for the purpose of securing business. For breach or violation of this provision, the Commonwealth shall have the right to reject the proposal or cancel the contract without liability.

40.29 Vendor Response and Proprietary Information

The RFP specifies the format, required information, and general content of proposals submitted in response to the RFP. The Finance and Administration Cabinet will not disclose any portions of the proposals prior to Contract Award to anyone outside the Finance and Administration Cabinet, representatives of the agency for whose benefit the contract is proposed, representatives of the Federal Government, if required, and the members of the evaluation committees. After a contract is awarded in whole or in part, the Commonwealth shall have the right to duplicate, use, or disclose all proposal data submitted by vendors in response to this RFP as a matter of public record. Although the Commonwealth recognizes the vendor's possible interest in preserving selected data which may be part of a proposal, the Commonwealth must treat such information as provided by the Kentucky Open Records Act, KRS

61.870 et sequitur.

Informational areas which normally might be considered proprietary shall be limited to individual personnel data, customer references, selected financial data, formulae, and financial audits which, if disclosed, would permit an unfair advantage to competitors. If a proposal contains information in these areas that a vendor declares proprietary in nature and not available for public disclosure, the vendor shall declare in the Transmittal Letter [see Section 60.6 (A)] the inclusion of proprietary information and shall noticeably label as proprietary each sheet containing such information. Proprietary information shall be submitted under separate sealed cover marked “Proprietary Data”. Proposals containing information declared by the vendor to be proprietary, either in whole or in part, outside the areas listed above may be deemed non-responsive to the RFP and may be rejected.

40.30 Contract Claims

The Parties acknowledge that KRS 45A.225 to 45A.290 governs contract claims.

40.31 Limitation of Liability

The liability of the Commonwealth related to contractual damages is set forth in

KRS 45A.245.

Document Description Page 19

40.32 Discrimination

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

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

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

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

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

Document Description Page 20

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

6. In the event of the contractor's noncompliance with the nondiscrimination clauses of this contract or with any of the said rules, regulations or orders, this contract may be cancelled, terminated or suspended in whole or in part and the contractor may be declared ineligible for further government contracts or federally-assisted construction contracts in accordance with procedures authorized in Executive Order No. 11246 of September 24, 1965, as amended, and such other sanctions may be imposed and remedies invoked as provided in or as otherwise provided by law.

7. The contractor will include the provisions of paragraphs (1) through

(7) of section 202 of Executive Order 11246 in every subcontract or purchase order unless exempted by rules, regulations or orders of the Secretary of Labor, issued pursuant to section 204 of Executive Order No. 11246 of September 24, 1965, as amended, so that such provisions will be binding upon each subcontractor or vendor. The contractor will take such action with respect to any subcontract or purchase order as the administering agency may direct as a means of enforcing such provisions including sanctions for noncompliance;

provided, however, that in the event a contractor becomes involved in, or is threatened with, litigation with a subcontractor or vendor as a result of such direction by the agency, the contractor may request the United States to enter into such litigation to protect the interests of the United States.

40.33 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.

section 50 – scope of work

Document Description Page 21

PROPOSALS THAT DO NOT MEET MANDATORY REQUIREMENTS WILL

BE DEEMED NON-RESPONSIVE AND WILL NOT BE CONSIDERED.

50.1 Agencies to Be Served

This contract shall be for use by the following Division of the KENTUCKY

TRANSPORTATION CABINET

Division of Maintenance and Highway District 2, 4 and 6

50.2 Term of Contract and Renewal Options

The contract period shall be determined based on the age of the truck(s) proposed.

For trucks that are model year 2012 and newer, the contract period shall be effective upon award and expire April 15, 2028.

For trucks that are model year 2011 or older, the contract period shall be effective upon award and expire April 15, 2024.

50.3 Basis of Price Revisions

No line items are eligible for price adjustments.

50.4 Notices

After the award of contract, all programmatic communications with regard to day-to-day performance under the contract are to be made to the agency technical contact(s) identified during the negotiation phase of this procurement. After the award of contract, all communications of a contractual or legal nature are to be made to the Commonwealth Buyer.

50.5 Subcontractors

The contractor is permitted to make subcontract(s) with any other party for furnishing any of the work or services herein. The contractor shall be solely responsible for performance of the entire contract whether or not subcontractors are used. The Commonwealth shall not be involved in the relationship between the prime contractor and the subcontractor. Any issues that arise as a result of this relationship shall be resolved by the prime contractor.

All references to the contractor shall be construed to encompass both the contractor and any subcontractors of the contractor.

The vendor shall notify the Commonwealth of any planned use of subcontractors in regards to the resulting contract. If the KYTC Division of Purchases is provided evidence of the vendor making such an arrangement without submitting the

Document Description Page 22 proper information prior to use of the subcontractor, the contract may be cancelled immediately.

All payments will be made directly to the contracted vendor. It is the vendor’s responsibility to make payment to the subcontract. Payments shall not be made to the subcontractor by the Commonwealth. Subcontractors having nonpayment issues that could not be resolved with the Vendor, should report in detail these incidents to the buyer of record for this solicitation.

The Vendor shall ensure that all contractors or subcontractors comply with all applicable Federal, State, and Local laws, regulation, mandates, and terms of this solicitation and resulting contract.

prime contractor. All references to the contractor shall be construed to encompass both the contractor and any subcontractors of the contractor.

50.6 Scope of Work/Technical Requirements

Definitions for ALL items:

ANNUAL RETROFIT PAYMENT - Per Truck- Annual payment of the expense associated with the costs of the truck and retrofit equipment. Per Truck amount will be divided by 7 equal payments and paid monthly. Initial payment made upon passing inspection and prior to November 1, with monthly payments thereafter invoiced by the vendor at the end of each month. (November – April 15). However, if in year of initial contract award truck is inspected and passed after November 1, Department may adjust annual retrofit payment equally among months remaining in snow season through April 15.

SALT HAUL FEE - Hourly price for hauling salt, 10 ton net load for single axle or 20 ton net load for tandem, in each county and adjoining area shall be at the same rate paid for snow and ice removal plowing.

COMPLETED RETROFIT INSPECTION DATE - The Vendor must have all trucks retrofitted and pass an inspection by the Department at the earliest possible date within the contract initiation year and prior to November 1 each year thereafter.

NEW - New equipment attachment units (i.e., V-box hopper spreaders or snowplows) in lieu of providing used equipment attachment units that are in good working order and of high quality.

DEPARTMENT – Understood to be synonymous with the term, Commonwealth of Kentucky, Transportation Cabinet, Department of Highways.

VENDOR - Understood to be synonymous with the term "Contractor".

Document Description Page 23

50.61#Truck Specifications

GVW: One (1) ton, Class 3, Light Category trucks shall have, at a minimum, a GVWR of 10,001 pounds or greater. These trucks shall be equipped with an 8’6” (8.5 feet) snowplow.

Single axle trucks shall be, at a minimum, a G.V.W. rating of 33,000 pounds with a 12,000-pound front axle rating.

Tandem trucks having a minimum G.V.W. rating of 48,000 pounds with a 12,000 pound rated front axle (Light Tandem) shall be acceptable ONLY in counties requesting single axle trucks or light tandem trucks. These trucks shall be equipped with a 10' (foot) snowplow blade. Contracts will be awarded on the type of truck (single axle or tandem) specified by the vendor.

Tandem trucks shall be, at a minimum, a twin screw tandem and have a G.V.W. Rating of 56,000 pounds with a 16,000-pound front axle as stated on the Vehicle Identification Number (VIN) Plate.

Upon inspection any trucks that do not meet the minimum weight specifications shall not be acceptable for use in the program. Trucks having a lower than required G.V.W rating, per the truck manufacturer, shall not be modified by adding springs, timbren kit, and/or both to meet minimum G.V.W specifications.

Modified road tractors shall not be accepted.

INSPECTION: Trucks should be of good general appearance, be free of human graphic art, be in excellent mechanical condition, and be approved for use by a Department inspection team. Bidders submitting trucks older than ten (10) years of age shall have truck/trucks in their possession at time of bid, and trucks shall pass inspection prior to award of contract.

If vendor proposes use of used equipment (snow plow, hopper boxes, etc), equipment shall be inspected at time of initial truck inspection. Equipment must pass Department’s inspection and meet Department’s requirements prior to the District’s annual preseason inspection. Equipment failing to meet Department’s inspections may forfeit retrofit payments and be subject to contract cancellation.

The Vendor must have all trucks retrofitted and pass an inspection by the Department at the earliest possible date within the contract initiation year and prior to November 1 each subsequent snow season. Trucks not made available for inspections or not receiving a “Passed” inspection by November 1 each subsequent year may be removed from the contract with no retrofit payment for that year and the Department reserves the right to cancel said contract.

Document Description Page 24

All 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. Any repairs or equipment parts required by the Department inspection team, for passage of the inspection, shall be the responsibility of the Contractor and will be incidental to the bid submitted for the truck retrofit.

HYDRAULICS: Trucks shall have the necessary hydraulic, electrical and structural modifications to accommodate the specified snowplow, ground speed control unit, liquid chloride solution dispensing unit, and V-box hopper spreader (minimum 5.6 cubic yard capacity for single axle trucks) (minimum 13 cubic yard capacity for tandem trucks). A trial hookup shall be required. (See attached drawing).

COMMUNICATION SYSTEM:

2 WAY RADIO SYSTEM: Trucks shall be equipped with 2-way radio communications on the Department’s specified frequency and shall be operated under the Department’s FCC license. The radio unit shall be used (operated) in accordance with FCC regulations at all times and will only be used during the time the trucks are performing snow and ice removal operations for the Department. There will be no exceptions. Any violation of FCC regulations may result in, but not be limited to, the cancellation of the Master Agreement Contract.

2 WAY RADIO SPECIFICATIONS: VHF (150-160 MEGAHERTZ) DASH-MOUNTED

- DISTRICTS 1 - 12: General: the two-way radio will be the latest improved model in current production (as offered to the commercial trade), should be new or like new, and comply with the following:

1. Shall operate from a 12 volt, direct current negative ground source.

2. Shall be a multi-channel synthesized VHF high-band unit, field programmable to at least 5 channels per district, CTCSS encode and decode, carrier control timer, transmitting ANI (Automatic Number Identification) information adhering to the Motorola Digital MDC (Mobile Data Communication) 1200 specification. This unit must be capable of transmitting simultaneously the necessary frequency, audio, CTCSS and Identification information. Should be similar to Motorola CM300 or CDM1250.

3. Should be programmed and ready to operate with the frequency channel and tone as per the frequency list for Districts included as an attachment.

4. Shall meet EIA, MIL STD 810 C & D specifications for shock and vibration.

Transmitter:

Document Description Page 25

1. Shall be solid state and shall be capable of producing forty (40) watts of output (EIA).

2. Frequency stability: plus or minus 0.0005 percent.

3. Modulation: plus or minus 0.0 to 2.5 kilohertz.

4. Spurious and harmonic emission: - 61 decibels.

5. Audio response: EIA RS-152-B.

6. Audio distortion: 5 percent.

7. Shall be FCC type accepted.

Receiver:

1. Frequency stability: plus or minus 0.0005 percent.

2. Sensitivity: 0.35 microvolt for 12-dB EIA Sinad.

3. Selectivity: - 70 decibels at plus or minus 20 kilohertz (EIA 2-signal).

4. Spurious and image rejection: - 70 decibels.

5. Intermodulation: - 70 decibels.

6. Modulation acceptance: plus or minus 7 kilohertz.

7. Audio output: 3 watts at 5 percent distortions.

8. Audio response: EIA RS-204-C.

HEADLIGHTS: Trucks shall be fitted with additional headlights that will light the roadway in front of the snowplow and the rear of the spreader box. (See attached drawings). These lights shall be mounted and operated in a manner so as not to blind oncoming traffic.

ADDITIONAL LIGHTING: Trucks will be equipped with four- (4) amber flashing lights as specified, two- (2) will be placed above truck cab, and two- (2) placed on the left and right side of the rear side of the V-box hopper spreader. These lights will be mounted so that a minimum of two- (2) lights will be visible at all times from either the front or the rear of the vehicle. (See attached specifications for the type of light and for the light intensity.)

Document Description Page 26

STAR HALO LED 255 HTSL AMBER BEACON OR EQUIVALENT

SHORT DOME

DIMENSIONS: 4-3/4 INCHES TALL X 6-13/32 INCHES DIAMETER

VOLTAGE: 12V-24V DC

AMP DRAW: 0.6 AMPS AT 12V DC, 0.3 AMPS AT 24V DC

LEN COLOR: AMBER

LIGHTWEIGHT POLYCARBONATE, UNIVERSAL FLANGE BASE, 3-HOLE

PERMANENT MOUNT, 1INCH PIPE MOUNT

DURABLE POLYCARBONATE, TWIST ON / OFF LENS

SAE CLASS I, HIGH INTENSITY STAR HALO LED OPTICS, FLANGE MOUNT,

SHORT LENS

CIRCUITRY IS FULLY ENCAPSULATED WITH EPOXY FOR INCREASED WEATHER

AND SHOCK RESISTANCE

Bidder should note that these specifications are a minimum required by the Department.

Vendor may add additional lighting at vendor’s discretion as long as it is in compliance with federal and state regulations.

MISCELLANEOUS EQUIPMENT: Trucks should have new or like new windshield wipers that are fully functional to operate under adverse snow plowing conditions.

Trucks should be equipped with manufacturer installed cab heating and defrosting system.

Trucks…