Final_RFP_605_2300000259_2_SO_FORM.PDF

Document ID: RFP 605 2300000259 Page: 1

Commonwealth of Kentucky

SOLICITATION MODIFICATION

Modification: Yes Version #: 2

TITLE: KYTC Sign Program

Date Issued:

03/03/2023 Record Date:

03/03/2023

Solicitation Closes Date:

03/21/2023 Time:

16:00

Solicitation No:

RFP 605 2300000259

Reason for Modification

Addendum #1 - To answer vendor questions and change the closing date.

Online Bidding Prohibited: No For Information Call:

Laura Hagan 502-782-3980

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 2300000259 Page: 2

Line Items

Commodity Group: Default Commodity Group

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

1 Signing Program

Comm Code Comm Description Manufacturer Model # Manuf Part #

91327 Construction, Highway and Road

Extended Description

***ONLY ONLINE BIDS WILL BE ACCEPTED FOR THIS RFP.***

Emailed and hard copies delivered by any method WILL NOT BE ACCEPTED.

*On this line, Bidders must enter $0.01 for price and zero (0) for delivery in the e-procurement system.* To do this, see attached document "How to Respond to an Online Bid through the Kentucky Vendor Self Service site (updated).pdf".

*Actual Costs shall be submitted using the enclosed Cost Proposal Form*

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.

Shipping Information KYTC Division of Traffic Operations

200 Mero Street 3rd Floor Frankfort KY 40622

Billing Information KYTC Division of Traffic Operations

200 Mero Street 3rd Floor Frankfort KY 40622

Document ID: RFP 605 2300000259 Page: 3

Submission Checklist

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

Item Pre-Qualified in Work Item F - PASS/FAIL Company Info/Business Plan/Marketing Plan - 200 points Experience - 300 points Cost - 500 points

Addendum #1 – March 3, 2023

This addendum is posted to answer vendor questions and to extend the closing date.

1. QUESTION: Are we correct that the successful offeror will have to pay the existing Contractor at least $382,216.21 upon award of the Contract?

ANSWER: Correct

2. QUESTION: Are we correct that the successful offeror will be responsible for all costs associated with the administration, marketing, and operation of the Logo Signing and TODS Programs, including new sign construction, sign maintenance, and sign refurbishment upon Contract award; however, the successful offeror will receive no revenue from existing Logo Signing Program participants until July 1, 2023, and no revenue from existing TODS Program participants until January 1, 2024?

ANSWER: Correct

3. QUESTION: Would KYTC consider either converting to a blanket replacement method of refurbishing a set percentage, 6.66% or 10%, of background panels each year or converting from a 10-year refurbishment life cycle to a 15-year refurbishment life cycle?

ANSWER: Not at this time. We want to ensure all sign backgrounds get switched to Type XI sheeting within the current replacement cycle process (Type XI replacements began in 2019).

Once that has run its course, we will consider options going forward.

4. QUESTION: Are we correct that the successful offeror will be responsible for all costs associated with the administration, marketing, and operation of the logo and TODS programs, including new sign construction, sign maintenance, and sign refurbishment, as well as the associated percentage payments to the Transportation Cabinet, relying only on the annual fee from participants with no additional money coming from the Commonwealth or Transportation Cabinet?

ANSWER: Correct

5. QUESTION: Would consideration be given to amend this provision to a 10-year amortization period?

ANSWER: Not at this time.

6. QUESTION: Are we correct that the “price” or the annual fee the participants pay is actually established in 603 KAR 4:035 Section 7 and would require a change to the KAR?

ANSWER: Correct

7. QUESTION: Previous similar RFPs have included the KRS 45A.485 Certification Form to be completed and returned with proposals. Is there a form that should be submitted with the Transmittal Letter to fulfill this requirement?

ANSWER: These requirements have been incorporated in the terms and conditions in Section 10.31 of the RFP. By submitting your proposal you are confirming you fulfill those requirements.

8. QUESTION: Could you please provide an example of the formula that will be used to evaluate the Cost Proposal?

ANSWER: See answer #10.

Document Description Page 4

2300000259 KYTC Sign Program

9. QUESTION: Will the highest Total Price receive the full 500 points and each other Offeror receive the relative percentage of the 500 points (i.e. 2nd Highest Offeror Total Price divided by Highest Offeror Total Price times 500)?

ANSWER: Correct.

20.10. QUESTION: To clarify, the maximum points per scored criteria listed in section 7.6 is a score ranging from 0 to the maximum number for the stated category for each vendor’s bid, correct?

ANSWER: Correct

11. QUESTION: Has the Commonwealth/KYTC established objective criteria to instruct the Proposal Evaluation Committee on how to consistently award the points listed in section 7 for each of the stated criteria, and subparts listed in section 7.6?

If not, is the Proposal evaluation Committee free to subjectively award points per each criteria and the subparts listed in section 6.8 and section 7.6?

ANSWER: We follow all of the Commonwealth’s statutes, regulations, and policies when evaluating RFP proposals.

12. QUESTION: If a vendor affirmatively addresses each element in section 6.8 and

7.6 what objective criteria will be used to differentiate between bids? For example, would more points be awarded for a bid that states 10 years of experience vs 11 years of experience or more points for current KYTC contracts vs. No KYTC contracts?

ANSWER: We follow all of the Commonwealth’s statutes, regulations, and policies when evaluating RFP proposals.

13. QUESTION: In section 6.6A, does “one document” mean one page single-sided or does “one document” permit multiple pages up to 65,000KB without page limitations?

ANSWER: One documents means multiple pages up to the 65,000 KB limit. Typically vendors combine all required documents into 1 pdf file to upload.

14. QUESTION: In section 3.2, will you provide the age of all current signs and number of signs that will need replaced in the first 12 months?

ANSWER: Yes

15. QUESTION: Given the current Contractor retains fees through June 30, 2023, for the logo program, and through December 31, 2023, for the TODS program, will the current Contractor be responsible for any payments due to KYTC for the period of retained revenue for each program or is the awardee responsible for payment to KYTC in addition to foregoing the collection of fees for each program during these timeframes?

ANSWER: The current Contractor will take care of any remaining payments due to KYTC for the current annual contracts.

16. QUESTION: Transitioning a program successfully requires transparent communication for the benefit of KYTC. Will KYTC obtain (via access to records noted in section 10.24) and provide the points of contact (name, contact number, Document Description Page 5 email address) for each of the current businesses participating in the logo and TODS programs to ensure successful notification by any new vendor?

17. QUESTION: Transitioning a program successfully requires transparent communication for the benefit of KYTC. Will KYTC obtain (via access to records noted in section 10.24) and provide copies of existing contracts so they can be transitioned to any new vendor?

18. QUESTION: In attachment A, the cost proposal, the estimated annual revenue on LOGO signs is $2,150,000. Is the $2,150,000 what KYTC received annually from the current program, the anticipated estimated gross receipts for the LOGO sign program moving forward, or just an example number for this rated category?

ANSWER: This was the total amount collected by the Contractor from the 2021-22 annual contracts. We are using this as an estimated amount for the next cycle and it will be the number used in the formula in an offerer’s proposal.

19. QUESTION: According to the advertiser cost of $600 per sign and approximate number of signs of 7,000, shouldn’t the estimated annual revenue be $4.2MM?

ANSWER: 7,000 total signs includes the sign on the mainline as well as the directional sign on the off-ramp. The $600/year fee covers both of those because both are required for effective guidance for motorists. So there are only 3,500 sign “sets,” so the $2.1M figure is correct.

The closing date has been moved to March 21, 2023. No other changes have been made.

Request for Proposal (RFP)

For KYTC Sign Program

RFP 605 2300000259

Release Date: February 22, 2023

CLOSING DATE AND TIME March 10 21, 2023 at 4:00pm ET

Issued by Laura Hagan, Director

COMMONWEALTH OF KENTUCKY

TRANSPORTATION CABINET

Division of Purchases

200 Mero Street, 4th Floor Frankfort, KY 40622

(502) 782-3980 Laura.Hagan@ky.gov

TABLE OF CONTENTS

Proposal Submission Checklist Section 1 – Summary Section 2 – Introduction

Document Description Page 6 mailto:Laura.Hagan@ky.gov

Section 3 – Scope of Work Section 4 – Not Applicable Section 5 – Procurement Requirements and Instructions Section 6 – Proposal Submission Section 7 – Proposal Evaluation Section 8 – Negotiations Section 9 – Contract Requirements Section 10 – Standard Terms and Conditions Section 11 – Attachments

Document Description Page 7

PROPOSAL SUBMISSION CHECKLIST

Proposals shall be received by electronic submission in the eProcurement system.

An electronic proposal shall be authorized by the proper agent of the firm by the act of submitting it electronically through the eProcurement system.

Proposal 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://emars311.ky.gov/webapp/vssprdonline3111d/ AltSelfService

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

Proposals shall be submitted in three (3) parts: The Technical Proposal, the Cost Proposal, and Proprietary Information. Each part shall consist of one document attachment. Do not submit multiple document attachments as Technical, Cost or Proprietary. All files shall be labeled accordingly. Attachments may not exceed 65,000 KB.

Proposals submitted online 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 proposal after the published date and time for closing.

A proposal 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.

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.

All other items MUST be submitted prior to award.

___ *PROPOSED TECHNICAL SOLUTION

___ *PROPOSED COST SOLUTION

___ TRANSMITTAL LETTER [see Section 6.7(A)]

Document Description Page 8 https://emars311.ky.gov/webapp/vssprdonline3111d/AltSelfService https://emars311.ky.gov/webapp/vssprdonline3111d/AltSelfService https://finance.ky.gov/services/eprocurement/Pages/doingbusiness.aspx https://finance.ky.gov/services/eprocurement/Pages/doingbusiness.aspx mailto:Finance.CRCGroup@ky.gov

___ CERTIFICATE OF AUTHORITY- REGISTRATION WITH SECRETARY OF STATE BY A

FOREIGN ENTITY IF APPLICABLE [see Section 6.7 (D)]

___ REQUIRED ANNUAL AFFIDAVIT AND OTHER AFFIDAVIT(S)

SECTION 1 - RFP SUMMARY

1.1 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

February 22, 2023

Vendors’ Written Questions due by 12:00 PM ET

March 1, 2023

Commonwealth’s Response to Vendors’ Written Questions and Deviations

March 3, 2023

Proposals due by 4:00 PM ET

March 10, 2023

1.2 Issuing Office

The Kentucky Transportation Cabinet, Division of Purchases, is issuing this RFP on behalf of the Division of Traffic Operations. The 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 Finance and Administration Cabinet.

1.3 Agencies to Be Served

This contract shall be for use by the following Division of the KENTUCKY TRANSPORTATION CABINET - Division of Traffic Operations.

SECTION 2 - INTRODUCTION –

2.1 Purpose

The purpose of this Request for Proposal (RFP) is to solicit proposals for competitive negotiations pursuant to 200 KAR 5:307. This Request for Bid is intended to solicit bids for development, administration and marketing of an extended Logo Signing Program and TODS program by contractual agreements with the successful offeror for certain fully controlled and partially controlled interchanges on certain portions of the State’s primary highway system that is non-interstate and non-parkway. In addition, the bid shall include the existing administration and marketing of the Interstate and Parkway Logo program and TODS program.

2.2 Background

Currently, the Kentucky Transportation Cabinet (KYTC), and its contractor administers a specific service signing (Logo Signing) program on the Commonwealth of Kentucky’s

Document Description Page 9

Interstate Highway and Parkway System. This program currently consists of approximately 850 mainline background sign structures on the Interstate System and the Parkway System, 830 ramp sign structures, 130 Tourist Oriented Directional Sign (TODS) structures and 28 Trailblazer structures. In addition, the program is comprised of approximately 2,025 Logo and 105 TODS participants.

The Logo program currently consists of approximately 7,390 business logo panels within the state, which includes approximately 3,750 mainline logo panels, 3,650 ramp logo panels and 33 trailblazer logo panels across the state.

Information regarding Expiring Contract The current contract will be expiring March 31, 2023. It contains the following language:

If the contract with the Contractor is terminated by the Cabinet, or upon expiration, and the contract is subsequently awarded to a third party, the third party shall be responsible for payment of the balance of the unamortized construction cost of the signs paid by the Contractor as if amortized over a period of two (2) years and the value of any existing advertising contracts not to exceed one (1) year. The payment amount pursuant to this provision shall be included as part of the Contractor’s annual report to the Cabinet.

(1) - the unamortized construction cost of the signs paid by the Contractor as if amortized over a period of two (2) years:

$382,216.21 (includes all costs through February 15, 2023) – NOTE: this amount is subject to increase based on additional construction cost incurred in February and March of 2023.

(2) - the value of any existing advertising contracts not to exceed one (1) year:

With the authorization of the KYTC, the existing Contractor has already collected participation fees for current participants in the logo program through June 30, 2023. The existing Contractor would retain the balance of the collected fees and the selected Contractor would be able to begin collecting fees from current participants in the logo program for the participation period beginning on July 1, 2023.

With the authorization of the KYTC, the existing Contractor has already collected participation fees for current participants in the TODS program through December 31, 2023. The existing Contractor would retain the balance of the collected fees and the selected Contractor would be able to begin collecting fees from current participants in the TODS program for the participation period beginning on January 1, 2024.

section 3 – scope of work

PROPOSALS THAT DO NOT MEET MANDATORY REQUIREMENTS WILL BE DEEMED NON-

RESPONSIVE AND WILL NOT BE CONSIDERED.

Mandatory Requirement means a condition set out in the specifications or statement of work that must be met without exception.”

3.1 Fully controlled Interchanges on Interstates and Parkways and portions of the State Primary System The offeror shall be required to develop, maintain and market in accordance with the Kentucky Revised Statutes, Kentucky Administrative Regulations and applicable federal regulatory requirements. The Transportation Cabinet shall have ownership of all background signs and posts constructed and paid for by the selected contractor for the new logo program but shall lease the

Document Description Page 10 signs to the successful offeror for the period of the contract for an established lease fee. This lease fee shall not be less than 35% of space sales. The ownership of the panels for TODS shall be with the participant, paying a quarterly lease payment that shall not be less than 6% for the space to the selected contractor.

3.2 Responsibility of the Offeror

Subject to the terms and conditions set forth in this bid and upon execution of a written contract, the Cabinet grants the right to the Contractor to construct and operate in the rights-of-way of fully controlled interstate and parkway interchanges and on certain portions of the State’s primary highway system that is non-interstate and non-parkway, a Logo Signing Program and a TODS program, for a term of two (2) years. Please refer to 603 KAR 4:035 and associated KRS 177.0736 and KRS 177.0738.

The Contractor shall have the following responsibilities and duties:

Adherence to statutes and regulations of the Commonwealth of Kentucky and the Federal highway Administration as they apply to the Logo Signing program and TODS program.

Applicable KRSs and KARs are as follows:

KRS 177.0734 - Definition for KRS 177.0734 and 177.0736 KRS 177.0738 - Logo signs for eligible businesses 603 KAR 4:035 - Logo signs; placement along fully controlled and partially controlled access highways.

603 KAR 4:040 - TODS signs; placement on public roads other than interstates and parkways.

A quarterly payment shall be paid to the Transportation Cabinet before the end of each quarter.

The payment shall not be less than 35% of gross receipts received for Logos space rental and 6% of TODS space rentals by the contractor from revenues earned under this contract. An updated Quarterly Report that reflects the current sign inventory and gross revenues for the quarter shall also be submitted to the Cabinet.

Each check shall be made payable to KY State Treasurer and mailed or delivered in-person to:

Kentucky Transportation Cabinet Division of Traffic Operations, 3rd Floor East 200 Mero St Frankfort KY 40622

The Contractor shall replace or overlay all background panels over ten (10) years old within the first

(1) year of the contract. The Contractor shall also replace signs identified by the Commonwealth as needing replacement. Each subsequent year of the contract, the selected Contractor will continue the replacement or overlay of the background panels based on a ten-year cycle. This requirement may be waived by the Cabinet in those locations where advertisers may not be available.

The various sign panels shall be maintained by the Contractor in a manner and condition that is a distinct benefit to the safety of the traveler, benefit to business and satisfaction of the Cabinet. The Contractor shall annually perform a night inspection of all specific service sign panel installations to determine adequate reflectivity. Average measured retro reflectivity less than fifty percent (50%) of the required retro reflectivity of new high intensity material will be deemed as inadequate regardless of any conclusion drawn from inspections and the sign must be replaced.

The Contractor shall be responsible for obtaining appropriate permits from the Department of Highways for all sign panels erected pursuant to this contract. The cost of plans required for the appropriate permits are the responsibility of the Contractor.

The Contractor shall, within seven (7) days of receipt of a verbal or written notification of sign damage by either staff designated by the Transportation Cabinet or a participating business, make all necessary repairs. All activity relating to construction or repair of logo signs shall be reported to the appropriate highway district office prior to the work being performed.

Document Description Page 11

The Contractor shall be responsible for the placement of new signs, regular clean up, removal of graffiti, cleaning of panels, supply of replacement parts and all general maintenance of the sign panels. The Contractor shall inspect sign panels a minimum of twice annually for any damaged or broken parts and shall repair or replace damaged or broken parts within a period not to exceed seven (7) days after the Contractor becomes aware of the damage or breakage.

The Contractor shall be responsible for all costs of construction, administration, operation, maintenance and marketing of the programs.

3.3 Responsibilities of the Transportation Cabinet

The Transportation Cabinet shall have the following responsibilities regarding the Logo Signing Program:

Review and approve logo agreement form.

Periodically review signs for compliance with agreements.

Issue appropriate right-of-way permits in a timely manner.

Receive appeals by businesses including those determined not qualified or unacceptable logo design.

Require signs to be installed according to standards published by the American Association State Highway and Transportation Officials (AASHTO) in LRFD Specifications for Structural Supports for Highway Signs, Luminaries and Traffic Signals 1st Edition, with 2017 Interim Revisions.

Regulate and enforce standards regarding sign installation as stated in 2004 Edition Standard Highway Signs Including Pavement Markings and Standard Alphabets 2012 Supplement. This is for use with the current Manual on Uniform Traffic Control Devices for Streets and Highways.

See current MUTCD at: http://mutcd.fhwa.dot.gov/index.htm

3.4 Eligibility of Businesses

No individual business may utilize a logo sign if that business has current advertising on an outdoor advertising device determined to be illegal by the Federal Highway Administration’s statutes and regulations as adopted by the Commonwealth of Kentucky.

No offeror shall be eligible to submit a bid pursuant to this request if the company has holdings in whole or in part in a firm, which has other outdoor advertising devices determined to be illegal according to the statutes and regulations of the Federal Highway Administration as adopted by the Commonwealth of Kentucky.

3.5 Ownership of Signs at Expiration of Contract or Termination of Contractor for Cause If the Cabinet terminates this contract for cause, the Contractor terminates this contract for any reason, or the Contractor defaults prior to the conclusion date of the contract term, ownership of the contract rights and any rights to the specific service signs constructed at the various interchanges shall pass to the Transportation Cabinet at the effective date of termination. The Contractor shall pay the Cabinet the remaining value of any existing advertising contracts not to exceed one (1) year. The remaining value is equal to the prorated amount of the annual payment received by the Contractor from the advertisers. The Contractor shall not be entitled to any compensation from the Cabinet for unamortized construction costs paid by the Contractor.

If the Cabinet terminates this contract without cause, or the contract expires and is subsequently awarded to a New Contractor, the New Contractor shall be responsible for payment to the original Contractor the balance of the unamortized construction cost of the signs paid by the Contractor as if amortized over a period of four (4) years. The original Contractor shall pay to the New Contractor

Document Description Page 12 the remaining value of any existing advertising contracts not to exceed one (1) year. The remaining value is equal to the prorated amount of the annual payment received by the Contractor from the advertisers. The New Contractor will assume the remaining quarterly payments that are due to the Cabinet. The payment amount pursuant to this provision shall be included as part of the Contractor’s annual report to the Cabinet.

The logo sign panels are owned by individual businesses. If this contract is terminated or expires and the program is discontinued, the Contractor shall remove and return the logo sign panels to their respective owners on or before the termination or expiration date. If the program continues with a New Contractor, the logo sign panels are to remain with the specific service signs and become the responsibility of the New Contractor.

The parties agree that it is the intent of this contract that the Contractor shall not be entitled to any compensation from the Transportation Cabinet or the Commonwealth of Kentucky for any reason.

3.6 Assignment

The Contractor shall not sell, transfer, assign or otherwise dispose of the contract agreement without the prior written consent of the Cabinet. This consent shall not be unreasonably withheld.

Any such un-consented disposition by the Contractor shall be an act of default and the Cabinet may terminate the contract pursuant to the terms stated in the proposal.

3.7 Annual Reports

The Cabinet shall be furnished an electronic report in Microsoft Excel format and Word format where applicable followed by a printed annual report, signed by an officer of the Contractor. The report shall contain a list of the interchanges with signing and a statement of marketing efforts at the interchanges; names and addresses of businesses utilizing the program; and the percentage of the eligible interchanges completed.

Additionally, annual financial statements prepared under Generally Accepted Accounting Principles by certified public accountants under Generally Accepted Accounting Standards shall be submitted within ninety (90) days after the end of each contract year by the Contractor, or its parent company. The company secured to prepare the reports pursuant to this section shall be selected by the Contractor and approved by the Transportation Cabinet. The Contractor may also be required to submit other reports as the Cabinet may require.

3.8 Insurance Requirements

The successful bidder shall be responsible for maintaining this coverage through the entire contract term:

1. Contractor’s General Liability Insurance with limits of liability of $1,000,000.00 per occurrence.

2. Kentucky worker's compensation insurance in accordance with the requirements of KRS 45A.480 and KRS Chapter 342.

The successful bidder shall furnish an ACORD Certificate within ten (10) days of notice of intent to award with:

A. The certificate holder listed as:

Kentucky Transportation Cabinet Division of Purchases 4th Floor East 200 Mero Street Frankfort, KY 40622

Document Description Page 13

B. The Endorsement indicating the Commonwealth and its agents as an Additional Insured for the contract resulting from this solicitation.

C. The contract number in the Description of Operations box.

Failure to furnish said certificates or to indicate the contract number shall be grounds for cancellation of the contract.

The successful bidder shall provide an up-to-date copy of the certificate upon renewal of the policy.

Failure to do so shall result in cancellation of the contract.

The insurance shall be endorsed to state that coverage shall not be suspended, voided, cancelled by either party, reduced in coverage limits, except after thirty (30) days prior written notice by certified mail, return receipt requested, has been given to the agencies.

The insurance coverage 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. A list of authorized companies can be found at http://insurance.ky.gov/company. Failure to meet this requirement may result in the bid being deemed non-responsive.

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.

SECTION 4 – COMMONWEALTH OFFICE

OF TECHNOLOGY (COT) REQUIREMENTS

NOT APPLICABLE

SECTION 5 – PROCUREMENT REQUIREMENTS AND INSTRUCTIONS

5.1 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/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.

5.2 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.

Document Description Page 14

2300000259 KYTC Sign Program https://finance.ky.gov/eProcurement/Pages/procurement-laws-regulations-and-policies.aspx https://finance.ky.gov/eProcurement/Pages/procurement-laws-regulations-and-policies.aspx https://finance.ky.gov/eProcurement/Pages/doing-business-with-the-commonwealth.aspx https://finance.ky.gov/eProcurement/Pages/doing-business-with-the-commonwealth.aspx https://emars311.ky.gov/webapp/vssprdonline3111d/AltSelfService

5.3 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 (KYTC) 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 o Mandatory Requirement means a condition set out in the specifications or statement of work that must be met without exception.”

5.4 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, 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.

5.5 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.

5.6 Written Questions Regarding this RFP

Vendors are encouraged to submit written questions pursuant to Section 1.1 of this RFP. Written questions shall be submitted to the Commonwealth Buyer via email at Laura.Hagan@ky.gov. No questions shall be accepted after the date(s) listed in Section

1.1 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.

5.7 Vendor Response and Proprietary Information

Document Description Page 15 mailto:Laura.Hagan@ky.gov

The RFP specifies the format, required information, and general content of proposals submitted in response to the RFP. The Transportation Cabinet will not disclose any portions of the proposals prior to Contract Award to anyone outside the Transportation 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 should declare in the Transmittal Letter [see Section 6.7 (A)] the inclusion of proprietary information and shall noticeably label as proprietary each file containing such information.

Proprietary information shall be submitted separately and identified as “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.

5.8 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.

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

5.9 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 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

200 MERO STREET, 5TH FLOOR

FRANKFORT, KY 40622

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.

Document Description Page 16

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

5.10 Vendor Notification – Ineligible for Award

The Commonwealth will not consider or evaluate any proposal submitted by a vendor when the vendor, the vendor’s employees or agents, had any involvement, contribution or participation in the development, preparation or review of this RFP prior to its issuance.

The vendors proposal will be deemed ineligible for award.

5.11 Past Vendor Performance

Past vendor performance may be considered in the award of this Contract. Vendors with a record of poor performance in the last twelve (12) months may be found non-responsible and ineligible for award.

SECTION 6 – PROPOSAL SUBMISSION

6.1 Disposition of Proposals

All proposals become the property of the Commonwealth of Kentucky. The successful proposal shall be incorporated into the resulting contract by reference. Disposal of unsuccessful proposals shall be at the discretion of the Commonwealth Buyer.

6.2 Rules for Withdrawal of Proposals

Prior to the date specified for receipt of offers, a submitted proposal may be withdrawn by electronic or written notice by submitting a signed written request for its withdrawal to the Commonwealth Buyer.

6.3 Commonwealth’s Right to Use Proposal Ideas

The Commonwealth of Kentucky shall have the right to use all system ideas, or adaptations of those ideas, contained in any proposals received in response to the RFP. Selection or rejection of the proposal will not affect this right.

6.4 Submission of RFP Response

Each qualified offeror shall submit only one (1) proposal. Alternate proposals shall not be allowed. Failure to submit as specified shall result in a non-responsive proposal.

Acknowledgment of Addenda It is the vendor's responsibility to check the web site for any modifications to this solicitation.

Failure to specifically acknowledge addenda with submission will not excuse the vendor from adhering to all changes to the requirements of the solicitation set forth therein nor provide justification for any pricing changes.

6.5 Electronic Proposal Submission

Proposals shall be received by electronic submission in the eProcurement system.

An electronic proposal shall be authorized by the proper agent of the firm by the act of submitting it electronically through the eProcurement system.

Proposal 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://emars311.ky.gov/ webapp/vssprdonline3111d/AltSelfService

Allow 24 – 48 hours to complete Vendor Registration. Vendors must be logged in to their Vendor Self Service (VSS) account in order to submit a response. Registrations completed the day of bid closing must be completed by the Vendor in the VSS portal. The

Document Description Page 17

2300000259 KYTC Sign Program

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 Service Registration Guides are provided at https://finance.ky.gov/eProcurement/ResourcesSupport/How%20to%20Respond%20to %20Online%20Bid%20through%20Kentucky%20Vendor%20Self%20Service.pdf

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).

Proposals shall be submitted in three (3) parts: The Technical Proposal, the Cost Proposal, and Proprietary Information. Each part shall consist of one document attachment. Do not submit multiple document attachments as Technical, Cost or Proprietary. All files shall be labeled accordingly. Attachments may not exceed 65,000 KB.

Proposals submitted online 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 proposal after the published date and time for closing.

A proposal 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.

6.6 Format of Response

A. . 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.

1. Proposals must be submitted electronically in the eProcurement System. See Attachment F How to Respond to an Online Bid through the Kentucky Vendor Self Service site.

a. The Technical Proposal shall be submitted on one (1) document marked Technical (in Microsoft Word, Microsoft Excel or PDF format ONLY). Do not include embedded documents, hyperlinks or hyperlinks to videos. The document should be named in the following manner: RFP

23.259 - Technical – Name of offeror

b. The Cost Proposal shall be submitted on one (1) document marked Cost (in Microsoft Word, Microsoft Excel or PDF format ONLY). Do not include embedded documents, hyperlinks or hyperlinks to videos. The document should be named in the following manner: RFP 23.259 -Cost – Name of offeror

c. Any Proprietary Information shall be submitted on one (1) document marked Proprietary (in Microsoft Word, Microsoft Excel or PDF format ONLY). Do not include embedded documents, hyperlinks or hyperlinks to videos. The document should be named in the following manner: RFP

23.259 - Proprietary – Name of offeror

Document Description Page 18 mailto:Finance.CRCGroup@ky.gov

Pricing shall only be provided in the Cost Proposal. DO NOT SUBMIT ANY

PRICING INFORMATION IN THE TECHNICAL PROPOSAL.

All submitted Technical and Cost Proposals shall remain valid for a minimum of six

(6) months after the proposal due date.

6.7 Technical Proposal Content

A. Transmittal Letter

The transmittal letter shall be on the vendor’s letterhead, and signed by an agent authorized to bind the vendor. The transmittal letter shall include the following:

i. A statement that deviations are included, if applicable. Proposed deviations must be outlined in the transmittal letter. Any deviation from the provisions of the solicitation must be specifically identified by the vendor in its proposal, which if successful, shall become part of the contract. Such deviations shall not be in conflict with the basic nature of this solicitation. The Commonwealth reserves the right to reject any and/or all deviations in whole or in part.

ii. A statement that, if awarded a contract as a result of this solicitation, the vendor shall comply in full with all requirements of the Kentucky Civil Rights Act, and shall submit all data required by KRS 45.560 to 45.640;

iii. A statement pursuant to KRS 11A.040 that the vendor has not knowingly violated any provisions of the Executive Branch Code of Ethics;

iv. A statement of that the vendor is in compliance with Prohibitions of Certain Conflicts of Interest;

v. A statement of certification in accordance with Federal Acquisition Regulation 52.209-5, Certification Regarding Debarment, Suspension, and Proposed Debarment that to the best of its knowledge and belief, the vendor and/or its principals is (are) not presently debarred, suspended, proposed for debarment, or declared ineligible for the award of contracts by any State or Federal agency.

vi. The name, address, telephone number, and email address of the contact person for this RFP. The address shall be one in which the major overnight delivery services will deliver.

vii. The name, address, telephone number, and email address of the contact person to serve as a point of contact for day-to-day operations.

viii. Subcontractor information to include name of company, address, telephone number and contact name, if applicable.

ix. Federal Tax ID

x. A statement that the vendor agrees to comply with items included in the

Mandatory Checklist, if applicable.

B. Disclosure of Violation of Statutes Pursuant to KRS 45A.485, contractors are required to reveal final determinations of violation of certain statutes incurred within the last five (5) years and be in continuous compliance with those statutes during the contract. Where applicable, the vendor is required to complete and submit Report of Prior Violations of Tax and Employment Laws.

C. 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:

Document Description Page 19 to obtain a certificate of authority to transact business in the Commonwealth (“certificate”) from the Secretary of State under KRS 14A.9-030: https:// apps.legislature.ky.gov/law/statutes/statute.aspx?id=40424 therefore, foreign entities should submit a copy of their certificate with their solicitation response. If the foreign entity is not required to obtain a certificate as provided in KRS 14A.9-010: https://apps.legislature.ky.gov/law/statutes/ statute.aspx?id=44318, the foreign entity should identify the applicable exception in its solicitation response. Foreign entity is defined within KRS 14A.1-070:

https://apps.legislature.ky.gov/law/statutes/statute.aspx?id=50474

Businesses can register with the Secretary of State at:.

https://www.sos.ky.gov/bus/business-filings/Pages/default.aspx

D. Required Annual Affidavit and Other Affidavit(s)

E. Proposed Solution (see Section 6.8)

6.8 Proposed Solution Content

Response should be based on the RFP requirements and should include the following:

1. MANDATORY Requirement All contractors bidding on this project and any sub-contractors used for performing the work, shall possess a Certificate of Eligibility, for work classification F - Signs, as provided in regulations published by the Department according to KRS Section

176.140 and as stipulated in Section 102.01 of the Standard Specifications for Road and Bridge Construction, Current Edition. This Certificate of Eligibility shall be obtained prior to the bid closing. Vendors that are not on the prequalified list on the date that the bid closes shall not be considered for award. All contractors and subcontractors shall remain pre-qualified throughout the term of the contract.

For information on the prequalification process please contact the Prequalification Branch Manager in the Division of Construction Procurement at 502-564-3500.

2. Company Information/Business Plan/Marketing Plan

a. Description of the business

b. Number of years in Business

c. Describe your business plan to meet the contract requirements

d. Describe your marketing Plan to maximize revenue

3. Experience

a. Describe prior experience with this type of work in other locations.

b. Please list any…