BID DOCUMENTS FOR A REGENERATIVE AIR STREET SWEEPER LOUISVILLE REGIONAL AIRPORT AUTHORITY MAINTENANCE ADMINISTRATION AND SUPPORT SERVICES BUILDING 4320 PARK BOULEVARD LOUISVILLE, KENTUCKY 40209-0129

CONTENTS DESCRIPTION

PAGE

Cover Page Invitation to Submit Bid.................................................................................................... I-1 Definition of Terms.......................................................................................................... T-1 Instructions to Bidders ................................................................................................. ITB-1 General Conditions ....................................................................................................... GC-1 Bid Form ...................................................................................................................... BF-1 Bidder’s Experience and Qualifications Questionnaire .................................................. Q-1 Attachment A – Specifications Attachment B – Bid Bond Attachment C – Purchase Order Terms & Conditions

INVITATION TO SUBMIT BID LOUISVILLE REGIONAL AIRPORT AUTHORITY Sealed Bids will be received at the Maintenance Administration Office and Support Services Building, 4320 Park Boulevard, on behalf of the Louisville Regional Airport Authority, Louisville, Kentucky, 40209, until and not later than April 10, 2015, for the following item: REGENERATIVE AIR STREET SWEEPER Bid Opening on April 10, 2015 at 1:30 p.m. The Authority is soliciting Bids from Companies who can sell, transfer and deliver the Sweeper as specified in the Bid Documents. The successful Bidder will be responsible for providing the Sweeper in the manner and frequency as specified in the Bid Documents. Each bidder should examine the Bid Documents and all attachments thereto to obtain a comprehensive understanding of these documents. Bid Documents may be obtained at the Authority, or through the Authority’s web-site at www.flylouisville.com or by fax request to Purchasing at (502) 380-8270, beginning March 25, 2015. Bids will be publicly opened and read in the Conference Room of the Maintenance Administration Office and Support Services Building. The Authority in accordance with Title VI of the Civil Rights Act of 1964, 78 Statue, 252, 42 U.S.C. 2000d to 2000d-4 and Title 49, Code of Federal Regulations, Department of Transportation, Subtitle A, Office of the Secretary, Part 21, Non-discrimination in Federally Assisted Programs of the Department of transportation issued pursuant to such Act, hereby notifies all Bidders that it will affirmatively insure that in any Award made pursuant to this advertisement, Disadvantaged Business Enterprises (“DBE’s”) will be afforded full opportunity to submit Bids in response to this invitation and that no Bidder will be discriminated against on the grounds of, race, creed, handicap, color, religion, sex or national origin in consideration for an Award. The Authority hereby notifies all bidders that it will affirmatively ensure that disadvantaged business enterprises, as defined in 49 Code of Federal Regulations Part 23, will be afforded full opportunity to submit bids in response to this invitation and that no bidder will be discriminated against on the grounds of race, color, creed, age, sex or national origin in consideration for an award issued pursuant to this advertisement. The Authority reserves the right to waive any informality in any bid, to reject any and all bids and to negotiate with the bidder whose bids, in the Authority’s opinion, is the best bid offered and the most advantageous to the Authority, to such extent as may be necessary.

I-1

DEFINITION OF TERMS Whenever the following terms are used on these Bid Documents, or in any other documents or instruments pertaining to the product or service where these Specifications govern, the intent and meaning shall be interpreted as follows. All terms may not be used/applicable to this document. ADVERTISEMENT: The Invitation to Submit Bids for the provision of the product or service to be awarded. AGREEMENT: That document to be entered into by the Authority and the Bidder, which together with the Bid Documents constitutes the basis for providing the product or service. AGREEMENT DOCUMENTS: All written material covering the product or service to be provided. The Agreement documents may include, but are not limited to the following: the Cover Page; Invitation to Submit Bids; Definition of Terms; Instructions to Bidders; General Conditions; Bid Form; the Performance Bond and Payment Bond; Bid Guaranty; Insurance Certificates; any Attachments; any Addenda; and the Agreement and/or Purchase Order. AIRPORT: Airport means any and all property and improvements owned, leased, operated or controlled by the Authority, which, for the purposes of these Bid Documents, shall mean Louisville International Airport and Bowman Field, Kentucky. AUTHORITY: The Louisville Regional Airport Authority acting through its duly authorized representatives. AWARD: The acceptance by the Authority, through formal action of its Board, of the successful Bidder’s offer to provide the product or service. BANK LETTER OF CREDIT: The irrevocable letter of credit issued by a commercial bank acceptable to, and in a form satisfactory to, the Authority in its sole discretion and drawable at a financial institution located in Louisville, Kentucky. BID: All required submissions contained in the written offer of the Bidder, submitted on the Authority’s Bid Form, to provide the product or service in accordance with the provisions of the Bid Documents. BIDDER OR BONA FIDE BIDDER: Any individual, partnership, firms or corporation acting directly or through a duly authorized representative, which submits a bid for the performance of the product or service herein offered. BID DOCUMENTS: Shall be defined and have the same meaning as Agreement Documents and may also include a Bank Letter of Credit or other satisfactory bid guaranty submitted with the Bid. BID DUE DATE: Shall mean April 10, 2015 at 1:30 p.m. CALENDAR DAY: Holidays.

Every day shown on the calendar, including Saturdays, Sundays and T-1

BIDDER OR COMPANY: The individual, partnership, firm or corporation to which the Award is made and which is liable for providing the product or service in conformance with the Agreement Documents. DISADVANTAGED BUSINESS ENTERPRISE (DBE): A certified business enterprise, as defined paragraph 23.5, 49 C.F.R. Part 23, which is majority owned and managed by a female or certain ethnic minority individual(s). PURCHASE ORDER: A Louisville Regional Airport Authority purchase order which is an offer to Seller and shall become a binding contract upon the terms and conditions set forth herein and within the Bid Documents upon acceptance by Seller either by acknowledgement or commencement of performance. Any terms or conditions (including price and delivery dates) proposed by Seller in accepting the Authority’s offer, which are inconsistent with or in addition to the terms and conditions herein set forth, shall be void and of no effect unless and to the extent expressly accepted by the Authority in writing. SPECIFICATIONS: A part of the Bid Documents or Agreement Documents that contain the written directions and requirements for qualifying for the Award and providing the product or service. SURETY: The corporation, partnership or individual, other than the Company, executing either or both the bid guaranty and the Performance Bond that are furnished to the Authority by the Company. Surety shall be licensed to do business in the State of Kentucky. WRITTEN NOTICE: All notices required by the Bid Documents or Agreement Documents shall be in writing, and shall be sufficient, and shall be deemed delivered, if hand delivered, or sent by the certified mail, postage prepaid, by one party to the other at such receiving party’s principal place of business or the last business address known to the party giving the notice. Whenever, in these Bid Documents or Agreement Documents, the words “directed”, “required”, “permitted”, “ordered”, “designated”, “prescribed” or words of the like are imported are used, it shall be understood that the direction, requirement, permission, order, designation or prescription of the Authority is intended; and similarly, the words “approved”, “acceptable”, “satisfactorily” or words of the like imported are used, it shall mean approved by, acceptable to or satisfactory to the Authority. Whenever the words “he”, “his”, “him”, etc. are used in these Bid Documents or Agreement Documents it shall be understood that such words mean male, female or an impersonal business entity. Any reference to a specific requirement of a numbered Section, Subsection, Paragraph or Subparagraph of the Bid Document or Agreement Document, or cited standard in the Specifications, shall be interpreted to include all general requirements of the entire Section, Subsection, Paragraph or Subparagraph or any Specification item or cited standard, that may be pertinent to such specific reference.

T-2

REGENERATIVE AIR STREET SWEEPER FOR THE LOUISVILLE REGIONAL AIRPORT AUTHORITY INSTRUCTIONS TO BIDDERS I.

INVESTIGATION OF CONDITIONS

The submission of a Bid shall constitute conclusive evidence that the Bidder has investigated all technical specifications, site inspections, the manner and environment in which the Sweeper will be used and is aware of circumstances, procedures, and requirements affecting the Sweeper to be provided. The attention of the Bidder is specifically directed to, and Bidder will be conclusively presumed to have read and become familiar with, all Bid Documents. No claim for adjustment of the provisions of the Agreement Documents, and particularly of the fees to be paid by the Authority to the Bidder, shall be honored. II.

BID REQUIREMENTS

2.1

The deadline for submitting the Bid Form and other related information is 1:30 p.m. April 10, 2015.

2.2

Bids not conforming to the following requirements may be rejected: a. The Bid Form and all other information required by the Bid Documents must be submitted in a sealed envelope clearly addressed and identified as follows: Louisville Regional Airport Authority Attn: Director of Purchasing and Procurement 4320 Park Boulevard Louisville, Kentucky 40209 BID FOR: REGENERATIVE AIR STREET SWEEPER b.

If mailed by regular mail, the sealed envelope containing the Bid Form and addressed as specified above shall be in an outer envelope addressed to: Louisville Regional Airport Authority Attn: Director of Purchasing and Procurement 4320 Park Boulevard Louisville, Kentucky 40209

c.

If sent by overnight courier service or by hand delivery, the sealed envelope containing the Bid Form and addressed as specified above, shall be in an outer envelope addressed to: Louisville Regional Airport Authority Attn: Director of Purchasing and Procurement 4320 Park Boulevard Louisville, Kentucky 40209 ITB-1

d.

Bids must include a Bank Letter of Credit, Bank Cashier’s Check, or Bid Bond, payable without conditions to the Louisville Regional Airport Authority in the amount of Fifteen Thousand Dollars ($15,000.00). Surety will be delivered to the Authority as a guarantee that if the Bid is accepted, an Agreement will be entered into within thirty (30) days after such Agreement, ready for execution, is given to the successful Bidder by the Authority. Such Bid Bond shall be drawn against by the Authority, and the amount so drawn shall constitute the agreed amount of liquidated damages in the event the successful Bidder fails to enter into said Agreement within thirty (30) days. The Bid Surety of the successful Bidder shall be returned upon receipt of a fully executed Agreement as specified in these Bid Documents. Surety of unsuccessful Bidders will be returned within thirty (30) days after the successful Bidder has been issued a Notice of Award. Attachment “B” shall be used for the Bid Bond.

2.3

Bids must be submitted on the Bid Form, which must not be detached from the Bid Document. All blank spaces in the Bid Form must be properly filled in, and the Bid Form properly signed by the Bidder or Bidder's legally authorized officer or agent.

2.4

Bidders must sign and have notarized, the “Bidder’s Affidavit” which is part of the Bid Form. This affidavit covers non-collusion and non-conflict of interest. Any Bid that does not include the properly executed affidavit will be declared invalid.

2.5

Bidder must submit, among other things, a statement of its experience as required in the Questionnaire attached hereto as part of the Bid Documents.

2.6

Bidder must submit two copies of its Bid. Bidders must use blue ink on all lines requiring signature and/or written information contained in both the Bid Form and Questionnaire.

2.7

Bidder must furnish all data, exhibits or statements that it deems essential and pertinent to assure total understanding and evaluation of its Bid by the Authority.

2.8

Bids must be submitted in such manner as to make them complete and free from ambiguity, without alterations or erasures.

III.

REJECTION OR ACCEPTANCE OF BIDS

3.1

At any time, up to the hour and date set for receipt of Bids, Bidder may withdraw its Bid by requesting in writing to the Authority. After the scheduled time of receipt of Bids, Bidder will not be permitted to withdraw its Bid and the submission of a Bid will constitute a valid offer subject to acceptance by the Authority for a period of 90 Calendar Days following the due date for Bids.

3.2

The Authority reserves the right to reject any and all Bids, waive any irregularities in any Bid, and to negotiate for the modification of any Bid. The Authority reserves the right to accept the Bid, which in its sole judgment, is deemed the most desirable and advantageous to it from the standpoint of customer service and value, and concept of operation, even though such Bid may not on its face appear to be the lowest and best price to the Authority. ITB-2

3.3

Any Bid, which is incomplete, conditional, ambiguous, and obscure or which contains additions or alterations not called for, or irregularities of any kind, may be rejected for such reason or reasons.

3.4

If the successful Bidder refuses to enter into the Agreement or Purchase Order within 30 Calendar Days after the Agreement or Purchase Order is given to the successful Bidder for execution, the Authority shall have the right to accept the Bid(s) of any other qualified Bidder(s) which submitted a bona fide Bid in response to this Bid Document, without re-advertisement.

IV.

DISQUALIFICATION OF BID

Any of the following causes may be considered as sufficient for the disqualification of a Bidder and the rejection of a Bid. a. Submission of more than one Bid hereunder by an individual, firm or corporation under the same or different names. b. Failure to submit the required Surety. c. Evidence of collusion among Bidders. d. A Bidder's default or arrearage under any other previous or existing agreement with the Authority. e. Existence of any unresolved claims between the Bidder and the Authority. V.

NO UNAUTHORIZED CONTACT BY BIDDERS No Unauthorized Contact by Bidders. Upon the advertisement or other publication of any request for proposals (“RFP”), request for qualifications (‘RFQ”), invitation for bids, or other procurement and during the evaluation period for the same: There shall be no communication or contact initiated by bidders, potential bidders, proposers, potential proposers, responders or potential responders or their representatives (collectively, “bidders”) directed at members of the Authority’s board, its employees, its consultants, or its other representatives concerning the subject of the procurement process, except as permitted by the Authority’s published RFP, RFQ, invitation for bid, or other procurement documents. 1. Unrelated Contact. If the Authority currently contracts with a bidder, this policy shall not prohibit communications between the Authority and the other party to the extent they relate to the existing contract and not the ongoing procurement process. 2. Contact by the Authority. This policy shall not prohibit Authority employees or representatives from contacting a bidder for the purpose of obtaining further information. ITB-3

3. Policy Violations. The Authority may reject a bid, proposal, or response in the event of any violation of this policy. VI.

INCOMPLETE BIDS

The Authority may consider incomplete any Bid not prepared and submitted in accordance with the provisions of these Bid Documents. Any alteration, omission, addition to the Bid form or any unauthorized conditions, limitations or provisions attached to a Bid may render it incomplete and may be sufficient cause for its rejection. The Authority may also consider the Bid incomplete and may reject it if: a. The Bid Form furnished herein is not used or is altered. b. There are alternate Bids not called for or irregularities of any kind, which may tend to make the Bid indefinite or ambiguous as to its meaning. c. Any documents necessary for Bid purposes which are not complete, are improperly executed, or are missing. VII.

BASIS FOR AWARD

Awards will be based on the best Bid as determined by the Authority in its sole and absolute discretion. Criteria for Awards may include, but will not be limited to: price, quality, delivery, supplier history, and previous experience with the Authority. VIII. NOTICE OF AWARD It is anticipated that the Authority will give the Notice of Award to the successful Bidder within 30 Calendar Days after the Bids are received. However the Authority reserves a period of 60 Calendar Days after such receipt during which time the Notice of Award or issuance of an Authority Purchase Order may be given. Bidder, to whom an Award is made, shall within seven days of the date of receipt of the Notice of Award or Authority Purchase Order acknowledge said Agreement Documents. IX.

GENERAL

The following general conditions relate to the submission of Bids and any Award to be made as a result thereof: a. The Authority reserves the right to accept the Bid offered by a responsible and qualified Bidder which, in the Authority's sole opinion, best meets all of the goals and requirements stated elsewhere in these Bid Documents. Responsibility and qualification are to be determined from the information furnished by the Bidder as well as from other sources determined to be appropriate by the Authority. The Authority further reserves the right not to make an award until after such investigations, as are deemed appropriate, are made regarding the experience, financial responsibility and qualifications of the Bidder.

ITB-4

b. The Authority shall not be obligated to respond to any Bid submitted, nor shall the Authority be legally bound in any manner whatsoever by the submission of a Bid by any Bidder. c. Any agreement arising out of any Bid submitted hereunder, and any negotiations that may follow, shall not be binding or valid against the Authority, its officers, employees or agents unless reduced to writing and executed by the Authority. d. Statistical information contained in these Bid Documents is for information purposes only. The Authority is not responsible for any inaccuracies or interpretations of data. e. Under Kentucky’s Open Records Act, the Bid submitted in response to this solicitation will be subject to inspection by the public, unless an exception to the Open Record Act applies. KRS 61.878(1)(c)(1) excludes from the Act’s disclosure requirements “records confidentially disclosed to an agency…generally recognized as confidential or proprietary, which if openly disclosed would permit an unfair commercial advantage to competitors of the entity that disclosed the records.” If Bidders response to this solicitation contains information Bidder deems as confidential or proprietary, Bidder shall clearly mark the pages containing such information as “CONFIDENTIAL” or “PROPRIETARY.” Bidders may not classify an entire Bid as proprietary or confidential. Bidders’ classifications of information as confidential or proprietary will not be binding upon the Authority. X.

EXPLANATION WRITTEN AND ORAL

Should there be any doubt as to the meaning or content of these Bid Documents, the Bidder shall at once notify Phyllis Baylor, Purchasing Coordinator, in writing by 12:00 noon Eastern Time on April 2, 2015. The fax number is (502) 380-8270. Corrections, changes or clarification, if required, will be made in written addenda to all that have received such documents. The Authority will not be responsible for any oral or other instructions, interpretations or explanations. XI.

GRATUITIES AND KICKBACKS

The Bidder shall not offer, give or agree to give any Authority employee or former Authority employee a gratuity or an offer of employment in connection with any decision, approval, disapproval, recommendation, preparation of any part of a program requirement or a purchase request, influencing the content of any specification or procurement standard, rendering of advice, investigation, auditing or in other advisory capacity in any proceeding of application, request for ruling, determination, claim or controversy. XII.

KENTUCKY RECIPROCAL PREFERENCE: (a) Reciprocal Preference Statutes. The evaluation of responses to this solicitation is subject to a reciprocal preference for Kentucky residents under KRS 45A.490 to 45A.494, which are attached hereto as Exhibit “A” and incorporated herein. (b) Residents. A bidder wishing to claim resident status must submit the completed affidavit attached hereto as Exhibit “B” with its response. ITB-5

The Authority reserves the right to request information supporting a claim of resident status. Failure to provide such information upon request shall result in disqualification or contract termination. (c) Nonresidents. Bidders not claiming resident status need not submit the affidavit referenced above. Each nonresident bidder shall submit with its response a certificate of authority to transact business in the Commonwealth as filed with the Commonwealth of Kentucky, Secretary of State. The location of the principal office identified there shall be deemed the state of residency for the bidder. If the bidder is not required by law to obtain a certificate of authority from the Kentucky Secretary of State, the Bidder’s state of residency shall be deemed to be that which is identified in its mailing address as provided in its response.

ITB-6

REGENERATIVE AIR STREET SWEEPER FOR THE LOUISVILLE REGIONAL AIRPORT AUTHORITY GENERAL CONDITIONS I.

GENERAL DESCRIPTION

The Authority intends to grant to the most qualified and responsible Bidder (the “Bidder”) the right and obligation to sell, transfer and deliver the Sweeper to the Louisville Regional Airport Authority (the “Authority”), as more fully described herein. The Bidder shall base its prices generally upon the conditions contained in this document. The Bidder shall furnish, without limitation, all labor, equipment and materials as specified herein all at the successful Bidder’s expense. II.

BIDDER QUALIFICATIONS

2.1

In order to be considered qualified to provide the Sweeper hereunder, each Bidder must, at a minimum, meet the following criteria: a. Have not less than five years experience in providing the Sweeper required in this Agreement, to which the Bidder must give documentation and contact references to The Authority, as outlined on the Bidder’s Experience and Qualifications Questionnaire. b. Provide satisfactory evidence that it can meet or exceed every minimum standard stipulated in the Scope of Work and Specifications.

2.2

It is mandatory that the individual, partnership, joint venture, limited liability Bidder or corporation submitting a bid have the above minimum qualifications; and if such is found not to be the case, any Bid submitted by such individual, partnership, joint venture, or corporation will be rejected. In the case of a Bid submitted by a partnership or a joint venture, at least one of the general partners thereof or one of the constituent members of such partnership or joint venture must possess said minimum qualifications.

III.

SCOPE OF WORK

3.1

The Bidder agrees to provide to the Authority the Sweeper in accordance with the terms set forth in the Bid Documents and as the Authority has specified in the Specifications attached hereto as Attachment A. The terms of the Bid Documents shall supersede any contrary or inconsistent terms set forth on any purchase orders, purchase order acknowledgements, invoices, confirmations and/or other similar documents. No supplemental provisions of any such purchase orders, purchase order confirmations, invoices, confirmations or other similar documents shall be binding upon the Authority unless such document is signed by an authorized representative of the Authority.

3.2

The Sweeper shall be new and unused, of the latest product in production to commercial trade and shall be of the highest quality as to materials used. Manufacturer furnishing the GC-1

Sweeper shall be experienced in design and production of such Sweeper and shall be an established supplier of the Bid items. IV.

SPECIFICATIONS

4.1

The Bidder shall submit the brand name, descriptive literature and photograph of the Sweeper provided in its Bid. If the Bidder is not able to provide the Sweeper as described in the Specifications, please so indicate with specificity.

4.2

Specifications may refer to name brands or model numbers. The intent is to establish a desired quality level of merchandise or to meet a pre-established standard due to like existing items. Bidder may offer an equivalent Sweeper. The burden of proof of such equivalency rests with the Bidder. The Authority shall act as sole judge of equivalency and acceptability of the Sweeper.

V.

DELIVERY AND INVOICING

5.1

The successful Bidder shall deliver the Sweeper to the Maintenance Administration Office and Support Services Building, 4320 Park Boulevard, Louisville, Kentucky, 40209. Delivery shall be coordinated with the Purchasing Coordinator, or her designated representative.

5.2

All pricing shall be based on F.O.B. destination delivery.

5.3

The Bidder will submit an itemized invoice to the Authority upon completion and final approval of the Sweeper. Payment terms are net 30 days from Company’s invoice date.

5.4

Invoice(s) shall be directed to: Louisville Regional Airport Authority ATTN: Accounts Payable P. O. Box 9129 Louisville, Kentucky 40209-9129

VI.

MISCELLANEOUS

6.1

Term: The Bidder shall be bound by its obligation to provide the Sweeper no later than June 22, 2015. Upon delivery, Sweeper will be inspected for acceptance by the Authority. The Bidder must not submit a Bid if unable to meet this deadline.

6.2

The Bidder agrees to perform and to abide by the covenants, agreements, terms and conditions set forth in Attachment “C”.

GC-2

REGENERATIVE AIR STREET SWEEPER FOR THE LOUISVILLE REGIONAL AIRPORT AUTHORITY BID FORM The undersigned Bidder, having examined the conditions associated with the proposed Sweeper to be provided, and having carefully read and examined all of the Bid Documents which include, but are not limited to: Cover Page, Definition of Terms, Invitation to Bid, Instructions to Bidders, General Conditions, and Bid Form; and any and all related documents to provide the Sweeper described therein, and having become familiar with the Specifications, requirements and procedures thereof, hereby proposes and offers to perform all obligations associated herewith and proposes to furnish all labor, supplies, and equipment required to perform all of the work in strict accordance with the Bid Documents. The undersigned certifies that it has examined and is fully familiar with all of the provisions of the Bid Documents and is satisfied they are accurate; that it has carefully checked all words and figures, and other matters that in any way affect the work or the cost thereof. I.

BID PRICE

1.1

The Bidder and/or manufacturer shall provide a minimum 2 year written warranty for materials and workmanship on the Sweeper.

1.2

Bidder shall quote unit price and anticipated delivery date on the lines provided below. The Bid Price must include all expenses of every kind and nature associated with the sale, transfer and delivery of the Sweeper.

1.3

The Bidder and/or manufacturer shall provide a minimum 3-years/36,000 miles written warranty for materials and workmanship on the Sweeper. The manufacturer will also warranty a 4-years rust through and 5 year/175,000 miles power train limited warranties.

1.4

The Bidder shall be bound by its obligation to provide the Sweeper no later than June 22, 2015. Upon delivery, the Sweeper will be inspected for acceptance by the Authority. The Bidder must not submit a Bid if unable to meet this deadline.

1.5

Bidder shall quote unit prices and anticipated delivery date on the lines provided below for the Sweeper. The Bid Prices must include all expenses of every kind and nature associated with the sale, transfer and delivery of the Sweeper. REGENERATIVE AIR SWEEPER

Price: $ Make/Model: II.

Delivery Date:

INSPECTION

The Authority shall inspect the Sweeper upon delivery and immediately notify the Bidder of any issues. The Authority may return the Sweeper, if found to be defective at the expense of the Bidder. The Bidder will immediately replace the Sweeper at its own expense, and will be responsible for immediately resolving any returns involving third parties without delay to the Authority. BF-1

SWEEPER INSPECTION AND ACCEPTANCE [NOT ALL ITEMS MAY APPLY] V.I.N. Pass FLUID LEVELS Engine Oil Transmission Oil Washer Fluid Radiator Batteries Brake Fluid Power Steering Tire Pressure Other: INTERIOR Driver Compartment Seats Windows Floor Coverings Entry Door Walls and Headliners Safety Equipment Warranty Packet Lighting A/C System - Front Rear Heating System - Front Rear Temporary Registration Emergency Exits Lift Certification Passenger Restraints W/C Restraints Lift Door Radio/speakers Mirrors

Date: Pass

Comments

Transmission Cooler Cut-off Switch Lift Operation Undercarriage FMVSS Sticker Manuals in Vehicle Wheel Chair Ramp Cleanliness Video Other: ROAD TEST Exterior Noise Interior Noise Vibrations/Rattles Interlock Gas Tank Full Brake Retarder Wheel Alignment Brakes Ground Clearance Air Suspension Other: ADDITIONAL COMMENTS Odometer Reading

At Inspection: AUTHORIZED SIGNATURE

Electrical Wiring Other: EXTERIOR

Inspector's Signature

Date

Cab/Body Bumpers Windows

Contractor's Signature

Date

Paint Turn Signals Entry Door Lights – Clearance Headlamps/Tail lamps Back-up Alarm

Comments

MISCELLANEOUS

Needed if repairs are required to pass inspection Sweeper Accepted By:

Agency Representative

Mirrors Other:

BF-2

Date

III.

WARRANTY REQUIREMENTS

The Bidder warrants to the Authority that the Sweeper shall be free from defects in materials and workmanship, and shall conform to the requirements of the order. The apparent silence of specifications as to any detail, or the apparent omission from it of a detailed description concerning any point, shall be regarded as meaning that only the best commercial practice is to prevail and that only material and workmanship of the finest quality are to be used. All interpretations of specifications shall be made on the basis of this statement. The Sweeper furnished under this contract shall be new and unused, of the latest product in production to commercial trade and shall be of the highest quality as to materials used and workmanship. Manufacturer furnishing the Sweeper shall be experienced in design and construction of such Sweeper and shall be an established supplier of the Bid items. 3.1

COMPANY WARRANTY

Warranties in this document are in addition to any statutory remedies or warranties imposed on the Company. Consistent with this requirement, the Company warrants and guarantees to the Authority each complete Sweeper, and specific subsystems and components as follows. NOTE: The Company providing this sweeper will be responsible for over-seeing all warranty work that is requested by the Authority and insuring that the work is completed in a timely manner. The Company will if necessary pay for any repairs requested by the Authority covered under a manufacturer warranty in any warranty dispute and will be responsible for resolving the dispute with the manufacturer of the component in need of repair. Warranty repairs are to be performed in the local Louisville Metro area. If repairs necessitate the return of the sweeper to the Company providing the sweeper for warranty repairs, the Company shall reimburse the Authority for all reasonable costs, such as, labor, mileage, and loss of service / rental of replacement unit, to return the sweeper to the Company. 3.2

SCOPE OF WARRANTY REPAIRS When warranty repairs are required, the Authority and the Company's representative shall agree within five working days after notification on the most appropriate course for the repairs and the exact scope of the repairs to be performed under the warranty. If no agreement is obtained within the five-day period, the Authority reserves the right to commence the repairs in accordance with "Repairs by Authority" (Section 4.14). 3.3

REPAIR PROCEDURES The Company is responsible for all warranty-covered repair work. To the extent practicable, the Authority will allow the Company or its designated representative to perform such work. At its discretion, the Authority may perform such work if it determines it needs to do so based on transit service or other requirements. The Company shall reimburse such work. 3.4

REPAIRS BY COMPANY The Company or its designated representative shall begin work on warranty-covered repairs, within five calendar days after receiving notification of a Defect from the Authority. The Authority shall make the bus available to complete repairs timely with the Company repair schedule. The Company shall provide at its own expense all spare parts, tools, and space required completing repairs. At the Authority's option, the Company may be required to remove the BF-3

sweeper from the Authority's property while repairs are being effected. If the sweeper is removed from the Authority's property, the Company’s representative must diligently pursue repair procedures. 3.5

REPAIRS BY AUTHORITY If the Authority performs the warranty-covered repairs, it shall correct or repair the Defect and any Related Defects utilizing parts supplied by the Company specifically for this repair. At its discretion, the Authority may use Company-specified parts available from its own stock if deemed in its best interest. On a monthly, or at a period to be mutually agreed upon, reports of all repairs covered by this warranty shall be submitted by the Authority to the Company for reimbursement or replacement of parts. The Company shall provide forms for these reports. 3.6

COMPANY SUPPLIED PARTS The Authority may require that the Company supply new parts for warranty-covered repairs being performed by the Authority. These parts shall be shipped prepaid to the Authority from any source selected by the Company within 10 (ten) working days of receipt of the request for said parts. Parts supplied by the Company shall be Original Equipment Supplier (OEM) equivalent or superior to that used in the sweeper original manufacture.

3.7

DEFECTIVE COMPONENTS RETURN The Company may request that parts covered by the warranty be returned to the manufacturing plant. The Company shall pay the total cost for this action. Materials should be returned in accordance with Company's instructions. 3.8

REIMBURSEMENT FOR LABOR The Company shall reimburse the Authority for labor necessary to make warranty repairs. The amount shall be determined by multiplying the number of man-hours actually required to correct the Defect by a per hour, 5M mechanic, straight wage rate, plus 25 % percent fringe benefits and 50% percent overhead, plus the cost of towing-in the sweeper if such action was necessary and if the sweeper was in the normal service area. These wage and fringe benefit rates shall not exceed the rates in effect in the Authority's service garage at the time the Defect correction is made.

3.9

REIMBURSEMENT FOR PARTS The Company shall reimburse the Authority for defective parts and for parts that must be replaced to correct the Defect. The reimbursement shall be at the current price at the time of repair and shall include taxes where applicable and 15 (fifteen) percent handling costs. 3.10

REIMBURSEMENT REQUIREMENTS The Company shall reimburse the Authority for warranty labor and/or parts within 60 (sixty) days of receipt of warranty claim.

3.11

WARRANTY AFTER REPLACEMENT/REPAIRS If any component, unit, or subsystem is repaired, rebuilt or replaced by the Company, or by the Authority with the concurrence of the Company, the component, unit, or subsystem shall have the unexpired warranty period of the original. Repairs shall not be warranted if Company provided or authorized parts are not used for the repair; unless the Company has failed to respond within five days.

BF-4

IV.

ADDENDA

The undersigned acknowledges receipt of Addenda as listed below and represents that any additions or modifications to, or deletions from the conditions, provisions for the Sweeper called for in these Addenda are included in this Bid. Addendum #:_____________________ Dated:______________ Addendum #:_____________________ Dated:______________ (Note: If no Addenda have been received, write in "None") V.

LEGAL STATUS OF BIDDER

5.1

Name of Bidder:

5.2

Corporation 1. When incorporated? 2.

Where incorporated (state)?

3.

Is the corporation authorized to do business in Kentucky? Yes ( )

4.

Furnish the following information on the principal officers of the corporation. NAME

5.3

TITLE

ADDRESS

Partnerships 1. 2. 3. 4.

Date of Organization General Partnership ( ) Limited Partnership ( ) Has the partnership done business in Kentucky? Yes ( ) No ( ) Name and address of each general partner: NAME

5.4

No ( )

ADDRESS

Joint Venture 1. 2.

3.

Date of Organization Has the Joint Venture done business in Kentucky? Yes ( ) No ( ) When? Name and address of each Joint Venturer: NAME

ADDRESS BF-5

5.5

Limited Liability Company 1. 2.

3.

Date of Organization Has the Limited Liability Company done business in Kentucky? Yes ( ) No ( ) When? Name and address of each Limited Liability Company: NAME

5.6

Sole Proprietorship 1. 2. 3. 4. 5.

VI.

ADDRESS

Proprietor's Name in Full Address Company Name Company Address How long in business under this Company name?

AFFIDAVIT

Attached hereto is the executed and notarized Bidders Affidavit as required in the Instructions to Bidders. The undersigned also specifically acknowledges the fact that the Authority’s primary responsibility in awarding purchase orders is to receive the Sweeper, and the undersigned pledges its determination to provide such Sweeper. THIS _______ DAY OF ___________________, 2015 SIGNATURE OF AUTHORIZED AGENT: TITLE: _______________________ TYPED OR PRINTED NAME OF AUTHORIZED AGENT: BUSINESS ADDRESS OF BIDDER:

Note: All sections of this Bid must be fully completed and filled in at the time this Bid is submitted. Where the requested information is not applicable, so indicate. Failure to do so may result in disqualification of the Bid.

BF-6

BIDDER’S AFFIDAVIT FOR A REGENERATIVE AIR STREET SWEEPER

State of County of

______________) ) ss ______________)

Affiant, _____________________________________, being first duly sworn, deposes and says: (1) The Bidder does hereby state that neither the Bidder nor any of its officers, partners, owners, agents, representatives, employees, or parties in interest, has in any way colluded, conspired or agreed, directly or indirectly, with any person, firm, corporation or other Bidder or potential Bidder in regard to the amount, terms or conditions of this Bid and has not paid or agreed to pay directly or indirectly any person, firm, corporation or other Bidder or potential Bidder any money or other valuable consideration for attempting to fix the prices in the attached Bid or the Bid of any other Bidder, and further states that no such money or other reward will be hereafter paid. (2) The Bidder further states that no person or selling agency has been employed or retained to solicit or secure the Agreement for a fee, commission, percentage, brokerage or contingent fee, except bona fide employees of the Bidder or a bona fide commercial or selling agency maintained by the Bidder for the purpose of securing business prices. (3) The Bidder further states that he/she has neither recommended nor suggested to the Authority, or any of its members, officers or employees any of the terms or provisions set forth in the Bid Documents, except at a meeting open to all interested Bidders, of which proper notice was given. (4) The Bidder further states that no officer, or stockholder of the Bidder is a member of the Authority or its staff, neither related to any member of the Authority or its staff except as noted herein: (5) The Bidder further states that no member or delegate to Congress, or state or local public official shall be admitted to any share or part of the Agreement, or to any benefit that may arise therefrom; provided, however, this provision shall not be construed to extend to the Agreement if made with a corporation for its general benefit: Signature of Affiant:

Title:

The foregoing instrument was subscribed, sworn to, and acknowledged before me this _____ day of __________, 2015, by _______________ of _______________ a _______________ corporation, on behalf of the corporation. Signature of Notary Public:

____________________

My commission expires:

____________________ BF-7

BIDDER’S EXPERIENCE AND QUALIFICATIONS QUESTIONNAIRE A REGENERATIVE AIR STREET SWEEPER FOR THE LOUISVILLE REGIONAL AIRPORT AUTHORITY The Bidder hereby certifies the truth and correctness of all statements and of all answers to questions herein. Omissions, inaccuracy or misstatements may be cause for rejection of a submitted Bid. All information requested in this Questionnaire must be completed, accurately and in the form requested. If more space is necessary for answering any of the questions in this questionnaire, use the reverse side of the form or attach additional pages as required. 1.

Name and address of Bidder:

2. Name and address of contact person for Bidder, for purposes of notice or other communication relating to the Bid.

Telephone Number: Fax Number: E-mail Address: 3.

Number of years Bidder has been in business: __________

4.

What is the nature of your experience in providing the Sweeper hereunder.

5. Give name, location, dates, terms, and subject matter of agreements, if any, which have been terminated within the last five years either voluntarily or involuntarily, prior to performance or prior completion of the expiration of its term. Also list any pending lawsuits or judgments relating to sale of goods or Sweeper within the past five years.

BF-8

6. Please give at least three references of companies to which you have provided a similar Sweeper. NAME OF COMPANY

CONTACT PERSON

TELEPHONE NUMBER

a. b. c. 7.

Other information Bidder may wish to furnish:

The undersigned hereby attests to the truth and accuracy of all statements, answers and representations made in this Questionnaire, including all supplementary statements attached hereto (individual, partner(s), joint venturer, or authorized officer of corporation). Signature

Title

BF-9

Date _______

ATTACHMENT “A” SPECIFICATIONS – STREET SWEEPER It is the intent of these specifications to describe a regenerative air street sweeper with hydraulic drives, minimum 4.0 cubic yard stainless steel hopper, and a minimum 78" wide pickup head. The head must be capable of sweeping in reverse with the head down without causing damage to the pickup head or its components. The unit must be equipped with vertical digger-type gutter brooms, pressurized dust control spray system and an independent engine to power the sweeping functions. The chassis for this sweeper is to be sufficiently rated to transport a full load of sweeping debris at speeds up to 65 MPH. For the purposes of quick, local service along with local availability of repair parts, the chassis will NOT be a purpose built chassis built by the sweeper manufacturer and SHALL be sourced so that local (Louisville, KY) dealership(s) can perform warranty and repair services. The unit shall be new of current manufacture. No prototype, demo, or used sweepers will be accepted. All parts not specifically mentioned which are necessary to provide a complete street sweeper shall be included in the bid and shall conform in strength, quality of materials, and workmanship to what is normally provided to the trade in general. Bidders must indicate compliance for each item throughout the bid by writing "YES" or "NO" in the spaces provided. Failure to do so may be cause to reject the bid. All "NO" (exceptions) answers must be fully explained on a separate sheet of paper and be attached to and submitted with bid. Failure to explain "NO" answers may be cause to reject bid.

SPEC- 1

Comply Y/N SWEEPER ENGINE _________ A. An auxiliary diesel engine shall be provided to power the sweeper. The engine shall be four-cylinder turbo-charged with a horsepower rating of not less than 56 HP at 2,600 RPM or equivalent. Minimum displacement shall be not less than 148.5 cubic inches. _________ B. Engine shall be equipped with a full-flow spin-on oil filter, fuel filter and fuel water separator. _________ C. Unit shall have a heavy-duty two-stage dry type air cleaner with a centrifugal pre-cleaner and air filter restriction indicator. _________ D. Engine shall be equipped with a 3-point safety engine shutdown device that shuts down the engine for low oil pressure, high coolant temperature, and low coolant level. _________ E. Injector pump shall have centrifugal type variable speed governor for speed control of auxiliary engine RPM. _________ F. Twelve (12) volt electrical system, electric starter and 45 amp alternator shall be provided. Sweeper shall have resettable circuit breakers. _________ G. Sweeper auxiliary engine to share 30 gallon fuel tank and batteries with chassis engine. _________ H. Auxiliary engine, muffler, blower housing, fuel tank, battery box, and hydraulic tank and cooler shall be protected by a shroud. HYDRAULIC SYSTEM _________ A. Hydraulic power shall be used to operate all broom rotation and lifting functions of the sweeper. All functions shall operate independently of each other with their own in-cab controls to include separate controls for each gutter broom. _________ B. Sweeper shall utilize a direct drive, gear driven hydraulic pump, minimum 13.5 gallon vented hydraulic reservoir with a minimum 80 mesh suction strainer, a spin-on 10 micron return filter, and high pressure hoses and fittings. Hydraulic reservoir to have tank mounted level and temperature indicator and reservoir is to be mounted above hydraulic pump. _________ C. Hydraulic system shall have a 12,500 BTU oil to air radiator type hydraulic oil cooler. _________ D. Hydraulic tank shall have shut-off valves for hydraulic oil filter servicing. SPEC- 2

_________ E. Hydraulic pressure shall not exceed 2,250 PSI. _________ F. Hydraulic system shall have quick disconnect relief pressure check ports mounted in the hydraulic manifold. _________ G. For safety of the operator, no sweeper hydraulic lines shall run into or through the cab. _________ H. Hydraulic valves shall have built-in diagnostic system lighting for troubleshooting hydraulic flow. _________

I. A 12-volt DC hydraulic backup system shall be provided which may be used to operate all hydraulic functions without starting the auxiliary engine.

DUST SEPARATOR _________ A. Separation of the dirt and refuse from the air stream shall be accomplished within the hopper by means of a centrifugal dust separator. The dust separator shall be designed so that it will not plug with normally encountered debris. _________ B. The dust separator must have a clean-out door that opens automatically and discharges debris from the separator when the hopper is raised to the dump position. The dust separator must be automatic self-emptying each time the hopper is dumped. HOPPER _________ A. The volumetric capacity of the hopper shall not be less than 4.0 cubic yards. _________ B. A heavy gauge stainless steel hopper screen of not less than 10 gauge shall be provided to allow air to move freely from the hopper into the centrifugal dust separator. Screen shall be bolt-in design for easy replacement. _________ C. Hopper roof shall include a hinged door allowing access for washout of the screen. This door shall be in addition to the dump door. Dump door shall be constructed from steel and be opened and closed hydraulically with dual hydraulic cylinders. One in-cab switch shall open and close the rear door as well as raise and lower the hopper. _________ D. Dumping shall be accomplished hydraulically by tilting the hopper a minimum of 88 degrees. Contents are to be dumped to the rear of the vehicle at a minimum height of 67 inches. No less than two dumping cylinders are to be used for tilting hopper. Tilting of hopper is to be controlled from within the sweeper cab. _________ E. Hopper shall be airtight through the use of rubber seals on all doors and openings. _________ F. Hopper shall be constructed of stainless steel. SPEC- 3

_________ G. Large inspection doors, approximately 24” x 10” shall be provided on left and right sides of hopper. These doors provide an easy way to manually load debris and provide a convenient access for hopper inspection and cleaning. _________ H. Hopper interior shall be coated with an anti-wear/anti-seize coating. _______

I.

Hopper shall have a bolt-on steel shroud enclosing the auxiliary engine, muffler, blower housing, fuel tank, battery box, and hydraulic tank and cooler. Shroud shall be designed to help protect components from the elements and vandals. Shroud shall also be designed to reduce auxiliary engine noise by having a minimum of 1" thick sound deadening material attached to the inside of shroud in the engine compartment area.

_________

J. Sweeper shall include a load weight alarm and light to alert operator when hopper is full.

BLOWER _________ A. Heavy-duty steel blower shall be used to create air pressure and suction (regenerative air) for removing debris from road surface. _________ B. Blower to be powered by the sweeper auxiliary engine via a heavy-duty 3v 8groove belt. A belt safety guard shall be supplied. _________ C. The blower shall be a closed face turbine type with 10 curved blades, having a 30-inch diameter while being 3 inches wide. The blower shall be constructed of 500BHN abrasion resistant steel. Fan to be fully balanced within 1.5 grams on both sides for long fan and bearing life. A die-cast aluminum alloy open face blower, either covered with rubber or not, or a die cast steel open face blower will not be acceptable. _________ D. Blower shall have a rated performance of 40 inches of water and 12,000 CFM. _________ E. Must be Whisper Wheel equipped to provide a 360 degree average dB (a) rating of 72.0 or less at an unobstructed distance of 50 feet at 2000 engine RPM. Sound dampening material is required in the area of the auxiliary engine and blower to aid in soundproofing. _________ F. The blower housing shall be constructed of 10-gauge steel with the inside of the housing covered with a replaceable rubber liner. _________ G. Blower housing shall have a vacuum enhancer for discharging a portion of the blast air for sweeping light materials such as leaves and paper. The vacuum enhancer shall be electrically powered by a DC actuator and controlled from a switch located on the control panel inside the cab. The vacuum enhancer shall be capable of 0 - 80% air diversion for maximum control.

SPEC- 4

_________ H. Blower housings shall not be an integral part of the hopper. Replacement of the blower housing must be possible without having to cut the housing from the hopper and having to re-weld a new housing into the hopper.

_________

I. Blower shall be mounted on self-aligning, sealed anti-friction bearings, blower shaft to have greaseable shaft bearings.

_________

J. Blower bearings must have 2 remote grease fittings so that bearings can be greased from ground level

PICKUP HEAD _________ A. Pickup head shall be spring balanced, all steel fabricated with separate upper and lower chambers where pressurized air is blasted from the upper chamber through an elongated blast orifice to the lower chamber. _________ B. The pickup head shall be no less than 78 inches wide and 26 inches long giving a total head area of not less than 2,340 square inches. _________ C. Pressure and suction hoses shall be twelve inches in diameter and be constructed from 3/8-inch thick heavy-duty molded wire reinforced rubber. _________ D. Pressure and suction hose clamps shall be constructed from stainless steel. _________ E. Sweeping paths shall be no less than: Pickup head only = 78 inches Pickup head and one gutter broom = 100 inches Pickup head and two gutter brooms = 120 inches _________ F. Sweeper shall have Sweeps-in-Reverse which allows it to sweep in both forward and reverse with the head down without causing damage to the head or other components. Sweeping head drag arms must be connected to the front of the sweeping head, not the middle. _________ G. Pickup head shall be equipped with doublewide full-length carbide drag shoes for maximum life. Front and rear of drag shoe to be snowshoe design to follow road contour without damage. Shoes shall be interchangeable from either the left or right side. _________ H. Drag shoes shall be warranted against wear-out for a minimum of two years/2000 hours, prorated. _________

I. Sweeping head shall be raised and lowered hydraulically by a single switch located in the cab.

SPEC- 5

GUTTER BROOMS _________ A. Dual gutter brooms shall be 36" minimum diameter, wire filled vertical digger type for removing debris from gutter area. _________ B. Gutter brooms shall be hydraulic motor driven and shall be positioned laterally and vertically by hydraulic cylinders. _________ C. Each gutter broom shall have an adjustment to allow downward compensation for bristle contact, pattern and wear, and shall be free floating to follow street contour. _________ D. Each gutter broom shall have lateral flexibility to swing rearward 12" under the chassis when encountering the impact of an immovable object thus avoiding damage to the broom assembly. _________ E. Each gutter broom shall be held in the up and transit position by use of an electric lock valve attachment. _________ F. Upward motion of gutter broom to be regulated by an adjustable flow control valve. _________ G. Gutter broom disk shall be recessed to prevent such items as string and small rope like material from being wrapped around and damaging the gutter broom motor. Disk must allow water to drain off, therefore eliminating water damage to the gutter broom motor seals. _________ H. A center deflector shall be provided to direct debris thrown by the gutter brooms into the path of the pickup head. Deflector shall be positioned under the belly of the sweeper and in between the gutter brooms and raise and lower with pick-up head. _________

I. Each gutter broom shall additionally incorporate a hydraulically actuated tilt capability of 27 degrees, remotely controlled from the operator's seat to allow instant adjustment for debris removal from deep gutters (such as those resulting from multiple overlays of blacktop).

_________

J. Each gutter broom shall have an electrically actuated Gutter Broom Extension Override (GEO) with in-cab controls to be able to extend and retract while in sweeping mode. This will allow the gutter brooms to scrub the pavement surface in front of the pickup head. All controls shall be in-cab. At no time shall the operator have to leave the cab to activate this function.

________

K.

Each gutter broom motor shall have a heavy duty seal, seal slinger/protector and heavy duty bearing to extend life while operating in a debris filled environment.

SPEC- 6

DUST CONTROL SYSTEM _________ A. Water spray shall be supplied by an electrically driven diaphragm type water pump producing a minimum of 100 PSI with a minimum of 5.88GPM. The water pump must automatically disengage when the water supply is depleted. _________ B. Water tank capacity shall not be less than 130 gallons and shall be constructed of polyethylene for strength and corrosion resistance and shall be bolt-on design for easy removal. _________ C. No part of the water system shall be made with ferrous metal. _________ D. A minimum 20-foot long fire hydrant fill hose shall be provided with 2.5" NST coupling to fill water tank. A 2" air gap shall be provided between water fill tube and water tank. Hydrant hose shall include a hydrant wrench and hose storage area. _________ E. Water system to be filtered by a 100 mesh cleanable filter located between tank and water pump. _________ F. Each water spray function shall have its own independent on/off cab controlled heavy duty agricultural solenoid valve. The solenoid shall be easily cleaned and equipped with a removable plunger. _________ G. An in-cab low water indicator light shall warn operator when water supply is near depletion. _________ H. Water spray nozzles shall be provided as follows: four nozzles at pickup head, four nozzles inside hopper, two nozzles at right gutter broom, two nozzles at left gutter broom and one nozzle in the suction intake. _________

I. The water system shall incorporate an air purge system for flushing water lines during freezing conditions.

_________

J. Sweeper shall be equipped with a front spray bar with 7 nozzles. Spray bar to be mounted on front bumper.

OPERATING CONTROLS _________ A. Sweeper shall be equipped with dual steering and controls for left or right hand operations. Center mounted steering or single steering is not acceptable. _________ B. Auxiliary engine control and gauges shall be mounted on the control console inside the cab. They shall consist of: keyed ignition, manual lever type throttle control, leaf bleeder control, oil pressure gauge, water temperature gauge, voltmeter, tachometer, and hour meter. All gauges to be lighted.

SPEC- 7

_________ C. Console shall have independent switches for operating left gutter broom, tilt and GEO, right gutter broom, tilt and GEO, and pickup head. All switches to be lighted and have international symbols for easy identification. _________ D. Console shall have water pump on switch and low water level warning light. Independent water control switches for left gutter broom, right gutter broom, pickup head, hopper, and nozzles at front axles. All switches shall be lighted and have international symbols for easy identification. _________ E. Console shall have independent switches for each gutter broom light. _________ F. All sweeper main electrical systems to be separately fused at the control console by resettable circuit breakers. HAND HOSE EQUIPMENT _________ A. Sweeper shall have auxiliary hand hose for cleaning remote areas inaccessible to the sweeping head and for cleaning out catch basins. _________ B. Hand hose shall be minimum 6" in diameter with an aluminum collection nozzle. _________ C. Hand hose shall not have to be taken out of a storage compartment and assembled on site to use. Hand hose shall be stored on the sweeper at the location in which it will be used. _________ D. A block off plate must be provided. SAFETY EQUIPMENT _________ A. Sweeper shall meet all federal motor vehicle safety standards. _________ B. Sweeper shall be equipped with an LED cab-mounted bar light with in-cab controls. _________ C. Sweeper shall include two hopper safety struts that lock hopper in the raised position during maintenance. _________ D. The sweeper shall have two LED lower stoplights mounted into the rear bumper. The sweeper to also have a third, center positioned high mounted LED stoplight. _________ E. Each gutter broom must have an LED flood light for night visibility when operating gutter brooms. _________ F. Sweeper shall be equipped with backup alarm, cab mounted 5 lb. fire extinguisher, and a boxed warning triangle kit. _________ G. Permanent warning decals shall be provided at all hazard areas. SPEC- 8

ACCESSORIES _________ A. Sweeper to have two toolboxes complete with lockable doors. Toolboxes to be located on either side of sweeper's rear fenders. Tool boxes to be a total of 20 Cu. Ft. The interior wall of each toolbox shall have connecting tubes for storage of long items such as brooms and rakes. _________ B. Sweeper must have a full width steel rear bumper mounted to frame.

PAINT COLOR _________ A. The sweeper shall be painted with 1 coat of sealer/primer and 2 coats of Sherwin-Williams J5-1187 Chrome Yellow or equivalent. _________ B. Gutter brooms, pickup head, sweeper and truck frame shall be painted black. CHASSIS ENGINE _________ A. Engine shall be heavy-duty water cooled EGR valve, in-line four cylinder, 16 valve, turbo-charged, inter-cooled diesel, direct injection and overhead cam. _________ B. Horsepower rating shall be 215 HP @ 2550 RPM. Torque rating shall be 452 LB/FT @ 1850 RPM. Displacement shall be a minimum of 317 cubic inches. _________ C. The air cleaner shall be a heavy-duty Donaldson air cleaner with an air cleaner mounted restriction gauge or equivalent. Dry paper element shall be 12.6" diameter. _________ D. Alternator shall be 110 Amps. _________ E. Two maintenance free batteries shall be provided with 750 CCA each. _________ F. Chassis engine shall share 30-gallon in-rail fuel tank and batteries with auxiliary engine. _________ G. Engine diesel particulate filter, muffler and diffuser shall be vertically mounted behind the cab. TRANSMISSION _________ A. Transmission shall be a minimum 4-speed automatic with overdrive. _________ B. Shift lever shall be mounted in center of the cab so it can be reached from either driving position.

SPEC- 9

DUAL STEERING _________ A. Chassis shall be equipped with dual steering. _________ B. Each driving position shall have a foot throttle, foot brake, turn signal and high/low beam switch and horn button.

FRONT AXLE & SUSPENSION _________ A. Front axle shall be I-beam type with a capacity of 6,830 lbs. _________ B. Front suspension shall be semi-elliptical leaf springs with a capacity of 8,440 lbs. _________ C. Front suspension shall include shock absorbers and stabilizer bar.

REAR AXLE & SUSPENSION _________ A. Rear axle shall be single speed with a capacity of 14,550 lbs. with oil lubricated rear wheel bearings. _________ B. Rear suspension shall be semi-elliptical leaf springs with a capacity of 14,550 lbs. _________ C. Rear suspension shall include shock absorbers. _________ D. Rear axle ratio shall be 5.125:1 BRAKE SYSTEM EQUIPMENT _________ A. Brake system shall be 4 channel anti-lock, dual circuit, vacuum assisted hydraulic with EBD (Electronic Brake Distribution). _________ B. Front brakes shall be disc-type, non-asbestos semi-metallic linings. _________ C. Rear brakes shall be drum-type, non-asbestos linings. _________ D. Brakes shall be self-adjusting. _________ E. Parking brake shall be mechanical transmission mounted. _________ F. Chassis shall include a Butterfly valve type exhaust brake.

SPEC- 10

FRAME & WHEELBASE _________ A. Wheelbase shall be no longer than 132.5inches. _________ B. Frame shall be ladder-type channel, full C-section straight frame 33.5 in. wide. Yield strength shall be minimum 44,000 psi. Section modulus to be minimum 7.2 cu. in. RBM shall be minimum 316,800 lb.-ft./in. _________ C. Turning radius to be no more than 23.3 feet (Wall to wall). _________ D. Cab to axle to be a maximum of 110 inches. _________ E. GVWR to be a minimum of 17,950 lbs. but no more than 20,000 lbs.

TIRES & WHEELS _________ A. Tires shall be 225/70R 19.5F radial tubeless all season tread 12 ply. _________ B. Rear axle shall have dual tires and wheels on each side of axle. _________ C. Wheels shall be 19.5" X 6", 6-hole disc painted white. CAB EXTERIOR _________ A. Cab shall be cab over type only. For visibility reasons, conventional type cabs will not be accepted. _________ B. Chassis shall have dual west coast mirrors. _________ C.

8" chrome cab mounted parabolic mirrors shall be provided to aid operator in observing gutter brooms. They shall be mounted below the west coast mirrors on chassis doors.

_________ D. Door windows shall be roll down type, no sliding windows. _________ E. Sweeper height shall not extend over 89" above ground (not including optional cab lighting). CAB INTERIOR _________ A. Heater, defroster, and air conditioner shall be provided. _________ B. Both seats shall be non-suspension seats with Tricot & Jersey knit combination cloth seat trim. _________ C. Cab shall be equipped with power windows, power locks and power mirrors adjustable from both operator positions. SPEC- 11

_________ D. Three point seat belts shall be provided. _________ E. Cab shall have an AM/FM radio with CD player.

INSTRUMENTS & CONTROLS _________ A. Gauges shall consist of coolant temperature, fuel, and electronic speedometer with trip odometer. Chassis shall also have warning lights for oil and volts. _________ B. Chassis shall be equipped with cruise control

_________ C. Chassis shall have two speed windshield wipers with interval feature and windshield washer. DELIVERY _________ A. The unit shall be delivered completely assembled, serviced, and ready to operate. Sixteen (16) hours of operator and safety training and 8 hours of mechanic training shall be including upon delivery prior to startup. _________ B. Bidder shall state approximate delivery time ARO. _________ C. The bidder must supply a complete sweeper manual. Manual to include system/component descriptions, sweeper operation, maintenance, troubleshooting, illustrated parts listing with part numbers, and schematics for the sweeper. Shall also include reproducible periodic maintenance schedules. _________ D. Auxiliary engine manuals shall be provided. They shall consist of operations & maintenance, maintenance schedules, component technical manual, and an illustrated parts catalog.

SWEEPER WARRANTY _________ A. Per manufactures published warranty, sweeper shall be warranted to be free of defective materials and workmanship for a period of 24 months from date of delivery. No exceptions. _________ B. Sweeper auxiliary engine shall be warranted for 24 months from date of delivery. _________ C. Sweeper hydraulic system shall be warranted for 60 months from date of delivery.

SPEC- 12

CHASSIS WARRANTY _________ A. Basic chassis warranty shall be 3 years/unlimited miles. _________ B. Chassis engine warranty shall be 3 years/unlimited miles. _________ C. Transmission warranty shall be 3 year/unlimited miles. _________ D. Frame rails shall be 3 years/unlimited miles. _________ E. Engine emissions shall be 5 years 100,000 miles. _________ F. Corrosion (rust through) shall be 4 years/unlimited miles.

SPEC- 13

ATTACHMENT “B”

Louisville Regional Airport Authority BID BOND KNOW ALL MEN BY THESE PRESENTS, that we the undersigned (Contractor, mailing address) , as Principal (hereinafter called the “Principal”), and (Surety, mailing address) , as Surety (hereinafter called the “Surety”), are held and firmly bound unto Louisville Regional Airport Authority, P.O. Box 9129, Louisville, Kentucky, 40209 (hereinafter called the “Obligee”), in the sum of Fifteen Thousand Dollars ($15,000.00), for the payment of which we jointly and severally bind ourselves, our heirs, executors, administrators, successors and assigns to enter into a contract with the Obligee and furnish all required bonds, insurance certificates and other documents, all within the times specified in, and otherwise in accordance with the terms of the Bid submitted to the Obligee, attached hereto and made a part hereof, for the Construction of (Project Description, location):

NOW THEREFORE, the condition of this obligation is such that: (a)

If the Obligee shall reject the Bid of the Principal, then the obligations hereunder shall be null and void; or

(b)

If the Obligee shall issue a Notice of Award to the Principal and the Principal shall enter into a Contract with the Obligee, shall furnish a Performance Bond for the faithful performance of the Principal’s obligation to complete the project and a Payment Bond for the faithful performance by the Principal of its obligation to pay all its obligations to all entities performing labor or furnishing materials in connection with the contract, all in accordance with the terms of the Bid,

THEN, the obligation hereunder shall be null and void, otherwise it shall remain in full force and effect; it being expressly understood and agreed that the liability of the Surety for any and all claims hereunder shall in no event exceed the sum of this obligation as stated herein. The Surety, for value received hereby stipulates and agrees that the obligation of said Surety and its bond shall be in no way impaired or affected by any extension of the time within which the Obligee may accept such bid; and said Surety does hereby waive notice of any such extension.

1

ATTACHMENT “B” Louisville Regional Airport Authority Bid Bond

IN WITNESS WHEREOF, the Principal and Surety have signed and sealed, and such of them as are corporations have caused their corporate seals to be affixed hereto and signed by their proper officers. Signed and sealed this day of .

____ Witness

Principal

(Title)

_____ Witness

Surety

(Title)

IMPORTANT: Surety companies executing Bonds must appear on the Treasury Department’s most current list (Circular 570, as amended) and be authorized to transact business in Kentucky. If the Principal is a Partnership, all partners must execute the Bonds.

2

ATTACHMENT “C” LOUISVILLE REGIONAL AIRPORT AUTHORITY PURCHASE ORDER TERMS AND CONDITIONS 1. Acceptance. Seller has read and understands this Purchase Order (the “Order”) and agrees that Seller’s written acceptance or commencement of any work or service or supply of goods under this Order shall constitute Seller’s acceptance of this Order and these terms and conditions only. All terms and conditions proposed by Seller which are different from or in addition to this Order are unacceptable to Buyer, are expressly rejected by Buyer, and shall not become a part of this Order. Any modifications to this Order shall be made in accordance with Paragraph 24. Acceptance of the goods or services delivered under this Order shall not constitute acceptance of Seller’s terms and conditions. 2. Pricing. Pricing is inclusive of applicable taxes, freight, packaging, insurance, handling and all other charges, whether similar or dissimilar, unless otherwise indicated on the face of this Order. Federal Excise and other taxes, on which exemption is allowed government agencies, must not be included or added to the price of any item on this Order unless otherwise authorized on the face of this Order. Necessary exemption certificates will be supplied upon request if more than what is contained on the face of the Order is needed. Any taxes later found to have been included and paid by the Buyer shall be refunded by the Seller in the amount of the tax so paid. Terms of payment shall be net 30 days from the Buyer’s receipt of the goods/services or from the Buyer’s receipt of the Seller’s invoice, whichever shall be the longer period of time, unless: (a)

Seller’s term of payment are noted.

(b)

Trade discounts acceptable to the Buyer are offered on the supplier’s invoice, or

(c)

Special payment conditions are contained in this Order.

Seller warrants that the prices herein specified are as low as any net prices now given by Seller to any other customer for goods or services of like grade and quality in like quantities, and Seller agrees that if at any time during the pendency of this Order lower net prices are quoted under similar conditions, said lower net prices shall be from that time substituted for the prices herein. Seller agrees that any price reductions made in the goods or services covered by this Order subsequent to its acceptance but prior to payment thereof will be applicable to this Order. 3. Delivery. Time is of the essence to delivery and any other performance required of Seller. If Seller’s acts or omissions result in Seller’s failure to meet Buyer’s delivery requirements and Buyer requires a more expeditious method of transportation for the goods than the transportation method originally specified by Buyer, Seller shall, at Buyer’s option, (a) promptly reimburse Buyer the difference in cost between the more expeditious method and the original method, (b) allow Buyer to reduce its payment of Seller’s invoice by such difference, or (c) ship the goods as expeditiously as possible at Seller’s expense and invoice Buyer for the amount which Buyer would have paid for normal shipment. Unless otherwise stipulated in this Order, all sales shall be shipped FOB DESTINATION, FREIGHT PREPAID, Seller pays freight, bears freight costs, owns goods in transit and files claims on carriers (if any). Seller pays all expenses and assumes all risks until actual delivery of the merchandise at the point agreed upon with the Buyer. All packing cases, bales, carton, pallets, etc. in which the articles or materials may be shipped shall become without charge the property of the Buyer upon receipt, unless otherwise stipulated in the Order. The Seller must provide a current Material Safety Data Sheet (MSDS) on chemicals, equipment or hazardous materials at the time of delivery. 4. Changes. Buyer reserves the right at any time to direct changes, or cause Seller to make changes, to drawings and specifications of the goods or to otherwise change the scope of the work covered by this Order, including work with respect to such matters as inspection, testing, place or time of delivery, or quality control, and Seller agrees to promptly make such changes; any difference in price or time for performance resulting from such changes shall be equitably adjusted by Buyer after receipt of documentation in such form and detail as Buyer may direct. Any changes in this Order shall be made in accordance with Paragraph 24. 5. Inspection and Rejection. Seller agrees that Buyer shall have the right to enter Seller’s facility at reasonable times to inspect the facility, goods, materials and any property of Buyer covered by this Order. Buyer’s inspection of the goods, whether during manufacture, prior to delivery or within a reasonable time after delivery, shall not constitute acceptance of any work-in-process or finished goods. Buyer may inspect and reject all nonconforming goods and services within a reasonable period of time after delivery without regard to whether payment has been made. Buyer may choose, at Seller’s risk and rev 7-23-14

expense, to either hold nonconforming goods pending Seller’s instructions or ship them to Seller’s address shown on the face of this Order. 6. Nonconforming Goods. To the extent Buyer rejects goods as nonconforming, Seller shall replace such goods with conforming goods. Buyer shall hold nonconforming goods for disposition in accordance with Seller’s instructions at Seller’s risk. Seller’s failure to provide written instructions within ten (10) days, or such shorter period as may be commercially reasonable under the circumstances, after notice of nonconformity shall entitle Buyer, at Buyer’s option, to charge Seller for storage and handling, or to dispose of the goods, without liability to Seller. Payment for nonconforming goods shall not constitute an acceptance thereof, limit or impair Buyer’s right to assert any legal or equitable remedy or relieve Seller’s responsibility for latent defects. 7. Invoices. Buyer shall have no obligation to pay for any item until a correct invoice for the item is received at the “bill to” address shown on the face of this Order. Payment terms commence upon receipt of a correct invoice subject to paragraph 2. Seller represents that the products and/or services covered hereby were produced in compliance with requirements of the Fair Labor Standards Act of 1938, as amended. Payment of invoices shall not constitute acceptance of the goods and/or services and shall be subject to adjustment for errors, shortages, defects in the goods and/or services, or other failure of Seller to meet the requirements of the Order. Buyer may at any time set off any amount owed by Buyer to Seller against any amount owed by Seller or any of its affiliated companies to Buyer. 8. WARRANTY. SELLER WARRANTS THAT ALL GOODS AND ALL WORK PERFORMED HEREUNDER OR PURSUANT HERETO WILL BE OF MERCHANTABLE QUALITY; FREE FROM ALL DEFECTS IN DESIGN, WORKMANSHIP AND MATERIALS. WHEN SELLER HAS KNOWLEDGE OF A PARTICULAR PURPOSE FOR WHICH THE GOODS ARE PURCHASED, THEY WILL BE FIT FOR SUCH PARTICULAR PURPOSE. THE GOODS ARE PROVIDED IN STRICT ACCORDANCE WITH THE SPECIFICATIONS AND/OR SAMPLES, DRAWINGS, DESIGNS OR OTHER REQUIREMENTS (INCLUDING PERFORMANCE SPECIFICATIONS) PROVIDED BY BUYER. THE WARRANTIES CONTAINED IN THIS SECTION SHALL BE IN ADDITION TO, AND SHALL NOT BE CONSTRUED AS RESTRICTING OR LIMITING ANY WARRANTIES OR REMEDIES OF BUYER, EXPRESS OR IMPLIED, WHICH ARE PROVIDED BY LAW. ANY ATTEMPT BY SELLER TO LIMIT, DISCLAIM OR RESTRICT ANY SUCH WARRANTIES OR REMEDIES OF BUYER, BY NOTICE OR ACKNOWLEDGEMENT IN ACCEPTING OR PERFORMING THIS ORDER SHALL BE VOID. 9. Insolvency. Buyer may immediately cancel this Order without liability to Seller in the event of the happening of any of the following or any other comparable event: (a) insolvency of the Seller; (b) filing of a voluntary petition in bankruptcy by Seller; (c) filing of any involuntary petition in bankruptcy against Seller; (d) appointment of a receiver or trustee for Seller; (e) or execution of an assignment for the benefit of creditors by Seller. 10. Cancellation for Breach. Buyer reserves the right to cancel all or any part of this Order, without liability to Buyer, if Seller: (a) repudiates or breaches any of the terms of this Order, including Seller’s warranties; (b) fails to perform services or deliver goods as specified by Buyer; or (c) fails to make progress so as to endanger timely and proper completion of services or delivery of goods, and does not correct such failure or breach within ten (10) days (or such shorter period of time if commercially reasonable under the circumstances) after receipt of written notice from Buyer specifying such failure or breach. 11. Force Majeure. Neither party shall be liable for delay in its performance of its obligations and responsibilities under this Order due to causes beyond its control, such as, but not limited to, war, embargo, national emergency, insurrection or riots, acts of public enemy, fire, flood, or other natural disaster, provided that said party has taken reasonable measures to notify the other, in writing, of the delay. Failure of subcontractors and inability to obtain materials shall not be considered as an excusable delay. If due to such cause, Seller should be unable to meet all of its delivery commitments for items ordered hereunder as they become due, Seller shall not discriminate against Buyer or in favor of any other customer in making deliveries of such items. However, if Buyer believes that the delay or anticipated delay in Seller’s deliveries may impair its ability to meet its production schedules or may otherwise interfere with its operation, Buyer may, at its option and without liability to Seller, cancel outstanding deliveries hereunder wholly or in part. 12. Termination. In addition to any other rights of Buyer to cancel or terminate this Order, Buyer may as its option immediately terminate all or any part of this Order, at any time and for any reason, by giving notice to Seller. Upon such termination, Buyer shall pay to Seller the Order price for all goods or services which have been completed in accordance with this Order and not previously paid for. Buyer shall not be liable for and shall not be required to make payments to Seller, directly or on account of claims by Seller’s subcontractors, for loss of anticipated profit, unabsorbed overhead, interest on claims, product development and engineering costs, facilities and equipment rearrangement costs or rental, unamortized depreciation costs, and general and administrative burden charges from termination of this Order. THE FOREGOING STATES BUYER’S ENTIRE LIABILITY FOR TERMINATION.

13. Intellectual Property Indemnification. Seller agrees: (a) to defend, hold harmless and indemnify Buyer, its successors and customers against all claims, demands, losses, suits, damages, liability and expenses (including reasonable attorney fees) arising out of any suit, claim or action for actual or alleged direct or contributory infringement of, or inducement to infringe, any United States or foreign patent, trademark, copyright or mask work right by reason of the manufacture, use or sale of the goods or services ordered, including infringement arising out of compliance with specifications furnished by Buyer, or for actual or alleged misuse or misappropriation of a trade secret resulting directly or indirectly from Seller’s actions; (b) to waive any claim against Buyer under the Uniform Commercial Code or otherwise, including any hold harmless or similar claim, in any way related to a claim asserted against Seller or Buyer for patent, trademark, copyright or mask work right infringement or the like, including claims arising out of compliance with specifications furnished by Buyer; (c) to grant to Buyer a worldwide, nonexclusive, royalty-free, irrevocable license to repair and have repaired, to reconstruct and have reconstructed the goods ordered hereunder; and (d) assign to Buyer all right, title and interest in and to all trademarks, copyrights and mask work rights in any material created for Buyer under this Order. 14. Technical Information Disclosed to Buyer. Seller agrees not to assert any claim (other than a claim for patent infringement) with respect to any technical information which Seller shall have disclosed or may hereafter disclose to Buyer in connection with the goods or services covered by this Order. 15. INDEMNIFICATION. IF SELLER PERFORMS ANY WORK ON BUYER’S PREMISES OR UTILIZES THE PROPERTY OF BUYER, WHETHER ON OR OFF BUYER’S PREMISES, SELLER SHALL INDEMNIFY AND HOLD BUYER, ITS OFFICERS, DIRECTORS, AGENTS, REPRESENTATIVES AND EMPLOYEES HARMLESS FROM AND AGAINST ANY AND ALL LIABILITIES, CLAIMS, DEMANDS OR EXPENSES (INCLUDING ATTORNEYS’ FEES) FOR DAMAGES TO THE PROPERTY OF OR INJURIES (INCLUDING DEATH) TO BUYER, ITS EMPLOYEES OR ANY OTHER PERSON ARISING FROM OR IN CONNECTION WITH SELLER’S PERFORMANCE OF WORK OR USE OF BUYER’S PROPERTY. SELLER SHALL INDEMNIFY AND HOLD BUYER, ITS OFFICERS, DIRECTORS, AGENTS, REPRESENTATIVES AND EMPLOYEES HARMLESS FROM AND AGAINST ANY AND ALL CLAIMS, LIABILITIES, DAMAGES, LOSSES AND EXPENSES (INCLUDING ATTORNEYS’ FEES) ON ACCOUNT OF DEATH OR INJURY TO ANY PERSON OR DAMAGE TO ANY PROPERTY ARISING FROM OR IN CONNECTION WITH ANY GOODS AND SERVICES SUPPLIED. THIS INDEMNITY SHALL APPLY WITHOUT REGARD TO WHETHER THE CLAIM, DAMAGE, LIABILITY OR EXPENSE IF BASED ON BREACH OF CONTRACT, BREACH OF WARRANTY, NEGLIGENCE, STRICT LIABILITY, OR OTHER TORT. THIS INDEMNITY SHALL SURVIVE DELIVERY AND ACCEPTANCE OF GOODS OR SERVICES. 16. Insurance. Seller shall maintain insurance coverage in amounts not less than the following: (a) Workers’ Compensation - Statutory Limits for the state or states in which this Order is to be performed (or evidence of authority to selfinsure); (b) Employer’s Liability - $250,000; (c) Comprehensive General Liability (including Products/Completed Operations and Blanket Contractual Liability) - $1,000,000 per person, $1,000,000 per occurrence Personal Injury, and $1,000,000 per occurrence Property Damage, or $1,000,000 per occurrence Personal Injury and Property Damage combined single limit; and (d) Automobile Liability (including owned, non-owned and hired vehicles) - $1,000,000 per person, $1,000,000 per occurrence Personal Injury and $1,000,000 per occurrence Property Damage, or $1,000,000 per occurrence Personal Injury and Property Damage combined single limit. At Buyer’s request, Seller shall furnish to Buyer certificates of insurance setting forth the amount(s) of coverage, policy number(s) and date(s) of expiration for insurance maintained by Seller and, if further requested by Buyer, such certificates will provide that Buyer shall receive thirty (30) days’ prior written notification from the insurer of any termination or reduction in the amount or scope of coverages. Seller’s purchase of appropriate insurance coverage or the furnishing of certificates of insurance shall not release Seller of its obligations or liabilities under this Order. In the event of Seller’s breach of this provision, Buyer shall have the right to cancel the undelivered portion of any goods or services covered by this Order and shall not be required to make further payments except for conforming goods delivered or services rendered prior to cancellation. 17. Good Title; Inventions. Seller warrants title to all goods sold and services supplied. All materials, and any inventions (whether or not patentable), works of authorship, trade secrets, ideas, concepts, trade names and trade or service marks (collectively “Inventions”) created or prepared for Buyer, shall belong exclusively to Buyer. Seller hereby assigns all Inventions to Buyer and its assigns, except for any works for hire which do not require an assignment to vest ownership in Buyer. To the extent copyrights exist in any works of authorship, such works shall be deemed, to the extent legally permitted, to be works made for hire as that term is used in the Copyright Act of 1976. Buyer shall have the right, at Buyer’s option and expense, to seek protection by obtaining patents, copyright registrations, trademark registrations, and/or other recordation, registrations, and filings related to proprietary or intellectual property rights. Seller agrees at no charge to execute, and to cause its employees to execute, such documents including such further assignments, applications, and conveyances and to supply such information as Buyer shall request, in order to permit Buyer to protect, perfect, register, record and maintain its rights in the Inventions and effective ownership of them throughout the world.

18. Remedies. The rights and remedies reserved to Buyer in this Order shall be cumulative, and additional to all other or further remedies provided in law or equity. 19. No Implied Waiver. The failure of either party at any time to require performance by the other party of any provision of this Order shall in no way affect the right to require such performance at any time thereafter, nor shall the waiver of either party of a breach of any provision of this Order constitute a waiver of any succeeding breach of the same or any other provision. 20. Relationship of Parties. Seller and Buyer are independent contracting parties and nothing in this Order shall make either party the agent or legal representative of the other for any purpose whatsoever, nor does it grant either party any authority to assume or to create any obligation on behalf of or in the name of the other. 21. Applicable Law. This agreement shall be governed by the laws of the Commonwealth of Kentucky regardless of its conflict of laws principals. Each of the parties consents to the personal jurisdiction of the Circuit Court of Jefferson County, Kentucky, and the United States District Court for the Western District of Kentucky in Louisville, waives any objection based upon forum non-convenience as to any action brought in such courts, and agrees that any action arising from or relating to this Order shall be brought in such courts. Seller hereby knowingly, voluntarily, and intentionally waives any right it may have to a trial by jury of any claim or controversy arising from or relating to this Order. 22. Confidential or Proprietary Information. Under Kentucky’s Open Records Act, the records submitted to the Buyer will be subject to inspection by the public, unless an exception to the Open Records Act applies. KRS 61.878(1)(c)(1) excludes from the Act’s disclosure requirements “records confidentially disclosed to an agency...generally recognized as confidential or proprietary, which if openly disclosed would permit an unfair commercial advantage to competitors of the entity that disclosed the records.” If records submitted to Buyer under this Order contain information Seller deems as confidential or proprietary, Seller shall clearly mark the records containing such information as “CONFIDENTIAL” or “PROPRIETARY.” Seller may not classify all records submitted in connection with this Order as proprietary or confidential, but rather must designate only that material that qualifies as such. Seller’s classifications of information as confidential or proprietary will not be binding upon the Buyer. 23. Severability. If any term of this Order is invalid or unenforceable under any statute, regulation, ordinance, executive order or other rule of law, such term shall be deemed reformed or deleted, but only to the extent necessary to comply with such statute, regulation, ordinance, order or rule, and the remaining provisions of this Order shall remain in full force and effect. 24. Entire Agreement. THESE TERMS AND CONDITIONS SHALL SUPERSEDE ANY PROVISIONS, TERMS AND CONDITIONS CONTAINED ON ANY CONFIRMATION ORDER, OR OTHER WRITING SELLER MAY GIVE OR RECEIVE THAT IS NOT SIGNED BY BUYER, AND THE RIGHTS OF THE PARTIES SHALL BE GOVERNED EXCLUSIVELY BY THE PROVISIONS, TERMS AND CONDITIONS HEREOF. BUYER MAKES NO REPRESENTATIONS OR WARRANTIES CONCERNING THIS ORDER EXCEPT SUCH AS ARE EXPRESSLY CONTAINED HEREIN, AND THIS ORDER MAY NOT BE CHANGED OR MODIFIED ORALLY. 25. Non-Assignment. Seller may not assign or delegate its obligations under this Order without Buyer’s prior written consent. 26. Legal Compliance. Seller warrants that all goods and services furnished shall comply with all applicable federal, state, and local laws, rules, regulations, and ordinances. 27.

NONDISCRIMINATION 1.1

During the performance of Purchase Order, Seller, for itself, its assignees and successor interest, agrees as

follows: A. Compliance With Regulations. Seller (hereinafter includes consultants) shall comply with the Title VI List of Pertinent Nondiscrimination Statutes and Authorities, as they may be amended from time to time, which are herein incorporated by reference and made a part of Purchase Order. B. Nondiscrimination. Seller, with regard to the work performed by it during the Agreement, shall not discriminate on the grounds of race, color, or national origin in the selection and retention of subcontractors, including procurements of materials and leases of equipment. Seller shall not participate directly or indirectly in the discrimination prohibited by the Acts and the Regulations, including employment practices

when the Purchase Order covers any activity, project, or program set forth in Appendix B of 49 C.F.R. part 21. C. Solicitations for Subcontractors, including Procurements of Materials and Equipment. In all solicitations, either by competitive bidding, or negotiation made by Seller for work to be performed under a subcontract, including procurements of materials, or leases of equipment, each potential subcontractor or supplier shall be notified by Seller of Seller’s obligations under Purchase Order and the Acts and the Regulations relative to Non-discrimination on the grounds of race, color, or national origin. D. Information and Reports. Seller shall provide all information and reports required by the Acts, the Regulations, and directives issued pursuant thereto and shall permit access to its books, records, accounts, other sources of information, and its facilities as may be determined by Buyer or the Federal Aviation Administration to be pertinent to ascertain compliance with such Acts, Regulations, and instructions. Where any information required of a contractor is in the exclusive possession of another who fails or refuses to furnish the information, Seller shall so certify to Buyer or the Federal Aviation Administration, as appropriate, and shall set forth what efforts it has made to obtain the information. E. Sanctions for Noncompliance. In the event of Seller’s noncompliance with the nondiscrimination provisions of Purchase Order Buyer shall impose such contract sanctions as it or the Federal Aviation Administration may determine to be appropriate, including, but not limited to: (i)

Withholding of payments to Seller under the Purchase Order until Seller complies, and /or

(ii)

Cancellation, termination, or suspension of the Purchase Order in whole or in part.

F. Incorporation of Provisions. Seller shall include the provisions of paragraphs A through F in every subcontract, including procurements of materials and leases of equipment, unless exempt by the Acts, the Regulations and directives issued pursuant thereto. Seller shall take action with respect to any subcontract or procurement as Buyer or the Federal Aviation Administration may direct as a means of enforcing such provisions including sanctions for noncompliance. Provided, that if Seller becomes involved in, or is threatened with litigation by a subcontractor, or supplier because of such direction, Seller may request Buyer to enter into any litigation to protect the interests of Buyer. In addition, Seller may request the United States to enter into the litigation to protect the interests of the United States. 1.2 General Civil Rights Provision. Seller agrees that it shall comply with pertinent statutes, Executive Orders and such rules as are promulgated to ensure that no person shall, on the grounds of race, creed, color, national origin, sex, age, or handicap be excluded from participating in any activity conducted with or benefiting from Federal assistance. This provision binds Seller from the bid solicitation period (if applicable) through the completion of the contract. This provision is in addition to that required of Title VI of the Civil Rights Act of 1964. This provision also obligates Seller or its transferee for the period during which Federal assistance is extended to the Airport through the Airport Improvement Program, except where Federal assistance is to provide, or is in the form of personal property; real property or interest therein; structures or improvements thereon. In these cases the provision obligates the party or any transferee for the longer of the following periods: A. The period during which the property is used by Buyer or any transferee for a purpose for which Federal assistance is extended, or for another purpose involving the provision of similar services or benefits; or B.

The period during which Buyer or any transferee retains ownership or possession of the property.

1.3 Title VI List of Pertinent Nondiscrimination Authorities. During the performance of Purchase Order Seller, for itself, its assignees, and successors in interest (hereinafter referred to as the “Company”) agrees to comply with the following non-discrimination statutes and authorities, including but not limited to: A. Title VI of the Civil Rights Act of 1964 (42 U.S.C. § 2000d et seq., 78 stat. 252), (prohibits discrimination on the basis of race, color, national origin);

B. 49 C.F.R. part 21 (Non-discrimination In Federally-Assisted Programs of The Department of Transportation—Effectuation of Title VI of The Civil Rights Act of 1964); C. The Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970, (42 U.S.C. § 4601), (prohibits unfair treatment of persons displaced or whose property has been acquired because of Federal or Federal-aid programs and projects); D. Section 504 of the Rehabilitation Act of 1973, (29 U.S.C. § 794 et seq.), as amended, (prohibits discrimination on the basis of disability); and 49 C.F.R. part 27; E. The Age Discrimination Act of 1975, as amended, (42 U.S.C. § 6101 et seq.), (prohibits discrimination on the basis of age); F. Airport and Airway Improvement Act of 1982, (49 U.S.C. § 471, Section 47123), as amended, (prohibits discrimination based on race, creed, color, national origin, or sex); G. The Civil Rights Restoration Act of 1987, (PL 100-209), (Broadened the scope, coverage and applicability of Title VI of the Civil Rights Act of 1964, The Age Discrimination Act of 1975 and Section 504 of the Rehabilitation Act of 1973, by expanding the definition of the terms “programs or activities” to include all of the programs or activities of the Federal-aid recipients, sub-recipients and contractors, whether such programs or activities are Federally funded or not); H. Titles II and III of the Americans with Disabilities Act of 1990, which prohibit discrimination on the basis of disability in the operation of public entities, public and private transportation systems, places of public accommodation, and certain testing entities (42 U.S.C. §§ 12131 – 12189) as implemented by Department of Transportation regulations at 49 C.F.R. parts 37 and 38; I. The Federal Aviation Administration’s Non-discrimination statute (49 U.S.C. § 47123) (prohibits discrimination on the basis of race, color, national origin, and sex); J. Executive Order 12898, Federal Actions to Address Environmental Justice in Minority Populations and Low-Income Populations, which ensures discrimination against minority populations by discouraging programs, policies, and activities with disproportionately high and adverse human health or environmental effects on minority and low-income populations; K. Executive Order 13166, Improving Access to Services for Persons with Limited English Proficiency, and resulting agency guidance, national origin discrimination includes discrimination because of limited English proficiency (LEP). To ensure compliance with Title VI, you must take reasonable steps to ensure that LEP persons have meaningful access to your programs (70 Fed. Reg. at 74087 to 74100); L. Title IX of the Education Amendments of 1972, as amended, which prohibits you from discriminating because of sex in education programs or activities (20 U.S.C. 1681 et seq.). 28.

Disadvantaged Business Enterprises It is the policy of Buyer to encourage contractors to take all reasonable and necessary steps to ensure that Disadvantaged Business Enterprises, as defined by the U.S. Department of Transportation in 49 C.F.R. § 26.5, have the maximum opportunity to compete for and perform all levels of subcontracts under agreements with Buyer. Consequently, Seller shall not discriminate on the basis of race, color, religion, sex, creed, handicap or national origin in the performance of this Agreement or award of subcontracts hereunder.