1-ITB251203 Father Hanses Park SOLICITATION.pdf

CITY OF COVINGTON, KENTUCKY

INVITATION TO BID

ITB251203

For: FATHER HANSES PARK

PLAYGROUND REDEVELOPMENT

BID RESPONSES DUE

NO LATER THAN:

10:00 A.M. 2026 JANUARY 22

U. S. Department of Housing and Urban Development (“HUD”) Community Development Block Grant (“CDBG”) Proceeds

Intended To Support Project Performance

Issue Date:

2025 December 19

For:

Department of Neighborhood Services

By:

Department of Finance | Procurement Office

20 W Pike St Covington, KY 41011

I. LEGAL ADVERTISEMENT / PUBLIC NOTICE

ITB251203

Father Hanses Park Playground Redevelopment

The City of Covington, Kentucky (“City”) invites bids from qualified, competent, knowledgeable, and experienced providers of the services described in this Request for Proposal (“RFP”), in compliance with all applicable laws and regulations. Entities submitting responses shall be prepared to execute and perform a legally binding contractual agreement (“Agreement”) to deliver the services and goods in accordance with this RFP.

Issue Date: 2025 December 19

RFP Title: Father Hanses Park Playground Redevelopment

Issuing Agency: Department of Neighborhood Services / Parks & Recreation Division

Contact: Peter Hager, Procurement Officer peter.hager@covingtonky.gov

(859) 292-2178

Bids shall be sealed, and clearly & conspicuously marked on the outside with:

• Respondent’s name, return mailing address, and telephone number, and

• "ITB250905 FHP PLAYGROUND - DO NOT OPEN WITH REGULAR MAIL."

RESPONSES SHALL BE SUBMITTED NO LATER THAN: January 22, 2026 10:00 A.M. to:

Covington City Hall Finance Department

First (1st) Floor Lobby Window 20 West Pike Street Covington, Kentucky 41011 *Submittals received after this date and time will be deemed non-responsive.

REVIEW: Pursuant to KRS 45A.370, the evaluation of Proposals shall be conducted using competitive negotiation.

Any final award shall be based upon the criteria set forth below and shall include the reciprocal preference for residential Respondents outlined in KRS 45A.494, where required. The City finds selection based upon competitive negotiation necessary, upon the determination that specifications cannot be made sufficiently specific to permit an award on the basis of lowest bid price or lowest evaluated bid price. The Board of Commissioners reserves the right to reject any and all proposals. All Proposals will be reviewed and scored in accordance with the evaluation criteria set forth herein.

mailto:peter.hager@covingtonky.gov

TABLE OF CONTENTS

Reference Subject Page I Solicitation Legal Advertisement / Public Notice 2 II Solicitation Events Timeline 4 III Scopes Of Work / Specifications 4 IV Bid Format 7 V Evaluation Procedures 8 VI Bid Stipulations And Requirements 9 VII Wage Determination Schedule 14 VIII City of Covington, KY Section 3 Policy And Plan 22 IX Additional Documents Incorporated By Reference 34 X Scope Of Agreement For CDBG Contracts 34

* XI Subcontractor List 51 *

* XII Contractor's Equal Employment Certification 52 *

* XIII Subcontractors' Equal Employment Certification 53 *

* XIV Contractor's Labor Standards And Prevailing Wage Certification 54 *

* XV Subcontractor's Labor Standards And Prevailing Wage Certification 56 *

* XVI Bidder Certification Re: Section 3 And Segregated Facilities 58 *

* XVII Subcontractors' Certification Re: Section 3 And Segregated Facilities 59 *

* XVIII Contractor's Section 3 Plan Format 60 *

* XIX Bid Form 64 *

* Attachment A Non-Collusion Affidavit 68 *

* Attachment B Campaign Finance Affidavit 70 *

* Attachment C Certification Against Conflicts Of Interest, Gratuities, and Kickbacks 71 *

Attachment D Accident Waiver And Release Of Liability 72

* Attachment E Bid Bond 74 *

Exhibits 1 - 6 Illustrative Sketches and Installation Site Depiction 77

NOTE: Yellow Highlighted Items are required to be Completed, Properly Executed, and Submitted with and as integral part of Bid response.

II. SOLICITATION EVENTS TIMELINE

III. BID SPECIFICATIONS AND SCOPE(S) OF WORK

A. GENERAL INFORMATION

The City of Covington, KY (“City”) Department of Neighborhood Services, Parks & Recreation Division solicits competitive bids for Father Hanses Park Playground Redevelopment.

Father Hanses Park is a neighborhood park located in the Lewisburg neighborhood of the City that presently features play structures that no longer meet the needs of the community, including two swings, a seesaw, a climbing structure, a Sit-N-Spin, and a half basketball court. The City will remove existing equipment that will no longer be deployed from the site prior to commencement of work herein specified.

The redevelopment of the playground shall include all necessary and appropriate site preparation activities and the provision, delivery, construction and installation of new playground amenities in the form of a multifunctional / multi-activity playground structure, such as Recreation Insites / KOMPAN Let’s Play - Denali with Roof (PCE410134), or acceptable equal.

The City requires ongoing coordination by and with contractually awarded contractor(s) and the City’s designated representative(s) prior to any work being performed upon City property. The contractor(s) shall notify the City’s designated lead representative at least seventy-two (72) hours in advance of any anticipated work to be performed on City property.

Contractor(s) shall at all times comply with all applicable Federal, Kentucky Commonwealth and local Codes, laws, Ordinances and/or other regulations governing the conduct of work herein described, including but not limited to assuring all personnel maintain valid licenses, as applicable, and obtaining all required permits prior to commencement of any specified work.

SOLICITATION EVENTS DATES and TIMES ITB Issued / Bids Solicited 2025 December 19 Interested Parties’ Requests For Information (“RFI”) and/or Clarifications Must Be Submitted To and Received By the City No Later Than

2026 January 12 10:00 A. M.

City’s Responses to RFI’s Published No Later Than 2026 January 14 3:00 P.M.

BIDS Shall Be SUBMITTED To and Received By The City NO LATER THAN 2026 January 22 10:00 A.M.

Estimated Award Recommendation / City Commission Consideration

~ 30 – 90 Days After Bid Submittals Due

B. OBJECTIVES

1. Assure that site / field conditions are adequately and appropriately prepared for installation of new playground amenities, equipment, and/or structures.

2. Furnish and install new playground amenities, equipment, and/or structures fully compliant with all applicable Federal, Kentucky Commonwealth and local Codes, laws, Ordinances and/or other relevant regulations.

3. Assure that high quality goods and services are procured and/or produced for the purpose of assuring the optimal viable, sustainable useful life of the new playground amenities, equipment, and/or structures.

C. SPECIFICATIONS

1. Recreation Insites/KOMPAN Let’s Play - Denali with Roof (PCE410134), or acceptable equal.

2. Engineered Wood Fiber (“EWF”), meeting or exceeding all relevant American Society for

Testing and Materials (“ASTM”) standards, compacted to minimum twelve-inch (12”) depth.

3. All manufacturer’s(s’) standard Warranties shall be and remain fully exercisable to the City for their intended and stated duration. Any deficiency in workmanship related to installation, or other deficiency caused or created by Bidder which in any way erodes the City’s ability to exercise complete and full warrantable rights of recovery shall be the sole liability of Bidder.

4. Bidder shall Warrant performance of Workmanship related to site design, preparation and installation of equipment, amenities, features and accessories for a minimum of 3 years.

Equipment shall be installed in conformance with all industry and manufacturer instructions, recommendations, guidelines, and requirements.

D. SCOPE(S) OF WORK

Contractor shall:

1. Employ and/or engage with experienced contractors and consultants to ensure a successful project performance that prioritizes safety and community enjoyment.

2. Inspect and assess site / field conditions and perform all necessary preparation activities required to properly install herein specified amenities, equipment, and/or structures.

3. Furnish and completely and properly construct and/or install Recreation Insites / KOMPAN Let’s Play – Denali with Roof (PCE410134), or acceptable equal, including all necessary components and safety features in full compliance with all applicable safety standards and regulations relating thereto.

4. Completely and properly prepare playground area for EWF safety surface installation.

5. Furnish, install and compact to minimum twelve-inch (12”) depth EWF.

6. Properly grade and drain installation site to prevent water accumulation thereupon.

7. Provide, produce and perform all goods and services in full compliance with all applicable standards and regulations.

8. Ensure that all goods and services furnished and/or performed fully comply with all relevant safety standards and regulations, including those established by ASTM, CPSC, and ADA.

9. Provide continuous management oversight of the performance of work herein specified and ensure it and all finished products and finished works fully comply with all applicable regulations and standards.

10. Ensure that the playground is accessible to individuals with disabilities, and fully compliant with ADA guidelines for accessible routes, ramps, and equipment.

11. Furnish and install appropriate signage on playground equipment indicating safety rules and age-appropriate usage guidelines.

a. Ensure that each piece of equipment is appropriately labeled and that labeling is easily and readily seen and read.

b. Display contact information for reporting maintenance issues or emergencies.

12. Develop a detailed project performance timeline, including key milestones and completion dates.

13. Produce a comprehensive budget upon which its bid is based and which covers all aspects of the project performance, including site preparations, equipment provision, installation, safety and other relevant regulatory compliance measures.

14. Conduct a final inspection, jointly with designated City representative(s), of the completed playground to ensure it meets or exceeds all safety and quality standards, including ASTM, CPSC, and ADA, as well as all Specifications and/or Scope(s) Of Work herein described, City’s approval of which shall constitute final acceptance and approval of work performed.

a. Any circumstance or event resulting in City representative’s declination to furnish final acceptance and/or approval shall be fully documented by and between the parties and the Contractor shall, within forty-eight (48) hours thereafter furnish the City with a plan and schedule for remediation, which it shall perform, and then conduct the final inspection in accordance with item no. 13, above until final acceptance and approval is attained.

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IV. BID FORMAT

Bid information shall be indelibly affixed (printed) on standard 8.5” x 11” paper with font size no smaller than twelve (12) points. Bids shall consist of:

A. One (1) hard copy (paper) completed original Bid instrument with original signatures, clearly labeled “Original,” which shall not be bound with the exception of binder and/or paper clips (e.g., no staples, comb bindings, binders, etc.).

B. One (1) hard copy (paper) copy of the completed and signed original Bid instrument.

C. One (1) digital/electronic copy of all Bid documentation saved as a single .pdf-formatted document/file on a USB-drive.*

*Any interested party for whom the USB-drive submittal requirement may present an impediment or hardship to tendering a Bid are encouraged and requested to please contact the City’s Procurement Officer for assistance.

1. All of the foregoing shall be physically** submitted to the City in a sealed container (e.g., envelope) plainly and conspicuously marked on its exterior with:

a. Bidder’s Name and Return Mailing Address.

b. Bidder’s Representative’s Name, Telephone Number and e-Mail Address.

c. "BID: FHP PLAYGROUND - DO NOT OPEN WITH REGULAR MAIL."

**Bids shall be physically submitted to the City prior to the specified date and time for public opening; the City does not presently accept bids electronically (e.g., online, fax, procurement portal).

D. Bid Response, which shall include detailed description(s) of proposed product(s), and which specifically denote any/all attributes and features that materially exceed the City’s stated specifications and how.

1. Bidders may offer bids for alternative products and/or optional features provided all minimum specifications are satisfied or exceeded.

2. Bid shall indicate anticipated delivery date(s) and/or lead times After Receipt of Order

(“ARO”).

E. Pricing, which shall be furnished on the Exhibit(s), Bid Form(s) and Product Pricing and Specification Worksheet(s) herein incorporated.

1. Bid pricing shall be inclusive of all associated costs and/or fees and shall remain firm for the

City’s consideration and acceptance for a minimum of sixty (60) days after the date and time stipulated for the City’s public opening of Bids, unless otherwise specified.

2. The City of Covington, Kentucky is exempt from sales and use tax as a certified governmental entity.

a. The City’s tax-exempt status is non-transferable.

b. Bidders shall rely upon their own tax status in the formulation of Bids.

3. Bidders are strongly encouraged to include all discounts and/or other incentives available to the City.

4. Bidder may and is encouraged to include Sample Purchase Terms (e.g., specimen contract) that include its standard purchasing terms and conditions generally associated with the specified product(s) and/or service(s), provided that it fully complies and does not conflict with the terms and included in this ITB and shall not disclaim any Bidder liabilities or warranties.

5. Proof(s) (e.g., certification{s}) of Insurance of all kinds and types that are relevant, active, and current to Bidder’s obligations as an entity authorized to conduct business in the Commonwealth of Kentucky.

a. Minimally, this shall include provision of proof of Bidder’s current and up-to-date

Commercial/General Liability insurance coverage.

6. Bidder shall fully and properly complete, execute and submit with and as integral components of its Bid response all requisite Affidavits, attachments, exhibits, and forms.

a. NOTE: The City does not presently accept bid and/or proposals electronically (e.g., via

Fax, e-Mail, Internet / Web Portal, etc.).

b. NOTE: Submitted Bids, upon receipt, shall become the exclusive property of the City of

Covington and not be returned.

c. NOTE: Bids shall be delivered to the City on or before 2026 January 22 10:00 A.M.

Bid submittals must be received at and time-stamped by the Finance Department window located in the lobby of City Hall. Proposals received after the deadline will be rejected as non-responsive.

7. Notice of Deviation (if/as applicable): Deviations from the Specifications, SOW, and/or

Terms and Conditions of this ITB shall be expressly disclosed. Bids failing to meet all of these elements will not necessarily be rejected, but any deviations must be clearly noted to be considered. Failure to disclose any such deviations and/or exceptions in the original Bid offer shall be interpreted as indication of full compliance therewith.

8. Bid Bond in the minimum amount equal to ten per-cent (10%) of the total bid price shall accompany the Bid.

V. EVALUATION CRITERIA AND PROCEDURES

A. MANDATORY CRITERIA

The City will only consider Bids from Respondents that:

1. Are in good standing with the City, as in accordance with the provisions of City of

Covington Code of Ordinances § 35.003.

2. Are not involved with or interested in any adverse claims against the City and are not delinquent in their financial obligations to the City.

3. Through their Bid offer demonstrate that it meets and/or exceeds all legal, regulatory, and licensure requirements related to the provision of goods and/or performance of work specified herein.

B. EVALUATION CRITERIA

Bids will be evaluated and awarded based on the lowest cost responsible and responsive bidder, with consideration of the preference for resident bidders as required by KRS 45A.494.

The provisions of KRS 45A.490 to 45A.494 are specifically incorporated into this Invitation To Bid by reference.

1. Determinations of award will be made in accordance with the standards of KRS 45A.395.

Prior to a contract being awarded to the lowest cost responsible and responsive bidder whose bid meets the specifications of this ITB, a resident bidder of the Commonwealth shall be given a preference against a nonresident bidder registered in any state that gives or requires a preference to bidders from that state. The preference shall be equal to the preference given or required by the state of the nonresident bidder.

2. “Responsible bidder” means a person or company who meets mandatory criteria and with the capacity and capability in all respects to perform the contract fully, the integrity and reliability of which will assure good faith performance, and which has completed the enclosed affidavits regarding Non-Collusion and Campaign Finance.

a. An award of contract may require Board of City Commissioners approval. The City reserves the right to award a contract in whole or in part, or not at all.

VI. BID STIPULATIONS AND REQUIREMENTS

A. General Information

The City of Covington, Kentucky is a Kentucky Home Rule Class city. The executive and legislative authority is vested in the Board of Commissioners, which consists of the Mayor and four Commissioners. The City Manager is the chief administrative officer and is responsible for day-to-day operations. The City Manager is assisted by the Assistant City Manager for Administration, in addition to various department heads and City staff, including a Police Chief, Fire Chief, Finance Director, City Solicitor and Director of Public Works.

The City has a number of boards and commissions pursuant to state law, local ordinance, or both. While some boards are comprised wholly or partially of City employees or officials, others are comprised of citizens of the City who are not otherwise employed by the City (e.g., Board of Adjustment, Code Enforcement Board, Board of Architectural Review and Development).

B. Bid Guarantee / Award Procedure It is anticipated that a recommendation for award for this Bid will be made thirty (30) to sixty (60) days after the Bid due date. All interested parties are required to guarantee their Bids as irrevocable offers valid and firm for acceptance through March 31, 2026. The City of Covington, Kentucky, in its sole and absolute discretion, retains all rights to award a contract for any or all items or services listed in each bid; The City retains all rights to reject any and all Bids, as it deems to be in the City’s best interests, and to waive informalities and reasonable irregularities in submitted documents.

C. Bidder Questions The City will answer any questions that Bidders may have prior to the bid submittal deadline, provided they are properly and timely received by the City in accordance with the instructions and timelines herein specified.

All questions shall be specific in nature and submitted directly in writing by electronic mail (please note: not via the City’s procurement portal) to Peter Hager, Procurement Officer at peter.hager@covingtonky.gov. All properly and timely received questions and the City’s respective responses thereto will be made publicly available via the City’s procurement portal (https://covingtonky.bonfirehub.com). It is and shall remain Bidder’s onus to reference the City’s procurement portal, as needed, prior to submittal of a Bid. It is each Bidder’s responsibility to read this solicitation in its entirety, and to fully familiarize themselves with the scope of work, services, and/or specifications herein stated. Any failure of a Bidder to so perform shall not relieve the Bidder from any obligation with respect to the submitted Bid. In nay event that a Bidder is in doubt as to the true meaning of any part of the specifications and/or Scope Of Work, it is and shall remain the onus of the Bidder to properly and timely submit written question(s) and/or request(s) for clarification / interpretation.

https://covingtonky.bonfirehub.com/

D. Modifications The City reserves the right to modify this ITB through written addendum at any time prior to the Bid submittal due date and time for any reason. All modifications shall be issued in a written addendum and will be made available at the City’s procurement portal, https://covingtonky.bonfirehub.com, prior to the deadline for Bid submittals.

The City shall not be responsible for oral interpretations given by any City employee, agent, representative, elected official, or others. The issuance of written addenda is the only official method whereby interpretation, clarification, or additional information will be given.

If any addenda are issued to this ITB, the City will attempt to notify all prospectively interested parties and the addenda shall become a permanent part of the Bid; however, it shall be the responsibility of each submitting entity, prior to submitting a response to review the Invitation To Bid details at https://covingtonky.bonfirehub.com, to determine if any addenda have been issued and to assure that its Bid submittal complies therewith.

E. Non- Discriminatory Statement The City expressly prohibits discrimination of any kind or manner. The City does not discriminate against any individual or vendor/ provider based on a protected class, including but not limited to: race, color, religion, sex, sexual orientation, gender identity, age, national origin, ancestry, marital status, parental status, familial status, place of birth, disability, or natural texture, color of hair, hair styles, or protective hair styles (including, but not limited to braids, locks, twists, and coverings). City of Covington Code of Ordinances §

32.040 et. seq.

In accordance with the City of Covington’s Code of Ordinances Human Rights Commission requirements, §

32.040 et. seq., the successful Bidder agrees that it shall not discriminate on the basis of any protected class, including but not limited to: race, color, religion, sex, sexual orientation, gender identity, age, national origin, ancestry, marital status, parental status, familial status, place of birth, disability, or natural texture, color of hair, hair styles, or protective hair styles (including, but not limited to braids, locks, twists, and coverings).

The Bidder shall additionally be required to comply with the anti- discrimination and affirmative action requirements for contractors contained in KRS 45.570.

F. Compliance with Laws All Respondents shall observe and comply with all regulations, laws, and ordinances of local, state, and federal governments as they apply to this solicitation.

G. Insurance Requirement(s): Policies, Coverages, and Endorsements

Bidder agrees to maintain, at its sole cost and expense, the following insurance policies with minimum coverage limits listed below. Prior to an award of contract, Respondent may be asked to provide (a) copy/ies of (a) valid Certificate(s) of Insurance.

1. Commercial General Liability

a. Each Occurrence $1,000,000.

b. General Aggregate $2,000,000.

H. Worker’s Compensation

1. Responses to this bid will serve as an affirmation that the Bidder is in compliance with the Commonwealth of Kentucky’s requirements for Worker’s Compensation Insurance, KRS Chapter 342. Respondent may be asked to produce a copy of a valid Certification of Insurance, prior to an award of contract.

I. Subrogation

A waiver of subrogation endorsement to the effect that the issuer waives any claim or right in the nature of subrogation to recover against the City, its officers, agents and employees should be furnished to the City upon request, and prior to an award of service.

J. Proof of Insurance The policies, coverages and endorsements required by this provision shall be shown on a Certificate of Insurance which must be furnished to the City upon request, and prior to an award of service.

K. Indemnification The successful Bidder shall agree to indemnify and hold harmless the City and its directors, officers, employees and agents from all suits, actions, claims or cost of any character, type or description brought or made on account of any loss, expense, liability, damage, claim, including personal injury and/or death sustained by any person(s) or property arising out of the acts or negligence of the Bidder, the Bidder’s personnel, its agents, and employees occurring during the performance of its duties. In addition to the indemnities provided above, Bidder shall defend City, its officers, agents, and employees:

1. Against any suit, proceeding, claims for losses, costs, damages or expenses including, without limitation, charges for personal injury, death or property damage that arise out of any and all acts or omissions of employees or agents of the Bidder or Bidder’s subcontractors in connection with the services; and

2. Shall pay all damages, costs and expenses in connection with such actions, including City’s attorneys’ fees.

L. Non-Compliance with Bid It is understood and agreed, in the event of an award of contract, if said contract fails to meet the terms and conditions accepted by the City as specified in this bid and any prior agreements leading up to contractual agreement, then the City shall retain and/or exercise at its exclusive discretion all rights, including but not limited to:

1. Cancel the contract; OR

2. Require the Bidder to provide the goods or services as stated in their response at the Bid price(s); OR

3. Hold Bidder entirely liable for any cost differentiation between its Bid price(s) and the cost to the City to subsequently contractually award to the next lowest and best responsive and responsible Bid, or to otherwise contractually engage an alternate source of supply.

M. Governing Law

This ITB and any agreement resulting from this ITB shall be governed by and construed in accordance with the laws of the Commonwealth of Kentucky. Any dispute arising under this ITB or any agreement resulting from this ITB shall be resolved in a court of competent jurisdiction in Kenton County, Kentucky.

N. Acceptance of Terms and Conditions By submitting a Bid, the Bidder acknowledges and agrees to be bound by the terms and conditions herein.

O. Payment

Upon delivery and acceptance, the City shall process payment to Bidder. Bidder shall provide a Bill of Sale and an itemized invoice for all charges. Itemization shall include summary specification, or description, quantity, price per unit, and any additional costs. Invoices shall be processed within (30) days of receipt. Prompt payment of invoices shall be contingent upon the necessary receipt of qualified documentation and final acceptance by the City.

P. Response Request Disclaimer This ITB does not commit the City to enter into a contract, or award any services in relation to this specific document, nor does it obligate the City to pay any costs incurred in preparation or submitting a Bid or in anticipation of a contract.12

Q. Conflicts of Interest By submitting a Bid, Bidder acknowledges that it is aware of the prohibitions against gratuities, kickbacks, and conflicts of interest as set forth in KRS 45A.455, and agrees that it shall not violate those provisions. The terms of KRS 45A.455, as set forth below, are specifically incorporated herein.

1. It shall be a breach of ethical standards for any employee with procurement authority to participate directly in any proceeding or application; request for ruling or other determination; claim or controversy;

or other particular matter pertaining to any contract, or subcontract, and any solicitation or proposal therefor, in which to their knowledge:

a. They, or any member of their immediate family has a financial interest therein; or

b. A business or organization in which they or any member of their immediate family has a financial interest as an officer, director, trustee, partner, or employee, is a party; or

c. Any other person, business, or organization with whom they or any member of their immediate family is negotiating or has an arrangement concerning prospective employment is a party. Direct or indirect participation shall include but not be limited to involvement through decision, approval, disapproval, recommendation, preparation of any part of a purchase request, influencing the content of any specification or purchase standard, rendering of advice, investigation, auditing, or in any other advisory capacity.

2. It shall be a breach of ethical standards for any person to offer, give, or agree to give any employee or former employee, or for any employee or former employee to solicit, demand, accept, or agree to accept from another person, a gratuity or an offer of employment, in connection with any decision, approval, disapproval, recommendation, preparation of any part of a purchase request, influencing the content of any specification or purchase standard, rendering of advice, investigation, auditing, or in any other advisory capacity in any proceeding or application, request for ruling or other determination, claim or controversy, or other particular matter, pertaining to any contract or subcontract and any solicitation or proposal therefor.

3. It is a breach of ethical standards for any payment, gratuity, or offer of employment to be made by or on behalf of a subcontractor under a contract to the prime contractor or higher tier subcontractor or any person associated therewith, as an inducement for the award of a subcontract or order.

4. The prohibition against conflicts of interest and gratuities and kickbacks shall be conspicuously set forth in every local public agency written contract and solicitation therefor.

5. It shall be a breach of ethical standards for any public employee or former employee knowingly to use confidential information for his actual or anticipated personal gain, or the actual or anticipated personal gain of any other person.

N. Competitive Bidding

It is the intent of the City that this ITB is conducted according to the competitive sealed bidding procedures set forth in KRS 45A.365. It shall be the Bidder's responsibility to advise the City if any language, requirements, etc. or any combination thereof, inadvertently restricts or limits the requirements stated in this ITB to a single source. Such notification shall be submitted in writing and shall be received no later than three

(3) days after the Bid opening date.

O. Exclusions Accidental exclusions on behalf of the City in this request will not be held against the City as an extra cost of doing business. It is the responsibility of the Bidder to assure that all necessary information including costs of providing the described service herein are included in the Bidder’s response. Any “hidden” fees or services intentionally excluded or added to a Bid to deceive the City will immediately disqualify the Bidder from this and any further business with the City.

P. Responsiveness The City shall only consider those Bids that conform to the material requirement of the City’s request and that are submitted in the Bid format set forth above. A Bid will be considered conforming and responsive if it substantially addresses and promises to meet the requirements contained in this requestor any future reasonable requests made over the course of the selection process. The City may waive any non-conformance that is immaterial AND does not prejudice other Bidders.

Q. Non-responsiveness The City will reject any Bids that materially deviate from the requested specifications OR, that due to any deviation from the Bid, prejudice other Bidders whose response substantially conforms to the requested specifications. This discretion is afforded to the selection committee and members of the Board of Commissioners.

R. Bidder/Contractor/Vendor The terms “Bidder, “Vendor” and “Contractor” are used interchangeably through this bid, and refer to the responsibilities of the entity or individual responding to this solicitation, and the responsibilities of the successful bidder upon award.

S. Public Information Notice All submitted Bids become the property of the City of Covington. The City retains the right to provide copies of responses to its staff, legal, technical, and financial advisors and representatives. Respondent should take care not to provide any confidential information, trade secrets or other intellectual property, that they do not want to be received by City staff.

Please note that all information submitted for review may be subject to the Kentucky Open Records Act and may be made available upon request by the public. Bidders should identify any confidential, proprietary information or trade secrets and provide justification as to why the disclosure of the records would permit an unfair commercial advantage to the Bidder’s competitors.

T. Audit of records The successful Bidder shall maintain books and records relating to this bid and agreement for a period of five

(5) years from the date of final payment under the contract in accordance with KRS 45A.410. Bidder acknowledges that the terms of 45A.410 regarding inspection of books, records, and the place of business of the successful Bidder shall apply to the contract for the work.

U. Revealing Violations of and Compliance with Specified KRS Chapters Contractors shall observe and comply with all regulations, laws, and ordinances of local, state, and federal governments as they apply to this Invitation for Bid (IFB). In accordance with KRS 45A.343 all Contractors are required to:

1. Reveal any final determination of a violation by the Contractor or Subcontractors within the previous five

(5) year period pursuant to KRS Chapters 136, 139, 141, 337, 338, 341, and 342 that apply to the Contractor and Subcontractor; and

2. Be in continuous compliance with the provisions of KRS Chapters 136, 139, 141, 337, 338, 341, and 342 that apply to the Contractor and Subcontractor for the duration of the contract.

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VII. WAGE DETERMINATION SCHEDULE

"General Decision Number: KY20250095 12/05/2025

Superseded General Decision Number: KY20240095

State: Kentucky

Construction Type: Building

County: Kenton County in Kentucky.

BUILDING CONSTRUCTION PROJECTS (does not include single family homes or apartments up to and including 4 stories).

Note: Contracts subject to the Davis-Bacon Act are generally required to pay at least the applicable minimum wage rate required under Executive Order 14026 or Executive Order 13658.

Please note that these Executive Orders apply to covered contracts entered into by the federal government that are subject to the Davis-Bacon Act itself, but do not apply to contracts subject only to the Davis-Bacon Related Acts, including those set forth at 29 CFR 5.1(a)(1).

|If the contract is entered |. Executive Order 14026 | |into on or after January 30, | generally applies to the | |2022, or the contract is | contract. | |renewed or extended (e.g., an |. The contractor must pay | |option is exercised) on or | all covered workers at | |after January 30, 2022: | least $17.75 per hour (or | | | the applicable wage rate | | | listed on this wage | | | determination, if it is | | | higher) for all hours | | | spent performing on the | | | contract in 2025. | |If the contract was awarded on|. Executive Order 13658 | |or between January 1, 2015 and| generally applies to the | |January 29, 2022, and the | contract. | |contract is not renewed or |. The contractor must pay all| |extended on or after January | covered workers at least | |30, 2022: | $13.30 per hour (or the | | | applicable wage rate listed| | | on this wage determination,| | | if it is higher) for all | | | hours spent performing on | | | that contract in 2025. |

The applicable Executive Order minimum wage rate will be adjusted annually. If this contract is covered by one of the Executive Orders and a classification considered necessary for performance of work on the contract does not appear on this wage determination, the contractor must still submit a conformance request.

Additional information on contractor requirements and worker protections under the Executive Orders is available at http://www.dol.gov/whd/govcontracts.

Modification Number Publication Date 0 01/03/2025 1 03/14/2025 2 04/04/2025 3 04/11/2025 4 05/30/2025 5 06/06/2025 6 07/18/2025 7 08/08/2025 8 08/15/2025 9 08/22/2025 10 09/05/2025 11 12/05/2025

ASBE0008-011 03/01/2025

Rates Fringes

ASBESTOS WORKER/HEAT & FROST

INSULATOR........................$ 35.23 23.04

BOIL0040-002 01/01/2025

Rates Fringes

BOILERMAKER......................$ 43.85 28.44

BRKY0018-001 06/01/2024

Rates Fringes

BRICKLAYER.......................$ 35.00 17.13

BRKY0018-002 09/01/2024

Rates Fringes

TILE SETTER......................$ 33.41 17.51

BRKY0018-003 09/01/2024

Rates Fringes

TILE FINISHER....................$ 28.87 17.46

ELEC0212-015 06/02/2025

Rates Fringes

ELECTRICIAN (Includes Low Voltage Wiring)..................$ 38.05 22.97

ELEV0011-001 01/01/2025

Rates Fringes

ELEVATOR MECHANIC................$ 57.41 38.435+a+b

PAID HOLIDAYS:

a. New Year's Day, Memorial Day, Independence Day, Labor Day, Vetern's Day, Thanksgiving Day, the Friday after Thanksgiving, and Christmas Day.

b. Employer contributes 8% of regular hourly rate to vacation pay credit for employee who has worked in business more than 5 years; 6% for less than 5 years' service.

ENGI0181-054 06/01/2025

Rates Fringes

POWER EQUIPMENT OPERATOR

(Drill)..........................$ 40.65 19.60

ENGI0181-079 06/01/2025

Rates Fringes

POWER EQUIPMENT OPERATOR

(Loader).........................$ 40.65 19.60

ENGI0181-090 06/01/2025

Rates Fringes

POWER EQUIPMENT OPERATOR

(Crane)..........................$ 41.98 19.60

CRANES WITH BOOM 150 FEET & OVER, INCLUDING JIB, SHALL

RECEIVE $.50 ABOVE THE WAGE RATE.

ENGI0181-091 06/01/2025

Rates Fringes

POWER EQUIPMENT OPERATOR

(Forklift).......................$ 41.98 19.60

ENGI0181-093 06/01/2025

Rates Fringes

POWER EQUIPMENT OPERATOR

(Oiler)..........................$ 34.99 19.60

IRON0044-016 06/01/2025

IRONWORKER, STRUCTURAL AND

ORNAMENTAL.......................$ 37.77 23.90

IRON0044-018 06/01/2025

Rates Fringes

IRONWORKER, REINFORCING..........$ 38.27 23.90

LABO0265-013 06/01/2025

Rates Fringes

LABORER (Common or General)......$ 27.30 18.75

* LABO0265-020 06/01/2025

Rates Fringes

LABORER (Mason Tender - Brick)...$ 26.60 18.75

LABO1445-002 06/01/2025

Rates Fringes

LABORER (Power Tool Operator)....$ 31.35 23.18

PAIN0123-002 05/01/2024

Rates Fringes

PAINTER (Brush and Roller).......$ 28.29 14.01

PAIN0387-003 11/01/2023

Rates Fringes

GLAZIER..........................$ 31.95 16.65

PLAS0132-015 06/01/2025

Rates Fringes

CEMENT MASON/CONCRETE FINISHER...$ 33.60 16.05

PLUM0452-015 11/01/2024

Rates Fringes

PLUMBER..........................$ 41.00 21.66

PLUM0452-020 11/01/2024

PIPEFITTER.......................$ 41.00 21.66

ROOF0042-008 08/01/2024

Rates Fringes

ROOFER...........................$ 33.00 18.86

SFKY0669-002 04/01/2025

Rates Fringes

SPRINKLER FITTER.................$ 44.15 26.08

SHEE0024-031 06/01/2023

Rates Fringes

SHEET METAL WORKER (Includes HVAC Duct Installation)..........$ 33.53 26.71

SUKY2015-034 06/02/2015

Rates Fringes

CARPENTER, Includes Form Work....$ 23.85 12.37

LABORER: Mason Tender - Cement/Concrete..................$ 25.10 13.67

LABORER: Pipelayer..............$ 20.36 9.90

OPERATOR:

Backhoe/Excavator/Trackhoe.......$ 24.66 10.81

OPERATOR: Bulldozer.............$ 19.69 4.71

OPERATOR: Paver (Asphalt, Aggregate, and Concrete).........$ 22.52 4.00

OPERATOR: Roller................$ 23.60 12.65

PAINTER: Spray..................$ 22.81 11.87

TRUCK DRIVER: Dump Truck........$ 24.35 14.59

WELDERS - Receive rate prescribed for craft performing operation to which welding is incidental.

Note: Executive Order (EO) 13706, Establishing Paid Sick Leave for Federal Contractors applies to all contracts subject to the Davis-Bacon Act for which the contract is awarded (and any solicitation was issued) on or after January 1, 2017. If this contract is covered by the EO, the contractor must provide employees with 1 hour of paid sick leave for every 30 hours they work, up to 56 hours of paid sick leave each year.

Employees must be permitted to use paid sick leave for their own illness, injury or other health-related needs, including preventive care; to assist a family member (or person who is like family to the employee) who is ill, injured, or has other health-related needs, including preventive care; or for reasons resulting from, or to assist a family member (or person who is like family to the employee) who is a victim of, domestic violence, sexual assault, or stalking. Additional information on contractor requirements and worker protections under the EO is available at https://www.dol.gov/agencies/whd/government-contracts.

Unlisted classifications needed for work not included within the scope of the classifications listed may be added after award only as provided in the labor standards contract clauses (29CFR 5.5 (a) (1) (iii)).

The body of each wage determination lists the classifications and wage rates that have been found to be prevailing for the type(s) of construction and geographic area covered by the wage determination. The classifications are listed in alphabetical order under rate identifiers indicating whether the particular rate is a union rate (current union negotiated rate), a survey rate, a weighted union average rate, a state adopted rate, or a supplemental classification rate.

Union Rate Identifiers

A four-letter identifier beginning with characters other than ""SU"", ""UAVG"", ?SA?, or ?SC? denotes that a union rate was prevailing for that classification in the survey. Example:

PLUM0198-005 07/01/2024. PLUM is an identifier of the union whose collectively bargained rate prevailed in the survey for this classification, which in this example would be Plumbers.

0198 indicates the local union number or district council number where applicable, i.e., Plumbers Local 0198. The next number, 005 in the example, is an internal number used in processing the wage determination. The date, 07/01/2024 in the example, is the effective date of the most current negotiated rate.

Union prevailing wage rates are updated to reflect all changes over time that are reported to WHD in the rates in the collective bargaining agreement (CBA) governing the classification.

Union Average Rate Identifiers

The UAVG identifier indicates that no single rate prevailed for those classifications, but that 100% of the data reported for the classifications reflected union rates. EXAMPLE:

UAVG-OH-0010 01/01/2024. UAVG indicates that the rate is a weighted union average rate. OH indicates the State of Ohio.

The next number, 0010 in the example, is an internal number used in producing the wage determination. The date, 01/01/2024 in the example, indicates the date the wage determination was updated to reflect the most current union average rate.

A UAVG rate will be updated once a year, usually in January, to reflect a weighted average of the current rates in the collective bargaining agreements on which the rate is based.

Survey Rate Identifiers

The ""SU"" identifier indicates that either a single non-union rate prevailed (as defined in 29 CFR 1.2) for this classification in the survey or that the rate was derived by computing a weighted average rate based on all the rates reported in the survey for that classification. As a weighted average rate includes all rates reported in the survey, it may include both union and non-union rates. Example: SUFL2022-007 6/27/2024. SU indicates the rate is a single non-union prevailing rate or a weighted average of survey data for that classification. FL indicates the State of Florida. 2022 is the year of the survey on which these classifications and rates are based. The next number, 007 in the example, is an internal number used in producing the wage determination. The date, 6/27/2024 in the example, indicates the survey completion date for the classifications and rates under that identifier.

?SU? wage rates typically remain in effect until a new survey is conducted. However, the Wage and Hour Division (WHD) has the discretion to update such rates under 29 CFR 1.6(c)(1).

State Adopted Rate Identifiers

The ""SA"" identifier indicates that the classifications and prevailing wage rates set by a state (or local) government were adopted under 29 C.F.R 1.3(g)-(h). Example: SAME2023-007 01/03/2024. SA reflects that the rates are state adopted. ME refers to the State of Maine. 2023 is the year during which the state completed the survey on which the listed classifications and rates are based. The next number, 007 in the example, is an internal number used in producing the wage determination.

The date, 01/03/2024 in the example, reflects the date on which the classifications and rates under the ?SA? identifier took effect under state law in the state from which the rates were adopted.

WAGE DETERMINATION APPEALS PROCESS

1) Has there been an initial decision in the matter? This can be:

a) a survey underlying a wage determination

b) an existing published wage determination

c) an initial WHD letter setting forth a position on a wage determination matter

d) an initial conformance (additional classification and rate) determination

On survey related matters, initial contact, including requests for summaries of surveys, should be directed to the WHD Branch of Wage Surveys. Requests can be submitted via email to davisbaconinfo@dol.gov or by mail to:

Branch of Wage Surveys Wage and Hour Division U.S. Department of Labor 200 Constitution Avenue, N.W.

Washington, DC 20210

Regarding any other wage determination matter such as conformance decisions, requests for initial decisions should be directed to the WHD Branch of Construction Wage Determinations.

Requests can be submitted via email to BCWD-Office@dol.gov or by mail to:

Branch of Construction Wage Determinations Wage and Hour Division U.S. Department of Labor 200 Constitution Avenue, N.W.

Washington, DC 20210

2) If an initial decision has been issued, then any interested party (those affected by the action) that disagrees with the decision can request review and reconsideration from the Wage and Hour Administrator (See 29 CFR Part 1.8 and 29 CFR Part 7).

Requests for review and reconsideration can be submitted via email to dba.reconsideration@dol.gov or by mail to:

Wage and Hour Administrator U.S. Department of Labor 200 Constitution Avenue, N.W.

Washington, DC 20210

The request should be accompanied by a full statement of the interested party's position and any information (wage payment data, project description, area practice material, etc.) that the requestor considers relevant to the issue.

3) If the decision of the Administrator is not favorable, an interested party may appeal directly to the Administrative Review Board (formerly the Wage Appeals Board). Write to:

Administrative Review Board U.S. Department of Labor 200 Constitution Avenue, N.W.

Washington, DC 20210.

END OF GENERAL DECISION"

VIII. SECTION 3 POLICY AND PLAN

City of Covington, Kentucky

Section 3 Policy and Plan

Jeremy Wallace, Community Development Manager 20 West Pike Street Covington, Kentucky 41011 859.292.2163 jwallace@covingtonky.gov www.covingtonky.gov mailto:jwallace@covingtonky.gov http://www/ http://www.covingtonky.gov/ http://www.covingtonky.gov/ http://www.covingtonky.gov/ http://www.covingtonky.gov/ http://www.covingtonky.gov/ http://www.covingtonky.gov/

1. SECTION 3 PURPOSE

Section 3 is a provision of the Housing and Urban Development Act of 1968 (12 U.S.C.

1701u) that is regulated by the provisions of 24 CFR 75. Section 3 regulations ensure that employment and other economic opportunities generated by certain HUD financial assistance shall, to the greatest extent feasible, and consistent with existing Federal, State and local laws and regulations, be directed to low- and very low- income persons, particularly those who are recipients of government assistance for housing, and to business concerns which provide economic opportunities to low- and very low-income persons.

This plan outlines how the City of Covington and its subrecipients, contractors and subcontractors will comply with HUD’s Section 3 requirements in implementing Community Development Block Grant (CDBG), Home Investment Partnerships Program (HOME) and any other HUD funded programs. The City of Covington will, to the greatest extent feasible, ensure that employment and other economic opportunities are directed to low- and very low-income persons (Section 3 workers and Targeted Section 3 workers) and to eligible businesses (Section 3 Businesses) and requires the same of its contractors. The City of Covington may amend its Section 3 Policies and Procedures document as necessary to ensure continued compliance with HUD’s requirements and/or to reflect updated Section 3 guidance and outreach strategies.

It is the policy of the City of Covington to require its contractors to provide equal employment opportunity to all employees and applicants for employment without regard to disability, age, sex, race, color, religion, ancestry, national origin, sexual orientation, gender identity, familial status, marital and/or parental status and place of birth.

APPLICABILITY

For housing and community development financial assistance, this plan applies to housing rehabilitation, housing construction, and other public construction projects that exceed $200,000 or more of housing and community development financial assistance from one or more HUD programs. Applicability is determined at the project level. For projects funded with Lead and Hazard Control and Healthy Homes Programs, this plan applies to projects that exceed $100,000.

This plan also applies to projects that include multiple funding sources. Multiple funding source projects include projects that include public housing financial assistance, housing and community development financial assistance for single or multiple recipients, and the Lead Hazard Control and Healthy Homes Program.

Section 3 requirements…