Louisville Jefferson County

Metro Government

Public Works and Assets

Via-Smart Project

BID

IFB260165

Milestone Dates: Released 3/25/2026

Questions Due 4/9/2026 Submissions Due 4/16/2026

Pre-bid Meeting: Thursday, April 2nd, 2026 @ 3:00PM

BID

TABLE OF CONTENTS

1. Instructions to Bidders

2. Specifications

3. Evaluation Criteria

4. General Provisions

5. Hold Harmless Agreement and Indemnification Clause and Insurance Requirements

6. Human Relations Commission Required Documentation

7. Federal Terms

8. Attachments

a. Bid Schedule Reference

b. Buy America Provision

c. Kentucky Equal Employment Opportunity Act

d. Executive Branch Code of Ethics

e. State Minimum Wage Laws

f. Right of Way Form

g. Utility and Railroad Note

h. Addendums

SECTION 1

INSTRUCTIONS TO BIDDERS

1.1. Introduction

The Louisville/Jefferson County Metro Government (“Metro Government”) is now accepting Bids for Via-Smart Project

The process of accepting Bids and choosing the successful Bidder shall be by Competitive Sealed Bidding. The Metro Government, if it chooses to award a contract based on this Bid, shall do so on the basis of lowest bid price or best evaluated bid.

1.2. Considerations Prior to Submitting a Bid

1.2.1. Revenue Commission

If you are a Metro Government vendor or you are doing business in Metro Louisville, you should already be registered with the Revenue Commission and have all of your required taxes paid. If you become the successful Bidder, you must be properly registered with the Revenue Commission and have all of your required taxes paid prior to the award of a contract.

You must provide your Revenue Commission Number on the Bidder Information and Bid Signature Document, unless you do not yet have one. Contact the Louisville Metro Revenue Commission at (502) 574-4860 for information related to obtaining an account number or verifying current compliance.

1.2.2. Human Relations Commission

There are two affirmative action requirements which apply to Metro Government Contracts: a) Affirmative Action in Employment and b) Affirmative Action in the subcontracting of Minority, Female and Handicapped-owned businesses.

1.2.2.1. Affirmative Action in Employment

1.2.2.1.1. The Louisville Metro Human Relations Commission (“HRC”) is required determine whether contractors’ employment policies assure employment opportunities are available to all citizens without regard to race, color, religion, national origin, marital status, handicap, sex, sexual orientation or gender identity, or age.

1.2.2.1.2. To make this determination, the HRC will make an inquiry of the successful Bidder pursuant to Louisville Metro Ordinances Section 37.27.

1.2.2.1.3. If you are contacted by Purchasing Division staff notifying of award, and you have not already been “HRC Prequalified”, you will need to contact the HRC at 502-574-3631 for information and assistance on procedures to follow in becoming approved and qualified.

1.2.2.1.4. Bidder acknowledges that the resulting Agreement from this IFB is subject to Louisville/Jefferson County Metro Government Ordinances §37.25-§37.36 and failure to comply with the terms of those Ordinances will be cause for suspension, termination or cancellation of a contract executed hereunder, or rejection of Bidder’s Bid.

1.2.2.2. Affirmative Action in Subcontracting

1.2.2.2.1. Generally, either a Bidder will use subcontractors or it will do all the work itself.

1.2.2.2.2. If Not Using Subcontractors, you must complete and sign Form GFE-1, which is included with this Bid in the HRC’s “Good Faith Efforts Requirements” document, to indicate work will be self-performed.

1.2.2.2.3. Failure to include a completed Form GFE-1 with your bid will cause the bid to be rejected and deemed nonresponsive.

1.2.2.2.4. If Using Subcontractors, you must follow the instructions and complete the forms in the “Good Faith Efforts Requirements” document included with this bid. This includes but is not limited to making the required good faith effort, as that term is defined in the document.

1.2.3. LMCO Louisville Metro Codified Ordinance Policy Certifications LMCO 112.30

1.2.3.1. Per LMCO 112.30(D):

1.2.3.1.1. Vendors who apply for business with Louisville Metro must follow the practice that initial vendor employment applications not contain a "box" or a question of inquiry on the initial application regarding an applicant's prior criminal history and applicants shall not be required to check or otherwise fill in a "box" or respond to an inquiry regarding an applicant's prior criminal history on the vendor's initial employment application, unless as otherwise provided by or required by state and federal law.

1.2.3.1.2. Failure to adhere to this requirement shall cause your submission not to be considered for award. Louisville Metro shall retain at all times the authority to deny, rescind, revoke, terminate or not renew a contract with a vendor for failing to comply with the standards established by LMCO 112.30.

1.2.4. Requirements Regarding Sexual Assault and Sexual Harassment in the workplace, per

LMCO 39.220-224:

1.2.4.1. Per LMCO 39.222: An Organization executing a contract valued at $50K or more (“Covered Entities" shall not execute any settlement agreement concerning workplace sexual assault, sexual harassment, failure to prevent same or which concern claims of retaliation against a person reporting such matters if such an agreement prevents or restricts the disclosure of factual information related to such claims filed in a civil action or a complaint filed in an administrative action.

1.2.4.2. Reporting Requirements. Per LMCO 39.221: Each covered entity shall annually report to Louisville Metro internal complaints of workplace sexual harassment and sexual assault by employees who reside or work in Louisville/Jefferson County. The report shall be submitted to the Office of Equity.

1.2.4.3. Nondisclosure Agreements. Per LMCO 39.223: No covered entity shall, in exchange for a raise or bonus, or as a condition of employment or continued employment, require an employee to sign any agreement that prohibits the disclosure of information about unlawful acts in the workplace. “Information about unlawful acts in the workplace" includes, but is not limited to, information pertaining to harassment or discrimination or any other conduct that the employee has reasonable cause to believe is unlawful.

1.3. Preferences

1.3.1. Minimum Wage Preference

1.3.1.1. Per Louisville Metro Ordinance Chapter §37.56, preferences shall be given to businesses, which provide their employees a minimum wage equal to or exceeding the minimum wage set forth in §37.55 ("minimum wage business") which is currently $10.10/hour. This minimum wage rate is the rate set by Louisville Metro Council for all full-time Louisville Metro employees.

1.3.1.2. If a business provides its employees at least $10.10/hour, regardless of location or position, the offer price in the Bid shall be reduced by 5% for the purpose of determining which offer is most advantageous to Metro Government.

1.3.1.3. If this Bid is for services, and the business intends to use subcontractors to perform all or part of the work required under the contract, the business shall not subcontract more than 20% of the work to non-minimum wage businesses unless such services are not available from minimum wage businesses.

1.3.1.4. If a business receives the Minimum Wage Preference and is awarded a contract under this Bid, then it must post a sign of the $10.10 minimum wage rate in a conspicuous place and manner so as to inform employees and the public of your minimum wage policy.

1.3.1.5. If you certify your business as a minimum wage business, are subsequently awarded a contract, and the Metro Government discovers you do not pay your employees at least $10.10 per hour, your business will be liable to the Metro Government for 30% of the amount of the contract awarded.

1.3.1.6. You must complete the Minimum Wage Preference Certification on the Bidder Information and Signature Page included in this Bid.

1.3.2. Local Vendor Preference

The Metro Government gives Bids submitted by local vendors a preference.

1.3.2.1. To qualify as a local vendor, a company must:

1.3.2.1.1. Be established in the Louisville Metropolitan Statistical Area (“MSA”), as defined by the United States Census Bureau for twelve (12) consecutive months.

1.3.2.1.2. Possess a current Louisville Revenue Commission account number.

1.3.2.1.3. Have its headquarters located in the Louisville MSA or have a branch office currently located in the Louisville MSA for at least twelve (12) consecutive months prior to the broadcast date of this Bid.

1.3.2.1.4. Determine whether the City or County within the Louisville MSA in which your business is located has the required reciprocal ordinance which recognizes business located within the Louisville MSA as local businesses for the purpose of a procurement preference. If that City or County does have such an ordinance, you must include a copy of that document in your response to this

IFB.

1.3.2.1.5. Utilize local businesses to furnish at least 75% of the services under a contract awarded hereunder unless such services are not available locally.

1.3.2.2. If the Metro Government determines your business is a local business, based on the standards described here, then your business shall receive a 5% reduction of the total amount you propose or 5 points added to your evaluated Bid total, depending on the type of bid evaluation process the Metro Government has decided to use.

1.3.2.3. If the Metro Government concludes your business is a local business for the purposes of this Bid, and that determination is based on false information, the Bidder shall be subject to a fine equal to 25% of the price quoted in this Bid.

1.3.2.4. Any petition challenging the designation or award of local vendor preference shall follow the procedures set forth in LMCO §37.03.

1.3.3. Kentucky Statutory Preferences

The Commonwealth of Kentucky requires the Metro Government to apply certain purchasing preferences as set forth in Kentucky Revised Statutes (“KRS”) Sections 45A.470, 45A.490, 492 and 494.

1. Kentucky Correctional Industries: Products made by the Department of Corrections, Division of Prison Industries, shall receive a preference equal to twenty (20) percent of the maximum points awarded to a bidder in a solicitation. (KRS 45A.470, 200 KAR 5:410)

2. Qualified bidder status: Kentucky Industries for the Blind, Incorporated, any nonprofit corporation that furthers the purposes of KRS Chapter 163, or a qualified nonprofit agency for individuals with severe disabilities as described in KRS 45A.465(3) shall receive a preference equal to fifteen (15) percent of the maximum points awarded to a bidder in a solicitation.

a. A bidder claiming qualified bidder status shall submit along with its response to a solicitation a notarized affidavit which affirms that it meets the requirements to be considered a qualified bidder. The required affidavit form can be obtained by going to Metro Louisville Metro Government’s Purchase webpage:

https://louisvilleky.gov/government/management-budget/procurement.

https://louisvilleky.gov/government/management-budget/p

3. Reciprocal Preference (KRS 45A.490-494)

a. KRS 45A.490 Definitions for KRS 45A.490 to 45A.494.

1. "Contract" means any agreement of a public agency, including grants and orders, for the purchase or disposal of supplies, services, construction, or any other item; and

2. "Public agency" has the same meaning as in KRS 61.805.

b. KRS 45A.492 Legislative declarations. The General Assembly declares:

1. A public purpose of the Commonwealth is served by providing preference to

Kentucky residents in contracts by public agencies; and

2. Providing preference to Kentucky residents equalizes the competition with other states that provide preference to their residents.

c. KRS 45A.494 Reciprocal preference to be given by public agencies to resident bidders -- List of states -- Administrative regulations.

1. Prior to a contract being awarded to the lowest responsible and responsive bidder on a contract by a public agency, 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. A resident bidder is an individual, partnership, association, corporation, or other business entity that, on the date the contract is first advertised or announced as available for bidding:

a. Is authorized to transact business in the Commonwealth; and

b. Has for one (1) year prior to and through the date of the advertisement, filed Kentucky corporate income taxes, made payments to the Kentucky unemployment insurance fund established in KRS 341.490, and maintained a Kentucky workers' compensation policy in effect.

3. A nonresident bidder is an individual, partnership, association, corporation, or other business entity that does not meet the requirements of subsection

(2) of this section.

4. If a procurement determination results in a tie between a resident bidder and a nonresident bidder, preference shall be given to the resident bidder.

5. This section shall apply to all contracts funded or controlled in whole or in part by a public agency.

6. The Finance and Administration Cabinet shall maintain a list of states that give to or require a preference for their own resident bidders, including details of the preference given to such bidders, to be used by public agencies in determining resident bidder preferences. The cabinet shall also promulgate administrative regulations in accordance with KRS Chapter 13A establishing the procedure by which the preferences required by this section shall be given.

7. The preference for resident bidders shall not be given if the preference conflicts with federal law.

8. Any public agency soliciting or advertising for bids for contracts shall make KRS 45A.490 to 45A.494 part of the solicitation or advertisement for bids.

A notarized affidavit form for Bidders, Offerors, and Contractors Claiming Resident Bidder Status can be obtained by going to Metro Louisville Metro Government’s Purchase webpage:

https://louisvilleky.gov/government/management-budget/procurement if a bidder wishes to include in their Bid. Unless there are bid from vendors from states that have a designated percentage or point procurement preference in that state, this preference will not apply.

1.4 Bid Submittal Requirements

1.4.1 All Bids must be signed by a duly authorized officer, agent or employee of the Bidder (See the

“Bid Signature Page” document). Bidder promises that the individual signing the Bid document for the Bidder has the authority to bind the Bidder.

1.4.2 Sealed Bids will be accepted until 3:00 p.m. EST on April 16th, 2026.

Louisville Metro Government uses a web-based portal for accepting and evaluating bids digitally (https://louisvilleky.bonfirehub.com/portal). Documents may be uploaded at any time during the open period. We strongly recommend that you allow sufficient time to complete uploading, submit and finalize your submission before the closing deadline.

If you have any technical questions related to your submission, please contact Bonfire at Support@GoBonfire.com.

You can also visit their help forum at https://bonfirehub.zendesk.com/hc.

1.4.3 Bids cannot be submitted through the portal after 3:00 p.m. EST on April 16th, 2026.

1.4.4 Any inquiries about this IFB shall be addressed in writing on the Bonfire portal.

1.4.5 Changes, Clarifications, Errors, Addenda:

1.4.5.1 Should a prospective Bidder find a discrepancy in or omissions from the specifications or be unclear as to what the specifications mean, the Bidder shall notify Metro Purchasing through the Bonfire portal. The Buyer will provide written clarification to all prospective Bidders. Bidder agrees that the Metro Government will not be responsible for any oral instructions.

1.4.5.2 Clarification of Submittal: The Metro Government may obtain clarification or additional information from a Bidder.

https://louisvilleky.gov/government/management-budget/p mailto:Support@GoBonfire.com https://bonfirehub.zendesk.com/hc

1.4.5.3 Changes/Alterations: Bidder may change or withdraw its Bid at any time prior to Bid closing date and time.

1.4.5.4 The Bidder must respond as required in this Bid; failure to make any required response or provide required information may cause rejection of the Bid as nonresponsive.

1.4.5.5 Once this Bid has been signed by Bidder and officially submitted to the Purchasing Department of the Metro Government, Bidder will not be allowed to alter or withdraw its Bid except with the written permission of the Director of Purchasing.

1.4.5.6 Addenda: The Metro Government may issue an addendum, or addenda, changing some aspect of the Bid. All addenda, if any, shall be considered in making the Bid, and such addenda shall be made a part of this Bid. Before submitting a Bid, it is incumbent upon each Bidder to be informed as to whether any addenda have been issued, and the failure to cover in the Bid any such addenda may result in disqualification of that Bid.

1.4.6 The Metro Government shall not permit a Bidder to withdraw its Bid for sixty (60) days after

Bids are opened, unless the Metro Government makes a specific exception in writing.

Further, Bid prices shall be firm for a minimum of six (6) months after the Bid closing date.

1.4.7 Metro Government shall not be responsible for any cost incurred by the Bidder in the preparation of its Bid.

1.4.8 When the Bidder signs its Bid and submits it to the Metro Government for consideration of award, the Bidder agrees that is offering to enter into a contract with the Metro Government subject to all the conditions herein, without exception. If the Metro Government decides to accept the Bidder’s offer, the Bidder agrees that the Metro Government creates a contract by signing the Bidder Information and Bid Signature Page contained in this Bid. Bidder agrees that the contract shall contain all of the conditions herein. Bidder agrees that nothing in this Bid is negotiable. “Condition”, as used here, means, but is not limited to meaning, requirements, terms, obligations, duties, specifications, etc. If the Bidder attempts to change any of the conditions in this Bid, whether in its Bid response or otherwise, the Metro Government shall reject Bidder’s Bid as nonresponsive. If Bidder considers any condition herein unacceptable to it, Bidder should not submit a Bid.

1.4.8.1 If Bidder submits any document which purports to be contractual, the Metro Government shall reject the Bid as nonresponsive. If Bidder submits any such document after the contract has been executed, Bidder agrees that the Metro Government may terminate that contract for cause immediately.

1.4.9 If the award is divided among or between vendors, written notification will be given to each vendor of the specific items covered on their respective contracts.

1.5 Buyer Information

Alan Cunningham Alan.cunningham@louisvilleky.gov

(502) 574-6397

SECTION 2

SPECIFICATIONS

2.1 PROJECT DESCRIPTION:

2.1.1. There are several viaducts across Jefferson County that experience over height strikes as well as roadway flooding. This project attempts to improve safety and reliability of the roadway networks in and around the identified viaducts.

2.1.2. This demonstration project, funded through a federal SMART grant particularly at the following intersections/viaducts:

2.1.2.1 3rd Street & Eastern Parkway - Lat: 4917701.27, Long: 3965437.06

2.1.2.2 3rd Street & Winkler Avenue - Lat: 4917577.71, Long: 3964598.04

2.1.2.3 4th Street and Industry Drive - Lat: 4917272.60, Long: 3965945.28

2.1.2.4 15th Street and Oak Street - Lat: 4912831.74, Long: 3971764.77

2.1.3. As a pilot project, there will be different solutions installed to address over height strikes and flooding at the identified viaducts. The detection devices and equipment will relay the following information to the traveling public as well as government agencies:

2.1.3.1 Roadway flooding at the viaduct

2.1.3.2 There is an over height approaching at the viaduct.

2.1.3.3 An over height vehicle has struck the viaduct.

2.2 PROJECT SCHEDULE AND COMPLETION DATE

2.2.1. A Notice to Proceed must be issued by the Engineer before work will be allowed to begin.

2.2.2. Within ten (10) days from the date of “Notice of Acceptance” of the Proposal, the undersigned agrees to execute the Contract, as defined therein, and to furnish a satisfactory contract bond. The undersigned also agrees to begin work within three (3) days of the Notice to Proceed.

2.3 QUALITY ASSURANCE

2.3.1. ALL CONTRACTORS MUST BE PREQUALIFIED WITH THE KENTUCKY TRANSPORTATION

CABINET AT THE TIME OF THE BID OPENING. SUBCONTRACTORS MUST BE

PREQUALIFIED WITH THE KENTUCKY TRANSPORTATION CABINET WHEN ACCEPTING

SUBCONTRACTS. All Contractors must be prequalified with the Louisville Water

Company when performing water work.

2.3.2. All work is to be in accordance with the current editions of the Louisville-Jefferson

County Metro Government Standard Specifications and Drawings, KYTC Standard

Specifications for Road and Bridge Construction, Current Edition, Louisville Water

Company Specifications, and the Manual on Uniform Traffic Control Devices; unless otherwise specified in the Contract Documents. Where any conflicts exist between

Division 100 of the Standard Specifications concerning contract administration and metro government procedures, Division 100 of the standard specifications shall apply.

2.3.3. As per the KYTC Standard Specifications and the appropriate KY Methods detailed herein, the Contractor is responsible for quality control of asphalt mixtures. Quality

Assurance shall be provided by the City's Representative. Quality Control-Quality

Assurance for concrete mixtures shall be provided by the City's Representative.

Other sampling and testing of materials, as detailed in the project specifications, the

KYTC Standard Specifications, the KYTC Sampling Manual, and the KY Methods shall be coordinated between the Contractor and City's Representative as required. All materials used on the project shall meet the appropriate requirements established herein and proper documentation and certifications are to be provided by the

Contractor to the City's Representative for approval prior to use of said material on the project.

2.3.3.1 Asphalt

2.3.3.1.1 The inspector shall verify the mixture volumetrics per 4,000 tons of material that is placed for (AC) asphalt surface content and gradation.

2.3.3.1.2 The core density will be collected and tested at four randomly selected locations per 1,000 tons of material that is placed along the mainline area of roadway. Two additional samples will be taken from the joint area along the same corridor. The percent of solid density of each core will be determined.

2.3.3.1.3 Temperature reading shall be taken randomly taken at least four times for every 1,000 tons of material that is placed.

2.3.3.1.4 Emulsified asphalts should be sampled per 15,000 tons of asphalt mixture.

Mixture should then be tested to ensure it meets KYTC standard specifications.

If less than 1,000 tons of asphalt mixture are used on a project, no sample is required.

Sampling Methods: for all approved sampling methods see KYTC specifications:

Sampling Material by Random Number Sampling: See KM 64-113

Sampling Asphalt Mixtures: See KM 64-425

Method for Coring and Determining Percent of Solid Density of In-Place, Compacted, Asphalt Mixture Courses: See KM 64-442

2.3.3.2 Concrete/Cement

2.3.3.2.1 Test the first truck load for air content test, slump test, temperature, and prepare cylinders (set of 2 for 6xl2's or a set of 3 for 4x8's).

2.3.3.2.2 If a satisfactory control is established, then test will be performed for each

100 cubic yards poured daily.

2.3.3.2.3 If the initial test does not fall within specified limits, the load shall be turned away and every subsequent load will be tested until production meets the specifications.

2.3.3.2.4 For every slump and air test performed, cylinders shall be cast on all batches.

2.3.3.2.5 For pours of 15 cubic yards and less, no test will be required unless concrete quality is questionable.

Sampling Methods: for all approved sampling methods see KYTC specifications:

Air Content: See KM 64-303

Slump Test: See KM 64-302

Sampling Fresh Concrete: See KM 64-301

Temperature: See KM 64-318

Cylinders: See KM 64-305

2.3.4. All tests are to be performed by certified inspector or construction coordinator. Lab tests shall be performed by a prequalified State approved testing facility. All results shall be properly documented and turned in with inspector’s daily inspections logs. Lab results shall be turned in with weekly or monthly reports, whichever is required by the department.

2.4 GENERAL WARRANTY

2.4.1. The Contractor warrants to Metro that materials and equipment furnished by the

Contractor under the contract will be new and of good quality unless otherwise required or permitted by the Contract Documents, that the work will be free from defects not inherent in the quality required or permitted, and that the work will conform to the requirements of the contract documents. Work not conforming to these requirements, including substitutions not properly approved and authorized, may be considered defective. If required by Metro the Contractor shall furnish satisfactory evidence as to the kind and quality of materials and equipment.

2.4.2. The Contractor’s obligation to perform and complete the work in accordance with the

Contract Documents shall be absolute. None of the following will constitute an acceptance of work that is not in accordance with the Contract Documents or a release of the Contractor’s obligation to perform the work in accordance with the Contract

Documents:

2.4.2.1 Observations by the Project Manager

2.4.2.2 Payment by Metro

2.4.2.3 Use or occupancy of any part of the work by Metro

2.4.2.4 Any inspection, test or approval by others; or

2.4.2.5 Any correction of defective work by Metro

2.4.3. Failure on the part of Metro to insist on strict performance by the Contractor of any provision of this Contract is not a waiver of Metro’s rights and/or remedies, nor shall it relieve the contractor from performing any subsequent obligations strictly in accordance with the terms of this Contract.

2.4.4. Metro may, at its option, waive compliance with any particular Contract requirement.

No waiver shall be effective unless in writing and signed by both Metro and the

Contractor. Written waivers shall be limited to the specified provisions of this Contract specifically referred to herein and shall not be deemed a waiver of any other provisions.

The written waiver shall not constitute a continuing waiver unless it states otherwise.

2.4.5. All work shall be warranted for one (1) year form the date of Substantial Completion unless specified otherwise.

2.5 CONSTRUCTION METHODS

2.5.1. Construction methods for this work shall comply with the Kentucky Standard

Specifications for Road and Bridge Construction, Current Edition, except where modified herein. All signs and markings will be in accordance with the current Manual on

Uniform Traffic Control Devices.

2.5.2. All sedimentation and erosion control practices should be in place prior to construction and meet the standards set forth by the Plans.

2.5.3. All work should take place inside of the existing right-of-way and/or the specified disturb limits on the provided plans. Public Works will not be responsible for any work the contractor may engage in outside of the specified limits.

2.6 EQUIPMENT STORAGE

2.6.1. If approved by the Engineer in writing, permits for on-street overnight parking of the

Contractor’s equipment may be issued providing such equipment, including barricades, cones, and any other safety devices, will be entirely contained within one traffic lane.

Otherwise, during non-working hours of each day, all equipment and signing devices required during the working hours shall be placed off the right-of-way. Personal vehicles will not be permitted to park within the right-of-way except in specific areas designated by the Engineer.

2.7 SITE CONDITIONS

2.7.1. Differing site conditions shall be in accordance with KYTC Section 104.02.03 and 23 CFR

635.109.

2.7.1.1 During the progress of the work, if subsurface or latent physical conditions are encountered at the site differing materially from those indicated in the contract or if unknown physical conditions of an unusual nature, differing materially from those ordinarily encountered and generally recognized as inherent in the work provided for in the contract, are encountered at the site, the party discovering such conditions shall promptly notify the other party in writing of the specific differing conditions before the site is disturbed and before the affected work is performed.

2.7.1.2 Upon written notification, the Engineer will investigate the conditions, and if it is determined that the conditions materially differ and cause an increase or decrease in the cost or time required for the performance of any work under the contract, an adjustment, excluding anticipated profits, will be made and the contract modified in writing accordingly. The Engineer will notify the Contractor of the determination whether or not an adjustment of the contract is warranted.

2.7.1.3 No contract adjustment which results in a benefit to the Contractor will be allowed unless the Contractor has provided the required written notice.

2.7.1.4 No contract adjustment will be allowed under this clause for any effects caused on unchanged work.

2.8 SUSPENSIONS OF WORK ORDERED BY THE ENGINEER

2.8.1. If the performance of all or any portion of the work is suspended or delayed by the

Engineer in writing for an unreasonable period of time (not originally anticipated, customary, or inherent to the construction industry) and the contractor believes that additional compensation and/or contract time is due as a result of such suspension or delay, the contractor shall submit to the Engineer in writing a request for adjustment within seven (7) calendar days of receipt of the notice to resume work. The request shall set forth the reasons and support for such adjustment.

2.8.2. Upon receipt, the Engineer will evaluate the contractor’s request. If the Engineer agrees that the cost and/or time required for the performance of the contract has increased as a result of such suspension and the suspension was caused by conditions beyond the control of and not the fault of the Contractor, its suppliers, or subcontractors at any approved tier, and not caused by weather, the Engineer will make an adjustment

(excluding profit) and modify the contract in writing accordingly. The contractor will be notified of the Engineer’s determination whether or not an adjustment of the contract is warranted.

2.8.3. No contract adjustment will be allowed unless the contractor has submitted the request for adjustment within the time prescribed.

2.8.4. No contract adjustment will be allowed under this clause to the extent that performance would have been suspended or delayed by any other cause, or for which an adjustment is provided or excluded under any other term or condition of this contract.

2.9 SIGNIFICANT CHANGES IN THE CHARACTER OF WORK

2.9.1. The Engineer reserves the right to make, in writing, at any time during the work, such changes in quantities and such alterations in the work as are necessary to satisfactorily complete the project. Such changes in quantities and alterations shall not invalidate the contract nor release the surety, and the contractor agrees to perform the work as altered.

2.9.2. If the alterations or changes in quantities significantly change the character of the work under the contract, whether such alterations or changes are in themselves significant changes to the character of the work or by affecting other work cause such other work to become significantly different in character, an adjustment, excluding anticipated profit, will be made to the contract. The basis for the adjustment shall be agreed upon prior to the performance of the work. If a basis cannot be agreed upon, then an adjustment will be made either for or against the contractor in such amount as the

Engineer may determine to be fair and equitable.

2.9.3. If the alterations or changes in quantities do not significantly change the character of the work to be performed under the contract, the altered work will be paid for as provided elsewhere in the contract.

2.9.4. The term ‘‘significant change’’ shall be construed to apply only to the following circumstances:

2.9.4.1 When the character of the work as altered differs materially in kind or nature from that involved or included in the original proposed construction; OR

2.9.4.2 When a major item of work, as defined elsewhere in the contract, is increased in excess of 125 percent or decreased below 75 percent of the original contract quantity. Any allowance for an increase in quantity shall apply only to that portion in excess of 125 percent of original contract item quantity, or in case of a decrease below 75 percent, to the actual amount of work performed.

2.10 EXTRA WORK

2.10.1. Bidder agrees to do any and all extra work, as defined in the General Conditions, which may be ordered by the Louisville Metro Government and to accept as full compensation therefore such prices as are determined pursuant to the provisions of a Change Order.

2.10.2. Change Order shall be approved by Louisville Metro Government and the Kentucky

Transportation Cabinet before starting the work. A KYTC Change Order form has been attached herewith.

2.11 PAYMENT

2.11.1. BASIS - The bid items listed on the bid proposal sheet will be measured and paid for in the units designated for the individual items. Such payment shall be full compensation for all labor, materials, equipment, traffic controls, project signs and all incidentals which may be required to satisfactorily complete the work. Final payment quantities shall be based on actual in-place quantities; however, the award of the Contract shall be on the basis of the lowest total evaluated bid.

2.11.2. INVOICES – The Contractor shall invoice at thirty (30) day intervals. The Contractor shall submit a draft invoice for review by Metro before submitting the final invoice. Once approved, the contractor may submit a final invoice for payment. Invoices shall be billed according to unit prices of work in place.

2.12 COORDINATION WITH ADJACENT PROPERTY OWNERS AND PROJECTS

2.12.1. The Contractor shall be required to work closely with contractors doing work for the property owners for all properties within the project limits. Please see the plans and

Special Notes included in the bid package for additional information.

2.12.2. Contractor shall leave a letter in the door of each resident or business whose sidewalk or driveway is scheduled for replacement the following week.

2.13 INSPECTION

2.13.1. Metro retains the right to perform testing of materials at each job site. For acceptable performance ranges, refer to the Kentucky Transportation Cabinet Standard

Specifications for Road and Bridge Construction, Current Edition. Materials not meeting required standards will be replaced at no additional cost.

2.13.2. NOTICE OF DEFECT TIME - The contractor and Metro shall give each other prompt notice of all defective work of which either party has actual knowledge. All defective work may be rejected, corrected, or accepted as provided in this Article.

2.13.3. UNCOVERING, INSPECTING, AND CORRECTING DEFECTIVE WORK

2.13.3.1 As per the Technical Specifications, the work shall not be covered until inspection has occurred for any work requiring Inspection.

2.13.3.2 If a portion of the work is covered contrary to the requirements of the Contract

Documents, the Contractor must, at the request of the Project Manager, immediately uncover the work for Metro’s inspection, and replace it after inspection, all at the Contractor’s expense.

2.13.3.3 The Contractor shall be responsible for all costs of correcting defective or rejected work, including the cost of additional testing and inspections and for Metro’s services and other expenses incurred because of the defective or rejected work.

2.13.3.4 The Contractor shall promptly correct work that is discovered to be defective or is rejected by Metro, whether discovered before or after Substantial Completion and whether or not fabricated, installed or completed.

2.13.4. STOP WORK

2.13.4.1 If the work is defective, or if the Contractor fails to supply a sufficient number of workers, sufficiently skilled workers, or suitable materials or equipment, or fails to perform the work in such a way that the completed work will conform to the

Contract Documents, Metro may order the Contractor to stop the work, or any portion thereof, until the cause for such order has been eliminated or remedied.

2.13.4.2 In the event Metro observes or becomes aware of the Contractor, its employee, its agent, or its subcontractor violating a safety requirement of this Contract or violating any applicable law, rule, or regulation, any Metro representative may give a verbal order to stop work until the safety violation has been cured. Such verbal order will be followed, within two (2) business days, by a written order from Metro to the Contractor confirming the reasons Metro stopped work.

2.13.4.3 The right of Metro to stop the work under Paragraphs D.1 and D.2 of this section shall not give rise to a duty on the part of Metro to exercise this right for the benefit of the Contractor or any other person or entity.

2.13.4.4 If Metro stops the work under Paragraph D.1 of this section, Contractor shall not be entitled to an extension of the Contract Time or an increase in the contract price.

2.14 PERMITS

2.14.1. Unless otherwise provided, the Contractor shall be responsible for obtaining all construction permits and licenses. The Engineer shall assist the Contractor, when necessary, in obtaining such permits and licenses.

2.15 SAFETY AND PROTECTION

2.15.1. Contractor shall be solely responsible for initiating, maintain, and supervising all safety precautions and programs in connection with the work. Contractor shall take the necessary precautions for the safety of, and shall provide the necessary protection to prevent damage, injury or loss:

2.15.1.1 All persons on the site or who may be affected by the work;

2.15.1.2 All the work and materials and equipment to be incorporated therein, whether in storage on or off the site; and;

2.15.1.3 Other property at the site or adjacent thereto, including trees, shrubs, lawns, walks, pavements, roadways, structures, utilities, and underground facilities not designated for removal, relocation, or replacement in the course of construction.

2.15.2. Contractor shall comply with all applicable Laws and Regulations relating to the safety of persons or property, or to the protection of persons or property from damage, injury, or loss; and shall erect and maintain all necessary safeguards for such safety and protection.

2.15.3. Contractor shall notify owners of adjacent property and of underground facilities and other utility owners when prosecution of the work may affect them, and shall cooperate with them in the protection, removal, relocation, and replacement of their property.

2.15.4. Contractor shall designate a qualified and experience Safety Representative at the site whose duties and responsibilities shall be the prevention of accidents and the maintaining and supervising of safety precautions and programs. This information is to be provided to Metro prior to the start of work.

2.16 SUBMITTALS

2.16.1. Submittals shall be in accordance with the Plans and Supplemental Specifications and

KYTC Standard Specifications for Road and Bridge Construction, Current Edition. Before starting the work, Contractor shall submit submittals and shop drawings for approval by the Engineer.

2.17 UTILITY COORDINATION

2.17.1. Prior to beginning work on the project, the Contractor shall notify all utility companies and the Fire and Police Departments of anticipated scheduling for work. It is the

Contractor’s responsibility to ensure that the utility companies raise any necessary valve covers, meter covers, etc. The contractor must call Kentucky 811 prior to any excavation.

2.17.2. The contractor shall provide written notification to all property owners where Work is scheduled to take place a minimum of twenty-four (24) hours prior to work starting.

2.17.3. There are no railroad facilities or property associated with this project. No work on or adjacent to a railroad shall be permitted.

2.17.4. Contractor shall notify and coordinate private utilities with adjacent property owners.

2.17.5. Preserve and protect existing utilities. Any utilities impacted by the work, including but not limited to storm drainpipe and electrical conduit, shall be preserved and protected or replaced by the Contractor.

2.17.6. See Attachment G for Utilities and Rail Certifications Note.

2.18 CLEANUP

2.18.1. Before final acceptance of the work, the Contractor shall clean all streets, alleys, walks, private property, rights of way and structures, leaving them in a neat, clean, useable condition to the satisfaction of Metro Public Works. At no time during construction shall the roads be allowed to become muddy or in any other way dangerous to the public.

The Contractor shall sweep the roads and walkways as required or at the direction of the Engineer to prevent an accumulation of dust and trash.

2.19 PROCEDURES IN CLOSING OUT A PROJECT

2.19.1. See KYTC Section 105.12 and Section 109.06.

2.19.2. Contractor shall notify the Engineer when the Project is nearing completion. If work items are complete to the Engineer’s satisfaction, the Engineer will call the project

Substantially Complete and issue a Project Completion Notice.

2.19.3. Engineer will schedule Final Inspection. A walk-through will be performed by the

Engineer, Inspectors, the Contractor, representatives from KYTC, and any other necessary parties to determine if there are any deficiencies to correct. These deficiencies will be reflected on a Punch List, the Contractor shall complete Punch List

Items to the Engineer’s satisfaction. When all uncomplete Work and required corrective

Work is complete, the Engineer will issue Formal Acceptance of the Project.

2.19.4. After Formal Acceptance of the Work, the Engineer will submit the Final Estimate to the

Contractor for review. The Final Estimate will include final quantities, any liquidated damages, and any other appropriate deductions as defined in the Contract. The

Contractor has sixty (60) days to submit a written letter of agreement or a written letter of disagreement to the Engineer. The Contractor’s acceptance of Final Payment constitutes as a release to Louisville Metro. Louisville Metro does not waive any rights to recover overpayment.

2.19.5. After the Project receives Formal Acceptance, a letter will be sent to the Contractor informing them of the date of acceptance, end of warranty date, and a list of any outstanding issues.

2.20 REMOVE AND RELOCATE STREET SIGNS

2.20.1. Regulatory signs that require relocation shall be removed and immediately relocated, either in a temporary location or the final relocated location, so that the regulatory sign continues to convey its intended meaning throughout construction operation.

2.20.2. Non-regulatory signs, when specifically permitted by the Engineer, may be removed, stored and reset at a time when the area is clear of construction operations to avoid inadvertent damage to the sign by the Contractor. Contractor shall be responsible for replacing signs damaged or lost while being stored.

2.20.3. Signs and posts shall be removed and reset in a manner that does not damage or warp the sign and post. Any signs or posts damaged by the Contractor during remove or resetting shall be repaired or replaced by the Contractor. Any sign or post so replaced shall conform to KYTC Specifications.

2.21 PRE-CONSTRUCTION CONFERENCE

2.21.1. The Contractor and his subcontractor(s) shall attend preconstruction conference with

Metro Public Works Representatives, Utility Representatives, and the Engineer. The conference will include discussions on matters relative to the proper coordination of the work and maintenance of schedules. Conflicts that may exist with other contractors, utilities, and other concerns will be addressed.

2.22 PRE-CONSTRUCION / POST-CONSTRUCTION PICTURES

2.22.1. The Contractor shall provide seven acceptable exposures per one hundred (100) feet of the Project. The pictures shall be taken prior to the start of construction work. One set of numbered 3 ½” x 5” color prints with negatives or a CD shall be provided. These shall be placed in a 3-ring plastic album covers and inserted in a 3-ring binder and shall be delivered to the Engineer prior to beginning construction. The index shall include:

corresponding picture number, contract number, street address where appropriate, name, recorded drawing number (if applicable), Contractor name, location by address, and date. Upon completion of punch list contractor shall provide post construction pictures in the same locations as the preconstruction pictures. These photos are to provide support documentation of the work completed.

2.22.2. At the Engineer’s discretion, a video submittal in lieu of a physical album may be acceptable.

2.23 GENERAL CONTRACT NOTES

2.23.1. JOINT VENTURE BIDDING

2.23.1.1 Joint venture bidding is permissible. All companies in the joint venture must be prequalified in one of the work types in the Qualifications for Bidders for the project. A joint bid bond of five percent (5%) may be submitted for both companies or each company may submit a separate bond of five percent (5%).

2.23.2. UNDERGROUND FACILITY DAMAGE PROTECTION

2.23.2.1 The contractor is advised that the Underground Facility Damage Protection Act of

1994, became law January 1, 1995. It is the contractor’s responsibility to determine the impact of the act regarding this project, and take all steps necessary to be in compliance with the provision of the act.

2.23.3. REGISTRATION WITH THE SECRETARY OF STATE BY A FOREIGN ENTITY

2.23.3.1 Pursuant to KRS 176.085(1)(b), an agency, department, office, or political subdivision of the Commonwealth of Kentucky shall not award a state contract to a person that is a foreign entity required by KRS 14A.9-010 to obtain a certificate of authority to transact business in the Commonwealth (“certificate”) from the Secretary of State under KRS 14A.9-030 unless the person produces the certificate within fourteen (14) days of the bid or proposal opening. If the foreign entity is not required to obtain a certificate as provided in KRS 14A.9-010, the foreign entity should identify the applicable exception. Foreign entity is defined within KRS 14A.1- 070.

2.23.3.2 For all foreign entities required to obtain a certificate of authority to transact business in the Commonwealth, if a copy of the certificate is not received by the contracting agency within the time frame identified above, the foreign entity’s solicitation response shall be deemed non-responsive or the awarded contract shall be cancelled.

2.23.3.3 Businesses can register with the Secretary of State at:

https://secure.kentucky.gov/sos/ftbr/welcome.aspx

2.23.4. HARDWOOD REMOVAL RESTRICTIONS

2.23.4.1 The US Department of Agriculture has imposed a quarantine in Kentucky and several surrounding states, to prevent the spread of an invasive insect, the emerald ash borer. Hardwood cut in conjunction with the project may not be removed from the state. Chipping or burning on site is the preferred method of disposal.

2.23.5. INSTRUCTIONS FOR EXCESS MATERIAL SITES AND BORROW SITES

2.23.5.1 Identification of excess material sites and borrow sites shall be the responsibility of the Contractor. The Contractor shall be responsible for compliance with all applicable state and federal laws and may wish to consult with the US Fish and Wildlife Service to seek protection under Section 10 of the Endangered Species Act for these activities.

2.23.6. ACCESS TO RECORDS

2.23.6.1 The contractor, as defined in KRS 45A.030 (9) agrees that the contracting agency, the Finance and Administration Cabinet, the Auditor of Public Accounts, and the Legislative Research Commission, or their duly authorized representatives, shall have access to any books, documents, papers, records, or other evidence, which are directly pertinent to this contract for the purpose of financial audit or program review. Records and other prequalification information confidentially disclosed as part of the bid process shall not be deemed as directly pertinent to the contract and shall be exempt from disclosure as provided in KRS 61.878(1)(c). The contractor also recognizes that any books, documents, papers, records, or other evidence, received during a financial audit or program review shall be subject to the Kentucky Open Records Act, KRS 61.870 to 61.884.

2.23.6.2 In the event of a dispute between the contractor and the contracting agency, Attorney General, or the Auditor of Public Accounts over documents that are eligible for production and review, the Finance and Administration Cabinet shall review the dispute and issue a determination, in accordance with Secretary's Order 11-004.

2.23.7. TRAFFIC CONTROL COORDINATOR

2.23.7.1 If determined to be applicable by Louisville/Jefferson County Metro or KYTC, the

Contractor is to designate a traffic control coordinator to be responsible for the Traffic Control Plan for the project.

2.23.8. BOYCOTT PROVISIONS

2.23.8.1 If applicable, the contractor represents that, pursuant to KRS 45A.607, they are not currently engaged in, and will not for the duration of the contract engage in, the boycott of a person or an entity based in or doing business with a jurisdiction with which Kentucky can enjoy open trade. Note: The term Boycott does not include actions taken for bona fide business or economic reasons, or actions specifically required by federal or state law.

2.23.8…