200 Mero Street Frankfort, Kentucky

40601

REQUEST FOR PROPOSAL #3

Kentucky’s Electric Vehicle Charging Program

Kentucky Transportation Cabinet RFP Issue Date: September 17, 2024

RFP Proposal Due Date: October 21, 2024 i

Request for Proposal

TABLE OF CONTENTS

1. Introduction

1.1. KYTC Goals

1.2. Program Background, Purpose, and Status

1.3. Designated Zones and Site Descriptions

1.4. Program Sponsor

1.5. Utility Information and Coordination

1.5.1. Utilities in Kentucky

1.5.2. Required Utility Interactions

1.5.3. Electric Rates Discussion

2. Overview and Schedule

2.1. Methodology

2.2. Selection Process Schedule

2.3. RFP Questions

2.4. Networking and Pre-bid Event

2.5. Award Basis

2.6. Proposal Deadline; Addenda

3. General Terms, Conditions, Requirements and EVSE Specifications

3.1. Project Agreement (“PA”) Terms and Conditions

3.2. Deliverables prior to Project Agreement (“PA”) Execution

3.3. Build America Buy America Act – Forms F.1 and F.2

3.4. Insurance

3.4.1. Workers’ Compensation Insurance

3.4.2. Commercial General Liability Insurance

3.4.3. Umbrella Liability

3.4.4. KYTC Rights

3.4.5. Insurance Certificate

3.5. Bonding

3.5.1. Construction Phase

3.5.2. Operations & Maintenance Phase (O&M Phase)

3.5.3. Letter of Credit

3.6. EVSE Specifications

3.6.1. NEVI Requirements

3.6.2. Supplements to NEVI requirements

3.7. DBE Requirements

3.8. Disadvantaged Communities Requirements

4. Compensation and Cost Eligibility

4.1. Payments (for Capital and Operational Cost Reimbursement)

4.2. Invoicing

4.2.1. Capital Milestones Invoicing

4.2.2. Operational Period Invoicing

ii

4.2.3. Liquidated Damages And Invoicing

4.3. Cost Eligibility

4.3.1. Eligible Expenses

4.4. Liquidated Damages

4.4.1. Liquidated Damages Related to EVSE Uptime

4.4.2. Liquidated Damages Related to NEVI Reporting Requirements

5. Proposal Instructions

5.1. Proposal Organization and Delivery

5.2. Administrative Proposal

5.3. Technical Proposal

5.4. Cost Proposal

6. Evaluation and Selection Process

6.1. Evaluation Process Overview

6.2. Pass/Fail Evaluation

6.2.1. Administrative Proposal Pass/Fail Criteria

6.2.2. Technical Proposal Pass/Fail Criteria

6.2.3. Cost Proposal Pass/Fail Criteria

6.3. Technical Proposal Evaluation

6.4. Cost Proposal Evaluation

6.5. Competitive Range/Best and Final Offer

6.6. Determination of Preferred Proposer

6.7. Notice of Award

6.8. Negotiations After Notice of Award

6.9. Protest

7. Definitions of Key Terms

8. Technical Proposal Evaluation Guidelines iii

Attachments Attachment 1. Designated Zone Map Attachment 2. Utility Information ...........................................................................................2-1 Attachment 3. RFP Question Form .......................................................................................3-1 Attachment 4. Project Agreement (“PA”) ...............................................................................4-1 Attachment 5. Signature Page ..............................................................................................5-1 Attachment 6. Proposal Form – Proposer Information ..........................................................6-1 Attachment 7. Transmittal Letter and Proposer Certifications and Federal Funds Forms ......7-1 Attachment 8. Proposal Form – Site and Project Information ................................................8-1 Attachment 9. EVSE Vendor Information and Specifications Compliance .............................9-1 Attachment 10. Cost Proposal Form ..................................................................................... 10-1 Attachment 11. MOVEit Transfer Instructions for KYTC Vendors .......................................... 11-1 Attachment 12. Proprietary Information ................................................................................. 12-1 Attachment 13. Form FHWA-1273 Required Contract Provisions – Federal-Aid

Construction Contracts ................................................................................. 13-1 Attachment 14. Proposal Responsiveness Check ................................................................. 14-1 Attachment 15. Questions and Answers from First RFP ....................................................... 15-1 Attachment 16. Applicable Wage Determinations ................................................................. 16-1 Attachment 17. Project Implementation Schedule Form........................................................ 17-2 iv

Tables Table 1: Designated Zones Descriptions Table 2: Selection Process Schedule Table 3: Minimum Battery Energy Storage Systems Capacity per Port per Designated Zone Table 4: Capex Milestones and Maximum Payments Table 5: Advanced withholding distribution schedule Table 6: Technical Proposal Points Table 7: Technical Proposal Additional Points Table 8: Cost Proposal Points Table 9: Total Available Points Table 10: Technical Proposal Evaluation Guideline Table 11: Technical Proposal Evaluation Guideline – Additional Points ...... Error! Bookmark not defined.

1. INTRODUCTION

The Kentucky Transportation Cabinet (KYTC), Division of Purchases, has issued this Request for Proposal (RFP) for the Commonwealth of Kentucky’s (Commonwealth) Electric Vehicle (EV) Charging Program. The purpose of this RFP is to solicit Proposals from qualified entities (Proposers) to design, build, operate, and maintain (DBOM) Direct Current Fast Charging (DCFC) Electric Vehicle Supply Equipment Stations (EVSE Stations) at locations (Sites) across the Commonwealth. More information can be found on the EV Charging Program website. Changes and updates to this RFP will be issued via addenda as detailed in Section 2.6.

This RFP outlines the process by which Proposers can submit Proposals for one or more EVSE Projects (Projects) at proposed sites (Candidate Sites). KYTC will evaluate Proposals based on established evaluation criteria, and award Contracts to select Proposers (Preferred Proposers) for select Sites. To receive National Electric Vehicle Infrastructure Formula Program (NEVI Formula Program) funds, Preferred Proposers must execute a Contract in the form of a Project Agreement (PA) with KYTC and agree to PA Terms and Conditions (see Section 3 and Attachment 4) in relation to a particular Project.

As per the PA Terms and Conditions, Preferred Proposers agree to serve as private-sector partners (Developers) for a Project located at a Site. Developers will be expected to carry out Site acquisition, design, purchase, construction, installation of hardware and software, operation and maintenance (O&M), and reporting services for a given Project. KYTC will not develop, own, operate, or maintain Projects. Except as expressly indicated in this RFP as to a specific potential site, Developers will not be able to utilize KYTC right-of-way (ROW) for any Project, nor will Developers be required to “handback” any Project or any portion thereof to KYTC at the end of the Contract term.

KYTC will accept and evaluate Proposals for individual Candidate Sites located in Designated Zones identified by KYTC (see Section 1.3). KYTC’s intent is to then award one or more Sites in each Designated Zone. While KYTC may elect to make no awards for Candidate Sites within a Designated Zone, it is anticipated that KYTC will award Contracts to multiple Proposers, and thus select multiple Developers to build-out the Commonwealth’s EV network. However, KYTC’s goal is to make awards according to the Selection Process Schedule provided in Section 2.2. KYTC may also issue additional RFPs to ensure that the Commonwealth’s EV network is built out in an optimal, cost-effective manner.

All Proposers must comply with terms, conditions, and requirements set forth by this RFP during this selection process.

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

► Project Agreement, PA, Contract.

► Proposer or Offeror.

► Developer, Contractor, Provider, or Vendor.

► Commonwealth Buyer, Buyer, Purchaser, or Contract Officer.

► RFP, Solicitation, or Procurement.

► Bid, Proposal, or Offer.

► Commonwealth of Kentucky, Commonwealth, or State, Agency, Kentucky Transportation Cabinet.

► Fiscal Year will be defined as the Commonwealth fiscal year: July 1 through June 30.

► Biennium will be defined as the Commonwealth biennium: July 1 of each even numbered year through June 30 of the next even numbered year.

► Requirements that include the words “Shall”, “Will”, “Must” indicate a mandatory requirement.

Full definitions of Key Terms can be found in Section 7.

https://kyevcharging.com/ https://kyevcharging.com/

1.1. KYTC GOALS

The Commonwealth’s EV infrastructure goals are to develop:

1. A corridor-based EV charging system that supports interstate and regional travel;

2. A local EV ecosystem that serves Kentucky’s communities and travelers;

3. A comprehensive system that supports transportation choices for all of Kentucky’s residents;

4. An interconnected, reliable, and resilient vehicle fueling system that can adapt to changes in market conditions and transportation technologies; and

5. A transportation system that reduces emissions and promotes clean air in Kentucky.

KYTC’s goals specific to this RFP are to:

1. Attract multiple Proposers with proven knowledge and experience in EV charging;

2. Encourage self-sufficiency during design, construction, and operation of the EV Network while ensuring federal compliance and performance;

3. Execute the EV network build-out per the objectives contained in the NEVI Formula Program

Guidance as updated on June 11, 2024, the NEVI Formula Program Questions and Answers as updated on March 6, 2024, and the National Electric Vehicle Infrastructure Standards and Requirements, Final Rule, Code of Federal Regulations Section 23, Part 680 (23 CFR 680) issued on February 15, 2023 (collectively, NEVI Requirements), and other requirements set forth by KYTC pursuant to the laws of the Commonwealth;

4. Achieve build-out along the Commonwealth’s Federally designated Alternative Fuel Corridors (AFCs), as detailed in the current (2023) Kentucky’s Electric Vehicle Infrastructure Deployment Plan (EV Plan); and

5. Select Projects, and Preferred Proposers, that are likely to remain viable beyond the five-year funding period offered by NEVI Formula Program.

1.2. PROGRAM BACKGROUND, PURPOSE, AND STATUS

The Infrastructure Investment and Jobs Act (IIJA), enacted November 15, 2021, established the NEVI Formula Program. The NEVI Formula Program provides $5 billion to states to strategically deploy 500,000 EV chargers by 2030, through an interconnected network to facilitate data collection, access, and reliability.

The Federal Highway Administration (FHWA) Fact Sheet for the NEVI Formula Program can be found here:

NEVI Fact Sheet.

The Joint Office of Energy and Transportation (Joint Office) was created through the IIJA to provide expertise and support on programs that seek to deploy a network of EV charging infrastructure. The Joint Office main website can be found here: Joint Office. More information about NEVI Requirements as issued by FHWA and/or the Joint Office can be found in Section 3.6.1.

The Commonwealth will receive $69.5 million in NEVI Formula Program funding between Fiscal Years 2022-2026. With the required 20% non-Federal match, which KYTC expects will be covered by private sector participation, the total funding available for the Commonwealth’s EV network build-out is approximately $87 million. Approximately $39.9 million of these funds are available through FY2024, of which $25.7 million have already been awarded through two RFPs to assist with the further expansion of EV charging infrastructure on the Commonwealth’s primary interstates and parkways, which are the Commonwealth’s Federally designated AFCs, as described in the EV Plan. The AFCs provide enhanced connectivity to, and within, the Commonwealth.

The EV Plan, which was approved by the Joint Office on September 14, 2022 and updated and approved in September 2023, envisions a phased approach to create a reliable, accessible, convenient, and affordable EV charging network that supports transportation choices, energy diversification, economic development, and https://www.fhwa.dot.gov/environment/alternative_fuel_corridors/nominations/90d_nevi_formula_program_guidance.pdf https://www.fhwa.dot.gov/environment/alternative_fuel_corridors/nominations/90d_nevi_formula_program_guidance.pdf https://www.fhwa.dot.gov/environment/nevi/resources/nevi_program_faqs.cfm https://kyevcharging.com/ev-plan https://www.fhwa.dot.gov/bipartisan-infrastructure-law/nevi_formula_program.cfm https://driveelectric.gov/ https://kyevcharging.com/application/files/4916/9660/7455/2023KY_EV_StatewideNEVIPlan.pdf environmental sustainability for all Kentuckians. The 2024 EV Plan update was submitted and is expected to be approved by October 2024. The EV Plan was developed by KYTC in close coordination with Kentucky’s Energy and Environment Cabinet (EEC) and the Cabinet for Economic Development (CED).

Both KYTC’s EV Plan and this RFP have benefited from continuous stakeholder engagement. KYTC has been holding regular stakeholder meetings and presentations since February 2022. In addition, this RFP has been informed by Request for Information (RFI) responses, comments received by KYTC on a Draft RFP issued in early 2023, Proposals received in response to an RFP issued June 15, 2023 (as amended, the June 2023 RFP), a second RFP issued February 19, 2024 (as amended, the February 2024 RFP), and subsequent discussions with Preferred Proposers from the June 2023 RFP and February 2024 RFP. KYTC responses to questions submitted by interested proposers in response to the June 2023 and February 2024 RFPs can be found in Attachment 15. The questions and answers provided in Attachment 15 are for informational purposes only and are subject to the terms and conditions of this RFP.

The June 2023 RFP solicited Proposals to design, build, operate, and maintain EVSE Stations within certain “Corridor-Groups” identified by KYTC. $15.4 million in funding was awarded to seven Developers to install EVSE Stations at 24 Sites across the Commonwealth, as shown in Figure 1.

The February 2024 RFP solicitated Proposals for EVSE Stations within certain “Designated Zones” identified by KYTC to fill in gaps left from the June 2023 RFP to achieve the federally required build-out of the AFCs. $10.3 million in funding was awarded to seven Developers to install EVSE Stations at 15 Sites across the Commonwealth, as shown in Figure 1.

This RFP is focused on filling in the remaining sites needed to achieve full build-out of the AFCs, as show in Figure 1. Once EVSE Stations have been installed per NEVI Requirements along the AFCs and certified by FHWA as “built-out”, the Commonwealth can proceed to install chargers on other high-priority EV corridors as well as in communities around the Commonwealth as outlined in the EV Plan.

1.3. DESIGNATED ZONES AND SITE DESCRIPTIONS

KYTC intends to build-out the AFC network in the Commonwealth in the most efficient manner possible. To accomplish this objective, KYTC has identified specific interchanges or segments within Designated Zones where Candidate Sites may be located. As described in Section 2, Proposers are asked to submit Proposals for up to one Candidate Site per exit within a Designated Zone.

Below is a high-level map (Figure 2) of the Designated Zones along with a table providing details for each Designated Zone. A detailed map of the Designated Zones is also provided in Attachment 1. The GIS layer (or a kmz file) for the Designated Zones is available upon request.

Table 1 lists the AFCs, Designated Zones, and the interchanges with corresponding exit numbers that comprise the individual Designated Zones. Candidate Sites must be located at one of the identified locations. The EVSE Station on the Candidate Site shall be located within a maximum driving distance of one mile from the AFC. The measurement of the distance shall begin from the end of the nearest interstate off-ramp to the charging station and conclude at the entrance of the charging station. One site, mile marker

33.8 in the HRP Designated Zone, requires measurement directions that differ from those previously stated.

At the intersection of Kentucky 66 and the Hal Rogers Parkway, the measurement of distance shall start at the beginning of the turn radius and conclude at the entrance of the charging station. Any EVSE Station located more than one driving mile from an AFC will not be eligible for award for this RFP, with the exception of EVSE stations located in the HRP Designated Zone at Exit 20. Any EVSE Station within the HRP Designated Zone at Exit 20 located more than two driving miles from an AFC will not be eligible for award for this RFP.

Figure 1: Kentucky’s Awarded Sites for Federally Funded EV Fast Charging Stations

Figure 2: Designated Zones

Table 1: Designated Zones Descriptions

Designated Zone

Eligible Interchanges (Exit No. or Segments)

Electric Utilities with service areas covering or near the Eligible Interchanges

I-75 (1) Exits 144, 154, 156 & 159 Duke Energy, Owen Electric Cooperative, Inc, Williamstown Utility Commission, Kentucky Utilities

I-75 (2) Exits 126, 127, 129 & 136 (a) Blue Grass Energy Cooperative Corp, Kentucky Utilities, Owen Electric Cooperative, Inc.

I-75 (3) Exits 113 & 115 Kentucky Utilities I-75 (4) Exits 11, 15 & 25 (b) Kentucky Utilities, Cumberland Valley

Electric, Inc.

I-24 (1) Exits 3, 4, 7, 11, 16 & 25 (c) (d) Jackson Purchase Energy Corporation, West Kentucky RECC I-24 (2) Exits 73, 86 & 89 Pennyrile RECC

I-65 Exits 20 & 22 (e) Bowling Green Municipal, Warren

RECC

I-165 Exits 26, 27, 33, 47, and Beaver Dam Service Area (f)

Bowling Green Municipal, Kentucky Utilities, Warren RECC

I-265 Exits 15, 17, 19, 23, 27, 29, 30, 32 & 34

Louisville Gas and Electric Company

I-275 Exits 2, 4, 80, 82, 83 Duke Energy BGP Exits 21, 25, 34, 42 Salt River Electric Cooperative HRP Exit 20 and connection to KY 66 at mile 33.8 (g) Kentucky Utilities, Jackson Energy Cooperative

(a) Designated Zone within 50 miles of NEVI station awarded in Richwood, Kentucky and within 50 miles of the NEVI program station operating in Richmond, Kentucky.

(b) Exit 11 is approximately 50 miles from the station awarded in Tennessee on the I-75 corridor. Exits 15 and 25 are within 25 miles of the state border. Exit 11 is eligible for Special Designated Zone points referenced in Section 8 (Table 11) due to its ability to build out the AFC system more effectively than other sites within I-75 (4).

(c) Exit 7 includes access to two highways (US 45 and US 62) and a one-way, limited-access road network to connect all points in the interchange.

(d) Exit 25 is the interchange between I-24 and I-69. Distance to prospective Candidate Sites will be measured from this interchange. Some locations on US 62 to the north are within the required one mile of this interchange.

(e) Exit 20 is the interchange between I-65 and I-165. Distance to prospective Candidate Sites will be measured from this interchange. Some locations on KY 622 to the east are within the required one mile of this interchange. Due to its ability to more efficiently build out the AFC system compared to the other I-65 designated zone exit, Exit 20 is eligible for Special Designated Zone points as referenced in Section 8 (Table 11).

(f) The Beaver Dam Service Area on the Western Kentucky Parkway (WKP) is within one mile of the Exit 41B interchange on the I- 165 AFC and is therefore an eligible location on KYTC right-of-way. The Beaver Dam Service Area serves both the I-165 and WKP AFCs and, as a result, is eligible for Special Designated Zone points referenced in Section 8 (Table 11) due to its ability to more effectively build out the AFC system compared to other exits within the I-165 Designated Zone.

(g) As noted in Section 1.3, any Candidate Site proposed for HRP Exit 20 must be within two miles of the HRP AFC. Candidate Sites for HRP Exit 20 will be subject to different scoring criteria in the Technical Proposal Evaluation Guideline for the Distance to AFC scoring category (see Table 10).

(h) Any Candidate Site proposed for mile post 33.8 must be within one mile of the HRP AFC according to the following specific measurement. The measurement distance must start at the beginning of the turn radius at the intersection of the Hal Rogers Parkway and Kentucky 66 and conclude at the entrance of the charging station.

1.4. PROGRAM SPONSOR

KYTC’s Division of Purchases is the only office authorized to change, modify, amend, alter, or clarify the specifications, terms, and conditions of this RFP. Proposals for this RFP are subject to competitive negotiations pursuant to 200 KAR 5:307 and subject to 23 CFR 636. Any Contract award from this RFP is invalid until properly approved and executed by the Division of Purchases. All communications for this RFP should be directed to the Commonwealth Buyer, Laura Hagan, at Laura.Hagan@ky.gov. Contact information for the Commonwealth Buyer is:

Commonwealth Buyer:

Laura Hagan, NIGP-CPP, CPPO, CPPB

COMMONWEALTH OF KENTUCKY

Kentucky Transportation Cabinet Division of Purchases 200 Mero Street

FRANKFORT KY 40601

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

The Commonwealth Buyer shall be the sole point of contact throughout the procurement process. All communications, oral and written (regular, express, or electronic mail), concerning this procurement shall be addressed to the Commonwealth Buyer.

For violation of this provision, the Commonwealth shall reserve the right to disqualify a Proposer’s Proposal.

1.5. UTILITY INFORMATION AND COORDINATION

1.5.1. UTILITIES IN KENTUCKY

The Commonwealth is served by fifty-nine (59) different electric utilities which operate in different parts of the Commonwealth. This includes five (5) investor-owned utilities (IOUs), twenty-four (24) rural electric cooperatives, and thirty (30) municipal utilities. Each potential Site along designated AFCs that could host an EVSE Station is served by one of the types of utilities outlined above.

Link to Static Utilities Map: https://psc.ky.gov/agencies/psc/images/electric_service_areas_wall_map.pdf

Links to Interactive Maps:

Kentucky Electric Service Areas (KY DGI) Kentucky Electric Service Areas (BRADD)

To comply with NEVI Requirements, EVSE Stations are expected to have a new connected electrical load of at least 600 kilowatts (kW), which will require a new utility interconnection and/or battery energy storage system (BESS) in most, if not all, cases. Over the last year, KYTC has met with many of these utilities from across the Commonwealth to discuss the NEVI Formula Program. These utilities have indicated strong support for the Commonwealth’s implementation of the EV Plan and indicated that they would generally be willing to provide the necessary interconnections in most locations if given sufficient lead time. Most interchanges along Kentucky’s AFCs already have three-phase power available, but existing transformers may not have sufficient capacity to serve the EVSE loads. As such, it is expected that some Candidate Sites will require upgrades to the utility’s distribution system to be able to deliver the necessary power – for example a new or additional transformer and associated equipment. Site Hosts or EVSE Station owners will be required to pay the cost of these upgrades, if necessary, which could vary significantly by location.

mailto:Laura.Hagan@ky.gov https://psc.ky.gov/agencies/psc/images/electric_service_areas_wall_map.pdf https://nam12.safelinks.protection.outlook.com/?url=https%3A%2F%2Fwww.arcgis.com%2Fhome%2Fwebmap%2Fviewer.html%3Fwebmap%3D111b3574f58e46639b8a97c6af565f37&data=05%7C01%7CRobert.Frazier%40hdrinc.com%7Cacb20fe938cf4083d4a908dad172e27e%7C3667e201cbdc48b39b425d2d3f16e2a9%7C0%7C0%7C638052588600665359%7CUnknown%7CTWFpbGZsb3d8eyJWIjoiMC4wLjAwMDAiLCJQIjoiV2luMzIiLCJBTiI6Ik1haWwiLCJXVCI6Mn0%3D%7C3000%7C%7C%7C&sdata=%2FSufef6B8ex4QHuIqNHbgTj45whSt8FbaIlDFOMTPmc%3D&reserved=0 https://hub.arcgis.com/datasets/BRADD-KY::kentucky-electric-service-areas/explore?location=37.749007%2C-85.136700%2C7.84

As noted in Section 1.5, these utility upgrade costs should be included in the Cost Proposal for Candidate Sites. Also, as noted in Section 4.3.1, these costs are eligible project expenses for NEVI Formula Program funding. Therefore, requested reimbursement of a portion of these costs for a particular Candidate Site should also be included in the Cost Proposal for that Candidate Site.

In addition to understanding utility upgrade costs, early coordination with utilities is also essential due to long lead times for utility equipment. For example, at the time of release of this RFP lead times for new transformers can be as long as twelve (12) to eighteen (18) months, potentially putting the utility interconnection on the critical path for EVSE Station completion at many Candidate Sites.

As noted below, all Proposers should coordinate with the local utility to determine the cost and schedule for utility interconnection at their proposed Candidate Sites, prior to submitting a Proposal in response to this RFP. Proposals with more detailed information and greater certainty about expected utility interconnection costs and schedule for the proposed EVSE Station – as verified by the utility – will be taken into consideration in the Proposal evaluation process (see Section 8).

1.5.2. REQUIRED UTILITY INTERACTIONS

All Proposers are required to identify and contact the electric utility which serves their proposed Candidate Site(s) as soon as possible to ensure that the required interconnection information can be included in their Proposal(s) and that accurate cost estimates are included in the Cost Proposal. See Attachment 2 for:

► Utility Identification Information ► Utility Contact Table ► Utility Interconnection Request Form

The Utility Identification Information sheet in Attachment 2 provides information that can be used to determine which utility serves a specific Candidate Site anywhere in the Commonwealth. To determine which utility serves a specific address, proposers can use one of two interactive web-based Geographic Information System (GIS) tools: Kentucky Electric Service Areas (KY DGI) or Kentucky Electric Service Areas (BRADD). Both web browsers offer address search functions, allowing the user to type in the address (number, street, city, zip code) in a search box on the upper right of the screen (“Find address or place”).

The map view will then zoom to that location. For the KY DGI map the electric utility serving that site can be determined based on the map color at the location, using the legend along the left-hand axis of the map or by clicking on the map and clicking the at the top of the dialogue box to move to the second data record, which lists the electric utility serving the point clicked. The user can hover the curser over the site on the BRADD map and it will identify the electric utility service provider. Additional information and instructions are provided in the Utility Identification Information sheet in Attachment 2.

The Utility Contact Table (Table 2-1) in Attachment 13 lists the name and email address of a representative from each electric utility in the Commonwealth who has been designated to receive initial utility interconnection requests from Site Hosts or Proposers in relation to Candidate Sites. After identifying the utility that serves each Candidate Site, Proposers should use this list to identify the correct contact for submitting an interconnection request.

The EVSE Interconnection Request Form (Table 2-2) in Attachment 2 includes fields for the minimum information that utilities will require for each Candidate Site to assess interconnection requirements and schedule. Proposers are required fill out and submit this form to the listed contact at the electric utility which serves the Candidate Site. All Proposers shall attach a copy of Attachment 2, Table 2-2 that has been completed and submitted to the appropriate electric utility to their Administrative Proposal.

https://nam12.safelinks.protection.outlook.com/?url=https%3A%2F%2Fwww.arcgis.com%2Fhome%2Fwebmap%2Fviewer.html%3Fwebmap%3D111b3574f58e46639b8a97c6af565f37&data=05%7C01%7CRobert.Frazier%40hdrinc.com%7Cacb20fe938cf4083d4a908dad172e27e%7C3667e201cbdc48b39b425d2d3f16e2a9%7C0%7C0%7C638052588600665359%7CUnknown%7CTWFpbGZsb3d8eyJWIjoiMC4wLjAwMDAiLCJQIjoiV2luMzIiLCJBTiI6Ik1haWwiLCJXVCI6Mn0%3D%7C3000%7C%7C%7C&sdata=%2FSufef6B8ex4QHuIqNHbgTj45whSt8FbaIlDFOMTPmc%3D&reserved=0 https://hub.arcgis.com/datasets/BRADD-KY::kentucky-electric-service-areas/explore?location=37.749007%2C-85.136700%2C7.84 https://hub.arcgis.com/datasets/BRADD-KY::kentucky-electric-service-areas/explore?location=37.749007%2C-85.136700%2C7.84

Note that utilities require a separate form for each Candidate Site; requests for multiple Candidate Sites cannot be combined on a single form. Some utilities may require Proposers to submit additional information, or to fill out additional forms, but use of the Utility Interconnection Request Form – with all requested data elements completed – will allow all utilities to start the process.

Some utilities may request to meet with a representative of the Proposer, Site Host and/or their electrical contractor at the Candidate Site to confirm Project details. All utilities will need to conduct engineering reviews and preliminary design activities. The expected time frame for utilities to complete these activities and to provide information to the requestor on utility interconnection cost and schedule is estimated to range from one (1) to four (4) weeks. However, the actual timeline depends on the utility and location, as well as the volume of requests a particular utility might receive. All Proposers are encouraged to submit complete interconnection requests to the appropriate utility(ies) as soon as possible.

1.5.3. ELECTRIC RATES DISCUSSION

EVSE Stations in Kentucky will generally be subject to General Service Commercial Electricity tariffs which include both energy charges ($/kWh used) and monthly demand charges ($/kW monthly peak demand).

Proposers are encouraged to confirm with the serving utility the details of the specific tariff that will apply to each Candidate Site, to understand how monthly energy and demand charges will affect overall EVSE Station operating and maintenance costs. As noted in Section 4.3.1, energy charges and demand charges are eligible project expenses for NEVI Formula Program funding and a portion of these expenses can be reimbursed.

Rural electric cooperatives and municipal utilities that purchase power from the Tennessee Valley Authority (TVA) have the option to adopt a TVA Wholesale EV rate, which would allow them to develop and offer to developers of public EVSE a corresponding retail EV electric rate. Four utilities have already adopted this TVA Wholesale EV rate, including the Warren Rural Electric Cooperative Corporation, and the municipal utilities in Murray, Franklin, and Bowling Green. The TVA wholesale EV rate has energy charges only ($/kWh delivered) and no demand charges. While the wholesale – and corresponding retail – energy charges are higher than under typical Kentucky General Service Commercial tariffs the removal of demand charges could make these rates attractive for Proposers who intend to submit Proposals for Candidate Sites in rural areas.

Proposers are encouraged to inquire about the availability of such rates from the municipal utilities and rural cooperatives that serve their proposed Candidate Sites. For Sites served by utilities that do not purchase power from the TVA, EVSE specific rates without demand charges are currently not available. In 2022 the Kentucky Public Service Commission began an investigation to determine whether such rates should be made available in the future to promote greater electrification of the transportation sector (Case no. 2022-00369).

While the docket remains open to further develop the record, in November 2023 KPSC decided not to move forward with establishing EV-specific rates at this time.

2. OVERVIEW AND SCHEDULE

2.1. METHODOLOGY

As described in Section 1.3, KYTC has identified Designated Zones along Kentucky’s AFCs, as shown in Attachment 1 and Table 1, where EVSE Stations may be installed, or existing EVSE stations can be upgraded, to achieve build-out in accordance with NEVI Requirements. Proposers shall propose at least one Candidate Site located within one Designated Zone. Proposers may propose multiple Candidate Sites within a Designated Zone provided the Candidate Sites are located at different exits. Proposers may not propose more than one Candidate Site per exit. However, Proposers are not obligated to propose Candidate Sites in more than one Designated Zone.

Proposers must submit a separate Proposal for each Candidate Site, regardless of location. Proposers shall prepare Proposals in accordance with Section 5.

KYTC intends to award one Candidate Site in each Designated Zone. KYTC will evaluate Candidate Sites in each Designated Zone on its own merits and award Candidate Sites that offer best value to KYTC while meeting the requirements of this RFP, the EV Plan, and existing and future NEVI Requirements (See Section 3 for more details as to these requirements). This is a best-value procurement pursuant to 23 CFR

636. As such, KYTC will evaluate and award Candidate Sites in accordance with the process described in Section 5. This process may result in KYTC awarding more than one Candidate Sites to the same Proposer.

2.2. SELECTION PROCESS SCHEDULE

The Selection Process Schedule is provided in Table 2. Note that these dates are subject to change.

Table 2: Selection Process Schedule

Activity Date RFP #3 Release September 17, 2024 Networking and Pre-bid Event 2:00 pm EDT on October 4, 2024 Questions Due October 4, 2024 Proposals Due 5:00 pm EDT on October 21, 2024 Notice of Award December 13, 2024 Kick-Off Meeting January 8, 2025 Begin PA Executions and Notices to Proceed On or before February 6, 2025

2.3. RFP QUESTIONS

Proposers will have the opportunity to submit one round of questions and inquiries regarding this RFP on or before the date specified in Table 2. KYTC will post those questions and answers to the Kentucky Vendor Self Service website as an Addendum. KYTC may revise the RFP in the form of an Addendum in response to questions, in KYTC’s sole direction.

Submitting questions is not a requirement for the RFP, nor will questions be considered as part of a Proposal submission and evaluation. KYTC strongly encourages Proposers to submit questions or inquiries as to any issues of concern related to this RFP during the question period, such as applicable Proposal, insurance, or PA requirements.

https://vss.ky.gov/

2.4. NETWORKING AND PRE-BID EVENT

On the date set forth in Table 2, KYTC will facilitate an event focused on networking opportunities for potential teaming partners in the procurement and implementation of the Kentucky EV Charging Program and through which KYTC will outline the main RFP requirements. This networking and pre-bid event will be conducted virtually. Participation in this networking and pre-bid event is not a requirement for the RFP, nor will Proposals be evaluated, or Contracts awarded, based on this networking and pre-bid event. KYTC may hold future networking related events upon the release of this RFP.

2.5. AWARD BASIS

Proposals will be evaluated and awarded according to a two-part evaluation process to determine the best-value Proposal: (1) Pass/fail Responsiveness, and (2) Scoring based on various specific criteria. More details about evaluation criteria and scoring can be found in Section 6. As stated above, Proposals will be evaluated against others in the same Designated Zone; KYTC intends to award one or more Sites per Designated Zone, but KYTC is not required to award sites in all Designated Zones.

2.6. PROPOSAL DEADLINE; ADDENDA

The Commonwealth has made every effort to provide each Proposer with full and complete information on which to base a Proposal. Only information presented or referred to in this RFP and any additional written information that is supplied by the Commonwealth Buyer shall be used by Proposers in preparing the Proposal.

Any significant changes to the RFP or the Selection Process Schedule will be posted as an Addendum and an email announcement will be sent out to Proposers. The solicitation, addenda, and attachments shall be posted to the Kentucky Vendor Self Service website. Proposers are not required to register on the website to access the solicitation. Unregistered Proposers can access solicitations and related documents by clicking “View Published Solicitations.” In the Keyword Search enter 2500000072 and click “Search.”

Click the hyperlinked RFP-605-2500000072 to view the solicitation. Click on the “Attachments” Tab to download all associated documents. In the event of any conflict or variation between the solicitation or modification as issued by the Commonwealth and the Proposer’s response, the version as issued shall prevail. Proposers must acknowledge they have reviewed all issued changes as part of the certifications in Attachment 7 (Form A).

Proposals will be due according to the Selection Process Schedule as specified in Table 2. Proposals may be submitted before the Proposal Due Date by 5:00 pm Eastern Daylight Time/4:00 pm Central Daylight Time. Proposers may submit revisions and updates to their Proposal before and up to the Proposal Due Date in the form of a new complete Proposal package. Proposals and revisions must be submitted in accordance with submission guidelines.

KYTC does not anticipate considering any Proposals submitted after the Proposal Due Date. Prior to the Proposal Due Date, a submitted Proposal may be withdrawn by electronic or written notice by submitting a signed written request for its withdrawal to the Commonwealth Buyer.

Proposals shall be valid for a period of 180 days after the Proposal Due Date. No Proposer may withdraw its Proposal within the 180-day period, unless notified by KYTC that (a) no PA for the relevant Designated Zone will be executed by KYTC pursuant to the RFP; or (b) KYTC does not intend to enter into a PA with the Proposer. Any Proposer may elect, in its sole discretion, to extend the validity of its Proposal beyond the time periods set forth above. If the Preferred Proposer is not able to complete the tasks within the timeframe established in Table 2, KYTC may select the next best Candidate Site for the Designated Zone.

3. GENERAL TERMS, CONDITIONS, REQUIREMENTS AND

EVSE SPECIFICATIONS

3.1. PROJECT AGREEMENT (“PA”) TERMS AND CONDITIONS

The PA is identified as Attachment 4. Note that as per Attachment 4, Section 7, the effective date of the PA shall be the date executed by the Secretary, and the termination date shall be five (5) years following Final Completion.

Exhibit B to the PA (Scope of Work) outlines the deliverables Developers must provide as required by the PA for their respective Projects and the actions KYTC will take related to compliance as stated in the PA.

Deliverables are organized by tasks, from Task 0 (Execution of Project Agreement) to Task 6 Project Close- Out). Additional details can be found in Exhibit B to Attachment 4.

Any expenses incurred prior to an executed PA are not reimbursable.

3.2. DELIVERABLES PRIOR TO PROJECT AGREEMENT (“PA”) EXECUTION

Prior to full execution of the PA by and between KYTC and the Preferred Proposer, the Preferred Proposer shall complete and submit to KYTC, for KYTC’s review and approval, the items identified below and as set forth in more detail in the Scope of Work (see Task 0 of Exhibit B to Attachment 4). These items must be submitted to KYTC within 80 days after the date of the Notice of Award, as set forth in Table 2, failing which, KYTC reserves the right to reject the Candidate Site and select the next best Candidate Site in a Designated Zone:

1. Draft Site Host Agreement

2. Draft Payment and Performance Bonds

3. Project Confirmation

4. Project Schedule

5. Utility Information

6. Proof of Insurance

7. EVSE Vendor Information and Specifications

8. Buy America (BA)/Build America, Buy America (BABA) Certification.

9. Environmental Clearance (NEPA)

Further detailed responsibilities and requirements related to the deliverables prior to and after execution of the PA are outlined in Attachment 4, including its exhibits. Preferred Proposers are reminded, again, that any costs incurred prior to the full execution of the Project Agreement, identified as Attachment 4 to this RFP, are not eligible for reimbursement.

3.3. BUILD AMERICA BUY AMERICA ACT – FORMS F.1 AND F.2

Preferred Proposers are encouraged to thoroughly review and submit Form F.1 attached to this RFP, entitled, “PROPOSER Buy America/EVSE Certification”. Form F.1 demonstrates to KYTC that the Preferred Proposer has fully complied with the legal requirements of the Build America, Buy America Act (“BABA”), enacted within the Infrastructure Investment and Jobs Act, Pub. L. NO. 117-58, §§ 70901-52. Form F.1 must be submitted to KYTC, fully signed and dated, failing which the Preferred Proposer’s proposal may be deemed non-responsive to this RFP.

In addition to Form F.1, Preferred Proposers are encouraged to review and cause their EVSE suppliers to submit to KYTC Form F.2 attached to this RFP, entitled, “EVSE SUPPLIER BUY AMERICA/EVSE GUIDELINES CERTIFICATIONS”. Form F.2 demonstrates to KYTC that the Preferred Proposers’ EVSE suppliers have fully complied with BABA. The placement of Made-in-America stickers on EVSE or related hardware, in lieu of Form F.2, is insufficient for compliance with BABA and this Section 3.3. Form F.2 must be submitted to KYTC, fully signed and dated, failing which the Preferred Proposer’s proposal may be deemed non-responsive to this RFP.

BABA compliance is mutually exclusive of any other laws that may implicate BABA requirements, such as the American Recovery and Reinvestment Act of 2009.

The FHWA has a standing waiver under 23 U.S.C. 313(b), known as the Manufactured Products General Waiver, which has been in effect since 1983 and covers manufactured products that are not predominantly steel and iron and are funded under title 23, U.S.C.[4] See 48 FR 53099 (Nov. 25, 1983). A partial list of manufactured products waived from BABA requirements can be found below.

The aforementioned waiver does not apply to EVSE. A separate waiver applies to EVSE chargers. For more information, please click on the link provided here:

https://www.fhwa.dot.gov/construction/contracts/buyam_qaev/.

Products likely made “primarily” of iron and steel to be classified as Manufactured Products under BABA include:

• Controls and Switches

• Electrical Cabinetry and Housings (such as electrical boxes/enclosures)

• Electrical Conduit

• Electrical Junction Boxes

• Generators

• Instrumentation

• Meters (including flow, wholesale, water, and service connection)

• Sensors

• Voltage Transformer

The USDOT Waiver of Buy America Requirements for De Minimis Costs and Small Grants applies to projects funded under this RFP if the total amount of Federal financial assistance applied to the project is less than $500,000. If the project falls under the waiver – that is to say, the total amount of Federal financial assistance applied to the project is below $500,000 – then, the waiver applies but only to transformers, iron, steel, manufactured products, and construction materials actually used in the project.

The aforementioned waiver does not apply to EVSE. A separate waiver applies to EVSE chargers. For more information, please click on the link provided here:

https://www.fhwa.dot.gov/construction/contracts/buyam_qaev/.

https://www.fhwa.dot.gov/construction/contracts/buyam_qaev/ https://www.fhwa.dot.gov/construction/contracts/buyam_qa_deminimis.cfm https://www.fhwa.dot.gov/construction/contracts/buyam_qaev/

3.4. INSURANCE

Preferred Proposer/Developer shall procure insurance at the minimum levels referenced in the applicable sections below in this Section 3.4 within the timelines outlined in the Scope of Work (Exhibit B to Attachment 4). This insurance shall be provided by a reputable insurance provider on a standard Acord form (Certificate of Liability Insurance) and maintained during the term of the PA, unless otherwise specified. It is the responsibility of Developer to provide evidence of its insurance policies and defined limits prior to the PA execution.

3.4.1. WORKERS’ COMPENSATION INSURANCE

For each Site, Developer shall provide and maintain workers’ compensation insurance in compliance with the workers’ compensation laws of the Commonwealth, and any other applicable workers’ compensation or disability laws. Developer shall provide and maintain worker’s compensation insurance in an amount not less than $1,000,000.

3.4.2. COMMERCIAL GENERAL LIABILITY INSURANCE

For each Site, Developer shall provide and maintain commercial general liability insurance in an amount not less than $1,000,000 per occurrence, $2,000,000 general aggregate. Such policies shall be written on an occurrence form and include all coverage necessary or advisable for the business of Developer, including, without limitation, contractual liability. The commercial general liability insurance coverage shall be in effect for the duration of the Operational Period.

3.4.3. UMBRELLA LIABILITY

For each Site, umbrella coverage in excess of the underlying liability policies in an amount not less than $1,000,000 per occurrence / $1,000,000 aggregate. The policy shall provide such supplemental coverage to all other policies (and extensions thereof) of Developer. The umbrella coverage shall be in effect for the duration of the Operational Period.

3.4.4. KYTC RIGHTS

Should any of the above-described insurance policies be cancelled, non-renewed, or be reduced in coverage or limits before the expiration date, Developer shall provide KYTC advance notice of a policy cancellation on the project promptly after Developer becomes aware of any such event. Prior to PA execution, Developer shall request that all policies include a provision that KYTC be notified of any policy cancellation. If such provision is not able to be achieved, Developer shall notify KYTC in advance of PA execution.

3.4.5. INSURANCE CERTIFICATE

Within 60 days of the Notice of Award but in any event at least ten days prior to execution of the Project Agreement, Preferred Proposer shall furnish an ACORD Certificate with respect to the coverage required in this Section 3.4 with the following:

► The certificate holder listed as:

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

► The Endorsement indicating the Commonwealth and its agents as an Additional Insured for the PA resulting from this solicitation, though any extraneous language seeking to limit KYTC’s rights in any way as an Additional Insured will not be accepted; and

► The Contract number in the Description of Operations box.

Failure to furnish said certificates or to indicate the Contract number shall be grounds for cancellation of the PA. Preferred Proposer(s) shall provide an up-to-date copy of the certificate upon renewal of the policy.

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

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

The insurance coverage shall be in compliance with the laws of the Commonwealth and shall be placed with a licensed resident or non-resident agent who represents insurance companies authorized to do business in Kentucky. A list of authorized companies can be found at http://insurance.ky.gov/company.

Failure to meet this requirement may result in the bid being deemed “Non-Responsive.”

The insurer shall have an AM Best rating of B+ or higher. Visit https://web.ambest.com/home for verification.

Failure to meet this requirement may result in the Preferred Proposal being deemed Non-Responsive.

3.5. BONDING

3.5.1. CONSTRUCTION PHASE

Preferred Proposers are encouraged to carefully review this Section 3.5 in its entirety, as well as the Contract Bond form identified as Exhibit “D” to the Project Agreement (see: Exhibit D to Attachment 4).

If selected by KYTC, Preferred Proposer shall obtain a payment and performance bond, acceptable in the Contract Bond form referenced above, to be submitted to KYTC for each Site (as applicable), and in accordance with the timelines outlined in the Scope of Work (see: Exhibit B to Attachment 4).

On the Contract Bond form, four items must be clearly identified and legible:

1. The total penal sum of the bond;

2. Principal name and address;

3. Surety name and address; and

4. The project corridor and exit number for the Site.

For initial submission to KYTC, while the Contract Bond form remains as a draft, only the above items 1 through 4 are required. The Contract Bond form need not be fully signed and dated until the timeline in the Scope of Work indicates.

The payment and performance bond shall remain in effect until Final Completion as acknowledged by KYTC. The amount of the payment and performance bonds shall be 100% of the aggregate cost of all EVSE and construction for a Project.

3.5.2. OPERATIONS & MAINTENANCE (OPERATIONAL PERIOD)

The Operational Period requires that a separate performance bond be submitted for KYTC’s review and approval distinct from the Construction Phase. If selected by KYTC, and following the execution of the Project Agreement, a separate form will be circulated among Preferred Proposers for this purpose.

On or before the date that is 10 days prior to the scheduled Final Completion, Developer shall obtain and maintain for the life of the PA a performance bond for the Operational Period in form and substance acceptable to KYTC.