ATTACHMENT A KY EV Charging Program RFP Addendum #3.pdf

200 Mero Street

Frankfort, Kentucky

40601

REQUEST FOR PROPOSAL

Kentucky’s Electric Vehicle Charging

Program

Addendum #3

Kentucky Transportation Cabinet

RFP Issue Date: June 15, 2023

Addendum #3 Issue Date: June 28, 2023

Questions Due: July 13, 2023

RFP Proposal Due Date: August 24, 2023 i

Request for Proposal

TABLE OF CONTENTS

1. Introduction

1.1. KYTC Goals

1.2. Program Background and Purpose

1.3. Corridor-Group 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 Event

2.5. Award Basis

2.6. Proposal Deadline; Addenda

3. General Terms, Conditions, Requirements and EVSE Specifications

3.1. Project Agreement Terms and Conditions

3.2. Conditions Precedent to Project agreement Execution

3.3. Insurance

3.3.1. Workers’ Compensation Insurance

3.3.2. Commercial General Liability Insurance

3.3.3. Umbrella Liability

3.3.4. KYTC Rights

3.3.5. Insurance Certificate

3.4. Bonding

3.5. EVSE Specifications

3.5.1. NEVI Requirements

3.5.2. Supplements to NEVI requirements

3.6. DBE Requirements

3.7. 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

4.2.3. Liquidated Damages Invoicing

ii

4.3. Cost Eligibility

4.3.1. Eligible Expenses

4.4. Liquidated Damages

4.4.1. Liquidated Damages Related to EVSE Up-time

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. Corridor-Group Map .......................................................................................1-1

Attachment 2. Utility Information ...........................................................................................2-1

Attachment 3. RFP Question Form .......................................................................................3-1

Attachment 4. Project Agreement Term Sheet (Heads of Terms) .........................................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

Tables

Table 1: Corridor-Groups

Table 2: Selection Process Schedule

Table 3: Capital Milestone Payments

Table 4: Technical Proposal Points

Table 5: Technical Proposal Additional Points

Table 6: Cost Proposal Points

Table 7: Total Available Points

Table 8: Technical Proposal Evaluation Guideline

Table 9: Technical Proposal Evaluation Guideline – Additional Points

Table 2-1: Utility Contact Table .................................................................................................................. 2-2

Table 2-2: Utility Interconnection Request Form........................................................................................ 2-4

Table 10-1: Utility Costs ........................................................................................................................... 10-1

Table 10-2: Cost Proposal Form .............................................................................................................. 10-2

Table 10-3: Cost Proposal Form, including Futureproofing Design Layout ............................................. 10-3

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 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 will need to 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. Note that 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 Corridor-Groups identified by KYTC (see Section 1.3). KYTC’s intent is to then award one or more Sites in each Corridor-

Group. While KYTC may elect to make no awards for Candidate Sites within a Corridor-Group, 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 Proposer 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 issued on February 10, 2022, the NEVI Formula Program Questions and Answers as updated on September 14, 2022, the NEVI Formula Program Guidance updated on June 2, 2023, 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 Phase1Phase 1 and Phase 2 of Kentucky’s Electric Vehicle Infrastructure

Deployment Plan (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 AND PURPOSE

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 3.5.1.

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. Of these funds, $25 million are currently available to assist with the 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 Plan. The AFCs provide enhanced connectivity to, and within, the Commonwealth.

The Plan, which was approved by the Joint Office on September 14, 2022, envisions a phased approach to create a reliable, accessible, convenient, and affordable EV charging network that supports transportation choices, energy diversification, economic development, and environmental sustainability for all Kentuckians.

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/alternative_fuel_corridors/resources/nevi_program_faqs.pdf https://www.fhwa.dot.gov/environment/nevi/formula_prog_guid/90d_nevi_formula_program_guidance.pdf https://www.fhwa.dot.gov/bipartisan-infrastructure-law/nevi_formula_program.cfm https://driveelectric.gov/ https://transportation.ky.gov/Planning/Air%20Quality%20Documents/KY%20EV%20Infrastructure%20Deployment%20Plan.pdf

The Plan was developed by KYTC in close coordination with Kentucky’s Energy and Environment Cabinet

(EEC). The agencies established a Steering Committee that included the Public Service Commission (PSC) and FHWA to provide oversight and direction for the Plan as well as coordination with the Cabinet for

Economic Development (CED). Public outreach was central to the development of the Plan. KYTC has been holding regular stakeholder meetings and presentations since February 2022.

KYTC issued a Request for Information (RFI) on August 24, 2022, to potential EV industry partners and stakeholders to solicit input on the Plan. KYTC offered all RFI Respondents the opportunity to meet one-on-one to further explore feedback from the market. The feedback received in stakeholder engagements, RFI responses, subsequent discussions, and comments received by KYTC on a Draft RFP have informed

KYTC’s Plan implementation strategy and this RFP. See Section 2.3 for more details.

This RFP focuses on Phases 1 and 2 of the Plan, which are aimed at achieving build-out on the AFCs. Once

EV chargers have been installed per NEVI Requirements along the AFCs and approved by the

Commonwealth and certified by FHWA as “built-out”, the Commonwealth can proceed to install chargers on other high-priority EV corridors as well as in other communities around the Commonwealth as part of Phases

3 and 4.

1.3. CORRIDOR-GROUP AND SITE DESCRIPTIONS

For the purposes of this RFP, KYTC has identified various Corridor-Groups and interchanges, or segments, within Corridor-Groups where Candidate Sites may be located. As described in Section 5, Proposers are asked to submit Proposals for one or more Candidate Sites within a Corridor-Group.

Below is a high-level map (Figure 1) of the Corridor-Groups along with a table providing details for each

Corridor-Group. A more detailed map of the Corridor-Groups is provided in Attachment 1. The GIS layer

(or a kmz file) for the Corridor-Groups is available upon request.

Figure 1: Corridor Groups

Table 1 below lists the AFCs, Corridor-Groups, and the interchanges with corresponding exit numbers or segments, that comprise the individual Corridor-Groups. For AFCs that are limited access highways, (i.e.

access at grade separated interchanges only), Candidate Sites must be located at one or more of the identified interchanges. Table 1 includes the list of interchanges/exits located within each Corridor-Group.

For portions of the AFC network that are not limited access, or AFCs without identified interchanges in

Table 1 (e.g., portions of the Hal Rogers Parkway), Candidate Sites can be located anywhere along the corridor if within a one-mile driving distance of the AFC per NEVI Requirements. The “Notes” column in the table provides guidance on KYTC’s preferences for Site locations within an individual Corridor-Group.

Table 1: Corridor-Groups

Alternative Fuel Corridors (AFC)

Corridor- Group

(C-G) Name

Interchanges (Exit No.)

or AFC Segments

Notes

I-24 I-24 Exits: 25, 27, 31, 40, 45, 56, 65, 73, 86

Candidate Sites in the Corridor-Group should take into consideration the presence of NEVI compliantexisting stations (NEVIthat fully comply with NEVI Requirements (AFC Creditable Stations) at Exit 4 in Paducah, KY and Exit 4 in Clarksville, TN. Candidate Sites that serve both I- 24 and I-69 (i.e., where they overlap) could be beneficial for supporting network build-out on both AFCs.

I-69 / Julian M.

Carroll Purchase Pkwy (Future I-69)

I-69A Exits: 1, 2, 14, 21, 22, 24, 25, 27, 41, 43, 47

Candidate Sites in the Corridor-Group should facilitate the build-out of the I-69 AFC by providing appropriate spacing to the TN State line.

I-69B Exits: 71, 79, 81, 92, 108, 111, 114, 116, 120, 125, 134, 140

Candidate Sites should facilitate the efficient build-out of the I-69 AFC by providing efficient considering the spacing between the Candidate Site andto the current north end of the I-69 AFC atas well as the distance to the Audubon Pkwy.state line on the future I-69. The 50-mile network distance should also be taken into consideration.

Edward T.

Breathitt Pennyrile Pkwy (Breathitt Pkwy)

BP BP Exits: 5, 6, 7, 8, 9, 11, 23, 33

Candidate Sites at anyseveral of the identified interchanges on the Breathitt (Pennyrile Pkwy) Parkway could help facilitate the build-out of that AFC as long as the 50-mile network requirement is met.

Wendell H. Ford Western Kentucky Pkwy (Western KY Pkwy)

WKP WKP Exits: 48, 53, 58, 75, 94, 107, 112, Candidate Sites on the Western Kentucky Pkwy should take into consideration the distance to the ends of the Western Kentucky Pkwy AFC at I-69 and I-65.

I-165 & Audubon Pkwy

/ US 60

I-165 & AP I-165 Exits: 26, 27, 33, 47 Audubon Exits: 5, 10, 18, 24 US 60 Exits: 10, 11, 12, 14, 16

Candidate Sites at any of the identified interchanges could facilitate build-out of the Audubon Pkwy AFC or the I-165 AFC. However, the 50-mile network distance should be taken into consideration.

I-65 I-65 Exits: 48, 53, 58, 65, 71, 76, 81, 86, 91, 94, 102, 105, 112, 114, 116, 117, 121

Candidate Sites in this Corridor-Group should take into consideration the presence of NEVIAFC Creditable Stations at Exit 28 in Bowling Green, KY and at Exit 4 in Clarksville, IN. The 50-mile network distance should also be taken into consideration.

Martha Layne Collins Bluegrass Pkwy

BGP Exits: 10, 21, 25, 34, 42, 48, 59, 68, 72, US 60 (Versailles Rd) from MP 11.25

Portions of this Corridor-Group are not limited access and distances cannot be measured to end of a ramp. Candidate Sites should be within a 1-mile driving distance of the AFC.

(Bluegrass Pkwy), US 60, KY 4, KY 922 in Woodford Co. to MP 1.5 in Scott Co.

(3.4 miles)

I-64 I-64A Exits: 3, 4, 8, 10, 15, 17, 28, 32, 35, 43, 48, 53, 58, 65, 69

Candidate Sites in this Corridor-Group should facilitate the efficient build-out of I-64 by providing efficient spacing to the IN state line.

I-64B I-75 Exits: 113, 115 I-64 Exits: 87, 94, 96, 101, 110, 113, 121, 123

Candidate Sites that serve both I-64 and I-75 could be beneficial for supporting network build-out of both AFCs.

I-64C I-64 Exits: 133, 137, 156, 161, 172, 179, 181, 185, 191

Candidate Sites in this Corridor-Group should facilitate the efficient build-out of the I-64 AFC by providing efficient spacing to the WV state line.

I-75 I-75A Exits: 144, 154, 156, 159, 166, 171, 175, 178, 180, 181, 182, Candidate Sites in this Corridor-Group could facilitate the efficient build-out of I-75 by being 25 miles or less from the Ohio Border and <50 miles from the NEVIAFC Creditable Station on I-75 at Exit 126 in Georgetown, KY. Candidate Sites that serve both I-75 and I-71 could be beneficial for supporting network build-out on both AFCs.

I-75B Exits: 38, 41, 49, 59, 62, 76, 77, 83, 87, 90, 95, 97, 99, 104

Candidate Sites in this Corridor-Group should facilitate build-out of I-75 given that there are existing NEVIAFC Creditable Stations at Exit 126 in Georgetown, KY and Exit 11 in Williamsburg, KY.

I-71 I-71 Exits: 14, 17, 18, 22, 28, 34, 43, 44, 55, 57, 62, 72

Candidate Sites in the Corridor-Group should facilitate the build-out of I-71 by providing efficient spacing between I-64 in Louisville and I-75 in Northern KY.

Bert T. Combs Mountain Parkway (Mountain Parkway)

MP Exits: 10, 16, 18, 22, 33, 40, 42, 53, 57, 60, 70, 72, 75, and the intersection with

US 460

Candidate Sites in this Corridor-Group should facilitate the efficient build-out of the Mountain Parkway by providing less than 50considering the 25-mile spacingmaximum distance to eitherthe east end of the Mountain Parkway. As well as the 50-mile network spacing requirement.

Louie B. Nunn Cumberland Expwy (Cumberland Expwy)

CE CE Exits: 8, 11, 14, 15, 27, 29, 46, 49, 62, 70, 78, 86, 88

Potential sites in this Corridor-Group should facilitate efficient AFC build-out by considering the distance to the west end of the Cumberland Expressway or the east end of the Hal Rogers Parkwayrequired 50-mile network spacing.

Hal Rogers Parkway

HR Hal Rogers Pkwy (KY 80 and KY 9006): US 27 to Hazard (Exit 59 at

KY 15)

US 27: Cumberland Expwy to Hal Rogers Pkwy (KY 80)

Portions of this Corridor-Group are not limited access and distances cannot be measured to end of a ramp. Candidate Sites should be within a one-mile driving distance of the AFC. Potential sites in this Corridor-Group should facilitate efficient AFC build-out by considering the 25-mile maximum distance to the west end of the Cumberland Expressway or the east end of the Hal Rogers Parkway as well as the 50-mile network spacing requirement.

KYTC intends to build-out the AFC network in the Commonwealth in the most efficient manner possible. To accomplish that objective, Proposers are encouraged to propose Candidate Sites that take into consideration the principles described below. These principles are based on the June 2, 2023 FHWA guidance. They are subject to change based on any new guidance FHWA may issue or based on interpretations of the guidance that FHWA may make public.

1. Candidate SitesAFC Creditable Stations should be taken into consideration in the selection of proposed

Candidate Sites. AFC Creditable Stations are existing stations that meet the requirements defined in section V-C of the updated NEVI guidance. This includes AFC Creditable Stations in Kentucky as well as those in adjacent states. An example of an AFC Creditable Station in Kentucky is the station on I-

24 at Exit 4 in Paducah, KY. Another example of an AFC Creditable Station in an adjacent state is the station on I-65 at Exit 4 in Clarksville, IN. Several of these stations will help Kentucky archive build-out by helping to fulfill the requirements outlined below.

2. AFC Creditable Stations are needed within 25 miles of the Kentucky state border where there is not an existing AFC Creditable Station already located within 25 miles on the other side of the state line. This

25-mile distance is based on the assumption that adjoining states will install AFC Creditable Stations within 25 miles of the border. It is often beneficial to be near the upper end of the 25-mile distance (i.e., nearer to the 25-mile mark) to support efficient AFC build-out within the state. I-64 at the West Virginia border is an example of a border without an existing AFC Creditable Station on the other side of the state line.

3. If there is an AFC Creditable Station on the other side of the state line, then the next station in Kentucky on that AFC must be within 50 miles of the AFC Creditable Station. I-65 at the Indiana border is an example of a state border with an AFC Creditable Station on the other side of the state line. In this case, the 50-mile distance along the AFC is measured from that existing station (in Indiana) even though it is located outside of the Commonwealth.

4. AFC Creditable Stations are needed within 25 miles of the terminus of an AFC that does NOT end at a state line or at a connection to another AFC. In Kentucky, the eastern ends of the Mountain Parkway and the Hal Rogers Parkway do not end at a state line or connect to another AFC.

5. For the state’s AFC network, AFC Creditable Stations are needed every 50 miles in all logical directions of travel. This network distance criteria applies to a single AFC (e.g., I-64 or I-24), but it also applies to intersecting AFCs when drivers might reasonably use them for long-distance travel. For example, the western end of the Cumberland Expressway (running east-west) intersects I-65 (running north-south).

Each station on one those three legs must be no more than 50 miles from the stations on the other two legs, so that drivers traveling in any direction could stop and charge. This network distance criteria to achieve build-out applies to AFC Creditable Stations and candidate EVSE Stations in Kentucky as well as those across the border that will help with build-out in Kentucky (as discussed above).

1.6. EVSE Stations (stations that are built using NEVI funding) that serve multiple AFCs are beneficial for achieving build-out on more than one AFC. This includes Candidate SitesEVSE Stations in areas where AFCs arerun concurrent such as I-71 and I-75 in Northern Kentucky. It also includes Candidate

SitesEVSE Stations located near the intersection of two AFCs, such as in London, KY where the Hal

Rogers Parkway crosses I-75. Candidate SitesEVSE Stations must always be within one mile of both such AFCs for it to be considered as serving both AFCs.

2. Candidate Sites are needed on each AFC within 50 miles of existing NEVI Stations on the same

AFC. This includes NEVI Stations within Kentucky as well as those in adjacent states, but near the

Kentucky border and on the same AFC. An example of a NEVI Station within the Commonwealth is the NEVI Station on I-24 at Exit 4 in Paducah, KY. An example of a NEVI Station in an adjacent

State is the station on I-65 at Exit 4 in Clarksville, IN.

3.7. Candidate Sites should not be too close to existing NEVIProposed EVSE Stations should not be too close to AFC Creditable Stations to stretch the range between stations. A minimum distance used in the planning phase was 20 miles, with larger distances being more beneficial.

4. Candidate Sites are needed within 25 miles of State borders where there is not an existing NEVI

Station already located within 25 miles on the other side of the Kentucky State line. This 25-mile https://www.fhwa.dot.gov/environment/alternative_fuel_corridors/nominations/90d_nevi_formula_program_guidance.pdf distance request assumes that adjoining States would install EVSE Stations within 25 miles on other side of the border. It is often beneficial to be near the upper end of the 25-mile distance range

(i.e., nearer to the 25-mile mark) to support efficient AFC build-out within the Commonwealth. I-64 at the West Virginia border is an example of a State border without an existing NEVI Station on the other side.

5. For AFCs that are over 50 miles long, a Candidate Site is needed no more than 50 miles from either end of the AFC to achieve build-out. This applies to AFCs that end when they intersect another

AFC (e.g., at the western terminus of Bluegrass Parkway at I-65) or AFC endpoints that do not connect to another currently designated AFC (e.g., the eastern end of the Hal Rogers Parkway in

Hazard). If the AFC length is greater than 50 miles, but less than 100 miles, then it could be possible to build-out the entire AFC with one EVSE Station located near the middle of the corridor. If an AFC is over 100 miles long, then two or more EVSE Stations would be required for build-out. If an AFC is less than 50 miles long, then one EVSE Station would build-out that AFC.

6. Note that, for the distance preferences stated above, each AFC is treated independently. For example, I-71 and I-75 are separate AFCs even though they run concurrently for some distance in the Commonwealth. This means that both AFCs must meet the distance criteria independently.

However, a Candidate Site on a shared segment would serve both AFCs (see no. 1 above).

7.8. Candidate Site selection should consider the entire network of AFCs and KYTC’s objective of efficiently building out the EV charging network. See Section 6.3 (Table 4)6.3., Table 4 and Section

8 (Table 8)8, Table 8 for information on how Candidate Site location is considered in the evaluation process. Proposers may submit multiple Candidate Sites that would work together to contribute to the efficient build-out of Kentucky’s AFC network.

In addition to the above principles, proposed Candidate Sites should conform to NEVI Requirements with regard to distance from an AFC (i.e., all sites should be within one mile of a designated AFC).

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.

mailto:Laura.Hagan@ky.gov mailto:Laura.Hagan@ky.gov

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.

(https://psc.ky.gov/agencies/psc/images/electric_service_areas_wall_map.pdf ). Each potential Site along designated AFCs that could host an EVSE Stations is served by one of the types of utilities outlined above.

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 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 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 load. 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 owners will be required to pay the cost of these upgrades, if necessary, which could vary significantly by location even within the same Corridor-Group.

As noted in Section 5.4, 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 between twelve (12) and 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 6).

1.5.2. REQUIRED UTILITY INTERACTIONS

All Proposers are encouraged 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 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

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 in Attachment 2 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 in Attachment 2 includes fields for the minimum information that utilities will require for each Candidate Site to assess interconnection requirements and schedule.

Proposers should fill out and submit this form to the listed contact at the electric utility which serves the

Candidate Site.

Please note that Attachment 2 is intended only to facilitate communication between Proposers and local utilities; it is not required to be submitted as part of the Technical Proposal or the Cost Proposal for a

Candidate Site. 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(s) 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.

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 https://hub.arcgis.com/datasets/BRADD-KY::kentucky-electric-service-areas/explore?location=37.749007%2C-85.136700%2C7.84 utilities that do not purchase power from the TVA, EVSE specific rates without demand charges are currently not available. However, the Kentucky Public Service Commission has already begun 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). This investigation is expected to be completed no later than November 2023.

2. OVERVIEW AND SCHEDULE

2.1. METHODOLOGY

As described in Section 1.3, KYTC has identified seventeen (17) discrete Corridor-Groups along

Kentucky’s AFCs as shown in Attachment 1 and Table 1 above where EVSE Stations may be installed to achieve build-out in accordance with NEVI Requirements. Proposers shall propose at least one Candidate

Site located within one Corridor-Group. Proposers may propose more than one Candidate Site within a

Corridor-Group, or multiple Candidate Sites within multiple Corridor-Groups. However, Proposers are not obligated to propose Candidate Sites in more than one Corridor-Group.

KYTC intends to award one or more Sites per Corridor-Group. KYTC may award more than one of

Candidate Sites to the same Proposer if KYTC determines that the resultant award provides the best value and alignment with the goals of the Plan.

KYTC intends to award Proposals that demonstrate a Proposer’s intent to implement a design, build, operate and maintain (DBOM) best value procurement for EVSE Stations at a Site pursuant to the requirements of this RFP, the 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 Projects located at specific Sites to Proposers in accordance with the process described in Section 6. Proposers shall prepare Proposals in accordance with Section 5.

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 Draft Release 01/04/2023 (past)

Draft RFP Comments Due 01/27/2023 (past)

Networking Event 02/21/2023 (past)

RFP Release 06/15/2023

Questions Due 07/13/2023

Proposals Due 08/24/2023

Notice of Award 09/27/2023

PA Execution On or before 12/20/2023

2.3. RFP QUESTIONS

A Draft RFP was released on January 4, 2023, to allow Proposers and other EV stakeholders the opportunity to formally submit comments before the release of this RFP. The purpose of the Draft RFP comment period was to (1) solicit feedback from Potential Proposers on the selection method and process, and (2) allow Potential Proposers to begin the process of coordinating with relevant stakeholders such as utilities, Site Hosts, EVSE suppliers, local contractors, etc. Comments received were evaluated by KYTC and are reflected in this RFP as appropriate. Proposers were not required to submit comments for this RFP, nor will Draft RFP comments be considered as part of the Proposal evaluation.

Proposers are welcome to formally submit questions and inquiries regarding this RFP. Questions and inquiries must be submitted using the RFP Question Form in Attachment 3. Questions are due no later than July 13, 2023, and shall be submitted to the Commonwealth Buyer via email at Laura.Hagan@ky.gov.

KYTC will post submitted questions and answers to the Kentucky Vendor Self Service website approximately two weeks after questions are due. Organization and contact information of question submitters will be kept anonymous and will not be made public. Submitting questions is not a requirement for the RFP, nor will questions be considered as part of a Proposal submission and evaluation.

2.4. NETWORKING EVENT

On February 21, 2023, KYTC facilitated an event focused on networking opportunities for potential teaming partners in the procurement and implementation of the Kentucky EV Charging Program. This networking event was conducted virtually with a particular emphasis on Disadvantaged Business Enterprises (DBEs) and service provider participation. Participation in this networking event is not a requirement for the RFP, nor will Proposals be evaluated, or Contracts awarded, based on this networking 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 Corridor-Group; KYTC intends to award one or more Sites per

Corridor-Group.

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 2300000290 and click “Search.” Click the hyperlinked RFP-605-2300000290 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.

mailto:Laura.Hagan@ky.gov https://vss.ky.gov/ https://vss.ky.gov/

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 Corridor-

Group 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 meet the Conditions Precedent requirements in Section 3.2, KYTC may select the next best Candidate Site for the Corridor-Group.

3. GENERAL TERMS, CONDITIONS, REQUIREMENTS

AND EVSE SPECIFICATIONS

3.1. PROJECT AGREEMENT TERMS AND CONDITIONS

The PA Term Sheet (Heads of Terms) are provided in Attachment 4. Note that as per Attachment 4, Section 7, the effective date of the PA shall be the date signed by the Secretary, and the termination date shall be five (5) years following Final Completion.

3.2. CONDITIONS PRECEDENT TO PROJECT AGREEMENT EXECUTION

Prior to execution of a PA between KYTC and the Preferred Proposer, the following Conditions Precedent shall be met by the Developer within 90 days after Notice of Award. If these conditions are not met, KYTC reserves the right to reject the Candidate Site and select the next best Candidate Site for the Corridor-Group:

1. Site Control/Site Host Agreement: Executed agreement in place between Preferred Proposer and

Site Host which shall allow broad and unfettered access to Developer to develop, construct, operate, and maintain the Project, and also provide for Preferred Proposer’s access to the Site prior to KYTC environmental review such that KYTC and its agents have the right to enter the property and visually examine the property and grounds, to complete environmental reviews (see below) necessary to comply with the National Environmental Policy Act (NEPA);

2. Project Confirmation: Clarifying remaining issues regarding scope, schedule, financing, or any other information provided by the Preferred Proposer;

3. Utility Agreement: Executed agreement in place between the Preferred Proposer and the appropriate utility to provide adequate power service to the Site within the timelines put forth in the

Implementation Schedule as part of the Technical Proposal (See Section 5.3). If the timeline outlined in the Utility Agreement indicates a completion date more than 90 days beyond the completion date provided in the Implementation Schedule, KYTC reserves the right to reject the

Candidate Site and select the next best Candidate Site for the Corridor-Group;

4. Environmental Review: Environmental review conducted by KYTC at KYTC’s expense, in compliance with NEPA. The anticipated duration for the NEPA review is 60 days. If KYTC determines NEPA review will take longer than 60 days and would result in an undue cost to KYTC or an impact to the environment, KYTC reserves the right to request additional information or reject the Candidate Site and select the next best Candidate Site for the Corridor-Group. Note that KYTC may choose not to execute a PA with the Preferred Proposer if a “no-build” alternative is selected as part of the NEPA process;

5. Buy America: Demonstration of Preferred Proposer’s capability to comply with Build America, Buy

America Act (BABA) requirements as set forth by U.S. Federal government (See Attachment 7, Form F and https://www.fhwa.dot.gov/construction/contracts/buyam_qa_baba.cfm for more information on Buy America requirements, and https://www.fhwa.dot.gov/construction/cqit/buyam/implementation.cfm for more information on the status of the Waiver of Buy America Requirements for EV chargers). KYTC has yet to determine what role, if any, it will play in any waiver process, if applicable; and

6. Certificate of compliance with insurance requirements (details on insurance requirements are provided below).

3.3. INSURANCE

On or before the date on which a PA is executed, Developer shall procure insurance at the minimum levels referenced in the PA. This insurance shall be provided by a reputable insurance provider 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.

3.3.1. WORKERS’ COMPENSATION INSURANCE

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.

3.3.2. 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.