Bid Notice-Grading and Surfacing - RS 2039.pdf

Dwight D. Eisenhower State Office Building 700 S.W. Harrison Street Topeka, KS 66603-3745

Phone: 785-296-3576 Hearing Impaired - 711 publicinfo@ksdot.org http://www.ksdot.org

Bureau of Construction and Materials

FEDERAL PROJECT NUMBER: HSIP-C532(101)

STATE PROJECT NUMBER: 072 C 5321-01

CALL ORDER NUMBER: 421

PROPOSAL NUMBER: 526064212

LETTING DATE 06/17/2026

COUNTY: OTTAWA

FUND TYPE: COUNTY

SALINAKDOT CONSTRUCTION OFFICE:

PROJECT DESCRIPTION

GRADING AND SURFACING. RS 2039 FR OT RD TO K-18 IN OT CO.

LGTH IS 3.30 MI.

RESTRICTED DAYS

(85)

TOTAL CONTRACT DAYS

(105)

JUNE 14, 2027

Earliest Start Date:

Latest Start Date:

9:53:55AM5/18/2026 @

Letting 06/17/2026 Kansas Department of Transportation Project No. 072 C 5321-01

Contract No. 526064212

072 C 5321-01 HSIP-C532(101)

CONTRACT PROPOSAL

DOT Form No. 202 Rev. 02/19

Contract ID: 526064212

1. The Secretary of Transportation of the State of Kansas [Secretary] will accept only electronic internet proposals from prequalified contractors for construction, improvement, reconstruction, or maintenance work in the State of Kansas, said work known as Project No.:

072 C 5321-01 / HSIP-C532(101)

The general scope, location and net length are:

GRADING AND SURFACING. RS 2039 FR OT RD TO K-18 IN OT CO.

LGTH IS 3.30 MI.

2. This is the Proposal of

[Contractor] to complete the Project for the amount set out in the accompanying Unit

Prices List.

3. The Contractor makes the following ties and riders as part of its Proposal in addition to state ties, if any:

4. Contractors and other interested entities may examine the Bidding Proposal Form/

Contract Documents (see paragraph 11 below) at the County Clerk's Office in the County in which the Project is located and at the Kansas Department of Transportation [KODT] Bureau of Construction and Materials, Eisenhower State Office Building, 700 SW Harrison, Topeka, Kansas 66603. Contractors may examine and print the Bidding Proposal Form/Contract

Documents by using KDOT's website at http://www.ksdot.gov and choosing the following selections: "Doing Business", "Highway Contractors" and "Highway Letting Information",and using the links provided in the Project information for this project. KDOT will not print and mail paper copies of Proposal Forms. Contractors shall notify KDOT of their intent to bid as a prime contractor by identifying themselves as a Bid Holder on the website above.

Contractors shall furnish this notice no later than 5:00 P.M. on the Monday preceding the scheduled Letting Date. For a fee, Contractors and other interested entities may order paper copies of the KDOT Standard Specifications for State Road and Bridge Construction, 2015 Edition, [Standard Specifications] by using KDOT's website of http://www.ksdot.org and choosing the following selections: "Doing Business", "Highway Contractors", "Contractor Resources and "Specifications".

5. Contractors shall use the AASHTO's Project Bids software in combination with the electronic bidding system file created for the Project with Project Bids software [EBSX file] to generate an electronic internet proposal. The Project Bids software and Project

EBSX file are available on Bid Express' website at http://ui.bidx.com.

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6. Contractors shall only use the Project Bids software to create a proposal and submit an electronic internet proposal to KDOT using the Bid Express website at http:// ui.bidx.com.

7. The KDOT Bureau of Construction and Materials will only accept electronic internet proposals on-line using Bid Express until 1:00 P.M. Local Time on the Letting Date. KDOT will open and read these proposals at the Eisenhower State Office Building, 700 SW

Harrison, Topeka, Kansas 66603 at 3:00 P.M. Local Time on the Letting Date. Bids are read on a conference call at 785-414-8630. The conference ID is 856 616 050#.

8. The Contractor shall execute a contract for the proposed work within ten (10) business days after notice of the award of the contract.

9. The contractor shall complete work to open the project to unrestricted traffic within

_85_ Restricted Days and shall complete the work within the total Contract Working Days of _105_.

10. The Contractor shall complete the Project according to the plans, Standard

Specifications, provisions identified in the Special Provision List and all other

Contract Documents identified in Standard Specifications subsection 101.3

11. The undersigned declares that the Contractor has carefully examined the Bidding

Proposal Form for the Project. The Contractor understands the following:

A. The Bidding Proposal Form consists of the following documents: the Project EBSX files on the Bid Express website (which includes DOT Form 202, required contract provisions, and the Unit Prices List), special provision list, project special provisions, special provisions, Standard Specifications, plans, exploratory work documents, any additional contract information, any addenda, all questions and answers posted on the Bid Express website, and any amendments the Secretary provides for the Project. The Contractor can obtain these documents at KDOT's website (see paragraph 4).

B. The special provision list identifies all required contract provisions, project special provisions and special provisions that apply to the Project.

C. The Bidding Proposal form becomes the Contractor's Proposal after the Contractor completes the EBSX file, electronically signs the Proposal where required on DOT Form

202, and submits the completed EBSX file documents and bid bond to KDOT using Bid

Express. The special provision list, project special provisions, special provisions, Standard Specifications, plans, exploratory work documents, any additional contract information, all questions and answers posted on the Bid Express website, and any addenda are incorporated by reference into the Proposal. These documents are part of the

Contractor's Proposal.

D. In electronically signing this Proposal, the Contractor waives the right to claim that the Contractor misunderstood the contents of the Proposal or the procurement process.

12. The Contractor has inspected the actual location of the work. The Contractor has determined the availability of materials. The Contractor has evaluated all quantities and conditions. In electronically signing this Proposal, the Contractor waives the right to claim that the Contractor misunderstood the scope of the work.

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13. SPECIAL PROVISIONS REQUIRING INFORMATION. The following Required Contract Provisions

(I-XVII) require the Contractor to furnish information. The current versions of these provisions are contained in the Project EBSX file. Some or all of these apply to the

Project as indicated in the Special Provision List. The Contractor shall complete these provisions within the EBSX file. When these documents are required, the Secretary will reject proposals that fail to contain completed Provisions I, II, or III in the EBSX file, and may reject proposals that fail to contain completed Provisions IV, V, VI, VII, VIII, IX, X, XI, XII, XIII, XIV, XV, XVI, or XVII in the EBSX file.

I. 08-10-66 Certification-Noncollusion & History of Debarment

II. 04-30-82 Certification-Financial Prequalification Amount

III. 04-26-90 Declaration-Limitations on Use of Federal Funds for Lobbying

IV. 04-06-26 Certification of Company Not Currently Engaged in the Procurement or Use of Prohibited Foreign Unmanned Aeriel Systems

V. 08-04-92 Certification-Contractual Services with a Current Legislator or a Current Legislator's Firm

VI. 10-10-00 Price Adjustment for Fuel

VII. 08-08-01 Furnishing and Planting Plant Materials

VIII. 06-01-06 Price Adjustment for Asphalt Material

IX. 05-18-07 Repair (Structures)

X. 08-31-09 Price Adjustment for Emulsified Asphalt

XI. 11-15-17 Electric Lighting System Unit Cost

XII. 04-06-09 ITS Unit Cost

XIII. 08-17-16 Water System Unit Cost

XIV. 06-19-19 Sanitary Sewer System Unit Cost

XV. 01-01-18 Smart Work Zone System Unit Cost

XVI. 08-12-24 Continuously Operating Reference Station Unit Cost

XVII. 01-01-11 Kansas Department of Revenue Tax Clearance Certificate

14. The funding source for this Project is FEDERAL/COUNTY. On Projects involving City or

County funds, the Secretary acts as the Agent of the City or County and as the administrator of federal or state funds. Each governmental entity's responsibilities are described in a contract between the entities which is available on request.

15. FEDERAL AID DOCUMENTS INCLUDED IN PROPOSAL. If the Project is supported in whole or in part by Federal funds, the latest revisions of the following provisions (I - V) also apply to the Project. These documents are not included in the Project EBSX file but are accessible on KDOT's website and incorporated by reference into the proposal like other provisions and the exploratory work documents.

I. 11-03-80 Affirmative Action For EEO

II. 11-15-96 Affirmative Action & EEO Policies

III. 09-06-94 U.S. DOT Fraud Hotline

IV. FHWA-1273 Federal-Aid Required Contract Provisions

16. The Secretary reserves the right to reject any and all proposals and to waive any or all technicalities.

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17. SIGNATURE SECTION:

A. Electronic Internet Proposal

The person submitting the electronic internet Proposal, on the Contractor's behalf, shall be the person whose digital identification is used to submit this Proposal. That person shall complete paragraphs B and C. The person whose digital identification is used to electronically sign this Proposal binds the Contractor to this Proposal and binds the named individual to the certification in paragraph B.

B. Certification

I CERTIFY THAT I AM AUTHORIZED TO REPRESENT THE CONTRACTOR IN PREPARING AND PRESENTING

THIS PROPOSAL. I CERTIFY UNDER PENALTY OF PERJURY THAT THE FOREGOING (INCLUDING BUT NOT

LIMITED TO THE INFORMATION CONTAINED IN THE SPECICIAL PROVISIONS REFERENCED IN PARAGRAPH

13) IS TRUE AND CORRECT.

EXECUTED ON

C. Signature

Number of company or joint venture:

Name of company or joint venture:

Name of person signing:

Title of the person signing:

Signature: Electronic Internet Proposal

RELEASED FOR CONSTRUCTION:

Date:____________________________________

Chief of Construction and Materials

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KANSAS DEPARTMENT OF TRANSPORTATION

SPECIAL PROVISION LIST

PAGE:

DATE:

05/15/26

STATE PROJECT NO: 072 C 5321-01 STATE CONTRACT NO: 526064212

FEDERAL PROJ NO.

PRIMARY DISTRICT:

DESCRIPTION:

PRIMARY COUNTY: OTTAWA2

GRADING AND SURFACING. RS 2039 FR OT RD TO K-18 IN OT CO. LGTH IS 3.30 MI.

HSIP-C532(101)

PROVISION NO. DESCRIPTION

NOTE: THE FOLLOWING LIST OF SPECIAL PROVISIONS ARE FOR THIS PROJECT.

OMISSION OF ALL OR PART OF A SPECIAL PROVISION IN THE ATTACHED

PROPOSAL (CONTRACT) DOES NOT RELIEVE THE CONTRACTOR OF THE

RESPONSIBILITY FOR OBTAINING THE COMPLETE PROVISION AS LISTED.

REQUIRED CONTRACT PROVISION-NONCOLLUSION / HISTORY-DEBARMENT08-10-66-R05

REQUIRED CONTRACT PROVISION-FINANCIAL PREQUALIFICATION04-30-82-R07

REQUIRED CONTRACT PROVISION-CONTRACTUAL SERVICES-LEGISLATOR08-04-92-R03

REQUIRED CONTRACT PROVISION-LIMITS OF FED FUNDS FOR LOBBYING04-26-90-R05

REQUIRED CONTRACT PROVISION-FEDERAL RESTRICTIONS ON FOREIGN DRONES04-06-26

REQUIRED CONTRACT PROVISION-NOTICE FOR AFFIRMATIVE ACTION11-03-80-R09

REQUIRED CONTRACT PROVISION-EEO REQUIREMENT11-15-96-R06

REQUIRED CONTRACT PROVISION - BOYCOTT OF ISRAEL PROHIBITED07-01-17-R1

MINIMUM WAGE RATE (OTTAWA COUNTY)KS20260109

REQUIRED CONTRACT PROVISION-NDAA 889 TELECOMM PROHIBITION12-17-20

NOTICE TO CONTRACTORS (USDOT HOTLINE)09-06-94-R01

REQUIRED CONTRACT PROVISION-TAX CLEARANCE CERTIFICATE01-01-11-R01

REQUIRED CONTRACT PROVISION-FEDERAL-AID CONSTRUCTION CONTRACTSFHWA-1273

POLICY AGAINST SEXUAL HARASSMENT03-01-18

ERRATA SHEET FOR STD SPEC BOOK FOR RD & BR CONST, 2015 ED15-ER-1-R23

INFORMATION TO CONTRACTORS (STATUS OF UTILITIES)15-01002

SALES TAX EXEMPTION15-01004

ENVIRONMENTAL CONCERNS - MIGRATORY BIRD TREATY ACT15-01011-R06

PROSECUTION AND PROGRESS15-01016-R04

CONTROL OF MATERIALS15-01018-R01

CONTROL OF WORK15-01019-R02

BIDDING REQUIREMENTS AND CONDITIONS15-01021-R03

SCOPE OF WORK15-01022-R04

BIDDING REQUIREMENTS AND CONDITIONS15-01023

AWARD AND EXECUTION OF CONTRACT15-01024

ASPHALT SURFACING AND ASPHALT RECYCLING EQUIPMENT15-01501

ASPHALT PAVEMENT SMOOTHNESS15-06006-R01

HOT MIX ASPHALT (HMA)-COMMERCIAL GRADE15-06010-R02

PAVEMENT WIDENING, SHOULDERING AND PAVEMENT EDGE WEDGE15-08011-R02

CONTRACTOR CONSTRUCTION STAKING15-08015

WORK ZONE TRAFFIC CONTROL AND SAFETY15-08019-R03

DURABLE PAVEMENT MARKING15-08020-R02

FIELD OFFICE AND LABORATORY15-08023-R01

WORK ZONE TRAFFIC CONTROL AND SAFETY (WORKERS PRESENT SIGNS)15-08029

STORMWATER POLLUTION MANAGEMENT15-09002-R05

TEMPORARY EROSION AND SEDIMENT CONTROL/SEEDING15-09004-R02

KANSAS DEPARTMENT OF TRANSPORTATION

SPECIAL PROVISION LIST

PAGE:

DATE:

05/15/26

STATE PROJECT NO: 072 C 5321-01 STATE CONTRACT NO: 526064212

FEDERAL PROJ NO.

PRIMARY DISTRICT:

DESCRIPTION:

PRIMARY COUNTY: OTTAWA2

GRADING AND SURFACING. RS 2039 FR OT RD TO K-18 IN OT CO. LGTH IS 3.30 MI.

HSIP-C532(101)

PROVISION NO. DESCRIPTION

NOTE: THE FOLLOWING LIST OF SPECIAL PROVISIONS ARE FOR THIS PROJECT.

OMISSION OF ALL OR PART OF A SPECIAL PROVISION IN THE ATTACHED

PROPOSAL (CONTRACT) DOES NOT RELIEVE THE CONTRACTOR OF THE

RESPONSIBILITY FOR OBTAINING THE COMPLETE PROVISION AS LISTED.

MULCHING15-09006-R01

AGGREGATE FOR HMA15-11002-R01

GENERAL REQUIREMENT DIVISION 120015-12001-R01

PERFORMANCE GRADED ASPHALT BINDER15-12002-R01

STEEL SIGN POSTS15-16002-R03

RELEASE COMPOUND FOR ASPHALT MIXES15-17004-R05

GEOSYNTHETICS15-17007-R03

SEEDS15-21001

MULCH TACKING SLURRY15-21002

MULTI - COMPONENT LIQUID PAVEMENT MARKING MATERIAL15-22003-R02

IMAGE SYSTEMS15-22005-R03

RETROREFLECTIVE SHEETING15-22006-R01

ROLL-UP SIGNS15-22011

WOOD POSTS15-23001-R03

FIELD HANDLING AND PRESERVATIVE TREATMENT OF WOOD PRODUCTS15-23003-R02

PART V15-25001-R07

MATERIALS CERTIFICATIONS15-26001-R13

SAW CUTS15-PS0231

END OF SPECIAL PROVISION LIST

REQUIRED CONTRACT PROVISION - 08-10-66-R05 (Rev. 07/05)

CERTIFICATION - NONCOLLUSION AND HISTORY OF DEBARMENT

K.A.R. 36-30-4, 49 C.F.R. 29.335, 23 U.S.C. 112(c), 49 U.S.C. 322

Complete the exceptions below if applicable. The Contractor's signature on the last page of the Contractor's Proposal (DOT Form 202) supplies the necessary signature for this

Certificate.

NONCOLLUSION

I certify that the Contractor submitting this bid has not, either directly or indirectly, entered into any agreement, participated in any collusion, or otherwise taken any action, in restraint of free competitive bidding in connection with the submitted bid.

HISTORY OF DEBARMENT

I certify that, except as noted below, the Contractor submitting this bid and any person associated with this Contractor in the capacitiy of owner, partner, director, officer, principal, investigator, project director, manager, auditor, or any position involving the administration of federal funds:

1. Are not currently suspended, debarred, voluntarily excluded or disqualified from bidding by any federal or state agency;

2. Have not been suspended, debarred, voluntarily excluded or disqualified from bidding by any federal or state agency within the past three years;

3. Do not have a proposed debarment pending;

4. Within the past three years, have not been convicted or had a civil judgment rendered against them by a court of competent jurisdiction in any matter involving fraud, anti-trust violations, theft, official misconduct, or other offenses indicating a lack of business integrity or business honesty; and

5. Are not currently indicted or otherwise criminally or civilly charged by a federal, state, or local government with fraud, anti-trust violations, theft, official misconduct, or other offenses indicating a lack of business integrity or business honesty; and

6. Have not had one or more federal, state, or local government contracts terminated for cause or default within the past three years.

Answer 'Yes' if there are exceptions to the above described circumstances. Answer 'No' if there are no exceptions.

Yes No

The exceptions, if any, are:

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REQUIRED CONTRACT PROVISION - 04-30-82-R07 (Rev. 01/11)

CERTIFICATION - FINANCIAL PREQUALIFICATION AMOUNT

Select the appropriate response below to indicate whether this Proposal exceeds the

Contractor's financial prequalification amount. The Contractor's signature on the last page of the Contractor's Proposal (DOT Form 202) supplies the necessary signature for this Certificate.

I understand that I may be required to identify the outstanding contract and subcontract work of my firm, association or corporation on DOT Form 284 prior to an award of contract. Unless I obtain approval, I understand that the Secretary may reject this

Proposal if the dollar value of work on this Contract combined with unearned amounts on our unfinished contract and subcontract work exceeds our prequalification amount.

I certify that the amount of this Proposal plus the total unearned amount of other contracts with the Kansas Department of Transportation plus the unearned amount of all other contracts in this state or other states exceeds does not exceed the financial prequalification amount of our firm, association or corporation. I also certify that our firm, association or corporation has the financial ability to do the work.

If this Proposal exceeds the financial prequalification amount, I certify that I obtained approval to submit this bid from the KDOT representative I have listed below. (Prior approval to exceed the prequalification limit may be made by telephone or personal contact).

KDOT Approval Granted by:

KDOT Approval Date:

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REQUIRED CONTRACT PROVISION - 08-04-92-R03 (Rev. 07/05)

CERTIFICATION - CONTRACTUAL SERVICES WITH A CURRENT

LEGISLATOR OR A CURRENT LEGISLATOR'S FIRM

Select the appropriate response below to indicate whether this contract is with a legislator or a firm in which a legislator is a member. The Contractor's signature on the last page of the Contractor's Proposal (DOT Form 202) supplies the necessary signature for this Certificate.

Kansas Law, K.S.A. 46-239(c), requires this agency to report all contracts entered into with any legislator or any member of a firm of which a legislator is a member, under which the legislator or member of the firm is to perform services for this agency for compensation. The Contractor certifies that:

This Contract is is not with a legislator or a firm in which a legislator is a member. That Legislator is:

Name:

Address:

City State Zip:

Business Telephone:

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REQUIRED CONTRACT PROVISION- 04-26-90-R05 (Rev. 07/13)

DECLARATION

LIMITATIONS ON USE OF FEDERAL FUNDS FOR LOBBYING

PURSUANT TO 31 U.S.C. 1352

The Contractor's signature on the last page of the Contractor's Proposal (DOT Form 202) supplies the necessary signature for this Certificate.

DEFINITIONS:

1. Designated Entity: an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress.

2. Federal Grant: an award of financial assistance by the Federal government. (Federal

Aid Highway Program is considered a grant program.)

3. Influencing (or attempt): making, with the intent to influence, any communication to or appearance before any designated entity in connection with the making of a Federal contract or Federal grant.

4. Person: an individual, corporation, company, association, authority, firm, partnership, society, State or local government.

5. Recipient: all contractors, subcontractors, subgrantees, at any tier, and other persons receiving funds in connection with a Federal grant.

EXPLANATION:

As of December 23, 1989, 31 U.S.C. section 1352 limits the use of appropriated Federal funds to influence Federal contracting. Under this law, recipients of Federal grants shall not use appropriated funds to pay any person for influencing or attempting to influence a designated entity in connection with the making of a Federal grant or the extension, continuation, renewal, amendment or modification of a Federal grant. These restrictions apply to contracts and grants exceeding $100,000.00. Federal law requires submission of this declaration. If a recipient fails to file the declaration or amend a declaration, the recipient shall be subject to a civil penalty of not less than

$10,000.00 and not more than $100,000.00 for each failure. If the recipient uses appropriated Federal funds to influence or to attempt to influence a designated entity contrary to this provision, the recipient shall be subject to a civil penalty of not less than $10,000.00 and not more than $100,000.00 for each such payment.

CERTIFICATIONS:

I certify that the Contractor recipient (including its owners, partners, directors, officers, or principals) has not paid and will not pay federally appropriated funds to any person for influencing or attempting to influence a designated entity in connection with the making of a Federal grant, or the extension, continuation, renewal, amendment or modification of a Federal grant.

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Answer 'Yes' if a person registered under the Lobbying Disclosure Act of 1995

(Registrant) has made lobbying contacts on the Contractor recipient's behalf with respect to this contract. Answer 'No' if no Registrant has lobbied on the Contractor recipient's behalf with respect to this contract.

Yes No

The Registrants, if any, are:

I certify that the Contractor recipient will report payments made to a person for influencing or attempting to influence a designated entity, that come from funds other than appropriated Federal funds. The Contractor recipient shall report such payments on

Form LLL "DISCLOSURE FORM TO REPORT LOBBYING" according to the instructions and may obtain Form LLL from the KDOT Bureau of Construction and Materials.

I certify that, if information contained in this DECLARATION changes, the Contractor recipient will amend the DECLARATION within 30 days of the change(s).

I certify that the Contractor recipient will provide to and require subcontractors to sign a like DECLARATION, if the subcontract work exceeds $100,000.00.

The Contractor recipient understands that this declaration is a material representation of fact and the Secretary will have relied upon this declaration in entering into a contract with the Contractor recipient.

NOTE: This Reporting requirement does not apply to payments made to the recipient's regular employees and contracts, subcontracts, and grants less than $100,000.00.

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REQUIRED CONTRACT PROVISION - 01-01-11-R01 (01-01-11-R01)

TAX CLEARANCE CERTIFICATE

Answer 'Yes' if the Contractor has a current Tax Clearance Certificate. Answer 'No' if the Contractor does not have a current Tax Clearance Certificate.

Yes No

Insert the Tax Clearance Confirmation Number if available at the time of bidding:

Contractors shall have a current Tax Clearance Certificate from the Kansas Department of

Revenue [KDOR] at the time of contract award. The Tax Clearance process is a tax account review by KDOR to determine that the Contractor's account is compliant with Kansas tax laws administered by the Director of Taxation. The Secretary will reject the Contractor's

Proposal as non-responsive if the Contractor does not have a current Tax Clearance

Certificate at the time of the contract award.

To obtain a Tax Clearance Certificate, the Contractor shall complete and submit to KDOR an Application for Tax Clearance obtained from KDOR's website at http:// www.ksrevenue.org/taxclearance.htm. The Application Form can be completed and submitted on-line, by mail, or by fax. After the Contractor submits the Application, KDOR will provide the Contractor a Transaction ID number. The Contractor shall use the Transaction

ID number to retrieve the Tax Clearance Certificate. Decisions on on-line applications are generally available the following business day.

After the Contractor obtains the Tax Clearance Certificate, the Contractor shall insert on this Required Contract Provision the Confirmation Number contained in the Certificate or the Contractor shall submit a copy of the Tax Clearance Certificate to the KDOT Bureau of Construction and Materials by hand delivery, mail, e-mail or fax. Before awarding a contract, the Bureau of Construction and Materials will authenticate the Certificate through the Confirmation Number inserted on this Required Contract Provision or contained on the Certificate submitted.

If the Contractor is unable to retrieve the Tax Clearance Certificate or if KDOR denies the Contractor's Application for Tax Clearance, the Contractor shall call KDOR's Special

Projects Team at 785-296-3199 to determine why KDOR failed to issue the certificate.

Tax Clearance Certificates are valid for 90 days after issue. To renew a clearance, submit a new Tax Clearance Application. Information pertaining to a Tax Clearance is subject to change for various reasons, including a state tax audit, federal tax audit, agent actions, hearings, and other legal actions. The Tax Clearance Certificate is not

"clearance" for all types of taxes the State of Kansas may assess.

Subcontractors also shall have a current Tax Clearance Certificate from KDOR before the

Secretary approves them for subcontract work. The Contractor shall submit to the KDOT

Field Office the Subcontractor's Tax Clearance Certificate with KDOT Form 259, Request for Approval of Subcontractor.

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Line Number Item Number Quantity Unit Unit Price Extension Price

Section 01

COMMON ITEMS

1 020100 1.000 LS

CONTRACTOR CONSTRUCTION STAKING /

2 025600 1.000 EACH

FIELD OFFICE AND LABORATORY (TYPE A) /

3 025323 1.000 LS

MOBILIZATION /

4 025324 1.000 LS

TRAFFIC CONTROL /

5 070580 1.000 HOUR $30.000 $30.00

FLAGGER (SET PRICE) /

Section 01 Total $30.00

Section 02

ROAD ITEMS

6 025361 1.000 LS

CLEARING AND GRUBBING /

7 012410 8865.000 CUYD

COMMON EXCAVATION (RURAL SMALL) /

8 012332 1075.000 CUYD

COMPACTION OF EARTHWORK (TYPE B) (MR-90) /

9 012319 7417.000 CUYD

COMPACTION OF EARTHWORK (TYPE AA) (MR-5-5) /

10 010114 1.000 MGAL $40.000 $40.00

WATER (GRADING) (SET PRICE) /

11 011590 1.000 CUYD $50.000 $50.00

TEMPORARY SURFACING MATERIAL (AGGREGATE) (SET PRICE) /

12 037208 34878.000 LNFT

SAW CUTS /

13 070296 1.000 EACH $150.000 $150.00

MAILBOX INSTALLATION (SET PRICE) /

Section 02 Total $240.00

Section 03

TEMP PRJ WTR POL CTL-SOIL EROSION

14 072222 511.500 LBS.

TEMPORARY FERTILIZER (15-30-15) /

15 065001 375.100 LBS.

TEMPORARY SEED (MIX) /

16 071291 1.000 CUYD $50.000 $50.00

SEDIMENT REMOVAL (SET PRICE) /

17 072400 1.000 LNFT $2.000 $2.00

TEMPORARY BERM (SET PRICE) /

18 072411 500.000 SQYD

GEOTEXTILE (EROSION CONTROL) /

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19 000098 1.000 LS

SWPPP DESIGN /

20 000097 27.000 EACH

SWPPP INSPECTION /

21 000103 27.000 EACH

WATER POLLUTION CONTROL MANAGER /

22 030635 4604.000 LBS.

MULCHING TACKING SLURRY /

23 030638 10.200 TON

MULCHING /

24 010123 1.000 MGAL $40.000 $40.00

WATER (EROSION CONTROL) (SET PRICE) /

Section 03 Total $92.00

Section 04

ASPHALT SURFACING ITEMS

25 041003 4630.000 TON

HMA-COMMERCIAL GRADE (CLASS A) / NON PART

26 041003 4384.000 TON

HMA-COMMERCIAL GRADE (CLASS A) /

27 013573 7751.000 SQYD

AGGREGATE SHOULDER (AS-1) ( 6") /

28 010601 56.000 TON

SURFACING MATERIAL (SPECIAL) /

29 025600 1.000 EACH

FIELD OFFICE AND LABORATORY (TYPE A) /

30 010354 1.000 MGAL $40.000 $40.00

WATER (AGGREGATE SHOULDERS) (SET PRICE) /

Section 04 Total $40.00

Section 05

PAVEMENT MARKING ITEMS

31 023139 34175.000 LNFT

PAVEMENT MARKING (MULTI-COMPONENT) (WHITE) ( 4") /

32 023143 13363.000 LNFT

PAVEMENT MARKING (MULTI-COMPONENT) (YELLOW) ( 4") /

Section 05 Total

Section 06

SEEDING ITEMS

33 030563 682.000 LBS.

FERTILIZER (13-13-13) /

34 010002 378.900 LBS.

SEED (DISTRICT TWO/FIVE SHOULDER MIX) /

Section 06 Total

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Item Total $402.00

Contractor: Page 13 Check: 699907CC0C

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12-17-20 Sheet 1 of 2

REQUIRED CONTRACT PROVISION

FEDERAL-AID CONTRACTS

PROHIBITION ON COVERED TELECOMMUNICATIONS EQUIPMENT OR SERVICES

PURSUANT TO SECTION 889 OF THE NATIONAL DEFENSE AUTHORIZATION ACT (2019)

As of August 13, 2020, recipients and subrecipients of federal aid funds are prohibited from obligating or expending loan or grant funds to procure or obtain; extend or renew a contract to procure or obtain; or enter into a contract (or extend or renew a contract) to procure or obtain equipment, services, or systems that use Covered Telecommunications Equipment or Services as a substantial or essential component of any system, or as critical technology as part of any system. See Section 889 of Public Law 115-232 (National Defense Authorization Act 2019)(NDAA). In addition to preventing direct purchases of such Covered Telecommunications Equipment or Services, federal law prevents KDOT, LPA’s, and their Contractors from using federal aid funds to pay for Covered Telecommunications Equipment or Services that the Contractor may use on a Project. Costs for such Covered Telecommunications Equipment or Services are unallowable under 2 CFR 200.216 and 2 CFR 200.471.

The term ‘‘Covered Telecommunications Equipment or Services’’ means any of the following:

Telecommunications equipment produced by and/or telecommunications services provided by Huawei Technologies Company, ZTE Corporation, Hytera Communications Corporation, Hangzhou Hikvision Digital Technology Company, or Dahua Technology Company (or any subsidiary or affiliate of such entities).

Video surveillance equipment produced by and/or video surveillance services provided by Huawei Technologies Company, ZTE Corporation, Hytera Communications Corporation, Hangzhou Hikvision Digital Technology Company, or Dahua Technology Company (or any subsidiary or affiliate of such entities).

Telecommunications and/or video surveillance services provided by third parties that are using equipment produced by Huawei Technologies Company, ZTE Corporation, Hytera Communications Corporation, Hangzhou Hikvision Digital Technology Company, or Dahua Technology Company (or any subsidiary or affiliate of such entities) in performing such services.

Telecommunications or video surveillance equipment or services produced or provided by an entity that the Secretary of Defense, in consultation with the Director of the National Intelligence or the Director of the Federal Bureau of Investigation, reasonably believes to be an entity owned or controlled by, or otherwise connected to, the government of a covered foreign country [defined under 889(f)(2) as “the People’s Republic of China”].

As a Contractor on a federal-aid construction contract with the Secretary of Transportation, as the principal contracting party for the State of Kansas or as the agent for a disclosed Local Public Authority (LPA), the Contractor shall not be required to provide to KDOT or the LPA Covered Telecommunications Equipment or Services in the performance of any contract, subcontract, supply contract, or other contractual instrument resulting from or associated with this Project. The Contractor will notify KDOT if the Contractor believes the Project scope requires the acquisition of any Covered Telecommunications Equipment or Services.

Current federal law does not prohibit the Contractor from using Covered Telecommunications Equipment or Services on the Project; however, the costs of Covered Telecommunications Equipment or Services are federal-aid non-participating. Thus, the Contractor shall notify KDOT or the LPA if the Contractor and/or any of its subcontractors or suppliers at any tier are using Covered Telecommunications Equipment or Services on the Project. This notice is necessary so KDOT can reimburse the Contractor with state funds, local funds, or a combination thereof rather than with federal-aid funds.

12-17-20 Sheet 2 of 2

The Contractor will ensure that this Required Contract Provision is included in all subcontracts, supply agreements, and other contractual instruments resulting from or associated with this Project, so the prohibition is made binding on all subcontractors and suppliers at any tier. For purposes of this Required Contract Provision, the term subcontractors and suppliers shall have the broadest application to include manufacturers, producers, and all other entities that have a contractual instrument resulting from or associated with this Project.

12-17-20 C&M (CDB)

Jan 2021 – Letting; retroactive on earlier Federal Aid Projects with payments

FHWA-1273 – Revised October 23, 2023

REQUIRED CONTRACT PROVISIONS

FEDERAL-AID CONSTRUCTION CONTRACTS

I. General II. Nondiscrimination III. Non-segregated Facilities IV. Davis-Bacon and Related Act Provisions V. Contract Work Hours and Safety Standards Act

Provisions VI. Subletting or Assigning the Contract VII. Safety: Accident Prevention VIII. False Statements Concerning Highway Projects IX. Implementation of Clean Air Act and Federal Water

Pollution Control Act X. Certification Regarding Debarment, Suspension, Ineligibility and Voluntary Exclusion XI. Certification Regarding Use of Contract Funds for

Lobbying XII. Use of United States-Flag Vessels:

ATTACHMENTS

A. Employment and Materials Preference for Appalachian Development Highway System or Appalachian Local Access Road Contracts (included in Appalachian contracts only)

I. GENERAL

1. Form FHWA-1273 must be physically incorporated in each construction contract funded under title 23, United States Code, as required in 23 CFR 633.102(b) (excluding emergency contracts solely intended for debris removal). The contractor (or subcontractor) must insert this form in each subcontract and further require its inclusion in all lower tier subcontracts (excluding purchase orders, rental agreements and other agreements for supplies or services). 23 CFR 633.102(e).

The applicable requirements of Form FHWA-1273 are incorporated by reference for work done under any purchase order, rental agreement or agreement for other services. The prime contractor shall be responsible for compliance by any subcontractor, lower-tier subcontractor or service provider. 23 CFR 633.102(e).

Form FHWA-1273 must be included in all Federal-aid design-build contracts, in all subcontracts and in lower tier subcontracts (excluding subcontracts for design services, purchase orders, rental agreements and other agreements for supplies or services) in accordance with 23 CFR 633.102. The design-builder shall be responsible for compliance by any subcontractor, lower-tier subcontractor or service provider.

Contracting agencies may reference Form FHWA-1273 in solicitation-for-bids or request-for-proposals documents, however, the Form FHWA-1273 must be physically incorporated (not referenced) in all contracts, subcontracts and lower-tier subcontracts (excluding purchase orders, rental agreements and other agreements for supplies or services related to a construction contract). 23 CFR 633.102(b).

2. Subject to the applicability criteria noted in the following sections, these contract provisions shall apply to all work performed on the contract by the contractor's own organization and with the assistance of workers under the contractor's immediate superintendence and to all work performed on the contract by piecework, station work, or by subcontract. 23 CFR 633.102(d).

3. A breach of any of the stipulations contained in these Required Contract Provisions may be sufficient grounds for withholding of progress payments, withholding of final payment, termination of the contract, suspension / debarment or any other action determined to be appropriate by the contracting agency and FHWA.

4. Selection of Labor: During the performance of this contract, the contractor shall not use convict labor for any purpose within the limits of a construction project on a Federal-aid highway unless it is labor performed by convicts who are on parole, supervised release, or probation. 23 U.S.C. 114(b).

The term Federal-aid highway does not include roadways functionally classified as local roads or rural minor collectors.

23 U.S.C. 101(a).

II. NONDISCRIMINATION (23 CFR 230.107(a); 23 CFR Part 230, Subpart A, Appendix A; EO 11246)

The provisions of this section related to 23 CFR Part 230, Subpart A, Appendix A are applicable to all Federal-aid construction contracts and to all related construction subcontracts of $10,000 or more. The provisions of 23 CFR Part 230 are not applicable to material supply, engineering, or architectural service contracts.

In addition, the contractor and all subcontractors must comply with the following policies: Executive Order 11246, 41 CFR Part 60, 29 CFR Parts 1625-1627, 23 U.S.C. 140, Section 504 of the Rehabilitation Act of 1973, as amended (29 U.S.C. 794), Title VI of the Civil Rights Act of 1964, as amended (42 U.S.C.

2000d et seq.), and related regulations including 49 CFR Parts 21, 26, and 27; and 23 CFR Parts 200, 230, and 633.

The contractor and all subcontractors must comply with: the requirements of the Equal Opportunity Clause in 41 CFR 60- 1.4(b) and, for all construction contracts exceeding $10,000, the Standard Federal Equal Employment Opportunity Construction Contract Specifications in 41 CFR 60-4.3.

Note: The U.S. Department of Labor has exclusive authority to determine compliance with Executive Order 11246 and the policies of the Secretary of Labor including 41 CFR Part 60, and 29 CFR Parts 1625-1627. The contracting agency and the FHWA have the authority and the responsibility to ensure compliance with 23 U.S.C. 140, Section 504 of the Rehabilitation Act of 1973, as amended (29 U.S.C. 794), and Title VI of the Civil Rights Act of 1964, as amended (42 U.S.C.

2000d et seq.), and related regulations including 49 CFR Parts 21, 26, and 27; and 23 CFR Parts 200, 230, and 633.

The following provision is adopted from 23 CFR Part 230, Subpart A, Appendix A, with appropriate revisions to conform to the U.S. Department of Labor (US DOL) and FHWA requirements.

1. Equal Employment Opportunity: Equal Employment Opportunity (EEO) requirements not to discriminate and to take affirmative action to assure equal opportunity as set forth under laws, executive orders, rules, regulations (see 28 CFR Part 35, 29 CFR Part 1630, 29 CFR Parts 1625-1627, 41 CFR Part 60 and 49 CFR Part 27) and orders of the Secretary of Labor as modified by the provisions prescribed herein, and imposed pursuant to 23 U.S.C. 140, shall constitute the EEO and specific affirmative action standards for the contractor's project activities under this contract. The provisions of the Americans with Disabilities Act of 1990 (42 U.S.C. 12101 et seq.) set forth under 28 CFR Part 35 and 29 CFR Part 1630 are incorporated by reference in this contract. In the execution of this contract, the contractor agrees to comply with the following minimum specific requirement activities of EEO:

a. The contractor will work with the contracting agency and the Federal Government to ensure that it has made every good faith effort to provide equal opportunity with respect to all of its terms and conditions of employment and in their review of activities under the contract. 23 CFR 230.409 (g)(4) & (5).

b. The contractor will accept as its operating policy the following statement:

"It is the policy of this Company to assure that applicants are employed, and that employees are treated during employment, without regard to their race, religion, sex, sexual orientation, gender identity, color, national origin, age or disability. Such action shall include: employment, upgrading, demotion, or transfer; recruitment or recruitment advertising; layoff or termination; rates of pay or other forms of compensation; and selection for training, including apprenticeship, pre-apprenticeship, and/or on-the-job training."

2. EEO Officer: The contractor will designate and make known to the contracting officers an EEO Officer who will have the responsibility for and must be capable of effectively administering and promoting an active EEO program and who must be assigned adequate authority and responsibility to do so.

3. Dissemination of Policy: All members of the contractor's staff who are authorized to hire, supervise, promote, and discharge employees, or who recommend such action or are substantially involved in such action, will be made fully cognizant of and will implement the contractor's EEO policy and contractual responsibilities to provide EEO in each grade and classification of employment. To ensure that the above agreement will be met, the following actions will be taken as a minimum:

a. Periodic meetings of supervisory and personnel office employees will be conducted before the start of work and then not less often than once every six months, at which time the contractor's EEO policy and its implementation will be reviewed and explained. The meetings will be conducted by the EEO Officer or other knowledgeable company official.

b. All new supervisory or personnel office employees will be given a thorough indoctrination by the EEO Officer, covering all major aspects of the contractor's EEO obligations within thirty days following their reporting for duty with the contractor.

c. All personnel who are engaged in direct recruitment for the project will be instructed by the EEO Officer in the contractor's procedures for locating and hiring minorities and women.

d. Notices and posters setting forth the contractor's EEO policy will be placed in areas readily accessible to employees, applicants for employment and potential employees.

e. The contractor's EEO policy and the procedures to implement such policy will be brought to the attention of employees by means of meetings, employee handbooks, or other appropriate means.

4. Recruitment: When advertising for employees, the contractor will include in all advertisements for employees the notation: "An Equal Opportunity Employer." All such advertisements will be placed in publications having a large circulation among minorities and women in the area from which the project work force would normally be derived.

a. The contractor will, unless precluded by a valid bargaining agreement, conduct systematic and direct recruitment through public and private employee referral sources likely to yield qualified minorities and women. To meet this requirement, the contractor will identify sources of potential minority group employees and establish with such identified sources procedures whereby minority and women applicants may be referred to the contractor for employment consideration.

b. In the event the contractor has a valid bargaining agreement providing for exclusive hiring hall referrals, the contractor is expected to observe the provisions of that agreement to the extent that the system meets the contractor's compliance with EEO contract provisions. Where implementation of such an agreement has the effect of discriminating against minorities or women, or obligates the contractor to do the same, such implementation violates Federal nondiscrimination provisions.

c. The contractor will encourage its present employees to refer minorities and women as applicants for employment.

Information and procedures with regard to referring such applicants will be discussed with employees.

5. Personnel Actions: Wages, working conditions, and employee benefits shall be established and administered, and personnel actions of every type, including hiring, upgrading, promotion, transfer, demotion, layoff, and termination, shall be taken without regard to race, color, religion, sex, sexual orientation, gender identity, national origin, age or disability.

The following procedures shall be followed:

a. The contractor will conduct periodic…