Final_RFB_605_2500000414_1_SO_FORM.PDF

Document ID: RFB 605 2500000414 Page: 1

Commonwealth of Kentucky

SOLICITATION

Modification: No Version #:

TITLE: Equip Rental Offset Drill w/OP D-10-FHWA

Date Issued:

01/22/2025 Record Date:

01/21/2025

Solicitation Closes Date:

02/12/2025 Time:

13:30

Solicitation No:

RFB 605 2500000414

Online Bidding Prohibited: No For Information Call:

ALLAN COLDIRON

502-782-3981

Bid Receiving Location:

Bid Receiving

See Terms & Conditions for Bid Submission Instructions

Other KY

Vendor Customer Number:

Vendor Name:

Phone Number:

Fax Number:

Email Address:

Ordering

Address:

City, State, Zip:

Contact Name:

Contact Email:

Contact Phone Number:

Payment

Address:

City, State, Zip:

Contact Name:

Contact Email:

Contact Phone Number:

Ownership Type

__ Sole Proprietorship __ Partnership __ Corporation __ Other_________________________

SIGNATURE OF AUTHORIZED AGENT IS REQUIRED UNLESS RESPONSE

IS SUBMITTED ELECTRONICALLY. FAILURE TO SIGN SHALL RENDER

THE BID INVALID.

Signature X_________________________________________ FEIN#____________________ Date____________

All offers subject to all terms and conditions contained in this solicitation.

Document ID: RFB 605 2500000414 Page: 2

Line Items

Commodity Group: Default Commodity Group

Line CL Description Quantity UOM Unit Cost Line Total or Contract Amnt

1 FHWA: D10 Offset Drill w/oper.KYTC provides traffic control

3200.00000 LNFT

Comm Code Comm Description Manufacturer Model # Manuf Part #

97566 Road and Highway Equipment (Not Otherwise Classified) Rental

Extended Description ***ONLY ONLINE BIDS WILL BE ACCEPTED FOR THIS RFB.*** Emailed and hard copies delivered by any method WILL NOT BE ACCEPTED.

See attached document How to Respond to an Online Bid through the Kentucky Vendor Self Service site (updated).pdf.

Please enter contact person, phone number and email in the Comments Section.

Vendors should review and update, if necessary, all addresses and contact persons for their account prior to bid submission. This information will carry forward to a contract if awarded, therefore please ensure all information is correct.

FEDERAL: Furnish (1) Modified Rotary Drill, truck or track mounted with operator to drill 7" TO 10" diameter holes in soil and rock to install (in place) steel railroad rails up to 39 feet in length and weighing up to 140 lbs per linear yard.

Rotary Drill must have capability of drilling holes that are offset a minimum of five (5) feet from the edge of the truck tire or track (if track mounted) to the center of the hole.

Drill rig must be capable of handling steel railroad rail up to 39 feet in length.

Drill rig should be powered by motor of 130 horsepower or greater with at least 16,000 lbs. pulldown pressure and a 300 CFM or greater air compressor.

Drill rig must be capable of drilling from either side or back of carrier.

Drill must have capability of drilling a maximum of forty (40) foot holes from elevation of roads.

Contractor must be able to drill and install 800 feet of railroad steel per 8 hour workday. Leeway will be given for weather and unforeseen circumstances at the Department's discretion.

KY Dept of Transportation IS responsible for cutting any railroad steel that is not flush with the estimated finished shoulder after being dropped into drilled holes.

KY Dept of Transportation will provide necessary Traffic Control.

KY Dept of Transportation will furnish steel railroad rails.

KY Dept of Transportation will provide all required site preparation.

Document ID: RFB 605 2500000414 Page: 3

2 FHWA: Offset Drill w/oper Vendor provides railroad steel.

2600.00000 LNFT

FEDERAL: Vendor to provide used railroad rail

To be completed as stated in the extended description line 1 with the vendor providing the necessary used railroad rail.

The vendor shall submit a certification stating that all manufacturing processes involved with the production of steel or iron materials occurred in the United States.

The attached recycle content form must be submitted with the bid.

Use recycled (used) railroad rails classified with a nominal weight of 130 lb/yd (pounds per yard) size or greater.

Use only visibly straight recycled railroad rails with no splices.

The Engineer will verify rail nominal weights (manufacturer's stamp with lb/yd, date, etc.).

Provide certification for nominal weight if the manufacturer's stamp is unidentifiable.

KY Dept of Transportation will provide necessary Traffic Control.

Vendor will furnish steel railroad rails.

3 FHWA: Offset Drill w/oper Vend. provide rail and traff ctrl

40000.00000 LNFT

FEDERAL: Vendor to furnish used the railroad rails and provide the necessary traffic control.

To be completed as stated in the extended description line 1 with the vendor providing used railroad rails and the necessary traffic control.

The vendor shall submit a certification stating that all manufacturing processes involved with the production of steel or iron materials occurred in the United States.

The attached recycle content form must be submitted with the bid.

Use recycled (used) railroad rails classified with a nominal weight of 130 lb/yd (pounds per yard) size or greater.

Use only visibly straight recycled railroad rails with no splices.

The Engineer will verify rail nominal weights (manufacturer's stamp with lb/yd, date, etc.).

Document ID: RFB 605 2500000414 Page: 4

Provide certification for nominal weight if the manufacturer's stamp is unidentifiable.

Vendor will provide necessary Traffic Control.

Vendor will furnish steel railroad rails.

4 FHWA: Cribbing 35000.00000 SQFT

FEDERAL: Vendor to provide the necessary traffic control.

Install cribbing as slide location dictates or as directed by the Engineer.

Extend wall cribbing 2 feet below the existing ground line as measured from the back side of the installed railroad rails.

If bedded rock is encountered, install the cribbing to the bedded rock only.

The engineer will direct changes if necessary to this procedure.

Vendor to furnish all labor and equipment to deliver and install wall cribbing on the recycled (used) railroad rail piling.

Wall cribbing shall be lapped, bolted, and attached solid to the drilled railroad rails.

Use wall cribbing: recycled (used) steel "w" beam guardrail.

Cribbing material will be furnished by the KY Dept of Transportation.

5 FHWA: Excavation and Backfill 6000.00000 CUYD

FEDERAL: Vendor to furnish backfill material and provide necessary Traffic Control.

Perform excavation and backfill as slide dictates or as directed by the Engineer.

Excavate each embankment/flood repair area to provide a platform for drilling the used railroad rails, if necessary.

Place Geotextile fabric, then construct embankment behind railroad rails, cribbing and on slope, as per Section 206 of the Kentucky Standard Specifications for Road and Bridge Construction, Current Edition.

Construct embankment up to the approximate existing pavement elevation.

Do not use excavated material from the site as fill material.

Document ID: RFB 605 2500000414 Page: 5

Use the following backfill materials: Kentucky aggregate gradation no. 2's or larger.

Backfill material shall meet requirements of Section 805 of the Kentucky Standard Specifications for Road and Bridge Construction, Current Edition.

The Engineer will use visual inspection and/or material testing, as applicable to determine acceptability.

Excess excavation may be wasted at sites on the right-of-way, only if approved by the Engineer.

Material may not be wasted in flood prone areas or in streams. If the Engineer deems no suitable sites are available within the right-of-way, the contractor will be required to waste excess material off the right-of-way at sites obtained by the contractor at no cost KY Dept of Transportation.

State: Geotextile fabric will be furnished by KY Dept of Transportation

Vendor to furnish backfill material.

6 FHWA: Guardrail Cribbing 41000.00000 LNFT

State: Vendor to provide guardrail cribbing.

7 FHWA: Filter Fabric 8000.00000 SQYD

FEDERAL: Furnish Type IV Geotextile Fabric.

Specifications for the TY IV Fabric can be reference to the 2012 KY Standard Specifications for Road and Bridge Construction.

8 FHWA: Bucket Truck w/Labor 10.00000 LNFT

The vendor shall provide a bucket truck with operators and labors. Said bucket Truck shall be able to reach at least 60ft vertically from the roadway surface. The intention for this bucket truck would be to cut trees and tree limbs that may interfere with the drilling mast of the rotary drill. This item shall include the tree cleanup as well. This item shall be bid by the hour.

Document ID: RFB 605 2500000414 Page: 6

9 FHWA :D10 Offset Drill w/oper. Vend.

provide traffic control

3200.00000 LNFT

FEDERAL: Vendor to provide necessary Traffic Control

To be completed as stated in the extended description line 1 with the vendor providing the necessary Traffic Control.

KY Dept of Transportation will furnish Steel Railroad Rails.

Shipping Information Various Shipping

See Extended Description

Various KY

Billing Information KYTC District 10 - Jackson District Office

473 Highway 15 South PO Box 621 Jackson KY 41339

Document ID: RFB 605 2500000414 Page: 7

Submission Checklist

The following items will be required to be submitted with bid:

Item Bidder with the lowest price will receive maximum score.

Bidder with the best response time will receive maximum score.

ELECTRONIC BID SUBMISSION

Bid responses shall be received by electronic submission in the eProcurement system.

Link: https://vss.ky.gov

An electronic bid shall be authorized by the proper agent of the firm by the act of submitting it electronically through the eProcurement system.

Bid information MUST be completed online. Response must contain all required information for the Solicitation.

All bidders MUST be registered in the Commonwealth eProcurement System via the Vendor Self Service System at https://vss.ky.gov

Allow 24 – 48 hours to complete Vendor Registration. Vendors must be logged in to their Vendor Self Service (VSS) account in order to submit a response. Registrations completed the day of bid closing must be completed by the Vendor in the VSS portal. The Customer Resource Center is not able to complete registrations and activate accounts on the same day. Closing dates will not be extended for Vendors not registered by the date/time of the bid closing. Vendor Self Registration Guides are provided at https://finance.ky.gov/eProcurement/Pages/doing-business-with-the-commonwealth.aspx

All bidders are cautioned to begin their electronic submission in sufficient time to complete before the closing date and time. Delays due to technical difficulties or document upload impediments shall not be justification for acceptance of a late bid or proposal. Vendor attention to this advisory is encouraged. If you need assistance, please contact the Customer Resource Center (CRC) by email at Finance.CRCGroup@ky.gov or phone 502-564-9641 or toll-free 877-973-HELP (4357).

BID PRICES SUBMITTED ON COMPANY QUOTE FORMS ARE DISCOURAGED. COMPANY TERMS AND

CONDITIONS AND/OR SALES AND USE AGREEMENTS OFTEN CONFLICT WITH STANDARD SOLICITATION

REQUIREMENTS AND MAY RESULT IN REJECTION OF BID OFFER.

Online bid responses must be in an “Accepted” status and shall be assigned a date and time stamp from the eProcurement system at the time of final acceptance and formal submission by the vendor. The system will not allow submission of an online response after the published date and time for closing.

An offer may be modified or withdrawn by electronic or written notice ONLY if received prior to the bid closing date and time. An electronic offer may be modified by applying the appropriate electronic signature and following the procedure in the state’s eProcurement signature.

PUBLIC BID READINGS

Any person wishing to hear a bid reading may call the conference line at 866-830-9434, Participant Code 21327950, at 3:00 pm, Eastern Time on the bid closing date.

BID SUBMISSION CHECKLIST

The vendor MUST include the following with the bid submission. If the items below are not submitted with the bid, the Commonwealth MUST deem the bid non-responsive and SHALL NOT be considered for award.

_____ BID INFORMATION – COMPLETED (See Section 5.00)

Document Phase Document Description Page 8

2500000414 Final Equip Rental Offset Drill w/OP D-10-FHWA Total Pages: 43 https://vss.ky.gov https://vss.ky.gov https://finance.ky.gov/eProcurement/Pages/doing-business-with-the-commonwealth.aspx https://finance.ky.gov/eProcurement/Pages/doing-business-with-the-commonwealth.aspx mailto:Finance.CRCGroup@ky.gov

All other items MUST be submitted prior to award however, vendors are strongly encouraged to include with bid submission.

_____ CERTIFICATE OF AUTHORITY – REGISTRATION WITH SECRETARY OF STATE BY FOREIGN

ENTITY (See Section 2.26)

_____ REQUIRED AFFIDAVIT(S) (See Attachments A, B, C, etc. as applicable)

_____ CERTIFICATE OF INSURANCE (See Section 1.01)

_____ NON COLLUSION CERTIFICATION (Section 1.02 E)

_____ BUY AMERICA/BABA (Section 1.02 F)

_____ DBE CERTIFICATION (Section 1.02 G)

_____ EQUIPMENT SPECIFICATION/PRODUCT LITERATURE

PLEASE READ THIS SOLICITATION AND ITS INSTRUCTIONS IN ITS ENTIRETY.

This is a Request for Bid (RFB).

Vendors shall comply with the terms and conditions stated in the solicitation.

Any efforts to negotiate these terms and conditions SHALL NOT be accepted and SHALL cause the bid to be deemed non-responsive.

Vendors should review and comply with the general bidding requirements listed under “Procurement Laws, Preference, Regulations and Policies” and “Response to Solicitation” located on the eProcurement Web page at https://finance.ky.gov/eProcurement/Pages/procurement-laws-regulations-and-policies.aspx and https://finance.ky.gov/eProcurement/Pages/doing-business-with-the-commonwealth.aspx respectively. The vendor must comply with all applicable statutes, regulations and policies related to this procurement.

Section 1 - Scope of Work - Service

1.00 - Specifications of Service Requirements

Rotary Drill with Operator(s).

Furnish (1) mounted, modified rotary drill capable of drilling 7 inch to 10-inch diameter holes 40 feet into soil and rock. The mast jib must be equipped with rigging and cable to lift entire lengths of rail, 40 feet in length and weighing approximately 2000 pounds, to be placed and seated in the bottom of the drilled holes.

The rotary drill must be capable of drilling offset a minimum of five (5) feet from the edge of the tire to the center of the holes and on a 15% slope. The rotary drill shall have a minimum of 150 horsepower motor and at least a 300 CFM compressor capable of 16,000 pounds of down pressure.

The rotary drill must be capable of drilling and installing railroad rails in a double row arrangement in a minimum of three (3) foot center to center spacing between the rows and between rails.

Document Phase Document Description Page 9

2500000414 Final Equip Rental Offset Drill w/OP D-10-FHWA Total Pages: 43 https://finance.ky.gov/eProcurement/Pages/procurement-laws-regulations-and-policies.aspx

Vendor must be capable of drilling at the proposed alignment established by the Engineer and of a consistent alignment conducive to attachment of cribbing. All equipment must be road worthy, licensed (if applicable), dependable, safe, and in good working order.

Vendor must supply the operator for the drill and supply any site support labor. The vendor will be required to supply support equipment and supplies including but not limited to acetylene blow torches (or equivalent), chains, hooks, cables, back-hoe, etc. The Department will supply and transport all railroad steel required for the operation.

This will be delivered by the Department to the work location prior to drilling work beginning. The vendor will be required to supply site support labor and equipment that includes flame cutting a lifting eye in the end of the rails as needed, pulling and maneuvering the railroad rails with a piece of equipment such as a backhoe to the drill rig, attaching chains and cables to railroad rails for pulling with the drill rig and setting in their final resting position.

Site support labor and equipment includes cutting off the railroad rails after installation two (2) inches below proposed finished roadway grade established by the Department. The Department is responsible for furnishing, delivering, and unloading individual railroad rails up to forty (40) feet in length to the project site and removing any unused pieces of rail or portions thereof. All railroad rails are the property of the Department only.

Vendor is required to maintain a minimum production rate of eight hundred (800) LF of installed railroad rails per 8-hour workday. Production rate will not be required on days of adverse weather or unforeseen circumstances at the Department’s Discretion. If daily production rate is not met, Liquidated Damages will be assessed in the amount of $500.00 per day at the Project Engineer’s discretion. Additionally, if the Vendor does not begin work within the designated response time upon receipt of a Department issued Delivery Order; the Department may assess Liquidated Damages at the rate of $500.00 per day. This shall be at the discretion of the Project Engineer.

Payment will be for the field measured length of railroad rails installed, measured from elevation drilling begins in soil or rock at ground line to installed bottom of railroad rail elevation. Each piece of steel must be measured and marked with total length prior to installation, and the amount protruding above original ground will be subtracted from the total length to establish the lineal foot payment for each hole drilled. Vendor is responsible for cutting off installed rail two (2) inches below proposed finish roadway grade established by the Department. The Department will be responsible for removing all cut off pieces of Department Furnished railroad rail from the project site.

During the steel drilling operation vendor is required to have at least a ten (10) foot lane around the equipment, allowing traffic to pass at all times unless authorization is given by the Section Engineer. During the project the vendor will not hold traffic for more than 20 minutes at a time. Vendor will communicate with the section engineer of that county no less than two calendar days prior to project starting. The vendor will also be responsible for all overhead and underground utility repairs due to damage caused by the vendor’s employee(s) and/or equipment.

Traffic Control

The vendor will provide traffic control necessary for safe operation in accordance with the Manual on Uniform Traffic Control Devices. Signs for traffic control shall be new or used in like new condition.

A link to the Manual on Uniform Traffic Control Devices can be found at: http://mutcd.fhwa.dot.gov/kno-millennium_12.28.01.htm

Used Railroad Rails The vendor shall submit a certification stating that all manufacturing processes involved with the production of steel or iron materials occurred in the United States.

Use visibly straight recycled (used) railroad rails with no splices, classified with a nominal weight of 130 lb/yd (pound per yard) size or greater. Engineer will verify rail nominal weights (manufacturer’s stamp with lb/yd, date, etc. Certification must be provided if the manufacturer’s stamp is unidentifiable.

Document Phase Document Description Page 10

2500000414 Final Equip Rental Offset Drill w/OP D-10-FHWA Total Pages: 43 http://mutcd.fhwa.dot.gov/kno-millennium_12.28.01.htm http://mutcd.fhwa.dot.gov/kno-millennium_12.28.01.htm

Price changes will be allowed on a quarterly basis for lines 3, 4, and 7 due to the volatile market for steel and aluminum. Requested price increases must be based on industry wide price changes and must be equal to the increase from suppliers with firm documentation.

The contract holder is required to furnish KYTC Division of Purchases with notice of any price decreases as soon as such decreases are available. Section 2.07 will apply to all other line items.

Cribbing:

Install cribbing as a slide location dictates or as directed by the Engineer.

Extend wall cribbing 2 feet below the existing ground line as measured from the back side of the installed railroad rails.

If bedded rock is encountered, install the cribbing to the bedded rock only.

The engineer will direct changes if necessary to this procedure.

Vendor to furnish all labor and equipment to deliver and install wall cribbing on the recycled or used railroad rail piling.

Wall cribbing shall be lapped, bolted, and attached solid to the drilled railroad rails.

Use wall cribbing: recycled (used) steel “w” beam guardrail.

Excavation and Backfill:

Perform excavation and backfill as slide dictates or as directed by the engineer.

Excavate each embankment/flood repair area to provide a platform for drilling the used railroad rails, if necessary.

Place geotextile fabric, the construct embankment behind railroad rails, cribbing and on slope, as per Section 206 of the Kentucky Standard Specifications for Road and Bridge Construction, Current Edition.

Construction embankment up to the approximate existing pavement elevation.

Do not use excavated material from the site as fill material. Use the following backfill materials; Kentucky aggregate gradation # 2’s or 23’s.

Backfill material shall meet the requirements of Section 805 of the Kentucky Standard Specifications for Road and Bridge Construction, Current Edition.

The engineer will use visual inspection and, or, material testing, as applicable to determine acceptability.

Excess excavation may be wasted at sites on the right-of-way, only if approved by the engineer.

Material may not be wasted in flood prone areas or in streams. If the engineer deems no suitable sites are available within the right-of-way, the contractor will be required to waste excess material off the right-of-way at sites obtained by the contractor at no cost to KY Department of Transportation.

Projects assigned prior to contract expiration will be considered cancelled if the work has not been initiated at the time of expiration.

Bucket Truck:

Document Phase Document Description Page 11

The vendor shall provide a bucket truck and operators necessary to cut trees and tree limbs reaching at least 60ft vertically from road surface. This item is intended to be used to clear all trees and tree limb that may interfere with the drill mast while drilling railroad steel. This item shall be bid by the hours of use on the jobsite.

This item shall be bid by the hours of use and labor on the jobsite.

1.01– Insurance Requirements

The successful bidder shall be responsible for maintaining this coverage through the entire contract term:

1. Contractor’s General Liability Insurance with limits of liability of $1,000,000.00 per occurrence.

2. Kentucky worker's compensation insurance in accordance with the requirements of KRS 45A.480 and KRS Chapter 342.

The successful bidder shall furnish an ACORD Certificate within ten (10) days of notice of intent to award with:

A. The certificate holder listed as:

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

B. The Endorsement indicating the Commonwealth and its agents as an Additional Insured for the contract resulting from this solicitation.

C. The contract number in the Description of Operations box.

Failure to furnish said certificates or to indicate the contract number shall be grounds for cancellation of the contract.

The successful bidder shall provide an up-to-date copy of the certificate upon renewal of the policy. Failure to do so shall result in cancellation of the contract.

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

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

The insurer shall have an AM Best rating of B+ or higher. Visit www.ambest.com for verification. Failure to meet this requirement may result in the bid being deemed non-responsive.

1.02 - Federal Language

Funds from the Federal Highway Administration will be used to make payment against the resulting contract. The following clauses shall apply:

A. KYTC Standard Specifications

Document Phase Document Description Page 12

2500000414 Final Equip Rental Offset Drill w/OP D-10-FHWA Total Pages: 43 http://insurance.ky.gov/company http://www.ambest.com

Except as provided herein, conform to all requirements of the Transportation Cabinet’s Current Standard Specifications for Road and Bridge Construction. Section references herein are to the Cabinet’s Current Standard Specifications for Road and Bridge Construction.

The Standard Specifications can be found at: https://transportation.ky.gov/Construction/Pages/Kentucky-Standard- Specifications.aspx

B. FHWA 1273

https://www.fhwa.dot.gov/programadmin/contracts/1273/1273.pdf

C. PROJECT WAGE RATES

The contractor shall use the Davis Bacon Act Wage Determinations for highway construction that are effective 10 calendar days prior to the submission of the bid. The project wage determinations can be found at the following link.

https://sam.gov/content/wage-determinations

Select Domain – Select Construction State – Kentucky County – Leave blank DBA Construction Type – Highway

Locality 1 – KY20250040 Locality 2 – KY20250107 Locality 3 – KY20250038 Locality 4 – KY20250039

The Davis Bacon Act Wage Determinations will be updated upon execution of a renewal of the Master Agreement at which time the contractor may ask for price adjustments based on Section 2.07.

D. PROHIBITION ON TELECOMMUNICATIONS EQUIPMENT OR SERVICES

In accordance with the FY 2019 National Defense Authorization Act (NDAA), 2 CFR 200.216, and 2 CFR 200.471, Federal agencies are prohibited, after August 13, 2020, from obligating or expending financial assistance to obtain certain telecommunications and video surveillance services and equipment from specific producers. As a result of these regulations, contractors and subcontractors are prohibited, on projects with federal funding participation, from providing telecommunication or video surveillance equipment, services, or systems produced by:

Huawei Technologies Company or ZTE Corporation (or any subsidiary or affiliate of such entities)

Hytera Communications Corporation, Hangzhou Hikvision Digital Technology Company, or Dahua Technology Company (or any subsidiary or affiliate of such entities)

E. NON COLLUSION CERTIFICATION

Per KRS 45A.325, “Any agreement or collusion among bidders or prospective bidders which restrains, tends to restrain, or is reasonably calculated to restrain competition by agreement to bid at a fixed price, or to refrain from bidding, or otherwise, is prohibited.”

Per 23 USC 112 (c) “The Secretary shall require as a condition precedent to his approval of each contract awarded by competitive bidding pursuant to subsection (b) of this section, and subject to the provisions of this section, a sworn statement, executed by, or on behalf of, the person, firm, association, or corporation to whom such contract is to be awarded, certifying that such person, firm, association, or corporation has not, either directly or

Document Phase Document Description Page 13

2500000414 Final Equip Rental Offset Drill w/OP D-10-FHWA Total Pages: 43 https://transportation.ky.gov/Construction/Pages/Kentucky-Standard-Specifications.aspx https://transportation.ky.gov/Construction/Pages/Kentucky-Standard-Specifications.aspx https://www.fhwa.dot.gov/programadmin/contracts/1273/1273.pdf https://sam.gov/content/wage-determinations https://www.law.cornell.edu/definitions/uscode.php?width=840&height=800&iframe=true&def_id=23-USC-1264422296-293024739&term_occur=999&term_src= indirectly, entered into any agreement, participated in any collusion, or otherwise taken any action in restraint of free competitive bidding in connection with such contract.”

The attached Non-Collusion Certification must be submitted to Division of Purchases prior to award of contract.

F. BUY AMERICA REQUIREMENT/ Build America, Buy America Act (BABA)

BUY AMERICA REQUIREMENT.

Follow the “Buy America” provisions as required by 23 U.S.C. § 313 and 23 C.F.R. § 635.410. Except as expressly provided herein all manufacturing processes of steel or iron materials including but not limited to structural steel, guardrail materials, corrugated steel, culvert pipe, structural plate, prestressing strands, and steel reinforcing bars shall occur in the United States of America, including the application of:

• Coating,

• Galvanizing,

• Painting, and

• Other coating that protects or enhances the value of steel or iron products.

The following are exempt, unless processed or refined to include substantial amounts of steel or iron material, and may be used regardless of source in the domestic manufacturing process for steel or iron material:

• Pig iron,

• Processed, pelletized, and reduced iron ore material, or

• Processed alloys.

The Contractor shall submit a certification stating that all manufacturing processes involved with the production of steel or iron materials occurred in the United States.

Produce, mill, fabricate, and manufacture in the United States of America all aluminum components of bridges, tunnels, and large sign support systems, for which either shop fabrication, shop inspection, or certified mill test reports are required as the basis of acceptance by the Department.

Use foreign materials only under the following conditions:

1) When the materials are not permanently incorporated into the project; or

2) When the delivered cost of such materials used does not exceed 0.1 percent of the total Contract amount or $2,500.00, whichever is greater.

The Contractor shall submit to the Engineer the origin and value of any foreign material used.

BUILD AMERICA, BUY AMERICA (BABA)

Contractor shall comply with the Federal Highway Administration (FHWA) Buy America Requirement in 23 C.F.R. § 635.410 and all relevant provisions of the Build America, Buy America Act (BABA), contained within the Infrastructure Investment and Jobs Act, Pub. L. No. 117-58, §§ 70901-52 enacted November 15, 2021. The BABA requires iron, steel, manufactured products, and construction materials used in infrastructure projects funded by federal financial assistance to be produced in the United States. Comply with 2 C.F.R § 184.

Document Phase Document Description Page 14

BABA permits FHWA participation in the Contract only if domestic steel and iron will be used on the Project.

To be considered domestic, all steel and iron used, and all products manufactured from steel and iron must be produced in the United States and all manufacturing processes, including application of a coating, for these materials must occur in the United States. Coating includes all processes that protect or enhance the value of the material to which the coating is applied. This requirement does not preclude a minimal use of foreign steel and iron materials, provided the cost of such materials does not exceed 0.1% of the total contract amount under the Contract or $2,500.00 whichever is greater.

BABA permits FHWA participation in the Contract only if all “construction materials” as defined in the Act are made in the United States. The Buy America preference applies to the following construction materials incorporated into infrastructure projects: non-ferrous metals; plastic and polymer-based products (including polyvinylchloride, composite building materials, and polymers used in fiber optic cables); glass (including optic glass); Fiber optic cable; optical fiber; lumber; engineered wood; and drywall. Contractor will be required to use construction materials produced in the United States on this Project. The Contractor shall submit a certification stating that all construction materials are certified to be BABA compliant.

Finally, BABA permits the continuation of FHWA’s current general applicability waivers for manufactured products, raw materials, and ferryboat parts, but these waivers are subject to reevaluation, specifically the general applicability waiver for manufactured products.

The Contractor has completed and submitted, or shall complete and submit, to the Cabinet a Buy America/ Build America, Buy America Certificate prior to the Cabinet issuing the notice to proceed, in the format below. After submittal, the Contractor is bound by its original certification.

A false certification is a criminal act in violation of 18 U.S.C. § 1001. The Contractor has the burden of proof to establish that it is in compliance.

At the Contractor’s request, the Cabinet may, but is not obligated to, seek a waiver of Buy America requirements if grounds for the waiver exist under 23 C.F.R. § 635.410(c) or will comply with the applicable Buy America requirements if a waiver of those requirements is not available or not pursued by the Cabinet.

Please refer to the Federal Highway Administration’s Buy America webpage for more information.

Buy America # Construction Program Guide # Contract Administration # Construction # Federal Highway Administration (dot.gov)

The Certificate of Compliance must be submitted to Division of Purchases prior to award of contract.

G. DISADVANTAGED BUSINESS ENTERPRISE PROGRAM

It is the policy of the Kentucky Transportation Cabinet (“the Cabinet”) that Disadvantaged Business Enterprises (“DBE”) shall have the opportunity to participate in the performance of highway construction projects financed in whole or in part by Federal Funds in order to create a level playing field for all businesses who wish to contract with the Cabinet. To that end, the Cabinet will comply with the regulations found in 49 CFR Part 26, and the definitions and requirements contained therein shall be adopted as if set out verbatim herein.

The Cabinet, contractors, subcontractors, and sub-recipients shall not discriminate on the basis of race, color, national origin, or sex in the performance of work performed pursuant to Cabinet contracts. The contractor shall carry out applicable requirements of 49 CFR 26 in the award and administration of federally assisted highway construction projects. The contractor will include this provision in all its subcontracts and supply agreements pertaining to contracts with the Cabinet.

Failure by the contractor to carry out these requirements is a material breach of its contract with the Cabinet, which may result in the termination of the contract or such other remedy as the Cabinet deems necessary.

Document Phase Document Description Page 15

DBE GOAL

The Disadvantaged Business Enterprise (DBE) goal established for this contract, as listed below, is the percentage of the total value of the contract.

The contractor shall exercise all necessary and reasonable steps to ensure that Disadvantaged Business Enterprises participate in a least the percent of the contract as set forth above as goals for this contract.

OBLIGATION OF CONTRACTORS

Each contractor prequalified to perform work on Cabinet projects shall designate and make known to the Cabinet a liaison officer who is assigned the responsibility of effectively administering and promoting an active program for utilization of DBEs.

If a formal goal has not been designated for the contract, all contractors are encouraged to consider DBEs for subcontract work as well as for the supply of material and services needed to perform this work.

Contractors are encouraged to use the services of banks owned and controlled by minorities and women.

CERTIFICATION OF CONTRACT GOAL

Contractors shall include the following certification in bids for projects for which a DBE goal has been established.

BIDS SUBMITTED WHICH DO NOT INCLUDE CERTIFICATION OF DBE PARTICIPATION WILL NOT BE ACCEPTED. These bids will not be considered for award by the Cabinet and they will be returned to the bidder.

“The bidder certifies that it has secured participation by Disadvantaged Business Enterprises (“DBE”) in the amount of 0% percent of the total value of this contract and that the DBE participation is in compliance with the requirements of 49 CFR 26 and the policies of the Kentucky Transportation Cabinet pertaining to the DBE Program.”

The attached DBE Certification Form must be submitted to Division of Purchases prior to award of contract.

DBEs utilized in achieving the DBE goal must be certified and prequalified for the work items at the time the bid is submitted.

DBE PARTICIPATION PLAN

Lowest responsive bidders must submit the DBE Plan/ Subcontractor Request, form TC 14-35 DBE, within 5 days of the letting. This is necessary before the Awards Committee will review and make a recommendation. The project will not be considered for award prior to submission and approval of the apparent low bidder’s DBE Plan/ Subcontractor Request.

The DBE Participation Plan shall include the following:

1. Name and address of DBE Subcontractor(s) and/or supplier(s) intended to be used in the proposed project;

2. Description of the work each is to perform including the work item, unit, quantity, unit price and total amount of the work to be performed by the individual DBE. The Proposal Line Number, Category Number, and the Project Line Number can be found in the “material listing” on the Construction Procurement website under the specific letting;

3. The dollar value of each proposed DBE subcontract and the percentage of total project contract value this represents. DBE participation may be counted as follows;

a) If DBE suppliers and manufactures assume actual and contractual responsibility, the dollar value of materials to be furnished will be counted toward the goal as follows:

• The entire expenditure paid to a DBE manufacturer;

Document Phase Document Description Page 16

• 60 percent of expenditures to DBE suppliers that are not manufacturers provided the supplier is a regular dealer in the product involved. A regular dealer must be engaged in, as its principal business and in its own name, the sale of products to the public, maintain an inventory and own and operate distribution equipment; and

• The amount of fees or commissions charged by the DBE firms for a bona fide service, such as professional, technical, consultant, or managerial services and assistance in the procurement of essential personnel, facilities, equipment, materials, supplies, delivery of materials and supplies or for furnishing bonds, or insurance, providing such fees or commissions are determined to be reasonable and customary.

b) The dollar value of services provided by DBEs such as quality control testing, equipment repair and maintenance, engineering, staking, etc.;

c) The dollar value of joint ventures. DBE credit for joint ventures will be limited to the dollar amount of the work actually performed by the DBE in the joint venture;

4. Written and signed documentation of the bidder’s commitment to use a DBE contractor whose participation is being utilized to meet the DBE goal; and

5. Written and signed confirmation from the DBE that it is participating in the contract as provided in the prime contractor’s commitment.

AFTER PROJECT AWARD AND BEFORE NOTICE TO PROCEED/WORK ORDER IS ISSUED (SEE

SECTION 103.06, STANDARD SPECIFICATIONS FOR ROAD AND BRIDGE CONSTRUCTION

Prime Contractors awarded a federally funded project with a DBE Goal greater than zero will be required to submit DBE Subcontract Agreement Form, TC 14-36, along with the attached FHWA 1273 and Certificate of Liability Insurance for each DBE Firm submitted as part of the previously approved DBE Utilization Plan (TC 14-35). A signed quote or purchase order shall be attached when the DBE subcontractor is a material supplier or broker.

The Certificate of Liability Insurance submitted must meet the requirements outlined in Section 107.18 of the Standard Specifications for Road and Bridge Construction.

Changes to APPROVED DBE Participation Plans must be approved by the Cabinet. The Cabinet may consider extenuating circumstances including, but not limited to, changes in the nature or scope of the project, the inability or unwillingness of a DBE to perform the work in accordance with the bid, and/or other circumstances beyond the control of the prime contractor.

CONSIDERATION OF GOOD FAITH EFFORTS REQUESTS

If the DBE participation submitted in the bid by the apparent lowest responsive bidder does not meet or exceed the DBE contract goal, the apparent lowest responsive bidder must submit a Good Faith Effort Package to satisfy the Cabinet that sufficient good faith efforts were made to meet the contract goals prior to submission of the bid.

Efforts to increase the goal after bid submission will not be considered in justifying the good faith effort, unless the contractor can show that the proposed DBE was solicited prior to the letting date. DBEs utilized in achieving the DBE goal must be certified and prequalified for the work items at the time the bid is submitted. One complete set (hard copy along with an electronic copy) of this information must be received in the Division of Contract Procurement no later than 12:00 noon of the tenth calendar day after receipt of notification that they are the apparent low bidder.

Where the information submitted includes repetitious solicitation letters it will be acceptable to submit a sample representative letter along with a distribution list of the firms solicited. Documentation of DBE quotations shall be a part of the good faith effort submittal as necessary to demonstrate compliance with the factors listed below which the Cabinet considers in judging good faith efforts. This documentation may include written subcontractors’ quotations, telephone log notations of verbal quotations, or other types of quotation documentation.

Document Phase Document Description Page 17

The Good Faith Effort Package shall include, but may not be limited to information showing evidence of the following:

1. Whether the bidder attended any pre-bid meetings that were scheduled by the Cabinet to inform DBEs of subcontracting opportunities;

2. Whether the bidder provided solicitations through all reasonable and available means;

3. Whether the bidder provided written notice to all DBEs listed in the DBE directory at the time of the letting who are prequalified in the areas of work that the bidder will be subcontracting;

4. Whether the bidder followed up initial solicitations of interest by contacting DBEs to determine with certainly whether they were interested. If a reasonable amount of DBEs within the targeted districts do not provide an intent to quote or no DBEs are prequalified in the subcontracted areas, the bidder must notify the Disadvantaged Enterprise Business Liaison Officer (DEBLO) in the Office for Civil Rights and Small Business Development to give notification of the bidder’s inability to get DBE quotes;

5. Whether the bidder selected portions of the work to be performed by DBEs in order to increase the likelihood of meeting the contract goals. This includes, where appropriate, breaking out contract work items into economically feasible units to facilitate DBE participation, even when the prime contractor might otherwise perform these work items with its own forces;

6. Whether the bidder provided interested DBEs with adequate and timely information about the plans, specifications, and requirements of the contract;

7. Whether the bidder negotiated in good faith with interested DBEs not rejecting them as unqualified without sound reasons based on a thorough investigation of their capabilities. Any rejection should be so noted in writing with a description as to why an agreement could not be reached;

8. Whether quotations were received from interested DBE firms but were rejected as unacceptable without sound reasons why the quotations were considered unacceptable. The fact that the DBE firm’s quotation for the work is not the lowest quotation received will not in itself be considered as a sound reason for rejecting the quotation as unacceptable. The fact that the bidder has the ability and/or desire to perform the contract work with its own forces will not be considered a sound reason for rejecting a DBE quote. Nothing in this provision shall be construed to require the bidder to accept unreasonable quotes in order to satisfy DBE goals;

9. Whether the bidder specifically negotiated with subcontractors to assume part of the responsibility to meet the contract DBE goal when the work to be subcontracted includes potential DBE participation;

10. Whether the bidder made any efforts and/or offered assistance to interested DBEs in obtaining the necessary equipment, supplies, materials, insurance and/or bonding to satisfy the work requirements of the bid proposal; and

11. Any other evidence that the bidder submits which may show that the bidder has made reasonable good faith efforts to include DBE participation.

FAILURE TO MEET GOOD FAITH REQUIREMENT

Where the apparent lowest responsive bidder fails to submit sufficient participation by DBE firms to meet the contract goal and upon a determination by the Good Faith Committee based upon the information submitted that the apparent lowest responsive bidder failed to make sufficient reasonable efforts to meet the contract goal, the bidder will be offered the opportunity to meet in person for administrative reconsideration. The bidder will be notified of the Committee’s decision within 24 hours of its decision. The bidder will have 24 hours to request reconsideration of the Committee’s decision. The reconsideration meeting will be held within two days of the receipt of a request by the bidder for reconsideration.

Document Phase Document Description Page 18

The request for reconsideration will be heard by the Office of the Secretary. The bidder will have the opportunity to present written documentation or argument concerning the issue of whether it met the goal or made an adequate good faith effort. The bidder will receive a written decision on the reconsideration explaining the basis for the finding that the bidder did or did not meet the goal or made adequate Good Faith efforts to do so.

The result of the reconsideration process is not administratively appealable to the Cabinet or to the United States Department of Transportation.

The Cabinet reserves the right to award the contract to the next lowest responsive bidder or to rebid the contract in the event that the contract is not awarded to the low bidder as the result of a failure to meet the good faith requirement.

SANCTIONS FOR FAILURE TO MEET DBE REQUIREMENTS OF THE PROJECT

Failure by the prime contractor to fulfill the DBE requirements of a project under contract or to demonstrate good faith efforts to meet the goal constitutes a breach of contract. When this occurs, the Cabinet will hold the prime contractor accountable, as would be the case with all other contract provisions. Therefore, the contractor’s failure to carry out the DBE contract requirements shall constitute a breach of contract and as such the Cabinet reserves the right to exercise all administrative remedies at its disposal including, but not limited to the following:

• Suspension of Prequalification;

• Disallow credit toward the DBE goal;

• Withholding progress payments;

• Withholding payment to the prime in an amount equal to the unmet portion of the contract goal; and/or

• Termination of the contract.

PROMPT PAYMENT

The prime contractor will be required to pay the DBE and Non-DBE Subcontractors within seven (7) working days after he or she has received payment from the Kentucky Transportation Cabinet for work performed or materials furnished.

CONTRACTOR REPORTING

All contractors must keep detailed records and provide reports to the Cabinet on their progress in meeting the DBE requirement on any highway contract. These records may include, but shall not be limited to payroll, lease agreements, cancelled payroll checks, executed subcontracting agreements, etc. Prime contractors will be required to complete and submit a signed and notarized Affidavit of Subcontractor Payment (TC 18-7) and copies of checks for any monies paid to each DBE subcontractor or supplier utilized to meet a DBE goal. These documents must be completed and signed within 7 days of being paid by the Cabinet.

Payment information that needs to be reported includes date the payment is sent to the DBE, check number, Contract ID, amount of payment and the check date. Before Final Payment is made on this contract, the Prime Contractor will certify that all payments were made to the DBE subcontractor and/or DBE suppliers.

******* IMPORTANT *******

Please mail the original, signed and completed TC (18-7) Affidavit of Subcontractor Payment form and all copies of checks for payments listed above to the following address:

Office for Civil Rights and Small Business Development

200 Mero Street 6th Floor West

Document Phase Document Description Page 19

Frankfort, KY 40622

The prime contractor should notify the KYTC Office for Civil Rights and Small Business Development seven (7) days prior to DBE contractors commencing work on the project. The contact in this office is Mr. Tony Youssefi.

Mr. Youssefi’s current contact information is email address – tyousseffi@ky.gov and the telephone number is (502) 564-3601.

DEFAULT OR DECERTIFICATION OF THE DBE

If the DBE subcontractor or supplier is decertified or defaults in the performance of its work, and the overall goal cannot be credited for the uncompleted work, the prime contractor may utilize a substitute DBE or elect to fulfill the DBE goal with another DBE on a different work item. If after exerting good faith effort in accordance with the Cabinet’s Good Faith Effort policies and procedures, the prime contractor is unable to replace the DBE, then the unmet portion of the goal may be waived at the discretion of the Cabinet.

H. NOTICE OF REQUIREMENT FOR AFFIRMATIVE ACTION TO ENSURE EQUAL EMPLOYMENT

OPPO…