Final_RFB_605_2600000478_1_SO_FORM.PDF

Document ID: RFB 605 2600000478 Page: 1

Commonwealth of Kentucky

SOLICITATION

Modification: No Version #:

TITLE: FHWA Equipment Rental Offset Drill w/operator D12

Date Issued:

03/25/2026 Record Date:

03/25/2026

Solicitation Closes Date:

04/16/2026 Time:

13:30

Solicitation No:

RFB 605 2600000478

Online Bidding Prohibited: No For Information Call:

Nick Cavender 502-782-3979

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 2600000478 Page: 2

Line Items

Commodity Group: Default Commodity Group

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

1 FHWA-Offset Drill w/Op Vendor Provides Railroad Steel.

33000.00000 LNFT

Comm Code Comm Description Manufacturer Model # Manuf Part #

97535 Equipment With Operator, Rental or Lease

Extended Description Furnish (2) modified rotary drill(s), truck or track mounted with operator(s) to drill 7" TO 10" diameter holes in soil and rock to install and place 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 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 road elevation.

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

Vendor to furnish used railroad rails.

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.

***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.

2 FHWA-Offset Drill w/Op Department Furnishes Railroad Steel

2000.00000 LNFT

Extended Description Furnish (2) modified rotary drill(s), truck or track mounted with operator(s) to drill 7" TO 10" diameter holes in soil and rock to install and 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

Document ID: RFB 605 2600000478 Page: 3 the center of the hole.

Drill rig must be capable of handling 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 road elevation.

The Department will make the railroad steel available at the nearest KYTC D-12 maintenance facility. The vendor will be responsible for picking up and delivering the railroad steel to the work site. The Department may assist with loading the railroad steel at the maintenance facility.

Vendor shall return all unused railroad steel to the KYTC facility from which the material was obtained.

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

3 FHWA - Cribbing Provided by Vendor 27000.00000 SQFT

Extended Description Vendor to furnish and install cribbing at slide location as directed by Engineer. Vendor furnished cribbing must be galvanized guardrail, reinforced concrete panels, or equivalent material as approved by Engineer.

4 FHWA- Excavation & Backfill 3000.00000 CUYD

Extended Description Perform excavation as the slide repair dictates or as directed by the Engineer. Obtain written permission from Engineer before wasting excavated material on right-of-way. If the Engineer deems no suitable sites are available within right-of-way, the vendor will be required to obtain off site waste areas at no additional cost to the Department. The vendor shall provide the Department with property owner agreements for each off site waste area.

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

Do not use excavated material from site as fill material.

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

Document ID: RFB 605 2600000478 Page: 4

5 FHWA - Fabric Geotextile Class I - Provided by Vendor

8200.00000 SQYD

Extended Description Vendor to provide and install Class I Geotextile fabric in accordance with Section(s) 843 and 214 of the Kentucky Standard Specifications for Road and Bridge Construction, Current Edition

When requested by the Department, the Vendor shall provide material certification certifying the material confirms to the specifications noted above.

6 FHWA-Cyclopean RipRap - Embankment Depths 0 - 12FT

1300.00000 TON

Extended Description Place cyclopean riprap on embankments at depths and thickness as directed by Engineer

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

Vendor shall provide a certified weight ticket for every load. Payment will be made based upon the certified weight tickets for the installed quantity.

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

Minimum Order - 150 Ton.

7 FHWA- Cyclopean RipRap - Embankment Depths 13 - 30FT.

200.00000 TON

Extended Description Place cyclopean riprap on embankments at depths and thickness as directed by Engineer

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

Vendor shall provide a certified weight ticket for every load. Payment will be made based upon the certified weight tickets for the installed quantity.

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

Minimum Order - 300 Ton.

Document ID: RFB 605 2600000478 Page: 5

8 FHWA-Excavation Cyclopean RipRap - Embankment Depths 0-12 FT

250.00000 CUYD

Extended Description Excavate all necessary material required to facilitate the placement of cyclopean riprap. Which shall include, but not limited to: embankment benches, undercut for toe wall, loose and failed material.

Obtain written permission from Engineer before wasting excavated material on right-of-way. If the Engineer deems no suitable sites are available within right-of-way, the vendor will be required to obtain off site waste areas at no additional cost to the Department. The vendor shall provide the Department with property owner agreements for each off-site waste area.

9 FHWA-Excavation Cyclopean RipRap- Embankment Depths 13 - 30FT

50.00000 CUYD

Extended Description Excavate all necessary material required to facilitate the placement of cyclopean riprap. Excavation may include, but not limited to: creating embankment benches, undercut for toe wall, slipped or failed material.

Obtain written permission from Engineer before wasting excavated material on right-of-way. If the Engineer deems no suitable sites are available within right-of-way, the vendor will be required to obtain off site waste areas at no additional cost to the Department. The vendor shall provide the Department with property owner agreements for each off-site waste area.

10 FHWA- Guardrail Removal 3800.00000 LNFT

Extended Description Remove guardrail as directed by the Engineer in accordance with Section 719.03.03 of the Kentucky Standard Specifications for Road and Bridge Construction, Current Edition. Except the vendor shall take possession of the guardrail posts, offset blocks, terminal sections and guardrail components.

The vendor shall deliver the w-beam rail sections to the nearest KYTC D-12 maintenance facility. The Department will identify a location at the local maintenance facility for the Vendor to unload the w-beam rail sections. The Vendor shall stack w-beam rail 45 per bundle (3 wide, 15 high, overlapped).

Document ID: RFB 605 2600000478 Page: 6

11 FHWA - Bucket Truck with Operator 20.00000 HOUR

Extended Description Vendor furnished bucket truck with operator capable of cutting trees and limbs to a height sufficient to clear site for their drill mast.

Operator must be properly trained for the bucket truck operations and wear the appropriate PPE's.

12 FHWA - Traffic Control 1100.00000 HOUR

Extended Description Vendor shall supply traffic control in accordance with the following: MUTCD, KYTC standard drawings, KYTC sepia drawings and Section 112 of the Kentucky Standard Specifications for Road and Bridge Construction, Current Edition

With permission from Engineer, the vendor may elect to use temporary traffic signals for portable signals with appropriate signing in accordance with MUTCD, KYTC standard drawings, KYTC sepia drawings.

The hourly rate shall include everything required to confirm with the requirements noted above.

Flaggers shall wear appropriate PPEs and must stay in constant communication with one another.

If the Department intends to provide traffic control, this item will be omitted from the delivery order.

Shipping Information Various Shipping

See Extended Description

Various KY

Billing Information KYTC District 12 - Pikeville District Office

109 Loraine Street

Pikeville KY 41501

Document ID: RFB 605 2600000478 Page: 7

Submission Checklist

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

Item Bidder with the lowest bid receives maximum score.

95 Points Bidder with the lowest response receives maximum score.

5 Points

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)

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)

Document Phase Document Description Page 8

2600000478 Final FHWA Equipment Rental Offset Drill w/operator D12

Total Pages: 45 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

_____ CERTIFICATE OF INSURANCE (See Section 1.11)

_____ NON COLLUSION CERTIFICATION (Section 1.12 E)

_____ BUY AMERICA/BABA (Section 1.12 F)

_____ DBE CERTIFICATION (Section 1.12 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

All work shall be performed in accordance with the Department’s Current Standard Specifications for Road and Bridge Construction and applicable Special Provisions except as specified hereafter.

Prior to starting work on a repair site. The Vendor shall submit an excavation locate request to the Kentucky Contact Center (KY 811).

The equipment will be furnished in good mechanical working condition, fully operated with one (1) operator and with all maintenance and repairs including fuel and lubrication necessary for its operation.

The equipment will be delivered to the place of beginning of operation with no expense to the Transportation Cabinet, and upon completion of the work the equipment will be transported away from the place of operations without expense to the Transportation Cabinet.

The equipment and the operator will be under the supervision and subject to the orders of the Transportation Cabinet, who shall direct the time and place for the use of such equipment.

Coordination with Department – Upon receipt of a delivery order, the Vendor shall schedule an onsite project meeting with the Engineer to discuss the project limits, expectations, required shoulder offset, etc. And to determine if utilities are obstructing the site. In the event utility relocations are required. The Department will schedule a utility coordination meeting. The Vendor shall attend this meeting and provide the utility companies with the requirements to clear the site of utilities.

1.01-Offset Drill w/Operator

Furnish Modified Rotary Drill, truck or track mounted, to be utilized as directed and assigned by Department personnel. Contractor shall have the ability to furnish a minimum of two (2) Modified Rotary Drills at any time, at the request of the District. Each Modified Rotary Drill shall be provided with an operator and have the ability to drill 7 inch to 10-inch diameter holes in soil and rock to install railroad rails up to 39 feet in length and classified with a nominal weight of 130 lb./yd (pounds per yard) size or greater.

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2600000478 Final FHWA Equipment Rental Offset Drill w/operator D12

Total Pages: 45 https://finance.ky.gov/eProcurement/Pages/procurement-laws-regulations-and-policies.aspx https://finance.ky.gov/eProcurement/Pages/doing-business-with-the-commonwealth.aspx

Rotary Drills shall have the 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 rigs should be powered by motor of 130 horsepower, or greater, with a minimum of 16,000 lbs. pulldown pressure and a 300 CFM or greater air compressor.

Rotary Drills must be capable of drilling from either side or back of the carrier. Drill rigs must have the capability of drilling a maximum of forty (40) foot holes from road elevation and be capable of handling railroad rails up to 39 feet in length. Drill must be capable of installing the railroad rails in a staggered double row arrangement with a minimum spacing of 2-foot center to center between the rows and a spacing between the rails of 2 feet minimum and 4 feet maximum. For each drill requested, the Vendor must be able to drill and install 800 feet of railroad rails per 8- h o u r workday. Consideration will be given for weather and unforeseen circumstances at the Department’s discretion. Drill rig must be dependable, safe, and in good working order. Vendor must abide by Air Quality Requirements outlined in 401 KAR 63:010, fugitive emission regulations. If the Vendor fails to properly control fugitive emissions, the Department will stop work, until the Vendor can demonstrate the ability to prevent fugitive emissions.

The vendor must be capable of drilling steel of a consistent alignment conductive to attachment of cribbing. Drill must be capable of drilling through embankment material and into bedrock. The typical embedment into bedrock will be no less than one-half the free end length of the rail. The Department will monitor each hole, which will serve as a sounding. The Engineer will determine the final embedment length and final depth to be drilled. Allow adequate size of the drilled socket to allow for free insertion of the railroad rail, but the maximum socket size shall not exceed one foot in diameter.

After each hole is drilled, install railroad rail immediately with the flanges positioned parallel to the roadway and the long flange adjacent to the road. Immediately backfill the sockets after installing the railroad rail using the following approved materials free flowing sand, pea gravel, crushed limestone, or crushed sandstone. The backfill material shall have 100% passing the ½ sieve. Shovel or drop the backfill material into the hole in small amounts.

Avoid bridging the rail and the sides of the holes. Do not use Auger tailings as backfill material. The backfilling is incidental to the price per linear foot.

The railroad rail shall be flush with the top of the cribbing wall. Vendor will be required to cut off excess or pull up low pieces to ensure steel is flush with cribbing wall. The Vendor will take possession of all unusable cutoffs for both Vendor and Department provided rail. Vendor will be responsible for returning any unused railroad, other than unusable cutoffs, provided by the Department. The rail shall be returned to the KYTC D-12 maintenance facility from which the material was obtained.

After completing the installation of the railroad rails. The Vendor shall start the cribbing, excavation and backfill operations within (7) calendar days. Consideration will be given for weather and unforeseen circumstances at the Department’s discretion.

The Department will make payment based upon the field measured in-place quantity. The Department will not measure cutoffs, excess, and waste.

1.02- Cribbing

Install wall cribbing on any exposed portion of railroad rail before placing backfill. Ensure cribbing is installed across bottom of excavation to provide a solid floor for backfill material. Extend cribbing wall (2) feet below the existing ground line or (12) feet below the proposed roadway elevation, or as directed by the Engineer. If bedrock is encountered, install cribbing to the bedrock only. Lap, bolt, weld, and attach cribbing solid to the drilled railroad rails. Insure entire cribbing wall is bearing on drilled railroad rails. Take necessary corrective measures to ensure railroad rail is supporting the entire cribbing wall. The top of the cribbing wall will be established by projecting the cross slope of the estimated final roadway surface to the edge of the reconstructed shoulder. Measures will be taken to ensure the cribbing wall does not create ponding water.

The Department will measure cribbing in square feet of finished in-place area. The Department will not measure laps, cutoffs, excess and waste.

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2600000478 Final FHWA Equipment Rental Offset Drill w/operator D12

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1.03 – Excavation and Backfill

Excavate each repair site as directed by Engineer to provide a platform for drilling the railroad rails; place cribbing and granular backfill; and excavation as necessary for slopes, ditches, shoulders, and drainage. Limit damage to or removal of the existing pavement. The Engineer may direct that the excavating equipment bucket size and width to be adjusted to achieve the excavation minimizing damage to the pavement, utilities, drilled steel, etc. After completing excavation, place geotextile fabric, and then backfill behind cribbed railroad rails. Construct backfill up to approximately (4) inches below the existing pavement elevation. Place backfill in lifts of (2) feet or less in such a way to limit settlement to the area and tamp with excavator bucket. Roll the final lift with excavation equipment to insure backfill is fully compacted.

Do not use excavated material as backfill.

The final (4) inches of backfill material shall be DGA. The DGA will extend the full width of the reconstructed shoulder or a maximum width of (4) feet. Do not pond water on the shoulder area or at the shoulder edge. The DGA will be considered incidental to excavation and backfill.

The Vendor shall be responsible for installing temporary erosion control measures such as: temporary mulch, silt checks and temporary silt fence. Temporary erosion control measures will be considered incidental to excavation and backfill.

All disturbed areas shall receive final dressing with seed and protect. These items will also be considered incidental to excavation and backfill.

Obtain written permission from Engineer before wasting excavated material on right-of-way. If the Engineer deems no suitable sites are available within right-of-way, the vendor will be required to obtain off site waste areas at no additional cost to the Department. The vendor shall provide the Department with property owner agreements for each off-site waste area.

The Department will make payment based upon field measurements for the calculated volume of the installed in-place quantity.

1.04 – Geotextile Fabric

Vendor to provide and install Class I Geotextile fabric in accordance with Section(s) 843 and 214 of the Kentucky Standard Specifications for Road and Bridge Construction, Current Edition. The fabric is to be used for cribbing walls and placement of cyclopean riprap.

The Department will field measure the quantity in square yards of finished in-place area. The Department will not measure laps, seams, cut offs, excess, or waste.

1.05 – Cyclopean RipRap

Vendor to provide and install cyclopean riprap in locations as directed by Engineer. The Engineer will determine the required thickness and limits of the repair site. When working near streams, insure final placement of riprap does not restrict flow of stream.

The Department will make payment based upon certified weight tickets for the installed quantity.

1.06 – Excavation for Cyclopean RipRap

Vendor to preform excavation to facilitate the placement of cyclopean riprap. The excavation may include but is not limited to: embankment benches, undercut for toe wall, loose and failed material.

Obtain written permission from Engineer before wasting excavated material on right-of-way. If the Engineer deems no suitable sites are available within right-of-way, the vendor will be required to obtain off site waste areas at no additional cost to the Department. The vendor shall provide the Department with property owner agreements for each off-site waste area.

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2600000478 Final FHWA Equipment Rental Offset Drill w/operator

The Department will make payment based upon field measurements for the calculated volume of removed material.

1.07 – Remove Guardrail

Remove guardrail as directed by the Engineer in accordance with Section 719.03.03 of the Kentucky Standard Specifications for Road and Bridge Construction, Current Edition. Except the vendor shall take possession of the guardrail posts, offset blocks, terminal sections and guardrail components. Care must be taken to ensure the guardrail is not damaged during removal. Do not cut the guardrail, sections must be unbolted at splices. DO NOT leave blunt ends exposed to traffic. The vendor shall provide a temporary end by removing the guardrail posts for an additional 25FT beyond the repair site. One end of the remaining guardrail section(s) will remain attached to the last post with the opposite end being slightly flared and completely buried into the existing shoulder. The temporary end will be incidental to the removal of guardrail and will not be measured for payment. If the Vendor leaves blunt ends exposed to traffic. The Department will access a penalty of $1,000 per calendar day until corrected.

The vendor shall deliver the w-beam rail sections to the nearest KYTC D-12 maintenance facility. The Department will identify a location at the local maintenance facility for the Vendor to unload the w-beam rail sections. The Vendor shall stack w-beam rail 45 per bundle (3 wide, 15 high, overlapped).

The Department will make payment for linear feet of guardrail delivered to the nearest KYTC D-12 maintenance facility. The Department will not measure delivery and stacking of the guardrail for payment and will consider it incidental to this item of work.

1.08 - Bucket Truck with Operator

Vendor furnished bucket truck with operator capable of cutting trees and limbs to a height sufficient to clear site for their drill mast. Operator must be properly trained for the bucket truck operations and wear the appropriate PPE’s.

The Department will make payment at the hourly rate for the time required to clear the site of trees and limbs. With the exception of traffic control, which is a separate item. The hourly rate shall include all equipment, labor and support personnel required to clear the site of trees and limbs. The Department will not make separate payment for tree/limb removal.

1.09 - Traffic Control

Vendor shall supply traffic control in accordance with the following: MUTCD, KYTC standard drawings, KYTC sepia drawings and Section 112 of the Kentucky Standard Specifications for Road and Bridge Construction, Current Edition. Traffic control devices shall be new or used in like new condition. At the discretion of the Engineer, the Department may specify days and hours when lane closures will not be allowed. Prior to beginning work, a proposed lane closure and work schedule must be approved by the Engineer. Notify the Engineer immediately and obtain prior approval of any proposed deviations for the approved schedule. Maintain alternating one-way traffic during construction. Unless directed otherwise by the Engineer, provide a minimum clear lane width of 9 feet. If traffic should be stopped due to repair operations, and a school bus or emergency vehicle on official run arrives on scene, immediately make provisions for the passage of the bus or emergency vehicle.

If the Engineer determines that work site conditions require all traffic be stopped while drilling operations are in progress, stop traffic for the length of time required to drill and set one rail. Allow all waiting traffic to pass before starting the next hole. If an emergency vehicle or school bus is present in the queue, stop drilling and allow traffic to pass immediately. If the vendor fails to allow waiting traffic to pass before starting the next hole, the Department will access a penalty of $1,000 per occurrence. The vendor’s invoice will be reduced by an amount equal to the sum of the penalties.

Except as permitted by the Engineer, do not leave lane closures in place during non-working hours. If permitted the Engineer may require additional signing and/or traffic control devices.

Upon request by the Department, the Vendor shall submit proof all flaggers have been trained in current MUTCD flagging procedures. Flagging credentials must be current within the last (5) years.

The Department shall stop work, if the Vendor is found to be working without the proper traffic control devices.

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Upon request by the Department, the Vendor shall submit current certifications for Work Zone Traffic Control Supervisor and Work Zone Traffic Control Technician

1.10 – Final Inspection

After completion of the delivery order. The Department intends to complete a final inspection of the repair site(s).

The final inspection shall be completed within 30 calendar days of completion of the delivery order. The Engineer will provide the Vendor a written final inspection report. If the final inspection report requires corrective work. The Vendor will have 30 calendar days from receipt of the final inspection report to complete the required corrective work. If corrective work remains incomplete after 30 calendar days. The Department will assess a penalty of $250/ calendar day. For each calendar day work remains incomplete.

The Department will withhold 10% of the Vendor’s invoice pending completion of the final inspection and potential corrective work.

1.11– Required Insurance Coverage The awarded vendor(s) shall be responsible for maintaining, and not reducing, the following insurance coverages, types, and limits of liability. Further awarded vendor shall be able to produce evidence of insurance in compliance with (C) through the entire contract:

A. Commercial General Liability Insurance in accordance with minimum limits of liability of $1,000,000.00 per occurrence, $2,000,000.00 aggregate. The Commonwealth, in the Request for Solicitation, may require higher limits depending on the type of solicitation.

B. Additional Types of Insurance

1. Automobile Liability Insurance (If Applicable) Automobile Liability Insurance is required for delivery, onsite training, services or events in all situations where the Contractor must drive to any property where Commonwealth operations occur. With regard to delivery, if the items requested in this solicitation will be delivered by the awarded Contractor or Subcontractor, proof of Automobile Liability Insurance must be provided prior to award. If items will be delivered by common courier (USPS, FedEx, UPS, Old Dominion Freight Line, etc.), this requirement does not apply.

The Contractor or Subcontractor must provide a certificate of insurance coverage for any vehicle used in performance of this contract, whether owned, non-owned, or hired, or other vehicles utilized by the Contractor or Subcontractor.

Said policy of insurance to have a minimum coverage limit of $1,000,000.00 per occurrence combined single limit for bodily injury, including death, and property damage.

This requirement does not apply if the Contractor does not own, lease, or hire any automobiles to be used in connection with performance under any Contract resulting from this Solicitation.

2. Kentucky Workers Compensation Insurance (if applicable)

The coverage must comply with KRS 45A.480 and KRS Chapter 342.

C. Evidence of Insurance Coverage

The successful bidder shall provide evidence of insurance coverage as required. Failure to do so shall constitute a material breach of this Contract and may result in immediate cancellation of the Contract.

For all required insurance coverages, during the course of the Contract, the awarded vendor shall not be self-insured or utilize a Captive Insurer or a fronting policy that shifts risk back to the awarded vendor without prior written approval by the Office of the Controller of the Commonwealth.

Further, the awarded vendor shall not utilize an insurer or similar entity not in good standing with the Insurance Commissioner to fulfill the insurance requirements of the contract without prior written approval by the Office of the Controller of the Commonwealth.

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Such approvals may require additional financial review, proof of funds, or bonding requirements sufficient for the risk associated with the services covered by the Contract, and approval or rejection is within the sole discretion of the Commonwealth’s Office of the Controller.

Contractor shall furnish the Certificate of Insurance prior to award and shall, upon request of the Commonwealth at any time during the contract term, provide a current, valid Certificate of Insurance.

Contractor and/or its insurer shall provide immediate notice of nonrenewal or cancellation of coverage during the course of the Contract.

All Certificates of Insurance must be signed by an authorized representative of the insurance agency, 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. 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. A list of authorized companies can be found at https://insurance.ky.gov/ppc/ Company/Default.aspx.

A Certificate of Insurance (COI) on an ACORD form shall include the following:

o The certificate holder shall be listed as:

Kentucky Transportation Cabinet Division of Purchases

200 Mero Street, 4th Floor Frankfort, Kentucky 40622 o Endorsement of Additional Insured. Certificate of Insurance must contain the following language in the Description of Operations box:

“The Commonwealth and its agents are Additional Insureds for the contract resulting from the solicitation. Additional insured protection afforded is on a primary and non-contributory basis.”

A copy of the Endorsement of Additional Insured must be submitted with the Certificate of Insurance.

o The contract number in the Description of Operations box.

D. Subcontractors

If the contract allows for Subcontractors and utilizes Subcontractors, prior to the commencement of any work by a Subcontractor.

o The primary Contractor’s Certificate of Insurance must identify coverage that meets or exceeds the insurance requirements defined in this contract and that covers Subcontractor and its work in support of the Contract or the Subcontractor must submit and maintain a Certificate of Insurance that also meets or exceeds the insurance requirements of the Primary Contractor defined in this contract, with an Additional Insured Endorsement.

o KYTC reserves the right to request copies of all Subcontractor’s Certificate(s) of Insurance at any time.

1.12 - 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

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.

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Total Pages: 45 http://www.ambest.com https://insurance.ky.gov/ppc/Company/Default.aspx https://insurance.ky.gov/ppc/Company/Default.aspx

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 – KY20260040 Locality 2 – KY20260107 Locality 3 – KY20260038 Locality 4 – KY20260039

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 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 AND BUILD AMERICA, BUY AMERICA (BABA) ACT

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1.0 BUY AMERICA REQUIREMENT

Follow the “Buy America” provisions as required by Title 23 Code of Federal Regulations § 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.

The use of foreign steel and iron materials may only be 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.

2.0 BUILD AMERICA, BUY AMERICA (BABA)

The Contractor shall comply with the Federal Highway Administration (FHWA) Buy America Requirement in Title 23 Code of Federal Regulations § 635.410 and all relevant provisions of the Build America, Buy America (BABA) Act, contained within the Infrastructure Investment and Jobs Act (IIJA), Pub. L. No. 117-58, §§ 70901-52 enacted November 25, 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. The Contractor shall comply with Title 2 C.F.R. § 184.

A) Iron and Steel Requirements. 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 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 was 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.

B) Construction Material Requirements. BABA permits FHWA participation in the Contract only if all “construction materials”, as defined in the IIJA and OMB Memorandum M-24-02, are produced in the United States.

The Buy America preference applies to the following materials incorporated into infrastructure projects:

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• 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

• drywall

C) Manufactured Products Requirements. All manufactured products incorporated into the project must comply with the following:

1) All manufactured products used in Federal-aid projects must have final assembly occur in the United States to be considered Buy America compliant.

2) Effective with the October 2026 letting, in addition to the requirement specified in paragraph 1), the cost of the components of the manufactured product that are mined, produced or manufactured in the United States must be greater than 55% of the total cost of all components of the manufactured product. Each manufactured item must be classified into one of the following categories: iron or steel product, manufactured product, construction material or another product category as specified by law or in 2 CFR Part 184. Items shall not be classified into multiple categories.

3.0 ADDITIONAL BABA ACT REQUIREMENTS.

A) De Minimis Waiver. The De Minimis Costs portion waives the application of the requirements of the BABA Act for construction materials and manufactured products under a single financial assistance award when the total value of the non-compliant products is no more than the lesser of $1,000,000 or 5% of the total applicable costs for the project. Applicable costs are defined as the costs of all steel, iron, manufactured products and construction materials. Cement and cementitious materials; aggregates such as stone, sand, or gravel; and binding agents and additives, standing alone, should not be included in the determination of total applicable project costs. The De Minimis waiver cannot be applied to a single item exceeding $1,000,000 in value.

If the Contractor seeks to utilize the waiver, the entire administrative burden lies solely with the Contractor, including all documentation and tracking of actual costs of steel, iron, manufactured products and construction materials to ensure that the 5% threshold is not exceeded. Records must be retained for at least five (5) years after receipt of the Contractor’s Final Release Letter.

Additionally, the Contractor shall notify the Engineer in writing of the intent to utilize the waiver prior to purchasing any De Minimis material and/or products. This written notice shall include the estimated cost of the De Minimis material and/or products and the estimated total applicable costs for the project. Any noncompliant items outlined in the project specific Utilities and Rail Certification Note shall also be included.

B) Certification. Prior to the issuance of the Notice to Proceed, the Contractor shall submit a Department approved Build America, Buy America Certificate, certifying compliance with all applicable requirements. Once submitted, the Contractor is bound by the Certification. A false certification is a violation of 18 U.S.C. § 1001 and may result in criminal penalties. The Contractor bears the burden of proof of compliance.

In addition to the required Contractor certification, each manufacturer and/or supplier shall submit a certification to certify materials or supplies are in compliance with the applicable domestic material content procurement preferences found in the Buy America Act requirements (23 CFR 635.410) and the BABA Act (BABA) requirements (2 CFR part 184). The individual completing this form takes full responsibility for the information

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2600000478 Final FHWA Equipment Rental Offset Drill w/operator included in the form. The manufacturer/supplier shall utilize the AASHTO Domestic Materials Self-Certification Form.

C) Project Specific Waiver. 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. The time associated with the project specific waiver process will be considered non-compensable. Refer to the Federal Highway Administration’s Buy America webpage for more information.

4.00 DEFINITIONS.

A) Construction Materials. Pursuant to the definition in 2 CFR 184.3, construction materials are articles, materials or supplies that consist of only one of the following items. Minor additions of articles, materials, supplies or binding agents to a construction material do not change the categorization of a material as a “construction material”. All manufacturing processes for the construction material must occur in the United States.

• non-ferrous metals;

• plastic and polymer-based products (including polyvinylchloride, composite building materials, and polymers used in fiber optic…