Final_RFB_605_2600000635_2_SO_FORM.PDF

Document ID: RFB 605 2600000635 Page: 1

Commonwealth of Kentucky

SOLICITATION MODIFICATION

Modification: Yes Version #: 2

TITLE: Eq Rental Offset Drill w/Operator D-8 FHWA ER Eligible

Date Issued:

06/18/2026 Record Date:

06/18/2026

Solicitation Closes Date:

06/25/2026 Time:

13:30

Solicitation No:

RFB 605 2600000635

Reason for Modification

6/18/2026 - Addendum 1: To answer bidder question and to add 7 new commodity lines to the solicitation.

Bid closing date shall remain the same.

No other changes have been made.

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____________

Document ID: RFB 605 2600000635 Page: 2

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

Document ID: RFB 605 2600000635 Page: 3

Line Items

Commodity Group: Default Commodity Group

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

1 Offset Drill w/Operator(Dept Furnished Rail) FHWA ER Eligibl

1000.00000 LNFT

Comm Code Comm Description Manufacturer Model # Manuf Part #

97566 Road and Highway Equipment (Not Otherwise Classified) Rental

Extended Description Department to provide used railroad rail. This includes drilling the hole and placing the rail.

***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 Offset Drill w/Operator(Vendor Furnished Rail) FHWA ER Eligi

1000.00000 LNFT

Vendor to provide railroad rail. This includes drilling the hole, providing and placing the rail. Use only visibly straight recycled 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.

3 Cribbing (Vendor Furnish and Install) 2000.00000 SQFT

Vendor to provide and install 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.

Ensure entire cribbing wall is bearing on drilled railroad rails. Take necessary corrective measures to ensure railroad rail is supporting the entire cribbing

Document ID: RFB 605 2600000635 Page: 4 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.

4 Federal - Excavation & Backfill 3000.00000 CUYD

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. Constructs backfill up to approximately (4) inches below the existing pavement elevation. Places 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 ensure 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.

5 Excavation Cyclopean RipRap- Embankment Depths 0-12ft

500.00000 CUYD

Vendor to perform excavation to facilitate the placement of cyclopean riprap. The excavation may 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

Document ID: RFB 605 2600000635 Page: 5

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

6 Excavation Cyclopean RipRap- Embankment Depths 13-30FT

100.00000 CUYD

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

7 State - Fabric Geotextile Class I - Provided by Vendor

100.00000 SQYD

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 a material certification certifying the material confirms to the specifications noted above.

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.

8 State-Cyclopean RipRap - Embankment Depths 0FT - 12FT

100.00000 TON

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, ensure final placement of riprap does not restrict flow of stream.

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.

Document ID: RFB 605 2600000635 Page: 6

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

Minimum Order - 150 Ton

9 State- Cyclopean RipRap - Embankment Depths 13 - 30 FT.

100.00000 TON

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, ensure final placement of riprap does not restrict flow of stream.

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

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

Minimum Order - 300 Ton.

10 Traffic Control 500.00000 HOUR

Vendor shall provide traffic control in accordance with the 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 in like-new condition.

The Engineer may restrict lane closures by specifying allowable days and hours. All proposed lane closures and work schedules must be approved in advance by the Engineer. Any deviations from the approved schedule require immediate notification and prior approval.

Maintain alternating one-way traffic during construction. Unless otherwise directed by the Engineer, provide a minimum clear lane width of 9 feet.

If traffic is halted due to operations and a school bus or emergency vehicle on official duty arrives, immediately provide passage.

When work site conditions require full traffic stoppage during drilling operations, traffic shall be stopped only for the time necessary to drill and set one rail. All queued traffic shall be released before the next hole is drilled. If an emergency vehicle or school bus is present in the queue, drilling shall cease and traffic shall be allowed to pass immediately. Failure to allow queued traffic to pass before proceeding to the next hole will result in a penalty of $1,000 per occurrence. The Vendors invoice will be reduced accordingly.

With the Engineers approval, temporary traffic signals may be used in place of flagging, provided appropriate signing is installed in accordance with MUTCD, KYTC Standard Drawings, and KYTC Sepia Drawings.

Flaggers shall wear appropriate PPE and maintain constant communication with each other.

If the Department provides traffic control, this item will be omitted from the delivery order.

Lane closures shall not remain in place during non-working hours unless permitted by the Engineer. If allowed, additional signage and/or traffic control devices may be required.

Document ID: RFB 605 2600000635 Page: 7

Upon request, the Vendor shall provide proof that all flaggers have been trained in current MUTCD flagging procedures, with certifications current within the past five (5) years.

Work may be suspended if the Vendor is found operating without proper traffic control devices.

Upon request, the Vendor shall provide current certifications for a Work Zone Traffic Control Supervisor and a Work Zone Traffic Control Technician.

Shipping Information KYTC District 8 - Somerset District Office

1660 South US27

Somerset KY 42502

Billing Information KYTC District 8 - Somerset District Office

1660 South US27 PO Box 780 Somerset KY 42502

Document ID: RFB 605 2600000635 Page: 8

Submission Checklist

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

Item The bidder with the lowest bid receives the maximum score.

95 Points The bidder with the lowest response time receives the maximum score.

5 Points

6/18/2026 – Addendum 1: To answer bidder question received and to add 7 new commodity lines and extended descriptions.

Q1: After looking at both RFB’s for drilling and cribbing in District 8 I have a question. They both ask for installed cribbing. Does that encompass the whole cribbing installation process of excavation and backfill with 2 stone and geotextile fabric? Just curious because you can’t install cribbing without this process as well, but it was not clear on that. Can we get clarification please so we can bid accordingly.

A1: No, the excavation and backfill will be performed under the new items added in this addendum or by state forces.

No other changes have been made.

Bid closing date shall remain the same.

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

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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

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)

_____ CERTIFICATE OF INSURANCE (See Section 1.03)

_____ NON COLLUSION CERTIFICATION (Section 1.04 E)

_____ BUY AMERICA/BABA (Section 1.04 F)

_____ DBE CERTIFICATION (Section 1.04 G)

_____ EQUIPMENT SPECIFICATION/PRODUCT LITERATURE

_____ OTHER REQUIRED DOCUMENTS

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

The Kentucky Transportation Cabinet (KYTC), District 8, is seeking a qualified vendor to furnish one (1) modified rotary drill, truck- or track-mounted, with operator, for the drilling and installation of steel railroad rails used in roadway stabilization and related projects throughout District 8.

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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

(1) Modified Rotary Drill, Truck or Track Mounted w/Operator to drill 7" to 10" diameter holes in soil and rock; and to install Department Furnished or Vendor Furnished Steel Railroad Rails up to 40 Ft in length and weighing 130 to 140 Lbs. per linear yard. Railroad rails shall be visibly straight with no splices. Rotary Drill must have capability of drilling holes that are offset a minimum of Five (5) Ft from the edge of the truck tire or track (if track mounted) to the center of the hole. Must be capable of handling steel railroad rail up to 40 Ft in length. Drill Rig should be powered by motor of 130 HP or greater with at least 16,000 Lbs. Pull-down pressure and a 300 CFM or greater air compressor. Drill Rig must be capable of drilling from either side and back of carrier. Drill must have capability of drilling a maximum of Forty (40) Ft holes from elevation of roads.

This solicitation is for the following equipment and operator to be used by various counties in District 8.

Vendor must supply any site support labor, miscellaneous support equipment, and supplies including acetylene blowtorches (or equivalent), chains, hooks, cables etc. Site support labor and equipment includes flame cutting a lifting eye in the end of the rails if needed, attaching chains, and cables to railroad rails for pulling with the drill rig. 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. Unless vendor supplied railroad steel is used, the department is responsible for furnishing, delivering, and unloading individual railroad rails up to forty (40) feet in length to the project site.

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 off-set, railroad rail alignment, etc. and to determine if the department needs to remove overhead obstructions for the drilling equipment.

The department will provide traffic control and flagging on the worksite. Department may elect to use temporary traffic signals or portable traffic signals with appropriate signing in accordance with MUTCD. Department will also place and maintain appropriate work zone signing, flagging signs, flagger paddles, etc. in accordance with the

MUTCD.

Vendor is required to maintain a minimum production rate of eight hundred (800) LF of installed railroad rails per 8 hour work day. 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.

Drilling operations shall not stop traffic continuously for longer than 15 minutes without the express permission of the engineer. Drill rig must be capable of drilling from either side of carrier. 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” and OSHA's requirement for Workers Protection from Exposure to Respirable Crystalline Silica.

The estimated feet of drilling is purely an estimate and is not to be implied or inferred as being guaranteed. The Department is only obligated to purchase the number of drilled footage required as determined by Department personnel.

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.

Payment for drilling 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, 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 project site and delivering to the State Highway Maintenance Facility in that county. Vendor is responsible for removing all vendor supplied unused cut off pieces of railroad rail from the project.

Price changes will be allowed on a monthly basis for line items 2 and 3, 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

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Total Pages: 45 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.

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.

KYTC reserves the right to issue supplemental contracts for specific projects to address safety concerns, should the vendor be unable to respond to such locations in a suitable timeframe due to workload.

The Transportation Cabinet and all its officers, agents and employees shall be held harmless from all suits, actions, or claims of any character brought on account of any injury or damages sustained by any person or property from any actions or for any negligence in performance of the above named equipment. Nothing in this proposal is to be construed as any agency relationship between the parties.

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

1.01- Routine Work Response Time:

Should vendor fail to make delivery within the guaranteed response period, they agree and further authorize the Commonwealth to deduct damages from the invoice in the amount of 1% per day for each day the service is withheld.

Mobilization/Demobilization

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.

It is understood that an order may include more than one work site and that the vendor is also responsible for all mobilization expenses between each work site.

The vendor shall be responsible for all tolls for his equipment when the travel involves a toll road.

1.02- Emergency Work Response Time:

The Vendor guarantees to begin work within 72 hours following notification by the Chief District Engineer or his/ her designee that an emergency situation exists. This notification may be in the form of a phone call, but an official Delivery Order shall follow as soon as possible.

An "emergency" is defined as- A situation which creates a threat or impending threat to public health, welfare, or safety such as may arise by reason of fires, floods, tornadoes, other natural or man-caused disasters, epidemics, riots, enemy attack, sabotage, explosion, power failure, energy shortages, transportation emergencies, equipment failures, state or federal legislative mandates, or similar events. (Per KRS 45A.095)

The vendor shall provide at least two phone numbers where they can be reached 24 hours a day.

Emergency Contact Person/Phone: __________________________

Emergency Contact Person/Phone: __________________________

Failure to be reached by District personnel may result in the immediate cancellation of the Master Agreement.

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2600000635 Final Eq Rental Offset Drill w/Operator D-8 FHWA ER

The vendor shall notify the District immediately of any changes to the emergency contacts and/or numbers.

1.03– 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.

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

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2600000635 Final Eq Rental Offset Drill w/Operator D-8 FHWA ER Eligible http://www.ambest.com 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.

1.04 - 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.

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

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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

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

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• 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:

• 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

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• 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 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.

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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 cables);

• glass (including optic glass);

• optical fiber;

• lumber;

• engineered wood; or

• drywall.

Not included: primarily iron or steel items; a manufactured product; cement and cementitious materials; aggregates such as stone, sand, or gravel; or aggregate binding agents or additives.

“All manufacturing processes” is defined as the final manufacturing process and the immediately preceding manufacturing stage for the construction material.

B) Manufactured Products. Pursuant to the definition in 2 CFR 184.3, manufactured products means articles, materials, or supplies that have been:

• (i) processed into a specific form and shape; or

• (ii) combined with other articles, materials, or supplies to create a product with different properties than the individuals’ articles, materials, or supplies.

An article, material, or supply classified as a manufactured product may include components that are construction materials, iron or steel products.

C) Iron and Steel. Pursuant to the definition in 2 CFR 184.3, iron or steel products means articles, materials, or supplies that consist wholly or predominantly of iron or steel or a combination of both. •

Predominantly of iron or steel or a combination of both means that the cost of the iron and steel content exceeds 50 percent of the total cost of all its components. The cost of iron and steel is the cost of the iron or steel mill products (such a bar, billet, slab, wire, plate, or sheet), castings, or forgings utilized in the manufacture of the product and a good faith estimate of the iron or steel components.”

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.

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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.

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…