Final_RFB_605_2600000661_1_SO_FORM.PDF

Document ID: RFB 605 2600000661 Page: 1

Commonwealth of Kentucky

SOLICITATION

Modification: No Version #:

TITLE: Grave Relocation Breathitt Co - Federal

Date Issued:

06/12/2026 Record Date:

06/12/2026

Solicitation Closes Date:

07/07/2026 Time:

13:30

Solicitation No:

RFB 605 2600000661

Online Bidding Prohibited: No

For Information Call:

Jennifer Houchin 502-782-3977

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 2600000661 Page: 2

Line Items

Commodity Group: Default Commodity Group

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

1 BREATHITT 10-375.00 P42 Grave Relocation

Comm Code Comm Description Manufacturer Model # Manuf Part #

90614 Cemeteries, Planning and Relocation, Architectural Services

Extended Description Grave Relocation - Breathitt Co

NOBLE FAMILY GRAVESITE KY 205

***ONLY ONLINE BIDS WILL BE ACCEPTED FOR THIS RFB.***

*On this line, Bidders must enter $0.01 for price and zero (0) for delivery in the e-procurement system.* See attached document How to Respond to an Online Bid through the Kentucky Vendor Self Service site (updated).pdf.

*ALL actual BID PRICES must be entered on attached Bid Sheet and submitted as an attachment in the e-procurement system.*

*Please enter contact person, phone number, and email address on the bid sheet.*

Emailed and hard copies delivered by any method WILL NOT BE ACCEPTED.

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.

Shipping Information KYTC Division of Right of Way and Utilities

200 Mero Street 4th Floor Frankfort KY 40622

Billing Information KYTC Division of Right of Way and Utilities

200 Mero Street 4th Floor Frankfort KY 40622

Document ID: RFB 605 2600000661 Page: 3

Submission Checklist

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

Item Vendor with the lowest price receives the highest evaluated score.

ELECTRONIC BID SUBMISSION

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

Link: https://vss.ky.gov

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

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

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

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

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

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

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

REQUIREMENTS AND MAY RESULT IN REJECTION OF BID OFFER.

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

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

PUBLIC BID READINGS

Any person wishing to hear a bid reading may call our 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)

_____ VENDOR BID SHEET (Attached)

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

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2600000661 Final Grave Relocation Breathitt Co - Federal Total Pages: 40 https://vss.ky.gov https://vss.ky.gov https://emars311.ky.gov/webapp/vssprdonline3111d/AltSelfService 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 AUTHORITY – REGISTRATION WITH SECRETARY OF STATE BY FOREIGN

ENTITY (See Section 2.14)

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

_____ CERTIFICATE OF INSURANCE (See Section 1.05)

_____ NON COLLUSION CERTIFICATION (Section 1.06)

_____ BUY AMERICA/BABA (Section 1.06)

_____ DBE CERTIFICATION (Section 1.06)

_____ PERFORMANCE AND PAYMENT BOND (section 1.04)

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

The Kentucky Transportation Cabinet Division of Purchases issues this solicitation on behalf of the Division of Right of Way and Utilities to award a one- time contract for: Grave Relocation Breathitt Co

1.00#Specifications of Service Requirements

County: Breathitt Item No. 10-375.00 Project No. 12F0 FD52 013 1208001R; STP 5266 (033) Project: KY 205 Parcel No. 42 Cemetery Name: Noble Graves

See attached bid sheet for information on line items and requirements. Vendors shall bid on the attached bid sheet.

1.01 - Reinterment

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2600000661 Final Grave Relocation Breathitt Co - Federal Total Pages: 40 https://finance.ky.gov/eProcurement/Pages/procurement-laws-regulations-and-policies.aspx https://finance.ky.gov/eProcurement/Pages/doing-business-with-the-commonwealth.aspx

Pursuant to Official Order No. 113212 it is necessary for the Cabinet to acquire certain rights of way in Breathitt County, Kentucky for a highway improvement project designated and identified by the Cabinet as Breathitt County Item No. 10-375.00 Project No.

12F0 FD52 013 1208001R; STP 5266 (033) Road Name KY 205 .

Construction of said project necessitates relocation of 4 graves from the Noble Family Gravesite. KRS 45A.100 and 200 KAR 5:302 authorize the Cabinet to contract with a funeral director duly licensed under the provisions of KRS Chapter 316 for the removal and relocation of said graves.

REINTERMENT CEMETERY NAME Jackson Cemetery

ROAD OR STREET ADDRESS Hwy 15 North

CITY Jackson STATE Kentucky, 41339

DIRECTIONS:

PLEASE SEE THE ATTACHED DIRECTIONS PAGE

1.02 – FUNERAL DIRECTOR CONSIDERATIONS

In consideration of the premises and the provisions hereinafter set forth, the Funeral Director agrees:

1. To perform the services in a professional and skillful manner and to comply with all terms, provisions, and conditions of this agreement.

2. To remove and relocate said remains pursuant to all applicable laws and regulation, including but not limited to KRS 381.765, 600 KAR 3:020, and 901 KAR 5:090, as well as pursuant to the grave relocation procedures and regulations outlined in the Cabinet’s Right of Way Guidance Manual.

3. That in performing the services contracted for herein, they will not obligate the Kentucky Transportation Cabinet, nor subject them to any liability, cost or expense for any actions taken by the funeral director.

4. To maintain accurate files and at termination of the work, turn over these files to the Cabinet. All files shall be documented in accordance with the Cabinet and applicable Federal requirements. During the proposed work, all such files will be available at reasonable times for inspection by the Cabinet and by the Federal Highway Administration, if Federal funds are utilized on any phase of the project. All records relating to this contact are subject to audit by the Cabinet or its agent.

5. That upon request the funeral director’s personnel will be available to assist in responding to Federal or State inquiries and/or citations.

1.03 – PROVISIONS

I.DISINTERMENT

1. Trenching – Clearing and additional trenching will be required at the Disinterment Cemetery for the purpose of disclosing all possible graves. The funeral director agrees to provide the necessary reinterment containers and relocate any additional graves (should they be found), upon concurrence and authorization by the District Right of Way Supervisor. Payment for the reinterment containers and the relocation of additional graves will be based on the unit prices specified in the bid.

2. Special Equipment for Disinterment of Graves – mechanical equipment may be used to begin excavation in the disinterment cemetery to uncover grave shafts. The funeral director agrees that any mechanical equipment used in excavation shall have a smooth or “toothless” shovel (this will be at the funeral director’s expense). In addition, the funeral director agrees to obtain prior approval of the

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Grave Relocation Agent in the event he must use a bulldozer, air compressor, or jackhammer in the relocation of any graves covered under the terms of this agreement. Upon approval from the grave relocation agent, the funeral director may proceed to acquire these services for which they will be reimbursed the actual cost incurred when supported by receipted bills.

3. Disinterment of Remains – Mechanical equipment may be used according to Item 2 of the Disinterment Provisions to begin excavation in a disinterment cemetery, however, the removal of all remains shall be performed by hand digging. Excavations shall be to the necessary depth and dimensions (minimum 6’deep x 3’wide x 4’ long) in order to properly remove all remains. The remains removed for reinterment shall include all of the body, clothing, jewelry, personal effects, casket or coffin, soil discolored from decomposition, and any other material placed into the grave at the time of the original burial. If no remains are found, the excavation will be carried to a depth determined by the District Right of Way Supervisor (minimum 6’ deep x 3’ wide x 4’ long). The District Right of Way Supervisor will have the final authority to determine whether a grave exists and what constitutes the remains.

4. Disinterment and Reinterment Records and Reports A. The funeral director shall prepare daily a list of the names (when a name is available) of each body, the location by plot number before disinterment, and the location by plot number after reinterment. It will include the depth of each body disinterred, depth of each body reinterred, and a brief description of the remains removed. Upon completion of work, these daily lists will be furnished to the grave relocation agent.

B. The Cabinet’s grave relocation agent shall prepare daily a Grave Data Sheet listing the names (when a name is available) of each body, the location by plot number before disinterment, and the location by plot number after reinterment. It will include the depth of each body disinterred, depth of each body reinterred, and a brief description of the remains removed. The Cabinet’s grave relocation agent shall also prepare a daily record of the grave relocation inclusive of all pertinent items discussed, questions asked, and answers given.

II. REINTERMENT

1. Reinterment Site Preparations – The funeral director shall be responsible for disinterment, removal, and transportation of all remains and monuments from the Disinterment Cemetery. The reinterment site preparations, including opening, closing, and restoring sites, will be handled by the Reinterment Cemetery staff.

2. Reinterment Containers – For each set of remains disinterred, the funeral director shall provide a reinterment container of sufficient size. In accordance with 901 KAR 5:090 all disinterred human remains intended for reburial, and all other contents of the grave, shall be enclosed in a container constructed of strong material and of sufficient size to hold the remains without altering their shape or size. If the human remains are not thoroughly decomposed, the container shall be sealed to prevent the escape of liquids or gas. The Contractor shall provide reinterment containers as outlined in the Grave Data Sheet. The Cabinet’s grave relocation agent shall approve the size of each container. Steel reinterment containers shall be constructed of a minimum of 12-gauge steel.

Each Box shall have affixed thereto a small rustproof plate on which shall be inscribed the name of the deceased (when known), the name of the cemetery from which the remains were removed, and the disinterment grave number to designate the remains contained therein.

3. Transporting Remains – The remains shall be removed from the grave and placed in the reinterment container, which shall be sealed with a cover and to which an identification plate shall be properly attached.

The remains shall then be placed in a conveyance, covered, and transferred to the designated cemetery and reinterred in accordance with regular reinterment procedures. If it is necessary to hold the remains overnight, the remains shall be transported to a licensed funeral home for safekeeping.

4. Reinterment – Each remain disinterred shall be reinterred in the site identified on the Grave Data Sheets, attached to and made a part of this contract. Unless otherwise specified in the Special Provisions of this contract, the Cabinet will furnish reinterment gravesites at no cost to the funeral director.

Religious services shall be permitted at the time of reinterment if requested by the next of kin.

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A. Change in Reinterment Site – If the next of kin elect to reinter remains in a location other than the designated reinterment site, such change must be requested in writing by the next of kin and approved in writing by the Cabinet.

B. Reinterment Depths – Reinterment graves will be excavated to depths required by the Cabinet for Human Resources and 901 KAR 5:090, Sections 1 and 3, as follows:

i. Human Remains Not Thoroughly Decomposed – Where the outer container for the body is made of concrete, metal, fiberglass, or other impervious material and it is hermetically sealed, all parts of the container shall be buried at least two (2) feet below the natural surface level of the ground. All other burial containers shall be at least three (3) feet below the natural surface level of the ground measured from all parts of the outer container.

Should impenetrable rock be encountered, the local health department may, upon proper application, grant a variance to the depth of burial requirements. When a depth waiver is secured from the local health department, excavation shall stop at the depth specified in the waiver.

ii. Human Remains Thoroughly Decomposed – Human remains which are thoroughly decomposed need to be reburied only to such a depth so that no part of the container is less than two (2) feet below the natural surface level of the ground.

III. Monuments

1. Removal of Existing Monuments and Grave Markers – The funeral director shall remove all monuments, headstones, footstones, gravestones, and grave markers (including all ornaments of value) from the existing cemetery and transport them to the proper graves in the reinterment cemetery. All such items shall be correctly marked to ensure their replacement over the correct grave. The Cabinet’s grave relocation agent shall determine those ornaments of value to be moved. Monuments to be moved are identified on the Grave Data Sheet.

The funeral Director shall take every precaution to protect such articles from damage during his operations and shall (at his own expense) either repair or replace, as determined by the Cabinet, any articles broken or damaged in the process of relocation.

2. Monuments for Unmarked Disinterment Graves – The Funeral Director or designated monument company will provide and set the monuments as specified in section one of this solicitation for the unmarked graves at the reinterment site.

3. Setting of Monuments – The Funeral Director or designated monument company will set all monuments and grave markers removed from the Disinterment Cemetery at the reinterment site.

IV. TECHNICAL

1. State Supervision – The Cabinet’s grave relocation agent shall be present during the disinterment, transfer, and reinterment of all remains, and during the removal, transfer, and reinstallation of all monuments, markers or gravestones. The grave relocation agent will inspect the work as it progresses in order to determine compliance with the terms of the contract. The presence of the grave relocation agent will in no way relieve the funeral director from his liabilities under this contract.

2. Funeral Director’s Supervision – The funeral director shall be present or be represented by a licensed funeral director during the disinterment and transfer of all remains. A foreman, superintendent or some other responsible representative of the funeral director shall be present during all other phases of work.

3. Permits – The funeral director shall have in their possession all necessary permits from federal, state, county, and municipal authorities prior to performance of any work on this contract. Disinterment and reinterment permits will be secured by the Cabinet and furnished to the funeral director at the time the work order is issued.

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4. Manner of Work – All disinterment and reinterment work shall be accomplished in a respectful and becoming manner. During inclement weather, this work will be done under a tent or suitable enclosure.

V. GENERAL

1. Scope of Work – The funeral director agrees to remove all remains and all original burial items, gravestones, markers and monuments from the disinterment cemetery, and to transport all remains and all original burial items, gravestones, markers and monuments to the reinterment cemeteries.

2. Funeral Director’s Responsibilities – The funeral director shall be responsible for the entire work under this contract and for all tools, appliances, and property of every description used to disinter, transfer, and reinter all remains, and the removal and transfer of all gravestones, markers, and monuments. The funeral director shall specifically and distinctly assume all risks of damage or injury to persons or property resulting from any action or operation under this contract, or in connection with the work and shall protect and defend the Commonwealth of Kentucky and its officers and employees against all claims on account of injury or damage.

3. Site Investigation – The funeral director shall inspect the site as to the nature and location of work and general and local conditions, including but not limited to transportation, disposal, handling, and storage of materials; availability of labor, water, electric power and roads;

uncertainty of weather, ground conditions, and the character of equipment and facilities needed prior to and during execution of the work. The funeral director further acknowledges satisfaction as to the character, quality and quantity of surface and subsurface materials or obstacles to be encountered insofar as this information is reasonably ascertainable from an inspection of the site, as well as from any information presented in the specification provided herein.

Any failure by the funeral director to inspect the site shall not relieve him from responsibility of properly estimating the difficulty or cost of successfully performing the work. The Cabinet assumes no responsibility for any conclusions drawn or interpretations made by the funeral director on the basis of information made available by the Cabinet, nor does the Cabinet assume responsibility for any representations made by its officers or agents unless: (1) Such representations are expressly stated in this agreement; and (2) The contract expressly provides that the responsibility is assumed by the Cabinet. All other representations or explanations shall be considered to have been only for the information of the funeral director.

4. Plats- The cabinet will provide the funeral director with plats of the disinterment and reinterment sites. The funeral director shall provide a corrected disinterment plat for reach cemetery upon completion of the project.

5. Subcontractors – The funeral director shall have prior written of the Director, Division of

Right of Way and Utilities, to subcontract any work pursuant to this contract. The funeral director agrees that all subcontractors are required to comply with the terms of this agreement, and that nothing in this agreement shall create a contractual relationship between any subcontractors and the Cabinet.

6. Materials – The funeral director agrees to furnish all plants, materials, equipment, supplies, labor and transportation, and preform all work necessary for completion in strict accordance with specification contained herein, and all applicable regulation.

The funeral director agrees that all materials supplied comply with required specifications. If requested, the funeral director shall provide the Cabinet with a sample of each for approval prior to its use.

1.04 Performance and Payment Bond

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The funeral director, prior to award of a contract, shall provide a performance bond to the Division of Purchases, executed by a surety company authorized to do business in Kentucky. The bond shall bind the funeral director, as principal, and the surety to performance of the contract and any changes or modifications thereto, and to payment of all costs for labor, materials, equipment, supplies, taxes and other proper charges and expenses incurred or to be incurred in performance of the contract. The bond shall be kept in full force until written notice from the Cabinet that all work is completed.

(a) Contract Amount Exceeds $ 20,000 - The bond shall be in a penal sum equal to one hundred percent (100%) of the contract price, as it may be increased.

(b) Contract Amount is $ 20,000 or Less - The bond shall be in the penal sum of Twenty Thousand Dollars ($ 20,000). The bond shall incorporate by reference the terms of the contract as fully as though they were set forth verbatim in such bonds.

1.05– 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:

# The certificate holder shall be listed as:

Kentucky Transportation Cabinet Division of Purchases

200 Mero Street, 4th Floor Frankfort, Kentucky 40622

# 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.

# 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.

# 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.

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

1.06 - 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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2600000661 Final Grave Relocation Breathitt Co - Federal Total Pages: 40 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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2600000661 Final Grave Relocation Breathitt Co - Federal Total Pages: 40 https://transportation.ky.gov/Construction/Pages/Kentucky-Standard-Specifications.aspx https://transportation.ky.gov/Construction/Pages/Kentucky-Standard-Specifications.aspx https://www.fhwa.dot.gov/programadmin/contracts/1273/1273.pdf https://sam.gov/content/wage-determinations https://www.law.cornell.edu/definitions/uscode.php?width=840&height=800&iframe=true&def_id=23-USC-1264422296-293024739&term_occur=999&term_src=

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

Document Phase Document Description Page 14 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 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

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

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

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

DBE GOAL

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

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

OBLIGATION OF CONTRACTORS

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

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

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

CERTIFICATION OF CONTRACT GOAL

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

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

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

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

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

DBE PARTICIPATION PLAN

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

The DBE Participation Plan shall include the following:

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

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

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

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

• The entire expenditure paid to a DBE manufacturer;

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

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

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

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

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

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

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

SECTION 103.06, STANDARD SPECIFICATIONS FOR ROAD AND BRIDGE CONSTRUCTION

Prime Contractors awarded a federally funded project with a DBE…