Final_RFQ_605_2600000028_2_SO_FORM.PDF

Document ID: RFQ 605 2600000028 Page: 1

Commonwealth of Kentucky

SOLICITATION MODIFICATION

Modification: Yes Version #: 2

TITLE: Emergency Purchase - I-69 Repairs

Date Issued:

04/11/2026 Record Date:

04/11/2026

Solicitation Closes Date:

04/13/2026 Time:

13:30

Solicitation No:

RFQ 605 2600000028

Reason for Modification

To answer vendor questions. No other changes have been made. Bids are due April 13th at 1:30pm Eastern.

Online Bidding Prohibited: No

For Information Call:

Laura Hagan 502-782-3980

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: RFQ 605 2600000028 Page: 2

Line Items

Commodity Group: Default Commodity Group

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

1 I-69 Repair 0.00000 LMP

Comm Code Comm Description Manufacturer Model # Manuf Part #

91327 Construction, Highway and Road

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

*On this line, Bidders must enter $0.01 for price and zero (0) for delivery in the e-procurement system.* To do this, 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.* 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 Maintenance

200 Mero Street 3rd Floor Frankfort KY 40622

Billing Information KYTC Division of Maintenance

200 Mero Street 3rd Floor Frankfort KY 40622

Document ID: RFQ 605 2600000028 Page: 3

Submission Checklist

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

Item Price - 100 points

Addendum #1 –

This addendum is posted to answer all questions received. No other changes have been made.

Q1. Will KYTC consider extending the deadline?

A1. No – The bid time will not be extended

Q2. With regards to traffic control, what are the restrictions being on the interstate?

Are closing lanes or shoulders? And work time, etc.

A2. There are no time restrictions. KYTC expect lane closures only - 1 lane per direction at any given time. KYTC is prepared for full closure with detours if necessary due to further subsidence occurrences.

Q3. Is it the state's intent this work is done 24 hours a day to minimize the time or just during, you know, single shift during the day?

A3. 24 hour work is permissible, but not required. Contractors must meet the completion deadlines listed in the RFQ.

Q4. Is work allowed on Saturdays and Sundays?

A4. Yes.

Q5. Will there be holiday restrictions?

A5. No.

Q6. Once the bore holes are drilled, will they be able to be backfilled immediately with the grout to take advantage of time or do a whole bunch of holes have to be drilled first before you can start backfilling?

A6. Defer to contractor’s engineer and consultation with the Engineer and in accordance with the submitted installation plan. If an isolated location is determined, backfilling could take place as work progresses onward. The curtain wall must be in place to limit excessive grout take of infill grouting.

Q7. The refusal criteria for grouting that looks more like a typical compaction grouting spec than mine grouting, you know, with the pressures and the steel grout pipe and no annular space between the grout pipe and the borehole wall. Is that really what you're looking for? Or is that more of a typical mine stabilization application where you're just injecting grout?

A7. Refusal criteria is considered met when any of the situations in section 5.5 are obtained. Alternate definitions could be defined in the installation plan and accepted by the Engineer prior to start of grouting.

Q8. Is the intent to drill from off the roadway, especially during, and then have the grout flow during the infill, or is it the intent to drill in the roadway as well?

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2600000028 Final Emergency Purchase - I-69 Repairs Total Pages: 42

A8. The intent is to establish a curtain wall along sides of roadway template and follow with infill grouting to remediate any voids discovered. The installation plan would be submitted by the contractor and approved by the engineer prior to start of grouting. The roadway will be resurfaced as part of the contract, so boring within the roadway template, as needed, is permissible.

Q9. In the material section, it doesn't mention fly ash in the grout. Was that intentional that you do not want fly ash in the grout or was that just an oversight?

A9. Fly ash is not excluded from the from utilization on this project. Submit a mix design in accordance with section 7.5 and KYTC will review for approval.

Q10. In the personnel section, it mentions project manager and project engineer as sort of grouped in with the on-site personnel. Is it expected that a project manager and a project engineer will be on site full time?

A10. No, the project manager and project engineer are not required to be onsite at all time. However, they should be available for consultation at all times throughout the project as the onsite team deems necessary.

Q11. Are there any warranties on this work required by the state?

A11. No, however KYTC will conduct verification testing on the work performed, prior to formal acceptance.

Q12. Will the contractor need to provide as-built drawings? What kind of record keeping will the state be looking for on this one?

A12. Contractor will be required to conform to sect 11.3.

Q13. Based on the specifications, it appears that end dumping into the cased hole and gravity filling the voids is not allowed and that all holes must be filled by pumping from bottom of hole up. Is this correct?

A13. Yes, pumping is considered necessary for void remediation.

Q14. Standard pumps do not have an automated electronic data collection system. Is this required, or would a stroke counter for volume and in line pressure gauge be sufficient?

A14. Monitoring by nonelectronic means would be allowed so long as accuracy and functionality of the method is verified and approved by the Engineer prior to start of work. Logging and maintaining accurate real time count is required.

Q15. Under section 3, it states that the contractor must obtain necessary permits and proper notification to EEC offices. This is normally handled by KYTC. What necessary permits are expected to be needed?

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A15. This contract has been let under the typical state permitting process as an emergency maintenance project and approved for bid by the FHWA. Additional permitting is not anticipated at this time.

Q16. Section 8.2 states that the pump must be capable of pumping between 0.5 and 3 cubic feet per minute. Based on the estimated quantity of grout this would take 63 days of grouting 24/7 at 3 cubic feet per minute to complete. Can grout, especially infill grouting, be pumped at a faster rate or can the completion time of 60 days for grouting be extended? The contractor may submit alternate rates for the grouting, to be approved by the Engineer, as part of the installation plan. Considerations for upheaval and set times should be considered. Contractors may work in stages, utilize simultaneous injections, incorporate multiple pumps, etc. to meet required deadline. The 60-day interim deadline will not be extended.

Would KYTC consider waving the requirement for real-time grout injection monitoring using a computer base system per Section 8.3?

A16. Monitoring by nonelectronic means would be allowed so long as accuracy and functionality of the method is verified and approved by the Engineer prior to start of work. Logging and maintaining accurate

Q17. Section 10.0 Site Drainage Control, states that all displaced groundwater from the mine should be properly disposed of. Water in underground mines are typically environmentally unfriendly. Has KYTC completed any water quality testing that can be shared or is the contractor to assume that all water displaced will need to be pumped into a tank, hauled away, and properly disposed of, or can the water be spilled on site? If pumping and haul off is required, what item should this large cost go to?

A17. Mine shaft water testing has not been completed by KYTC. Any water forced to surface during the grouting process is expected to be filtered through typical silt checks and Fabric Geotextile Class 2 to provide for removal of suspended solids. KYTC doesn’t anticipate that any discharge water would be hazardous and require off site disposal or containment. If conditions require offsite disposal or containment, a change order would be negotiated at that time. Any sampling would be the responsibility of KYTC.

Q18. Section 4.2 states the Project Engineer need to be a P.E. Does the Project Engineer need to be Licensed in KY?

A18. The engineer should be a KY licensed PE

Q19. Section 5.3 Casing, Can PVC casing be used in lieu of steel casing and if so, can it be left in place as long as it is cut off below the ground surface?

A19. PVC can be considered as part of the installation plan. Pump induced pressure during grouting is required to ensure adequate infill.

Q20. Section 5.5 reads like a compaction grouting specification. Typically, grout is injected under head pressure in mine grouting operations. Can the pressure requirement be eliminated?

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A20. Refusal criteria is considered met when any of the situations in section 5.5 are obtained. Alternate definitions could be defined in the installation plan and accepted by the Engineer prior to start of grouting. Pump induced pressure during grouting is required to ensure adequate infill.

Q21. Section 8.4 Grout Injection Pipes. This section states that the grout pipe needs to be tight to the borehole wall (“Casings shall be sized and installed such that grout material will not travel in the annulus area between the pipe and adjacent ground and will not escape at the surface when pumped”.

This is typical for compaction grouting operations and not for mine grouting. Can this requirement be eliminated? There is usually some annulus space between the grout pipe and the borehole wall so the grout pipe can be inserted and withdrawn easily.

A21. No. Boreholes are cased to provide pump pressure that adequately moves grout to refill the entire void. Pump induced pressure during grouting is required to ensure adequate infill.

Q22. Can barrier wall be added to scope and pay items?

A22. Barrier wall will not be added to the project as a pay item. However, utilization of barrier wall is allowed.

Q23. Can the entire NB and then SB lanes be closed for this work?

A23. One lane in each direction must be maintained throughout the project. If a crossover is designed and approved, it can be utilized, but will not be paid for by KYTC

Q24. Will the drilling for the curtain be performed on the shoulder inside of guardrail or off the shoulder in the ROW?

A24. It is anticipated that the drilling would occur on the roadway side of the guardrail, with flow extending to the ditchline area. However, the contractor may request otherwise in the installation plan submitted and approved by the Engineer.

Q25. Will guardrail need to be removed?

A25. Guardrail removal is not anticipated.

Q26. Will pressure grouting be required? Pressure Grouting isn’t required for mine subsidence grouting.

A26. Pump induced pressure during grouting is required to ensure adequate infill.

Q27. If pressure grouting isn’t required will we be allowed to case through the soil horizon to competent rock or will we be required to case down to the mine openings?

A27. Pump induced pressure during grouting is required to ensure adequate infill.

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Q28. Confirm that if both lanes need to be closed, KYTC will handle the closure and detour.

A28. In the event of a necessary closure, KYTC will set and maintain the traffic detour of I69.

Q29. Will the NB passing lane be closed during the project?

A29. The existing nb closure will be removed by KYTC prior to beginning the contract work.

Q30. What size drill hole is required?

A30. No specific hole diameter is required. The diameter should be based on the contractor installation plan as submitted in accordance with section 4 and reviewed by the Engineer.

Q31. Will we be required to flush the injection hole after grouting activities each day?

A31. No. Borehole flushing should be based on the contractor installation plan as submitted in accordance with section 4 and reviewed by the Engineer.

Q32. The project specification includes the following requirement:

8.3. Real-Time Grout Injections Monitoring. Provide either a X-Y recorder or a computer based system capable of accurately monitoring, recording, and displaying the grouting pressures and flow rates in real time at a location suitable for assessing and controlling the grouting operation, as well as allowing the Engineer to view the data as it is collected. The system shall be capable of monitoring as many injection points as the Contractor injects simultaneously. A print-out clearly identifying the injection details (i.e., pressure, rate of injection, and volume) at each stage of grouting shall be submitted after each shift.

During the pre-bid meeting it was stated that real time monitoring would be defined as having all paper records up to date so that these records can be provided at any time requested by the Purchaser. Please confirm that the computer controlled real time monitoring system described above is not required.

A32. Monitoring by nonelectronic means would be allowed so long as accuracy and functionality of the method is verified and approved by the Engineer prior to start of work. Logging and maintaining accurate

Q33. Please confirm that the upper pumping rate of 3 cf/min in Section 8.2 of the special notes is not a maximum pumping rate and may be exceeded.

A33. The contractor may submit alternate rates for the grouting, to be approved by the Engineer, as part of the installation plan. Considerations for upheaval and set times should be considered.

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Q34. Is there a source for obtaining water located within the project area (municipal water supply, creek, pond, etc.)?

A34. No. Contractor may contact local municipalities and coordinate with them.

Q35. Is the CQCR required to be an independent third party or may these tests be performed by the contractors personnel?

A35. CQCR may be contractor’s qualified personnel.

Q36. Please confirm that a vendor which is pre-qualified in work item I-39 or J-21 is not required to submit previous experience documentation (Attachments 4.2 and 4.3) with their bid.

A36. Prequalification exempts the prospective bidder from providing experience submittal in the bid process. Experience documentation is required if not prequalified in I39 or J21. Experience documentation will be required from all contractors in preconstruction submittals in accordance with Sect 4 of the bid package.

Q37. We cannot locate referenced previous experience documents Attachments 4.2 and 4.3. Please provide.

A37. This is Section 4.2 and 4.3 in the document “Hopkins 2-0013.00 Bid Package.”

Q38. Please confirm that the Vendor Bid Sheet required for bid submission is the provided Excel File named “RFQ 26.28 Bid Sheet – I-69 Repairs”

A38. Correct.

MANDATORY PRE BID VIRTUAL MEETING

April 10th 12:00pm Eastern (11:00am Central)

Interested Contractors must email Laura.Hagan@ky.gov to request link to the virtual meeting.

*Contractors that submit a bid but do not attend the meeting will be deemed non-responsive.

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.

Document Phase Document Description Page 9

2600000028 Final Emergency Purchase - I-69 Repairs Total Pages: 42 mailto:Laura.Hagan@ky.gov https://vss.ky.gov

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.

QUOTE SUBMISSION CHECKLIST

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

_____ Vendor Experience Documentation (Section 1.01/Section 4.2 of Bid Package Document)

_____ References for Past Projects (Section 4.3 of Bid Package Document)

_____ VENDOR BID SHEET (Attached)

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

_____ 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 1.03)

_____ NON COLLUSION CERTIFICATION (Section 1.01 E)

_____ BUY AMERICA/BABA (Section 1.01 F)

_____ DBE CERTIFICATION (Section 1.01 G)

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2600000028 Final Emergency Purchase - I-69 Repairs Total Pages: 42 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

PLEASE READ THIS SOLICITATION AND ITS INSTRUCTIONS IN ITS ENTIRETY.

This is a Request for Quote (RFQ).

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 Department of Highways to award a one- time contract for: Emergency Grouting Repairs I-69 (Hopkins Co)

Perform all work in accordance with the Kentucky Transportation Cabinet (KYTC), Department of Highway’s current Standard Specifications for Road and Bridge Construction and applicable Supplemental Specifications, this Note, and the attached detail drawings. Section references are to the Standard Specifications.

Any reference in the plans or proposal to previous editions of the Standard Specifications for Road and Bridge Construction and Standard Drawings are superseded by Standard Specifications for Road and Bridge Construction, Edition of 2026 and Standard Drawings, Edition of 2025.

The Contractor shall use the Supplemental Specifications that are effective upon execution of the contract. The Supplemental Specifications can be found at the following link:

http://transportation.ky.gov/Construction/Pages/Kentucky-Standard-Specifications.aspx

1.01 Prequalification/Minimum Experience Required

The Contractor performing Line Items 1-4 (Grouting) shall be prequalified in work item I-39 or J-21 as stipulated in Section 102.01 of the Standard Specifications for Road and Bridge Construction, Current Edition.

Contrary to Section 102.02 of the manual, Division of Purchases will not consider a contractor’s capacity rating with regard to award of this contract.

As a substitute to the KYTC Pre-Qualification requirement, vendors must meet the experience requirements of section 4.2 of Special Note for Mine Grouting.

The Contractor performing Line Items 5-13 (Roadway) shall be prequalified in work item C1 as stipulated in Section 102.01 of the Standard Specifications for Road and Bridge Construction, Current Edition. Contrary to Section 102.02 of the manual, Division of Purchases will not consider a contractor’s capacity rating with regard to award of this contract.

This Certificate of Eligibility shall be obtained prior to the bid closing. Vendors that are not on the prequalified list on the date that the bid closes shall not be considered for award. Vendors must remain on the prequalification list throughout the life of the contract.

For information on the prequalified process please contact the Prequalification Branch Manager in the Division of Construction Procurement at 502-564-3500.

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2600000028 Final Emergency Purchase - I-69 Repairs Total Pages: 42 https://finance.ky.gov/eProcurement/Pages/procurement-laws-regulations-and-policies.aspx http://transportation.ky.gov/Construction/Pages/Kentucky-Standard-Specifications.aspx

The Contractor performing Line Items 14-20 (Traffic Control) shall follow section 112.03 of the Standard Specifications for Road and Bridge Construction, Current Edition.

1.02 Specifications

This work consists of the repair of I-69 Hopkins County KY, North Bound and South Bound lanes MP 110.9 to 111.11

The attached document – Hopkins 2-0013.00 Bid Package – includes all special notes, plans, maps, and drilling logs for the project.

1.03 – Start Date

Work is to be started by the contractor before the following date: 5 calendar days after contract execution

Liquidated damages will be charged at a rate corresponding to section 108.09 of the current KYTC Standard Specifications for Road and Bridge Construction if work has not begun 5 calendar days after contract execution.

Calendre days are defined in section 108.07.03 of current KYTC Standard Specifications for Road and Bridge Construction.

1.04 – Completion Date

Contractor will be allowed 90 calendar days from start date established in section 1.02 to complete the project.

Liquidated damages will be charged at a rate corresponding to section 108.09 of the current KYTC Standard Specifications for Road and Bridge Construction if grouting work is not completed 60 days after start date. Calendre days are defined in section 108.07.03 of current KYTC Standard Specifications for Road and Bridge Construction

1.05 - Payment

Payment at the contract unit price shall be full compensation for all labor, materials, access, equipment, and work as described in this note.

1.06 - Performance and Payment Bond

A performance and Payment bond in the amount of 100% of the contract total shall be required within two (2) business days of contract execution.

1.07 - 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.

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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 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 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.

Document Phase Document Description Page 13 http://www.ambest.com https://insurance.ky.gov/ppc/Company/Default.aspx https://insurance.ky.gov/ppc/Company/Default.aspx

# 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.

1.08 - 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

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

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)

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2600000028 Final Emergency Purchase - I-69 Repairs Total Pages: 42 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

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

• 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.

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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

• 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

Document Phase Document Description Page 16 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.

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.

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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.

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

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

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

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

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

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

DBE PARTICIPATION PLAN

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

The DBE Participation Plan shall include the following:

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

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

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

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

• The entire expenditure paid to a DBE manufacturer;

• 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…