24-2472 IFB 1st Floor South Garage Lighting Replacement - Bid Doc.pdf

CAPITAL REGION AIRPORT COMMISSION

RICHMOND INTERNATIONAL AIRPORT

INVITATION FOR BID

#24-2472

FOR

FIRST FLOOR SOUTH GARAGE LIGHTING

REPLACEMENT

ISSUED FOR BID

July 8, 2024

INVITATION FOR BID

Title: FIRST FLOOR SOUTH GARAGE LIGHTING REPLACEMENT

Issue Date: July 8, 2024

IFB Number: 24-2472

Issuing Agency:

CAPITAL REGION AIRPORT COMMISSION

1 RICHARD E. BYRD TERMINAL DRIVE, SUITE C

RICHMOND INTERNATIONAL AIRPORT, VA 23250

Pre-bid Meeting:

Thursday, July 18, 2024 @ 10:30 AM

Microsoft Teams Meeting South Commission Conference Room

(second floor adjacent to the south end ticket counter) Airport Terminal Building

Deadline for Questions: Thursday, July 25, 2024 @ 4:00 PM

Sealed Bids Due:

Tuesday, August 13, 2024 @ 10:00 AM

Capital Region Airport Commission Attn: Phyllis Byrdsong, Procurement Specialist

1 Richard E. Byrd Terminal Drive, Suite C Richmond International Airport, VA 23250-2400

Sealed Bid Opening: Tuesday, August 13, 2024 @ 2:00 PM Microsoft Teams Meeting

All Inquiries Should be Directed to:

PHYLLIS BYRDSONG, VCA

Procurement Specialist Email: procurement@flyrichmond.com

Fax: (804) 652-2605 mailto:procurement@flyrichmond.com

TABLE OF CONTENTS

SECTION TITLES & ATTACHMENTS PAGE

SECTION I – BACKGROUND 1

SECTION II – INFORMATION & INSTRUCTIONS TO BIDDERS 2

SECTION III –TERMS AND CONDITIONS 6

SECTION IV – SECURITY REQUIREMENTS 15

SECTION V – QUALIFICATIONS OF BIDDERS 16

SECTION VI – SOCIO-ECONOMIC POLICIES AND REQUIREMENTS 17

SECTION VII – BID FORM 23

ATTACHMENT A – REFERENCES 28

ATTACHMENT B – CERTIFICATE ON NON-COLLUSION 29

ATTACHMENT C – LIST OF SUBCONTRACTORS 30

ATTACHMENT D – GOOD FAITH EFFORTS DOCUMENTATION 31

ATTACHMENT E – BID BOND 32

ATTACHMENT F – LABOR AND MATERIAL PAYMENT BOND 33

ATTACHMENT G – PERFORMANCE BOND 35

ATTACHMENT H – CONTRACT PARTICIPATION FORM 37

ATTACHMENT I – LETTER OF INTENT 38

ATTACHMENT J – NO BID RESPONSE 39

INVITATION FOR BIDS

FIRST FLOOR SOUTH GARAGE LIGHTING REPLACEMENT

SECTION I – BACKGROUND

The Capital Region Airport Commission, a political subdivision of the Commonwealth of Virginia (herein referred to as "the Commission"), invites interested, qualified firms to submit bids for the FIRST FLOOR SOUTH GARAGE LIGHTING REPLACEMENT project at the Richmond International Airport (herein referred to as "Airport"). The services will be administered by the Commission’s President and Chief Executive Officer and designated staff and will commence following the execution of a contract.

A. PURPOSE

The intent and purpose of this Invitation for Bid is to solicit bids from qualified, experienced, and licensed companies to provide all labor, equipment, materials, and supervision necessary to substantially complete the work in accordance with the terms and conditions, and scope of work as described herein for the Capital Region Airport Commission.

B. SCOPE OF WORK

The contractor shall provide all labor, supervision, equipment, tools, materials, and incidentals necessary for the replacement of various exterior lighting on the first floor of the South Parking Garage, the South Expansion Parking Garage, as well as interior and exterior lighting in both the North and South Garage Elevator Lobbies with LED lights. All work will be performed in accordance with the specifications, construction drawings, and local code.

SECTION II – INFORMATION & INSTRUCTIONS TO BIDDERS

A. QUESTIONS CONCERNING BID

If any prospective bidder has questions about this Invitation to Bid, the specifications, or the bidding process the bidder must submit those questions in writing to Phyllis Byrdsong by e-mail at procurement@flyrichmond.com or by fax at 804-652-2605. All questions must be received no later than 4:00 PM on Thursday, July 25, 2024. Written responses in the form of addenda will be posted to eVA. Any revisions to this Invitation to Bid will be made only by addendum issued by the Commission. It is the bidder’s responsibility to make sure the bidder receives all addenda.

B. OBTAINING BID DOCUMENTS

Bid documents are available for download at https://eva.virginia.gov For reference purposes, bid documents may be viewed at the Procurement Office, 1 Richard E.

Byrd Terminal Drive, Suite C, Richmond International Airport.

The bidder shall be responsible for ensuring all drawing sheets listed in the table of contents are included in the bid documents and that they are legible. Coordination of specification sections, trades, and subcontractor scopes of work is the sole responsibility of the bidder.

C. PRE-BID CONFERENCE

A non-mandatory Pre-bid Meeting is scheduled for Thursday, July 18, 2024, at 10:30 AM in the South Commission Conference Room, (second floor adjacent to the south end ticket counter), Airport Terminal Building, 1 Richard E. Byrd Terminal Drive, Richmond International Airport, VA 23250. A site visit will be available for all companies interested in submitting a bid immediately following the Pre-bid meeting. Bidders are strongly encouraged to have representation at this meeting. It is recommended that all bidders attend this meeting to gain a thorough understanding of the project; however, attendance is not mandatory to submit a bid on this project. The pre-bid meeting will be broadcast via live stream through the Microsoft Teams application. Bidders may participate in the pre-bid meeting by using the sign-in information provided below.

Microsoft Teams Meeting Details:

To join the meeting and view any documents shared by the Capital Region Airport Commission from your computer, please see the following link(s)

Microsoft Teams meeting

PRE-BID MEETING

IFB 24-2472 - FIRST FLOOR SOUTH GARAGE LIGHTING REPLACEMENT

Join on your computer, mobile app, or room device.

Join the meeting now Meeting ID: 257 395 034 506 Passcode: cG2yqa

Dial in by phone +1 321-754-9474,,617466602# United States, Orlando Phone conference ID: 617 466 602# mailto:procurement@flyrichmond.com https://eva.virginia.gov/ https://teams.microsoft.com/l/meetup-join/19%3ameeting_YmRmOGUwYmYtNDFhNC00NGE3LWEyMmEtYzBmOTZkMjY1MDE5%40thread.v2/0?context=%7b%22Tid%22%3a%22441241b8-18d5-4e66-9e2f-6edad2b78c92%22%2c%22Oid%22%3a%22c2b7a822-6359-4e45-af4a-a78b303d9129%22%7d tel:+13217549474,,617466602

D. ADDENDA AND CHANGES TO BIDS

1. Clarifications, modifications, or addenda may be made to the IFB at the discretion of the

Commission. If any such changes are made, they will be posted on eVA in sufficient time for each bidder to modify their bid. Each bidder is responsible for determining that all addenda issued have been received and shall acknowledge receipt of all addenda in the space provided in the Bid Form. Failure to do so may result in rejection of the bid.

2. A potential bidder may amend and/or withdraw a bid before the due date and time set for receipt of bids. All requests from a potential bidder to return their bid shall be in writing, addressed to the Procurement Specialist, and signed by an authorized representative.

E. BID SUBMISSION REQUIREMENTS

1. Bid Form: Each bidder shall submit a completed Bid Form and other bid requirements as outlined. No erasures shall be permitted. Errors and other changes shall be struck through with a single line and initialed. Bids shall be furnished on a lumpsum price basis as called for in the Invitation for Bid, in numerical figures and written dollar amounts. The written word shall take precedence. Figures shall be written in ink or typed.

2. Submission: The Bid Form shall be signed by the Bidder or by an authorized representative of the bidder and enclosed along with other bid requirements, in a sealed envelope and clearly marked with the bidder’s name & address; opening date & time; and the First Floor South Garage Lighting Replacement, IFB #24-2472. Any additional information the bidder wishes to include must be submitted with the bid documents. The Bid submitted by courier should be sealed in an envelope addressed above before being packed for delivery.

If sending the bid by U.S. Mail, Courier, or Hand delivery, submit the bid to:

Capital Region Airport Commission Attn: Phyllis Byrdsong, Procurement Specialist

1 Richard E. Byrd Terminal Drive, Suite C Richmond International Airport, VA 23250-2400

Bids will be logged in by the Commission’s Procurement Specialist to reflect the actual date and time of receipt. Bids will not be accepted if sent via facsimile machine or other electronic or telegraphic means. The deadline for submission of bids is Tuesday, August 13, 2024, at 10:00 AM. local time. Bids will then be opened and read aloud at 2:00 PM on Tuesday, August 13, 2024, and will be broadcast via live stream through the Microsoft Teams application. Bidders may participate in the bid opening by using the sign-in information provided below. The Commission does not accept late bids. Any bid received after the time and date specified will be returned to the sender unopened.

Microsoft Teams Meeting Details:

To join the meeting and view any documents shared by the Capital Region Airport Commission from your computer, please see the following link(s)

Microsoft Teams meeting

BID OPENING

IFB 24-2472 FIRST FLOOR SOUTH GARAGE LIGHTING REPLACEMENT

Join on your computer, mobile app, or room device.

Join the meeting now Meeting ID: 275 619 866 840 Passcode: Ymc7Vv

Dial in by phone +1 321-754-9474,,503503171# United States, Orlando Phone conference ID: 503 503 171#

3. Copy of Documents to Subcontractors. Before submitting a bid, the Contractor shall provide to any subcontractor anticipated to provide more than [15%] of the value of the work an electronic copy of this Invitation for Bid and the plans, drawings, and specifications for the scope of work that is the subject of this Invitation for Bid.

F. BONDING and LICENSURE

1. Bid Bond: If the bidder’s bid amount is $100,000 or greater, the bidder shall submit, with the bid package, a bid bond from a surety company legally authorized to do business in Virginia in the amount of five percent (5%) of such Bid with the understanding that it shall guarantee that the bid prices remain valid during the period of Ninety (90) days following the opening of the bids. It shall further guarantee that if the bid is accepted, the bidder shall enter into a formal contract with the Owner, and that the bidder will furnish the required bonds. Upon execution of the contract and substitution of the Performance Bond, the bid bond will be returned. The bond of the lowest three unsuccessful bidders will be returned within thirty (30) days after the award/execution with the successful bidder or cancellation or rejection of bids. All other bonds shall be returned within seven days following bid opening.

2. Performance Bond: If the bidder’s bid amount is $100,000 or greater, the bidder shall submit, with the bid package, evidence that it can obtain a Performance Bond from a surety company legally authorized to do business in Virginia in an amount equal to the contract sum. Upon notification of award, the successful bidder shall be required to submit the executed surety bond.

3. Labor and Material Payment Bond: If the bidder’s bid amount is $100,000 or greater, the bidder shall submit, with the bid package, evidence that it can obtain a Labor and Material Payment Bond from a surety company legally authorized to do business in Virginia in an amount equal to the contract sum. Upon notification of award, the successful bidder shall be required to submit the executed surety bond.

4. Licenses:

a. A copy of the Contractor's current Henrico County Business License shall be submitted by the successful bidder upon receipt of the Notice of Intent to Award from the Capital Region Airport Commission Procurement Office.

b. Bidders must be registered with Virginia contractors in accordance with the code of Virginia Title 54.1, Chapter 11 of the Code of Virginia, as amended.

https://teams.microsoft.com/l/meetup-join/19%3ameeting_YTYyNTcxNGQtZmFlYS00YWE4LTg0ZDMtYTI4OWU0YjQyNTI3%40thread.v2/0?context=%7b%22Tid%22%3a%22441241b8-18d5-4e66-9e2f-6edad2b78c92%22%2c%22Oid%22%3a%22c2b7a822-6359-4e45-af4a-a78b303d9129%22%7d tel:+13217549474,,503503171

G. BID DOCUMENTATION.

The following documents/information SHALL be included with each Bidder's sealed bid to constitute a complete bid package:

1. Bid Forms

2. Reference Form (Attachment A)

3. Certificate of Non-Collusion (Attachment B)

4. List of Subcontractors (Attachment C)

5. Good Faith Efforts Documentation (Attachment D)

6. Bid Bond or cashier’s check (Attachment E) if applicable.

7. Contract Participation Form (Attachment H)

8. Letter of Intent (Attachment I)

9. Contractor Minimum Qualifications Documentation (see Section V, Part B)

10. A copy of the Contractor’s certificate of insurance or other documentation from the insurance carrier evidence of insurability in accordance with the Commission’s insurance requirements.

11. Written evidence of ability to obtain Performance and Payment Bonds.

12. An estimated progress schedule of the work.

13. W-9 Form

H. BID ACCEPTANCE.

Bids considered irregular may be rejected. Irregularities include, but are not limited to, the following:

1. Bids not written in ink or not typed.

2. Bids reserving the right to accept or reject an award or qualifying award based on acceptance.

3. Bids not properly signed.

4. Erasures or alterations not initialed by the bidder.

5. Bids that are unbalanced in unit price or lump sum price either in excess or below the cost analysis values as determined by the Commission.

6. Unauthorized additions, conditions, alternative bids, or other irregularities that may make the bid incomplete, indefinite, or ambiguous.

The Commission may correct arithmetical errors in the cost tabulation before evaluation. The results of the comparisons will be available after the award of the contract.

I. NO CONTRACT

No contract shall result from the submission of any bid and no liability shall accrue to the Capital Region Airport Commission with respect thereto until a written contract or purchase order and accompanying documents have been fully and completely executed on the part of the successful bidder and the Commission, incorporating the terms hereof.

SECTION III –TERMS AND CONDITIONS

A. SOLICITATION TERMS

1. Award of Contract: The Commission will make the award on a Total Lump Sum Bid basis to the lowest responsive and responsible bidder. Responsive bids comply in all material aspects with the conditions of the bid. Responsible bids shall be determined by the capability of the bidder to perform the contract in all respects including those matters discussed in the Qualifications of Bidders section, based in part on responses to this Invitation to Bid. Based upon the review of completed projects, the Commission may determine that a bidder is not responsible as that term is used in VA Code Section 2.2- 4301. If the apparent low bidder is determined to be non-responsible, the bidder shall be notified as provided in VA Code Section 2.2-4359.

The Commission reserves the right to reject all bids, in whole or in part, to waive informalities, and to delete items before making the award, whenever it is deemed in the sole opinion of the Commission to be in its best interest.

2. Award Notification: Upon the award or the announcement of the intent to award a Contract as a result of this solicitation, the Commission will publicly post such notice on the eVA website at https://eva.virginia.gov and on the Commission’s public notice boards located on the ground floor of the terminal building near the chapel and on the 2nd floor near the business center, 1 Richard E Byrd Terminal Drive, Richmond International Airport, VA 23250.

3. Bid Prices: Bid prices shall be in the form of firm, fixed prices. See Bid Schedule.

4. Taxes: Any applicable Federal, State, and Local sales and use tax is to be included in the stated bid prices. It is the responsibility of the Contractor to determine whether sales taxes are applicable. The Contractor is liable for any applicable taxes which are not included in the stated bid prices.

5. Bid Withdrawal: Any bid may be withdrawn before the stated deadline for submission of bids or authorized postponements thereof. No bid may be withdrawn after the scheduled closing time for receipt of bids. In case of error, the bidder may withdraw the bid within two (2) business days after the bid opening as provided in the Virginia Public Procurement Act, Section 2.2-4330.

6. Debarment Status: By submitting a bid, Bidders certify that they are not currently debarred by the Commonwealth of Virginia from submitting bids on contracts for the type of goods and/or services covered by this solicitation, nor are they an agent of any person or entity that is currently so debarred. For federally funded projects, Bidders certify they are not included on the Excluded Parties List System.

7. Equal Opportunity: The Capital Region Airport Commission, in accordance with the provisions of Title VI of the Civil Rights Act of 1964 (78 Stat. 252, 42 U.S.C. §§ 2000d to 2000d-4) and the Regulations, hereby notifies all bidders that it will affirmatively ensure that any contract entered into pursuant to this advertisement, disadvantaged business enterprises will be afforded full and fair opportunity to submit bids in response to this invitation and will not be discriminated against on the grounds of race, color, or national origin in consideration for an award.

a. In General. The Contractor agrees and certifies that it will comply with the provisions set forth below. The Contractor further agrees that it will (i) insert each of these provisions in all of its contracts and subcontracts related to this Agreement, (ii) require that the clauses be included in all lower-tier subcontracts related to this Agreement,

(iii) incorporate applicable requirements of these provisions by reference for work done https://eva.virginia.gov/ under any purchase orders, rental agreements and other agreements for supplies or services, and (iv) be responsible for compliance with these provisions by any subcontractor, lower-tier subcontractor or service provider.

b. General Civil Rights Provisions. The Contractor agrees that it will comply with pertinent statutes, Executive Orders, and such rules as are promulgated to ensure that no person shall, on the grounds of race, creed, color, national origin, sex, age, or handicap be excluded from participating in any activity conducted with or benefiting from Federal assistance. This provision shall bind the Contractor from the bid solicitation period through the completion of the contract. This provision also obligates the Contractor or its transferee for the period during which Federal assistance is extended to Richmond International Airport through the Airport Improvement Program, except where Federal assistance is to provide or is in the form of personal property;

real property or interest therein; structures or improvements thereon. In these cases the provision obligates the party or any transferee for the longer of the following periods: (i) the period during which the property is used by the Commission or any transferee for a purpose for which Federal assistance is extended, or for another purpose involving the provision of similar services or benefits; or (ii) the period during which the Commission or any transferee retains ownership or possession of the property.

c. Compliance with Title VI Nondiscrimination Requirements. During the performance of this Agreement, the Contractor, for itself, its assignees, and successors in interest (hereinafter referred to as the “contractor”) agrees as follows:

1. Compliance with Regulations: The Contractor, for itself, its assignees and successors in interest, and consultants will comply with the Title VI List of Pertinent Nondiscrimination Statutes and Authorities, as they may be amended from time to time, which are herein incorporated by reference and made a part of this Agreement.

2. Non-discrimination: The Contractor, with regard to the work performed by it during the Contract, will not discriminate on the grounds of race, color, or national origin in the selection and retention of subcontractors, including procurements of materials and leases of equipment. The Contractor will not participate directly or indirectly in the discrimination prohibited by the Acts and the Regulations, including employment practices when the Contract covers any activity, project, or program outlined in Appendix B of 49 CFR Part 21.

3. Solicitations for Subcontracts, Including Procurements of Materials and Equipment:

In all solicitations, either by competitive bidding, or negotiation made by the Contractor for work to be performed under a subcontract, including procurements of materials, or leases of equipment, each potential subcontractor or supplier will be notified by the Contractor of the Contractor’s obligations under this Agreement and the Acts and the Regulations relative to non-discrimination on the grounds of race, color, or national origin.

4. Information and Reports: The Contractor will provide all information and reports required by the Acts, the Regulations, and directives issued pursuant thereto and will permit access to its books, records, accounts, other sources of information, and its facilities as may be determined by the Commission or the Federal Aviation Administration to be pertinent to ascertain compliance with such Acts, Regulations, and instructions. Where any information required of a contractor is in the exclusive possession of another who fails or refuses to furnish the information, the Contractor will so certify to the sponsor or the Federal Aviation Administration, as appropriate, and will set forth what efforts it has made to obtain the information.

5. Sanctions for Noncompliance: In the event of a Contractor’s noncompliance with the Non-discrimination provisions of this Agreement, the Commission will impose such contract sanctions as it or the Federal Aviation Administration may determine to be appropriate, including, but not limited to (i) withholding payments to the Contractor under the Contract until the Contractor complies; and/or (ii) canceling, terminating, or suspending a Contract, in whole or in part.

6. Incorporation of Provisions: The Contractor will include the provisions of subparagraphs one through five in every subcontract, including procurements of materials and leases of equipment, unless exempt by the Acts, the Regulations, and directives issued pursuant thereto. The Contractor will take action with respect to any subcontract or procurement as the sponsor or the Federal Aviation Administration may direct as a means of enforcing such provisions including sanctions for noncompliance. Provided, that if the Contractor becomes involved in, or is threatened with litigation by a subcontractor, or supplier because of such direction, the Contractor may request the Commission to enter into any litigation to protect the interests of the Commission. In addition, the Contractor may request the United States to enter into litigation to protect the interests of the United States.

d. Title VI List of Pertinent Nondiscrimination Authorities. During the performance of this Agreement, the Contractor, for itself, its assignees, and successors in interest agrees to comply with the following nondiscrimination statutes and authorities; including but not limited to:

• Title VI of the Civil Rights Act of 1964 (42 U.S.C. § 2000d et seq., 78 stat. 252), (prohibits discrimination based on race, color, and national origin);

• 49 CFR part 21 (Non-discrimination in Federally-Assisted Programs of The

Department of Transportation—Effectuation of Title VI of The Civil Rights Act of 1964);

• The Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970, (42 U.S.C. § 4601), (prohibits unfair treatment of persons displaced or whose property has been acquired because of Federal or Federal-aid programs and projects);

• Section 504 of the Rehabilitation Act of 1973, (29 U.S.C. § 794 et seq.), as amended, (prohibits discrimination based on disability); and 49 CFR part 27;

• The Age Discrimination Act of 1975, as amended, (42 U.S.C. § 6101 et seq.), (prohibits discrimination based on age);

• Airport and Airway Improvement Act of 1982, (49 USC § 471, Section 47123), as amended, (prohibits discrimination based on race, creed, color, national origin, or sex);

• The Civil Rights Restoration Act of 1987, (PL 100-209), (Broadened the scope, coverage, and applicability of Title VI of the Civil Rights Act of 1964, The Age Discrimination Act of 1975, and Section 504 of the Rehabilitation Act of 1973, by expanding the definition of the terms “programs or activities” to include all of the programs or activities of the Federal-aid recipients, sub-recipients and contractors, whether such programs or activities are Federally funded or not);

• Titles II and III of the Americans with Disabilities Act of 1990, which prohibit discrimination based on disability in the operation of public entities, public and private transportation systems, places of public accommodation, and certain testing entities (42 U.S.C. §§ 12131 – 12189) as implemented by Department of Transportation regulations at 49 CFR parts 37 and 38.

• The Federal Aviation Administration’s Non-discrimination statute (49 U.S.C. § 47123) (prohibits discrimination based on race, color, national origin, and sex);

• Executive Order 12898, Federal Actions to Address Environmental Justice in Minority Populations and Low-Income Populations, which ensures discrimination against minority populations by discouraging programs, policies, and activities with disproportionately high and adverse human health or environmental effects on minority and low-income populations.

• Executive Order 13166, Improving Access to Services for Persons with Limited English Proficiency, and resulting agency guidance, national origin discrimination includes discrimination because of limited English proficiency (LEP). To ensure compliance with Title VI, you must take reasonable steps to ensure that LEP persons have meaningful access to your programs (70 Fed. Reg. at 74087 to 74100);

• Title IX of the Education Amendments of 1972, as amended, prohibits you from discriminating because of sex in education programs or activities (20 U.S.C. 1681 et seq).

8. Ethics in Public Contracting: By submitting a bid, Bidders certify that their bids are made without collusion or fraud and that they have not offered or received any kickbacks or inducements from any other bidder, supplier, successful bidder, or subcontractor in connection with their bid, and that they have not conferred on any public employee having official responsibility for this procurement transaction any payment, loan, subscription, advance, deposit of money, services or anything of more than nominal value, present or promised unless consideration of substantially equal or greater value was exchanged.

9. Faith-Based Organizations: The Capital Region Airport Commission does not discriminate against faith-based organizations as that term is defined in the Virginia Public Procurement Act Section 2.2-4343.

10. Informalities: Failure to furnish all information requested or to follow the format requested in this IFB may disqualify the bid. The Commission, in its sole discretion, may waive informalities and nonmaterial deviations in the bid. Any waiver of informalities or nonmaterial deviations shall not modify the original IFB or relieve Bidder from full compliance with the contract requirements if awarded.

11. Laws and Courts: Any contract resulting from this Invitation to Bid shall be governed in all respects by the laws of the Commonwealth of Virginia and any litigation with respect thereto shall be brought in the Circuit Court of the County of Henrico. The Contractor shall comply with all applicable Federal, State, and local laws and regulations, including the rules and regulations of the Commission.

12. Attorney’s Fees. The Contractor agrees that in the event it breaches any term of the Contract or the Contract Documents, it shall reimburse the Commission for any costs and expenses, including reasonable attorneys’ fees and the fees of experts and consultants, reasonably incurred by the Commission as a result of such breach and the Commission’s enforcement of the Contract or Contract Documents. The Contractor further agrees that if it commences, or if someone commences on its behalf, a claim or action alleging the breach of the Contract or Contract Documents by the Commission or to determine or challenge the validity of the Contract or Contract Documents, or any part thereof, and the Commission shall prevail against such claim or action in whole or in part, the Contractor shall reimburse the Commission all costs and expenses reasonably incurred by the Commission arising from or related to the Commission successful defense of such claim or action, including reasonable attorneys’ fees and the fees of experts and consultants. The foregoing remedies shall be in addition to any other remedies or relief to which the Commission may be entitled.

13. Waiver of Jury Trial. BY TENDERING A BID FOR ACCEPTANCE BY THE

COMMISSION, THE BIDDER EXPRESSLY, IRREVOCABLY, AND

UNCONDITIONALLY WAIVES THE RIGHT TO A TRIAL BY JURY IN ANY ACTION OR

PROCEEDING RELATED TO THE BID, THE BID PROCESS OR ANY CONTRACT

WITH THE COMMISSION RESULTING FROM THE BID.

14. Negotiations with the Lowest Bidder: If the bid from the lowest responsive, responsible bidder exceeds available funds, the Commission reserves the right to negotiate with the apparent low bidder to obtain a contract price within available funds. Before bidding, the amount of available funds will be determined. If the lowest responsive and responsible bid is greater than the available funds, the Commission will determine, at its sole discretion, whether to negotiate with the apparent low bidder, cancel the existing bid and re-solicit, or cancel the bid entirely.

15. Warranties: There shall be no waiver of implied warranties of merchantability and fitness of purpose as intended in the Invitation to Bid. The successful bidder’s express warranty shall conform to the warranty requirements specified herein; however, in no case shall the successful bidder’s warranty period for workmanship and materials be less than one (1) year from the date work is completed and accepted by the Owner.

B. CONTRACT TERMS

1. Assignment of Contract: The Contract shall not be assignable, in whole or in part, without the written consent of the Commission, in its sole discretion.

2. Default: In case of failure to perform services in accordance with the contract terms and conditions, the Commission, after written notice, may procure the services from other sources and hold the Contractor responsible for any resulting additional purchase and administrative costs. This remedy shall be in addition to any other remedies the Commission may have.

3. Changes In the Contract: Changes can be made to the Contract in either of the following ways:

a. The Commission reserves the right to add or delete units from this contract, as required. The parties may agree in writing to modify the scope of the contract. An increase or decrease in the price of the contract resulting from such modification shall be agreed to by the parties as a part of their written agreement to modify the scope of the contract.

b. The Commission may order changes within the general scope of the contract at any time by written notice to the Contractor. Changes within the scope of the contract include, but are not limited to, things such as services to be performed, and increase or decrease in quantities. The Contractor shall comply with the notice upon receipt.

The Contractor shall be compensated for any additional costs incurred as the result of such order and likewise shall give the Commission credit for any savings.

4. Drug-free workplace: During the performance of this Contract, the Contractor agrees to

(i) provide a drug-free workplace for the contractor's employees; (ii) post in conspicuous places, available to employees and applicants for employment, a statement notifying employees that the unlawful manufacture, sale, distribution, dispensation, possession, or use of a controlled substance or marijuana is prohibited in the contractor's workplace and specifying the actions that will be taken against employees for violations of such prohibition; (iii) state in all solicitations or advertisements for employees placed by or on behalf of the contractor that the contractor maintains a drug-free workplace; and (iv) include the provisions of the foregoing clauses in every subcontract or purchase order of over $10,000, so that the provisions will be binding upon each subcontractor or vendor.

5. Indemnification of the Commission: The Contractor shall defend, indemnify, and hold harmless the Commission, its Commissioners, officers, agents, employees, and representatives from all claims, demands, suits, actions or judgments, including attorney fees, for damage to property and/or injury to persons (including death) alleged or claimed to have been caused whole or in part by or through the performance by the Contractor, or the condition of the site, or by reason of any actions or activities of the Contractor on the Commission’s property whether or not such damage is caused by a party indemnified hereunder. In all claims against the Commission or any of its Commissioners, officers, agents, or employees by the successful bidder or any employee of the Contractor, anyone directly or indirectly employed by any of them, or anyone whose acts any of them may be liable, the indemnification obligation under this section shall not be restricted by any limitation on the amount or type of damage, compensation or benefits payable by or for the Contractor under Workers’ Compensation Acts, disability acts or other employee benefit acts.

6. Insurance Requirements: The Contractor must maintain, as a minimum, the following insurance policies at the time the work commences and maintain those or greater coverages during the entire term of the contract. The Contractor shall purchase and maintain at all times such insurance as will protect it and the Commission (who shall be named as additional Insured, except for Workers’ Compensation) from claims resulting from the Contractor’s operations under the Contract, whether such operations be by the Contractor or by any subcontractor or by anyone directly or indirectly employed by any of the subcontractors, or by anyone for whose acts any of them may be liable:

Workers’ Compensation in statutory amounts Commercial General Liability in an amount not less than $1,000,000 per occurrence and $2,000,000 aggregate Automobile Liability in an amount not less than $1,000,000 per occurrence Excess Liability in an amount not less than $5,000,000

Certificates of Insurance acceptable to the Commission shall be filed with the Commission before the commencement of any services as outlined in this Invitation to Bid and kept current thereafter. These Certificates shall contain a provision that coverage afforded under the policies will not be canceled or terminated without at least thirty (30) days prior written notice to the Commission.

7. Payment Terms: Payment shall be made upon completion of the project, and Owner acceptance, including receipt of contractor/manufacturer warranties. Invoice for payment shall be submitted to:

Nagesh Tummala Director Capital Development

Capital Region Airport Commission 1 Richard E. Byrd Terminal Drive

Richmond International Airport, VA 23250-2400

The project title and number shall be referenced in all correspondence and all invoices.

The owner shall make payment on all approved invoices within thirty (30) days.

8. Subcontracts: No portion of the work shall be subcontracted without prior written consent of the Commission.

9. Subcontractors: If the successful bidder desires to subcontract some part of the work specified herein, the successful bidder must furnish the Commission with the information set forth below. The successful bidder shall, however, remain fully liable and responsible for the work to be done by its subcontractor(s) and shall assure compliance with all requirements of the contract. Notwithstanding anything to the contrary in this Invitation to Bid or the Contract Documents, a subcontractor’s cessation or abandonment of performance or a subcontractor’s failure to perform under its subcontract or with respect to the Contract Documents will not absolve Contractor from full performance under the Contract Documents and shall not serve as a basis for delay of the work or under the Contract Documents or any claim for increased costs or expenses.

Each Bidder shall submit to the Commission, with its Bid, the List of Subcontractors found in this Invitation to Bid, completed with the names of all such subcontractors, suppliers, other persons, and organizations proposed for those portions of the work for which such identification is required. Suppliers and equipment manufacturers who are named in the Bid Form need not be named in the List of Subcontractors. The Commission will, during the term of the Contract, have the right of reasonable rejection of staff or subcontractors assigned to the project by the Contractor. If the Commission reasonably rejects staff or subcontractors, the Contractor must provide replacement staff or subcontractors satisfactory to the Commission in a timely manner and at no additional cost to the Commission. The day-to-day supervision and control of the Contractor’s employees shall be solely the responsibility of the Contractor.

If the apparent successful bidder declines to make such a substitution, the Commission may award the contract to the next lowest bidder that proposes to use acceptable subcontractors, suppliers, and other persons, and organizations. The declining to make the requested substitutions will not constitute grounds for sacrificing the Bid security of any Bidder. Any subcontractor, supplier, other person, or organization listed and to whom the Commission or its representative does not make a written objection before giving the Notice of Award will be deemed acceptable to the Commission and its representative. The provisions of this section shall continue to apply following Notice of Award and hence the successful bidder may only change subcontractors from the List of Subcontractors with the consent of the Commission.

By submitting the List of Subcontractors as provided for herein, each Bidder is indicating that the Bidder is confident that each subcontractor listed:

a. Has sufficient financial capability, physical plant, and personnel to perform its duties under the contract.

b. Has successfully provided similar work on at least three recent occasions.

c. Has stated or attached a list of the names of manufacturers whose products it will supply.

d. Has been provided by the contractor an electronic copy of this Request for Bid, the Contract Documents (wherever they may be defined to be, plans, drawings, specifications, etc., and Contractor, by presenting a bid, represents that all of the foregoing information has been provided to its subcontractors in advance of the Contractor’s submission of its bid.

Notwithstanding the foregoing or any other provision in this Agreement or the Contract Documents, nothing contained therein is intended to or shall be deemed to or shall create any contractual relationship between any subcontractors of Contractor and the Commission.

10. Supervision: The Contractor shall be responsible for completely supervising and directing the work under this Contract and all subcontractors that it may utilize, using its best skill and attention. Subcontractors who perform work under this Contract shall be responsible to the prime Contractor. The Contractor agrees that it is as fully responsible for the acts and omissions of its subcontractors and persons employed by them as it is for the acts and omissions of its employees.

11. Work Site: The Contractor expressly undertakes, either directly or through its Subcontractors:

a. To comply with the regulations governing the operation of premises and to perform its

Contract in such a manner as not to interrupt or interfere with the operation of any existing activity on the premises or at the location of the work.

b. To store all apparatus, materials, supplies, and equipment in such an orderly fashion at the site of the work as will not unduly interfere with the progress of the work or the Commission’s use of the facilities.

c. To place upon the work or any part thereof only such loads as are consistent with the safety of that portion of the work.

d. To clean up frequently all refuse, rubbish, scrap materials, and debris caused by his operations, at the end of the work at all times the site of the work shall present a neat, orderly, and workmanlike appearance.

C. SUPPLEMENTAL TERMS

1. Completion Date: The Commission will issue a limited Notice-to-Proceed (NTP) following the award of the contract to validate field conditions and procure project materials. The limited NTP will be for no more than Sixty (60) calendar days. At the expiration of the limited NTP (or earlier, as agreed upon by the Commission and Contractor), the Commission will then issue a full NTP to perform the work. All work must be substantially completed no later than Seventy-Five (75) calendar days following receipt of the full NTP. The contractor shall include in his bid all the costs required to ensure timely delivery of all materials required to complete the project within the time allowed.

2. Familiarity of Job Site: The Bidder’s signature on the bid constitutes certification that the Bidder is familiar with the job site and is aware of the conditions under which the work must be accomplished. The Commission will not consider any claims as a result of the unknown conditions of the site. The pre-bid meeting shall provide an overview of the Richmond International Airport locations and current worksite conditions.

3. Liquidated Damages: The Contractor shall substantially complete the Work under and pursuant to the Contract Documents by the dates specified for achievement of substantial completion as outlined in the contract documents. Should the Contractor fail to complete the work by the date for achievement of substantial completion as outlined in the contract documents, the Commission shall deduct from progress payments or any funds remaining due to the Contractor, or the Contractor shall pay the Commission the sum of Five Hundred Dollars ($500.00) per day for each calendar day that the work remains uncompleted beyond the specified date, as liquidated damages that the Commission shall suffer by such default and not by way of penalty.

4. Methods of Measuring Performance: The performance of the Contractor will be measured to include, but not limited to the following criteria: Compliance with terms of the contract and established schedules, response times to inquiries, prompt repair of damaged Airport property and replacements provided, accurate invoicing.

5. Permits. Permitting, if required, will be provided within strict compliance with all governing regulations. The Contractor shall be responsible for obtaining all applicable permits for this project at no additional charge to the Commission.

6. Protection of Persons and Property: The Contractor undertakes to always take every precaution for the protection of persons and property, including the Commission’s employees and property and its own. Any damage, including damage to finished surfaces, resulting from the performance of this contract shall be repaired to the Commission's satisfaction at the Contractor's expense.

7. Testing/Inspection: The Commission reserves the right to conduct any test/ inspection it may deem advisable to ensure services and the resulting project conform to the specifications.

8. Work Site Damages: Any damage, including damage to finished surfaces, subsurface structures, or utilities, resulting from the performance of this contract shall be repaired to the Commission's satisfaction at the successful bidder's expense.

9. Project Specifications: See First Floor South Garage Lighting Replacement project specifications and drawings.

SECTION IV – SECURITY REQUIREMENTS

A. SECURITY COMPLIANCE

1. Badges: If access to Secured Areas of the airport is required then contractor employees shall conform to all Commission security requirements to include, but not be limited to, purchasing an identification badge. The SIDA ID badge fee, currently $50.00 EA employee, may change without notice and shall be at the sole expense of the Contractor.

All personnel requiring an ID badge to enter Secure Identification Display Areas (SIDA) and Sterile Areas must also be fingerprinted; the cost of this process is $50.00 per person.

Fees will not be refunded if applicants do not meet minimum acceptable criteria after the application process has been initiated.

2. Lost or Stolen Badge: In the event an ID badge is lost or stolen, the employee or operator shall notify the Richmond International Airport Operations Desk immediately at telephone # 804 226-3056. The employee or operator will be required to pay a lost badge fee if the ID is not recovered to have uninterrupted access to the airport and to perform services.

3. Surrender: Contractor shall relinquish, without refund, all ID badges at the completion of the contract, or at any time as may be requested of the Commission. Failure to return all badges shall result in additional lost badge fee(s) and may result in loss of future contracts.

4. Security Check: The Contractor may be mandated to perform a five (5) year pre-employment check for each employee/operator working on Commission property and such investigation shall be provided to the Commission upon request.

5. Training: Contractor employees/operators may be required to participate in the Commission’s security and driver training programs. Security training is 1-1.5 hours.

Drivers training 1-2 hours of computer-based training with additional On-The-Job (OJT) training if unescorted movement area driver privileges are required.

6. Vehicles: If applicable, the Contractor’s vehicles shall report to the designated entry gates and shall always be escorted by appropriate Commission personnel while in secured areas. Vehicles will be required to be properly marked in accordance with the Airport Security Program.

7. Contractor specifically agrees to observe all security requirements of Part 1542 of the Regulations of the Transportation Security Administration (“TSA”), and the Airport Security Program, as amended from time to time, including obtaining AOA security training, AOA drivers’ training and any necessary identification badges before working in any limited access areas.

B. SECURITY CONTRACT

1. Under Part 1542 of the Regulations of the Transportation Security Administration (“TSA”), the operator of an airport that serves air carrier aircraft must have an approved Security Program approved by the TSA. The Commission’s Security Program provides for the execution of an agreement between the Commission and the Contractor. The Contract may be required to enter a separate contract for security purposes.

2. A sample Security Contract is available for review upon request. Contact the Procurement Specialist for further information.

Contractor Note: The Commission may suspend or discontinue security access for any personnel, at any time, and without prior notice.

SECTION V – QUALIFICATIONS OF BIDDERS

A. RESPONSIBLE BIDDER.

1. Bidders will be judged on their ability to provide labor, materials, and equipment to perform the requested tasks in a timely manner. As defined in Section 2.2-4301 of the Virginia Public Procurement Act, a responsible bidder means a person who has the capability, in all respects, to perform fully the contract requirements and the moral and business integrity and reliability which will assure good faith performance. The Commission may make such reasonable investigations as deemed proper and necessary, including consultation with listed references, to determine the ability of the Bidder to perform fully the contract requirements. The Bidder shall furnish the Commission with all such information and data for this purpose as may be requested.

2. The Commission reserves the right to inspect the Bidder’s physical facilities before award to satisfy questions regarding the Bidder’s capabilities. The Commission further reserves the right to reject any Bidder as not responsible if the evidence submitted by, or investigations of, such Bidder fail to satisfy the Commission that such Bidder has the capability to perform fully the contract requirements, in all respects, and to complete the work contemplated here. The bidder will not be considered responsible if they have defaulted under the terms of any contract with the Commission within the past five (5) years.

B. MINIMUM CONTRACTOR QUALIFICATIONS.

The successful bidder must have the following qualifications and provide evidence of meeting these qualifications and the responses to the following items shall be included with the bid submission:

1. Experience in a position of prime responsibility as a general contractor of at least three (3) projects of similar size and scope within the past five (5) years.

2. Provide a list of all projects of similar size and scope for which the bidder has served as either a prime contractor or sub-contractor for the past five (5) years.

3. The project manager and superintendent assigned to this project by the general contractor shall have specific background and experience in managing a project of this type and size.

Provide resumes for these individuals.

4. Proof demonstrating the contractor can meet the performance schedule of the contract as compared with other business commitments using existing available resources or those resources readily available.

5. A satisfactory record of performance based on responses from reference checks. The Commission reserves the right to contact other references not listed herein.

6. Submit a summary of all claims made in the past five (5) years arising out of…