25-002-GEN_Loomis_Rd_Sanitary_Sewer_Phase_2-Rebid_-_Specs.pdf

PROPOSAL,

CONTRACT DOCUMENTS,

GENERAL PROVISIONS, SPECIAL PROVISIONS

TECHNICAL SPECIFICATIONS

FOR

Loomis Road Sanitary Sewer

Replacement & Relocation –

Phase 2 – Rebid

PLANS PREPARED BY:

Gresham Smith

KENTON COUNTY AIRPORT BOARD

January 2025

SEAL ISSUED FOR BID

Table of Contents

NOTICE TO BIDDERS

INSTRUCTIONS TO BIDDERS

GENERAL PROVISIONS

SECTION 10 DEFINITION OF TERMS

SECTION 20 PROPOSAL REQUIREMENTS AND CONDITIONS

SECTION 30 AWARD AND EXECUTION OF CONTRACT

SECTION 40 SCOPE OF WORK

SECTION 50 CONTROL OF WORK

SECTION 60 CONTROL OF MATERIALS

SECTION 70 LEGAL REGULATIONS AND RESPONSIBILITY TO PUBLIC

SECTION 80 EXECUTION AND PROGRESS

SECTION 90 MEASUREMENT AND PAYMENT

GENERAL CONSTRUCTION ITEMS

ITEM C-100 CONTRACTOR QUALITY CONTROL PROGRAM

ITEM C-105 MOBILIZATION

ITEM C-110 METHOD OF ESTIMATING PERCENTAGE OF MATERIAL WITHIN SPECIFICATION LIMITS

(PWL)

SPECIAL PROVISIONS

SECTION 1 - PROJECT INFORMATION

SECTION 2 - GENERAL CONSTRUCTION REQUIREMENTS

SECTION 3 - SAFETY AND SECURITY REQUIREMENTS

SECTION 4 - SCHEDULE, SEQUENCE OF OPERATIONS, REPORTS AND MEETINGS

SECTION 5 - PROJECT CLOSEOUT

SECTION 6 - EQUAL EMPLOYMENT OPPORTUNITY (EEO) AND CIVIL RIGHTS REQUIREMENTS

SECTION 7 - GOVERNMENT CONTRACT PROVISIONS

SECTION 8 - TESTING REQUIREMENTS

TECHNICAL SPECIFICATIONS

NOTICE TO BIDDERS

Pursuant to the provisions of KRS 424.260, the Kenton County Airport Board (Owner) will receive competitive sealed bids for the Loomis Road Sanitary Sewer Replacement & Relocation – Phase 2 Rebid project at the Cincinnati/Northern Kentucky International Airport (Airport) located in Boone County, Kentucky (the “Project”). Bids will be received no later than February 20, 2025, at 2:00 p.m. ET. No bids will be accepted after that time unless extended pursuant to an addendum issued by the Owner.

The Project includes replacement and realignment of the sanitary sewer system on the north side of the airport around Loomis Road. The proposed sanitary sewer includes replacement of some segments in the same alignment as existing and some new segments in a completely new alignment resulting in abandonment of existing. The project will tie existing sanitary sewer lines into the new proposed sewer to result in a completely operational system with a consolidated alignment as shown. The project has one connection to the “Phase 1” portion of this project already under contract. Further details and copies of the bidding documents which can be accessed at https://procurement.opengov.com/portal/cvgairport.

A Pre-Bid meeting and site visit will be held January 30, 2025, at 10:00 a.m. ET, at the CVG Centre, Admin Offices, 77 Comair Blvd, Erlanger, KY 41018. Please RSVP by January 29, 2025, through KCAB’s online bidding system which can be accessed at https://procurement.opengov.com/portal/cvgairport. Select Invitation #25-002-GEN and provide the name of the person(s) attending.

Preference for Kentucky resident bidders will be applied in accordance with Kentucky law.

The Owner 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 (including limited English proficiency), creed, sex (including sexual orientation and gender identity), age, or disability in consideration for an award.

The Owner reserves the right to waive any informality or irregularity in any bid or bid guaranty, to reject any or all bids, to award or refrain from awarding a contract for the work, and to negotiate with the apparent qualified responsible bidder to such extent as may be beneficial to the Owner.

KENTON COUNTY AIRPORT BOARD

BY: Candace S. McGraw, Chief Executive Officer Cincinnati/Northern Kentucky International Airport Hebron, Kentucky 41048

END OF SECTION

INSTRUCTIONS TO BIDDERS

I. GENERAL

A. The project is to be financed by local funds and/or PFCs.

B. Non-discrimination:

1. Each bidder shall complete, sign and include in its bid the Equal Opportunity Report Statement. When a determination has been made to award a contract to a specific contractor, such contractor shall, prior to award, after award or both, furnish such other pertinent information regarding its own employment policies and practices as well as those of its proposed subcontractors as the FAA, the Sponsor (Owner), or the Secretary of Labor may require. All such information required of a subcontractor shall be furnished by the contractor.

C. Compliance with Law:

1. The Owner has included provisions in this Bid Document/Contract pursuant to the requirements of the Airport Improvement Act of 1982, as amended by the Airport and Airway Safety and Capacity Expansion Act of 1987, and the Rules and Regulations of the FAA that pertain to the work. Bidders must comply with all Federal Requirements including those Federal Requirements included in the Special Provisions Section of this Bid Document/Contract.

2. Bidders must comply with all state laws and local ordinances.

3. The successful bidder must provide evidence of qualifications to conduct business as the contractor for the project under the laws of the Commonwealth of Kentucky within five days following the Owner's issuance of a Notice of Award.

D. General Bond Requirements:

1. Bidders shall provide a Proposal Bond in an amount not less than 5% of the total main bid amount as specified. Only the Proposal Bond form, included with these documents, or as published by the American Institute of Architects (AIA) is acceptable.

2. The successful bidder shall provide Payment and Performance Bonds by a surety company duly authorized to do business in the Commonwealth of Kentucky in the amount of one hundred percent (100%) of the contract amount. The Payment and Performance bonds furnished by the successful bidder must be executed by the owner, a general partner or, if a corporation, the secretary's signature and the seal of the corporation must be affixed. These bonds must remain in effect for the length of the agreement. The agent of the surety must exhibit certificate or license showing legal rights of the surety to do business in the Commonwealth of Kentucky. Only the

Payment and Performance Bond forms provided with these documents or as published by the American Institute of Architects (AIA) are acceptable.

E. Insurance requirements are specified in the Contract bound within these documents.

II. EXAMINATION OF CONDITIONS AFFECTING WORK

Prior to submitting a bid, each bidder shall examine and thoroughly familiarize itself with all existing conditions including all applicable laws, codes, ordinances, rules and regulations that will affect the work. Bidders shall visit the site, examine the grounds and all existing buildings, utilities, and roads and shall ascertain by reasonable means all conditions that will in any manner affect the work. Site visits will be at the pre-bid meeting only on January 30, 2025. Bidders shall submit questions per Section V below for any additional information deemed necessary to be fully informed as to exactly what is to be expected prior to submitting a bid. The drawings have been prepared on the basis of surveys and inspections of the site and represent an essentially accurate indication of the physical conditions at the site. However, the physical conditions as shown on the drawings are not guaranteed as to accuracy. The bidder shall fully inform itself as to existing physical conditions by inspection and other reasonable means as the bidder determines.

III. SUBMISSION OF BIDS

Pricing must be submitted electronically using the Line Items tab on Owner’s bidding system included in this Invitation to Bid (ITB). No other form is acceptable. Submittals must be signed or confirmed by a duly authorized official of the bidding company. Additional items to be submitted are listed below.

A. CONTENTS

Proposal Form

Bidder’s Qualifications

Proposal Bond

Subcontractor List

Affidavit of Workers Compensation

Safety Evaluation and Plans

Safety Evaluation Form

Certification as to Kentucky Resident/Non-Resident Bidder Forms

Responses to this ITB must be submitted electronically through the Owner’s online bidding system which can be accessed at https://procurement.opengov.com/portal/cvgairport. Select the Project and follow the instructions for submittal. The completed and signed bid (together with all required attachments) must be transmitted and received in the system no later than February 20, 2025, at 2:00 p.m. Eastern Time (ET). Bidders should allow sufficient time to upload and transmit all required information. Bidder is solely responsible to ensure its submission is transmitted prior to the due date and time. Owner will not accept submissions after the due date and time and is not responsible for any error in transmission including but not limited to power outage, internet connectivity, unauthorized access, etc.

B. The successful bidder is required to provide verified breakdown of costs of work in a manner acceptable to the Owner.

IV. PREPARATION AND SUBMISSION OF BIDS

A. Erasures or other changes in a bid must be explained or noted over the signature of the bidder.

B. Each bidder shall acknowledge receipt of all addenda through the online bidding system.

C. Bids containing reservations, conditions, omissions, unexplained erasures or alterations, items not required in the bid, or irregularities of any kind, may be rejected by the Owner as being incomplete and not qualified for consideration.

D. Each bid must indicate the full business name and address of the bidder and signed by a duly authorized official of the bidding company.

E. A bid submitted by a partnership must list the names of all partners and signed in the partnership name by one of the members of the partnership who is authorized to sign for the partnership.

F. A bid submitted by a Corporation must be executed in the legal name of the Corporation, followed by the state of incorporation and signed by the President or Vice President or other authorized person. The name of each person signing the bid must be typed or printed below the signature.

G. When the person signing for a corporation is other than the President or Vice President and when requested by the Owner, Bidder shall provide a Power of Attorney or other satisfactory evidence of the authority of the officer signing on behalf of the Corporation for the Owner's records. The name of each person signing the bid must be typed or printed below the signature.

H. The bid must be accompanied by a guaranty in the form of a Proposal Bond executed on the form provided in an amount equal to but not less than 5% of the aggregate amount of the main bid including the main bid options. If a bidder is awarded the contract, but fails, refuses, or neglects to execute the contract or to furnish either the required Payment or Performance Bonds 10 days after receipt of written Notice of Award, then the amount of the Proposal Bond shall be paid to, or retained by, the Owner as liquidated damages, and not as a penalty.

I. Each bidder is required to state that the bidder is the only person interested in the Bid;

that the Bid is made without any connection with any person making another Bid for the same contract, and that the Bidder did not, in any way, collude, conspire, or agree, directly or indirectly with any person, firm, corporation or other person in regard to the amount, terms, or conditions of this Bid, also that no member of the Kenton County Airport Board

(Owner) or any person in the employ of the Owner, is directly or indirectly interested in the Bid, or in the supplies or the work to which it relates, or in any portion of the profits thereof.

V. QUESTIONS / INTERPRETATIONS

A. Each bidder must carefully examine the Project plans and documents and all addenda or other revisions and thoroughly familiarize itself with the detailed requirements prior to submitting a bid. Should a bidder find discrepancies or ambiguities in, or omission from the Project documents, or be in doubt as to their meaning, the bidder shall at once and, in any event at least seven days prior to the bid closing date, notify the engineer who will send written addenda to all bidders. All addenda sent to bidders will become a part of the Contract. No allowance will be made after bids are received for oversight or error by bidder.

B. Owner/Engineer is not bound by, and bidders may not request or rely on any oral interpretation or clarification of this ITB. Therefore, any questions regarding this ITB are encouraged and must be submitted electronically using the Q&A tab of this ITB on Owner’s online bidding system, which can be accessed at https://procurement.opengov.com/portal/cvgairport.

Questions received on or before February 11, 2025, will be posted on the Q&A tab of this ITB on the bidding system no later than February 13, 2025. Answers to questions from any Bidder will be available to all Bidders.

All communications regarding this invitation to bid must only be through the Contract and Procurement Administration Department. No communication is to be directed to any other Owner personnel unless otherwise instructed by the Contract and Procurement Administration Department. Failure to comply may result in the disqualification of respondent’s bid.

VI. MODIFICATIONS AND/OR WITHDRAWAL OF PROPOSALS

A. A bidder may withdraw or revise (by withdrawal of one proposal and submission of another) a bid through the online bidding system provided that the bidder withdrawals its submittal before the bid closing date and time. Revised bids must be submitted before the bid closing date and time.

B. Errors or omissions on the part of the bidder in the preparation of its bid is not grounds for the modification or withdrawal of a bid after the bid closing date and time.

VII. REJECTION OF BIDS

The Owner reserves the right to waive any informality or irregularity in any bid or bid guaranty, to reject any or all bids, to award or refrain from rewarding a contract for the work, and to negotiate with the apparent qualified responsible low bidder(s) to such extent as may be beneficial to the Owner.

VIII. COMPLETION OF PROPOSAL

A. The bidder is required to fill in all the blank spaces on the required forms and complete all of the unit prices on the Line Items tab on the online bidding system for the Project.

B. Unit price for each item must be shown for the unit of measurement indicated. In case of error in extension of prices, the unit price governs.

END OF SECTION

GENERAL PROVISIONS

SECTION 10 DEFINITION OF TERMS

Whenever the following terms are used in these specifications, in the contract, or in any documents or other instruments pertaining to construction where these specifications govern, the intent and meaning shall be interpreted as follows:

Paragraph Number

Term Definition

10-01 AASHTO The American Association of State Highway and Transportation Officials.

10-02 Access Road The right-of-way, the roadway and all improvements constructed thereon connecting the airport to a public roadway.

10-03 Advertisement A public announcement, as required by local law, inviting bids for work to be performed and materials to be furnished.

10-04 Airport Airport means an area of land or water which is used or intended to be used for the landing and takeoff of aircraft;

an appurtenant area used or intended to be used for airport buildings or other airport facilities or rights of way;

airport buildings and facilities located in any of these areas, and a heliport. Airport means the Cincinnati/Northern Kentucky International Airport (CVG).

10-05 Airport Improvement Program (AIP)

A grant-in-aid program, administered by the Federal Aviation Administration (FAA).

10-06 Air Operations Area

(AOA)

The term air operations area (AOA) shall mean any area of the airport used or intended to be used for the landing, takeoff, or surface maneuvering of aircraft. An air operation area shall include such paved or unpaved areas that are used or intended to be used for the unobstructed movement of aircraft in addition to its associated runway, taxiway, or apron.

10-07 Apron Area where aircraft are parked, unloaded or loaded, fueled and/or serviced.

10-08 ASTM International

(ASTM)

Formerly known as the American Society for Testing and Materials (ASTM).

10-09 Award The Owner’s notice to the successful bidder of the acceptance of the submitted bid.

10-10 Bidder Any individual, partnership, firm, or corporation, acting directly or through a duly authorized representative, who submits a proposal for the work contemplated.

10-11 Building Area An area on the airport to be used, considered, or intended to be used for airport buildings or other airport facilities or

Term Definition rights-of-way together with all airport buildings and facilities located thereon.

10-12 Calendar Day Every day shown on the calendar.

10-13 Certificate of Analysis

(COA)

The COA is the manufacturer’s Certificate of Compliance (COC) including all applicable test results required by the specifications.

10-14 Certificate of Compliance

(COC)

The manufacturer’s certification stating that materials or assemblies furnished fully comply with the requirements of the contract. The certificate shall be signed by the manufacturer’s authorized representative.

10-15 Change Order A written order to the Contractor covering changes in the plans, specifications, or proposal quantities and establishing the basis of payment and contract time adjustment, if any, for work within the scope of the contract and necessary to complete the project.

10-16 Contract A written agreement between the Owner and the Contractor that establishes the obligations of the parties including but not limited to performance of work, furnishing of labor, equipment and materials and the basis of payment.

The awarded contract includes but may not be limited to:

Advertisement, Contract form, Proposal, Performance bond, Payment bond, General provisions, certifications and representations, Technical Specifications, Plans, Supplemental Provisions, standards incorporated by reference and issued addenda.

10-17 Contract Item (Pay Item) A specific unit of work for which a price is provided in the contract.

10-18 Contract Time The number of calendar days or working days, stated in the proposal, allowed for completion of the contract, including authorized time extensions. If a calendar date of completion is stated in the proposal, in lieu of a number of calendar or working days, the contract shall be completed by that date.

10-19 Contractor The individual, partnership, firm, or corporation primarily liable for the acceptable performance of the work contracted and for the payment of all legal debts pertaining to the work who acts directly or through lawful agents or employees to complete the contract work.

10-20 Contractors Quality Control (QC) Facilities

The Contractor’s QC facilities in accordance with the Contractor Quality Control Program (CQCP).

10-21 Contractor Quality Control Program (CQCP)

Details the methods and procedures that will be taken to assure that all materials and completed construction required by the contract conform to contract plans, technical specifications and other requirements, whether

Term Definition manufactured by the Contractor, or procured from subcontractors or vendors.

10-22 Control Strip A demonstration by the Contractor that the materials, equipment, and construction processes results in a product meeting the requirements of the specification.

10-23 Construction Safety and Phasing Plan (CSPP)

The overall plan for safety and phasing of a construction project developed by the airport operator or developed by the airport operator’s consultant and approved by the airport operator. It is included in the invitation for bids and becomes part of the project specifications.

10-24 Drainage System The system of pipes, ditches, and structures by which surface or subsurface waters are collected and conducted from the airport area.

10-25 Engineer The individual, partnership, firm, or corporation duly authorized by the Owner to be responsible for engineering, inspection, and/or observation of the contract work and acting directly or through an authorized representative. Engineer means Gresham Smith.

10-26 Equipment All machinery, together with the necessary supplies for upkeep and maintenance; and all tools and apparatus necessary for the proper construction and acceptable completion of the work.

10-27 Extra Work An item of work not provided for in the awarded contract as previously modified by change order or supplemental agreement, but which is found by the Owner’s Engineer or Resident Project Representative (RPR) to be necessary to complete the work within the intended scope of the contract as previously modified.

10-28 FAA The Federal Aviation Administration. When used to designate a person, FAA shall mean the Administrator or their duly authorized representative.

10-29 Federal Specifications The federal specifications and standards, commercial item descriptions, and supplements, amendments, and indices prepared and issued by the General Services Administration.

10-30 Force Account a. Contract Force Account - A method of payment that addresses extra work performed by the Contractor on a time and material basis.

b. Owner Force Account - Work performed for the project by the Owner's employees.

10-31 Intention of Terms Whenever, in these specifications or on the plans, the words “directed,” “required,” “permitted,” “ordered,”

Term Definition

“designated,” “prescribed,” or words of like import are used, it shall be understood that the direction, requirement, permission, order, designation, or prescription of the Engineer and/or Resident Project Representative (RPR) is intended; and similarly, the words “approved,” “acceptable,” “satisfactory,” or words of like import, shall mean approved by, or acceptable to, or satisfactory to the Engineer and/or RPR, subject in each case to the final determination of the Owner.

Any reference to a specific requirement of a numbered paragraph of the contract specifications or a cited standard shall be interpreted to include all general requirements of the entire section, specification item, or cited standard that may be pertinent to such specific reference.

10-32 Lighting A system of fixtures providing or controlling the light sources used on or near the airport or within the airport buildings. The field lighting includes all luminous signals, markers, floodlights, and illuminating devices used on or near the airport or to aid in the operation of aircraft landing at, taking off from, or taxiing on the airport surface.

10-33 Major and Minor Contract Items

A major contract item shall be any item that is listed in the proposal, the total cost of which is equal to or greater than 20% of the total amount of the award contract. All other items shall be considered minor contract items.

10-34 Materials Any substance specified for use in the construction of the contract work.

10-35 Modification of Standards (MOS)

Any deviation from standard specifications applicable to material and construction methods in accordance with FAA Order 5300.1.

10-36 Notice to Proceed (NTP) A written notice to the Contractor to begin the actual contract work on a previously agreed to date. If applicable, the Notice to Proceed shall state the date on which the contract time begins.

10-37 Owner The term “Owner” shall mean the party of the first part or the contracting agency signatory to the contract. Where the term “Owner” is capitalized in this document, it shall mean airport Sponsor only. The Owner for this project is Kenton County Airport Board.

10-38 Passenger Facility Charge

(PFC)

Per 14 Code of Federal Regulations (CFR) Part 158 and 49 United States Code (USC) § 40117, a PFC is a charge imposed by a public agency on passengers enplaned at a commercial service airport it controls.

Term Definition

10-39 Pavement Structure The combined surface course, base course(s), and subbase course(s), if any, considered as a single unit.

10-40 Payment bond The approved form of security furnished by the Contractor and their own surety as a guaranty that the Contractor will pay in full all bills and accounts for materials and labor used in the construction of the work.

10-41 Performance bond The approved form of security furnished by the Contractor and their own surety as a guaranty that the Contractor will complete the work in accordance with the terms of the contract.

10-42 Plans The official drawings or exact reproductions which show the location, character, dimensions and details of the airport and the work to be done and which are to be considered as a part of the contract, supplementary to the specifications. Plans may also be referred to as 'contract drawings.’

10-43 Project The agreed scope of work for accomplishing specific airport development with respect to a particular airport.

Project means Loomis Road Sanitary Sewer Replacement & Relocation – Phase 2 Rebid.

10-44 Proposal The written offer of the bidder (when submitted on the approved proposal form) to perform the contemplated work and furnish the necessary materials in accordance with the provisions of the plans and specifications.

10-45 Proposal guaranty The security furnished with a proposal to guarantee that the bidder will enter into a contract if their own proposal is accepted by the Owner.

10-46 Quality Assurance (QA) Owner’s responsibility to assure that construction work completed complies with specifications for payment.

10-47 Quality Control (QC) Contractor’s responsibility to control material(s) and construction processes to complete construction in accordance with project specifications.

10-48 Quality Assurance (QA) Inspector

An authorized representative of the Engineer and/or Resident Project Representative (RPR) assigned to make all necessary inspections, observations, tests, and/or observation of tests of the work performed or being performed, or of the materials furnished or being furnished by the Contractor.

10-49 Quality Assurance (QA) Laboratory

The official quality assurance testing laboratories of the Owner or such other laboratories as may be designated by the Engineer or RPR. May also be referred to as Engineer’s, Owner’s, or QA Laboratory.

10-50 Resident Project Representative (RPR)

The individual, partnership, firm, or corporation duly authorized by the Owner to be responsible for all necessary inspections, observations, tests, and/or

Term Definition observations of tests of the contract work performed or being performed, or of the materials furnished or being furnished by the Contractor and acting directly or through an authorized representative.

10-51 Runway The area on the airport prepared for the landing and takeoff of aircraft.

10-52 Runway Safety Area (RSA) A defined surface surrounding the runway prepared or suitable for reducing the risk of damage to aircraft. See the construction safety and phasing plan (CSPP) for limits of the RSA.

10-53 Safety Plan Compliance Document (SPCD)

Details how the Contractor will comply with the CSPP.

10-54 Specifications A part of the contract containing the written directions and requirements for completing the contract work.

Standards for specifying materials or testing which are cited in the contract specifications by reference shall have the same force and effect as if included in the contract physically.

10-55 Sponsor A Sponsor is defined in 49 USC § 47102(24) as a public agency that submits to the FAA for an AIP grant; or a private Owner of a public-use airport that submits to the FAA an application for an AIP grant for the airport.

10-56 Structures Airport facilities such as bridges; culverts; catch basins, inlets, retaining walls, cribbing; storm and sanitary sewer lines; water lines; underdrains; electrical ducts, manholes, handholes, lighting fixtures and bases; transformers;

navigational aids; buildings; vaults; and other manmade features of the airport that may be encountered in the work and not otherwise classified herein.

10-57 Subgrade The soil that forms the pavement foundation.

10-58 Superintendent The Contractor’s executive representative who is present on the work during progress, authorized to receive and fulfill instructions from the RPR, and who shall supervise and direct the construction.

10-59 Supplemental Agreement A written agreement between the Contractor and the Owner that establishes the basis of payment and contract time adjustment, if any, for the work affected by the supplemental agreement. A supplemental agreement is required if: (1) in scope work would increase or decrease the total amount of the awarded contract by more than 25%: (2) in scope work would increase or decrease the total of any major contract item by more than 25%; (3) work that is not within the scope of the originally awarded contract; or (4) adding or deleting of a major contract item.

Term Definition

10-60 Surety The corporation, partnership, or individual, other than the Contractor, executing payment or performance bonds that are furnished to the Owner by the Contractor.

10-61 Taxilane A taxiway designed for low-speed movement of aircraft between aircraft parking areas and terminal areas.

10-62 Taxiway The portion of the air operations area of an airport that has been designated by competent airport authority for movement of aircraft to and from the airport’s runways, aircraft parking areas, and terminal areas.

10-63 Taxiway/Taxilane Safety Area (TSA)

A defined surface alongside the taxiway prepared or suitable for reducing the risk of damage to an aircraft. See the construction safety and phasing plan (CSPP) for limits of the TSA.

10-64 Work The furnishing of all labor, materials, tools, equipment, and incidentals necessary or convenient to the Contractor’s performance of all duties and obligations imposed by the contract, plans, and specifications.

10-65 Working day A working day shall be any day other than a legal holiday, Saturday, or Sunday on which the normal working forces of the Contractor may proceed with regular work for at least six (6) hours toward completion of the contract.

When work is suspended for causes beyond the Contractor’s control, it will not be counted as a working day. Saturdays, Sundays and holidays on which the Contractor’s forces engage in regular work will be considered as working days.

10-66 Owner Defined terms 1. Advisory Circular Information. Documents regarding various subject matter conveying Federal Aviation Administration (FAA) requirements for work at airports. Advisory Circulars are available from the FAA for the contractor’s review at http://www.faa.gov/airports/resources/advisory_ circulars/.

2. Shop Drawings. Shop Drawings means drawings, diagrams, illustrations, schedules, catalog cuts, performance charts, brochures, and other data prepared by the Contractor or any subcontractor, manufacturer, supplier or distributor, which illustrate how specific portions of the work shall be fabricated and/or installed.

END OF SECTION 10

SECTION 20 PROPOSAL REQUIREMENTS AND CONDITIONS

20-01 Advertisement (Notice to Bidders). See Notice to Bidders and Instructions to Bidders.

20-02 Qualification of bidders. Each bidder shall furnish the Owner satisfactory evidence of his or her competency to perform the proposed work. Such evidence of competency, unless otherwise specified, shall consist of statements covering the bidder’s past experience on similar work, a list of equipment that would be available for the work, and a list of key personnel that would be available. In addition, each bidder shall furnish the Owner satisfactory evidence of his or her financial responsibility. Such evidence of financial responsibility, unless otherwise specified, shall consist of a confidential statement or report of the bidder’s financial resources and liabilities as of the last calendar year or the bidder’s last fiscal year.

Such statements or reports shall be certified by a public accountant. At the time of submitting such financial statements or reports, the bidder shall further certify whether his or her financial responsibility is approximately the same as stated or reported by the public accountant. If the bidder’s financial responsibility has changed, the bidder shall qualify the public accountant’s statement or report to reflect the bidder’s true financial condition at the time such qualified statement or report is submitted to the Owner.

Each bidder shall submit “evidence of competency” and “evidence of financial responsibility” to the Owner at the time of bid opening.

20-03 Contents of proposal forms. The Owner's proposal forms state the location and description of the proposed construction; the place, date, and time of opening of the proposals; and the estimated quantities of the various items of work to be performed and materials to be furnished for which unit bid prices are asked. The proposal form states the time in which the work must be completed, and the amount of the proposal guaranty that must accompany the proposal. The Owner will accept only those Proposals properly executed on physical forms or electronic forms provided by the Owner. Bidder actions that may cause the Owner to deem a proposal irregular are given in paragraph 20-09 Irregular proposals. For bidding purposes, Mobilization bid item is limited to 10% of the total project cost.

20-04 Issuance of proposal forms. The Owner reserves the right to refuse to issue a proposal form to a prospective bidder should such bidder be in default for any of the following reasons:

a. Failure to comply with any prequalification regulations of the Owner, if such regulations are cited, or otherwise included, in the proposal as a requirement for bidding.

b. Failure to pay, or satisfactorily settle, all bills due for labor and materials on former contracts in force with the Owner at the time the Owner issues the proposal to a prospective bidder.

c. Documented record of Contractor default under previous contracts with the Owner.

d. Documented record of unsatisfactory work on previous contracts with the Owner.

20-05 Interpretation of estimated proposal quantities. An estimate of quantities of work to be done and materials to be furnished under these specifications is given in the proposal. It is the result of careful calculations and is believed to be correct. It is given only as a basis for comparison of proposals and the award of the contract. The Owner does not expressly, or by implication, agree that the actual quantities involved will correspond exactly therewith; nor shall the bidder plead misunderstanding or deception because of such estimates of quantities, or of the character, location, or other conditions pertaining to the work. Payment to the Contractor will be made only for the actual quantities of work performed or materials furnished in accordance with the plans and specifications. It is understood that the quantities may be increased or decreased as hereinafter provided in the subsection 40-02 titled ALTERATION OF WORK AND QUANTITIES of Section 40 without in any way invalidating the unit bid prices.

Implementation of the safety plan is to be included in other bid items.

20-06 Examination of plans, specifications, and site. The bidder is expected to carefully examine the site of the proposed work, the proposal, plans, specifications, and contract forms. Bidders shall satisfy themselves as to the character, quality, and quantities of work to be performed, materials to be furnished, and as to the requirements of the proposed contract. The submission of a proposal shall be prima facie evidence that the bidder has made such examination and is satisfied as to the conditions to be encountered in performing the work and as to the requirements of the proposed contract, plans, and specifications.

20-07 Preparation of proposal. The bidder shall submit his or her proposal on the forms furnished by the Owner. All blank spaces in the proposal forms must be correctly filled in where indicated for each and every item. The bidder shall state the price (written in ink or typed) both in words and numerals which they propose for each pay item furnished in the proposal. In case of conflict between words and numerals, the words, unless obviously incorrect, shall govern. Prices should generally be written in whole dollars and cents. The extended total amount of each item should not be rounded.

If the proposal is made by an individual, his/her name and post office address must be shown. If made by a partnership, the name and post office address of each member of the partnership must be shown. If made by a corporation, the person signing the proposal shall give the name of the state under the laws of which the corporation was chartered and the name, titles, and business address of the president, secretary, and the treasurer. Anyone signing a proposal as an agent shall file evidence of his/her authority to do so and that the signature is binding upon the firm or corporation.

20-08 Responsive and responsible bidder. A responsive bid conforms to all significant terms and conditions contained in the Sponsor’s invitation for bid. It is the Sponsor’s responsibility to decide if the exceptions taken by a bidder to the solicitation are material or not and the extent of deviation it is willing to accept.

A responsible bidder has the ability to perform successfully under the terms and conditions of a proposed procurement, as defined in 2 CFR § 200.318(h). This includes such matters as Contractor integrity, compliance with public policy, record of past performance, and financial and technical resources.

To be determined responsible, a prospective contractor must:

a. Have adequate financial resources to perform the contract, or the ability to obtain them;

b. Be able to comply with the required or proposed delivery or performance schedule, taking into consideration all existing commercial and governmental business commitments;

c. Have a satisfactory performance record. A prospective contractor shall not be determined responsible or nonresponsible solely on the basis of a lack of relevant performance history, except as provided in 9.104-2;

d. Have a satisfactory record of integrity and business ethics;

e. Have the necessary organization, experience, accounting and operational controls, and technical skills, or the ability to obtain them (including, as appropriate, such elements as production control procedures, property control systems, quality assurance measures, and safety programs applicable to materials to be produced or services to be performed by the prospective contractor and subcontractors);

f. Have the necessary production, construction, and technical equipment and facilities, or the ability to obtain them; and

g. Be otherwise qualified

20-09 Irregular proposals. Proposals shall be considered irregular for the following reasons:

a. If the proposal is on a form other than that furnished by the Owner, or if the Owner’s form is altered, or if any part of the proposal form is detached.

b. If there are unauthorized additions, conditional or alternate pay items, or irregularities of any kind that make the proposal incomplete, indefinite, or otherwise ambiguous.

c. If the proposal does not contain a unit price for each pay item listed in the proposal, except in the case of authorized alternate pay items, for which the bidder is not required to furnish a unit price.

d. If the proposal contains unit prices that are obviously unbalanced.

e. If the proposal is not accompanied by the proposal guaranty specified by the Owner.

The Owner reserves the right to reject any irregular proposal and the right to waive technicalities if such waiver is in the best interest of the Owner and conforms to local laws and ordinances pertaining to the letting of construction contracts.

20-10 Bid guarantee. Each separate proposal shall be accompanied by a specified acceptable collateral, in the amount specified in the proposal form. Such collateral shall be made payable to the Owner.

20-11 Delivery of proposal. No proposal will be considered unless received at the place specified in the advertisement or as modified by Addendum before the time specified for opening all bids.

20-12 Withdrawal or revision of proposals. A bidder may withdraw or revise (by withdrawal of one proposal and submission of another) a proposal within the online bidding system before the time specified for opening bids. Revised proposals must be received as specified in the advertisement before the time specified for opening all bids.

20-13 Not Used.

20-14 Disqualification of bidders. A bidder shall be considered disqualified for any of the following reasons:

a. Submitting more than one proposal from the same partnership, firm, or corporation under the same or different name.

b. Evidence of collusion among bidders. Bidders participating in such collusion shall be disqualified as bidders for any future work of the Owner until any such participating bidder has been reinstated by the Owner as a qualified bidder.

c. If the bidder is considered to be in “default” for any reason specified in the subsection 20-04 titled ISSUANCE OF PROPOSAL FORMS of this section.

I20-15 Discrepancies and Omissions. A Bidder who discovers discrepancies or omissions with the project bid documents shall immediately notify the Owner’s Engineer of the matter. A bidder that has doubt as to the true meaning of a project requirement may submit to the Owner’s Engineer a written request for interpretation no later than 7 days prior to bid opening.

Any interpretation of the project bid documents by the Owner’s Engineer will be by written addendum issued by the Owner. The Owner will not consider any instructions, clarifications or interpretations of the bidding documents in any manner other than written addendum.

END OF SECTION 20

SECTION 30 AWARD AND EXECUTION OF CONTRACT

30-01 Consideration of proposals. After the proposals are opened and reviewed, they will be compared on the basis of the summation of the products obtained by multiplying the estimated quantities shown in the proposal by the unit bid prices. If a bidder’s proposal contains a discrepancy between unit bid prices written in words and unit bid prices written in numbers, the unit price written in words shall govern.

Until the award of a contract is made, the Owner reserves the right to reject a bidder’s proposal for any of the following reasons:

a. If the proposal is irregular as specified in the subsection 20-09 titled IRREGULAR PROPOSALS of Section 20.

b. If the bidder is disqualified for any of the reasons specified in the subsection 20-14 titled DISQUALIFICATION OF BIDDERS of Section 20.

In addition, until the award of a contract is made, the Owner reserves the right to reject any or all proposals, waive technicalities, if such waiver is in the best interest of the Owner and is in conformance with applicable state and local laws or regulations pertaining to the letting of construction contracts;

advertise for new proposals; or proceed with the work otherwise. All such actions shall promote the Owner’s best interests.

30-02 Award of contract. The award of a contract, if it is to be awarded, shall be made within 90 calendar days of the date specified for publicly opening proposals, unless otherwise specified herein.

Award of the contract shall be made by the Owner to the lowest, qualified bidder whose proposal conforms to the cited requirements of the Owner.

30-03 Cancellation of award. The Owner reserves the right to cancel the award without liability to the bidder, except return of proposal guaranty, at any time before a contract has been fully executed by all parties and is approved by the Owner in accordance with the subsection 30-07 titled APPROVAL OF CONTRACT of this section.

30-04 Return of proposal guaranty. All proposal guaranties, except those of the two lowest bidders, will be returned immediately after the Owner has made a comparison of bids as specified in the subsection 30-01 titled CONSIDERATION OF PROPOSALS. Proposal guaranties of the two lowest bidders will be retained by the Owner until such time as an award is made, at which time, the unsuccessful bidder’s proposal guaranty will be returned. The successful bidder’s proposal guaranty will be returned, upon request, as soon as the Owner receives the contract bonds as specified in the subsection 30-05 titled REQUIREMENTS OF CONTRACT BONDS of this section.

30-05 Requirements of contract bonds. At the time of the execution of the contract, the successful bidder shall furnish the Owner a surety bond or bonds that have been fully executed by the bidder and the surety guaranteeing the performance of the work and the payment of all legal debts that may be incurred by reason of the Contractor’s performance of the work. The surety and the form of the bond or bonds shall be acceptable to the Owner. Unless otherwise specified in this subsection, the surety bond or bonds shall be in a sum equal to the full amount of the contract.

30-06 Execution of contract. The successful bidder shall sign (execute) the necessary agreements for entering into the contract and return the signed contract to the Owner, along with the fully executed surety bond or bonds specified in the subsection 30-05 titled REQUIREMENTS OF CONTRACT BONDS of this section, and a Site-Specific Safety Plan within 15 calendar days from the date mailed or otherwise delivered to the successful bidder.

30-07 Approval of contract. Upon receipt of the contract and contract bond or bonds that have been executed by the successful bidder, the Owner shall complete the execution of the contract in accordance with local laws or ordinances and return the fully executed contract to the Contractor. Delivery of the fully executed contract to the Contractor shall constitute the Owner’s approval to be bound by the successful bidder’s proposal and the terms of the contract.

30-08 Failure to execute contract. Failure of the successful bidder to execute the contract and furnish an acceptable surety bond or bonds within the 15-calendar day period specified in the subsection 30-06 titled EXECUTION OF CONTRACT of this section shall be just cause for cancellation of the award and forfeiture of the proposal guaranty, not as a penalty, but as liquidation of damages to the Owner.

END OF SECTION 30

SECTION 40 SCOPE OF WORK

40-01 Intent of contract. The intent of the contract is to provide for construction and completion, in every detail, of the work described. It is further intended that the Contractor shall furnish all labor, materials, equipment, tools, transportation, and supplies required to complete the work in accordance with the plans, specifications, and terms of the contract.

40-02 Alteration of work and quantities. The Owner reserves the right to make such changes in quantities and work as may be necessary or desirable to complete, in a satisfactory manner, the original intended work. Unless otherwise specified in the Contract, the Owner’s Engineer or RPR shall be and is hereby authorized to make, in writing, such in-scope alterations in the work and variation of quantities as may be necessary to complete the work, provided such action does not represent a significant change in the character of the work.

For purpose of this section, a significant change in character of work means: any change that is outside the current contract scope of work; any change (increase or decrease) in the total contract cost by more than 25%; or any change in the total cost of a major contract item by more than 25%.

Work alterations and quantity variances that do not meet the definition of significant change in character of work shall not invalidate the contract nor release the surety. Contractor agrees to accept payment for such work alterations and quantity variances in accordance with Section 90, paragraph 90-03, Compensation for Altered Quantities.

Should the value of altered work or quantity variance meet the criteria for significant change in character of work, such altered work and quantity variance shall be covered by a supplemental agreement.

Supplemental agreements shall also require consent of the Contractor’s surety and separate performance and payment bonds. If the Owner and the Contractor are unable to agree on a unit adjustment for any contract item that requires a supplemental agreement, the Owner reserves the right to terminate the contract with respect to the item and make other arrangements for its completion.

40-03 Omitted items. The Owner, the Owner’s Engineer or the RPR may provide written notice to the Contractor to omit from the work any contract item that does not meet the definition of major contract item Major contract items may be omitted by a supplemental agreement. Such omission of contract items shall not invalidate any other contract provision or requirement.

Should a contract item be omitted or otherwise ordered to be non-performed, the Contractor shall be paid for all work performed toward completion of such item prior to the date of the order to omit such item. Payment for work performed shall be in accordance with the subsection 90-04 titled PAYMENT FOR OMITTED ITEMS of Section 90.

40-04 Extra work. Should acceptable completion of the contract require the Contractor to perform an item of work not provided for in the awarded contract as previously modified by change order or supplemental agreement, Owner may issue a Change Order to cover the necessary extra work. Change orders for extra work shall contain agreed unit prices for performing the change order work in accordance with the requirements specified in the order, and shall contain any adjustment to the contract time that, in the RPR’s opinion, is necessary for completion of the extra work.

When determined by the RPR to be in the Owner’s best interest, the RPR may order the Contractor to proceed with extra work as provided in Section 90, paragraph 90-05, Payment for Extra Work.