8-01 Taxiway A Specifications -.pdf

SPECIFICATIONS

FOR

CONSTRUCTION

OF

TAXIWAY A REHABILITATION PHASE II

CITY OF McKINNEY

April 3, 2026 Prepared by:

GARVER

Project No.: AI2633 Bid No.: 26-46ITB

THE CONSTRUCTION OF

TAXIWAY A REHABILITATION PHASE II

CITY OF McKINNEY OFFICIALS

MAYOR

Bill Cox

COUNCIL MEMBERS

Gerê Feltus Justin Beller

Patrick Cloutier Rick Franklin Ernest Lynch Michael Jones

CITY MANAGER

Paul Grimes

AIRPORT DIRECTOR

Kenneth Carley, AAAE

TABLE OF CONTENTS

SECTION I

LEGAL NOTICE

INSTRUCTIONS TO BIDDERS

REQUIRED LANGUAGE IN PUBLISHED ADVERTISEMENT FOR BIDS FOR AIP

CONSTRUCTION CONTRACTS

SPECIAL NOTICE TO BIDDERS

SPECIAL INSTRUCTION TO BIDDERS REGARDING EEO

REQUIRED LANGUAGE IN PROPOSALS FOR AIP CONTRACTS

CERTIFICATION REGARDING DEBARMENT, SUSPENSION, INELIGIBILITY AND

VOLUNTARY EXCLUSION

BUY AMERICAN CERTIFICATION

CERTIFICATION OF NON-SEGREGATED FACILITIES

DISADVANTAGED BUSINESS ENTERPRISE SPECIAL PROVISION AND DBE TEMPLATE

SECTION II

NCTCOG SPECIFICATIONS

SPECIAL CONDITIONS

SECTION I

LEGAL NOTICE

City of McKinney, Texas Advertisement for Bids

The City of McKinney (“City”) is accepting sealed bids for the TAXIWAY A REHABILITATION PHASE II, Project No.: AI2633. Bids will be accepted until 2:00 p.m., April 30, 2026, (“Closing Time”) electronically via the City of McKinney’s procurement portal (“Bonfire”) or in person at the City of McKinney City Hall, 401 E. Virginia Street, McKinney, Texas 75069 (“City Hall”). Any Bid received at City Hall after Closing Time regardless of the cause will be returned unopened.

A non-mandatory pre-submittal conference is scheduled for 1:00 PM on Tuesday, April 14, 2026, at the McKinney National Airport 2nd Floor Conference Room (1508 Industrial Blvd.

McKinney, TX 75069). Representatives of the Owner and Engineer will be present to discuss the Project. The Owner will make available to prospective bidders such Addenda as the Engineer considers necessary in response to issues raised with the Representative during the conference.

Bid opening will occur immediately following the Closing Time inside City Hall and will be broadcasted via a Webex meeting. Bidders are strongly encouraged to attend virtually versus in-person by following the Webex meeting details listed in Bonfire.

Electronic copies of Plans, Specifications and related Documents (collectively “Contract Documents”) will be available for download from Bonfire (https:// mckinneytexas.bonfirehub.com/)

Hard copy submissions of Bids are to be addressed to the Procurement Services Office and shall be marked “SEALED BID – TAXIWAY A REHABILITATION PHASE II, BID NO 26-46ITB” on the outside of the envelope.

The Agent, 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 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. The Disadvantaged Business Enterprise (DBE) Goal is (0%).

The proposed contract is subject to 49 CFR Part 26 concerning the participation of Disadvantaged Business Enterprises and is under and subject to Executive Order 11246 of September 24,1965 and to the Equal Opportunity Clause contained in the bidding documents.

The proposed contract is subject to the Aviation Safety and Capacity Expansion Act of 1990.

The City makes no guarantee that any Bids sent via U.S. mail will be picked up from the U.S. Post Office and received at City Hall before the Closing Time. It is recommended that Bid are submitted electronically, as noted above, or via an alternate delivery method ensuring timely delivery to City Hall. Bidder bears full responsibility for delivering the Bid to City Hall before the Closing Time. The mere fact a Bid was dispatched does not equal timely receipt.

https://mckinneytexas.bonfirehub.com/

In accordance with the Americans with Disabilities Act, it is the policy of the City of McKinney to offer its public programs, services and meetings in a manner that is readily accessible to everyone, including individuals with disabilities. If you are a person with a disability and require information or materials in an appropriate alternative format; or if you require any other accommodation, please contact the ADA Coordinator at least 48 hours in advance of the event.

contact-adacompliance@mckinneytexas.org.

TO APPEAR IN THE MCKINNEY COURIER GAZETTE IN THE FOLLOWING EDITIONS:

FIRST PUBLICATION: FRIDAY, April 03, 2026

SECOND PUBLICATION: FRIDAY, APRIL 10, 2026

mailto:contact-adacompliance@mckinneytexas.org

INSTRUCTIONS TO BIDDERS

GENERAL

The City of McKinney, Texas (the “Owner”) has adopted the North Central Texas Council of Governments (NCTCOG) Fifth Edition (2023) of the Public Works Construction Standards - North Central Texas (as amended) (the “NCTCOG Specifications”). The NCTCOG Specifications apply to this project, except as otherwise noted herein. In the event of a contradiction or conflict between the NCTCOG Specifications and these Contract Documents, the information in these Contract Documents shall control.

Bidders are specifically directed to become thoroughly familiar with the NCTCOG Specifications prior to submitting a bid. The NCTCOG Specifications may be purchased from:

North Central Texas Council of Governments 616 Six Flags Drive P.O. Box 5888 Arlington, Texas 76005-5888 817/461-3300 (Metro)

Bidders shall complete the following components, signing where required, and submit them with the bid proposal in accordance with the requirements for the bid proposal as set out in the legal notice:

1) Contractor Status Information;

2) Out of State Contractor Compliance to State Law (If Applicable);

3) Statement of Bidding Contractor’s Qualifications and Experience;

4) Statement of Subcontractor’s Qualifications and Experience (See Below);

5) Safety Record Questionnaire & Statement of Bidder’s Safety Experience;

6) Bid Proposal;

7) Bid Schedule (Table 1); and,

8) Bid Bond (in the form included).

9) DBE Participation Plan

The “Statement of Subcontractor’s Qualifications and Experience” shall be completed at a minimum with the name of each subcontractor intended to perform work on the project when submitted with the bid proposal. Any incomplete or inaccurate subcontractor information shall be completed and/or corrected by the apparent low bidder and the next two lowest bidders (if requested by the City). The completed and/or corrected information shall be submitted to the City on or before 5:00 p.m. of the next business day immediately following the bid opening. Failure to submit the names of such subcontractors and/or timely correction or completion and submittal of the “Statement of Subcontractor’s Qualifications and Experience” in a timely fashion may result in the rejection or disqualification of the bidder’s proposal.

Any bidders obligated by law to register with the Texas Secretary of State must include their filing number on the Contractor Status Form. Responses from entities that are required to register and maintain an active right to transact business in Texas but fail to provide a filing number or lack an active right to transact business, may be deemed non-responsive and subsequently rejected.

I. DEFINED TERMS.

A. Terms used in these Instructions to Bidders are defined in the General Provisions of the NCTCOG Specifications. In addition:

“Engineer” means the City Engineer or their designee.

“Project” means the TAXIWAY A REHABILITATION PHASE II project, Project No.: AI2633.

“Successful Bidder” means the lowest, qualified, responsible Bidder to whom Owner (on the basis of Owner's evaluation as hereinafter provided) makes an award.

“Work Order” as used in Item 108 means the notice to proceed issued by the Owner directing the Contractor to begin the Work.

II. COPIES OF CONTRACT DOCUMENTS.

A. Complete sets of the Contract Documents in the number and for the deposit sum, if any, stated in the Advertisement for Bids may be obtained from Engineer.

B. Complete sets of Contract Documents shall be used in preparing Proposals; neither Owner nor Engineer assumes any responsibility for errors or misinterpretations resulting from the use of incomplete sets of Contract Documents.

C. Owner and Engineer in making copies of Contract Documents available on the above terms do so only for the purpose of obtaining Proposals on the Work and do not confer a license or grant for any other use.

III. QUALIFICATIONS OF BIDDERS

A. Add the following paragraph at the end of current NCTCOG Specifications Item 102.12 as a new paragraph:

Within five (5) business days after Bid Opening, the apparent low Bidder shall submit such evidence as the OWNER may require establishing the Bidder's qualifications to satisfactorily perform the Work included in this Project. Information that may be required shall include the following:

1. Current Financial Statement;

2. Letter of Auditor’s opinion if available;

3. Previous years Balance Sheet, Income Statement and Change of Financial

Position;

4. Other information that may be pertinent to the Bidders qualifications.

Should the Bidder fail to produce evidence satisfactory to the OWNER on any of the foregoing points, they may be disqualified, and the Work awarded to the next Bidder so qualifying.

IV. EXAMINATION OF CONTRACT DOCUMENTS AND SITE

A. Refer to NCTCOG Specifications Items 102.3, 102.4 and 103.1.

The project is located in the City of McKinney, Texas.

B. On request, Owner will provide each Bidder access to the site to conduct such investigations and tests as each Bidder deems necessary for submission of their Proposal.

C. The lands upon which the Work is to be performed, rights-of-way for access thereto and other lands designated for use by Contractor in performing the Work are identified in the Special Conditions or Drawings.

D. The submission of a Proposal will constitute an incontrovertible representation by the Bidder that they have complied with every requirement of this Article IV and that the Contract Documents are sufficient in scope and detail to indicate and convey understanding of all terms and conditions for performance of the Work.

V. INTERPRETATIONS

Bidders desiring further information or interpretation of the Plans or Specifications must make request for such information through the City of McKinney electronic procurement portal, Bonfire, at https://mckinneytexas.bonfirehub.com/, prior to April 17, 2026 at 2:00 p.m. CT. Answers to all such requests will be given in writing to all bidders, in Addendum form, and all Addenda will be bound with, and made a part of, the Contract Documents.

No other explanation or interpretation will be considered official, or binding and the City will not be responsible for any other explanations or interpretations. Should a bidder find discrepancies in, or omissions from the Plans, Specifications, or other Contract Documents, or should they be in doubt as to their meaning, they should at once notify the City in order that a written Addendum may be sent to all bidders. Any Addenda issued prior to forty-eight (48) hours before the opening of bids will be issued via Bonfire. The proposal as submitted by the Contractor will be understood to include any Addenda if such are issued by the City prior to forty-eight (48) hours before the opening of Proposals.

Any correction or change to information entered by bidder on a Proposal form must be initialed and dated by the person(s) preparing said Proposal form. Corrections should be made by striking out the incorrect information and writing or typing the correct information legibly in the margin or nearest available space. “White-out” is not an acceptable method of deleting information.

https://mckinneytexas.bonfirehub.com/

VI. BID SECURITY

Each Proposal submitted shall be accompanied by an acceptable bidder’s security bond or a bid guaranty in the form of a certified check or cashier’s check made payable to the City of McKinney in an amount not less than 5% of the greatest possible total amount of the Proposal submitted as a guarantee that, if awarded the contract, the Bidder will enter into a Contract and execute all necessary bonds and provide evidence of all required insurance coverage. The bid bond shall be issued in the form provided by the Owner as attached to the Instructions to Bidders (Section I). No alternate bid bond forms will be accepted. If a proposal is submitted electronically, the Bidder shall submit a .pdf (or other electronic format) of the original hard copy of the Bid Bond or bid guaranty with their proposal. If a hard copy of the proposal is submitted, the Bidder shall cause of the original hard copy of the Bid Bond, certified check, or Cashier’s Check to be enclosed with the proposal. All bidders’ security will be retained until a contract has been awarded and executed. See also, NCTCOG Specifications Items 102.5, 102.7 and 102.13.

A Bidder’s failure to include the original hard copy, or a .pdf (or other electronic format) of the original hard copy, of the Bid Bond, certified check, or Cashier’s Check with their proposal prior to bid opening shall be cause for rejection of their bid.

If the Bidder submitted their proposal electronically together with a .pdf (or other electronic format) of the original hard copy, of the Bid Bond, certified check, or Cashier’s Check, the Bidder shall provide the original hard copy thereof to the City’s Procurement Services Department within no more than 24 hours after the opening of the bids. Failure to timely submit the original hard copy of the Bid Bond, certified check, or Cashier’s Check within such 24-hour period shall be cause for rejection of the bid.

VII. PERFORMANCE, PAYMENT AND MAINTENANCE BONDS

Performance and payment bonds in the amount of not less than one hundred percent (100%) of the contract price conditioned upon the faithful performance of the contract, and upon payment of all persons supplying labor or furnishing materials, will be required upon the forms which are a part of the Contract Documents. In addition to the requirement of NCTCOG Specifications Item 103.3.1.1 that the Performance Bond provide for the repair and/or replacement of all defects due to faulty materials and workmanship that appear within a period of one year from the date of completion and acceptance of the improvement by the Owner, a Maintenance Bond in the amount of 100% of the contract sum covering defects of material and workmanship for two calendar years following the Owner's approval and acceptance of the construction shall also be required upon the forms which are a part of the Contract Documents. The performance, payment, and maintenance bonds shall be issued in the form provided by the Owner as attached to the Construction Agreement (Section II). No alternate performance, payment, and maintenance bond forms will be accepted. Bonds shall be executed by a surety company acceptable to and approved by the Owner, authorized to do business in the State of Texas, and acceptable for underwriting of risks as indicated by the latest revision of Treasury Department Circular 570 listing acceptable sureties on Federal Bonds. The period of the Maintenance Bond shall be two years from the date of acceptance of all work done under the Contract, to cover the guarantee as set forth in the Special Conditions.

VIII. DELAYS AND EXTENSIONS OF TIME

Requests for additional time shall be submitted in accordance with NCTCOG Specifications Item 108.8 and Special Condition 15 and will only be considered if the anticipated workdays, as outlined in NCTCOG Specifications Item 108.8 and Special Condition 15 have not been available. Regular documentation of such causes must be maintained for claims to be valid.

IX. LIQUIDATED DAMAGES

Refer to NCTCOG Specifications Item 108.8.1 and Special Condition 13 for specific information regarding Liquidated Damages

X. BONUSES

Refer to Special Condition 14 for specific information regarding Bonuses available for early completion, if any.

XI. SUBSTITUTE MATERIAL AND EQUIPMENT

Refer to Special Condition 19 for specific information regarding the use of equivalent materials and equipment and NCTCOG Specifications Item 106.1.

XII. SUBCONTRACTORS, ETC.

Refer to NCTCOG Specifications Item 108.5. Additionally, under this Contract no more than 80% of the labor for the Contract Work shall be subcontracted. Bid proposals that exceed this specified subcontracted work percentage shall be considered grounds for the rejection of the bid.

Contractor shall not be allowed to shift Contract Work from the Contractor to one or more subcontractors if such action increases the amount of Contract Work to be performed by subcontractors to an amount greater than 80% of the labor for the Contract Work unless specifically approved in advance and in writing by the Owner. All requests to modify the list of subcontractors, increase the number of subcontractors, or shift work from the Contractor to one or more subcontractors shall be accompanied by an updated written notice of subcontracts.

XIII. PROPOSAL FORM

A. Refer to NCTCOG Specifications Items 102.1, 102.2, 102.4 and 102.10.

B. NCTCOG Specifications Item 102.4 (Preparation of Proposal) shall be amended to eliminate requirements for written prices in ink and words where electronic bid proposal forms are utilized and submitted by the Contractor in lieu of a written proposal. All handwritten submittals shall conform with NCTCOG Specification Item 102.4.

XIV. SUBMISSION OF PROPOSALS

Refer to NCTCOG Specifications Item 102.6.

XV. MODIFICATION AND WITHDRAWAL OF PROPOSALS

Refer to NCTCOG Specifications Item 102.7.

XVI. OPENING OF PROPOSALS

Refer to NCTCOG Specifications Item 102.8.

PROPOSALS TO REMAIN OPEN

XVII.

Refer to NCTCOG Specifications Items 102.7, 103.2 and 103.5.2.

XVIII. AWARD OF CONTRACT

A. Refer to NCTCOG Specifications Items 102.9, 102.10, 103.2, 103.5.1 and 103.6.

B. The CONTRACTOR shall complete the execution of the required performance, payment and maintenance bonds, and Contract, within ten (10) calendar days of such Notice, or the OWNER shall be entitled to the proceeds of the Proposal Guaranty in accordance with NCTCOG Specifications Item 102.5.

XIX. PERFORMANCE AND OTHER BONDS

Refer to the Construction Agreement and the attached forms for Payment, Performance and Maintenance Bonds as well as NCTCOG Specifications Item 103.3.

XX. SIGNING OF AGREEMENT

Refer to NCTCOG Specifications Item 103.5.

XXI. PROTECTION OF THE PUBLIC

For protection and convenience of the public and emergencies, the Successful Bidder shall furnish the Owner with a telephone number at which the Contractor can be contacted 24 hours a day during the entire construction period of this Project. This telephone number shall be furnished to the Owner in writing prior to the beginning of construction.

XXII. GOVERNING DOCUMENTS

The work shall conform to the requirements of these Specifications and the details as shown on the Drawings. These Contract Documents are intended to be complementary.

Requirements of any of the Contract Documents are as binding as if called for by all. In the event of conflict between the Drawings and the Specifications, the interpretation of the

Drawings shall have priority. In case of conflict between the referenced Specifications and the Project Specifications, the Project Specifications shall govern.

XXIII. REMOVAL OF DEFECTIVE AND UNAUTHORIZED WORK

All work which has been rejected or condemned shall be repaired, or if it cannot be repaired satisfactorily, it shall be removed and replaced at the Contractor's expense.

Defective materials shall be immediately removed from the site of the work. Work done without line and grade having been given, work done beyond the lines or not in conformity with the grades shown on the Drawings or as given, save as herein provided, work done without proper inspection, or any extra or unclassified work done without written authority and prior agreement in writing as to prices, shall be done at the Contractor's risk, and will be considered unauthorized, and at the option of the Engineer, may not be measured and paid for, and may be ordered removed at the Contractor's expense. If the Contractor fails to satisfactorily repair, replace or remove the rejected, condemned or unauthorized work or materials immediately upon receipt of written notice, the Engineer will have the authority to cause such remediation to be performed and to deduct the cost thereof from any monies due or to become due to the Contractor.

XXIV. SPECIAL LEGAL REQUIREMENTS

Refer to NCTCOG Specifications Item 107.14 -- State and Local Sales and Use Taxes.

XXV. PRE-BID CONFERENCE

A NON-MANDATORY pre-bid conference is scheduled for 1:00 PM on Tuesday, April 14, 2026, at the McKinney National Airport 2nd Floor Conference Room (1508 Indstrial Blvd, McKinney, TX 75069). Representatives of the Owner and Engineer will be present to discuss the Project. The Engineer will distribute to prospective bidders of record such Addenda as the Engineer considers necessary in response to discussions or inquiries arising at the conference.

XXVI. ENGINEER’S OPINION OF PROBABLE CONSTRUCTION COST

The Engineer’s opinion of probable construction cost for Taxiway A Rehabilitation Phase II is $9,061,000.

REQUIRED LANGUAGE

IN PUBLISHED

ADVERTISEMENT FOR

AIP CONSTRUCTION

CONTRACTS

REQUIRED LANGUAGE IN PUBLISHED ADVERTISEMENT FOR BIDS FOR

AIP CONSTRUCTION CONTRACTS

A. Required Language In Published Advertisements For Bids All AIP Contracts:

(1) Policy. It is the policy of the Department of Transportation (DOT) that disadvantage business enterprises as defined in 49 CFR Part 26 shall have the maximum opportunity to participate in the performance of contracts financed in whole or in part with Federal funds.

(2) Buy American Provision.

The proposed contract is subject to the Buy American provision under Section 9129 of the Aviation Safety and Capacity Expansion Act of 1990. Details of such requirement are contained in the Specifications.

B. Additional Language Required in Published Advertisement For Bids For AIP Contract

Where The Sponsor Has A DBE Program In Effect Or Is Required By 49 CFR Part 26 To Have An Approved DBE Program.

All bidders and proposers shall make good faith efforts as defined in Appendix A of 49 CFR Part 26, Regulations of the Office of the Secretary of Transportation, to subcontract 0% of the dollar value of the prime contract to small business concerns owned and controlled by socially and economically disadvantage include women, Blacks, Hispanics, Native Americans, Asian-Pacific Americans and Asian Indian Americans. The apparent successful bidder (proposer) will be required to submit information concerning the DBEs that will participate in this contract. The information will include the name and address for each DBE, a description of the work to be performed by each named firm, and the dollar value of the contract (subcontract). If the bidder fails to achieve the contract goal as stated herein, it will be required to provide documentation demonstrating that it made good faith efforts in attempting to do so. A bid that fails to meet these requirements will be considered non-responsive.

C. Required Notes for Contract over $10,000.

The regulations and orders of the Secretary of Labor, OFCCP and FAR 152.61 require the contractor(s) include, in invitations for bids or negotiations for contract over $10,000, the following notices:

(1) The proposed contract is under and subject to Executive Order 11246 of September 24, 1965, and to the Equal Opportunity Clause. The Bidder’s (Proposer’s) attention is called to the "Equal Opportunity Clause" and the "Standard Federal Equal Employment Opportunity Construction Contract Specifications" set forth in the Specifications.

(2) The Bidder (Proposer) must supply all the information required by the bid or proposal form.

(3) The successful bidder will be required to submit a Certification of Non-segregated

Facilities prior to award of the contract, and to notify prospective subcontractors of the requirement for such a Certification where the amount of the subcontract exceeds $10,000.

Samples of the Certifications and Notice to Subcontractors appear in the Specifications.

(4) Women will be afforded equal opportunity in all areas of employment. However, the employment of women shall not diminish the standards or requirements for the employment of minorities.

D. Contract in Excess of $50,000.

For contracts of $50,000 or more, a contractor having 50 or more employees, and his subcontractors having 50 or more employees and who may be awarded a subcontract of $50,000 or more, will be required to maintain an affirmative action program within 120 days of the commencement of the contract.

E. Additional Notices for $1 Million Contracts.

(1) Pre-award Equal Opportunity Compliance Reviews. Where the bid of the apparent low responsible bidder is in the amount of $1 million or more, the bidder and his known all-tier subcontractors which will be awarded subcontracts of $1 million or more will be subject to full on-site, pre-award equal opportunity compliance reviews before the award of the contract for the purpose of determining whether the bidder and his subcontractor are able to comply with the provisions of the equal opportunity clause.

(2) Compliance Reports. Within 30 days after award of this contract, the contractor shall file a compliance report (Standard Form 100) if:

(a) The contractor has not submitted a complete compliance report within 12 months preceding the date of award; and

(b) The contractor is within the definition of "employer" in Paragraphs 2e(3) of the instructions included in Standard Form 100.

(3) The contractor shall require the subcontractor on all-tier subcontracts, irrespective of dollar amount, to file Standard Form 100 within 30 days after award of the subcontract if the above two conditions apply. Standard Form 100 will be furnished upon request.

SPECIAL NOTICE TO

BIDDERS

SPECIAL NOTICE TO BIDDERS

Buy American-Steel and Manufactured Products for Construction Contracts (Aviation Safety and Capacity Expansion Act of 1990)

(A) The Aviation Safety and Capacity Expansion Act of 1990 provides that preference be given to steel and manufactured products produced in the United States when funds are expended pursuant to grant issued under this Airport Improvements Program. The following terms apply:

1. Steel and manufactured products. As used in this clause, steel and manufactured products include (1) steel produced in the United States or (2) a manufactured product produced in the United States, if the cost of its components mined, produced or manufactured in the United States exceed 60 percent of the cost of all its components and final assembly has taken place in the United States. Components of foreign origin of the same class or kind as the products referred to in subparagraphs (b) (1) or (2) shall be treated as domestic.

2. Components. As used in this clause, components mean those articles, materials, and supplies incorporated directly into steel and manufactured products.

3. Cost of Components. This means the cost of production of the components, exclusive of final assembly labor costs.

(B) The successful bidder will be required to assure that only domestic steel and manufactured products will be used by the Contractor, subcontractor’s materialmen, and suppliers in the performance of this contract, except those

1. That the U.S. Department of Transportation has determined, under the Aviation Safety and Capacity Expansion Act of 1990, are not produced in the United States in sufficient and reasonably available quantities and of a satisfactory quality;

2. That the U.S. Department of Transportation has determined, under the Aviation Safety and Capacity Expansion Act of 1990, that domestic preference would be inconsistent with the public interest; or

3. That inclusion of domestic material will increase the cost of the overall project by contract more than 25 percent.

SPECIAL INSTRUCTION TO

BIDDERS REGARDING EEO

SPECIAL INSTRUCTION TO BIDDERS REGARDING EEO

Notice of Requirement for Affirmative Action to Ensure Equal Employment Opportunity

(Executive Order 11246, as amended)

1. The Offeror’s or Bidder’s attention is called to the “Equal Opportunity Clause” and the “Standard

Federal Equal Employment Opportunity Construction Contract Specifications” set forth herein.

2. The goals and timetables for minority and female participation, expressed in percentage terms for the contractor’s aggregate work force in each trade on all construction work in the covered area, are as follows:

Goals for minority Goals for female participation in participation in each trade each trade

18.2% 6.9%

These goals are applicable to all the contractor’s construction work (whether or not it is Federal or federally assisted) performed in the covered area. If the contractor performs construction work in a geographical area located outside of the covered area, it shall apply the goals established for such geographical area where the work is actually performed. With regard to this second area, the contractor is also subject to the goals for both its federally involved and non-federally involved construction.

The contractor’s compliance with the executive order and the regulations in 41 CFR Part 60-4 shall be based on its implementation of the Equal Opportunity Clause, specific affirmative action obligations required by the specifications set forth in 41 CFR Part 60-4.3 (a), and its efforts to meet the goals established for the geographical area where the contract resulting from this solicitation is to be performed. The hours of minority and female employment and training must be substantially uniform throughout the length of the contract, and in each trade, and the contractor shall make a good faith effort to employ minorities and women evenly on each of its projects. The transfer of minority or female employees or trainees from contractor to contractor or from project to project, for the sole purpose of meeting the contractor’s goals, shall be a violation of the contract, the executive order, and the regulations in 41 CFR Part 60-4. Compliance with the goals will be measured against the total work hours performed.

3. The contractor shall provide written notifications to the Director, OFCCP, within 10 working days of award of any construction subcontract in excess of $10,000 at any tier for construction work under the contract resulting from this solicitation. The notification shall list the name, address, and telephone number of the subcontractor; employee identification number; estimated dollar amount of the subcontract; estimated starting and completion dates of the subcontract; and the geographical area in which the contract is to be performed.

4. As used in this notice and in the contract resulting from this solicitation, the “covered area” is the City of Fort Worth, Texas, Tarrant County.

REQUIRED LANGUAGE IN

PROPOSALS FOR AIP

CONTRACTS

REQUIRED LANGUAGE IN PROPOSALS FOR AIP CONTRACTS

(Please complete & return in bid package)

Section 60-1.7(b) of the Regulations of the Secretary of Labor requires each bidder or prospective prime contractor and proposed subcontractor, where appropriate, to state in the bid or at the outset of negotiations for the contract whether it has participated in any previous contract or subcontract subject to the equal opportunity clause; and if so, whether it has filed with the Joint Reporting Committee, the Director, an agency, or the former President's Committee on Equal Employment Opportunity all reports due under the applicable filing requirements. In any case in which a bidder or prospective prime contractor or proposed subcontractor which participated in a previous contract subject to Executive Order 10925, 11114. or 11246 has not filed a report due under the applicable filing documents, no contract or subcontract shall be awarded unless such contractor submits a report covering the delinquent period or such other period specified by the FAA or the Director, OFCCP.

Bid or Proposal Form. To effectuate the foregoing requirements, the sponsor is required to include in the bid or proposal form a statement substantially as follows:

The bidder (proposer) shall complete the following statements by checking the appropriate space.

The undersigned certifies on behalf of _________________________________________, that

☐ It has developed and has on file at each establishment affirmative action programs pursuant to 41 CFR Part 60-2 (Affirmative Action Programs).

☐ It is not subject to the requirements to develop an affirmative action program under 41 CFR Part 60-2 (Affirmative Action Programs).

The bidder (proposer) has _____ has not ______ participated in a previous contract subject to the equal opportunity clause prescribed by Executive Order 10925, or Executive Order 11114, or Executive Order 11246.

The bidder (proposer) has _______ has not _______ submitted all compliance reports in connection with any such contract due under the applicable filing requirements; and that representations indicating submission of required compliance reports signed by proposed subcontractors will be obtained prior to award of subcontracts.

If the bidder (proposer) has participated in a previous contract subject to the equal opportunity clause and has not submitted compliance reports due under applicable filing requirements, the Bidder (Proposer) shall submit a compliance report on Standard Form 100, 'Employee Information Report EEO-l prior to the award of contract.

Standard Form 100 is normally furnished to contractors annually, based on a mailing list currently maintained by the Joint Reporting Committee. In the event a contractor has not received the form, he may obtain it by writing to the following address:

Joint Reporting Committee 1800 G Street Washington, DC 20506 (2/92)

Signature of Company Official Date

CERTIFICATION

REGARDING DEBARMENT,

SUSPENSION,

INELIGIBILITY AND

VOLUNTARY EXCLUSION

Certification Regarding Debarment, Suspension, Ineligibility and Voluntary Exclusion

(49 CFR PART 29 and Executive Order GA-48) (Please complete & return in bid package)

The bidder (offeror) certifies, by submission of this proposal or acceptance of this contract, that neither it nor its principals is presently debarred, suspended, proposed for debarment, declared ineligible, or voluntary excluded from participation in this transaction by any Federal department or agency. It further agrees that by submitting this proposal that it will include this clause without modification in all lower tier transactions, solicitations, proposals, contracts, and subcontracts. Where the bidder/offeror/contractor or any lower tier participant is unable to certify to this statement, it shall attach an explanation to this solicitation/proposal.

Certification Regarding Foreign Trade Restrictions (49 CFR PART 30 and Executive Order GA-48)

The contractor or subcontractor, by submission of an offer and/or execution of a contract, certifies that neither it, nor its holding companies or subsidiaries, is:

a. is not owned or controlled by one or more citizens or nationals of a foreign country included in the list of countries that discriminate against U.S. firms published by the Office of the United States Trade representative (USTR);

b. has not knowingly entered into any contract or subcontract for this project with a contractor that is a citizen or national of a foreign country on said list or is owned or controlled directly or indirectly by one or more citizens or nationals of a foreign country on said list.

c. has not procured any product nor subcontracted for the supply of any product for use on the project that is produced in a foreign country on said list.

By signing and dating this form Bidder is certifying that the responding Company, or any of its holding companies or subsidiaries, is not:

a. Listed in Section 889 of the 2019 National Defense Authorization Act;

b. Listed in Section 1260H of the 2021 National Defense Authorization Act; or

c. Owned by the government of a country on the U.S. Department of Commerce’s foreign adversaries list under 15 C.F.R Section 791.4; or

d. Controlled by any governing or regulatory body located in a country on the U.S. Department of Commerce’s foreign adversaries list under 15 C.F.R Section 791.4

Unless the restrictions of this clause are waived by the Secretary of Transportation in accordance with 49 CFR 30.17, no contract shall be awarded to a contractor or subcontractor who is unable to certify to the above. If the contractor knowingly procures or subcontracts for the supply of any product or service of a foreign country on said list for use on the project, the Federal Aviation Administration may direct, through the sponsor, cancellation of the contract at no cost to the Government.

Further, the contractor agrees that, if awarded a contract resulting from this solicitation, it will incorporate this provision for certification without modification in each contract and in all lower tier subcontracts. The contractor may rely upon the certification of a prospective subcontractor unless it has knowledge that the certification is erroneous. The contractor shall provide immediate written notice to the sponsor if the contractor learns that its certification or that of a subcontractor was erroneous when submitted or has become erroneous by reason of changed circumstances. The subcontractor agrees to provide immediate written notice to the contractor, if at any time it learns that its certification was erroneous by reason of changed circumstances.

This certification is a material representation of fact upon which reliance was placed when making the award. If it is later determined that the contractor or subcontractor knowingly rendered an erroneous certification, the Federal Aviation Administration may direct through the sponsor, cancellation of the contract or subcontract for default at no cost to the Government.

Nothing contained in the foregoing shall be construed to require establishment of a system of records in order to render, in good faith, the certification required by this provision. The knowledge and information of a contractor is not required to exceed that which is normally possessed by a prudent person in the ordinary course of business dealings.

This certification concerns a matter within the jurisdiction of an agency of the United States of America and the making of a false, fictitious, or fraudulent certification may render the maker subject to prosecution under Title 18, United States Code, Section 1001.

00 45 46 BIDDER CERTIFICATIONS

BUY AMERICAN CERTIFICATION

The Contractor certifies that its bid/offer is in compliance with 49 USC § 50101, BABA and other related

Made in America Laws1, U.S. statutes, guidance, and FAA policies, which provide that Federal funds may not be obligated unless all iron, steel and manufactured goods used in AIP funded projects are produced in the United States, unless the Federal Aviation Administration has issued a waiver for the product; the product is listed as an Excepted Article, Material Or Supply in Federal Acquisition Regulation subpart 25.108; or is included in the FAA Nationwide Buy American Waivers Issued list.

The bidder or offeror must complete and submit the certification of compliance with FAA’s Buy American Preference, BABA and Made in America laws included herein with their bid or offer. The Airport Sponsor/Owner will reject as nonresponsive any bid or offer that does not include a completed certification of compliance with FAA’s Buy American Preference and BABA.

The bidder or offeror certifies that all constructions materials, defined to mean an article, material, or supply other than an item of primarily iron or steel; a manufactured product; cement and cementitious materials; aggregates such as stone, sand, or gravel; or aggregate binding agents or additives that are or consist primarily of: non-ferrous metals; plastic and polymer-based products (including polyvinylchloride, composite building materials, and polymers used in fiber optic cables); glass (including optic glass); lumber; or drywall used in the project are manufactured in the U.S.

The bidder or offeror certifies procurement of certain rolling stock using FAA grant funds will prohibit airports from using Federal financial assistance to procure buses or rail car vehicle rolling stock from covered entities.

1 Per Executive Order 14005 “Made in America Laws” means all statutes, regulations, rules, and Executive Orders relating to federal financial assistance awards or federal procurement, including those that refer to “Buy America” or “Buy American,” that require, or provide a preference for, the purchase or acquisition of goods, products, or materials produced in the United States, including iron, steel, and manufactured products offered in the United States.

CERTIFICATE OF BUY AMERICAN COMPLIANCE FOR MANUFACTURED PRODUCTS

(Non-building construction projects, equipment acquisition projects)

As a matter of bid responsiveness, the bidder or offeror must complete, sign, date, and submit this certification statement with its proposal. The bidder or offeror must indicate how it intends to comply with 49 USC § 50101, BABA and other related Made in America Laws, U.S. statutes, guidance, and FAA policies, by selecting one of the following certification statements. These statements are mutually exclusive. Bidder must select one or the other (i.e., not both) by inserting a checkmark (✓) or the letter “X”.

Bidder or offeror hereby certifies that it will comply with 49 USC § 50101, BABA and other related U.S. statutes, guidance, and policies of the FAA by:

a) Only installing iron, steel and manufactured products produced in the United States;

b) Only installing construction materials defined as: an article, material, or supply – other than an item of primarily iron or steel; a manufactured product; cement and cementitious materials; aggregates such as stone, sand, or gravel; or aggregate binding agents or additives that are or consist primarily of non-ferrous metals; plastic and polymer-based products (including polyvinylchloride, composite building materials, and polymers used in fiber optic cables); glass (including optic glass); lumber or drywall that have been manufactured in the United States.

c) Installing manufactured products for which the Federal Aviation Administration (FAA) has issued a waiver as indicated by inclusion on the current FAA Nationwide Buy American Waivers Issued listing; or

d) Installing products listed as an Excepted Article, Material or Supply in Federal Acquisition Regulation Subpart 25.108.

By selecting this certification statement, the bidder or offeror agrees:

a) To provide to the Airport Sponsor or the FAA evidence that documents the source and origin of the iron, steel, and/or manufactured product.

b) To faithfully comply with providing U.S. domestic products.

c) To refrain from seeking a waiver request after establishment of the contract, unless extenuating circumstances emerge that the FAA determines justified.

d) Certify that all construction materials used in the project are manufactured in the U.S.

The bidder or offeror hereby certifies it cannot comply with the 100 percent Buy American Preferences of 49 USC § 50101(a) but may qualify for a Type 3 or Type 4 waiver under 49 USC § 50101(b). By selecting this certification statement, the apparent bidder or offeror with the apparent low bid agrees:

a) To submit to the Airport Sponsor or FAA within 15 calendar days of being selected as the responsive bidder, a formal waiver request and required documentation that supports the type of waiver being requested.

b) That failure to submit the required documentation within the specified timeframe is cause for a non-responsive determination that may result in rejection of the proposal.

c) To faithfully comply with providing U.S. domestic products at or above the approved U.S.

domestic content percentage as approved by the FAA.

d) To furnish U.S. domestic product for any waiver request that the FAA rejects.

e) To refrain from seeking a waiver request after establishment of the contract, unless extenuating circumstances emerge that the FAA determines justified.

Required Documentation

Type 2 Waiver (Nonavailability) - The iron, steel, manufactured goods or construction materials or manufactured goods are not available in sufficient quantity or quality in the United States. The required documentation for the Nonavailability waiver is

a) Completed Content Percentage Worksheet and Final Assembly Questionnaire

b) Record of thorough market research, consideration where appropriate of qualifying alternate items, products, or materials including;

c) A description of the market research activities and methods used to identify domestically manufactured items capable of satisfying the requirement, including the timing of the research and conclusions reached on the availability of sources.

Type 3 Waiver – The cost of components and subcomponents produced in the United States is more than 60 percent of the cost of all components and subcomponents of the “facility/project.” The required documentation for a Type 3 waiver is:

a) Completed Content Percentage Worksheet and Final Assembly Questionnaire including;

b) Listing of all manufactured products that are not comprised of 100 percent U.S. domestic content

(excludes products listed on the FAA Nationwide Buy American Waivers Issued listing and products excluded by Federal Acquisition Regulation Subpart 25.108; products of unknown origin must be considered as non-domestic products in their entirety).

c) Cost of non-domestic components and subcomponents, excluding labor costs associated with final assembly and installation at project location.

d) Percentage of non-domestic component and subcomponent cost as compared to total “facility” component and subcomponent costs, excluding labor costs associated with final assembly and installation at project location.

Type 4 Waiver (Unreasonable Costs) - Applying this provision for iron, steel, manufactured goods or construction materials would increase the cost of the overall project by more than 25 percent. The required documentation for this waiver is:

a) A completed Content Percentage Worksheet and Final Assembly Questionnaire from

b) At minimum two comparable equal bids and/or offers;

c) Receipt or record that demonstrates that supplier scouting called for in Executive Order 14005, indicates that no domestic source exists for the project and/or component;

d) Completed waiver applications for each comparable bid and/or offer.

False Statements: Per 49 USC § 47126, this certification concerns a matter within the jurisdiction of the Federal Aviation Administration and the making of a false, fictitious, or fraudulent certification may render the maker subject to prosecution under Title 18, United States Code.

Date Signature

Company Name Title

CERTIFICATION OF BIDDER REGARDING TAX DELINQUENCY AND FELONY CONVICTIONS

Bidder must complete the following two certification statements. The Bidder must indicate its current status as it relates to tax delinquency and felony conviction by inserting a checkmark (✓) in the space following the applicable response. Bidder agrees that, if awarded a contract resulting from this solicitation, it will incorporate this provision for certification in all lower tier subcontracts.

Certifications

1) The applicant represents that it is ( ) is not ( ) a corporation that has any unpaid Federal tax liability that has been assessed, for which all judicial and administrative remedies have been exhausted or have lapsed, and that is not being paid in a timely manner pursuant to an agreement with the authority responsible for collecting the tax liability.

2) The applicant represents that it is ( ) is not ( ) a corporation that was convicted of a criminal violation under any Federal law within the preceding 24 months.

Note:

If an applicant responds in the affirmative to either of the above representations, the applicant is ineligible to receive an award unless the Sponsor has received notification from the agency suspension and debarment official (SDO) that the SDO has considered suspension or debarment and determined that further action is not required to protect the Government’s interests. The applicant therefore must provide information to the owner about its tax liability or conviction to the Owner, who will then notify the FAA

Airports District Office, which will then notify the agency’s SDO to facilitate completion of the required considerations before award decisions are made.

Term Definitions

Felony conviction: Felony conviction means a conviction within the preceding twenty-four (24) months of a felony criminal violation under any Federal law and includes conviction of an offense defined in a section of the U.S. code that specifically classifies the offense as a felony and conviction of an offense that is classified as a felony under 18 U.S.C. § 3559.

Tax Delinquency: A tax delinquency is any unpaid Federal tax liability that has been assessed, for which all judicial and administrative remedies have been exhausted, or have lapsed, and that is not being paid in a timely manner pursuant to an agreement with the authority responsible for collecting the tax liability.

Certification - The information above is true and complete to the best of my knowledge and belief.

Name and Title of Signer (Please Type)

Signature Date

CERTIFICATION OF NONSEGREGATED FACILITIES

The federally-assisted construction contractor certifies that it does not maintain or provide, for its employees, any segregated facilities at any of its establishments and that it does not permit its employees to perform their services at any location, under its control, where segregated facilities are maintained.