Concourse_A_Apron_Reconstruction_-_Bid_Package_1_(Addendum_#5_Revision).pdf

INVITATION TO BID

25-020-ITB

CONCOURSE A APRON RECONSTRUCTION - BID PACKAGE

ATTENTION: This is not an order. Read all instructions, terms, and conditions carefully.

IMPORTANT: Proposals must be received no later than 2:00 pm Eastern Time (ET) on

Thursday, April 24, 2025.

IFB# 25-020-ITB DATE ISSUED: March 27, 2025

By participating in this solicitation, you, on behalf of the Vendor, understand and agree that all plans, drawings, maps, specifications, documents, or similar information included in this solicitation (“Protected Information”) may only be used by Vendor for the purpose of this solicitation and no other purpose. Without the written permission of KCAB, Vendor must not reproduce, copy, duplicate, or disclose the Protected Information by any means, except to employees and agents who have a “need to know” for the purpose of this solicitation. All employees and agents of Vendor are bound by these provisions, and Vendor shall inform those employees and agents of these terms. If Protected

Information becomes available to third parties Vendor is responsible for third party compliance with these terms. Vendor shall indemnify and hold KCAB harmless from any liabilities or damages resulting from the unauthorized use or disclosure of Protected Information.

All Protected Information in any form remains the sole property of KCAB. At the request of KCAB Vendor agrees to immediately return Protected Information to KCAB. All

Protected Information in any form must be destroyed upon completion of the purpose above. KCAB has all rights and remedies available by law and equity to enforce these provisions, specifically including injunctive relief to prevent unauthorized use of the Protected Information.

Table Of Contents

1. NOTICE TO BIDDERS

1.1. NOTICE TO BIDDERS

1.2. TIMELINE

1.3. INSTRUCTIONS TO BIDDERS

2. GENERAL PROVISIONS

2.1. SECTION 10 DEFINITIONS OF TERMS

2.2. SECTION 20 PROPOSAL REQUIREMENTS AND CONDITIONS

2.3. SECTION 30 AWARD AND EXECUTION OF CONTRACT

2.4. SECTION 40 SCOPE OF WORK

2.5. SECTION 50 CONTROL OF WORK

2.6. SECTION 60 CONTROL OF MATERIALS

2.7. SECTION 70 LEGAL REGULATIONS AND RESPONSIBILITY TO PUBLIC

2.8. SECTION 80 EXECUTION AND PROGRESS

2.9. SECTION 90 MEASUREMENT AND PAYMENT

3. GENERAL CONSTRUCTION ITEMS

3.1. ITEM C-100 CONTRACTOR QUALITY CONTROL PROGRAM

3.2. ITEM C-102 TEMPORARY AIR AND WATER POLLUTION, SOIL EROSION,

AND SILTATION CONTROL

3.3. ITEM C-105 MOBILIZATION

3.4. ITEM C-110 METHOD OF ESTIMATING PERCENTAGE OF MATERIAL

WITHIN SPECIFICATION LIMITS (PWL)

4. SPECIAL PROVISIONS

4.1. SECTION 1 - PROJECT INFORMATION

4.2. SECTION 2 - GENERAL CONSTRUCTION REQUIREMENTS

4.3. SECTION 3 - SAFETY AND SECURITY REQUIREMENTS

4.4. SECTION 4 - SCHEDULE, SEQUENCE OF OPERATIONS, REPORTS AND

MEETINGS

4.5. SECTION 5 - PROJECT CLOSEOUT

4.6. SECTION 6 - TESTING REQUIREMENTS

4.7. SECTION 7 - LABOR AND WAGE RATE REQUIREMENTS

5. SCOPE OF WORK

5.1. SCOPE OF WORK

6. EEO, CIVIL RIGHTS, AND GOVERNMENT CONTRACT PROVISIONS

6.1. EQUAL EMPLOYMENT OPPORTUNITY (EEO), CIVIL RIGHTS

REQUIREMENTS, AND GOVERNMENT CONTRACT PROVISIONS

7. BID TAB

7.1. BID TAB

8. VENDOR QUESTIONNAIRE

8.1. VENDOR QUESTIONNAIRE

9. ATTACHMENTS

9.1. ATTACHMENTS

Attachments:

A - 25-020-ITB Conc A Apron Reconst - Ad

B - CVG Concourse A Bid Package 1 Technical Specifications_IFB

C - CVG Concourse A Bid Package 1 Plans_IFB

D - 25-020-ITB Conc A Apron Reconst - Exhibit A - Proposal Forms (AIP) - Add 5

E - 25-020-ITB Conc A Apron Reconst - Exhibit B - Contract & Bonds

F - 25-020-ITB Bidders List - DBE

G - Davis Bacon Wage Rates - Heavy

1. NOTICE TO BIDDERS

1.1. NOTICE TO BIDDERS

Pursuant to the provisions of KRS 424.260, the Kenton County Airport Board (Owner) will receive competitive sealed bids for the Concourse A Apron Reconstruction - Bid Package 1 project at the

Cincinnati/Northern Kentucky International Airport (Airport) located in Boone County, Kentucky (the

“Project”). Bids will be received no later than 2:00 pm on Thursday, April 24, 2025. No bids will be accepted after that time unless extended pursuant to an addendum issued by the Owner.

The Project Bid Package 1 is located southeast of Concourse A and includes Gates A19 and A21. In addition, portions of Taxilanes 2N, 2C, 2S, R and Taxiway S will be reconstructed. Bituminous shoulders along Taxilane R will be reconstructed as well as the existing underdrain and airfield lighting. This area was selected to allow the taxilanes to accommodate ADG V and VI aircraft and improve taxing efficiency by removing the paved island between Taxilane 2N and 2S. There are drainage issues in this area and surrounding islands so the new pavement grading will allow for better drainage. The existing pavement has reached its design life and needs to be reconstructed to limit

FOD concerns and maintain safety around the apron. Further detail and copies of the bidding documents may be downloaded from https://procurement.opengov.com/portal/cvgairport.

A Pre-Bid meeting and site visit will be held Thursday, April 3, 2025 at 10:00 am ET, at CVG Centre, Admin. Offices, 77 Comair Blvd., Erlanger, KY 41018. Please RSVP by Wednesday, April 2, 2025, through KCAB’s online bidding system https://procurement.opengov.com/portal/cvgairport. Select

Concourse A Apron Reconstruction - Bid Package 1 then click on Events RSVP and provide the name of the person attending. NOTE: Although attendance at the pre-proposal meeting is not limited, the subsequent walkthrough is limited to a maximum of two (2) persons per company.

Bidders shall provide a Proposal Bond in an amount not less than 5% of the total main bid amount as specified.

In accordance with 49 CFR Part 26, bidders shall use good faith efforts to include DBE participation.

Bidders must comply with Executive Order 11246-Affirmative Action and Equal Employment

Opportunities; and must adhere to the provisions of: 49 CFR Part 30 – Foreign Trade Restrictions; 49

USC 50101 - Buy American Preference; the Davis-Bacon Requirements; 49 CFR Part 29 –

Certification Regarding Debarment and Suspension; 41 CFR § 60-1.8 – Nonsegregated Facilities

Requirement; drug-free workplace requirements, and all other federal grant requirements included within the Bidding and Contract Documents.

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, notifies all bidders or offerors 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 no businesses will 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.

https://procurement.opengov.com/portal/cvgairport

KENTON COUNTY AIRPORT BOARD

BY: Lawrence J. Krauter, Chief Executive Officer Cincinnati/Northern Kentucky International Airport Hebron, Kentucky 41048

1.2. TIMELINE

Release Project Date: March 27, 2025

Pre-Bid Meeting (Non-Mandatory): April 3, 2025, 10:00am

CVG Centre, Admin. Offices, 77 Comair

Blvd., Erlanger, KY 41018

Question Submission Deadline: April 16, 2025, 11:59pm

Question Response Deadline: April 18, 2025, 12:00pm

Response Submission Deadline: April 24, 2025, 2:00pm

Anticipated Board Approval: May 19, 2025

1.3. INSTRUCTIONS TO BIDDERS

1.3.1. GENERAL

A. The project is to be financed by Federal funds.

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.

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 is acceptable.

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

1.3.2. 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 Thursday, April 3, 2025 at 10:00 am. Bidders shall submit questions per Section 1.3.5 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.

1.3.3. SUBMISSION OF BIDS

Pricing must be submitted electronically using the Line Item table 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

• Equal Employment Opportunity Certification

• Bidder’s Qualifications

• Bid Tab

• Proposal Bond

• Subcontractor List

• Letter of Intent

• Affirmative Action Certification

• Non Debarment of Suspension Certification

• Buy American Certification

• Disclosure of Lobbying Activities Certification

• Affidavit of Workers Compensation

• Safety Evaluation and Plans

• Safety Evaluation Form

• Certification of Offerer/Bidder Regarding Tax Delinquency and Felony Convictions

Responses to this ITB must be submitted electronically through the Owner’s online biding 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

Thursday, April 24, 2025 at 2:00 pm 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.

1.3.4. PREPARATION AND SUBMISSION OF BIDS

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

B. Bids containing reservations, conditions, omissions, 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.

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

D. 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.

E. 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 below the signature.

F. 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 below the signature.

G. 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.

H. 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.

1.3.5. 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 Wednesday, April 16, 2025 at 11:59 pm will be posted on the Q&A tab of this ITB on the bidding system no later than Friday, April 18, 2025 at 12:00

pm. 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.

1.3.6. 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.

1.3.7. 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.

1.3.8. 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.

2. GENERAL PROVISIONS

2.1. SECTION 10 DEFINITIONS 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 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 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 Michael Baker International.

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,” “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.

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 Concourse A

Apron Reconstruction - Bid Package

1.

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 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.

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.

2.2. SECTION 20 PROPOSAL REQUIREMENTS AND CONDITIONS

2.2.1. Advertisement (Notice to Bidders)

See Notice to Bidders and Instructions to Bidders.

2.2.2. 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.

Unless otherwise specified, a bidder may submit evidence that they are prequalified with the State

Highway Division and are on the current “bidder’s list” of the state in which the proposed work is located.

Evidence of State Highway Division prequalification may be submitted as evidence of financial responsibility in lieu of the certified statements or reports specified above.

2.2.3. 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.

Mobilization is limited to 10% of the total project cost.

A prebid meeting is offered on this project. See Notice to Bidders and Instructions to Bidders.

2.2.4. 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.

2.2.5. 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.

2.2.6. 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.

If applicable, boring logs and other records of subsurface investigations and tests are available for inspection of bidders. It is understood and agreed that such subsurface information, whether included in the plans, specifications, or otherwise made available to the bidder, was obtained and is intended for the Owner’s design and estimating purposes only. Such information has been made available for the convenience of all bidders. It is further understood and agreed that each bidder is solely responsible for all assumptions, deductions, or conclusions which the bidder may make or obtain from their own examination of the boring logs and other records of subsurface investigations and tests that are furnished by the Owner.

2.2.7. 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 unless explicitly stated otherwise, must be correctly filled in where indicated for each and every item for which a quantity is given.

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.

2.2.8. 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.

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.

2.2.9. 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.

F. If the applicable Disadvantaged Business Enterprise information is incomplete.

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.

2.2.10. Bid guarantee

Each separate proposal shall be accompanied by a bid bond, in the amount specified in the proposal form. Such bond shall be made payable to the Owner.

2.2.11. Delivery of proposal

No proposal will be considered unless received using the method specified in the advertisement or as modified by Addendum before the time specified for opening all bids.

2.2.12. 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.

2.2.13. Not Used

Not Used

2.2.14. 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

ISSUANCE OF PROPOSAL FORMS of this section.

2.2.15. 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.

2.3. SECTION 30 AWARD AND EXECUTION OF CONTRACT

2.3.1. 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.

2.3.2. Award of contract

The award of a contract, if it is to be awarded, shall be made within 120 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.

2.3.3. 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.

2.3.4. 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 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.

2.3.5. Requirements of contract bonds

See Notice to Bidders and Instructions to Bidders.

2.3.6. 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 10 calendar days from the date mailed or otherwise delivered to the successful bidder.

2.3.7. 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.

2.3.8. 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 REQUIREMENTS OF

CONTRACT BONDS 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.

2.4. SECTION 40 SCOPE OF WORK

2.4.1. 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.

2.4.2. 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…