LNAA-CO-26-001 Part II, General Provisions.pdf

LEHIGH VALLEY INTERNATIONAL AIRPORT LNAA-CO-26-001

PARKING GARAGE/WALKWAY PROGRAM ISSUED FOR BID

JULY 21, 2026

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TECHNICAL PROVISIONS

PART II

GENERAL PROVISIONS FOR BIDDING OF

CONSTRUCTION CONTRACTS

FAA FEDERAL CONTRACT PROVISIONS

FAA GENERAL CONTRACT PROVISIONS

4th Edition – July 2026

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INTENTIONALLY LEFT BLANK

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PART II

GENERAL PROVISIONS FOR BIDDING OF CONSTRUCTION

CONTRACTS

Part II General Provisions for Bidding of Construction Contracts

GP-1.00 Bidding Requirements and Conditions

GP-1.01 Preparation of Bid

GP-1.02 Opening & Recording of Bids

GP-1.03 Mistakes in Bids

GP-1.04 Minor Irregularities/Informalities

GP-1.05 Rejection of Individual Bids or Proposals

GP-1.06 Responsibility/Qualifications of Bidder

GP-1.07 Rejection of all Bids

GP-1.08 Bid Evaluation and Award

GP-1.09 Tie Bids

GP-1.10 Bid Protests

GP-1.11 Bid Conditions

GP-2.01 Basis of Contract Award

GP-2.02 Contract Award and Notice to Proceed

GP-2.03 Execution of Contract

GP-3.00 Overall Bidder Responsibility and Acknowledgements

GP-3.01 Bid Bonds

GP-3.02 Performance, Payment and Bonds

GP-3.03 Specifications References

GP-3.04 Contract Provisions

GP-3.05 Indemnity

GP-3.06 Pennsylvania Prevailing Wage Act

GP-3.07 Occupational Safety and Health Act of 1970

GP-3.08 Commercial Non-Discrimination

GP-3.10 Delivery Provisions

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The Part II General Provisions for Bidding of Construction Contracts is intended to establish uniformity and consistency of specifications in all matters of the Authority’s construction contracts.

The General Provisions as referenced by the edition date in the Technical Provisions and Bid Forms, are part of the Contract Documents and are binding upon the parties signatory to the bid submission forms and contract. By proposing to undertake a project and submitting a bid, the

Contractor certifies and agrees that they have reviewed, is familiar with, and will abide by the requirements of these General Provisions.

Part II General Provisions for Bidding of Construction Contracts

GP-1.00 Bidding Requirements and Conditions

GP-1.01 Preparation of Bid

All Contractors and Subcontractors are hereby instructed to conform to the requirements outlined in the project plans and specifications for supplies, materials, goods, and services, as a basis for the preparation of all bids including alternates (add or deduct/delete).

The failure to comply with this requirement may result in the disqualification of the subject bid as non-responsive.

Should a disqualification occur due to the Contractor’s failure to comply with this requirement, no claim of any sort shall be made or allowed for the reimbursement of any cost associated with the preparation of the bid, or any other cost associated with preliminary Construction and Engineering work.

All bidders are required to complete and upload to www.PennBid.net the following:

1. All documents included within the Bid Book should be completed and signed.

A copy of the Bid Bond must be attached.

2. The provided schedule of values excel (.xls) file located in the solicitation on www.PennBid.net.

3. Contractor’s Qualification Statement & Certification forms.

Failure to provide the above referenced documentation can result in a non-responsive bid.

All submitted documents will be used to evaluate the bidder as being responsive, and responsible as outlined in Section GP-1.05.

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The Authority is not accepting mailed bids. Bids shall be submitted via www.PennBid.net.

No Bidder shall be allowed to offer more than one (1) price on each item even though he/she may feel that there are two (2) or more types or styles that will meet specifications. Bidders must determine for themselves which to offer. If said Bidder should submit more than one (1) price on any item, all prices for that item may be rejected at the discretion of the Director of Planning and Programming.

This bid is administered according to the Lehigh-Northampton Airport Authority’s Procurement Policy for Acquisition of Goods and Services.

GP-1.02 Opening & Recording of Bids

Bids shall be opened publicly at the time and date designated in the general information and bid invitation. The bids shall be opened in the Lehigh-Northampton Airport Authority Board Room (2nd Level Main Terminal, 3311 Airport Road, Allentown, PA 18109) through www.PennBid.net. The name of each bidder, the total sum base bid price, and such other information as is deemed appropriate shall be read aloud.

Formal bids or amendments thereto received by the Authority after the time specified for bid opening shall not be accepted via www.PennBid.net. Bids cannot be received after this time and thus will not accepted.

GP-1.03 Mistakes in Bids

A bidder may correct mistakes discovered before the time and date of the bid opening by correcting the applicable information through www.PennBid.net.

Bids that have been submitted on www.PennBid.net may be withdrawn and, if desired resubmitted, at any time prior to the specified time of opening.

If the Authority knows or has reason to conclude that a mistake may have been made, the bidder may be required to confirm the bid. Situations in which confirmation may be requested include obvious, apparent errors on the face of the bid or a bid unreasonably lower than the other bids submitted. If the bidder alleges mistake, the bid may be corrected or withdrawn upon written approval of the Authority, provided the following conditions are met:

1. If the mistake and intended correction are clearly evident on the face of the bid document, the bid shall be corrected to the intended correct bid and may not

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be withdrawn. Examples of mistakes that may be clearly evident on the face of the bid document are typographical errors, clerical errors, errors in extending unit prices, transposition errors, and arithmetical errors.

a. When an error is made in extending total prices, the unit bid price shall govern. Carelessness in quoting prices, or in preparation of bid, otherwise, will not relieve the Bidder.

2. A bidder may be permitted to withdraw a low bid if:

a. A mistake is clearly evident on the face of the bid document but the intended correct bid is not similarly evident; or

b. The bidder submits proof of evidentiary value which clearly and convincingly demonstrates that a mistake was made.

Mistakes may not be corrected after award of the Contract except when the Authority makes a determination that it would be unconscionable not to allow the mistake to be corrected. Changes in total sum prices are not permitted. Corrections shall be submitted to and approved by the Authority.

GP-1.04 Minor Irregularities/Informalities

Minor irregularities or informalities in bids, as defined below, may be waived if the Authority determines that it shall be in its best interest. The Authority may either give a bidder an opportunity to cure any deficiency resulting from a technicality or minor irregularity in its bid or waive the deficiency where it is to the Authority’s advantage to do so.

During the public opening of bids, if a bid appears to be irregular as herein specified, this fact may be announced when read and documented accordingly. The bid and the said irregularity will be considered by the Authority in accordance with these General provisions, law and regulations.

The Authority reserves the right to waive minor differences in specifications provided these differences do not violate the specifications intent nor affect the operation for which the items are being purchased, nor increase estimated maintenance and repair cost to the Authority. The Authority reserves the right to award contracts or place orders on a lump sum or individual item basis, or such combination as shall, in its judgment, be in the best interest of the Authority.

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GP-1.05 Rejection of Individual Bids or Proposals

Any bid may be rejected in whole or in part when it is in the best interest of the Authority to do so.

Reasons for rejection of a bid may include but are not limited to:

1. The bid is non-responsive i.e., it does not conform in all material respects to the solicitation or bid package;

2. Unreasonable price;

3. Pursuant to the LNAA’s Responsible Contractor’s Policy, if the Bidder responds in the negative to any question listed in Section II of the Contractor’s Qualification Statement & Certification.

3. The bidder submitting the bid is determined to be non-responsible through the Contractor’s Qualification Statement and Certification Forms. A determination of non-responsibility may be made for, but is not limited to, any of the following reasons, as identified below:

a. Failure to demonstrate the minimum project-specific qualifications identified in Section IV.

b. Bidder debarred from performing construction work or ineligible to perform the work and period of debarment or ineligibility has not expired.

c. The unit prices contained in a bid are unbalanced.

d. Evidence of collusion among bidders.

e. Inadequate ability, capacity, quantity and/or quality of experience, plant, equipment, financing, manpower or other resources required to perform the contract.

f. The sufficiency of the financial resources and ability of the Bidder to perform the contract or provide the service.

g. Bidder's workload which, in the judgment of the Authority, might hinder or prevent the prompt completion of the subject work if awarded.

h. Default by the bidder on other contracts.

i. Failure to pay or satisfactorily settle all reasonable and just bills due for labor and material on prior or current contracts.

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j. The same person has an interest in more than one bid on a contract exclusive of being named by another bidder as a subcontractor.

k. Failure to perform satisfactorily on other contracts awarded, and the conditions leading to unsatisfactory performance remain unresolved.

l. The character, integrity, reputation, judgment, experience and efficiency of the Bidder.

m. The Bidder’s previous and present compliance with laws and ordinances relating to the contract or service.

n. The ability of the Bidder to provide future maintenance and service for the use of the subject of the contract.

o. Whether the Bidder is in arrears to the Authority on a debt or contract or is a defaulter on surety to the Authority.

p. Such other information as may be secured having a bearing on the decision to make the award.

q. Any other reason affecting the bidder’s ability to perform, or record of business integrity.

r. Bidder not otherwise qualified and eligible to receive an award under applicable laws and regulations.

s. Bidder who has previously failed to perform properly or complete on time contracts with the Authority.

t. The bidder or offeror fails to supply information to the Authority promptly, after notification from the Authority that such information is required in connection with a determination to be made pursuant to the information listed above.

GP-1.06 Responsibility/Qualifications of Bidder

The Authority may make such investigations as it deems necessary to determine the ability of the Bidder to perform the work, and the Bidder shall furnish to the Authority all such information and data for this purpose as the Authority may request. The Authority reserves the right to reject any bid if the evidence submitted by, or investigation of, such Bidder fails to satisfy the Authority that such Bidder is properly qualified to carry out the obligation of the contract and to complete the work contemplated therein. Conditional

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bids will not be accepted in determining responsibility. In determining responsibility, the Director of Planning & Programming shall review and evaluate the Contractor’s Qualification Statement and Certificate. If the bidder submitting the lowest numerical bid is found to be non-responsible, the Authority will afford the bidder the opportunity for a responsibility hearing. Following the responsibility hearing, the Authority and/or the Executive Director shall make a final determination as to the bidder’s responsibility. Such determination shall be final.

No proposal shall be accepted from or contract awarded to any person, firm or corporation that is in arrears or is in default to Lehigh-Northampton Airport Authority upon any debt or contract, or that is a defaulter, as surety or otherwise, upon any obligation to said Authority, or had failed to perform faithfully any previous contract with the Authority. The Bidder, if requested, must present prior to the Notice of Award evidence satisfactory to the Director of Planning and Programming of performance ability and possession of necessary facilities, pecuniary resources and adequate insurance to comply with the terms of these specifications and contract documents.

The successful Bidder shall inform the Director of Planning and Programming of any and all circumstances which may impede the progress of the work or inhibit the performance of the contract including, but not limited to bankruptcy, dissolution or liquidation, merger, sale of business, assignment, etc.

The Authority may examine the Bidder’s and any first-tier subcontractor’s records to determine and verify compliance with the contract. The Bidder and any first-tier subcontractor must grant the Authority access to these records at all reasonable times during the contract term and for three (3) years after final payment. If the contract is supported to any extent by Federal or State funds, the appropriate Federal or State authorities may also examine these records. The Bidder must include the preceding language of this paragraph in all first-time subcontracts.

GP-1.07 Rejection of all Bids

After opening of bids or proposals but before award is provided, all bids or proposals may be rejected in whole or in part when the Authority, with the approval of the Executive Director or his designee, determines that this action is fiscally advantageous or otherwise in the Authority’s best interest.

A notice of rejection of all bids shall be sent to all vendors that submitted bids through www.PennBid.net, along with written correspondence from the Authority stating as such.

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GP-1.08 Bid Evaluation and Award

The Contract is to be awarded to the responsible and responsive bidder whose bid meets the requirements and evaluation criteria set forth in the invitation for bids and is either the lowest bid price or lowest evaluated bid price.

Bids shall be evaluated to determine which bidder offers the lowest cost to the Authority in accordance with the evaluation criteria outlined in Section GP-1.05 and Contractor Qualification Statements and Certifications set forth in the invitation for bids.

Except as otherwise provided under GP-1.03 Mistakes in Bids, the Authority reserves the right to correct any and all discrepancies contained in a bid or proposal cost as follows:

1. The written total sum base bid on the bid forms shall govern in the event of a discrepancy between the written total sum base bid and the inputted figures.

2. The written total sum base bid on the bid forms shall govern in the event of a discrepancy between the written total sum base bid and the figures inputted directly into www.PennBid.net.

3. The unit price will govern in the event of a discrepancy between the unit price bid and the extended price (product of unit price multiplied by the quantity).

4. The sum of the extended prices will govern in the event of a discrepancy between the total lump sum bid and the extended prices.

5. If a unit price has been omitted, the unit price will be determined by dividing the extended price by the quantity.

The Authority reserves the right to make the award by item, or groups of items, or total bid if it is in the best interest of the Authority to do so unless the bidder specifies in his bid that a particular or progressive award is not acceptable.

Upon determination of the lowest bidder, review of the bid for responsiveness, and satisfaction that the bidder is responsible, the Contract may be awarded to that bidder. A contract may be awarded to a bidder offering a higher quality item than that designated in the invitation for bids if that bidder is also the lowest responsive and responsible bidder.

GP-1.09 Tie Bids

Tie bids are responsive bids from responsible bidders that are identical in price, terms and conditions and which meet all the requirements and evaluation criteria set forth in the invitation for bids.

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If two (2) or more Bidders shall be tied for the lowest bid on a purchase contract, quality and service being equal, the contract shall be awarded to a local Bidder. If there is no local Bidder, or more than one local Bidder, the Authority shall award the contract to one (1) of the Bidders by drawing lots in public.

GP-1.10 Bid Protests

A bid protest must be in writing and filed with the Authority. Oral objections, whether or not acted on, are not protests.

Right to Protest: A bidder or offeror, a prospective bidder or offeror, or a prospective contractor that is aggrieved in connection with the solicitation or award of a contract, may protest to the Executive Director of the Authority in writing.

Time for Filing: A bid protest shall be filed not later than seven (7) days after the aggrieved bidder knew or should have known of the facts giving rise to the protest except that in no event may a protest be filed later than seven days after the date the contract was awarded.

If the protestant is a prospective bidder, a protest shall be filed with the Authority prior to the bid opening time or the proposal receipt date. If a prospective bidder fails to file a protest or files an untimely protest, the bidder or prospective bidder shall be deemed to have waived its right to protest the solicitation or award of the contract in any forum.

Untimely filed protests shall be disregarded by the Authority.

Contents of Protest: A protest shall state all grounds upon which the protestant asserts the solicitation or award of the contract was improper. The protestant may submit with the protest any documents or information it deems relevant to the protest.

Response and Reply: Within fifteen (15) days of receipt of a protest, the Authority may submit to the protestant a response to the protest, including any documents or information deemed relevant to the protest. The protestant may file a reply to the response within ten

(10) days of the date of the response.

Evaluation of Protest: The Executive Director of the Authority or his designee shall review the protest and any response or reply and may request and review such additional documents or information he deems necessary to render a decision and may, at his sole discretion, conduct a hearing. The Executive Director of the Authority or his designee shall provide to the protestant and the contracting officer a reasonable opportunity to review and address any additional documents or information deemed necessary by the Executive Director of the Authority or his designee to render a decision.

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Determination: Upon completing an evaluation of the protest, the Executive Director of the Authority or his designee shall issue a written determination stating the reasons for the decision. The determination shall be issued within sixty (60) days of the receipt of the protest unless extended by consent of the Authority or his designee and the protestant.

The determination shall be the final order of the Authority. If the Executive Director of the Authority or his designee determines that the solicitation or award or the contract was contrary to law, the following apply:

1. If the determination is made prior to the execution of a contract, the remedies are limited to cancellation of the solicitation or proposed award or revision of the solicitation or proposed award to comply with the law.

2. If the determination is made after the execution of a contract and the person awarded the contract has not acted fraudulently or in bad faith:

2.1. the contract may be ratified and affirmed, provided it is determined by the head of the purchasing agency or his designee that doing so is in the best interest of the Commonwealth;

2.2. the contract, with the consent of all parties, may be modified to comply with the law; or

2.3. the contract may be terminated and the person awarded the contract shall be compensated for the actual expenses reasonably incurred under the contract prior to the termination. Such compensation shall not include loss of anticipated profit, loss of use of money or administrative or overhead costs.

3. If the determination is made after the execution of a contract and the person awarded the contract has acted fraudulently or in bad faith:

3.1. the contract may be ratified and affirmed, provided it is determined by the head of the purchasing agency or his designee that doing so is in the best interest of the Commonwealth and without prejudice to the right of the Authority to damages as may be appropriate.

3.2. the contract, with the consent of all parties, may be modified to comply with the law; or

3.3. the contract may be declared void.

Stay of Procurement During Pendency of Protest: If a protest is filed timely under this section and until the time has elapsed for the protestant to file the Notice of Appeal with the Executive Director of the Authority, the Authority shall not proceed further with the solicitation or with the award of the contract unless and until the Executive Director of the Authority makes a written determination that the protest is clearly without merit or that

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award of the contract without delay is necessary to protect substantial interests of the Commonwealth.

Appeal: Within fifteen (15) days of the mailing date of the final determination denying a protest, a protestant may file with the Executive Director of the Authority notice that he, she, or it appeals the final determination and invokes the right to arbitration. Issues not raised by the protestant before the Executive Director of the Authority are deemed waived and may not be raised at the Arbitration.

The Arbitration shall be conducted by Judicial Arbitration and Mediation Services (JAMS) of Philadelphia under the JAMS Code of Procedure then in effect. The Arbitration is binding on all parties to the Arbitration. An award or decision may be entered as a judgment in any Court having jurisdiction.

Within fourteen (14) days after filing of the Notice of Appeal, the protestant and the

Authority shall select an Arbitrator from the JAMS panel. If the parties are unable to agree on an Arbitrator, JAMS shall select an Arbitrator who is a retired Judge of the United

States or of the Commonwealth of Pennsylvania.

Record of Determination: The record of determination for review by the Arbitrator shall consist of the solicitation or award; the contract, if any; the protest; any response or reply;

any additional documents or information considered by the Executive Director of the

Authority or his designee; hearing transcripts and exhibits, if any; and the final determination.

Standard of Review: The Arbitrator shall determine the matter on the record of determination certified to him or her by the Authority. No other evidence shall be presented to the Arbitrator.

The Arbitrator shall affirm the determination of the Executive Director of the Authority or his designee unless the Arbitrator finds from the record that the determination is arbitrary and capricious, an abuse of discretion or is contrary to law.

Proceeding and Disposition by the Arbitrator: The parties to the Arbitration shall file Briefs with the Arbitrator within twenty (20) days after the appointment of the Arbitrator.

The Arbitrator shall file his or her decision within forty-five (45) days after the Briefs have been filed.

Remedy: If the final determination of the Executive Director or his designee is not affirmed because it is contrary to law, then the Arbitrator shall cancel the solicitation or award, and declare void any resulting contract.

The expenses and fees of the Arbitrator, together with other fees, shall be borne equally by the protestant and the Authority.

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This Section GP-1.08 shall be the exclusive procedure for protesting an Authority solicitation or award of a contract by a bidder, offeror, prospective bidder or prospective offeror, or a prospective contractor that is aggrieved in connection with the solicitation or award of a contract. The provisions of 2 Pa. C. S. shall not apply to this procedure.

GP-1.11 Bid Conditions

Unless otherwise specified by the Authority or by the Bidder, the Authority reserves the right to make an award on all items, or on any of the items according to the best interests of the Authority. Bidder may restrict his/her bid to consideration in the aggregate by so stating but should name a unit price on each item bid upon; any bid in which the bidder names a total price for all the articles without quoting a price on each and every separate item identified in the schedule of values, may be rejected at the option of the Authority.

Each Bidder shall submit where necessary or when requested by the Planning and Programming Director, catalogs, descriptive literature, and detailed drawings, fully detailing features, designs, construction, finishes and the like necessary to fully describe the materials or work they propose to furnish.

By submitting a bid, the Bidder agrees to the following:

A. Save the Authority, its agents and employees harmless from liability of any nature or kind for the use of any copyrighted or un-copyrighted composition, secret process, patented or unpatented, invention, article or appliance furnished or used in the performance of the contract which the Bidder is not the patentee, assignee, licensee or owner.

B. Protect the Authority against latent defective material or workmanship and to repair or replace any damages or marring occasioned in transit or delivery.

C. Furnish adequate protection against damage to all work and to repair damages of any kind, to the building or equipment, to their own work or to the work of other contractors, for which their worker is responsible due to the negligence in the course and scope of the employment.

D. Pay for all permits, licenses and fees and give all notices and comply with all laws, ordinances, rules and regulations of the Authority and State of Pennsylvania.

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GP-2.00 Project Award and Execution of the Contract

GP-2.01 Basis of Contract Award

The Authority will award this Contract to the responsible and responsive bidder whose bid meets the requirements and evaluation criteria set forth in the invitation for bids and is either the lowest price or lowest evaluated bid price, based on the total sum base bid and any combination of Add or Deduct Alternates included in the Contract Documents, whichever is in the best interest of the Airport Authority.

All required documents identified in Section GP-1.01 (Bid Book, schedule of values in electronic format (.xls) and the Contractor’s Qualification Statement & Certification) must have a formal response with submission of each bid and will be included in consideration of award.

GP-2.02 Contract Award and Notice to Proceed

Basis of Award: The Authority to provide a bid evaluation and review of each contractor’s submitted bid for scope understanding, confirmation of required bid submittal items and contract language. This may require a meeting with each contractor for a submission review. Confirmation of all grant requirements (if applicable) will be included in this review.

All other required bid documentation will be reviewed per the project plans and specifications to ensure conformance. This includes the review and rating of the Bidder’s Contractor Qualification Statement & Certification form to ensure bid responsiveness and that the bidder is responsible. After this review, the lowest responsible and responsive contractor will be recommended to the Lehigh-Northampton Airport Authority Board of Governors for approval (as required). Upon acceptance, the Notice of Award will be issued.

Notice of Award (NOA): NOA will initiate the process of the awarded bidder (contractor) to provide the necessary contract documents to further validate compliance with the project plans and specifications. Upon review by the Authority and its representative, should any of the requested documents outlined below deem the contractor unable to perform the project as identified during the bid submission, the NOA will be rescinded and the next lowest, responsive and responsible contractor will be contacted.

The responsible Bidder shall provide the Authority with the following (all within twenty (20) calendar days):

a. Certificate of Insurance

b. Required bonds (performance/labor and material)

c. Submittal log

d. Detailed Schedule of Values

e. Preliminary construction schedule (to include all milestones)

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f. Project-specific Safety Plan

g. Signed Safety Plan Compliance Document (SPCD) (if required)

h. Name and Email of two individuals who will be signing the contractual agreement (identify Execution and Attest for each)

i. W-9 Request for Taxpayer Identification Number and Certification

j. LNAA Electronic Fund Transfer (EFT) form

Upon review and acceptance of the above-referenced documents, the Authority will provide the contractual agreement to the identified parties through DocuSign for signature and execution. The bidder will execute the contractual agreement through DocuSign within ten (10) days after receipt. Once the agreement is fully executed, the Authority will issue the ANTP.

The Detailed Schedule of Values shall be in the same format as the Base Bid Schedule of Values, with the following additional information:

a. Contractor’s preliminary schedule should estimate projected Administrative

Notice to Proceed (ANTP) and Construction Notice to Proceed (CNTP) dates.

The CNTP date shall serve as the first milestone and predecessor for construction activities to begin and the contract duration to start. If approved, the durations in the preliminary schedule will be resubmitted using the actual CNTP date to act as the contract baseline schedule for milestones and liquidated damages. This action will include acceptance of schedule by the contractor. Failure to finish this action will allow the Airport Authority to consider other responsive bidders for award.

b. Contractor’s preliminary schedule must include the additional lead time required to obtain equipment, materials, and permits (if applicable). The Engineer, Construction Manager, and the Authority will then review and either approve or reject the construction schedule within ten (10) calendar days of receipt of said schedule. Should the Authority or Engineer have any discrepancies with the submitted schedule, the schedule will be rejected with a request of further action or amendment. Construction schedule deliberation between the Bidder and the Authority/Engineer may reach a maximum of sixty

(60) calendar days beyond the date the Authority/Engineer rejected the first construction schedule, allowing a minimum of four (4) re-submissions of the schedule by the Bidder. If an approved schedule has not been reached after the deliberation period has expired and at least four (4) re-submissions made by the Bidder, the Authority reserves the right to issue the CNTP to initiate the contract duration while schedule deliberation continues, while any and all liquidated damages calculated from that date will be the responsibility of the Contractor.

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Administrative Notice to Proceed (ANTP) (Executed Contract): Once the agreement is fully executed, the Authority will issue the ANTP. The contractor can initiate Mobilization after receiving ANTP. During this time, the preliminary schedule agreed upon during the NOA phase listed above should be submitted for review and approval pending any required changes. Contractor shall also identify and submit the required shop drawings to order all long lead items. Schedule review will continue to occur to confirm the overall schedule requirements will be met prior to Construction NTP (CNTP). Permits should also be initiated and acquired during ANTP. The focus of the approval for schedule will be based on activity durations. Progress meetings will be initiated at this point.

With the ANTP issued, the Bidder (now the Contractor under signed contractual agreement) must order and procure all material and equipment as well as obtain any permits the project will require. Prior to the issuance of CNTP, the contractor shall submit and receive approval for the baseline schedule, safety plan, security plan, and QC plan.

Submittal of these documents for approval is required within ten (10) days of ANTP.

CNTP will not be issued without approval of these four (4) documents. Utilizing the construction schedule, the Authority/Engineer and the Contractor will mutually agree on a date at which all materials and equipment will be available and all necessary permits received for the project to commence. This date will serve as the start of the contract duration and will be documented by an Authority issued Construction Notice to Proceed.

Construction Notice to Proceed (CNTP): After mobilization, initial schedule approval, and permit approval/receipt, the Authority will issue CNTP for all construction activities.

Contractor will consider this CNTP for all construction activities and assign dates based on the approved durations in the preliminary schedule to define each milestone date. The CNTP begins the contract duration in which liquidated damages will be assessed, as described in Section GI-1.05.11.

GP-2.03 Execution of Contract

The Contract shall be effective only upon receipt by the Authority, executed Contract Forms, and Performance and Payment Bonds (if required), approval by the Authority’s Board of Governors, (if required), and execution of the Contract by the Authority.

As stated in Section GP-2.02, the Authority will provide the contractual agreement to the identified parties through DocuSign for signature and execution once all the conditions of the NOA have been fulfilled. The bidder will execute the contractual agreement through DocuSign within ten (10) days after receipt. Once the agreement is fully executed, the Authority will issue the ANTP.

The Authority will provide the Contractual agreement to the Bidder within sixty (60) days of receiving the requested NOA documents. If the Authority fails to execute the Contract and the period of irrevocability has expired, the bidder may, as its sole remedy, withdraw its bids.

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Failure of the bidder to execute the Contract and file acceptable security as defined in Section GP-3.02 within the allotted time shall be just cause for the annulment of the award and the forfeiture of the Proposal Guaranty which shall become the property of the Authority, not as a penalty but in liquidation of damages sustained. Award may then be made to the next lowest responsive, responsible bidder or the work may be re-advertised and constructed under contract or otherwise, as the Authority may decide.

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GP-3.00 Overall Bidder Responsibility and Acknowledgements

GP-3.01 Bid Bonds

Bid Deposit - Bid Bond, Certified or Cashier’s Check: When required, each bid shall be accompanied by a bid bond signed by a surety company licensed to do business in the State of Pennsylvania, or by a cashier’s check, certified check or Treasurer’s check drawn on a responsible bank doing business in the United States in the amount of ten (10%) percent of the total Bid and shall be made payable to the “Lehigh-Northampton Airport Authority”. When computing the amount of Bid for Check purposes, DO NOT deduct for trade-ins. U.S. Postal Money Orders are acceptable in lieu of checks.

GP-3.02 Performance, Payment and Bonds

Performance and Payment Bonds: The successful Bidder must furnish the required bonds as indicated, made out to the “ Lehigh-Northampton Airport Authority”, prepared on industry standard forms, or on an approved equal if necessary, as security for the faithful performance of the Bidder’s contract, within twenty (20) calendar days after receiving Notice of Award (NOA). The surety thereon must be such surety company or companies as are authorized and licensed to transact business in the State of Pennsylvania. Attorneys in fact who sign bonds must file with each bond a certified copy of his/her power of attorney to sign bonds. The successful Bidder or Bidders upon failure or refusal to furnish, within twenty (20) calendar days after receiving Notice of Award, the required bonds shall forfeit to the Authority, as liquidated damages his/her bid bond. The Performance Bond shall be in the amount of one hundred (100%) percent of the contract price covering faithful performance of the contract; and the Labor and Materials Payment Bond shall be in the amount of one hundred (100%) percent of the contract price as security for payment of all persons performing labor and furnishing materials in connection therewith.

GP-3.03 Specifications References

Formal Specifications: The Bidder shall abide by and comply with the true intent of the specifications and not take advantage of any unintentional error or omission but shall fully complete every part as the true intent and meaning of the specifications and drawings. Whenever mention is made herein, of any article, material, or workmanship to be in accordance with laws, ordinances, building codes, underwriter’s codes, A.S.T.M. regulations or similar expressions, the requirements of these laws, ordinances, etc., shall be construed to meet or exceed specification requirements and current established noise levels for specific equipment, materials, and/or services being furnished under this contract. All deviations from the specifications must be noted in detail by the Bidder, in writing, at the time of submittal of the formal bid. The absence of a written list of specification deviations at the time of submittal of the bid will hold the Bidder strictly accountable to the Authority to the specifications as written. Any

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deviation from the specifications as written not previously submitted, as required by the above, will be grounds for rejection of the material and/or equipment when delivered.

Samples: The Planning & Programming Department reserves the right to retain or destroy the samples submitted for the purpose of evaluation and will be free from any redress or claim on the part of the Bidder if any samples are lost or destroyed. Bidders shall make all arrangements for delivery of samples to the place designated, as well as the removal of samples. Cost of delivery and removal of samples shall be borne by the Bidder. Upon notification by the Planning and Programming Department that a sample is available for pickup, it shall be removed within thirty (30) calendar days at the Bidder’s expense or the Director of Planning and Programming shall dispose of same at his/her discretion. All sample packages shall be marked “Sample for Planning and Programming Department” and each sample shall bear the name of the Bidder, item number, project number, and shall be carefully tagged or marked in a substantial manner. Failure of the Bidder to clearly identify samples as indicated may be considered sufficient reason for rejection of bid.

Trade Names/Substitutions: In cases where an item is identified by a manufacturer’s name, trade name, catalog number, or reference it is understood that the Bidder proposes to furnish the item so identified and does not propose to furnish an “equal/substitution” unless submission of an “equal/substitution” is stated otherwise as permissible. Any Bidder who contemplates offering a product that differs from that specified must obtain the Authority’s written approval by submission of his/her request no later than the deadline for receipt of substitution requests as stated in the bid documents. The reference to the above catalog is intended to be descriptive but not restrictive and only to indicate to the prospective Bidder articles that will be satisfactory.

Bids on makes and catalogs will be considered, provided each Bidder clearly states on the face of his/her proposal exactly what he/she proposes to furnish, and forwards with his/her bid, a cut, illustration, or other descriptive matter which will clearly indicate the character of the article covered by his/her bid. The Director of Planning and Programming hereby reserves the right to approve as an equal, or to reject as not being an equal, any article the Bidder proposes to furnish which contains major or minor variations from specification requirements but may comply substantially therewith. If no particular brand, model, or make is specified, and if no data are required to be submitted with the bid, and after award and before manufacture or shipment, the successful Bidder may be required to submit working drawings or detailed descriptive data sufficient to enable the Director of Planning and Programming to judge if each requirement of the specifications is being complied with.

GP-3.04 Contract Provisions

The entire contract agreement to be executed by the lowest, responsive and responsible bidder as outlined in these General Provision documents is included in Part VI – Sample Contract Agreement of the entire bid package. Bidders should be familiar with the language included in the contract to be executed prior to commencement of this project, TECHNICAL PROVISIONS GENERAL PROVISIONS – GP.21 along with the provisions listed below. This list is not all encompassing but serves as a supplement.

Availability of Funds: A contract shall be deemed executory only to the extent of appropriations available to each Authority department/agency for the purchase of such articles. The Authority’s extended obligation on those contracts that envision extended funding through successive fiscal periods shall be contingent upon actual appropriations for the succeeding fiscal year.

Contract Alterations: No alterations or variables in the terms of a contract shall be valid or binding upon the Authority unless made in writing and signed by the Authority or its authorized agent.

Default: The contract may be cancelled or annulled by the Authority in whole or in part by written notice of default to the Bidder upon non-performance or violation of contract terms. An award may be made to the next low Bidder, or, articles specified may be purchased on the open market similar to those so terminated. In either event, the defaulting Bidder (or their surety) shall be liable to the Authority for costs to the Authority in excess of the defaulted contract prices: provided, that the Bidder shall continue the performance of this contract to the extent not terminated under the provisions of this clause. Failure of the Bidder to deliver materials or services within the time stipulated on his/her bid, unless extended in writing by the Director of Planning and Programming, shall constitute contract default. In the event that a Bidder exempted from posting a Bid or Performance Guarantee fails to execute and perform any contract awarded to them, they shall forfeit the right to Bid on any future Authority contract for a period of time determined by the Director of Planning and Programming and they shall be liable for any costs incurred by the Authority as a result of his/her default.

Guarantee: All work, supplies, and/or materials and requirements described in the specifications including any modifications thereto which may be made in accordance with the direction and/or approval of the Director of Planning & Programming shall be Guaranteed/Warranted for a period of one (1) year from the date of final acceptance by the Authority as follows, unless indicated otherwise in this contract:

A. Against all faulty or imperfect materials and/or equipment and against all imperfect, careless and/or unskilled workmanship.

B. Against injury or undue deterioration from proper and usual use of the goods and/or services.

C. Removal and replacement with proper materials, equipment, and/or services and re-execute, correct or repair without cost to the Authority, any materials, equipment, and/or services found to be improper, imperfect, defective or fails to perform as specified.

D. Make good all damage caused to other work, materials and/or equipment

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due to such required removal, replacement and/or re-execution.

E. Shall comply with any and all guarantee/warranties of whatever nature referred to in other portions of the contract specifications.

Any warranties whether expressed or implied shall not reduce the risk of the seller’s/manufacturer’s obligation to the Authority against latent defect which may be found during the rated life of the supplies and/or materials and requirements described in the specifications including any approved modifications.

New Goods, Fresh Stock: All contracts, unless otherwise specifically stated, shall produce new commodities, fresh stock, latest model, design or pack.

Subletting of Contract: It is mutually understood and agreed that the Bidder shall not assign, transfer, convey, sublet, or otherwise dispose of their contract or their rights, title or interest therein, or their power to execute such contract, to any other person, firm or corporation, without the previous written consent of the Director of Planning & Programming, but in no case shall such consent relieve the Bidder from his/her obligations, or change the terms of the contract.

Termination of Contracts: Contracts shall remain in force for full periods specified and until all articles ordered before date of termination shall have been satisfactorily delivered and accepted and thereafter until all requirements and conditions shall have been met, unless:

A. Terminated prior to expiration date by satisfactory deliveries of entire contract requirements.

B. Extended upon written authorization of the Director of Planning and Programming and accepted by Bidder, to permit ordering of unordered balances or additional quantities at contract prices and in accordance with contract terms.

Termination for Convenience: The performance of work under this Contract may be terminated by the Authority in accordance with this clause in whole, or from time to time in part, whenever the Authority shall determine that such termination is in the best interest of the Authority. The Authority shall pay all reasonable expenses associated with this Contract that the Contractor has incurred up to the date of termination, and all reasonable expenses associated with termination of the Contract; provided, however, the Contractor shall not be reimbursed for any anticipatory profits that have not been earned up to the date of termination.

Closeout Documents: When all work under this contract has been completed, the Contractor will be responsible to provide the Authority with the following documentation:

A. Full-size set of redline drawings (electronic copy preferred).

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B. As-built AutoCAD (non-civil) drawings.

C. All warranties, sub-warranties and specifications. Warranties must include start dates, individual duration, and manufacturer contact information.

D. Copies of all inspections. This includes all Township/Engineer inspections as well as any vendor start-up inspections.

E. All project pictures. Contractor may provide LNAA with either original pictures or an equal copy.

F. Daily reports/construction logs.

Signed Release of Liens from the Contractor and all sub-contractors and vendors.

Payment Terms: Bid prices are to paid in a net sixty (60) calendar days; all discounts are to be deducted and reflected in net prices. Price determination will be made based on schedule of values and in accordance with the contract (Section 6.9). Term discounts of less than twenty (20) calendar days will not be considered in connection with any prompt payment discount offered; time will be computed from date of receipt of correct invoice or receipt and acceptance of shipment, whichever is later. Pre-payment for materials prior to delivery on site is expressly prohibited. Any suppliers who require a down payment (such as elevator and escalator suppliers) must be paid out of a line item for mobilization.

Equipment such as elevator/escalator down payment will have a separate item for reimbursement once shop drawing approval is obtained.

Insurance: Liability insurance on all major divisions of coverage identified below for every

Bidder and subcontractor shall be required for the length of the contract. Bidder and subcontractor must supply evidence of insurance prior to issuance of the Administrative

Notice to Proceed. Each Bidder agrees to assist in every manner possible in the reporting and investigation of any accident, and upon request, agrees to cooperate with all interested insurance carriers in the handling of any claims by securing and giving evidence and obtaining the attendance of witnesses as required for any claim or suit. The

Bidder shall provide the Certificate of Insurance to the Airport Authority within twenty (20) calendar days after receiving Notice of Award. Failure to provide an acceptable

Certificate of Insurance within the time frame stated above shall be considered cause to terminate the contract. The certificate shall state that such insurance is in force and cannot be cancelled or released except upon thirty (30) days prior written notice…