MVY 2020 IFB - ARFF Equipment 2 .pdf

Invitation for Bids

July 14, 2020

#MVY 3-25-0034-46-2019

2020 IFB - ARFF EQUIPMENT 2

PROCURE AND DELIVER EQUIPMENT, TOOLS, AND SUPPLIES

(FAA ARFF –CLASS Iv VEHICLE)

AIP Project No. 3-25-0034-46-2019

Sealed Bids Due: August 18, 2020 @ 12:00 PM, EDST Public Opening Zoom Meeting: August 18, 2020 @ 1:00PM, EDST

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CONTRACT DOCUMENTS AND

TECHNICAL SPECIFICATIONS

PROCURE AND DELIVER EQUIPMENT, TOOLS, AND SUPPLIES (FAA ARFF –CLASS IV VEHICLE)

AIP Project

#MVY 3-25-0034-46-2019

2020 IFB – ARFF EQUIPMENT 2

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#MVY 03-25-0034-46-2019

2020 Invitation for Bids – ARFF Equipment

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TABLE OF CONTENTS

Contents

Invitation for Bids #MVY-3-25-0034-46-2019

Section I - Invitation For Bids

Section II - Instructions To Bidders

Section III - Forms for Proposals

Section IV – FAA Contract Provisions

Section V - Successful Bidder Forms

Section VI - Supplemental General Provisions

II PROJECT FORMS

Section VII - MassDOT Form E3

Section VIII - Technical Specifications

APPENDIX 1 - EQUIPMENT, TOOLS, AND SUPPLIES (A1-A9)

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Section I - Invitation For Bids

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INVITATION FOR BIDS

FOR IMPROVEMENTS TO

MARTHA’S VINEYARD AIRPORT (MVY)

The Martha’s Vineyard Airport Commission invites sealed bids for furnishing all materials in connection with a contract for the Martha’s Vineyard Airport, West Tisbury, Massachusetts as follows:

PROCURE AND DELIVER EQUIPMENT, TOOLS, AND SUPPLIES (FAA ARFF-CLASS IV VEHICLE)

AIP NO. 3-25-0034-46-2019

Procedures regarding bids and the selection of contractors shall be in conformity with the Massachusetts General Laws, Chapter 30B, as amended to date. Sealed Bids for the General Contract must be submitted digitally through CommBuys, Massachusetts’ online procurement platform https://www.commbuys.com/bso/view/login/login.xhtml; or delivered to the office of the prior to 12 p.m.

Eastern Daylight Savings Time, on Tuesday, August 18, 2020. Bids received after the above time and date will be rejected and returned unopened. Bid packages will be publicly opened and read aloud via Zoom at 1:00pm, Tuesday, August 18, 2020. Zoom meeting ID: 867 0757 1604. Join https://us02web.zoom.us/j/86707571604

The proposed work includes the procurement and delivery of ancillary equipment for an ARFF –Class IV vehicle; the mounting, storing, or attaching will be provided by others.

General Bids must be submitted on the Form for General bid included herein. The General Bids shall be filed with the Owner at the location designated above, accompanied by a bid deposit in the form of a bid bond or a certified check, in the amount not less than five percent (5%) of the bid price for the Contract work. The bid security shall be made payable to the Martha’s Vineyard Airport Commission.

The Instruction to Bidders, Bid Proposal Forms, Contract Documents, and Specifications are available at on or after July 14, 2020 between the hours of 9:00 AM and 4:00 PM Monday through Friday, or via the airport’s website at: www.mvyairport.com/upcoming-events/ or through CommBuys internet-based procurement system for the Commonwealth of Massachusetts, https://www.commbuys.com/bso/view/login/login.xhtml .

Instructions to Bidders, Bid Proposal Forms, Contract Documents and Specifications (in PDF form) may be obtained electronically by emailing Joan Shemit, jshemit@mvyairport.com. Printed copies of the Contract Specifications are available for pick up from the General Aviation building, Administrative offices, Monday through Friday, 8:00am – 5:00pm.

Pre-Bid Conference: Not required

The proposed equipment to be purchased under this contract will be subject to the Commonwealth of Massachusetts, Massachusetts General Laws Chapter 30B “Uniform Procurement Act” and a Disadvantaged Business Enterprise (DBE) set aside for this work. A five and 77/100 percent (5.77%) goal for employment of DBE firms certified by the Massachusetts Unified Certification Program (UCP) has been established for this job.

https://www.commbuys.com/bso/view/login/login.xhtml https://us02web.zoom.us/j/86707571604 http://www.mvyairport.com/upcoming-events/ https://www.commbuys.com/bso/view/login/login.xhtml mailto:jshemit@mvyairport.com

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The Contractor must comply with the Federal Civil Rights Act of 1964, Title VI; Airport and Airways Improvement Act of 1982 General Civil Rights, Section 520; Disadvantage Business Enterprise Title 49 CFR Part 26; Lobbing and Influencing Federal Employees, Title 49 CFR Part 20; the Occupational Safety and Health Act; and Executive Order 11246.

The Contractor must comply with the Buy American Preference (49 USC §50101); Foreign Trade Restriction (49 USC §50104, 49 CFR Part 30); 2 CFR §200; Government-wide Debarment and Suspension (2 CFR Part 180, Subpart C; 2 CFR Part 1200; DOT Order 42005).

Title VI Solicitation Notice

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

Disadvantage Business Enterprise

The Owner’s award of this contract is conditioned upon Bidder or Offeror satisfying the good faith effort requirements of 49 CFR §26.53.

As a condition of bid responsiveness, the Bidder or Offeror must submit the following information with their proposal on the forms provided herein:

(1) The names and addresses of Disadvantaged Business Enterprise (DBE) firms that will participate in the contract;

(2) A description of the work that each DBE firm will perform;

(3) The dollar amount of the participation of each DBE firm listed under (1)

(4) Written statement from Bidder or Offeror that attests their commitment to use the DBE firm(s) listed under (1) to meet the Owner’s project goal;

(5) If Bidder or Offeror cannot meet the advertised project DBE goal; evidence of good faith efforts undertaken by the Bidder or Offeror as described in appendix A to 49 CFR Part 26.

The successful Bidder or Offeror must provide written confirmation of participation from each of the DBE firms the Bidder or Offeror lists in their commitment. This Bidder or Offeror must submit the DBE’s written confirmation of participation within 5 days after bid opening.

The requirements of 49 CFR part 26 apply to this contract. It is the policy of the Martha’s Vineyard Airport Commission to practice nondiscrimination based on race, color, sex or national origin in the award or performance of this contract. The Owner encourages participation by all firms qualifying under this solicitation regardless of business size or ownership.

General Bidders and all other levels of contractors on this work will be required to sign, in accordance with the M.G.L. 62C Sections 47A through Sections 49A, a Certificate of Compliance with the Tax Laws of the Commonwealth of Massachusetts.

The Commonwealth of Massachusetts requires all out of state vendors soliciting business in the State to be registered as a Foreign Corporation in the Commonwealth of Massachusetts. Out of State businesses must file a foreign corporation form appointing an agent for services and processing within the State of Massachusetts. The form may be obtained from the state website www.state.ma.us/sec/ for completion.

Proof of registration as a foreign corporation must be submitted with the bid.

Bidders shall comply with the Aviation Safety and Capacity Act of 1990 that requires preference be given to http://www.state.ma.us/sec/

11 | P a g e steel and manufactured products produced in the United States when funds are expended pursuant to a grant issued under the Airport Improvement Program. The successful bidder will be required to assure that only domestic steel and manufactured products will be used by the Contractor, subcontractor, material men and suppliers in the performance of this Contract.

The successful bidder will be required to furnish a 100% Performance Bond or Payment Bond as set forth in the specifications.

Bidders are required to hold bid prices for 150 calendar days following the bid opening date.

The Bidder must supply all the information required by the proposal forms and specifications and must bid on all items, including the Statement of Qualifications package. The Martha’s Vineyard Airport Commission reserves the right to waive any informalities or to reject any or all bids, or to accept any other bid than the lowest bidder should it be deemed to be in the best interest of the Commission to do so.

No bid may be withdrawn within one hundred and fifty (150) calendar days following the actual date of the bid opening.

Awarding Authority Martha’s Vineyard Airport Commission

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Section II - Instructions To Bidders

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INSTRUCTIONS TO BIDDERS

FOR IMPROVEMENTS TO

MARTHA’S VINEYARD AIRPORT (MVY)

General Sealed Bids will be received prior to 12:00 p.m., Eastern Daylight Savings Time, Tuesday, August 18, 2020. Bids received after this time will be returned unopened.

Sealed Bid Submissions must be delivered to the Martha’s Vineyard Airport, 71 Airport Rd, West Tisbury, MA 02575, or submitted digitally through CommBuys, https://www.commbuys.com/bso/view/login/login.xhtml.

Bids will be publicly opened and read aloud via Zoom, at 1:00 p.m., Eastern Daylight Savings Time, Tuesday, August 18, 2020. Zoom Meeting ID: 867 0757 1604, or join https://us02web.zoom.us/j/86707571604.

Hereinafter in these Instructions to Bidders and associated Specifications and Contract Documents, Owner means the Martha’s Vineyard Airport Commission; the Commission also means the Martha’s Vineyard Airport Commission.

The Owner, in accordance with Title VI of the Civil Rights Act of 1964, 78 Stat. 252, 42 U.S.C. 2000d to 2000d-4 and Title 49, Code of Federal Regulations, Department of Transportation, Subtitle A, Office of the Secretary, Part 21, Nondiscrimination in Federally assisted programs of the Department of Transportation issued pursuant to such Act, hereby notifies all bidders that it will affirmatively ensure that in any contract entered into pursuant to this advertisement, Disadvantaged Business Enterprises (DBE) will be afforded full opportunity to submit bids in response to this invitation and will not be discriminated against on the grounds of age, sex, race, color, or national origin in consideration for an award.

Open Bidding: In order to comply with Executive Order 12818, nothing herein shall:

a. Require bidders, offerors, contractors, or subcontractors to enter into or adhere to agreement with one or more labor organizations, on the same or other related construction project(s), or

b. Otherwise discriminate against bidders, offerors, contractors, or subcontractors for refusing to become or remain signatories or otherwise adhere to agreements with one or more labor organizations, on the same or other related construction project(s), or

c. Require any bidder, offeror, contractor or subcontractor to enter into, adhere to, or enforce any agreement that requires its employees, as a condition of employment, to:

1. Become members of or affiliated with a labor organization; or

2. Pay dues or fees to a labor organization, over an employee’s objection, in excess of the employee’s share of labor organization costs relating to collective bargaining, contract administration, or grievance adjustment.

No contractor or subcontractor under a Federal contract shall require, as a condition of any subcontract relating to a Government construction contract that the part with which is contracts impose or enforce https://www.commbuys.com/bso/view/login/login.xhtml https://us02web.zoom.us/j/86707571604

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No verbal agreements or conversations with any agent or employee of the Owner, either before or after execution of the contract, shall affect or modify any of the terms or obligations contained in any of the contract documents.

Modification of bids already submitted will be permitted, provided such modification are in writing and transmitted to the Martha’s Vineyard Airport Commission – West Tisbury, , MA prior to the bid opening date and time. Such modification shall not reveal the amount of the original or revised bid.

If more than one bid is offered by one party, all such bids shall be rejected and returned unopened. If duplicate bids are not discovered until after opening, such duplication shall be cause for immediate rejection of all bids offered by the same party. A party who has quoted prices to a bidder is not thereby disqualified from quoting prices to other bidders, or from submitting a direct bid in his/her own behalf.

Bid Security: Each proposal must be accompanied by a bid security consisting of either a Certified Check, Cashier's Check or Bid Bond, made payable to the Martha’s Vineyard Airport Commission , in the amount of not less than five percent (5%) of the amount of the proposal including all Base and Additive Alternate bid items identified on the Form of General Bid, as assurance that the Bidder will, upon acceptance of this bid, execute such contractual documents as may be required within the time specified. Refer to Section IV for Form of Proposal Guaranty (Bid Bond) attached herein.

Every General Bidder whose deposit is not returned pursuant to the provisions of the following paragraph entitled “Return of Bid Deposits” may file with the Awarding Authority at any time after five

(5) days, Saturdays, Sundays, and legal holidays excluded, from the opening of the General Bids, a Bond in an amount not less than the amount of his/her Bid Deposit and in a form satisfactory to the Awarding Authority, with a surety company qualified to do business in the Commonwealth of Massachusetts.

Upon the filing of a Bond, the Bid Deposit of the General Bidder filing such a Bond will be returned to the bidder.

Sales Tax Exemption Notice: Bidders are instructed to submit bids not including sales tax according to the provisions of §144.062, RSMo. The selected contractor will receive a Project Exemption Certificate and a Massachusetts Tax Exemption letter from the Owner to use in purchasing materials on a tax-free basis. It will be the contractor's responsibility to provide the documentation to any subcontractor.

These documents will be used solely for purchase of materials being directly incorporated into or consumed in the construction of the work under this contract.

Proposal: All Proposals or General Bids are to be prepared on the proposal forms supplied by the Owner and included in the bid package which accompanies the contract documents. The Bidder must supply all information required by the proposal forms and specifications, and he/she must bid on all items listed on Form of General Bid. A bidder shall not stipulate in his/her proposal any conditions not contained in the proposal form included in the contract documents. Bids must be accompanied by the Massachusetts Department of Transportation (MassDOT) Aeronautics Division DBE Letter of Intent that is included in the Bid Proposal Forms.

Contract Award and Selection Criteria The selection of the contractor will be made with consideration to (1) the lowest total price for the bid and (2) the opinion of the Owner as to which contractor’s qualifications are the most favorable to accomplish the proposed work. The decision to award the contract will be further conditioned upon satisfying the requirements established by the awarding authority to evaluate efforts of the bidder to meet the Disadvantaged Business Enterprise Participation contract goals included in the Bid Proposal Forms. For this project, the DBE participation goals are at

17 | P a g e least 1.0 percent of the contract by dollar value.

The Owner reserves the right to waive any informality in or to reject any or all portions of the various low bids from qualified contractor bid items.

The award of the contract, and contract execution, is subject to the approval of the Massachusetts Department of Transportation (MassDOT) Aeronautics Division.

Subcontractor’s List: The names, address, telephone numbers, proposed work items, and amount of major subcontractors the Bidder expects to use in performing the work under this proposal shall be furnished with the bid proposal. If no subcontractors are expected to be used, a statement to that effect must accompany the bid proposal. If alternate bids are requested, any changes in the identity of the major subcontractors expected to be used for work, in the event an alternate bid is accepted, shall be shown. “Major subcontractors”, as used herein, includes any subcontractor performing either ten percent (10%) of the total contract cost, or Fifty Thousand Dollars ($50,000), whichever is less, and any other subcontractor for a particular item of work required to be identified in the bid solicitation. After the bid opening, the successful bidder may not substitute for any of the major subcontractors identified in the bid, except with the written approval of the Awarding Authority for good cause shown. The availability of another subcontractor at a lower cost to the general contractor after the bid opening shall not constitute good cause for such substitution. The successful bidder shall furnish to the Owner a complete list of all subcontractors to be used for the work within ten (10) work days of the issuance by the Owner of notice of intent to award the contract.

Right to Reject Subcontractors: If the Owner, or its designee, has reasonable objection to any proposed subcontractor, the Owner, or its designee, may, before the notice of award is given, request the apparent low bidder to submit an acceptable substitute subcontractor without an adjustment in the bid price. If the apparent low bidder declines to make such substitution, the Owner may award the contract to the next lowest bidder proposing to use acceptable subcontractors. Declining to make the requested subcontractor substitution, will not constitute grounds for any forfeiture of a bidder’s bid bond.

Prohibition on Assignment or Subletting: The contractor shall not assign or subcontract any portion of the contract to any subcontractor not identified as provided in the paragraph titled “Subcontractor’s List” above, without the written approval of the Owner, or its designee. No subcontractor shall subcontract any portion of its work, without the written approval of the Owner, or its designee. The Owner’s written approval of subletting shall not be construed as making the Owner a party to any subcontractor, or subject the Owner to any liability to the subcontractor. No subcontract shall in any circumstances relieve the contractor, or its surety, of its liability and obligation under the contract, and all transactions shall be made through the contractor. Subcontractors will be recognized and dealt with only as workmen and representatives of the contractor.

Statement of Qualifications: Each proposal must be accompanied by a statement of the bidder's qualifications to perform the work contemplated. The Statement of Qualifications shall be prepared on the form attached hereto.

Contract Documents: The Contract Documents consist of the Invitation for Bids, Instructions to Bidders, Bid Conditions, Form of General Bid, Statement of Qualifications, Anticipated Subcontracts, Form of Proposal Guaranty, Notice of Award, Contract Agreement, Performance Bond, Notice to Proceed, Special Provisions, Technical Specifications, bound together and labeled AIP No. 3-25-0034-46-2019 or included herein by reference, dated April 2020 are all a part of the contract.

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Contract Performance Period: Upon execution of the contract, the Owner will issue a written "Notice to Proceed" which will specify an effective date for the Contractor to begin work at the site. All work under this Contract must be completed within four hundred (400) calendar days of the date specified in the "Notice to Proceed" for the Award of the Bid. No additional time will be allowed for any work which may be awarded under the alternate bid items. Failure to complete the project within the time period specified will result in the assessment of liquidated damages as listed below, or termination of contract.

Liquidated Damages: In the event that a successful bidder should fail or refuse to execute and deliver the Contract and Bonds required within five (5) calendar days from the date of the Notice of Award, he/she shall forfeit to the Owner as liquidated damages his/her bid deposit.

Refer to the project special provisions and Technical Specification Item M-001 for additional information regarding liquidated damages for the entire project and per specific work areas.

Pre-award Compliance Review: Upon the request of the U.S. Department of Labor, the sponsor will not enter into contracts or approve the entry into contracts or subcontracts with any bidder, prospective prime contractor, or proposed subcontractor named by the Department of Labor until a pre-award compliance review has been conducted and approved with a determination that the bidder, prospective prime contractor or proposed subcontractor will be able to comply with the provisions of the Equal Opportunity Clause.

Non-procurement List: The “Non-procurement List” is that portion of the “List of Parties Excluded from Federal Procurement and Non-procurement Programs” compiled, maintained, and distributed by GSA which contains the names and other information about persons or companies who have been debarred, suspended, or voluntarily excluded from participation in Federal programs. An individual or company named in the ”Non-procurement List” may not be awarded a grant, a contract, or a subcontract except as provided in 49 CFR Part 29.

Performance Bond and Payment Bond: Simultaneously with his/her delivery of the executed Contract, the Contractor shall furnish surety bonds as security for faithful performance of this Contract and for the payment of all persons performing labor on the project under this Contract and furnishing materials in connection with this Contract. The surety shall be a duly authorized surety company satisfactory to the Owner, listed on the current United States Department of the Treasury "Department of Treasury's listing of approved sureties (Department Circular 570)", and licensed to do business in the Commonwealth of Massachusetts as a condition of acceptability.

Surety Bonds Required: 100% Performance Bond 100% Payment Bond

Power of Attorney: Attorneys-in-fact who sign Bid Bonds or Contract Bonds must file with each bond a certified and effectively dated copy of their power of attorney.

Notice of Special Conditions: Attention is particularly called to the General Provisions, Supplemental General Provisions, and Item M-001 of the Technical Specifications that deal with the following:

a. Inspection and Testing of Materials

b. Insurance Requirements

c. Legal Relations and Responsibility to Public

d. Control of Work

e. Summary of Work

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f. Work Schedule

Addenda and Interpretations: No interpretation of the meaning of the specifications or other pre-bid documents will be made to any bidder verbally.

Every request for such interpretations should be in writing to the Airport and mailed to, Martha’s Vineyard Airport, 71 Airport Rd, Vineyard Haven, MA 02568, or by email at: GFreeman@mvyairport.com and to be given consideration must be received by 12:00 noon Eastern Standard Time on Monday, August 10, 2020. Any and all such interpretations and any supplemental instructions will be in the form of a written addenda to the specifications which, if issued, will be mailed by certified mail with return receipt requested, by Federal Express, or by email, and posted to CommBuys, with a form to be returned by the Bidder acknowledging receipt, to all prospective Bidders at the respective addresses or email addresses furnished for such purposes. Failure of any Bidder to receive any such addendum or interpretation shall not relieve such Bidder from any obligation under his/her bid as submitted. All addenda so issued shall become part of the Contract Documents and so acknowledged by the bidder.

Estimated Quantities and Bid Form: Estimated quantities for unit price items are approximate only, being given as a basis for the uniform comparison of bids, and the Owner does not expressly, nor by implication, agrees that the actual amount of work will correspond therewith.

The Owner reserves the right, as a condition for awarding the Contract, to increase or diminish the amount of any classes, or portion of the work, or to omit construction in certain locations, as may be determined by the Owner.

The Bid Proposal Form, in Section III, consists of items of work for which bid unit prices are requested and/or items of work for which bid lump sum prices are requested. Each bid shall state a unit price for each unit price item and a lump sum price for each lump sum item (if applicable). Each unit price shall be multiplied by the quantity of the particular item and the result stated as the total amount for the item. All such total amounts shall be added together with the sum of all lump sum prices and the grand total of the bid when correctly calculated will be used in the comparison of bids received.

The bid form must not be changed and must be submitted under the name of and with the correct business address of the bidder.

Compliance Reports: Executive Order 11246 as amended. Within 30 calendar days after award of this contract, the Contractor/Subcontractor shall file a compliance report (Standard Form 100) if she/he has not submitted a complete compliance report within 12 months preceding the date of award. This report is required if the Contractor/Subcontractor meets all of the following conditions:

a. Contractors/Subcontractors are not exempt based on 41 CFR 60-1.5.

b. Has 50 or more employees.

c. Is a prime contractor or first tier subcontractor.

d. There is a contract, subcontract, or purchase order amounting to $50,000 or more.

mailto:GFreeman@mvyairport.com

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Procedure for General Bids: Submission of General Bids

The General Bids shall be submitted on the Forms that are provided within a sealed envelope containing the General Bid and the accompanying Bid Security. The envelope shall be clearly marked on the outside as follows:

General Bid for:

for the Martha’s Vineyard Airport, West Tisbury, MASSACHUSETTS Name of Bidder Address of Bidder

a. ALL GENERAL BIDS SHALL BE SUBMITTED IN DUPLICATE.

b. The General Base Bid shall be for the complete project as called for in the Specifications, no Alternates are to be included in the Base Bid.

c. The Bid Deposit specified in the Invitation for Bids shall be included in the envelope with the Bid Form.

d. General Bids sent by mail are forwarded at the risk of the bidder and will not be accepted if received after the time for the opening of the bids.

e. The award of every such contract in connection with which approval by an officer, board or agency of the Commonwealth or of the Federal government, is required shall be made within one hundred fifty (150) calendar days, Saturdays, Sundays and legal holidays included, after such approval; and the award of every contract for which approval by an officer, board or agency of the Commonwealth or of the Federal government is not required shall be made within one hundred fifty (150) calendar days Saturdays, Sundays and legal holidays included, after the opening of the bids. No Bidder may withdraw his/her bid for at least one hundred fifty (150) calendar days after the day and date set for the receipt of General Bids, Saturdays, Sundays, and legal holidays included.

f. If the General Bidder is a Corporation a Vote of Corporate Authorization must be submitted with the Bid.

g. When a conflict exists between the amount shown in figures and the amount shown in words, it shall be understood that the amount shown in words shall govern.

h. Modification of bids already submitted will be permitted, provided such modification be in writing and transmitted to the Martha’s Vineyard Airport Commission, delivered in person to the Administration Offices, General Aviation building, 71 Airport Road, West Tisbury, MA 02575, or mailed to: Martha’s Vineyard Airport Commission, 71 Airport Road, Vineyard Haven, MA 02568, and be received prior to the bid opening date and time indicated above. Such modification shall not reveal the amount of the original or revised bid.

Qualification of Bidder: It shall be the responsibility of the Owner to determine if bidders are “responsible” and “eligible” in accordance with Massachusetts General Law and these plans and specifications.

The Owner may make other such investigations including those outlined in the General Provisions Section 20 paragraph 20-02 to determine if the bidder is “responsible” and “eligible.” It is the responsibility of the bidder to promptly furnish all such information and data for this purpose as listed herein or as requested by the Owner.

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The Owner reserves the right to reject any bid if the evidence submitted by, or investigation of, such bidder fails to indicate that such bidder is responsible and eligible. If the Owner determines that the low bidder is not responsible and eligible, the Owner shall reject the bidder and evaluate the next low bidder in accordance with this section.

Obligation of Bidder: At the time of the opening of bids each Bidder will be presumed to have inspected the site, and to have read and to be thoroughly familiar with the Plans and Contract Documents (including all addenda and permits) as well as all statutes, by-laws and regulations affecting this bid. The failure or omission of any Bidder to examine the site, any form, instrument or document applicable to its bid shall in no way relieve any Bidder from any obligation in respect to its bid.

Rejection of General Bids: Every General Bid which is not accompanied by a Bid Deposit or which otherwise does not conform to the requirements of Chapter 30, Section 39 inclusive of the Massachusetts General Laws, or which is on a form not completely filled in, or which is incomplete, conditional or obscure, or which contains any additional information not called for, shall be invalid, and the Owner will reject every such bid.

Bid Forms must be completely and correctly filled in; giving all of the information that is requested. Bids must not be qualified in any manner. Such qualification may be cause for the rejection of the bid.

More than one Bid Proposal from an individual, firm, or partnership, a corporation or an association under the same or different names will not be considered. Reasonable grounds for believing that any Bidder is interested in submitting more than one Bid Proposal for the work will cause rejection of all Bid Proposals in which the bidder is interested. Any or all Bid Proposals will be rejected if there is reason for believing that collusion exists among the bidders, and no participants in such collusion will be considered in future Bid Proposals for the same work. Bid Proposals in which prices are obviously unbalanced may be rejected.

The Owner reserves the right to waive any informalities in the bidding procedure; to reject any or all bids, if it is deemed to be in the best interest of the Owner, and further, the Contract for the work may be awarded to any other than the low bidder if the low bidder does not possess the necessary skill, ability, or integrity for faithful performance or cannot certify ability to furnish labor that works in harmony with all other elements of labor.

Return of Bid Deposits: All Certified Checks, Certificates of Deposit or Bid Deposits of General Bidders, except those of the three (3) lowest responsible and eligible General Bidders, will be returned within ten

(10) calendar days, Saturdays, Sundays, and legal holidays included, after the opening of the General Bids. Bid Bonds will be retained by the Owner unless accompanied by a self-addressed stamped envelope. The Bid Deposit of the three (3) lowest responsible and eligible General Bidders will be returned upon the execution and delivery of the general contract, or if no award is made, upon the expiration of the one hundred and fifty (150) calendar day time limit, Saturdays, Sundays and legal holidays included.

If any General Bidder fails to execute a Contract and to furnish a Performance Bond, Labor and Materials Payment Bond, and Maintenance Bond, his/her Bid Deposit shall become the property of the Owner as Liquidated Damages for noncompliance of this requirement; provided that the amount of the Bid Deposit shall not, in any event, exceed the difference between his/her price and the bid price of the next lowest responsible and eligible Bidder.

The General Bid Deposit will be returned in case of death, disability, bona fide clerical or mechanical error of a substantial nature, or other unforeseen circumstances affecting the General Bidder.

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Registered to do Business: All bidders shall be registered to do business within the Commonwealth of Massachusetts. Registration can be obtained through the Corporation Division of the Office of the Secretary, Commonwealth of Massachusetts 617.727.9640. Proof of registration as a foreign corporation must be submitted with the bid.

Nondiscrimination in Employment: Contracts for work under this proposal will obligate the Contractors and subcontractors not to discriminate in employment practices.

Bidders must, if requested or required herein, submit a compliance report concerning their employment practices and policies in order to maintain their eligibility to receive the award of the Contract. Successful Bidders must, if requested or required herein, submit a list of all subcontractors who will perform work on the project and written signed statements from authorized agents of the labor pools with which they will, or may, deal for employees on the work together with supporting information that said labor pools will affirmatively cooperate in, or offer no hindrance to, the recruitment, employment and equal treatment of employees seeking employment and performing work under the Contract, or a certification as to what efforts have been made to secure such statements when such agents or labor pools have failed or refused to furnish same prior to the award of the Contract. Successful Bidders must be prepared to comply in all respects with the Contract Provisions regarding non-discrimination.

END OF SECTION II - INSTRUCTIONS TO BIDDERS

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Section III - Forms for Proposals

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GENERAL BIDDER’S SUBMISSION CHECKLIST

ϒ FORM FOR GENERAL BID

ϒ GENERAL BID SCHEDULE OF PRICES

ϒ VOTE OF CORPORATION AUTHORIZING EXECUTION OF CONTRACT

ϒ NON COLLUSION AND TAX COMPLIANCE FORM

ϒ INTERNAL REVENUE SERVICE EMPLOYER IDENTIFICATION NUMBER

ϒ FORM OF PROPOSAL GUARANTY (BID BOND)

ϒ BUY AMERICAN CERTIFICATION

ϒ STATEMENT OF QUALIFICATIONS

o ATTACH REGISTERED LAND SURVEYORS QUALIFICATIONS

ϒ ANTICIPATED SUBCONTRACTS

ϒ REQUEST FOR VERIFICATION OF TAXATION REPORTING INFORMATION

ϒ FORM A: MASS CERTIFICATION FOR CORPORATE, FIRM OR INDIVIDUAL-OWNED BUSINESS

COMPLIANCE WITH MASSACHUSETTS TAX RETURNS AND TAX PAYMENTS

ϒ FORM B: MASS CERTIFICATION FOR NOT PAYING A RETAINAGE FEE TO OTHERS FOR SECURING

THIS WORK

ϒ FORM C: DISADVANTAGED BUSINESS ENTERPRISE SET ASIDE REQUIREMENTS

ϒ MASSDOT LETTER OF INTENT / SCHEDULE OF PARTICIPATION

ϒ CONTRACTORS CERTIFICATION

ϒ FOSTERING SMALL BUSINESS PARTICIPATION – CFR PART 26.39

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FORM FOR GENERAL BID

(BID PROPOSAL FORM)

MARTHA’S VINEYARD AIRPORT

DATE:

TO: THE AWARDING AUTHORITY

MARTHA’S VINEYARD AIRPORT COMMISSION

(OWNER) MR. Robert Rosenbaum, CHAIRMAN

A) The undersigned proposes to furnish all labor and materials required for the project titled, PROCURE AND DELIVER EQUIPMENT, TOOLS, AND SUPPLIES (FAA ARFF –CLASS VEHICLE) for the Martha’s Vineyard Airport in accordance with the accompanying specifications, , for the contract price specified below, subject to additions and deductions according to the terms of the Specifications. It shall be understood that the Owner is the sole judge as to acceptance of the bids and award of the Contract.

B) This bid includes Addenda numbered:

(***contractor must acknowledge receipt of all addenda that are issued. *** )

C) The proposed cumulative Contract Price for the Base Bid is as follows (spelled out and in numbers). In the event of a discrepancy between the written and numeric prices, the written prices shall prevail.

1). Base Bid Price: ___________________________________________________________

Dollars ($ )

D) The undersigned agrees that, if he/she is selected as General Contractor, he/she will, within five

(5) consecutive calendar days, after presentation thereof by the awarding authority, execute a contract in accordance with the terms of this Bid, and furnish a Performance Bond of a surety company qualified to do business under the laws of the Commonwealth of Massachusetts and satisfactory to the Awarding Authority in the sum of the contract price, the premium for which are to be paid by the General Contractor and are included in the Contract Price.

The undersigned further certifies under the penalties of perjury that this bid is in all respects is bona fide, fair and made without collusion or fraud with any other person or entity. As used in this subsection the word "person" shall mean any natural person, joint venture, partnership, corporation or other business or legal entity.

The undersigned further certifies under penalty of perjury that the said undersigned is not presently debarred from doing public construction work in the Commonwealth of Massachusetts under the provisions of M.G.L. Section 29F of Chapter 29, or any other applicable debarment provisions of any other chapter of the General Laws or any rule or regulation promulgated thereunder.

The undersigned hereby certifies, under penalty of perjury, that the said undersigned has paid all State Taxes (Income Taxes, Unemployment Taxes, Excise Taxes, Real Estate Taxes, etc., etc.)

due in compliance with the Tax Laws of the Commonwealth of Massachusetts M.G.L. Chapter

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62C Sections 47A thru 49A.

The undersigned agrees that this Bid Proposal may not be withdrawn for a period of 150 calendar days from the opening thereof.

In submitting this Bid Proposal, it is understood that the right is reserved by the Owner to waive any informality in, or to reject any or all bids.

Date:

Name of General Bidder:

By:

(Authorized Signature)

(Title)

Business Address of Bidder:

Town/State/Zip: Telephone #:

Note: If the bidder is a corporation, indicate the State of Incorporation under the signature and affix the Corporate seal; if a partnership, give full names and residential address if different from the business address.

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MARTHA’S VINEYARD AIRPORT

GENERAL BID SCHEDULE OF PRICES

BASE BID

ITEM NO. ESTIMATED

QUANTITY

ITEM DESCRIPTION WITH UNIT

BID PRICE

WRITTEN IN WORDS

UNIT PRICE AMOUNT

Dollars Cents Dollars Cents

M-002-1

LS

EQUIPMENT, TOOLS, AND

SUPPLIES (FAA ARFF-Class IV Vehicle) price per Lump Sum of:

dollars and cents.

Total Bid Price Written in Figures:

Total Bid Price Written in Words:

The Owner reserves the right to delete any item of work in whole or in part, in order to meet the available funding.

Amounts are to be shown in both words and figures. In case of Discrepancy, the amount shown in words will govern.

The above unit prices shall include all labor, materials, overhead, profit, insurance, etc., to cover the finished work of the several kinds called for.

This Proposal includes Addenda numbers*** ***To be filled in by Bidder if Addenda are issued

GENERAL BIDDER:

NAME TITLE

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MARTHA’S VINEYARD AIRPORT WEST TISBURY,

MASSACHUSETTS

VOTE OF CORPORATION AUTHORIZING EXECUTION OF CONTRACT

At a meeting of the Board of Directors of duly called and held on 20 , at which a quorum was present and acting throughout, the following vote was duly adopted.

VOTED: That , the of the

Corporation, be and hereby is authorized to affix the corporate Seal, sign the contract and deliver in the name and behalf of the corporation a contract with:

The Martha’s Vineyard Airport Commission West Tisbury, MA

For supplying

( ), and also to seal and executive as bonds above surety company bonds to secure the performance of said contract and payment for labor and materials, all in such form and on such terms and conditions as he/she, by the execution thereof, shall deem proper.

A true copy;

ATTEST:

If the vendor accepts this contract and then fails to supply the commodity as ordered by the Owner, if the Owner decides to legally pursue this non-supply, then the vendor agrees to the jurisdiction of the appropriate court in the state of Massachusetts.

(Affix the corporate seal)

Clerk of the Corporation

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MARTHA’S VINEYARD AIRPORT

WEST TISBURY, MASSACHUSETTS

NON-COLLUSION AND TAX COMPLIANCE FORM

CERTIFICATE OF NON-COLLUSION

The undersigned certifies under penalties of perjury that this bid or proposal has been made and submitted in good faith and without collusion or fraud with any other person. As used in this certification, the word “person” shall mean any natural person, business, partnership, corporation, union, committee, club, or other organization, entity, or group of individuals.

Signature of individual submitting bid

Name of Business / Organization

TAX COMPLIANCE CERTIFICATE

Pursuant to M.G.L. Ch. 62C, sec. 49A, I certify under the penalties of perjury that, to the best of my knowledge and belief, the undersigned organization is in compliance with all laws of the Commonwealth relating to taxes, reporting of employees and contractors, and withholding and remitting child support.

Signature of individual submitting bid

Name of Business / Organization

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INTERNAL REVENUE SERVICE EMPLOYER IDENTIFICATION NUMBER

Name and Title of Signer

Signature Date

Note: The penalty for making false statements in offers is prescribed in 18 U.S.C. 1001.

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FORM OF PROPOSAL GUARANTY (BID BOND)

KNOWN ALL MEN/WOMEN BY THESE PRESENTS, that we, the undersigned, as Principal and as Surety, are hereby held and firmly bound unto the Martha’s Vineyard Airport Commission West Tisbury, Massachusetts, hereinafter called the "Owner" in the sum of dollars ($ ) for payment of which sum, well and truly to be made, we hereby jointly and severally bind ourselves, our heirs, executors, administrators, successors, and assigns.

The condition of the above obligation is such that whereas the Principal has submitted to the Owner a certain Proposal, attached hereto and hereby made a part hereof, to enter into a contract in writing for improvements to Martha’s Vineyard Airport, AIP No. 3-25-0034-46-2019, PROCURE AND DELIVER

EQUIPMENT, TOOLS, AND SUPPLIES (FAA ARFF –CLASS IV VEHICLE)

NOW, THEREFORE,

(a) If said Proposal shall be rejected, or in the alternate,

(b) If said Proposal shall be accepted and the Principal shall execute and deliver a contract in the Form of Contract Agreement attached hereto and shall execute and deliver Performance Bond and Payment Bond in the Forms attached hereto, all properly completed in accordance with said Proposal, Then this obligation shall be void, otherwise the same shall remain in force and effect; it being expressly understood and agreed that the liability of the Surety for any and all default of the Principal hereunder shall be the amount of this obligation as herein stated.

The Surety, for value received stipulates and agrees that the obligation of said Surety and its bond shall be in no way impaired or affected by any extension of the time within which the Board may accept such Proposal; and said Surety does hereby waive notice of any extension.

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IN WITNESS WHEREOF, the above-bound parties have executed this instrument under their several seals this day of , 20 _, the name and corporate seal of each incorporated party being hereto affixed and these presents duly signed by its undersigned representative, pursuant to authority of its governing body.

Principal

By SEAL

Surety

Attest:

By SEAL Attorney-In-Fact

(Accompany this bond with Attorney-In-Fact's authority from the Surety to execute bond, certified to include the date of the bond.)

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BUY AMERICAN PREFERENCE

The contractor agrees to comply with 49 USC § 50101, which provides that Federal funds may not be obligated unless all steel and manufactured goods used in AIP funded projects are produced in the United States, unless the FAA has issued a waiver for the product; the product is listed as an Excepted Article, Material Or Supply in Federal Acquisition Regulation subpart 25.108; or is included in the FAA Nationwide Buy American Waivers Issued list.

A bidder or offeror must complete and submit the Buy America certification included herein with their bid or offer. The Owner will reject as nonresponsive any bid or offer that does not include a completed Certificate of Buy American Compliance.

Certificate of Buy American Compliance for Manufactured Products

As a matter of bid responsiveness, the bidder or offeror must complete, sign, date, and submit this certification statement with their proposal. The bidder or offeror must indicate how they intend to comply with 49 USC § 50101 by selecting one on the following certification statements. These statements are mutually exclusive. Bidder must select one or the other (not both) by inserting a checkmark () or the letter “X”.

Bidder or offeror hereby certifies that it will comply with 49 USC § 50101 by:

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

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

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

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

1. To provide to the Owner evidence that documents the source and origin of the steel and manufactured product.

2. To faithfully comply with providing U.S. domestic product.

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

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

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

1. To the submit to the Owner within 15 calendar days of the bid opening, a formal waiver request and required documentation that supports the type of waiver being requested.

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

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3. To faithfully comply with providing U.S. domestic products at or above the approved U.S. domestic content percentage as approved by the FAA.

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

Required Documentation

Type 3 Waiver - The cost of the item components and subcomponents produced in the United States is more that 60 percent of the cost of all components and subcomponents of the “item”. The required documentation for a Type 3 waiver is:

a) Listing of all product components and subcomponents that are not comprised of 100 percent U.S. domestic content (Excludes products listed on the FAA Nationwide Buy American Waivers Issued listing and products excluded by Federal Acquisition Regulation Subpart 25.108; products of unknown origin must be considered as non-domestic products in their entirety).

b) Cost of non-domestic components and subcomponents, excluding labor costs associated with final assembly at place of manufacture.

Percentage of non-domestic component and subcomponent cost as compared to total “item” component and subcomponent costs, excluding labor costs associated with final assembly at place of manufacture.

Type 4 Waiver – Total cost of project using U.S. domestic source product exceeds the total project cost using non-domestic product by 25 percent. The required documentation for a Type 4 of waiver is:

a) Detailed cost information for total project using U.S. domestic product

b) Detailed cost information for total project using non-domestic product

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

Date Signature

Company Name Title

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STATEMENT OF QUALIFICATIONS

NOTE: This section is to be notarized.

The undersigned submits this Statement of Qualifications to demonstrate to the Owner their experience, ability in, and having all necessary facilities and means to implement and perform the proposed project within all of the requirements as outlined in these plans and specifications.

Information can be typed on a separate document and attached to this section.

1. Please provide a list of all completed and ongoing airport related projects for the past four (4) years. For each of the projects please provide the following (use additional sheets as needed):

a. Name…