MVY Airfield Pavement Marking 2022 - Bid Doc- SPECS.pdf

CONTRACT DOCUMENTS,

PROPOSAL AND SPECIFICATIONS

for

MARTHA’S VINEYARD AIRPORT

COUNTY OF DUKES COUNTY, MASSACHUSETTS

AIRFIELD PAVEMENT MARKING

SEPTEMBER 2022

ASMP No. 2022-MVY-XX

Bid Documents Prepared By:

MJ PROJECT NO. 18893.06

239 Littleton Road, Suite 1A Westford, MA 01886

Phone: (978) 692-0522 Fax: (978) 392-5806 www.mjinc.com

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TABLE OF CONTENTS

Section Description Pages

TOC-1 MJ/18893.06

BIDDING REQUIREMENTS, PROPOSAL AND CONTRACT FORMS

TOC Table of Contents ........................................................................... TOC-1 to TOC-4

I Invitation to Bid .......................................................................................... I-1 to I-4

IB Instructions to Bidders ........................................................................... IB-1 to IB-8

P Bid Proposal

Proposal Cover .................................................................................... P-1 to P-2

Proposal Checklist .............................................................................. P-3 to P-4

Proposal Form ................................................................................... P-5 to P-12

Bidders Qualifications and Certification ........................................ P-13 to P-16

BB Bid Bond ............................................................................................. BB-1 to BB-2

CI Award of Contract and Execution of Contract Bonds ........................... CI-1 to CI-2

C Contract .................................................................................................... C-1 to C-8

PB Performance Bond ............................................................................... PB-1 to PB-6

PYB Payment Bond ................................................................................ PYB-1 to PYB-6

CF Contract Forms

Notice of Award ............................................................................. CF-1 to CF-2

Notice to Proceed ........................................................................... CF-3 to CF-4

Contractor’s Guarantee .................................................................. CF-5 to CF-6

TOC-2 MJ/18893.06

DIVISION 1 – SPECIFICATIONS

Special Provisions

EP Permits ........................................................................................... EP-1 to EP-2

SP-1 Contract Provisions Guidelines for Obligated Sponsors and Airport Improvement Program Projects................................. SP-1-1 to SP-1-22

SGP Supplemental General Provisions ........................................... SGP-1 to SGP-36

SP-2 Forms

MJ-201 US Government and Commonwealth of Massachusetts Bidders’s Certification of Taxes Paid

MJ-213 Contractor Submittal Form

MJ-221 Non-Collusion Form

MassDOT Aeronautics Division Form AD3-M/WBE

SP-3 State Prevailing Wage Rates Wage Rate Schedule (32 Pages) Contractor’s Certified Statement (1 Page) Certified Payroll Form (1 Page)

TOC-3 MJ/18893.06

DIVISION 2 – SPECIFICATIONS

FAA General Provisions

Section 10 Definition of Terms........................................................... FAA-GP-1 to FAA-GP-8

Section 20 Proposal Requirements and Conditions .......................... FAA-GP-9 to FAA-GP-12

Section 30 Award and Execution of Contract ................................. FAA-GP-13 to FAA-GP-14

Section 40 Scope of Work .............................................................. FAA-GP-15 to FAA-GP-18

Section 50 Control of Work ........................................................... FAA-GP-19 to FAA- GP-24

Section 60 Control of Materials ...................................................... FAA-GP-25 to FAA-GP-28

Section 70 Legal Regulations and Responsibility to Public ........... FAA-GP-29 to FAA-GP-34

Section 80 Execution and Progress ................................................. FAA-GP-35 to FAA-GP-40

Section 90 Measurement and Payment ........................................... FAA-GP-41 to FAA-GP-48

TOC-4 MJ/18893.06

DIVISION 3 – SPECIFICATIONS

Technical Specification

Item M-001 Special Work Requirements .................................................. M-001-1 to M-001-15

Item C-105 Mobilization ............................................................................... C-105-1 to C-105-2

Item P-620 Runway and Taxiway Marking ................................................... P-620-1 to P-620-8

MVY IFB 2022-02 I-1 MJ/18893.06

Martha’s Vineyard Airport September 6, 2022

INVITATION TO BID

MJ# 18893.06

Sealed Bid Proposals for the above referenced projects at Martha’s Vineyard Airport will be accepted at the offices of Martha’s Vineyard Airport, 71 Airport Road, West Tisbury, Massachusetts 02575, until 1:00 p.m. prevailing time on Monday, September 26, 2022 at which time, in the conference room, all bid proposals received will be publicly opened and read aloud, either in-person or through an online meeting link. Bid proposals received after this time will not be accepted. The time of receiving and opening bid proposals may be postponed due to emergencies and unforeseen conditions.

Bid Proposals must be submitted in a SEALED envelope, clearly marked with the Schedule and Title, the proposer’s name, the Bidder’s address, and the time and date of the opening of bid proposals as specified above. Bid Proposals submitted by FedEx, UPS, or other parcel delivery service shall have the SEALED envelope containing the Bid Proposal placed inside the shipping carton.

PHYSICAL LOCATION: Martha’s Vineyard Airport, 71 Airport Road, West Tisbury, MA 02575.

MAILING ADDRESS:

(for FedEX/UPS/etc.) (for US Postal Service) Geoffrey Freeman Geoffrey Freeman Airport Director Airport Director 71 Airport Road 71 Airport Road West Tisbury, MA 02575 Vineyard Haven, MA 02568

TYPE OF CONSTRUCTION: The work involves providing all the materials, labor and other incidentals related to performing pavement marking tasks at Martha’s Vineyard Airport (MVY). The work includes: layout and painting of new pavement markings, and pressure washing existing markings.

COMPLETION: The contract time for completion of all work is within 10 calendar days, from the date specified in the “Notice to Proceed”.

It is expected that the Notice to Proceed will be issued in October 2022 and all work must be completed by November 15, 2022.

LIQUIDATED DAMAGES: In the event that construction is not completed within the time specified in the plans, the OWNER may retain the sum of Two Thousand One Hundred Dollars ($2,100.00), unless otherwise specified in the contract documents, for each calendar day thereafter, Sundays and holidays included, that the work remains incomplete, not as a penalty, but as liquidation of a reasonable portion of damages that will be incurred by the Airport by failure of the Contractor to complete the work within the time specified.

PROPOSAL SURETY: All Bid Proposals must be accompanied by a Proposal Surety (Bid Bond or other instrument as described in the Instructions to Bidders).

MVY IFB 2022-02 I-2 MJ/18893.06

Proposal Surety of the two (2) lowest responsible Bidders that have submitted bid proposals that comply with all the provisions required to render them formal will be retained until the Contract and Bonds have been signed by all parties. Proposal Surety of all other bidders will be returned or released as soon as it is practical.

COST OF PLANS: Specifications and Proposal Forms are in Portable Document Format (PDF) and may be downloaded for free as outlined below.

Paper copies of Specifications and Proposal Forms may be obtained by contacting your local printing company and requesting them to download the items from the McFarland Johnson Bid Portal as outlined below.

SPECIFICATIONS AND PROPOSAL FORMS MAY BE SEEN AND OBTAINED FROM:

Proposal Documents may be VIEWED at: McFarland Johnson, Inc.

239 Littleton Road, Suite 1A Westford, MA 01886

(978) 692-0522

Martha’s Vineyard Airport Airport Director 71 Airport Road West Tisbury, MA 02575

(508) 639 7022 x203

Copies of the Contract Documents including Specifications, Proposal Forms, and addendums (if issued) will be available for examination and downloading beginning on Tuesday, September 6, 2022 at the following website: https://mvyairport.com/request-for-bids/

Under the Project Name: “MVY Airfield Pavement Marking”

Addendums and other additional or revised Contract Documents will be available on the website ONLY and it is the Bidder’s sole responsibility to check the website for additions or revisions up to the day prior to the due date for Bid Proposals listed above. Addendums and other additional or revised Contract Documents will not be transmitted directly to Bidders or Bid Proposal Document Holders.

QUESTIONS AND CONTACT WITH THE OWNER: From the time of advertising until the actual bid opening for this Contract, all prospective Bidders, Contractors, Subcontractors, and Suppliers shall direct all inquiries related to this project solely to: Amanda Sheridan, Project Engineer, McFarland Johnson, at asheridan@mjinc.com. The deadline for submitting inquiries related to this project is September 16, 2022 at 12:00 pm EDT.

BIDDING PROCEDURES: The Bidding Procedures as outlined in the Instructions to Bidders.

MINIMUM LABOR RATES: All work under this project must comply with Commonwealth of Massachusetts Minimum Wage Rates as included in the Contract Documents.

MVY IFB 2022-02 I-3 MJ/18893.06

CONTRACT BONDS: A successful Bidder entering into a contract for any portion of the work included in a proposal shall provide the Owner sufficient surety in the form of 100% Performance and Payment Bonds as outlined in the Supplemental General Provisions.

NONDISCRIMINATION IN CONTRACTS: The Owner will not discriminate against any Proposer because of race, color, religion, sex, or national origin.

PRE-BID CONFERENCE: A Pre-Bid Conference will be held virtually via Zoom at the following link: LINK TO BE PROVIDED on Wednesday, September 14, 2022 at 11:00 a.m. Please notify Amanda Sheridan at asheridan@mjinc.com at least one day prior to the meeting if you plan to attend.

FEDERAL CONTRACT PROVISIONS: In this bid process and the resulting Contract, all Contractors must fully comply with the Contact Provision Guidelines for Obligated Sponsor and Airport Improvement Program Projects contained within the Contract Documents, even though Federal Aviation Administration (FAA) Airport Improvement Program (AIP) or other federal funds will not be used.

TITLE VI SOLICITATION NOTICE: The Airports, 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 proposers that it will affirmatively ensure that any contract entered into pursuant to this advertisement, disadvantaged business enterprises and airport concession 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.

BID VALID PERIOD: Although it is the intent to award the Agreement in a timely manner, no bids may be withdrawn by the Bidder prior to October 31, 2022.

PROPOSAL FORMS: The proposal section includes a Proposal Checklist. If all the forms and documents listed in the Proposal Checklist for inclusion in the Proposal are not included with your Proposal and correctly executed, the Proposal may be considered non-responsive.

The right is reserved to reject any or all proposals, to waive any formality and any and all technicalities in proposals and to accept such proposals as may be deemed in the best interest of the awarding agency.

Sincerely, Geoffrey R. Freeman Airport Director Martha’s Vineyard Airport

MVY IFB 2022-02 I-4 MJ/18893.06

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INSTRUCTIONS TO BIDDERS

IB-1 MJ/18893.06

1. GENERAL:

This work is to be financed by the Martha’s Vineyard Airport Commission. Award of Contract is subject to the approval of the Martha’s Vineyard Airport Commission.

2. GENERAL PROPOSAL SURETY REQUIREMENT(S):

The Proposal Surety shall be as specified in the Invitation to Bid and as further described in the Supplemental General Provisions, Section SGP.

3. INSURANCE REQUIREMENTS:

Insurance Requirements shall be as specified in Supplemental General Provisions in Section SGP, herein.

4. EXAMINATION OF CONDITIONS AFFECTING WORK:

A. Prior to submitting a Proposal, each bidder shall examine and thoroughly familiarize himself with all existing conditions, including all applicable laws, codes, ordinances, rules, and regulations that will affect his work. Bidders shall visit the site, examine the grounds and all existing buildings, utilities, and roads, and shall ascertain all conditions that will in any manner affect work. Bidders shall ask the Engineer, in writing, for any additional information deemed necessary for them to be fully informed as to exactly what is to be expected prior to submitting a Proposal.

Each bidder may request to shedule a site visit by emailing the Airport Director, Geoff Freeman at GFreeman@mvyairport.com.

B. When boring data and/or subsurface utility data is/are provided in the Contract Documents, neither its accuracy nor its completeness is guaranteed; the Contractor shall assume the responsibility for any conclusions they may draw from such data.

They may employ their own consultants to obtain information and analyze available information and shall be responsible for any conclusions drawn from that information.

5. INTERPRETATIONS:

Each Bidder shall carefully examine the Contract Documents and all Addenda or other revisions and thoroughly familiarize themselves with the detailed requirements prior to submitting a Proposal. Should a Bidder find discrepancies or ambiguities in, or omission from, the Contract Documents, or should they be in doubt as to their meaning, the Bidder shall at once, and in any event, not later than four (4) calendar days prior to submission of Proposal, notify the Engineer in writing who will send written Addenda to all Bidders where necessary. Bidders shall not be entitled to rely upon any oral instructions or interpretations by the Engineer. All Addenda sent to Bidders will become a part of the Contract Documents.

All inquiries regarding the Bid Documents shall be directed as specified in the Invitation to Bid.

IB-2 MJ/18893.06

6. SUBSTITUTIONS:

A. The materials, products, and equipment described in the Contract Documents establish a standard of required function, dimension, appearance, and quality to be met by any proposed substitutions.

B. No substitutions will be considered prior to submission of Proposal unless written request for approval has been submitted in the proper format not less than seven (7) days prior to the submission of Proposal. The burden of proof of the merit of the proposed substitution is upon the Bidder. The Engineer's final decision of Approval or Disapproval of a proposed substitution is final.

C. In making requests for substitutions, the Bidder shall list the particular system, product, or material he wishes to substitute, and the justification for such a request.

Requests submitted shall include any and all adjustments of that and any other work affected thereby.

D. If the Engineer approves any proposed substitution prior to the submission of Proposal, such approval will be set forth in an Addenda. Bidders shall not rely on approvals made in any other manner.

E. No substitutions will be considered after the submission of Proposal except as specifically provided for in the Contract Documents.

7. ADDENDA:

Addenda (if issued) will be available for examination and downloading as specified in the Invitation to Bid.

Addenda will be posted no later than twenty-four (24) hours prior to the time of bid opening. Bidders must return delivery receipts for Addenda, if requested by the Engineer, and must acknowledge the receipt of Addenda on the Bid Proposal Form in the spaces provided.

8. CONTRACT DOCUMENTS:

A. Complete sets of the Contract Documents can be obtained from the issuing office designated in the "Invitation to Bid" for the sum stated therein.

B. Bidders are expected to use complete sets of Contract Documents in preparing bid Proposals; neither the Owner, nor the Engineer, assume any responsibility for errors or misinterpretations resulting from the use of incomplete sets of Contract Documents.

9. ISSUANCE OF PROPOSAL FORMS:

The Owner reserves the right to refuse to issue a Bid Package and Proposal Form to a prospective Bidder, should such Bidder be determined by the Owner to be non-responsible.

IB-3 MJ/18893.06

Among the criteria which the Owner may use in making such determination are the following:

A. Failure to comply with any pre-qualification requirements of the Owner, including failure to supply such information as the Owner may require in evaluating the qualifications of the Bidders or failure to supply the Owner with such documents or information as the Owner may request to assist the Owner in evaluating the responsibility and qualifications of prospective Bidders.

B. Past performance of the Bidder or any affiliated or related entity.

C. Failure of the Bidder or any affiliated or related entity to pay or satisfactorily settle all bills for labor and material on any former contract with the Owner.

D. The outstanding obligations of the Bidder, whether previously assumed or to be assumed in the future.

E. Unsatisfactory, defective, or non-conforming work on any previous contract with the Owner by the Bidder or any affiliated or related entity.

F. The present relationship between the Owner and the Bidder (or any affiliated or related entity) including the existence of any unresolved disputes arising out of past projects.

The issuance of a Bid Package and Proposal Form to a particular Bidder shall not prevent or preclude the Owner from determining at a later date that a particular Bidder or entity is non-responsible or otherwise not qualified. The Owner at all times reserves the right to refrain from issuing a Bid Package or awarding this Contract to a non-responsible entity or to any affiliated or related entity, or such Owner, as well as any successor, assignee, transferee, or majority interest holder of any non-responsible entity.

10. BIDDER'S QUALIFICATIONS:

The Owner reserves the right to investigate and determine the responsibility and qualifications of the Bidders before and after Bid Proposals are received. The Owner shall not award Contract to any Bidder determined by Owner to be non-responsible.

Among the criteria which Owner may use in making such determination are the following:

A. Failure to comply with any qualification requirements of the Owner, including failure to supply such accurate information as the Owner may require in evaluating the qualifications of Bidders or failure to supply the Owner with such documents or information as the Owner may request to assist the Owner in evaluating the responsibility and qualifications of prospective Bidders.

B. Past performance of the Bidder, one or more of the listed Subcontractors, or any affiliated or related entity.

C. Failure of Bidders or any affiliated or related entity to pay or satisfactorily settle all bills for labor and materials on any former contract with the Owner.

IB-4 MJ/18893.06

D. The outstanding obligations of the Bidder, whether previously assumed or to be assumed in the future.

E. Unsatisfactory, defective, or non-conforming work on any previous contract with the Owner by the Bidder, one or more of the listed subcontractors, or any affiliated or related entity.

F. The present relationship between the Owner and the Bidder (or any affiliated or related entity), including the existence of any unresolved disputes arising out of past projects.

G. The financial condition of the Bidder.

H. Experience of the Bidder and/or his listed Subcontractors in performing work of this nature.

11. PREPARATION AND SUBMISSION OF PROPOSAL:

A. Sealed Proposals for the construction of the Project generally described will be received until the time and date stated in the “Invitation to Bid”.

B. The Proposal shall be on the “Proposal Form” provided; no other form is acceptable.

C. Due to the allocation of funds, successful Bidders will be required to provide verified breakdown of costs of work in a manner acceptable to the Engineer and Owner.

D. Each Bidder shall present their Bid Proposal in a sealed opaque envelope. The outside of the envelope shall be labeled as described within the “Invitation to Bid”. The envelope shall contain the signed original (as applicable by document) of all items listed on the “Proposal Checklist”.

E. The Bidder must submit their Bid Proposal on the forms furnished by the Owner. All blank spaces in the Proposal forms must be correctly filled in where indicated, and the Bidder must state the price(s) (written in ink) both in words and numerals. The words, unless obviously incorrect, will govern.

F. Bid Proposals shall be submitted as indicated in the “Proposal Form” and shall be signed in ink by an official of the firm submitting the Bid Proposal.

G. Erasures, or other changes, in a Bid Proposal shall be explained or noted over the signature of the Bidder.

H. Bid Proposals containing reservations, conditions, omissions, unexplained erasures or alterations, items not required in the bid, or irregularities of any kind may be rejected by the Owner.

I. Each Bid Proposal shall indicate the full business name and address of the Bidder and shall be signed by the authorized signator with their usual signature.

IB-5 MJ/18893.06

J. A Bid Proposal submitted by a partnership shall list the names of all partners and shall be signed in the partnership name by one of the members of the partnership.

K. A Bid Proposal submitted by a corporation shall be executed in the legal name of the corporation and signed by the President or Vice President. The name or each person signing the Bid Proposal shall be typed or printed below the signature.

L. When requested by the Owner, a Power of Attorney or other satisfactory evidence of the authority of the officer signing in behalf of the corporation shall be furnished for the Owner's records.

M. The Bid Proposal must be accompanied by Proposal Surety as described above under ”General Proposal Surety Requirement(s)”. If a Bidder withdraws its Proposal within the period specified in the Invitation to Bid for the bids to remain valid, or if a Bidder is awarded the Contract but fails, refuses, or neglects to execute the Contract or to furnish acceptable Insurance Documents and the required Certificates of Insurance, Payment and Performance Bonds within five (5) business days after receipt of written Notice of Award, then the amount of this Proposal Surety shall be paid to, or retained by, the Owner as liquidated damages.

N. When sent by mail, the sealed Proposal marked as indicated in the “Invitation to Bid” shall be enclosed in an additional envelope and sent by Federal Express, UPS, or registered mail with return receipt requested. No Proposal will be considered unless received on or before the time and at the place designated in the “Invitation to Bid”.

The Owner will in no way be responsible for delays caused by the U.S. Postal Service or any other deliverer of the Proposal, or for delay caused by any other occurrence.

O. The Bidder must supply all information list on the “Proposal Checklist”.

P. The general contractor for this project shall perform at least twenty-five percent (25%) or more of the work with their own forces.

12. MODIFICATIONS AND/OR WITHDRAWAL OF PROPOSALS:

A. A Bidder may withdraw or refuse (by withdrawal of one Bid Proposal and submission of another Bid Proposal), provided that Bidder's Request for Withdrawal is received by the Owner in writing before the time specified for opening Bid Proposals. Revised Bid Proposals must be received at the place specified in the advertisement before the time specified for opening all Bid Proposals. Modifications shall not reveal original amount of bids. Proposal Bonds must reflect modifications.

B. Negligence on the part of the Bidder in the preparation of the Bid Proposal shall not be grounds for modification or withdrawal of the Bid Proposal after the time set for Bid Proposal opening.

IB-6 MJ/18893.06

13. REJECTION OF BID PROPOSALS:

A. Bid Proposals containing any omission, alteration of form, additions or conditions not called for, conditional or alternate bids unless called for, incomplete bids, or Bid Proposals otherwise regular which are not accompanied by the appropriate Proposal Surety will be considered irregular and may be rejected.

B. The Owner reserves the right to reject any or all Bid Proposals, to waive any formalities, technicalities, or irregularities therein, to award or refrain from awarding a contract for work, and to readvertise for Bid Proposals.

C. Proposals may be considered irregular for the following reasons:

(1) If the Bid Proposal is on a form other than that furnished by the Owner, or if the Owner's form is altered, or if any part of the Proposal Form is detached.

(2) If there are unauthorized additions, conditional or alternative pay items, or irregularities of any kind which made the Bid Proposal incomplete, indefinite, or otherwise ambiguous.

(3) If the Bid Proposal does not contain a unit price for each pay item listed in the Bid Proposal, except in the case of authorized alternate pay items, for which the Bidder is not required to furnish a unit price.

(4) If the Bid Proposal contains unit prices that are obviously unbalanced.

(5) If the Bid Proposal is not accompanied by the Proposal Surety, as specified by the

Owner.

(6) If Bidder's qualifications are not submitted as required.

14. ESTIMATED QUANTITIES AND BID FORM:

Estimated quantities for unit price items are being given as a basis for the uniform comparison of Bids. The Owner does not expressly nor by implication agree that the actual amount of work will correspond therewith.

The Owner reserves the right, as a condition for awarding the Contract, to increase, diminish or delete 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, which follows, 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.

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15. REGISTERED TO DO BUSINESS IN THE COMMONWEALTH OF

MASSACHUSETTS:

All Bidders shall be registered to do business within the Commonwealth of Massachusetts.

Registration can be obtained through the Commonwealth of Massachusetts, Department of Revenue office (800) 392-6089 or https://mtc.dor.state.ma.us/mtc/_/#1.

The two (2) lowest Bidders shall provide proof of registration within seventy-two (72) hours of the Bid Opening.

16. NON-DISCRIMINATION AND SEGREGATED FACILITIES:

Federal Non-Discrimination and segregated regulations are not applicable to this Contract.

However, Bidders are encouraged to comply with the provisions of these regulations.

17. EQUAL EMPLOYMENT OPPORTUNITY (EEO) AND AFFIRMATIVE ACTION:

Although not required since not federally funded, Bidders and Contractors are encouraged to comply with the provisions of the Equal Employment Opportunity and Affirmative Action regulations.

18. COMPLIANCE WITH LAW:

Bidders must comply with all applicable rules, laws and regulations as outlined in the Federal Contract Provision Guidelines for Obligated Sponsors and Airport Improvement Program Projects in Section SP-1 of these Specifications and as modified by the Supplemental General Provisions of these Specifications.

The Contractor covenants and agrees that they and their agents and employees will comply with all municipal, state and federal laws, applicable national and local codes, and Martha’s Vineyard Airport Commission rules and regulations applicable to the work to be conducted under this Agreement.

This project shall meet that the Uniform Procurement Act, M.G.L. c. 30B (Chapter 30B).

19. OCCUPATIONAL SAFETY AND HEALTH ADMINISTRATION (OSHA):

Bidder certifies that all material, equipment, etc., contained in their bid Proposal meets all OSHA requirements. Also, all employees performing work shall have received the 10-Hour OSHA training and have certification cards for the training.

20. DEBARMENT AND SUSPENSION:

Federal Debarment and Suspension regulations are not applicable to this Contract.

21. FOREIGN TRADE RESTRICTIONS:

Federal Trade Restriction regulations are not applicable to this Contract.

IB-8 MJ/18893.06

22. DISADVANTAGE BUSINESS ENTERPRISE, SMALL BUSINESS, AND

MINORITY OR WOMEN OWNED BUSINESS ENTERPRISE PARTICIPATION:

Federal Disadvantaged Business Enterprise and Small Business Participation are not applicable to this Contract.

A participation goal of 3.71% for Women or Minority owned Business Enterprises is set for this project. If a bidder cannot meet or exceed this goal, they must show a good faith effort to include a minority or women owned business enterprise.

23. DAVIS-BACON ACT/MASSACHUSETTS PREVAILING WAGE:

The Davis-Bacon Act and regulations are not applicable to this Contract.

However, Bidders and Contractors must comply with the provisions of the Commonwealth of Massachusetts Prevailing Wage Act and regulations as described in the Sections SGP, SP- 4, and GP of the Contract Documents.

By submitting a Bid for this project, the Bidder certifies that the Bid is based on the payment of Commonwealth Prevailing Wages.

24. BUY AMERICAN PREFERENCES:

Federal Buy American Preferences are not applicable to this Contract.

END OF SECTION IB

P-1 MJ/18893.06

PROPOSAL DOCUMENTS

for

DUKES COUNTY, MASSACHUSETTS

PREPARED FOR:

Martha’s Vineyard Airport Commission

County of Dukes County, Massachusetts

PREPARED BY:

April, 2013

September 2022

239 Littleton Road, Suite 1A

Westford, MA 01886

Phone: (978) 692-0522

Fax: (978) 392-5806

P-2 MJ/18893.06

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P-3 MJ/18893.06

PROPOSAL CHECKLIST

The following material must be submitted by all bidders:

1. The envelope as described in the Instructions to Bidders shall contain the signed original

(as applicable by document) of:

Proposal Form (Pages P-5 through P-12)

Bid Proposer’s Qualifications Information (Pages P-13 through P-16)

Proposal Surety as Specified in the Instructions to Bidders

Surety's Bond Affidavit / Attorney-in-Fact Certification

US Government and Commonwealth of Massachusetts Certification of Taxes

Paid – Form MJ-201

Non-Collusion Form – Form MJ-221

Notice of Intent Minority or Women Owned Business Enterprises

2. Within seventy-two (72) hours of Bid Opening, the two (2) lowest bidders must submit:

Proof of Registration with the Secretary of the Commonwealth of

Massachusetts.

Schedule of Participation of Minority or Women Owned Business Enterprises

P-4 MJ/18893.06

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P-5 MJ/18893.06

PROPOSAL FORM

DUKES COUNTY, MASSACHUSETTS

Date:

To: Martha’s Vineyard Airport Commission

The undersigned (hereinafter called the Contractor) proposes to furnish all labor, equipment and materials required for “Airfield Pavement Marking” in accordance with the accompanying

Contract Documents as defined in the Supplemental General Provisions and prepared by

McFarland Johnson, Inc., of Westford, Massachusetts, for the amounts listed below, subject to additions and deductions in accordance with the terms of the Specifications. It being understood that the Owner will be the sole judge as to acceptance of Bid Proposals and Award of the

Contract. The Bidder agrees to complete work under this Contract within the duration of time specified in the Invitation to Bid.

B. This Bid includes addenda:

Number Date

C. Bidders agree to perform all of the work described in the Contract Documents and tabulated below for the following unit and lump sum prices.

It is understood that the estimated quantities and items of work given in this Proposal Form are only a basis for comparison of Bid Proposals. The Owner does not expressly or by implication agree that the actual amount of work will even approximately correspond herewith, but reserves the right to increase or decrease the amount of any item of the work listed, and the unit prices quoted in the Bid Proposal shall apply without change to such variation in the quantity of each of the items, except as further clarified herein. The Owner further reserves the right to delete any work item in whole or in part, in order to meet the available funding.

P-6 MJ/18893.06

AIRFIELD PAVEMENT MARKING AND RUBBER REMOVAL

ITEM NO.

ESTIMATED

QUANTITY

ITEM DESCRIPTION WITH UNIT

BID PRICE WRITTEN IN WORDS

UNIT PRICE AMOUNT

Dollars Cents Dollars Cents

C-105

LS

Mobilization for the unit price per

Lump Sum of:

dollars and cents.

P-101-5.1A 115,100

SF

Surface Preparation for the unit price per Square Foot of:

P-620-5.2B 115,100

SF

Pavement Markings – Type III for the unit price per Square Foot of:

P-620-5.3C 5,600

LB

Reflective Media – Type I Gradation A for the unit price per Pound of:

P-7 MJ/18893.06

BID SUMMARY SHEET

TOTAL BID:

(words) and cents ($ ).

(figures)

P-8 MJ/18893.06

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.

Bidder understands that the Owner reserves the right to reject any or all Bid Proposals and to waive any informalities in the Bidding Process. The Bidder agrees that this Bid Proposal shall be good and may not be withdrawn for the period as specified in the Invitation to Bid.

The undersigned further certifies under the penalties of perjury that this Bid is in all respects bona fide, fair and made without collusion or fraud with any other person. 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 agrees that, if they are selected as the Contractor, they will, within fifteen (15) calendar days, after presentation thereof by the Owner, unless otherwise directed in writing by the

Owner, execute a Contract in accordance with the terms of this General Bid Proposal and furnish a

Performance Bond for 100% of the Contract Price and Payment Bond for 100% of the Contract

Price, each of a Surety company meeting the requirements contained in the Contract Documents and satisfactory to the Owner, the premiums of which are to be paid by the Contractor and are included in the Contract amount.

Bidder proposes to provide all labor and materials to complete the work, as specified in the

Contract Documents, and as is reasonably expected due to the existing conditions and required construction.

The undersigned hereby certifies that they are able to furnish labor that can work in harmony with all other elements of labor employed, or to be employed on the work, and that they will comply fully with all laws and regulations applicable to award of this contract.

The undersigned agrees to guarantee all of the work performed under this Contract to be done in accordance with the Contract Documents in a good and workmanlike manner and to renew or repair any work which may be rejected, due to defective materials or workmanship, prior to final completion and acceptance of the work.

The Bid Security attached in the sum of $ is to become the property of the Owner, in the event the Contract and Bond are not executed within the time above set forth, as liquidated damages for the delay and additional expense to the Owner causes thereby.

P-9 MJ/18893.06

Company Name

Address

Name of Authorized Signature

Signature

Title

Date

(SEAL - if Bid is by a corporation)

P-10 MJ/18893.06

CERTIFICATE AS TO CORPORATE PRINCIPAL

FOR PROPOSAL

(IF A CORPORATION)

State of _____________________________________)

County of ______________________________________)

On this ______________________________ day of ______________________, 2022 before me personally came ________________________________________________ to me known, who being by me duly sworn, did depose and say as follows:

That they reside at ____________________________________________________ and are the ________________________________________________________________ of ______________________________________________________________________ the corporation described in and which executed the foregoing instrument; that they know the corporate seal of said corporation; that the seal affixed to the foregoing instrument is such corporate seal and it was so affixed by order to the Board of Directors of said corporation; and that by the like order they signed thereto their name and official designation.

Notary Public (Seal)

My Commission expires: _______________________________________

P-11 MJ/18893.06

PARTNERSHIP CERTIFICATE

(IF A PARTNERSHIP)

before me personally appeared ___________________________________________ known to me and known by me to be the person who executed the above instrument, who, being by me first duly sworn, did depose and say that they are a general partner in the firm of and that said firm consists of themself and _______________________________________

__________________________________, and that they executed the foregoing instrument on behalf of said firm for the uses and purposes stated herein.

My commission expires:

P-12 MJ/18893.06

INDIVIDUAL CERTIFICATE

(IF AN INDIVIDUAL)

before me personally appeared ___________________________________________ known to me and known by me to be the person who executed the above instrument, who, being by me first duly sworn, did depose and say that they are the owner of the firm ___________________________________________________________________;

and that they executed the foregoing instrument on behalf of said firm for the uses and purposes stated herein.

My commission expires:

P-13 MJ/18893.06

BID PROPOSER’S QUALIFICATIONS AND CERTIFICATION

NOTE: This section is to be notarized.

The undersigned submits answers to the following questions to enable the Owner to judge his or her experience and ability in, and facilities for, the work proposed to be done.

1. The work, if awarded to you, will have the resident personal supervision of whom?

State their special qualifications.

2. Describe equipment you propose to use. State whether you own or rent it.

(Insert additional sheets as necessary.)

3. How many years has your organization been in business as a Contractor under the name in which you propose to execute this Contract?

P-14 MJ/18893.06

4. What projects has your present organization completed of character similar to that proposed? Give the information indicated by the following tabulation:

Name and Work done as Description of Work, including address of Contractor or Approximate Amount of Contract

Owner for Subcontractor: and

Whom Work Dates Work Completed:

Was Done:

(Insert Additional Sheets as Necessary)

P-15 MJ/18893.06

5. Has your present organization ever failed to complete any work awarded to it? If so, state when, where and why.

6. Give below, the name of one or more banks which have information that would enable them to advise regarding the financial ability of your company.

Name of Bank: Address: Telephone No.

7. The names and residences of all persons and parties interested in this proposal as principals are as follows:

NOTE: In case of a corporation, give names of officers and directors; in case of a partnership, give names of all partners.

P-16 MJ/18893.06

Dated at ________________________________________ this day of __________________________________, 2022.

Name of Bidder: ______________________

By: ________________________________

Title: _______________________________

State of ___________________________ ss.

County of __________________________

Being duly sworn, deposes and says that he/she is

(Title) of _________________________________ and that the answers to the

(name of organization) foregoing questions and statements contained therein are true and correct.

Sworn to before me this _________________________ day of

____________________________2022.

My commission expires: __________________________________________

Notary Public

BB-1 MJ/18893.06

BID BOND

(Not to be filled in if a Cashier's Check is submitted)

KNOW ALL MEN BY THESE PRESENTS That the undersigned Bidder, , as Principal, and , as Surety, are held and firmly bound unto the OWNER, in the sum of dollars ($ ) for the payment of which, well and truly to be made, we hereby jointly and severally bind ourselves, our heirs, executors, administrators, successors, and assigns.

THE CONDITION OF THIS OBLIGATION is such that if Principal:

1. Does not withdraw the attached Proposal of dollars ($ ) for:

Airfield Pavement Marking

Before October 31, 2023; and

2. Enters into the written Contract and furnishes the required Certificates of Insurance, Payment and Performance Bonds, with Surety or Sureties acceptable to the OWNER, within Fifteen (15) days after Notice that the said Proposal is accepted, then this obligation shall be void; otherwise the same shall be in full force and the full amount of this Proposal.

Bond shall be paid to the OWNER as stipulated herein as liquidated damages.

Signed this day of , 2022.

(PRINCIPAL MUST INDICATE

WHETHER CORPORATION, PARTNERSHIP

COMPANY, OR INDIVIDUAL)

Principal

THE PERSON SIGNING FOR THE

PRINCIPAL SHALL, IN THEIR OWN

HANDWRITING, SIGN THE PRINCIPAL'S

NAME, THEIR OWN NAME, AND THEIR

TITLE. WHERE THE PERSON SIGNING FOR

CORPORATION IS OTHER THAN THE

PRESIDENT OR VICE PRESIDENT, THEY

MUST FURNISH A CORPORATE RESOLUTION

SHOWING THEIR AUTHORITY TO BIND THE

CORPORATION.

(Affix Surety's Corporate Seal)

BB-2 MJ/18893.06

SURETY'S BOND AFFIDAVIT

STATE OF )

SS

COUNTY OF )

BEFORE ME, THE UNDERSIGNED AUTHORITY, PERSONALLY APPEARED

WHO, BEING DULY SWORN, DEPOSES AND

SAYS THAT THE UNDERSIGNED IS A DULY AUTHORIZED (RESIDENT) (NON-

RESIDENT) INSURANCE AGENT, PROPERLY LICENSED UNDER THE LAWS OF THE

COMMONWEALTH OF , OF

, A COMPANY AUTHORIZED TO MAKE CORPORATE SURETY BONDS UNDER

THE LAWS OF THE COMMONWEALTH OF MASSACHUSETTS

SAID FURTHER CERTIFIES THAT AS

ATTORNEY-IN-FACT FOR THE SAID,

THEY HAVE SIGNED THE ATTACHED BOND IN THE SUM OF

DOLLARS (U.S. $ ) ON BEHALF OF

FOR OWNER COVERING PROJECT:

Airfield Pavement Marking

COUNTERSIGNED:

MASSACHUSETTS RESIDENT AGENT AGENT AND ATTORNEY-IN-FACT

ACKNOWLEDGEMENT FOR ATTORNEY-IN-FACT

SWORN TO AND SUBSCRIBED BEFORE ME THIS

DAY OF , 20 .

NOTARY PUBLIC,

MY COMMISSION EXPIRES:

AWARD OF CONTRACT AND EXECUTION OF CONTRACT BONDS

CI-1 MJ/18893.06

1. Consideration of Proposals and Award of Contract The award of the Contract, if it is awarded, will be to the lowest responsive and responsible Bidder whose qualifications indicate the award will be in the best interest of the Owner and whose Bid Proposal complies with all the prescribed requirements. No award will be made until the Owner has concluded such investigations as it deems necessary to establish the responsibility, qualifications, and financial ability of the Bidders to do the work in accordance with the Contract Documents to the satisfaction of the Owner within the time prescribed. The Owner reserves the right to reject the Bid Proposal of any Bidder who does not pass such investigation to the Owner's satisfaction. If the Contract is awarded, the Owner will give the successful Bidder written notice of the award by the Bid Valid Period Date specified in the Invitation to Bid. Until the final award of the Contract, the Owner reserves the right to reject any or all Bid Proposals, or to proceed to do the work otherwise when the best interests of the Owner will be promoted thereby.

2. Return of Proposal Surety As soon as the Proposals have been compared, the Owner may, at its discretion, return the Bid Proposal Surety accompanying those Bid Proposals which, in its judgment, would not be considered in making the award. When award is made, the successful Bidder's Proposal Surety and that of the next low Bidder will be retained until the Contract has been executed and acceptable Contract Surety received, after which it will be returned to the Bidders. Should the award be delayed beyond the Bid Valid Period Date specified in the Invitation to Bid, all Bidder's Proposal Surety will be returned, unless such delay is from causes beyond the control of the Owner. See the Supplemental General Provisions, Item 18 for additional information on Proposal and Contract Surety.

3. Requirements of Contract Surety Contract Surety shall include a good and sufficient Performance Bond and labor and material Payment Bond, each in the sum of one-hundred percent (100%) of the awarded Contract amount, along with appropriate Power of Attorney. Contract Surety shall be delivered to the within fifteen

(15) calendar days from the date of Notice of Award, simultaneously with Contractor's execution of the Contract. See the Supplemental General Provisions for additional information on Proposal and Contract Surety.

4. Execution of Contract The successful Bidder shall sign (execute) the Contract and associated documents and return them to the Owner, along with the fully executed Contract Surety and required insurance certificates, if applicable, within fifteen (15) calendar days from the date on the Notice of Award by the Owner. If the Contract is mailed, special handling is recommended.

5. Approval of Contract Upon receipt of acceptable insurance certificates, Contract, Contract Surety, and associated documentation that have been executed by the successful Bidder, the Owner shall complete the execution of the Contract in accordance with local laws or ordinances and return the fully executed Contract documents to the Contractor. The Contract is not binding upon the Owner until it has been executed by the Owner and delivered to the Contractor.

AWARD OF CONTRACT AND EXECUTION OF CONTRACT BONDS

CI-2 MJ/18893.06

6. Failure to Execute Contract Failure of the successful Bidder to execute the Contract and furnish acceptable insurance certificates, Contract Surety and other required Contract documents within the fifteen (15) calendar day period after receiving Notice of Award shall be just cause for cancellation of the award and forfeiture of the Proposal Surety, not as a penalty, but as liquidation of damages to the Owner. Award may then be made to the next best qualified Bidder, or the work re-advertised, or handled as the Owner may elect.

7. Maintenance Bond The Bidder to whom the Contract is awarded must deposit with the Owner, at the date of substantial completion of the Contract, a Maintenance Surety Bond as described in the Supplemental General Provisions.

END OF AWARD OF CONTRACT AND EXECUTION OF CONTRACT BONDS

CONTRACT

C-1 MJ/18893.06

This Contract, made and entered into this day of , 2022, by and between _____________________________________, hereinafter referred to as the CONTRACTOR, and the:

MARTHA’S VINEYARD AIRPORT COMMISION, hereinafter referred to as the OWNER.

WITNESSETH:

That the CONTRACTOR, for the consideration hereinafter fully set out hereby agrees with the OWNER as follows:

1. That the CONTRACTOR shall provide the materials and labor specified and perform, in a first-class manner, all work in connection with, Airfield Pavement Marking in the manner and form as provided by the following Contract Documents, which are incorporated by reference and made part hereof, as if fully contained herein: Contract Documents, including Bidding Documents and Specifications entitled: Airfield Pavement Marking.

Contract to include:

Airfield Pavement Marking

Addendum No. to Addendum No. inclusive.

2. The CONTRACTOR shall commence this Contract on the date set by the OWNER in a written Notice to Proceed. The contract time for completion of all work is within 10 calendar days, from the date specified in the “Notice to Proceed”. All work must be completed by November 15, 2022.

The Notice to Proceed shall be issued after the CONTRACTOR has provided all necessary and required Contract information, contract bonds, and insurance documentation for the Contract.

3. The OWNER hereby agrees to pay to the CONTRACTOR for the said work the sum as outlined within the Contract under the Contract at the time and manner set forth in the Contract Documents.

4. As part of the Contract, the CONTRACTOR further understands and agrees to the following additional condition

a. This Contract shall be deemed executory only to the extent that monies are appropriated and available for the purpose of the Contract, and no liability on account thereof shall be incurred by the OWNER beyond the amount of such monies. It is understood that neither this Contract nor any representation by any public employee or officer creates any legal or moral obligation to request, appropriate, or make available monies for the purpose of the contract.

5. Payment to the CONTRACTOR by the OWNER shall be made at the unit prices and lump

C-2 MJ/18893.06

as provided in the Specifications upon presentation of the proper certificates to the OWNER, and upon terms set forth in the Contract Documents. It is understood that the amount to be paid to the CONTRACTOR shall be totally based on the said unit prices and lump sums contained in said Bid Proposal and made a part of this Contract for the work actually done rather than the estimated sum hereinabove specified which is based upon estimated quantities.

6. The CONTRACTOR or Subcontractor shall not discriminate on the basis of race, color, national origin, or sex in the performance of this contract. The CONTRACTOR shall carry out any applicable requirements of the Federal Aviation Administration (FAA) in the award. Failure by the CONTRACTOR to carry out these requirements is a material breach of this contract, which may result in the termination of this contract or such other remedy as the recipient deems appropriate.

7. The CONTRACTOR agrees to pay each Subcontractor under this Contract for…