ntb2513whrtn00024.pdf

CONTRACT DOCUMENTS AND

SPECIFICATIONS FOR AIRPORT

IMPROVEMENT PROJECT

For Wharton Regional Airport Wharton, Texas TxDOT Solicitation No.: NTB2513WHRTN00024 TxDOT CSJ/Project No.: 2513WHRTN

TABLE OF CONTENTS

Wharton Regional Airport

(Federally Funded Project)

1. NOTICE TO BIDDERS

2. REQUIRED LANGUAGE IN PUBLISHED ADVERTISEMENT FOR BIDS FOR AIP CONSTRUCTION

CONTRACTS

3. SPECIAL NOTICE TO BIDDERS

4. BIDDER QUALIFICATIONS

5. INSTRUCTION TO BIDDERS

6. BID FORM

7. BID BOND

8. SPECIAL INSTRUCTION TO BIDDERS REGARDING EEO

9. REQUIRED LANGUAGE IN PROPOSALS FOR AIP CONTRACTS (MUST BE SUBMITTED WITH BID

PACKAGE)

10. CERTIFICATION REGARDING DEBARMENT, SUSPENSION, INELIGIBILITY AND VOLUNTARY

EXCLUSION (MUST BE SUBMITTED WITH BID PACKAGE)

11. BUY AMERICAN CERTIFICATION (MUST BE SUBMITTED WITH BID PACKAGE)

12. CERTIFICATION OF NON-SEGREGATED FACILITIES (MUST BE SUBMITTED WITH BID PACKAGE)

13. DISADVANTAGED BUSINESS ENTERPRISE SPECIAL PROVISION AND DBE TEMPLATE

14. SPECIAL PROVISIONS

15. WAGE RATES

16. TECHNICAL SPECIFICATIONS

17. GEOTECHNICAL REPORT

18. DRAWING INDEX

19. GENERAL CONSTRUCTION CONTRACT PROVISIONS, VOLUME DATED FEBRUARY

2013 (AVAILABLE AT TXDOT, AVIATION DIVISION, 6230 EAST STASSNEY LN., 2ND FLOOR,

AUSTIN, TEXAS 78744; USE LATEST VERSION OF REFERENCED ADVISORY CIRCULARS.)

NOTICE TO BIDDERS

NOTICE TO BIDDERS

Wharton Regional Airport

TxDOT Solicitation No.: NTB2513WHRTN00024

Sealed bids for the construction of airport improvements at Wharton Regional Airport need to be addressed and delivered to Brandy Schwettmann, TxDOT Aviation Division, 6230 E. Stassney Lane, 2nd Floor, Austin, Texas 78744. The delivered package must be clearly marked as “Bid Proposal”. Bids will be received until 1:00PM, April 30, 2026, then publicly opened and read. Any bid received after closing time will be returned unopened.

In general, the Aviation Construction work consists of: Overlay Rehabilitation of Runway 14/32 and Taxiways.

Engineers’ Estimate of Probable Cost for this project is as follows:

Base Bid: $3,268,800.00 Additive Alternate 1: $286,000.00 Additive Alternate 2: $756,600.00

Bidding documents may be examined: Offices of Civil PEs: 814 Thornwick Dr., Houston, TX 77079

Bidders may view and obtain plan sets, free of charge, from Plans Online at the following link https://www.dot.state.tx.us/business/plansonline/ftpinfo.htm on the TxDOT website. Bidders are responsible for checking this website regularly for any changes to the bid documents, such as Addendums. TxDOT can only guarantee the accuracy of information on its Aviation Projects website located at http://www.txdot.gov/inside-txdot/division/aviation/projects.html. If another agency or construction data website references this project, please also refer to the TxDOT Aviation website mentioned above to verify the accuracy and completeness of the data.

TxDOT Aviation uses the eGrants electronic grant management system for projects beginning Fiscal Year 2017. The awarded bidder will be required to electronically submit contract documents, pay request forms, change order requests, certified payroll, DBE and insurance certificates. Signing the Bid Form certifies that the bidder meets the eGrants minimum system requirements in the External User Manual found at http://www.txdot.gov/government/funding/egrants-2016/aviation.html

To be placed on the Bidders List for this project, please email your company name, mailing address, and your phone & email address to AVNRFQ@txdot.gov.

Technical questions concerning the specifications should be directed to Thomas Dodson at (281) 630- 1888 or tdodson@civil-pes.com. Please call Contract Specialist, Brandy Schwettmann, TxDOT Aviation at 512-416-4531 for questions concerning the bid document or further information.

Minimum wage rates have been predetermined as required by law and are set forth in the specifications.

Cashier’s check, money order, or teller’s check drawn by or on a state or national bank, a savings and loan association, or a state or federally chartered credit union (collectively referred to as “bank”) in the amount of two percent (2%) of the total bid price stated in the bid, made payable without recourse to TxDOT Aviation, Agent for the Owner or a bid bond in the same amount from a reliable corporate surety authorized to do business in the State of Texas and acceptable to TxDOT Aviation, Agent for the https://www.dot.state.tx.us/business/plansonline/ftpinfo.htm http://www.txdot.gov/inside-txdot/division/aviation/projects.html http://www.txdot.gov/government/funding/egrants-2016/aviation.html file://FS-W49.dot.state.tx.us/DATA2/AVN/Groups/D42GRANT/2018%20PROCUREMENT%20TEMPLATES/CONSTRUCTION-NTB/FEDERAL/AVNRFQ@txdot.gov mailto:tdodson@civil-pes.com

Owner must accompany each bid as a guarantee that the bidder, if successful, will enter into a contract, and make bond in accordance with the requirements of the specifications. TxDOT Aviation reserves the right to retain any check, bank money order or bank draft as liquidated damages in the event the bidder withdraws its bid after the bids are opened and before official rejection of the bid by TxDOT Aviation/Owner, or, if successful in securing the award of the contract, the successful bidder fails to enter into the contract and fails to furnish satisfactory performance and payment bonds.

All noted documents below shall be completed and submitted to be considered a complete Bid Package.

If any of the listed documents are incomplete or missing, the bid will be deemed non-responsive.

Required Documents:

☐ Bid Form ☐ Bid Bond (must include the Power Attorney and claim notice page) ☐ Required Language in Proposals for AIP Contracts ☐ Certification Regarding Debarment, Suspension, Ineligibility and Voluntary Exclusion ☐ Buy American Certification ☐ Certification of Non-Segregated Facilities ☐ DBE Participation Plan: The DBE Participation Plan must be submitted no later than 5 calendar days from bid opening. When computing any period of time described in this part, the day from which the period begins to run is not counted, and when the last day of the period is a Saturday, Sunday, or Federal holiday, the period extends to the next day that is not a Saturday, Sunday, or Federal holiday. Similarly, in circumstances where the recipient's offices are closed for all or part of the last day, the period extends to the next day on which the agency is open.

1) DBE Commitment Agreement Form No. SMS.4901,

2) DBE Program Material/Supplier Form No. SMS.4901-MS and,

3) DBE Trucking Commitment Form No. SMS.4901-T.

Please download the appropriate DBE Commitment Agreement or Good faith effort form from the TxDOT website at http://www.txdot.gov/business/partnerships/dbe-forms.html. There are three available DBE commitment forms. You must pick the commitment form that applies to your subcontract agreement. Then you and your DBE(s) must complete the form and return it with the signed DBE plan by the required date.

4) Form 4000 Contractor’s Certification Good Faith Effort (if unable to meet specified goal)

The successful bidder will be required to furnish a Performance Bond and Payment Bond with the Power of Attorney and claim page, each in the full amount of the contract price, executed by a surety company or surety companies authorized to execute surety bonds under and in accordance with the laws of the State of Texas.

The Agent reserves the right to reject any bid and the right to waive technicalities if such waiver is in the best interest of the Owner and conforms to State and local laws and ordinances pertaining to the letting of construction contracts.

http://www.txdot.gov/business/partnerships/dbe-forms.html

The Agent, in accordance with the provisions of Title VI of the Civil Rights Act of 1964 (78 Stat. 252, 42 U.S.C. §§ 2000d to 2000d-4) and 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. The Disadvantage Business Enterprise (DBE) Goal is 0%.

For all federally funded construction projects with a DBE goal, bidders shall use the attached DBE participation plan and appropriate commitment agreement form/s and submit these documents to TxDOT Aviation within 5 calendar days after the bid opening via email to AVNRFQ@txdot.gov.

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

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

A Pre-Bid conference concerning this project will be held at 10:30AM on April 16, 2026, at Wharton Regional Airport located at 714 Robert Vonderau Drive., Wharton, TX 77488.

The City of Wharton, Wharton County, Texas mailto:AVNRFQ@txdot.gov

REQUIRED LANGUAGE

IN PUBLISHED

ADVERTISEMENT FOR

AIP CONSTRUCTION

REQUIRED LANGUAGE IN PUBLISHED ADVERTISEMENT FOR BIDS FOR

AIP CONSTRUCTION CONTRACTS

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

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

(2) Buy American Provision.

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

B. Additional Language Required in Published Advertisement For Bids For AIP Contract Where The Sponsor Has A DBE Program In Effect Or Is Required By 49 CFR Part 26 To Have An Approved DBE Program.

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

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

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

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

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

(3) The successful bidder will be required to submit a Certification of Non-segregated Facilities prior to award of the contract, and to notify prospective subcontractors of the requirement for such a Certification where the amount of the subcontract exceeds $10,000. Samples of the Certifications and Notice to Subcontractors appear in the Specifications.

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

D. Contract in Excess of $50,000.

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

E. Additional Notices for $1 Million Contracts.

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

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

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

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

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

SPECIAL NOTICE TO

BIDDERS

SPECIAL NOTICE TO BIDDERS

Buy American-Steel and Manufactured Products for Construction Contracts

(Aviation Safety and Capacity Expansion Act of 1990)

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

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

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

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

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

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

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

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

BIDDER QUALIFICATIONS

BIDDER QUALIFICATIONS

I. QUALIFICATIONS

A. Each Bidder shall furnish the Texas Department of Transportation, Aviation Division satisfactory evidence of the Bidder's competency to perform the proposed work. Such evidence of competency shall consist of statements covering the Bidder's past experience on similar work, a list of equipment that would be available for the work, and a list of key personnel that would be available.

B. In addition, each Bidder shall furnish the Texas Department of Transportation, Aviation Division satisfactory evidence of the Bidder's financial responsibility. Such evidence shall consist of a confidential statement or report of the Bidder's financial resources and liabilities as of the last calendar year or the Bidder's last fiscal year. Such statements or reports shall be prepared by a public accountant. At the time of submitting such financial statements or reports, the Bidder shall further certify whether the Bidder's financial responsibility is approximately the same as stated or reported by the public accountant. If the Bidder's financial responsibility has changed, the Bidder shall qualify the public accountant's statement or report to reflect the Bidder's true financial condition at the time such qualified statement or report is submitted to the Texas Department of Transportation.

C. If a Bidder is fully prequalified or prequalified under the bidder’s questionnaire with the Texas

Department of Transportation (TxDOT) and is on the TxDOT current "bidders list", such evidence of current TxDOT prequalification may be submitted as evidence of financial responsibility and competency in lieu of the above certified statements or reports. The bidders must acknowledge and sign the type of pre-qualification on the bid form. Bidders understand their limitations of prequalification both financially and for approved work experience related to airport development projects.

D. If awarded the contract the bidder shall be required to submit a TxDOT - Certificate of Insurance form naming the Texas Department of Transportation as an additional insured and with a waiver of subrogation in favor of the Texas Department of Transportation. Insurance requirements are listed in the Aviation Division General Construction Contract Provisions, volume dated February 2013.

II. SUBMISSION OF QUALIFICATIONS

A. Each bidder shall submit the Bidder's "evidence of competency" and "evidence of financial responsibility", to the Texas Department of Transportation, Aviation Division at the date, time and location specified for opening bids. These items shall be submitted in the envelope with your bid marked with project number, location of airport, and name and business address of the bidder.

B. Bids that do not include the qualification requirements listed above will be considered non-responsive and therefore disqualified.

C. BIDS SUBMITTED WITHOUT AKNOWLEDGEMENT OR SUBMISSION OF ALL

QUALIFICATIONS WILL NOT BE READ.

INSTRUCTION TO BIDDERS

INSTRUCTIONS TO BIDDERS

IB-1. The Bidder shall reference the Aviation Division General Construction Contract

Provisions, volume dated February 2013, for all general contract provisions. General Construction

Contract Provisions may be obtained at TxDOT, Aviation Division, 6230 E. Stassney Ln., Second Floor, Austin, Texas 78744; Use latest version of referenced Advisory Circulars.

IB-2. The Bidder shall refer to Section 20, BID REQUIREMENTS AND CONDITIONS of the

GENERAL PROVISIONS.

IB-3. The Bidder shall refer to: BIDDER QUALIFICATIONS section of the bid document and Section

20-02, PREQUALIFICATION OF BIDDERS of the GENERAL PROVISIONS.

IB-4. The Bidder must submit the completed bid on the formatted bid form furnished by TxDOT, with all blank spaces in the TxDOT bid form correctly typed in for each and every item for which a quantity is given.

The Bidder shall sign the bid in ink. If the bid is made by an individual, the individual's name and address must be shown. If made by a partnership, the name and address of each member of the partnership must be shown. If made by a corporation, the person signing the bid shall give the name of the state under the laws of which the corporation was chartered and the name, titles, and business address of the president, secretary, and the treasurer.

IB-5. The Bidder shall submit completed copies of all items identified under “Bidder Qualifications”.

Bids received without Bidder Qualifications will not be read.

IB-6. The REQUIRED LANGUAGE IN PROPOSALS FOR AIP CONTRACTS, CERTIFICATION

REGARDING DEBARMENT, CERTIFICATION REGARDING FOREIGN TRADE, BUY

AMERICAN CERTIFICATION, CERTIFICATION OF BIDDER REGARDING EQUAL

EMPLOYMENT OPPORTUNITY, and the CERTIFICATION OF NON-SEGREGATED

FACILITIES, contained in the bid document shall be completed by the Bidder and submitted with the

Bid.

IB-7. Receipt of all addenda issued shall be acknowledged by the Bidder in the space provided on the

Bid Form.

IB-8. Bids may be rejected if they show any alteration of words or figures, additions not called for, conditional or uncalled for alternate bids, incomplete bids, any alteration of words or figures or changes not initialed by the person or persons signing the bid, or irregularities of any kind.

IB-9. The bid shall be accompanied by a Bid Guarantee of the character and in the amount as indicated in the bid.

IB-10. Any questions arising during the advertising period as to meaning or intent of the specifications will be answered by an addendum prepared by the Engineer. Contractor shall be responsible for obtaining addenda for each interested project at our website: http://www.txdot.gov/inside-txdot/division/aviation/projects.html. All addenda issued shall become a part of the contract documents.

Bidders are responsible for checking this website regularly for any changes to the bid documents, such as Addendums.

IB-11. The Texas Department of Transportation (TxDOT) shall accept as Disadvantaged Business Enterprises (DBEs) only those firms currently certified as such by the Texas Unified Certification Program (TUCP).

IB-12. Each bid submitted shall be placed in a sealed envelope plainly marked with the project number, location of airport, and name and business address of the Bidder on the outside. When sent by mail, preferably registered, the sealed bid, marked as indicated above, should be enclosed in an additional envelope. Bids, which are transmitted by telephone, by telegraph or by electronic means, will not be accepted.

IB-13. No bid will be considered unless received at the place specified in the advertisement before the time specified for opening all bids. Bids received after the bid opening time shall be returned to the Bidder unopened.

IB-14. Bids will be opened and read publicly at the time and place indicated in the Notice to Bidders.

IB-15. Generally, materials incorporated into a project, such as concrete, rebar, asphalt, etc., are tax exempt. Other items not incorporated into the project such as barricades and equipment rental may be subject to sales tax. A copy of the Texas Sales and Use Tax Exemption form is available through the State Comptroller website at https://comptroller.texas.gov/forms/01-339.pdf This form is a self-certification process. The contractor must complete the form and retain the document in their files. A copy of the form should be sent to the seller/supplier. Bidders should contact their tax consultant or the Texas Office of the Comptroller with any questions related to the payment of sales tax.

IB-16. In accordance with 49 CFR Part 26.53 the bidder/offerer must submit an acceptable DBE plan and commitment or good faith effort no later than 5 calendar days after bid opening as a matter of responsibility. For all federally funded construction projects with a DBE goal, bidders shall use the attached DBE participation plan and appropriate commitment agreement form/s and submit these documents to TxDOT Aviation within 5 calendar days after the bid opening via email to AVNRFQ@txdot.gov.

http://www.txdot.gov/inside-txdot/division/aviation/projects.html http://www.txdot.gov/inside-txdot/division/aviation/projects.html https://comptroller.texas.gov/forms/01-339.pdf

BID FORM

BID FORM

To obtain a formatted Bid Form, please go to either:

1. TxDOT Aviation Projects at:

http://www.dot.state.tx.us/AVN/avninfo/proposal/construct/index.htm

Or,

2. TxDOT Plans Online at:

http://www.txdot.gov/inside-txdot/division/support/plans-online.html

• The online formatted bid form should be accessed with Internet Explorer. It will not open when using Chrome.

• The bid form is formatted and allows for online input of numeric unit prices.

• Do not handwrite numeric unit prices on this formatted bid form.

• The formatted bid form should be completed online and then printed, signed and delivered to the appropriate location for the bid opening.

Bid Package Responsiveness Checklist:

The following are required in order for the bid to be responsive. Bids without the following will be deemed non-responsive.

To be included with or on Bid Form

☐ All blanks in the bid form filled in electronically ☐ Addenda acknowledged (if any) Handwritten acknowledgement of addenda, in excess of 3, is required ☐ Bid Form signed, original in ink ☐ Bid form qualifications acknowledged and signed, or prequalification letter enclosed (will be used to establish bidder responsibility) ☐ Qualification Acknowledgement or Qualification Statement Submitted ☐ 2% Bid Bond, Power of Attorney, and claim page with the correct project number ☐ Required Language in Proposals for AIP Contracts Form ☐ Certification Regarding Debarment, Suspension, Ineligibility and Voluntary Exclusion ☐ Buy American Certification ☐ Certification of Non-Segregated Facilities http://www.dot.state.tx.us/AVN/avninfo/proposal/construct/index.htm http://www.txdot.gov/inside-txdot/division/support/plans-online.html

☐ WITHIN 5 DAYS OF BID OPENING, SUBMIT DBE PLAN AND COMMITMENT

AGREEMENTS TO AVNRFQ@txdot.gov IF APPLICABLE ON FEDERALLY FUNDED

PROJECTS WITH A POSTED DBE GOAL

TxDOT may consider a bid non-responsive or disqualify a bidder after the reading of bids per General Provision 20-07 and General provision 20-13.

BID BOND

Bid Bond

Bid Bond - original equal to 2% of total bid.

A bid bond may be issued on any form acceptable to the bidder’s Surety Company.

SPECIAL INSTRUCTION TO

BIDDERS REGARDING EEO

SPECIAL INSTRUCTION TO BIDDERS REGARDING EEO

Notice of Requirement for Affirmative Action to

Ensure Equal Employment Opportunity (Executive Order 11246, as amended)

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

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

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

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

27.4% 6.9%

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

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

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

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

Wharton, Wharton County .

REQUIRED LANGUAGE IN

PROPOSALS FOR AIP

REQUIRED LANGUAGE IN PROPOSALS FOR AIP CONTRACTS

(Please complete & return in bid package)

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

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

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

The undersigned certifies on behalf of _________________________________________, that

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

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

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

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

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

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

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

Signature of Company Official Date

CERTIFICATION

REGARDING DEBARMENT,

SUSPENSION,

INELIGIBILITY AND

VOLUNTARY EXCLUSION

Certification Regarding Debarment, Suspension, Ineligibility and Voluntary Exclusion

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

BUY AMERICAN

CERTIFICATION

Buy American Certification (Aviation Safety and Capacity Expansion Act of 1990)

(Please complete & return in bid package)

By submitting a bid/proposal under this solicitation, 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.

Except for those items listed by the offeror below or on a separate and clearly identified attachment to this bid/proposal, the offeror certifies that steel and each manufactured product, is produced in the United States (as defined in the clause Buy American - Steel and Manufactured Products for Construction Contracts) and that components of unknown origin are considered to have been produced or manufactured outside the United States.

☐ We certify that we comply with this provision and don’t have any exceptions to list.

-OR-

☐ We certify that we comply with this provision except for the products listed below.

PRODUCT COUNTRY OF ORIGIN

CERTIFICATION OF NON-

SEGREGATED FACILITIES

CERTIFICATION OF NON-SEGREGATED FACILITIES

(Please complete & return in bid package)

NOTICE TO PROSPECTIVE FEDERALLY ASSISTED

CONSTRUCTION CONTRACTORS

(41 CFR 60-1.8)

(1) A Certification of Non-Segregated Facilities must be submitted prior to the award of a federally assisted construction contract exceeding $10,000 which is not exempt from the provisions of the equal opportunity clause.

(2) Contractors receiving federally assisted construction contract awards exceeding $10,000 which are not exempt from the provisions of the equal opportunity clause will be required to provide for the forwarding of the following notice to prospective subcontractors for supplies and construction contracts where the subcontracts exceed $10,000 and are not exempt from the provisions of the equal opportunity clause.

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

NOTICE TO PROSPECTIVE SUBCONTRACTORS OF REQUIREMENTS FOR

CERTIFICATION OF NON-SEGREGATED FACILITIES

(1) A Certification of Non-Segregated Facilities must be submitted prior to the award of a subcontract exceeding $10,000 which is not exempt from the provisions of the equal opportunity clause.

(2) Contractors receiving subcontract awards exceeding $10,000 which are not exempt from the provisions of the equal opportunity clause will be required to provide for the forwarding of this notice to prospective subcontractors for supplies and construction contracts where the subcontracts exceed $10,000 and are not exempt from the provisions of the equal opportunity clause.

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

DISADVANTAGED

BUSINESS ENTERPRISE

Disadvantaged Business Enterprise in Federal-Aid Contracts

1. DESCRIPTION

The purpose of this Special Provision is to carry out the U.S. Department of Transportation's (DOT) policy of ensuring nondiscrimination in the award and administration of DOT-assisted Contracts and creating a level playing field on which firms owned and controlled by individuals who are determined to be socially and economically disadvantaged can compete fairly for DOT-assisted Contracts.

2. DISADVANTAGED BUSINESS ENTERPRISE IN FEDERAL-AID CONTRACTS

2.1. Policy. It is the policy of the DOT and the Texas Department of Transportation, Aviation Division (Department) that DBEs, as defined in 49 CFR Part 26, Subpart A, and the Department's DBE Program, will have the opportunity to participate in the performance of Contracts financed in whole or in part with federal funds. The DBE requirements of 49 CFR Part 26, and the Department’s DBE Program, apply to this Contract as follows.

The Contractor will solicit DBEs through reasonable and available means, as defined in 49 CFR Part 26, Appendix A, and the Department's DBE Program, or show a good faith effort to meet the DBE goal for this Contract.

The Contractor, subrecipient, or subcontractor will not discriminate on the basis of race, color, national origin, or sex in the performance of this Contract. Carry out applicable requirements of 49 CFR Part 26 in the award and administration of DOT-assisted Contracts. Failure 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 Department deems appropriate.

The requirements of this Special Provision must be physically included in any subcontract.

By signing the Contract proposal, the Bidder is certifying that the DBE goal as stated in the proposal will be met by obtaining commitments from eligible DBEs or that the Bidder will provide acceptable evidence of good faith effort to meet the commitment.

2.2. Definitions.

2.2.1. Administrative Reconsideration. A process by which the low bidder may request reconsideration when the Department determines the good faith effort (GFE) requirements have not been met.

2.2.2. Commercially Useful Function (CUF). A CUF occurs when a DBE has the responsibility for the execution of the work and carrying out such responsibilities by actually performing, managing, and supervising the work.

2.2.3. Disadvantaged Business Enterprise (DBE). A for-profit small business certified through the Texas Unified Certification Program in accordance with 49 CFR Part 26, that is at least 51% owned by one or more socially and economically disadvantaged individuals, or in the case of a publicly owned business, in which is at least 51% of the stock is owned by one or more socially and economically disadvantaged individuals, and whose management and daily business operations are controlled by one or more of the individuals who own it.

2.2.4. DBE Joint Venture. An association of a DBE firm and one or more other firms to carry out a single business enterprise for profit for which purpose they combine their property, capital, efforts, skills, and knowledge, and in which the DBE is responsible for a distinct, clearly defined portion of the work of the Contract and whose share in the capital contribution, control, management, risks, and profits of the joint venture are commensurate with its ownership interest.

2.2.5. DOT. The U.S. Department of Transportation, including the Office of the Secretary, the Federal Highway Administration (FHWA), the Federal Transit Administration (FTA), and the Federal Aviation Administration (FAA).

2.2.6. Federal-Aid Contract. Any Contract between the Department and a Contractor that is paid for in whole or in part with DOT financial assistance.

2.2.7. Good Faith Effort. All necessary and reasonable steps to achieve the contract goal which, by their scope, intensity, and appropriateness to the objective, could reasonably be expected to obtain sufficient DBE participation, even if not fully successful. Good faith efforts are evaluated prior to award and throughout performance of the Contract. For guidance on good faith efforts, see 49 CFR Part 26, Appendix A.

2.2.8. North American Industry Classification System (NAICS). A designation that best describes the primary business of a firm. The NAICS is described in the North American Industry Classification Manual—United States, which is available on the Internet at the U.S. Census Bureau website: http://www.census.gov/eos/www/naics/.

2.2.9. Race-Conscious. A measure or program that is focused specifically on assisting only DBEs, including women-owned businesses.

2.2.10. Race-Neutral DBE Participation. Any participation by a DBE through customary competitive procurement procedures.

http://www.census.gov/eos/www/naics/

2.2.11. Texas Unified Certification Program (TUCP) Directory. An online directory listing all DBEs currently certified by the TUCP. The Directory identifies DBE firms whose participation on a Contract may be counted toward achievement of the assigned DBE Contract goal.

2.3. Contractor’s Responsibilities.

2.3.1. DBE Liaison Officer. Designate a DBE liaison officer who will administer the Contractor’s DBE program and who will be responsible for maintenance of records of efforts and contacts made to subcontract with DBEs.

2.3.2. Compliance Tracking System (CTS). TxDOT Aviation uses the eGrants electronic grant management system for projects beginning Fiscal Year 2017. The awarded bidder will be required to electronically submit contract documents, pay request forms, change order requests, certified payroll, DBE/HUB reports and insurance certificates. Signing the Bid Form certifies that the bidder meets the eGrants minimum system requirements in the External User Manual found at http://www.txdot.gov/government/funding/egrants- 2016/aviation.html.

2.3.3. Apparent Low Bidder. If the DBE documentation was not submitted with the bid, the apparent low bidder must submit a DBE plan and commitments to satisfy the DBE goal or submit good faith effort Form 2603 located at http://www.txdot.gov/inside-txdot/forms-publications/doing-business/dbe-forms.html and supporting documentation demonstrating why the goal could not be achieved, in whole or part, no later than 5 calendar days after bid opening. The means of transmittal and the risk of timely receipt of the information will be the bidder’s responsibility and no extension of the 5-calendar- day timeframe will be allowed for any reason. The apparent low bidder may use the DBE forms provided in the bid document and must follow the instructions on the commitment form.

2.3.4. DBE Contractor. A DBE Contractor may receive credit toward the DBE goal for work performed by its own forces and work subcontracted to DBEs. In the event a DBE subcontracts to a non-DBE, that information must be reported monthly.

2.3.5. DBE Committal. Only those DBEs certified by the TUCP are eligible to be used for goal attainment. The Department maintains the TUCP DBE Directory. The Directory can be accessed at the following website:

https://txdot.txdotcms.com/FrontEnd/VendorSearchPublic.asp?TN=txdot&XID=23 40.

A DBE must be certified on the day the commitment is considered and at time of subcontract execution. It is the Contractor’s responsibility to ensure firms identified for participation are approved certified DBE firms.

http://www.txdot.gov/government/funding/egrants-2016/aviation.html http://www.txdot.gov/government/funding/egrants-2016/aviation.html http://www.txdot.gov/inside-txdot/forms-publications/doing-business/dbe-forms.html http://www.txdot.gov/inside-txdot/forms-publications/doing-business/dbe-forms.html https://txdot.txdotcms.com/FrontEnd/VendorSearchPublic.asp?TN=txdot&XID=2340 https://txdot.txdotcms.com/FrontEnd/VendorSearchPublic.asp?TN=txdot&XID=2340

The Bidder is responsible to ensure that all submittals are checked for accuracy. Any and all omissions, deletions, and/or errors that may affect the end result of the commitment package are the sole liabilities of the bidder.

Commitments in excess of the goal are considered race-neutral commitments.

2.3.6. Good Faith Effort Requirements. A Contractor who cannot meet the Contract goal, in whole or in part, must make adequate good faith efforts to obtain DBE participation as so stated and defined in 49 CFR Part 26, Appendix A.

2.3.6.1. Administrative Reconsideration. If the Department determines that the apparent low bidder has failed to satisfy the good faith efforts requirement, the Department will notify the Bidder of the failure and will give the Bidder an opportunity to provide written documentation or argument concerning the issue of whether it met the goal or made adequate good faith efforts to do so.

The Bidder must request an administrative reconsideration of that determination within 3 days of the date of receipt of the notice. The request must be submitted directly to the Texas Department of Transportation, Aviation Division, 125 East 11th Street, Austin, Texas 78701-2483.

If a request for administrative reconsideration is not filed within the period specified, the determination made is final and further administrative appeal is barred.

If a reconsideration request is timely received, the reconsideration decision will be made by the DBE liaison officer or, if the DBE liaison officer took part in the original determination, the Department Division Director will appoint another employee to perform the administrative reconsideration. The employee will hold a leadership position and will report directly to the Division Director.

The meeting or written documentation must be provided or held within 7 days of the date the request was submitted.

The Department will provide to the Bidder a written decision if the Bidder did or did not make adequate good faith efforts to meet the Contract goal. The reconsideration decision is final and is not administratively appealed to DOT.

2.3.7. Determination of DBE Participation. The work performed by the DBE must be reasonably construed to be included in the work area and NAICS work code identified by the Contractor in the approved commitment.

Participation by a DBE on a Contract will not be counted toward DBE goals until the amount of the participation has been paid to the DBE.

Payments made to a DBE that was not on the original commitment may be counted toward the Contract goal if that DBE…