ORF Cellphone Waiting Lot - Contract Documents.pdf

CONTRACT DOCUMENTS

CELLPHONE WAITING LOT

Kimley-Horn

NORFOLK AIRPORT AUTHORITY i TABLE OF CONTENTS

CELLPHONE WAITING LOT ISSUED FOR BID

TABLE OF CONTENTS

TITLE INDEX OF PAGES

Cover Table of Contents ........................................................................................................................ i thru iv

BIDDING REQUIREMENTS

Invitation for Bids ........................................................................................................................ IFB-1-2 Instructions to Bidders .............................................................................................................. INST-1-8

BID DOCUMENTS

Bid Form ....................................................................................................................................... B-1-6 Bid Form – Proposal Schedule ....................................................................................................... B-3.1 Contractor Certifications

Non-Collusive Bidding Certification .................................................................................... B-7-8 Certificate of Insurability ...................................................................................................B-9-10 Designation of Subcontractors and Suppliers ................................................................. B-11-12 Bidders Qualification Statement ..................................................................................... B-13-16

CONTRACT FORMS

Notice of Intent to Award.................................................................................................................... 1-2 Standard Contract with Norfolk Airport Authority .............................................................................. 1-24 Exhibit 1 – Standard Labor and Material Payment Bond ..................................................................... 1-4 Exhibit 2 – Standard Performance Bond ............................................................................................ 1-6 Exhibit 3 – Contractor’s Affidavit of Payment of Claims ...................................................................... 1-2 Exhibit 4 – Contractor’s Certificate of Substantial Completion ............................................................ 1-2 Exhibit 5 – Architect/Engineer’s or Project Manager’s Certificate of Substantial Completion ............... 1-2 Exhibit 6 – Contractor’s Certificate of Final Completion ...................................................................... 1-2 Exhibit 7 – Architect/Engineer’s or Project Manager’s Certificate of Final Completion ......................... 1-2 Appendix A – Required Federal Contract Provisions ..................................................................... F-1-19 Appendix B – General Terms and Conditions for Construction Contracts .................................GTC-3-48 Appendix C – FAA General Provisions ....................................................................................... GP-1-47

Construction contract shall be governed by the latest version of the 2020 VDOT Road and Bridge Specifications and 2022 Updates consisting of Division I - General Provisions and Division II - Division VII Construction and Materials. Included by reference are all Special Provision Copied Notes (SPCNs), Special Provision (SPs) and Supplemental Specifications (SSs) which can be found on the VDOT Business Center website and dated October 2023.

NORFOLK AIRPORT AUTHORITY ii TABLE OF CONTENTS

CELLPHONE WAITING LOT ISSUED FOR BID

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NORFOLK AIRPORT AUTHORITY IFB-1 INVITATION FOR BIDS

INVITATION FOR BIDS

PROJECT: Cellphone Waiting Lot LOCATION: Norfolk International Airport DOCUMENTS DATED: December 13th, 2023 BID OPENING DATE: January 30th, 2024

The Norfolk Airport Authority will receive sealed Bids for the above titled Project at the Administration Office front desk, located in the Departures Terminal, 2nd Floor at Norfolk International Airport, 2200 Norview Avenue, Norfolk, VA 23518, until 2:00 p.m. local time on Tuesday, January 30, 2024, at which time the Bids will be publicly opened and read aloud. Any Bids received after the specified time and date will not be considered.

The Work under this Project consists of the construction of an 84 space Cellphone Waiting parking lot North of Parking Garage A.

Project documents, including Instructions to Bidders on December 21, 2023. Neither the Owner nor any of its representatives shall be responsible for full or partial sets of Contract Documents, including addenda, obtained from any other source.

Also, Bid Documents have been provided to the following plan room services:

Norfolk Builder’s Exchange 1118 Azalea Garden Road, Norfolk, VA

Bid security in the amount of five percent (5%) of the Bid shall be submitted with each Bid.

Contractor registration in accordance with Title 2.2 Chapter 43, Code of Virginia is required. The Bidder shall include in its Bid the following notation” “Licensed Virginia Contractor No. _________.”

Withdrawal of Bids due to error shall be subject to and in accordance with Section 2.2-4330 of the Code of Virginia and the Contract Documents.

The Owner reserves the right to waive minor non-substantive informalities in the Bid, to reject any/or all Bids, to award any Bid in whole or in part and award the Bid considered to be in the best interest of the Owner. The Owner also reserves the right to negotiate with the lowest responsive, responsible Bidder should the Bid exceed available funds.

NORFOLK AIRPORT AUTHORITY IFB-2 INVITATION FOR BIDS

The Norfolk Airport Authority does not discriminate in the solicitation or awarding of contracts on the basis of race, religion, faith-based organizations, color, national origin, age, disability, or any other basis prohibited by state or federal law.

By: Ashley Sumner, P.E.

Project Manager – Capital Improvement Program Norfolk Airport Authority®

NORFOLK AIRPORT AUTHORITY INST-1 INSTRUCTIONS TO BIDDERS

CELLPHONE WAITING LOT ISSUED FOR BID

INSTRUCTIONS TO BIDDERS

1. Bid Documents

1.1. Complete sets of Bid Documents shall be used in preparing Bids. Neither the Owner nor the Engineer assumes any responsibility for errors or misinterpretations resulting from the use of incomplete sets of Bid Documents.

1.2. The Owner, in making copies of the Bid Documents available on the above terms does so only for the purpose of obtaining Bids on the Work and does not confer or license or grant permission for any other use.

1.3. The Drawings for this Project were prepared by Kimley-Horn and Associates and dated December 13, 2023.

2. Examination of Contract Documents and Project Site.

2.1. It is the responsibility of each Bidder before submitting a Bid:

A. to examine thoroughly the Bid Documents;

B. to visit the site to become familiar with and satisfy the Bidder as to the general, local and site conditions that may affect cost, progress, performance, or furnishing of the Work;

C. to study and carefully correlate the Bidder’s knowledge and observations with the Bid Documents and such other related data; and, D. to promptly notify the Owner of all conflicts, errors, ambiguities or discrepancies which the Bidder has discovered in or between the Bid Documents and such other related documents or field/site conditions.

2.2 On request, at the discretion of the Owner, the Owner will provide each Bidder access to the site to conduct such examinations, investigations, explorations, tests and studies as each Bidder deems necessary for submission of a Bid. The Bidder shall fill all holes and clean up and restore the site to its former condition, including reseeding and/or resodding any disturbed areas upon completion of such explorations, investigations, tests and studies, and hold the Owner harmless from any damage to property or injury to persons resulting from or arising out of such exploration, investigation, tests, and studies. The Bidder shall obtain and comply with all local and state permitting requirements.

3. Interpretations and Addenda.

3.1. No oral explanation in regard to the meaning of the Contract Documents will be made, and no oral instructions will be given before the award of the Work. Discrepancies, omissions or doubts as to the meaning of the Contract Documents shall be communicated in writing to the Owner for interpretation.

Bidders should act promptly and allow sufficient time for a reply to reach them before the submission of their Bids. Any interpretation made will be in the form of an addendum to the Contract Documents, which will be forwarded to all Bidders, and its receipt shall be acknowledged on the Bid Form. All questions from the Contractor shall be received no later than January 16, 2024.

3.2. Addenda may also be issued to modify the Contract Documents.

NORFOLK AIRPORT AUTHORITY INST-2 INSTRUCTIONS TO BIDDERS

CELLPHONE WAITING LOT ISSUED FOR BID

4. Bid Security.

4.1. Each bid shall be accompanied by a Bidder’s bond issued by a company authorized and licensed to transact business as surety in the Commonwealth of Virginia, a certified check, or cash escrow, in an amount equal to not less than five (5) percent of the total amount of the bid, made payable to Norfolk Airport Authority. Upon approval of the Owner’s attorney, in accordance with Section 2.2-4338, Code of Virginia, 1950, as amended, a Bidder may furnish a personal bond, property bond, or bank or savings and loan association’s letter of credit on certain designated funds for the amount required for the Bid Security. The Bid Security shall be accompanied by a certified copy of the power of attorney for the surety attorney-in-fact. Said bid security shall be left with the Owner, subject to the conditions specified herein, as a guarantee of good faith on the part of the Bidder that if the bid is accepted, the Bidder shall execute the contract.

4.2. The Bid Security shall be returned to all except the three (3) lowest Bidders within ten (10) days after the date of Bid opening. The Bid Security will be returned to the three (3) lowest Bidders within five

(5) days after the execution of an Agreement and Performance and Payment Bonds and Certificates of Insurance have been approved by the Owner. None of the three (3) lowest Bids shall be deemed rejected, notwithstanding acceptance of one of the Bids, until the Agreement has been executed by both the Owner and the Successful Bidder.

5. Liquidated Damages.

5.1. No Liquidated Damages are included with this project.

6. Preparation of Bid.

6.1. All blanks on the Bid Form shall be legibly and carefully completed in ink.

6.2. Bids by corporations shall be executed in the corporate name by the president or a vice-president (or other corporate officer accompanied by evidence of authority to sign) and attested by the secretary or an assistant secretary. The corporate address and state of incorporation shall be shown below the signature.

6.3. Bids by unincorporated organizations shall be executed in the organization’s name and signed by an individual having authority to enter into a contract on behalf of such organization, whose title shall appear under the signature and the official address of the organization shall be shown below the signature. For example, if such organization is a Limited Liability Company, the Bid shall be signed by its manager, or if such organization is a Limited Partnership, the Bid shall be signed by a general partner.

6.4. All names shall be typed or printed in ink below the signature. All names shall be the legal name of the corporation, unincorporated organization and/or individual.

6.5. The Bid shall contain an acknowledgment of receipt of all Addenda (the numbers of which shall be filled in on the Bid Form).

6.6. The address, telephone number, e-mail address and fax number for communications regarding the Bid shall be provided.

NORFOLK AIRPORT AUTHORITY INST-3 INSTRUCTIONS TO BIDDERS

CELLPHONE WAITING LOT ISSUED FOR BID

6.7. It is understood and agreed that, in the event an Agreement is executed for the supplies, equipment or services included in the Bid, no indication of such sales or services to the Owner shall be used in any way in product literature or advertising without the written consent of the Owner.

7. Quantities and Unit Prices.

7.1. The Owner reserves the right to increase or decrease the amount of any class or portion of the Work.

No such change in the Work shall be considered as a waiver of any condition of the Agreement nor shall such change invalidate any of the provisions thereof. Payment will be made at the unit or lump sum prices under the Agreement only for the work actually performed or materials furnished and accepted.

7.2 Bidders shall include in their Bid prices the entire cost of each item set forth in the Bid, and it is understood and agreed that there is included in each lump sum or unit price bid item the entire cost necessary or incidental to the completion of that portion of the work, unless such incidental work is expressly included in other lump sum or unit price bid items.

8. General Equipment or Material Specification.

8.1. When the Bid Documents specify one or more manufacturer's brand names or makes of materials, devices or equipment as indicating a quality, style, appearance or performance, with the statement "or equal," the Bidder shall base the Bid on either one of the specified brands or an alternate brand which the Bidder intends to substitute. Use of an alternate shall not be permitted unless it has been found to be equal or better by the Owner and at no additional cost to the Owner.

8.2. The burden of proof as to the comparative quality and suitability of alternative equipment, articles or materials shall be upon the Bidder. The Bidder shall furnish at its own expense, such information relating thereto as may be required by the Owner. The Owner shall be the sole judge as to the comparative quality and suitability of alternative equipment, articles or materials and the Owner’s decisions shall be final. Any other brand, make or material, device or equipment which, in the opinion of the Owner is recognized to be the equal of that specified, considering quality, workmanship and economy of operation and is suitable for the purpose intended, shall be accepted. In the event of any adverse decision by the Owner, no claim of any sort shall be made or allowed against the Engineer or Owner. Samples, if requested by the Bidder, may be returned at the Bidder’s expense.

9. Proprietary Material and Equipment Specification.

9.1 Where any item of equipment or material is specified by proprietary name, trade name, catalog reference, or name of one or more manufacturers, without the addition of such expressions as "or equal," it is to be understood that those items are so specified for reasons of standardization in maintenance and operation, or for reasons of obtaining desirable features best suited to the requirements of the Specifications. This specific equipment shall form the basis of the Bid and be furnished under the Agreement. Where two or more items of equipment or material are named, the Contractor has the option to use either.

10. Alternate Bids.

NORFOLK AIRPORT AUTHORITY INST-4 INSTRUCTIONS TO BIDDERS

CELLPHONE WAITING LOT ISSUED FOR BID

10.1. If alternate Bids are requested for a portion of all the Work due to the character of the improvement and uncertainties which may be encountered during construction, Bidder shall submit Bids on all items as shown on the Bid Form. Bidder shall provide Bids for the project, complete.

Cellphone Waiting Lot (Local and State funds)

10.2. Award shall be based on the lowest responsive and responsible bid for the entirety of the project schedule.

11. Submission of Bids.

11.1. Bids shall be submitted at the time and place indicated in the Invitation for Bids and shall be sealed, marked with the Project title and name and address of the Bidder, and accompanied by the bid guarantee and other required documents. The Bid may not be changed by markings on the envelope.

Only the amounts indicated on the Bid Form will be considered in determining the final Bid amount.

11.2. When a license is required, the Bidder shall include in its Bid over the Bidder’s signature the following notation: "VIRGINIA LICENSED CONTRACTOR NO. ___________" (Ref. Title 2.2, Chapter 43, Code of Virginia).

12. Receipt and Opening of Bids.

12.1. Bids will be opened publicly at the time and place and under the conditions stated in the Invitation for Bids. The Owner's Representative whose duty it is to open Bids will decide when the specified time has arrived. No responsibility will be attached to any such person for the premature opening of a Bid not properly addressed and identified. It is the responsibility of the Bidder to assure that the Bid is delivered to the designated place of receipt prior to the time set for the receipt of Bids. No Bid received after the time designated for receipt will be considered.

12.2. Bids will be opened and read aloud publicly. Bidders are especially requested to be present at the opening of bids.

13. Bids to Remain Subject to Acceptance.

13.1. All Bids shall remain subject to acceptance for 90 Days after the day of the Bid opening, but the Owner may, in its sole discretion, release any Bid and return the Bid Security prior to that date, or extend the acceptance period an additional 90 days with the consent of the apparent low bidder and surety.

14. Withdrawal of Bids.

14.1 Withdrawal of proposal filed with the Owner may be made only by a representative of the firm submitting the Bid, who shall appear in person prior to the time designated in the advertisement for receipt of Bids.

Such representative shall furnish satisfactory identification and proof that they are authorized to make changes. Telegraphic or facsimile notices will not be considered. Additions and/or deletions marked on the outside of the Bid envelope will not be considered.

14.2 If the Bid price was substantially lower than the other Bids solely to a mistake therein, provided the Bid was submitted in good faith, and the mistake was a clerical mistake as opposed to a judgment mistake, as was actually due to an unintentional arithmetic error or an unintentional omission of a quantity of work, labor, or material made directly in the compilation of a bid, which unintentional arithmetic error

NORFOLK AIRPORT AUTHORITY INST-5 INSTRUCTIONS TO BIDDERS

CELLPHONE WAITING LOT ISSUED FOR BID

or unintentional omission can be clearly shown by objective evidence drawn from inspection of original work papers, documents, and materials used in the preparation of the Bid sought to be withdrawn and provided further the Bidder shall give notice in writing of his claim of right to withdraw two (2) business days after the conclusion of the Bid opening procedure, then the Bid may be withdrawn.

14.3 Should the Bidder refuse to enter into the Agreement after notification of award, the Bid Security shall be forfeited.

14.4 No Bid may be withdrawn under this section when the result would be the awarding of the Agreement on another Bid to the same Bidder or to another Bidder in which the ownership of the withdrawing Bidder is more than five percent.

14.5 If a Bid is withdrawn under the authority of this section, the remaining Bids shall be evaluated to determine the lowest responsive and responsible Bidder.

14.6 No Bidder who is permitted to withdraw a Bid shall, for compensation, supply any material or labor to or perform any subcontract or other work agreement for the person or firm to whom awarded, or otherwise benefit, directly or indirectly, from the performance of the Project for which the withdrawn Bid was submitted.

14.7 If withdrawal of any Bid is denied, the Bidder shall be notified in writing stating the reasons for this decision. Any Bidder who desires to appeal a decision denying withdrawal of Bid shall, as sole remedy, institute legal action provided by Section 2.2-4358 and Section 2.2-4364(B), Code of Virginia, 1950, as amended.

15. Evaluation of Bids.

15.1. In evaluating Bids, the Owner shall consider the qualifications of the Bidders, whether or not the Bids comply with the prescribed requirements, unit and lump sum prices, and alternates if requested in the Bid Form.

15.2. The Owner may consider the qualifications and experience of subcontractors and other persons and organizations (including those who are to furnish the principal items of material or equipment) proposed for those portions of the Work for which the identity of Subcontractors and other persons and organizations shall be submitted as specified in the Bid Documents.

15.3. The Owner may conduct such investigations as deemed necessary to establish the responsibility, qualifications and financial ability of the Bidders, proposed Subcontractors and other persons and organizations to do the Work in accordance with the Bid Documents to the Owner's satisfaction within the prescribed time.

15.4. Bids will be based upon the estimated quantities shown in the Bid Form. Bids will be compared on the basis of a total computed price; arrived at by taking the sum of the estimated quantities of each Bid Item, multiplied by the corresponding unit price bid, and any lump sum Bids on the individual items.

Discrepancies between the multiplication of units of work and unit prices will be resolved in favor of the unit prices. Discrepancies between the indicated sum of any column of figures and the correct sum thereof will be resolved in favor of the correct sum. Discrepancies between words and figures will be

NORFOLK AIRPORT AUTHORITY INST-6 INSTRUCTIONS TO BIDDERS

CELLPHONE WAITING LOT ISSUED FOR BID

resolved in favor of words. The right to reject any or all Bids or to accept any Bid considered of advantage to the Owner is reserved.

15.5. Unless all Bids are canceled or rejected, the Owner reserves the right granted by Section 2.2-4318 of the Code of Virginia to negotiate with the lowest responsible, responsive Bidder to obtain a Contract Price within the funds budgeted for the construction project. Negotiations with the lowest Bidder may include both modification of the Contract Price and the Scope of Work/Specifications to be performed.

The Owner shall initiate such negotiations by Written Notice to the lowest responsible, responsive Bidder that its Bid exceeds the available funds and that the Owner wishes to negotiate a lower Contract Price. The Owner and the lowest responsive, responsible Bidder shall agree to the times, places, and manner of negotiations.

15.6. The acceptance of a Bid will be a notice in writing, signed by the Owner, and no other act shall constitute the acceptance of a Bid.

15.7 The Owner reserves the right to waive minor non-substantive errors in the Bid, to reject any/or all Bids, to award any Bid in whole or in part, and to award the Bid considered to be in the best interest of the Owner.

16. Qualifications of Bidders and Subcontractors.

16.1. To demonstrate their qualification to perform the Work, each Bidder shall provide with their Bid, AT THE TIME OF BID OPENING, written satisfactory evidence that the Bidder has sufficient experience, necessary capital, materials, machinery and skilled workers to complete the Work. Bidder shall complete the attached Qualification Statement and include all supporting documentation. A certified audited financial statement shall also be included in a separate envelope marked “Confidential

– Not for Public”. Bidder may submit Virginia DOT pre-qualification certification, with support documentation, in lieu of a separate financial statement. Audited financial statements shall be dated within 60 days of the bid opening and shall be prepared on forms acceptable to the Owner. The Owner may make such investigations as deemed necessary to determine the ability of the Bidder to perform the Work. The Owner's decision or judgment on these matters shall be final, conclusive and binding.

16.2 Each Bidder shall provide with their Bid, AT THE TIME OF BID OPENING, a list of all major Subcontractors who will be performing work on the Agreement. A Subcontractor is considered major if they will perform 3% or more of the contract value. Such list shall be accompanied by an experience statement with pertinent information as to similar projects and other evidence of experience and qualification for each such Subcontractor, person and organization. If the Owner, after due investigation, has reasonable objection to any proposed Subcontractor, other person or organization, the Owner may, before giving the Notice of Intent to Award, request the apparent low Bidder to submit an acceptable substitute without an increase in Bid price. If the apparent low Bidder declines to make any such substitution, the contract shall not be awarded to such Bidder, but his declining to make any such substitution will not constitute grounds for sacrificing his Bid Security. For any Subcontractors, other person or organization so listed and to whom Owner does not make written objection prior to the giving of the Notice of Award, it will be deemed the Owner has no objection.

16.3. By submitting their proposal, Bidders certify that they are not now debarred by the Federal Government or by the Commonwealth of Virginia or any other town, city, or county within the Commonwealth of Virginia, from submitting Bids on contracts for construction covered by this solicitation, nor are they an agent of any person or entity that is now so debarred.

NORFOLK AIRPORT AUTHORITY INST-7 INSTRUCTIONS TO BIDDERS

CELLPHONE WAITING LOT ISSUED FOR BID

17. Sham or Collusive Bids.

17.1. The Bids of any Bidder or Bidders who engage in collusive bidding shall be rejected. Any Bidder who submits more than one Bid in such a manner as to make it appear that the Bids submitted are on a competitive basis from different parties shall be considered a collusive Bidder.

17.2. The provisions contained in Sections 2.2-4367 through 2.2-4377, Code of Virginia, as amended, shall be applicable to all contracts solicited or entered into by Owner. By submitting their Bids, all Bidders certify that their Bids are made without collusion or fraud, and that they have not offered or received any kickbacks or inducements from any other Bidder, Supplier, manufacturer or subcontractor in connection with their Bid, and they have not conferred with any public employee having official responsibility for this procurement transaction, any payment, loan, subscription, advance, deposit of money, services or anything of more than nominal value, present or promised, unless consideration of substantially equal or greater value was exchanged.

END OF INSTRUCTIONS TO BIDDERS

NORFOLK AIRPORT AUTHORITY INST-8 INSTRUCTIONS TO BIDDERS

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NORFOLK AIRPORT AUTHORITY B-4 BID FORM

CELLPHONE WAITING LOT ISSUED FOR BID

B. ADDENDA

The undersigned acknowledges receipt of the following addenda:

Addendum No. _________________ Dated: _______________

Addendum No. _________________ Dated: _______________

Addendum No. _________________ Dated: _______________

C. We agree to enter into an Agreement with OWNER within ten (10) days of the award of same to us for the price named in our Bid.

D. It is expressly agreed by us that OWNER shall have the right to reject any and all Bids and to waive any minor non-substantive errors in the Bid and accept the Bid in OWNERS interests.

E. In default of the performance on our part of the conditions of Bid, our failure to enter into an

Agreement with OWNER within the time above set, we herewith furnish a Bid Security in the amount of $ __________________________________________________________________ , which shall be absolutely forfeited to OWNER but otherwise the said Bid Security shall be returned.

F. We agree to begin Work at any time we may be notified by the Owner, and complete all of the Work embraced in the Agreement within 90 Calendar Days;

G. The undersigned has read all sections under "Instructions to Bidders."

H. By signing the attached, the bidder certifies that a copy of the Contract Documents are in the Bidder’s possession, and that all work called for in the Contract Documents will be done in accordance with these Contract Documents. The Bidder also certifies that they will perform at least 25%___ of the work by value, and must submit, as part of the bid, a list of any sub-contractor doing work, the extent of work that will be performed and the dollar value of the work.

NORFOLK AIRPORT AUTHORITY B-5 BID FORM

CELLPHONE WAITING LOT ISSUED FOR BID

I. CONTRACTOR'S REGISTRATION AND SIGNATURE

Registered Virginia Contractor Class and No.____________________________

(NOTE: FAILURE TO INCLUDE CONTRACTOR’S REGISTRATION NUMBER IS GROUNDS FOR

REJECTION OF THE BID.)

Contractor________________________________

Signed___________________________________

Date_____________________________________

Title_____________________________________

NOTE: If Bidder is a corporation, write state of incorporation under signature.

MAILING ADDRESS AND TELEPHONE NUMBER OF BIDDER:

( ) [Telephone]

NORFOLK AIRPORT AUTHORITY B-6 BID FORM

BID FORM

Item No. Description Estimated Quantity Unit Unit Price in

Numbers Total Amount Per Item

Cellphone Waiting Lot

Cellphone Waiting Lot Construction 1 LS $ ______________ $ _________________

TOTAL AMOUNT OF BID SCHEDULE - CELLPHONE WAITING LOT

Dollars

Cents

Name of Bidder (Typed or Printed):

Signature of Bidder (Same as Proposal Form):

Title:

END OF BID SCHEDULE

Total BID SCHEDULE - CELLPHONE WAITING LOT Amount $

NORFOLK AIRPORT AUTHORITY

CELLPHONE WAITING LOT B-3.1

BID FORM

ISSUED FOR BID

NORFOLK AIRPORT AUTHORITY B-7 CERTIFICATIONS

CELLPHONE WAITING LOT ISSUED FOR BID

NONCOLLUSIVE BIDDING CERTIFICATION

NORFOLK INTERNATIONAL AIRPORT

NORFOLK, VIRGINIA

CELLPHONE WAITING LOT

STATE OF VIRGINIA

I, of the City of , in the

County of and the State of , of full age, being duly sworn according to the law on my oath depose and say that:

I am a, (Name) (Title, Position, Etc.)

of the firm of , the Bidder making the bid for the proposed project as described in this set of contract documents, and that I executed the said Bid with full authority so to do; that said Bidder has not, directly or indirectly entered into any agreement, participated in any collusion, or otherwise taken any action in restraint of free, competitive bidding in connection with the above named Project; and that all statements contained in said Bid and in this affidavit are true and correct, and made with full knowledge that the Owner relies upon the truth of the statements contained in said Bid and in the statements contained in this affidavit is awarding the Contract for the said Project.

I further warrant that no person or selling agency has been employed or retained to solicit or secure such Contract upon an agreement of understanding, for a commission, percentage, brokerage or contingent fee, except bonafide employees or bonafide established commercial or selling agencies maintained by:

(Signature of Bidder)

(Printed or Typed Name of Bidder) SEAL (if corporation)

Sworn to before me this day of, ___ _____, in the County of , State of .

(Notary Public)

NORFOLK AIRPORT AUTHORITY B-8 CERTIFICATIONS

NORFOLK AIRPORT AUTHORITY B-9 CERTIFICATIONS

CELLPHONE WAITING LOT ISSUED FOR BID

CERTIFICATE OF INSURABILITY

NORFOLK INTERNATIONAL AIRPORT

NORFOLK, VIRGINIA

CELLPHONE WAITING LOT

I hereby certify that as a Bidder for this project, I am fully aware of the Insurance Requirements for the Contractor and that by submitting this bid proposal, assure the Owner that I am able to produce the required minimum insurance coverage should I be selected to be the successful bidder.

Should I be selected to be the successful bidder and then become unable to produce the insurance coverage prior to the award of the project, I understand that my bid will be rejected and that I will forfeit by bid bond.

Date:

Countersigned By (Insurance Representative)

Date:

(Signature)

(Firm's Name)

(Title)

NORFOLK AIRPORT AUTHORITY B-10 CERTIFICATIONS

NORFOLK AIRPORT AUTHORITY B-11 CERTIFICATIONS

CELLPHONE WAITING LOT ISSUED FOR BID

DESIGNATION OF SUBCONTRACTORS & SUPPLIERS

(To Accompany Proposal)

Each bidder shall set forth below: (a) the name, the location of the place of business and license number of each subcontractor who will perform work or labor, fabricate a portion of the work or improvement according to detailed drawings in the project plans, or render service to the Contractor in or about the construction of the work in an amount in excess of one percent (1%) of the Contractor's total bid, and (b) the portion of the work which will be done by each such subcontractor. If the Contractor fails to specify a subcontractor for any portion of the work as above stated, he/she agrees to perform that work himself.

The following is submitted concerning subcontractors:

Description Percent Name: Address: License of Work of Total Subcontractor Shop, Mill or Office Number to be Done Contract____

NORFOLK AIRPORT AUTHORITY B-12 CERTIFICATIONS

NORFOLK AIRPORT AUTHORITY B-13 BID DOCUMENTS - QUALIFICATION

CELLPHONE WAITING LOT ISSUED FOR BID

BIDDERS QUALIFICATION STATEMENT

NORFOLK INTERNATIONAL AIRPORT

NORFOLK, VIRGINIA

CELLPHONE WAITING LOT

SUBMITTED BY:

Name:

(Print or Type Name of Bidder)

(A Corporation / A Partnership / An Individual / A Joint Venture) (Bidder to strike out non-applicable terms)

Address:

Contractors Virginia License No. _________________________________

The undersigned certifies under oath the truth and correctness of all statements and of all answers to questions made hereinafter.

(Note: Attach Separate Sheets as Required)

1. How many years has your organization been in business as a Contractor?

2. How many years has your organization been in business under its present name?

3. If a corporation, answer the following:

3.1 Date of incorporation

3.2 State of incorporation:

3.3 President's name:

3.4 Vice president's name(s):

3.5 Secretary's or Clerk's name:

3.6 Treasurer's name:

4. If individual or partnership, answer the following:

4.1 Date of organization:

4.2 Name and address of all partners. (State whether general or limited partnership):

5. If other than corporation or partnership, describe organization and name principals:

NORFOLK AIRPORT AUTHORITY B-14 BID DOCUMENTS - QUALIFICATION

CELLPHONE WAITING LOT ISSUED FOR BID

6. Has any construction contract to which you have been a party been terminated by the owner;

have you ever terminated a project prior to its completion for any reason; has any surety which issued a performance bond on your behalf ever completed the work in its own name or financed such completion on your behalf; has any surety expended any monies in connection with a contact for which they furnished a bond on your behalf? If the answer to any portion of this question is "yes", please furnish details of all such occurrences including name of owner, architect or engineer, and surety, and name and date of project.

7. Has any officer or partner of your organization ever been an officer or partner of another organization that had any construction contract terminated by the owner; terminated work on a project prior to its completion for any reason; had any surety which issued a performance bond complete the work in its own name or financed such completion; or had any surety expend any monies in connection with a contract for which they furnished a bond? If the answer to any portion of this question is "yes", please furnish details of all such occurrences including name of owner, architect or engineer, and surety, and name and date of project.

8. List name and construction experience of the principal individuals of your organization.

9. List the states and categories of construction in which your organization is legally qualified to do business.

10. List name, address and telephone number of an individual who represents each of the following

NORFOLK AIRPORT AUTHORITY B-15 BID DOCUMENTS - QUALIFICATION

CELLPHONE WAITING LOT ISSUED FOR BID

and whom OWNER may contact for a financial reference:

10.1 A surety

10.2 A bank:

10.3 A major potential supplier:

11. Attach a financial statement, prepared on an accrual basis, in a form which clearly indicates Bidder's assets, liabilities and net worth.

11.1 Date of financial statement

11.2 Name of firm preparing statement:

12. Attach separately, in an organized manner the experience requirements for Prime Contractor and Subcontractors, as listed under the Instructions to Bidders and General Provision Section 20-02.

this day of , _______

(Print or Type Name of Bidder)

By:

Title:

(Seal, if corporation)

NORFOLK AIRPORT AUTHORITY B-16 BID DOCUMENTS - QUALIFICATION

NORFOLK AIRPORT AUTHORITY AWARD-1 NOTICE OF INTENT TO AWARD

CELLPHONE WAITING LOT ISSUED FOR BID

NOTICE OF INTENT TO AWARD

THIS NOTICE OF INTENT TO AWARD made this day of __________, 2024, by the Norfolk Airport Authority, hereinafter called the OWNER, to ____________________________, herein after called the CONTRACTOR, is for the completion of a certain project described as: Cellphone Waiting Lot for the use and benefit of the Owner as shown on the plans and described in the contract documents and technical specifications as prepared by:

Kimley-Horn and Associates, Inc.

4525 Main Street, Suite 1000 Virginia Beach, Virginia 23462

The project consists of the construction of an 84 space Cellphone Waiting parking lot North of Parking Garage A.

The consideration to be paid by the Owner to the Contractor for completion of the project in accordance with the contract documents is the sum of _____________________________________________

Commencement of work under this contract shall begin on the dates and be completed within the time allowances described in the Special Provisions unless otherwise subsequently agreed.

OWNER: Norfolk Airport Authority CONTRACTOR: _________________________

By: By: ___________________________________ Name Name

Signature Signature

Title Title

Date Date

NORFOLK AIRPORT AUTHORITY AWARD-2 NOTICE OF INTENT TO AWARD

This Page Intentionally Left Blank

Airport’s Initials: ________ CELLPHONE WAITING LOT Contractor’s Initials: ________ NORFOLK INTERNATIONAL AIRPORT

STANDARD CONTRACT

WITH NORFOLK AIRPORT AUTHORITY

This Contract, dated this ___________ day of_____________, 2024, between the Norfolk Airport Authority (the “AIRPORT”) and _________________________________ (“CONTRACTOR”) is binding between these parties as of the date of the Airport’s signature.

RECITALS:

1. Addresses: The legal addresses for the AIRPORT and CONTRACTOR, to be used as the addresses for delivery of Notices and other Project Documents are as follows:

AIRPORT:

Attn:

Project Manager: Ashley Sumner P. E.

Address: 2200 Norview Avenue City, State, Zip: Norfolk, Virginia 23518-5807

Telephone: (757) 857-3351 Facsimile: (757) 857-3265

CONTRACTOR:

Business Entity: ___________________ Attn: ___________________

Address: ___________________ City, State, Zip: ___________________

State of Formation: ___________________ Telephone: ___________________

Facsimile:

Va. License #: ___________________

FEIN/SSN:

STANDARD CONTRACT WITH NORFOLK AIRPORT AUTHORITY

Airport’s Initials: _______ CELLPHONE WAITING LOT Contractor’s Initials: ________ NORFOLK INTERNATIONAL AIRPORT

2. The Project is identified as:

Project Title: CELLPHONE WAITING LOT

General Project Description:

The Work under this Project consists of the construction of an 84 space Cellphone Waiting parking lot North of Parking Garage A.

3. After competitive sealed bidding pursuant to the requirements of the Virginia Public Procurement Act, Va. Code § 2.2-4302.1 (VPPA), CONTRACTOR was awarded this Contract to perform the Work described by the Contract Documents for the above-described project (the “Project”).

THEREFORE, in consideration of the Recitals set forth above, and good and valuable consideration as set forth below, the parties agree as follows:

1.0 STATEMENT OF WORK: CONTRACTOR will furnish all labor, equipment, and materials and perform all work for the Project in strict accordance with the Contract Documents (the “Work”).

CONTRACTOR agrees that the compensation provided for in Section 4, below, represents adequate and sufficient compensation for its timely performance of the Work, whether or not specific components of the Work are individually listed or referred to in this Contract, the only exceptions being: (1) the cost of those services that are provided by third parties and that are expressly designated herein as being “the Airport’s responsibility” or “Airport-provided”; and (2) the cost of additional work that becomes necessary as a result of an Airport-directed change in Project scope affecting CONTRACTOR (and that is the subject of a written agreement for Additional Services between the Airport and CONTRACTOR).

2.0 CONTRACT DOCUMENTS: This Contract will consist of this document, including subsequent change orders and modifications, and the documents identified as Appendices in Section 10, all of which are incorporated herein by reference (collectively, the “Contract Documents”).

3.0 TIME FOR COMPLETION: The Work will be commenced on a date to be specified by the Notice to Proceed from the AIRPORT and will be Substantially Completed within 90 calendar days or not later than the Contract Completion Date which is ____________. The Work will be Finally Completed within fourteen (14) days after the date of Substantial Completion of the Work.

4.0 COMPENSATION TO BE PAID TO CONTRACTOR: The AIRPORT agrees to pay and CONTRACTOR agrees to accept as just and adequate compensation for the performance of the

Airport’s Initials: _______ CELLPHONE WAITING LOT Contractor’s Initials: ________ NORFOLK INTERNATIONAL AIRPORT

Work in accordance with the Contract Documents the sum of ______________________, ($__________). The timing and manner of payments to Contractor are governed by Section 33 of the General Terms & Conditions, if applicable, or otherwise as follows: See Section 33 of the General Terms & Conditions.

5.0 CONTRACTOR’S WARRANTIES: CONTRACTOR represents and warrants that it is financially solvent, able to pay its debts as they become due, and possesses sufficient working capital to perform its obligations under this Contract and under the Contract Documents.

CONTRACTOR further represents, warrants, and acknowledges that: (a) it is a sophisticated business entity that possesses a high level of experience with projects of similar or like size, complexity, and nature to the Project; (b) the AIRPORT is relying on CONTRACTOR’S representation herein that it possesses sufficient skill, knowledge, experience, and ability to fully perform its obligations under this Contract; (c) CONTRACTOR will assign to this Project qualified individuals, managing those individuals as needed to guarantee the quality of performance; and (d) the compensation provided for herein is adequate compensation for timely performance of the CONTRACTOR’s obligations under the Contract.

CONTRACTOR warrants that its Work will conform to all applicable federal, state, and local statutes and regulations governing the Project and the Work. CONTRACTOR agrees and acknowledges that this duty is non-delegable––and in the event CONTRACTOR is performing professional services, that by signing drawings or preparing Construction Documents to submit for purposes of obtaining building and other governmental permits, will be deemed to certify that it has taken every reasonable measure to ascertain what codes apply to the Project and has applied them accordingly. Nothing in this Contract will be construed to eliminate or diminish CONTRACTOR’S responsibility for compliance of its Work with local, state, and federal statutes and regulations, including but not limited to those that relate to hazardous materials, restrictions or development of wetlands, and accessibility for the disabled or physically challenged.

6.0 Not used.

7.0 NON-DISCRIMINATION AND DRUG FREE WORKPLACE: Va. Code §§ 2.2-4310, 4311,

4311.1 and 4312 apply to this Contract, and CONTRACTOR agrees to strictly comply in all respects with the requirements outlined in these provisions throughout the Project.

8.0 MODIFICATION OR AMENDMENT: No amendment, change or modification of this Contract will be valid unless in writing signed by the parties hereto. The requirements of Va. Code § 2.2-4309 apply to any modifications or amendments to this Contract.

9.0 ENTIRE UNDERSTANDING: This document and any exhibit attached or documents incorporated by reference constitute the entire understanding and agreement of the parties, and any

Airport’s Initials: _______ CELLPHONE WAITING LOT Contractor’s Initials: ________ NORFOLK INTERNATIONAL AIRPORT and all prior agreements, understandings, and representations are hereby terminated and canceled in their entirety and are of no further force and effect. Names or headings of any section, article, or clause and the location of any section, article, or clause will not be construed so as to limit or restrict the purpose or intent thereof.

10.0 APPENDICES: (Strikethrough and initial those that do not apply)

11.0 DEFINITIONS

Whenever used in these General Terms & Conditions (“General Conditions”) or in the Contract Documents, the following terms have the meanings indicated, which are applicable to both the singular and plural and the male and female gender thereof:

Airport or Owner: The Norfolk Airport Authority. For purposes of the Contract, the term “Owner” will include the Airport, whether the Airport owns the site or the building.

Architect, Engineer, Architect/Engineer or A/E: The term used to designate the Architect and/or the Engineer that contracts with the Airport to provide the Architectural and Engineering services for the Project. The A/E is a separate contractor and is an agent of the Airport for the Project. The term includes any associates or consultants employed by the A/E to assist in providing the A/E services.

Contractor: If this Contract is a contract for professional services, then the term “Contractor” will mean the A/E; otherwise, the term “Contractor” will mean the Contractor.

Beneficial Occupancy: The condition after Substantial Completion but prior to Final Completion of the Project at which time the Project, or portion thereof, is sufficiently complete and systems operational such that the Airport could, after obtaining necessary approvals and certificates, occupy and utilize the space for its intended use. Guarantees and warranties applicable to that portion of the Work begin on the date the Airport accepts the Project, or a portion thereof, for such Beneficial Occupancy, unless otherwise specified in the Supplemental General Conditions or by separate agreement.

Airport’s Initials: _______ CELLPHONE WAITING LOT Contractor’s Initials: ________ NORFOLK INTERNATIONAL AIRPORT

Change Order: A document issued on or after the effective date of the “Standard Contract with Norfolk Airport Authority”, which is agreed to by Contractor and approved by the Airport, and which authorizes an addition, deletion or revision in the Work, including any adjustment in the Contract Price and/or the Contract Completion Date. If this is a contract for construction, the term Change Order will also include written orders to proceed issued pursuant to Section 32 (A)(iii). A Change Order, once signed by all parties, is incorporated into and becomes a part of the Contract.

Code of Virginia: Code of Virginia, as amended. Sections of the Code referred to herein are noted by “Va. Code § xx-xx.”

Construction: The term used to include new construction, reconstruction, renovation, restoration, major repair, demolition and all similar Work upon buildings and ancillary facilities, including any draining, dredging, excavation, grading or similar Work upon real property.

Contract: The “Standard Contract with Norfolk Airport Authority” hereinafter referred to as the “Contract.”

Contract Completion Date: The date by which the Work must be substantially complete. The Contract Completion Date is customarily established in the Notice to Proceed, based on the Time for Completion.

In some instances, however, the Contract contains a mandatory Contract Completion Date, which will be stated in the Invitation for Bid.

Contract Documents: The Contract and any documents expressly incorporated therein. Such incorporated documents customarily include the bid or proposal submitted by Contractor, these Standard Terms and Conditions for All Contracts, General Conditions, any Supplemental General Conditions, any Special Conditions, the plans and the specifications, and all modifications, including addenda and subsequent Change Orders.

Contract Price: The total compensation payable to Contractor for performing the Work, subject to modification by Change Order.

Contractor: The person with whom the Airport enters into a contractual agreement to perform Work, other than Architectural or Engineering Services.

Day(s): Calendar day(s) unless otherwise noted.

Defective: An adjective which, when modifying the word Work, refers to Work that in the sole discretion of the Airport is considered unsatisfactory, faulty, deficient, does not conform to the Contract Documents or does not meet the requirements of inspections, standards, tests or approvals required by the Contract Documents, or in the case of contracts for construction, Work that has been damaged prior to the A/E’s recommendation of final payment (unless responsibility for the protection thereof has been assumed by the Airport at Substantial Completion or Beneficial Occupancy).

Drawing: A page or sheet of the Plans which presents a graphic representation, usually drawn to scale, showing the technical information, design, location, and dimensions of various elements of the Work. The graphic representations include, but are not limited to: plan views, elevations, transverse and longitudinal sections, large and small scale sections and details, isometrics, diagrams, schedules, tables and/or pictures.

Emergency: Any unforeseen situation, combination of circumstances, or a resulting state that poses imminent danger to health, safety, life or property.

Airport’s Initials: _______ CELLPHONE WAITING LOT Contractor’s Initials: ________ NORFOLK INTERNATIONAL AIRPORT

Final Completion…