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HomeMy WebLinkAbout05/19/2020 04G Rehabilitation of Runway 9/27 High Intensity Runway Edge Lights and Asphalt Maintenance - Road Products, Inc. t„nxtitngtj kad �d E$A dot aY BUSINESS OF THE CITY COUNCIL YAKIMA, WASHINGTON AGENDA STATEMENT Item No. 4.G. For Meeting of: May 19, 2020 ITEM TITLE: Resolution authorizing an agreement with Road Products, Inc. to rehabilitate Runway 9/27 High Intensity Runway Edge Lights and to perform asphalt maintenance at the Yakima Air Terminal-McAllister Field SUBMITTED BY: Robert K. Peterson,Airport Director, 509-575-6149 SUMMARY EXPLANATION: In 2015, Council adopted the Airport Master Plan, which identified a list of Capital Improvement Projects at the Yakima Air Terminal-McAllister Field. Runway 9/27 is the airport's primary runway that receives 95% of all aircraft traffic and has received minor asphalt repairs since the last mill and overlay in 2010. This project will replace the runway's High Intensity Runway Edge Lights with state-of-the-art LED lights, crack and fog seal the asphalt, install new runway markings, and relocate a windsock outside the Runway Safety Area in order to meet Federal Aviation Administration safety standards. In 2019, airport staff met with J UB Engineering, Inc. to determine a scope of work and any impacts to aircraft operations during the proposed construction in 2020. During these initial discussions, staff provided the airline partners and tenants with notice that the primary runway would be closed during a designated time in August 2020 as required by the Federal Aviation Administration to perform the required construction activities. Initial discussions on how to safely implement construction activities with minimizing impacts to airline passengers requires a six day runway closure beginning August 24th through August 29t�', 2020. During this time frame, airlines will not be able to service the community and have since cancelled all flights. Funding for this project will be provided in the form of a grant administered by the Federal Aviation Administration through the Airport Improvement Program. Given the recent passage of the CARES Act, this grant will be funded 100% by the federal government. ITEM BUDGETED: Yes STRATEGIC PRIORITY: Public Safety APPROVED FOR SUBMITTAL BY THE CITY MANAGER 2 RECOMMENDATION: Adopt Resolution ATTACHMENTS: Description Upload Date Type D Resolution 4%2117020 Rev)Winn D Contract Farm 5/7,20at Central D Bid Specifications 5712020 Backup Material 3 RESOLUTION NO. R-2020- A RESOLUTION authorizing an agreement with Road Products, Inc. to rehabilitate Runway 9/27 High Intensity Runway Edge Lights and to perform asphalt maintenance at the Yakima Air Terminal-McAllister Field. WHEREAS, the City owns and operates Yakima Air Terminal-McAllister Field in accordance with applicable Federal, State and Local regulations; and WHEREAS, in 2019, the Federal Aviation Administration (FAA) and the Yakima Air Terminal- McAllister Field identified the need to rehabilitate the airport's Runway 9/27 High Intensity Runway Edge Lights and perform general asphalt maintenance in order to increase safety measures for commercial, corporate, and General Aviation aircraft that operate at the Yakima Air Terminal-McAllister Field as well as to preserve the runway surface; and WHEREAS, the Yakima Air Terminal-McAllister Field advertised the need to rehabilitate Runway 9/27 High Intensity Runway Edge Lights and perform general asphalt maintenance under a competitive bidding process and received two (2) bids that were thoroughly evaluated; the airport has identified a lowest responsive and responsible bidder and has provided a letter of recommendation to the FAA to award the bid; and WHEREAS, on March 17, 2020 City Council authorized the City Manager to apply for federal assistance through the FAA's Airport Improvement Program and it is anticipated such funds will be available in June 2020; and WHEREAS, with the anticipated receipt of the FAA funds and approval to award the bid to the lowest responsive and responsible bidder in place, the City of Yakima is now ready to enter into the contract with Road Products, Inc., attached hereto and incorporated herein by this reference, to rehabilitate the Runway 9/27 High Intensity Runway Edge Lights and perform general asphalt maintenance; and WHEREAS, the City Council has determined that approval of said agreement will promote the purposes of the Yakima Air Terminal-McAllister Field, will promote increased aviation safety as well as provide for the general health, safety and welfare of the citizens and is therefore in the best interests of residents of the City of Yakima; Now, Therefore BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF YAKIMA: The City Manager is hereby authorized and directed to execute and administer the attached and incorporated construction agreement with Road Products, Inc. to rehabilitate the Runway 9/27 High Intensity Runway Edge Lights and perform general asphalt maintenance for the Yakima Air Terminal- McAllister Field. ADOPTED BY THE CITY COUNCIL this 19'h day of May, 2020. ATTEST: Patricia Byers, Mayor Sonya Clear Tee, City Clerk 4 CITY OF YAKIMA YAKIMA AIR TERMINAL—MCALLISTER FIELD RUNWAY 9/27 PAVEMENT MAINTENANCE AND HIRL PROJECT AIP#3-53-0089-045-2020 CONTRACT FORM THIS AGREEMENT, made the day of , 2020, by and between, Road Products,Inc.hereinafter called the"CONTRACTOR," and the City of Yakima hereinafter called the "OWNER". WITNES SETH:That the CONTRACTOR and the OWNER,for the consideration hereinafter named, agree as follows: ARTICLE 1: SCOPE OF WORK: The CONTRACTOR shall furnish all labor, tools, materials, equipment and supplies required for the Runway 9/27 Pavement Maintenance and HIRL Project in accordance with the Contract Documents,plans and specifications for AIP No. 3-53-0089-045-2020. The approximate quantities of work are shown in the Bid Proposal bound in this document. ARTICLE 2: TIME OF COMPLETION: The work to be performed under this Contract shall be commenced on the date specified in the Notice to Proceed, and shall be completed within 6 Calendar Days. The CONTRACTOR agrees to pay,as liquidated damages,the following sums: Schedule Liquidated Damages Cost Allowed Construction Time Phase 1A Up to $1,820 per 15-minute block(or part 5 calendar days thereof)for delay in scheduled airline flight caused by Contractor's operations and failure to open runway on time. --or-- Up to $24,300 per cancellation of scheduled commercial flight Phase 1B Up to $1,820 per 15-minute block(or part 1 calendar day thereof)for delay in scheduled airline flight caused by Contractor's operations and failure to open runway on time. --or-- $24,300 per cancellation of scheduled commercial flight Phase 2A Up to $450 per hour Three(3) 6-hour windows concurrent with Phase 1A Phase 2B Up to $450 per hour One(1) 6-hour window concurrent with Phase 1B for each consecutive Calendar day thereafter, the work remains uncompleted. The time for completion shall include the time necessary to order and procure materials. The CONTRACTOR may not begin actual field installation of work until he can demonstrate that all materials are available and weather conditions will allow completion of any work such as pavement repairs. The intent is to reduce the impact to airport operations and 70-19-010/Yakima Air Terminal—McAllister Field J-U-B Master Revision Date 02-19 5 CITY OF YAKIMA YAKIMA AIR TERMINAL—MCALLISTER FIELD RUNWAY 9/27 PAVEMENT MAINTENANCE AND HIRL PROJECT AIP#3-53-0089-045-2020 field engineering time. The CONTRACTOR shall present a project schedule prior to field installations, to ensure progressive completion. ARTICLE 3: THE CONTRACT SUM: The OWNER shall pay the CONTRACTOR for the performance of the Contract, subject to additions and deductions provided therein,in current funds an amount equal to the estimated total bid, including tax, as provided in the Bid Schedule of Items and Prices, as follows: One Million Two Hundred Fifty Seven Thousand Four Hundred Four Dollars and Eighty Cents($1,257,404.80) ARTICLE 4: PARTIAL PAYMENT: The OWNER will make payment on account to the CONTRACTOR as provided therein, as follows: Within 30 calendar days of the end of the previous month in which work was completed, One Hundred percent(100%)of the value,based on the contract price,of labor incorporated in the work as estimated by the ENGINEER, less the aggregate of previous payments,will be due the CONTRACTOR. Partial payments to the Contractor will not be made until approved Intent to Pay Prevailing wages have been filed and approved.Partial Payments will not be made if there are any outstanding Certified Payrolls or No Work Performed Notices (NWP). Payrolls and NWP are required to be submitted to the Engineer within 10 days of Payroll Affidavits. ARTICLE 5: ACCEPTANCE AND FINAL PAYMENT: Upon due notice from the CONTRACTOR of presumptive completion of the entire project, the ENGINEER and OWNER will make an inspection. If all construction provided for and contemplated by the contract is found to be completed in accordance with the contract, plans, and specifications, such inspection shall constitute the final inspection. The ENGINEER shall notify the CONTRACTOR in writing of physical or substantial completion as of the date of the final inspection. Prior to Project Acceptance and preparation of necessary State Notices, the CONTRACTOR shall submit evidence,satisfactory to the ENGINEER,that all Intents and Affidavits,payrolls,material bills,taxes and other indebtedness connected with the work have been submitted,filed and/or paid. The entire balance found to be due the CONTRACTOR, including the retained percentage shall be paid to the CONTRACTOR within thirty(30)days after all Washington State Clearances have been received by the Owner or the date of acceptance by the OWNER. The making and acceptance of the final payment shall constitute a waiver of all claims by the OWNER, other than those arising from unsettled liens,from faulty work appearing after final payment, or from requirements of the specifications, and of all claims by the CONTRACTOR, except those previously made and still unsettled. If, after the work has been substantially completed,full completion thereof is materially delayed through no fault of the CONTRACTOR, and the ENGINEER so confirms,the OWNER shall,upon a verification of the ENGINEER, and without terminating the contract, make full payment of the balance due for that portion of the work fully completed and accepted. Such payment shall be made under the terms and conditions governing partial acceptance, except that it shall not constitute a waiver of claims. 70-19-010/Yakima Air Terminal—McAllister Field J-U-B Master Revision Date 02-19 6 CITY OF YAKIMA YAKIMA AIR TERMINAL—MCALLISTER FIELD RUNWAY 9/27 PAVEMENT MAINTENANCE AND HIRL PROJECT AIP#3-53-0089-045-2020 CONTRACT FORM (Continued) ARTICLE 6: THE CONTRACT DOCUMENTS: The Invitation for Bid, Information for Bidders, Bid Proposal, FAA General Provisions, Federal Contract Clauses, Specifications for Construction, Additional Special Provisions, Appendices, and Plans, together with this Agreement, form the Contract, and they are as fully a part thereof and hereof as if hereto attached or herein repeated. All workers shall be paid the higher of the State or Federal Prevailing Wage Rate. The CONTRACTOR and all subcontractors will submit Intent to Pay Prevailing Wages and an Affidavit of Wages Paid,at appropriate times. The Federal Wage Determination(s) and the State Prevailing Wage Rates are included with this contract in Sections 5 and 6. It is the responsibility of the CONTRACTOR and all subcontractors to verify and ascertain that all worker classifications required for this project are included in Federal and State Wage rates prior to bid. The Contractor further agrees that they will notify the Engineer immediately of any missing classifications.The Contractor is responsible for any additional wages as the result of any Wage Conformance undertaken. ARTICLE 7: FEDERAL CONTRACT CLAUSES: The CONTRACTOR agrees by signing this contract,to certify and comply with all Federal regulations, clauses and certifications stipulated within these contract documents. 49 CFR Part 26 provides that each contract the OWNER enters into with a CONTRACTOR (and each subcontract the contractor signs with a subcontractor) shall include the following assurance: "The CONTRACTOR and its subcontractors shall not discriminate on the basis of race color, national origin, or sex in the performance of this contract. The CONTRACTOR shall carry out applicable requirements of 49 CFR Part 26 in the award and administration of Department of Transportation(DOT) assisted contracts. Failure by the CONTRACTOR to carry out these requirements is a material breach of this contract, which may result in the termination of this contract or such other remedy as the recipient deems appropriate" ARTICLE 8: QUANTITIES AND ADDITIONAL WORK: The OWNER reserves the right to increase or decrease any quantities shown in the Bid Schedule,and the CONTRACTOR agrees to perform additional work at the unit price bid for all increases, or deduct for any decreases in the unit price bid. IN WITNESS WHEREOF,the parties hereto have executed this Agreement the day and year first above written. CONTRACTOR OWNER 70-19-010/Yakima Air Terminal—McAllister Field J-U-B Master Revision Date 02-19 7 ............................................................................................................................................................................................................................................................ YAKIMA AIR TERMINAL MCALLISTER FIELD Yakima, Washington FIB VP *AM ............................................................................................................................................................................................................................................................ Runway 9/27 Pavement Maintenance & Fu RL Project t Project No: 3-53-0089-045-2020 April 2020 ............................................................................................................................................................................................................................................................ Prepared by J-U-B ENGINEERS, Inc. (*RIB 422 W Riverside Ave. Suite 304 Spokane, WA 99207 509-458-3727 J.U.B.ENGINEERS, INC. ............................................................................................................................................................................................................................................................ 8 YAKIMA AIR TERMINAL McALLISTER FIELD Yakima, Washington ............................................................................................................................................................................................................................................................ Runway 9/27 Pavement Maintenance & HIRI Project Project No: -0089-045-2020 -2 2 April 2 2 ............................................................................................................................................................................................................................................................ r i -! .fir ST . • 'ONAL 4.0 NOTICE AND DISCLAIMER THE PLANS AND/OR SPECIFICATIONS(DOCUMENTS)ARE THE PROPERTY OF J-U-B ENGINEERS,INC.("1-U-B")AND BY USING THE DOCUMENTS YOU AGREE TO BE BOUND BY THE TERMS AND CONDITIONS II' THIS NOTICE AND DISCLAIMER. THE USE OF THE DOCUMENTS CREATES NO DUTY IN CONTRACT,TORT,EQUITY OR OTHERWISE OF J-U-B TO THE USER. THE USER SHALL NOT(I)DISSEMINATE THE DOCUMENTS,OR ANY PART THEREOF,TC OTHERS WITHOUT THE WRITTEN CONSENT OF J-U-B,OR(II)USE THE DOCUMENTS,OR ANY PART THEREOF,FOR ANY USE OTHER THAN AS DESIGNATED HEREIN FOR THE INTENDED PROJECT.THE DOCUMENT! ARE NOT INTENDED FOR USE IN CREATING DTM FOR GRADING OR EARTHWORK,SURVEY STAKING LAYOUT(UNLESS SPECIFICALLY IDENTIFIED AS SUCH IN THE DOCUMENTS),OR PROPERTY BOUNDAR' LAYOUTS. J-U-B AND ITS AGENTS SHALL NOT BE LIABLE FOR ANY DAMAGES OR CLAIMS ARISING OUT OF THE UNAUTHORIZED USE OR MISUSE OF THE DOCUMENTS,OR ANY PART THEREOF,WHETHER SUCH DAMAGI OR CLAIM IS BASED IN CONTRACT,TORT OR OTHERWISE.THE USER HEREBY RELEASES AND SHALL DEFEND,INDEMNIFY AND HOLD J-U-BAND ITS AGENTS HARMLESS FROM ANY DAMAGES OR CLAIMSARISIN( OUT OF,OR RELATED IN ANY WAY TO,THE USER'S UNAUTHORIZED USE OR MISUSE OF THE DOCUMENTS,OR ANY PART THEREOF. IF THE DOCUMENTS ARE PROVIDED IN ELECTRONIC FORMAT,THE ELECTRONIC DATA SOURCES OF THE DOCUMENTS ARE PROVIDED WITH NO WARRANTY OF ANY KIND,WHETHER EXPRESS OR IMPLIED INCLUDING WITHOUT LIMITATION,ANY REPRESENTATION OR WARRANTIES OF ACCURACY,QUALITY,COMPLETENESS,COMPATIBILITY WITH SYSTEMS,DRAWINGS NOT PRINTING TO SCALE,TRANSLATIOI, ERRORS,AND OTHER PROBLEMS WITH USE. Prepared by J-U-B ENGINEERS, Inc. ilrir JLJ*B 422 W. Riverside Ave. Suite 304 Spokane, WA 99201 509-458-3727 J.u.e ENGINEERS,INC. 9 TABLE OF CONTENTS CONTRACT DOCUMENTS 1 SECTION 1A- BIDDERS FORMS 2 INVITATION FOR BID 1 BIDDER'S CHECKLIST 3 INFORMATION FOR BIDDERS 4 BID SCHEDULE OF ITEMS AND PRICES 13 NON-COLLUSION DECLARATION 16 CERTIFICATION OF BIDDER REGARDING DEBARMENT 17 CERTIFICATION OF LOWER TIER CONTRACTORS REGARDING DEBARMENT 17 LOBBYING AND INFLUENCING FEDERAL EMPLOYEES 17 49 CFR Part 20 Appendix A 17 BID BOND 20 STATEMENT OF BIDDER'S PRE-QUALIFICATIONS 21 SUBCONTRACTOR LIST 24 CERTIFICATION OF OFFERER/BIDDER REGARDING TAX DELINQUENCY AND FELONY CONVICTIONS 25 BUY AMERICAN CERTIFICATION 26 TRADE RESTRICTION CERTIFICATION 28 SECTION 1B—SAMPLE CONTRACT FORMS 29 BIDDERS LIST 30 CERTIFICATION OF COMPLIANCE WITH WASHINGTON STATE WAGE STATUTES 31 NOTICE OF AWARD 32 DISADVANTAGED BUSINESS ENTERPRISES 33 LETTER OF INTENT FOR DBE PARTICIPATION 35 CONTRACT FORM 36 PERFORMANCE BOND 39 PAYMENT BOND 41 NOTICE TO PROCEED 43 ACCEPTANCE OF NOTICE 43 BIDDER'S STATEMENT ON PREVIOUS CONTRACTS SUBJECT TO EEO CLAUSE 47 NON-TRAFFICKING CERTIFICATION 50 NO WORK PERFORMED 51 REQUEST FOR INFORMATION 52 SUBMITTAL TRANSMITTAL 53 LIEN AND CLAIMS RELEASE 54 WARRANTY OF CONSTRUCTION 55 CERTIFICATE OF SUBSTANTIAL COMPLETION 56 70-19-010/Yakima Air Terminal—McAllister Field J-U-B Master Revision Date 02-19 Page TOC-1 0 SECTION 2 - FAA GENERAL PROVISIONS FAA GENERAL PROVISIONS 2-1 SECTION 10 -DEFINITION OF TERMS 2-2 SECTION 20 -PROPOSAL REQUIREMENTS AND CONDITIONS 2-8 SECTION 30 -AWARD AND EXECUTION OF CONTRACT 2-12 SECTION 40 - SCOPE OF WORK 2-14 SECTION 50 - CONTROL OF WORK 2-17 SECTION 60 - CONTROL OF MATERIALS 2-27 SECTION 70 -LEGAL REGULATIONS AND RESPONSIBILITY TO PUBLIC 2-30 SECTION 80 -PROSECUTION AND PROGRESS 2-40 SECTION 90 -MEASUREMENT AND PAYMENT 2-46 SECTION 3 - FEDERAL CLAUSES NOTICE OF REQUIREMENT FOR AFFIRMATIVE ACTION 3-1 BREACH OF CONTRACT PERMS - 49 CFR PART 18.36 3-1 TERMINATION OF CONTRACT—49 CFR PART 18.36(i)(2) 3-2 GENERAL CIVIL RIGHTS PROVISIONS 3-2 COMPLIANCE WITH NONDISCRIMINATION REQUIREMENTS 3-3 DISADVANTAGED BUSINESS ENTERPRISES—49 CFR PART 26 3-4 DAVIS BACON REQUIREMENTS - 29 CFR PART 5 3-7 FEDERAL FAIR LABOR STANDARDS ACT(FEDERAL MINIMUM WAGE) 3-10 COPELAND"ANTI-KICKBACK"ACT 3-10 TEXTING WHEN DRIVING 3-10 CONTRACT WORK HOURS & SAFETY STANDARDS ACT REQUIREMENTS 3-11 CERTIFICATION OF OFFEROR/BIDDER REGARDING DEBARMENT AND SUSPENSION3-11 CERTIFICATION OF LOWER TIER CONTRACTORS REGARDING DEBARMENT 3-11 CERTIFICATION OF OFFERER/BIDDER REGARDING TAX DELINQUENCY AND FELONY CONVICTIONS 3-12 ACCESS TO RECORDS AND REPORTS—49 CFR PART 18.36(i) 3-12 EQUAL EMPLOYMENT OPPORTUNITY—41 CFR PART 60-1.4 3-12 STANDARD FEDERAL EQUAL EMPLOYMENT OPPORTUNITY CONSTRUCTION CONTRACT SPECIFICATIONS 3-13 PROHIBITION OF SEGREGATED FACILITIES 3-17 VE 1'ERAN'S PREFERENCE—TITLE 49 U.S.C. 47112(c) 3-17 BUY AMERICAN CERTIFICATION—TITLE 49 U.S.C. 50101 3-17 LOBBYING AND INFLUENCING FEDERAL EMPLOYEES 3-20 OCCUPATIONAL SAFETY AND HEALTH ACT OF 1970 3-20 ENERGY CONSERVATION 3-20 CLEAN AIR AND WAFER POLLUTION CONTROL REQUIREMENTS 3-21 TRADE RESTRICTION CLAUSE—49 CFR PART 30.13 3-21 PROCUREMENT OF RECOVERED MATERIALS 3-22 SECTION 4-FEDERAL WAGES SECTION 5- STATE WAGE RATES 70-19-010/Yakima Air Terminal—McAllister Field J-U-B Master Revision Date 02-19 Page TOC-2 11 SECTION 6- SPECIFICATIONS FOR CONSTRUCTION 1 SPECIFICATIONS FOR CONSTRUCTION 6-1 ITEM C-105 MOBILIZATION 6-2 ITEM P-101 PREPARATION/REMOVAL OF EXISTING PAVEMENTS 6-3 ITEM P-605 JOINT SEALANTS FOR PAVEMENTS 6-6 ITEM P-608-R RAPID CURE SEAL COAT 6-10 ITEM P-620 RUNWAY AND TAXIWAY MARKING 6-18 ITEM SP-1 SAFETY 6-24 ITEM SP-2 CONSTRUCTION SURVEYING 6-28 ELECTRICAL SPECIFICATIONS 6E-1 APPENDIX A- CSPP APPENDIX B-FAA AC 150/5370-2G APPENDIX C-PLANS 70-19-010/Yakima Air Terminal—McAllister Field J-U-B Master Revision Date 02-19 Page TOC-3 12 CONTRACT DOCUMENTS 13 SECTION 1A - BIDDERS FORMS CITY OF YAKIMA 14 YAKIMAAIR TERMINAL—MCALLISTER FIELD RUNWAY 9/27 PAVEMENT MAINTENANCE AND HIRL PROJECT AIP#3-53-0089-045-2020 INVITATION FOR BID Sealed proposals will be received for the Runway 9/27 Pavement Maintenance and HIRL project, addressed to the City of Yakima, 129 N. 2nd Street,Yakima,WA98901 until 11:00 am local time on April 13,2020,and then will be publicly opened and read. Bids received after the time fixed for the opening will not be considered. A pre-bid meeting will be held at the Yakima Air Terminal — McAllister Field, 2405 W. Washington Ave., Yakima,WA 98903 at 11:00 am,local time March 31,2020 for those interested contractors,subcontractors,and suppliers. The project consists of,but is not limited to the following elements: • Replacement of Runway 9/27 high intensity incandescent runway edge/end lights (HIRL)with LED HIRLs. • Replacement of Runway 9/27 series circuit cable, complete. • Replace and relocate supplementary wind cone beyond the Runway Object Free Area(ROFA) • Crack seal, seal coat, and apply markings to Runway 9/27 pavement Plans and specifications, including bid forms and contract documents, may be examined at the following locations: Digital copies of the Bidding Documents (including any Addenda) may be obtained from QuestCDN at www.questcdn.com upon payment for the QuestCDN fee. Log on to the website and enter Quest Project #6928080 Should you need assistance with this process, please contact QuestCDN at 952-233-1632. Partial sets of Bidding Documents will not be available from the Issuing Office. Bids will only be accepted from registered planholders who have purchased a set of Plans and Contract Documents through QuestCDN. Neither Owner nor Engineer will be responsible for full or partial sets of Bidding Documents, including Addenda if any, obtained from sources other than QuestCDN. Each bid must be accompanied by a certified check, cash, cashier's check, or bid bond in an amount not less than 5%of the total bid. CIVIL RIGHTS—TITLE VI The City of Yakima 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 proposed contract is also under and subject to the following federal clauses: • Affirmative Action, • Government-wide Debarment and Suspension • Government-wide Requirements for Drug-free Workplace • Foreign Trade Restrictions • Buy American Preference • Disadvantage Business Enterprise Requirements as follows: 70-19-010/Yakima Air Terminal—McAllister Field J-U-B Master Revision Date 02-19 Page 1 CITY OF YAKIMA 15 YAKIMAAIR TERMINAL—MCALLISTER FIELD RUNWAY 9/27 PAVEMENT MAINTENANCE AND HIRL PROJECT AIP#3-53-0089-045-2020 City of Yakima is an equal opportunity and affirmative action employer. The requirements of 49 CFR part 26 apply to this contract. It is the policy of the City of Yakima to practice nondiscrimination based on race, color, sex or national origin in the award or performance of this contract. The Owner encourages participation by all firms qualifying under this solicitation regardless of business size or ownership. All required Federal Clauses including the labor provisions, and wage rates are included in the specifications and bid documents. Each bidder must supply all of the information required by the bid documents and specifications. This project includes Federal funds and is subject to the wage provisions of the Washington State Public Works Laws, Federal Davis-Bacon, and related acts. Payments to the Contractor will not be made unless Intent to Pay Prevailing Wages have been filed and approved for the Prime Contractor and all subcontractors. Each bidder shall furnish the Statement of Bidders Pre-Qualifications to the OWNER with satisfactory evidence of his competency to perform the work contemplated with the bid. The City of Yakima reserves the right to reject any and all proposals,waive any informalities, or irregularities, postpone the award of the Contract for a period not to exceed One Hundred Fifty (150) days, and accept the proposal that is in the best interest of the City of Yakima. The award of the Bid is contingent upon the receipt of Federal funding. Dated this 19th day of March, 2020. Robert K.Peterson,Airport Director Where Published Date(s)Published Yakima Herald-Republic March 23, 2020 Yakima Herald-Republic March 30, 2020 70-19-010/Yakima Air Terminal—McAllister Field J-U-B Master Revision Date 02-19 Page 2 CITY OF YAKIMA 16 YAKIMAAIR TERMINAL—MCALLISTER FIELD RUNWAY 9/27 PAVEMENT MAINTENANCE AND HIRL PROJECT AIP#3-53-0089-045-2020 BIDDER'S CHECKLIST Bids will only be accepted from those registered plan holders who have purchased a set of Plans and Contract Documents through QuestCDN. The following items shall constitute the BID PROPOSAL and shall be completed and accompany the Bid: ❑ All ADDENDA shall be acknowledged on the Bid Proposal. ❑ The BID PROPOSAL shall be filled out and signed. ❑ The BID SCHEDULE OF ITEMS AND UNIT PRICES shall be complete including the extensions. ❑ A BID BOND or CERTIFIED CHECK in the amount of five percent (5%) of the TOTAL BID including alternates shall be included. ❑ STATEMENT OF BIDDERS PRE-QUALIFICATIONS form must be completed,provide both the form and Evidence of Financial Responsibility Statement with bid. ❑ TRADE RESTRICTION CERTIFICATION must be filled out and included. ❑ CERTIFICATION OF OFFERER/BIDDER REGARDING TAX DELINQUENCY AND FELONY CONVICTIONS must be filled out and included. ❑ BUY AMERICAN CERTIFICATE must be filled out and included. Note: Within 15 calendar days of the bid opening,the low bidder must submit to the Owner a formal waiver request and required documentation that support the type of waiver being requested. ❑ THE SUBCONTRACTOR LIST must be filled out and included if there are any electrical,HVAC, and/or plumbing subcontractors . ❑ Bids will only be accepted from those registered plan holders who have purchased a set of plans and Contract Documents through QuestCDN. ❑ CERTIFICATION OF COMPLIANCE WITH WASHINGTON STATE WAGE STATUTES. Per RCW 39.04.350 the Apparent Low Bidder must verify and be able to sign the certification. Certification will be requested from the Apparent Low Bidder prior to Award All Bids shall contain the items listed above in complete form. Failure to complete and provide any of the above items may be grounds for rejection of the bid as non-responsive, at the discretion of the OWNER 70-19-010/Yakima Air Terminal—McAllister Field J-U-B Master Revision Date 02-19 Page 3 CITY OF YAKIMA 17 YAKIMAAIR TERMINAL—MCALLISTER FIELD RUNWAY 9/27 PAVEMENT MAINTENANCE AND HIRL PROJECT AIP#3-53-0089-045-2020 INFORMATION FOR BIDDERS 1. PREPARATION OF BID In addition to the requirements of Section 20 of the FAA General Provisions the following shall apply: A. Plans, Contract Documents and Specifications and any addenda are available at www.questcdn.com Project #6928080. You may download digital copies of the Bidding Documents (including any Addenda)from QuestCDN atwww.questcdn.com upon payment.Log on to the website and enter Quest Project #6928080. Should you need assistance with this process, please contact QuestCDN at 952- 233-1632. Partial sets of Bidding Documents will not be available from the Issuing Office. Bids will only be accepted from those registered QuestCDN plan holders. B. All bids must be submitted on the prescribed forms. Included in these specifications is a complete set of bid forms. Erasures or other changes in the bids must be initialed and explained or noted over the signature of the bidder. C. Bids shall be submitted in sealed envelopes bearing,on the outside,the name of the bidder,his address and the name of the project for which the bid is submitted. If forwarded by mail the sealed envelope containing the bid must be enclosed in another envelope addressed as specified. D. No bid will be accepted unless signed by the bidder or his authorized agent. E. The proposal form invites bids on definite plans and specifications. Only the amounts and information asked for in the proposal form furnished will be considered as the bid. Each bidder shall bid on the work exactly as specified and as provided in the proposal form. F. Quantities and Unit Prices: The quantities shown in the Bid Proposal are approximate for comparing bids,and no claim shall be made against the OWNER for excess or deficiency therein.Actual or relative payment at the above prices agreed upon will be in full for the completed work and will cover materials, supplies, labor,tools,machinery, and all other expenditures incidental to satisfactory compliance with the contract unless otherwise specifically provided. In the event of discrepancy between the prices quoted in the proposal the unit price shall control. The prices are to include the furnishing of all materials,plant,equipment,tools,scaffolds,and all other facilities and the performance of all labor and services necessary or proper for the completion of the work,except such as may be otherwise expressly provided in the contract documents. G. All labor,equipment,and materials required for the manufacturing and installation of this project shall be incorporated into the bid items as provided in the bid proposal. Payment for general construction items that are not listed in the Bid Proposal, but are shown or required by the Contract Documents, are indicative of the fact that the items of work not listed are considered as incidental to the bid items listed in the Bid Proposal. Unless the work to be performed is specifically called out in the Bid Proposal,measurement and payment for such work shall be included in other applicable items of the Bid Proposal. 2. QUALIFICATIONS OF BIDDER Bidders shall be qualified by experience,fmancing, equipment, and organization to do the work called for in the Contract Documents. The OWNER reserves the right to take whatever action it deems necessary to ascertain the ability of the bidder to perform the work satisfactorily in accordance with Section 20-02 of the FAA General Provisions. Only contractors registered in accordance with the Contractor's Registration Act, 70-19-010/Yakima Air Terminal—McAllister Field J-U-B Master Revision Date 02-19 Page 4 CITY OF YAKIMA 18 YAKIMAAIR TERMINAL—MCALLISTER FIELD RUNWAY 9/27 PAVEMENT MAINTENANCE AND HIRL PROJECT AIP#3-53-0089-045-2020 RCW 18.27,may bid on this project. The CONTRACTOR shall include his registration number in the bid proposal. CONTRACTOR shall provide the"Statement of Bidders Pre-Qualifications Form"at the time of Bid. 3. INTERPRETATIONS No oral interpretation will be made to any bidder as to the meaning of the Specifications, including Drawings. Neither the OWNER nor the ENGINEER will be responsible for oral interpretations. Every request for such an interpretation shall be made in writing to the ENGINEER,J-U-B ENGINEERS,Inc., 422 W.Riverside Ave. Suite 304, Spokane,WA 99201,(call 509-458-3727 for instructions).Any inquiry received seven or more days prior to the date fixed for opening of bids will be given consideration.Every interpretation made to a bidder will be in the form of an addendum to the specifications that, if issued, will be on file through QuestCDN. However, it shall be the bidder's responsibility to make inquiry as to addenda issued. All such addenda shall become part of the Contract and all bidders shall be bound by such addenda,whether or not received by the bidders. 4. BID MODIFICATION Any bid modification shall be in accordance with Section 20-12 of the General Provisions. 5. BID SECURITY Each bid must be accompanied by cashier's check, certified check, or a bid bond prepared on the form of bid bond approved,duly executed by the bidder as principal and having as surety thereon a surety company approved by the OWNER, in the amount of 5% of the bid. Such checks or bid bonds will be returned promptly after the OWNER and the accepted bidder have executed the contract, or if no award has been made within One Hundred Fifty(150) calendar days after the date of the opening of bids,upon demand of the bidder at any time thereafter, so long as he has not been notified of the acceptance of his bid. 6. LIQUIDATED DAMAGES FOR FAILURE TO ENTER INTO CONTRACT In accordance with Section 30-08 should the successful bidder fail or refuse to execute and deliver the Contract, insurance certificates and bonds required within 15 calendar days after he has received notice of the acceptance of his bid,he shall forfeit to the OWNER as liquidated damages for such failure or refusal, the security deposited with his bid. 7. EXAMINATIONS OF SITE,PRE-BID INSPECTION AND CONDITIONS OF WORK A. Bidders are encouraged to attend the pre-bid meeting,if one has been scheduled and/or visit the site of the work, compare the drawings and specifications with facilities in place and fully inform themselves of all conditions. Requests for site information and site visits shall be submitted through the ENGINEER at least seven (7) days prior to the bid opening. Failure to visit the site will in no way relieve the successful bidder from the necessity of furnishing any material or performing any work that may be required to complete work in accordance with drawings and specifications without additional cost to OWNER. B. Bidders are cautioned against unauthorized entry upon operation portions of the Airport.All requests for pre-bid site inspections shall be submitted through the ENGINEER at least seven (7) days prior to the bid opening. 70-19-010/Yakima Air Terminal—McAllister Field J-U-B Master Revision Date 02-19 Page 5 CITY OF YAKIMA 19 YAKIMAAIR TERMINAL—MCALLISTER FIELD RUNWAY 9/27 PAVEMENT MAINTENANCE AND HIRL PROJECT AIP#3-53-0089-045-2020 C. Bidders must inform themselves of the conditions relating to the project and the employment of labor thereon.Failure to do so will not relieve a successful bidder of his obligation to furnish all material and labor necessary to carry out the provisions of his contract. 8. LAWS AND REGULATIONS The bidder's attention is directed to the fact that all applicable Federal and State laws, municipal ordinances, and the rules and regulations of all authorities having jurisdiction over the project shall apply to the Contract throughout and they will be deemed to be included in the Contract the same as though herein written out in full. CONTRACTOR is directed to Section 3 - Federal Clauses for additional Federal requirements. Contractor shall comply with all federal clauses and include applicable clauses and language in their subcontracts. 9. BUY AMERICAN PREFERENCE The contractor agrees to comply with 49 USC § 50101, which provides that Federal funds may not be obligated unless all steel and manufactured goods used in AIP-funded projects are produced in the United States, unless the FAA has issued a waiver for the product;the product is listed as an Excepted Article,Material Or Supply in Federal Acquisition Regulation subpart 25.108;or is included in the FAA Nationwide Buy American Waivers Issued list. A bidder or offeror must submit the appropriate Buy American certification included herein with their bid or offer. Bids or offers that are not accompanied by a completed Buy American certification must be rejected as nonresponsive. Note: Within 15 calendar days of the bid opening, the low bidder must submit to the Owner a formal waiver request and required documentation that support the type of waiver being requested. www.faa.govlairports/aip/buv ameriean/ 10. DISADVANTAGED BUSINESS ENTERPRISES(DBE) The requirements of 49 CFR part 26 apply to this contract. It is the policy of the City of Yakima to practice nondiscrimination based on race, color, sex or national origin in the award or performance of this contract. The Owner encourages participation by all firms qualifying under this solicitation regardless of business size or ownership. The Owner has a DBE race neutral goal of 4.59%in compliance with their 49 CFR Part 26 program. The goal is not a contractual obligation, however,the Owner encourages efforts by the contractor to achieve this goal. The CONTRACTOR is directed to Section 1B of the Contract Documents as well as Section 3 —Federal Clauses for additional information and DBE forms. 11. AWARD OF CONTRACT,REJECTION OF BIDS A. The OWNER reserves the right to reject any or all bids and to waive any informalities, claims or irregularities in the bids or in the bidding whenever such rejections or waivers are in the interest of the OWNER.No bidder may withdraw his bid after the hour set for the opening thereof or before the award of contract unless the award is delayed for a period exceeding One Hundred Fifty(150)days. B. The contract will be awarded to the responsible bidder submitting the lowest total base bid and any alternates selected in accordance with Section 30-02 of the General Provisions, complying with the 70-19-010/Yakima Air Terminal—McAllister Field J-U-B Master Revision Date 02-19 Page 6 CITY OF YAKIMA 20 YAKIMA AIR TERMINAL—MCALLISTER FIELD RUNWAY 9/27 PAVEMENT MAINTENANCE AND HIRL PROJECT AIP#3-53-0089-045-2020 plans,specifications and conditions of the Contract Documents.The bidder to whom the award is made will be notified at the earliest practicable date. C. The OWNER also reserves the right to reject the bid of any bidder who has in the OWNERS opinion, previously failed to perform properly or complete on time, contracts of a similar nature;who is not in a position to perform the Contract;or who has habitually and without just cause neglected the payment of bills or otherwise disregarded his obligations to subcontractors, material vendors or employees. In determining the lowest responsible bidder,the following elements in addition to those above-mentioned will be considered: whether the business involved 1)maintains a permanent place of business; 2) has adequate equipment available to do the work properly and expeditiously; 3) has suitable fmancial resources to meet the obligations incidental to the work; and 4)has appropriate technical experience. D. Each bid schedule shall be independent and stand on its own and include all applicable costs to perform the work within the schedule to include all overhead, profit, administrative, insurance, mobilization, and bonding costs. E. An award may not be made unless sufficient funding is available. The OWNER'S administrative costs may be used as a factor in the evaluation of bids and determination of award. F. Prior to issuing a Notice of Award, CONTRACTOR shall submit a Bidder's List,DBE Participation Forms, and Certification of Nonsegregated Facilities. 12. PERFORMANCE AND PAYMENT BOND, EXECUTION OF CONTRACT A. Subsequent to the award and within fifteen(15) calendar days after the prescribed forms are presented for signature,the successful bidder shall execute a contract in such number of copies as the OWNER may require. B. Having satisfied all conditions of award as set forth elsewhere in these documents,the successful bidder shall, within the period specified above, furnish separate 100% performance and payment bonds conditioned that such person shall faithfully perform all the provisions of the Contract and pay all the laborers, mechanics and subcontractors and material vendors and all persons who shall supply such person or persons or subcontractors with supplies for the carrying on of such work. Such bonds shall bear the same date as, or a date subsequent to,the date of the Contract. C. On each such bond,the rate of premium shall be stated together with the total amount of the premium charged. The current power of attorney of the person who signs for any surety company shall be attached to such bond. The failure of the successful bidder to execute such Contract and to supply the required bonds within fifteen (15)calendar days after the prescribed forms are presented for signature,or within such extended period as the OWNER may grant based upon reasons determined adequate by the OWNER,shall constitute a default, and the OWNER may either award the Contract to the next responsible bidder or re-advertise for bids,and may charge against the bidder the difference between the amount of the bid and the amount for which a contract for the work is subsequently executed up to the amount of the Bid Bond. 13. INSURANCE COVERAGES AND LIMITS The insurance requirements as defined in subsection 70-21 of the FAA General Provisions shall provide the minimum coverages and limits. 70-19-010/Yakima Air Terminal—McAllister Field J-U-B Master Revision Date 02-19 Page 7 CITY OF YAKIMA 21 YAKIMA AIR TERMINAL—MCALLISTER FIELD RUNWAY 9/27 PAVEMENT MAINTENANCE AND HIRL PROJECT AIP#3-53-0089-045-2020 14. PHASED CONSTRUCTION Contractor is directed to the CSPP located in the Appendix of the Contract Documents 15. BID SCHEDULE The CONTRACTOR'S Bid Proposal shall include his/her bid to complete all work identified in the Contract Documents on the Bid Schedule of Items and Prices, including the Base Bid Schedule(s) and all Additive Alternate Bids as follows: • Base Bid Schedule 1—Includes all work proposed. 16. TIME OF COMPLETION The Contract for the Work shall be substantially complete within 6 calendar days as specified in Section 80-07 CONTRACTOR is specifically referred to Item P-401, Plant Mix Bituminous Pavements and P-610 Concrete (if present) for Miscellaneous Structures whereby the mix designs and ASR must be approved prior to starting construction. The intent is to reduce the impact to airport operations and field engineering time. The CONTRACTOR shall present and update their project schedule prior to field installations, to ensure progressive completion. 17. LIQUIDATED DAMAGES The CONTRACTOR agrees to pay,as liquidated damages in accordance with Section 80-08 of the General Provisions. 18. AVAILABILITY OF EXISTING BASE AND SURFACING AGGREGATE FOR REUSE Not Applicable. 19. CONTRACTOR QUALITY CONTROL PROGRAM The CONTRACTOR is directed to the FAA General Provisions and Technical Specifications which require a detailed and stringent quality control plan, program, and testing process. This program is to be accomplished independently of the OWNER'S/ENGINEER'S Quality Assurance requirements. 20. AIRPORT OPERATIONS The contractor is directed to the CSPP located in the Appendix of the Contract Documents. 21. PROJECT ACCESS The contractor is directed to the CSPP located in the Appendix of the Contract Documents. 22. WAGE RATES This project includes Federal funds and is subject to the provisions of the Washington State Public Works Law and the Federal Davis-Bacon and related acts. The CONTRACTOR and every subcontractor on the project must pay the higher of the federal prevailing wage rates or the Washington State prevailing wage rates for the project.The performance of any part of this contract shall be in accordance with the provisions of Chapter 39.12 RCW and to RCW 49 as amended and the Federal requirements outlined in Section 3, Federal Contract Clauses, included in this specification. The rules and regulations of the Department of Labor and Industries and the schedule of prevailing wage rates for the locality or localities where this 70-19-010/Yakima Air Terminal—McAllister Field J-U-B Master Revision Date 02-19 Page 8 CITY OF YAKIMA 22 YAKIMA AIR TERMINAL—MCALLISTER FIELD RUNWAY 9/27 PAVEMENT MAINTENANCE AND HIRL PROJECT AIP#3-53-0089-045-2020 contract will be performed are as determined by the Industrial Statistician of the Department of Labor and Industries. Federal Davis-Bacon and State of Washington Department of Labor Wage Rates are applicable for this project. In as much as the CONTRACTOR will be held responsible for paying the prevailing wages,it is imperative that all CONTRACTORS and all Subcontractors familiarize themselves with the classifications and current wage rates before submitting Bids based on these specifications. The Contractor and all Subcontractors are responsible for determining that the employees performing work on this job fall within one or more of the classifications listed on the attached Federal Wage Determination. If a classification is missing from the Wage Determination the Contractor MUST advise the engineer and initiate a request for approval of a proposed wage and benefit rate. The CONTRACTOR is responsible for any additional wages required as part of the wage rate conformance including subconsultants. Failure to notify the Engineer of missing classifications will not be cause for consideration for additional compensation. All Certified Payrolls must be received with 10 days of the payroll date for each week in which work was performed. For those weeks where no work was performed a No Work Performed(NWP)notice must be received within 10 of the week ending. Payments will not be made unless all Certified Payrolls or NWP have been received from the Contractor and subcontractors and an Intent to Pay Prevailing Wage has been filed and approved. Bidders shall include in the Bid any filing fees required to comply with the applicable labor laws. In case any dispute arises as to what are the prevailing rates of wages for work of a similar nature and such dispute cannot be adjusted by the parties of interest including labor and management representatives, the matter shall be referred for arbitration to the Director of the Department of Labor and Industries of the State and his decision therein shall be fmal and conclusive and binding on all parties involved in the dispute as provided for by RCW 39.12.060, as amended. 23. SUBCONTRACTS PROVIDED TO ENGINEER The contractor is directed to Section 80-01 of the FAA General Provisions, the Contractor shall provide copies of all subcontracts to the Engineer 14 days PRIOR to Subcontractors start of work. All Federal Clauses identified in Section 3 must be included verbatim in all subcontracts,inclusion by reference only is not acceptable. 24. PERMITS AND FEES The CONTRACTOR shall be responsible for all associated costs for permits, connection fees, utility addition and relocation fees, water costs, and inspection fees assessed by the City of Yakima and other private and public utilities required in the construction of the project. 25. CONTRACTORS USE OF MACHINE/COMPUTER CONTROLLED GRADE SETTING EQUIPMENT The contractor is directed to Section 50-07 of the FAA General Provisions regarding the use of Engineer provided electronic media for machine/computer controlled grade setting equipment use. Electronic Media will not be provided for reuse to the successful low bidder at time of Notice of Award. 26. SUBSURFACE INVESTIGATION The contractor is directed to Section 20-06 of the FAA General Provisions. No subsurface investigation was conducted for this project. 70-19-010/Yakima Air Terminal—McAllister Field J-U-B Master Revision Date 02-19 Page 9 CITY OF YAKIMA 23 YAKIMA AIR TERMINAL—MCALLISTER FIELD RUNWAY 9/27 PAVEMENT MAINTENANCE AND HIRL PROJECT AIP#3-53-0089-045-2020 27. SALES TAX Bidders shall include in their proposals, State and local sales tax of 8.3 percent on all work items related to the project. 28. WATER FOR CONSTRUCTION Water for construction will be coordinated with the City of Yakima. The CONTRACTOR shall provide backflow preventive apparatuses and a hydrant meter capable of measuring water by the gallon.Ameter reading will be made at the end of each work shift and reported to the Engineer. A charge rate,determined by the City of Yakima, will be assessed by the OWNER for water used by the CONTRACTOR. The CONTRACTOR may make their own arrangements for alternative sources of water for construction. 29. SUBCONTRACTORS LIST At the time of bid opening,the bidders are required to list the name and address of any electrical, HVAC, or plumbing subcontractors proposed to be employed. Failure to list subcontractors who are proposed to perform the work of HVAC(heating,ventilation,and air conditioning), and plumbing as described in Chapter 18.106 RCW and electrical as described in Chapter 19.28 RCW or naming more than one subcontractor to perform the same work will result in your bid being non-responsive and therefore void. If no subcontractor is listed the bidder acknowledges that it does not intend to use any HVAC, Plumbing, or electrical subcontractors to perform those items of work. 30. CONTRACTOR'S WASHINGTON STATE REGISTRATION NUMBER The CONTRACTOR is required to have a Washington State Registration number and provide it on the Bid Proposal Form. 31. CERTIFICATION OF COMPLIANCE WITH WASHINGTON STATE WAGE STATUTES Per RCW 39.04.35, the Apparent Low bidder will be required to submit the certification prior to Award. Bidders are advised to review the form prior to bidding and be capable of signing Certification if they are the low bidder. The Certification is located in the Sample Forms of these Contract Documents. 32. WASHINGTON STATE PUBLIC WORKS TRAINING REQUIREMENT By submitting a bid,the bidder is verifying that they meet the Public Works Training Requirement listed in RCW 39.04.350. The contractor will furnish on the proposal that they have completed the Public Works Training Course or that they are currently listed on the Public Works Training Exemption List to be allowed to bid or perform work on a public works project. 33. BID PROTEST PROCEDURE Any protest must be made in writing, signed by the protestor, and state that the Proposer is submitting a formal protest. The protest shall be filed with the City of Yakima Maria Mayhue at 129 No. 2nd St., Yakima, WA 98901, or by fax: 509-576-6394 or email to: maria.mavhue;dYakimaWA.Gov. The protest shall clearly state the specific factual and legal ground(s)for the protest, and a description of the relief or corrective action being requested. Protests based on specifications/scope of work,or other terms in the RFP shall be filed at least five (5) calendar days before the solicitations due date, and protests based on award or after the award shall be filed no less than five calendar(5) days after Award Announcement(see below for details). The following steps shall be taken in an attempt to resolve the protest with the Proposer: 70-19-010/Yakima Air Terminal—McAllister Field J-U-B Master Revision Date 02-19 Page 10 CITY OF YAKIMA 24 YAKIMA AIR TERMINAL—MCALLISTER FIELD RUNWAY 9/27 PAVEMENT MAINTENANCE AND HIRL PROJECT AIP#3-53-0089-045-2020 Step I. Purchasing Manager and Division Manager of solicitation try resolving matter with protester. All available facts will be considered and the Purchasing Manager shall issue a written decision. Step II. If unresolved,within three(3)business days after receipt of written decision,the protest may be appealed to the Department Head by the Purchasing Manager. Step III. If still unresolved,within three(3)business days after receipt of appeal, the protest may be appealed to the Executive(or his designee). The Executive shall make a fmal determination in writing to the Protester. Award Announcement Purchasing shall announce the successful Proposer via Website, e-mail,fax,regular mail, or by any other appropriate means. Once the Intent to Negotiate is released by Purchasing, the protest time frame begins. The timeframe is not based upon when the Proposer received the information,but rather when the announcement is issued by Purchasing. Award Regardless of Protest When a written protest against making an award is received, the award shall not be made until the matter is resolved,unless the City determines that one of the following applies: • The supplies or services to be contracted for are urgently required; • Delivery or performance will be unduly delayed by failure to make award promptly; • Aprompt award will otherwise be advantageous to the City. If the award is made,regardless of a protest,the award must be documented in the file,explaining the basis for the award. Written notice of the decision to proceed shall be sent to the protester and others who may be concerned. The City retains the right to enter into any contract and nothing herein shall be construed to limit that authority in any manner. 70-19-010/Yakima Air Terminal—McAllister Field J-U-B Master Revision Date 02-19 Page 11 CITY OF YAKIMA 25 YAKIMA AIR TERMINAL—MCALLISTER FIELD RUNWAY 9/27 PAVEMENT MAINTENANCE AND HIRL PROJECT AIP#3-53-0089-045-2020 BID PROPOSAL Proposal of (hereinafter called "Bidder"),organized and existing under the laws of the State of doing business as * To City of Yakima(hereinafter called the"OWNER"). In compliance with your Advertisement for Bids for the Runway 9/27 Pavement Maintenance HIRL project having examined the Drawings and Specifications with related documents and the site of the proposed Work, and being familiar with all the conditions surrounding the construction of the proposed Project, including the availability of materials and labor, hereby propose to furnish all labor, materials and supplies and to complete the Work in accordance with the Contract Documents within the time set forth therein. This price is to cover all expenses incurred in performing the Work required under the Contract Documents of which this is a part. By submission of this Bid, each Bidder certifies,and in case of a joint Bid each party thereto certifies as to his own organization, that this Bid has been arrived at independently, without consultation, communication, or agreement as to any matter relating to this Bid with any other Bidder or with any competitor. The Bidder agrees that the Work will be substantially completed within the time identified in the Instruction for Bidders after the date when the Contract Time commences to run. The Bidder accepts the provisions of the Agreement as to the liquidated damages in the event of failure to complete the Work on time. *Insert"a corporation", "a partnership", or"an individual"as applicable. 70-19-010/Yakima Air Terminal—McAllister Field J-U-B Master Revision Date 02-19 Page 12 CITY OF YAKIMA 26 YAKIMA AIR TERMINAL—MCALLISTER FIELD RUNWAY 9/27 PAVEMENT MAINTENANCE AND HIRL PROJECT AIP#3-53-0089-045-2020 BID PROPOSAL (CONTINUED) BID SCHEDULE OF ITEMS AND PRICES The bidder agrees to perform all work described in accordance with the Contract Documents, Specifications and as shown on the Plans for the following unit prices. Unit prices for all items shall be shown in both numbers and words. If a bidder's proposal contains a discrepancy between unit bid prices written in words and unit bid prices written in numbers,the unit bid price written in words shall govern. PROJECT TITLE: Runway 9/27 Pavement Maintenance and HIRL Project CONTRACTOR NAME: BASE BID SCHEDULE 1 Ite Spec. Item Est. Unit Price Total Price m No. Description Qty. Unit (Numbers and Words) (Numbers) 1 C-105-6 Mobilization 1 LS Route and Seal 2 P-605-5.1 Cracks(<1/2" 63,332 LF Width)on Grooved Surface Seal Cracks (x1/2"Width) 3 P-605-5.2 on Grooved 5,000 LF Surface Grooved Surface 4 P-605-5.3 Crack Sealing 1 LS Test Strip 5 P-608-R- Asphalt Surface 139,000 SY 8.1 Treatment Runway and 6 P-608-R- High Speed Exit 1 LS 8.2 Taxiway Friction Testing 7 P-620-5.1 Initial Markings 117,000 SF 70-19-010/Yakima Air Terminal—McAllister Field J-U-B Master Revision Date 02-19 Page 13 CITY OF YAKIMA 27 YAKIMA AIR TERMINAL—MCALLISTER FIELD RUNWAY 9/27 PAVEMENT MAINTENANCE AND HIRL PROJECT AIP#3-53-0089-045-2020 BID PROPOSAL (CONTINUED) Ito Spec. Item Est. Unit Price Total Price No Noy Description Qty. Umt (Numbers and Words) (Numbers) 8 P-620-5.2 Final Markings 117,000 SF Pavement 9 P-620-5.3 Markings 59,000 SF Removal 10 L-107-5.1 L-806 Wind 1 EA Cone demolition L-806 Wind 11 L-107-5.2 Cone and 1 EA Foundation,in place 12 L-107-5.3 Ground Rod,in 1 EA Place L-824 5kV Rwy 13 L-108-5.1 Cable- 1 LS Demolition L-824 5kV 14 L-108-5.2 Misc.Cable- 500 LF Demolition 15 L-108-5.3 L-824C skV#8, 25,000 LF Installed 16 L-110-5.1 (1)2"PVC Sch 275 LF 40,Direct Bury 17 L-110-5.2 Conduit Spot 500 LF Repair Runway 18 L-125-5.1 Edge/End Light, 81 EA Elevated 70-19-010/Yakima Air Terminal—McAllister Field J-U-B Master Revision Date 02-19 Page 14 CITY OF YAKIMA 28 YAKIMA AIR TERMINAL—MCALLISTER FIELD RUNWAY 9/27 PAVEMENT MAINTENANCE AND HIRL PROJECT AIP#3-53-0089-045-2020 BID PROPOSAL (CONTINUED) Ito Spec. Item Est. Unit Price Total Price No Noy Description Qty. Umt (Numbers and Words) (Numbers) 19 L-125-5.2 Runway Edge 11 EA Light,Flush 20 L-125-5.3 Spare Parts 1 LS 21 L-125-5.4 Labels 1 LS 22 L-125-5.5 L-867 Basecan 200 EA Thread Repair 23 L-125-5.6 L-868 Basecan 25 EA Thread Repair 24 L-125-5.7 Testing 1 LS 25 SP-1.1 Construction 1 LS Safety 26 SP-1.2 Contractor 1 LS Provided SPCD 27 SP-2.1 Construction 1 LS Surveying SUBTOTAL SALES TAX(8.3%) TOTAL BASE BID SCHEDULE 70-19-010/Yakima Air Terminal—McAllister Field J-U-B Master Revision Date 02-19 Page 15 CITY OF YAKIMA 29 YAKIMA AIR TERMINAL—MCALLISTER FIELD RUNWAY 9/27 PAVEMENT MAINTENANCE AND HIRL PROJECT AIP#3-53-0089-045-2020 BID PROPOSAL (CONTINUED) The undersigned acknowledges receipt of the following addenda: Addendum No. Date: Addendum No. Date: Addendum No. Date: NON-COLLUSION DECLARATION I,by signing the proposal,hereby declare,under penalty of perjury under the laws of the United States that the following statements are true and correct: 1. That the undersigned person(s), firm, association or corporation has (have) not, either 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 project for which this proposal is submitted. 2. That by signing the signature page of this proposal,I am deemed to have signed and to have agreed to the provisions of this declaration. 70-19-010/Yakima Air Terminal—McAllister Field J-U-B Master Revision Date 02-19 Page 16 CITY OF YAKIMA 30 YAKIMA AIR TERMINAL—MCALLISTER FIELD RUNWAY 9/27 PAVEMENT MAINTENANCE AND HIRL PROJECT AIP#3-53-0089-045-2020 BID PROPOSAL (CONTINUED) NOTICE TO ALL BIDDERS To report rigging activities call: 1-800-424-9071 The U.S. Department of Transportation (USDOT) operates the above toll-free "hotline" Monday through Friday, 8:00 a.m.to 5:00 p.m.,Eastern Time.Anyone with knowledge of possible bid rigging,bidder collusion, or other fraudulent activities should use the"hotline"to report such activities. The "hotline"is part of USDOT's continuing effort to identify and investigate highway construction contract fraud and abuse and is operated under the direction of the USDOT Inspector General. All information will be treated confidentially,and caller anonymity will be respected. CERTIFICATION OF BIDDER REGARDING DEBARMENT 2 CFR Part 180&2 CFR Part 1200 By submitting a bid/proposal under this solicitation, the bidder or offeror certifies that neither it nor its principals are presently debarred or suspended by any Federal department or agency from participation in this transaction. CERTIFICATION OF LOWER TIER CONTRACTORS REGARDING DEBARMENT The successful bidder, by administering each lower tier subcontract that exceeds $25,000 as a "covered transaction", must verify each lower tier participant of a "covered transaction" under the project is not presently debarred or otherwise disqualified from participation in this federally assisted project. The successful bidder will accomplish this by: 1. Checking the System for Award Management at website: http://www.sam.gov 2. Collecting a certification statement similar to the Certificate Regarding Debarment and Suspension(Bidder or Offeror), above. 3. Inserting a clause or condition in the covered transaction with the lower tier contract If the FAA later determines that a lower tier participant failed to disclose to a higher tier participant that it was excluded or disqualified at the time it entered the covered transaction, the FAA may pursue any available remedies, including suspension and debarment of the non-compliant participant. LOBBYING AND INFLUENCING FEDERAL EMPLOYEES 49 CFR Part 20 Appendix A The bidder or offeror certifies by signing and submitting this bid or proposal, to the best of his or her knowledge and belief,that: 1) No Federal appropriated funds have been paid or will be paid,by or on behalf of the bidder or offeror, to any person for influencing or attempting to influence an officer or employee of an agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with the awarding of any Federal contract,the making of any Federal grant,the making of any Federal loan,the entering into of any cooperative agreement,and the extension, continuation, renewal, amendment, or modification of any Federal contract,grant,loan, or cooperative agreement. 70-19-010/Yakima Air Terminal—McAllister Field J-U-B Master Revision Date 02-19 Page 17 CITY OF YAKIMA 31 YAKIMA AIR TERMINAL—MCALLISTER FIELD RUNWAY 9/27 PAVEMENT MAINTENANCE AND HIRL PROJECT AIP#3-53-0089-045-2020 BID PROPOSAL (CONTINUED) 2) If any funds other than Federal appropriated funds have been paid or will be paid to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with this Federal contract, grant, loan, or cooperative agreement, the undersigned shall complete and submit Standard Form-LLL, `Disclosure Form to Report Lobbying," in accordance with its instructions. 3) The undersigned shall require that the language of this certification be included in the award documents for all sub-awards at all tiers (including subcontracts, sub-grants, and contracts under grants, loans, and cooperative agreements) and that all sub-recipients shall certify and disclose accordingly. This certification is a material representation of fact upon which reliance was placed when this transaction was made or entered into. Submission of this certification is a prerequisite for making or entering into this transaction imposed by section 1352, title 31, U.S. Code. Any person who fails to file the required certification shall be subject to a civil penalty of not less than$10,000 and not more than $100,000 for each such failure. By submitting a bid/proposal under this solicitation,the bidder or offeror certifies that it is ❑presently on the "Public Works Training Exemption list; or ❑ Completed the required Public Works Training on • (Seal if Bid is By Corporation) SUBMITTED ON(DATE) BIDDERS SIGNATURE TYPED NAME AND TITLE COMPANY NAME MAILING ADDRESS IELEPHONE CONTRACTOR'S REVENUE TAX NUMBER CONTRACTOR'S REGISTRATION NUMBER 70-19-010/Yakima Air Terminal—McAllister Field J-U-B Master Revision Date 02-19 Page 18 CITY OF YAKIMA 32 YAKIMA AIR TERMINAL-MCALLISTER FIELD RUNWAY 9/27 PAVEMENT MAINTENANCE AND HIRL PROJECT AIP#3-53-0089-045-2020 BID PROPOSAL (CONTINUED) WA STAFF DEPT. OF LABOR&INDUSTRIES ID NO. UBI NUMBER 70-19-010/Yakima Air Terminal—McAllister Field J-U-B Master Revision Date 02-19 Page 19 CITY OF YAKIMA 33 YAKIMA AIR TERMINAL—MCALLISTER FIELD RUNWAY 9/27 PAVEMENT MAINTENANCE AND HIRL PROJECT AIP#3-53-0089-045-2020 BID BOND KNOW ALL MEN BY THESE PRESENTS,that we,the undersigned, , as Principal,and ,as Surety,a corporation duly organized under the laws of the State of ,having its principal place of business at in the State of ,and authorized to do business in the State of Washington are hereby held and firmly bound unto City of Yakima as OWNER in the penal sum of ($ ) the payment of which,well and truly to be made,we hereby jointly and severally bind ourselves,successors,and assigns. Signed this day of , 2020. The conditions of the above obligation is such that whereas the Principal has submitted to the OWNER a certain Bid, attached hereto and hereby made a part hereof to enter into a contract in writing, for the Runway 9/27 Pavement Maintenance and HIRL Project,AIP#3-53-0089-045-2020. NOW,THEREFORE,(a)if said Bid shall be rejected,or(b)if said Bid shall be accepted and the Principal shall execute and deliver a contract in the Form of Contract attached hereto (properly completed in accordance with said Bid) and shall furnish a Bond for his faithful performance of said contract, and for the payment of all persons performing labor or furnishing materials in connection therewith,and shall in all other respects perform the agreement created by the acceptance of said Bid,then this obligation shall be void,otherwise the same shall remain in force and effect;it being expressly understood and agreed that the liability of the Surety for any and all claims hereunder shall, in no event, exceed the penal amount of this obligation herein stated. The Surety, for value received, hereby stipulates and agrees that the obligations of said Surety and its Bond shall be in no way impaired or affected by any extension of the time within which the OWNER may accept such Bid;and said Surety does hereby waive notice of any such extension. IN WITNESS WHEREOF, the Principal and the Surety have hereunto set their hands and seals, and such of them as are corporations have caused their corporate seals to be hereto affixed and these presents to be signed by their proper officer,the day and year first set forth above. Principal By: Surety Countersigned: By: Resident Agent The Attorney-in-Fact(Resident Agent),who executed this Bond in behalf of the Surety Company,must attach a copy of his power-of-attorney as evidence of his authority. IMPORTANT- Surety companies executing bonds must appear on the Treasury Department's most current list (Circular 570 as amended) and be authorized to transact business in the State where the Project is located. 70-19-010/Yakima Air Terminal—McAllister Field J-U-B Master Revision Date 02-19 Page 20 CITY OF YAKIMA sa YAKIMA AIR TERMINAL—MCALLISTER FIELD RUNWAY 9/27 PAVEMENT MAINTENANCE AND HIRL PROJECT AIP#3-53-0089-045-2020 STATEMENT OF BIDDER'S PRE-QUALIFICATIONS (TO BE SUBMITTED WITH BID) All questions must be answered and the data given must be clear and comprehensive. This statement must be notarized. If necessary, questions may be answered on separate attached sheets. The Bidder may submit any additional information he desires. 1. Name of Bidder and office where project will be administered: 2. Provide evidence of financial responsibility consisting of a confidential statement or report of CONTRACTOR'S financial resources and liabilities as of the last calendar year or last fiscal year. Such statement or report shall be certified by a public accountant. Unless otherwise specified, a bidder may submit evidence that he or she is prequalified with the State Highway Division and is on the current"bidder's list" of the state in which the proposed work is located. Such evidence of State Highway Division prequalification may be submitted as evidence of financial responsibility in lieu of the certified statements or reports specified above. Evidence of financial responsibility may also be determined based on if the Bid Bond submitted is issued by a Surety,meeting the requirements of Section 30-05 of the FAA General Provisions. The Owner reserves the right to request further information deemed necessary to determine financial responsibility prior to award. Refusal to submit any further requested information within 2 business days of the request will result in rejection of the bid with no further consideration for award action. Any other form of bid security shall not be considered for evidence of financial responsibility. 3. List two or more construction projects similar in size and scope to this project that your company has completed within the past 3 years. Provide the following: a. Project Name: b. Owner Name: c. Owner Contact: d. Total Contract Amount: e. Project Duration: f. Project Superintendent: a. Project Name: b. Owner Name: c. Owner Contact: d. Total Contract Amount: e. Project Duration: f. Project Superintendent: 70-19-010/Yakima Air Terminal—McAllister Field J-U-B Master Revision Date 02-19 Page 21 CITY OF YAKIMA ss YAKIMA AIR TERMINAL—MCALLISTER FIELD RUNWAY 9/27 PAVEMENT MAINTENANCE AND HIRL PROJECT AIP#3-53-0089-045-2020 a. Project Name: b. Owner Name: Owner Contact: d. Total Contract Amount: e. Project Duration: Project Superintendent: Note: All contact information shall be verified by the CONTRACTOR to be current and correct. This Information shall include: the OWNER's name, address, phone number, the OWNER's representative,who has working knowledge of the project,their name and phone number. 4. List any projects involving your company that have involved litigation, threatened litigation, or negotiated settlements due to quality of work, contract time or other noncompliance with plans and specifications. 5. Equipment: Please list below the major pieces of equipment(owned and rented) you will commit specifically to this project. Please provide specific details. Use additional sheets if necessary. #of Description Rented Size/Capacity Units 's or Owned 70-19-010/Yakima Air Terminal—McAllister Field J-U-B Master Revision Date 02-19 Page 22 CITY OF YAKIMA 36 YAKIMA AIR TERMINAL—MCALLISTER FIELD RUNWAY 9/27 PAVEMENT MAINTENANCE AND HIRL PROJECT AIP#3-53-0089-045-2020 STATEMENT OF BIDDER'S PRE-QUALIFICATIONS (Continued) The undersigned, as a duly authorized representative of the CONTRACTOR, certifies that the information provided in this Prequalification Form is accurate as reported. The undersigned hereby authorizes and requests any person, firm, or corporation to furnish any information requested by the Owner in verification of the recitals comprising this Statement. Dated at this day of (NAME OF BIDDER) By: Title: State of ) ss. County of being duly sworn deposes and says that he is of (Name of Organization) and that the answers to the foregoing questions and all statements therein contained are true and correct. Subscribed and sworn to before me this day of (Notary Public) State of My Commission Expires 70-19-010/Yakima Air Terminal—McAllister Field J-U-B Master Revision Date 02-19 Page 23 CITY OF YAKIMA 37 YAKIMA AIR TERMINAL—MCALLISTER FIELD RUNWAY 9/27 PAVEMENT MAINTENANCE AND HIRL PROJECT AIP#3-53-0089-045-2020 SUBCONTRACTOR LIST (TO BE SUBMITTED WITH BID) Bidders are required to list the name and address of HVAC (heating, ventilation, and air conditioning), and plumbing subcontractors proposed to be employed. Failure to list subcontractors who are proposed to perform the work of HVAC(Heating,ventilation, and air conditioning), and plumbing as described in Chapter 18.106 RCW and electrical as described in Chapter 19.28 RCW will result in your bid being non-responsive and therefore void. If no subcontractor is listed below,the bidder acknowledges that it does not intend to use any subcontractor to perform those items of work Subcontractor Portion of Work Address Subcontractor Portion of Work Address Subcontractor Portion of Work Address Subcontractor Portion of Work Address Subcontractor Portion of Work Address Subcontractor Portion of Work Address Subcontractor Portion of Work Address Subcontractor Portion of Work Address Subcontractor Portion of Work Address Subcontractor Portion of Work Address Bidders are notified that in the opinion of the enforcement agency PVC or metal conduit junction boxes, etc. are considered electrical equipment and must be installed by a licensed electrical contractor, even if the installation is for future use and no wiring or electric current is connected during the project. A licensed electrical contractor must be listed to perform the work. 70-19-010/Yakima Air Terminal—McAllister Field J-U-B Master Revision Date 02-19 Page 24 CITY OF YAKIMA 38 YAKIMA AIR TERMINAL—MCALLISTER FIELD RUNWAY 9/27 PAVEMENT MAINTENANCE AND HIRL PROJECT AIP#3-53-0089-045-2020 CERTIFICATION OF OFFERER/BIDDER REGARDING TAX DELINQUENCY AND FELONY CONVICTIONS (TO BE SUBMITTED WITH BID) The applicant must complete the following two certification statements. The applicant must indicate its current status as it relates to tax delinquency and felony conviction by inserting a checkmark(0)in the space following the applicable response. The applicant agrees that, if awarded a contract resulting from this solicitation, it will incorporate this provision for certification in all lower tier subcontracts. Certifications The applicant represents that it is ( )is not k )a corporation that has any unpaid Federal tax liability that has been assessed,for which all judicial and administrative remedies have been exhausted or have lapsed, and that is not being paid in a timely manner pursuant to an agreement with the authority responsible for collecting the tax liability. The applicant represents that it is ( ) is not ( ) is not a corporation that was convicted of a criminal violation under any Federal law within the preceding 24 months. Note If an applicant responds in the affirmative to either of the above representations, the applicant is ineligible to receive an award unless the sponsor has received notification from the agency suspension and debarment official (SDO)that the SDO has considered suspension or debarment and determined that further action is not required to protect the government's interests. The applicant therefore must provide information to the owner about its tax liability or conviction to the owner, who will then notify the faa airports district office, which will then notify the agency's sdo to facilitate completion of the required considerations before award decisions are made. Term definitions Felony conviction: felony conviction means a conviction within the preceding twenty-four(24) months of a felony criminal violation under any federal law and includes conviction of an offense defined in a section of the u.s. code that specifically classifies the offense as a felony and conviction of an offense that is classified as a felony under 18 u.s.c. § 3559. Tax Delinquency: a tax delinquency is any unpaid federal tax liability that has been assessed, for which all judicial and administrative remedies have been exhausted,or have lapsed, and that is not being paid in a timely manner pursuant to an agreement with the authority responsible for collecting the tax liability. 70-19-010/Yakima Air Terminal—McAllister Field J-U-B Master Revision Date 02-19 Page 25 CITY OF YAKIMA 39 YAKIMA AIR TERMINAL—MCALLISTER FIELD RUNWAY 9/27 PAVEMENT MAINTENANCE AND HIRL PROJECT AIP#3-53-0089-045-2020 BUY AMERICAN CERTIFICATION The contractor agrees to comply with 49 USC § 50101, which provides that Federal funds may not be obligated unless all steel and manufactured goods used in AIP-funded projects are produced in the United States, unless the FAA has issued a waiver for the product; the product is listed as an Excepted Article, Material Or Supply in Federal Acquisition Regulation subpart 25.108; or is included in the FAA Nationwide Buy American Waivers Issued list. A bidder or offeror must complete and submit the Buy America certification(below)with all bids or offers on AIP funded projects. Bids or offers that are not accompanied by a completed Buy American Certification shall be rejected as nonresponsive. CERTIFICATE OF BUY AMERICAN COMPLIANCE FOR MANUFACTURED PRODUCTS As a matter of bid responsiveness,the bidder or offeror must complete,sign,date,and submit this certification statement with their proposal. The bidder or offeror must indicate how they intend to comply with 49 USC § 50101 by selecting one on the following certification statements. These statements are mutually exclusive. Bidder must select one or the other(not both)by inserting a checkmark(V) or the letter"X". ❑ Bidder or offeror hereby certifies that it will comply with 49 USC § 50101 by: a) Only installing steel and manufactured products produced in the United States, or; b) Installing manufactured products for which the FAA has issued a waiver as indicated by inclusion on the current FAA Nationwide Buy American Waivers Issued listing, or; c) Installing products listed as an Excepted Article, Material or Supply in Federal Acquisition Regulation Subpart 25.108. By selecting this certification statement,the bidder or offeror agrees: 1. To provide to the Owner evidence that documents the source and origin of the steel and manufactured product. 2. To faithfully comply with providing US domestic product 3. To furnish US domestic product for any waiver request that the FAA rejects 4. To refrain from seeking a waiver request after establishment of the contract, unless extenuating circumstances emerge that the FAA determines justified. ❑ The bidder or offeror hereby certifies it cannot comply with the 100%Buy American Preferences of 49 USC § 50101(a) but may qualify for either a Type 3 or Type 4 waiver under 49 USC § 50101(b). By selecting this certification statement,the apparent bidder or offeror with the apparent low bid agrees: 1. To the submit to the Owner within 15 calendar days of the bid opening, a formal waiver request and required documentation that support the type of waiver being requested. 2. That failure to submit the required documentation within the specified timeframe is cause for a non-responsive determination may result in rejection of the proposal. 3. To faithfully comply with providing US domestic products at or above the approved US domestic content percentage as approved by the FAA. 4. To refrain from seeking a waiver request after establishment of the contract, unless extenuating circumstances emerge that the FAA determines justified. 70-19-010/Yakima Air Terminal—McAllister Field J-U-B Master Revision Date 02-19 Page 26 CITY OF YAKIMA 40 YAKIMA AIR TERMINAL—MCALLISTER FIELD RUNWAY 9/27 PAVEMENT MAINTENANCE AND HIRL PROJECT AIP#3-53-0089-045-2020 Required Documentation Type 3 Waiver - The cost of the item components and subcomponents produced in the United States is more than 60% of the cost of all components and subcomponents of the "item". The required documentation for a type 3 waiver is: a) Listing of all product components and subcomponents that are not comprised of 100%US domestic content(Excludes products listed on the FAA Nationwide Buy American Waivers Issued listing and products excluded by Federal Acquisition Regulation Subpart 25.108; products of unknown origin must be considered as non-domestic products in their entirety) b) Cost of non-domestic components and subcomponents,excluding labor costs associated with final assembly at place of manufacture. c) Percentage of non-domestic component and subcomponent cost as compared to total"item" component and subcomponent costs, excluding labor costs associated with final assembly at place of manufacture. Type 4 Waiver—Total cost of project using US domestic source product exceeds the total project cost using non-domestic product by 25%. The required documentation for a type 4 of waiver is: a) Detailed cost information for total project using US domestic product b) Detailed cost information for total project using non-domestic product False Statements: Per 49 USC§47126,this certification concerns a matter within the jurisdiction of the Federal Aviation Administration and the making of a false,fictitious or fraudulent certification may render the maker subject to prosecution under Title 18,United States Code. Date Signature Company Name Title 70-19-010/Yakima Air Terminal—McAllister Field J-U-B Master Revision Date 02-19 Page 27 CITY OF YAKIMA 41 YAKIMA AIR TERMINAL—MCALLISTER FIELD RUNWAY 9/27 PAVEMENT MAINTENANCE AND HIRL PROJECT AIP#3-53-0089-045-2020 TRADE RESTRICTION CERTIFICATION (TO BE SUBMITTED WITH BID) By submission of an offer,the Offeror certifies that with respect to this solicitation and any resultant contract,the Offeror a. is not owned or controlled by one or more citizens of a foreign country included in the list of countries that discriminate against U.S.firms as published by the Office of the United States Trade Representative(U.S.T.R.); b. has not knowingly entered into any contract or subcontract for this project with a person that is a citizen or national of a foreign country included on the list of countries that discriminate against U.S. firms as published by the U.S.T.R;and c. has not entered into any subcontract for any product to be used on the Federal on the project that is produced in a foreign country included on the list of countries that discriminate against U.S. firms published by the U.S.T.R. 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. The Offeror/Contractor must provide immediate written notice to the Owner if the Offeror/Contractor learns that its certification or that of a subcontractor was erroneous when submitted or has become erroneous by reason of changed circumstances. The Contractor must require subcontractors provide immediate written notice to the Contractor if at any time it learns that its certification was erroneous by reason of changed circumstances. 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 an Offeror or subcontractor: (1) who is owned or controlled by one or more citizens or nationals of a foreign country included on the list of countries that discriminate against U.S. firms published by the U.S.T.R. or (2) whose subcontractors are owned or controlled by one or more citizens or nationals of a foreign country on such U.S.T.R. list or (3) who incorporates in the public works project any product of a foreign country on such U.S.T.R. list; 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. The Offeror agrees that, if awarded a contract resulting from this solicitation, it will incorporate this provision for certification without modification in in all lower tier subcontracts. The contractor may rely on the certification of a prospective subcontractor that it is not a firm from a foreign country included on the list of countries that discriminate against U.S. firms as published by U.S.T.R,unless the Offeror has knowledge that the certification is erroneous. This certification is a material representation of fact upon which reliance was placed when making an award. If it is later determined that the Contractor or subcontractor knowingly rendered an erroneous certification, the Federal Aviation Administration may direct through the Owner cancellation of the contract or subcontract for default at no cost to the Owner or the FAA. By: Title: Company 70-19-010/Yakima Air Terminal—McAllister Field J-U-B Master Revision Date 02-19 Page 28 42 SECTION 1B - SAMPLE CONTRACT FORMS CITY OF YAKIMA as YAKIMA AIR TERMINAL—MCALLISTER FIELD RUNWAY 9/27 PAVEMENT MAINTENANCE AND HIRL PROJECT AIP#3-53-0089-045-2020 BIDDERS LIST (To be submitted prior to Notice of Award) All firms bidding or quoting on subcontracts for this DOT-assisted project are listed below. Desenbe Type of E Certified Age et Firm Name Address WerkFirm DBE Firm GI Performs (Yes or No) Note: This form is not necessary if the recipient establishes a bidders list using another methodology(e.g.,statistically sound survey of firms,widely disseminated request of firms to report information to the recipient,etc.)as defined in the recipient's DBE plan. *GRS—Annual Gross Receipts Enter 1 for less than$1 million Enter 2 for more than$1 million,less than$5 million Enter 3 for more than$5 million,less than$10 million Enter 4 for more than$10 million,less trtan$15 million Enter 5 for more than$15 million. good faith effort 70-19-010/Yakima Air Terminal—McAllister Field J-U-B Master Revision Date 02-19 Page 30 CITY OF YAKIMA as YAKIMA AIR TERMINAL—MCALLISTER FIELD RUNWAY 9/27 PAVEMENT MAINTENANCE AND HIRL PROJECT AIP#3-53-0089-045-2020 CERTIFICATION OF COMPLIANCE WITH WASHINGTON STATE WAGE STATUTES (To be submitted by Apparent Low Bidder prior to Notice of Award) The bidder hereby certifies that, within the three-year period immediately preceding the bid solicitation date, that the bidder is not a"willful"violator,as defined in RCW 49.48.082,of any provision of chapters 49.46,49.48,or 49.52 RCW, as determined by a final and binding citation and notice of assessment issued by the Department of Labor and Industries or through a civil judgment entered by a court of limited or general jurisdiction. I certify under penalty of perjury under the laws of the State of Washington that the foregoing is true and correct. Bidder Name Signature of Authorized Official* Printed Name Title Date 70-19-010/Yakima Air Terminal—McAllister Field J-U-B Master Revision Date 02-19 Page 31 CITY OF YAKIMA as YAKIMA AIR TERMINAL—MCALLISTER FIELD RUNWAY 9/27 PAVEMENT MAINTENANCE AND HIRL PROJECT AIP#3-53-0089-045-2020 NOTICE OF AWARD To: Dated: PROJECT DESCRIPTION: The OWNER has considered the Bid submitted by you for the above-described Work in response to its Invitation for Bid dated , and Information for Bidders. You are hereby notified that your Base Bid has been accepted for items in the amount of ($ ) You are required by the Information for Bidders to fully execute the Agreement and furnish the required CONTRACTOR'S Performance Bond,Payment Bond and Certificates of Insurance within fifteen(15)calendar days from the date of this Notice to you,which is by If you fail to execute said Agreement and to furnish said Bonds within fifteen(15)calendar days from the date of this Notice,said OWNER will be entitled to consider all your rights arising out of the OWNER'S acceptance of your Bid as abandoned and as a forfeiture of your Bid Bond. The OWNER will be entitled to such other rights as may be granted by law. You are required to return an acknowledged copy of this NOTICE OF AWARD to the OWNER. Dated this day of ,20 OWNER By: Signature Title: ACCEPTANCE OF NOTICE OF AWARD Receipt of the NOTICE OF AWARD is hereby acknowledged by , this day of ,20 CONTRACTOR By: Signature Title: 70-19-010/Yakima Air Terminal—McAllister Field J-U-B Master Revision Date 02-19 Page 32 CITY OF YAKIMA 46 YAKIMA AIR TERMINAL—MCALLISTER FIELD RUNWAY 9/27 PAVEMENT MAINTENANCE AND HIRL PROJECT AIP#3-53-0089-045-2020 DISADVANTAGED BUSINESS ENTERPRISES Contract Assurance. The CONTRACTOR or subcontractor shall not discriminate on the basis of race, color, national origin, or sex in the performance of this contract. The CONTRACTOR shall carry out applicable requirements of 49 CFR Part 26 in the award and administration of DOT-assisted contracts. Failure by the CONTRACTOR to carry out these requirements is a material breach of this contract, which may result in the termination of this contract or such other remedy, as the recipient deems appropriate. Prompt Payment. The prime CONTRACTOR agrees to pay each subcontractor under this prime contract for satisfactory performance of its contract no later than thirty(30)days from the receipt of each payment the prime contractor receives from the recipient. Any delay or postponement of payment from the above referenced time frame may occur only for good cause following written approval of the recipient.This clause applies to both DBE and non-DBE subcontractors. Documentation. The following documentation shall be submitted as directed below: • Bidders List(Form in Section 1B Sample Forms—Submit prior to Notice ofAward • DBE Utilization Form - Submit prior to Notice ofAward • Letter of Intent for DBE Participation—Submit prior to Notice ofAward The owner has a DBE Race Neutral Goal of 4.59% in compliance with 49 CRF Part 26 Program. The CONTRACTOR is directed to provide their Intent For DBE Participation. 70-19-010/Yakima Air Terminal—McAllister Field J-U-B Master Revision Date 02-19 Page 33 CITY OF YAKIMA 47 YAKIMA AIR TERMINAL—MCALLISTER FIELD RUNWAY 9/27 PAVEMENT MAINTENANCE AND HIRL PROJECT AIP#3-53-0089-045-2020 DISADVANTAGED BUSINESS ENTERPRISE (DBE) UTILIZATION The undersigned bidder/offeror has satisfied the requirements of the bid specification in the following manner (please check the appropriate space): The bidder/offeror is committed to a minimum of %DBE utilization on this contract. The bidder/offeror (if unable to meet the DBE goal of %) is committed to a minimum of % DBE utilization on this contract and should submit documentation demonstrating good faith efforts. Name of bidder/offeror's firm: State Registration No. By 70-19-010/Yakima Air Terminal—McAllister Field J-U-B Master Revision Date 02-19 Page 34 CITY OF YAKIMA 48 YAKIMA AIR TERMINAL—MCALLISTER FIELD RUNWAY 9/27 PAVEMENT MAINTENANCE AND HIRL PROJECT AIP#3-53-0089-045-2020 LETTER OF INTENT FOR DBE PARTICIPATION (TO BE SUBMITTED PRIOR TO NOTICE OF AWARD) Name of Bidder's Firm: Address: City: State: Zip: Phone Number: Name of DBE Firm: Address: City: State: Zip: Phone Number: State Certification Number: Description of work to be performed by DBE firm: Bidder intends to utilize the above-named Disadvantaged firm for the work described above. The estimated amount of work is valued at$ . If the above-named bidder is not determined to be the successful bidder,the Letter of Intent shall be null and void. Name of DBE Firm: Address: City: State: Zip: Phone Number: State Certification Number: Description of work to be performed by DBE firm: Bidder intends to utilize the above-named Disadvantaged firm for the work described above. The estimated amount of work is valued at$ . If the above-named bidder is not determined to be the successful bidder,the Letter of Intent shall be null and void. NOTE: Use additional sheets if needed. 70-19-010/Yakima Air Terminal—McAllister Field J-U-B Master Revision Date 02-19 Page 35 CITY OF YAKIMA as YAKIMA AIR TERMINAL—MCALLISTER FIELD RUNWAY 9/27 PAVEMENT MAINTENANCE AND HIRL PROJECT AIP#3-53-0089-045-2020 CONTRACT FORM THIS AGREEMENT, made the day of , 20 , by and between, hereinafter called the "CONTRACTOR," and the hereinafter called the "OWNER". WITNES SETH:That the CONTRACTOR and the OWNER,for the consideration hereinafter named, agree as follows: ARTICLE 1: SCOPE OF WORK: The CONTRACTOR shall furnish all labor, tools, materials, equipment and supplies required for the in accordance with the Contract Documents, plans and specifications for AIP No. . The approximate quantities of work are shown in the Bid Proposal bound in this document. ARTICLE 2: TIME OF COMPLETION: The work to be performed under this Contract shall be commenced on the date specified in the Notice to Proceed, and shall be completed within Calendar Days. The CONTRACTOR agrees to pay,as liquidated damages,the following sums: ($ ) for each consecutive Calendar day thereafter, the work remains uncompleted. The time for completion shall include the time necessary to order and procure materials. The CONTRACTOR may not begin actual field installation of work until he can demonstrate that all materials are available and weather conditions will allow completion of any work such as pavement repairs. The intent is to reduce the impact to airport operations and field engineering time. The CONTRACTOR shall present a project schedule prior to field installations, to ensure progressive completion. ARTICLE 3: THE CONTRACT SUM: The OWNER shall pay the CONTRACTOR for the performance of the Contract, subject to additions and deductions provided therein,in current funds an amount equal to the estimated total bid, including tax, as provided in the Bid Schedule of Items and Prices, as follows: ($ ) ARTICLE 4: PARTIAL PAYMENT: The OWNER will make payment on account to the CONTRACTOR as provided therein, as follows: Within 30 calendar days of the end of the previous month in which work was completed, One Hundred percent(100%) of the value,based on the contract price, of labor incorporated in the work as estimated by the ENGINEER, less the aggregate of previous payments,will be due the CONTRACTOR. Partial payments to the Contractor will not be made until approved Intent to Pay Prevailing wages have been filed and approved.Partial Payments will not be made if there are any outstanding Certified Payrolls or No Work Performed Notices (NWP). Payrolls and NWP are required to be submitted to the Engineer within 10 days of Payroll Affidavits. ARTICLE 5: ACCEPTANCE AND FINAL PAYMENT: Upon due notice from the CONTRACTOR of presumptive completion of the entire project, the ENGINEER and OWNER will make an inspection. If all construction provided for and contemplated by the contract is found to be completed in accordance with the contract, plans, and specifications, such inspection shall constitute the final inspection. The ENGINEER shall notify the CONTRACTOR in writing of physical or substantial completion as of the date of the final inspection. 70-19-010/Yakima Air Terminal—McAllister Field J-U-B Master Revision Date 02-19 Page 36 CITY OF YAKIMA 50 YAKIMA AIR TERMINAL—MCALLISTER FIELD RUNWAY 9/27 PAVEMENT MAINTENANCE AND HIRL PROJECT AIP#3-53-0089-045-2020 CONTRACT FORM (Continued) Prior to Project Acceptance and preparation of necessary State Notices, the CONTRACTOR shall submit evidence,satisfactory to the ENGINEER,that all Intents and Affidavits,payrolls,material bills,taxes and other indebtedness connected with the work have been submitted,filed and/or paid. The entire balance found to be due the CONTRACTOR, including the retained percentage shall be paid to the CONTRACTOR within thirty(30)days after all Washington State Clearances have been received by the Owner or the date of acceptance by the OWNER. The making and acceptance of the final payment shall constitute a waiver of all claims by the OWNER, other than those arising from unsettled liens,from faulty work appearing after final payment, or from requirements of the specifications, and of all claims by the CONTRACTOR, except those previously made and still unsettled. If, after the work has been substantially completed, full completion thereof is materially delayed through no fault of the CONTRACTOR, and the ENGINEER so confirms, the OWNER shall, upon a verification of the ENGINEER, and without terminating the contract,make full payment of the balance due for that portion of the work fully completed and accepted. Such payment shall be made under the terms and conditions governing partial acceptance, except that it shall not constitute a waiver of claims. ARTICLE 6: THE CONTRACT DOCUMENTS: The Invitation for Bid, Information for Bidders, Bid Proposal, FAA General Provisions, Federal Contract Clauses, Specifications for Construction, Additional Special Provisions, Appendices, and Plans, together with this Agreement, form the Contract, and they are as fully a part thereof and hereof as if hereto attached or herein repeated. All workers shall be paid the higher of the State or Federal Prevailing Wage Rate. The CONTRACTOR and all subcontractors will submit Intent to Pay Prevailing Wages and an Affidavit of Wages Paid,at appropriate times. The Federal Wage Determination(s) and the State Prevailing Wage Rates are included with this contract in Sections 5 and 6. It is the responsibility of the CONTRACTOR and all subcontractors to verify and ascertain that all worker classifications required for this project are included in Federal and State Wage rates prior to bid. The Contractor further agrees that they will notify the Engineer immediately of any missing classifications.The Contractor is responsible for any additional wages as the result of any Wage Conformance undertaken. ARTICLE 7: FEDERAL CONTRACT CLAUSES: The CONTRACTOR agrees by signing this contract,to certify and comply with all Federal regulations, clauses and certifications stipulated within these contract documents. 49 CFR Part 26 provides that each contract the OWNER enters into with a CONTRACTOR (and each subcontract the contractor signs with a subcontractor) shall include the following assurance: "The CONTRACTOR and its subcontractors shall not discriminate on the basis of race color, national origin, or sex in the performance of this contract. The CONTRACTOR shall carry out applicable requirements of 49 CFR Part 26 in the award and administration of Department of Transportation(DOT) assisted contracts. Failure by the CONTRACTOR to carry out these requirements is a material breach of this contract, which may result in the termination of this contract or such other remedy as the recipient deems appropriate" ARTICLE 8: QUANTITIES AND ADDITIONAL WORK: The OWNER reserves the right to increase or decrease any quantities shown in the Bid Schedule,and the CONTRACTOR agrees to perform additional work at the unit price bid for all increases, or deduct for any decreases in the unit price bid. 70-19-010/Yakima Air Terminal—McAllister Field J-U-B Master Revision Date 02-19 Page 37 CITY OF YAKIMA 51 YAKIMA AIR TERMINAL—MCALLISTER FIELD RUNWAY 9/27 PAVEMENT MAINTENANCE AND HIRL PROJECT AIP#3-53-0089-045-2020 CONTRACT FORM (Continued) IN WITNESS WHEREOF,the parties hereto have executed this Agreement the day and year first above written. CONTRACTOR OWNER 70-19-010/Yakima Air Terminal—McAllister Field J-U-B Master Revision Date 02-19 Page 38 CITY OF YAKIMA 52 YAKIMA AIR TERMINAL—MCALLISTER FIELD RUNWAY 9/27 PAVEMENT MAINTENANCE AND HIRL PROJECT AIP#3-53-0089-045-2020 PERFORMANCE BOND KNOW ALL MEN BY THESE PRESENTS:that (Name of CONTRACTOR) (Address of CONTRACTOR) ,hereinafter called (Individual,Partnership, or Corporation) Principal, and (Name of Surety) (Address of Surety) hereinafter called Surety,are held and firmly bound unto the hereinafter called the OWNER, in the penal sum of Dollars ($ )in lawful money of the United States, for the payment of which sum well and truly to be made, we bind ourselves, successors and assigns,jointly and severally,firmly by these presents. THE CONDITION OF THIS OBLIGATION is such that whereas, the principal entered into a certain Agreement with the OWNER, dated the day of , 20 a copy of which is bound herein attached and made a part hereof for the construction of: NOW, THEREFORE, if the Principal shall well, truly and faithfully perform its duties, all the undertaking, covenants, terms, conditions, and agreements of said Agreement during the original term thereof, and any extensions thereof which may be granted by the OWNER, with or without notice to the Surety and during the one(1)year guaranty period, and if he shall satisfy all claims and demands incurred under such contract, and shall fully indemnify and save harmless the OWNER from all costs and damages that it may suffer by reason of failure to do so,and shall reimburse and repay the OWNER all outlay and expense that the OWNER may incur in making good any default, this obligation shall be void; otherwise to remain in full force and effect. PROVIDED FURTHER, that the said Surety, for value received hereby stipulates and agrees that no change, extension of time,alteration or addition to the terms of the Agreement or to the Work to be performed thereunder or the Specifications accompanying the same shall in any way affect its obligation on this Bond, and it does hereby waive notice of any such change, extension of time, alteration or addition to the terms of the Contract or to the Work or to the Specifications. 70-19-010/Yakima Air Terminal—McAllister Field J-U-B Master Revision Date 02-19 Page 39 CITY OF YAKIMA ss YAKIMA AIR TERMINAL—MCALLISTER FIELD RUNWAY 9/27 PAVEMENT MAINTENANCE AND HIRL PROJECT AIP#3-53-0089-045-2020 PERFORMANCE BOND (Continued) PROVIDED FURTHER,that no final settlement between the OWNER and the CONTRACTOR shall abridge the right of any beneficiary hereunder,whose claim may be unsatisfied. IN WITNESS WHEREOF, this instrument is executed in three (3) parts, each of which shall be deemed an original,this day of , 20 . AT TEST: Contractor Principal (Principal) Secretary By: Signature Street or P.O. Box (SEAL) City, State and Zip Code Witness as to Principal Street or P.O. Box City, State and Zip Code AT TEST: Surety (Surety) Secretary By: Signature Street or P.O. Box (SEAL) City, State and Zip Code Witness as to Surety Street or P.O. Box City, State and Zip Code NOTE: 1. Date of Payment Bond must not be prior to the date of the Agreement. (If the CONTRACTOR is a Partnership, all partners should execute the Bond.) 2. The Rate of premium of the Bond shall be stated together with the total amount of the premium charged. 3. The current power of attorney of the person who signs for any surety company shall be attached to the bond. Bond Premium $ 70-19-010/Yakima Air Terminal—McAllister Field J-U-B Master Revision Date 02-19 Page 40 CITY OF YAKIMA sa YAKIMA AIR TERMINAL—MCALLISTER FIELD RUNWAY 9/27 PAVEMENT MAINTENANCE AND HIRL PROJECT AIP#3-53-0089-045-2020 PAYMENT BOND KNOW ALL MEN BY THESE PRESENTS:that (Name of CONTRACTOR) (Address of CONTRACTOR) ,hereinafter called (Individual,Partnership, or Corporation) Principal, and (Name of Surety) (Address of Surety) hereinafter called Surety, are held and firmly bound unto the hereinafter called the OWNER, in the penal sum of Dollars($ )in lawful money of the United States, for the payment of which sum well and truly to be made, we bind ourselves, successors and assigns,jointly and severally,firmly by these presents. This bond is executed in pursuance of Chapter 39.08,Revised Code of Washington. THE CONDITION OF THIS OBLIGATION is such that whereas, the principal entered into a certain Agreement with the OWNER,dated the_day of , 20 ,a copy of which is bound herein and made a part hereof for the construction of: NOW,THEREFORE, if the Principal shall promptly make payment to all persons,firms, Subcontractors, and corporations furnishing materials for or performing labor in the prosecution of the Work provided for in such Agreement, and any authorized extension or modification thereof, including all amounts due for materials, lubricants, oil, gasoline,repairs on machinery, equipment and tools, consumed or used in connection with the construction of such Work,and all insurance premiums on said Work, and for all labor performed in such Work whether by Subcontractor or otherwise,then this obligation shall be void; otherwise to remain in full force and effect. PROVIDED FURTHER, that the said Surety, for value received hereby stipulates and agrees that no change, extension of time,alteration or addition to the terms of the Agreement or to the Work to be performed thereunder or the Specifications accompanying the same shall in any way affect its obligation to this Bond, and it does hereby waive notice of any such change, extension of time, alteration or addition to the terms of the Contract or to the Work or to the Specifications. PROVIDED FURTHER,that no final settlement between the OWNER and the CONTRACTOR shall abridge the right of any beneficiary hereunder,whose claim may be unsatisfied. 70-19-010/Yakima Air Terminal—McAllister Field J-U-B Master Revision Date 02-19 Page 41 CITY OF YAKIMA ss YAKIMA AIR TERMINAL—MCALLISTER FIELD RUNWAY 9/27 PAVEMENT MAINTENANCE AND HIRL PROJECT AIP#3-53-0089-045-2020 PAYMENT BOND (Continued) IN WITNESS WHEREOF, this instrument is executed in three (3) parts, each of which shall be deemed an original,this the day of 20 . AT TEST: Contractor Principal (Principal) Secretary By: Signature Street or P.O. Box (SEAL) City, State and Zip Code Witness as to Principal Street or P.O. Box City, State and Zip Code AT TEST: Surety (Surety) Secretary By: Signature Street or P.O. Box (SEAL) City, State and Zip Code Witness as to Surety Street or P.O. Box City, State and Zip Code NOTES: 1. Date of Payment Bond must not be prior to the date of the Agreement. (If the CONTRACTOR is a Partnership, all partners should execute the Bond.) 2. The Rate of premium of the Bond shall be stated together with the total amount of the premium charged. 3. The current power of attorney of the person who signs for any surety company shall be attached to the bond. Bond Premium $ 70-19-010/Yakima Air Terminal—McAllister Field J-U-B Master Revision Date 02-19 Page 42 CITY OF YAKIMA 56 YAKIMA AIR TERMINAL—MCALLISTER FIELD RUNWAY 9/27 PAVEMENT MAINTENANCE AND HIRL PROJECT AIP#3-53-0089-045-2020 NOTICE TO PROCEED To: Date: CONTRACTOR You are hereby notified that the Contract Time for construction of the above Project will commence to run on the day of , 20 . On that date, you are to start performing the Work and your other obligations under the Contract Documents. The date of Substantial Completion shall be no later than OWNER By: Signature Name: Title: ACCEPTANCE OF NOTICE Receipt of the above Notice to Proceed is hereby acknowledged by this day of , 20 . CONTRACTOR By: Signature Name: Title: 70-19-010/Yakima Air Terminal—McAllister Field J-U-B Master Revision Date 02-19 Page 43 CITY OF YAKIMA 57 YAKIMA AIR TERMINAL—MCALLISTER FIELD RUNWAY 9/27 PAVEMENT MAINTENANCE AND HIRL PROJECT AIP#3-53-0089-045-2020 SAFETY PLAN COMPLIANCE DOCUMENT CERTIFICATION To: Date: The CONTRACTOR hereby certifies that it has read and understands the operational safety requirements of the Construction Safety Phasing Plan(CSPP)and asserts that it will not deviate from the approved CSPP and Safety Plan Compliance Document (SPCD) unless written approval is granted by the OWNER. The CONTRACTOR further acknowledges that any construction practice proposed by the CONTRACTOR that does not conform to the CSPP and SPCD may impact the airport's operational safety and will require a revision to the CSPP and SPCD and coordination with the OWNER and the FAA in advance. CONTRACTOR By: Signature Name: Title: APPROVAL OF SAFETY PLAN COMPLIANCE DOCUMENT Receipt of the Safety Plan Compliance Document is hereby acknowledged and the contents of said documents are approved by . This day of , 20 OWNER By: Signature Name: Title: 70-19-010/Yakima Air Terminal—McAllister Field J-U-B Master Revision Date 02-19 Page 44 CITY OF YAKIMA 58 YAKIMAAIR TERMINAL-MCALLISTER FIELD RUNWAY 9/27 PAVEMENT MAINTENANCE AND HIRL PROJECT AIP#3-53-0089-045-2020 Certification Regarding Debarment,Suspension,Ineligibility and Voluntary Exclusion Lower Tier Covered Transactions This certification is required by the regulations implementing..Executive Order 12549 Dehcrtrent and Suspension,13 CFR Part 145. The regulations were published as.Part VII of the May 26,1988 Federal Register (pages 19160-19211). Copies of the regulations may be obtained by contacting the person to which this proposal is submitted (BEFORE COMPLETING CERTIFICATION,READ INSTRUCTIONS ON REVERSE) (1) The prospective lower tier participant certifies by-,Mmisslon of this roposa4 that neither it nor its principals are presently debarred,suspended,proposed for 6s6iannent deciaved ineligible or voluntarily e;<eluded from participation in this transaction by any Federal;eoartment or agency. (2) Where the prospective lower tier participant. unable to eerily to*ty of the statements In this certification, such prospective participant shall attach an expl^nation to this pi aoosal. Business Name Date Name and Title ofAuthonzed Representative Signature ofAuthohzed Representative SBA Form 1624 (12/92) fogy. 70-19-010/Yakima Air Terminal—McAllister Field J-U-B Master Revision Date 02-19 Page 45 CITY OF YAKIMA es YAKIMA AIR TERMINAL-MCALLISTER FIELD RUNWAY 9/27 PAVEMENT MAINTENANCE AND HIRL PROJECT AIP#3-53-0089-045-2020 -z- INSTRUCTIONS FOR CERTIFICATION 1 By signing and submitting this proposal the prospective lower tier participant is providing the certification set out below. 2. The certification in this clause is a material representation of fact upon which reliance was placed when this transaction was entered into.. If is later determined that the prospective lower tier participant knowingly rendered an erroneous certification,in addition to other remedies available to the Federal Government,the department or agency with which this transaction originated may pursue available remedies,including suspension and/or debarment 3. The prospective lower tier participant shall provide immediate written notice to the person to which this proposal is submtted if at any time the prospective lower tier participant learns that its certification was erroneous when submitted or has become erroneous by reason of changed circumstances. 4. The terms"covered transaction," debarred "suspended""ineligible,""lower tier covered transaction," participant,"'person, "primary covered transaction,""principal,""proposal;"and"voluntarily excluded,"as used in this clause,have the meanings set out in the Definitions and Coverage sections of the rules implementing Executive Order 12549. You may contact the person to which this proposal is submitted for assistance in obtaining a copy of those regulations.(13CFR Part 145). 5. The prospective lower tier participant agrees by submitting this proposal that,should the proposed covered transaction be entered into,it shall not knowingly enter into any lower tier covered transaction with a person who is debarred,suspended,declared inehgible,or voluntarily excluded from participation in this covered transaction,unless authorized by the department or agency with which this transaction originated. 6, The prospective lower tier participant further agrees by submitting this proposal that it will include the clause titled "Certification.Regarding Debarment,Suspension, Ineligibility and Voluntary Exclusion--Lower Tier Covered Transactions"without modification,in all lower tier covered transactions and in all solicitations for lower tier covered transactions. 7_ A participant in a covered transaction may rely upon a certification of a prospective participant in a lower tier covered transaction that is not deas it knows that the certification is erroneous. A participant may decide the method and frequency by which it determines the ineligibility of its principals. Each participant may,but is not required to,check the Nonprocurement List. 3. 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 clause The knowledge and information of a participant is not required to exceed that which is normally possessed by a prudent person in the ordinary course of business dealings. 9 Except for transactions authorized under paragraph 5 of these instructions,if a participant in a covered transaction knowingly enters into a lower tier covered transaction with a person who is suspended, debarred,ineligible,or voluntarily excluded from participation in this transaction,in addition to other remedies available to the.Federal.Government,the department or agency with which this transaction originated may pursue available remedies,including suspension and/or debarment. 70-19-010/Yakima Air Terminal—McAllister Field J-U-B Master Revision Date 02-19 Page 46 CITY OF YAKIMA 60 YAKIMA AIR TERMINAL—MCALLISTER FIELD RUNWAY 9/27 PAVEMENT MAINTENANCE AND HIRL PROJECT AIP#3-53-0089-045-2020 BIDDER'S STATEMENT ON PREVIOUS CONTRACTS SUBJECT TO EEO CLAUSE If the Bidder(Proposer)has participated in a previous contract subject to the nondiscrimination clause and has not submitted compliance reports as required by applicable instructions, the Bidder(Proposer)shall prepare and maintain on file the Standard Form 100(attached)indicating current compliance. 70-19-010/Yakima Air Terminal—McAllister Field J-U-B Master Revision Date 02-19 Page 47 CITY OF YAKIMA 61 YAKIMA AIR TERMINAL-MCALLISTER FIELD RUNWAY 9/27 PAVEMENT MAINTENANCE AND HIRL PROJECT AIP#3-53-0089-045-2020 Joint Reporting EQUAL EMPLOYMENT.OPPORTUNITY Standard 100 Committee NEV.oiaaRs • Equal Employment. o.n.e.wn.Ao<s cuov EMPLOYER INFORMATION REPORT EEO-1 FORM APPROVAL:.awarrataraimonvykrkfe retianaIn Opportunity corn-. Lek,. mission • Office of Federal Contract compli- ance Programs(Labor) `'/ Section A—TYPE OF REPORT "� t'I` Refer to instructions for number and typµ9$of reports to be filed .'x 1. indicate by marking in the appropriate box the type of reporting unit for which copy of the form is sufi {tt Bw ARK ONLY ONE BOX) s.,,•,`. x ., -es eneEmployer (1) ❑ Single-establishment Employer.Repott xC CZT1 cen ped Repod gpired} *; (3)15141eedge s Unit rt(Required) (4) ndividuai Report(submit one for each µ� vr `.sstabkshme „tent or more employees) .� (5 'y," Special Report,' ‘N` t As 2 `T 2.Total number of reports being fled by this Company(R)t4 n Consofic the Report only). Section B—COMPANY IDENTIFISID11452 be ansibkty ad employers). OFFICE 1. Parent Company 't,'�, ONLY A Name of parent company(owns o ttGlsadeffi 4tnent in 1 2).omit if same as label Address(Number and street) TIT '•'. b City or town .. @te ZIP code•t; t k ., t. fT 2. Establishment forrwhich this repoitlb fileci,tff�e as label) a. Namq of8sfab'ishment 1 ~y.r-R "' .;,' d. Address(Nunkber and street) a City or Town County State ZIP code s,•.' ram.. b. Emptoyai ffi ntifcation Noi.MNS 9-DIGIT TAX NUMBER) t, {\ c. Was an EEO-1 repo filp'dlor this establishment last year? EI Yes til No Se'eifbn C—EMPLOYERS WHO ARE REQUIRED TO FILE(To be answered by all employers) 0 Yes 0 No 1. Does the entire company have at least 100 employees in the payroll period for which you are reporting? Yes 0 No 2. Is your company affiliated through common ownership and/or centralized management with other entities in an enterprise with a total employment of 100 or more? ❑Yes d No. 3. Does the company or any of its establishments(a)have 50 or more employees 61:82(b).is not exempt as provided by 41 CFR 60-1.5,AND either(1)is a prime government contractor or first-tier subcontactor, and has a contract,subcontract,or purchase order amounting to$50,000 or more,or(2)serves as a depository of Government funds in any amount or is a financial institution which is an issuing and paying agent for U.S.Savings Bonds and Savings Notes? if the response to question C-3 is yes,please enter your Dun and Bradstreet identification number(if you have one): ] ( } I NOTE:If the answer is yes to questions%,2,or 3,complete the entire form,otherwise skip to Section G. 70-19-010/Yakima Air Terminal-McAllister Field J-U-B Master Revision Date 02-19 Page 48 CITY OF YAKIMA 62 YAKIMA AIR TERMINAL—MCALLISTER FIELD RUNWAY 9/27 PAVEMENT MAINTENANCE AND HIRL PROJECT AIP#3-53-0089-045-2020 k .. 2. . 5 b I . ii 1 1 a- Z is a . : { d 8 As .4 . . . 4.; m C 'u E 31.4 .'. it{yl _ } {, .ti 11'. 5 F m b 2 1 St b . a Ii 4 wz 4 5 1 sP .n :11 I. 3'k§ _ ry ",,K-4 ,, stl a b c, Y 9.lisgla in. V k5 qd H E r , 5 a '.5 v -5 O ' 3R P' r f st r 5 8 .g U a N c o }'S 1 U t'� b P_. 5Y O '9^ .Z_ 7y a! , •4 U v tQ a s ro C xi :4w m4s {? IIti 'il -.n' {rJ p vz F .a t F�i •kJ a E.w o. s+4. 4, A m 3 to w g x *"- i n n rfi. a .n m P. :ro c. a -. J3° m { "L°.Pi p. 1 6- awn... .x d 3 8 5a i7 8-b 0 `X 8 L' ". w 1-4 ! llh1i ! a : 70-19-010/Yakima Air Terminal—McAllister Field J-U-B Master Revision Date 02-19 Page 49 63 CITY OF YAKIMA YAKIMA AIR TERMINAL—MCALLISTER FIELD RUNWAY 9/27 PAVEMENT MAINTENANCE AND HIRL PROJECT AIP#3-53-0089-045-2020 NON-TRAFFICKING CERTIFICATION (TO BE SUBMITTED PRIOR TO NOTICE OF AWARD) Trafficking in persons: A. Provisions applicable to a recipient that is a private entity. 1. You as the recipient,your employees,subrecipients under this award,and subrecipients'employees may not— i. Engage in severe forms of trafficking in persons during the period of time that the award is in effect; ii. Procure a commercial sex act during the period of time that the award is in effect;or iii. Use forced labor in the performance of the award of subawards under the award. Certification: I, ,being (title)of ,hereby certify that the information as stated above is true and complete to the best of my knowledge and belief and the above mentioned statement will be provided in writing to all subcontractors hired for the above mentioned job. Signature Date Name and Title Contractor 70-19-010/Yakima Air Terminal—McAllister Field J-U-B Master Revision Date 02-19 Page 50 64 CITY OF YAKIMA YAKIMA AIR TERMINAL—MCALLISTER FIELD RUNWAY 9/27 PAVEMENT MAINTENANCE AND HIRL PROJECT AIP#3-53-0089-045-2020 NO WORK PERFORMED I hereby certify by my signature below that no employee worked on the construction of the project indicated below for the period noted below: Project Name: Payroll No.: For the period: to Contractor Name: Contact Phone Number: Authorized Signature: Date Printed/Typed Name: Title Note: The person signing this form must be the individual authorized to sign payroll documents and have been appointed as such by an authorized officer of a corporation,by a member of a partnership, or by the sole proprietor of the contractor or subcontractor. 70-19-010/Yakima Air Terminal—McAllister Field J-U-B Master Revision Date 02-19 Page 51 65 CITY OF YAKIMA YAKIMA AIR TERMINAL—MCALLISTER FIELD RUNWAY 9/27 PAVEMENT MAINTENANCE AND HIRL PROJECT AIP#3-53-0089-045-2020 fi J • yi. REQUEST FOR INFORMATION CLIENT NAME—AIRPORT NAME AIP# Project Name Email request to RFI # Contractor: Subcontractor: Drawing(s)Affected: Specification Section: Description of Request— Requestor's Name: Phone: Date: Cost Impact: Yes ❑ No ❑ If yes estimated Cost: Schedule Impact: Yes ❑ No ❑ If yes estimated Impact to Schedule: Response: Name of Dispositioner: Date: 70-19-010/Yakima Air Terminal—McAllister Field J-U-B Master Revision Date 02-19 Page 52 66 CITY OF YAKIMA YAKIMA AIR TERMINAL-MCALLISTER FIELD RUNWAY 9/27 PAVEMENT MAINTENANCE AND HIRL PROJECT AIP#3-53-0089-045-2020 SUBMITTAL TRANSMITTAL IJ B DATE SUBMITTED: PROJECT: SUBMITTAL PROJECT NO.: NO.: SPEC SUBMITTED SECTION: BY: DESCRIPTIO PAGES N: SUBMITTAL ❑SHOP DRAWING ❑SAMPLE ['INFORMATION TYPE: RELATED SPEC ITEMS SUBMITTED PARA./ DWG# 1. REVIEWED 4. FURNISH AS CORRECTED 2. REJECTED 5. REVISE AND RESUBMIT 3. SUBMIT SPECIFIC ITEM RELATED SPEC REVIEW COMMENTS PARA] DWG# 70-19-010/Yakima Air Terminal—McAllister Field J-U-B Master Revision Date 02-19 Page 53 67 CITY OF YAKIMA YAKIMA AIR TERMINAL—MCALLISTER FIELD RUNWAY 9/27 PAVEMENT MAINTENANCE AND HIRL PROJECT AIP#3-53-0089-045-2020 This review is only for general conformance with the design concept of the project and general compliance with the information given in the Contract Documents. Corrections or comments made on the shop drawings during this review do not relieve contractor from compliance with the requirements of the plans and specifications. Approval of a specific item shall not include approval of an assembly of which the item is a component. Contractor is responsible for: dimensions to be confirmed and correlated at the jobsite; information that pertains solely to the fabrication processes or to the means, methods, techniques, sequences and the procedures of construction; coordination of his or her work with that of all other trades; and for performing all work in a safe and satisfactory manner. J-U-B ENGINEERS, Inc. Date: By: LIEN AND CLAIMS RELEASE (Contractor, Address) hereby certifies that the work for the above project has been completed in accordance with the Contract Documents, and that all previous progress payments received from the Owner on account of work performed under the Contract referred to has been applied by the undersigned to discharge in full all obligations of the undersigned incurred in connection with the work covered by prior requisitions for payment under said contract and that all materials and equipment covered by the fmal requisition for payment are free and clear of all liens,claims, security interests and encumbrances. All persons, firms, and partnerships who have furnished labor and or material to date on said project have been paid. Contractor Subscribed and sworn before me in the State(or Commonwealth)of this day of 20 Notary Public My Commission Expires 70-19-010/Yakima Air Terminal—McAllister Field J-U-B Master Revision Date 02-19 Page 54 68 CITY OF YAKIMA YAKIMA AIR TERMINAL—MCALLISTER FIELD RUNWAY 9/27 PAVEMENT MAINTENANCE AND HIRL PROJECT AIP#3-53-0089-045-2020 WARRANTY OF CONSTRUCTION (Contractor, Address) hereby guarantees that all labor and material furnished and work performed under the above Contract are in accordance with the contract drawings and specifications and authorized alterations and additions thereto, and that all of the work under the Contract is free from faulty materials and improper workmanship,and guaranteed against injury from proper and usual wear,and agreeing(and we do hereby so agree)that should any defect develop during the contract guarantee period, as hereinafter defined, due to improper materials,workmanship or arrangement,we will,upon written notice, replace or re-execute such defective work,together with any other work affected in making good such defects, at the convenience of, and without expense to the Owner. The Contractor further warrants that all manufacturer's or other warranties on all materials and equipment furnished by Contractor shall run directly to or be specifically assigned to Owner on demand. The Contractor warrants that the installation of any and all materials and equipment shall be in strict accordance with manufacturer's requirements. In the event Owner seeks to enforce a claim based upon a manufacturer's warranty and should such manufacturer then fail to honor its warranty based, in whole or in part, on a claim of defective installation, Owner shall be entitled to enforce said warranty against Contractor in accordance with the terms of said warranty,except that a claim of defective installation shall not be a defense to any such warranty claim by Owner against Contractor. The contract guarantee period shall be a period of one year form final acceptance,except in the cases of manufacturer's or other required extended warranties that extend for periods greater than one year from final acceptance,whereby the contract guarantee shall extend to match for the items that are so warrantied. Contractor Subscribed and sworn before me in the State(or Commonwealth) of ,this day of 20 . Notary Public My Commission Expires 70-19-010/Yakima Air Terminal—McAllister Field J-U-B Master Revision Date 02-19 Page 55 69 CITY OF YAKIMA YAKIMA AIR TERMINAL—MCALLISTER FIELD RUNWAY 9/27 PAVEMENT MAINTENANCE AND HIRL PROJECT AIP#3-53-0089-045-2020 CERTIFICATE OF SUBSTANTIAL COMPLETION PROJECT: DAIL OF ISSUANCE: OWNER: OWNER's Contract No.: ENGINEER's Contract No.: CONTRACTOR: ENGINEER: This Certificate of Substantial Completion applies to all Work under the Contract Documents or to the following specified parts thereof: To OWNER And To CONTRACTOR The Work to which this Certificate applies has been inspected by authorized representatives of OWNER, CONTRACTOR and ENGINEER,and that Work is hereby declared to be substantially complete in accordance with the Contract Documents on DATE OF SUBSTANTIAL COMPLETION A tentative list of items to be completed or corrected is attached hereto. This list may not be all-inclusive, and the failure to include an item in it does not alter the responsibility of the CONTRACTOR to complete all the Work in accordance with the Contract Documents.The items in the tentative list shall be completed or corrected by CONTRACTOR within of the above date of Substantial Completion. 70-19-010/Yakima Air Terminal—McAllister Field J-U-B Master Revision Date 02-19 Page 56 70 CITY OF YAKIMA YAKIMA AIR TERMINAL—MCALLISTER FIELD RUNWAY 9/27 PAVEMENT MAINTENANCE AND HIRL PROJECT AIP#3-53-0089-045-2020 The responsibilities between OWNER and CONTRACTOR for security, operation, safety, maintenance, heat, utilities, insurance and warranties and guarantees shall be as follows: RESPONSIBILITIES: OWNER CONTRACTOR: The following documents are attached to and made a part of this Certificate: [For items to be attached see definition of Substantial Completion as supplemented and other specifically noted conditions precedent to achieving Substantial Completion as required by Contract Documents.] This certificate does not constitute an acceptance of Work not in accordance with the Contract Documents nor is it a release of CONTRACTOR's obligation to complete the Work in accordance with the Contract Documents. Executed by ENGINEER on J-U-B ENGINEERS, Inc. ENGINEER By: (Authorized Signature) CONTRACTOR accepts this Certificate of Substantial Completion on , 20 CONTRACTOR By: (Authorized Signature) OWNER accepts this Certificate of Substantial Completion on , 20 OWNER By: (Authorized Signature) 70-19-010/Yakima Air Terminal—McAllister Field J-U-B Master Revision Date 02-19 Page 57