2026 Fall Protection Systems Installation

The Kenton County Airport Board (“KCAB”) will receive bids for 2026 Fall Protection Systems Installation. A pre-bid meeting and site visit will be held on Thursday, March 19, 2026 at 10:00 am at CVG Centre, Admin. Offices, 77 Comair Blvd., Erlanger, KY 41018. Questions are due at 11:59 pm on Friday, April 3, 2026 and answers will be posted no later than Tuesday, April 7, 2026 at 11:59 pm. Bids must be received by Thursday, April 16, 2026 at 2:00 pm. No bids will be accepted after that time unless such date or time is extended pursuant to an addendum issued by KCAB.

Summary of Work: The 2026 Fall Protection Systems Installation program consists of providing three fall protection packages that have been designed by LJB, Inc. ("LJB") in accordance with the current ANSI/ASSP Z359.6 standard meeting the requirements indicated on the documents. Bidders may provide a bid for any or all of the following packages:

Bid Package 1: Storm Water Treatment Plant ("SWTP") Fall Protection Components & Confined Space Equipment. This package consists of: Providing fall arrest at the Sludge Holding Tank, Digesters, Clarifiers, and Splitter Box as indicated in the specifications.
Bid Package 2: T3 Parking Deck Fall Protection Components. This package consists of: Providing fall protection railings, gate, roof markings, access ladder and gate, etc. as indicated in the specifications.
Bid Package 3: Concourse A Roof Fall Protection Components. This package consists of: Fall protection components and systems for the entire Concourse A Roof as indicated in the specifications.

Background

Project Background

KCAB had issued an ITB for this project in 2025, but all bids were rejected. The documents were revised so this new ITB could be released for the 2026 Fall Protection Systems Installation that is based on the findings of the 2022 Fall Protection Assessment. This is the next phase of the Assessment's prioritized fall‑hazard mitigation program and focuses on implementing engineered fall protection solutions at the following three key facilities:

Storm Water Treatment Plant
T3 Garage Beacon Area
Concourse A Roof

The scope of the 2026 ITB is to procure a qualified Prime Contractor(s) to furnish and install the fall protection improvements designed by LJB. Eligible prime entities may include:

General Contractors
Steel Fabricators acting as Prime
Fall Protection Specialty Contractors acting as Prime
Roofing Contractors acting as Prime

The successful bidder(s) ("Contractor(s)") will be responsible for delivering a complete, code‑compliant fall protection package, including coordination, fabrication, installation, and all associated construction activities required to implement the engineered designs. Bidders may provide a bid for any or all of the bid packages.

Project Details

Reference ID: 26-014-ITB
Department: Planning & Development
Department Head: Bill Siemer (Vice President)

Important Dates

Questions Due: 2026-04-04T03:59:00.000Z
Answers Posted By: 2026-04-08T03:59:00.000Z
Pre-Proposal Meeting: 2026-03-19T14:00:00.000Z — CVG Centre, Admin. Offices, 77 Comair Blvd., Erlanger, KY 41018

Addenda

Official Notice #1: Pre-Bid Meeting (released 2026-03-19T18:41:20.275Z) —
The Pre-Bid Meeting Agenda and Sign-In Sheets have been uploaded to the Attachments tab.

Evaluation Criteria

General —

110-01 General. When the specifications provide for acceptance of material based on the method of estimating percentage of material within specification limits (PWL), the PWL will be determined in accordance with this section. All test results for a lot will be analyzed statistically to determine the total estimated percent of the lot that is within specification limits. The PWL is computed using the sample average (X) and sample standard deviation (S_n) of the specified number (n) of sublots for the lot and the specification tolerance limits, L for lower and U for upper, for the particular acceptance parameter. From these values, the respective Quality index, Q_L for Lower Quality Index and/or Q_U for Upper Quality Index, is computed and the PWL for the lot for the specified n is determined from Table 1. All specification limits specified in the technical sections shall be absolute values. Test results used in the calculations shall be to the significant figure given in the test procedure.

There is some degree of uncertainty (risk) in the measurement for acceptance because only a small fraction of production material (the population) is sampled and tested. This uncertainty exists because all portions of the production material have the same probability to be randomly sampled. The Contractor’s risk is the probability that material produced at the acceptable quality level is rejected or subjected to a pay adjustment. The Owner’s risk is the probability that material produced at the rejectable quality level is accepted.

It is the intent of this section to inform the Contractor that, in order to consistently offset the Contractor’s risk for material evaluated, production quality (using population average and population standard deviation) must be maintained at the acceptable quality specified or higher. In all cases, it is the responsibility of the Contractor to produce at quality levels that will meet the specified acceptance criteria when sampled and tested at the frequencies specified.

110-02 Method for computing PWL. The computational sequence for computing PWL is as follows:

Divide the lot into n sublots in accordance with the acceptance requirements of the specification.
Locate the random sampling position within the sublot in accordance with the requirements of the specification.
Make a measurement at each location or take a test portion and make the measurement on the test portion in accordance with the testing requirements of the specification.
Find the sample average (X) for all sublot values within the lot by using the following formula:
X = (x₁ + x₂ + x₃ + . . .x_n) / n
Where: X = Sample average of all sublot values within a lot
x₁, x₂= Individual sublot values
n = Number of sublots
Find the sample standard deviation (S_n) by use of the following formula:
S_n = [(d₁² + d₂² + d₃² + . . .d_n²)/(n-1)]^1/2Where: S_n = Sample standard deviation of the number of sublot values in the set
d₁, d₂ = Deviations of the individual sublot values x₁, x₂, … from the average value X that is: d₁ = (x₁ - X), d₂ = (x₂ - X) … d_n = (x_n - X)
n = Number of sublots
For single sided specification limits (that is, L only), compute the Lower Quality Index Q_L by use of the following formula:
Q_L = (X - L) / S_nWhere: L = specification lower tolerance limit
Estimate the percentage of material within limits (PWL) by entering Table 1 with Q_L, using the column appropriate to the total number (n) of measurements. If the value of Q_L falls between values shown on the table, use the next higher value of PWL.
For double-sided specification limits (that is, L and U), compute the Quality Indexes Q_L and Q_U by use of the following formulas:
Q_L = (X - L) / S_n
and
Q_U = (U - X) / S_nWhere: L and U = specification lower and upper tolerance limits
Estimate the percentage of material between the lower (L) and upper (U) tolerance limits (PWL) by entering Table 1 separately with Q_L and Q_U, using the column appropriate to the total number (n) of measurements, and determining the percent of material above P_L and percent of material below P_U for each tolerance limit. If the values of Q_L fall between values shown on the table, use the next higher value of P_L or P_U. Determine the PWL by use of the following formula:
PWL = (P_U + P_L) - 100
Where: P_L = percent within lower specification limit
P_U = percent within upper specification limit

EXAMPLE OF PWL CALCULATION

Project: Example Project

Test Item: Item P-401, Lot A.

PWL Determination for Mat Density.
1. Density of four random cores taken from Lot A.
  A-1 = 96.60
  A-2 = 97.55
  A-3 = 99.30
  A-4 = 98.35
  n = 4
2. Calculate average density for the lot.
  X = (x₁ + x₂ + x₃ + . . .x_n) / n
  X = (96.60 + 97.55 + 99.30 + 98.35) / 4
  X = 97.95% density
3. Calculate the standard deviation for the lot.
  S_n = [((96.60 - 97.95)² + (97.55 - 97.95)² +(99.30 -97.95)² + (98.35 -97.95)²)) / (4 - 1)]^1/2S_n = [(1.82 + 0.16 + 1.82 + 0.16) / 3]^1/2S_n = 1.15
4. Calculate the Lower Quality Index Q_L for the lot. (L=96.3)
  Q_L = (X -L) / S_nQ_L = (97.95 - 96.30) / 1.15
  Q_L = 1.4348
5. Determine PWL by entering Table 1 with Q_L= 1.44 and n= 4.
  PWL = 98
PWL Determination for Air Voids.
1. Air Voids of four random samples taken from Lot A.
  A-1 = 5.00
  A-2 = 3.74
  A-3 = 2.30
  A-4 = 3.25
2. Calculate the average air voids for the lot.
  X = (x₁ + x₂ + x₃ . . .n) / n
  X = (5.00 + 3.74 + 2.30 + 3.25) / 4
  X = 3.57%
3. Calculate the standard deviation S_n for the lot.
  S_n = [((3.57 - 5.00)² + (3.57 - 3.74)² + (3.57 - 2.30)² + (3.57 -3.25)²) / (4 - 1)]^1/2S_n = [(2.04 + 0.03 + 1.62 + 0.10) / 3]^1/2S_n = 1.12
4. Calculate the Lower Quality Index Q_L for the lot. (L= 2.0)
  Q_L = (X - L) / S_nQ_L = (3.57 - 2.00) / 1.12
  Q_L = 1.3992
5. Determine P_L by entering Table 1 with Q_L = 1.41 and n = 4.
  P_L = 97
6. Calculate the Upper Quality Index Q_U for the lot. (U= 5.0)
  Q_U = (U - X) / S_nQ_U = (5.00 - 3.57) / 1.12
  Q_U = 1.2702
7. Determine P_U by entering Table 1 with Q_U = 1.29 and n = 4.
  P_U = 93
8. Calculate Air Voids PWL
  PWL = (P_L + P_U) - 100
  PWL = (97 + 93) - 100 = 90
  Example of Outlier Calculation (Reference ASTM E178)

Project: Example Project

Test Item: Item P-401, Lot A.

Outlier Determination for Mat Density.
1. Density of four random cores taken from Lot A arranged in descending order.
  A-3 = 99.30
  A-4 = 98.35
  A-2 = 97.55
  A-1 = 96.60
2. Use n=4 and upper 5% significance level of to find the critical value for test criterion = 1.463.
3. Use average density, standard deviation, and test criterion value to evaluate density measurements.
  1. For measurements greater than the average:
    If (measurement - average)/(standard deviation) is less than test criterion,
    then the measurement is not considered an outlier
    For A-3, check if (99.30 - 97.95) / 1.15 is greater than 1.463.
    Since 1.174 is less than 1.463, the value is not an outlier.
  2. For measurements less than the average:
    If (average - measurement)/(standard deviation) is less than test criterion,
    then the measurement is not considered an outlier.
    For A-1, check if (97.95 - 96.60) / 1.15 is greater than 1.463.
    Since 1.435 is less than 1.463, the value is not an outlier.

Note: In this example, a measurement would be considered an outlier if the density were:

Greater than (97.95 + 1.463 × 1.15) = 99.63%

less than (97.95 - 1.463 × 1.15) = 96.27%.

Table 1. Table for Estimating Percent of Lot Within Limits (PWL)

Percent Within Limits (P_L and P_U)	Positive Values of Q (Q_L and Q_U)
Percent Within Limits (P_L and P_U)	n=3	n=4	n=5	n=6	n=7	n=8	n=9	n=10
99	1.1541	1.4700	1.6714	1.8008	1.8888	1.9520	1.9994	2.0362
98	1.1524	1.4400	1.6016	1.6982	1.7612	1.8053	1.8379	1.8630
97	1.1496	1.4100	1.5427	1.6181	1.6661	1.6993	1.7235	1.7420
96	1.1456	1.3800	1.4897	1.5497	1.5871	1.6127	1.6313	1.6454
95	1.1405	1.3500	1.4407	1.4887	1.5181	1.5381	1.5525	1.5635
94	1.1342	1.3200	1.3946	1.4329	1.4561	1.4717	1.4829	1.4914
93	1.1269	1.2900	1.3508	1.3810	1.3991	1.4112	1.4199	1.4265
92	1.1184	1.2600	1.3088	1.3323	1.3461	1.3554	1.3620	1.3670
91	1.1089	1.2300	1.2683	1.2860	1.2964	1.3032	1.3081	1.3118
90	1.0982	1.2000	1.2290	1.2419	1.2492	1.2541	1.2576	1.2602
89	1.0864	1.1700	1.1909	1.1995	1.2043	1.2075	1.2098	1.2115
88	1.0736	1.1400	1.1537	1.1587	1.1613	1.1630	1.1643	1.1653
87	1.0597	1.1100	1.1173	1.1192	1.1199	1.1204	1.1208	1.1212
86	1.0448	1.0800	1.0817	1.0808	1.0800	1.0794	1.0791	1.0789
85	1.0288	1.0500	1.0467	1.0435	1.0413	1.0399	1.0389	1.0382
84	1.0119	1.0200	1.0124	1.0071	1.0037	1.0015	1.0000	0.9990
83	0.9939	0.9900	0.9785	0.9715	0.9671	0.9643	0.9624	0.9610
82	0.9749	0.9600	0.9452	0.9367	0.9315	0.9281	0.9258	0.9241
81	0.9550	0.9300	0.9123	0.9025	0.8966	0.8928	0.8901	0.8882
80	0.9342	0.9000	0.8799	0.8690	0.8625	0.8583	0.8554	0.8533
79	0.9124	0.8700	0.8478	0.8360	0.8291	0.8245	0.8214	0.8192
78	0.8897	0.8400	0.8160	0.8036	0.7962	0.7915	0.7882	0.7858
77	0.8662	0.8100	0.7846	0.7716	0.7640	0.7590	0.7556	0.7531
76	0.8417	0.7800	0.7535	0.7401	0.7322	0.7271	0.7236	0.7211
75	0.8165	0.7500	0.7226	0.7089	0.7009	0.6958	0.6922	0.6896
74	0.7904	0.7200	0.6921	0.6781	0.6701	0.6649	0.6613	0.6587
73	0.7636	0.6900	0.6617	0.6477	0.6396	0.6344	0.6308	0.6282
72	0.7360	0.6600	0.6316	0.6176	0.6095	0.6044	0.6008	0.5982
71	0.7077	0.6300	0.6016	0.5878	0.5798	0.5747	0.5712	0.5686
70	0.6787	0.6000	0.5719	0.5582	0.5504	0.5454	0.5419	0.5394
69	0.6490	0.5700	0.5423	0.5290	0.5213	0.5164	0.5130	0.5105
68	0.6187	0.5400	0.5129	0.4999	0.4924	0.4877	0.4844	0.4820
67	0.5878	0.5100	0.4836	0.4710	0.4638	0.4592	0.4560	0.4537
66	0.5563	0.4800	0.4545	0.4424	0.4355	0.4310	0.4280	0.4257
65	0.5242	0.4500	0.4255	0.4139	0.4073	0.4030	0.4001	0.3980
64	0.4916	0.4200	0.3967	0.3856	0.3793	0.3753	0.3725	0.3705
63	0.4586	0.3900	0.3679	0.3575	0.3515	0.3477	0.3451	0.3432
62	0.4251	0.3600	0.3392	0.3295	0.3239	0.3203	0.3179	0.3161
61	0.3911	0.3300	0.3107	0.3016	0.2964	0.2931	0.2908	0.2892
60	0.3568	0.3000	0.2822	0.2738	0.2691	0.2660	0.2639	0.2624
59	0.3222	0.2700	0.2537	0.2461	0.2418	0.2391	0.2372	0.2358
58	0.2872	0.2400	0.2254	0.2186	0.2147	0.2122	0.2105	0.2093
57	0.2519	0.2100	0.1971	0.1911	0.1877	0.1855	0.1840	0.1829
56	0.2164	0.1800	0.1688	0.1636	0.1607	0.1588	0.1575	0.1566
55	0.1806	0.1500	0.1406	0.1363	0.1338	0.1322	0.1312	0.1304
54	0.1447	0.1200	0.1125	0.1090	0.1070	0.1057	0.1049	0.1042
53	0.1087	0.0900	0.0843	0.0817	0.0802	0.0793	0.0786	0.0781
52	0.0725	0.0600	0.0562	0.0544	0.0534	0.0528	0.0524	0.0521
51	0.0363	0.0300	0.0281	0.0272	0.0267	0.0264	0.0262	0.0260
50	0.0000	0.0000	0.0000	0.0000	0.0000	0.0000	0.0000	0.0000

Percent Within Limits (P_L and P_U)	Negative Values of Q (Q_L and Q_U)
Percent Within Limits (P_L and P_U)	n=3	n=4	n=5	n=6	n=7	n=8	n=9	n=10
49	-0.0363	-0.0300	-0.0281	-0.0272	-0.0267	-0.0264	-0.0262	-0.0260
48	-0.0725	-0.0600	-0.0562	-0.0544	-0.0534	-0.0528	-0.0524	-0.0521
47	-0.1087	-0.0900	-0.0843	-0.0817	-0.0802	-0.0793	-0.0786	-0.0781
46	-0.1447	-0.1200	-0.1125	-0.1090	-0.1070	-0.1057	-0.1049	-0.1042
45	-0.1806	-0.1500	-0.1406	-0.1363	-0.1338	-0.1322	-0.1312	-0.1304
44	-0.2164	-0.1800	-0.1688	-0.1636	-0.1607	-0.1588	-0.1575	-0.1566
43	-0.2519	-0.2100	-0.1971	-0.1911	-0.1877	-0.1855	-0.1840	-0.1829
42	-0.2872	-0.2400	-0.2254	-0.2186	-0.2147	-0.2122	-0.2105	-0.2093
41	-0.3222	-0.2700	-0.2537	-0.2461	-0.2418	-0.2391	-0.2372	-0.2358
40	-0.3568	-0.3000	-0.2822	-0.2738	-0.2691	-0.2660	-0.2639	-0.2624
39	-0.3911	-0.3300	-0.3107	-0.3016	-0.2964	-0.2931	-0.2908	-0.2892
38	-0.4251	-0.3600	-0.3392	-0.3295	-0.3239	-0.3203	-0.3179	-0.3161
37	-0.4586	-0.3900	-0.3679	-0.3575	-0.3515	-0.3477	-0.3451	-0.3432
36	-0.4916	-0.4200	-0.3967	-0.3856	-0.3793	-0.3753	-0.3725	-0.3705
35	-0.5242	-0.4500	-0.4255	-0.4139	-0.4073	-0.4030	-0.4001	-0.3980
34	-0.5563	-0.4800	-0.4545	-0.4424	-0.4355	-0.4310	-0.4280	-0.4257
33	-0.5878	-0.5100	-0.4836	-0.4710	-0.4638	-0.4592	-0.4560	-0.4537
32	-0.6187	-0.5400	-0.5129	-0.4999	-0.4924	-0.4877	-0.4844	-0.4820
31	-0.6490	-0.5700	-0.5423	-0.5290	-0.5213	-0.5164	-0.5130	-0.5105
30	-0.6787	-0.6000	-0.5719	-0.5582	-0.5504	-0.5454	-0.5419	-0.5394
29	-0.7077	-0.6300	-0.6016	-0.5878	-0.5798	-0.5747	-0.5712	-0.5686
28	-0.7360	-0.6600	-0.6316	-0.6176	-0.6095	-0.6044	-0.6008	-0.5982
27	-0.7636	-0.6900	-0.6617	-0.6477	-0.6396	-0.6344	-0.6308	-0.6282
26	-0.7904	-0.7200	-0.6921	-0.6781	-0.6701	-0.6649	-0.6613	-0.6587
25	-0.8165	-0.7500	-0.7226	-0.7089	-0.7009	-0.6958	-0.6922	-0.6896
24	-0.8417	-0.7800	-0.7535	-0.7401	-0.7322	-0.7271	-0.7236	-0.7211
23	-0.8662	-0.8100	-0.7846	-0.7716	-0.7640	-0.7590	-0.7556	-0.7531
22	-0.8897	-0.8400	-0.8160	-0.8036	-0.7962	-0.7915	-0.7882	-0.7858
21	-0.9124	-0.8700	-0.8478	-0.8360	-0.8291	-0.8245	-0.8214	-0.8192
20	-0.9342	-0.9000	-0.8799	-0.8690	-0.8625	-0.8583	-0.8554	-0.8533
19	-0.9550	-0.9300	-0.9123	-0.9025	-0.8966	-0.8928	-0.8901	-0.8882
18	-0.9749	-0.9600	-0.9452	-0.9367	-0.9315	-0.9281	-0.9258	-0.9241
17	-0.9939	-0.9900	-0.9785	-0.9715	-0.9671	-0.9643	-0.9624	-0.9610
16	-1.0119	-1.0200	-1.0124	-1.0071	-1.0037	-1.0015	-1.0000	-0.9990
15	-1.0288	-1.0500	-1.0467	-1.0435	-1.0413	-1.0399	-1.0389	-1.0382
14	-1.0448	-1.0800	-1.0817	-1.0808	-1.0800	-1.0794	-1.0791	-1.0789
13	-1.0597	-1.1100	-1.1173	-1.1192	-1.1199	-1.1204	-1.1208	-1.1212
12	-1.0736	-1.1400	-1.1537	-1.1587	-1.1613	-1.1630	-1.1643	-1.1653
11	-1.0864	-1.1700	-1.1909	-1.1995	-1.2043	-1.2075	-1.2098	-1.2115
10	-1.0982	-1.2000	-1.2290	-1.2419	-1.2492	-1.2541	-1.2576	-1.2602
9	-1.1089	-1.2300	-1.2683	-1.2860	-1.2964	-1.3032	-1.3081	-1.3118
8	-1.1184	-1.2600	-1.3088	-1.3323	-1.3461	-1.3554	-1.3620	-1.3670
7	-1.1269	-1.2900	-1.3508	-1.3810	-1.3991	-1.4112	-1.4199	-1.4265
6	-1.1342	-1.3200	-1.3946	-1.4329	-1.4561	-1.4717	-1.4829	-1.4914
5	-1.1405	-1.3500	-1.4407	-1.4887	-1.5181	-1.5381	-1.5525	-1.5635
4	-1.1456	-1.3800	-1.4897	-1.5497	-1.5871	-1.6127	-1.6313	-1.6454
3	-1.1496	-1.4100	-1.5427	-1.6181	-1.6661	-1.6993	-1.7235	-1.7420
2	-1.1524	-1.4400	-1.6016	-1.6982	-1.7612	-1.8053	-1.8379	-1.8630
1	-1.1541	-1.4700	-1.6714	-1.8008	-1.8888	-1.9520	-1.9994	-2.0362

General —
Quality is more than test results. Quality is the combination of proper materials, testing, workmanship, equipment, inspection, and documentation of the project. Establishing and maintaining a culture of quality is key to achieving a quality project. The Contractor shall establish, provide, and maintain an effective Contractor Quality Control Program (“CQCP”) that details the methods and procedures that will be taken to assure that all materials and completed construction required by this contract conform to contract plans, technical specifications and other requirements, whether manufactured by the Contractor, or procured from subcontractors or vendors. Although guidelines are established and certain minimum requirements are specified here and elsewhere in the contract technical specifications, the Contractor shall assume full responsibility for accomplishing the stated purpose.
The Contractor shall establish a CQCP that will:
1. Provide qualified personnel to develop and implement the CQCP.
2. Provide for the production of acceptable quality materials.
3. Provide sufficient information to assure that the specification requirements can be met.
4. Document the CQCP process.
The Contractor shall not begin any construction or production of materials to be incorporated into the completed work until the CQCP has been reviewed and accepted by the Resident Project Representative (“RPR”). No partial payment will be made for materials subject to specific quality control (“QC”) requirements until the CQCP has been reviewed and approved.
The QC requirements contained in this section and elsewhere in the contract technical specifications are in addition to and separate from the quality assurance (QA) testing requirements. QA testing requirements are the responsibility of the RPR, or Contractor as specified in the specifications.
A Quality Control (QC)/Quality Assurance (QA) workshop with the Engineer, Resident Project Representative (RPR), Contractor, subcontractors, testing laboratories, and Owner’s representative must be held prior to the start of construction. The QC/QA workshop will be facilitated by the Contractor. The Contractor shall coordinate with the Airport and the RPR on time and location of the QC/QA workshop. Items to be addressed, at a minimum, will include:
1. Review of the CQCP including submittals, QC Testing, Action & Suspension Limits for Production, Corrective Action Plans, Distribution of QC reports, and Control Charts.
2. Discussion of the QA program.
3. Discussion of the QC and QA Organization and authority including coordination and information exchange between QC and QA.
4. Establish regular meetings to discuss control of materials, methods and testing.
5. Establishment of the overall QC culture.
GENERAL —
1. The project is to be financed by local funds.
2. Non-discrimination:
  1. Each bidder shall complete, sign and include in its bid the Equal Opportunity Report Statement. When a determination has been made to award a contract to a specific contractor, such contractor shall, prior to award, after award or both, furnish such other pertinent information regarding its own employment policies and practices as well as those of its proposed subcontractors as the FAA, the Sponsor (Owner), or the Secretary of Labor may require. All such information required of a subcontractor shall be furnished by the contractor.
3. Compliance with Law:
  1. The Owner has included provisions in this Bid Document/Contract pursuant to the requirements of the Airport Improvement Act of 1982, as amended by the Airport and Airway Safety and Capacity Expansion Act of 1987, and the Rules and Regulations of the FAA that pertain to the work. Bidders must comply with all Federal Requirements including those Federal Requirements included in the Special Provisions Section of this Bid Document/Contract.
  2. Bidders must comply with all state laws and local ordinances.
  3. The successful bidder must provide evidence of qualifications to conduct business as the contractor for the project under the laws of the Commonwealth of Kentucky within five days following the Owner's issuance of a Notice of Award.
4. General Bond Requirements:
  1. Bidders shall provide a Proposal Bond in an amount not less than 5% of the total main bid amount as specified. Only the Proposal Bond form, included with these documents.
  2. The successful bidder shall provide Payment and Performance Bonds by a surety company duly authorized to do business in the Commonwealth of Kentucky in the amount of one hundred percent (100%) of the contract amount. The Payment and Performance bonds furnished by the successful bidder must be executed by the owner, a general partner or, if a corporation, the secretary's signature and the seal of the corporation must be affixed. These bonds must remain in effect for the length of the agreement. The agent of the surety must exhibit certificate or license showing legal rights of the surety to do business in the Commonwealth of Kentucky. Only the Payment and Performance Bond forms provided with these documents is acceptable.
5. Insurance requirements are specified in the Contract bound within these documents.
Consideration of proposals —
After the proposals are opened and reviewed, they will be compared on the basis of the summation of the products obtained by multiplying the estimated quantities shown in the proposal by the unit bid prices. If a bidder’s proposal contains a discrepancy between unit bid prices written in words and unit bid prices written in numbers, the unit price written in words shall govern.
Until the award of a contract is made, the Owner reserves the right to reject a bidder’s proposal for any of the following reasons:
1. If the proposal is irregular as specified in the subsection 2.2.9 titled IRREGULAR PROPOSALS of Section 20.
2. If the bidder is disqualified for any of the reasons specified in the subsection 2.2.14 titled DISQUALIFICATION OF BIDDERS of Section 20.
In addition, until the award of a contract is made, the Owner reserves the right to reject any or all proposals, waive technicalities, if such waiver is in the best interest of the Owner and is in conformance with applicable state and local laws or regulations pertaining to the letting of construction contracts; advertise for new proposals; or proceed with the work otherwise. All such actions shall promote the Owner’s best interests.
Source of supply and quality requirements —
The materials used in the work shall conform to the requirements of the contract, plans, and specifications. Unless otherwise specified, such materials that are manufactured or processed shall be new (as compared to used or reprocessed).
In order to expedite the inspection and testing of materials, the Contractor shall furnish documentation to the RPR as to the origin, composition, and manufacture of all materials to be used in the work. Documentation shall be furnished promptly after execution of the contract but, in all cases, prior to delivery of such materials.
At the RPR’s option, materials may be approved at the source of supply before. If it is found after trial that sources of supply for previously approved materials do not produce specified products, the Contractor shall furnish materials from other sources.
The Contractor shall furnish airport lighting equipment that conforms to the requirements of the specifications; and is listed in advisory circular (AC) 150/5345-53, Airport Lighting Equipment Certification Program, and Addendum that is in effect on the date of advertisement.
Description —
This item shall consist of work and operations, but is not limited to, work and operations necessary for the movement of personnel, equipment, material and supplies to and from the project site for work on the project except as provided in the contract as separate pay items.
Intent of contract —
The intent of the contract is to provide for construction and completion, in every detail, of the work described. It is further intended that the Contractor shall furnish all labor, materials, equipment, tools, transportation, and supplies required to complete the work in accordance with the plans, specifications, and terms of the contract. Bidders may provide a bid for any or all of the bid packages.
Schedule - General Provisions —
The Contractor shall work within the time periods approved by the Owner and Engineer. The Contractor shall maintain adequate supervision for the proper execution and control of all work required.
1. Preconstruction Conference
  
  A preconstruction conference will be held as soon as possible after award of contract and receipt of all required pre-construction documents. Work cannot commence without this conference. The conference will be held at a location selected by the Owner. The conference must be attended by:
  1. Contractor's Office Representative;
  2. Contractor's General Superintendent;
  3. Contractor's Major Subcontractors;
  4. Owner's Representatives;
  5. Engineer's Representatives including the Resident Project Representative; and
  6. Regulatory Agency Representatives.
2. Overall Schedule
  
  Contractor shall develop a construction schedule in accordance with General Provision Section 100 and provided it to the Engineer as an electronic copy no later than 5 business days prior to the scheduled Preconstruction Conference. The schedule will be reviewed and possibly modified at the meeting as required. The schedule should be developed to assure completion of the project in time allotted for the project. The schedule shall include resources required for the work. The resource information provided must define crews (make-up/size) and equipment for all work activities on the critical path.
  
  The Contractor shall control his work force in a manner consistent with the schedule, but when events require the schedule to be modified, the Contractor shall react promptly and provide a revised schedule to the Engineer for approval. When, in the opinion of the Engineer, the Contractor is deviating from the schedule, the Engineer may require the Contractor to submit a revised schedule. The schedule should be reviewed at least weekly with the Engineer to assure that it is current.
  
  If the Contractor persistently refuses or fails to recover lost time, to the extent that it becomes apparent that the Project will not be completed within the Contract Time, the Owner may take such actions to terminate the Contract for default on the part of the Contractor, or to assign portions of the Work to other Contractors. Any additional costs associated with this will be borne by the original Contractor.
Description —
This item shall consist of temporary control measures as shown on the plans or as ordered by the Resident Project Representative (RPR) during the life of a contract to control pollution of air and water, soil erosion, and siltation through the use of silt fences, berms, dikes, dams, sediment basins, fiber mats, gravel, mulches, grasses, slope drains, and other erosion control devices or methods.
Temporary erosion control shall be in accordance with the approved erosion control plan; the approved Construction Safety and Phasing Plan (CSPP) and AC 150/5370-2, Operational Safety on Airports During Construction. The temporary erosion control measures contained herein shall be coordinated with the permanent erosion control measures specified as part of this contract to the extent practical to assure economical, effective, and continuous erosion control throughout the construction period.
Temporary control may include work outside the construction limits such as borrow pit operations, equipment and material storage sites, waste areas, and temporary plant sites.
Temporary control measures shall be designed, installed and maintained to minimize the creation of wildlife attractants that have the potential to attract hazardous wildlife on or near public-use airports.

Measurement of quantities —

All work completed under the contract will be measured by the Engineer, or his or her authorized representatives, using United States Customary Units of Measurement

The method of measurement and computations to be used in determination of quantities of material furnished and of work performed under the contract will be those methods generally recognized as conforming to good engineering practice.

Unless otherwise specified, longitudinal measurements for area computations will be made horizontally, and no deductions will be made for individual fixtures (or leave-outs) having an area of 9 square feet (0.8 square meters) or less. Unless otherwise specified, transverse measurements for area computations will be the neat dimensions shown on the plans or ordered in writing by the RPR.

Unless otherwise specified, all contract items which are measured by the linear foot such as electrical ducts, conduits, pipe culverts, underdrains, and similar items shall be measured parallel to the base or foundation upon which such items are placed.

The term “lump sum” when used as an item of payment will mean complete payment for the work described in the contract. When a complete structure or structural unit (in effect, “lump sum” work) is specified as the unit of measurement, the unit will be construed to include all necessary fittings and accessories.

When requested by the Contractor and approved by the RPR in writing, material specified to be measured by the cubic yard (cubic meter) may be weighed, and such weights will be converted to cubic yards (cubic meters) for payment purposes. Factors for conversion from weight measurement to volume measurement will be determined by the RPR and shall be agreed to by the Contractor before such method of measurement of pay quantities is used.

Measurement and Payment Terms

Term	Description
Excavation and Embankment Volume	In computing volumes of excavation, the average end area method or other acceptable methods will be used unless otherwise specified.
Measurement and Proportion by Weight	The term “ton” will mean the short ton consisting of 2,000 lb (907 km) avoirdupois. All materials that are measured or proportioned by weights shall be weighed on accurate, independently certified scales by competent, qualified personnel at locations designed by the RPR. If material is shipped by rail, the car weight may be accepted provided that only the actual weight of material is paid for. However, car weights will not be acceptable for material to be passed through mixing plants. Trucks used to haul material being paid for by weight shall be weighed empty daily at such times as the RPR directs, and each truck shall bear a plainly legible identification mark.
Measurement by Volume	Materials to be measured by volume in the hauling vehicle shall be hauled in approved vehicles and measured therein at the point of delivery. Vehicles for this purpose may be of any size or type acceptable for the materials hauled, provided that the body is of such shape that the actual contents may be readily and accurately determined. All vehicles shall be loaded to at least their water level capacity, and all loads shall be leveled when the vehicles arrive at the point of delivery.
Asphalt Material	Asphalt materials will be measured by the gallon (liter) or ton (kg). When measured by volume, such volumes will be measured at 60°F (16°C) or will be corrected to the volume at 60°F (16°C) using ASTM D1250 for asphalts Net certified scale weights or weights based on certified volumes in the case of rail shipments will be used as a basis of measurement, subject to correction when asphalt material has been lost from the car or the distributor, wasted, or otherwise not incorporated in the work. When asphalt materials are shipped by truck or transport, net certified weights by volume, subject to correction for loss or foaming, may be used for computing quantities.
Cement	Cement will be measured by the ton (kg) or hundredweight (km).
Structures	Structures will be measured according to neat lines shown on the plans or as altered to fit field conditions.
Timber	Timber will be measured by the thousand feet board measure (MFBM) actually incorporated in the structure. Measurement will be based on nominal widths and thicknesses and the extreme length of each piece.
Plates and Sheets	The thickness of plates and galvanized sheet used in the manufacture of corrugated metal pipe, metal plate pipe culverts and arches, and metal cribbing will be specified and measured in decimal fraction of inch.
Miscellaneous Items	When standard manufactured items are specified such as fence, wire, plates, rolled shapes, pipe conduit, etc., and these items are identified by gauge, unit weight, section dimensions, etc., such identification will be considered to be nominal weights or dimensions. Unless more stringently controlled by tolerances in cited specifications, manufacturing tolerances established by the industries involved will be accepted.
Scales	Scales must be tested for accuracy and serviced before use. Scales for weighing materials which are required to be proportioned or measured and paid for by weight shall be furnished, erected, and maintained by the Contractor, or be certified permanently installed commercial scales. Platform scales shall be installed and maintained with the platform level and rigid bulkheads at each end. Scales shall be accurate within 1/2% of the correct weight throughout the range of use. The Contractor shall have the scales checked under the observation of the RPR before beginning work and at such other times as requested. The intervals shall be uniform in spacing throughout the graduated or marked length of the beam or dial and shall not exceed one-tenth of 0.1% of the nominal rated capacity of the scale, but not less than 1 pound (454 grams). The use of spring balances will not be permitted. In the event inspection reveals the scales have been “overweighing” (indicating more than correct weight) they will be immediately adjusted. All materials received subsequent to the last previous correct weighting-accuracy test will be reduced by the percentage of error in excess of 0.5%. In the event inspection reveals the scales have been under-weighing (indicating less than correct weight), they shall be immediately adjusted. No additional payment to the Contractor will be allowed for materials previously weighed and recorded. Beams, dials, platforms, and other scale equipment shall be so arranged that the operator and the RPR can safely and conveniently view them. Scale installations shall have available ten standard 50-pound (2.3 km) weights for testing the weighing equipment or suitable weights and devices for other approved equipment. All costs in connection with furnishing, installing, certifying, testing, and maintaining scales; for furnishing check weights and scale house; and for all other items specified in this subsection, for the weighing of materials for proportioning or payment, shall be included in the unit contract prices for the various items of the project.
Rental Equipment	Rental of equipment will be measured by time in hours of actual working time and necessary traveling time of the equipment within the limits of the work. Special equipment ordered in connection with extra work will be measured as agreed in the change order or supplemental agreement authorizing such work as provided in paragraph 2.9.5 PAYMENT FOR EXTRA WORK.
Pay Quantities	When the estimated quantities for a specific portion of the work are designated as the pay quantities in the contract, they shall be the final quantities for which payment for such specific portion of the work will be made, unless the dimensions of said portions of the work shown on the plans are revised by the RPR. If revised dimensions result in an increase or decrease in the quantities of such work, the final quantities for payment will be revised in the amount represented by the authorized changes in the dimensions.

General Statement —
These Special Provisions are a supplement to the General Provisions. These Special Provisions shall not amend, supersede, or void those documents, except as specifically set forth herein.
Authority of the Resident Project Representative (RPR) —
The RPR has final authority regarding the interpretation of project specification requirements. The RPR shall determine acceptability of the quality of materials furnished, method of performance of work performed, and the manner and rate of performance of the work. The RPR does not have the authority to accept work that does not conform to specification requirements.
WAGE RATES GENERAL NOTE —
Federal grant funds will be applied to this project. Federal Davis Bacon Wage Rates are applicable. See attached current Davis-Bacon Wage Rates Schedule.
ACCESS TO RECORDS AND REPORTS —
The Contractor (hereinafter includes consultants) must maintain an acceptable cost accounting system. The Contractor agrees to provide the Owner, the Federal Aviation Administration and the Comptroller General of the United States or any of their duly authorized representatives access to any books, documents, papers and records of the Contractor which are directly pertinent to the specific contract for the purpose of making audit, examination, excerpts and transcriptions. The Contractor agrees to maintain all books, records and reports required under this contract for a period of not less than three years after final payment is made and all pending matters are closed.
Advertisement (Notice to Bidders) —
See Notice to Bidders and Instructions to Bidders.
Laws to be observed —
The Contractor shall keep fully informed of all Federal and state laws, all local laws, ordinances, and regulations and all orders and decrees of bodies or tribunals having any jurisdiction or authority, which in any manner affect those engaged or employed on the work, or which in any way affect the conduct of the work. The Contractor shall at all times observe and comply with all such laws, ordinances, regulations, orders, and decrees; and shall protect and indemnify the Owner and all their officers, agents, or servants against any claim or liability arising from or based on the violation of any such law, ordinance, regulation, order, or decree, whether by the Contractor or the Contractor’s employees.
Protection of Cables, Controls, Navaids, and Weather Bureau Facilities —
1. The Contractor is hereby informed that there are installed on the airport, FAA NAVAIDS, including, without limitation, ASR, UHF, and VHF receivers and transmitters, U.S. Weather Bureau facilities, and other electric power cables serving other facilities. Such NAVAIDS, Weather Bureau, and other facilities and electric cables must be fully protected during the entire construction time. Work under this Contract can be accomplished in the vicinity of these facilities and cables only at approved periods of time, which approval is subject to withdrawal at any time because of changes in the weather, emergency conditions on the existing airfield areas, anticipation of emergency conditions, and for any other reason as determined by the Engineers acting under the orders and instructions of the Owner and/or the designated FAA representative. Any instructions to this Contractor to clear any given area, at any time, by the Engineer, the Airport Management, or the FAA Control Tower (by radio or other means) shall be immediately executed. Construction work will be recommended in the cleared area only when additional instructions are issued by the proper authorities.
2. Power and control cables leading to and from any FAA NAVAIDS, Weather Bureau, and other facilities shall be marked once in the field by the Engineer for the information of the Contractor, before any work in their general vicinity may be started. Thereafter, through the entire time of this construc¬tion, the Contractor must pro¬tect the cables from any pos¬sible damage, including crossing with unauthorized equipment, etc. All known facilities and buried cables, and the approximate location there¬of in the construction area, are shown on the plans. Before the Contractor begins any work or opera¬tions in the vicinity of underground cables, hand digging will be used to clearly expose such ca¬bles/ducts to assure their location and depth.
3. These Special Provisions intend to make perfectly clear the need for protection of FAA NAVAIDS, Weather Bureau, and other facilities and cables by this Contractor at all times.
4. The Contractor shall immediately repair, with identical material by skilled workmen, any underground cables serving FAA NAVAIDS, Weather Bureau, and other airport facilities, which are damaged by his workmen, equipment, or work. Prior approval of the FAA must be obtained for the materials, workmen, time of day or night, and method of repairs for any temporary or permanent repairs the Contractor proposes to make to any FAA NAVAIDS, Weather Bureau facilities, or other cables and controls serving such NAVAIDS and facilities damaged by the Contractor. Prior approval of the Engineer or of the representative designated by the Owner must be obtained for the materials, workmen, time of day or night, and method of repairs for any temporary or permanent repairs the Contractor proposes to make to any other Airport facilities and cables damaged by this Contractor.
5. It is recognized that the Owner will incur costs for employees' salaries, engineering fees, and otherwise in connection with the damage, inspection, and repair of any such damage caused by the Contractor; and, consequently, the Owner may incur loss of income by reason of the diversion of aircraft traffic from the airport resulting from interruption of the use of airport facilities, and that such expenses and loss of income are not measurable now and may not be reasonably ascertainable at the time of any incident caused by this Contractor. The Owner and the Contractor hereby agree to the assessment of liquidated damages in lieu of such expenses or other damages incurred by the Owner. In addition to the obligation of this Contractor to immediately repair any cables or facilities damaged by the Contractor, as set forth above, for each incident where cables are located within five feet of the position defined on the ground and are cut or damaged and the facility served by cables which are cut or damaged is not able to perform its required function, resulting in the diversion of aircraft or the interruption of the normal flow of air traffic and aircraft operations on the airport, the sum of Five Thousand Dollars ($5,000.00) per hour for each hour or portion thereof that Airport operations are curtailed or interrupted shall be deducted from any money due the Contractor, or if no money is due the Contractor, the Owner shall have the right to recover said sum or sums from the Contractor, from the Surety, or from both. The amount of these deductions is to cover liquidated damages to the Owner incurred by additional and other expenses and damages arising from the incident or incidents caused by the Contractor, and such deductions are not to be considered as penalties.
Safety —
1. Contractor and all subcontractors shall comply with their site-specific safety plan and Owner’s recommendations regarding employee safety. Owner may shut down the job site/project if it deems necessary for any single or recurrent safety violation by Contractor or any subcontractor. In the event the job site/project is shut down under this section, Contractor agrees it will not file or pursue any claim including but not limited to a claim for delay against the Owner, in relation to such shutdown; and, each day elapsing during shutdown is counted as a contract day for purposes of calculating liquidated damages.
  
  The Contractor shall acquaint his supervisors and employees with the activity and operations that are inherent to an active air carrier airport; and shall conduct his construction activities to conform to all routine and emergency air traffic requirements and guidelines on safety as specified in this section of the specification. The applicable safety provisions of the latest FAA Advisory Circular 150/5370 prevail throughout this construction contract.
  
  This information is used by the Contractor as guidance in implementing and administering its own safety program during the term of this Contract. These requirements are a minimum. Not all of the specific references may pertain to this Contract.
2. Construction Activity and Aircraft Movements
  
  During the time the Contractor is performing the work under this Contract, existing terminal aprons, taxiways, and runways at the Airport will remain in use by aircraft, except as provided herein. To the extent feasible and convenient, in the opinion of the Engineer and to the extent permitted by the Federal Aviation Administration, the access by aircraft of runways and use of taxiways adjacent to areas where the Contractor is working will be routed as to reduce disturbance to the Contractor's operations. Aircraft operations, unless otherwise specified in the Contract Specifications, shall always have priority over any and all of the Contractor's operations, and the Contractor shall not allow his employees, subcontractors, material suppliers, or any other persons over whom he has control to enter or remain upon or allow any plant or materials to be brought or to remain upon any part of the Airport which, in the opinion of the Engineer, would be a hazardous location. Should aprons, runways, or taxiways be required for use by aircraft, and should the Engineer deem the Contractor to be too close to the portion used by aircraft for safety, he may, in his sole discretion, order the Contractor to suspend his operations; remove his personnel, plant, equipment, and materials to a safe distance; and stand by until the runway and taxiways are no longer required for use by aircraft.
  
  The Contractor shall not allow his/her employees, subcontractors, material suppliers, or any other persons under the Contractor's control to cross any active runway or taxiway without an escort by authorized Airport personnel. The Contractor shall pay a fine of up to Ten Thousand Dollars ($10,000) per occurrence for any unauthorized crossing of an active runway or taxiway by any such person under the Contractor's control. Any breach of security requirements is subject to a fine of up to Ten Thousand Dollars ($10,000).
  
  If any portion of the work area under this Project is contained within the Aircraft Operations Area (“AOA”), then these areas of work are considered critical areas. Work will be performed in the proximity of and directly adjacent to active taxiways, therefore, the Contractor shall become familiar with the Obstacle Free Areas and Safety Areas associated with active areas of the Airport.
3. Airfield Safety Requirements
  
  The Contractor shall adhere to the following requirements when working in close proximity to aircraft:
  1. Brief each equipment and vehicle operator to thoroughly acquaint him with the absolute necessity of exercising discretion and proper judgment while in the vicinity to aircraft operations.
  2. Assist the Engineer and the Airport Security Personnel in monitoring the conduct of each vehicle and equipment operator.
  3. Require all operators to maintain a safe and reasonable speed and to utilize equipment strictly in accordance with prevailing weather conditions.
  4. At the direction of the Engineer, dismiss from the project any person operating unauthorized vehicles or equipment in an unauthorized area, or operating vehicles or equipment in a reckless and unreasonable manner.
  5. Shall not allow trash or debris to accumulate in his work or operations area. Extreme caution will be taken to keep all trash and debris from taxiways, runways, and apron areas.
  6. Shall not allow his vehicles or equipment to be operated within 130 feet of the centerline of an active taxiway or within 250 feet of the centerline of an active runway, unless they are using a designated haul route or have the express consent of the Engineer.
  7. Immediately cease and remove his operations from any operations or work area at any time he is instructed to do so by the Engineer, the FAA Control Tower, or by the Airport Staff. These instructions will be issued by radio or other means, if appropriate. The Contractor will not allow his operations to return to the area until he has received permission to do so by the Engineer.
  8. Shall provide, erect, and maintain all necessary barricades, signs, danger signals, and lights for the protection of the work and the safety of the public for both land and air traffic. Obstructions shall be illuminated as required by the Engineer.
  9. Tall but relatively low visibility units such as cranes, drills and the like must have appropriate obstruction lighting mounted and operational in accordance with FAA Advisory Circular 70/7460-1. Booms are also required to have an orange checkered flag attached to the top of the boom when elevated. In the event of poor weather, visibility, emergency issue, the equipment operator may be requested to lower the boom upon request until conditions allow for the equipment to be elevated. Under no circumstances shall booms be permitted to remain elevated while not in use or overnight.
  10. Brief all employees, suppliers, etc. concerning work in areas of potential jet blast from aircraft. Maintain safe conditions when using construction materials in these areas.
4. Airport Safety Requirements
  1. To work at the Airport, the Owner requires that the general contractor and subcontractors strictly adhere to and enforce all OSHA regulations. In addition, they shall follow KDOT Safety standards for working in roadways. Workers that are in obvious violation of these standards will be required to be removed from the work site.
    
    Prior to working at the Airport, the Contractor must submit a Site-specific safety plan for this project, in accordance with work to be done on the Airport. The Contractor shall appoint an individual to be their on-site “Safety Manager” that will be in charge of enforcing safety standards on the project.
    
    Please refer to SAFETY EVALUATION AND PLANS, for additional safety requirements.
  2. Maximum construction traffic speed on all Airport property is 15 mph.
  3. No personnel, equipment, or vehicles will be permitted to travel across existing turf, except within the Contract limits as shown on the Drawings. Under no circumstances will Contractor personnel, equipment, or vehicles travel outside the circumscribed work areas and Construction limits.
  4. The Contractor shall arrange for employee parking at a location approved by the Project Manager and Airport Authorities.
  5. No propane or kerosene type heaters are permitted on Airport property.
  6. The OSHA Confined Space Requirements shall be adhered to when working on this Project.
  7. The OSHA lockout/tag out procedures for electrical work shall be adhered to when working on this Project.
  8. There is no smoking inside the AOA.
5. Marking of Required Clearances
  
  The Contractor shall establish and install a system for marking and delineating the limits of required clearances adjacent to active taxiways, other operational surfaces, and NAVAIDS during the process of construction under this contract utilizing extruded polymer safety or snow fence materials, and or lighted barricades as shown on the plans or as directed by the Engineer. The system shall be easily distinguishable during both day and nighttime work. A detailed plan of materials and procedures the Contractor proposes to use will be submitted to the Engineer for approval prior to the start of any work under the Contract. Any deviations from the plan must be requested and approved by the Engineer. The Engineer may request changes to the established plan whenever it is necessary for the protection of Airport operations. The approved system of marking and delineation shall be installed, maintained, and protected at all times.
6. If a concrete batch plant on the Airport is required by the Contractor and allowed by the Airport, it shall be obstruction lighted in accordance within current version of FAA Advisory Circular AC 70/7460-1, and so placed as to be out of runway and taxiway obstacle free zones and avoid penetrations of any CFR Part 77 surface. The maximum height of any batch plant component shall be 40 feet above ground level.
Technical Specifications & Drawings Package —
See attached Technical Specifications & Drawings Package.
Subletting of contract —
The Owner will not recognize any subcontractor on the work. The Contractor shall at all times when work is in progress be represented either in person, by a qualified superintendent, or by other designated, qualified representative who is duly authorized to receive and execute orders of the Resident Project Representative (RPR).
The Contractor shall perform, with its organization, an amount of work equal to at least 25 percent of the total contract cost.
Should the Contractor elect to assign his or her contract, said assignment shall be concurred in by the surety, shall be presented for the consideration and approval of the Owner, and shall be consummated only on the written approval of the Owner.
The Contractor shall provide copies of all subcontracts to the RPR 14 days prior to being utilized on the project. As a minimum, the information shall include the following:
- Subcontractor's legal company name.
- Subcontractor's legal company address, including County name.
- Principal contact person's name, telephone and fax number.
- Complete narrative description, and dollar value of the work to be performed by the subcontractor.
- Copies of required insurance certificates in accordance with the specifications.
- Minority/ non-minority status.
Security —
1. A large portion of the work on this Project will occur inside the AOA or security area. For Project work in the AOA, all Contractor vehicles and personnel must be escorted by personnel trained in the rules and regulations of performing work in the AOA. Contractor must furnish, at its expense, all escorts required for the Project including any vehicle traffic inside the AOA for the Project. At all times the Contractor, its subcontractors, or Owner’s consultants are working in the AOA for the Project, Contractor must also furnish, at its expense, gate guards and guard houses (or a vehicle to serve in lieu of a guard house) at all access gates for the Project.
  
  Contractor must ensure all escorts and gate guards on the Project possess sufficient skill, training, materials, and resources to perform these tasks, including but not limited to communications equipment and training required by Owner. Owner reserves the right to independently review and approve the credentials of the Contractor or subcontractor, including personnel, who will perform escorting or gate guard services for the Project. Contractor must arrange for personnel performing escorting and gate guard services to receive Owner-required training prior to performing any escorting or gate guard services for the Project.
  
  Only Owner-approved persons may serve as escorts for Project work occurring on the Taxiways, Runways, and other areas at the Airport that are under the control of the FAA Air Traffic Control Tower (“Movement Area”). If the Project involves work in the Movement Area, Contractor must obtain potential escort candidates from the Owner. The Contractor, or its subcontractor, as a separate and independent employer must pay these Movement Area escorts by a W-2 wage statement and NOT by 1099.
  
  Owner training and approval in no way serve as representations, warranties, or guarantees as to the sufficiency of Contractor’s chosen escorts and gate guards. Contractor remains fully liable for complying with all Owner rules and regulations related to performing Project work in the AOA.
  
  The Contractor must supply all radios, equipment, and vehicles for escort and gate guard services that are properly equipped for use within the Movement and/or Non-Movement Area in accordance with Owner's standards, as determined by the Chief Operating Officer. The Contractor must include the per unit cost for each vehicle it will provide for the escort or gate guard services in its verified breakdown of costs submitted after award.
2. The Contractor shall comply with all requirements of the Airport Security Plan and with security requirements specified in this Contract. The Contractor shall designate to the Engineer in writing the name of his "Contractor Security Officer" (“C.S.O.”). The C.S.O. shall represent the Contractor on the security requirements for the Contract. The C.S.O. is responsible for briefing all Contractor personnel on these requirements. Contractor shall brief all new Contractor employees on these requirements prior to working in the construction area.
3. The C.S.O. is responsible for all safety precautions prior to the commencement of the work. The C.S.O. shall provide the Engineer an outline of a proposed accident and fire protection plan for all work contemplated under the Contract and conduct at least one safety meeting each month for each shift and require the attendance of all supervisors at such meetings. Copies of the minutes of safety meetings shall be kept on file in the Contractor's field office and be available upon demand by the Engineer.
4. The Contractor is responsible for the security of its equipment and materials.
5. Contractor is required to obtain Airport security badges for anyone (including Contractor’s subcontractor(s) and suppliers) requiring such access. Identification badges must be visibly worn at all times while within the AOA. In order to maintain security requirements, the Owner will issue identification badges to the Contractor's and subcontractors’ personnel.
  
  Contractor shall supply Owner-issued identification badges to an adequate number of the Contractor’s personnel (including subcontractor personnel) who require access to the construction site inside the AOA. Badging requires a background check made through a fingerprint process. When determining the number of personnel to badge, Contractor must consider absent personnel due to illness, vacation, employment termination, or other reasons, emergency/on call situations, and supervisors who need access for inspection/supervision visits.
  
  The Contractor shall designate at least one person as the signatory authority, to request, authorize and be responsible for badges. This entails extra training at the ID Office.
  
  Contractor is responsible for the cost of badging. The current fee for identification badges is $44.00 per badge for the badge, security threat assessment, and for fingerprinting.
  
  Contractor shall return all badges upon expiration or termination of the contract whichever is earlier. Additionally, Contractor shall immediately return an employee’s badge when that employee is no longer employed by Contractor. Contractor shall pay $100.00 per badge for each badge not returned within 90 days from the date the Contractor is required to return the badge(s).
  
  Contractor is responsible for all keys or badges issued to Contractor’s employees. Such keys or badges may not be duplicated. Contractor shall return any or all keys or access cards to Owner when requested. If the loss of keys or access cards requires changing the combination of locks or changing other access equipment, the cost of such labor and material may be charged to Contractor at the discretion of the Owner. Replacement of lost or damaged keys or badges will be provided at Contractor’s expense. Any fines or civil penalties assessed to Owner caused by Contractor negligence is the responsibility of Contractor.
  
  Badge replacement is at the sole discretion of the Owner. A $100.00 fee will be assessed per lost badge. In the event a Contractor’s or subcontractor’s employee loses a second badge, the Contractor shall pay $200.00. If a third badge is lost, the badge will only be renewed with permission of the Airport Security Coordinator and the Contractor shall pay $300.00.
  
  Contractors Key Deposit: $500.00 (per key)
  
  Key will only be signed out to someone holding a valid Owner-issued Identification Badge.
  
  Please insure you are issued a receipt for any fees paid.
  1. Personnel who are Contractor personnel only, will have a colored background with the employee's picture, company employed by and date of expiration. Contractor's personnel with escort privileges must be present at all times in the work area when non-badged individuals (such as suppliers) are present or working. Contractor personnel with a badge may qualify to traverse the AOA in an approved vehicle, as approved by the Owner.
  2. All badges will be issued by the Owner. Non-badged personnel will only be allowed to work when accompanied with a permanently badged person with escort authority. The Contractor's badged personnel must be on site in the immediate area and must always be present and in visual contact when any non-badged persons are working or making deliveries or visits to the work area.
  3. The Airport I. D. Department shall maintain an up-to-date record, supplied by the Contractor, of all badge holders showing name, address, sex, height, weight, eye color, and social security and badge number. The Contractor shall furnish this information to the Owner upon request. Employees who will be working within the secured areas of the Cincinnati/Northern Kentucky International Airport will submit to a Security Threat Assessment (“STA”) and criminal history background check to be conducted via fingerprints. Fingerprints will be acquired at the Airport ID Department and submitted to the necessary review agency.
  4. Compliance by the Contractor shall be accomplished in the form of a letter to the Owner, accompanied by forms furnished by the Owner, which states their understanding and compliance along with the names and social security numbers of all employees. Failure to comply with the above will be grounds for stopping work on the Project until compliance is established.
  5. All employees who are issued badges must undergo a TSA approved training course prior to badging. Such training will be provided by the Owner and takes approximately one hour to complete.
6. The Contractor through the C.S.O. shall establish and maintain a list of Contractor and subcontractor vehicles authorized to operate on the site. Vehicles delivering materials to the construction site must be escorted at all times. Contractor employees’ personal vehicles are restricted to the Contractor's staging area and are not allowed on the project site at any time. The Contractor, its subcontractors, including Owner’s consultants working the Project, may only access the primary Project work areas and AOA areas not controlled by the FAA Air Traffic Control Tower via the haul roads and gates as shown on the Plans. The C.S.O. will require each vehicle to display a large company sign on both sides of vehicle and furnish Airport Police and operations, through the Project Manager, with a list of these vehicles. A current list of companies authorized to enter and conduct work on the Airport shall be maintained with the gate guard at the entrance gate. Contractor employee's personal vehicles shall be restricted to the Contractor's staging area and are not allowed on the airfield at any time.
Protection Of Utilities —
1. Utilities shall be marked once in the field by the Engineer for the information of the Contractor, before any work in their general vicinity may be started. Thereafter, through the entire time of this construction, the Contractor must protect the utilities from any possible damage, including crossing with unauthorized equipment, etc.
2. The Contractor shall be responsible for the safety, protection, maintenance, and final restoration to all surface and subsurface utilities (together with all parts and appurtenances thereof). Utilities, as referred to in this section, shall be understood to mean public utilities and other privately owned utilities.
3. The Contractor shall not proceed with his work until he has made diligent inquiry at the offices of the utility companies or other owners involved, of the nature and scope of the project, and of his operations that may affect their facilities. The Contractor shall notify the Engineer of his operations affecting utilities at the same time the utility companies are notified.
4. Before the Contractor begins any work or operations in the vicinity of subsurface structures, he shall carefully, by hand digging, locate such utility ducts, direct buried cables or structures and conduct his operations so as to avoid any damage to them.
5. The Contractor shall permit the owners of utilities, and personnel engaged by them, access to the site of the work at all times in order to protect or relocate their facilities, and he shall cooperate with them in performing this work.
6. The Contractor shall maintain, at no expense to the Owner, all access roads in a condition suitable for use by the Owner's normal equipment.
7. The Contractor shall be responsible for the continuity of service of all overhead, surface, and subsurface utilities affected by his operations, and shall maintain them in a safe and satisfactory operating condition. The Engineer shall be notified at the time of all contacts with any utility company or other owner to ensure proper coordination between Contractor, Engineer, and utility company.
8. The Contractor shall carry out his work carefully and skillfully and shall support and secure utility structures so as to avoid damage to them. He shall not move any utility structures without the Owner's written consent, and at the completion of the work, their condition shall be as safe and permanent as before.
9. The Contractor shall, at his own expense, make good any direct or indirect damage that may be done in the course of construction to any utility structure or property through or by reason of the prosecution of the work. The liability of the Contractor under this covenant is absolute and is not dependent upon any questions of negligence on his part, or on the part of his agent, servants, employees, subcontractors, or suppliers, and the neglect of the Owner or the Engineer to direct the Contractor to take any particular precaution or to refrain from doing any particular thing shall not excuse the Contractor of any such damage in any case.
10. When utility structures, facilities, or equipment are damaged by the Contractor, he shall notify their owners, who may cause the damage to be repaired at the Contractor's expense. If the cost thereof is not paid by the Contractor within 30 days after repairs have been completed, the Owner may retain an amount sufficient to cover the cost from any monies due or that may become due the Contractor under the contract.
11. It is understood and agreed that the Contractor has considered in his bid all of the permanent and temporary utility appurtenances in their present or relocated positions and that no additional compensation will be allowed for normal delays, inconvenience, or damage sustained by him due to any interference from the said utility appurtenances or the operation of moving them.
12. It is anticipated that the various utilities, as indicated on the Plans, may be encountered by the Contractor while performing his operations under this Contract, and which will remain in active service as indicated on the Plans.
Materials —
102-2.1 Grass. Grass that will not compete with the grasses sown later for permanent cover per Item T901 shall be a quick-growing species (such as ryegrass, Italian ryegrass, or cereal grasses) suitable to the area providing a temporary cover. Selected grass species shall not create a wildlife attractant.
102-2.2 Mulches. Mulches may be hay, straw, fiber mats, netting, bark, wood chips, or other suitable material reasonably clean and free of noxious weeds and deleterious materials per Item T-908. Mulches shall not create a wildlife attractant.
102-2.3 Fertilizer. Fertilizer shall be a standard commercial grade and shall conform to all federal and state regulations and to the standards of the Association of Official Agricultural Chemists.
102-2.4 Slope drains. Slope drains may be constructed of pipe, fiber mats, rubble, concrete, asphalt, or other materials that will adequately control erosion.
102-2.5 Silt fence. Silt fence shall consist of polymeric filaments which are formed into a stable network such that filaments retain their relative positions. Synthetic filter fabric shall contain ultraviolet ray inhibitors and stabilizers to provide a minimum of six months of expected usable construction life. Silt fence shall meet the requirements of ASTM D6461.
102-2.6 Other. All other materials shall meet commercial grade standards and shall be approved by the RPR before being incorporated into the project.
CIVIL RIGHTS – GENERAL CIVIL RIGHTS PROVISIONS AND CONTRACTUAL REQUIREMENTS —
In all its activities within the scope of its airport program, the Contractor agrees to comply with pertinent statutes, Executive Orders, and such rules as identified in Title VI List of Pertinent Nondiscrimination Acts and Authorities to ensure that no person shall, on the grounds of race, color, national origin, creed, sex, age, or disability be excluded from participating in any activity conducted with or benefiting from Federal assistance.
This provision binds the Contractor and subcontractors from the bid solicitation period through the completion of the contract.
Description Of Work —
1. The intent and meaning of the Contract Documents is that the Contractor, under the terms of the Contract, shall take all actions necessary and required to provide all labor, plant, materials, supplies, equipment, transportation, facilities, and appurtenances which are indicated or implied by each Drawing and each Section of the Specifications, all of which are collectively necessary and required for the construction of the described Project.
2. The 2026 Fall Protection Systems Installation program consists of providing three fall protection packages that have been designed by LJB, Inc. ("LJB") in accordance with the current ANSI/ASSP Z359.6 standard meeting the requirements indicated on the documents. Bidders may provide a bid for any or all of the following packages:
  1. Bid Package 1: Storm Water Treatment Plant ("SWTP") Fall Protection Components & Confined Space Equipment. This package consists of: Providing fall arrest at the Sludge Holding Tank, Digesters, Clarifiers, and Splitter Box as indicated in the specifications.
  2. Bid Package 2: T3 Parking Deck Fall Protection Components. This package consists of: Providing fall protection railings, gate, roof markings, access ladder and gate, etc. as indicated in the specifications.
  3. Bid Package 3: Concourse A Roof Fall Protection Components. This package consists of: Fall protection components and systems for the entire Concourse A Roof as indicated in the specifications.
3. The Contractor acknowledges that it has examined and thoroughly familiarized itself with all existing conditions including all applicable laws, codes, ordinances, rules, and regulations that will affect this work. The Contractor further acknowledges that it has visited the site, examined the grounds and all existing utilities and roads; that it has investigated and satisfied himself as to conditions affecting the work including, but not restricted to, those bearing upon transportation, disposal, handling and storage of materials, and the character of equipment and facilities needed preliminary to and during prosecution of the work.
Scope of Work —
Following the recommendations identified in the 2022 Fall Protection Assessment, KCAB is advancing into the next phase of its prioritized fall‑hazard mitigation program. The Contractor(s) must provide all labor, materials, equipment, and supervision required to furnish and install engineered fall protection solutions for the following locations: Storm Water Treatment Plant; Airport Beacon located on T3 Garage Parking Deck; entire Concourse A Roof. Bidder may provide a bid for any or all of the locations. All work must comply with all applicable codes, OSHA 1910/1926, and LJB‑issued design documents.
The Contractor(s) will be responsible for furnishing all labor, materials, equipment, and coordination necessary to deliver complete, code‑compliant installation of the engineered fall protection systems at CVG. The Contractor(s) must provide all necessary permits and inspections to complete the project. At minimum submit to Boone County for a building permit per location. The Contractor(s) must provide all required submittals for review by the Engineer.
Bid Pack 1: Storm Water Treatment Plan Fall Protection Structures.
The Contractor(s) must install fall arrest and restraint components at the following locations:
- Sludge Holding Tank
- Digesters
- Clarifiers
- Splitter Box
1.2 Modification and Evaluation of Existing Components
- Evaluate existing fall protection elements for compliance with current standards.
- Perform modifications as required by the design or directed by KCAB.
- This may be treated as an allowance item depending on field findings.
1.3 Provide Indicated Fall Protection Equipment
- Furnish and install all fall protection devices listed in the equipment schedule, including anchors, lifelines, davits, guardrails, and associated hardware.
1.4 Structural Steel Construction Components
- Provide structural steel support members, posts, plates, frames, ladders, and bracing as noted in the drawings.
- Fabrication to match design requirements and material specifications.
1.5 X‑Ray Slab Penetrations
- Prior to any core drilling, verify slab conditions by X‑ray or approved non‑destructive methods.
- Ensure minimum 2” clearance from any post‑tension tendon or reinforcing steel.
1.6 Metal Fabrications, Access Structures & Foundations
- Provide new metal fabrications including platforms, guardrails, access stairs, and foundations.
- Diversion Tank Ladders.
- Modify existing fabrications and structures to accommodate new fall protection systems.
- All work shall match the details and locations shown in the drawings.
- Installation is limited to August 1 - October 1.
Bid Pack 2: T3 Parking Deck Fall Protection Components
2.1 Furnish & Install Fall Protection Elements
- Provide and install the following as indicated in the design:
  - Fall protection guardrail systems
  - Fall protection gates
  - Roof edge markings
  - Access ladder and gate assemblies
  - Hardware, posts, anchors, and all accessories
2.2 Locate and Avoid Existing Reinforcement
- Prior to installation, scan/X‑ray the slab to avoid reinforcement and post‑tension tendons.
- Use approved non‑destructive testing methods.
2.3 Quantities
- Approximate work quantities include:
  - 160 LF (±) of guardrail
  - 70 LF (±) of roof marking
  - One access ladder and gate (or as indicated in drawings)
Bid Pack 3: Concourse A Roof Fall Protection Components
2.1 Fall Protection Components
- Provide and install the following as indicated in the design:
  - Guardrail systems
  - Metal fabricated access ladders and gates
  - Platforms and walkway improvements
  - Prefabricated hatch accessories
  - Anchor davits and rooftop anchorage points
  - Roof safety and warning line markings
  - All related hardware and supports
2.2 Fall Arrest & Travel Restraint Systems
- Install engineered fall arrest and travel restraint systems for chiller access areas, elevated roof sections, and other designated locations.
- Include lifelines, stanchions, anchors, and all specified components.
2.3 Provide Fall Protection Equipment
- Furnish all devices and materials listed in the equipment schedule and drawings.
2.4 Roof Penetrations & Patching
- Perform all roof penetrations required for installation.
- Provide roofing repairs, patching, flashing, and sealing to maintain roofing warranty and weather integrity.
- Coordinate with the Airport’s roofing standards and approved roofing contractor if required.
- Roof-mounted anchors, lifelines, guardrails
- Roof access pathway improvements
2.5 Roof Access
The Contractor will be required to provide exterior access to the Concourse A Roof by utilizing, for example, a stair tower.
BREACH OF CONTRACT TERMS —
Any violation or breach of terms of this Contract on the part of the Contractor or their subcontractors may result in the suspension or termination of this Contract or such other action that may be necessary to enforce the rights of the parties of this Contract.

Owner will provide Contractor written notice that describes the nature of the breach and corrective actions the Contractor must undertake in order to avoid termination of the contract. Owner reserves the right to withhold payments to Contractor until such time the Contractor corrects the breach or Owner elects to terminate the contract. Owner's notice will identify a specific date by which the Contractor must correct the breach. Owner may proceed with termination of the contract if the Contractor fails to correct the breach by the deadline indicated in the Owner's notice.

The duties and obligations imposed by the Contract Documents and the rights and remedies available thereunder are in addition to, and not a limitation of, any duties, obligations, rights and remedies otherwise imposed or available by law.
EXAMINATION OF CONDITIONS AFFECTING WORK —
Prior to submitting a bid, each bidder shall examine and thoroughly familiarize itself with all existing conditions including all applicable laws, codes, ordinances, rules and regulations that will affect the work. Bidders shall visit the site, examine the grounds and all existing buildings, utilities, and roads and shall ascertain by reasonable means all conditions that will in any manner affect the work. Site visits will be at the pre-bid meeting only on Thursday, March 19, 2026 at 10:00 am. Bidders shall submit questions per Section 1.3.5 below for any additional information deemed necessary to be fully informed as to exactly what is to be expected prior to submitting a bid. The drawings have been prepared on the basis of surveys and inspections of the site, and represent an essentially accurate indication of the physical conditions at the site. However, the physical conditions as shown on the drawings are not guaranteed as to accuracy. The bidder shall fully inform itself as to existing physical conditions by inspection and other reasonable means as the bidder determines.
Mobilization limit —
Mobilization shall be limited to 10 percent of the total project cost.
Samples, tests, and cited specifications —
All materials used in the work shall be inspected, tested, and approved by the RPR before incorporation in the work unless otherwise designated. Any work in which untested materials are used without approval or written permission of the RPR shall be performed at the Contractor’s risk. Materials found to be unacceptable and unauthorized will not be paid for and, if directed by the RPR, shall be removed at the Contractor’s expense.
Unless otherwise designated, quality assurance tests will be made by and at the expense of the Owner in accordance with the cited standard methods of ASTM, American Association of State Highway and Transportation Officials (AASHTO), federal specifications, Commercial Item Descriptions, and all other cited methods, which are current on the date of advertisement for bids.
The testing organizations performing on-site quality assurance field tests shall have copies of all referenced standards on the construction site for use by all technicians and other personnel. Unless otherwise designated, samples for quality assurance will be taken by a qualified representative of the RPR. All materials being used are subject to inspection, test, or rejection at any time prior to or during incorporation into the work. Copies of all tests will be furnished to the Contractor’s representative at their request after review and approval of the RPR.
A copy of all Contractor QC data shall be given to the RPR daily, along with printed reports, in an approved format, on a weekly basis. After completion of the project, and prior to final payment, the Contractor shall submit a final report to the RPR showing all test data reports, plus an analysis of all results showing ranges, averages, and corrective action taken on all failing tests.
The Contractor shall employ a Quality Control (QC) testing organization to perform all Contractor required QC tests in accordance with Item C-100 Contractor Quality Control Program (CQCP).
Sequence Of Operations —
Contractor shall develop the sequence of operations. The Contractor's sequence of operations must include, but not necessarily be limited to, the following:
1. The furnishing of all required material, equipment, and applicable methods of construction submittals. Submission must include the procedures and sequencing of each of the work items.
2. Establishment of proper grade controls and horizontal layout for proper identification.
3. General site punch list items, cleanup, repair of any damaged haul or access roads, and restoration of the staging area.
Award of contract —
The award of a contract, if it is to be awarded, shall be made within 120 calendar days of the date specified for publicly opening proposals, unless otherwise specified herein.
Award of the contract shall be made by the Owner to the lowest, qualified bidder whose proposal conforms to the cited requirements of the Owner.
Permits, licenses, and taxes —
The Contractor shall procure all permits and licenses, pay all charges, fees, and taxes, and give all notices necessary and incidental to the due and lawful execution of the work.
Description of program —
1. General description. The Contractor shall establish a CQCP to perform QC inspection and testing of all items of work required by the technical specifications, including those performed by subcontractors. This CQCP shall ensure conformance to applicable specifications and plans with respect to materials, off-site fabrication, construction, finish, and functional performance. The CQCP shall be effective for control of all construction work performed under this Contract and shall specifically include surveillance and tests required by the technical specifications, in addition to other requirements of this section and any other activities deemed necessary by the Contractor to establish an effective level of QC.
2. Contractor Quality Control Program. The Contractor shall describe the CQCP in a written document that shall be reviewed and approved by the RPR prior to the start of any production, construction, or off-site fabrication. The written CQCP shall be submitted to the RPR for review and approval at least 10 calendar days before the CQCP Workshop. The Contractor’s CQCP and QC testing laboratory must be approved in writing by the RPR prior to the Notice to Proceed (NTP).
The CQCP shall be organized to address, as a minimum, the following items:
1. Quality control organization and resumes of key staff
2. Project progress schedule
3. Submittals schedule
4. Inspection requirements
5. Quality control testing plan
6. Documentation of quality control activities and distribution of quality control reports
7. Requirements for corrective action when QC and/or QA criteria are not met
8. Material quality and construction means and methods. Address all elements applicable to the project that affect the quality of the pavement structure including subgrade, subbase, base, and surface course. Some elements that must be addressed include, but is not limited to mix design, aggregate grading, stockpile management, mixing and transporting, placing and finishing, quality control testing and inspection, smoothness, laydown plan, equipment, and temperature management plan.
The Contractor must add any additional elements to the CQCP that is necessary to adequately control all production and/or construction processes required by this contract.
Notice to proceed —
The notice to proceed shall state the date on contract time commences. The Contractor shall begin the work to be performed under the contract within 10 days of the notice to proceed. The Contractor shall notify the RPR at least 24 hours in advance of the time actual construction operations will begin. The Contractor shall not commence any actual construction prior to the date on which the notice to proceed is issued by the Owner.
Qualification of bidders —
Each bidder shall furnish the Owner satisfactory evidence of his or her competency to perform the proposed work. Such evidence of competency, unless otherwise specified, shall consist of statements covering the bidder’s past experience on similar work, a list of equipment that would be available for the work, and a list of key personnel that would be available. In addition, each bidder shall furnish the Owner satisfactory evidence of his or her financial responsibility. Such evidence of financial responsibility, unless otherwise specified, shall consist of a confidential statement or report of the bidder’s financial resources and liabilities as of the last calendar year or the bidder’s last fiscal year. Such statements or reports shall be certified by a public accountant. At the time of submitting such financial statements or reports, the bidder shall further certify whether his or her financial responsibility is approximately the same as stated or reported by the public accountant. If the bidder’s financial responsibility has changed, the bidder shall qualify the public accountant’s statement or report to reflect the bidder’s true financial condition at the time such qualified statement or report is submitted to the Owner.
Each bidder shall submit “evidence of competency” and “evidence of financial responsibility” to the Owner at the time of bid opening.
Unless otherwise specified, a bidder may submit evidence that they are prequalified with the State Highway Division and are on the current “bidder’s list” of the state in which the proposed work is located. Evidence of State Highway Division prequalification may be submitted as evidence of financial responsibility in lieu of the certified statements or reports specified above.
Conformity with plans and specifications —
All work and all materials furnished shall be in reasonably close conformity with the lines, grades, grading sections, cross-sections, dimensions, material requirements, and testing requirements that are specified (including specified tolerances) in the contract, plans or specifications.
If the RPR finds the materials furnished, work performed, or the finished product not within reasonably close conformity with the plans and specifications but that the portion of the work affected will, in their opinion, result in a finished product having a level of safety, economy, durability, and workmanship acceptable to the Owner, the RPR will advise the Owner of their determination that the affected work be accepted and remain in place. The RPR will document the determination and recommend to the Owner a basis of acceptance that will provide for an adjustment in the contract price for the affected portion of the work. Changes in the contract price must be covered by contract change order or supplemental agreement as applicable.
If the RPR finds the materials furnished, work performed, or the finished product are not in reasonably close conformity with the plans and specifications and have resulted in an unacceptable finished product, the affected work or materials shall be removed and replaced or otherwise corrected by and at the expense of the Contractor in accordance with the RPR’s written orders.
The term “reasonably close conformity” shall not be construed as waiving the Contractor’s responsibility to complete the work in accordance with the contract, plans, and specifications. The term shall not be construed as waiving the RPR’s responsibility to insist on strict compliance with the requirements of the contract, plans, and specifications during the Contractor’s execution of the work, when, in the RPR’s opinion, such compliance is essential to provide an acceptable finished portion of the work.
The term “reasonably close conformity” is also intended to provide the RPR with the authority, after consultation with the Sponsor and FAA, to use sound engineering judgment in his or her determinations as to acceptance of work that is not in strict conformity but will provide a finished product equal to or better than that intended by the requirements of the contract, plans and specifications.
The RPR will not be responsible for the Contractor’s means, methods, techniques, sequences, or procedures of construction or the safety precautions incident thereto.
Scope of payment —
The Contractor shall receive and accept compensation provided for in the contract as full payment for furnishing all materials, for performing all work under the contract in a complete and acceptable manner, and for all risk, loss, damage, or expense of whatever character arising out of the nature of the work or the execution thereof, subject to the provisions of the subsection 2.7.18 titled NO WAIVER OF LEGAL RIGHTS of Section 70.
When the “basis of payment” subsection of a technical specification requires that the contract price (price bid) include compensation for certain work or material essential to the item, this same work or material will not also be measured for payment under any other contract item which may appear elsewhere in the contract, plans, or specifications.
OWNER REQUIREMENTS —
1. All weekly certified payrolls are to be submitted with each pay request. Pay requests will be withheld until complete certified payrolls are received for General Contractor and all Subcontractors. Once the project starts and the first certified payroll is submitted, the Contractor must submit a certified payroll document for themselves and each subcontractor with each pay request until the end of the project. The included Work Confirmation Form for Contractor and Subcontractors must also be submitted with certified payroll.
2. Once one certified payroll document has been submitted for a company, a certified payroll form must be submitted each pay period thereafter until the end of the project for that company, whether or not work has been done by that contractor or subcontractor during that period. If there is a period that no work has been performed, simply fill in the company name and dates and write across the form “NO WORK PERFORMED.”
3. When a Contractor or Subcontractor has completed all work for the project and will no longer be billing against the project, simply submit a certified payroll form with company name and write across the form, “JOB COMPLETE,” or one may state on the last certified payroll that it is the last to be submitted for project.
Alteration of work and quantities —
The Owner reserves the right to make such changes in quantities and work as may be necessary or desirable to complete, in a satisfactory manner, the original intended work. Unless otherwise specified in the Contract, the Owner’s Engineer or RPR shall be and is hereby authorized to make, in writing, such in-scope alterations in the work and variation of quantities as may be necessary to complete the work, provided such action does not represent a significant change in the character of the work.
For purpose of this section, a significant change in character of work means: any change that is outside the current contract scope of work; any change (increase or decrease) in the total contract cost by more than 25%; or any change in the total cost of a major contract item by more than 25%.
Work alterations and quantity variances that do not meet the definition of significant change in character of work shall not invalidate the contract nor release the surety. Contractor agrees to accept payment for such work alterations and quantity variances in accordance with Section 90, paragraph 2.9.3, Compensation for Altered Quantities.
Should the value of altered work or quantity variance meet the criteria for significant change in character of work, such altered work and quantity variance shall be covered by a supplemental agreement. Supplemental agreements shall also require consent of the Contractor’s surety and separate performance and payment bonds. If the Owner and the Contractor are unable to agree on a unit adjustment for any contract item that requires a supplemental agreement, the Owner reserves the right to terminate the contract with respect to the item and make other arrangements for its completion.
CQCP Organization —
The CQCP shall be implemented by the establishment of a QC organization. An organizational chart shall be developed to show all QC personnel, their authority, and how these personnel integrate with other management/production and construction functions and personnel.
The organizational chart shall identify all QC staff by name and function, and shall indicate the total staff required to implement all elements of the CQCP, including inspection and testing for each item of work. If necessary, different technicians can be used for specific inspection and testing functions for different items of work. If an outside organization or independent testing laboratory is used for implementation of all or part of the CQCP, the personnel assigned shall be subject to the qualification requirements of paragraph 3.1.3.A and 3.1.3.B. The organizational chart shall indicate which personnel are Contractor employees and which are provided by an outside organization.
The QC organization shall, as a minimum, consist of the following personnel:
1. Program Administrator. The Contractor Quality Control Program Administrator (CQCPA) must be a full-time Offsite Acceptable employee of the Contractor, or a consultant engaged by the Contractor. The CQCPA shall have a minimum of five (5) years of experience in QC pavement construction with prior QC experience on a project of comparable size and scope as the contract.
  
  Included in the five (5) years of paving/QC experience, the CQCPA must meet at least one of the following requirements:
  1. Professional Engineer with one (1) year of airport paving experience.
  2. Engineer-in-training with two (2) years of airport paving experience.
  3. National Institute for Certification in Engineering Technologies (NICET) Civil Engineering Technology Level IV with three (3) years of airport paving experience.
  4. An individual with four (4) years of airport paving experience, with a Bachelor of Science Degree in Civil Engineering, Civil Engineering Technology or Construction.
    
    The CQCPA must have full authority to institute any and all actions necessary for the successful implementation of the CQCP to ensure compliance with the contract plans and technical specifications. The CQCPA authority must include the ability to immediately stop production until materials and/or processes are in compliance with contract specifications. The CQCPA must report directly to a principal officer of the construction firm. The CQCPA may supervise the Quality Control Program on more than one project provided that person can be at the job site within two (2) hours after being notified of a problem.
2. QC technicians. A sufficient number of quality control technicians necessary to adequately implement the CQCP must be provided. These personnel shall be either Engineers, engineering technicians, or experienced craftsman with qualifications in the appropriate field equivalent to NICET Level II in Civil Engineering Technology or higher and shall have a minimum of two (2) years of experience in their area of expertise.
  
  The QC technicians must report directly to the CQCPA and shall perform the following functions:
  1. Inspection of all materials, construction, plant, and equipment for conformance to the technical specifications, and as required by subsection 3.1.6.
  2. Performance of all quality control tests as required by the technical specifications and subsection 3.1.8.
  3. Performance of density tests for the RPR when required by the technical specifications.
    
    Certification at an equivalent level, by a state or nationally recognized organization will be acceptable in lieu of NICET certification.
3. Staffing levels. The Contractor shall provide sufficient qualified QC personnel to monitor each work activity at all times. Where material is being produced in a plant for incorporation into the work, separate plant and field technicians shall be provided at each plant and field placement location. The scheduling and coordinating of all inspection and testing must match the type and pace of work activity. The CQCP shall state where different technicians will be required for different work elements.
Construction Utilities —
The Contractor shall make whatever arrangements may be necessary for water, electricity, or other facilities needed for construction work under the Contract, and shall pay all costs involved in obtaining such facilities, including meters, temporary lines, permits, etc. Water will be provided at no cost at an existing Airport supply point but must be metered. Temporary lines must be run at such locations and in such a manner as to meet the approval of the Engineer. After temporary lines have served their purpose, they shall be promptly removed by the Contractor and all areas (ground or pavement surfaces) shall be restored to its original condition. All abandoned, encountered abandoned, or demolished utilities must be removed to their terminal points, properly labeled, and accurately documented on record documents.
SUBMISSION OF BIDS —
Pricing must be submitted electronically using the Line Item table on Owner’s bidding system included in this Invitation To Bid (ITB). No other form is acceptable. Submittals must be signed or confirmed by a duly authorized official of the bidding company. Additional items to be submitted are listed below.
1. CONTENTS
  
  • Proposal Form
  • Equal Employment Opportunity Certification
  • Bidder’s Qualifications
  • Bid Tab
  • Proposal Bond
  • Subcontractor List
  • Letter of Intent
  • Affirmative Action Certification
  • Non Debarment of Suspension Certification
  • Buy American Certification
  • Disclosure of Lobbying Activities Certification
  • Affidavit of Workers Compensation
  • Safety Evaluation and Plans
  • Safety Evaluation Form
  • Certification of Offerer/Bidder Regarding Tax Delinquency and Felony Convictions
  
  Responses to this ITB must be submitted electronically through the Owner’s online biding system which can be accessed at https://procurement.opengov.com/portal/cvgairport. Select the Project and follow the instructions for submittal. The completed and signed bid (together with all required attachments) must be transmitted and received in the system no later than Thursday, April 16, 2026 at 2:00 pm Eastern Time (ET). Bidders should allow sufficient time to upload and transmit all required information. Bidder is solely responsible to ensure its submission is transmitted prior to the due date and time. Owner will not accept submissions after the due date and time and is not responsible for any error in transmission including but not limited to power outage, internet connectivity, unauthorized access, etc.
2. The successful bidder is required to provide verified breakdown of costs of work in a manner acceptable to the Owner.
DAVIS BACON REQUIREMENTS —
1. Minimum Wages.
(i) All laborers and mechanics employed or working upon the site of the work will be paid unconditionally and not less often than once a week, and without subsequent deduction or rebate on any account (except such payroll deductions as are permitted by the Secretary of Labor under regulations implementing the Copeland Act (29 CFR Part 3)), the full amount of wages and bona fide fringe benefits (or cash equivalent thereof) due at time of payment computed at rates not less than those contained in the wage determination of the Secretary of Labor which is attached hereto and made a part hereof, regardless of any contractual relationship which may be alleged to exist between the Contractor and such laborers and mechanics.
Contributions made or costs reasonably anticipated for bona fide fringe benefits under section 1(b)(2) of the Davis-Bacon Act on behalf of laborers or mechanics are considered wages paid to such laborers or mechanics, subject to the provisions of paragraph (1)(iv) of this section; also, regular contributions made or costs incurred for more than a weekly period (but not less often than quarterly) under plans, funds, or programs which cover the particular weekly period, are deemed to be constructively made or incurred during such weekly period. Such laborers and mechanics shall be paid the appropriate wage rate and fringe benefits on the wage determination for the classification of work actually performed, without regard to skill, except as provided in 29 CFR Part 5.5(a)(4). Laborers or mechanics performing work in more than one classification may be compensated at the rate specified for each classification for the time actually worked therein: Provided that the employer’s payroll records accurately set forth the time spent in each classification in which work is performed. The wage determination (including any additional classification and wage rates conformed under (1)(ii) of this section) and the Davis-Bacon poster (WH-1321) shall be posted at all times by the Contractor and its subcontractors at the site of the work in a prominent and accessible place where it can easily be seen by the workers.
(ii)(A) The contracting officer shall require that any class of laborers or mechanics, including helpers, which is not listed in the wage determination, and which is to be employed under the contract shall be classified in conformance with the wage determination. The contracting officer shall approve an additional classification and wage rate and fringe benefits therefore only when the following criteria have been met:
1. The work to be performed by the classification requested is not performed by a classification in the wage determination;
2. The classification is utilized in the area by the construction industry; and
3. The proposed wage rate, including any bona fide fringe benefits, bears a reasonable relationship to the wage rates contained in the wage determination.
(B) If the Contractor and the laborers and mechanics to be employed in the classification (if known), or their representatives, and the contracting officer agree on the classification and wage rate (including the amount designated for fringe benefits where appropriate), a report of the action taken shall be sent by the contracting officer to the Administrator of the Wage and Hour Division, Employment Standards Administration, U.S. Department of Labor, Washington, DC 20210. The Administrator, or an authorized representative, will approve, modify, or disapprove every additional classification action within 30 days of receipt and so advise the contracting officer or will notify the contracting officer within the 30-day period that additional time is necessary.
(C) In the event the Contractor, the laborers, or mechanics to be employed in the classification, or their representatives, and the contracting officer do not agree on the proposed classification and wage rate (including the amount designated for fringe benefits where appropriate), the contracting officer shall refer the questions, including the views of all interested parties and the recommendation of the contracting officer, to the Administrator for determination. The Administrator, or an authorized representative, will issue a determination within 30 days of receipt and so advise the contracting officer or will notify the contracting officer within the 30-day period that additional time is necessary.
(D) The wage rate (including fringe benefits where appropriate) determined pursuant to subparagraphs (1)(ii) (B) or (C) of this paragraph, shall be paid to all workers performing work in the classification under this contract from the first day on which work is performed in the classification.
(iii) Whenever the minimum wage rate prescribed in the contract for a class of laborers or mechanics includes a fringe benefit which is not expressed as an hourly rate, the contractor shall either pay the benefit as stated in the wage determination or shall pay another bona fide fringe benefit or an hourly cash equivalent thereof.
(iv) If the Contractor does not make payments to a trustee or other third person, the Contractor may consider as part of the wages of any laborer or mechanic the amount of any costs reasonably anticipated in providing bona fide fringe benefits under a plan or program: Provided that the Secretary of Labor has found, upon the written request of the Contractor, that the applicable standards of the Davis-Bacon Act have been met. The Secretary of Labor may require the Contractor to set aside in a separate account assets for the meeting of obligations under the plan or program.
2. Withholding.
The Federal Aviation Administration or the Sponsor shall upon its own action or upon written request of an authorized representative of the Department of Labor withhold or cause to be withheld from the Contractor under this contract or any other Federal contract with the same prime contractor, or any other federally-assisted contract subject to Davis-Bacon prevailing wage requirements, which is held by the same prime contractor, so much of the accrued payments or advances as may be considered necessary to pay laborers and mechanics, including apprentices, trainees, and helpers, employed by the Contractor or any subcontractor the full amount of wages required by the contract. In the event of failure to pay any laborer or mechanic, including any apprentice, trainee, or helper, employed or working on the site of work, all or part of the wages required by the contract, the Federal Aviation Administration may, after written notice to the Contractor, Sponsor, Applicant, or Owner, take such action as may be necessary to cause the suspension of any further payment, advance, or guarantee of funds until such violations have ceased.
3. Payrolls and Basic Records.
(i) Payrolls and basic records relating thereto shall be maintained by the Contractor during the course of the work and preserved for a period of three years thereafter for all laborers and mechanics working at the site of the work. Such records shall contain the name, address, and social security number of each such worker; his or her correct classification; hourly rates of wages paid (including rates of contributions or costs anticipated for bona fide fringe benefits or cash equivalents thereof of the types described in 1(b)(2)(B) of the Davis-Bacon Act); daily and weekly number of hours worked; deductions made; and actual wages paid. Whenever the Secretary of Labor has found under 29 CFR 5.5(a)(1)(iv) that the wages of any laborer or mechanic include the amount of any costs reasonably anticipated in providing benefits under a plan or program described in section 1(b)(2)(B) of the Davis-Bacon Act, the Contractor shall maintain records that show that the commitment to provide such benefits is enforceable, that the plan or program is financially responsible, and that the plan or program has been communicated in writing to the laborers or mechanics affected, and records which show the costs anticipated or the actual costs incurred in providing such benefits. Contractors employing apprentices or trainees under approved programs shall maintain written evidence of the registration of apprenticeship programs and certification of trainee programs, the registration of the apprentices and trainees, and the ratios and wage rates prescribed in the applicable programs.
(ii)(A) The Contractor shall submit weekly for each week in which any contract work is performed a copy of all payrolls to the Federal Aviation Administration if the agency is a party to the contract, but if the agency is not such a party, the Contractor will submit the payrolls to the applicant, Sponsor, or Owner, as the case may be, for transmission to the Federal Aviation Administration. The payrolls submitted shall set out accurately and completely all of the information required to be maintained under 29 CFR 5.5(a)(3)(i), except that full social security numbers and home addresses shall not be included on weekly transmittals. Instead, the payrolls shall only need to include an individually identifying number for each employee (e.g. the last four digits of the employee’s social security number). The required weekly payroll information may be submitted in any form desired. Optional Form WH–347 is available for this purpose from the Wage and Hour Division Web site at https://www.dol.gov/agencies/whd/government-contracts/construction/payroll-certification or its successor site. The prime contractor is responsible for the submission of copies of payrolls by all subcontractors. Contractors and subcontractors shall maintain the full social security number and current address of each covered worker and shall provide them upon request to the Federal Aviation Administration if the agency is a party to the contract, but if the agency is not such a party, the Contractor will submit them to the applicant, Sponsor, or Owner, as the case may be, for transmission to the Federal Aviation Administration, the Contractor, or the Wage and Hour Division of the Department of Labor for purposes of an investigation or audit of compliance with prevailing wage requirements. It is not a violation of this section for a prime contractor to require a subcontractor to provide addresses and social security numbers to the prime contractor for its own records, without weekly submission to the sponsoring government agency (or the applicant, Sponsor, or Owner).
(B) Each payroll submitted shall be accompanied by a "Statement of Compliance," signed by the Contractor or subcontractor or his or her agent who pays or supervises the payment of the persons employed under the contract and shall certify the following:
1. The payroll for the payroll period contains the information required to be provided under 29 CFR § 5.5(a)(3)(ii), the appropriate information is being maintained under 29 CFR § 5.5 (a)(3)(i), and that such information is correct and complete;
2. That each laborer and mechanic (including each helper, apprentice, and trainee) employed on the contract during the payroll period has been paid the full weekly wages earned, without rebate, either directly or indirectly, and that no deductions have been made either directly or indirectly from the full wages earned, other than permissible deductions as set forth in Regulations 29 CFR Part 3;
3. That each laborer or mechanic has been paid not less than the applicable wage rates and fringe benefits or cash equivalents for the classification of work performed, as specified in the applicable wage determination incorporated into the contract.
(C) The weekly submission of a properly executed certification set forth on the reverse side of Optional Form WH-347 shall satisfy the requirement for submission of the “Statement of Compliance” required by paragraph (3)(ii)(B) of this section.
(D) The falsification of any of the above certifications may subject the Contractor or subcontractor to civil or criminal prosecution under Section 1001 of Title 18 and Section 231 of Title 31 of the United States Code.
(iii) The Contractor or subcontractor shall make the records required under paragraph (3)(i) of this section available for inspection, copying, or transcription by authorized representatives of the Sponsor, the Federal Aviation Administration, or the Department of Labor and shall permit such representatives to interview employees during working hours on the job. If the Contractor or subcontractor fails to submit the required records or to make them available, the Federal agency may, after written notice to the Contractor, Sponsor, applicant, or Owner, take such action as may be necessary to cause the suspension of any further payment, advance, or guarantee of funds. Furthermore, failure to submit the required records upon request or to make such records available may be grounds for debarment action pursuant to 29 CFR 5.12.
4. Apprentices and Trainees.
(i) Apprentices. Apprentices will be permitted to work at less than the predetermined rate for the work they performed when they are employed pursuant to and individually registered in a bona fide apprenticeship program registered with the U.S. Department of Labor, Employment and Training Administration, Office of Apprenticeship Training, Employer and Labor Services, or with a State Apprenticeship Agency recognized by the Office, or if a person is employed in his or her first 90 days of probationary employment as an apprentice in such an apprenticeship program, who is not individually registered in the program, but who has been certified by the Office of Apprenticeship Training, Employer and Labor Services or a State Apprenticeship Agency (where appropriate) to be eligible for probationary employment as an apprentice. The allowable ratio of apprentices to journeymen on the job site in any craft classification shall not be greater than the ratio permitted to the contractor as to the entire work force under the registered program. Any worker listed on a payroll at an apprentice wage rate, who is not registered or otherwise employed as stated above, shall be paid not less than the applicable wage rate on the wage determination for the classification of work actually performed. In addition, any apprentice performing work on the job site in excess of the ratio permitted under the registered program shall be paid not less than the applicable wage rate on the wage determination for the work actually performed. Where a contractor is performing construction on a project in a locality other than that in which its program is registered, the ratios and wage rates (expressed in percentages of the journeyman’s hourly rate) specified in the Contractor’s or subcontractor’s registered program shall be observed. Every apprentice must be paid at not less than the rate specified in the registered program for the apprentice’s level of progress, expressed as a percentage of the journeymen hourly rate specified in the applicable wage determination. Apprentices shall be paid fringe benefits in accordance with the provisions of the apprenticeship program. If the apprenticeship program does not specify fringe benefits, apprentices must be paid the full amount of fringe benefits listed on the wage determination for the applicable classification. If the Administrator determines that a different practice prevails for the applicable apprentice classification, fringes shall be paid in accordance with that determination. In the event the Office of Apprenticeship Training, Employer and Labor Services, or a State Apprenticeship Agency recognized by the Office, withdraws approval of an apprenticeship program, the Contractor will no longer be permitted to utilize apprentices at less than the applicable predetermined rate for the work performed until an acceptable program is approved.
(ii) Trainees. Except as provided in 29 CFR 5.16, trainees will not be permitted to work at less than the predetermined rate for the work performed unless they are employed pursuant to and individually registered in a program which has received prior approval, evidenced by formal certification by the U.S. Department of Labor, Employment and Training Administration. The ratio of trainees to journeymen on the job site shall not be greater than permitted under the plan approved by the Employment and Training Administration. Every trainee must be paid at not less than the rate specified in the approved program for the trainee’s level of progress, expressed as a percentage of the journeyman hourly rate specified in the applicable wage determination. Trainees shall be paid fringe benefits in accordance with the provisions of the trainee program. If the trainee program does not mention fringe benefits, trainees shall be paid the full amount of fringe benefits listed on the wage determination unless the Administrator of the Wage and Hour Division determines that there is an apprenticeship program associated with the corresponding journeyman wage rate on the wage determination that provides for less than full fringe benefits for apprentices. Any employee listed on the payroll at a trainee rate that is not registered and participating in a training plan approved by the Employment and Training Administration shall be paid not less than the applicable wage rate on the wage determination for the classification of work actually performed. In addition, any trainee performing work on the job site in excess of the ratio permitted under the registered program shall be paid not less than the applicable wage rate on the wage determination for the work actually performed. In the event the Employment and Training Administration withdraws approval of a training program, the Contractor will no longer be permitted to utilize trainees at less than the applicable predetermined rate for the work performed until an acceptable program is approved.
5. Compliance with Copeland Act Requirements.
The Contractor shall comply with the requirements of 29 CFR Part 3, which are incorporated by reference in this contract.
6. Subcontracts.
The Contractor or subcontractor shall insert in any subcontracts the clauses contained in 29 CFR Part 5.5(a)(1) through (10) and such other clauses as the Federal Aviation Administration may by appropriate instructions require, and also a clause requiring the subcontractors to include these clauses in any lower tier subcontracts. The prime contractor shall be responsible for compliance by any subcontractor or lower tier subcontractor with all the contract clauses in 29 CFR Part 5.5.
7. Contract Termination: Debarment.
A breach of the contract clauses in paragraph 1 through 10 of this section may be grounds for termination of the contract, and for debarment as a contractor and a subcontractor as provided in 29 CFR Part 5.12.
8. Compliance with Davis-Bacon and Related Act Requirements.
All rulings and interpretations of the Davis-Bacon and Related Acts contained in 29 CFR Parts 1, 3, and 5 are herein incorporated by reference in this contract.
9. Disputes Concerning Labor Standards.
Disputes arising out of the labor standards provisions of this contract shall not be subject to the general disputes clause of this contract. Such disputes shall be resolved in accordance with the procedures of the Department of Labor set forth in 29 CFR Parts 5, 6, and 7. Disputes within the meaning of this clause include disputes between the Contractor (or any of its subcontractors) and the contracting agency, the U.S. Department of Labor, or the employees or their representatives.
10. Certification of Eligibility.
(i) By entering into this contract, the Contractor certifies that neither it (nor he or she) nor any person or firm who has an interest in the Contractor’s firm is a person or firm ineligible to be awarded Government contracts by virtue of section 3(a) of the Davis-Bacon Act or 29 CFR Part 5.12(a)(1).
(ii) No part of this contract shall be subcontracted to any person or firm ineligible for award of a Government contract by virtue of section 3(a) of the Davis-Bacon Act or 29 CFR Part 5.12(a)(1).
(iii) The penalty for making false statements is prescribed in the U.S. Criminal Code, 18 USC 1001.
BUY AMERICAN PRFERENCE —
The Contractor certifies that its bid/offer is in compliance with 49 U.S.C. § 50101, BABA and other related Made in America Laws, U.S. statutes, guidance, and FAA policies, which provide that Federal funds may not be obligated unless all iron, steel and manufactured goods used in AIP funded projects are produced in the United States, unless the Federal Aviation Administration 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.
The bidder or offeror must complete and submit the certification of compliance with FAA’s Buy American Preference, BABA and Made in America laws included herein with their bid or offer. The Airport Sponsor/Owner will reject as nonresponsive any bid or offer that does not include a completed certification of compliance with FAA’s Buy American Preference and BABA.
The bidder or offeror certifies that all constructions materials, defined to mean an article, material, or supply other than an item of primarily iron or steel; a manufactured product; cement and cementitious materials; aggregates such as stone, sand, or gravel; or aggregate binding agents or additives that are or consist primarily of: non-ferrous metals; plastic and polymer-based products (including polyvinylchloride, composite building materials, and polymers used in fiber optic cables); glass (including optic glass); lumber; or drywall used in the project are manufactured in the U.S.
The bidder or offeror certifies procurement of certain rolling stock using FAA grant funds will prohibit airports from using Federal financial assistance to procure buses or rail car vehicle rolling stock from covered entities.
Execution and progress —
Unless otherwise specified, the Contractor shall submit their progress schedule for the RPR’s review and acceptance at least 10 days prior to the start of work.
The Contractor’s progress schedule, when approved by the RPR, will represent the Contractor's baseline plan to accomplish the project in accordance with the terms and conditions of the Contract. The RPR will compare actual Contractor progress against the baseline schedule to determine that status of the Contractor's performance. The Contractor shall provide sufficient materials, equipment, and labor to guarantee the completion of the project in accordance with the plans and specifications within the time set forth in the proposal.
If the Contractor falls significantly behind the submitted schedule, the Contractor shall, upon the RPR’s request, submit a revised schedule for completion of the work within the contract time and modify their operations to provide such additional materials, equipment, and labor necessary to meet the revised schedule. Should the execution of the work be discontinued for any reason, the Contractor shall notify the RPR at least 24 hours in advance of resuming operations.
The Contractor shall not commence any actual construction prior to the date on which the notice to proceed is issued by the Owner.
The project schedule shall be prepared as a network diagram in Critical Path Method (CPM), Program Evaluation and Review Technique (PERT), or other format, or as otherwise specified. It shall include information on the sequence of work activities, milestone dates, and activity duration. The schedule shall show all work items identified in the project proposal for each work area and shall include the project start date and end date.
The Contractor shall maintain the work schedule and provide an update and analysis of the progress schedule on a twice monthly basis, or as otherwise specified in the contract. Submission of the work schedule shall not relieve the Contractor of overall responsibility for scheduling, sequencing, and coordinating all work to comply with the requirements of the contract.
Contents of proposal forms —
The Owner's proposal forms state the location and description of the proposed construction; the place, date, and time of opening of the proposals; and the estimated quantities of the various items of work to be performed and materials to be furnished for which unit bid prices are asked. The proposal form states the time in which the work must be completed, and the amount of the proposal guaranty that must accompany the proposal. The Owner will accept only those Proposals properly executed on physical forms or electronic forms provided by the Owner. Bidder actions that may cause the Owner to deem a proposal irregular are given in paragraph 2.2.9 Irregular proposals.
Mobilization is limited to 10% of the total project cost.
A pre-bid meeting is offered on this project. See Notice to Bidders and Instructions to Bidders.
Coordination of contract, plans, and specifications —
The contract, plans, specifications, and all referenced standards cited are essential parts of the contract requirements. If electronic files are provided and used on the project and there is a conflict between the electronic files and hard copy plans, the hard copy plans shall govern. A requirement occurring in one is as binding as though occurring in all. They are intended to be complementary and to describe and provide for a complete work. In case of discrepancy, calculated dimensions will govern over scaled dimensions; contract technical specifications shall govern over contract general provisions, plans, cited standards for materials or testing, and cited advisory circulars (ACs); contract general provisions shall govern over plans, cited standards for materials or testing, and cited ACs; plans shall govern over cited standards for materials or testing and cited ACs. If any paragraphs contained in the Special Provisions conflict with General Provisions or Technical Specifications, the Special Provisions shall govern.
From time to time, discrepancies within cited testing standards occur due to the timing of the change, edits, and/or replacement of the standards. If the Contractor discovers any apparent discrepancy within standard test methods, the Contractor shall immediately ask the RPR for an interpretation and decision, and such decision shall be final.
The Contractor shall not take advantage of any apparent error or omission on the plans or specifications. In the event the Contractor discovers any apparent error or discrepancy, Contractor shall immediately notify the Owner or the designated representative in writing requesting their written interpretation and decision.
Minimum Qualifications —
1. Relevant Project Experience
- A minimum of 3–5 completed projects within the last 5 years involving:
  - Fall protection system installation (anchors, lifelines, davits, guardrails)
  - Work on operational industrial, treatment plant, aviation, or similar facilities
  - Steel fabrication and installation
  - Roof‑mounted safety systems
  - Confined space or elevated access environments (Bid Package 1 emphasis)
2. Experience Working at an Airport Facility
Contractors must demonstrate:
- At least one (1) successfully completed construction project within the last five (5) years performed at an operational airport facility, such as:
  - Terminal buildings
  - Aircraft ramps or airside areas
  - Parking structures
  - Central utility plants or airfield support buildings
  - FAA‑regulated or TSA‑controlled spaces
The experience must show the Contractor’s ability to coordinate with Airport Operations, follow airport security protocols, maintain public safety, and perform work without disrupting airport operations. (Concourse A is the only Bid Package within the SIDA area. The Storm Water Treatment Plant, and the T3 Parking Deck are on the "public" side.)
3. Personnel Qualifications
- A designated Project Manager with proven experience managing similar-scale safety or industrial construction projects.
- A Site Superintendent with a minimum of 5 years of supervisory field experience.
- Installation personnel trained and certified by fall protection system manufacturers where applicable.
- A qualified person(s) familiar with OSHA 1910 & 1926 Fall Protection requirements.
4. Airport/Secure Facility Experience (Required & Preferred Components)
- Required: At least one project performed at an operational airport facility (see Item 2).
- Preferred: Experience working in secure or restricted access facilities such as TSA‑controlled spaces, terminals, or airfield support areas.
5. Certifications, Licensing, & Training
Contractor must maintain:
- Applicable state/local contracting licenses.
- Manufacturer certifications for system installation (if required).
- Training certifications for fall protection, confined space entry, aerial lifts, and safety procedures.
Omitted items —
The Owner, the Owner’s Engineer or the RPR may provide written notice to the Contractor to omit from the work any contract item that does not meet the definition of major contract item Major contract items may be omitted by a supplemental agreement. Such omission of contract items shall not invalidate any other contract provision or requirement.
Should a contract item be omitted or otherwise ordered to be non-performed, the Contractor shall be paid for all work performed toward completion of such item prior to the date of the order to omit such item. Payment for work performed shall be in accordance with the subsection 2.9.4 titled PAYMENT FOR OMITTED ITEMS of MEASUREMENT AND PAYMENTS of Section 90.
Compensation for altered quantities —
When the accepted quantities of work vary from the quantities in the proposal, the Contractor shall accept as payment in full, so far as contract items are concerned, payment at the original contract price for the accepted quantities of work actually completed and accepted. No allowance, except as provided for in the subsection 2.4.2 titled ALTERATION OF WORK AND QUANTITIES of Section 40 will be made for any increased expense, loss of expected reimbursement, or loss of anticipated profits suffered or claimed by the Contractor which results directly from such alterations or indirectly from his or her unbalanced allocation of overhead and profit among the contract items, or from any other cause.
Certification of compliance/analysis (COC/COA) —
The RPR may permit the use, prior to sampling and testing, of certain materials or assemblies when accompanied by manufacturer’s COC stating that such materials or assemblies fully comply with the requirements of the contract. The certificate shall be signed by the manufacturer. Each lot of such materials or assemblies delivered to the work must be accompanied by a certificate of compliance in which the lot is clearly identified. The COA is the manufacturer’s COC and includes all applicable test results.
Materials or assemblies used on the basis of certificates of compliance may be sampled and tested at any time and if found not to be in conformity with contract requirements will be subject to rejection whether in place or not.
The form and distribution of certificates of compliance shall be as approved by the RPR.
When a material or assembly is specified by “brand name or equal” and the Contractor elects to furnish the specified “or equal,” the Contractor shall be required to furnish the manufacturer’s certificate of compliance for each lot of such material or assembly delivered to the work. Such certificate of compliance shall clearly identify each lot delivered and shall certify as to:
1. Conformance to the specified performance, testing, quality or dimensional requirements; and,
2. Suitability of the material or assembly for the use intended in the contract work.
The RPR shall be the sole judge as to whether the proposed “or equal” is suitable for use in the work.
The RPR reserves the right to refuse permission for use of materials or assemblies on the basis of certificates of compliance.
Construction Requirements —
102-3.1 General. In the event of conflict between these requirements and pollution control laws, rules, or regulations of other federal, state, or local agencies, the more restrictive laws, rules, or regulations shall apply.
The RPR shall be responsible for assuring compliance to the extent that construction practices, construction operations, and construction work are involved.
102-3.2 Schedule. Prior to the start of construction, the Contractor shall submit schedules in accordance with the approved Construction Safety and Phasing Plan (CSPP) and the plans for accomplishment of temporary and permanent erosion control work for clearing and grubbing; grading; construction; paving; and structures at watercourses. The Contractor shall also submit a proposed method of erosion and dust control on haul roads and borrow pits and a plan for disposal of waste materials. Work shall not be started until the erosion control schedules and methods of operation for the applicable construction have been accepted by the RPR.
102-3.3 Construction details. The Contractor will be required to incorporate all permanent erosion control features into the project at the earliest practicable time as outlined in the plans and approved CSPP. Except where future construction operations will damage slopes, the Contractor shall perform the permanent seeding and mulching and other specified slope protection work in stages, as soon as substantial areas of exposed slopes can be made available. Temporary erosion and pollution control measures will be used to correct conditions that develop during construction that were not foreseen during the design stage; that are needed prior to installation of permanent control features; or that are needed temporarily to control erosion that develops during normal construction practices, but are not associated with permanent control features on the project.
Where erosion may be a problem, schedule and perform clearing and grubbing operations so that grading operations and permanent erosion control features can follow immediately if project conditions permit. Temporary erosion control measures are required if permanent measures cannot immediately follow grading operations. The RPR shall limit the area of clearing and grubbing, excavation, borrow, and embankment operations in progress, commensurate with the Contractor’s capability and progress in keeping the finish grading, mulching, seeding, and other such permanent control measures current with the accepted schedule. If seasonal limitations make such coordination unrealistic, temporary erosion control measures shall be taken immediately to the extent feasible and justified as directed by the RPR.
The Contractor shall provide immediate permanent or temporary pollution control measures to minimize contamination of adjacent streams or other watercourses, lakes, ponds, or other areas of water impoundment as directed by the RPR. If temporary erosion and pollution control measures are required due to the Contractor’s negligence, carelessness, or failure to install permanent controls as a part of the work as scheduled or directed by the RPR, the work shall be performed by the Contractor and the cost shall be incidental to this item.
The RPR may increase or decrease the area of erodible earth material that can be exposed at any time based on an analysis of project conditions.
The erosion control features installed by the Contractor shall be maintained by the Contractor during the construction period.
Provide temporary structures whenever construction equipment must cross watercourses at frequent intervals. Pollutants such as fuels, lubricants, bitumen, raw sewage, wash water from concrete mixing operations, and other harmful materials shall not be discharged into any waterways, impoundments or into natural or manmade channels.
102-3.4 Installation, maintenance and removal of silt fence. Silt fences shall extend a minimum of 16 inches (41 cm) and a maximum of 34 inches (86 cm) above the ground surface. Posts shall be set no more than 10 feet (3 m) on center. Filter fabric shall be cut from a continuous roll to the length required minimizing joints where possible. When joints are necessary, the fabric shall be spliced at a support post with a minimum 12-inch (300-mm) overlap and securely sealed. A trench shall be excavated approximately 4 inches (100 mm) deep by 4 inches (100 mm) wide on the upslope side of the silt fence. The trench shall be backfilled and the soil compacted over the silt fence fabric. The Contractor shall remove and dispose of silt that accumulates during construction and prior to establishment of permanent erosion control. The fence shall be maintained in good working condition until permanent erosion control is established. Silt fence shall be removed upon approval of the RPR.
Progress Reports —
Once every week, during installation of the equipment, on a date designated by the Engineer, a jobsite meeting will be held at which time the overall schedule will be reviewed. Immediately prior to the meeting, the Contractor shall obtain from his subcontractors the necessary information to update the overall schedule to reflect progress to date. Contractor must provide the updated schedule at the meeting for review. Contractor shall submit the schedule electronically. This electronic copy will have a backup of the updated schedule during the update meeting:
1. 1. activities started or completed during the update period will be reviewed and evaluated;
  2. remaining duration for underway activities will be reviewed and evaluated;
  3. critical activities not yet begun, and selected other activities will be discussed; and
  4. change order impacts and any proposed changes to the network logic may be presented and discussed/reviewed.
Predicated upon the results of the Engineer's review of submissions of revised/updated schedule and schedule reports, the Contractor may be required to revise/update the network diagram and schedule reports at a greater frequency than was previously defined. Conditions under which a more frequent revision/update to the network diagram and schedule reports will be required, are as follows:
1. 1. when a delay in completion of any work item or sequence of work items results in an indicated extension of the project completion by 1 calendar day or more;
  2. when delays are encountered which make replanning or rescheduling of the work necessary; and
  3. when the schedule does not represent the actual prosecution and progress of the project.
Whenever revised or updated scheduling documents are submitted to the Engineer, Contractor shall submit a written narrative report with these documents. The narrative report must include a description of the amount of progress during the reporting period in terms of completed activities in the plan currently in effect, a description of problem areas, current and anticipated delay factors and their estimated impact on performance of other activities and completion dates, an explanation of any revisions made to the schedule, and an explanation of corrective action taken or proposed. This report must address each aspect of work covered by the overall schedule.
The Owner may require the Contractor to add to their plant, equipment, or construction forces, as well as increase the working hours, if operations fall behind schedule at any time during the construction period.
All Contractors conducting operations in the project area shall plan, schedule, and coordinate their construction operations and activities in a manner that will facilitate the simultaneous progress of the work under all Contracts.
CIVIL RIGHTS ACT OF 1964, TITLE VI-49 CFR PART 21 —
Compliance with Nondiscrimination Requirements:
During the performance of this contract, the Contractor, for itself, its assignees and successors in interest (hereinafter referred to as the "Contractor") agrees as follows:
1. Compliance with Regulations. The Contractor (hereinafter includes consultants) will comply with the Title VI List of Pertinent Nondiscrimination Acts and Authorities, as they may be amended from time to time, which are herein incorporated by reference and made a part of this Contract.
2. Nondiscrimination. The Contractor, with regard to the work performed by it during the Contract, will not discriminate on the grounds of race, color, national origin, creed, sex, age, or disability in the selection and retention of subcontractors, including procurements of materials and leases of equipment. The Contractor will not participate either directly or indirectly in the discrimination prohibited by the Nondiscrimination Acts and Authorities, including employment practices when the Contract covers any activity, project, or program set forth in Appendix B of the 49 CFR part 21 including amendments thereto.
3. Solicitations for Subcontracts, including procurements of Materials and Equipment. In all solicitations either by competitive bidding or negotiation made by Contractor for work to be performed under a subcontract, including procurements of materials or leases of equipment, each potential subcontractor or supplier will be notified by Contractor of contractor’s obligations under this Contract and the Nondiscrimination Acts and Authorities on the grounds of race, color, or national origin.
4. Information and Reports. The Contractor will provide all information and reports required by the Acts, the Regulations, and directives issued pursuant thereto and will permit access to its books, records, accounts, other sources of information, and its facilities as may be determined by KCAB or the FAA to be pertinent to ascertain compliance with such Nondiscrimination Acts and Authorities and instructions. Where any information required of a contractor is in the exclusive possession of another who fails or refuses to furnish the information, the Contractor will so certify to KCAB or the FAA, as appropriate, and will set forth what efforts it has made to obtain the information.
5. Sanctions for Noncompliance. In the event of Contractor's non-compliance with the non-discrimination provisions of this Contract, KCAB will impose such contract sanctions as it or the FAA may determine to be appropriate, including, but not limited to:
  1. Withholding of payments to the contractor under the Contract until the Contractor complies, and/or
  2. Cancelling, terminating, or suspending a contract, in whole or in part.
6. Incorporation of provisions. The Contractor will include the provisions of paragraphs one through six in every subcontract, including procurements of materials and leases of equipment, unless exempted by the Acts, the Regulations, and directives issued pursuant thereto. The Contractor will take action with respect to any subcontract or procurement as KCAB or the FAA may direct as a means of enforcing such provisions including sanctions for non-compliance. Provided, that if the Contractor becomes involved in, or is threatened with litigation with a subcontractor or a supplier as a result of such direction, the Contractor may request KCAB to enter into any litigation to protect the interests of KCAB. In addition, Contractor may request the United States to enter into the litigation to protect the interest of the United States.
Posted Notices —
Prior to commencement of construction activities, the Contractor must post the following documents in a prominent and accessible place where they may be easily viewed by all employees of the prime Contractor and by all employees of subcontractors engaged by the prime Contractor: Equal Employment Opportunity (EEO) Poster “Equal Employment Opportunity is the Law” in accordance with the Office of Federal Contract Compliance Programs Executive Order 11246, as amended; Davis Bacon Wage Poster (WH 1321) - DOL “Notice to All Employees” Poster; and Applicable Davis-Bacon Wage Rate Determination. These notices must remain posted until final acceptance of the work by the Owner.
Cancellation of award —
The Owner reserves the right to cancel the award without liability to the bidder, except return of proposal guaranty, at any time before a contract has been fully executed by all parties and is approved by the Owner in accordance with the subsection 2.3.7 titled APPROVAL OF CONTRACT of this section.
Patented devices, materials, and processes —
If the Contractor is required or desires to use any design, device, material, or process covered by letters of patent or copyright, the Contractor shall provide for such use by suitable legal agreement with the Patentee or Owner. The Contractor and the surety shall indemnify and hold harmless the Owner, any third party, or political subdivision from any and all claims for infringement by reason of the use of any such patented design, device, material or process, or any trademark or copyright, and shall indemnify the Owner for any costs, expenses, and damages which it may be obliged to pay by reason of an infringement, at any time during the execution or after the completion of the work.
Return of proposal guaranty —
All proposal guaranties, except those of the two lowest bidders, will be returned immediately after the Owner has made a comparison of bids as specified in the subsection 2.3.1 titled CONSIDERATION OF PROPOSALS. Proposal guaranties of the two lowest bidders will be retained by the Owner until such time as an award is made, at which time, the unsuccessful bidder’s proposal guaranty will be returned. The successful bidder’s proposal guaranty will be returned, upon request, as soon as the Owner receives the contract bonds as specified in the subsection 2.3.5 titled REQUIREMENTS OF CONTRACT BONDS of this section.
Title VI Clauses for Construction/Use/Access to Real Property Acquired Under the Activity, Facility, or Program —
The following clauses will be included in deeds, licenses, permits, or similar instruments/agreements entered into by the Kenton County Airport Board pursuant to the provisions of the Airport Improvement Program grant assurances.
1. The (grantee, licensee, permittee, etc., as appropriate) for himself/herself, his/her heirs, personal representatives, successors in interest, and assigns, as a part of the consideration hereof, does hereby covenant and agree (in the case of deeds and leases add, “as a covenant running with the land”) that (1) no person on the ground of race, color, or national origin, will be excluded from participation in, denied the benefits of, or be otherwise subjected to discrimination in the use of said facilities, (2) that in the construction of any improvements on, over, or under such land, and the furnishing of services thereon, no person on the ground of race, color, or national origin, will be excluded from participation in, denied the benefits of, or otherwise be subjected to discrimination, (3) that the (grantee, licensee, lessee, permittee, etc.) will use the premises in compliance with all other requirements imposed by or pursuant to the Title VI List of Pertinent Nondiscrimination Acts and Authorities.
2. With respect to (licenses, leases, permits, etc.), in the event of breach of any of the above nondiscrimination covenants, the Kenton County Airport Board will have the right to terminate the (license, permit, etc., as appropriate) and to enter or re-enter and repossess said land and the facilities thereon, and hold the same as if said (license, permit, etc., as appropriate) had never been made or issued.
3. With respect to deeds, in the event of breach of any of the above nondiscrimination covenants, the Kenton County Airport Board will there upon revert to and vest in and become the absolute property of the Kenton County Airport Board and its assigns.
Work Confirmation Form —
Insert here
List of Special Provisions —
Refer to Table of Contents.
Method Of Measurement —
102-4.1 Temporary erosion and pollution control work required will be performed as scheduled or directed by the RPR. Completed and accepted work will be measured as follows:
1. Temporary seeding and mulching will be measured by the square yard (square meter).
2. Temporary slope drains will be measured by the linear foot (meter).
3. Temporary benches, dikes, dams, and sediment basins will be measured by the cubic yard (cubic meter) of excavation performed, including necessary cleaning of sediment basins, and the cubic yard (cubic meter) of embankment placed as directed by the RPR.
4. All fertilizing will be measured by the ton (kg).
5. Installation and removal of silt fence will be measured by the Lump Sum.
102-4.2 Control work performed for protection of construction areas outside the construction limits, such as borrow and waste areas, haul roads, equipment and material storage sites, and temporary plant sites, will not be measured and paid for directly but shall be considered as a subsidiary obligation of the Contractor.
SUBMISSION OF BIDS —
Pricing must be submitted electronically using the Line Item table on Owner’s bidding system included in this Invitation To Bid (ITB). No other form is acceptable. Submittals must be signed or confirmed by a duly authorized official of the bidding company. Additional items to be submitted are listed below.
1. CONTENTS
  
  • Proposal Form
  • Equal Employment Opportunity Certification
  • Bidder’s Qualifications
  • Bid Tab
  • Proposal Bond
  • Subcontractor List
  • Affidavit of Workers Compensation
  • Safety Evaluation and Plans
  • Safety Evaluation Form
  
  Responses to this ITB must be submitted electronically through the Owner’s online biding system which can be accessed at https://procurement.opengov.com/portal/cvgairport. Select the Project and follow the instructions for submittal. The completed and signed bid (together with all required attachments) must be transmitted and received in the system no later than Thursday, April 16, 2026 at 2:00 pm Eastern Time (ET). Bidders should allow sufficient time to upload and transmit all required information. Bidder is solely responsible to ensure its submission is transmitted prior to the due date and time. Owner will not accept submissions after the due date and time and is not responsible for any error in transmission including but not limited to power outage, internet connectivity, unauthorized access, etc.
2. The successful bidder is required to provide verified breakdown of costs of work in a manner acceptable to the Owner.
Engineer/RPR Field Office —
An Engineer/RPR field office is required.
GENERAL CIVIL RIGHTS PROVISION —
In all its activities within the scope of its airport program, the Contractor agrees to comply with pertinent statutes, Executive Orders, and such rules as identified in Title VI List of Pertinent Nondiscrimination Acts and Authorities to ensure that no person shall, on the grounds of race, color, national origin, creed, sex, age, or disability be excluded from participating in any activity conducted with or benefiting from Federal assistance.
This provision is in addition to that required by Title VI of the Civil Rights Act of 1964.
The above provision binds the Contractor and subcontractors from the bid solicitation period through the completion of the contract.
Payment for omitted items —
As specified in the subsection 2.4.3 titled OMITTED ITEMS of Section 40, the Engineer shall have the right to omit from the work (order nonperformance) any contract item, except major contract items, in the best interest of the Owner.
Should the RPR omit or order nonperformance of a contract item or portion of such item from the work, the Contractor shall accept payment in full at the contract prices for any work actually completed and acceptable prior to the RPR’s order to omit or non-perform such contract item.
Acceptable materials ordered by the Contractor or delivered on the work prior to the date of the RPR’s order will be paid for at the actual cost to the Contractor and shall thereupon become the property of the Owner.
In addition to the reimbursement hereinbefore provided, the Contractor shall be reimbursed for all actual costs incurred for the purpose of performing the omitted contract item prior to the date of the RPR’s order. Such additional costs incurred by the Contractor must be directly related to the deleted contract item and shall be supported by certified statements by the Contractor as to the nature the amount of such costs.
Present Documents Govern —
The Contractor shall, in no case, claim a waiver of any specification requirement on the basis of previous approval of material or workmanship on other jobs of like nature or what might be considered "standard" for materials or workmanship in any particular location. The contract documents for this job shall govern the work.
Project progress schedule —
Critical QC activities must be shown on the project schedule as required by Section 80, paragraph 2.8.3 EXECUTION AND PROGRESS.
Limitation of operations —
The Contractor shall control their operations and the operations of their subcontractors and all suppliers to provide for the free and unobstructed movement of aircraft in the air operations areas (AOA) of the airport.
When the work requires the Contractor to conduct his or her operations within an AOA of the airport, the work shall be coordinated with airport operations (through the RPR) at least 48 hours prior to commencement of such work. The Contractor shall not close an AOA until so authorized by the RPR and until the necessary temporary marking and associated lighting is in place as provided in the subsection 70-08 titled BARRICADES, WARNING SIGNS, AND HAZARD MARKINGS of Section 70.
When the contract work requires the Contractor to work within an AOA of the airport on an intermittent basis (intermittent opening and closing of the AOA), the Contractor shall maintain constant communications as specified; immediately obey all instructions to vacate the AOA; immediately obey all instructions to resume work in such AOA. Failure to maintain the specified communications or to obey instructions shall be cause for suspension of the Contractor’s operations in the AOA until the satisfactory conditions are provided. The areas of the AOA identified in the Construction Safety Phasing Plan (CSPP) cannot be closed to operating aircraft to permit the Contractor’s operations on a continuous basis and will therefore be closed to aircraft operations intermittently as follows:
Not applicable for this project.
The Contractor shall be required to conform to safety standards contained in AC 150/5370-2, Operational Safety on Airports During Construction (see Special Provisions) and the approved CSPP.

Restoration of surfaces disturbed by others —

The Owner reserves the right to authorize the construction, reconstruction, or maintenance of any public or private utility service, FAA or National Oceanic and Atmospheric Administration (NOAA) facility, or a utility service of another government agency at any time during the progress of the work. To the extent that such construction, reconstruction, or maintenance has been coordinated with the Owner, such authorized work (by others) must be shown on the plans and is indicated as follows:

Utility Service or Facility	Contact
Federal Aviation Administration	Mr. John Ashton Airways Facilities Sector Field Office FAA, P.O. Box 75003 Cincinnati, OH 45275 (859) 372-6500
National Weather Service	Mr. Don Hughes 1901 S. State Route 134 Wilmington, OH 45177-9708 (937) 383-0031
Electric Power/Gas	Mr. Corey Steinmetz Project Coordinator, Duke Energy 1262 Cox Road Erlanger, KY 41018 (859) 534-4452 Mr. David Wainscott Manager of Operations Owen County Rural Electric Co Owenton, KY 41051 (800) 372-7612 or (502) 563-3518
Water/Sewer	Ms. Savannah Flesher Cincinnati/Northern Kentucky International Airport (859) 760-5082 (cell)
Utility Manager	Mr. Bob Huck Airport Utilities Manager (859) 393-4051 (cell)
Telephone Services	Bill Machesky Network Technician Altafiber (513) 706-8974

Except as listed above, the Contractor shall not permit any individual, firm, or corporation to excavate or otherwise disturb such utility services or facilities located within the limits of the work without the written permission of the RPR.

Should the Owner of public or private utility service, FAA, or NOAA facility, or a utility service of another government agency be authorized to construct, reconstruct, or maintain such utility service or facility during the progress of the work, the Contractor shall cooperate with such Owners by arranging and performing the work in this contract to facilitate such construction, reconstruction or maintenance by others whether or not such work by others is listed above. When ordered as extra work by the RPR, the Contractor shall make all necessary repairs to the work which are due to such authorized work by others, unless otherwise provided for in the contract, plans, or specifications. It is understood and agreed that the Contractor shall not be entitled to make any claim for damages due to such authorized work by others or for any delay to the work resulting from such authorized work.

Extra work —
Should acceptable completion of the contract require the Contractor to perform an item of work not provided for in the awarded contract as previously modified by change order or supplemental agreement, Owner may issue a Change Order to cover the necessary extra work. Change orders for extra work shall contain agreed unit prices for performing the change order work in accordance with the requirements specified in the order, and shall contain any adjustment to the contract time that, in the RPR’s opinion, is necessary for completion of the extra work.
When determined by the RPR to be in the Owner’s best interest, the RPR may order the Contractor to proceed with extra work as provided in Section 90, paragraph 2.9.5, Payment for Extra Work. Extra work that is necessary for acceptable completion of the project, but is not within the general scope of the work covered by the original contract shall be covered by a supplemental agreement as defined in Section 10, paragraph 10-59, Supplemental Agreement.
If extra work is essential to maintaining the project critical path, RPR may order the Contractor to commence the extra work under a Time and Material contract method. Once sufficient detail is available to establish the level of effort necessary for the extra work, the Owner shall initiate a change order or supplemental agreement to cover the extra work.
Any claim for payment of extra work that is not covered by written agreement (change order or supplemental agreement) shall be rejected by the Owner.
Plant inspection —
The RPR or his or her authorized representative may inspect, at its source, any specified material or assembly to be used in the work. Manufacturing plants may be inspected from time to time for the purpose of determining compliance with specified manufacturing methods or materials to be used in the work and to obtain samples required for acceptance of the material or assembly.
Should the RPR conduct plant inspections, the following conditions shall exist:
1. The RPR shall have the cooperation and assistance of the Contractor and the producer with whom the Contractor has contracted for materials.
2. The RPR shall have full entry at all reasonable times to such parts of the plant that concern the manufacture or production of the materials being furnished.
3. If required by the RPR, the Contractor shall arrange for adequate office or working space that may be reasonably needed for conducting plant inspections. Place office or working space in a convenient location with respect to the plant.
It is understood and agreed that the Owner shall have the right to retest any material that has been tested and approved at the source of supply after it has been delivered to the site. The RPR shall have the right to reject only material that, when retested, does not meet the requirements of the contract, plans, or specifications.
Engineer/RPR Field Office —
An Engineer/RPR field office is not required.
Title VI List of Pertinent Nondiscrimination Acts and Authorities —
During the performance of this contract, the Contractor, for itself, its assignees, and successors in interest (hereinafter referred to as the “Contractor”) agrees to comply with the following non-discrimination statutes and authorities; including but not limited to:
- Title VI of the Civil Rights Act of 1964 (42 U.S.C. § 2000d et seq., 78 stat. 252), (prohibits discrimination on the basis of race, color, national origin);
- 49 CFR part 21 (Non-discrimination In Federally-Assisted Programs of The Department of Transportation—Effectuation of Title VI of The Civil Rights Act of 1964) including amendments thereto;
- The Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970,(42 U.S.C. § 4601), (prohibits unfair treatment of persons displaced or whose property has been acquired because of Federal or Federal-aid programs and projects);
- Section 504 of the Rehabilitation Act of 1973, (29 U.S.C. § 794 et seq.), as amended,(prohibits discrimination on the basis of disability); and 49 CFR part 27(Nondiscrimination on the Basis of Disability in Programs or Activities Receiving Federal Financial Assistance);
- The Age Discrimination Act of 1975, as amended, (42 U.S.C. § 6101 et seq.), (prohibits discrimination on the basis of age);
- Airport and Airway Improvement Act of 1982, (49 U.S.C. § 47123), as amended, (prohibits discrimination based on race, creed, color, national origin, or sex);
- The Civil Rights Restoration Act of 1987, (P.L. 100-259) (broadened the scope, coverage and applicability of Title VI of the Civil Rights Act of 1964, The Age Discrimination Act of 1975 and Section 504 of the Rehabilitation Act of 1973, by expanding the definition of the terms “programs or activities” to include all of the programs or activities of the Federal-aid recipients, sub-recipients and contractors, whether such programs or activities are Federally funded or not);
- Titles II and III of the Americans with Disabilities Act of 1990 (42 U.S.C. § 12101, et seq)(prohibit discrimination on the basis of disability in the operation of public entities, public and private transportation systems, places of public accommodation, and certain testing entities) as implemented by Department of Transportation regulations at 49 CFR Parts 37 and 38;
- Title IX of the Education Amendments of 1972, as amended, which prohibits you from discriminating because of sex in education programs or activities (20 U.S.C. § 1681 et seq).

Basis Of Payment —

102-5.1 Accepted quantities of temporary water pollution, soil erosion, and siltation control work ordered by the RPR and measured as provided in paragraph 3.2.4 will be paid for under:

Item C-102-5.1a	Temporary seeding and mulching - per square yard (square meter)
Item C-102-5.1b	Temporary slope drains - per linear foot (meter)
Item C-102-5.1c	Temporary benches, dikes, dams and sediment basins - per cubic yard (cubic meter)
Item C-102-5.1d	Fertilizing - per ton (kg)
Item C-102-5.1e	Installation and removal of silt fence per linear feet (meter)

Where other directed work falls within the specifications for a work item that has a contract price, the units of work shall be measured and paid for at the contract unit price bid for the various items.

Temporary control features not covered by contract items that are ordered by the RPR will be paid for in accordance with Section 90, paragraph 2.9.5 Payment for Extra Work.

CIVIL RIGHTS - TITLE VI ASSURANCES —
During the performance of this contract, the Contractor, for itself, its assignees and successors in interest (hereinafter referred to as the "Contractor") agrees as follows:
1. Compliance with Regulations. Contractor (hereinafter includes consultants) will comply with the Title VI List of Pertinent Nondiscrimination Acts and Authorities, as they may be amended from time to time, which are herein incorporated by reference and made a part of this Contract.
2. Nondiscrimination. Contractor, with regard to the work performed by it during the Contract, will not discriminate on the grounds of race, color, national origin, creed, sex, age, or disability in the selection and retention of subcontractors, including procurements of materials and leases of equipment. Contractor will not participate either directly or indirectly in the discrimination prohibited by the Nondiscrimination Acts and Authorities, including employment practices when the Contract covers any activity, project, or program set forth in Appendix B of 49 CFR part 21 including amendments thereto.
3. Solicitations for Subcontracts, including procurements of Materials and Equipment. In all solicitations either by competitive bidding or negotiation made by Contractor for work to be performed under a subcontract, including procurements of materials, or leases of equipment, each potential subcontractor or supplier will be notified by Contractor of the contractor’s obligations under this Contract and the Nondiscrimination Acts and Authorities on the grounds of race, color, or national origin.
4. Information and Reports. Contractor will provide all information and reports required by the Acts, the Regulations, and directives issued pursuant thereto and will permit access to its books, records, accounts, other sources of information and its facilities as may be determined by the Owner or the FAA to be pertinent to ascertain compliance with such Nondiscrimination Acts and Authorities and instructions. Where any information required of Contractor is in the exclusive possession of another who fails or refuses to furnish the information, Contractor will so certify to Owner or the FAA, as appropriate, and will set forth what efforts it has made to obtain the information.
5. Sanctions for Noncompliance. In the event of Contractor's non-compliance with the non-discrimination provisions of this Contract, Owner will impose such contract sanctions as it or the FAA may determine to be appropriate, including, but not limited to:
  1. Withholding of payments to the contractor under the Contract until the Contractor complies, and/or
  2. Cancelling, terminating, or suspending a contract, in whole or in part.
6. Incorporation of Provisions. Contractor will include the provisions of paragraphs one through six in every subcontract, including procurements of materials and leases of equipment, unless exempt by the Acts, the Regulations, and directives issued pursuant thereto. Contractor will take action with respect to any subcontract or procurement as Owner or the FAA may direct as a means of enforcing such provisions including sanctions for non-compliance. Provided that if Contractor becomes involved in, or is threatened with, litigation by a subcontractor or a supplier as a result of such direction, Contractor may request Owner to enter into any litigation to protect the interest of Owner . In addition, Contractor may request the United States to enter into the litigation to protect the interest of the United States.
Requirements of contract bonds —
See Notice to Bidders and Instructions to Bidders.
Federal aid participation —
The United States Government has agreed to reimburse the Owner for some portion of the contract costs. The contract work is subject to the inspection and approval of duly authorized representatives of the FAA Administrator.
No requirement this contract shall be construed as making the United States a party to the contract nor will any such requirement interfere, in any way, with the rights of either party to the contract.
Storing Materials —
Unless otherwise arranged by the Contractor, buildings of the Owner shall not be used for storage or job office purposes. Open or exposed space for storage of material and construction of temporary job facilities will be allocated to the Contractor by the Owner. The Contractor, at his own expense, shall provide any temporary structures, such as rooms, bins, sheds, etc., as may be required for his purposes.
Payment for extra work —
Extra work, performed in accordance with the subsection 2.4.4 titled EXTRA WORK of Section 40, will be paid for at the contract prices or agreed prices specified in the change order or supplemental agreement authorizing the extra work.
Cooperation of Contractor —
The Contractor will be supplied with an electronic PDF of the plans and specifications. The Contractor shall have available on the work at all times one hard copy each of the plans and specifications. Additional hard copies of plans and specifications may be obtained by the Contractor for the cost of reproduction.
The Contractor shall give constant attention to the work to facilitate the progress thereof and shall cooperate with the RPR and his or her inspectors and with other contractors in every way possible. The Contractor shall have a competent superintendent on the work at all times who is fully authorized as his or her agent on the work. The superintendent shall be capable of reading and thoroughly understanding the plans and specifications and shall receive and fulfill instructions from the RPR or his or her authorized representative.
Issuance of proposal forms —
The Owner reserves the right to refuse to issue a proposal form to a prospective bidder should such bidder be in default for any of the following reasons:
1. Failure to comply with any prequalification regulations of the Owner, if such regulations are cited, or otherwise included, in the proposal as a requirement for bidding.
2. Failure to pay, or satisfactorily settle, all bills due for labor and materials on former contracts in force with the Owner at the time the Owner issues the proposal to a prospective bidder.
3. Documented record of Contractor default under previous contracts with the Owner.
4. Documented record of unsatisfactory work on previous contracts with the Owner.
Operational safety on airport during construction —
All Contractors’ operations shall be conducted in accordance with the project Construction Safety and Phasing Plan (CSPP) and the Safety Plan Compliance Document (SPCD) and the provisions set forth within the current version of AC 150/5370-2, Operational Safety on Airports During Construction. The CSPP included within the contract documents conveys minimum requirements for operational safety on the airport during construction activities. The Contractor shall prepare and submit a SPCD that details how it proposes to comply with the requirements presented within the CSPP.
The Contractor shall implement all necessary safety plan measures prior to commencement of any work activity. The Contractor shall conduct routine checks to assure compliance with the safety plan measures.
The Contractor is responsible to the Owner for the conduct of all subcontractors it employs on the project. The Contractor shall assure that all subcontractors are made aware of the requirements of the CSPP and SPCD and that they implement and maintain all necessary measures.
No deviation or modifications may be made to the approved CSPP and SPCD unless approved in writing by the Owner. The necessary coordination actions to review Contractor proposed modifications to an approved CSPP or approved SPCD can require a significant amount of time.
Submittals schedule —
The Contractor shall submit a detailed listing of all submittals (for example, mix designs, material certifications) and shop drawings required by the technical specifications. The listing can be developed in a spreadsheet format and shall include:
1. Specification item number
2. Item description
3. Description of submittal
4. Specification paragraph requiring submittal
5. Scheduled date of submittal
PREPARATION AND SUBMISSION OF BIDS —
1. Each bidder shall acknowledge receipt of all addenda through the online bidding system.
2. Bids containing reservations, conditions, omissions, items not required in the bid, or irregularities of any kind, may be rejected by the Owner as being incomplete and not qualified for consideration.
3. Each bid must indicate the full business name and address of the bidder and signed by a duly authorized official of the bidding company.
4. A bid submitted by a partnership must list the names of all partners and signed in the partnership name by one of the members of the partnership who is authorized to sign for the partnership.
5. A bid submitted by a Corporation must be executed in the legal name of the Corporation, followed by the state of incorporation and signed by the President or Vice President or other authorized person. The name of each person signing the bid must be typed below the signature.
6. When the person signing for a corporation is other than the President or Vice President and when requested by the Owner, Bidder shall provide a Power of Attorney or other satisfactory evidence of the authority of the officer signing on behalf of the Corporation for the Owner's records. The name of each person signing the bid must be typed below the signature.
7. The bid must be accompanied by a guaranty in the form of a Proposal Bond executed on the form provided in an amount equal to but not less than 5% of the aggregate amount of the main bid including the main bid options. If a bidder is awarded the contract, but fails, refuses, or neglects to execute the contract or to furnish either the required Payment or Performance Bonds 10 days after receipt of written Notice of Award, then the amount of the Proposal Bond shall be paid to, or retained by, the Owner as liquidated damages, and not as a penalty.
8. Each bidder is required to state that the bidder is the only person interested in the Bid; that the Bid is made without any connection with any person making another Bid for the same contract, and that the Bidder did not, in any way, collude, conspire, or agree, directly or indirectly with any person, firm, corporation or other person in regard to the amount, terms, or conditions of this Bid, also that no member of the Kenton County Airport Board (Owner) or any person in the employ of the Owner, is directly or indirectly interested in the Bid, or in the supplies or the work to which it relates, or in any portion of the profits thereof.
Engineer/Resident Project Representative (RPR) field office —
An Engineer/RPR field office is not required.
Cooperation between contractors —
The Owner reserves the right to contract for and perform other or additional work on or near the work covered by this contract.
When separate contracts are let within the limits of any one project, each Contractor shall conduct the work so as not to interfere with or hinder the progress of completion of the work being performed by other Contractors. Contractors working on the same project shall cooperate with each other as directed.
Each Contractor involved shall assume all liability, financial or otherwise, in connection with his or her contract and shall protect and hold harmless the Owner from any and all damages or claims that may arise because of inconvenience, delays, or loss experienced because of the presence and operations of other Contractors working within the limits of the same project.
The Contractor shall arrange their work and shall place and dispose of the materials being used to not interfere with the operations of the other Contractors within the limits of the same project. The Contractor shall join his or her work with that of the others in an acceptable manner and shall perform it in proper sequence to that of the others.
Partial payments —
Partial payments will be made to the Contractor at least once each month as the work progresses. Said payments will be based upon estimates, prepared by the RPR, of the value of the work performed and materials complete and in place, in accordance with the contract, plans, and specifications. Such partial payments may also include the delivered actual cost of those materials stockpiled and stored in accordance with the subsection 2.9.7 titled PAYMENT FOR MATERIALS ON HAND of this section. No partial payment will be made when the amount due to the Contractor since the last estimate amounts to less than five hundred dollars.
The Contractor is required to pay all subcontractors for satisfactory performance of their contracts no later than 30 days after the Contractor has received a partial payment. The Owner must ensure prompt and full payment of retainage from the prime Contractor to the subcontractor within 30 days after the subcontractor’s work is satisfactorily completed. A subcontractor’s work is satisfactorily completed when all the tasks called for in the subcontract have been accomplished and documented as required by the Owner. When the Owner has made an incremental acceptance of a portion of a prime contract, the work of a subcontractor covered by that acceptance is deemed to be satisfactorily completed.
From the total of the amount determined to be payable on a partial payment, ten percent (10%) of such total amount will be deducted and retained by the Owner until the final payment is made, except as may be provided (at the Contractor’s option) in the subsection 2.9.8 titled PAYMENT OF WITHHELD FUNDS of this section. After the Project is more than 50% complete, Owner will not withhold additional retainage from Contractor which would result in the Board retaining more than five percent (5%) of the total Contract amount. The balance of the amount payable, less all previous payments, shall be certified for payment. Should the Contractor exercise his or her option, as provided in the subsection 2.9.8 titled PAYMENT OF WITHHELD FUNDS of this section, no such percent retainage shall be deducted.
When at least 95% of the work has been completed, the Engineer shall, at the Owner’s discretion and with the consent of the surety, prepare estimates of both the contract value and the cost of the remaining work to be done.
The Owner may retain an amount not less than twice the contract value or estimated cost, whichever is greater, of the work remaining to be done. The remainder, less all previous payments and deductions, will then be certified for payment to the Contractor.
It is understood and agreed that the Contractor shall not be entitled to demand or receive partial payment based on quantities of work in excess of those provided in the proposal or covered by approved change orders or supplemental agreements, except when such excess quantities have been determined by the RPR to be a part of the final quantity for the item of work in question.
No partial payment shall bind the Owner to the acceptance of any materials or work in place as to quality or quantity. All partial payments are subject to correction at the time of final payment as provided in the subsection 2.9.9 titled ACCEPTANCE AND FINAL PAYMENT of this section.
The Contractor shall deliver to the Owner a complete release of all claims for labor and material arising out of this contract before the final payment is made. If any subcontractor or supplier fails to furnish such a release in full, the Contractor may furnish a bond or other collateral satisfactory to the Owner to indemnify the Owner against any potential lien or other such claim. The bond or collateral shall include all costs, expenses, and attorney fees the Owner may be compelled to pay in discharging any such lien or claim.
Construction/As Built Drawings And Specifications —
The Engineer will furnish the Contractor an electronic set(s) of general Drawings and Specifications. Contractor and/or subcontractors under his direction shall record on one set of prints each and every change that is made from general Drawings at the time it is made. These drawings shall be turned over to the Engineer upon completion of the Project.
Title VI Clauses for Construction/Use/Access to Real Property Acquired Under the Activity, Facility, or Program —
The following clauses will be included in deeds, licenses, permits, or similar instruments/agreements entered into by the Kenton County Airport Board pursuant to the provisions of the Airport Improvement Program grant assurances.
1. The (grantee, licensee, permittee, etc., as appropriate) for himself/herself, his/her heirs, personal representatives, successors in interest, and assigns, as a part of the consideration hereof, does hereby covenant and agree (in the case of deeds and leases add, “as a covenant running with the land”) that (1) no person on the ground of race, color, or national origin, will be excluded from participation in, denied the benefits of, or be otherwise subjected to discrimination in the use of said facilities, (2) that in the construction of any improvements on, over, or under such land, and the furnishing of services thereon, no person on the ground of race, color, or national origin, will be excluded from participation in, denied the benefits of, or otherwise be subjected to discrimination, (3) that the (grantee, licensee, lessee, permittee, etc.) will use the premises in compliance with all other requirements imposed by or pursuant to the Title VI List of Pertinent Nondiscrimination Acts and Authorities.
2. With respect to (licenses, leases, permits, etc.), in the event of breach of any of the above nondiscrimination covenants, the Kenton County Airport Board will have the right to terminate the (license, permit, etc., as appropriate) and to enter or re-enter and repossess said land and the facilities thereon, and hold the same as if said (license, permit, etc., as appropriate) had never been made or issued.
3. With respect to deeds, in the event of breach of any of the above nondiscrimination covenants, the Kenton County Airport Board will there upon revert to and vest in and become the absolute property of the Kenton County Airport Board and its assigns.
QUESTIONS / INTERPRETATIONS —
1. Each bidder must carefully examine the Project plans and documents and all addenda or other revisions and thoroughly familiarize itself with the detailed requirements prior to submitting a bid. Should a bidder find discrepancies or ambiguities in, or omission from the Project documents, or be in doubt as to their meaning, the bidder shall at once and, in any event at least seven days prior to the bid closing date, notify the engineer who will send written addenda to all bidders. All addenda sent to bidders will become a part of the Contract. No allowance will be made after bids are received for oversight or error by bidder.
2. Owner/Engineer is not bound by and bidders may not request or rely on any oral interpretation or clarification of this ITB . Therefore any questions regarding this ITB are encouraged and must be submitted electronically using the Q&A tab of this ITB on Owner’s online bidding system, which can be accessed at https://procurement.opengov.com/portal/cvgairport.
  
  Questions received on or before Friday, April 3, 2026 at 11:59 pm will be posted on the Q&A tab of this ITB on the bidding system no later than Tuesday, April 7, 2026 at 11:59 pm. Answers to questions from any Bidder will be available to all Bidders.
  
  All communications regarding this invitation to bid must only be through the Contract and Procurement Administration Department. No communication is to be directed to any other Owner personnel unless otherwise instructed by the Contract and Procurement Administration Department. Failure to comply may result in the disqualification of respondent’s bid.
References —
The publications listed below form a part of this specification to the extent referenced. The publications are referred to within the text by the basic designation only.
Advisory Circulars (AC)
AC 150/5200-33                 Hazardous Wildlife Attractants on or Near Airports
AC 150/5370-2                   Operational Safety on Airports During Construction
ASTM International (ASTM)
ASTM D6461                       Standard Specification for Silt Fence Materials
United States Department of Agriculture (USDA)
FAA/USDA Wildlife Hazard Management at Airports, A Manual for Airport Personnel
Basis Of Measurement And Payment —
Based upon the contract lump sum price for “Mobilization” partial payments will be allowed as follows:
1. With first pay request, 25%.
2. When 25% or more of the original contract is earned, an additional 25%.
3. When 50% or more of the original contract is earned, an additional 40%.
4. After Final Inspection, Staging area clean-up and delivery of all Contractor Final Project Documentation materials as required by 2.9.11, the final 10%.
Maintenance of traffic —
It is the explicit intention of the contract that the safety of aircraft, as well as the Contractor’s equipment and personnel, is the most important consideration. The Contractor shall maintain traffic in the manner detailed in the Construction Safety and Phasing Plan (CSPP).
1. It is understood and agreed that the Contractor shall provide for the free and unobstructed movement of aircraft in the air operations areas (AOAs) of the airport with respect to his or her own operations and the operations of all subcontractors as specified in the subsection 2.8.4 titled LIMITATION OF OPERATIONS of Section 80. It is further understood and agreed that the Contractor shall provide for the uninterrupted operation of visual and electronic signals (including power supplies thereto) used in the guidance of aircraft while operating to, from, and upon the airport as specified in the subsection 2.7.15 titled CONTRACTOR’S RESPONSIBILITY FOR UTILITY SERVICE AND FACILITIES OF OTHERS in Section 70.
2. With respect to his or her own operations and the operations of all subcontractors, the Contractor shall provide marking, lighting, and other acceptable means of identifying personnel, equipment, vehicles, storage areas, and any work area or condition that may be hazardous to the operation of aircraft, fire-rescue equipment, or maintenance vehicles at the airport in accordance with the construction safety and phasing plan (CSPP) and the safety plan compliance document (SPCD)..
3. When the contract requires the maintenance of vehicular traffic on an existing road, street, or highway during the Contractor’s performance of work that is otherwise provided for in the contract, plans, and specifications, the Contractor shall keep such road, street, or highway open to all traffic and shall provide such maintenance as may be required to accommodate traffic. The Contractor, at their expense, is responsible for the repair to equal or better than preconstruction conditions of any damage caused by the Contractor’s equipment and personnel. The Contractor shall furnish, erect, and maintain barricades, warning signs, flag person, and other traffic control devices in reasonable conformity with the Manual on Uniform Traffic Control Devices (MUTCD) (http://mutcd.fhwa.dot.gov/), unless otherwise specified. The Contractor shall also construct and maintain in a safe condition any temporary connections necessary for ingress to and egress from abutting property or intersecting roads, streets or highways.
Storage of materials —
Materials shall be so stored as to assure the preservation of their quality and fitness for the work. Stored materials, even though approved before storage, may again be inspected prior to their use in the work. Stored materials shall be located to facilitate their prompt inspection. The Contractor shall coordinate the storage of all materials with the RPR. Materials to be stored on airport property shall not create an obstruction to air navigation nor shall they interfere with the free and unobstructed movement of aircraft. Unless otherwise shown on the plans and/or CSPP, the storage of materials and the location of the Contractor’s plant and parked equipment or vehicles shall be as directed by the RPR. Private property shall not be used for storage purposes without written permission of the Owner or lessee of such property. The Contractor shall make all arrangements and bear all expenses for the storage of materials on private property. Upon request, the Contractor shall furnish the RPR a copy of the property Owner’s permission.
All storage sites on private or airport property shall be restored to their original condition by the Contractor at his or her entire expense, except as otherwise agreed to (in writing) by the Owner or lessee of the property.
Execution of contract —
The successful bidder shall sign (execute) the necessary agreements for entering into the contract and return the signed contract to the Owner, along with the fully executed surety bond or bonds specified in the subsection 2.3.5 titled REQUIREMENTS OF CONTRACT BONDS of this section, and a Site-Specific Safety Plan within 10 calendar days from the date mailed or otherwise delivered to the successful bidder.
Inspection requirements —
QC inspection functions shall be organized to provide inspections for all definable features of work, as detailed below. All inspections shall be documented by the Contractor as specified by subsection 3.1.9.
Inspections shall be performed daily to ensure continuing compliance with contract requirements until completion of the particular feature of work. These shall include the following minimum requirements:
1. During plant operation for material production, quality control test results and periodic inspections shall be used to ensure the quality of aggregates and other mix components, and to adjust and control mix proportioning to meet the approved mix design and other requirements of the technical specifications. All equipment used in proportioning and mixing shall be inspected to ensure its proper operating condition. The CQCP shall detail how these and other quality control functions will be accomplished and used.
2. During field operations, quality control test results and periodic inspections shall be used to ensure the quality of all materials and workmanship. All equipment used in placing, finishing, and compacting shall be inspected to ensure its proper operating condition and to ensure that all such operations are in conformance to the technical specifications and are within the plan dimensions, lines, grades, and tolerances specified. The CQCP shall document how these and other quality control functions will be accomplished and used.
Sanitary, health, and safety provisions —
The Contractor’s worksite and facilities shall comply with applicable federal, state, and local requirements for health, safety and sanitary provisions.
Shoring —
All permanent and temporary shoring, anchoring, and bracing required by the nature of this work, in order to make all parts absolutely stable and rigid, shall be provided, even when such shoring, anchoring, and bracing are not explicitly called for. The Contractor will be held strictly accountable for any damage on the premises resulting from failures to provide it, due to lack of proper judgment or for any other cause. Shoring shall conform with the Occupation Safety and Health Standards of the U.S. Department of Labor.
Character of workers, methods, and equipment —
The Contractor shall, at all times, employ sufficient labor and equipment for prosecuting the work to full completion in the manner and time required by the contract, plans, and specifications.
All workers shall have sufficient skill and experience to perform properly the work assigned to them. Workers engaged in special work or skilled work shall have sufficient experience in such work and in the operation of the equipment required to perform the work satisfactorily.
Any person employed by the Contractor or by any subcontractor who violates any operational regulations or operational safety requirements and, in the opinion of the RPR, does not perform his work in a proper and skillful manner or is intemperate or disorderly shall, at the written request of the RPR, be removed immediately by the Contractor or subcontractor employing such person, and shall not be employed again in any portion of the work without approval of the RPR.
Should the Contractor fail to remove such persons or person or fail to furnish suitable and sufficient personnel for the proper execution of the work, the RPR may suspend the work by written notice until compliance with such orders.
All equipment that is proposed to be used on the work shall be of sufficient size and in such mechanical condition as to meet requirements of the work and to produce a satisfactory quality of work. Equipment used on any portion of the work shall be such that no injury to previously completed work, adjacent property, or existing airport facilities will result from its use.
When the methods and equipment to be used by the Contractor in accomplishing the work are not prescribed in the contract, the Contractor is free to use any methods or equipment that will accomplish the work in conformity with the requirements of the contract, plans, and specifications.
When the contract specifies the use of certain methods and equipment, such methods and equipment shall be used unless others are authorized by the RPR. If the Contractor desires to use a method or type of equipment other than specified in the contract, the Contractor may request authority from the RPR to do so. The request shall be in writing and shall include a full description of the methods and equipment proposed and of the reasons for desiring to make the change. If approval is given, it will be on the condition that the Contractor will be fully responsible for producing work in conformity with contract requirements. If, after trial use of the substituted methods or equipment, the RPR determines that the work produced does not meet contract requirements, the Contractor shall discontinue the use of the substitute method or equipment and shall complete the remaining work with the specified methods and equipment. The Contractor shall remove any deficient work and replace it with work of specified quality or take such other corrective action as the RPR may direct. No change will be made in basis of payment for the contract items involved nor in contract time as a result of authorizing a change in methods or equipment under this subsection.
Interpretation of estimated proposal quantities —
An estimate of quantities of work to be done and materials to be furnished under these specifications is given in the proposal. It is the result of careful calculations and is believed to be correct. It is given only as a basis for comparison of proposals and the award of the contract. The Owner does not expressly, or by implication, agree that the actual quantities involved will correspond exactly therewith; nor shall the bidder plead misunderstanding or deception because of such estimates of quantities, or of the character, location, or other conditions pertaining to the work. Payment to the Contractor will be made only for the actual quantities of work performed or materials furnished in accordance with the plans and specifications. It is understood that the quantities may be increased or decreased as hereinafter provided in the subsection 2.4.2 titled ALTERATION OF WORK AND QUANTITIES of Section 40 without in any way invalidating the unit bid prices.
Implementation of the safety plan is to be included in other bid items.
Unacceptable materials —
Any material or assembly that does not conform to the requirements of the contract, plans, or specifications shall be considered unacceptable and shall be rejected. The Contractor shall remove any rejected material or assembly from the site of the work, unless otherwise instructed by the RPR.
Rejected material or assembly, the defects of which have been corrected by the Contractor, shall not be returned to the site of the work until such time as the RPR has approved its use in the work.
Public convenience and safety —
The Contractor shall control his or her operations and those of his or her subcontractors and all suppliers, to assure the least inconvenience to the traveling public. Under all circumstances, safety shall be the most important consideration.
The Contractor shall maintain the free and unobstructed movement of aircraft and vehicular traffic with respect to their own operations and those of their subcontractors and all suppliers in accordance with the subsection 2.4.5 titled MAINTENANCE OF TRAFFIC of Section 40 and shall limit such operations for the convenience and safety of the traveling public as specified in the subsection 2.8.4 titled LIMITATION OF OPERATIONS of Section 80, paragraph 2.8.4, Limitation of Operations.
The Contractor shall remove or control debris and rubbish resulting from its work operations at frequent intervals, and upon the order of the RPR. If the RPR determines the existence of Contractor debris in the work site represents a hazard to airport operations and the Contractor is unable to respond in a prompt and reasonable manner, the RPR reserves the right to assign the task of debris removal to a third party and recover the resulting costs as a liquidated damage against the Contractor.
Approval of contract —
Upon receipt of the contract and contract bond or bonds that have been executed by the successful bidder, the Owner shall complete the execution of the contract in accordance with local laws or ordinances and return the fully executed contract to the Contractor. Delivery of the fully executed contract to the Contractor shall constitute the Owner’s approval to be bound by the successful bidder’s proposal and the terms of the contract.
Dust Control —
The Contractor is responsible for utilizing a dust mitigation plan for all activities creating dust, and must act when dust is encountered on site. It is the intent of these Specifications that the Contractor will, by watering, chemicals, vegetation, or other means, prevent the occurrence of dust which will be objectionable to the residents of the area or violate existing laws or regulations or cause hazards to air traffic. At any time that dust, caused by the construction, becomes excessive, in the opinion of the Resident Project Representative, due to inadequate control measures by the Contractor, the Resident Project Representative shall order the Contractor to suspend all activities causing the problem until adequate measures are instigated.
Examination of plans, specifications, and site —
The bidder is expected to carefully examine the site of the proposed work, the proposal, plans, specifications, and contract forms. Bidders shall satisfy themselves as to the character, quality, and quantities of work to be performed, materials to be furnished, and as to the requirements of the proposed contract. The submission of a proposal shall be prima facie evidence that the bidder has made such examination and is satisfied as to the conditions to be encountered in performing the work and as to the requirements of the proposed contract, plans, and specifications.
If applicable, boring logs and other records of subsurface investigations and tests are available for inspection of bidders. It is understood and agreed that such subsurface information, whether included in the plans, specifications, or otherwise made available to the bidder, was obtained and is intended for the Owner’s design and estimating purposes only. Such information has been made available for the convenience of all bidders. It is further understood and agreed that each bidder is solely responsible for all assumptions, deductions, or conclusions which the bidder may make or obtain from their own examination of the boring logs and other records of subsurface investigations and tests that are furnished by the Owner.
Title VI List of Pertinent Nondiscrimination Acts and Authorities —
During the performance of this contract, the Contractor, for itself, its assignees, and successors in interest (hereinafter referred to as the “Contractor”) agrees to comply with the following non-discrimination statutes and authorities; including but not limited to:
- Title VI of the Civil Rights Act of 1964 (42 U.S.C. § 2000d et seq., 78 stat. 252), (prohibits discrimination on the basis of race, color, national origin);
- 49 CFR part 21 (Non-discrimination in Federally-Assisted Programs of The Department of Transportation—Effectuation of Title VI of The Civil Rights Act of 1964) including amendments thereto;
- The Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970, (42 U.S.C. § 4601), (prohibits unfair treatment of persons displaced or whose property has been acquired because of Federal or Federal-aid programs and projects);
- Section 504 of the Rehabilitation Act of 1973, (29 U.S.C. § 794 et seq.), as amended, (prohibits discrimination on the basis of disability); and 49 CFR part 27 (Nondiscrimination on the Basis of Disability in Programs or Activities Receiving Federal Financial Assistance);
- The Age Discrimination Act of 1975, as amended, (42 U.S.C. § 6101 et seq.), (prohibits discrimination on the basis of age);
- Airport and Airway Improvement Act of 1982, (49 U.S.C. § 471, Section 47123), as amended, (prohibits discrimination based on race, creed, color, national origin, or sex);
- The Civil Rights Restoration Act of 1987, (P.L. 100-259), (broadened the scope, coverage and applicability of Title VI of the Civil Rights Act of 1964, The Age Discrimination Act of 1975 and Section 504 of the Rehabilitation Act of 1973, by expanding the definition of the terms “programs or activities” to include all of the programs or activities of the Federal-aid recipients, sub-recipients and contractors, whether such programs or activities are Federally funded or not);
- Titles II and III of the Americans with Disabilities Act of 1990 (42 U.S.C. § 12101, et seq) (prohibit discrimination on the basis of disability in the operation of public entities, public and private transportation systems, places of public accommodation, and certain testing entities) as implemented by Department of Transportation regulations at 49 CFR Parts 37 and 38;
- Title IX of the Education Amendments of 1972, as amended, which prohibits you from discriminating because of sex in education programs or activities (20 U.S.C. 1681, et seq).
Contractor QC testing facility —
1. For projects that include Item P-401, Item P-403, and Item P-404, the Contractor shall ensure facilities, including all necessary equipment, materials, and current reference standards, are provided that meet requirements in the following paragraphs of ASTM D3666, Standard Specification for Minimum Requirements for Agencies Testing and Inspecting Road and Paving Materials:
  • 8.1.3 Equipment Calibration and Checks;
  • 8.1.9 Equipment Calibration, Standardization, and Check Records;
  • 8.1.12 Test Methods and Procedures
2. For projects that include P-501, the Contractor shall ensure facilities, including all necessary equipment, materials, and current reference standards, are provided that meet requirements in the following paragraphs of ASTM C1077, Standard Practice for Agencies Testing Concrete and Concrete Aggregates for Use in Construction and Criteria for Testing Agency Evaluation:
  • 7 Test Methods and Procedures
  • 8 Facilities, Equipment, and Supplemental Procedures
MODIFICATIONS AND/OR WITHDRAWAL OF PROPOSALS —
1. A bidder may withdraw or revise (by withdrawal of one proposal and submission of another) a bid through the online bidding system provided that the bidder withdrawals its submittal before the bid closing date and time. Revised bids must be submitted before the bid closing date and time.
2. Errors or omissions on the part of the bidder in the preparation of its bid is not grounds for the modification or withdrawal of a bid after the bid closing date and time.
Federal Fair Labor Standards Act (Federal Minimum Wage) —
This Contract incorporates by reference the provisions of 29 CFR part 201, the Federal Fair Labor Standards Act (FLSA), with the same force and effect as if given in full text. The FLSA sets minimum wage, overtime pay, recordkeeping, and child labor standards for full and part time workers. The Contractor has full responsibility to monitor compliance to the referenced statute or regulation. The Contractor must address any claims or disputes that arise from this requirement directly with the U.S. Department of Labor – Wage and Hour Division.
Construction layout and stakes —
The Engineer/RPR shall establish necessary horizontal and vertical control. The establishment of Survey Control and/or reestablishment of survey control shall be by a state licensed land surveyor. Contractor is responsible for preserving integrity of horizontal and vertical controls established by Engineer/RPR. In case of negligence on the part of the Contractor, or their employees, resulting in the destruction of any horizontal and vertical control, the resulting costs will be deducted as liquidated damage against the Contractor.
Prior to the start of construction, the Contractor will check all control points for horizontal and vertical accuracy and certify in writing to the RPR that the Contractor concurs with survey control established for the project. All lines, grades and measurements from control points necessary for the proper execution and control of the work on this project will be provided to the RPR. The Contractor is responsible to establish all layout required for the construction of the project.
Copies of survey notes will be provided to the RPR for each area of construction and for each placement of material as specified to allow the RPR to make periodic checks for conformance with plan grades, alignments and grade tolerances required by the applicable material specifications. Surveys will be provided to the RPR prior to commencing work items that will cover or disturb the survey staking. Survey(s) and notes shall be provided in the following format(s): the most recent version of AutoCAD.
Laser, GPS, String line, or other automatic control shall be checked with temporary control as necessary. In the case of error, on the part of the Contractor, their surveyor, employees or subcontractors, resulting in established grades, alignment or grade tolerances that do not concur with those specified or shown on the plans, the Contractor is solely responsible for correction, removal, replacement and all associated costs at no additional cost to the Owner.
No direct payment will be made, unless otherwise specified in contract documents, for this labor, materials, or other expenses. The cost shall be included in the price of the bid for the various items of the Contract.
Payment for materials on hand —
Partial payments may be made to the extent of the delivered cost of materials to be incorporated in the work, provided that such materials meet the requirements of the contract, plans, and specifications and are delivered to acceptable sites on the airport property or at other sites in the vicinity that are acceptable to the Owner. Such delivered costs of stored or stockpiled materials may be included in the next partial payment after the following conditions are met:
1. The material has been stored or stockpiled in a manner acceptable to the RPR at or on an approved site.
2. The Contractor has furnished the RPR with acceptable evidence of the quantity and quality of such stored or stockpiled materials.
3. The Contractor has furnished the RPR with satisfactory evidence that the material and transportation costs have been paid.
4. The Contractor has furnished the Owner legal title (free of liens or encumbrances of any kind) to the material so stored or stockpiled.
5. The Contractor has furnished the Owner evidence that the material so stored or stockpiled is insured against loss by damage to or disappearance of such materials at any time prior to use in the work.
It is understood and agreed that the transfer of title and the Owner’s payment for such stored or stockpiled materials shall in no way relieve the Contractor of his or her responsibility for furnishing and placing such materials in accordance with the requirements of the contract, plans, and specifications.
In no case will the amount of partial payments for materials on hand exceed the contract price for such materials or the contract price for the contract item in which the material is intended to be used.
No partial payment will be made for stored or stockpiled living or perishable plant materials.
The Contractor shall bear all costs associated with the partial payment of stored or stockpiled materials in accordance with the provisions of this paragraph.
Removal of existing structures —
All existing structures encountered within the established lines, grades, or grading sections shall be removed by the Contractor, unless such existing structures are otherwise specified to be relocated, adjusted up or down, salvaged, abandoned in place, reused in the work or to remain in place. The cost of removing such existing structures shall not be measured or paid for directly but shall be included in the various contract items.
Should the Contractor encounter an existing structure (above or below ground) in the work for which the disposition is not indicated on the plans, the Resident Project Representative (RPR) shall be notified prior to disturbing such structure. The disposition of existing structures so encountered shall be immediately determined by the RPR in accordance with the provisions of the contract.
Except as provided in the subsection 2.4.7 titled RIGHTS IN AND USE OF MATERIALS FOUND IN THE WORK of this section, it is intended that all existing materials or structures that may be encountered (within the lines, grades, or grading sections established for completion of the work) shall be used in the work as otherwise provided for in the contract and shall remain the property of the Owner when so used in the work.
Payment —
Payment will be made under:
Item C-105 Mobilization
Temporary suspension of the work —
The Owner shall have the authority to suspend the work wholly, or in part, for such period or periods as the Owner may deem necessary, due to unsuitable weather, or other conditions considered unfavorable for the execution of the work, or for such time necessary due to the failure on the part of the Contractor to carry out orders given or perform any or all provisions of the contract.
In the event that the Contractor is ordered by the Owner, in writing, to suspend work for some unforeseen cause not otherwise provided for in the contract and over which the Contractor has no control, the Contractor may be reimbursed for actual money expended on the work during the period of shutdown. No allowance will be made for anticipated profits. The period of shutdown shall be computed from the effective date of the written order to suspend work to the effective date of the written order to resume the work. Claims for such compensation shall be filed with the RRP within the time period stated in the RPR’s order to resume work. The Contractor shall submit with their claim information substantiating the amount shown on the claim. The RPR will forward the Contractor’s claim to the Owner for consideration in accordance with local laws or ordinances. No provision of this article shall be construed as entitling the Contractor to compensation for delays due to inclement weather or for any other delay provided for in the contract, plans, or specifications.
If it should become necessary to suspend work for an indefinite period, the Contractor shall store all materials in such manner that they will not become an obstruction nor become damaged in any way. The Contractor shall take every precaution to prevent damage or deterioration of the work performed and provide for normal drainage of the work. The Contractor shall erect temporary structures where necessary to provide for traffic on, to, or from the airport.
Quality control testing plan —
As a part of the overall CQCP, the Contractor shall implement a quality control testing plan, as required by the technical specifications. The testing plan shall include the minimum tests and test frequencies required by each technical specification Item, as well as any additional quality control tests that the Contractor deems necessary to adequately control production and/or construction processes.
The testing plan can be developed in a spreadsheet fashion and shall, as a minimum, include the following:
1. Specification item number (for example, P-401)
2. Item description (for example, Hot Mix Asphalt Pavements)
3. Test type (for example, gradation, grade, asphalt content)
4. Test standard (for example, ASTM or American Association of State Highway and Transportation Officials (AASHTO) test number, as applicable)
5. Test frequency (for example, as required by technical specifications or minimum frequency when requirements are not stated)
6. Responsibility (for example, plant technician)
7. Control requirements (for example, target, permissible deviations)
The testing plan shall contain a statistically-based procedure of random sampling for acquiring test samples in accordance with ASTM D3665. The RPR shall be provided the opportunity to witness quality control sampling and testing.
All quality control test results shall be documented by the Contractor as required by subsection 3.1.9.
Rights in and use of materials found in the work —
Should the Contractor encounter any material such as (but not restricted to) sand, stone, gravel, slag, or concrete slabs within the established lines, grades, or grading sections, the use of which is intended by the terms of the contract to be embankment, the Contractor may at their option either:
1. Use such material in another contract item, providing such use is approved by the RPR and is in conformance with the contract specifications applicable to such use; or,
2. Remove such material from the site, upon written approval of the RPR; or
3. Use such material for the Contractor’s own temporary construction on site; or,
4. Use such material as intended by the terms of the contract.
Should the Contractor wish to exercise option a., b., or c., the Contractor shall request the RPR’s approval in advance of such use.
Should the RPR approve the Contractor’s request to exercise option a., b., or c., the Contractor shall be paid for the excavation or removal of such material at the applicable contract price. The Contractor shall replace, at their expense, such removed or excavated material with an agreed equal volume of material that is acceptable for use in constructing embankment, backfills, or otherwise to the extent that such replacement material is needed to complete the contract work. The Contractor shall not be charged for use of such material used in the work or removed from the site.
Should the RPR approve the Contractor’s exercise of option a., the Contractor shall be paid, at the applicable contract price, for furnishing and installing such material in accordance with requirements of the contract item in which the material is used.
It is understood and agreed that the Contractor shall make no claim for delays by reason of his or her exercise of option a., b., or c.
The Contractor shall not excavate, remove, or otherwise disturb any material, structure, or part of a structure which is located outside the lines, grades, or grading sections established for the work, except where such excavation or removal is provided for in the contract, plans, or specifications.
Payment of withheld funds —
At the Contractor’s option, if an Owner withholds retainage in accordance with the methods described in subsection 2.9.6 PARTIAL PAYMENTS, the Contractor may request that the Owner deposit the retainage into an escrow account. The Owner’s deposit of retainage into an escrow account is subject to the following conditions:
1. The Contractor shall bear all expenses of establishing and maintaining an escrow account and escrow agreement acceptable to the Owner.
2. The Contractor shall deposit to and maintain in such escrow only those securities or bank certificates of deposit as are acceptable to the Owner and having a value not less than the retainage that would otherwise be withheld from partial payment.
3. The Contractor shall enter into an escrow agreement satisfactory to the Owner.
4. The Contractor shall obtain the written consent of the surety to such agreement.
Authority and duties of Quality Assurance (QA) inspectors —
QA Inspectors shall be authorized to inspect all work done and all material furnished. Such QA inspection may extend to all or any part of the work and to the preparation, fabrication, or manufacture of the materials to be used. QA inspectors are not authorized to revoke, alter, or waive any provision of the contract. QA inspectors are not authorized to issue instructions contrary to the plans and specifications or to act as foreman for the Contractor.
QA inspectors are authorized to notify the Contractor or his or her representatives of any failure of the work or materials to conform to the requirements of the contract, plans, or specifications and to reject such nonconforming materials in question until such issues can be referred to the RPR for a decision.
Construction Safety and Phasing Plan (CSPP) —
The Contractor shall complete the work in accordance with the approved Construction Safety and Phasing Plan (CSPP) developed in accordance with AC 150/5370-2, Operational Safety on Airports During Construction. The CSPP is on sheet(s) N/A of the project plans.
Preparation of proposal —
The bidder shall submit his or her proposal on the forms furnished by the Owner. All blank spaces in the proposal forms unless explicitly stated otherwise, must be correctly filled in where indicated for each and every item for which a quantity is given.
If the proposal is made by an individual, his/her name and post office address must be shown. If made by a partnership, the name and post office address of each member of the partnership must be shown. If made by a corporation, the person signing the proposal shall give the name of the state under the laws of which the corporation was chartered and the name, titles, and business address of the president, secretary, and the treasurer. Anyone signing a proposal as an agent shall file evidence of his/her authority to do so and that the signature is binding upon the firm or corporation.
Determination and extension of contract time —
The number of calendar days allowed for completion of the work shall be stated in the proposal and contract and shall be known as the CONTRACT TIME.
If the contract time require extension for reasons beyond the Contractor’s control, it shall be adjusted as follows:
Contract Time based on calendar days shall consist of the number of calendar days stated in the contract counting from the effective date of the notice to proceed and including all Saturdays, Sundays, holidays, and non-workdays. All calendar days elapsing between the effective dates of the Owner’s orders to suspend and resume all work, due to causes not the fault of the Contractor, shall be excluded.
At the time of final payment, the contract time shall be increased in the same proportion as the cost of the actually completed quantities bears to the cost of the originally estimated quantities in the proposal. Such increase in the contract time shall not consider either cost of work or the extension of contract time that has been covered by a change order or supplemental agreement. Charges against the contract time will cease as of the date of final acceptance.
If the Contractor finds it impossible for reasons beyond their control to complete the work within the contract time as specified, or as extended in accordance with the provisions of this subsection, the Contractor may, at any time prior to the expiration of the contract time as extended, make a written request to the Owner for an extension of time setting forth the reasons which the Contractor believes will justify the granting of his or her request. Requests for extension of time, caused by inclement weather, shall be supported with National Weather Bureau data showing the actual amount of inclement weather exceeded what could normally be expected during the contract period. The Contractor’s plea that insufficient time was specified is not a valid reason for extension of time. If the supporting documentation justify the work was delayed because of conditions beyond the control and without the fault of the Contractor, the Owner may extend the time for completion by a change order that adjusts the contract time or completion date. The extended time for completion shall then be in full force and effect, the same as though it were the original time for completion.
Failure to execute contract —
Failure of the successful bidder to execute the contract and furnish an acceptable surety bond or bonds within the 15-calendar day period specified in the subsection 2.3.5 titled REQUIREMENTS OF CONTRACT BONDS of this section shall be just cause for cancellation of the award and forfeiture of the proposal guaranty, not as a penalty, but as liquidation of damages to the Owner.
Owner furnished materials —
The Contractor shall furnish all materials required to complete the work, except those specified, if any, to be furnished by the Owner. Owner-furnished materials shall be made available to the Contractor at the location specified.
All costs of handling, transportation from the specified location to the site of work, storage, and installing Owner-furnished materials shall be included in the unit price bid for the contract item in which such Owner-furnished material is used.
After any Owner-furnished material has been delivered to the location specified, the Contractor shall be responsible for any demurrage, damage, loss, or other deficiencies that may occur during the Contractor’s handling, storage, or use of such Owner-furnished material. The Owner will deduct from any monies due or to become due the Contractor any cost incurred by the Owner in making good such loss due to the Contractor’s handling, storage, or use of Owner-furnished materials.
References —
The publications listed below form a part of this specification to the extent referenced. The publications are referred to within the text by the basic designation only.
Office of Federal Contract Compliance Programs (OFCCP)
Executive Order 11246, as amended
EEOC-P/E-1 – Equal Employment Opportunity is the Law Poster
United States Department of Labor, Wage and Hour Division (WHD)
WH 1321 – Employee Rights under the Davis-Bacon Act Poster
REJECTION OF BIDS —
The Owner reserves the right to waive any informality or irregularity in any bid or bid guaranty, to reject any or all bids, to award or refrain from rewarding a contract for the work, and to negotiate with the apparent qualified responsible low bidder(s) to such extent as may be beneficial to the Owner.
Occupational Safety and Health Act of 1970 —
This Contract incorporates by reference the requirements of 29 CFR Part 1910 with the same force and effect as if given in full text. Contractor must provide a work environment that is free from recognized hazards that may cause death or serious physical harm to the employee. The Contractor retains full responsibility to monitor its compliance and their subcontractor’s compliance with the applicable requirements of the Occupational Safety and Health Act of 1970 (20 CFR Part 1910). Contractor must address any claims or disputes that pertain to a referenced requirement directly with the U.S. Department of Labor – Occupational Safety and Health Administration.
CLEAN AIR AND WATER POLLUTION CONTROL —
Contractor agrees to comply with all applicable standards, orders, and regulations issued pursuant to the Clean Air Act (42 U.S.C. §§ 7401-7671q) and the Federal Water Pollution Control Act as amended (33 U.S.C. §§ 1251-1387). The Contractor agrees to report any violation to Owner immediately upon discovery. Owner assumes responsibility for notifying the Environmental Protection Agency (EPA) and the Federal Aviation Administration. Contractor must include this requirement in all subcontracts that exceed $150,000.
Protection Of Existing Facilities —
All existing facilities will be carefully protected by the Contractor. Any facilities damaged by the Contractor will be repaired immediately and restored to original condition. All facilities and pavement surfaces to remain exposed shall be protected from asphalt and paint spray by suitable means. These and any other above ground facilities shall be cleaned, if asphalt or paint is deposited on them, to the satisfaction of the Engineer.
Final cleanup —
Upon completion of the work and before acceptance and final payment will be made, the Contractor shall remove from the site all machinery, equipment, surplus and discarded materials, rubbish, temporary structures, and stumps or portions of trees. The Contractor shall cut all brush and woods within the limits indicated and shall leave the site in a neat and presentable condition. Material cleared from the site and deposited on adjacent property will not be considered as having been disposed of satisfactorily, unless the Contractor has obtained the written permission of the property Owner.
CONTRACT WORKHOURS AND SAFETY STANDARDS ACT —
1. Overtime Requirements. No contractor or subcontractor contracting for any part of the contract work which may require or involve the employment of laborers or mechanics shall require or permit any such laborer or mechanic, including watchmen and guards, in any work week in which he or she is employed on such work to work in excess of 40 hours in such work week unless such laborer or mechanic receives compensation at a rate not less than 1 ½ times his basic rate of pay for all hours worked in excess of 40 hours in such work week.
2. Violations, Liability for Unpaid Wages, Liquidated Damages. In the event of any violation of the clause set forth in paragraph A. above, the Contractor and any subcontractor responsible therefore shall be liable for the unpaid wages. In addition, such contractor and subcontractor shall be liable to the United States (in the case of work done under contract for the District of Columbia or a territory, to such District or to such territory) for liquidated damages. Such liquidated damages shall be computed with respect to each individual laborer or mechanic, including watchmen and guards, employed in violation of the clause set forth in paragraph A. of this clause, in the sum of $29 for each calendar day on which such individual was required or permitted to work in excess of the standard work week of 40 hours without payment of the overtime wages required by the clause set forth in paragraph A. above.
3. Withholding for Unpaid Wages and Liquidated Damages. The FAA or Owner shall upon its own action or upon written request of an authorized representative of the Department of Labor withhold or cause to be withheld, from any monies payable on account of work performed by the contractor or subcontractor under any such contract or any other Federal contract with the same prime contractor, or any other federally assisted contract subject to the Contract Work Hours and Safety Standards Act, which is held by the same prime contractor, such sums as may be determined to be necessary to satisfy any liabilities of such contractor or subcontractor of unpaid wages and liquidated damages as provided in the clause set forth in paragraph B. above.
4. Subcontractors. The Contractor or subcontractor shall insert in any subcontracts the clauses set forth in paragraph (A) through (D) of this Section and also a clause requiring any lower tier subcontractors to include these clauses in any lower tier subcontracts. The prime contractor is responsible for compliance by any subcontractor or lower tier subcontractor with the clauses set forth in paragraphs (A) through (D) of this Section.
Failure to complete on time —
For each calendar day or working day, as specified in the contract, that any work remains uncompleted after the contract time (including all extensions and adjustments as provided in the subsection 2.8.8 titled DETERMINATION AND EXTENSION OF CONTRACT TIME of this Section) the sum specified in the contract and proposal as liquidated damages will be deducted from any money due or to become due the Contractor or his or her surety. Such deducted sums shall not be deducted as a penalty but shall be considered as liquidation of a reasonable portion of damages including but not limited to additional engineering services that will be incurred by the Owner should the Contractor fail to complete the work in the time provided in their contract.
The maximum construction time allowed will be the sum of time allowed for individual phases in Table 80-08 below. Permitting the Contractor to continue and finish the work or any part of it after the time fixed for its completion, or after the date to which the time for completion may have been extended, will in no way operate as a wavier on the part of the Owner of any of its rights under the contract.
Table 80-80
Liquidated Damages
PHASE DURATION
(# OF DAYS) LIQUIDATED
DAMAGES
Bid Pkg 1 - SWTP 120 Days $500.00/Day
Bid Pkg 2 - Beacon 45 Days $500.00/Day
Bid Pkg 3 - Conc A 300 Days $500.00/Day

Note: The durations listed in Table 80-80, as well as on the attached drawings, are suggested timeframes. The Contractor is encouraged to shorten the timeframe in accordance with their approach.
Documentation —
The Contractor shall maintain current quality control records of all inspections and tests performed. These records shall include factual evidence that the required inspections or tests have been performed, including type and number of inspections or tests involved; results of inspections or tests; nature of defects, deviations, causes for rejection, etc.; proposed remedial action; and corrective actions taken.
These records must cover both conforming and defective or deficient features and must include a statement that all supplies and materials incorporated in the work are in full compliance with the terms of the contract. Legible copies of these records shall be furnished to the RPR daily. The records shall cover all work placed subsequent to the previously furnished records and shall be verified and signed by the CQCPA.
Contractor QC records required for the contract shall include, but are not necessarily limited to, the following records:
A. Daily inspection reports. Each Contractor quality control technician shall maintain a daily log of all inspections performed for both Contractor and subcontractor operations. These technician’s daily reports shall provide factual evidence that continuous quality control inspections have been performed and shall, as a minimum, include the following:
1. 1. Technical specification item number and description
  2. Compliance with approved submittals
  3. Proper storage of materials and equipment
  4. Proper operation of all equipment
  5. Adherence to plans and technical specifications
  6. Review of quality control tests
  7. Safety inspection.
  8. Photographs and/or video
    
    The daily inspection reports shall identify all QC inspections and QC tests conducted, results of inspections, location and nature of defects found, causes for rejection, and remedial or corrective actions taken or proposed.
    
    The daily inspection reports must be signed by the responsible quality control technician and the Program Administrator. The RPR must be provided an electronic copy of each daily inspection report on the workday following the day of record. When QC inspection and test results are recorded and transmitted electronically, the results must be archived.
B. Daily test reports. The Contractor shall be responsible for establishing a system that will record all quality control test results. Daily test reports shall document the following information:
1. 1. Technical specification item number and description
  2. Test designation
  3. Location
  4. Date of test
  5. Control requirements
  6. Test results
  7. Causes for rejection
  8. Recommended remedial actions
  9. Retests
Test results from each day’s work period must be submitted to the RPR electronically prior to the start of the next day’s work period. When required by the technical specifications, the Contractor shall maintain statistical quality control charts. When QC daily test results are recorded and transmitted electronically, the results must be archived.
Haul Roads —
General
Haul roads shown on the Plans for the Project shall be governed by the following:
At all crossing points with any FAA, Weather Bureau, or other cable facilities, suitable protection shall be placed over the cable while construction is in progress. All costs associated with protection of cable facilities will be incidental to haul roads. In general, the Contractor shall confine equipment and hauling to the areas under construction.
Where haul roads cross open taxiways, taxi-lanes, aprons, etc., aircraft traffic must be given the right-of-way, and all equipment must stop a minimum of 100 feet from the edge of the taxiway, etc. while aircraft are moving through the work area in question. In these areas, no soil will be placed on the pavement; however, the area where crossing will be allowed will be clearly defined, and the Contractor will be required to confine his equipment to these areas. The pavement will be maintained free of mud, dirt, and debris and in good condition at all times. Cleaning of pavements shall be considered incidental to mobilization.
All haul along or crossing state roads shall be accomplished in accordance with Kentucky Department of Highway standards and shall be coordinated and accomplished by the Contractor. The Contractor will assure that signing of highway access (such as "Trucks Entering Highway") is in accordance with the Manual on Uniform Traffic Control Devices. No direct measurement or payment will be made for the construction, restoration, or repair to haul roads.
The Contractor shall restore all grassed areas used for haul roads to their original condition, including the establishment of turf where required.
Contractor's Cost Accounting System —
The Contractor shall maintain an acceptable cost accounting system. The Owner, the FAA, and the Comptroller General of the United States shall have access to any books, documents, paper, and records including payroll records and associated basic data of the Contractor, which are directly pertinent to the specific Contract for the purposes of making an audit, examination, excerpts, and transcriptions. The Contractor shall maintain all required records for seven years after the Owner makes final payment and all other pending matters are closed.
Acceptance and final payment —
When the contract work has been accepted in accordance with the requirements of the subsection 2.5.15 titled FINAL ACCEPTANCE of Section 50, the RPR will prepare the final estimate of the items of work actually performed. The Contractor shall approve the RPR’s final estimate or advise the RPR of the Contractor’s objections to the final estimate which are based on disputes in measurements or computations of the final quantities to be paid under the contract as amended by change order or supplemental agreement. The Contractor and the RPR shall resolve all disputes (if any) in the measurement and computation of final quantities to be paid within 30 calendar days of the Contractor’s receipt of the RPR’s final estimate. If, after such 30-day period, a dispute still exists, the Contractor may approve the RPR’s estimate under protest of the quantities in dispute, and such disputed quantities shall be considered by the Owner as a claim in accordance with the subsection 2.5.16 titled CLAIMS FOR ADJUSTMENT AND DISPUTES of Section 50.
After the Contractor has approved, or approved under protest, the RPR’s final estimate, and after the Engineer’s receipt of the project closeout documentation required in subsection 2.9.11 Contractor Final Project Documentation, final payment will be processed based on the entire sum, or the undisputed sum in case of approval under protest, determined to be due the Contractor less all previous payments and all amounts to be deducted under the provisions of the contract. All prior partial estimates and payments shall be subject to correction in the final estimate and payment.
If the Contractor has filed a claim for additional compensation under the provisions of the subsection 2.5.16 titled CLAIMS FOR ADJUSTMENTS AND DISPUTES of Section 50 or under the provisions of this subsection, such claims will be considered by the Owner in accordance with local laws or ordinances. Upon final adjudication of such claims, any additional payment determined to be due the Contractor will be paid pursuant to a supplemental final estimate.
COMPLETION OF PROPOSAL —
1. The bidder is required to fill in all the blank spaces on the required forms and complete all of the unit prices on the Line Items tab on the online bidding system for the Project.
2. Unit price for each item must be shown for the unit of measurement indicated. In case of error in extension of prices, the unit price governs.
Use of explosives —
The use of explosives is not permitted on this project.
Inspection of the work —
All materials and each part or detail of the work shall be subject to inspection. The RPR shall be allowed access to all parts of the work and shall be furnished with such information and assistance by the Contractor as is required to make a complete and detailed inspection.
If the RPR requests it, the Contractor, at any time before acceptance of the work, shall remove or uncover such portions of the finished work as may be directed. After examination, the Contractor shall restore said portions of the work to the standard required by the specifications. Should the work thus exposed or examined prove acceptable, the uncovering, or removing, and the replacing of the covering or making good of the parts removed will be paid for as extra work; but should the work so exposed or examined prove unacceptable, the uncovering, or removing, and the replacing of the covering or making good of the parts removed will be at the Contractor’s expense.
Provide advance written notice to the RPR of work the Contractor plans to perform each week and each day. Any work done or materials used without written notice and allowing opportunity for inspection by the RPR may be ordered removed and replaced at the Contractor’s expense.
Should the contract work include relocation, adjustment, or any other modification to existing facilities, not the property of the (contract) Owner, authorized representatives of the Owners of such facilities shall have the right to inspect such work. Such inspection shall in no sense make any facility owner a party to the contract and shall in no way interfere with the rights of the parties to this contract.
Protection and restoration of property and landscape —
The Contractor shall be responsible for the preservation of all public and private property and shall protect carefully from disturbance or damage all land monuments and property markers until the Engineer/RPR has witnessed or otherwise referenced their location and shall not move them until directed.
The Contractor shall be responsible for all damage or injury to property of any character, during the execution of the work, resulting from any act, omission, neglect, or misconduct in manner or method of executing the work, or at any time due to defective work or materials, and said responsibility shall not be released until the project has been completed and accepted.
When or where any direct or indirect damage or injury is done to public or private property by or on account of any act, omission, neglect, or misconduct in the execution of the work, or in consequence of the non-execution thereof by the Contractor, the Contractor shall restore, at his or her own expense, such property to a condition similar or equal to that existing before such damage or injury was done, by repairing, or otherwise restoring as may be directed, or the Contractor shall make good such damage or injury in an acceptable manner.
Default and termination of contract —
The Contractor shall be considered in default of his or her contract and such default will be considered as cause for the Owner to terminate the contract for any of the following reasons if the Contractor:
1. Fails to begin the work under the contract within the time specified in the Notice to Proceed, or
2. Fails to perform the work or fails to provide sufficient workers, equipment and/or materials to assure completion of work in accordance with the terms of the contract, or
3. Performs the work unsuitably or neglects or refuses to remove materials or to perform anew such work as may be rejected as unacceptable and unsuitable, or
4. Discontinues the execution of the work, or
5. Fails to resume work which has been discontinued within a reasonable time after notice to do so, or
6. Becomes insolvent or is declared bankrupt, or commits any act of bankruptcy or insolvency, or
7. Allows any final judgment to stand against the Contractor unsatisfied for a period of 10 days, or
8. Makes an assignment for the benefit of creditors, or
9. For any other cause whatsoever, fails to carry on the work in an acceptable manner.
Should the Owner consider the Contractor in default of the contract for any reason above, the Owner shall immediately give written notice to the Contractor and the Contractor’s surety as to the reasons for considering the Contractor in default and the Owner’s intentions to terminate the contract.
If the Contractor or surety, within a period of 10 days after such notice, does not proceed in accordance therewith, then the Owner will, upon written notification from the RPR of the facts of such delay, neglect, or default and the Contractor’s failure to comply with such notice, have full power and authority without violating the contract, to take the execution of the work out of the hands of the Contractor. The Owner may appropriate or use any or all materials and equipment that have been mobilized for use in the work and are acceptable and may enter into an agreement for the completion of said contract according to the terms and provisions thereof or use such other methods as in the opinion of the RPR will be required for the completion of said contract in an acceptable manner.
All costs and charges incurred by the Owner, together with the cost of completing the work under contract, will be deducted from any monies due or which may become due the Contractor. If such expense exceeds the sum which would have been payable under the contract, then the Contractor and the surety shall be liable and shall pay to the Owner the amount of such excess.
Removal of unacceptable and unauthorized work —
All work that does not conform to the requirements of the contract, plans, and specifications will be considered unacceptable, unless otherwise determined acceptable by the RPR as provided in the subsection 2.5.2 titled CONFORMITY WITH PLANS AND SPECIFICATIONS.
Unacceptable work, whether the result of poor workmanship, use of defective materials, damage through carelessness, or any other cause found to exist prior to the final acceptance of the work, shall be removed immediately and replaced in an acceptable manner in accordance with the provisions of Section 70, paragraph 2.7.14 titled CONTRACTOR’S RESPONSIBILITY FOR WORK.
No removal work made under provision of this subsection shall be done without lines and grades having been established by the RPR. Work done contrary to the instructions of the RPR, work done beyond the lines shown on the plans or as established by the RPR, except as herein specified, or any extra work done without authority, will be considered as unauthorized and will not be paid for under the provisions of the contract. Work so done may be ordered removed or replaced at the Contractor’s expense.
Upon failure on the part of the Contractor to comply with any order of the RPR made under the provisions of this subsection, the RPR will have authority to cause unacceptable work to be remedied or removed and replaced and unauthorized work to be removed and to recover the resulting costs as a liquidated damage against the Contractor.
Responsive and responsible bidder —
A responsive bid conforms to all significant terms and conditions contained in the Sponsor’s invitation for bid. It is the Sponsor’s responsibility to decide if the exceptions taken by a bidder to the solicitation are material or not and the extent of deviation it is willing to accept.
A responsible bidder has the ability to perform successfully under the terms and conditions of a proposed procurement, as defined in 2 CFR § 200.318(h). This includes such matters as Contractor integrity, compliance with public policy, record of past performance, and financial and technical resources.
A responsible bidder has the ability to perform successfully under the terms and conditions of a proposed procurement, as defined in 2 CFR § 200.318(h). This includes such matters as Contractor integrity, compliance with public policy, record of past performance, and financial and technical resources.
Construction warranty —
1. In addition to any other warranties in this contract, the Contractor warrants that work performed under this contract conforms to the contract requirements and is free of any defect in equipment, material, workmanship, or design furnished, or performed by the Contractor or any subcontractor or supplier at any tier.
2. This warranty shall continue for a period of 1-year Installation Warranty from the date of final acceptance of the work. If the Owner takes possession of any part of the work before final acceptance, this warranty shall continue for a period of 1-year Installation Warranty from the date the Owner takes possession. However, this will not relieve the Contractor from corrective items required by the final acceptance of the project work. If applicable, Light Emitting Diode emitting diode (LED) light fixtures with the exception of obstruction lighting, must be warranted by the manufacturer for a minimum of four (4) years after date of installation inclusive of all electronics.
3. The Contractor shall remedy at the Contractor’s expense any failure to conform, or any defect. In addition, the Contractor shall remedy at the Contractor’s expense any damage to Owner real or personal property, when that damage is the result of:
  1. The Contractor’s failure to conform to contract requirements; or
  2. Any defect of equipment, material, workmanship, or design furnished by the Contractor.
4. The Contractor shall restore any work damaged in fulfilling the terms and conditions of this clause. The Contractor’s warranty with respect to work repaired or replaced will run for one year from the date of repair or replacement.
5. The Owner will notify the Contractor, in writing, within seven (7) calendar days after the discovery of any failure, defect, or damage.
6. If the Contractor fails to remedy any failure, defect, or damage within 14 calendar days after receipt of notice, the Owner shall have the right to replace, repair, or otherwise remedy the failure, defect, or damage at the Contractor’s expense.
7. With respect to all warranties, express or implied, from subcontractors, manufacturers, or suppliers for work performed and materials furnished under this contract, the Contractor shall: (1) Obtain all warranties that would be given in normal commercial practice; (2) Require all warranties to be executed, in writing, for the benefit of the Owner, as directed by the Owner, and (3) Enforce all warranties for the benefit of the Owner.
8. This warranty shall not limit the Owner’s rights with respect to latent defects, gross mistakes, or fraud.
COPELAND "ANTI-KICKBACK" ACT —
Contractor must comply with the requirements of the Copeland “Anti-Kickback” Act (18 U.S.C. 874 and 40 U.S.C. 3145), as supplemented by Department of Labor regulation 29 CFR part 3. Contractor and subcontractors are prohibited from inducing, by any means, any person employed on the project to give up any part of the compensation to which the employee is entitled. The Contractor and each Subcontractor must submit to the Owner, a weekly statement on the wages paid to each employee performing on covered work during the prior week. Owner must report any violations of the Act to the Federal Aviation Administration.
Corrective action requirements —
The CQCP shall indicate the appropriate action to be taken when a process is deemed, or believed, to be out of control (out of tolerance) and detail what action will be taken to bring the process into control. The requirements for corrective action shall include both general requirements for operation of the CQCP as a whole, and for individual items of work contained in the technical specifications.
The CQCP shall detail how the results of QC inspections and tests will be used for determining the need for corrective action and shall contain clear sets of rules to gauge when a process is out of control and the type of correction to be taken to regain process control.
When applicable or required by the technical specifications, the Contractor shall establish and use statistical QC charts for individual QC tests. The requirements for corrective action shall be linked to the control charts.
Irregular proposals —
Proposals shall be considered irregular for the following reasons:
1. If the proposal is on a form other than that furnished by the Owner, or if the Owner’s form is altered, or if any part of the proposal form is detached.
2. If there are unauthorized additions, conditional or alternate pay items, or irregularities of any kind that make the proposal incomplete, indefinite, or otherwise ambiguous.
3. If the proposal does not contain a unit price for each pay item listed in the proposal, except in the case of authorized alternate pay items, for which the bidder is not required to furnish a unit price.
4. If the proposal contains unit prices that are obviously unbalanced.
5. If the proposal is not accompanied by the proposal guaranty specified by the Owner.
6. If the applicable Disadvantaged Business Enterprise information is incomplete.
The Owner reserves the right to reject any irregular proposal and the right to waive technicalities if such waiver is in the best interest of the Owner and conforms to local laws and ordinances pertaining to the letting of construction contracts.
Responsibility for damage claims —
The Contractor shall indemnify and hold harmless the Engineer/RPR and the Owner and their officers, and employees from all suits, actions, or claims, of any character, brought because of any injuries or damage received or sustained by any person, persons, or property on account of the operations of the Contractor; or on account of or in consequence of any neglect in safeguarding the work; or through use of unacceptable materials in constructing the work; or because of any act or omission, neglect, or misconduct of said Contractor; or because of any claims or amounts recovered from any infringements of patent, trademark, or copyright; or from any claims or amounts arising or recovered under the “Workmen’s Compensation Act,” or any other law, ordinance, order, or decree. Money due the Contractor under and by virtue of his or her contract considered necessary by the Owner for such purpose may be retained for the use of the Owner or, in case no money is due, his or her surety may be held until such suits, actions, or claims for injuries or damages shall have been settled and suitable evidence to that effect furnished to the Owner, except that money due the Contractor will not be withheld when the Contractor produces satisfactory evidence that he or she is adequately protected by public liability and property damage insurance.
Load restrictions —
The Contractor shall comply with all legal load restrictions in the hauling of materials on public roads beyond the limits of the work. A special permit will not relieve the Contractor of liability for damage that may result from the moving of material or equipment.
The operation of equipment of such weight or so loaded as to cause damage to structures or to any other type of construction will not be permitted. Hauling of materials over the base course or surface course under construction shall be limited as directed. No loads will be permitted on a concrete pavement, base, or structure before the expiration of the curing period. The Contractor, at their own expense, shall be responsible for the repair to equal or better than preconstruction conditions of any damage caused by the Contractor’s equipment and personnel.
DAVIS-BACON REQUIREMENTS —
Federal funds are being applied to this project. The Federal Davis Bacon Wage Rates are included in Special Provisions Section 4.7.
Termination for national emergencies —
The Owner shall terminate the contract or portion thereof by written notice when the Contractor is prevented from proceeding with the construction contract as a direct result of an Executive Order of the President with respect to the execution of war or in the interest of national defense.
When the contract, or any portion thereof, is terminated before completion of all items of work in the contract, payment will be made for the actual number of units or items of work completed at the contract price or as mutually agreed for items of work partially completed or not started. No claims or loss of anticipated profits shall be considered.
Reimbursement for organization of the work, and other overhead expenses, (when not otherwise included in the contract) and moving equipment and materials to and from the job will be considered, the intent being that an equitable settlement will be made with the Contractor.
Acceptable materials obtained or ordered by the Contractor for the work and that are not incorporated in the work shall, at the option of the Contractor, be purchased from the Contractor at actual cost as shown by receipted bills and actual cost records at such points of delivery as may be designated by the RPR.
Termination of the contract or a portion thereof shall neither relieve the Contractor of his or her responsibilities for the completed work nor shall it relieve his or her surety of its obligation for and concerning any just claim arising out of the work performed.
Shop Drawings —
The Contractor is responsible for the preparation of detailed Shop Drawings necessary for the fabrication, erection, and construction of all parts of the work in conformity with the Contract documents. Contractor shall submit copies of Shop Drawings to the Engineer for approval in accordance with the procedures herein described.
Where it is difficult to provide shop-drawing transparencies such as for "catalog cuts", "brochures" or "photographs", the Contractor shall submit an electronic copy of such "cuts", "brochures" or "photographs". Contractor shall submit additional copies when required by the Engineer.
All submissions of shop drawings, brochures, and catalog cuts shall be accompanied by a transmittal letter listing the Drawings submitted by number and title.
Each reproducible shop drawing must contain title block with the following information provided:
1. specification section title and number
2. number and title of drawing, including Contract number;
3. date of drawing or revisions;
4. name of Contractor or subcontractor submitting drawings;
5. project number;
6. space above the title block for Engineer's approval stamp; and
7. submission number (whether first, second, third, etc.).
The file name of the shop drawing must be no more than 12 characters which includes a 6 digit specification section and a brief description.
Each Shop Drawing shall have listed on it all Contract references, drawing numbers, plus Shop Drawing numbers on related work by other subcontractors, if available.
Non-reproducible Shop Drawings shall be submitted with a cover sheet containing all of the information required on reproducible Shop Drawings.
Shop Drawings shall be complete in every detail, including a location plan relating the work to space identification and column numbers. Materials, gauges, method of fastening, size and spacing of fastenings, connection with other work, cutting, fitting, drilling, and any and all other necessary information as per usual trade practice or as required for any specific purpose must be clearly shown.
The Contractor shall check and approve all Shop Drawings to make sure that they conform to the Plans, Specifications, and other Contract requirements, and correct the drawings found to be inaccurate or otherwise in error. The Contractor shall verify all yield dimensions and criteria and shall be responsible for the coordination of work by all subcontractors.
Shop Drawings, at the time of submission, shall bear the signature of the Contractor's checker, date and stamp of approval for submission to the Engineer as evidence that such drawings and/or details have been reviewed, checked and approved by the Contractor. Drawings submitted without such stamp of approval will be returned to the Contractor unapproved and will require resubmission. In such event, it will be deemed that the Contractor has not complied with the requirements of this subsection and shall bear the risks of delays as if no drawings or details had been submitted. Both sepias and prints must bear the Contractor's stamp.
The Contractor, by approving and submitting Shop Drawings, represents that he has determined and verified all field measurements and quantities, field construction criteria, materials, catalog numbers, and similar data, and that he has reviewed and coordinated the information in the Shop Drawings with the requirements of the work and the Contract documents.
At the time of submission, the Contractor shall inform the Engineer in writing of any deviation in the Shop Drawings or samples from the requirements of the Contract documents.
The Engineer will review up to two shop-drawing submittals for any item. Any reviews required in excess of two will be at the expense of the Contractor.
The Engineer will review and approve Shop Drawings and samples with reasonable promptness so as to minimize delay, but only for conformance with the design concept of the Contract and with the information given in the Contract documents. The Engineer's approval of a separate item shall not indicate approval of an assembly in which the item functions. The Engineer will return the Shop Drawings transparency/sepia to the Contractor for his use and distribution.
The Engineer's approval of Shop Drawings or samples shall not relieve the Contractor of responsibility for any deviation from the requirements of the Contract documents unless the Contractor has informed the Engineer in writing of such deviation at the time of submission and the Engineer has given written approval to the specific deviation, nor shall the Engineer's approval relieve the Contractor from responsibility for errors or omissions in the Shop Drawings or samples.
No materials shall be ordered and no portion of the work requiring Shop Drawings or sample submission shall be commenced until the submission has been approved by the Engineer. All such materials and portions of work shall be in accordance with approved Shop Drawings and samples.
The Contractor shall, when requested by the Engineer in writing, submit additional Shop Drawings to those required by the technical specifications or special provisions.
Prior to final acceptance of the work, the Contractor shall deliver to the Engineer an electronic copy of all approved Shop Drawings incorporating all notations made on the approved submittal.
The Contractor shall deliver to the Engineer electronically one complete set of all maintenance manuals, parts list, operating instructions and other necessary documents required for all installed materials, equipment, or machinery. Such documents shall be furnished concurrently with the installations of the respective materials, equipment or machinery. All Shop Drawings submitted by the Contractor and approved by the Engineer become part of the Contract documents.
Contractor Final Project Documentation —
Approval of final payment to the Contractor is contingent upon completion and submittal of the items listed below. The final payment will not be approved until the RPR approves the Contractor’s final submittal. The Contractor shall:
1. Provide an electronic copy of all manufacturers’ warranties specified for materials, equipment, and installations.
2. Provide weekly payroll records electronically (not previously received) from the general Contractor and all subcontractors.
3. Complete final cleanup in accordance with subsection 2.4.8, FINAL CLEANUP.
4. Complete all punch list items identified during the Final Inspection.
5. Provide complete release of all claims for labor and material arising out of the Contract.
6. Provide a certified statement signed by the subcontractors, indicating actual amounts paid to the Disadvantaged Business Enterprise (DBE) subcontractors and/or suppliers associated with the project.
7. When applicable per state requirements, return copies of sales tax completion forms.
8. Manufacturer's certifications for all items incorporated in the work.
9. All required record drawings, as-built drawings or as-constructed drawings.
10. Project Operation and Maintenance (O&M) Manual in electronic form.
11. Security for Construction Warranty.
12. Equipment commissioning documentation submitted, if required.
Inspection and/or observations by the RPR —
All items of material and equipment are subject to inspection and/or observation by the RPR at the point of production, manufacture or shipment to determine if the Contractor, producer, manufacturer or shipper maintains an adequate QC system in conformance with the requirements detailed here and the applicable technical specifications and plans. In addition, all items of materials, equipment and work in place shall be subject to surveillance by the RPR at the site for the same purpose.
Inspection and/or observations by the RPR does not relieve the Contractor of performing QC inspections of either on-site or off-site Contractor’s or subcontractor’s work.
INCORPORATION OF REGULATIONS —
Contractor agrees to negotiate in good faith the incorporation into this Contract any and all statutes, rules and regulations which may now or during the term of this Contract be required by the FAA or other governmental agency as a prerequisite to or a condition of the Board and/or Contractor receiving any federal or state grant or loan or other governmental assistance.
Maintenance during construction —
The Contractor shall maintain the work during construction and until the work is accepted. Maintenance shall constitute continuous and effective work prosecuted day by day, with adequate equipment and forces so that the work is maintained in satisfactory condition at all times.
In the case of a contract for the placing of a course upon a course or subgrade previously constructed, the Contractor shall maintain the previous course or subgrade during all construction operations.
All costs of maintenance work during construction and before the project is accepted shall be included in the unit prices bid on the various contract items, and the Contractor will not be paid an additional amount for such work.
Bid guarantee —
Each separate proposal shall be accompanied by a bid bond, in the amount specified in the proposal form. Such bond shall be made payable to the Owner.
Work area, storage area and sequence of operations —
The Contractor shall obtain approval from the RPR prior to beginning any work in all areas of the airport. No operating runway, taxiway, or air operations area (AOA) shall be crossed, entered, or obstructed while it is operational. The Contractor shall plan and coordinate his or her work in accordance with the approved CSPP and SPCD.
Third party beneficiary clause —
It is specifically agreed between the parties executing the contract that it is not intended by any of the provisions of any part of the contract to create for the public or any member thereof, a third-party beneficiary or to authorize anyone not a party to the contract to maintain a suit for personal injuries or property damage pursuant to the terms or provisions of the contract.
DEBARMENT AND SUSPENSION —
Contractor certifies, by submission of this proposal or acceptance of this contract, that neither it nor its principals are presently debarred or suspended by any Federal department or agency from participation in this transaction. Contractor further agrees it will include this clause without modification in all lower tier transactions, solicitations, proposals, contracts, and subcontracts.
Contractor, by administering each lower tier subcontract that exceeds $25,000 as a “covered transaction”, must confirm 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 Contractor 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.
Noncompliance —
1. The Resident Project Representative (RPR) will provide written notice to the Contractor of any noncompliance with their CQCP. After receipt of such notice, the Contractor must, take corrective action.
2. When QC activities do not comply with either the CQCP or the contract provisions, or when the Contractor fails to properly operate and maintain an effective CQCP, and no effective corrective actions have been taken after notification of non-compliance, the RPR will recommend the Owner take the following actions:
  1. Order the Contractor to replace ineffective or unqualified QC personnel or subcontractors; and/or
  2. Order the Contractor to stop operations until appropriate corrective actions are taken.
Overhead And Profit Allowance For Change Orders —
In the absence of agreement regarding a claim for extra or force account work, the allowance for overhead and profit shall be determined by the Engineer, not to exceed together a total of 5% of expended labor, equipment and materials exclusive of subcontract costs inclusive of bond and insurance costs. Subcontract costs for force account work must be approved by the Engineer and will be marked up by the Contractor no more than five percent unless otherwise approved by the Engineer.
DISADVANTAGED BUSINESS ENTERPRISE POLICY —
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, which may include, but is not limited to:
(1) Withholding monthly progress payments;
(2) Assessing sanctions;
(3) Liquidated damages; and/or
(4) Disqualifying the contractor from future bidding as non-responsible.
Prompt Payment (§ 26.29). 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 contractor receives from the Owner. The prime contractor agrees further to return retainage payments to each subcontractor within thirty (30) business days after the subcontractor's work is satisfactorily completed. Any delay or postponement of payment from the above referenced time frame may occur only for good cause following written approval of the Owner. This clause applies to both DBE and non-DBE subcontractors.
Termination of DBE Subcontractors (49 CFR § 26.53(f)). Contractor must not terminate a DBE subcontractor listed in Contractor's solicitation response (or an approved substitute DBE firm) without prior written consent of Owner. This includes, but is not limited to, instances in which the prime contractor seeks to perform work originally designated for a DBE subcontractor with its own forces or those of an affiliate, a non-DBE firm, or with another DBE firm.
The Contractor must utilize the specific DBEs listed in the contractor’s solicitation response to perform the work and supply the materials for which each is listed unless the contractor obtains prior written consent of Owner’s DBE Liaison Officer. Unless this consent is provided, the Contractor is not entitled to any payment for work or material unless it is performed or supplied by the listed DBE.
Owner may provide such written consent only if Owner agrees, for reasons stated in the concurrence document, that the contractor has good cause to terminate the DBE firm. For purposes of this paragraph, good cause includes the circumstances listed in 49 CFR § 26.53.
Before transmitting to Owner its request to terminate and/or substitute a DBE subcontractor, the contractor must give notice in writing to the DBE subcontractor, with a copy to Owner, of its intent to request to terminate and/or substitute, and the reason for the request.
The contractor must give the DBE five days to respond to the contractor's notice and advise Owner and the contractor of the reasons, if any, why it objects to the proposed termination of its subcontract and why Owner should not approve the prime contractor's action. If required in a particular case as a matter of public necessity (e.g., safety), Owner may provide a response period shorter than five days.
In addition to post-award terminations, the provisions of this section apply to pre-award deletions of or substitutions for DBE firms put forward by offerors in negotiated procurements.
Failure to maintain the work —
Should the Contractor at any time fail to maintain the work as provided in the subsection 2.5.12 titled MAINTENANCE DURING CONSTRUCTION of this section, the RPR shall immediately notify the Contractor of such noncompliance. Such notification shall specify a reasonable time within which the Contractor shall be required to remedy such unsatisfactory maintenance condition. The time specified will give due consideration to the exigency that exists.
Should the Contractor fail to respond to the RPR’s notification, the Owner may suspend any work necessary for the Owner to correct such unsatisfactory maintenance condition, depending on the exigency that exists. Any maintenance cost incurred by the Owner, shall recovered as a liquidated damage against the Contractor.
Opening sections of the work to traffic —
If it is necessary for the Contractor to complete portions of the contract work for the beneficial occupancy of the Owner prior to completion of the entire contract, such “phasing” of the work shall be specified in the Technical Specification and indicated on the approved Construction Safety and Phasing Plan (CSPP) and the project plans. When so specified, the Contractor shall complete such portions of the work on or before the date specified or as otherwise specified.
Upon completion of any portion of the work listed above, such portion shall be accepted by the Owner in accordance with the subsection 2.5.14 titled PARTIAL ACCEPTANCE of Section 50.
No portion of the work may be opened by the Contractor until directed by the Owner in writing. Should it become necessary to open a portion of the work to public traffic on a temporary or intermittent basis, such openings shall be made when, in the opinion of the RPR, such portion of the work is in an acceptable condition to support the intended traffic. Temporary or intermittent openings are considered to be inherent in the work and shall not constitute either acceptance of the portion of the work so opened or a waiver of any provision of the contract. Any damage to the portion of the work so opened that is not attributable to traffic which is permitted by the Owner shall be repaired by the Contractor at his or her expense.
The Contractor shall make his or her own estimate of the inherent difficulties involved in completing the work under the conditions herein described and shall not claim any added compensation by reason of delay or increased cost due to opening a portion of the contract work.
Contractor shall be required to conform to safety standards contained AC 150/5370-2 and the approved CSPP.
Contractor shall refer to the plans, specifications, and approved CSPP to identify barricade requirements, temporary and/or permanent markings, airfield lighting, guidance signs and other safety requirements prior to opening up sections of work to traffic.
Basis of measurement and payment —
Contractor Quality Control Program (CQCP) is for the personnel, tests, facilities and documentation required to implement the CQCP. The CQCP will be paid as a lump sum with the following schedule of partial payments:
1. With first pay request, 25% with approval of CQCP and completion of the Quality Control (QC)/Quality Assurance (QA) workshop.
2. When 25% or more of the original contract is earned, an additional 25%.
3. When 50% or more of the original contract is earned, an additional 20%.
4. When 75% or more of the original contract is earned, an additional 20%
5. After final inspection and acceptance of project, the final 10%.
Delivery of proposal —
No proposal will be considered unless received using the method specified in the advertisement or as modified by Addendum before the time specified for opening all bids.
Contractor’s responsibility for work —
Until the RPR’s final written acceptance of the entire completed work, excepting only those portions of the work accepted in accordance with the subsection 2.5.14 titled PARTIAL ACCEPTANCE of Section 50, the Contractor shall have the charge and care thereof and shall take every precaution against injury or damage to any part due to the action of the elements or from any other cause, whether arising from the execution or from the non-execution of the work. The Contractor shall rebuild, repair, restore, and make good all injuries or damages to any portion of the work occasioned by any of the above causes before final acceptance and shall bear the expense thereof except damage to the work due to unforeseeable causes beyond the control of and without the fault or negligence of the Contractor, including but not restricted to acts of God such as earthquake, tidal wave, tornado, hurricane or other cataclysmic phenomenon of nature, or acts of the public enemy or of government authorities.
If the work is suspended for any cause whatever, the Contractor shall be responsible for the work and shall take such precautions necessary to prevent damage to the work. The Contractor shall provide for normal drainage and shall erect necessary temporary structures, signs, or other facilities at his or her expense. During such period of suspension of work, the Contractor shall properly and continuously maintain in an acceptable growing condition all living material in newly established planting, seeding, and sodding furnished under the contract, and shall take adequate precautions to protect new tree growth and other important vegetative growth against injury.
Calculation Of Unit Price For Supplemental Agreement Due To Alternation of Work —
Should the aggregate amount of altered work under the terms of Section 2.4.2 of the General Provisions to the Specifications exceed 25% and a supplemental agreement be required, the supplemental agreement shall be written according to the following formula:
Where x = bid quantity
y = actual quantity
b = unit price bid
1. 1. 1. if y < (x - .25x) the unit bid price will be adjusted to:
      b + [(x - .25x) - y] * (.10b)
      y
      
      and multiplied by the actual quantity (y) to arrive at the final pay amount.
    2. if (x - .25x) < y < (x + .25x) no adjustment occurs.
    3. if y> (x + .25x) the unit bid price will be adjusted to:
      b - [y - (x + .25x) ] * (.10b) y
      and multiplied by the actual quantity (y) to arrive at the final pay amount.
Partial acceptance —
If at any time during the execution of the project the Contractor substantially completes a usable unit or portion of the work, the occupancy of which will benefit the Owner, the Contractor may request the RPR to make final inspection of that unit. If the RPR finds upon inspection that the unit has been satisfactorily completed in compliance with the contract, the RPR may accept it as being complete, and the Contractor may be relieved of further responsibility for that unit. Such partial acceptance and beneficial occupancy by the Owner shall not void or alter any provision of the contract.
Withdrawal or revision of proposals —
A bidder may withdraw or revise (by withdrawal of one proposal and submission of another) a proposal within the online bidding system before the time specified for opening bids. Revised proposals must be received as specified in the advertisement before the time specified for opening all bids.
Basis Of Payment —
Payment will be made under:
Item C-100 Contractor Quality Control Program (CQCP)
REFERENCES
The publications listed below form a part of this specification to the extent referenced. The publications are referred to within the text by the basic designation only.
National Institute for Certification in Engineering Technologies (NICET)
ASTM International (ASTM)
ASTM C1077       Standard Practice for Agencies Testing Concrete and Concrete Aggregates for Use in Construction and Criteria for Testing Agency Evaluation
ASTM D3665       Standard Practice for Random Sampling of Construction Materials
ASTM D3666       Standard Specification for Minimum Requirements for Agencies Testing and Inspecting Road and Paving Materials
Not Used —
Not Used
Final acceptance —
Upon due notice from the Contractor of presumptive completion of the entire project, the RPR and Owner will make an inspection. If all construction provided for and contemplated by the contract is found to be complete in accordance with the contract, plans, and specifications, such inspection shall constitute the final inspection. The RPR shall notify the Contractor in writing of final acceptance as of the date of the final inspection.
If, however, the inspection discloses any work, in whole or in part, as being unsatisfactory, the RPR will notify the Contractor and the Contractor shall correct the unsatisfactory work. Upon correction of the work, another inspection will be made which shall constitute the final inspection, provided the work has been satisfactorily completed. In such event, the RPR will make the final acceptance and notify the Contractor in writing of this acceptance as of the date of final inspection.

Contractor’s responsibility for utility service and facilities of others —

As provided in the subsection 2.7.4 titled RESTORATION OF SURFACES DISTURBED BY OTHERS of this section, the Contractor shall cooperate with the Owner of any public or private utility service, FAA or NOAA, or a utility service of another government agency that may be authorized by the Owner to construct, reconstruct or maintain such utility services or facilities during the progress of the work. In addition, the Contractor shall control their operations to prevent the unscheduled interruption of such utility services and facilities.

To the extent that such public or private utility services, FAA, or NOAA facilities, or utility services of another governmental agency are known to exist within the limits of the contract work, the approximate locations have been indicated on the plans and/or in the contract documents.

Utility Service or Facility	Contact
Federal Aviation Administration	Mr. John Ashton Airways Facilities Sector Field Office FAA, P.O. Box 75003 Cincinnati, OH 45275 (859) 372-6500
National Weather Service	Mr. Don Hughes 1901 S. State Route 134 Wilmington, OH 45177-9708 (937) 383-0031
Electric Power/Gas	Mr. Corey Steinmetz Project Coordinator, Duke Energy 1262 Cox Road Erlanger, KY 41018 (859) 534-4452 Mr. David Wainscott Manager of Operations Owen County Rural Electric Co Owenton, KY 41051 (800) 372-7612 or (502) 563-3518
Water/Sewer	Ms. Savannah Flesher Cincinnati/Northern Kentucky International Airport (859) 760-5082 (cell)
Utility Manager	Mr. Bob Huck Airport Utilities Manager (859) 393-4051 (cell)
Telephone Services	Bill Machesky Network Technician Altafiber (513) 706-8974
Owner’s Emergency Contact	Airport Operations Center (859) 767-7777

It is understood and agreed that the Owner does not guarantee the accuracy or the completeness of the location information relating to existing utility services, facilities, or structures that may be shown on the plans or encountered in the work. Any inaccuracy or omission in such information shall not relieve the Contractor of the responsibility to protect such existing features from damage or unscheduled interruption of service.

It is further understood and agreed that the Contractor shall, upon execution of the contract, notify the Owners of all utility services or other facilities of his or her plan of operations. Such notification shall be in writing addressed to THE PERSON TO CONTACT as provided in this subsection and subsection 2.7.4 titled RESTORATION OF SURFACES DISTURBED BY OTHERS of this section. A copy of each notification shall be given to the RPR.

In addition to the general written notification provided, it shall be the responsibility of the Contractor to keep such individual Owners advised of changes in their plan of operations that would affect such Owners.

Prior to beginning the work in the general vicinity of an existing utility service or facility, the Contractor shall again notify each such Owner of their plan of operation. If, in the Contractor’s opinion, the Owner’s assistance is needed to locate the utility service or facility or the presence of a representative of the Owner is desirable to observe the work, such advice should be included in the notification. Such notification shall be given by the most expeditious means to reach the utility owner’s PERSON TO CONTACT no later than two normal business days prior to the Contractor’s commencement of operations in such general vicinity. The Contractor shall furnish a written summary of the notification to the RPR.

The Contractor’s failure to give the two days’ notice shall be cause for the Owner to suspend the Contractor’s operations in the general vicinity of a utility service or facility.

Where the outside limits of an underground utility service have been located and staked on the ground, the Contractor shall be required to use hand excavation methods within 3 feet (1 m) of such outside limits at such points as may be required to ensure protection from damage due to the Contractor’s operations.

Should the Contractor damage or interrupt the operation of a utility service or facility by accident or otherwise, the Contractor shall immediately notify the proper authority and the RPR and shall take all reasonable measures to prevent further damage or interruption of service. The Contractor, in such events, shall cooperate with the utility service or facility owner and the RPR continuously until such damage has been repaired and service restored to the satisfaction of the utility or facility owner.

The Contractor shall bear all costs of damage and restoration of service to any utility service or facility due to their operations whether due to negligence or accident. The Owner reserves the right to deduct such costs from any monies due or which may become due the Contractor, or his or her surety.

Access To The Work —
Access to the work will be via the access routes shown on the plans or as directed by the Owner. The Contractor shall identify access routes with suitable signs, barricades and similar equipment.
The entire access route and construction site shall be kept free and clean of all debris at all times and maintained in good repair by the Contractor. All damage to the access route caused by the actions of the Contractor or his/her agents shall be immediately repaired to the satisfaction of the Owner.
No additional payment will be made to the Contractor for complying with the requirements of this subsection.
No other access to these work sites will be permitted without written approval by the Owner. Contractor's vehicles and equipment, including vehicles and equipment of subcontractors and others coming under the Contractor's control, will not be permitted to traverse other airfield areas or pavements without written approval of the Engineer.
Contractor's vehicles, equipment and materials may be stored in the area designated by the Owner or as indicated on the plans. Upon completion of the work, the storage area shall be cleaned up and returned to its original condition to the satisfaction of the Owner. No special payment will be made for clean-up and restoration of the storage area.
DISTRACTED DRIVING —
In accordance with Executive Order 13513, "Federal Leadership on Reducing Text Messaging While Driving" (10/1/2009) and DOT Order 3902.10 “Text Messaging While Driving” (12/30/2009), FAA encourages recipients of Federal grant funds to adopt and enforce safety policies that decrease crashes by distracted drivers, including policies to ban text messaging while driving when performing work related to a grant or sub-grant.
In support of this initiative, the Owner encourages the Contractor to promote policies and initiatives for its employees and other work personnel that decrease crashes by distracted drivers, including policies that ban text messaging while driving motor vehicles while performing work activities associated with the project. The Contractor must include the substance of this clause in all sub-tier contracts exceeding $15,000 that involve driving a motor vehicle in performance of work activities associated with the project.
Disqualification of bidders —
A bidder shall be considered disqualified for any of the following reasons:
1. Submitting more than one proposal from the same partnership, firm, or corporation under the same or different name.
2. Evidence of collusion among bidders. Bidders participating in such collusion shall be disqualified as bidders for any future work of the Owner until any such participating bidder has been reinstated by the Owner as a qualified bidder.
3. If the bidder is considered to be in “default” for any reason specified in the subsection 2.2.4 ISSUANCE OF PROPOSAL FORMS of this section.
FAA facilities and cable runs —
The Contractor is hereby advised that the construction limits of the project include existing facilities and buried cable runs that are owned, operated and maintained by the FAA. The Contractor, during the execution of the project work, shall comply with the following:
1. The Contractor shall permit FAA maintenance personnel the right of access to the project work site for purposes of inspecting and maintaining all existing FAA owned facilities.
2. The Contractor shall provide notice to the FAA Air Traffic Organization (ATO)/Technical Operations/System Support Center (SSC) Point-of-Contact through the airport Owner a minimum of forty-five (45) calendar days prior to commencement of construction activities in order to permit sufficient time to locate and mark existing buried cables and to schedule any required facility outages.
3. If execution of the project work requires a facility outage, the Contractor shall contact the FAA Point-of-Contact a minimum of 72 hours prior to the time of the required outage.
4. Any damage to FAA cables, access roads, or FAA facilities during construction caused by the Contractor’s equipment or personnel whether by negligence or accident will require the Contractor to repair or replace the damaged cables, access road, or FAA facilities to FAA requirements. The Contractor shall not bear the cost to repair damage to underground facilities or utilities improperly located by the FAA.
5. If the project work requires the cutting or splicing of FAA owned cables, the FAA Point-of-Contact shall be contacted a minimum of 72 hours prior to the time the cable work commences. The FAA reserves the right to have a FAA representative on site to observe the splicing of the cables as a condition of acceptance. All cable splices are to be accomplished in accordance with FAA specifications and require approval by the FAA Point-of-Contact as a condition of acceptance by the Owner. The Contractor is hereby advised that FAA restricts the location of where splices may be installed. If a cable splice is required in a location that is not permitted by FAA, the Contractor shall furnish and install a sufficient length of new cable that eliminates the need for any splice.
PROHIBITION ON CERTAIN TELECOMMUNICATIONS AND VIDEO SURVEILLANCE SERVICES OR EQUIPMENT —
Contractor and subcontractors agree to comply with mandatory standards and policies relating to use and procurement of certain telecommunications and video surveillance services or equipment in compliance with the National Defense Authorization Act (P.L. 115-232, § 889(f)(1)).
Claims for adjustment and disputes —
If for any reason the Contractor deems that additional compensation is due for work or materials not clearly provided for in the contract, plans, or specifications or previously authorized as extra work, the Contractor shall notify the RPR in writing of his or her intention to claim such additional compensation before the Contractor begins the work on which the Contractor bases the claim. If such notification is not given or the RPR is not afforded proper opportunity by the Contractor for keeping strict account of actual cost as required, then the Contractor hereby agrees to waive any claim for such additional compensation. Such notice by the Contractor and the fact that the RPR has kept account of the cost of the work shall not in any way be construed as proving or substantiating the validity of the claim. When the work on which the claim for additional compensation is based has been completed, the Contractor shall, within 10 calendar days, submit a written claim to the RPR who will present it to the Owner for consideration in accordance with local laws or ordinances.
Nothing in this subsection shall be construed as a waiver of the Contractor’s right to dispute final payment based on differences in measurements or computations.
FEDERAL FAIR LABOR STANDARDS ACT (FEDERAL MINIMUM WAGE) —
All contracts and subcontracts that result from this solicitation incorporate by reference the provisions of 29 CFR Part 201, et seq, the Federal Fair Labor Standards Act (FLSA), with the same force and effect as if given in full text. The FLSA sets minimum wage, overtime pay, recordkeeping, and child labor standards for full and part-time workers.
The Contractor has full responsibility to monitor compliance to the referenced statute or regulation. The Contractor must address any claims or disputes that arise from this requirement directly with the U.S. Department of Labor – Wage and Hour Division.
Value Engineering Cost Proposal —
The provisions of this paragraph will apply only to contracts awarded to the lowest bidder pursuant to competitive bidding.
On projects with original contract amounts in excess of $100,000, the Contractor may submit to the RPR, in writing, proposals for modifying the plans, specifications or other requirements of the contract for the sole purpose of reducing the cost of construction. The value engineering cost proposal shall not impair, in any manner, the essential functions or characteristics of the project, including but not limited to service life, economy of operation, ease of maintenance, desired appearance, design and safety standards. This provision shall not apply unless the proposal submitted is specifically identified by the Contractor as being presented for consideration as a value engineering proposal.
Not eligible for value engineering cost proposals are changes in the basic design of a pavement type, runway and taxiway lighting, visual aids, hydraulic capacity of drainage facilities, or changes in grade or alignment that reduce the geometric standards of the project.
As a minimum, the following information shall be submitted by the Contractor with each proposal:
1. A description of both existing contract requirements for performing the work and the proposed changes, with a discussion of the comparative advantages and disadvantages of each.
2. An itemization of the contract requirements that must be changed if the proposal is adopted.
3. A detailed estimate of the cost of performing the work under the existing contract and under the proposed changes.
4. A statement of the time by which a change order adopting the proposal must be issued.
5. A statement of the effect adoption of the proposal will have on the time for completion of the contract.
6. The contract items of work affected by the proposed changes, including any quantity variation attributable to them.
The Contractor may withdraw, in whole or in part, any value engineering cost proposal not accepted by the RPR, within the period specified in the proposal. The provisions of this subsection shall not be construed to require the RPR to consider any value engineering cost proposal that may be submitted.
The Contractor shall continue to perform the work in accordance with the requirements of the contract until a change order incorporating the value engineering cost proposal has been issued. If a change order has not been issued by the date upon which the Contractor’s value engineering cost proposal specifies that a decision should be made, or such other date as the Contractor may subsequently have requested in writing, such value engineering cost proposal shall be deemed rejected.
The RPR shall be the sole judge of the acceptability of a value engineering cost proposal and of the estimated net savings from the adoption of all or any part of such proposal. In determining the estimated net savings, the RPR may disregard the contract bid prices if, in the RPR’s judgment, such prices do not represent a fair measure of the value of the work to be performed or deleted.
The Owner may require the Contractor to share in the Owner’s costs of investigating a value engineering cost proposal submitted by the Contractor as a condition of considering such proposal. Where such a condition is imposed, the Contractor shall acknowledge acceptance of it in writing. Such acceptance shall constitute full authority for the Owner to deduct the cost of investigating a value engineering cost proposal from amounts payable to the Contractor under the contract.
If the Contractor’s value engineering cost proposal is accepted in whole or in part, such acceptance will be by a contract change order that shall specifically state that it is executed pursuant to this paragraph. Such change order shall incorporate the changes in the plans and specifications which are necessary to permit the value engineering cost proposal or such part of it as has been accepted and shall include any conditions upon which the RPR’s approval is based. The change order shall also set forth the estimated net savings attributable to the value engineering cost proposal. The net savings shall be determined as the difference in costs between the original contract costs for the involved work items and the costs occurring as a result of the proposed change. The change order shall also establish the net savings agreed upon and shall provide for adjustment in the contract price that will divide the net savings equally between the Contractor and the Owner.
The Contractor’s 50% share of the net savings shall constitute full compensation to the Contractor for the value engineering cost proposal and the performance of the work.
Acceptance of the value engineering cost proposal and performance of the work shall not extend the time of completion of the contract unless specifically provided for in the contract change order.
Furnishing rights-of-way —
The Owner will be responsible for furnishing all rights-of-way upon which the work is to be constructed in advance of the Contractor’s operations.
Discrepancies and Omissions —
A Bidder who discovers discrepancies or omissions with the project bid documents shall immediately notify the Owner’s Engineer of the matter. A bidder that has doubt as to the true meaning of a project requirement may submit to the Owner’s Engineer a written request for interpretation no later than 7 days prior to bid opening.
Any interpretation of the project bid documents by the Owner’s Engineer will be by written addendum issued by the Owner. The Owner will not consider any instructions, clarifications or interpretations of the bidding documents in any manner other than written addendum.
Personal liability of public officials —
In carrying out any of the contract provisions or in exercising any power or authority granted by this contract, there shall be no liability upon the Engineer, RPR, their authorized representatives, or any officials of the Owner either personally or as an official of the Owner. It is understood that in such matters they act solely as agents and representatives of the Owner.
LOBBYING AND INFLUENCING FEDERAL EMPLOYEES —
Bidder or Offeror certifies by signing and submitting this proposal or acceptance of this contract, to the best of his or her knowledge and belief, that:
1. 1. No federal appropriated funds have been 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 any 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.
  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 Lobby Activities,” 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, subgrants, 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 31 U.S.C. §1352. 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.
No waiver of legal rights —
Upon completion of the work, the Owner will expeditiously make final inspection and notify the Contractor of final acceptance. Such final acceptance, however, shall not preclude or stop the Owner from correcting any measurement, estimate, or certificate made before or after completion of the work, nor shall the Owner be precluded or stopped from recovering from the Contractor or his or her surety, or both, such overpayment as may be sustained, or by failure on the part of the Contractor to fulfill his or her obligations under the contract. A waiver on the part of the Owner of any breach of any part of the contract shall not be held to be a waiver of any other or subsequent breach.
The Contractor, without prejudice to the terms of the contract, shall be liable to the Owner for latent defects, fraud, or such gross mistakes as may amount to fraud, or as regards the Owner’s rights under any warranty or guaranty.
OCCUPATIONAL SAFETY AND HEALTH ACT OF 1970 —
All contracts and subcontracts that result from this solicitation incorporate by reference the requirements of 29 CFR Part 1910 with the same force and effect as if given in full text. The employer must provide a work environment that is free from recognized hazards that may cause death or serious physical harm to the employee. The employer retains full responsibility to monitor its compliance and their subcontractor’s compliance with the applicable requirements of the Occupational Safety and Health Act of 1970 (29 CFR Part 1910). The employer must address any claims or disputes that pertain to a referenced requirement directly with the U.S. Department of Labor – Occupational Safety and Health Administration.
PROCUREMENT OF RECOVERED MATERIALS —
Contractor and subcontractor agree to comply with Section 6002 of the Solid Waste Disposal Act, as amended by the Resource Conservation and Recovery Act, and the regulatory provisions of 40 CFR Part 247. In the performance of this contract and to the extent practicable, the Contractor and subcontractors are to use of products containing the highest percentage of recovered materials for items designated by the Environmental Protection Agency (EPA) under 40 CFR Part 247 whenever:
1. The contract requires procurement of $10,000 or more of a designated item during the fiscal year; or,
2. the contractor has procured $10,000 or more of a designated item using Federal funding during the previous fiscal year.
The list of EPA-designated items is available at www.epa.gov/smm/comprehensive-procurement-guidelines-construction-products.
Section 6002(c) establishes exceptions to the preference for recovery of EPA-designated products if the contractor can demonstrate the item is:
1. Not reasonably available within a timeframe providing for compliance with the contract performance schedule;
2. Fails to meet reasonable contract performance requirements; or
3. Is only available at an unreasonable price.
Environmental protection —
The Contractor shall comply with all Federal, state, and local laws and regulations controlling pollution of the environment. The Contractor shall take necessary precautions to prevent pollution of streams, lakes, ponds, and reservoirs with fuels, oils, asphalts, chemicals, or other harmful materials and to prevent pollution of the atmosphere from particulate and gaseous matter.
Archaeological and historical findings —
Unless otherwise specified in this subsection, the Contractor is advised that the site of the work is not within any property, district, or site, and does not contain any building, structure, or object listed in the current National Register of Historic Places published by the United States Department of Interior.
Should the Contractor encounter, during his or her operations, any building, part of a building, structure, or object that is incongruous with its surroundings, the Contractor shall immediately cease operations in that location and notify the RPR. The RPR will immediately investigate the Contractor’s finding and the Owner will direct the Contractor to either resume operations or to suspend operations as directed.
Should the Owner order suspension of the Contractor’s operations in order to protect an archaeological or historical finding, or order the Contractor to perform extra work, such shall be covered by an appropriate contract change order or supplemental agreement as provided in the subsection 2.4.4 titled EXTRA WORK of Section 40 and the subsection 2.9.5 titled PAYMENT FOR EXTRA WORK of Section 90. If appropriate, the contract change order or supplemental agreement shall include an extension of contract time in accordance with the subsection 2.8.8 titled DETERMINATION AND EXTENSION OF CONTRACT TIME of Section 80.
RIGHTS TO INVENTIONS —
Contracts or agreements that include the performance of experimental, developmental, or research work must provide for the rights of the Federal Government and the Owner in any resulting invention as established by 37 CFR part 401, Rights to Inventions Made by Non-profit Organizations and Small Business Firms under Government Grants, Contracts, and Cooperative Agreements. This contract incorporates by reference the patent and inventions rights as specified within 37 CFR § 401.14. Contractor must include this requirement in all sub-tier contracts involving experimental, developmental, or research work.
SEISMIC ACTIVITY —
In the performance of design services, the Contractor agrees to furnish a building design and associated construction specification that conform to a building code standard that provides a level of seismic safety substantially equivalent to standards as established by the National Earthquake Hazards Reduction Program (NEHRP). Local building codes that model their building code after the current version of the International Building Code (IBC) meet the NEHRP equivalency level for seismic safety. At the conclusion of the design services, the Contractor agrees to furnish the Owner a “certification of compliance” that attests conformance of the building design and the construction specifications with the seismic standards of NEHRP or an equivalent building code.
Insurance Requirements —
Contractor shall, at all times during the term of this Contract, carry insurance coverage as hereinafter provided.
Insurance-Professional Liability Insurance —
Professional Liability Insurance: Consultant, at its expense, must procure and maintain professional liability insurance (errors and omissions) in an amount of not less than $1,000,000 protecting Consultant from and against liability which may occur by reason of any errors, omissions, or negligent acts of its directors, officers, employees and agents in the performance of professional services under this Contract. Consultant must maintain this coverage for five (5) years after all services and work required under this Contract is completed by Consultant, or after the Consultant has left the job site, whichever occurs last.
TRADE RESTRICTION CERTIFICATION —
By submission of an offer, the Offeror/Contractor certifies that with respect to this solicitation and any resultant contract, the Offeror/Contractor
1. 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.);
2. 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
3. has not entered into any subcontract for any product to be used on the Federal 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 USC § 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. 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/Contractor 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/Contractor 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 (FAA) may direct through the Owner cancellation of the contract or subcontract for default at no cost to the Owner or the FAA.
VETERAN'S PREFERENCE —
In the employment of labor (excluding executive, administrative, and supervisory positions), the Contractor and all sub-tier contractors must give preference to covered veterans as defined within Title 49 U.S.C. § 47112. Covered veterans include Vietnam-era veterans, Persian Gulf veterans, Afghanistan-Iraq war veterans, disabled veterans, and small business concerns (as defined by 15 U.S.C. § 632) owned and controlled by disabled veterans. This preference only applies when there are covered veterans readily available and qualified to perform the work to which the employment relates.
Insurance-Commercial General Liability and Umbrella Liability Insurance —
Commercial General Liability and Umbrella Liability Insurance:
1. 1. Contractor, at its expense, shall procure and maintain commercial general liability (CGL) and, if necessary, commercial umbrella insurance with a limit of not less than $10,000,000 each occurrence. If such CGL and/or umbrella insurance contains a general aggregate limit, it shall apply separately to operations under this Contract.
  2. CGL insurance must be written on Insurance Services Office (“ISO”) occurrence form CG 00 01 (or a substitute form providing equivalent coverage) and include coverage arising from, but not limited to: premises, operations, contractors, subcontractors, consultants, products, completed operations, property damage, personal injury, death, advertising injury, and liability assumed under an insured contract.
Insurance-Automobile and Umbrella Liability Insurance —
Automobile and Umbrella Liability Insurance:
1. 1. If Contractor uses motor vehicles at CVG, Contractor shall, at its expense, procure and maintain automobile liability insurance and, if necessary, commercial umbrella insurance with a limit of not less than $10,000,000 each accident. Such insurance must cover liability arising out of any auto (including owned, hired and non-owned autos) while at CVG. Automobile liability insurance must be written on ISO form CA 00 01, CA 00 12, CA 00 20 (or a substitute form providing equivalent coverage).
DOMESTIC PREFERENCE FOR PROCUREMENTS —
The Bidder or Offeror certifies by signing and submitting this bid or proposal that, to the greatest extent practicable, the Bidder or Offeror has provided a preference for the purchase, acquisition, or use of goods, products, or materials produced in the United States (including, but not limited to, iron, aluminum, steel, cement, and other manufactured products) in compliance with 2 CFR § 200.322.
PROHIBITION OF COVERED UNMANNED AIRCRAFT SYSTEMS (UAS) —
The Contractor certifies that they are aware of and comply with relevant Federal statutes and regulations, including those from the Federal Aviation Administration (FAA), for operating unmanned aircraft systems (UAS) in accordance, and in compliance with all related requirements in the FAA Reauthorization Act of 2024 (Public Law 118-63), section 936 (49 U.S.C. § 44801 note).
Contractor warrants that all UAS operations will be conducted in full compliance with all applicable Federal Aviation Administration (FAA) regulations, including but not limited to 14 CFR Part 107, and any other applicable local, state, or Federal laws and regulations.
Sponsors and subgrant recipients cannot use AIP grant funds to enter into, extend, or renew a contract related to overed unmanned aircraft systems (UAS). This includes both procurement and operational contracts, as well as contracts with entities that operate such systems.
Insurance-Workers’ Compensation and Employer’s Liability Coverage —
Workers’ Compensation and Employer’s Liability Coverage: Contractor shall, at its expense, procure and maintain a Kentucky workers’ compensation insurance policy. Contractor shall, at its expense, procure and maintain an employer’s liability insurance policy if required under the laws of the Commonwealth of Kentucky and if required the commercial umbrella and/or employer’s liability limits must not be less than $1,000,000 each accident for bodily injury by accident and $1,000,000 each employee for bodily injury by disease.
Insurance-Unemployment Insurance —
Unemployment Insurance: Contractor, at its expense, shall procure and maintain statutory unemployment insurance protection for all its employees.
Insurance-Additional Insured —
Additional Insured:
1. 1. Contractor shall include the Kenton County Airport Board as an insured under the CGL, using ISO additional insured endorsements CG 20 10 and CG 20 37 or substitute form providing equivalent coverage, and under the commercial umbrella, if any, and such endorsement(s) must be maintained in effect for the benefit of the Kenton County Airport Board for a period of three years following the completion of work under this Contract. This insurance applies as primary insurance with respect to any other insurance or self-insurance programs afforded to the Kenton County Airport Board. There may be no endorsements or modifications of the CGL to make it excess over other available insurance; alternatively, if the CGL states that it is excess or pro-rata, that policy shall be endorsed to be primary with respect to the Kenton County Airport Board as additional insured. Contractor shall also include the Kenton County Airport Board as an insured under the commercial auto policy, using ISO designated insured endorsement CA 20 48. The Owner is not liable for any premiums charged for such coverage, and the inclusion of the Owner as additional insured is not intended to and does not make the Owner a partner or joint venture with Contractor in Contractor’s operations at the Airport.
  2. The status of the Kenton County Airport Board as an additional insured under the CGL obtained in compliance with paragraph G.1 of this Agreement shall not restrict coverage under such CGL with respect to the escape or release of pollutants and/or hazardous substances as defined by applicable federal, state, local, rule, statute, law, regulation and/or ordinance at or from a site owned or occupied by, or rented or loaned to the Kenton County Airport Board.
  3. There may be no endorsement or modification of the CGL limiting the scope of coverage for liability arising from explosion, collapse, underground property damage, employment-related practices or pollution and/or hazardous substances as defined by applicable federal, state, local, rule, statute, law, regulation and/or ordinance.
Insurance-Builders Risk —
Builders Risk - The Contractor, at its expense, shall procure and maintain builders risk insurance for the entire work under this Agreement to the full insurable value thereof, to cover the perils insured under ISO special causes of loss form (CP 10 30) or substitute form providing equivalent coverage. This insurance shall include the interest of subcontractors in the work and shall name the Board as the loss payee.
Insurance-Network security/privacy liability insurance —
Network security/privacy liability insurance. Contractor agrees to purchase and maintain throughout the term of this Agreement a technology/professional liability insurance policy, including coverage for network security/data protection liability insurance (also called “cyber liability”) covering liabilities for financial loss resulting or arising from acts, errors, or omissions, in rendering technology/professional services or in connection with the specific services described in this Agreement: (a) violation or infringement of any right of privacy, including breach of security and breach of security/privacy laws, rules or regulations globally, now or hereinafter constituted or amended; (b) data theft, damage, unauthorized disclosure, destruction, or corruption, including without limitation, unauthorized access, unauthorized use, identity theft, theft of personally identifiable information or confidential corporate information in whatever form, transmission of a computer virus or other type of malicious code; and participation in a denial of service attack on third party computer systems; (c) loss or denial of service; (d) no cyber terrorism exclusion; and (e) with a minimum limit of $5 million each and every claim and in the aggregate. Such coverage must include technology/professional liability including breach of contract, privacy and security liability, privacy regulatory defense and payment of civil fines, and breach response costs (including without limitation, notification costs, forensics, credit protection services, call center services, identity theft protection services, and crisis management/public relations services).
Insurance-Contractors Pollution Liability Insurance —
Contractors Pollution Liability Insurance: Contractor, at its expense, shall procure and maintain Contractors Pollution Liability insurance with a limit of not less than $1,000,000 each occurrence. If such insurance contains a general aggregate limit, it shall apply separately to operations under this agreement.
Insurance-Cross Liability Coverage —
Cross Liability Coverage: Contractor agrees that all insurance policies contain cross liability coverage as provided under standard ISO forms separation of insured clause.
Insurance-Subcontractors —
Subcontractors: Contractor shall cause each subcontractor to purchase and maintain insurance of the type specified under this Contract. When requested by the Owner, Contractor shall furnish copies of certificates of insurance coverage for each subcontractor.
Insurance-Right to Amend Insurance —
Right to Amend Insurance: The Owner has the right to change the insurance coverage and the insurance limits required of the Contractor when it is determined to be necessary by the Owner, provided that the Owner shall provide Contractor with 30 days advance notice. The Owner is not responsible for any increased costs associated therewith.
Insurance-Proof of Insurance —
Proof of Insurance: Prior to execution of the Contract, Contractor shall furnish the Owner with certificates evidencing existence of valid policies of insurance with the coverage specified, including evidence of unemployment insurance and Kentucky workers’ compensation insurance. These certificates must state that the coverages may not be amended so as to decrease the protection below the limits specified herein or be subject to cancellation without at least 30 calendar days advance written notice to the Owner. A renewal policy or renewal certificate must be delivered to the Owner's Risk Manager at least 30 calendar days prior to a policy’s expiration date, except for any policy expiring on or after the expiration date of this Contract.
Insurance-Failure to Maintain Insurance —
Failure to Maintain Insurance: In the event Contractor shall at any time fail to have in effect the insurance required under the provisions of this Contract, upon written notice to the Contractor of its intention to do so, the Owner has the right (but not the obligation) to secure the insurance required hereunder at the cost and expense of the Contractor. In the event Contractor shall at any time fail to furnish the Owner with the certificate or certificates required hereunder, the Owner may, at any time, after 15 calendar days’ written notice to Contractor of its intention to do so, secure the required certificate or certificates at the cost of the Contractor. Contractor agrees to reimburse the Owner for the costs thereof plus 15% for administrative overhead. This is without prejudice to any other right the Owner may have in law or equity, including the right to terminate this Contract.
Insurance-Primary Insurance —
Primary Insurance: Contractor’s insurance must be primary and non- contributory with respect to any other insurance available to or for the benefit of the Owner. Any Owner insurance or self-insured retention is considered excess insurance only. Contractor’s insurance policies must contain a severability of interest clause.
Insurance-Owner Review of Insurance —
Owner Review of Insurance: All policies required hereunder must be satisfactory to the Owner including the quality of the insurer, deductible, or retentions. By requiring insurance herein, the Owner does not represent that coverage and limits will necessarily be adequate to protect Contractor, and such coverage limits shall not be deemed as a limitation on Contractor’s liability under the indemnities granted to the Owner under this Contract. Failure of the Owner to demand such certificates or other evidence of full compliance with these insurance requirements or failure of the Owner to identify a deficiency from evidence that is provided is not considered to be a waiver of Contractor's or subcontractor’s obligation to maintain such insurance.
Insurance-Prohibiting Contractor's Access —
Prohibiting Contractor's Access: The Owner has the right, but not the obligation, of prohibiting Contractor from entering the project site until such certificates or other evidence of insurance has been placed in complete compliance with these requirements and approved by the Owner.

Submission Requirements

Minimum Qualifications (required) —
Please upload documentation showing evidence of the requirements in the Minimum Qualifications:
1. Relevant Project Experience
2. Experience Working at an Airport Facility
3. Qualifications of Personnel
4. Airport/Secure Facility Experience
5. Certifications, Licensing & Training
Respondent Submittals (without Cost) (required) —
Please Upload your COMPLETE response, including any and all documents required in Bid Requirements and Proposal Forms in Exhibit A of this solicitation and the corresponding attachments.
Subcontractors List (required) —
Please download the below documents, complete, and upload.
Certificate of Insurance (required) —
Please upload a copy of your COI showing proof of required coverages and limits listed in this ITB.
Exceptions to ITB or Proposed Agreement (required) —
Provide in writing all exceptions to this ITB or proposed agreement attached. Exceptions should list referencing page and paragraph numbers. If no exceptions are taken, the bid response must include a statement that the bidder takes “No Exceptions”.
I certify that I have read, understood and agree to the terms in this solicitation, and that I am authorized to submit this response on behalf of my company. (required)
Is this a federally eligible project? (required)
Provide funding source: (required) —
Example: a combination of federal grants and local funds
Did the engineer provide additional defined terms to include in the General Provisions? (required) —
If the answer is YES, please attach these additional items.
For bidding purposes, Mobilization bid item is limited to ___ of the total project cost. (required) —
Example: 20%
What page of the project plans is the CSPP? (required)
What construction delivery method are you requesting? (required)
What warranty term do you want for this project? (required)
Does the Contractor Quality Control Program Administrator (CQCPA) have to be onsite or is offsite acceptable? (required)
Which wage rate schedule applies to this project? (required) —
Choose N/A for projects that are not federally funded.
Is an Engineer/Resident Project Representative field office required? (required)
Who is the engineer for this project? (required) —
Provide name of firm or Kenton County Airport Board if performed in house.
Additional comments:
Do you need to include Item C-100 Contractor Quality Control Program? (required) —
REQUIRED for projects >$500K where paving is the major work item. Strong encouraged for all others.
Do you need to include Item C-102 Temporary Air and Water Pollution, Soil Erosion, and Siltation Control? (required)
Do you need to include Item C-110 Method of Estimating Percentage of Material Within Specification Limits (PWL)? (required) —
Do not use if using Item P-401, P-501, and/or P-404 are not required (in Tech Spec). PWL may not be appropriate on very small projects or on projects that are maintenance repair type projects. PWL works best when sufficient material is placed to have at least one lot per day.

Questions & Answers

Q (Initial Questions): Can we use GPR rather than X-Ray?

A: Any method that identifies rebar and post tension strands to avoid can be utilized.

Q (No subject): Do the products have to be all Steel, or can we use aluminum?

A: Products can be aluminum but must meet regulatory and project specific requirements. Changes to materials or products will be addressed using RFIs and approval from LJB, Inc.

Q (No subject): What is the purpose of the davit base on the concrete wall?

A: The purpose of the davit base is to insert davit arms for any potential retrieval needs while making entries and doing work in the tanks.

Q (No subject): Do you want Security measures on the public area ladders as far as the access gates?

A: No for the Storm Water Treatment Plant. (None of the other items are secured in that fashion and the location is so remote). Yes for the T3 Beacon Ladder.

Q (Hand Rail Connections): Can the Handrail be Fabricated Rigid Rail rather than the bolt together as specified.

A: Yes, fabricated (welded) is acceptable. The contractor that is the winning bidder must submit any alternatives for approval.

Q (Drawings): I wrote on all the drawings with questions, can I email them and someone can upload them?

A: No, all questions must be uploaded to OpenGov.

Q (No subject): Can existing railings be removed and replaced with new railing and or components? S102 SWTP Rail modification be allowed in case they interfere with davit locations? S105 SWTP What support is expected for modified grating? S106 SWTP Can substitutes be allowed for stair systems if load ratings are met and or other requirements? S501 Details for security door? S501 parking deck Can the hoist arm be changed to an equivalent S501 Concourse A Typical stanchion to beam detail S505 Concourse A, is a bolted connection allowed in lieu of welded?

A: 1. Yes, given the new guardrail meets specifications. The contractor that is the winning bidder must submit any alternatives for approval. Additional information shown in Section 1 on S501. 2. Yes, given the guardrail meets specifications and OSHA requirements. 3. Grating to be reinforced around hole perimeter cut for davit bases to ensure proper load transfer from grating to support structure. Typical support usually involved welding angles on grating underside. 4. Yes, given the new stair meets specifications. The contractor that is the winning bidder must submit any alternatives for approval. 5. Security door to be at least 8 feet tall and be removable from ladder. 6. Yes, but the contractor that is the winning bidder must submit any alternatives for approval. 7. This can be proposed, but the contractor that is the winning bidder must submit any alternatives for approval.

2026 Fall Protection Systems Installation

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PHASE	DURATION (# OF DAYS)	LIQUIDATED DAMAGES
Bid Pkg 1 - SWTP	120 Days	$500.00/Day
Bid Pkg 2 - Beacon	45 Days	$500.00/Day
Bid Pkg 3 - Conc A	300 Days	$500.00/Day