DIVISION 1 ADVERTISEMENT FOR BIDS Dickinson Theodore Roosevelt Regional Airport Dickinson, North Dakota BIL Project No. 3-38-0013-050-2023 Project Name: Airfield Pavement Rehabilitation Bid Date: Thursday, March 23, 2023 at 1:30 PM Local Time Sealed bids, subject to the conditions contained herein, for improvements to the Dickinson Theodore Roosevelt Regional Airport; Dickinson, North Dakota AIP Project No. 3-38-0013-050-2023 will be received by the Dickinson Municipal Airport Authority; 11120 42nd Street Southwest, Dickinson, North Dakota, 58601, until 1:30 PM local time on March 23, 2023, and then publicly opened and read aloud. Project work consists of but is not limited to the following: Airfield Pavement Rehabilitation will consist of asphalt and concrete pavement rehabilitation efforts to include crack sealing, joint sealing, partial depth repairs, full depth repairs, pavement markings and associated improvements. Construction for this project shall be completed within forty-five (45) calendar days for all bid schedules with time charges beginning on June 5, 2023 or the day construction begins, whichever is earlier. Contract Documents. The complete set of Plans, Specifications, and Contract Documents may be downloaded for a fee of $25.00 at No. 8409619. Those wishing to download the bidding documents electronically, do so at their own risk for completeness of the bidding documents. Bidding. Each bid must be accompanied by a separate envelope containing the contractor’s license and bid security. The bid security must be in a sum equal to five percent of the full amount of the bid and must be in the form of a bidder’s bond. A bidder’s bond must be executed by the bidder as principal and by a surety, conditioned that if the principal’s bid is accepted and the contract awarded to the principal, the principal, within ten days after notice of the award, shall execute a contract in accordance with the terms of the bid and the bid bond and any condition of the governing body. If a successful bidder does not execute a contract within the ten days allowed, the bidder’s bond must be forfeited to the governing body and the project awarded to the next lowest responsible bidder. All bidders must be licensed for the full amount of the bid within twenty (20) days after being determined to be the lowest responsible bidder. If bidder fails to provide contractor’s license for the full amount of the bid within twenty (20) days, the bid will be rejected and awarded to the next lowest responsible bidder. The airport reserves the right to reject any and all bids and rebid the project. No bid will be read or considered if the bid does not fully comply with the bidding requirements. Deficient bids will be resealed and returned to the bidder. Multiple Prime Bids for General, Electrical, and Mechanical. Multiple prime bids are not required for this project. Federal Requirements for Federally Funded Projects. This Project is being partially funded under the Federal Aviation Administration (FAA) Airport Improvement Program (AIP). Contractors must comply with specific federally required provisions as listed herein and contained in the contract documents. The following federal provisions are incorporated in this solicitation by reference: 1. Affirmative Action (41 CRF Part 60-4; Executive Order 11246) 2. Buy American Preference (49 USC § 50101; Executive Order 14005; Bipartisan Infrastructure Law (Pub. L No. 117-58); Build America; Buy America (BABA)) 3. Civil Rights – Title VI Assurance (49 USC § 47123; FAA Order 1400.11) 4. Davis-Bacon Act (2 CFR Part 200, Appendix II (D); 29 CFR Part 5; 49 USC § 47112 (b); 40 USC § 3141-3144, 3146, and 3147) 5. Debarment and Suspension (2 CFR Part 180 (Subpart B); 2 CFR Part 200, Appendix II(H); 2 CFR Part 1200; DOT Order 4200.5; Executive Orders 12549 and 12689) 6. Disadvantaged Business Enterprise (49 CFR Part 26) 7. Federal Fair Labor Standards Act (29 USC § 201, et seq; 2 CFR § 200.430) 8. Foreign Trade Restriction (49 CFR Part 30; 49 USC § 50104) 9. Lobbying and Influencing Federal Employees (49 CFR Part 20, Appendix A; 31 USC § 1352 – Byrd Anti-Lobbying Amendment; 2 CFR part 200- Appendix II(I)) 10. Procurement of Recovered Materials (2 CFR § 200.323; 2 CFR Part 200, Appendix II (J); 40 CFR Part 247; 42 USC § 6901, et seq (Resource Conservation and Recovery Act (RCRA))) 11. Government-wide Requirements for Drug-free Workplace (49 CFR Part 32; Drug-Free Workplace Act of 1988(41 USC § 8101-8106, as amended) Disadvantaged Business Enterprise. The requirements of 49 CFR Part 26 apply to this contract. It is the policy of the Dickinson Municipal Airport Authority to practice nondiscrimination based on race, color, sex, or national origin in the award or performance of this contract. The Owner encourages participation by all firms qualifying under this solicitation regardless of business size or ownership. Federal Fair Labor Standards Act. 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. Trade Restriction Certification. By submission of an offer, the Offeror certifies that with respect to this solicitation and any resultant contract, the Offeror - 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 USTR; 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 USTR. 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) who is owned or controlled by one or more citizens or nationals of a foreign country included on the list of countries that discriminate against U.S. firms published by the U.S.T.R. or 2) whose subcontractors are owned or controlled by one or more citizens or nationals of a foreign country on such U.S.T.R. list; or 3) who incorporates in the public works project any product of a foreign country on such U.S.T.R. list. Nothing contained in the foregoing shall be construed to require establishment of a system of records in order to render, in good faith, the certification required by this provision. The knowledge and information of a contractor is not required to exceed that which is normally possessed by a prudent person in the ordinary course of business dealings. The Offeror agrees that, if awarded a contract resulting from this solicitation, it will incorporate this provision for certification without modification in 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 USTR, unless the Offeror has knowledge that the certification is erroneous. This certification is a material representation of fact upon which reliance was placed when making an award. If it is later determined that the Contractor or subcontractor knowingly rendered an erroneous certification, the Federal Aviation Administration (FAA) may direct through the Owner cancellation of the contract or subcontract for default at no cost to the Owner or the FAA. Civil Rights - Title VI Assurances. The Dickinson Municipal Airport Authority, in accordance with the provisions of Title VI of the Civil Rights Act of 1964 (78 Stat. 252, 42 USC. §§ 2000d to 2000d-4) and the Regulations, hereby notifies all bidders or offerors that it will affirmatively ensure that for any contract entered into pursuant to this advertisement, business enterprises will be afforded full and fair opportunity to submit bids in response to this invitation and no business will be discriminated against on the grounds of race, color, or national origin (including limited English proficiency), creed, sex (including sexual orientation and gender identity), age, or disability in consideration for an award. Notice of Requirement for Affirmative Action to Ensure Equal Employment Opportunity 1. The Offeror’s or Bidder’s attention is called to the “Equal Opportunity Clause” and the “Standard Federal Equal Employment Opportunity Construction Contract Specifications” set forth herein. 2. The goals and timetables for minority and female participation, expressed in percentage terms for the contractor’s aggregate workforce in each trade on all construction work in the covered area, are as follows: Timetables Goals for minority participation for each trade: 1.3% Goals for female participation in each trade: 6.9% These goals are applicable to all of the contractor’s construction work (whether or not it is Federal or federally-assisted) performed in the covered area. If the contractor performs construction work in a geographical area located outside of the covered area, it shall apply the goals established for such geographical area where the work is actually performed. With regard to this second area, the contractor also is subject to the goals for both its federally involved and non-federally involved construction. The Contractor’s compliance with the Executive Order and the regulations in 41 CFR Part 60-4 shall be based on its implementation of the Equal Opportunity Clause, specific affirmative action obligations required by the specifications set forth in 41 CFR 60-4.3(a), and its efforts to meet the goals. The hours of minority and female employment and training must be substantially uniform throughout the length of the contract, and in each trade, and the contractor shall make a good faith effort to employ minorities and women evenly on each of its projects. The transfer of minority or female employees or trainees from Contractor to Contractor or from project to project for the sole purpose of meeting the Contractor’s goals shall be a violation of the contract, the Executive Order and the regulations in 41 CFR Part 60-4. Compliance with the goals will be measured against the total work hours performed. 3. The Contractor shall provide written notification to the Director of the Office of Federal Contract Compliance Programs (OFCCP) within 10 working days of award of any construction subcontract in excess of $10,000 at any tier for construction work under the contract resulting from this solicitation. The notification shall list the name, address, and telephone number of the subcontractor; employer identification number of the subcontractor; estimated dollar amount of the subcontract; estimated starting and completion dates of the subcontract; and the geographical area in which the subcontract is to be performed. 4. As used in this notice and in the contract resulting from this solicitation, the “covered area” is Stark County, Dickinson, North Dakota. Federal Funding. The award of the contract is subject to approval of the Federal Aviation Administration and availability of federal funding. See instruction to bidders for additional information. Any questions regarding bids are to be directed to: Mead & Hunt, Inc. Address: 1095 North Plaza Drive – Suite 2 Rapid City, SD 57702 Phone: 605.610.2938 (March 1, 8 & 15, 2023) 198328