. , 

CLARI<HILL 

Jeffrey M. Gallant 

T 313.967.4071 

F313.309.6849 

Email: jgallant@clarkhill.com 

~~~[EOWlE~ 

hlnl/ 9 ~niA , 

'---· . 

PART 16 DOCKETS 

October 31,2014 

Clark Hill PLC 

500 Woodward Avenue 

Suite 3500 

Detroit, Ml 48226 

T 313.965.8300 

F 313.965.8252 

clarkhill.com 

Office of Chief Counsel VIA OVERNIGHT DELIVERY 

Attention: FAA Part 16 Docket Clerk, AGC-600 

Federal Aviation Administration 

800 Independence Avenue SW. 

Washington, D.C. 20591 

Re: Protest of Award- Solicitation No.: 2014-523 

City of El Paso 

EPIA Reconstruct Runway 8L 26R, Taxiway U and Taxiway V 

Construct New Parallel Taxiway and Connectors 

Complaint Pursuant to 14 CFR Part 16 and 49 CFR 18.36 

Dear Sir/Madam: 

This office represents Ultimate Concrete, LLC's ("Ultimate"). 

Please consider this Ultimate's Complaint to the Federal Aviation Administration pursuant to 14 

CFR Part 16 and 49 CFR 18.36 of the City ofEl Paso's ("City") denial of Ultimate's Protest of 

Award ("Protest") regarding the above referenced project. 

FACTS 

The City advertised Solicitation No. 2014-523 for bidding (the "Project"), with bids having been 

submitted on August 13,2014. 

Three bids were submitted from: Jordan Foster Construction (the apparent low bid), Ultimate 

Concrete, LLC (the apparent second low bid), and Sundt Construction, Inc. (the highest bid) 

The actual bid prices, as submitted, are reflected on the City of El Paso's Bid Tabulation Form, 

attached to our letter dated September 4, 2014. (See Exhibit No. 1) 

As can be seen from the bid tabulation, .T ordan Foster failed to provide pricing as required by the 

Solicitation for Alternate 1, Item Numbers l, 2 and 3, (to replace Item Numbers 1, 2, and 3 from 

the Base Bid II and Alternate 2, Item Numbers l, 2 and 3 (to replace Item Numbers 1, 2 and 3 

from Base Bid II). Instead of providing the unit pricing required by the Solicitation, Jordan 

201545903.1 33546/177828 
Office of Chief Counsel 

Attention: FAA Part 16 Docket Clerk, AGC-600 

October 31,2014 

Page2 

Foster entered "N/A" [not applicable] on each of the six lines on the bid form. (See Exhibit No. 

2, only page 18 ofJordan Foster's bid is attached) 

On September 4, 2014, Ultimate filed its Protest of Award with the City, which clearly sets forth 

the basis for Ultimate's protest. (See Exhibit No. 1) 

On September 19, 2014, the City's Purchasing Director denied Ultimate's Protest without 

explanation. The denial provided no explanation, and no factual or legal basis for the denial. 

(See Exhibit No. 3) 

On or about September 23, 2014, before Ultimate had exhausted its protest rights, it appears that 

the City awarded the contract to Jordan Foster. (See Exhibit No. 4) 

On September 26, 2014, without knowing that the contract had been awarded to Jordan Foster, 

Ultimate requested that the City reconsider its denial of Ultimate's Protest, and provided a copy 

of the request to the FAA. (See Exhibit No. 5) The City did not respond to Ultimate's request. 

On September 29, 2014, Ultimate submitted its appeal of the Purchasing Directors decision to 

the City Manager, pursuant to the City's Bid Protest procedure, and provided a copy of the 

appeal to the FAA. (See Exhibit No. 6) The City Manager's decision is the last step in the City's 

administrative bid protest procedure. (See Exhibit No. 7) In this instance, the City Manager did 

not act or respond to Ultimate's appeal. 

Now that Ultimate has exhausted all of its administrative remedies under the City's bid protest 

procedure, this appeal to the Federal Aviation Administration is ripe pursuant to 14 CPR Part 16 

and 49 CPR 18.36. 

ARGUMENT 

We are aware that this Project is funded in substantial part by the United States, acting by and 

through grants administered by the U.S. Federal Aviation Administration ("FAA"). As an FAA 

Grantee, the City is obligated to comply with the U.S. Department of Transportation and the 

FAA's regulations, including, but not limited to, competitive bidding requirements. 49 CPR § 

18, et seq requires the City to establish and conduct competitive bidding in accordance with the 

regulations, and specifically, to award the contract for construction to the lowest RESPONSIVE 

bidder (see 49 CPR§ 18.36(D)(2)(i)). 

201545903.1335461177828 
Office of Chief Counsel 

Attention: FAA Part 16 Docket Clerk, AGC-600 

October 31,2014 

Page 3 

Standing to Appeal to FAA 

Ultimate has standing to assert this Protest because Ultimate has submitted a bid 

response/proposal. Ultimate is the second low bid as read, and its bid is responsive in every way. 

Therefore, Ultimate is directly and substantially affected by the City's non-compliance. 14 CFR 

§16.23 

Furthermore, Ultimate has exhausted its administrative remedies with the City. 49 CFR § 

18.36(b )(12) provides for federal agency review where: (i) there are violations of federal law or 

regulations and the standards under §18.36; or (ii) there are violations of the grantee's protest 

procedures for failing to review a protest. 

As discussed herein, the City improperly deemed Jordon Foster's bid responsive where Jordan 

Foster failed to comply with the specific requirements of the City's Solicitation when it failed or 

otherwise refused to enter pricing information in six ( 6) locations on the bid form. The City's 

actions (and inactions) violate Federal laws and regulations, including but not limited to: 

a) 49 CFR § 18.36(c)(1) which requires procurement transactions be "conducted in a 

manner providing full and open competition consistent with the standard of 

§ 18.36." including --- "(vii) any arbitrary action in the procurement process"; 

and 

b) 49 CFR § 18.36(c)(3)(ii) for failing to follow its "written selection procedures for 

procurement transactions" to "ensure that all solicitations... ii. identifY all 

requirements which the offers must fulfill and all other factors to be used in 

evaluating bids or proposals" 

Furthermore, the City has violated its own bid protest procedures by failing to evaluate 

Ultimate's Protest in a responsible and meauingful way. 

Arbitrary Action by the City of El Paso 

The City's action of accepting Jordan Foster's non-responsive bid was arbitrary, and violated the 

specific requirements of the Solicitation. 

Specifically, Paragraph 2 of the Information for Bidders provides: 

"EACH BID MUST BE SUBMITTED ON THE PRESCRIBED FORM AND 

All blank spaces for bid prices must be entered in ink or typewritten. FAILURE 

TO FILL IN ALL BLANK SPACES SHALL CAUSE THE BID PROPOSAL 

TO BE DEEMED NOT RESPONSIVE AND BID PROPOSAL WILL NOT 

BE CONSIDERED IN DETERMINING THE LOWEST RESPONSIBLE 

BIDDER." (emphasis was provided by the City) (See Exhibit No. 8) 

201545903.1 335461177828 
Office of Chief Counsel 

Attention: FAA Part 16 Docket Clerk, AGC-600 

October 31,2014 

Page4 

Likewise, the Proposal Form provides: 

"EACH PROPOSAL MUST BE SUBMITTED ON THE PRESCRIBED FORM 

AND all blank spaces on the proposal form for proposal prices must be filled in, 

in ink or typewritten. FAILURE TO FILL IN ALL BLANK SPACES SHALL 

CAUSE THE BID PROPOSAL TO BE DEEMED NOT RESPONSIVE AND 

BID PROPOSAL WILL NOT BE CONSIDERED IN DETERMINING THE 

LOWEST RESPONSIBLE BIDDER." (emphasis was provided by the City) 

(See Exhibit No. 9) 

In the instance of Jordan Foster's bid, Jordan Foster failed to enter any prices for Alternates 1 

and 2 as required on the prescribed bid form. Each instance of omitted pricing constitutes 

material "non-responsiveness" warranting rejection of the entire bid pursuant to Paragraph 2 of 

the Information for Bidders and the terms of the Proposal Form. 

While the City has reserved the right to accept or reject any or all bids, and, to the extent 

permitted by law, waive informalities or irregularities, the City's rights are NOT unlimited in this 

regard. Specifically, the City's waiver of bid defects is limited to informalities or irregularities 

which are "not material" and/or are "harmless" (for example, if the defect relates only to an 

element of the bid that is not material, mandatory, or essential to the responsiveness of the bid, 

such as the number of copies submitted, literature or other attachments, or business affiliation 

information). 

Certainly defects in bid pricing, representing hundreds of thousands of dollars in value, are not 

harmless informalities or irregularities, but go directly to the material aspects of the bid. If 

waived, Jordan Foster will receive a significant, unfair, competitive advantage over the other 

bids, which is not only contrary to the express terms of the solicitation but will directly 

undermine and prejudice the propriety of the competitive bid market place. 

Accordingly, as provided for under Paragraph 2 of the Information for Bidders and the Proposal 

Form, Jordan Foster's bid should have been deemed non-responsive, and should not have been 

considered in determining the lowest responsible bidder. Ultimate's bid is entirely responsive, 

and since Ultimate is the second low bid, the City should have awarded the Project to Ultimate, 

as the lowest, responsive, responsible bidder. 

Failure to Properly Evaluate the Protest 

The City has an established procedure for evaluating and acting upon a Bid Protest, consisting of 

two steps. The first step requires submission of the Protest to the City's Purchasing Director for 

a decision. (See Exhibit No. 1 0) Thereafter, if the decision is not acceptable to the protester, the 

protester can appeal the decision to the City Manager. (See Exhibit No. 7) Implicit in the 

201545903.1 335461177828 
Office of Chief Counsel 

Attention: FAA Part 16 Docket Clerk, A GC-600 

October 31, 2014 

Page 5 

policy, is the notion that the City would evaluate a protest on its merits and would provide the 

factual and legal basis for its decision. 

As can be readily observed from a fair reading of the City's decision on Ultimate's Protest, the 

City presented no findings of fact or conclusions of law to support it. The decision simply states 

that the Protest has been evaluated and it has been denied. Findings regarding the material 

elements of Ultimate's Protest are important to understanding the City's position. Obviously, 

had the City properly evaluated the Protest and formed findings, the City would have reached the 

inescapable conclusion that the Bid by Jordan Foster was NON-RESPONSIVE for the reasons 

set forth in Ultimate's appeal. Moreover, the City's non-substantive response amounts to a 

violation of the spirit of the City's protest procedures. 

The Purchasing Director failed, and/or refused, to respond to Ultimate's request for 

reconsideration. Instead, the City apparently awarded the contract to Jordan Foster - before 

Ultimate's appeal rights had expired. 

Ultimate submitted its appeal of the Purchasing Director's decision to the City Manager on 

September 29, 2014. In direct violation of the City's bid protest policy, the City Manager has 

not responded with a decision on Ultimate's appeal. 

Clearly, the City's violations of its bid protest procedures (along with its apparent waiver of 

Jordan Foster's bid improprieties) provide the necessary grounds for substantive review by the 

FAA under 49 CFR § 18.36(b)(12). 

PRAYER FOR RELIEF 

As a result of the foregoing, Ultimate Concrete, LLC, hereby requests that the FAA withhold its 

funding for the Project from the City. In addition, Ultimate hereby requests that the FAA direct 

the City ofEl Paso to: 

Cc: 

a) deem Jordan Foster's bid to be non-responsive and reject it on those grounds; 

b) rescind the award of the construction contract to Jordan Foster; 

c) deem Ultimate's bid responsive and determine that Ultimate's bid is the lowest, 

responsive, responsible bid received; and 

d) award the contract for the Project to Ultimate in accordance with Ultimate's bid 

pnce. 

Client 

Very truly yours, 

CLARK HILL PLC 

Q '{kirv!)J)f- JeffrfJI! Ghllant 

201545903.1 33546/177828 
Office of Chief Counsel 

Attention: FAA Part 16 Docket Clerk, AGC-600 

October 31,2014 

Page 6 

Pursuant to 14 CPR 16.13 (f) please serve Jeffrey M. Gallant at the address above with all 

documents in this proceeding. 

Pursuant to 49 CPR 16.12, I hereby certify that (1) Ultimate Concrete has made substantial and 

reasonable good faith efforts to resolve the disputed matter informally prior to filing the 

Complaint, including but not limited to filing a bid protest with the City, requesting the City 

reconsider its denial of the bid protest and filing an appeal of the denial of the bid protest to the 

City Manager; and (2) there is no reasonable prospect for the practical and timely resolution of 

this dispute. 

allant, Attorney for Ultimate Concrete 

I hereby certify that I have this day served the foregoing Complaint on the following persons at 

the following addresses by mail: 

Office of Chief Counsel 

Attention: FAA Part 16 Docket Clerk, AGC-600 

Federal Aviation Administration 

800 Independence Avenue SW. 

Washington, D.C. 20591 

and 

201545903.1 335461177828 
CLARIZHILL 

·Thorilas M, K~anen 

T 313·965·8670 · 

F ;{l?,·-309-'6sso 

Emali:·tkeranen@<:!atkhilLcom 

·september 4, 20 l 4 

Cia1k Hilt PLC 

14850 N Scottsdale ROOd 

Suite ~00 

Scotts:dam, Arizm'la· 85254 

r 480.684.1100· 

f 480.684: 1199· 

darkhil!.c.on:l 
Biuce De (:oilin~ 

Pur¢hasingf,;diWnistration, Director · 

C~ty of.ELj>;1so · S_ept~mQ6r 4 2014 

Plige2 

ARGUMENT·: 

... ·· . t,Jltirn;U~ Cojl(Jrete has stl!ndingtoassert this Protest because Ultimate J:las suln}l,ittll!i.a 

bipresppn,se/prpp9sal .. Ultimate is the second lowbid .es read, and jts bid iNespoJl!iiVe iney\)ry 

· I>nr<')gtaph:?6Jt1i~Jh.ifonnationior Bidders provides: 
B!l!ceD.Collins 

RllJ:cha~ing~dffilqistmtion, D)J;ector 

City ofEI P~so 

·september-A, 2014. 

Pagd 

A¢y(}r>ii1J.~tr,asprovided•forw1der Paragraph2 ofthe Jnfo111latio;lforl3id4er~an4the 

!lr~J1o§all'lom.<, J§ri.I~J.' oster (fon.st.ruction' s .bid should be deemed non~responsive,andshotild 

n.pt•Qt; consig.er()(iind\Otel'mininf$Jhe lowest• responsible bidder. • Ultimate 'sbidis •• ~ntirely ..•...•. 

··responsive; a)1d sitJc~lJltirnate}s. t!lt; second low.hid, the contract for cortstructimi of(heJ'roj¢t. 

·•sho~d·)JeawardedtQ UltimateCon¢rete,. as the lowest •. responsive,· responsible bidder; 

··•·•l>RAYEREORRELIEF 

//"~k~~~it;.f~ef6r&g~i~g,Ulthn1!teConcrete, LLC,·requests.tfiatthe·Cityof·EI.Paso··•·•· 

dO())'itJor~wo'J'lq!\~et's bi<l t<.lbe nqn-r(lsponsiye .and notconsid0r·it·when dctenninini( t!le l<.J\Ye~t .. ·. 

~espopsi~lebiddijc ;tJltimateft!rt!ler regu.e~t$tha(its hi~, .\"hich isresp0nsi7e in eyer~ respect, be 

a~q~ted;;nf! thfliP1~«ontract for GOnstruction of the Project be awardi;<l to Ultimate Con.c{yte; LLC. . . .. . . . . 

R(lsjlectfj1lly Submitted, 

. CLARKHILLPLC 

c:::~/4. ...... \...... ~,.....,·· ~· 

Tho~~s NI,l(~ran¢f1 

·. 

o·/\l?.Kt-inJ 
26R, AND NEW PARALLEL TAXIWAY 

4 

CITY OF EL PASO 

BID TABULATION FORM 

JORDAN FOSTER 

CONSTAUCnON, LLC. 

ELPASO, TX 

BIDDER (1 OF 3) 

 NEW PARALLEL TAXIWAY) 

UNIT BRIEF DESCRIPTION OF ITEM UNIT PRICE TOTAL 

LS Contractor Quality Control $300,000,00 $300,000.00 

LEFT BLANK lNTENTIONALL Y 

LF Saw Cut Asphalt Concrete Pavement (Full $11.00 $1,760.00 Depth) 

SY Asphalt Concrete Pavement Removal by $1.15 $81,650.00 Milling (Full Depth) 

SY Miscellaneous Asphalt Concrete Millings $1.10 $48,972.00 Removal (Full Depth) 

LS Demolish Existing Building $8,500.00 $8,500.00 

AC Clearing and Grubbing $1.050.00 $82,624.50 

CY Unclassified Excavation- Hauled Off-Slte $9.20 $4,286,804.40 

CY U,nclassified Excavation- Placed in $4.00 $1,033,028.00 Embankment 

LS Storm Water Pollution Prevention Plan $65,000.00 $65,000.00 

SY Aggregate Base Course, 6" Depth $U5 $134,282.50 

SY Crushed Aggregate Base Course, 4" Depth $3.35 $338,249.50 

Ton Plant Mix Bituminous Pavement (3" Shoulder $48.00 $221,280.00 Surface Course) 

El'.J'.iJsO tl.U.Y .. 'HI I.' 

-2010 

BID NO: 2014-523 

DEPARTMENT: EL PASO INTERNATIONAL AIRPORT 

ULTIMATE CONCRETE, LLC. SUNDT CONSTRUCTION, INC. 

ELPASO, TX TEMPE, /JZ 

BIDDER (2 OF 3) BIDDER (3 OF 3) 

UNIT PRICE TOTAL UNIT PRICE TOTAL 

$1 00,000.00 $100,000,00 $150,000.00 $150,000.00 

. 

$5.00 $800.00 $2.00 $320.00 

$2.00 $142,000.00 $4.00 $284,000.00 

$2.00 $89,040.00 $4.00 $178,080.00 

$25,000.00 $25,000.00 $10,000.00 $10,000.00 

$800.00 $62.952.00 $4,000.00 $314,760.00 

$8.00 $3,727,656.00 $13.00 $6,057,441.00 

$7.00 $1,807,799.00 $12.00 $3,099,084.00 

$10,000.00 $10,000.00 $3,000.00 $3,000.00' 

$8.25 $233,227.50 $6.00 $169,620.00j 

' 

$7.00 $706,790.00 $4.00 $403,880.00! 

$58.00 $267,380.00 $40.00 $184.400.00! 

523 EPIA RECONSTRUCT RUNWAY 8L- 26R. T/lXIWAY 'U' & 'V' AND CONSTRUCT NEW PARALLEL TAXIWAY & CONNECTORS.xls Page 1 of 17 
 26R, AND NEW PARALLEL TAXIWAY BID NO: 2014·523 

4 

DEPARTMENT: EL PASO INTERNATIONAL AIRPORT 

JORDAN FOSTER ULTIMATE CONCRETE, LLC. SUNDT CONSTRUCTION, INC. 

CONSTRUCTION, LLC. ELPASO, TX TEMPE, AZ. 

EL PASO, TX 

BIDDER (1 OF 3) BIDDER {2 OF 3) BIDDER (3 OF 3) 

UNIT BRIEF DESCRIPTION OF ITEM UNIT PRICE TOTAL UNIT PRICE TOTAL UNIT PRICE TOTAL 

Ton 

PG 64·22 Asphai1 Cement for Shoulder $590.00 $147,500.00 $685.00 $i 71 ,250.00 $505.00 $126,250.00 

Surface Course 

SY Portland Cement Concrete Pavement. 6" $29.50 $2,736,715.00 $38.00 $3,525,260.00 $40.00 $3,710,800.00 .· .. 

GAL Bituminous Tack Coat $50.00 $600.00 $5.00 $60.00 $4.00 $48.00 

LF Preformed Sealer, 1/2-inch Joint $3.00 $366,540.00 $3.50 $427,630.00 $3.00 $366,540.00 

LF Preformed Sealer, 1-inch Joint $7.00 $7,280.00 $7.00 $7,280.00 $7.00 $7,280.00 

LF PCC/Asphalt Joint Edge Seal $2.20 $54,'164.00 $3.00 $73,860.00 $2.00 $49,240.00 

SY Concrete Pavement Saw Cut Grooving $2.00 $94,416.00 $3.00 $141,624.00 $3.00 $141,624.00 {Runway) 

EA Inlets with Grate, Frame & Concrete Apron $7,800.00 $7,800.00 $10,500.00 $10,500.00 $"15,000.00 $15,000.00 

SY Structural Concrete (Concrete Pad) $59.00 $41,300.00 $496.00 $347,200.00 $58.00 $40,600.00 

EA Sumps $19,000.00 $3a,ooo.o·o $9,600.00 $19,200.00 $13,000.00 $26,000.00: 

Bank Stabilization wlth Geotextile Fabric $33,810.00 

. 

SY {Loose Rock Rip Rap) $42.00 $42.00 $33,810.00 $41.00 $33,005.00 _, 

SY Subgrade Soil-Cement Stabilization $3.00 $33,480.00 $16.00 $178,560.00 $5.00 0! $55,800.001 

Ton Cement $180.00 $45,000.00 $195.00 $48,750.00 $140.00 $35,000.001 

4-523 EPIA RECONSTRUCT RUNWAY BL- 26R, TAXIWAY 'U' & 'V' AND CONSTRUCT NEW PARALLEL TAXIWAY & CONNECTORS.xls Page 2 of 17 
6R, AND NEW PARALLEL TAXIWAY BID NO: 2014..523 

4 

DEPARTMENT: EL PASO INTERNATIONAL AIRPORT 

JORDAN FOSTER ULTIMATE CONCRETE, LLC. SUNDT CONSTRUCTION, INC. 

CONSTRUCTION, LLC. ELPASO, TX TEMPE, Al. 

ELPASO, TX 

BIDDER (1 OF 3) BIDDER (2 OF 3) BIDDER (3 OF 3) 

NIT BRIEF DESCRIPTION OF ITEM UNITPRfCE TOTAL UNIT PRICE TOTAL UNIT PRICE TOTAL 

SY RA_P Millings, 2" Depth $1.50 "$74,250.00 $3.00 $148,500.00 $6.00 $297,000.00 

SY RAP Millings, 4" Depth $1.60 $10.304.00 $4.00 $25,760.00 $8.00 $51,520.00 

SY RAP Millings, 9'' Depth $2.00 $53,980.00 $5.00 $134,950.00 $16.00 $431,840.00 

SF Concrete Utility Cap, 16" Depth $42.00 $651,000.00 $9.00 $139,500.00 $40.00 $620,000.00 

LS Demolition and Salvage $100,000.00 $i00,000.00 $40,000.00 $40,000.00 $40,000.00 $40,000.00 

EA New 4kW Regulator, Installed $i 1,700,00 $23,400.00 $10,644.00 $21,288.00 $12,000.00 $24,000.00 

LS ALCMS Modilications (Allowance) $14,100.00 $14.100.00 $12,834.00 $12,834,00 $12,000.00 $12,000.00 

LS ALCMS Modifications (Contractor Support) $5,000.00 $5,000.00 $4,438.00 $4,438.00 $3,000.00 $3,000.00 

LF Temporary Jumper, L-824, Type C, 1/C #8, 5 $2.00 $4,000.00 $1.61 $3,220.00 $1.00 $2,000.00 kV Cable In Conduit 

LF Temporary, Surlace Mounted Single-way 2" $6.00 $6,000.00 $5.36 $5,360.00 $9.00 $9,000.00 Conduit 

EA Install new L-806(L) Wind Cone Wlth new L- $5,700.00 $11,400.00 $5,191.00 $10,382.00 $5,000.00 $10,000.00 

810 obstruction light 

LF L-824. Type C, 1/C #8, 5 kV Cable $1.45 $89,610.00 $1.30 $80,340.00 $1.00 $61,800.00 ' 

Bare, 1/C #6, Counterpoise, installed in $1.75 $61,075.00 $69,800.001 

LF Trench including Ground Rods 

$1.59 $55,491".00 $2.00 

-523 EPIA RECONSTRUCT RUNWAY 8L- 26R, TPXIWAY 'U' & 'V' AND CONSTRUCT NEW PARALLEL TAXIWAY & CONNECTORS.xls Page 3 of 17 
26R, AND NEW PARALLEL TAXIWAY BID NO: 2014-523 

4 

DEPARTMENT: EL PASO INTERNATIONAL AIRPORT 

JORDAN FOSTER ULTIMATE CONCRETE, LLC. SUNDT CONSTRUCTION, INC. 

CONSTRUCTION, LLC. EL PASO, TX TEMPE,AZ 

EL P,ASO, TX 

BIDDER (1 OF 3) BIDDER (2 OF 3) BIDDER (3 OF 3) 

UNIT BRIEF DESCRIPTION OF ITEM UNIT PRICE TOTAL UNIT PRICE TOTAL UNIT PRICE TOTAL 

LF Bare, 1/C#1JO, Guard Wire (FAA) $5.20 $89,960.00 $4.72 $81.656.00 $3.00 S51 ,9oo.oo 

LF Single-way Two-inch Conduit, Direct Buried $9.30 $234,360.00 $8.50 $21"4,200.00 $9.00 $226,800.00 

LF Multiple-way Two T we-inch Conduist, Direct $14.75 $81,125.00 $13.39 $73,645.00 $16.00 $88,000.00 Buried 

LF Multiple-way Four Two-inch Conduist, Direct $23,00 $46,000.00 $21.58 $43,160.00 $20.00 $40,000.00 Buried 

LF Single-way Two-inch Conduit, Concrete $14.00 $9,800.00 $13.05 $9,135.00 $18.00 $12,600.00 Encased 

LF Multiple-way Four Two-inch Conduist, $23.00 $36,800.00 $20.93 $33,488.00 $23.00 $36,800.00 Concrete Encased 

LF Multiple-way Two Four-inch Conduits, $39.00 $327,600.00 $35.68 $299,712.00 $27.00 $226,800,00 Concrete Encased (FAA) 

LF Multiple-way Four Four-inch Conduits, $50.00 $355,000,00 $46.40 $329,440.00 $40.00 $284,000.00 Concrete Encased (FAA) 

LF Muliiple-way Two Four-inch. Conduits, $43.00 $64,500.00 $39.76 $59,640.00 $27.00 $40,500.00 Concrete Encased (E_PE) 

EA 

New Concrete Handhole, Furnished & $8,400.00 $201,600.00 $7,700.00 $184,800.00 $8,400.00 $201,600.00 Installed 

EA 

New Concrete Hai'ldhole, (FAA), Furnished & $8,400.00 $361 ,200.00 $7,700.00 $331,100.00 $8,400.00 $361,200.00 Installed 

New Concrete Hand hole, (EPE), Furnished & 

• 

EA Installed $8,400.00 $33,600.00 $7,700.00 $30,800.00 $8,400.00 $33,600.001 

.. 

LF RTR FAA Comm Cables $11.00 $30,800.00 $9.50 $26,600.00 $15.00 $42,000.001 

-

4-523 EPIA RECONSTRUCT RUNWAY 8L- 26R, TAXIWAY 'U' & 'V' AND CONSTRUCT NEW PARALLEL TAXIWAY & CONNECTORS. xis Page 4 of i7 
26R, AND NEW PARALLEL TAXIWAY BID NO: 2014-523 

14 DEPARTMENT: EL PASO INTERNATIONAL AIRPORT JORDAN FOSTER ULTIMATE CONCRETE, LLC. SUNDT CONSTRUCTION, INC. 

CONSTRUCTION, LLC. EL PASO, TX TEMPE,AZ 

ELPASO, TX. 

BIDDER (1 OF 3) BIDDER (2 OF 3) BIDDER (3 OF 3) 

UNIT BRIEF DESCRIPTION OF ITEM UNIT PRICE TOTAL UNIT PRICE TOTAL UNIT PRICE TOTAL 

LF ASR FAA Comm Cables $44.00 $303,800.00 $40.00 $276,000.00 $37.00 S2$5,300.00 

LF !LS FAA Comm Gables $9.00 $39,600.00 $8.00 $35,200.00 $8.00 $35,200.00 

LF New 26R NAV Feeders $11.00 $20,900.00 $9.46 $17,974.00 $7.00 $13,300.00 

LF New 26R PAPI.Feeder $38.00 $7,600.00 $33.94 $6,788.00 $7.00 $1,400.00 

LF New 26R REIL Feeder $8.50 $13,600.00 $7.64 $12,224.00 $7.00 $11,200.00 

LF New BL NAV Feeders $10.75 $12,900.00 $9.75 $11,700.00 $7.00 . $8,400.00 

' 

LF New 8L PAPI Feeder $38.00 $7,000.00 $34.00 $6,800.00 $7.00 $1 ,400.00! 

LF New BL REIL Feeder $10.00 $12,000.00 $9.14 $10,968.00 $7.00 $8,400.ooj 

. 

LF New ASR Power Feeder $16.00 $49,600.00 $14.56 $45,136.00 $15.00 $46,50o.ooj I 

EA New Size 2, 1-Module LED Guidance Sign, $2,350.00 $2,350.00 $2,143.00 $2,143.00 $2,000.00 $2,000.00 Installed on Foundation 

EA New Size 2, 2-Module LED Guidance Sign, $3,400.00 $27,200.00 $3,099.00 $24,792.00 $2,800.00 $22,400.00 Installed on Foundation 

EA New Size 1, 2-Module LEO Guidance Sign, $3,050.00 $6,100.00 $2,767.00 $5,534.00 $2,500.00 $5,000.00 Installed on Foundation 

EA New Size 2, 3-Module LED Guidance Sign, $4,700.00 $51,700.00 $4,326.00 $47,586.00 $4,100.00 $45,100.00 Installed on Foundation 

-

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-

.. 

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-523 EPIA RECONSTRUCT RUNWAY 8L- 26R. TAXIWAY 'U' & 'V' AND CONSTRUCT NEW PARALLEL TAXIWAY & CONNECTORS.xls Page 5 of 17 
 26R, AND NEW PARALLEL TAXIWAY BID NO: 2014-5.?3 

14 

DEPARTMENT: EL PASO INTERNATIONAL AIRPORT 

JORDAN FOSTER ULTIMATE CONCRETE; LLC. SUNDT CONSTRUCTION, INC. 

CONSTRUCTION, LLC. El PASO, TX TEMPE, AZ 

ELP.ASO, TX 

BIDDER (1 OF 3) BIDDER (2 OF 3) BIDDER (3 OF 3) 

UNIT BRIEF DESCRIPTION OF ITEM UNIT PRICE TOTAL UNIT PRICE TOTAL UNIT PRICE TOTAL 

EA New Size 2, 4-MOdule LED Guidance Sign, $5,800,00 $23,200.00 $5,257.00 $21,028.00 $5,000.00 $20,000.00 Installed on Foundation (Revocable) 

EA New Size 1, 4-Modu!e LED Guidance Sign, $5,000.00 $25,000.00 $4,568.00 $22:,840.00 $4,100.00 $20,500.00 Installed on Foundation 

EA New Size 5, LED RDR Sign, Installed on $2,300.00 $9,200.00 $2,120.00 $8,480.00 $2,100.00 $8,400.00 Foundation 

EA Concrete Foundation fori-Module Sign $1,000.00 $1,000.00 $905.00 $905.00 $1 ,000.00 $1 ,000.00 

EA Concrete Foundation for 2-Module Sign $1 ,500.00 $.15,000.00 $1 ,355.00 $13,550.00 $1 ,800.00 $18,000.00 

' 

EA Concrete Foundation ior 3-Module Sign $1,600.00 $17,600.00 $1,500.00 $16,500.00 $2,000.00 $22,000.00 

EA Concrete Foundation for 4-Module Sign $2,100.00 $10,500.00 $1 ,850.00 $9,250.00 $2,000.00 $10,000.001 

EA Concrete Foundation for RDR Sign $670.00 $2,680.00 $605.00 $2,420.00 $1,800.00 $7,200.001 

EA New L-861 (L) Runway Edge Light with New $670,00 $34,840.00 $605.00 $31,460.00 $600.00 $31,200.00 Isolation Transformer on New Base 

EA New L-861 E(L) Runway Threshold/End Light $770.00 $'12,320.00 $700.00 $11 ,200.00 $600.00 $9,600.00 with New !solation Transformer on New Base 

New l-861 T(l) LED Taxiway Edge Light with 

EA New !solation Transformer on New or $440.00 $61,600.00 $400.00 $56,000.00 $300.00 $42,000.00 

Existing Base 

EA Spare L-861T(L) LED Taxiway Edge Light $230.00 $4,600.00 $210.00 $4,200.00 $260.00 $5,200.00 

with New !solation Translormer 

EA Size "B" L-867 Base Can for Any Fixture in $660,00 $138,600.00 $600.00 $i26,000.00 $680.00 $142,800.00 New Asphalt Shoulder 

--- -~ .. 

-

4-523 EPIA RECONSTRUCT RUNWAY 8L- 26R, TAXIWAY 'U' & 'V' AND CONSTRUCT NEW PARALLEL TAXIWAY & CONNECTORS.xls Page 6 of i7 
26R, AND NEW PARALLEL TAXIWAY BID NO: 2014w523 

14 DEPARTMENT: EL PASO INTERNATIONAL AIRPORT JORDAN FOSTER ULTIMATE CONCRETE, LLC. SUNDT CONSTRUCTION, INC. 

CONSTRUCTION, LLC. ELPASO, TX TEMPE,AZ 

EL.PASO, TX 

BIDDER 1 OF3) BIDDER (2 OF 3) BIDDER (3 OF 3) 

UNIT BRIEF DESCFl:IPTlON OF ITEM UNIT PRICE TOTAL UNITPFIICE TOTAL UNIT PRICE TOTAL 

EA PAPI Facility, Complete (Installation Only) $21,000.00 $42,000.00 $19,000.00 $38,000.00 $30,000.00 $60,000.00 '• 

EA REIL Facili.ty, Complete (Installation Only) $14,300.00 $28,600.00 $13,000.00 $26,000.00 $11,000.00 $22,000.00 

LS lLS Splice Cabinet $4,500.00 $4,500.00 $4,100.00 $4.100.00 $6,000.00 $6,000.00 

LS 

RTR Power and Communication $3,300.00 $3,300.00 $3,000.00 $3,000.00 $7,000.00 $7,000.00 Connections 

ASR Power and Communication 

. 

$i 0,500.001 

LS Connections $4,400.00 $4,400.00 $4,000.00 $4,000.00 $10,500.00 

3) $14,178,909.90 $15,458,845.50 $19,638,532.00 

P·1 01.4.1) $690,000.00 $765,000 .oo $880,000.00 

!) 

LIZATION $14.868,909.90 $16,223,845.50 $20,518,532.00 

D WARRANTY FOR 4 ADDITIONAL YEA:1S FOR BASE BID 1 

I $75,000.00 I $100,000.00 I $20,694,532.00 

·523 EPIA RECONSTRUCT RUNWAY BL · 26R, TAXIWAY 'U' & 'V' AND CONSTRUCT NEW PARALLEL TAXIWAY & CONNECTORS.xls Page 7 of 17 
26R, AND NEW PARALLEL TAXIWAY BID NO: 2014-523 

14 

DEPARTMENT: EL PASO INTERNATIONAL AIRPORT 

JORDAN FOSTER ULTIMATE CONCRETE, LLC. SUNDT CONSTRUCTION, INC. 

CONSTRUCTION, LLC. ELPASO, TX TEMPE, /JZ 

ELPASD, TX 

BIDDER (1 OF 3) BIDDER (2 OF 3) BIDDER (3 OF 3) 

UNIT BRIEF DESCRIPTION OF ITEM UNiT PRICE TOTAL UNIT PRICE TOTA)- UNITPAICE . TOTAL 

' 

LS Contractor Quality Control $6,000.00 $6,000.00 $15,000.00 $15,000.00 $10,000.00 $10,000.00! 

LEFT BLANK !NTENT!ONALL Y 

LF Saw Cut Asp!1alt Concrete Pavement (Full $11.00 $770.00 $5.00 $350.00 $9.00 $630.00 Depth) . 

LF Saw Cut Asphalt Concrete Pavement (Partial $1,440.00 

Depth) $9.00 $4.00 $640,00 $9.00 $1 ,440.00 I 

SY Asphalt Concrete Pavement Removal by $1.15 $24,886.00 $2.00' $43,280.00 $4.00 $86,560.00! Mllllng (FUll Depth) 

SY Miscellaneous AsphaH Concrete Millings $1.00 $10,660.00 $2.00 $21,320.00 $4.00 $42,640,001 Removal (Full Depth) 

LF Remove Existing Storm Drain Pipe $16.00 $4,944.00 $23.00 $7,107.00 $20.00 $6,180.00 

EA Remove Existing Catch Basin or Manhole $1,000.00 $1,000.00 $500.00 $500.00 $300.00 $300.00 

AC Clearing and Grubbing $1,040.00 $5,969.60 $800.00 $4,592,00 $4,000.00 $22,960.00 . 

CY Unclassified Excavation- Hauled Off-Site $9.00 $84,510.00 $8.00 $75,120.00 $8.00 $75,120.00 . 

CY Unclassified Excavation- Placed In $6.00 $36,060.00 $7.00 $42,070.00 $8.00 $48,080.00 Embankment 

LS Storm Water Pollution Prevention Pian $i4,000.00 $14,000.00 $i ,000.00 $1,000.00 $400,00 $400.00 

SY Aggregate Base Course, 6" Depth $5.00 $28,050.00 $8.25 $46,282.50 $5.00 $28,050,00 

- --L___ 

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4·523 EPIA RECONSTRUCT RUNWAY 8L- 26R, TAXIWAY 'U' & 'V' AND CONSTRUCT NEW PARALLEL TAXIWAY & CONNECTORS.xls Page 8 of 17 
26R, AND NEW PARALLEL TAXIWAY BID NO: 2014·523 

14 

DEPARTMENT: EL PASO INTERNATIONAL AIRPORT 

JORDAN FOSTER ULTIMATE CONCRETE, LLC. SUNDT CONSTRUCTION, INC. 

CONSTRUCTION, LLC. ELPASO, TX TEMPE, IU. 

EL PASO, TX 

BIDDER (1 OF 3) BIDDER 2 OF 3) BIDDER (3 OF 3) 

UNIT BRIEF DESCRIPTION OF ITEM UNIT PRICE TOTAL UNIT PRICE ' TOTAL UNIT PRICE TOTAL 

SY Crushed Aggregate Base Course, 4" Depth $4.00 $63,920.00 $7.00 $111,860.00 $4.00 $63,920.00 

Too Plant Mix Bituminous Pavement (3" Shoulder $48.00 $58,560.00 $58.00 $70,760.00 $40.00 $48,800.00 Surface Course) 

Too 

PG 64-22 Asphalt Cement for Shoulder $590.00 $41,300.00 $685.00 $47,950.00 $500.00 $35,000.00 

Surface Course 

SY Portland Cement Concrete Pavement, 6" $32.00 $457,600.00 $38.00 $543,400.00 $26.00 $371,800.00 

.GAL Bituminous Tack Coat $11.00 $66.00 $5.00 $30.00 $4.00 $24.00 

LF Preformed Sealer, 1/2-inch Joint $3.00 $54,120,00 $3.50 . $63,140.00 $3.00 $54,120.00 

LF Pretormed Sealer, 1-inch Joint $7.00 $630.00 $7.00 $630.00 $7.00 $630.00 

LF PCC!Asphalt Joint Edge Seal $3.00 $15,150.00 $3.00 $15,150.00 $2.00 $10,100.00 

LF 24" Reinforced· Concrete Pipe $96.00 $36,672.00 $125.00 $47,750.00 $90.00 $34,380.00 

EA Inlets wllh Grate, Frame & Concrete Apron $7,800.00 $7,800.00 $10,500.00 $10,500.00 $13,000.00 $13,000.00 I 

SY Structural Concrete (Concrete Pad) $59.00 

! 

$16,520.00 $496.00 $133,880.00 $114.00 $31,920.00 

. 

EA Outlet Structure $7,700.00 $7,700.00 $4,000.00 $4,000.00 $13,000.00 $13,000.00 

SY Bank Stabilization with Geotextile Fabric $42.00 $32,340,00 $42.00 $32,340.00 $33.00 $25,410.00 (Loose Rock Rip Rap) 

4-523 EPIA RECONSTRUCT RUNWAY 8L- 26R, TAXIWAY 'U' & 'V' AND CONSTRUCT NEW PARALLEL TAXIWAY & CONNECTORS.xls Page 9 of 17 
26R, AND NEW PARALLEL TAXIWAY BID NO: 2014-523 

4 DEPARTMENT: EL PASO INTERNATIONAL AIRPORT JORDAN FOSTER ULTIMATE CONCRETE, LLC. SUNDT CONSTRUCTION, INC. 

CONSTRUCTION, LLC. EL PASO, TX TEMPE, AZ 

EL PASO, TX 

BIDDER (1 OF 3) BIDDER (2 OF 3) BIDDER (3 OF 3) 

UNIT BRIEF DESCRIPTION OF ITEM UNIT PRICE TOTAL UNIT PRICE TOTAL UNtTPRICE TOTAL 

. 

SY RAP Millings, 2" Depth $2.00 $21,520.00 $3.00 $32,280.00 $5.00 $53,800,00 

SY RAP Millings, 9'' Depth $3.00 $16,590.00 $4.00 $22,120.00 $15.00 $B2.s5o.a·o 

LS Demolition and Salvage $5,500.00 $5,500.00 $5,000.00 $5,000.00 $15,000.00 S15,ooo.oo 

LF Temporary Jumper, L-824, Type C, 1/C #8, 5 $1.75 $1,750.00 $1.61 $1,610.00 $2.00 $2,000,00 kV Cable In Conduit 

LF Temporary, Surlace Mounted Singl~-way 2" Conduit $5.00 $2,500.00 $5.36 $2,680.00 $9.00 $4,500.00 . 

LF L-824. Type C, 1/C #8. 5 kV Cable $1.00 $6,200.00 $1.30 $8,060.00 $1.00 $6,200.00 

LF · Bare, 1/C #6, Counterpoise, installed in $1.50 $9,150.00 $1.59 $9,699.00 $2.00 $12,200.00 Trench including Ground Rods 

LF Single-way Two-inch Conduit, Direct Buried $8.00 $48,000.00 $8.00 $48,000.00 $9.00 $54,000.00 

LF Multiple-way Four Two-inch Conduist, $23.14 $4,628.00 $21.00 $4,200.00 $24.00 $4,800.00 Concrete Encased 

EA New Concrete Handhole, Furnished & $8,800.00 $17,600.00 $8,000.00 $16,000.00 . $8,500.00 $17,000.00 Installed 

EA New Size 3, 4-Module LED Guidance Sign, $2,250.00 $4,500.00 $2,050.00 $4,100.00 $5,000.00 $10,000.00 Installed on Foundation 

EA Concrete Foundation for 4-Module Sig"n $1,650,00 $3,300.00 $1,500.00 $3,000.00 $2,000.00 $4,000.00i 

. 

New·L·861T{L) LED Taxiway Edge Light wlth $15,300.001 

EA New !solation T rans1ormer on New or $550.00 $28,050.00 $500.00 $25,500.00 $300.00 

Existinq Base 

. 

523 EPIA RECONSTRUCT RUNWAY 8L · 26R. TAXIWAY 'U' & 'V' AND CONSTRUCT NEW PARALLEL TAXIWAY & CONNECTORS.xls PageiO of 17 
• 26R, AND NEW PARALLEL TAXIWAY BID NO: 2014-523 

014 DEPARTMENT: EL PASO INTERNATIONAL AIRPORT 

JORDAN FOSTER ULTIMATE CONCRETE, LLC. SUNDT CON~TRUCTION, INC. 

CONSTRUCTION, LLC. EL PASO, TX TEMPE, KZ 

ELPASO, TX 

BIDDER (1 OF 3) BIDDER (2 OF 3) BIDDER (3 OF 3) 

UNIT BRIEF DESCRIPTION OF ITEM UNIT PRICE TOTAL UNIT PRICE TOTAL UNIT PRICE TOTAL 

EA Spare L-86H\L} LED Taxiway Edge Light $240.00 $1.200,00 $221.00 $1,105.00 $250.00 $1,250.00 wlth New Isolation Transformer 

EA Size "B" L :867 Base Can for Any Fixture in $770.00 $39,270.00 $700.00 $35,700.00 $600.00 $30,600.00 New Asphalt Shoulder 

(ITEMS 1-41) $1 ,220,425.60 $1,562,705.50 $1,338,064.00 

P-101.4.1) $55,000.00 $77,000.00 $0.00 

 

ZATION $1,275,425.60 $1,639.705.50 $1,338,064.00 

D WARRANTY FOR 4 ADDITIONAL YEARS FOR OPTION 1 . 

I $15,000.00 I $50,000.00 I $1 ,355,064.00 

-523 EPIA RECONSTRUCT RUNWAY BL- 26R, TAXIWAY 'U' & 'V' AND CONSTRUCT NEW PARALLEL TAXIWAY & CONNECTORS.xls Page11 of17 
 26R, AND NEW PARALLEL TAXIWAY BID NO: 2014-523 

14 

DEPARTMENT: El PASO INTERNATIONAL AIRPORT 

JORDAN FOSTER ULTIMATE CONCRETE, LLC. SUNDT CONSTRUCTION, INC. 

CONSTRUCTION, LLC. EL PASO, TX TEMPE,AZ 

. EL PASO, TX 

BIDDER (1 OF 3) BIDDER (2 OF 3) BIDDER (3 OF 3) 

UNIT BRIEF DESCRIPTION OF ITEM UNIT PRICE TOTAL UNIT PRICE TOTAL UNIT PRICE TOTAL 

LS Contractor Qua~ty Control $5,000.00 $5,000.00 $10,000.00. $10,000.00 $10,000.00 $10,000.00 

LEFT BLANK INTENTIONALL '( 

···. 

LF Saw Cut Asphalt Concrete Pavement (Full $11.00 $770.00 $5.00 $350.00 $9.00 $630.00 Depth) 

LF Saw Cut Asphalt Conc1·ete Pavement (Partial $9.00 $1,170.00 $4.00 $520.00 $9.00 $1,170.00 Depth) 

SY Asphalt Concrete Pavement Removal by $2..00 $26,460.00 $200 $26,460.00 $4.00 $52,920.00, Milling (Full Depth) 

SY Miscellaneous Asphalt Concrete Mil_lings $2.00 $12,680.00 $2.00 $12,680.00 $4.00 $25,360.001 Removal (Full Depth) 

AC Clearing and Grubbing $1,040.00 $i ,040.00 $800.00 $800.00 $4,000.00 $4,000.00 

LF Remove Existing Storm Drain Pipe $15.00 $4,995.00 $23.00 $7,659.00 $21.00 $6,993.001 

! 

EA Remove Existing Catch Basin .or Manhole $1,000.00 $1.000.00 $500.00 $500.00 $300.00 $300,00; 

CY Unclassified Excavation- Hauled Off-Site $9.00 $22,050.00 $8.00 $19,600.00 $8.00 $19,600.00 

CY Unclassified Excavation- Placed in $5.00 $19,950.00 $7.00 $27,930.00 $8.00 $31,920.00 Embanknient 

LS Storm Water Pollution Prevention Plan $'1 1,000.00 $11 ,000.00 $1,000.00 $1,000.00 $200.00 $200.00 

SY Aggregate Base Course, 6" Depth $5.00 $16,050.00 $8.25 $26,482.50 $5.00 $16,050.00 

-

4-523.EPIA RECONSTRUCT RUNWAY SL- 26R. TAXIWAY 'U' & 'V' AND CONSTRUCT NEW PARALLEL TAXIWAY & CONNECTORS. xis Page12of17 
26A, AND NEW PARALLEL TAXIWAY BID NO: 2014-523 

4 DEPARTMENT: EL PASO INTERNATIONAL AIRPORT JORDAN FOSTER ULTIMATE CONCRETE, LLC. SUNDT CONSTRUCTIOfl, INC. 

CONSTRUCTION, LLC. EL PASO, TX TEMPE, P2 

EL;PASO, TX 

BIDDER (3 OF 3) BIDDER (1 OF 3) BIDDER 20F 3) 

UNIT BRIEF DESCRIPTION OF ITEM ·UNIT PRICE ·TOTAL UNIT PRICE TOTAL UNIT PRICE TOTAL 

SY Crushed Aggregate Base t::;ourse, 4" Depth $4.00 $38,680.00 $7.00 $67,690.00 $4.00 $38,680,00 

Too Plant Mix Bituminous Pavemen"t (3" Shoulder $48.00 $24,960.00 

. 

$58.00 $40.00 $20,800.00 

Surface Course) $30,160.00 

Too PG 64-22 Asphalt Cement for Shoulder $590.00 $17,700.00 $685.00 $20,550.00 $4.00 $120.00 Surface Course 

SY Portland Cement Concrete Pavement, 6" $32.00 $277,760.00 $38.00 $329,840.00 $25.00 $217,000.00 

GAL Bituminous Tack Coat $50.00 $300.00 $5.00 $30.00 $4.00 $24.00 

LF Preformed Sealer, 1/2-inch Joint $3.00 $33,150.00 $3.50 $38,676.00 $3.00 $33,160.00 

LF Preiormed Sealer, 1-inch Joint $7.00 $1,120.00 $7.00 $1,120.00 $7.00 $1,120.00 

LF PCC/Asphalt Joint Edge Seal $2.00 $5,940.00 $3.00 $8,910.00 $2.00 $5,940.00 

LF 36" Reinforced Concrete Pipe $145.00 $33,640.00 $145.00 $33,640.00 $130,00 $30,160.00 

EA Outlet Structure $7,600.00 $7,600.00 $4,000.00 $4,000.00 $15,000.00 $15,000.00 

SY Bank Stabilization with Geotextl!e Fabric $42.00 $30,576.00 $42.00 $30,576 .. 00 $34;00 $24,752.00 

(Loose Rock Alp Rap) . 

SY RAP Millings, 9" Depth $2.00 $6,420.00 $4.00 $12,8~0.00 $15.00 $48,150.001 

'-

. 

. 

LS Demolition and Salvage $5,500.00 $5,500.00 $5,000,00 $5,000.00 $2,900.00 $2,900.00 

523 EPIA RECONSTRUCT RUNWAY 8L- 26R, TAXIWAY 'U' & 'V' AND CONSTRUCT NEW PARALLEL TAXIWAY & CONNECTORS. xis Pagel3of17 
26R, AND NEW PARALLEL TA_XIWAY BID NO: 2014-523 

14 DEPARTMENT: EL PASO INTERNATIONAL AIRPORT 

JORDAN FOSTER ULTIMATE CONCRETE, LLC. SUNDT CONSTRUCTION, INC. 

CONSTRUCTION, LLC. ELPASO, TX TEMPE,AZ 

' EL PASO, TX 

BIDDER (1 OF 3) BIDDER (2 OF 3) BIDDER (3 OF 3) 

UNIT BRIEF DESCRIPTION OF ITEM UNIT PRICE TOTAL UNIT PRICE TOTAL UNIT PRICE TOTAL 

I 

LF Temporary Jumper, L-824, Type C, 1/C #8, 5 $1.75 $1 ,750.00 $1.61 $1,610.00 $1.00 $1,000.001 kV Cable fn Conduit 

LF Temporary, Surface Mounted Single-way 2" $6.00 $3,000.00 $5.36 $2,680.00 $9.00 "$4,500.00 Conduit 

. 

LF L-824, Type C, 1/C #8, 5 kV Cable $1.50 $6,750.00 $1.30 $5,850.00 $1.00 $4,500.00 

LF Bare, 1/C #6, Counterpoise, installed in $1.75 $5,600.00 $1.60 $5,120.00 $2.00 $6,400.00 Trenc_h including Ground Rods 

LF Single-way Two-inch Conduit, Direct Buried $9.00 $29,700.00 $8.00 $26,400.00 $9.00 $29,700.00 

EA New Concrete Handhole, Furnished & $8,800.00 $17,600.00 $8,000.00 $16,000.00 $8,500.00 $17,000.00 Installed 

EA New Size 3, 4-Module LED Guidance Sign, $6,600.00 $13,200.00 $6,000.00 $12,000.00 $5,200.00 $10,400.00 Installed on Fou"nctation 

EA Concrete Foundation lor 4-Module Sign $1,650.00 $3,300.00 $1,500.00 $3,000.00 $2,000.00 $4,000.00 

New L-861 T(L) LED Taxiway Edge Light with 

EA New Isolation ·Transformer on New or $550.00 $8,800.00 $500.00 $8,000.00 $300.00 $4,800.00 

ExistinQ Base 

. 

EA Spare L-86iT(l) LED Taxiway Edge light $240.00 $2,400.00 $221.00 $2,210.00 $260.00 $2,600.00 with New Isolation Transformer 

EA Size "B" L-867 Base Can for Any Fixture in $770.00 $12,320.00 $700.00 $11,200.00 $600.00 $9,600.00 New Asphalt Shoulder 

-523 EPIA RECONSTRUCT RUNWAY BL • 26R, TAXIWAY 'U' & 'V' AND CONSTRUCT NEW PARALLEL TAXIWAY & CONNEGTORS.xls Page14of17 
 26R, AND NEW PARALLEL TAXIWAY BID NO: 2014·523 

14 DEPARTMENT: El PASO INTERNATIONAL AIRPORT 

JORDAN FOSTER ULTIMATE CONCRETE, LLC. SUNDT CONSTRUCTION, INC. 

CONSTRUCTION, LLC. ELPASO, TX TEMPE, AZ 

EL PASO, TX 

BIDDER (1 OF 3) BIDDER (2 OF 3) BIDDER (3 OF 3) 

TEMS 1-37) $709,931.00 $811,082.50 $701 ,439.00 

-1 01.4.1) $30,000.00 $40,000.00 $0.00 

ATION $739,931.00 $851,082.50 $701,439.00 

 WARRANTY FOR 4 ADDITIONAL YEARS FOR OPTION 2 

I $10,000.00 I $50,000.00 I $718,439.00 

523 EPIA RECONSTRUCT RUNWAY 8L- 26R, TAXIWAY 'U' & 'V' AND CONSTRUCT NEW PARALLEL TAXIWAY & CONNECTORS.xls Page15of17 
26R, AND NEW PARALLEL TAXIWAY BID NO: 2014-523 

4 DEPARTMENT: EL PASO INTERNATIONAL AIRPORT 

JORDAN FOSTER ULTIMATE CONCRETE, LLC. SUNDT CONSTRUCTION, INC. 

CONSTRUCTION, LLC. ELPASO, TX TEMPE, AZ 

EL PASO, TX 

BIDDER (1 OF 3) BIDDER (2 OF 3) BIDDER (3 OF 3) 

ADJUSTMENTS FOR EPIA RECONSTRUCTION OF 8L-26R AND CONSTRUCTION OF NEW PARALLEL TWY AND CONNECTORS 

UNIT BRIEF DESCRIPTION OF ITEM UNIT PRICE TOTAL UNIT PRICE TOTAL UNIT PRICE TOTAL 

Furnish and Install 30-!nch Ductile Iron Pipe 

LF (DI) Approved Water Pipe Installed with $340.00 $i53,340.00 $262.33 $1i8,310,83 $365.00 $164,615.00 

Fittings and Accessories 

Furnish and Install 36-lnch Ductile Iron Pipe 

LF (DI) Approved Water Pipe Installed with $460.00 $195,960.00 $337.76 $143,885.76 $460.00 $i 95,960.00 

Fittings and Accessories; Complete in Place 

ONLY PROVIDE BID PRICE IF USING 

LS STEEL PIPE OR SCCp, Furnish and Install N/A N/A N/A N/A $22,000.00 $0,00 Cathodic Protection System; Complete in 

Place: 

Le Furnish and Install 48-lnch Steel Casing by $450.00 $101,?.50.00 $257.22 $57,874.50 $250.00 $56,250.00' Open-Cut Methods; Comp,lete in Place 

LF Furnish and Install 54-Inch Steel Casing by $540.00 $121,500.00 $297.12 $66,852.00 $275.00 $61,875.00 Open-Cut Methods; Complete in Place 

EA Furnish and Install 30-lnch Butterfly Valve $20,000.00 $40,000.00 $17,628.22 $35,256.44 $21,000.00 $42,000.001 Assembly: Complete in Place 

EA Furnish and Install 36-lnch Butterfly Valve $23,000.00 $23,000.00 $22,042.90 $22,042.90 $22,000.00 $22,000.001 Assembly; Complete in Place 

' 

EA Furnish and Install Standard Manhole, 48· $3,900.00 $11,700.00 $5.424.00 $16,272.00 $5,000.00 $15,000.001 Inch Diameter, Type A, Complete in Place 

LF Trench Safety System (Trench Box, Shoring or Bracing Methods). Complete in Place $2.00 $1,774.00 $5.00 $4,435.00 $1.00 $887.00 

) $648,524.00 $464,929.43 $558,587.00 

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523 EPIA RECONSTRUCT RUNWAY 8L- 26R,TAXIWAY 'U' & 'V' AND CONSTRUCT NEW PARALLEL TAXIWAY & CONNECTORS.xls Page16of17 
26R, AND NEW PARALLEL TAXIWAY BID NO: 2014-523 

4 DEPARTMENT: EL PASO INTERNATIONAL AIRPORT 

JORDAN FOSTER ULTIMATE CONCRETE, LLC. SUNDT CONSTRUCTION, INC. 

CONSTRUCTION, LLC. ELPASO, TX TEMPE, 1\Z. 

ELPASO, TX 

BIDDER (1 OF 3) BIDDER (2 OF 3) BIDDER (3 OF 3) 

1, 2 & 3 FROM BASE BID II 

UNIT BRIEF DESCRIPTION OF ITEM UNIT PRICE TOTAL UNIT PRICE TOTAL UNIT PRICE TOTAL 

Furnish and lnstall30-lncll Bar Wrapped 

LF Steel Cy!ln_der Concrete Pipe (SCCP) N/A N/A -$262.33 $118,310.83 $295.00 $133,045.00 Approved Water Pipe Installed with Fittings 

and Acessories 

Furnish and Install 36-Jnch Bar Wrapped 

LF Steel Cylinder Concrete Pipe (SCCP) N/A Approved Water Pipe Installed with Fittings N/A $337.76 $143,885.76 $335.00 $142,710.00 

and Complete in Place 

LS Furnish and Install Cathodic Protection N/A N/A $2,800.00 $2,800,00 $21,000.00 $21,000.00 System; Complete in Place; 

• 3) N/A $264,996.59 $296,755.00 

1, 2 & 3 FROM BASE BID II 

UNIT BRIEF DESCRIPTION OF ITEM UNIT PRICE TOTAL UNIT PRICE TOTAl UNIT PRICE TOTAL 

Furnish and install 30-lnch Steel Pipe 

LF Approved Water Pipe Installed with Fittings N/A N/A $262.33 $118,310.83 $340.00 $153,340.00 

and Acessories 

Furnish and Install 36-lnch Steel Pipe 

LF Approved Water Pipe Installed with Fittings N/A N/A $337.76 $143,885.76 $387.00 $164,862.00 

and Acessories; Complete in Place 

LS Furnish and Install Cathodic Protection N/A N/A $2,800.00 $2,800.00 $21,000.00 $21,000.00 System: Complete in Place; 

 3) N/A $264,996.59 $339,202.00 

WLEDGED YES YES YES 

. 

YES YES YES 

- -- --·--------

-- L_ ____ 

·-

bid tabulation is for.infor"rilauOn only and does not constitute actual awardfexecution of contract. 

· 

3 EPIA RECONSTRUCT RUNWAY SL · 26R, TAXIWAY 'U' & 'V' AND CONSTRUCT NEW PARALLEL TAXIWAY & CONNECTORS.xls Page 17 of 17 
ALTERNATE 1· To replace items 1 2 & 3 from Base Bid II ' 

Item I DO NOT ROUND Total 

Estimated DO NOT LEAVE 

Quantity Unit Brief Description of Item Amount (Quantity X 

No. BLANK Unit Price 

Unit Price) 

.. 

Furnish and Install 30-lnch Bar Wrapped 

1 451 LF Steel Cylinder Concrete Pipe (SCCP) $ /f) /!7 $ fi} I II 

Approved Water Pipe Installed with 

Fittings and Accessories • ·-·-·""""C""" !-·-· 

Furnish and lnstall36·1nch Bar Wrapped 

2 426 LF Ill/A Steel Cylinder Concrete Pipe {SCCP) $ ;V/4 $ Approved Water Pipe Installed with 

Fittings and Accessories; Complete in 

Place f-· 

3 1 LS Furnish and Install Cathodic Protection iJ)A $ /;/4 $ 

System; Complete in Place; I 

.• 

SUM TOTAL Alternate 1 (Items 1·3) $ ;VI f). 

. . 

ALTERNATE 2· To replace items 1 2 & 3 from Base Bid II ' 

1 451 LF 

Furnish and Install 30·1nch Steel Pipe $ ;J/A $ ;;p Approved Water Pipe Installed with ) ' 

Fittings and Accessories 

Furnish and lnstall36-lnch Steel Pipe .' /1.;/A 2 426 LF Approved Water Pipe Installed with $ !t)/!1. $ 

Fittings and Accessories; Complete in I I 

Place 

3 1 LS Furnish and Instal! Cathodic Protection $ 111/1 $ 7/)t 

System; Complete in Place; 7 

SUM TOTAL Alternate 2 {Items 1-3) $ A)/A , 

COMPANY NAME: Jordan Foster Constfuclion, LLC 

r'/"--"~·7 / 0 

BIDDER'S SIGNATUfl.( .. ~-:.J_·-~-'c.f"Lh-l"·h,;;{,ll-'/-"t_,.[c./-"\,_~~'--~~- PRINT NAME John Goodrich, P.E., Exec. Vice President "--,...- + 

Proposal- £PIA Reconstruct Runway 8L-26R. Taxiway 'U' & Taxiway 'V' and Construct New Parailef Taxiway & Connectors 

Solicitation No. 2014-523 !-C-18 -Amendment No.1 Rev-10/24/2013 LM 
Mayor 

Oscar Leeser 

City Cquncil 

District 1 

Ann Morgan Lilly 

Districl2 

Lar:ry Romero 

District 3 

Emma Acosta 

Qlstrict 7 

Lily Lim6n 

Dl~irict8 Cqrt(ley .C. Nilam:l 

City Manager 

Tommy Gonzalez 

Purchasing & Strategic Sourcing Department 

~·---·~~--~~~~----------88~~----~--~---=--

BY ELECTRONIC TRANSMISSION AND CERTIFED MAIL 

September 19,2014 

Mr. Thomas M. Keranen 

Clark Hill PLC 

14850 N. Scottsdale Road 

Suite 500 

Scottsdale, Aliwna 85254 

Su"ject: Protest of Award- Solicitation No.: 2014-523 

EPIA Reconstruct Runway 8L-26R, Taxiway 'U" & Taxiway "V" and 

Construct New Parallel Taxiway & Connectors 

Mr. Keranen: 

In response to your letter of September 4, 2014, protesting the recommendation of award 

the City of El Paso conducted an analysis of the concems outlined within your letter and 

the requirements delineated within the specifications. 

Our analysis concluded that the determination of responsiveness was consistent with the 

bid evaluation cliteria and requirements delineated within the solicitation. The initial 

determination will stand and your protest is denied. 

Thank you for your interest in doing business with the City of El Paso. 

Sincerely, 

Bruce D. Collins, CPPO 

Purchasing Director 

Purchasing & Strategic Sourcing Department 

Cc: !rene Ramirez, Acting City Engineer 

Sol Cortez, Assistant City Attorney 

Bruce D. Collins, CPPO 

City Hall[ 300 N. Campbell Street I El Paso, Texas 79901[ (915) 212-1189 

Dedicated to Outstanding Customer Service for a Better Community 
Closed & Awarded 

The fOllowing is a fist of solicitations that have either been closed or awarded. This 

information is provided for reference and research purposes only. None of solicitations 

listed here-are active afld therefore· not available for bid. 

1) A status of "Open" indicates: 3) A status of "Cancelled" indicates: 

Bids hav.enotbeen received. The solicitation has beerr canceled 

and will not be awarded; 

2) A status of''Eivt'lluatit>ll" irrli/:fGi'ites: 4) A status of "Rejected" indicates: 

Bids have been received ,:,," 

and are being evaluated foP:a.ward. 

The bids have been rejeded. 

View Solicitation 

Enter the solicitation control number and click the ''View" button. 

# 

21S11&•/J04 

2G1Y+OO~ 

20i•H315 

2014-527 El>'lA LONG TERM OVERFLOW PARKING 

AW<Itr:Jed to; MEQLQCK CONTRACTORS 

2014-!i{25 ON .cAll. PLIJMS1NG SERVICE 

Awarae.d to> REt.JABLE PLUMBING 

EPIA RIJNWAY8L·26R TAXIWAY "U" 

El(aluation 

Evqluat[on 

EWJ/uation 

Awarded 

Awarded 

2014-523 JM1d "V" AND CONSTRUCT NEW PARlU.LEL AWarded 

TAXIWAY Aftd CONNECTORS 

Awarded to: JORDAN -FOSTER INC. 

2014"516 SECIJR·ITY SERVIt!JES AT POU'CE HEADQUARTERS 

2014-SlSR TRAFFIC VIOLATION COLLECTION SERVICES- AGED 

ACCOUNTS 

2014-514 

Evaluatio/1 

Evaluation 
CLARK HILL 

Thomas M. Keranen 

T 313.965.8670 

F 313.309.6850 

Email: tkeranen@clarkhill.com 

September 26, 2014 

VIA FEDERAL EXPRESS AND ELECTRONIC MAIL 

Bruce D. Collins 

Purchasing Director 

Purchasing and Strategic Sourcing Department 

City Hall 

300 North Campbell Street 

E1 Paso, TX 79901 

CollinsBD@elpasotexas.gov 

Re: Protest of Award- Solicitation No.: 2014-523 

EPIA Reconstruct Runway 8L 26R, Taxiway U and Taxiway V 

Construct New Parallel Taxiway and Connectors 

Dear Mr. Collins, 

Clark Hill PLC 

500 Woodward Avenue 

Suite 3500 

Detroit, Ml 48226 

T 313.965.8300 

F 313.965.8252 

clarkhiiLcom 

We acknowledge receipt of your letter dated September 19, 2014, wherein the City denies the 

Protest of Award filed by Ultimate Concrete, LLC, on September 4, 2014. 

We are disappointed by the substance of your letter for the reason that it contains no fmdings of 

fact or conclusions oflaw. Findings regarding the material elements of Ultimate's Protest are 

important to understanding the City's position. We are confident that had you made findings, 

you would have reached the inescapable conclusion that the Bid by Jordan I;oster was NONRESPONSIVE for the reasons set forth in Ultimate's appeaL 

We are aware that this Project is funded in substantial part by the United States, acting by and 

through its Federal Aviation Administration (FAA). As Grantee, the City is obligated to comply 

with FAA's regulations, including, but not limited to, competitive bidding requirements. 49 

CRF 18, et seq requires the City to establish and conduct competitive bidding in accordance with 

the regulations, and specifically, to award the contract for construction to the lowest 

RESPONSIVE bidder (see 49 CFR 18.36(D)(2)(i). Obviously, since the Jordan Foster bid was 

so clearly non-responsive, in direct violation of the City's solicitation requirements, and the 

City's refusal and/or failure to comply with its own and the federal regulations governing the 

procurement, provides grounds for continued Protest by Ultimate. 

201444349.133546/177828 
Bruce D. Collins 

September 26, 2014 

Page2 

Please accept this letter as Ultimate's notice that it intends to file a further Protest of Award to 

the Federal Aviation Administration in accordance with the governing regulations. 

We urge the City to reconsider and reverse its Decision on Ultimate's Protest. 

Very truly yours, 

CLARK HILL PLC 

~-P~--e/ Thomas M. Keranen 

TMK:kll 

ec. Client 

Federal Aviation Administration 

CLARK HILL 

201444349.1 33546/177828 
CLARK HILL 

Thomas M. Keranen 

T 313.965.8670 

F 313309-6850 

Email: tkeranen@clarkhill.com 

September 29,2014 

VIA HAND DELIVERY AND FACSIMILE- (915) 212-0024. 

Mr. Tommy Gonzalez 

City Manager, E1 Paso 

300 North Campbell Street 

El Paso, TX 79901 

Re: Protest of Award- Solicitation No.: 2014-523 

EPIA Reconstruct Runway 8L 26R, Taxiway U and Taxiway V 

Construct New Parallel Taxiway and Connectors 

Appeal of Bruce Collins' Denial of Bid Protest 

Dear Mr. Gonzales: 

Clark Hill PLC 

500 Woodward Avenue 

Suite 3500 

Detroit, Ml 48226 

T 313.965.8300 

F 313.965.8252 

c!arkhill.com 

Please consider this Ultimate Concrete, LLC's ("Ultimate") appeal of Mr. Collins' denial of the 

bid protest filed on the above referenced Project. 

We have attached Ultimate's bid protest dated September 4, 2014, Mr. Collins' denial of the bid 

protest dated September 19, 2014, and Ultimate's September 26, 2014 letter to Mr. Collin's 

requesting reconsideration of his denial. 

We are aware that this Project is funded in substantial part by the United States, acting by and 

through grants administered by the U.S. Federal Aviation Administration ("FAA"). As an FAA 

Grantee, the City is obligated to comply with the U.S. Department of Transportation and the 

FAA's regulations, including, but not limited to, competitive bidding requirements. 49 CFR § 

18, et seq requires the City to establish and conduct competitive bidding in accordance with the 

regulations, and specifically, to award the contract for construction to the lowest RESPONSIVE 

bidder (see 49 CFR 18.36(D)(2)(i). Since the Jordan Foster bid was so clearly non-responsive, 

in direct violation of the City's solicitation requirements, and the City's refusal and/or failure to 

comply with its own and the federal regulations governing the procurement, provides grounds for 

continued Protest by Ultimate. Ultimate's Protest to Mr. Collins is incorporated by reference 

herein. 

201445418.133546/177828 
Tommy Gonzalez 

September 29, 2014 

Page2 

The City's actions in failing to deem Jordan Foster's bid as non-responsive amount to a violation 

of the "full and open competition" requirements under 49 CFR 18.36(c), including an "arbitrary 

action in the procurement process" under 49 CFR 18.36(c)(l)(vii) and a failure to follow its 

"written selection procedures for procurement transactions" to "ensure that all solicitations ... ii. 

identify all requirements which the offers must fulfill and all other factors to be sued in 

evaluating bids or proposals" under 49 CFR l8.36(c)(3)(ii). 

Furthermore, Mr. Collins' denial contains no findings of fact or conclusions of law. Findings 

regarding the material clements of Ultimate's Protest are important to understanding the City's 

position. We are confident that had Mr. Collins made findings, he would have reached the 

inescapable conclusion that the Bid by Jordan Foster was NON-RESPONSIVE for the reasons 

set forth in Ultimate's appeal. Moreover, Mr. Collins' non-substantive response amounts to a 

violation of the City's protest procedures for failing to review a protest, which is also reviewable 

by the FAA 

Pursuant to the City's standard purchase order tenns and conditions, Ultimate hereby requests 

that the City Manager reverse the Purchasing Director's decision, grant Ultimate's Protest of 

Award, and provide the relief requested. 

Should the City deny Ultimate's bid protest, please be advised that it intends to file a further 

Protest of Award to the Federal Aviation Administration in accordance with the governing 

regulations. 

Very truly yours, 

CLARK HILL PLC 

(\lltPAiill/\ J'tw{/v--

-fu /'. Tl1J1~r:m~b 

cc. Client 

Federal Aviation Administration Office of Airports, Southwest Region, 2601 Meacham 

Boulevard, Fort Wortl1, TX 76137 

Bradley K. Logan, brad.logan@faa.gov 

Sarah Conner, sarah.conner@faa.gov 

201445418.1 33546/177828 
CLARK HILL 

Thomas M. Keranen 

T 313,965,8670 

f 3\3,309.6850 

Email: tkeranen@<:larkhl!l.com 

September 26,2014 

VIA FEDERAL EXPRESS AND ELECTRONIC MAIL 

Bruce D. Collins 

Purchasing Director 

Purchasing and Strategic Sourcing Department 

City Hall 

300 North Campbell Street 

El Paso, TX 7990 I 

CollinsBD@elpasotexas.gov 

Re: Protest of Award- Solicitation No.: 2014-523 

EPIA Reconstruct Rw1way 8L 26R, Taxiway U and Taxiway V 

Construct New Parallel Taxiway and Connectors 

Dear Mr. Collins, 

Clark Hili f'LC 

500 Woodwa1d Avenur 

Suite 3500 

Detloit. M14B226 

T 31336S.f:l300 

F 313.965.8252 

darkh!ll.com 

We acknowledge receipt of your letter dated September 19, 2014, wherein the City denies the 

Protest of Award filed by Ultimate Concrete, LLC, on September 4, 2014. 

We are disappointed by the substance of your letter for the reason that it contains no fmdings of 

fact or conclusions oflaw, Findings regarding the material elements of Ultimate's Protest are 

important to understanding the City's position. We are confident that had you made findings, 

you would have reached the inescapable conclusion that the Bid by Jordan Eoster was NONRESPONSIVE for the reasons set forth in Ultimate's appeal. 

We are aware that this Project is funded in substantial part by the United States, acting by and 

through its Federal Aviation Administration (FAA). AB Grantee, the City is obligated to comply 

with FAA's regulations, including, but not limited to, competitive bidding requirements. 49 

CRF 18, et seq requires the City to establish and conduct competitive bidding in accordance with 

the regulations, and specifically, to award the contract for construction to the lowest 

RESPONSIVE bidder (see 49 CFR 18.36(D)(2)(i). Obviously, since the Jordan Foster bid was 

so clearly non-responsive, in direct violation of the City's solicitation requirements, and the 

City's refusal and/or failure to comply with its own and the federal regulations governing the 

procurement, provides grounds for continued Protest by Ultimate. 

201444349.1 335461177828 
Bruce D. Collins 

September 26,2014 

Page2 

Please accept this letter as Ultimate's notice that it intends to file a further Protest of Award to 

the Federal Aviation Administration in accordance with the governing regulations. 

We urge the City to reconsider and reverse its Decision on Ultimate's Protest. 

Very truly yours, 

CLARK HILL PLC 

Thomas M. Keranen 

TMK:kll 

cc. Client 

Federal Aviation Administration 

CLl\RKHILL 

201444349.133546/177828 
Mayor 

Oscar L¢e~_er 

City Council 

District 1 

Ann Morgan Lilly 

Dlstripl 2 

Romero 

District 3 

Acosta 

:Qistr(ct s ....... . Dr. Miehil>l R.•Noa 

Dlstrict.IJ 

Cl.audiii .Orda.z 

{]/stilet: 7' 

Lily limOn 

CityM;inager' 

Ton,my GQI~:!:Ill<):!\i 

BY ELECTRONIC TRANSMISSION AND CERTIFED MAIL 

September l 9, 20 14 

Mr. Thomas M. Keranen 

Clark Hill PLC 

14850 N. Scottsdale Road 

Suite 500 

Scottsdale, Arizona 85254 

Subject: Protest of Award- Solicitation No.: 2014-523 

EPIA Reconstruct Runway 8L-26R, Taxiway 'U" & Taxiway "V" and 

Construct New Parallel Taxiway & Connectors 

Mr. Keranen: 

fn response to your lett.er of September 4, 2014, protesting the recommendation of award 

the City of El Paso conducted an analysis of the concerns outlined within your letter and 

the requirements delineated within the specifications. 

Our analysis concluded that the determination of responsiveness was consistent with the 

bid evaluation criteria and requirements delineated within tbe solicitation. The initial 

determination will stand and your protest is denied. 

Thank you for your interest in doing business with the City ofEI Paso. 

Sincerely, 

Bmce D. Collins, CPPO 

Purchasing Director 

Purchasing & Strategic Sourcing Department 

Cc: Irene Ramirez, Acting City Engineer 

Sol Cortez, Assistant City Attorney 

Bruce D. Collins, CPPO 

City Hall[ 300 N. Campbell Street I El Paso, Texas 79901[ (915)212-1189 

Dedicated to Outstanding Customar Service for a Better Community 
CLARKffiLL 

:.:fXtorim~.iJVk K~ilfll!f'l- .i 3-f3~9f?_·n<i{O_· -- P'S:t:h3.M~!.iSS'O 

~h;::tfm~flett~~a_r~~i!L~ 

C\~rk H!H ~LQ -. / __ . 

l~$(JtJ So;;~6J:e·fi?~-~ 

Sult'i~O _ ---__ .. , .. 

sco_ttidi)'ln, Atliona. 1152$4 

'·lBifil!l.tuqo· · · F~OO:rlll4;UV!f 

clarkh~W.-c_ons 
Bri1ee B. Collins.· 

l'brctiasiug.Administratii)ll Di!-ector 

City o(E(Paso · . · ' · · . 

S.ept~n~.~er ·4. 2014 

l:!~go2 

~o!;l)~l'ix. · 
BI:l!'-'Q D, C::oliiJ1s .. . .... PcirchasiilgA\Illito;is.ttatioii:Dk¢ctor 

· Ci(y ofHl Paso · S~ptember-4, 2{)14 

Page3 

. . A?<;ordin.gl;y, Qs pm\:'i~ed f<u;;\!ll.c!er Pm:agraJJh 2 of the lnfoq)1atio!l,for~ldders atJdtn<:J 

'Ptcip!>,sa~El6Mi, J~~dan Fostilr .. f?q!lll~i'm 's b.id should be deemed UOJ1-rellpoils}v~,ill;tdshoul& 

:·!>"ot~~ ~J:J,~l~pt~(l;i\1 d<'\(et1t!ini!}~'ffie l<l\ve~tJ:ilspoQsible b.i.dd<Or. Ultimrrte?!lhfd:ll/~f&re!;x · · .. · •·.· rci§.!1P\11l!'M<l\>,a:rt4'!!.iR:q$, :gliin\lJ.!e,j(j!l,e'seqt:;\1d'low .bid, the contract for cori~lt\l~u~~~'fihePi'oj~ . ·rsi!Pti!tll;fl;i(wilJ:deo.t'\D'Bl~inlateCbnt;J!etq,.as the lowest, responsive; respt:;l1$ipl~•bi~dete ·. . '--_.-,-. ' •/• - - ' ' --- --- . - ' -

RespeiJtfuUy S)Jllmht~:d, 

cLABJt tltr,;J;'l?!:tc 

. '' ---
- 26R,' AND NEW PARA.U.:.EL TAXIWAY 

014 

CITY QF EL PASO 

BID TABULATION FORM 

JOR:OAfH~OS'tl:m 

· 

cciN.sTfnicnoN, LLc. 

El.PASO, TX 

BIDDER(1 OF:i) 

D 'NE\V PARALLELTAXIWAY) 

UNIT BRIEF DESCRIPTION OF ITEM UNIT PRICE TOTAL 

LS C-ontractor Quality Control $300,000.00 $300,000.0Q 

LEFT BLANK !NTENl10NALL Y 

lF Saw Cut Asphalt Concrete Pavement (Full $11.00 $1,760.00 

Depth) 

SY Asphalt Concrete Pavement Removal by $1.15 $81,650.00 Milling (FuU Depthj 

 SY Miscellaneous Asphalt Concrete Millings $1.101 $48,97200 Removat (Full Depth) 

LS Demolish Existing Building $8,500.00 $8,500.0~ 

AC Clearing and Grubbing $1,050.00: $82,624.50 

CY Unclassified Excavatlon- Hauled Off-Slte $9.20 $4,286,804.41) 

Unclasstfied Excavatior>- Placed in i' 

CY Embankment ! $4.00 $1,033,028.00 

1 LS Storm Water Pollution Preventiort Plan $65,000.00 $65,000.0 

SY Aggregate Base Course, 6" Depth $4,75 $134,282.5! 

SY Crushed Aggregate Base Course, 4" Depth $3.35 $338,249llt 

w~ 

"_;·'S:oro s r 

BID NO: 2014--523 

DEPARTMENT: EL PASO INTERNATIONAL AIRPORT 

ULnMATECONCRETE,·tLC. SUNOTC0NST_fill_CJJON; INC. 

ELPASO, TX TEMPE,AZ 

BIDDER (20F 3) BIDDER{3 OF 3) 

UNIT PRICE TOTAL UNIT PRICE TOTAL 

$100,000.00 $1oo:ooo.oo $150,000.00 $'150,000.00 

$5.00 $800.00 $2.00 $320,00 

- $2.00 $142,000.00 $4.00 $284,000.00 

$2.00 $89,04il.OO $4.00 $178,080.00 

$25,000.00 ' $25,000.00 $10,00{).00 $10,000.00 

$800.00 $62,952.00 $4,000.00 $314,760.00 

$8.00 $3,727,658.00 $13.00 $6,057,441.00 

$7.00 $1,807,799.00 $12.00 $3,099,084.00 

$10,000.00 $10,000.(1{ $3,01l!l.00 $3,000.00 

$32 $233,227 .5( $6.00 $169,620.00 

$7.00 $706,790.00 $4.00 $403,880.00 

I 

Ton Plant Mix Blturrrinous Pavement (3~ Shoulder $48.00 $221 ,280.00l $580ol $267,380.00 $40.00 $184,400.00 Surface Course) 

--

··-

-- ,,_ ···-- ~--

4-523 EPIA RECONSTRUCT RUNWAY BL- 26R, TAXIWAY 'U' & 'V' AND CONSTRUCT NEW PARALLEL TAXIWAY & CONNECTORS.xls Page 1 of 17 
26R, AND NEW PARALLS..:TAXIWAY BID NO: 2014-523 I 

014 

DEPARTMENT: El. PASo INTERNATIONAL AIRPORT 

~JQBP.AN'l'!JWE~ 

ULTIMATE CONCRET"e. LlC. SUNDT CONSTRUCTJON, INC. I 

CONSTRUCTION, LLC. ELPASO, TX TEMPE,AZ ' 

ELPASO, TX 

etooER WoF a), an>oER !2~0F :!l BIDOEf:l, (3 OF 3) 

UNIT BRIEF DESCRIP1l0N OF ITEM UNIT PRICE TOTAL UNIT PRICE TOTAl. UNlTPRICE TOTAL 

. . 

Ton PG 64-22 Asphalt C.ement for Shoulder $590.0Q $147,500.00 $685.00 $i71 ,250.00 $505.00 $126.250.00 Surface Course 

SY Portland Cemeni Concrete Pav~ament, 6" $29.50 $2,736,715.00 $38.00 $3,525,260.00 $40.00 $:3,71G,SOO.OO 

GAL I Bituminous Tack Coat $50.00 $600.00 $5,00 $60.00 $4.00 $48.00 

I 

I 

LF Preformed Sealer, i/2-inch Joint $MO $366,54.0.00 $3.50 $427,630.00 $3001 $366,540.00 

LF Preformed Sealer, 1 -inch Joint $7.00. $7,280.00 $7.00. $7,280.00 $7.001 $7,280.00 

LF I PCC/Asphalt Joint Edge Seal $2.20 $54,164.00 ' $3.001 $78,860.00 $2.00 $49,240.00 

SY Concrete Pavement Saw Cut Grooving $2.0Q $94,416.00 $3.00 $141,624.00 $3.00 Si 41 ,624.00 

(Runway) 

. 

EA Inlets with Grate, Frame & Concrete Apron $7,800.00 $7,800.00 $10,500.00 $10,500.00 s1s,ooo.oo $15,000.00 

 

SY Structural Concfete (Concrete Pad) $SS.il<l $41,300.0~ $496.00 a,'347 ,200.00 $58..00 $40,600.00 

EA Sumps $19,000.00 $38,000~00 $9,600.00 $19,200.00 $13,000.00 $26,000.0<! 

SY Baok Stabmzat\on with Geotexti!e Fabric $42.00 $33,810.00 $4ZOO $33,610.00 $41,00 $33,005.00 (Loose Rock Rip Rap) 

SY Subgrade SoU-Cement Sta!:lilization $3.00 $33,480.00 $16.00 $178,560.00 $5.00 $55,8DO.OO 

Ton Cement $i80.00 $45,000.00 

. 

$i9s.oo) $48,750.00 $140.00 $35,000,00 

14-523 EPIA RECONSTRUCT RUNWAY 8L- 26R TfV{IWAY 'U' & 'V' AND CONSTRUCT NEW PARALLEL TAXIWAY & CONNECTORS.x~ Page 2 of 17 
2'!:lR; AND NEW PARALLEL TAXIWAY BID NO; 2014~ 

14 

DEPAt:tTMENT: EL PASO INTERNATIONAL. AIRPORT 

JORI:t;\N'"';;~. 

ULTJtdATE CONCRETE, LLC. SUNDT CONS1RUCTION, INC. 

CONSTRUCTION, UC. aPASO,TX TEMPE,AZ 

ELPASO, TX 

BlOOER fl OF-~1 . BIDD~ (2 OF 3) BIDDER (3 OF 3} 

UNIT BRIEF DESCRIPTION OF ITEM UNIT PRICE TOTAL UNIT PRICE TOTAL UNIT PfliCE TOTAL 

SY RAP Millings, 2" Depth $1.50 $74,250.00 $3.00 $148,500.00 $6.00 $297,000.00 

SY RAP Mllfings, 4" Depth $i.60 $10,304.00 $4.001 S25.760.00 $8.00 $51,520.00 

SY RAP Millings, 9". Depth $2-.0tl $53,980.00 $5.00 $134.950.00 $16.00 $431,840.00 

 SF Concrete Utility Cap, 16" Depth $42.00 $651 ,000.00 $9.00 $139.500.00, $40.00 $620,000,00 . 

LS Demolition and Salvage $100,000.00 $100.000.00 $4-o,ooo.oo $40,000.00 $40,000.00 $40,000.00 

EA I New 4kW Regulator,lns1al!ed $11,700.00 -$2S.40o.od $10,644-.00 $21,288.00 $12,000.00 $24,000,00 I 

. 

LS ALCMS Modifications (Allowance) $14,100.0Q 514,100.0 $12,834.00 $12,834.00 $12,000.00 812,000.00 

LS ALCMS Modifications {Contractor SUpport} $5,000.00 $5,000.00 $4,438.00 $4,438.00 $3,000.00 $3,000.00 

' 

$2.000.001 

LF Temporary Jumper, L-824, Type C, 1/C-#8, 5 $2..00 $4,000.00 $1.61 $3,220.00 $1.00 kV Cable In Conduit 

LF Temporal'/, Surtace Mounled Single-way Z' $8.00 $6,000.0 $5.36 $5,360.0! $9.00 sa,ooo.ooi CQnduit 

EA Jnst.atl new L-806{L)' Wind Cone with new L- ss;-;n!l;~o $11,400.~ $5,19i.OOI" $10,382.00 $5,000.00 $10,000.001 

810 obstruction light I 

LF L-824, Type C, 1/C #8, 5 kV Cable $1.45 $89,61o:oo $1.30 $80,340.00 $1.0~1- $61,800.00 

LF Bare, 1/C #6, Courtterpoise, installed in $1.7!5 $61 ;o7s.q·a $1.59 $55,481.00 $2.00 $69,BCO.OQ Trench including Ground Rods 

4·523 EPIA RECONSTRUCT RUNWAY BL· 26R, TJl:f.IWAY U' & 'V' AND CONSTRUCT NEW PARALLEL TN(IWAY & CONNECTORS.xl' PagB 3 of i7 
~26R, AND NEW PARALLEL Tll:AiW_AY . BID-NO: 2014-523 ! 

014 p.e.P,.\RtMENj: EL PASO INTERNATIONAL AIRPORT J<li\'!Wil'GSTER ULTIMATE CONCRETE, UC. SUfWT CONSTRUCTION,- INC. 

CONSTRUCTION, LLC. ELPASO, TX TEMPE,AZ 

ELP.~O, 

TX 

B!ODER(1 OF3j BIDDER (2 OF 3) BJODER.(3 OF 3) 

UNIT 8RlEF DESCRIPTION OF ITEM: UNIT PRICE TOTAL UNIT PRICE I TOTAL UNIT PRICE TOTAL I 

' 

LF Bare, 11C #1/0, Guard Wire (FMJ $5.20 $89,960.00 $4.72 $81,656.00 $3.00l S51,900.00 

LF Single-way Two-Inch Conduft, Oirec-: Burlad $9.50 $234,360.00 $8.50 $214,200.00 $9.00 $9.26,eoo.ool 

LF Muttiple--way TW1:l T >W-inch Conduist, Direct $14.75 $81,125,00 $13.391 $73.645,00 $16.00 $8£,000.001 Buried 

LF ·Muftlple-way FourTwo-!nch Conduist, Direct $23.00 $46,000.00 $21.58 $43,160.00 $20.00 $40,~.ooj Bun"ed 

Single-way Two-!nch Conduit, Concrete 

. ' 

LF Encased $14.0Q $9,800.00 $13.05 $9,135.00 $18.00 $12,ooo.ooj 

LF Multiple-way Four Two-inch Conduist, ' $23.00 $36,800.00 $20.93 $33.488.0( $2.'3.00 $36,aoo.aoj Concrete Encased 

Multiple~ayTwo Four-loch Conduits, $226,soa.ooj 

LF $39.00 $327,600.00 $35.68 $299,712.00 $27.00 Concrete Encased {FAA) . 

Multiple-way Four Four-Inch Conduits, i $355,000.00 $284,000.00! 

LF $50.001 $46.40 $329,440.00 $40.00 Concrete Encased (FAA} i 

LF Multip1e-wayTwo Four-inch.Conduits, $43.00 $64,500.00 $39i7t> $59,640.00 $27.00 $40,500.001 Concrei:e Encased {E_PE) 

EA New Concrete Handhole, Furnished & $8,400.00 $20i,600.0 $7,700,00 $184,800.00 $8,400.00 ~20 1 ,6-00.001 Installed 

EA (New Concrete Haildhole, (FAA), Furnished & $8,400.00 $361,200.00 $7,700.00 $331,100.00 $8,400.00 5361,200.00 lnstafled ' 

EA New Concrete H<mdho!e, (EPE), Fumlshed & $8,400.00 $33,600.0( $7,700.001 $30,800.00 $8,400.00 $33,600.00 Installed 

 LF I RTR FAA Comm Cables $11.00 $30,800.00 ·-- -~$9.501_ $26,600.00 $15.00 ~2,000.00 . . 

14·523 EPJA RECONSTRUCT RUNW,>.Y 8L- 26R, TAXIWAY 'U' & 'V' AND CONSTRUCT NEW PARALLEL TAXIWAY & CONNECTORS.xls Page 4 of 17 
~ 26R,AND NEW PARALLEL TAXIWAY IBID NO; '201+523 -

014 : DEPARTMENT: EL PASO I_NTERNATIONAL AIRPORT 

JORDAN FOSTER ULTIMATE CONCRETE, UC. SUNDT CONSTRUCTION, INC. 

CONSTRUCTION, LLC. ELPASO, TX TEMPE,AZ 

ELPASO, TX. 

BIDDER {1 OF 3} BIDDER (2 OF 3) BIDDER (3 OF 3) 

UNIT BRIEF DESCRIP110N OF ITEM 

UNIT PRICE TOTAL UNIT PRICE TOTAL UNIT PRICE TOTAL 

LF ASR FAA Comm Cables $44.00 $303,600.00 $40.00 $276,000.00 $37.00 S2.S5,30o.oo 

LF /LS FAA Comm Cables $9.00 $39,600.00 $8.00 $35,200.00 $8.00: $35,200.00 

LF New 26R NAV Feedsrs $11.00 $20,900.00' $9.46 $17.974.00 $7.00 $13,300.00 

LF New 2BR PAP! Feeder $38.00' $7,600.00 $33.94 $6,786.00 $7.0d $1,400.00 

LF New 26R RE!L Feeder $8.50 $13,600,00 $7.64 $12,224.00 $7.00 $11,200.00 

LF New 8L NAY Feeders $10.75 $12,900.00 $8.7~1 $11,700.00 $7.00 $8,400.00: 

 LF New 8L PAPI Feeder $38.001 $7,600.00 $34.00 $6,800.00 $7.00 S1 ,400.00 

 LF New 8L REIL Fooder $10.00 $12.000,00 $9.14 $10,968.00 $7.00 $8,400.00-_ . ' 

 LF New ASR Power Feeder $16.00 $49,600.00 $1.4.56 $45,136.00 $15.00 $46,500.00:: 

EA New Size 2, 1-Mo-dule LED Guidance Sign, $2,350.00 $2,350.00 $2,143.00 $2,143.00 ' $2,000.00 $2,000.00 Installed on Foundation 

EA I New Size 2, 2-Module LED Guidance Sign, lnstal1ed on Foundation $3,400.00 $27,200.00 $3,099.00 $24,792.00 $2,800.00 $22,400.001 

EA 

New Size 1, 2-Module LED Guidance Sign, $3,050.001 $6.100.00 $2,767.00 $5,534.00 $2,.500.00 $5,000.00: Installed on Foundation 

 ' 

EA $4,7oo.oof $4,326.001 New Size 2, 3-Module LED Guidance Stgn, $51.100.00 $47,586.00 $4,100.00 $45,100.00 

lnstaJied on Foundation 

4·523 EPIA RECONSTRUCT RUNWAY 8L- 26R, TAXIWAY 'U' & 'V' AND CONSTRUCT NEW PARALLEL TAXIWAY & GONNECTORS.xls Page 5 of i7 
-26R, AND NEW PARALLEL TAXrNAY BID NO: 2014-523 

014 DEPARTMENT: EL PASO lt:IT~NAT10~1';AL AIRPORT ,IO!I!fi\N ~f! ULTIMATE CONCRETE; LLC. SUNDT CONSTRUCllON, INC. 

CONSTRUCTION, LlC. ELPASO,TX TEMPE,AZ 

ELPASO, TX 

.:BJOPJER.(1.0E'S) BIDDEB 2 OF 3) BIDDER 30F3) 

UNIT BRIEF DESCRIPTION OF ITEM UNIT PRICE TOTAL UNITPRJCE TOTAL UNIT PRICE TOTAL 

EA Nev~ Size 2, 4-MOdule LED Guidan¢e Sign, $5,800.00 $23,200.00 $5,.257.00 $21,028.00 $5,000.00 $20,000.0(} Installed on Foundalkln (Revocable} 

EA New Size 1, ~MoQule LED Guidance Sign, $5,000.0/J $2!\000.00 $4,5£aoo $22,840.00 $4,100.00 $20,500.00 Installed on Foundation 

EA New Size 5,_ LED ADR Sign, Installed on $2.300.00 $9,200.0Q $2,120.00 $8,480.00 $2,100.00 $8,400.00 Foundation 

EA Concrete Foundation for i-ModuJe Sign $1,000.00 $1,000.00 $905.00 $905.00 $i ,000.00 $1,000.00 

EA Concre1e~Foundat!on for 2-Modu!e Sign . $1,500.00; $.15,000.00 $1,355.00 $)3,550.00 $1 ,800,00 $18,000,00. 

EA Concrete Foundation _for 3-Modu!e Sign $1,600.00 $17,600.00 $1,500.00 $16,soo:oo $2,000.00 $22,000.00 

EA Concrete Foundation for 4-Modu!e Sign $2,100.00 Si0,500,06 $1,850.001 $9,250.00 $2,000,00 $io,ooo.ooi 

EA Concre1e Foundation for RDR Sign $670.00 $2,680.00 $605.00 $2,420.00 $1,800.00:. $7,200.001 

New L-861 (L) Runway Edge Ught with New 

' 

EA 5670.00 $34,840.00 $605.00 $31,460,00 $600.{!0 $31,200.00 Isolation Transformer 011 New Base 

EA New L-861E(l) RunwayThresho!d!End Ught $770.00 $12,320.00 $700.00 $11,200.00 $-£00.00 $9,600.0( with New !solation Transformer on New Base 

New l-86iT{L) LED Taxiway Edge Light with 

EA Naw Isolation Transformer on New or $440.00 $61,600.0 $400.001 $56,000,00 $300.00 $42,000.00] Existing Base 

EA Spare L·B6iT(L) LED Taxi\"tdy Edge Ught $230.00 $4,600.00 $210.00 $4,200.00 $260.00 $5,200.00 with New !solation Transformer 

I EA Size "B" L-867 Base Can for Arry Fixture in $660.00 $138,600.00 $600.00i $126,000.00 $680.00 $142,000.00 New Asphalt Shou!der 

4-523 EPIA RECONSTRUCT RUNWAY 8L- 26R, TAXIWAY'U' & 'V' AND CONSTRUCT NEW PARALLEL TAXIWAY & CONNECTOR$.xls Page 6 of 17 
L- 26R, AND NEWPAAA:LlEL:r'J;YJWAY ~10 NO: 2014-523 

0'14 PEPAR'l"MENT: EL PASO INTERNATIONAL AIRPORT JORDAN FOSTER ULnMATE CONCRETE, LLC. SUNDT CONSTRUCTioti, iNC. 

i CONSTRUCTION. lLC. ELPASO, TX TEMPEIAZ 

EL.PASO,TX 

BIDDER 1 OF~) lli0Det(2 OF 3) , BIDDER (3 ,OF 3) 

UNIT BRIEF DESCRJPTION OF ITEM UNIT PRICE TOTAL UNIT PRICE TOTAL 'UNIT PRICE TOTAL. i 

EA PAPI Facllijy, Complete {lnstaHation, Only} $21,000.00 $42,000.~ , $1s,ooo.oo $38 •. ~00.00: $30,000.00 $60,000.001 , 

I 

EA RE!L Facil~ty, Cumplete (lnstalla1ion Only) $14,300.00 $2'8,600.00 $13,000.00 $26,000.00 $11,000.00 $22,000.001 

LS \LS Splice Cabinet $4,500.00 $4,500.00 $4,100.00 $4,100.00 $6,000.00 $6,000.001 

LS RTR Power and Communlcation $3,soo.oa $3,300.00 $3,000.00 $3,000.00 $7,000.00 $7,000.00 Connections 

' 

ASA Power and Communication LS Connections $4,400.00 $4,400.00 $4,ooo.oq $4,000.00 $10,500.00 $10,500.00 

83) $14,178.909.90 $15,458,845.50 $19,638,532.00 

(P-1 01.4.1) $690,000.00 $765,000.00 $880,000.00 

D I) 

B!UZATION $14,868,909.90 $16,223,845.50 $20.518,532.00 

·. 

NO WARRANTY FOR4 ADDmONAL YEA~S FOR BASE BID 1 

$75,000.00 $100,000.00 $20,694,532.00 

~ 

--·····----~~-·-'· 

" .~--

·~~ 

... 

4-523 EPIA RECONSTRUCT RUNWAY 8L- 26R, TAXIWAY 'U' & 'V' AND CONSTRUCT NEW PARALLEL TAXIWAY & CONNECTORS.xls Page 7 of 17 
L-26R, AND NEW PARALLEL TAXIWAY" ·- ~- ~~ jjjij\No, ..,,4-52:1 -- ~ 

1l14 PEPAR~~: ~.PA;SO lffTEJ;iNA)lONAL,AIRPORT JORDAN FOSTER ULTIMATE CONCRETE; LLC. SUNDT CONSTRUCTION, INC. 

CONSTRUCTION, LLC. ELPASO, TX TEMPE, ta. 

ELPASO, TX 

BIOOER(1 OJ' 3l BIDDER (2 OF 3) BIDDER (3 OF 3) 

UNIT SRIEF DESCRIPTION OF ~ UNITP!1lCE --- TOTAL UNIT PRICE TOT A!- UNIT PRICE TOTAL 

LS Contractor QuaUiy Control $6,{100.00 $6,000.00 $15,000.00 $15,000.00 $10,000.00 $10,000.00 

. 

LEFT BLANK INTENTtONALLY 

LF Saw Cut Asphalt Concrete Pavement (Full $11.0Q $770.00 $5.0{} $350.00 $9.00 "S630.00 Depth) 

LF Saw Cut Asphalt Concrete Pavement (Partial $9.0(1 $1,440.00 $4.00 $640.00 $9.00 $i ,440.00 Depth) 

I SY Asphalt Concrete Pavement RemoYal by $1.15 $24,886.00 $2.00 $43,280.00 $4.00 $86,560.00 Mi\llng (Ftlll Depth) 

SY Miscellaneous Asphalt Concrme Millings $1.00 $10,660.00 $2.00 $21,320.00 $4.00 $42,640.00 RemoVal (Fun Depth) 

LF Remove Existing S\orm Drain Pipe $16.00 I $4,944.00 $23.~1 $7,107.00 $20.00 $6,180,00 

EA Remove Existing Catch Basin or Manhole Si ,000.00 $1,000.0(1 $500.001 $500.00 $300.00 $300.00 

. 

AC Cle..arlng and Grubbing $1,040.00 $5,969.00 .$800.001 $4,592.00 $4,000.00 $22,960.00 

CY Unclassified Excavation- Hauled Oft-Site $9.00 $84,510.00 $8.00 $75,120.00 $8.00 $75,120.00 ' 

' 

CY Unclassified Excavation- Plac.ed in $6.00 $36,060.00 $7.00 $42,070.00 $8.00 $48,080,00] Embankment 

I LS Storm Water Pollution Prevention Plan $14,000.001 $14,000.00 $i .ooo.ool $1.000.00 $400.00 $400.001 

I SY I Aggregate Base Qourse, 6" Depth $5.001 $28.050.00 $5251 $46.282.50 $5.00 $28.050.001 

4-523 EPIA RECONSTRUCT RUNWAY SL • 26R, TAXIWAY 'U" & 'V' AND CONSTRUCT NEW PARALLEL TAXIWAY & CONNECTORS.xls Page 8 of 17 
L-26R, AND NEW PARALLEL TA'IJWAY ·: S:~.P. NO: 2?_14-.523 

014 

f4Sf~~(El:-

PASO INTERNATIO~AL AIRPORT 

JOADAN'FOS'Tl:f{.~ ·ULTIMATE CONCRETE, LLC. SUNDT CONSTRUCTION, INC. 

CONSTRUCTION, LLC. ELPASO, TX TCMPE, P:2 

-

ELPASO, TX 

' 

SlOPER (1 OF 3). BIDDER (2 OF 3) BIDDER 30F3} 

. 

UNIT BRlEF DESCRIPTIO~ ~F ITEM UNIT PRICE TOTAL UNIT PRlCE TOTAl. UNIT PRICE TOTAL ·• 

SY Crushed Aggregate Base Course, 4~ Dep!h $4.00 $63,920.00 $7,00 $111,860.00 $4,00 $63,920.00 

Ton Plant Mix Bituminous Pavement {3~ Shoulder $48.00 $58,560.0 $58.00: $70.7~0.00 $4-o.oo $48,800.00 Surlace Course} 

Ton 

PG 64-22 Asphalt Cement for Shoulder $590.00 $41,300.00 $6S5.00 $47,950.00 $500.00 $35,000.00 

Surface Courw 

SY Portland Cement Concrete Pavement, S" $3~00 $457,600.00 $&1.00 $543,4()0,00 $26.00 $371,800.00 

GAL Bituminous Tack Coat $11.00 $06.00 $5,00 $30.00 $4.00 $24.00 

. 

LF Preformed Sealer. l/2---1nch Joint $3.00 $54.12D.OC $3.50 $63."140.00 $3.00 $54,120.00 

LF Preformed Sealer, 1-inch Joint $7.00 $S30.00 $7.00 $630.00' $7.0{} $630.00 

LF I PCC/Asphalt Join1 Edge Seal $3.0Q $15,150.0 $3.00). $15,150,001 $2.00 $10,100.00 

i 

. 

$96.00 $36,672.0( 

LF 24" Retnforce\fConcrete Pipe $125.00 $47,750.00 $90.00 $34,380.00 

EA Inlets with Grate, Frame & Concrete Apron $7,soo.ooJ $7,800.00 $10,500.00 $i0,500.00 $i3,000.00 $13,000.00 

 

SY Structural" Concrete (Concrete Pad) $59.00 $16,520.00 $4-96.00 $13S,880.00 $114.00 $31.920.00 

 

I 

EA Outlet Structure $7,700.00 $7,700.00 $4,000.001 $4,000.00 $13,000.00 $13,000.00 

L SY Sank StabWzation with Geotextile Fabric $42.00 $32,:340.00 ·--~4g·,~i $32,340.00 $33.001 $25,410.00 (laose Rock Rip Rap) 

-

-~·······--

--

-

-

4-523 EPIA RECONSTRUCT RUNWAY 8L- 26R. TAXJWAY'U' & 'V' AND CONSTRUCT NEW PARALLEL TAXIWAY & CONNECTORS.xls Page 9 of i7 
26R, AND-NE:WPARALLEL TAxiWAY---·--·-

-· 'BIDN0:-2ri1~523------------------- ~-. 

~ 

---- -

114 I;)EPARTMSNT:.El, PASO INTER~ATIONAL AIRPORT JORDA!U'l!lSl'E!<i ULnMATE CONCRETE, LLC. SUNDT CONSTRUCTJON, INC. 

CONSTRUCTION1 lLC. ELPASO, TX TEMPE,AZ 

ELP/ISO,TX 

BID[}E~ 

: i !')1'3) BIDDER {2 OF 3) BIDDER {3 OF 3} 

UNIT BRIEF DESCRIPTION OF ITEM UNIT PrllCE T\1l'AL UNIT PRICE TOTAL UNIT PRICE TOTAL 

SY RAP Mi!Hngs, 2w Depth $2.001 $21.520.00 $3.00 $32,280.00 $5.00 $53,800.00 

SY RAP Mfllings, 9" Depth $3.00 $1S,59o:o{"l $4.00 $22,120.00 $-15.00 S82,95o.o"D 

LS Demolition and Salvage $5,500.00 $5,500.00 $5,000.00 $5,Q()().QQ $15,000.00 $i5,000.00 

LF Temporary Jumper, L-824, Type C, 1/C #8, 5 $1.75 $1,750.00 $1.61 $1,610.00 $2.00} $2,000.00 kV Cable tn Conduit 

LF Temporary, Surface Mounted Singt~ay 2" $5.00 $2,500,00 $5.36 $2,680.00 $9.00 $4,500.00 Conduit 

LF I L-824. Type C, 1/C #8, 5 kV Cable $1.00( $6,200.00 $1.30 $8,0£0.00 $1.00! $6,200.00 

 l.F Bare, 1/C #6, Counterpoise, tnsta!led in $1.50 $9,15D.OO $1.59 $9,699.00 $2.00 $12,200.00 

Trench Including Ground Rods 

 ' $8.001 

LF l S[ng\e·way Two-inch Conduit, Direcl Buried $8.00] $4Jl,OOO.OO $4B,OOO.OG $9.00! $54,000.00 

LF Multiple-way Four Tw!J"fnch Conduist, $23.14 $4,628.00 $21.00 $4,200.00 $24.0Gr $4,800.00 Concrote Encased I 

 I New Doilcrete Handhole, Furnished & 

. 

$8,500.001 

EA !nstaRed $8,800.00 $17,600.00 $8,000.00 $16,000.00 Sl?,OOD.OO 

EA New Size 3, +Module LED Guidance Sign, $~250.00 $4,500.00 $2,050.00 $4,100.00 $5,000.00 $10,000.00 Installed on Foundation 

EA Concrete Foundation for 4-Modufe Sig11 $1,650.00 $3,300.00 $i ,500.00 $3,000.00 $2,000.00 $4,000.00 

New·L-B61T(L) LED Taxiway Edge Ugh! wtt:h 

EA New Isolation Transformer on New or · $550.00 $28,050.00 $500.00 $25,500.00 $300.00 $15,300.00 

. . Exigi!lgBa~!i! ... -- -·---------- - - . .. 

4-523 EPIA RECONSTRUCT RUNWAY BL- 26R, TAXIWAY 'U' & 'V' AND CONSTRUCT NEW PARALLEL TAXIWAY & CONNECTORS.xls Page10 of 17 
L~ 26R, AND Ni:W PARALLEL TAXIWAY BlO NO: !2014-523 i 

2014 I\El'AllJ)I~r' 1;1, PAS()INTERNATIQIII\L .AIRPORT 

J0lll!AN1'0STE!!. '1JL.TJMATE-CONCRETE, LLC. SUNOT'CON$mUCTION, INC. 

CONSTRUCTION, UC. ELPASO, TX TEMPE, Ja. 

aPASO,lX 

. 

BIDDER. 1 OF 31 BIDDER (2 OF 3) BIDDER (3 OF 3) 

UNIT I BRIEF DESCRIPTION OF ITEM 1.lN1T PRICE TOTAL UNIT PRICE TOTAL UNITPRlCE TOTAL 

EA I Spare L-86iT(L) LED Taxiway Edge Ught with New !solation Transformer $240.00 $1,200.00 $221.00 $i,105.0Q $250.00 $1,250.001 

I Size "B'' L:867 Base Can for Any Fixture m ' $30,60D.OOj 

EA Nsw Asphalt Shoulder $770.00 $39,270.00 $700.00 $35,700.00 . $500.00 

U (lTEMS 1-41) $1 ,220,425.60 $1,562,705.50 $1,338,064.00 

{P-101.4.1} $55,000.00 $n,ooo.oo $0.00 

I) 

LIZATtON $1,275.425.60 $1,539.705.50 $1,338,064.00 

ND WARRANTY FOR 4 ADDmONAL YEARS FOR OPTION 1 

$15,000.00 I $50,000.00 I $1,355,064.00 

4-523 EPIA RECONSTRUCT RUNWAY 8L- 26R, TAXIWAY 'lJ' & 'V' AND CONSTRUCT NEW PARALLEL TAXIWAY & CONNECTORS. xis Pagei1 ol 17 
c 

.- 26R, AND l\IEWP.AR'Al:tEL. iAXN/AY ~;NO: 21114-523 

014 

iJi3:i~;-_EL PASO ltiTERNATIONAl. AIR?ORT 

Jem>I!NFOS7ER 1!~- u.:c. ·SUNDTCn.Ns::JJ:lUCT{ON,·INC. 

CONSTRUCTION. UC. ElPASO, TX TEMPE,KZ. 

, El PAl;(),~ 

l3!PI1islj(1 0 SIDDEll {201'3] BIDDER (3 QF-_3) 

UNIT BRIEF DESCRIPTION OF ITEM UNIT PRICE TOTAL UNIT PRICE TOTAL UNlTPRJCE TOTAL 

LS Contractor Qua~ty Control $5,000.00 $5,000.00 $10,000.0Q $10,000.00 510,000.00 $10,000.00 -~ .. 

LEFT BLAl\JK lNTENTIONALL '( 

LF Saw Cut Asphalt Concrete Pavement {Full $11.00 $770.00 $5.001 $350.0() $9.00 ~6:30.00 Dep!h) . 

 LF Saw Cut Asphalt Concre1e Pavement (Partial $9-011 $1,170.00 $4.00 $520.00 $9.00 $1,170.00 Depth) 

SY Asphalt Concrete Pavement Removal by $2.00 $26.460.00 $2.00 $26,460.00 $4.00 $52,920.00 Milling (Ful! Depth) 

SY Miscellaneous Asphalt Concrete Mil!ings $2.00 $12.680.00 $2.00 $12,680.00 $4.00 $25,360.00 I Removal {Full Depth) 

AG Clearing and Grubbing $1,040,00 $1,040.00 $Soo.oo' $800.00 $4,000.00 $4,000.00 

LF Remove Exlst\ng Storm Drain Plpe $15.00 $4,995.00 $23.00 $7,659.00 $21.001 $6,993.00 

' 

EA Remove Existing Catch Basin ,or Manhole $1,000.00 $i .000.00 $500.00 $500.00 $300.00 $300.00 

OY Unclassified Excavation- Hauled Off-Site $9.00 $22,050.00 $8.00 $19,500.00 j8.001 $19,£00.00 

CY Unclassified Excavation- Placed in $5.00 $19,950.00 ,)7.00 $27,930.00 $&00 $31,920,00, Embanknient 

LS Storm Water Pollution Prevention Plan $11,000.00 $11,000.00 $1,000.00 $1,000.00 $200.00 $2DO.Oti 

SY I Aggregate Base Course. 6" Depth $5.00 $16,050.00 :S825 $26,482.50 $5.00 $16,050.00 

14"523 EPIA RECONSTRUCT RUNWAY 8L c 26R, TAXIWAY 'U' & 'V' AND CONSTRUCT NEW PARALLEL TAXIWAY & CONNECTORS.xls Page 12 of i7 
L- 2~R, AND NEW PARALLEL TAXIWAY " BlD ~NO: ~-20:1.4-523 

2014 ,DEPARTMENT: El PASO INTERNATIONAL AIRPORT 

JORDAN FOSTER UlTiMAtE CONCRETE, LLC. SUNDT CONSTRUCTION, INC. 

CONSTRUCTION, LLC. ELPASO, TX TEMPE, AZ 

ELPASO, TX 

sll>ileR 1 OF ~) BIDDER (2 OF 3) BIDDER (3 OF 3) 

UNlT BRlEF DESCRIPTION OF ITEM ·UNIT PRICE 'TOTAL UNIT PRICE TOTAL UNIT PRICE TOTAL 

SY Crushed Aggregate Base 9ourse, 4" Depth $4.00 $38,680.00 $7.00 $67,590.00 $4.00 $38,680.00 

Toe I Plant Mix Bituminous Pavernenl (3~ Shoulder Surface Course) $4S.OO $24,960.00 $58.00 $30,100.00 $40.00 • $20,800.00 

 Ton PG 64-22 Asphalt Cement for Shoulder $590.00 $17.700.00 $685.00 $20,550.00 $4.00 $120.00 Surface Course 

. 

SY Portland Cement Concrete Pavement, 6" $32.00 $2n.7eo.oct $38.00 $329,840.00 $25.00 S217,ooo.oo 

. 

GAL Bi1uminoos Tack Goat $50.00 $300.00 $5.00 $30.00 $4.00 $24.00 " 

 I 

LF Preformed Sealer. 1/2~inch Joint $3.00 $33,150.00 $3.50 $38,675.00 $3.00 $33,150.00 

LF ProtormBd Sealer, t~inch Joint $7.00 $1,120.00 $7.ool $1,120.00 $7.00 $1,120.00 

I 

I 

. 

LF PCC/Aspha!t Joint Edge Seal $2.00 $5,940.00 $3.00 $8,910.00 $2.00 $5,940.00 

LF 36" Reinforced Concrete Pipe 

-

$14-5.00 $33,640.00 $145,001 $33,640.00 $130.00 $30,160.00 

EA OUtlet Structure $7,£00.00 $7,600,00 $4,000.00 $4,000.00, $15,000,00 $15,000.001 

SY Bank Stabilization with Geotexti!e Fabric $42.00 $30,576.00 ~2.00 $30,576.00 $34,00 $24,752.00! (Loose Rock Rip Rap) 

SY RAP Millings, 9" Depth $2.00 $5,420.00 $4.00 $12,810.00 $15.00 $4B, I 5D.O~j 

 LS I 

. 

$5,500.00 $2,900.00! 

Demo!rtion and Satvage $5,500.00 $5,000.00 $5,000.00 $2,000.00 

-·--

4-523 EPIA RECONSTRUCT RUNWAY 8L- 26R, TAXIWAY 'U' & 'V' AND CONSTRUCT NEW PARALLEL TAXIWAY & CONNECTORS. xis Page'13 of 17 
8l-26R, AND NEW PARALLEL TA'!o-IWAY BID NO: 2014:.S23 

2014 DEPARTMENT; El PASO lNTERNATIONAL AIRPORT ·JC)fW"Al4'FOSTER UlTIMATE CONCRETE, Lt. C. SUNDT CONSTRUCTIO~ INC. 

CONSTRUCTION, LLC. ELPASO, TX TEMPE; AZ 

ELPASO, TX 

BIDDER 1 of 3l BIDDER 20F3) BIDDER (3 OF 3} 

UNIT BRIEF DESCRIPTION OF ITEM UNIT PRICE TOTAL- UNIT PRict: TOTAL UNJTPRJCE TOTAL 

LF Temporary Jumper, L-824, Type C, 1/C #8, 5 $1.75 $1,750.00 $1.61 !jil,610.00 $1.00 $1,000.00 kV Cable in Conduit I 

LF Temporary, Surlacs Mounted Single-waY 2" $6.00 ' $3,000.00 $5.36 $2,680.00 $9.00 '$4,500.00 Conduit 

LF L -824, Type C, 1/C #8, 5 kV Cable $1.50 $6,750.00 $1.301 $5,850.00 $1.001 $4,500.00 

LF Bare, 1 /C #6, Counterp.oise, installed in $1.7& $5,600.0(} $1.6DI $5,120.00 $~00 $8,400.00 

Trenc.h including Ground Rods 

LF Single-way Two-inch Conduit, Direct Burled $9.00 $2.9,700.00 $8.00 $26,400.00 $9.00 $29,700.0'0 

EA New Concrete Handho1e, Fumtshed & _$8,800.00 $17.000.00 $8,000.00 $16,000.00 $8,500.00 $17,000.00 Jnstal!ed 

l 

EA New Size 3, 4~Module LED Guidance Sign, $6,600.001 $~3.200.Q(f $6,000.00 $12,000.00 $5,200.00 $10,400.00' Installed on Fotindauon 

EA Concrete Foundation for 4-Module Sign $1 ,650'.00 $3,300.00 $1,500.00 $3,000.00 $2,000.00 $4,000.00 

New L-861 T(L) LED Taxiway Ectg.a Ugh! with 

EA. New Isolation "Transformer on New or $550.001 $8,800.00 $500.00 $8,000.00 $300.00 $4,800.00 

Existino Base 

-· 

Spare L-861T(L) LED Taxiway Edge Ught . 

EA ljvith New !sola11on Transformer $240.00 $2,400.00 $221.00 $2,2i0.0Q $260.00 $2,600.00 

EA SIZe "B" L-867 Base Can for Any Fixture ln $770.00 $12,320.00 $700.00 $11,200.00 $600.00 $9,600.00: 

I New Asphalt ShouldB.r 

4-523 EPIA RECONSTRUCT RUNWAY 8L· 26R, TAXIWAY "U" & "If AND CONSTRUCT NEW PARALLEL TAXIWAY & CONNECTORS.xls Page 14 of 17 
2SR, AND NEW PARALLEL TAXJWAY BID NO': 

2014 DEPARTMENT: EL PASO INTERNATIONAL AIRPORT 

JORDAN FOSlER ULTIMATE CONCRETE, LLC. SUNDT CONSTRUCTION, INC. 

CONSTRUCTION, LLC. ELPASO, TX TEMPE, fa. 

EL PASO, TX 

BIDDER (1 OF 3) BIDDER {2 OF 3) BIDDER (3 OF 3) 

V (ITEMS $709,931.00 $811,082.50 $701,4.39.00 

 $30,000,00 $40,000.00 $0.00 

2) 

LIZATION $739,931.00 $851,082.50 $701 ,439.00 

ND WARRANTY FOR 4 ADOrrJONAL YEARS FOR OPJlON.2 

$10,000.00 $50,000.00 $718,439.00 

, 

4-523 EPIA RECONSTRUCT RUNWAY 8L · 2flR, TAXIWAY'U' & 'V' AND CONSTRUCT NEW PARALLEL TIV/.IWAY & CONNECTORS.xls Page15 of 17 
-.2£F:l,'ANONEW'P4RAL~EL 

T~IWAY BID NO:. 2014-523 

(2014 DEPARTMENT: El PASp llfi:ERNATIONAL AIRPORT 

JORDAN'f'OSTEA ULTlf.fAT'E-i:ONCfl.ETE,.lLC: SUN!JTCOHSTFIUCTION, INC. CONSTRUCTION, LLC. ElPASO, TX TEMPE, AZ 

ELPASO,TX 

BJDDER '(1 OF 3): BIDDrn {ll 01''3) BlO!lllfL(S, 01' 3) 

IN ADJUSTMENTS_ FOR EPIA f.:I:ECONSTRUCTION _QFBL·26R AND CONSTRUPlJON OF NEW PARALLEL TWY AND CONNECTORS 

UNIT BRIEF DESCRIPTION OF ITEM UNIT PRICE TOTAL UNITPFUCE TOTAL UNIT PRICE TOTAL 

Furnish and Install 30-lnch Ductile Iron Pipe · 

LF (DI) Approved Water Pipe Installed with $340.00 $153,34{).0 

. 

$262.33 $118,310.83 $365.00 Si64,615.0C Fittings and Accessories 

-

Furnish and !nstaJI 36-!nch Ductite Jron Pipe 

LF (Of} Approved Water Pipe Installed with $460.00 $195,960.0 $337.76 $i43,885.70 $460.00 s 195,960.0( Fittings and Accessories; Comp!e.le: In Place 

 

ONLY PROViDE BJD PRICE IF USING 

LS STEEL PJPE OR SCCP. Fumish and Install NIA NIP NIA NIA $22,000,00 $0.0( 

Cathodi-c Protection System; Complete in 

PI""'' 

I I 

L" Furnish and Install 48-lnch Steel Casing by $450 .. 00 $101,250,00 $257.22 $57,874.50 $250.00 $56,250.0( 

Open-Cut Methods; Comp)ete in Place 

· LF Fumlsh and Install 54~lnch Steel Casing by $!14o.oc $i 21,500.00 $297.12 $66,852.00 $275.oo $61,875.0( ! Open-Cut Methods; Cornplete in Place 

Fum!sh and lnstall30-lnch Butterfly Valve ,-

$21,000.001 

EA Assembly; Complete in Ptace $20,000.00 $40,000.00 $17,628.22 $35,256.44 $42,000.0( 

Furnish and Instal! 36-lnch Butterfly Valve $23,000.00 " $23,000.00 $22,042.90 

EA I Assembly; Complete in Place $22,042.90 $22.000.00 $22,000.0( I 

Furnish and Install Standard Manhole, 48· 

EA Inch Diameter, Type A, Complete in Place $3,900.00 $11,700.00 $5.424.00 $16,272.00 $5,000.00 $i5,000.0C 

LF Trench Safety System (Trench Box, Shoring $2.00 $1,774.00 $5001 $4,435.00 $1.00 $1lll7.00 

or Bracing P.1ethods), Compete in Place 

 

-9) $648,524.00 $464,929.43 $558,587,00 

-523 EPIA RECONSTRUCT RUNWAY 8L- 26R. TA)(IWAY'Lr & 'V' AND CONSTRUCT NEW PARALLEL TAXIWAY &CONNECTORS.xls Page 16 of i7 
L ~ 2SR, ANO NEW PARAUEL'TAXfW.AY 

-~NO: 20'f4-523 

 2014 tii:PA:irrMEN:r; EL PASO INTERNATIONAL AIRPORT 

~C>R.~~}'J!S1J'l' Ut;:;rl!vlAIE:-CONCRETE. tlC. S.UNDT CONSTRUCllCN,-!NC. coNsrnucnoN: Llc. ELPASO,TI TEMPE, llZ EL PASO, TX 

BiDDER :{j' OF~}. Bn:YDEA (2 oF-S} BIDDER (3'0F 3) 

MS 1,_2 & 3 FROM BASE BID II 

~ 

UNJT BRtEF DESCAIPTlON OF ITEM UNIT PRICE TOTAL UNIT PRICE TOTAL UNIT PRICE TOTAL 

' 

i Fum ish and !nstafl 3D-Inch Bar Wrapped 

LF Steel Cyllrtder Concrete Pipe (SCCP) Approved Water Pipe lnsullled with Fittings N/A N/A $2£2.33 $118,310.83 ' $295.00 $133,04-5.00 

and Acessor1es 

Furnish and Install 36--lnch Bar Wrapped 

LF Steel Cylinder Concrete Pipe (SCCP) 

Approved Water Pipe Installed w!lh Fittings NIA N!A $337.78 $143,885.76 $335.00 $142,710.00 

and Acessorles; Complete in Place 

LS Furnish and Install Cathodic Protection NIP ' N/A System; Complete ;2,auo.ool $2,800.00 $2i ,000.00 .$21,000.00 In Place; 

'1 ~ 3) N/A $264,996.59 $295,755.00 

S i, 2 & 3 FROM BASE BID II 

' 

UNIT BRIEF DESCRIPTION OF ITEM UNIT PRICE TOTAL UNIT PRICE TOT At UNIT PRICE TOTAL 

Furnish and Install 30-lnch steel Pipe 

LF Approved Water Pipe Installed witi:J RtiinQs N!A N/ $262..33 $1 i 8,31 0.83 $340.00 Si 53,340.00 and Acessories 

 ; Furnish and Install 35-lnch steel Pipe 

LF I Appro,ed Watoc Pipe Installed with R!tings N/A NIP $337.76 $143,885.76 $387.00 $164,862,00 

 and Acessories; Complete in Ptace 

LS I FIJrnish anrl Instal! Cathodic Protection System; Complete in Place; NIP NIP $2,EOO.OO $2,800.00 $21,000.00 $21,000.00 

- 3) N/A $264,995.59 $339,202.00 

OWLEDGED YES YES YES 

YES YES YES 

i.<ria):lulhlicin· is tOr' ihfor'rriat!ori only an_d :does-not conStitute-:l~~~~hw~~a(<j/Oxett:itlofl'9f. contract. 

. 

523 EPIA RECONSTRUCT RUNWAY 8L. 26R. TAXJWAY'U' & 'V' AND CONSTRUCT NEW PARALLEL TAXIWAY & CONNECTORS.xls Page 17 of 17 
TO THE HONORABLE MAYOR f\ND CITY COUNCIL 

CITY OF EL PASO 

EL PASO. TEXAS 

lnrl61r,,im,Ati h~'"M familiarized !h<21msel11es 

lnv!tefion 

Solicita!!On No. 2014·523 

l!QlJJOSPEI§tAi,U>T FOR. UN.ti PIUCE ~CHEDULE- U.S!!! IJI.s optitm 

and in accordance with the plans, 

THE FOLLOWING UNIT PRICES: 

rm:rporrrlble bid ba deternlil'l:€rd based on the Sum 

The quantities shown in the unit 

purpose of as an expe1ded 

exactly h<Jw many actual be pla:rrrd, 

ae<Jepitlild. No payments \\411 be madere!lar~lina 

tile and Alt~rnatas, on 

They are shown ·here 

!Is sole discr<'illon, 

anim·th''' are ordered 

ar$ ootimates only. 

can tncrease so !ong as 

Propo~m1 ~ EP!A Recoostruct Run'way BL • 25R T oxlw•J[}u & Taxit"¥3y '\1' and. Constrt;ct New flt:txnllel T axtway & Connectors 

Soildt-at!Cf! No. 2:01:4~23 No.1 Rev-1004!2013 LM 
i( D£p 

f: 

To: Tommy Gonzalez 

City Manager, El Paso 

:iOO NQrth Campbell Street 

1:1 Pa11111, TX 79!101 

From: Ultimate Concrete, LLC 

RE: 810 PRtiTEST 

lffiER OF TRANSMITTAl 

Protellt of Award- SQlieitation No. 2014-523 

WE ARE SENDING YOU THE FOLLOWING ITEMS: 

REMARKS: Pleaiie slgn***Thanks 

DATE: Sept. 29, 2014 

RESPECTFULLY, 

JESSE GUZMAN 
Example: City of El Paso Purchase Order 

1. Division Identifier: All POs have the City of El Paso 

logo at the top left-hand corner. Below the logo is 

the name of the division that is sending the PO. 

2. 

3. 

4. 

Purchase Order Number: PeopleSoft 9.1 

automatically assigns the purchase order number. 

Payment Terms: Your agreed upon payment terms 

with the City of El Paso will be stated here. 

Buyer: The individual requesting the purchase order. 

5. Vendor: Is the company responsible for the order. 

6. Ship To: This address refers to the delivery location 

of the physical office within the City of El Paso 

Department 

7. Bill To: This is the address to submit the invoice to 

process the payment. 

8. Line Items: Items being requested on the purchase 

order. 

9. Quantity UOM: Quantity unit of measurement being 

requested. 

10. PO Price: Price on item depending on the unit of 

measurement. 

11. Authorized Signature: Purchase order is not valid 

without the signature. 

12. Total PO Amount: Total PO amount authorized. 

-0 

Citv of El Paso 

2 eM-~ Crmter Plaza 

Fln.anc.lal Servie:as 

El Paso TX 79931 

United States. 

0 Vendof;: 10000S7463 ~SPORTCONSULTANTBMERNATIONAtlNC $0 llNlON AV S 2ND FLOOR Gr 

AP.T 

Mu.wwrn o

t Ails Foa<o

El P<l~o TX

Utllt';ld St&

CRANFOf{O t4J Cm::tHl "SIIITo~ 

G? 

DEPARTM

CULTUM

2CfiflCCE

El..PASO 

Unll~ 

Stat

~ f¢«mmff y _I§LIIb;empilp; 11§1l®m flm!:ln.nls.hmtmt O

.Jr;c.St:!1 Ita~~ _ 1M9· TO ~-" ---- Q.ld~ tJ~ 

1- 1 ~apoo:t.;u:i= of ~ (?riii:ghti 

~"':'\_ 

!:nbcuad !OhiWi:f•(;! ot .. -:tworit !or \.!!:.,/'"" Xing C'thll<wtion "'rltihi.t. 

Inbound si~Q of"rii'>Vr!< tpr l<Jng Cdle~litm fll<hlb1~ 

~tlnd:t, 

NY W S Paso W.uawm o! Art, a ~ro. 'f)(, 

Pi¢kcp~ 

Mareh:Zi~:l$,21)13 

!)e.[fvety dates: April1 ~ 3, 201:> 

0 l,UORA 

Sch&dule Total 

111lrl1Total 00186 

Far o.dd!li011t:ll !~on cr;·lhlr, Pt.lft;;h~WS Order, plo<ao ooofud:M"!eh&el TOO\Cf at{$1&) 532·1707 or 

T~!filmiiDl!O~.gt:r~~ 

for bllliogW<ifmii!Wn, ph;:~&- !':>.'llllact na~el Orllitat {&15)54'1-4481 or~p. 

PlM$1l! nmilll'l~\l:lce wUhln flf.a!J!!; (1Q) d~ c4 ~to MCA0Flttell¢11'1!~~·Q!W· 

Cllyof8 Pii-~ T;l!i;i:~6Mp1 lD #7~0749 

A~ f'en;cnool; 

Dr. Mlcl!ae{T~r, EPMA~ 

Dr. Patl'ick SI13W OBl:rE, EPWA &li:if CUt;!'!fct 

Mlcttel!a lm<l.EfiMA Rogl;lrilr 

S}il\lla Ortlt, E?MACurot;ertn'! ~t;' 

Shlpto-S Paso MUll!tl.m of M 

Onahti FMMW:! ~ 

EJ Peso. IX 70tl01 

IIWT!Cfa Byl<~lfnu ~~ ~".., Oldw, tl» Cll;,t n•ilh"'"'""'"" 'ftt.t 1'111¢11ft- am' «fll ~- ~ ~ im! 11-y Mv+l

' !d• '4~l Oi" .. !>! • ~.(.bmJilib~r='<:f, 

At,jtfi04'IUJd Slgnatur<~ 

. 11 ~ . ..--___.:total Po 

Pun:hui!\gMe;t:~g.;r 

~ 

~~-

ttetre: Un~ ii!!l~ klllWIOi> 11;> ..-J<?t::lfie Coo$111:t, IH$ ~-order l:u\ltj~el ~ t/:>l. C~ of Ef Pa,.n\Hl..-.:la

aM GCI'tct~:J mnybll\1~ en O<X.,.~ ifl~Mt:·/O'I!Iw.l'lp•~·~~l. !>kJ;a~.,.r~r.ol>~ Purt.:!>u~ Ordl>r :<¢
City of El Paso- Purchasing Department 

This document will provide an overview on the process for a 

purchase order including the required information to request 

a purchase order from the City of El Paso departments. 

The departments will provide the required information to 

submit a requisition for a purchase order: 

1. Quantity 

2. Unit of Measurement 

3. Description, including size, color, finish or other detail 

or unique characteristics of item(s), or detail 

requirement 

4. Date specification prepared 

5. Supplier 

Once the requisition has been approved by the department 

and submitted electronically to purchasing; then the purchase 

order process begins with the procurement analyst. 

The department will proceed to notify the vendor ofthe 

status of the purchase order. 

As a registered vendor you will be in contact with the 

department requesting the purchase for status updates, 

payment and any other type of information relevant to goods 

and services delivered. 

•Identify the goo

are needed to m

•Determine dolla

expenditures w

whether the pu

be informal or f

•With the depar

method of purc

dollar amount, 

amount of flexi

•The solicitation 

the Procuremen

•The procureme

the approved p

requesting Dep

•The departmen

submit to the ve

•Upon receipt of 

order the goods 

delivered to the 

departments 
Example: City of El Paso Cancelled Purchase Order 

When canceling a purchase order the department 

will contact the vendor to confirm items have not 

been shipped and if the vendor requests a copy of 

the cancelled purchase order one will be made 

available via fax or e-mail. 

1. CANCELED PO: Will appear on top left-hand side of 

the box. 

2. Purchase Order: The purchase order remains the 

same number. 

3. CANCEL: Will appear on each line item that has been 

cancelled. 

4. Authorized Signature: The signature will authorize 

the cancelled purchase order. 

5. Total PO Amount: Will reflect the zero amount of 

the purchase order. 

City of El Po so 2 CP,ic Gent:.!r Pl'a;\:a 

Flrk!lneial Serviices BP~soTX7WDl United States 

Vendor: 100003452:9 

SIXTA JORDAN 

JORDAN 3;1.N0 & GRAVEL 

S. OR JORDAN MATERIALS 

PO BOX 22032Q 

EL PASO TX 79913 

!L~lS!bmt;ml~sg~!f~;.:o<mpt 10: 14600074'# f.lfa ro 

1-- 1 !J\R.Gl:! FI!<l:! l'..l..:il.'ii 

2- 1 £R!PPI00 

Cl<PD1-201JDO?lii? 

Payment Terms Fre

Ne~ 20 

Buyer --- 

Ri.cm. s,.,"'m:".> 

ShipTo: ZOO 

CITY Of E.. 

2(}1 WAS+UN

EL PASO TX 

t,iniMSt.ltB-S 

Bill To: 4001 E PA¥S

El P1i:SO TX 7

--

:w.coarr S~Tctal -T<>bl 

LDQZl\ 

Sohel:lule Total _T..., 

fOR AODmOit-\t INFORMATION CONCERN!NG-lHTS PURCHASE tlRZlER CONTACT: RUDtY CAST

FOR SILL!NG INFORMATION ON THIS PURCHASE ORUER, Pi.EASE CONTACT: 1BJ Wlt.SQN@ {9

mE CITY OF EL PASO !S TAX EXEMPT. TAXlD #74-{i000749 

~SV~IIII<:i'~onlo<,!neC:t:f_...,.~....,"""....,""oo<;~'fi""S ~ b:;i!ml!moyn..nlnol»

et.etr,. .... f>l5~!1®1t!(l M>Otor.W""'""..Wbr"'<>OI'<otlllk;<><~"''ctMroo'*"'otl~~ . "'*"'""'~<lor. 

Auihoriz.edSiani>1ur~ 

~~er 

~.,.,;;::::;;:;;:::=:--::_:~-:-;;:;.,:;;.:~='",;~~PO A

NOTe U!'l!w:·R~~ 1o ~til~ ~p;rif<eCoo!OO, m ~~rlo~ttllhi;Cllyof8P;;;W<; stsnttlltl 

and~l'rul)'tre~onC<X'~«l~lt.=ll.:w.N.'.~aoote:r;u.~. 

i'l:wserer~oe~C'ml
1. INVOICES & PAYMENTS 

A. The Contractor will submit invoices, in single copy, on each contract after each delivery. Invoices 

covering more than one purchase order will not be accepted. 

B. Invoices will be itemized, including serial number of unit; transportation charges, if any, will be 

listed separately. 

C. Invoices will reflect the Contract Number and the Purchase Order Number. 

D. Do not include Federal Tax, State Tax, or City Tax. The City will furnish a tax exemption 

certificate upon request. 

E. Discounts will be taken from the date of receipt of goods or date of invoice, whichever is later. 

F. A copy of the bill of lading and the freight waybill when applicable will be attached to the invoice. 

G. Payment will not be due until the above instruments are submitted after delivery and acceptance. 

H. Mail invoices to the City Department indicated in the Invoice Instructions set forth on the 

Purchase Order. 

I. Contractor shall advise the Comptroller of any changes in its remittance addresses. 

2. CONTRACTUAL RELATIONSHIP 

Nothing herein will be construed as creating the relationship of employer and employee between the 

City and the Contractor or between the City and the Contractor's employees. The City will not be 

subject to any obligations or liabilities of the Contractor or his employees incurred in the 

performance of the contract unless otherwise herein authorized. The Contractor is an independent 

Contractor and nothing contained herein will constitute or designate the Contractor or any of his 

employees as employees of the City. Neither the Contractor nor his employees will be entitled to any 

of the benefits established for City employees, nor be covered by the City's Workers' Compensation 

Program. 

3. INDEMNIFICATION [Rev. 04-15-99] [Rev. 01-04-04] 

Contractor or its insurer will INDEMNIFY, DEFEND AND HOLD the City, its officers, agents 

and employees, HARMLESS FOR AND AGAINST ANY AND ALL CLAIMS, CAUSES OF ACTION, 

LIABILITY, DAMAGES OR EXPENSE, (INCLUDING BUT NOT LIMITED TO ATTORNEY FEES 

AND COSTS) FOR ANY DAMAGE TO OR LOSS OF ANY PROPERTY, OR ANY ILLNESS, INJURY, 

PHYSICAL OR MENTAL IMPAIRMENT, LOSS OF SERVICES, OR DEATH TO ANY PERSON 

ARISING OUT OF OR RELATED TO THIS AGREEMENT. Without modifying the conditions of 

preserving, asserting or enforcing any legal liability against the City as required by the 

City Charter or any law, the City will promptly forward to Contractor every demand, notice, 

summons or other process received by the City in any claim or legal proceeding 

contemplated herein. Contractor will 1) investigate or cause the investigation of accidents 

or occurrences involving such injuries or damages; 2) negotiate or cause to be negotiated 

the claim as the Contractor may deem expedient; and 3) defend or cause to be defended 

on behalf of the City all suits for damages even if groundless, false or fraudulent, brought 

because of such injuries or damages. Contractor will pay all judgments finally establishing 

liability of the City in actions defended by Contractor pursuant to this section along with 

all attorneys' fees and costs incurred by the City including interest accruing to the date of 

payment by Contractor, and premiums on any appeal bonds. The City, at its election, will 

have the right to participate in any such negotiations or legal proceedings to the extent of 

its interest. The City will not be responsible for any loss of or damage to the Contractor's 

property from any cause. 

4. GRATUITIES 

The City may, by written notice to the Contractor, cancel this contract without liability to Contractor 
if it is determined by the City that gratuities, in the form of entertainment, gifts, or otherwise, were 

offered or given by the Contractor, or any agent or representative of the Contractor, to any officer or 

employee of the City of El Paso with a view toward securing a contract or securing favorable 

treatment with respect to the awarding or amending, or the making or any determinations with 

respect to the performing of such a contract. In the event this contract is canceled by the City 

pursuant to this provision, the City shall be entitled, in addition to any other rights and remedies, to 

recover or withhold the amount of the cost incurred by the Contractor in providing such gratuities. 

5. WARRANTY-PRICE 

A. The price to be paid by the City will be that contained in the Contractor's bid which the Contractor 

warrants to be no higher than Seller's current prices on orders by others for products of the kind 

and specification covered by this contract for similar quantities under similar or like conditions 

and methods of purchase. In the event Contractor breaches this warranty the prices of the items 

will be reduced to the Contractor's current prices on orders by others, or in the alternative, the 

City may cancel this contract without liability to Contractor for breach or Contractor's actual 

expense. 

B. The Contractor warrants that no person or selling agency has been employed or retained to solicit 

or secure this contract upon ah agreement or understanding for commission, percentage, 

brokerage, or contingent fee excepting bona fide employees of bona fide established commercial 

or selling agencies maintained by the Contractor for the purpose of securing business. For 

breach or violation of this warranty the City will have the right in addition to any other right or 

rights to cancel this contract without liability and to deduct from the contract price, or otherwise 

recover the full amount of such commission, percentage, brokerage or contingent fee. 

6. RIGHT TO ASSURANCE 

Whenever one party to this contract in good faith has reason to question the other party's intent to 

perform, he may demand that the other party give written assurance of his intent to perform. In the 

event that a demand is made and no assurance is given within five (5) calendar days, the demanding 

party may treat this failure as an anticipatory repudiation of the contract. 

7. TERMINATION [Rev. 06/07 /97] 

A. Termination for Convenience: The City of El Paso may terminate this contract, in whole or in 

part, at any time by written notice to the Contractor. The Contractor will be paid its costs, 

including the contract close out costs, and profit on work performed up to the time of 

termination. The Contractor will promptly submit its termination claim to the City of El Paso to 

be paid the Contractor. If the Contractor has any property in its possession belonging to the City 

of El Paso, the Contractor will account for the same, and dispose of it in the manner the City of El 

Paso directs. 

B. Termination for Default: If the Contractor fails to comply with any provision of the contract 

the City of El Paso may terminate this contract for default. Termination shall be effected by 

serving a notice of intent to terminate the contract setting forth the manner in which the 

Contractor is in default. The Contractor will be given an opportunity to correct the problem 

within a reasonable time before termination notice is rendered. The Contractor will only be paid 

the contract price for supplies delivered and accepted, or services performed in accordance with 

the manner of performance set forth in the contract. The City shall have the right to immediately 

terminate the Contract for default if the Contractor violates any local, state, or federal laws, rule 

or regulations that relate to the performance of this Agreement. 

8. ADDITIONAL REMEDIES [New 12/96] 

If the City terminates the contract because the Contractor fails to deliver goods as required by the 

contract, the City shall have all of the remedies available to a buyer pursuant to the UNIFORM 

COMMERCIAL CODE including the right to purchase the goods from another vendor in substitution for 

those due from the Contractor. The cost to cover shall be the cost of substitute goods determined by 
informal or formal procurement procedures as required by the Local Government Code. The City 

may recover the difference between the cost of cover and the contract cost by deducting the same 

from amounts owed to Contractor for goods delivered prior to termination or any other lawful means. 

9. TERMINATION FOR DEFAULT BY CITY [Rev. 06/09/97] 

If the City fails to perform any of its duties under this contract, Contractor may deliver a written 

notice to the Purchasing Director describing the default, specifying the provisions of the contract 

under which the Contractor considers the City to be in default and setting forth a date of termination 

not sooner than 90 days following receipt of the Notice. The Contractor at its sole option may extend 

the proposed date of termination to a later date. If the City fails to cure such default prior to the 

proposed date of termination, Contractor may terminate its performance under this Contract as of 

such date. 

10. FORCE MAJEURE [Rev. 06/07 /97] 

If, by reason of Force Majeure, either party bereto will be rendered unable wholly or in part to carry 

out its obligations under this Contract then such party will give notice and full particulars of such 

Force Majeure in writing to the other party within a reasonable time after occurrence of the event or 

cause relied upon, and the obligation of the party giving such notice, so far as it is affected by such 

Force Majeure, will be suspended for only thirty (30) days during the continuance of the inability 

then claimed, except as hereinafter provided, but for no longer period, and such party will try to 

remove or overcome such inability with all reasonable dispatch. 

The term Force Majeure as employed herein, will mean acts of God, strikes, lockouts, or other 

industrial disturbances, acts of public enemies, orders of any kind of government of the United 

States or the State of Texas or any civil or military authority, insurrections, riots, epidemics, 

landslides, lightning, earthquake, fires, hurricanes, storms, floods, washouts, droughts, arrests, 

restraint of government and people, civil disturbances, explosions, breakage or accidents to 

machinery, pipelines, or canals. It is understood and agreed that the settlement of strikes and 

lockouts will be entirely within the discretion of the party having the difficulty, and that the above 

requirement that any Force Majeure will be remedied with all reasonable dispatch will not require the 

settlement of strikes and lockouts by acceding to the demands of the opposing party or parties when 

such settlement is unfavorable in the judgment of the party having the difficulty. If a party is unable 

to comply with the provisions of this contract by reason of Force Majeure for a period beyond thirty 

days after the event or cause relied upon, then upon written notice after the thirty (30) days, the 

affected party shall be excused from further performance under this contract. 

11. ASSIGNMENT-DELEGATION 

No right or interest in this contract will be assigned or delegation of any obligation made by the 

Contractor without the written permission of the City. Any attempted assignment or delegation by 

the Contractor will be wholly void and totally ineffective for all purposes unless made in conformity 

with this paragraph. 

12. WAIVER 

No claim or right arising out of a breach of this contract can be discharged in whole or in part by a 

waiver or renunciation of the claim or right unless the waiver or renunciation is supported by 

consideration and is in writing signed by the aggrieved party. 

13. INTERPRETATION-PAROL EVIDENCE 

This writing is intended by the parties as a final expression of their agreement and is intended also 

as a complete and exclusive statement of the terms of their contract. No course of prior dealings 

between the parties and no usage of the trade will be relevant to supplement or explain any term 

used in this contract. Acceptance or acquiescence in a course of performance rendered under this 

contract will not be relevant to determine the meaning of this contract even though the accepting or 
acquiescing party has knowledge of the performance and opportunity for objection. Whenever a 

term defined by the Uniform Commercial Code is used in this contract, the definition contained in the 

Code is to control. 

14. APPLICABLE LAW 

The law of the State of Texas will control this contract along with any applicable provisions of Federal 

law or the City Charter or any ordinance of the City of El Paso. 

15. ADVERTISING 

Contractor will not advertise or publish, without the City's prior consent, the fact that the City has 

entered into this contract, except to the extent necessary to comply with proper requests for 

information from an authorized representative of the federal, state or local government. 

16. AVAILABILITY OF FUNDS 

The awarding of this contract is dependent upon the availability of funding. In the event that funds 

do not become available the contract may be terminated or the scope may be amended. A 30-day 

written notice will be given to the vendor and there will be no penalty nor removal charges incurred 

by the City. 

17. VENUE 

Both parties agree that venue for any litigation arising from this contract will lie in El Paso, El Paso 

County, Texas. 

18. ADDITIONAL REMEDY FOR HEALTH OR SAFETY VIOLATION 

If the Director of Purchasing determines that Contractor's default constitutes an immediate threat to 

the health or safety of City employees or members of the public he may give written notice to 

Contractor of such determination giving Contractor a reasonable opportunity to cure the default 

which shall be a period of time not less than 24 hours. If the Contractor has not cured the violation 

within the time stated in the notice, the City shall have the right to terminate the contract 

immediately and obtain like services as necessary to preserve or protect the public health or safety 

from another vendor in substitution for those due from the Contractor at a cost determined by 

reasonable informal procurement procedures. The City may recover the difference between the cost 

of substitute services and the contract price from Contractor as damages. The City may deduct the 

damages from Contractor's account for services rendered prior to the Notice of Violation or for 

services rendered by Contractor pursuant to a different contract or pursue any other lawful means of 

recovery. The failure of the City to obtain substitute services and charge the Contractor under this 

clause is not a bar to any other remedy available for default. 

19. COMPREHENSIVE GENERAL LIABILITY INSURANCE 

For the duration of this contract and any extension hereof, Contractor shall carry in a solvent 

company authorized to do business in Texas, comprehensive general liability insurance in the 

following amounts: 

$1,000,000.00- Per Occurrence 

$1,000,000.00- General Aggregate 

$1,000,000.00- Products/Completed Operations-Occurrence & Aggregate 

With respect to the above-required insurance, the City of El Paso and its officers and employees shall 

be named as additional insured as their interests may appear. The City shall be provided with sixty 

(60) calendar days advance notice, in writing, of any cancellation or material change. The City shall 

be provided with certificates of insurance evidencing the above required insurance prior to the 

commencement of this contract and thereafter with certificates evidencing renewal or replacement of 
said policies of insurance at least fifteen (15) calendar days prior to the expiration or cancellation of 

any such policies. 

Notices and Certificates required by this clause shall be provided to: 

City of El Paso 

Purchasing & Strategic Sourcing Department 

300 N. Campbell 

E/Paso, Texas 79901 

Please refer to Bid Number/Contract Number and Title in all correspondence. Failure to submit 

insurance certification may result in contract cancellation. 

20. WORKERS' COMPENSATION 

For the duration of this contract and any extension hereof, Contractor shall carry Workers' 

Compensation and Employers' Liability Insurance in the amount required by Texas law: 

$500,000.00. Out-of-state Contractors that provide goods through US mail, UPS, etc. are exempt 

from this requirement. 

21. COMPLIANCE WITH NON-DISCRIMINATION LAWS 

The Contractor agrees that it, its employees, officers, agents, and subcontractors, will comply with 

all applicable federal and state laws and regulations and local ordinances of the City of El Paso in the 

performance of this Contract, including, but not limited to, the American with Disabilities Act, the 

Occupational Safety and Health Act, or any environmental laws. 

The Contractor further agrees that it, its employees, officers, agents, and subcontractors will not 

engage in any employment practices that have the effect of discriminating against employees or 

prospective employees because of sex, race, religion, age, disability, ethnic background or national 

origin, or political belief or affiliation of such person, or refuse, deny, or withhold from any person, 

for any reason directly or indirectly, relating to the race, gender, gender identity, sexual orientation, 

color, religion, ethnic background or national origin of such person, any of the accommodations, 

advantages, facilities, or services offered to the general public by place of public accommodation. 

22. RIGHT TO AUDIT 

The Contractor agrees that the City shall, until the expiration of three (3) years after final payment 

under this Contract, have access to and the right to examine and copy any directly pertinent books, 

computer and digital files, documents, papers, and records of the Contractor involving transactions 

relating to this Contract. Contractor agrees that the City shall have access during normal working 

hours to all necessary Contractor facilities, and shall be provided adequate and appropriate 

workspace in order to conduct audits in compliance with the provisions of this section. The City shall 

give Contractor reasonable advance notice of intended audits. The City will pay Contractor for 

reasonable costs of any copying the City performs on the Contractor's equipment or requests the 

Contractor to provide. The Contractor agrees to refund to the City any overpayments disclosed by 

any such audit. 

The Contractor agrees that it will include this requirement into any subcontract entered into in 

connection with this Contract. 

23. CONTRACTOR TO PACKAGE GOODS 

The Contractor will package goods according to good commercial practice. Each shipping container 

will be clearly and permanently marked as follows: (a) Contractor's name and address; (b) 

Consignee's name, address and purchase order; (c) Container number and total number of 

containers, e.g., "box 1 of 4 boxes"; and (d) the number of the container bearing the packing 

slip. The Contractor will bear cost of packaging unless otherwise provided. Goods will be suitably 
packed to secure lowest transportation costs and to conform to requirements of common carriers and 

any applicable specifications. The City's count or weight will be final and conclusive on shipments 

not accompanied by packing lists. 

24. SHIPMENT UNDER RESERVATION PROHIBITED 

The Contractor is not authorized to ship the goods under reservation and no tender of a bill of lading 

will operate as a tender of goods. 

25. DELIVERY TERMS AND TRANSPORTATION CHARGES 

F.O.B. Destination Freight Prepaid unless delivery terms are specified otherwise in bid; the City 

agrees to reimburse the Contractor for transportation costs in the amount specified in the 

Contractor's bid, or actual costs, whichever is lower, if the quoted delivery terms do not include 

transportation costs, provided the City will have the right to designate what method of transportation 

will be used to ship the goods. 

26. TITLE & RISK OF LOSS 

The title and risk of loss of the goods will not pass to the City until the City actually receives and 

takes possession of the goods at the point or points of delivery. 

27. RIGHT OF INSPECTION 

The City will have the right to inspect the goods at delivery before accepting them. 

28. NO REPLACEMENT OF DEFECTIVE TENDER 

Every tender or delivery of goods must fully comply with all provisions of this contract as to time of 

delivery, quality and the like. If a tender is made which does not fully conform, this will constitute a 

breach and the Contractor will not have the right to substitute a conforming tender, provided, where 

the time for performance has not yet expired, the Contractor may reasonably notify the City of his 

intention to cure and may then make a conforming tender within the contract time but not afterward. 

29. PLACE OF DELIVERY 

The place of delivery will be that set forth in the solicitation. The terms of this contract are "no 

arrival, no sale." 

30. WARRANTY-PRODUCT 

The Contractor will not limit or exclude any implied warranties and any attempt to do so will render 

this contract voidable at the option of the City. Contractor warrants that the goods furn·lshed will 

conform to the specifications, drawings and descriptions listed in the bid invitation, and to the 

sample(s) furnished by Contractor, if any. In case of a conflict between the specifications, drawings 

and descriptions, the drawings and descriptions will govern. 

31. SAFETY WARRANTY 

Contractor warrants that the product sold to the City will conform to the standards promulgated by 

the US Department of Labor under the Occupational Safety and Health Act of 1970. In the event the 

product does not conform to OSHA standards, the City may return the product for correction or 

replacement at the Contractor's expense. In the event the Contractor fails to make the appropriate 

correction within reasonable time, correction made by the City will be at the Contractor's expense. 

32. NO WARRANTY BY THE CITY AGAINST INFRINGEMENTS 
As part of this contract for sale Contractor agrees to ascertain whether goods manufactured 

according to the specifications attached to this contract will cause the rightful claim of any third 

person by way of infringement or the like. The City makes no warranty that the production of goods 

according to the specification will not give rise to such a claim and in no event will the City be liable 

to the Contractor for indemnification if Contractor is sued on the grounds of infringement or the 

like. If Contractor is of the opinion that an infringement or the like will result, he will notify the City 

to this effect in writing within two weeks after the signing of this contract. If the City does not 

receive notice and is subsequently held liable for the infringement or the like, the Contractor will 

save the City harmless (if the Contractor in good faith ascertains that production of goods according 

to the specifications will result in infringement or the like, this contract will be null and void except 

that the City will pay the Contractor the reasonable cost of his search as to infringements). 

33. FTA Clause {Applies to any Purchase Order using Federal funds) 

A. Anti-Kickback Rules Salaries of contractors, architects, draftsmen, technical engineers, and 

technicians performing work under this Agreement shall be paid unconditionally and not less 

often than once a month without deduction or rebate on any account except only such payroll 

deductions as are mandatory by law or permitted by the applicable regulations issued by the 

Secretary of Labor pursuant to the "Anti-Kickback Act" of June 13, 1934 (48 Stat. 948; 62 Stat. 

740; 63 Stat. 108; Title 18 U.S.C., Sec. 874; and Title 40 U.S.C., Sec. 276c). The Contractor 

shall comply with all applicable "Anti-Kickback" regulations and shall insert appropriate provisions 

in all subcontracts covering work under this Agreement to ensure compliance by subcontractors 

with such regulations, and shall be responsible for the submission of affidavits required of 

subcontractors thereunder except as the Secretary of Labor may specifically provide for 

variations of or exemptions from the requirements thereof. 

B. Disadvantaged Business Enterprise The goal for Disadvantaged Business Enterprise {DBE) 

participation for this project is ten percent {10%). 

1. Policy: It is the policy of the Department of Transportation (DOT) that disadvantaged business 

enterprises as defined in 49 CFR Part 23, and as amended in Section 1061(c) of the Surface 

Transportation and Uniform Relocation Assistance Act of 1987, shall have the maximum 

opportunity to participate in the performance of contracts financed in whole or part with federal 

funds under this Agreement. Consequently, the DBE requirements of 49 CFR Part 23 and 

Section 1061(c) of the Surface Transportation and Uniform Relocation Assistance Act of 1987 

apply to this Agreement. 

2. DBE Obligation: The Contractor or its representative agrees to ensure that disadvantaged 

business enterprises as defined in 49 CFR Part 23 and Section 1061(c) of the Surface 

Transportation and Uniform Relocation Assistance Act of 1987 have the maximum opportunity 

to participate in the performance of contracts and subcontracts financed in whole or in part with 

federal funds provided under this Agreement. In this regard, the Contractor or its 

representative shall take all the necessary and reasonable steps in accordance with 49 CFR Part 

23 and Section 1061(c) of the Surface Transportation and Uniform Relocation Assistance Act of 

1987 to ensure that DBEs have the maximum opportunity to compete for and perform 

contracts. The Contractor shall not discriminate on the basis of race, religion, color, national 

origin, age, disability, or sex in the award and performance of DOT-assisted contracts. 

Part 23 and Section 1061(c) of the Surface Transportation and Uniform Relocation Assistance Act of 

1987 apply to this Agreement. 

C. Title VI Compliance During the performance of this Agreement, 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 shall comply with the regulations relative to 

nondiscrimination in federally-assisted programs of the Department of Transportation, Title 49, 

Code of Federal Regulations, Part 21, as they may be amended from time to time (hereinafter 
referred to as the "Regulations") which are herein incorporated by reference and made a part 

of this Agreement. 

2. Nondiscrimination: The Contractor, with regard to the work performed by it during the 

Agreement, and in accordance with Title VI of the Civil Rights Act, as amended, 42 U.S.C. 

§2000d, Section 303 of the Age Discrimination Act, as amended, 42 U.S.C. §6102 Section of 

the Americans with Disabilities Act, 42 U.S.C. §12132, and Federal Transit Law at 49 U.S.C. 

§5332, shall not discriminate on the grounds of race, religion, color, creed, sex, age, disability, 

or national origin in the selection and retention of subcontractors, including procurements of 

materials and leases of equipment. The Contractor shall not participate either directly or 

indirectly in the discrimination prohibited by Section 21.5 of the Regulations, including 

employment practices when the contract covers a program set forth in Appendix B of the 

Regulations. 

3. Solicitations for Subcontracts, Including Procurements of Materials and 

Equipment: In all solicitations either by competitive bidding or negotiation made by the 

Contractor for work to be performed under a subcontract, including procurements of materials 

or leases of equipment, each potential subcontractor, or supplier, shall be notified by the 

Contractor of the Contractor's obligations under this Agreement and the Regulations relative to 

nondiscrimination on the grounds of race, religion, color, sex, age, disability, or national origin. 

4. Information and Reports: The Contractor shall provide all information and reports required 

by the Regulations or directives issued pursuant thereto, and shall permit access to its books, 

records, accounts, other sources of information, and its facilities as may be determined by the 

Owner or the Federal Transit Administration (FTA) to be pertinent to ascertain compliance with 

such Regulations, orders and instructions. Where any information is required, or the Contractor 

has knowledge of an employee who fails or refuses to furnish this information, the Contractor 

shall so certify to the Owner or the FTA, as appropriate, and shall set forth what efforts it has 

made to obtain the information. 

5. Sanctions for Noncompliance: In the event of the Contractor's noncompliance with the 

nondiscrimination provisions of this Agreement, the Owner shall impose such agreement 

sanctions as it or the FTA may determine to be appropriate, including, but not limited to: 

a) Withholding of payments to the Contractor under the Agreement until the Contractor 

complies; and/or, 

b) Cancellation, termination, or suspension of the Agreement, in whole or in part. 

6. Incorporation of Provisions: The Contractor shall include the provisions of paragraphs I 

through 6 of this section in every subcontract, including procurements of materials and leases 

of equipment, unless exempt by the Regulations, or directives issued pursuant thereto. The 

Contractor shall take such action with respect to any subcontract or procurement as the Owner 

or the FTA may direct as a means of enforcing such provisions including sanctions for 

noncompliance. Provided, however, that in the event the Contractor becomes involved in, or is 

threatened with, litigation with a subcontractor or supplier as a result of such direction, the 

Contractor may request the Owner to enter into such litigation to protect the interests of the 

Owner, and, in addition, the Contractor may request the services of the Attorney General in 

such litigation to protect the interest of the United States. 

D. Interest of Members of, or Delegates to, Congress In accordance with 18 U.S. C., Sec. 431, 

no member of, or delegates to, the Congress of the United States shall be admitted to a share of 

part of this Agreement or any benefit arising therefrom. 

E. Lobbying The Contractor certifies, to the best of his or her knowledge and belief, that: 

1. Federal Appropriated Funds: No Federal appropriated funds have been paid or will be paid, 

by or on behalf of the undersigned, to any person for influencing or attempting to influence an 

officer or employee of an agency, a Member of Congress, an officer or employee of Congress, 

or an employee of a Member of Congress in connection with the awarding of any Federal 

contract, the making of any Federal grant, the making of any Federal loan, the entering into of 

any cooperative agreement, and the extension, continuation, renewal, amendment, or 

modification of any Federal contract, grant, loan, or cooperative agreement. 

2. Other Funds: If any funds other than Federal appropriated funds have been paid or will be 

paid to any person for making lobbying contacts to an officer or employee of any agency, a 
Member of Congress, an officer or employee of Congress, or an employee of a Member of 

Congress in connection with this Federal contract, grant, loan, or cooperative agreement, the 

undersigned shall complete and submit Standard Form--LLL, "Disclosure Form to Report 

Lobbying," in accordance with its instructions [as amended by "Government wide Guidance for 

New Restrictions on Lobbying," 61 Fed. Reg. 1413 (1/19/96). Note: Language in paragraph (b) 

herein has been modified in accordance with Section 10 of the Lobbying Disclosure Act of 1995 

(P.L. 104-65, to be codified at 2 U.S.C. 1601, et seq.)] 

3. Required Language [Sub awards]: The Contractor shall require that the language of this 

certification be included in the award documents for all sub awards at all tiers (including 

subcontracts, sub grants, and contracts under grants, loans, and cooperative agreements) and 

that all sub recipients shall certify and disclose accordingly. 

This certification is a material representation of fact upon which reliance was placed when this 

transaction was made or entered into. Submission of this certification is a prerequisite for 

making or entering into this transaction imposed by 31, U.S.C. § 1352 (as amended by the 

Lobbying Disclosure Act of 1995). 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. 

F. Davis-Bacon Wages In preparation of his cost estimates and the Project budget, described in 

Sec. VI, Part C., and Sec. VI, Part D., hereof, the Contractor shall base such estimates and the 

project budget on the premise that the regulations and requirements enumerated in 29 CFR Part 

5, Subpart A (Davis-Bacon and Related Act) apply to the project and must be followed and 

obeyed by the selected contractor. 

G. Conservation The Contractor shall recognize mandatory standards and policies relating to 

energy efficiency which are contained in the State energy conservation plan issued in compliance 

with the Energy Policy and Conservation Act, 42 U.S.C., Sec.6321, et seq. The Energy 

Conservation requirements are applicable to all contracts. 

H. Reporting. Record Retention and Access 

1. Access to Records: The Contractor agrees to provide the Owner, the FTA Administrator, the 

Comptroller General of the United States or any of their authorized representatives access to 

any books, documents, papers and records of the Contractor which are directly pertinent to this 

contract for the purposes of making audits, examinations, excerpts and 

transcriptions. Contractor also agrees, pursuant to 49 C.F.R. 633.17 to provide the FTA 

Administrator or his authorized representatives, including any PMO Contractor, access to 

Contractor's records and construction sites pertaining to a major capital project, defined at 49 

U.S.C. 5302(a)1, which is receiving federal financial assistance through the programs described 

at 49 U.S.C. 5307, 5309, or 5311. The Contractor agrees to permit any of the foregoing parties 

to reproduce by any means whatsoever or to copy excerpts and transcriptions as reasonably 

needed. 

2. Maintenance of Records: The Contractor agrees to maintain all books, records, accounts and 

reports required under this contract for a period of not Jess than three years after the date of 

termination or expiration of this contract, except in the event of litigation or settlement of 

claims arising from the performance of this contract, in which case Contractor agrees to 

maintain same until the Owner, the FTA Administrator, the Comptroller General, or any of their 

duly authorized representatives, have disposed of all such litigation, appeals, claims or 

exceptions related thereto. 

I. Clean Water Requirements 

1. The Contractor agrees to comply with all applicable standards, orders or regulations issued 

pursuant to the Federal Water Pollution Control Act, as amended, 33 U.S.C. 1251 et ~ and 

further agrees to report each violation of these requirements resulting from any Project 

implementation activity of the Contractor to the FTA and the appropriate EPA Regional Office. 

2. The Contractor also agrees to include these requirements in all of its subcontracts. 
J. Clean Air 

1. The Contractor agrees to comply with all applicable standards, orders or regulations issued 

pursuant to the Clean Air Act, as amended, 42 U.S.C. §§ 7401 et ~ and further agrees to 

report each violation of these requirements resulting from any Project implementation activity 

of the Contractor to the FTA and the appropriate EPA Regional Office. 

2. The Contractor also agrees to include these requirements in subcontract. 

K. Conflict of Interest No employee, officer, or agent of the Owner shall participate in selection, 

or in the award or administration of an agreement if a conflict of interest, real or apparent, would 

be involved. Such a conflict would arise when: 

1. The employee, officer or agent. 

2. Any member of his immediate family, 

3. His or her partner, or 

4. An organization which employs, or is about to employ, has a financial or other interest in the 

firm selected for award. 

The Owner's officers, employees, or agents shall neither solicit nor accept gratuities, favors or 

anything of monetary value from the Contractor, potential contractors, or parties of 

subcontracts. 

L. Debarred The Contractor, including any of its officers or holders of a controlling interest, is 

obligated to inform the Owner whether or not it, or any or its subcontractors or agents, is or has 

been on any debarred bidders' list maintained by the United States government. Should the 

Contractor be included on such a list during the performance of this Project, it shall so inform the 

Owner. The Contractor hereby certifies that it and its subcontractors are not presently debarred, 

suspended, proposed for debarment, declared ineligible, or voluntarily excluded from any of the 

covered transactions by any Federal Department or agency. 

M. Termination of Grant Should this Agreement be terminated as a result of cancellation of 

federal funding covering this Project, the Owner will promptly notify the Contractor of the 

cancellation by certified mail-return receipt requested, whereupon the Contractor shall 

immediately, on receipt of the letter, cease and desist from performing any other work or 

services hereunder. In such an event, the Contractor will be paid for professional services 

performed to said date upon furnishing the Owner a progress report and an invoice to such date, 

and upon acceptance of the work by the Owner. 

N. Federal Changes Contractor shall at all times comply with all applicable FTA regulations, 

policies, procedures and directives, including without limitation those listed directly or by 

reference in the Agreement (Form FTA MA (2) dated October, 1995) between Owner and FTA, as 

they may be amended or promulgated from time to time during the term of this contract. 

Contractor's failure to so comply shall constitute a material breach of this contract. 

0. No Obligation bv the Federal Government. 

1. The Contractor acknowledges and agrees that, notwithstanding any concurrence by the Federal 

Government in or approval of the solicitation or award of the underlying contract, absent the 

express written consent by the Federal Government, the Federal Government is not a party to 

this contract and shall not be subject to any obligations or liabilities to the Owner. Contractor, 

or any other party (whether or not a party to that contract) pertaining to any matter resulting 

from the underlying contract. 

2. The Contractor agrees to include the above clause in each subcontract financed in whole or in 

part with Federal assistance provided by FTA. It is further agreed that the clause shall not be 

modified, except to identify the subcontractor who will be subject to its provisions. 

P. Program Fraud and False or Fraudulent Statements or Related Acts. 

1. The Contractor acknowledges that the provisions of the Program Fraud Civil Remedies Act of 

1986, as amended, 31 U.S.C. § § 3801 et seq. and U.S. DOT regulations, "Program Fraud Civil 
Remedies," 49 C.F.R. Part 31, apply to its actions pertaining to this Project. Upon execution of 

the underlying contract, the Contractor certifies or affirms the truthfulness and accuracy of any 

statement it has made, it makes, it may make, or causes to be made, pertaining to the 

underlying contract or the FTA assisted project for which this contract work is being performed. 

In addition to other penalties that may be applicable, the Contractor further acknowledges that 

if it makes, or causes to be made, a false, fictitious, or fraudulent claim, statement, submission, 

or certification, the Federal Government reserves the right to impose the penalties of the 

Program Fraud Civil Remedies Act of 1986 on the Contractor to the extent the Federal 

Government deems appropriate. 

2. The Contractor also acknowledges that if it makes, or causes to be made, a false, fictitious, or 

fraudulent claim, statement, submission, or certification to the Federal Government under a 

contract connected with a project that is financed in whole or in part with Federal assistance 

originally awarded by FTA under the authority of 49 U.S.C. § 5307, the Government reserves 

the right to impose the penalties of 18 U.S.C. § 1001 and 49 U.S.C. § Government deems 

appropriate. 

3. The Contractor agrees to include the above two clauses in each subcontract financed in whole 

or in part with Federal assistance provided by FTA. It is further agreed that the clauses shall not 

be modified, except to identify the subcontractor who will be subject to the provisions. 

Q. Incorporation of Federal Transit Administration (FTAl Terms The preceding provisions 

include, in part, certain Standard Terms and Conditions required by DOT, whether or not 

expressly set forth in the preceding contract provisions. All contractual provisions required by 

DOT, as set forth in FTA Circular 4220.1E, dated June 19, 2003, are hereby incorporated by 

reference. Anything to the contrary herein notwithstanding, all FTA mandated terms shall be 

deemed to control in the event of a conflict with other provisions contained in this Agreement. 

The Contractor shall not perform any act, fail to perform any act, or refuse to comply with any 

requests from Owner which would cause Owner to be in violation of the FTA terms and 

conditions. 

R. Protest Procedures In the event that a bidder or Proposer desires to protest the procurement 

(bid or proposal) or an award, the following procedures must be followed: 

1. General Any protest must be submitted in writing. A fax is allowable as long as a formal 

written document with original signatures is also submitted. The outside of the transmittal 

envelope must be clearly marked "PROTEST". All protests shall clearly state the name of the 

protester, the solicitation, bid or contract title and number. The protest must be fully supported 

by technical data or other pertinent information that will delineate why the protest is being 

lodged. Protests flied after the deadline shall be dismissed. 

The City of El Paso's objective is to resolve all formal protests as soon as practical. Nothing in 

this procedure should be construed as requiring a formal protest if a vendor wishes to clarify or 

discuss standards or procedures relating to the procurement process. 

1.1 Submission for Protest of Procurement Any protest of the procurement must be 

submitted in writing to the City Procurement Representative and received no later than 

five (5) working days before the scheduled closing date for receipt of proposals or 

bids. This includes protests based upon: 

Restrictive or exclusionary specifications, 

Challenges to the bid or proposal specifications, 

Evaluation procedures, 

Terms and conditions of the solicitation package. 

1.2 Submission for Protest of Award Any protest of the award must be submitted in 

writing to the City Procurement Representative received by no later than five (5) 

working days (exclusive of Saturday, Sunday, and federal and other holidays observed 

by the City of El Paso) after receipt of notice of the award. 
1.3 Response The City Procurement Representative shall respond to the protest within five 

(5) working days (exclusive of Saturday, Sunday, and federal and other holidays 

observed by the City of El Paso) from the receipt date of the written protest. 

1.4 FTA Notification- Upon receipt of a protest, the City Procurement Representative shall 

notify FTA of the protest. All protest activities will be logged in the Procurement 

Narrative. 

Options- The City Procurement Representative has the option to: 

Extend the time provided for each step of the protest procedure, 

Postpone the bid or proposal opening, 

Extend the date of notice of award, or 

Postpone the award of contract if deemed appropriate for protest resolution. 

All active parties will be notified in writing if an option is elected. 

2. Appeal of Determination If the City Procurement Representative's response is not 

satisfactory. the protester may appeal in writing to the City Manager of El Paso within five (5) 

working days (exclusive of Saturday. Sunday, and federal and other holidays observed by the 

City of El Paso) from the date of receipt of the Procurement Representative's response. The 

City Manager will respond in writing within ten (10) working days (exclusive of Saturday, 

Sunday, and federal and other holidays observed by the Citv of El Paso) from the date of 

receipt of appeal. 

The decision rendered by the City Manager shall be the final decision of the City of El Paso. 

3. FTA Review of Protest Federal Transit Administration's (FTA) protest procedures are found in 

FTA Circular 4220. 1E. If federal funding is involved, FTA will review protests from a third party 

only when: 

The City failed to have or follow its protest procedures, or 

The City failed to review a complaint or filrotest. 

Violations of federal law or regulations and the standards of 49 CFR Part 

18.36(b)(12). 

The FTA regional office must receive an appeal within five (5) working days of the receipt of the 

decision of the City by the protester. 

A protester must exhaust all administrative remedies with the City before pursuing a protest with 

FTA. 

Violations of Federal law or regulation will be handled by the complaint process stated within that 

law or regulation. Violations of State or local law or regulations will be under the jurisdiction of 

State or local authorities. 

S. Buy America Requirements The contractor agrees to comply with 49 U.S.C. 5323(j) and 49 

C.F.R. Part 661, which provide that Federal funds may not be obligated unless steel, iron, and 

manufactured products used in FTA-funded projects are produced in the United States, unless a 

waiver has been granted by FTA or the product is subject to a general waiver. General waivers 

are listed in 49 C.F.R. 661.7, and include microcomputer equipment and software. Separate 

requirements for rolling stock are set out at 49 U.S.C. 5323(j)(2)(C) and 49 C.F.R. 661.11. 

Rolling stock must be assembled in the United States and have a 60 percent domestic content. 

A bidder or offeror must submit to the FTA recipient the appropriate Buy America certification with all 

bids or offers on FTA-funded contracts, except those subject to a general waiver. Bids or offers that 

are not accompanied by a completed Buy America certification must be rejected as nonresponsive. 

This requirement does not apply to lower tier subcontractors. 
INFORMATION FOR BIDDERS 

1. RECEIPT AND OPENING OF BIDS 

T The CITY OF EL PASO, hereinafter called the "Owner", invites bids on the attached form 

hereto, all blanks of which must be appropriately filled in. Bids will be received by the 

Owner at the office of the PURCHASING & STRATEGIC SOURCING DIVISION as specified in 

the "Invitation to Bid", page 1-A-1, and then publicly opened and read aloud at City Hall, 

300 N. Campbell, 1'1 Floor, Council Chambers, unless otherwise posted. The 

envelopes containing the bids must be sealed and addressed to: PURCHASING & 

STRATEGIC SOURCING DIVISION, City Hall, 300 N. Campbell, 1st Floor, EL PASO, TEXAS 

79901 or delivered to the PURCHASING & STRATEGIC SOURCING DIVISION City Hall, 300 

N. Campbell, 1st Floor, EL PASO, TEXAS and designated as bid for: 

EPIA Reconstruct Runway 8L-26R, Taxiway 'U' & Taxiway 'V' and Construct New Parallel 

Taxiway & Connectors 

Solicitation No. 2014-523 

NOTICE 

The Owner reserves the right to accept or reject any or all bids and, to the extent 

permitted by law, to waive informalities or irregularities that are not material, such as 

failure to submit sufficient offer copies, literature or similar attachments or business 

affiliation information. All bids are to be prepared and submitted in accordance with the 

provisions of the Information for Bidders, and the City reserves the right to consider any 

bid, therefore, subject to rejection as being nonresponsive to the bid request. The 

Owner may, in its sole discretion, determine that any non-material defect in the bid is 

harmless if such defect relates to an element that is not material, mandatory or essential 

to the responsiveness of the bid, and the Owner may accept the bid in spite of the 

existence of a harmless non-material defect. Any bid received after the time and date 

specified shall not be considered. No Bidder may withdraw a bid within sixty (60) 

consecutive calendar days after the actual date of the opening thereof. 

2. PREPARATION OF BID 

Line 

entries. i i between unit prices and corresponding extended 

prices, unit prices shall prevail. The predetermined percentage allowable for mobilization 

shall prevail over the total amount entered for mobilization. When discrepancies exist 

between the predetermined percentage allowable for mobilization and the total amount 

entered for mobilization, the predetermined percentage allowable shall prevail. 

Each bid must be submitted in a sealed envelope bearing on the outside the name of the 

Bidder, his/her address, and the name of the project for which the bid is submitted. 

If forwarded by mail, the sealed envelope containing the bid must be enclosed in another 

envelope addressed as specified in Paragraph 1. 

Information for Bidders-FAA NON BUILDING 1-6·1 Rev 1/17/2014 LM 
PROPOSAL 

TO THE HONORABLE MAYOR AND CITY COUNCIL 

CITY OF EL PASO 

EL PASO, TEXAS 

The undersigned having familiarized themselves with the local conditions affecting the cost of work and with 

the Contract documents consisting of Invitation to Bid. Instructions to Bidders. General Conditions. the Contractor's Proposal, Special Bid Conditions, Applicable Wage Rates, the Contract Form, Rlans, specifications, drawings, and addenda on file in the Engineering & Construction Management Department of the City of El Paso, hereby propose to perform everything required to be performed and to provide, furnish 

and install all the labor, materials, necessary tools, expendable equipment, and all utility and transportation 

services, and to complete in a workmanlike manner all the work required for the 

EPIA Reconstruct Runway 8L-26R, Taxiway 'U' & Taxiway 'V' and Construct New Parallel 

Taxiway & Connectors 

Solicrtation No. 2014-523 

NOTE TO SPECIALIST FOR UNIT PRICE SCHEDULE - use this option: 

within the specified limits and in accordance with the plans, including Addenda numbers 

No.1, No.2 , AT THE FOLLOWING UNIT PRICES: 

ONLY ONE BIDDER MAY BE AWARDED THIS CONTRACT PURSUANT TO THIS BID. 

NOTE: The quantities shown in the unit price schedule are ESTIMATES ONLY. They are shown \here only for the purpose of comparing bids as an expected total expenditure. The City, at its sole discr~tion, 

will direct exactly how many actual units will be placed, and will pay for only those units that are orctered 

and accepted. No payments will be made regarding the estimated quantities. they are estimates onjy. 

Estimates are minimums, but not guaranteed minimums, and the contract cost can increase so long as 

the unit costs remain the same and the increased funds are appropriated in the budget. 

Line item entries shall prevail over sum total entries. When discrepancies exist between unit prices and 

corresponding eXtended prices. unit prices shall prevail. 

COMPANY NAME: _u_l_t_i_mf--fi~~~~~#-----------------------------------------~­

BIDDER'S SIGNATURE: ---'\r;.\--1'\c+'lr-J"'«I'----------- PRINT NAME: Jesse Guzman 

Proposal- EP1A Reconstruct Runway 8L~26R, Taxiwa U' & Taxiway 'V' and Construct New Parallel Taxiway & Connectors 

Solicitation No_ 2-014-523 1-C-1 -Amendment No.1 Rev-10/24/2013 LM 
68. PROTEST/DISPUTE PROCEDURE 

i< Only. a bidder who ·has.ac\u.ally ·submitted a bid re~ponsefproppsa~t:ll<!¥<~PP!l?!<a(l01JcWard · debisioll. · · 

[iiailuFgto fQIIpw thecuequirements.of th~PrPt!'l;;\ procedures established py the CitY ofEI 

Paso,Texas, shall constitute a waiver of all protestrights. · ':' 

Only the information provided within the protest period will be considered in making a 

recommendation to Council. 

7. TIME OF AWARD 

Each Contract shall be deemed as having been awarded when formal written Notice of 

Award shall have been duly served upon the Bidder.to whom the Owner has awarded 

the contract by some officer or agent of the Owner duly authorized to give such notice. 

Upon receipt of such written notice, the Contractor will proceed to verify the availability of 

the required materials or equipment needed to perform the project and submit his shop 

drawings to the Construction Engineering Section Chief or Owner-designated 

representative within (21) twenty-one calendar days from issuance of Notice to Proceed 

with Submittal Phase. If problems are encountered in the availability of materials or 

equipment, the Owner will be notified in writing immediately prior to scheduling of the 

Preconstruction Conference. 

8. BID SECURITY 

Each bid must be accompanied by an original Bid Bond prepared in the form of a Bid 

Bond attached hereto, naming the City of El Paso Texas as obligee and duly executed 

by the Bidder as principal and, having as surety thereon a surety company approved by 

the Owner, in the amount offive percent (5%) of the TOTAL bid price, including the base 

bid(s), option(s) and alternate(s), (cash, personal checks, company checks, cashier's 

checks or any security other than a bid bond will not be accepted). The surety shall 

meet the requirements found in the General Conditions 5.13.2.2.1 and 5.13.2.4. Each 

Information for Bidders-FAA NON BUILDING 1-B-5 Rev 1/17/2014 LM 
--------

CLARIZHILL 

Jeffrey M. Gallant 

T 313.967.4071 

F 313309.6849 

Email: jgallant@clarkhill.com 

~ [f1 ~ [E D~ [f1 ~ 

NOV 3 2014 

PART 16 DOCKETS --~ ' 

October 31,2014 

Clark Hill PLC 

500 Woodward Avenue 

SUite 3500 

Detroit, Ml 48226 

T 313.965.8300 

F 313.965.8252 

clarkhi!l.com 

Office of Chief Counsel VIA OVERNIGHT DELIVERY 

Attention: FAA Part 16 Docket Clerk, AGC-600 

Federal Aviation Administration 

800 Independence Avenue SW. 

Washington, D.C. 20591 

Re: Protest of Award- Solicitation No.: 2014-523 

City of El Paso 

EPJA Reconstruct Runway 8L 26R, Taxiway U and Taxiway V 

Construct New Parallel Taxiway and Connectors 

Complaint Pursuant to 14 CFR Part 16 and 49 CFR 18.36 

Dear Sir/Madam: 

This office represents Ultimate Concrete, LLC's ("Ultimate"). 

Please consider this Ultimate's Complaint to the Federal Aviation Administration pursuant to 14 

CFR Part 16 and 49 CFR 18.36 of the City ofEl Paso's ("City") denial of Ultimate's Protest of 

Award ("Protest") regarding the above referenced project. 

FACTS 

The City advertised Solicitation No. 2014-523 for bidding (the "Project"), with bids having been 

submitted on August 13,2014. 

Three bids were submitted from: Jordan Foster Construction (the apparent low bid), Ultimate 

Concrete, LLC (the apparent second low bid), and Sundt Construction, Inc. (the highest bid) 

The actual bid prices, as submitted, are reflected on the City of El Paso's Bid Tabulation Form, 

attached to our letter dated September 4, 2014. (See Exhibit No. 1) 

As can be seen from the bid tabulation, Jordan Foster failed to provide pricing as required by the 

Solicitation for Alternate 1, Item Numbers 1, 2 and 3, (to replace Item Numbers 1, 2, and 3 from 

the Base Bid II and Alternate 2, Item Numbers 1, 2 and 3 (to replace Item Numbers 1, 2 and 3 

from Base Bid II). Instead of providing the unit pricing required by the Solicitation, Jordan 

201545903.1 33546/177828 
O!ti·.~e of Chief Counsel 

Attention: FAA Part 16 Docket Clerk, AGC-600 

October 31,2014 

Page 2 

Foster entered "N/A" [not applicable] on each of the six lines on the bid form. (See Exhibit No. 

2, page 18 of Jordan Foster's bid attached) 

On September 4, 2014, Ultimate filed its Protest of Award with the City, which clearly sets fm1h 

the basis for Ultimate's protest. (See Exhibit No. 1) 

On September 19, 2014, the City's Purchasing Director denied Ultimate's Protest without 

explanation. The denial provided no explanation, and no factual or legal basis for the denial. 

(See Exhibit No. 3) 

On or about September 23, 2014, before Ultimate had exhausted its protest rights, it appears that 

the City awarded the contract to Jordan Foster. (See Exhibit No. 4) 

On September 26, 2014, without knowing that the contract had been awarded to Jordan Foster, 

Ultimate requested that the City reconsider its denial of Ultimate's Protest, and provided a copy 

of the request to the FAA. (See Exhibit No. 5) The City did not respond to Ultimate's request. 

On September 29, 2014, Ultimate submitted its appeal of the Purchasing Directors decision to 

the City Manager, pursuant to the City's Bid Protest procedure, and provided a copy of the 

appeal to the FAA. (See Exhibit No. 6) The City Manager's decision is the last step in the City's 

administrative bid protest procedure. (See Exhibit No. 7) In this instance, the City Manager did 

not act or respond to Ultimate's appeal. 

Now that Ultimate has exhausted all of its administrative remedies under the City's bid protest 

procedure, this appeal to the Federal Aviation Administration is ripe pursuant to 14 CFR Part 16 

and 49 CFR 18.36. 

ARGUMENT 

We are aware that this Project is funded in substantial part by the United States, acting by and 

through grants administered by the U.S. Federal Aviation Administration ("FAA"). As an FAA 

Grantee, the City is obligated to comply with the U.S. Department of Transportation and the 

FAA's regulations, including, but not limited to, competitive bidding requirements. 49 CFR § 

18, et seq requires the City to establish and conduct competitive bidding in accordance with the 

regulations, and specifically, to award the contract for construction to the lowest RESPONSIVE 

bidder (see 49 CFR § 18.36(D)(2)(i)). 

201545903.1 33546/177828 
Offi~e of Chief Counsel 

Attention: FAA Part 1 6 Docket Clerk, AGC-600 

October 31,2014 

Page 3 

Standing to Appeal to FAA 

Ultimate has standing to assert this Protest because Ultimate has submitted a bid 

response/proposal. Ullimale is lhe second low bid as read, and ils bid is responsive in every way. 

Therefore, Ultimate is directly and substantially affected by the City's non-compliance. 14 CFR 

§ 16.23 

Furthermore, Ultimate has exhausted its administrative remedies with the City. 49 CFR § 

18.36(b)(12) provides for federal agency review where: (i) there are violations of federal law or 

regulations and the standards under §18.36; or (ii) there are violations of the grantee's protest 

procedures for failing to review a protest. 

As discussed herein, the City improperly deemed Jordon Foster's bid responsive where Jordan 

Foster failed to comply with the specific requirements of the City's Solicitation when it failed or 

otherwise refused to enter pricing information in six ( 6) locations on the bid form. The City's 

actions (and inactions) violate Federal laws and regulations, including but not limited to: 

a) 49 CFR § 18.36( c )(I) which requires procurement transactions be "conducted in a 

manner providing full and open competition consistent with the standard of 

§ 18.36." including --- "(vii) any arbitrary action in the procurement process"; 

and 

b) 49 CFR § 18.36( c )(3)(ii) for failing to follow its "written selection procedures for 

procurement transactions" to "ensure that all solicitations... ii. identifY all 

requirements which the offers must fulfill and all other factors to be used in 

evaluating bids or proposals" 

Furthermore, the City has violated its own bid protest procedures by failing to evaluate 

Ultimate's Protest in a responsible and meaningful way. 

Arbitrary Action by the City of El Paso 

The City's action of accepting Jordan Foster's non-responsive bid was arbitrary, and violated the 

specific requirements of the Solicitation. 

Specifically, Paragraph 2 of the Information for Bidders provides: 

"EACH BID MUST BE SUBMITTED ON THE PRESCRIBED FORM AND 

All blank spaces for bid prices must be entered in ink or typewritten. FAILURE 

TO FILL IN ALL BLANK SPACES SHALL CAUSE THE BID PROPOSAL 

TO BE DEEMED NOT RESPONSIVE AND BID PROPOSAL WILL NOT 

BE CONSIDERED IN DETERMINING THE LOWEST RESPONSIBLE 

BIDDER." (emphasis was provided by the City) (See Exhibit No. 8) 

r·'.r "' l" y '._uA '-·'-

201545903.1335461177828 
Offke of Chief Counsel 

Attention: FAA Part 16 Docket Clerk, AGC-600 

October 31, 2014 

Page4 

Likewise, the Proposal Form provides: 

"EACH PROPOSAL MUST BE SUBMITTED ON THE PRESCRIBED FORM 

AND all blank spaces on the proposal form for proposal prices must be filled in, 

in ink or typewritten. FAILURE TO FILL IN ALL BLANK SPACES SHALL 

CAUSE THE BID PROPOSAL TO BE DEEMED NOT RESPONSIVE AND 

BID PROPOSAL WILL NOT BE CONSIDERED IN DETERMINING THE 

LOWEST RESPONSIBLE BIDDER." (emphasis was provided by the City) 

(See Exhibit No. 9) 

In the instance of Jordan Foster's bid, Jordan Foster failed to enter any prices for Alternates 1 

and 2 as required on the prescribed bid form. Each instance of omitted pricing constitutes 

material "non-responsiveness" warranting rejection of the entire bid pursuant to Paragraph 2 of 

the Information for Bidders and the terms of the Proposal Form. 

While the City has reserved the right to accept or reject any or all bids, and, to the extent 

permitted by law, waive informalities or irregularities, the City's rights are NOT unlimited in this 

regard. Specifically, the City's waiver of bid defects is limited to informalities or irregularities 

which are "not material" and/or are "harmless" (for example, if the defect relates only to an 

element of the bid that is not material, mandatory, or essential to the responsiveness of the bid, 

such as the number of copies submitted, literature or other attachments, or business affiliation 

information). 

Certainly defects in bid pricing, representing hundreds of thousands of dollars in value, are not 

harmless informalities or irregularities, but go directly to the material aspects of the bid. If 

waived, Jordan Foster will receive a significant, unfair, competitive advantage over the other 

bids, which is not only contrary to the express terms of the solicitation but will directly 

undermine and prejudice the propriety of the competitive bid market place. 

Accordingly, as provided for under Paragraph 2 of the Information for Bidders and the Proposal 

Form, Jordan Foster's bid should have been deemed non-responsive, and should not have been 

considered in determining the lowest responsible bidder. Ultimate's bid is entirely responsive, 

and since Ultimate is the second low bid, the City should have awarded the Project to Ultimate, 

as the lowest, responsive, responsible bidder. 

Failure to Properly Evaluate the Protest 

The City has an established procedure for evaluating and acting upon a Bid Protest, consisting of 

two steps. The first step requires submission of the Protest to the City's Purchasing Director for 

a decision. (See Exhibit No. 10) Thereafter, if the decision is not acceptable to the protester, the 

protester can appeal the decision to the City Manager. (See Exhibit No. 7) Implicit in the 

C' A· ro? ·H· ·rr T L . .i'\ h~ .1... . .L.L_ .... 

201545903.1 33546/177828 
Office of Chief Counsel 

Attention: FAA Part 16 Docket Clerk, AGC-600 

October 31, 2014 

Page 5 

policy, is the notion that the City would evaluate a protest on its merits and would provide the 

factual and legal basis for its decision. 

As can be readily observed from a fair reading of the City's decision on Ultimate's Protest, the 

City presented no findings of fact or conclusions of law to support it. The decision simply states 

that the Protest has been evaluated and it has been denied. Findings regarding the material 

elements of Ultimate's Protest are important to understanding the City's position. Obviously, 

had the City properly evaluated the Protest and formed findings, the City would have reached the 

inescapable conclusion that the Bid by Jordan Foster was NON-RESPONSIVE for the reasons 

set forth in Ultimate's appeal. Moreover, the City's non-substantive response amounts to a 

violation of the spirit of the City's protest procedures. 

The Purchasing Director failed, and/or refused, to respond to Ultimate's request for 

reconsideration. Instead, the City apparently awarded the contract to Jordan Foster - before 

Ultimate's appeal rights had expired. 

Ultimate submitted its appeal of the Purchasing Director's decision to the City Manager on 

September 29, 2014. In direct violation of the City's bid protest policy, the City Manager has 

not responded with a decision on Ultimate's appeal. 

Clearly, the City's violations of its bid protest procedures (along with its apparent waiver of 

Jordan Foster's bid improprieties) provide the necessary grounds for substantive review by the 

FAA under 49 CFR § 18.36(b)(l2). 

PRAYER FOR RELIEF 

As a result of the foregoing, Ultimate Concrete, LLC, hereby requests that the FAA withhold its 

funding for the Project from the City. In addition, Ultimate hereby requests that the FAA direct 

the City ofEl Paso to: 

a) deem Jordan Foster's bid to be non-responsive and reject it on those grounds; 

b) rescind the award of the construction contract to Jordan Foster; 

c) deem Ultimate's bid responsive and determine that Ultimate's bid is the lowest, 

responsive, responsible bid received; and 

d) award the contract for the Project to Ultimate in accordance with Ultimate's bid 

pnce. 

Cc: Client 

( '•[ ·' DP - f\J\J\. 

201545903.133546/177828 

Very truly yours, 

CLARK IDLL PLC 
Off:.ce of Chief Counsel 

Attention: FAA Part 16 Docket Clerk, AGC-600 

October 31,2014 

Page 6 

Pursuant to 14 CFR 16.13 (f) please serve Jeffrey M. Gallant at the address above with all 

documents in this proceeding. 

Pursuant to 49 CFR 16.12, I hereby certify that (1) Ultimate Concrete has made substantial and 

reasonable good faith efforts to resolve the disputed matter informally prior to filing the 

Complaint, including but not limited to filing a bid protest with the City, requesting the City 

reconsider its denial of the bid protest and filing an appeal of the denial of the bid protest to the 

City Manager; and (2) there is no reasonable prospect for the practical and timely resolution of 

this dispute. 

I hereby certify that I have this day served fhe foregoing Complaint on the following persons at 

the following addresses by mail: 

Office of Chief Counsel 

Attention: FAA Part 16 Docket Clerk, AGC-600 

Federal Aviation Administration 

800 Independence Avenue SW. 

Washington, D.C. 20591 

and 

Mr. Tommy Gonzalez 

City Manager, El Paso 

300 North Campbell Street 

· • Paso, TX 7990 I / 

-------

( ---'T. .... j '\.!"'1- - ~,_ \_ 

201545903.1 335461177828