APA_BID_Rehabilitate Taxiways C and D_Specifications.pdf

ARAPAHOE COUNTY PUBLIC AIRPORT AUTHORITY

ENGLEWOOD, COLORADO

BIDDING REQUIREMENTS AND CONTRACT DOCUMENTS

for

REHABILITATE TAXIWAYS C AND D

AIP 3-08-0029-060-2024 (BIL) and 061-2024 (AIP)

Schedule I: Rehabilitate Taxiways C and D (Federal)

Schedule II: Construct Taxiway S3 (Federal)

Schedule III: Taxiway D Electrical Rehabilitation (Federal)

Schedule IV: Reconstruct Taxilane C2 (Federal)

Schedule V: Rehabilitate Taxiway C (Non-Federal)

Schedule VI: 2025 Mobilization/Remobilization (Federal)

Issued for Bid

February 28, 2024

ARAPAHOE COUNTY PUBLIC AIRPORT AUTHORITY

BIDDING REQUIREMENTS AND CONTRACT DOCUMENTS

for

REHABILITATE TAXIWAYS C AND D

AIP 3-08-0029-060-2024 (BIL) and 061-2024 (AIP)

Schedule III: Taxiway D Electrical Rehabilitation (Federal)

Schedule IV: Reconstruct Taxilane C2 (Federal)

Schedule V: Rehabilitate Taxiway C (Non-Federal)

Issued for Bid

CIVIL DRAINAGE ELECTRICAL STRUCTURAL

February 28, 2024

TOC-1 TABLE OF CONTENTS

TABLE OF CONTENTS

BIDDING REQUIREMENTS

Advertisement ....................................................................................................................... I-1 – I-1

Notice to Bidders ............................................................................................................... II-1 – II-7

Proposal ........................................................................................................................... III-1 – III-4

Bid Documents ............................................................................................................... IV-1 – IV-7

CONTRACT FORMS

Notice of Award ................................................................................................................. V-1 – V-1

Contract Agreement ...................................................................................................... VI-1 – VI-28

Performance Bond ....................................................................................................... VII-1 – VII-2

Payment Bond ............................................................................................................ VIII-1 – VIII-2

Notice to Proceed ............................................................................................................ IX-1 – IX-1

Notice to Contractor’s Settlement ...................................................................................... X-1 – X-1

Wage Rates ..................................................................................................................... XI-1 – XI-1

CONDITIONS OF THE CONTRACT

Airport Special Provisions ......................................................................................... XII-1 – XII-10

GENERAL PROVISIONS

Section 10 Definition of Terms ........................................................................................ 10-1 – 10-8

Section 20 Proposal Requirements and Conditions ......................................................... 20-1 – 20-4

Section 30 Award and Execution of Contract .................................................................. 30-1 – 30-2

Section 40 Scope of Work ............................................................................................... 40-1 – 40-4

Section 50 Control of Work ............................................................................................. 50-1 – 50-6

Section 60 Control of Materials ....................................................................................... 60-1 – 60-4

Section 70 Legal Regulations and Responsibility to Public ............................................ 70-1 – 70-6

Section 80 Execution and Progress .................................................................................. 80-1 – 80-6

Section 90 Measurement and Payment ............................................................................ 90-1 – 90-8

GENERAL CONDITIONS

Item C-100 Contractor Quality Control Program (CQCP) .................................. C-100-1 – C-100-8

Item C-102 Air and Water Pollution, Soil Erosion, and Siltation Control .......... C-102-1 – C-102-4

Item C-105 Mobilization and Traffic Control ...................................................... C-105-1 – C-105-2

Item C-110 Method of Estimating Percentage of Material Within Specification Limits (PWL)

............................................................................................................................. C-110-1 – C-110-8

TECHNICAL SPECIFICATIONS

Item P-101 Preparation/Removal of Existing Pavements .....................................P-101-1 – P-101-6

Item P-152 Excavation, Subgrade, and Embankment ...........................................P-152-1 – P-152-8

Item P-153 Controlled Low-Strength Material (CLSM) ......................................P-153-1 – P-153-4

Item P-154 Subbase Course ..................................................................................P-154-1 – P-154-6

Item P-156 Cement Treated Subgrade ..................................................................P-156-1 – P-156-6

Item P-209 Crushed Aggregate Base Course ........................................................P-209-1 – P-209-6

Item P-401 Asphalt Mix Pavement .....................................................................P-401-1 – P-401-20

TOC-2 TABLE OF CONTENTS

Item P-603 Emulsified Asphalt Tack Coat ...........................................................P-603-1 – P-603-4

Item P-605 Joint Sealants for Pavements ..............................................................P-605-1 – P-605-4

Item P-608 Emulsified Asphalt Seal Coat ............................................................P-608-1 – P-608-8

Item P-608-R Rapid Cure Seal Coat .............................................................P-608-R-1 – P-608-R-8

Item P-610 Concrete for Miscellaneous Structures ..............................................P-610-1 – P-610-8

Item P-620 Runway and Taxiway Marking ..........................................................P-620-1 – P-620-8

Item D-701 Pipe for Strom Drains and Culverts ................................................. D-701-1 – D-701-6

Item D-705 Pipe Underdrains for Airports ......................................................... D-705-1 – D-705-6

Item D-751 Manholes ......................................................................................... D-751-1 – D-751-4

Item D-752 Headwalls and Miscellaneous Dranainge Structures ....................... D-752-1 – D-752-2

Item T-901 Seeding.............................................................................................. T-901-1 – T-901-4

Item T-905 Topsoil .............................................................................................. T-905-1 – T-905-4

Item T-908 Mulching ........................................................................................... T-908-1 – T-908-2

Item L-108 Underground Power Cable for Airport ........................................... L-108-1 – L-108-12

Item L-110 Airport Underground Electrical Duct Banks and Conduits .............. L-110-1 – L-110-8

Item L-125 Installation of Airport Lighting System ............................................ L-125-1 – L-125-8

ATTACHMENT 1 – CONSTRUCTION SAFETY AND PHASING PLAN (CSPP)

ATTACHMENT 2 – GEOTECHNICAL ENGINEERING STUDY

END OF TABLE OF CONTENTS

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BIDDING REQUIREMENTS

I-1

ADVERTISEMENT

REHABILITATE TAXIWAYS C AND D

AIP NO. 3-08-0029-060-2024 (BIL) and 061-2024 (AIP)

CENTENNIAL AIRPORT

Sealed bids for AIP No. 3-08-0029-060-2024 (BIL) and 061-2024 (AIP), at Centennial Airport, Englewood, Colorado, will be received by the Arapahoe County Public Airport Authority, 7565 South Peoria Street, Englewood, Colorado 80112, until 10:00 a.m., local time, on March 27, 2024, and then opened, read aloud and canvassed.

The work involved includes the following:

Schedule III: Taxiway D Electrical Rehabilitation (Federal) Schedule IV: Reconstruct Taxilane C2 (Federal)

Schedule V: Rehabilitate Taxiway C (Non-Federal)

A complete set of Plans and Bidding Requirements and Contract Documents may be obtained on or after February 28, 2024 on Rocky Mountain E-Purchasing System at https://www.bidnetdirect.com/colorado.

The major work items include earthwork, variable depth milling, patching, crack repair, asphalt paving, concrete repair, saw and seal concrete joints, cement treated subgrade, crushed aggregate base course, underdrains, drainage, installation of headwall, marking removal, pavement marking, thermoplastic markings, electrical rehabilitation to edge lights and signage, placement and compaction of asphalt millings.

All bidders are advised to examine the site to become familiar with all site conditions.

The project will be discussed and shown to interested bidders at 10:00 a.m., local time on March 13, 2024, at the Arapahoe County Public Airport Authority, 7565 South Peoria Street, Englewood, Colorado 80112.

Each bid must be accompanied by a Certified Check or Cashier’s Check in the amount of not less than five percent (5%) of the total bid, made payable to the Arapahoe County Public Airport Authority, or by Bid Bond in like amount executed by a Surety Company.

All bidders are advised that the right is reserved by the Sponsor to waive any informality in, or to reject any or all bids.

Any questions must be submitted to Kirstie Wilson and Molly McGuire, JACOBS, via email to Kristie.Wilson@jacobs.com & Molly.Mcguire@jacobs.com. Questions are due by 10:00 a.m., March 20, 2024. Questions received after this time will not be accepted.

II-1

NOTICE TO BIDDERS

Sealed bids for AIP No. 3-08-0029-060-2024 (BIL) and 061-2024 (AIP), at Centennial Airport, Englewood, Colorado, will be received by the Arapahoe County Public Airport Authority, 7565 South Peoria Street, Englewood, Colorado 80112, until 10:00 a.m., local time, on March 27, 2024, and then opened, read aloud and canvassed.

Hereinafter in these Notice to Bidders and associated Bidding Requirements and Contract Documents, Sponsor or Owner means Arapahoe County Public Airport Authority;

Engineer means Jacobs, Englewood, Colorado.

The bidder must bid on all items in all schedules, but it is not guaranteed that all schedules will be awarded. The Airport Authority will award whichever combination of schedules funding permits. The Contract will be awarded to the lowest qualified and deemed responsive bidder at the time of Contract Award on the Federally eligible schedules of work awarded (Schedules I, II, III, IV, and VI). Non-Federal schedules will be awarded to the lowest qualified and responsive bidder of the Federal portion of the project.

The bidder must supply all the information required by the Bidding Requirements and Contract Documents. The Arapahoe County Public Airport Authority reserves the right to waive any informality in or to reject any or all portions of the various bid items or reject any and all bids and make the award deemed in the best interest of the Airport Authority.

No proposal may be withdrawn for a period of 150 days from the opening thereof.

Each bid must be accompanied by a Certified Check or Cashier’s Check in the amount of not less than five percent (5%) of the total bid, made payable to the Arapahoe County Public Airport Authority, or by Bid Bond in like amount executed by a Surety Company.

All proposals are to be prepared on the forms supplied by the Arapahoe County Public Airport Authority and attached hereto. The bidder must supply all information required by the Bidding Requirements and Contract Documents and must bid on all items. A bidder shall not stipulate in their proposal any conditions not contained in the “Proposal” included in the Bidding Requirements and Contract Documents. Bids must be accompanied by all data, forms, and pages contained in the “Proposal” and “Bid Documents” sections of these documents.

The Contractor shall note the Arapahoe County Airport Authority is tax exempt and shall coordinate with the Airport on the completion of the certification.

The Bidding Requirements and Contract Documents consist of all documents contained herein, together with the plans dated February 28, 2024, and any addenda issued to bidders, labeled AIP No. 3-08-0029-060-2024 (BIL) and 061-2024 (AIP). All are all part of the contract.

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No verbal agreements or conversations with any agent employee of the Sponsor either before or after execution of the contract shall affect or modify any of the terms or obligations contained in any of the Bidding Requirements and Contract Documents.

Modification of bids already submitted will be permitted, provided such modification be in writing and transmitted to the Arapahoe County Public Airport Authority, 7565 South Peoria Street, Englewood, Colorado 80112, prior to bid opening time. Such modification shall not reveal the amount of the original or revised bid.

If more than one bid is offered by one party, all such bids shall be returned unopened.

If duplicate bids are not discovered until after opening, such duplication shall be cause for immediate rejection of all bids offered by the same party. A party who has quoted prices to a bidder is not thereby disqualified from quoting prices to other bidders, or from submitting a direct bid in their own behalf.

Envelopes containing bids must be sealed, marked and addressed as follows:

Bid of _________________________________________________________________

(Name, Address, and Contractor’s Registration Number) for AIP No. 3-08-0029-060-2024 (BIL) and 061-2024 (AIP), at Centennial Airport, to be opened at 10:00 a.m., local time, on March 27, 2024, at the Arapahoe County Public Airport Authority, 7565 South Peoria Street, Englewood, Colorado 80112.

Minimum Wage Rates (Federal schedules of work): The minimum wages are not controlling except as to the minimum for the purpose of the Davis-Bacon Act; therefore, it is incumbent upon each employer to pay the standard prevailing rate of wages including fringe benefits for health and welfare and pension contributions and travel allowance provisions in effect and applicable to the county or locality in which the work is being performed.

CIVIL RIGHTS – TITLE VI ASSURANCES

Civil Right – Title VI Assurances are applicable to this project.

TITLE VI SOLICITATION NOTICE

The Arapahoe County Public Airport Authority, in accordance with the provisions of Title VI of the Civil Rights Act of 1964 (78 Stat. 252, 42 USC §§ 2000d to 2000d-4) and the Regulations, hereby notifies all bidders or offerors that it will affirmatively ensure that for any contract entered into pursuant to this advertisement, [select businesses, or disadvantaged business enterprises or airport concession disadvantaged business enterprises] will be afforded full and fair opportunity to submit bids in response to this invitation and no businesses will be discriminated against on the grounds of race, color, national origin (including limited English proficiency), creed, sex (including sexual orientation and gender identity), age, or disability in consideration for an award.

II-3

NOTICE OF REQUIREMENT FOR AFFIRMATIVE ACTION to

ENSURE EQUAL EMPLOYMENT OPPORTUNITY

1. The Offeror’s or Bidder’s attention is called to the “Equal Opportunity Clause” and the “Standard Federal Equal Employment Opportunity Construction Contract Specifications” set forth herein.

2. The goals and timetables for minority and female participation, expressed in percentage terms for the Contractor’s aggregate workforce in each trade on all construction work in the covered area, are as follows:

Timetables

Goals for minority participation for each trade: 13.8%

Goals for female participation in each trade: 6.9%

These goals are applicable to all of the Contractor’s construction work (whether or not it is Federal or federally assisted) performed in the covered area. If the Contractor performs construction work in a geographical area located outside of the covered area, it shall apply the goals established for such geographical area where the work is actually performed. With regard to this second area, the Contractor also is subject to the goals for both its federally involved and non-federally involved construction.

The Contractor’s compliance with the Executive Order and the regulations in 41 CFR Part 60-4 shall be based on its implementation of the Equal Opportunity Clause, specific affirmative action obligations required by the specifications set forth in 41 CFR 60- 4.3(a) and its efforts to meet the goals. The hours of minority and female employment and training must be substantially uniform throughout the length of the contract, and in each trade, and the Contractor shall make a good faith effort to employ minorities and women evenly on each of its projects. The transfer of minority or female employees or trainees from Contractor to Contractor or from project to project for the sole purpose of meeting the Contractor’s goals shall be a violation of the contract, the Executive Order and the regulations in 41 CFR Part 60-4. Compliance with the goals will be measured against the total work hours performed.

3. The Contractor shall provide written notification to the Director of the Office of Federal Contract Compliance Programs (OFCCP) within 10 working days of award of any construction subcontract in excess of $10,000 at any tier for construction work under the contract resulting from this solicitation. The notification shall list the name, address, and telephone number of the subcontractor; employer identification number of the subcontractor; estimated dollar amount of the subcontract; estimated starting and completion dates of the subcontract; and the geographical area in which the subcontract is to be performed.

4. As used in this notice and in the contract resulting from this solicitation, the “covered area” is Colorado, Arapahoe County, Englewood.

II-4

BUY AMERICAN PREFERENCE

The Contractor certifies that its bid/offer is in compliance with 49 USC § 50101, BABA and other related Made in America Laws,1 U.S. statutes, guidance, and FAA policies, which provide that Federal funds may not be obligated unless all iron, steel and manufactured goods used in AIP funded projects are produced in the United States, unless the Federal Aviation Administration has issued a waiver for the product; the product is listed as an Excepted Article, Material Or Supply in Federal Acquisition Regulation subpart 25.108; or is included in the FAA Nationwide Buy American Waivers Issued list.

The bidder or offeror must complete and submit the certification of compliance with FAA’s Buy American Preference, BABA and Made in America laws included herein with their bid or offer. The Airport Sponsor/Owner will reject as nonresponsive any bid or offer that does not include a completed certification of compliance with FAA’s Buy American Preference and BABA.

The bidder or offeror certifies that all constructions materials, defined to mean an article, material, or supply other than an item of primarily iron or steel; a manufactured product;

cement and cementitious materials; aggregates such as stone, sand, or gravel; or aggregate binding agents or additives that are or consist primarily of: non-ferrous metals;

plastic and polymer-based products (including polyvinylchloride, composite building materials, and polymers used in fiber optic cables); glass (including optic glass); lumber;

or drywall used in the project are manufactured in the U.S.

DAVIS-BACON REQUIREMENTS

Davis-Bacon requirements are applicable to this project as outlined in the FAA Special Provisions.

CERTIFICATION OF OFFEROR/BIDDER REGARDING DEBARMENT

By submitting a bid/proposal under this solicitation, the bidder or offeror certifies that neither it nor its principals are presently debarred or suspended by any Federal department or agency from participation in this transaction.

CERTIFICATION OF LOWER TIER CONTRACTORS REGARDING

DEBARMENT

The successful bidder, by administering each lower tier subcontract that exceeds $25,000 as a “covered transaction”, must confirm each lower tier participant of a “covered transaction” under the project is not presently debarred or otherwise disqualified from participation in this federally-assisted project. The successful bidder will accomplish this by:

1. Checking the System for Award Management at website: http://www.sam.gov.

1 Per Executive Order 14005 “Made in America Laws” means all statutes, regulations, rules, and Executive Orders relating to federal financial assistance awards or federal procurement, including those that refer to “Buy America” or “Buy American,” that require, or provide a preference for, the purchase or acquisition of goods, products, or materials produced in the United States, including iron, steel, and manufactured products offered in the United States.

II-5

2. Collecting a certification statement similar to the Certification of Offeror /Bidder Regarding Debarment, above.

3. Inserting a clause or condition in the covered transaction with the lower tier contract.

If the Federal Aviation Administration later determines that a lower tier participant failed to disclose to a higher tier participant that it was excluded or disqualified at the time it entered the covered transaction, the FAA may pursue any available remedies, including suspension and debarment of the non-compliant participant.

DISADVANTAGED BUSINESS ENTERPRISES

DBE CONTRACT GOAL

Bid Information Submitted as a matter of responsiveness:

The Owner’s award of this contract is conditioned upon Bidder or Offeror satisfying the good faith effort requirements of 49 CFR § 26.53.

As a condition of responsiveness, the Bidder or Offeror must submit the following information with its proposal on the forms provided herein:

1) The names and addresses of Disadvantaged Business Enterprise (DBE) firms that will participate in the contract;

2) A description of the work that each DBE firm will perform;

3) The dollar amount of the participation of each DBE firm listed under (1);

4) Written statement from Bidder or Offeror that attests their commitment to use the

DBE firm(s) listed under (1) to meet the Owner’s project goal

5) Written confirmation from each listed DBE firm that it is participating in the contract in the kind and amount of work provided in the prime contractor's commitment; and

6) If Bidder or Offeror cannot meet the advertised project DBE goal, evidence of good faith efforts undertaken by the Bidder or Offeror as described in appendix A to 49 CFR part 26. The documentation of good faith efforts must include copies of each DBE and non-DBE subcontractor quote submitted to the bidder when a non-DBE subcontractor was selected over a DBE for work on the contract.

RACE/GENDER NEUTRAL MEANS

The requirements of 49 CFR part 26 apply to this contract. It is the policy of the Arapahoe County Public Airport Authority to practice nondiscrimination based on race, color, sex, or national origin in the award or performance of this contract. The Owner encourages participation by all firms qualifying under this solicitation regardless of business size or ownership.

FEDERAL FAIR LABOR STANDARDS ACT

(FEDERAL MINIMUM WAGE)

All contracts and subcontracts that result from this solicitation incorporate by reference the provisions of 29 CFR part 201, et seq, the Federal Fair Labor Standards Act (FLSA), with the same force and effect as if given in full text. The FLSA sets

II-6

minimum wage, overtime pay, recordkeeping, and child labor standards for full and part-time workers.

The Contractor has full responsibility to monitor compliance to the referenced statute or regulation. The Contractor must address any claims or disputes that arise from this requirement directly with the U.S. Department of Labor – Wage and Hour Division.

TRADE RESTRICTION CLAUSE

By submission of an offer, the Offeror certifies that with respect to this solicitation and any resultant contract, the Offeror –

1) is not owned or controlled by one or more citizens of a foreign country included in the list of countries that discriminate against U.S. firms as published by the Office of the United States Trade Representative (USTR);

2) has not knowingly entered into any contract or subcontract for this project with a person that is a citizen or national of a foreign country included on the list of countries that discriminate against U.S. firms as published by the USTR; and

3) has not entered into any subcontract for any product to be used on the Federal project that is produced in a foreign country included on the list of countries that discriminate against U.S. firms published by the USTR.

This certification concerns a matter within the jurisdiction of an agency of the United States of America and the making of a false, fictitious, or fraudulent certification may render the maker subject to prosecution under Title 18 USC § 1001.

The Offeror/Contractor must provide immediate written notice to the Owner if the Offeror/Contractor learns that its certification or that of a subcontractor was erroneous when submitted or has become erroneous by reason of changed circumstances. The Contractor must require subcontractors provide immediate written notice to the Contractor if at any time it learns that its certification was erroneous by reason of changed circumstances.

Unless the restrictions of this clause are waived by the Secretary of Transportation in accordance with 49 CFR § 30.17, no contract shall be awarded to an Offeror or subcontractor:

1) who is owned or controlled by one or more citizens or nationals of a foreign country included on the list of countries that discriminate against U.S. firms published by the USTR; or

2) whose subcontractors are owned or controlled by one or more citizens or nationals of a foreign country on such USTR list; or

3) who incorporates in the public works project any product of a foreign country on such USTR list.

Nothing contained in the foregoing shall be construed to require establishment of a system of records in order to render, in good faith, the certification required by this provision. The knowledge and information of a contractor is not required to exceed that which is normally possessed by a prudent person in the ordinary course of business dealings.

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The Offeror agrees that, if awarded a contract resulting from this solicitation, it will incorporate this provision for certification without modification in all lower tier subcontracts. The Contractor may rely on the certification of a prospective subcontractor that it is not a firm from a foreign country included on the list of countries that discriminate against U.S. firms as published by USTR, unless the Offeror has knowledge that the certification is erroneous.

This certification is a material representation of fact upon which reliance was placed when making an award. If it is later determined that the Contractor or subcontractor knowingly rendered an erroneous certification, the Federal Aviation Administration (FAA) may direct through the Owner cancellation of the contract or subcontract for default at no cost to the Owner or the FAA.

CERTIFICATION REGARDING LOBBYING

Lobbying provisions are applicable to this project.

PROCUREMENT OF RECOVERED MATERIALS

Recovered material provisions are applicable to this project.

III-1

PROPOSAL

REHABILITATE TAXIWAYS C AND D

AIP NO. 3-08-0029-060-2024 (BIL) and 061-2024 (AIP)

To: Arapahoe County Public Airport Authority 7565 South Peoria Street Englewood, Colorado 80112

The undersigned bidder, having become familiar with the local conditions affecting the cost of the work and with the Bidding Requirements and Contract Documents, prepared by the Engineer, proposes and agrees to furnish all superintendence, labor, materials, tools, power, transportation, and other means of construction necessary to complete in all respects AIP No. 3-08-0029-060-2024 (BIL) and 061-2024 (AIP), at Centennial Airport, all in accordance with the Contract Documents at the prices stated on the attached Proposal.

The bidder shall correctly sign the proposal in ink. If the proposal is made by an individual, their name and post office address must be shown. If made by a partnership, the name and post office address of each member of the partnership must be shown. If made by a corporation, the person signing the proposal shall give the name of the state where the corporation was chartered and the name, titles, and business address of the president, secretary, and the treasurer. Anyone signing a proposal as an agent shall file evidence of their authority to do so and that the signature is binding upon the firm or corporation.

The bidder must bid on all items in all schedules, but it is not guaranteed that all schedules will be awarded. The Airport Authority will award whichever combination of schedules funding permits. The Contract will be awarded to the lowest qualified and deemed responsive bidder at the time of Contract Award on the Federally eligible schedules of work awarded.

The undersigned understands that the quantities of work to be done are approximate only and are intended principally to serve as a guide in evaluating bids.

I (we) acknowledge receipt of the following Addendum(s) ________________________.

Since time is of essence of this contract, the undersigned further agrees the work embraced in this contract shall be completed within the specified number of calendar days as defined in the General Provisions.

Proposal Guaranty in the sum of _____________________________________________ in the form of _____________________________ is submitted here in accordance with the Notice to Bidders.

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The undersigned agrees that this Proposal may not be withdrawn for a period of 150 days from the bid opening.

In submitting this Proposal, it is understood that the right is reserved by the Sponsor to waive any informality in, or to reject any or all bids.

Signature of Bidder____________________

Firm Name __________________________

Business Address _____________________

By ________________________________ (Authorized Officer)

Title _______________________________

Date _______________________________

Contractor to type or print the following information:

State Licensed to do business in /Contractor’s Registration Number and Class:

Firm Name_____________________________ Phone Number ____________________

Address __________________________ City _____________________State _________

Check whether Corporation _____ Individual ____ Partnership ____

Incorporated in the State of _________________________________________________

(If partnership, give name and address of each partner; if corporation, give name, title, and business address of President, Secretary, and Treasurer.)

III-3

FORM OF PROPOSAL GUARANTY

KNOWN BY ALL MEN BY THESE PRESENTS, that we, the undersigned, _________ ______________________as Principal and ____________________________________ _________________________________________________as Surety, are hereby held and firmly bound unto the Arapahoe County Public Airport Authority, hereinafter called the “Owner” in the sum of for payment of which sum, will and truly to be made, we hereby jointly and severally bind ourselves, our heirs, executors, administrators, successors, and assigns.

The condition of the above obligation is such that whereas the Principal has submitted to the Owner a certain Proposal, attached hereto and hereby made a part hereof, to enter into a contract in writing for AIP No. 3-08-0029-060-2024 (BIL) and 061-2024 (AIP), at Centennial Airport.

NOW, THEREFORE,

(a) If said Proposal shall be rejected, or in the alternate,

(b) If said Proposal shall be accepted and the Principal shall execute and deliver a contract in form attached hereto and shall execute and deliver Performance Bond and Payment Bond in the forms attached hereto, all properly completed in accordance with said Proposal.

Then this obligation shall be void, otherwise the same shall remain in force and effect; it being expressly understood and agreed that the liability of the Surety for any and all default of the Principal hereunder shall be the amount of this obligation as herein stated.

The Surety, for value received stipulates and agrees that the obligation of said Surety and its bond shall be in no way impaired or affected by any extension of the time within which the Owner may accept such Proposal; and said Surety does hereby waive notice of any extension.

IN WITNESS WHEREOF, the above-bounded parties have executed this instrument under their several seals this _____________ day of ________________, 2024, the name and corporate seal of each incorporated party being hereto affixed, and these presents duly signed by its undersigned representative, pursuant to authority of its governing body.

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Principal

By ________________________________

SEAL

Surety

By ________________________________ SEAL Attorney-In-Fact

Attest

Attest

(Accompany this bond with Attorney-In-Fact’s authority from the Surety to execute bond, certified to include the date of the bond.)

Date: ________________

IV-1

BID DOCUMENTS

DISADVANTAGED BUSINESS ENTERPRISE UTILIZATION: The undersigned has satisfied the requirements of the specifications in the following manner (please check the appropriate space):

□ The bidder is committed to a minimum of 5.56% DBE utilization on this project.

□ The bidder (if unable to meet the goal of 5.56% DBE) is committed to a minimum of % DBE utilization on this project and has submitted documentation showing its good faith effort.

Contractor _______________________________________________________________

By _____________________________________________________________________ (Signature) (Title)

Address _________________________________________________________________

Phone Number _________________________________ Zip Code__________________

IV-2

LETTER OF INTENT

Name of Bidder’s Firm:

Bidder’s Address:

City:

State

Zip

Name of DBE Firm:

Address:

City:

State

Zip

Telephone (including area code):

Description of work to be performed by DBE firm:

Bidder intends to utilize the above-named minority firm for the work described above. The estimated amount of work is valued at $ .

If the above-named bidder is not determined to be the successful bidder, the Letter of Intent shall be null and void.

(Copy this page for each minority subcontractor)

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BUY AMERICAN PREFERENCE

The Contractor agrees to comply with 49 USC § 50101, which provides that Federal funds may not be obligated unless all steel and manufactured goods used in AIP funded projects are produced in the United States, unless the Federal Aviation Administration has issued a waiver for the product; the product is listed as an Excepted Article, Material Or Supply in Federal Acquisition Regulation subpart 25.108; or is included in the FAA Nationwide Buy American Waivers Issued list.

A bidder or offeror must complete and submit the Buy America certification included herein with their bid or offer. The Owner will reject as nonresponsive any bid or offer that does not include a completed Certificate of Buy American Compliance.

BUY AMERICAN CERTIFICATION

CERTIFICATION OF COMPLIANCE

WITH FAA BUY AMERICAN PREFERENCE

CONSTRUCTION PROJECTS

As a matter of bid responsiveness, the bidder or offeror must complete, sign, date, and submit this certification statement with its proposal. The bidder or offeror must indicate how it intends to comply with 49 USC § 50101, BABA and other related Made in America Laws, U.S. statutes, guidance, and FAA policies, by selecting one of the following certification statements. These statements are mutually exclusive. Bidder must select one or the other (i.e., not both) by inserting a checkmark () or the letter “X”.

Bidder or offeror hereby certifies that it will comply with 49 USC § 50101, BABA and other related U.S. statutes, guidance, and policies of the FAA by:

a) Only installing iron, steel and manufactured products produced in the United States;

b) Only installing construction materials defined as: an article, material, or supply – other than an item of primarily iron or steel; a manufactured product; cement and cementitious materials; aggregates such as stone, sand, or gravel; or aggregate binding agents or additives that are or consist primarily of non-ferrous metals; plastic and polymer-based products (including polyvinylchloride, composite building materials, and polymers used in fiber optic cables); glass (including optic glass); lumber or drywall that have been manufactured in the United States.

c) Installing manufactured products for which the Federal Aviation Administration (FAA) has issued a waiver as indicated by inclusion on the current FAA Nationwide Buy American Waivers Issued listing; or

d) Installing products listed as an Excepted Article, Material or Supply in Federal Acquisition Regulation Subpart 25.108.

By selecting this certification statement, the bidder or offeror agrees:

a) To provide to the Airport Sponsor or the FAA evidence that documents the source and origin of the iron, steel, and/or manufactured product.

b) To faithfully comply with providing U.S. domestic products.

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c) To refrain from seeking a waiver request after establishment of the contract, unless extenuating circumstances emerge that the FAA determines justified.

d) Certify that all construction materials used in the project are manufactured in the U.S.

The bidder or offeror hereby certifies it cannot comply with the 100 percent Buy American Preferences of 49 USC § 50101(a) but may qualify for a Type 3 or Type 4 waiver under 49 USC § 50101(b). By selecting this certification statement, the apparent bidder or offeror with the apparent low bid agrees:

a) To the submit to the Airport Sponsor or FAA within 15 calendar days of being selected as the responsive bidder, a formal waiver request and required documentation that supports the type of waiver being requested.

b) That failure to submit the required documentation within the specified timeframe is cause for a non-responsive determination that may result in rejection of the proposal.

c) To faithfully comply with providing U.S. domestic products at or above the approved U.S. domestic content percentage as approved by the FAA.

d) To furnish U.S. domestic product for any waiver request that the FAA rejects.

e) To refrain from seeking a waiver request after establishment of the contract, unless extenuating circumstances emerge that the FAA determines justified.

Required Documentation

Type 2 Waiver (Nonavailability) - The iron, steel, manufactured goods or construction materials or manufactured goods are not available in sufficient quantity or quality in the United States. The required documentation for the Nonavailability waiver is

a) Completed Content Percentage Worksheet and Final Assembly Questionnaire

b) Record of thorough market research, consideration where appropriate of qualifying alternate items, products, or materials including;

c) A description of the market research activities and methods used to identify domestically manufactured items capable of satisfying the requirement, including the timing of the research and conclusions reached on the availability of sources.

Type 3 Waiver – The cost of components and subcomponents produced in the United States is more than 60 percent of the cost of all components and subcomponents of the “facility/project.” The required documentation for a Type 3 waiver is:

a) Completed Content Percentage Worksheet and Final Assembly Questionnaire including;

b) Listing of all manufactured products that are not comprised of 100 percent U.S.

domestic content (excludes products listed on the FAA Nationwide Buy American Waivers Issued listing and products excluded by Federal Acquisition Regulation Subpart 25.108; products of unknown origin must be considered as non-domestic products in their entirety).

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c) Cost of non-domestic components and subcomponents, excluding labor costs associated with final assembly and installation at project location.

d) Percentage of non-domestic component and subcomponent cost as compared to total “facility” component and subcomponent costs, excluding labor costs associated with final assembly and installation at project location.

Type 4 Waiver (Unreasonable Costs) - Applying this provision for iron, steel, manufactured goods or construction materials would increase the cost of the overall project by more than 25 percent. The required documentation for this waiver is:

a) A completed Content Percentage Worksheet and Final Assembly Questionnaire from

b) At minimum two comparable equal bids and/or offers;

c) Receipt or record that demonstrates that supplier scouting called for in Executive

Order 14005, indicates that no domestic source exists for the project and/or component;

d) Completed waiver applications for each comparable bid and/or offer.

False Statements: Per 49 USC § 47126, this certification concerns a matter within the jurisdiction of the Federal Aviation Administration and the making of a false, fictitious, or fraudulent certification may render the maker subject to prosecution under Title 18, United States Code.

Date Signature

Company Name Title

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STATEMENT OF QUALIFICATIONS

SIMILAR PROJECTS COMPLETED (attach a separate sheet if necessary)

DATE ________________________ VALUE __________________________________

Name of Project, Address, Type of Improvement

DATE ________________________ VALUE __________________________________

Name of Project, Address, Type of Improvement

SIMILAR PROJECTS UNDER CONTRACT (attach a separate sheet if necessary)

DATE ________________________ VALUE __________________________________

Name of Project, Address, Type of Improvement

DATE ________________________ VALUE __________________________________

Name of Project, Address, Type of Improvement

PROPOSED EQUIPMENT TO BE USED ON PROJECT

FINANCIAL STATEMENT: Attached is a copy of my latest financial statement, duly sworn to inform approved by the Owner, listing assets and liabilities. In lieu of the financial statement, a bidder may submit evidence that they are pre-qualified with the State Highway Division and is on the “Current Bidders List” for projects of this size and nature.

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ANTICIPATED SUBCONTRACTS

(Attach a separate sheet if necessary)

Type of Work to be Sublet___________________________________________________ Approximate Dollar Amount of Subcontract $___________________________________ Probable Subcontractor_____________________________________________________ Address _________________________________________________________________

Type of Work to be Sublet___________________________________________________ Approximate Dollar Amount of Subcontract $___________________________________ Probable Subcontractor_____________________________________________________ Address _________________________________________________________________

Type of Work to be Sublet___________________________________________________ Approximate Dollar Amount of Subcontract $___________________________________ Probable Subcontractor_____________________________________________________ Address _________________________________________________________________

Type of Work to be Sublet___________________________________________________ Approximate Dollar Amount of Subcontract $___________________________________ Probable Subcontractor_____________________________________________________ Address _________________________________________________________________

Type of Work to be Sublet___________________________________________________ Approximate Dollar Amount of Subcontract $___________________________________ Probable Subcontractor_____________________________________________________ Address _________________________________________________________________

Type of Work to be Sublet___________________________________________________ Approximate Dollar Amount of Subcontract $___________________________________ Probable Subcontractor_____________________________________________________ Address _________________________________________________________________

Type of Work to be Sublet___________________________________________________ Approximate Dollar Amount of Subcontract $___________________________________ Probable Subcontractor_____________________________________________________ Address _________________________________________________________________

Type of Work to be Sublet___________________________________________________ Approximate Dollar Amount of Subcontract $___________________________________ Probable Subcontractor_____________________________________________________ Address _________________________________________________________________

CONTRACT FORMS

V-1

NOTICE OF AWARD

To:

Arapahoe County Public Airport Authority, having considered the Proposals submitted for AIP No. 3-08-0029-060-2024 (BIL) and 061-2024 (AIP), at Centennial Airport, and it is appearing that your proposal of ($_________________), for Schedules________________ is fair, and equitable and to the best interest of Arapahoe County Public Airport Authority, and having authorized the work to be performed, the said Proposal is hereby accepted at the bid prices contained therein.

In accordance with the terms of the Contract Documents, you are required to execute the formal Contract Agreement and furnish the required Performance and Payment Bonds within 15 consecutive calendar days from and including the date of this notice.

The Proposal Guaranty submitted with your Proposal will be returned upon execution of the Contract Agreement and the furnishing of the Performance and Payment Bonds. In the event you should fail to execute the Contract Agreement and furnish the Performance and Payment Bonds, within the time specified, said Proposal Guaranty will be forfeited to the Sponsor.

Arapahoe County Public Airport Authority

By _________________________________ Chairman

Date _______________________________

VI-1

CONTRACT AGREEMENT

REHABILITATE TAXIWAYS C AND D

AIP NO. 3-08-0029-060-2024 (BIL) and 061-2024 (AIP)

THIS AGREEMENT made and entered into this _____ day of __________, by and between Arapahoe County Public Airport Authority, hereinafter referred to as the “Owner”, or, alternatively, “Sponsor” and _______________________________, Second Party, hereinafter referred to as the “Contractor.”

WITNESSETH:

Article 1. STATEMENT OF THE WORK. The Contractor shall furnish all labor and materials and perform all work for AIP No. 3-08-0029-060-2024 (BIL) and 061-2024 (AIP), at Centennial Airport, in strict accordance with the Plans and Specifications, including addenda, dated February 28, 2024, prepared by Jacobs hereinafter referred to as the “Engineer”.

Article 2. It is hereby further agreed, that, in consideration of the faithful performance of the work by the Contractor, the Owner shall pay the Contractor the compensation due them by reason of said faithful performance of the work, at stated intervals and in the amounts certified by the Engineer in accordance with the provisions of this Contract. The funds for this contract have been budgeted and appropriated.

Article 3. It is hereby further agreed that any reference herein to the “Contract” shall include all “Contract Documents”, issued in connection with AIP No. 3-08-0029-060- 2024 (BIL) and 061-2024 (AIP), at Centennial Airport, and said “Contract Documents” are hereby made part of this agreement as fully as if set out at length herein. “Contract Documents” includes the “The Bidding Requirements and Contract Documents”, together with the plans dated February 28, 2024, and any addenda issued to bidders.

Article 4. The Contractor agrees to accept as their full and only compensation for the performance of all the work required under this Contract such sum or sums of money as may be proper in accordance with the price or prices set forth in the Contractor’s Proposal and made a part hereof covering all of the items.

Article 5. The Contractor agrees to carry broad form liability insurance with workers compensation, and commercial automobile coverage, a financially acceptable insurance company qualified to transact business in Colorado, insuring the Contractor and naming the Owner as an additional insured, as their interest may appear, with limits not less than those set forth in the Special Provisions.

Article 6. To the extent allowed by law, the Contractor agrees to indemnify, defend and hold harmless the Sponsor, from any and all claims and damages to property and injury to persons which may arise both of and during operations under this Contract, VI-2 whether such operations be by the Contractor or by any subcontractor or anyone directly or indirectly employed by the Contractor or any other employee or person employed or engaged on or about, or in connection with, the construction.

Article 7. In the event of a breach of this agreement, the breaching party shall pay to the nonbreaching party all reasonable Attorney fees, cost and other expenses, incurred by the nonbreaching party enforcing its rights as a result of said breach.

GENERAL CONTRACT CLAUSES AND REQUIREMENTS

a. Airport Improvement Program Project. The work in this contract is included in Airport Improvement Program Project No. 3-08-0029-060-2024 (BIL) and 061-2024 (AIP), which is being undertaken and accomplished by the Sponsor in accordance with the terms and conditions of a grant agreement between the Sponsor and the United States under the Title 49 U.S.C. Subtitle VII and the Rules and Regulations of the Federal Aviation Administration pursuant to which the United States has agreed to pay a certain percentage of the costs of the project that are determined to be allowable project costs under the Act. The United States is not a party to this contract and no reference in this contract to the FAA or any representative thereof, or to any rights granted to the FAA, or any representative thereof, or the United States, by the contract, makes the United States a party to this contract.

b. Consent to Assignment. The Contractor shall obtain the prior written consent of the

Sponsor to any proposed assignment of any interest in or part of this contract.

c. Convict Labor. No convict labor shall be employed under this contract.

d. Withholding, Sponsor from Contractor. Whether or not payments or advances to the

Sponsor are withheld or suspended by the FAA, the Sponsor may withhold or cause to be withheld from the Contractor…