INVITATION TO BID

CITY OF NEW ORLEANS, DEPARTMENT OF FINANCE, PURCHASING BUREAU

CITY HALL, 1300 PERDIDO ST., ROOM No. 4W07, NEW ORLEANS, LA 70112

THIS IS A FORMAL CITY BID SOLICITATION FOR MATERIALS, EQUIPMENT, SUPPLIES, OR NON-PROFESSIONAL SERVICES. INTERESTED PERSONS

SHOULD CAREFULLY READ AND ATTEND ALL STATED INFORMATION AND REQUIREMENTS, INCLUDING SUCH CONTAINED IN ATTACHMENTS.

BID TYPE: Materials, Equipment, Supplies

Non-Professional Services

BID NO. 4785 ISSUE DATE:

September 24, 2026

SPONSORING CITY DEPT. OR AGENCY:

8910 – New Orleans Aviation Board (NOAB)

BID DESCRIPTION: Airport Airfield Painting and Accumulated Rubber Removal Annual Maintenance (as detailed in the Technical Specifications)

BID

CONFERENCE:

None

Optional

Mandatory-The City will receive bids only from persons/firms shown on the City’s attendance list.

Date:

TBD

Time:

TBD

Place:

TBD

Note: The City may prepare a conference report showing attendance, summarized Q&A, and matters discussed. The City will publish such report by issuing an Addendum to the Invitation to Bid. Said Addendum will be posted to the City’s purchasing website (https://www.nola.gov/purchasing/brass/), and be provided in the Purchasing Bureau two (2) business days after the conference. The published conference report is the exclusive and authoritative record of City statements at the conference.

BID INSTRUCTIONS:

This is a solicitation by the City on behalf of the New Orleans Aviation Board (NOAB). If a bidder fails to satisfy the instructions of this formal city bid solicitation, the City may deem the bid non-responsive.

Once a bid is submitted to the City, it becomes City property. A bidder should mark documents or information claimed confidential and justify any claimed exemption from public records disclosure. The City will not credit blanket confidentiality claims. The treatment of all confidentiality designations will be governed by Louisiana Public Records Law, La. R.S. 44:1, et seq.

All bids remain valid for 90 calendar days after the Bid Deadline.

Specification references to certain brands, makes, or manufacturers state only the general style, type, character, and quality desired. Equivalent products are acceptable.

The City and the NOAB are not responsible for bid costs.

Procurements produce no exclusive right to NOAB work or purchases.

Specifications under Attachment A may provide additional information for bidders.

Bidders should closely monitor the City’s purchasing website for new or revised specifications, bid instructions, notices, etc. The City will change the invitation to bid ONLY by issuing formal addendum.

Prospective bidders commit to abide by City Code, Chap. 2, and Art. XIII, Sect. 2-1120 (relative to the operations and authority of the City Inspector General).

The City adheres to the Louisiana Code of Governmental Ethics, contained in the Louisiana Revised Statutes Annotated, R.S. 42:1101, et seq. By submitting a bid, prospective bidders warrants that there are no “conflict of interest” related to this solicitation that would violate applicable Louisiana Law. Violation of the Louisiana Code of Governmental Ethics may result in rescission of contract, permit or licenses, and the imposition of fines and/or penalties, without contractual liability to the public in accordance with applicable law.

The City’s protest policy applies to this invitation to bid. The policy is available at:

https://www.nola.gov/getattachment/Purchasing/Forms/No-130-Procurement-Protest-Policy.pdf/.

Prospective bidders shall familiarize themselves with and shall comply with all applicable Federal and State Laws, parish/municipal ordinances, resolutions, and the rules and regulations of all authorities having jurisdiction over the solicitation. These laws and/or ordinance will be deemed to be included in the contract, the same as though herein written in full.

DOCUMENTS: APPLIES? YES NO Bidding Documents may be obtained online at https://www.nola.gov/purchasing/brass/ or through the City of New Orleans webpage www.nola.gov, by selecting “Brass Supplier Portal”. Addenda will be transmitted to all bidders who login and acknowledge download of Bidding Documents online from the Brass Supplier Portal, i.e. answer ‘yes’ when downloading Bidding Documents.

A. SUBMISSION

DUE:

Date:

October 16, 2026

Time:

1:00 PM CT

Location: Purchasing Bureau, City Hall, 1300 Perdido St., Room No. 4W07, New Orleans, LA 70112

Note: The City will not accept bids delivered by fax, or by email address, or at any other location than the one above, or past the date and time of submission set forth above (the “Bid Deadline”). The purchasing date and time stamp clock will be the official and sole device for determining time of receipt for all mailed and hand delivered bids. Bids received after the Bid Deadline will be date stamped and returned to the bidder unopened.

B. BID OPENING: The City will open the bids in public at the Purchasing Bureau or immediately following the Bid Deadline.

C. SUBMISSION OF

BID PACKAGE:

The bidder can submit its bid package either via a sealed envelope or online (visit https://www.nola.gov/next/purchasing/topics/brass/ for more information).

Note: A bidder should submit bids according to means that produce a written proof of delivery.

The City will not credit delivery claims lacking a written proof of delivery.

D. REQUIRED CONTENTS FOR INITIAL BID SUBMITTALS:

(PLEASE ALSO SEE SECTION “H. ATTACHMENTS” FOR FURTHER CLARIFICATION OF REQUIRED DOCUMENTS)

1. BID The bidder can:

Either

TYPED OR PRINTED BID. Said bid must bear the original signature (IN BLUE INK) by the bidder, or an authorized representative, on the form provided under Attachment C (“Bid Form”) with required attachments if any, and receipt of all addenda acknowledged.

Or

SUBMIT BID ONLINE via the City’s Supplier Portal (visit https://www.nola.gov/next/purchasing/topics/brass/ for more information on how to submit).

The bidder must enter the Total Base Bid Price online via Supplier Portal and attach completed and signed digital copies of the Bid Form (“Attachment C”), the Bid Bond (if required), a signature authorization, and any other required bid submissions or attachments as required.

2. SIGNATURE

AUTHORIZATION

At the time of bidding, the bidder shall submit a corporate resolution or written evidence of the authority of the person signing the bid package. See “Attachment E”.

Note: The City may reject the bid package as non-responsive if the bidder fails to include a copy of the appropriate signature authorization.

3. BID BOND REQUIRED? YES NO A bid bond or security in an amount not less than $ or five percent (5%) of bid amount, conditioned on the bidder’s failure to execute a contract with the City to supply the specified goods or services.

IF SUBMITTING A BID ONLINE, electronic bid bond submission is enabled through two participating surety agencies or clearinghouses, InSure Vision Technologies and Surety2000.

Contact your bonding agent for information about submitting an online Bid Bond. The City requires a Bid Bond Validation Number entered Online.

IF SUBMITTING A BID VIA SEALED ENVELOPE, the City will accept a cashier’s check, certified check or satisfactory bid bond payable to the City.

Note: The City will retain bid securities of the three (3) lowest responsible bidders until the Contract is executed or until final bid disposition. The City will return other bid securities after the bid canvass.

The successful bidder, upon failure or refusal to execute a contract with the NOAB and/or to deliver performance and/or payment bonds and any other required submittal upon written request by the City or NOAB shall forfeit to the NOAB, as liquidated damages for such failure or refusal, the bid bond or security deposited with the bid.

E. POST-BID

DEADLINE

SUBMISSION:

The two (2) apparent lowest bidders shall submit to the New Orleans Aviation Board VIA SEALED ENVELOPE the following document(s) within three (3) business days of the Bid Deadline.

Note: In addition to the following items, the City or NOAB may require the submission of other documents, otherwise the City or NOAB may deem the bid package non-responsive. The bidder shall review the Specifications.

1. SLDBE REQUIRED? YES NO

Though SLDBE participation is not required, it is highly encouraged.

2. NOAB S-03A

PARTICIPANT

QUESTIONNAIRE

REQUIRED? YES NO (See “Attachment D”).

3. BIDDER

ATTESTATION

REQUIRED? YES NO (See “Attachment G”).

4. CONFLICT OF

INTEREST

DISCLOSURE

REQUIRED? YES NO (See “Attachment H”).

5. NON-COLLUSION

AFFIDAVIT

REQUIRED? YES NO (See “Attachment I”).

6. CONTRACTORS

QUALIFICATIONS

SURVEY FORM

REQUIRED? YES NO (See “Attachment J”).

7. CERT.

REGARDING TAX

DELINQUENCY

REQUIRED? YES NO (See “Attachment K”).

F. AWARD: The City and/or NOAB may require additional information from bidders, and it may conduct inquiries to determine the bidder’s responsiveness, responsibility, and/or the accuracy of furnished information. Subject to merit-based cancellation and confirmed NOAB funding, the City will award the solicitation to the lowest responsive and responsible bidder. The City and NOAB reserve the right to reject any and all bids in whole or in part, to waive informalities, or to award as it may elect to the extend permitted by law.

G. CONTRACT:

1. TYPE None: Obtain specified good(s) or service(s) by purchase order.

Fixed Price: Obtain the specified good(s) or service(s) at the bid price.

Requirements/Price Protection: Commit to supply the good(s) or service(s) as requested, at bid price, during term of the contract.

2. TERM 2 year[s] with up to three (3) one-year renewal options As provided in Bid Specifications under Attachment A.

3. ADDITIONAL

PROVISIONS

The contract will contain additional terms and conditions shown in Contract Terms and Conditions under Attachment B and the NOAB contract under Attachment M.

4. FEES The successful bidder is responsible for any recordation, notary, and copy fees.

5. ADDITIONAL

NEEDS: THE

SUCCESSFUL

BIDDER MUST

SATISFY

INDICATED

NEEDS BEFORE

IT RECEIVES A

CONTRACT.

PERFORMANCE BOND: REQUIRED? YES NO

Supply a performance bond acceptable to the City, issued in the sum of: 100% of bid amount (first year). $_ _ Specified amount.

PAYMENT BOND: REQUIRED? YES NO

Supply a payment bond acceptable to the City, issued in the sum of: 100% of bid amount (first year). $_ _ Specified amount.

INSURANCE: REQUIRED? YES NO

Supply insurance certificates showing coverage required in the Specifications.

TAX CLEARANCE: REQUIRED? YES NO City Code Sec. 2-8.

Supply a tax clearance form. (See “Attachment L”).

LICENSES/PERMITS: REQUIRED? YES NO

Supply a physical copy to the City of all applicable and required license(s) and/or permit(s).

Note: In addition to the following items, the City or NOAB may require the submission of other documents, otherwise the City or NOAB may deem the bid package non-responsive. The bidder shall review the

Specifications.

H. ATTACHMENTS

(See specifications for further details.)

APPLIES? YES NO Bid Specifications “Attachment A” For informational purposes.

APPLIES? YES NO Contract Terms and Conditions “Attachment B” For informational purposes.

APPLIES? YES NO Bid Form “Attachment C” Due at bid submission deadline.

APPLIES? YES NO State & Local DBE Requirements Though SLDBE participation is not required, it is highly encouraged.

APPLIES? YES NO NOAB S-03A Participant Questionnaire “Attachment D” Due from the two lowest bidders and delivered to Point of Contact no later than 3 business days from the deadline to submit bids.

APPLIES? YES NO Proof of Authority “Attachment E” Due at bid submission deadline.

APPLIES? YES NO Bid Bond/Guaranty “Attachment F” Due at bid submission deadline.

APPLIES? YES NO Bidder Attestation “Attachment G”

Due from the two lowest bidders and delivered to Point of Contact no later than 3 business days from the deadline to submit bids.

APPLIES? YES NO Conflict of Interest Disclosure Affidavit “Attachment H” Due from the two lowest bidders and delivered to Point of Contact no later than 3 business days from the deadline to submit bids.

APPLIES? YES NO Non-Collusion Affidavit “Attachment I” Due from the two lowest bidders and delivered to Point of Contact no later than 3 business days from the deadline to submit bids.

APPLIES? YES NO Contractor Qualifications Survey “Attachment J” Due from the two lowest bidders and delivered to Point of Contact no later than 3 business days from the deadline to submit bids.

APPLIES? YES NO Cert. Regarding Tax Delinquency “Attachment K” Due from the two lowest bidders and delivered to Point of Contact no later than 3 business days from the deadline to submit bids.

APPLIES? YES NO Tax Clearance Authorization “Attachment L” Due prior to contract execution.

APPLIES? YES NO Required Federal Provisions “Attachment M” For informational purposes.

I. POINTS OF

CONTACT FOR

INQUIRIES:

Bidders are prohibited from contacting City employees or officials, NOAB employees or Board Members about this invitation to bid prior to NOAB Board Approval. If the bidder violates the established prohibition on communications, the City may disqualify its bid package.

For Purchasing and DBE related inquires, the bidder shall submit its question(s) in writing to the appropriate point of contact no later than seven (7) business days prior to the Bid Deadline.

1. PURCHASING For all inquiries (except DBE), please direct them to the following: NOAB Procurement Department, Louis Armstrong New Orleans International Airport, 1 Terminal Drive, 3rd floor, Kenner, Louisiana 70062. E-mail:procurement@flymsy.com.

Note: If the bidder contacts the NOAB Procurement Department via email, please include in the email the following subject line: “Bid No. 4785 – question(s)”.

2. DBE Please direct inquiries via email to philisti@flymsy.com (cc: procurement@flymsy.com), or via mail to the NOAB Community Engagement & Contract Compliance Department, Louis Armstrong New Orleans International Airport, 1 Terminal Drive, 3rd floor, Kenner, Louisiana 70062 or by telephone at: (504) 303-7611.

Note: If the bidder contacts the NOAB CECC Department via email, please include in the email the following subject line: “Bid No. 4785 – SLDBE – question(s)”.

Attachment A New Orleans Aviation Board ITB for Airport Airfield Painting and Accumulated Rubber Removal Annual Maintenance City of New Orleans Solicitation # 4785

INVITATION TO BID

CITY OF NEW ORLEANS

AIRPORT AIRFIELD PAINTING AND ACCUMULATED RUBBER REMOVAL ANNUAL MAINTENANCE

ATTACHMENT “A”

SCOPE OF WORK

A. INTRODUCTION

1. In compliance with U.S. Department of Transportation's Federal Aviation Administration (FAA) regulations and, more specifically, in accordance with the following Federal Aviation Administration (FAA) Advisory Circulars (AC) 150/5340-1M (through change number 1 [or latest change]), titled “Standards for Airport Markings,” and 150/5320- 12C (through change number 9 [or latest change]), titled “Measurement, Construction, and Maintenance of Skid Resistant Airport Pavement Surfaces,” it is the New Orleans Aviation Board’s (NOAB) objective to contract the services of a contractor specialized in providing the necessary airfield pavement painting, striping and/or re-striping and pavement sign creation/rejuvenation services as required by the NOAB’s Operations Department (Airport Operations), as well as the Airfield Maintenance Department (Airfield). In addition to required airfield painting services, the Contractor must provide accumulated rubber and/or paint removal from airport runway pavements using high water-pressure equipment to perform the work. The Contractor will also be responsible to collect and discard particles of rubber and paint in accordance with all Federal, State, City regulations and NOAB requirements.

2. The focus of this contract is on the airfield painting, striping/re-striping and pavement signage services. The NOAB maintains the ability to manage accumulated rubber and paint removal, however the Contractor shall be prepared to offer all of the services listed in this specification at all times. There may be instances where the NOAB will require the selected Contractor’s accumulated rubber/paint removal and friction testing services because the scale of the project being undertaken is beyond the abilities of what the NOAB can accomplish in-house. The terms of this contract is a two (2) year base term with the option to extend for three (3) additional one-year periods at the sole discretion of the NOAB.

3. Contractor should be prepared to perform the services required under the contract at varying hours, as specified by NOAB Airport Operations.

B. RESPONSIBILITIES

1. Contractor shall receive written direction through a Notice-To-Proceed, Work Order or Task Order to perform services on a specified runway. At that time, the Contractor shall coordinate the work ordered with Airport Operations and in conjunction with the NOAB’s Authorized Representative. These activities include, without limitation:

a. Approval of movement of traffic and safety plans prepared by Contractor;

b. On a daily basis, the access and egress of all equipment and personnel to the work area; and

c. Preparation of a work schedule showing work within the allotted "time window.”

ITB for Airport Airfield Painting and Accumulated Rubber Removal Annual Maintenance City of New Orleans Solicitation # XXXX

City of New Orleans Solicitation # 4785

2. The Contractor shall assure that all equipment is in perfect operating condition with no oil, gasoline or any type of leakage other than clean water. Repair of equipment on the runway and/or the Air Operations Area (AOA) is prohibited. In the event of any equipment failure on the runway and/or the AOA that causes the equipment to be immobile, Contractor shall coordinate its immediate removal to a location designated by the NOAB Authorized Representative for further inspection and repair.

C. PAINTING, STRIPING AND PAVEMENT MARKINGS

1. Painting, striping and pavement markings shall be sharp and comply with FAA AC 150/5340-1M (through change number 1 [or latest change]) and include enhanced pavement markings, paint color, latex paint, beads, etc. as included in the mentioned AC. The Contractor shall also have the ability to apply “RejuvaSeal” or equivalent asphalt protectant, sealant and revitalizer where deemed necessary by NOAB.

2. Contractor shall apply reflective Type III glass beads to painted lines and surface painted signs where necessary and in accordance with FAA AC 150/5340-1M (through change number 1 [or latest change]), titled “Standards for Airport Markings.”

3. Contractor shall perform paint removal operations as instructed by the NOAB’s Authorized Representative. In areas where re-striping is to be performed, removal of old paint shall be restricted to the removal of excessive and/or scaling paint. Total removal of paint will be performed in areas where markings will be completely removed.

4. It will be Contractor's responsibility to clean and fully remove any paint that the contractor either placed by error and/or spilled on the pavement without damaging the pavement’s surface. Pavement markings that are not straight, that do not follow a continuous curve radius, that are uneven and/or have some type of fault due to improper striping and/or re-striping, shall not be accepted and shall be removed/ replaced at the contractor's expense.

D. RUBBER REMOVAL REQUIREMENTS

1. At commencement of work, Contractor shall clean a small area of pavement to determine the most effective combination of water pressure and forward speed needed to remove rubber build-up on the runways.

2. While Contractor makes the final adjustment of the equipment, the pavement must be marked with paint to show the starting point of the work as well as the width to be cleaned on either side of the runway's centerline. A similar group of paint marks must be placed to show the point to be reached at the end of the first night's work. If necessary, additional width marks may be required.

3. Areas of each runway may not require rubber removal. In required areas of rubber removal the maximum width of pavement to be cleaned is 30 feet on either side of the runway's centerline, unless specifically indicated by the airport's on-site inspector, in which case, markings will be re- adjusted and noted in the daily log. The width of the area to be cleaned shall be marked to indicate widths smaller than the above mentioned width, but never less than 15 feet in the areas that require cleaning. These dimensions will serve to determine the amount of Work completed every night. Contractor and the field inspector must agree on the quantities of pavement cleaned at all times. The sum of areas cleaned shall not exceed the amount indicated in these specifications and/or as directed.

4. Vehicles acting as support to the water-blasting machine shall not be allowed to track (with their wheels) dirt onto the clean pavement Any support vehicle used as support to the main water blaster shall be located between the cleaning machine and the nearest runway's shoulder.

5. Instead of using a water truck to rinse the pavement of rubber particles, it is recommended that the water-blasting machine be used to spray the loose rubber particles to the edge of the pavement where a vacuum truck may pick-up and dispose of all the removed rubber.

6. It should be noted that the Calendar years do not imply the period of this Contract. Contract extensions beyond the base year are solely at the discretion of NOAB.

7. Payment will be made in accordance with the area measured in square feet and the contracted unit price. Unit

Prices shall include the removal of rubber and clean-up and disposal.

E. PROVISIONS FOR FRICTION TESTING FOR DURATION OF CONTRACT

1. Throughout the contract period, NOAB may include, as part of Contractor's responsibility, to perform friction testing using FAA-approved pavement friction-testing equipment (refer to the latest FAA AC 150/5320-12C (through change number 9 [or latest change]). For any additional years this contract is extended, NOAB reserves the right to determine if Contractor shall perform friction- testing or to consider another contractor to perform such services.

2. Before every friction test day, the test equipment shall be calibrated following the instruction manual that shall be available during each test in the presence and participation of by the NOAB Authorized Representative.

3. Test results shall be provided to NOAB Authorized Representative immediately after each run or as directed.

Results shall be generated by the friction-testing equipment's "on-board" computer.

4. The initial, final and other required tests shall be performed by the same equipment. Contractor shall be responsible that friction testing equipment is in working order. Retesting due to faulty equipment shall be done at Contractor's expense.

5. After any rubber removal work has been completed; friction tests will be performed within the next 5 days by an outside source. The results must indicate that the friction values (Mu) have been restored to within 10% of the Mu values measured at the uncontaminated center portion of the runway. The resulting Mu readings will determine the need to repeat the rubber removal work. Any area requiring additional cleaning and friction testing will be at Contractor's expense.

F. TRANSPORTATION SERVICES

1. Contractor shall provide a sufficient quantity of 25-yard roll-off boxes, with liners and tarps, for rubber and paint removed from the airfield. The roll-off boxes will be delivered and staged outside the AOA as directed by Airport Operations’ staff. Once one-half full, provided the waste is deemed non-hazardous from the TCLP results (see below), the contractor shall remove them from the site and transport them for disposal at an appropriate landfill. It should be noted that roll-off boxes are not designed for sludge-type materials or for materials containing free liquids.

If free liquids are encountered in the roll-off box, a vacuum truck shall be dispatched to recover and disposal of the free liquid. All free liquids must be disposed into the sanitary sewerage system within the AOA at a location directed by Airport Operations staff while under such staff supervision. This shall apply to all liquids generated during removal operations. AT NO TIME SHALL CONTRACTOR BE PERMITTED TO DISPOSE LIQUID OR SOLID WASTE ONTO PAVEMENTS, GRASS OR INTO STORM WATER DRAINS. Transportation costs shall be inclusive of fuel surcharges (if any); loading, offloading, demurrage fees (if any), all costs to/ from washout, and washout fees. All costs shall be at NO DIRECT PAY.

G. DISPOSAL SERVICES

1. Contractor will categorize the waste by collecting a representative sample for analysis by Toxicity Characteristic Leaching Procedure (TCLP) for metals, volatiles, corrosively and ignitability on a five-day turnaround time. The contractor shall properly dispose of all waste and provide completed and approved waste manifest(s) to the Airport Environmental Engineer.

No solid paint and rubber waste shall be moved offsite until approved by the Airport Environmental Engineer.

If the waste is categorized non-hazardous based on the TCLP results, all costs shall be at NO DIRECT PAY. If, however, the waste is categorized as hazardous, the airport shall reimburse the contractor for the incremental cost associated with transportation and disposal. In this case, the contractor shall be required to provide all invoices, receipts and waste manifests, as required to the Airport Operations and the Airport Environmental Engineer.

H. METHOD OF MEASUREMENT AND PAYMENT

1. Painting, Striping and Pavement Markings:

a. Payment will be based on unit price per square foot for the effective area painted, striped/re-striped that has been authorized and accepted by the NOAB Authorized Representative.

b. Pavement Markings will be based on a unit price per sign, with differential pricing for new pavement signs, repainting of existing pavement signs, and installation of preformed thermoplastic signs.

2. Accumulated Rubber and/or Paint Removal:

a. Payment will be based on unit price per square foot of area cleaned to specifications.

3. Friction Tests:

a. Payment will be based on the effective foot-length of runway recorded on each test run. Test-runs shall not exceed the runway's effective length less 1000 feet and all resulting readings shall not have any interruptions. Retesting, if necessary, will be at Contractor's expense.

4. Travel time/pay is not authorized under any portion of this Contract.

5. Non-performance of any portion of this contract shall give the NOAB the right to terminate the Contract.

6. The NOAB reserves the right to terminate, in whole or in part, the contract with thirty (30) day written notice for any reason.

I. STIPULATED DAMAGES

1. DAMAGES CAUSED BY DELAY OR FAILURE TO MEET MINIMUM PERFORMANCE STANDARDS.

a. During Operations: The failure of the Contactor to adhere to the NOAB’s operating standards will result in inconvenience to the public and will adversely affect the operation of the Airport. Although quantification of damages is difficult, the NOAB and the Contractor agree that the stipulated damages including but not limited to those set forth below are reasonable estimates of the actual damages that would be incurred by the public and the NOAB for the specified breaches of the foregoing operating standards. Further, the Contractor agrees to pay to the NOAB as stipulated damages at the rates or in the amounts specified below.

b. The damages required by this section are intended to reflect the inconvenience to the public and adverse effects on the Airport’s operation. Payment of said damages shall not relieve the Contractor of responsibility for damage, personal injury, or other harm caused by any of these violations. Repeated violations may result in the Contractor being in default of the Contract.

From time of notifications:

Infraction 1st

Violation* 2nd

Violation* 3rd

Violation*

• Failure to deliver, on time, required items such as reports or other materials as specified in the contract.

Written Warning

$50.00/day $100.00/day

• Failure to comply with directions of the NOAB Authorized Representative pursuant to a material obligation under terms of the contract.

Written Warning

$50.00/day

$100.00/day

*Such dollar amounts shall become effective upon the expiration of 24 hours of notification and will be assessed on a Calendar Day basis.

c. It is neither the intent nor desire of the NOAB to penalize the Contractor. The NOAB will assist the Contractor in identifying issues and will work expeditiously with the Contractor to remedy each problem in a timely and effective manner. However, disruption of customer service to passengers is unacceptable and without satisfactory resolution, the above nominal damages will be assessed to compensate the NOAB for its increased time and administrative expenses.

d. The Contractor waives any requirement of law or of this Contract that NOAB put the Contractor in default, formally or informally, as a precondition for assessment of said stipulated damages. The NOAB reserves the right to waive, in full or in part, its entitlement to stipulated damages and to proceed instead with claims for actual damages for the items of damage that are otherwise included within stipulated damages set out herein.

e. The NOAB has the right to set off any amounts owed by Contractor to NOAB against any amounts invoiced by Contractor to the NOAB.

2. DAMAGES OTHER THAN DELAY DAMAGES

a. In addition to the stipulated damages resulting from delay, and in the event of Contractor’s failure to comply with any obligations of this contract, the NOAB shall be additionally entitled to claim and assess against the Contractor any actual damages resulting to the NOAB in addition to the stipulated damages resulting from delay. Such additional actual damages shall not include any damages resulting solely from delay, and shall not be duplicative of the damages suffered by the NOAB as a result of delay and set forth above as stipulated damages.

b. If the NOAB should terminate Contractor's right to proceed, the resulting claims of the NOAB shall consist of any applicable stipulated damages until such reasonable time as may be required for final completion of the work, together with any and all items of damages not covered in stipulated damages.

J. JOBSITE ACCESS

1. Portions of the work require access for workers and their tools and materials onto the Aircraft Operation Area (AOA). Driving within the AOA will be allowed only with an NOAB escort, with required insurance coverage.

2. At least two of Contractor’s on-site personnel shall be badged for access to secure areas of the Airport. In addition, those personnel shall complete the NOAB’s AOA driver’s test annually. The badged personnel shall be required to escort all non-badged Contractor personnel in accordance the Airport’s published Rules and Regulations.

3. Contractor is responsible for access to secure areas for all potential sub-contractors.

4. In order for Contractor to use a crane or other high equipment, appropriate notifications to the FAA must be filed in a timely manner and airspace approval must be given before work can proceed.

5. A permit must be issued by the NOAB Airport Rescue and Firefighting (ARFF) Chief and the NOAB’s fire watch procedures must be complied with when any open flame or torch is used.

6. The Contractor’s name shall be affixed to both sides of all company vehicles, and be visible to the tower, in accordance with NOAB Rules and Regulations. To a reasonable extent, with approval by the Authorized Representative, the Contractor will be allowed to use multiple vehicles in the course of repairs and maintenance.

The vehicles must be professionally marked company vehicles with proper beacon.

7. Parking on the airfield, in authorized areas, while working, is at no cost. Any other parking (i.e. around the terminal, public areas, parking garages, etc.) is subject to associated cost.

8. Contractor understands and agrees that fines and/or penalties may be assessed by the Transportation Security Administration for the successful bidder’s (and its employees’) non-compliance with the provisions of 49 CFR Part 1542 entitled “Airport Security”, as amended from time to time, or by other agencies for noncompliance with laws or regulations applicable to the Contractor’s performance of this contract. Any fines or penalties assessed against the City because of Contractor’s non-compliance with 49 CFR Part 1542 or other applicable laws or regulations must be reimbursed to the City by the Contractor within ten days of receipt of written notice from the Director of Aviation stating the amount of the fine or penalty.

K. SAFETY

1. Contractor is responsible for all safety coordination and programs involved with the work.

2. A pre-construction safety briefing shall be conducted by Airport Operations personnel with the contractor, prior to the beginning of any work being performed on the airfield.

3. All Contractor personnel performing maintenance shall wear proper safety equipment including fluorescent orange safety vests, hard hats, gloves and safety shoes.

4. Contractor shall be familiar with manufacturer’s warnings and shall take safety precautions recommended.

5. Safety harnesses or other safety equipment needed for use of man lifts, cherry pickers or ladders shall be required.

6. Contractor shall provide a Job Hazard Analysis for each activity performed and shall ensure employees are trained and held accountable for compliance. Also included shall be a list of competent persons.

L. UTILITIES

1. Contractor shall verify the location of all existing on-site utilities at which he is to work with and is to coordinate all work with said utilities with the NOAB Authorized Representative.

2. When necessary, the Contractor shall provide portable electrical power generation and lighting as needed.

M. REQUIRED REFERENCES

1. FAA Advisory Circular 150/5320-12C (through change number 9) titled: MEASUREMENT, CONSTRUCTION, AND MAINTENANCE OF SKID RESISTANT AIRPORT PAVEMENT SURFACES.

2. FAA Advisory Circular 150/5340-1M (through change number 1) titled: STANDARDS FOR AIRPORT

MARKINGS.

- END OF SECTION -

Attachment A-1

ITB for Airport Airfield Painting and Accumulated Rubber Removal Annual Maintenance

City of New Orleans Solicitation No. 4785

Attachment A-1 New Orleans Aviation Board ITB for Airport Airfield Painting and Accumulated Rubber Removal Annual Maintenance City of New Orleans Solicitation No. 4785

INSURANCE REQUIREMENTS

The successful bidder shall purchase in its name and maintain at a minimum, for the duration of the Contract, at the successful bidder's sole cost and expense, the following insurance policies to provide primary coverage for claims and/or suits that may arise out of or result from the performance of the work of the successful bidder, its agents, partner, laborer, supplier, employee, representatives and any subcontractor or by anyone directly or indirectly employed by any of them to perform or furnish any of the Work, or by anyone for whose acts any of them may be liable:

1. Workers' Compensation Insurance with statutory limits of liability and minimum Employer's Liability Limits of One Million Dollars ($1,000,000).

2. Automobile Liability Insurance with a minimum Ten Million Dollars ($10,000,000) combined single limit per occurrence for bodily injury and property damage. The insurance shall include coverage for owned vehicles, hired vehicles and non-owned vehicles.

3. Commercial General Liability insurance with a minimum Five Million Dollars ($5,000,000) combined single limit per occurrence bodily injury and property damage. This insurance shall include coverage for premises- operations, broad-form contractual liability, products and completed operations, use of successful bidders and subcontractors, personal injury, and broad-form property damage. A "Claims made" form shall not be acceptable. The "occurrence form" shall not have a "sunset clause".

4. The insurance policies herein required shall contain or be endorsed to contain the following provisions:

a) The Workers' Compensation coverage shall contain an express waiver of all rights against the City of New Orleans and NOAB, its elected and appointed officials, officers, agents, directors, volunteers, and employees, for losses arising from the services performed by the Successful bidder for the City.

b) The City of New Orleans, the NOAB and their respective officers, officials, and employees are to be added as additional insured as respects liability arising out of activities performed by or on behalf of the successful bidder; products and completed operations of the successful bidder, premises owned, occupied or used by the successful bidder. The coverage shall contain no special limitations on the scope of protection afforded the additional insured.

c) Certificate holder should be listed as:

The City of New Orleans by and through the

New Orleans Aviation Board

P.O. Box 20007

New Orleans, LA 70141

5. All insurance required by this section shall be placed with insurers that are licensed and authorized to do business in the State of Louisiana and have a rating of no less than A-VI in the most current edition of the A.M. Best Insurance Report, AAA in Moody's, and AAA in S&P.

6. The successful bidder shall provide original certifications of the required insurance coverage at City/NOAB request.

Annual renewals of certificates of insurance shall be furnished to the Authorized Representative.

7. The successful bidder shall provide the NOAB with certificates of insurance evidencing all the required coverages purchased and maintained in accordance with this Agreement. Prior to commencement of any Work or services under this Agreement, the Contractor shall provide to the NOAB certificates of insurance acceptable to NOAB evidencing all insurance coverages required under this Agreement.

Attachment A-1

ITB for Airport Airfield Painting and Accumulated Rubber Removal Annual Maintenance

City of New Orleans Solicitation No. 4785

Attachment A-1 New Orleans Aviation Board ITB for Airport Airfield Painting and Accumulated Rubber Removal Annual Maintenance City of New Orleans Solicitation No. 4785

a) To the extent commercially available and in accordance with the terms and provisions of the applicable insurance policies, the certificates and policies shall provide that NOAB shall receive at least thirty (30) days’ prior written notice of cancellation, nonrenewal, or material reduction in coverage, except that at least ten (10) days’ prior written notice shall be provided for cancellation due to nonpayment of premium.

b) If an insurer offers greater notice periods by endorsement, including sixty (60) days’ notice, Contractor shall use commercially reasonable efforts to obtain and provide such endorsement to NOAB.

c) Contractor shall further provide prompt written notice to NOAB upon becoming aware of any cancellation, lapse, nonrenewal, or material reduction in required insurance coverage, regardless of whether notice is provided directly by the insurer.

8. Failure of NOAB to receive notice from the insurer, broker, or Contractor shall not impose any obligation or liability upon the insurer, its agents, representatives, or affiliates. In the event of any inconsistency between insurance provisions contained in this Agreement or related solicitation documents, the more stringent requirement shall control unless otherwise approved in writing by NOAB.

9. The providing of any insurance required herein does not relieve the successful bidder of any of the Agreement responsibilities or obligations or for which the successful bidder may be liable by law, agreement, contract or otherwise.

10. The successful bidder’s failure to provide and maintain such insurance in force as required above shall materially breach the Agreement and, at the NOAB’s option, occasion an immediate cancellation for cause thereof.

11. In any work on the Airport that requires access by the successful bidder to the United States Customs Federal Inspection Service (FIS) Area, the successful bidder shall be responsible for all required clearances and Customs Insurance/Bonding required for work in this area.

-END OF DOCUMENT-

Airport’s Contract Terms and Conditions

AIRPORT’S CONTRACT TERMS AND CONDITIONS

TABLE OF CONTENTS

1. ACKNOWLEDGMENT OF EXCLUSION OF WORKER’S COMPENSATION

COVERAGE.

2. ACKNOWLEDGMENT OF EXCLUSION OF UNEMPLOYMENT

COMPENSATION COVERAGE.

3. ASSIGNMENT.

4. AMENDMENT.

5. AUDIT AND INSPECTION.

6. CHOICE OF LAWS.

7. CONFLICT OF INTEREST.

8. CONSTRUCTION OF AGREEMENT.

9. CONVICTED FELON STATEMENT.

10. DECLARED DISASTER.

11. STATE/LOCAL DISADVANTAGED BUSINESS ENTERPRISE

12. DURATION.

13. EMPLOYEE VERIFICATION.

14. ENTIRE AGREEMENT.

15. EQUAL EMPLOYMENT OPPORTUNITY.

16. EXCLUSIVE JURISDICTION AND VENUE.

17. EXTENSION.

18. INCORPORATION INTO SUBCONTRACTS.

19. INDEMNIFICATION.

20. INDEPENDENT CONTRACTOR STATUS.

21. LIMITATIONS OF THE AIRPORT’S OBLIGATIONS.

22. LIVING WAGES.

23. NO THIRD PARTY BENEFICIARIES.

24. NON-DISCRIMINATION.

25. NON-EXCLUSIVITY.

26. NON-SOLICITATION.

27. NON-WAIVER.

28. OWNERSHIP INTEREST DISCLOSURE.

29. PAYMENT OF INVOICES

30. PROMPT PAYMENT

31. PERFORMANCE MEASURES.

32. PROHIBITION AGAINST FINANCIAL INTEREST IN CONTRACT.

33. PROHIBITION ON POLITICAL ACTIVITY.

34. REMEDIES CUMULATIVE.

35. SEVERABILITY.

36. SUBCONTRACTOR REPORTING.

37. SURVIVAL.

38. SUSPENSION.

39. TERMINATION FOR CAUSE.

40. TERMINATION FOR CONVENIENCE.

41. TERMINATION FOR NON-APPROPRIATION.

42. TERMS BINDING.

43. WAIVER OF SICK AND ANNUAL LEAVE BENEFITS.

1. ACKNOWLEDGMENT OF EXCLUSION OF WORKER’S COMPENSATION

COVERAGE. The Contractor herein expressly agrees and acknowledges that it is an independent contractor as defined in R.S. 23:1021 (6) and as such, it is expressly agreed and understood between the parties hereto, in entering into this Contract, that the Airport shall not be liable to the Contractor for any benefits or coverage as provided by the Workmen's Compensation Law of the State of Louisiana, and further, under the provisions of R.S. 23:1034 anyone employed by the Contractor shall not be considered an employee of the Airport for the purpose of Worker’s Compensation coverage.

2. ACKNOWLEDGMENT OF EXCLUSION OF UNEMPLOYMENT

COMPENSATION COVERAGE. The Contractor herein expressly declares and acknowledges that it is an independent contractor, and as such is being hired by the Airport under this Contract for hire as noted and defined in R.S. 23:1472 (E), and therefore, it is expressly declared and understood between the parties hereto, in entering into this Contract, or agreement for hire, and in connection with unemployment compensation only, that:

a. The Contractor has been and will be free from any control or direction by the Airport over the performance of the services covered by this contract; and

b. Services to be performed by the Contractor are outside the normal course and scope of the Airport’s usual business; and

c. The Contractor has been independently engaged in performing the services listed herein prior to the date of this Contract.

Consequently, neither the Contractor nor anyone employed by the Contractor shall be considered an employee of the Airport for the purpose of unemployment compensation coverage, the same being hereby expressly waived and excluded by the parties hereto.

3. ASSIGNMENT. The Contractor shall not assign any interest in this Contract and shall not transfer any interest in the same without prior written consent of the Airport.

4. AMENDMENT. The Contract shall not be modified except by written amendment executed by duly authorized representatives of the parties.

5. AUDIT AND INSPECTION:

a. The Contractor will submit to any Airport audit, inspection, and review and, at the Airport’s request, will make available all documents relating or pertaining to this Contract maintained by or under the control of the Contractor, its employees, agents, assigns, successors and subcontractors, during normal business hours at the Contractor’s office or place of business in Louisiana. If no such location is available, the Contractor will make the documents available at a time and location that is convenient for the Airport.

b. The Contractor will abide by all provisions of City Code § 2-1120, including but not limited to City Code § 2-1120(12), which requires the Contractor to provide the Office of Inspector General with documents and information as requested. Failure to comply with such requests shall constitute a material breach of the Contract. The Contractor agrees that it is subject to the jurisdiction of the Orleans Parish Civil District Court for purposes of challenging a subpoena.

6. CHOICE OF LAWS. This Contract shall be construed and enforced in accordance with the laws of the State of Louisiana, without regard to its conflict of laws provisions.

7. CONFLICT OF INTEREST. In the interest of ensuring that efforts of the Contractor do not conflict with the interests of the Airport, and in recognition of the Contractor’s responsibility to the Airport, the Contractor agrees to decline any offer of employment if its independent work on behalf of the Airport is likely to be adversely affected by the acceptance of such employment.

The initial determination of such a possibility rests with the Contractor. It is incumbent upon the Contractor to notify the Airport and provide full disclosure of the possible effects of such employment on the Contractor's independent work in behalf of the Airport. Final decision on any disputed offers of other employment for the Contractor shall rest with the Airport.

8. CONSTRUCTION OF AGREEMENT. Neither party will be deemed to have drafted the Contract. The Contract has been reviewed by all parties and will be construed and interpreted according to the ordinary meaning of the words used so as to fairly accomplish the purposes and intentions of all parties. No term of the Contract will be construed or resolved in favor of or against the Airport or the Contractor on the basis of which party drafted the uncertain or ambiguous language. The headings and captions of the Contract are provided for convenience only and are not intended to have effect in the construction or interpretation of the Contract. Where appropriate, the singular includes the plural, and neutral words and words of any gender include the neutral and other gender.

9. CONVICTED FELON STATEMENT. The Contractor complies with City Code § 2- 8(c) and no principal, member, or officer of the Contractor has, within the preceding five years, been convicted of, or pled guilty to, a felony under state or federal statutes for embezzlement, theft of public funds, bribery, or falsification or destruction of public records.

10. DECLARED DISASTER.

A. Declaration. During the declaration of an emergency by federal, state, and/or local government, the Contractor shall provide support to the Airport on an as-needed and task-order-driven basis. Because of the uncertainty of the scale and/or type of emergency, the services to be provided by the Contractor will vary and may need to be adjusted as needs are identified. The Contractor may be requested to provide a range of services. Said services may need to be rendered on a continual basis (24 hours / 7 days per week) during the declaration of an emergency.

B. Task Order. Notification and Personnel. Prior or during the declaration of an emergency, the Airport will notify the Contractor via task order if the Airport requires the Contractor’s support. Upon activation by task order, the Contractor will provide the Airport with contact information of personnel assigned to the task order; and coordinate with the Airport to identify any personnel available to meet the Airport’s needs.

C. Purchase Order. Once services are identified, the Airport will issue a purchase order to the Contractor. The Airport will issue a subsequent purchase order in case of additional needs for services, or may issue a modified purchase order if changes are made to the initial purchase order.

D. The Contractor will ensure that the Airport is provided with timely and accurate reports and other documentation, as requested.

11. WAIVED.

12. DURATION. The Term of this Contract shall be for one (1) year, beginning on the Effective Date. It is understood and acknowledged by all signers to this Contract that work described under these terms is to be accomplished during the time period specified herein.

13. EMPLOYEE VERIFICATION. The Contractor swears that (i) it is registered and participates in a status verification system to verify that all employees in the State of Louisiana are legal citizens of the United States or are legal aliens; (ii) it shall continue, during the term of this Contract, to utilize a status verification system to verify the legal status of all new employees in the State of Louisiana; and (iii) it shall require all subcontractors to submit to the Contractor a sworn affidavit verifying compliance with items (i) and (ii) above. Any violation of the provisions of this paragraph may subject this Contract to termination, and may further result in the Contractor being ineligible for any public contract for a period of three years from the date the violation is discovered. The Contractor further acknowledges and agrees that it shall be liable for any additional costs incurred by the Airport occasioned by the termination of this Contract or the loss of any license or permit to do business in the State of Louisiana resulting from a violation of this provision. The Contractor will provide to the Airport a sworn affidavit attesting to the above provisions if requested by the Airport. The Airport may terminate this Contract for cause if the Contractor fails to provide such the requested affidavit or violates any provision of this paragraph.

14. ENTIRE AGREEMENT. This Contract, including all incorporated documents, constitutes the final and complete agreement and understanding between the parties. All prior and contemporaneous agreements and understandings, whether oral or written, are superseded by this Contract and are without effect to vary or alter any terms or conditions of this Contract.

15. EQUAL EMPLOYMENT…