IFB Specs_APA 2024 RW 10-28 Seal Coat.pdf

ARAPAHOE COUNTY PUBLIC AIRPORT AUTHORITY

ENGLEWOOD, COLORADO

BIDDING REQUIREMENTS AND CONTRACT DOCUMENTS

for

2024 RUNWAY10/28 SEAL COAT AND MARKING REMOVAL

AND REMARK AIRFIELD

ISSUED FOR BID

February 7, 2024

TOC-1 TABLE OF CONTENTS

TABLE OF CONTENTS

BIDDING REQUIREMENTS

Advertisement ....................................................................................................................... I-1 – I-1 Notice to Bidders ............................................................................................................... II-1 – II-2 Proposal ........................................................................................................................... III-1 – III-4 Bid Documents ............................................................................................................... IV-1 – IV-2

CONTRACT FORMS

Notice of Award ................................................................................................................. V-1 – V-1 Contract Agreement ........................................................................................................ VI-1 – VI-8 Performance Bond ....................................................................................................... VII-1 – VII-2 Payment Bond ............................................................................................................ VIII-1 – VIII-2 Notice to Proceed ............................................................................................................ IX-1 – IX-1

CONDITIONS OF THE CONTRACT

Airport Special Provisions ................................................................................................. X-1 – X-7

GENERAL PROVISIONS

Section 10 Definition of Terms ........................................................................................ 10-1 – 10-8 Section 20 Proposal Requirements and Conditions ......................................................... 20-1 – 20-3 Section 30 Award and Execution of Contract .................................................................. 30-1 – 30-2 Section 40 Scope of Work ............................................................................................... 40-1 – 40-3 Section 50 Control of Work ............................................................................................. 50-1 – 50-4 Section 60 Control of Materials ....................................................................................... 60-1 – 60-3 Section 70 Legal Regulations and Responsibility to Public ............................................ 70-1 – 70-5 Section 80 Execution and Progress .................................................................................. 80-1 – 80-5 Section 90 Measurement and Payment ............................................................................ 90-1 – 90-7

GENERAL CONDITIONS

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

TECHNICAL SPECIFICATIONS

Item P-608R Rapid Cure Seal Coat ............................................................... P-608R-1 – P-608R-7 Item P-620 Runway and Taxiway Marking ........................................................ P-620-1 – P-620-5

BIDDING REQUIREMENTS

I-1

ADVERTISEMENT

2024 RUNWAY10/28 SEAL COAT AND MARKING REMOVAL

AND REMARK AIRFIELD

CENTENNIAL AIRPORT

Sealed bids for 2024 Runway 10/28 Seal Coat and Marking Removal and Remark Airfield, 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 February28, 2024, and then opened, read aloud and canvassed.

The work involved includes marking removal, rapid cure seal coat, and remarking Runway 10/28 asphalt pavements and remark the airfield. Work on Runway 10/28 and Taxiway C connectors must be completed prior to May 25, 2024.

A complete set of Plans and Bidding Requirements and Contract Documents may be obtained on or after February 7, 2024, via email to Molly.McGuire@jacobs.com.

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 Molly McGuire, JACOBS, via email to molly.mcguire@jacobs.com. Questions are due by 10:00 a.m., February 21, 2024.

Questions received after this time will not be accepted.

II-1

NOTICE TO BIDDERS

Sealed bids for 2024 Runway 10/28 Seal Coat and Marking Removal and Remark Airfield, 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 February 28, 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, Denver, Colorado.

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 30 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 7, 2024, and any addenda issued to bidders, labeled “2024 Runway 10/28 Seal Coat and Marking Removal and Remark Airfield”. All are all part of the contract.

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.

II-2

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 2024 Runway 10/28 Seal Coat and Marking Removal and Remark Airfield, at Centennial Airport, to be opened at 10:00 a.m., local time, on February 28, 2024, at the Arapahoe County Public Airport Authority, 7565 South Peoria Street, Englewood, Colorado 80112.

III-1

PROPOSAL

2024 RUNWAY 10/28 SEAL COAT AND MARKING REMOVAL

AND REMARK AIRFIELD

CENTENNIAL AIRPORT

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 2024 Runway 10/28 Seal Coat and Marking Removal and Remark Airfield, 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 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.

The undersigned agrees that this Proposal may not be withdrawn for a period of 30 days from the opening thereof.

III-2

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 2024 Runway 10/28 Seal Coat and Marking Removal and Remark Airfield, 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.

III-4

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

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.

IV-2

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 2024 Runway 10/28 Seal Coat and Marking Removal and Remark Airfield, at Centennial Airport, and it is appearing that your proposal of ($_________________), for 2024 Runway 10/28 Seal Coat and Marking Removal and Remark Airfield 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

2024 RUNWAY 10/28 SEAL COAT AND MARKING REMOVAL

AND REMARK AIRFIELD

CENTENNIAL AIRPORT

ENGLEWOOD, COLORADO

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 2024 Runway 10/28 Seal Coat and Marking Removal and Remark Airfield, at Centennial Airport, in strict accordance with the Plans and Specifications, including addenda, dated February 7, 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 2024 Runway 10/28 Seal Coat and Marking Removal and Remark Airfield, 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 7, 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

VI-2

injury to persons which may arise both of and during operations under this Contract, 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. 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.

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

c. Withholding, Sponsor from Contractor. The Sponsor may withhold or cause to be withheld from the Contractor so much of the accrued payments or advances as may be considered necessary to pay laborers and mechanics employed by the Contractor or any subcontractor on the work the full amount of wages required by this contract.

d. Nonpayment of Wages. If the Contractor or any subcontractor fails to pay any laborer or mechanic employed or working on the site of the work any of the wages required by this contract, the Sponsor may, after written notice to the Contractor, take such action as may be necessary to cause the suspension of any further payment or advance of funds until the violations cease.

e. Subcontracts. The Contractor shall insert in each of their subcontracts the provisions contained in paragraphs b., c., d., and f. and also a clause requiring the subcontractors to include these provisions in any lower tier subcontracts which they may enter into, together with a clause requiring this insertion in any further subcontracts that may in turn be made.

f. Contract Termination. A breach of paragraphs a., b., d., and/or e. may be grounds for termination of the contract.

ACCESS TO RECORDS AND REPORTS

The Contractor must maintain an acceptable cost accounting system. The Contractor agrees to provide the Owner, the Federal Aviation Administration and the Comptroller General of the United States or any of their duly authorized representatives access to any books, documents, papers and records of the Contractor which are directly pertinent to the specific contract for the purpose of making audit, examination, excerpts and transcriptions. The Contractor agrees to maintain all books, records and reports required under this contract for a period of not less than three years after final payment is made and all pending matters are closed.

VI-3

BREACH OF CONTRACT TERMS

Any violation or breach of terms of this contract on the part of the Contractor or its subcontractors may result in the suspension or termination of this contract or such other action that may be necessary to enforce the rights of the parties of this agreement.

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

Owner may proceed with termination of the contract if the Contractor fails to correct the breach by the deadline indicated in the Owner’s notice.

The duties and obligations imposed by the Contract Documents and the rights and remedies available thereunder are in addition to, and not a limitation of, any duties, obligations, rights and remedies otherwise imposed or available by law.

GENERAL CIVIL RIGHTS PROVISIONS

The Contractor agrees to comply with pertinent statutes, Executive Orders and such rules as are promulgated to ensure that no person shall, on the grounds of race, creed, color, national origin, sex, age, or disability be excluded from participating in any activity conducted with or benefiting from Federal assistance.

This provision binds the Contractor and subcontractors from the bid solicitation period through the completion of the contract. This provision is in addition to that required by Title VI of the Civil Rights Act of 1964.

CIVIL RIGHTS – TITLE VI ASSURANCE

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 any contract entered into pursuant to this advertisement, disadvantaged business enterprises will be afforded full and fair opportunity to submit bids in response to this invitation and will not be discriminated against on the grounds of race, color, or national origin in consideration for an award.

Compliance with Nondiscrimination Requirements

During the performance of this contract, the Contractor, for itself, its assignees, and successors in interest (hereinafter referred to as the “Contractor”), agrees as follows:

1. Compliance with Regulations: The Contractor (hereinafter includes consultants) will comply with the Title VI List of Pertinent Nondiscrimination Acts and Authorities, as they may be amended from time to time, which are herein incorporated by reference and made a part of this contract.

VI-4

2. Nondiscrimination: The Contractor, with regard to the work performed by it during the contract, will not discriminate on the grounds of race, color, or national origin in the selection and retention of subcontractors, including procurements of materials and leases of equipment. The Contractor will not participate directly or indirectly in the discrimination prohibited by the Nondiscrimination Acts and Authorities, including employment practices when the contract covers any activity, project, or program set forth in Appendix B of 49 CFR part 21.

3. Solicitations for Subcontracts, including Procurements of Materials and Equipment: In all solicitations, either by competitive bidding or negotiation made by the Contractor for work to be performed under a subcontract, including procurements of materials, or leases of equipment, each potential subcontractor or supplier will be notified by the Contractor of the contractor’s obligations under this contract and the Nondiscrimination Acts and Authorities on the grounds of race, color, or national origin.

4. Information and Reports: The Contractor will provide all information and reports required by the Acts, the Regulations, and directives issued pursuant thereto and will permit access to its books, records, accounts, other sources of information, and its facilities as may be determined by the Sponsor to be pertinent to ascertain compliance with such Nondiscrimination Acts and Authorities and instructions.

Where any information required of a contractor is in the exclusive possession of another who fails or refuses to furnish the information, the Contractor will so certify to the Sponsor, as appropriate, and will set forth what efforts it has made to obtain the information.

5. Sanctions for Noncompliance: In the event of a Contractor’s noncompliance with the non-discrimination provisions of this contract, the Sponsor will impose such contract sanctions as it may determine to be appropriate, including, but not limited to:

a. Withholding payments to the Contractor under the contract until the Contractor complies; and/or

b. Cancelling, terminating, or suspending a contract, in whole or in part.

6. Incorporation of Provisions: The Contractor will include the provisions of paragraphs one through six in every subcontract, including procurements of materials and leases of equipment, unless exempt by the Acts, the Regulations, and directives issued pursuant thereto. The Contractor will take action with respect to any subcontract or procurement as the Sponsor may direct as a means of enforcing such provisions including sanctions for noncompliance. Provided, that if the Contractor becomes involved in, or is threatened with litigation by a subcontractor, or supplier because of such direction, the Contractor may request the Sponsor to enter into any litigation to protect the interests of the Sponsor. In addition, the Contractor may request the United States to enter into the litigation to protect the interests of the United States.

List of Pertinent Nondiscrimination Acts and Authorities

During the performance of this contract, the Contractor, for itself, its assignees, and successors in interest (hereinafter referred to as the “Contractor”) agrees to comply with the following non-discrimination statutes and authorities; including but not limited to:

VI-5

Title VI of the Civil Rights Act of 1964 (42 USC § 2000d et seq., 78 stat. 252) (prohibits discrimination on the basis of race, color, national origin);

49 CFR part 21 (Non-discrimination in Federally-assisted programs of the Department of Transportation—Effectuation of Title VI of the Civil Rights Act of 1964);

The Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970, (42 USC § 4601) (prohibits unfair treatment of persons displaced or whose property has been acquired because of Federal or Federal-aid programs and projects);

Section 504 of the Rehabilitation Act of 1973 (29 USC § 794 et seq.), as amended (prohibits discrimination on the basis of disability); and 49 CFR part 27;

The Age Discrimination Act of 1975, as amended (42 USC § 6101 et seq.)

(prohibits discrimination on the basis of age);

Airport and Airway Improvement Act of 1982 (49 USC § 471, Section 47123), as amended (prohibits discrimination based on race, creed, color, national origin, or sex);

The Civil Rights Restoration Act of 1987 (PL 100-209) (broadened the scope, coverage and applicability of Title VI of the Civil Rights Act of 1964, the Age Discrimination Act of 1975 and Section 504 of the Rehabilitation Act of 1973, by expanding the definition of the terms “programs or activities” to include all of the programs or activities of the Federal-aid recipients, sub-recipients and contractors, whether such programs or activities are Federally funded or not);

Titles II and III of the Americans with Disabilities Act of 1990, which prohibit discrimination on the basis of disability in the operation of public entities, public and private transportation systems, places of public accommodation, and certain testing entities (42 USC §§ 12131 – 12189) as implemented by U.S.

Department of Transportation regulations at 49 CFR parts 37 and 38;

The Federal Aviation Administration’s Nondiscrimination statute (49 USC § 47123) (prohibits discrimination on the basis of race, color, national origin, and sex);

Executive Order 12898, Federal Actions to Address Environmental Justice in Minority Populations and Low-Income Populations, which ensures nondiscrimination against minority populations by discouraging programs, policies, and activities with disproportionately high and adverse human health or environmental effects on minority and low-income populations;

Executive Order 13166, Improving Access to Services for Persons with Limited English Proficiency, and resulting agency guidance, national origin discrimination includes discrimination because of limited English proficiency (LEP). To ensure compliance with Title VI, you must take reasonable steps to ensure that LEP persons have meaningful access to your programs (70 Fed.

Reg. at 74087 to 74100);

Title IX of the Education Amendments of 1972, as amended, which prohibits you from discriminating because of sex in education programs or activities (20 USC 1681 et seq).

VI-6

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, the Federal Fair Labor Standards Act (FLSA), with the same force and effect as if given in full text. The FLSA sets minimum wage, overtime pay, recordkeeping, and child labor standards for full and part-time workers.

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

OCCUPATIONAL SAFETY AND HEALTH ACT OF 1970

All contracts and subcontracts that result from this solicitation incorporate by reference the requirements of 29 CFR Part 1910 with the same force and effect as if given in full text. The employer must provide a work environment that is free from recognized hazards that may cause death or serious physical harm to the employee. The employer retains full responsibility to monitor its compliance and their subcontractor’s compliance with the applicable requirements of the Occupational Safety and Health Act of 1970 (20 CFR Part 1910). The employer must address any claims or disputes that pertain to a referenced requirement directly with the U.S. Department of Labor – Occupational Safety and Health Administration.

CERTIFICATION OF OFFEROR/BIDDER REGARDING TAX DELINQUENCY

AND FELONY CONVICTIONS

The applicant must complete the following two certification statements. The applicant must indicate its current status as it relates to tax delinquency and felony conviction by inserting a checkmark () in the space following the applicable response. The applicant agrees that, if awarded a contract resulting from this solicitation, it will incorporate this provision for certification in all lower tier subcontracts.

Certifications

1. The applicant represents that it is ( ) is not ( ) a corporation that has any unpaid Federal tax liability that has been assessed, for which all judicial and administrative remedies have been exhausted or have lapsed, and that is not being paid in a timely manner pursuant to an agreement with the authority responsible for collecting the tax liability.

2. The applicant represents that it is ( ) is not ( ) is not a corporation that was convicted of a criminal violation under any Federal law within the preceding 24 months.

Note If an applicant responds in the affirmative to either of the above representations, the applicant is ineligible to receive an award unless the Sponsor has received notification from the agency suspension and debarment official (SDO) that the SDO has considered suspension or debarment and determined that further action is not required to protect the Government’s interests. The applicant therefore must provide information to the Owner

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about its tax liability or conviction to the Owner, who will then notify the FAA Airports District Office, which will then notify the agency’s SDO to facilitate completion of the required considerations before award decisions are made.

Term Definitions

Felony conviction: Felony conviction means a conviction within the preceding twenty-four (24) months of a felony criminal violation under any Federal law and includes conviction of an offense defined in a section of the U.S. code that specifically classifies the offense as a felony and conviction of an offense that is classified as a felony under 18 U.S.C. § 3559.

Tax Delinquency: A tax delinquency is any unpaid Federal tax liability that has been assessed, for which all judicial and administrative remedies have been exhausted, or have lapsed, and that is not being paid in a timely manner pursuant to an agreement with the authority responsible for collecting the tax liability.

TERMINATION FOR CONVENIENCE

The Owner may terminate this contract in whole or in part at any time by providing written notice to the Contractor. Such action may be without cause and without prejudice to any other right or remedy of Owner. Upon receipt of a written notice of termination, except as explicitly directed by the Owner, the Contractor shall immediately proceed with the following obligations regardless of any delay in determining or adjusting amounts due under this clause:

1. Contractor must immediately discontinue work as specified in the written notice.

2. Terminate all subcontracts to the extent they relate to the work terminated under the notice.

3. Discontinue orders for materials and services except as directed by the written notice.

4. Deliver to the Owner all fabricated and partially fabricated parts, completed and partially completed work, supplies, equipment and materials acquired prior to termination of the work, and as directed in the written notice.

5. Complete performance of the work not terminated by the notice.

6. Take action as directed by the Owner to protect and preserve property and work related to this contract that Owner will take possession.

Owner agrees to pay Contractor for:

1) completed and acceptable work executed in accordance with the contract documents prior to the effective date of termination;

2) documented expenses sustained prior to the effective date of termination in performing work and furnishing labor, materials, or equipment as required by the contract documents in connection with uncompleted work;

reasonable and substantiated claims, costs, and damages incurred in settlement of terminated contracts with Subcontractors and Suppliers; and

VI-8

reasonable and substantiated expenses to the Contractor directly attributable to Owner’s termination action.

Owner will not pay Contractor for loss of anticipated profits or revenue or other economic loss arising out of or resulting from the Owner’s termination action.

The rights and remedies this clause provides are in addition to any other rights and remedies provided by law or under this contract.

TERMINATION FOR DEFAULT

Section 80-09 of FAA Advisory Circular 150/5370-10 establishes conditions, rights, and remedies associated with Owner termination of this contract due to default of the Contractor.

The total estimated cost for 2024 Runway 10/28 Seal Coat and Marking Removal and Remark Airfield, at Centennial Airport, hereof to be______________________________

IN WITNESS WHEREOF, the First Party and the Second Party, respectively, have caused this agreement to be duly executed the day and year first herein written in three (3) copies, all of which to all intents and purposes shall be considered as the original.

SPONSOR, First Party

ATTEST:

Clerk

Arapahoe County, Colorado

By:

APPROVED AS TO FORM:

(Attorney)

CONTRACTOR, Second Party

ATTEST:

Title:

Title:

VII-1

PERFORMANCE BOND

KNOWN BY ALL MEN BY THESE PRESENTS, that we, the undersigned, _________________________ as Principal, and ________________________ a corporation organized and existing under and by virtue of the laws of the State of _______________ and duly authorized to transact business in the State of Colorado, as Surety, are held and firmly bound unto the Arapahoe County Public Airport Authority, Arapahoe County, Colorado hereinafter referred to as the Sponsor, in the penal sum of

(100 percent of Contract Value) lawful money of the United States of America, for the payment of which well and truly to be made the said Principal and the said Surety do hereby bind ourselves, our heirs, executors, administrators, successors and assigns, jointly and severally, firmly by these presents, as follows:

The condition of the above obligation is such that:

WHEREAS, the said Principal has entered into a written contract with Arapahoe County Public Airport Authority, for 2024 Runway 10/28 Seal Coat and Marking Removal and Remark Airfield, at Centennial Airport, in conformity with the Plans and Contract Documents prepared by the Engineer, of Denver, Colorado, which are hereby referred to and made part hereof, the same to all intents and purposes as if written at length herein, in which contract the said Principal has contracted to perform the work specified in said contract in accordance with the terms hereof;

NOW THEREFORE, THE CONDITIONS OF THIS OBLIGATION are such that if the above bonded Principal shall well, truly, and faithfully perform said contract and any alterations in additions thereto and comply with all of the terms and provisions thereof otherwise to remain in full force and virtue, and comply; and shall fully indemnify and save harmless the Sponsor from all damages, claims, demands, expense and charge of every kind (including claims of patent infringement) arising from any act, omission, or neglect of said Principal, their agents, or employees with relation to said work; and shall fully reimburse and repay to the Sponsor all costs, damages, and expenses which they may incur in making good any default based upon the failure of the Principal to fulfill their obligation to furnish maintenance, repairs or replacements for the full guarantee period provided in the specification contained herein then this obligation shall be null and void, otherwise it shall remain in full force and effect.

Further conditions of the foregoing obligations are such that the Principal and Surety will guarantee the work performed under this contract against defects in workmanship performed by the Principal and all defects in materials furnished by them which appear within a period of one calendar year after the final acceptance of the work by the Sponsor. Under this guarantee, the Principal and surety shall repair or replace all defective workmanship and material provided by the Principal appearing within one year after the completion and acceptance of the work, at no cost to the Sponsor.

VII-2

PROVIDED FURTHER, that the Surety, for value received, hereby stipulates and agrees that no change, extension of time, alteration, or addition to the terms of the contract or to the work to be performed thereunder, or the specifications accompanying the same shall anywise affect its obligations of this bond, and it does hereby waive notice of any such change, extension of time, alteration, or addition to the terms of the contract or to the work, or the specifications.

IN WITNESS WHEREOF, said Principal and surety have set their hands and seals at __________________ this ______________ day of ___________________ 2024.

Principal (Contractor)

By: ________________________________

Attest: ______________________________

Surety

By: _______________________________

Attest: ____________________________ (Seal)

VIII-1

PAYMENT BOND

KNOWN BY ALL MEN BY THESE PRESENTS, that we, the undersigned, _________________________ as Principal, and ________________________ a corporation organized and existing under and by virtue of the laws of the State of _______________ and duly authorized to transact business in the State of Colorado, as Surety, are held and firmly bound unto the Arapahoe County Public Airport Authority, Arapahoe County, Colorado hereinafter referred to as the Sponsor, in the penal sum of

(100 percent of Contract Value) lawful money of the United States of America, for the payment of which well and truly to be made the said Principal and the said Surety do hereby bind ourselves, our heirs, executors, administrators, successors and assigns, jointly and severally, firmly by these presents, as follows:

The condition of the above obligation is such that:

WHEREAS, the said Principal has entered into a written contract with Arapahoe County Public Airport Authority, for 2024 Runway 10/28 Seal Coat and Marking Removal and Remark Airfield, at Centennial Airport, in conformity with the Plans and Contract Documents prepared by the Engineer, of Denver, Colorado, which are hereby referred to and made part hereof, the same to all intents and purposes as if written at length herein, in which contract the said Principal has contracted to perform the work specified in said contract in accordance with the terms hereof;

NOW THEREFORE, THE CONDITIONS OF THIS OBLIGATION are such that if the above Principal shall well, truly, and faithfully satisfy all claims and demands incurred by the Principal in the performance of said contract and any additions thereto, otherwise to remain in full force and virtue, and comply; and shall satisfy all claims and demands incurred in the performance of said contract and shall fully indemnify and save harmless the Sponsor from all damages, claims, demands, expense and charge of every kind (including claims of patent infringement) arising from any act, omission, or neglect of said principal, their agents, or employees with relation to said work; and shall fully reimburse and repay to the Sponsor all costs, damages, and expenses which they may incur in making good any default based upon the failure of the Principal to fulfill their obligation to furnish maintenance, repairs or replacements for the full guarantee period provided in the specification contained herein and a condition of this bond shall be that the Contractor shall at all times promptly make payments of all amounts lawfully due to all persons supplying or furnishing them or their subcontractors with labor and materials used or performed in the prosecution of work provided for in the above contract, and that the undersigned will indemnify and save harmless the Sponsor for the extent of any and all payments in connection with the carrying out of such contract, then this obligation shall be null and void, otherwise it shall remain in full force and effect.

PROVIDED FURTHER, that if the said Contractor fails to fully pay for any labor, materials, team hire, sustenance, provision, provender, gasoline, lubricating oils, fuels, VIII-2 oils, grease, coal, or any other supplies or materials used or consumed by said Contractor or their subcontractors in performance of the work contracted to be done, or fails to pay any person who supplies laborers, rental machinery, tools, or equipment, all amounts due as the result of the use of such laborers, machinery, tools or equipment, in the prosecution of the work, the Surety will pay the same in an amount not exceeding the sum specified in this bond together with interest at the rate of eight percent per annum.

PROVIDED FURTHER, that the Surety, for value received, hereby stipulates and agrees that no change, extension of time, alteration, or addition to the terms of the contract or the specifications accompanying the same shall anywise affect its obligations of this bond, and it does hereby waive notice of any such change, extension of time, alteration, or addition to the terms of the contract or to the work, or the specifications.

IN WITNESS WHEREOF, said Principal and surety have set their hands and seals at __________________ this ______________ day of ___________________ 2024.

Principal (Contractor)

By: ________________________________

Attest: ______________________________

Surety

By: _______________________________

Attest: ____________________________ (Seal)

IX-1

NOTICE TO PROCEED

To:

You are hereby authorized to proceed on this date, ________________________, for 2024 Runway 10/28 Seal Coat and Marking Removal and Remark Airfield, at Centennial Airport, in accordance with the Contract Documents and your proposal. The work shall begin no later than 10 days after the date of this notice.

By _______________________________

CONDITIONS OF THE CONTRACT

X-1

AIRPORT SPECIAL PROVISIONS

2024 RUNWAY 10/28 SEAL COAT AND MARKING REMOVAL

AND REMARK AIRFIELD

CENTENNIAL AIRPORT

ENGLEWOOD, COLORADO

1. LOCATION: Centennial Airport is located at 7565 South Peoria Street, Englewood, Arapahoe County, Colorado.

2. VEHICLE ACCESS: All vehicle access will be coordinated with the Airport. The Contractor shall obtain approval from the Airport prior to establishing haul roads within the airport property. Once established, the haul roads shall be utilized for all equipment traffic, and the equipment shall not be allowed to stray or wander away from the established routes. The haul roads shall be the responsibility of the Contractor and shall be maintained and kept in good order at all times. Water, when required, shall be applied at the locations and in the amounts necessary to minimize dust and dirt in the air operations area. Haul roads across any active pavements shall be kept clean and in good order at all times. The Contractor shall repair any damage caused by the movement of equipment on any of the haul roads, whether in designated or undesignated areas. After completion of the project, the Contractor shall be required to regrade any unpaved portions of the haul road and to reseed the area with local native grasses to match the existing conditions of the area. The performance of any work as specified by this provision, including watering, maintenance, and repair of the haul roads, shall not be measured and paid for directly, but shall be considered as necessary and incidental to the work.

3. AIRPORT SECURITY: During the course of the construction operations, the Contractor will be allowed to utilize designated construction gates as entrances to the construction site within the airside operations area.