invitation to bid city of new orleans ... - bidnet

Version: September 5, 2017 Rev BRW

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. 8910-02319 ISSUE DATE: December 8, 2017

SPONSORING CITY DEPT. OR AGENCY: New Orleans Aviation Board

BID DESCRIPTION: Airport Janitorial Services

BID CONFERENCE: None Optional

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

Date: Dec. 18, 2017

Time: 2:00 P.M.

Place: Louis Armstrong New Orleans International Airport Aviation Board Room, Mezzanine Level Above Concourse C,

Armstrong International Airport, 900 Airline Drive, Kenner, LA 70062

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 at (http://www.purchasing.nola.gov/bso/login.jsp).

BID INSTRUCTIONS: 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 is not responsible for bid costs. Procurements produce no exclusive right to City work or purchases. The “Instructions to Bidders and Bidding Forms”, “Special Provisions”, “General Provisions”, and “Summary of Work”, inclusive of all Attachments, 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. Prospecitve bidders commit to abide by City Code, Chap. 2, Art. XIII, Sect. 2-1120 (relative to the operations and authority of the City Inspector General). DOCUMENTS: APPLIES? YES NO Bidding Documents may be obtained online at http://www.purchasing.nola.gov/bso/login.jsp or through the City of New Orleans webpage www.nola.gov, by selecting “City Purchasing Portal”. Addenda will be transmitted to all bidders who login and acknowledge download of Bidding Documents online from the City Purchasing Portal, i.e. answer ‘yes’ when downloading Bidding Documents.

A. SUBMISSIONDUE:

Date:January 11,2018

Time: 11:00 a.m.

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 The bidder can submit its bid package either via a sealed envelope or online (at

http://www.purchasing.nola.gov/bso/login.jsp


http://www.cityofno.com/


BID PACKAGE: http://purchasing.nola.gov/bso/login.jsp ). 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:

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 “Louisiana Uniform Public Work Bid Form” with required attachments if any, and receipt of all addenda acknowledged.

Or SUBMIT BID ONLINE at http://purchasing.nola.gov/bso/login.jsp. The bidder must attach completed and signed digital copies of the “Louisiana Uniform Public Work Bid Form”, 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 autoirty of the person signing the bid package. See “Proof of Authority to Sign Bid” attachment in the “Instructions to Bidders and Bidding Forms”.

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. Bidder should contact its 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. At contract execution, the City will return bid securities not forfeited for failure to execute a contract with the City.

E. POST-BID DEADLINE SUBMISSION:

The two (2) apparent lowest bidders shall submit to the New Orleans Aviation Board Procurement Office the following document(s) within three (3) business days of the Bid Deadline. Note: In addition to the following items, the City may require the submission of other documents. The bidder shall review the Specifications.

1. SLDBE REQUIRED? YES NO Required by City Code Sec. 70-456 et seq. See “Instructions to Bidders and Bidding Forms” including the attachments titled “SLDBE Requirements”, “SLDBE Participation Plan”, and “SLDBE Compliance Forms” and the “Special Provisions”.

F. AWARD: The City 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 City funding, the City will award the solicitation to the lowest responsive and responsible bidder. The City reserves the right to reject any and all bids in accordance with the requirements of Louisiana Public Bid 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 year[s] with City option to renew. As provided in “Instructions to Bidders and Bidding

http://purchasing.nola.gov/bso/login.jsp

http://purchasing.cityofno.com/bso/login.jsp


Forms”.

3. ADDITIONAL PROVISIONS

The contract will contain additional terms and conditions shown in the “Instructions to Bidders and Bidding Forms”, “Special Provisions”, and “General Provisions”.

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

5. ADDITIONAL NEEDS: THE SELECTED BIDDER MUST SATISFY INDICATED NEEDS BEFORE IT RECEIVES A CONTRACT.

PERFORMANCE BOND: REQUIRED? YES NO Supply a performance bond acceptable to the NOAB within ten (10) days from written request by the NOAB, issued in the sum of: 50% of bid amount. $_ _ Specified amount.

PAYMENT BOND: REQUIRED? YES NO Supply a payment bond acceptable to the NOAB within ten (10) days from written request by the NOAB, issued in the sum of: 50% of bid amount. $_ _ Specified amount.

INSURANCE: REQUIRED? YES NO Supply insurance certificates within three (3) days from written request by the NOAB showing coverage required in the “Instructions to Bidders and Bidding Forms”.

TAX CLEARANCE: REQUIRED? YES NO Required by City Code Sec. 2-8(c). Supply within ten (10) days from written request by the NOAB a tax clearance form showing that the bidder does not owe delinquent taxes to the City. See “Tax Clearance Authorization Form” in the “Instructions to Bidders and Bidding Forms”.

NON-COLLUSION AFFIDAVIT: REQUIRED? YES NO Supply said affidavit within three (3) days from written request by the NOAB. See “Non-Collusion Affidavit” in the “Instructions to Bidders and Bidding Forms”.

LICENSES/PERMITS: REQUIRED? YES NO Supply copy to the City of all applicable and required license(s) and/or permit(s) upon within ten (10) days from written request by the NOAB.

H. ATTACHMENTS “Instructions to Bidders and Bidding Forms” and Attachments

Louisiana Uniform Public Work Bid Form and Louisiana Uniform Public Bid Form – Unit Price Form

SLDBE Requirements, SLDBE Participation Plan, and SLDBE Compliance Forms

“Special Provisions” and Attachments

“General Provisions”

”Summary of Work” and Attachments

I. POINTS OF CONTACT FOR INQUIRIES:

Bidders are prohibited from contacting City employees or officials about this invitation to bid prior to the Bid Deadline. 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 Designated Purchasing Official: Name: Burma A. Jackson, Address: 1300 Perdido St , New Orleans , LA 70112 Telephone (504) 658-1554. E-mail:procurement @flymsy.com Note: If the bidder contacts the Designated Purchasing Official via email, please include in the email the following subject line: “Bid No. 8910-02319 – question(s)”.

2. DBE Please direct inquiries via email to [email protected], or via mail to the New Orleans Aviation Board, DBE Office, 900 Airline Dr, Kenner, LA 70141, or by telephone at: (504) 303-7610.

Note: If the bidder contacts the NOAB – DBE Office via email, please include in the email the following subject line: “Bid No. 8910-02319– DBE - question(s)”.

mailto:[email protected]

Louis Armstrong New Orleans International Airport Janitorial Services November 2017 Instructions to Bidders (ITB) and Bidding Forms

INSTRUCTIONS TO BIDDERS AND BIDDING FORMS

TABLE OF CONTENTS

SUBMISSION INFORMATION .................................................................................. 3

NOTICE TO BIDDERS ............................................................................................... 4

1.00 ADVERTISEMENT FOR BIDS .................................................................................... 5

1.01 BIDS ........................................................................................................... 5

1.02 PROJECT ..................................................................................................... 5

1.03 BID DOCUMENTS ....................................................................................... 6

1.04 PRE-BID CONFERENCE ................................................................................ 7

2.00 DEFINITION OF TERMS .......................................................................................... 8

3.00 INSTRUCTIONS TO BIDDERS ................................................................................. 10

3.01 BID DOCUMENTS ..................................................................................... 10

3.02 EXAMINATION OF DOCUMENTS AND SITE ................................................ 10

3.03 INTERPRETATION OF DOCUMENTS ........................................................... 10

3.04 SUBSTITUTIONS ....................................................................................... 11

3.05 ADDENDA ................................................................................................ 11

3.06 CONTRACT TIME ...................................................................................... 12

3.07 REGISTERED ............................................................................................. 12

3.08 PREPARATION OF BIDS/LOUISIANA UNIFORM PUBLIC WORK BID FORM ... 12

3.09 PUBLIC WORK UNIT PRICE BID FORM (ITEM QUANTITIES/PRICING) .......... 13

3.10 SUBMITTAL OF BIDS ................................................................................. 13

3.11 MODIFICATION AND WITHDRAWAL OF BIDS ............................................ 13

3.12 QUALIFICATIONS OF BIDDER .................................................................... 13

3.13 IRREGULAR BIDS ...................................................................................... 14

3.14 DISQUALIFICATION OF BIDDERS ............................................................... 15

3.15 STIPULATED DAMAGES ............................................................................ 16

3.16 BID SECURITY ........................................................................................... 16

3.17 PROOF OF ENTITY BIDDER AUTHORITY ..................................................... 16

3.18 SUBCONTRACTORS................................................................................... 17

3.19 MANDATORY BID SUBMISSION REQUIREMENTS ...................................... 17

3.20 SUBMISSION OF POST BID INFORMATION ................................................ 17

3.21 SUBMISSION OF POST AWARD INFORMATION ......................................... 19

Louis Armstrong New Orleans International Airport Janitorial Services November 2017 Instructions to Bidders (ITB) and Bidding Forms

4.00 CONTRACT AWARD AND EXECUTION ................................................................... 21

4.01 CONSIDERATION OF BIDS ......................................................................... 21

4.02 AWARD OF CONTRACT ............................................................................. 21

4.03 RETURN OF BID GUARANTY ...................................................................... 21

4.04 REQUIREMENTS OF CONTRACT BONDS - INSURANCE................................ 22

4.05 SURETIES.................................................................................................. 23

4.06 APPROVAL OF CONTRACT ........................................................................ 23

4.07 EXECUTION OF CONTRACT ....................................................................... 23

4.08 FAILURE TO EXECUTE CONTRACT .............................................................. 24

4.09 NOTICE TO PROCEED ................................................................................ 24

4.10 CANCELLATION OF AWARD ...................................................................... 24

5.00 SAMPLE BID FORMS ............................................................................................ 25

ATTACHMENTS

• Louisiana Uniform Public Work Bid Form and Louisiana Uniform Public Work Bid Form - Unit Price Form **

• Sample Bid Bond Form • Proof of Authority to Sign Bid • SLDBE Requirements, SLDBE Participation Plan, and SLDBE Compliance Forms* • Sample Contractor Qualification Survey • Sample Non-Collusion Affidavit • Convicted Felon Affidavit • Sample Bidder Attestation • Voluntary Bid Extension Form • City of New Orleans Tax Clearance Authorization Form • Sample Agreement • City of New Orleans Contract Terms and Conditions • Request for Removal and/or Substitution of Subcontractor Form

* Bidder must use the form provided with this ITB. All other forms may be substituted.

** Bids must be submitted on the Louisiana Uniform Public Work Bid Form Louisiana and Uniform Public Work Bid Form - Unit Price Form; bidders are not required to but may use the pre-populated versions of the Louisiana Uniform Public Work Bid Form Louisiana and Uniform Public Work Bid Form - Unit Price Form included with this ITB.

Louis Armstrong New Orleans International Airport Janitorial Services November 2017 Invitation to Bid (ITB) and Bidding Forms

Page 3 of 25

LOUIS ARMSTRONG NEW ORLEANS INTERNATIONAL AIRPORT

SUBMISSION INFORMATION

THE FOLLOWING ARE THE ONLY REQUIREMENTS TO BE CONSIDERED RESPONSIVE. All forms, except the provided SL/DBE forms, are provided for convenience only and may be substituted.

1. Attendance at the Mandatory Pre-Bid Conference and Site Tour. 2. Acknowledgement of all Addenda on a Louisiana Uniform Public Bid Form. 3. Delivery made in accordance with Article 1.00 Advertisement for Bids and Article 3.10 Submittal of

Bids. 4. To be provide with Bid submission:

a. Completed Louisiana Uniform Bid Form. Instructions are provided in Article 3.08 Preparation of Bids/Louisiana Uniform Public Work Bid Form.

b. Bid Security as described in Article 3.16. If Bidder provides a Bid Bond, Bidder may use the Bid Bond form provided or one similar which meets the requirements in Article 3.16.2.

c. If Bidder is an Entity Bidder, evidence of authority of the person signing the Bid must be submitted. Acceptable methods of providing this evidence are described in Article 3.17 Proof of Entity Bidder Authority.

5. Within three (3) business days of notification, the two (2) apparent lowest Bidders must provide: a. The completed SL/DBE forms provided with this ITB in Attachment E. Instructions are

provided in Article 3.20.1(b). b. Signed notice of intent to enter into contracts, purchase orders, or vendor agreements with

subcontractors identified on the SL/DBE forms. c. Notarized Affidavit of Non-Collusion. This form is provided for the Bidder’s convenience;

however, any form which complies with the requirements in La. R. S. 38:2224 will be accepted.

d. Completed Bidder Attestation. This form is provided for the Bidder’s convenience; however any form with complies with the requirement in La. R. S. 38:2227 will be accepted.

e. Certificate of Insurance which complies with Special Provisions Article 5.0. f. Company Financial Statements/Balance Sheets. g. Contract Qualifications Survey form as described in Article 3.12 Qualifications of Bidder.

This form is provided for the Bidder’s convenience; however, a similar form which contains the same substantive information will be accepted.

6. All other forms/information are only required after the Contract is awarded. Bidders are strongly encouraged to ask questions and request clarifications regarding the above requirements by emailing [email protected] during the time allowed for questions. Please note the City of New Orleans Protest Policy that applies to this Solicitation. The policy is available at: https://www.nola.gov/chief-administrative-office/policies/policies/no-130-procurement-protest-policy/

Any protests of this Solicitation must be filed no later than 72 hours prior to the deadline for the submission of bids, responses, or proposals. Failure to timely protest a Solicitation waives any right to challenge the Solicitation.


https://www.nola.gov/chief-administrative-office/policies/policies/no-130-procurement-protest-policy/

https://www.nola.gov/chief-administrative-office/policies/policies/no-130-procurement-protest-policy/


Page 4 of 25

NOTICE TO BIDDERS

BEFORE SIGNING AND DELIVERING THIS BID PLEASE TAKE NOTE OF THE FOLLOWING:

1. ADDENDA: Bidders must acknowledge receipt of all addenda on the Louisiana Uniform Public Bid Form. If in doubt as to the number of Addenda issued, please contact [email protected].

2. SECURITY: Sufficient Bid Security or a Bid Bond in proper form must be furnished with the Bid. Bidders are urged to carefully read Article 3.16 in its entirety.

3. MISTAKE IN BID: Bidder is responsible to review the Bid Price for possible errors in calculation or work erroneously omitted.

4. SUBCONTRACTOR TERMINATION AND SUBSTITUTION: Upon award, contractor shall not terminate, substitute or replace subcontractors on the Schedule of Contract Participation and SL/DBE Commitment Form without notifying and obtaining prior written approval from the New Orleans Aviation Board (NOAB).

5. QUESTIONS: During the Bid Phase, Bidders must submit all questions in writing, which must be received no later than 7 calendar days prior to the date on which the deadline for submitting bids is set. Questions may be emailed to [email protected].

No other method of correspondence concerning this project or the Bid Documents will be accepted.

6. PUBLIC RECORDS REQUESTS: All requests for records under the Louisiana Public Records Act must be submitted in writing to the Louis Armstrong New Orleans International Airport, Legal Department, 900 Airline Drive, Kenner, Louisiana 70062; fax to (504) 303-7600, or through the City’s website at https://nola.nextrequest.com/.


https://nola.nextrequest.com/


Page 5 of 25

1.00 ADVERTISEMENT FOR BIDS

1.01 BIDS

1.01.1 Sealed Bids for the subject project will be received and accepted only at the Bureau of Purchasing, City Hall, 1300 Perdido Street, Room 4W07, 4th Floor, New Orleans, Louisiana 70112 until the date and time for opening bids indicated on the City of New Orleans’s Invitation to Bid, as may be amended by Addenda. Bids may not be withdrawn for a period of forty-five (45) Calendar Days after the bid opening. The right is reserved by the Owner/NOAB to accept or reject any and all bids for just cause without compensation to the Bidders.

Bids may be made electronically through the Internet. Online bids may be made at http://www.purchasing.nola.gov/bso/login.jsp; and through the City web site at www.nola.gov (select City Purchasing portal).

No bid will be considered unless received at the place specified above before the time specified for opening all bids. Bids received after the bid opening time shall be returned to the bidder unopened.

Bids shall be opened and read publicly at the time and place specified in the Advertisement, as may be amended through Addenda. Bidders, their authorized agents, and other interested persons are invited to attend. Bids that have been withdrawn by request before bid opening, or received after the time specified for opening bids, shall be returned to the Bidder unopened.

1.01.2 BID DATE: The time and date for opening bids indicated on the City of New Orleans’s Invitation to Bid, as amended by any Addenda that may be issued.

1.02 PROJECT

PROJECT NAME: Janitorial Services

LOCATION: Louis Armstrong New Orleans International Airport Kenner, Louisiana

SUMMARY OF THE CONTRACT WORK:

The Work of the Project is defined by the Contract Documents and consists of the following:

All labor, supervision, materials, equipment, chemicals, supplies, and incidentals for janitorial services on LANOIA property as specified herein, including but not limited to all concourses, terminals, administrative and other office areas, Downtown Heliport, TSA areas and TSA Passenger Screening areas, Federal Inspection Services public and office areas, taxi lounge and taxi areas, ARFF facility, Airfield Maintenance building, all


http://www.nola.gov/


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interior public areas, gate hold areas, airport-owned jet bridges, short-term parking garage pedestrian bridges, Ground Transportation Center, and all extra (non-scheduled) and incidental tasks as may be required to complete the work in a manner acceptable to NOAB as set out in the Contract Documents.

There will be changes to the areas requiring janitorial services during the term of the Contract due to planned or in-construction capital improvement projects and changes in the administrative-office locations, as well as the construction of additional space at the airport that may require janitorial services. The changes in floor space and use will require a modification of the janitorial services required under this Contract. Corresponding changes in contract compensation, should any be warranted, will be determined by the application of General Provision Article 28.

BID GUARANTY:

Not Less Than 5% of the Total Bid Amount. “Total Bid Amount” is the sum of the bidder’s “Total Base Bid” plus all “Alternates” on the Public Work Bid Form.

MANDATORY PRE-BID CONFERENCE:

Date and Time: To be posted via Addenda

Location: Louis Armstrong New Orleans International Airport Aviation Board Room Mezzanine Level, Above Concourse C 900 Airline Drive Kenner, LA 70062

SL/DBE CONTRACT GOAL (PERCENTAGE):

35.00% (SLDBE-certified means locally certified with the State & Local Disadvantaged Enterprise Program through the New Orleans Aviation Board, City of New Orleans, Sewerage & Water Board, or Jazz Casino Company, LLC d/b/a Harrah’s New Orleans Jazz Casino)

1.03 BID DOCUMENTS

Bidders can obtain complete sets of Bid Documents from City of New Orleans website www.nola.gov.



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1.04 PRE-BID CONFERENCE

A Mandatory Pre-Bid Conference and Site Tour will be held at the time and place noted in Article 1.02 above. The Conference will be divided into two sessions with the first being the conference/briefing and discussion related to Bid Submission and project requirements and the second session will be a site tour of the Facilities. Critical issues and requirements will be discussed. Attendance at both sessions is mandatory for any firm, partnership or joint venture intending to submit a Bid as a prime contractor. The site tour contemplated in this article is the only site tour that will be conducted. Addenda will be issued to clarify any items or questions at the Pre-Bid Conference and/or during the Bid Phase in accordance with Article 3.05 (ADDENDA).


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2.00 DEFINITION OF TERMS

As used in the Bid Documents, the following capitalized terms shall have the meanings provided, respectively, as follows:

2.01 ADDENDA: Revisions made to the Bid Documents during the Bid Phase and prior to the date on which Bids are due. Addenda supersede Bid Documents where provisions in Addenda and the Bid Document conflict. It shall be the responsibility of the Bidder to incorporate Addenda revisions into the Bid Amount and Work. Any one of the Addenda is referred to herein as an “Addendum”.

2.02 ADVERTISEMENT: A public announcement, as required by local law, inviting bids for the Work to be performed under the Contract.

2.03 BID: A bid to perform the Work submitted to the NOAB/Owner in response to, and in accordance with the Bid Documents.

2.04 BID AMOUNT: The price of the Work specified in a Bid, also referred to as the “Bid Price” in the Bid Documents.

2.05 BIDDER: Any person, partnership, company, firm, association, corporation or other entity acting directly or through a duly authorized representative submitting a bid for the Work contemplated.

2.06 BID DOCUMENTS: All documents formally issued by or on behalf of the NOAB/Owner during the Bid Phase. Bid Documents include: Instructions to Bidders, Special Provisions, all attachments, General Provisions, specifications, Summary of Work, Facility Layout Sketches, and any Addenda which may be issued during the bidding period.

2.07 BID SECURITY: The security furnished with the Bid to guarantee the Bidder will enter into a contract if the Bid is accepted and awarded by NOAB/ Owner. This security shall be in the form of a certified check, a cashier’s check, or a Bid Bond, and shall meet the requirements set forth in Article 3.16 below.

2.08 BID PERIOD: Time specified from the first advertisement until the receipt of Bids as specified in the Bid Documents.

2.09 BID PHASE: The period that begins with the first advertisement for the work and continues until and through the deadline for submission of Bids.

2.10 BID PROPOSAL FORM: The written Bid Proposal form containing the statement or statements submitted to the NOAB/Owner by the Bidder proposing to do the Work. This form is referred to in the Bid Documents as either the “Bid Form” or the “Bid Proposal Form” or the “Louisiana Uniform Public Work Bid Form.”

2.11 BUSINESS DAY: See General Provision 1.01.4 (BUSINESS DAY).

2.12 CALENDAR DAYS: See General Provision 1.01.5 (CALENDAR DAYS).


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2.13 CONTRACT: See General Provision 1.01.8 (CONTRACT).

2.14 CONTRACTOR: See General Provision 1.01.12 (CONTRACTOR).

2.15 NOAB: The City of New Orleans by and through the New Orleans Aviation Board, as set forth in General Provisions, Article 1.01.19. Contractor’s obligations will be to both the NOAB and the City of New Orleans, and NOAB acting alone has the authority to exercise all rights of NOAB and/or the City Of New Orleans under the Contract. “Owner/NOAB” and “NOAB/Owner” shall mean either NOAB and/or Owner.

2.16 NOTICE TO PROCEED. A written notice to the Contractor to begin the actual Work on a date set forth therein. If applicable, the Notice to proceed shall state the Contract start date. Work Orders issued by NOAB shall constitute the Notice to Proceed as to the Work specified in such order.

2.17 OWNER: The City of New Orleans, also referred to as the City.

2.18 SURETY: The legal entity executing the payment and/or performance bonds furnished to NOAB by Contractor.

2.19 PAYMENT BOND: The approved form of security furnished by the Contractor and his/her Surety as a guaranty of payment in full of all bills and accounts for materials and labor associated with the Janitorial Service Work.

2.20 PERFORMANCE BOND: The approved form of security furnished by the Contractor and Contractor’s Surety as a guaranty that the Contractor will complete the Work in accordance with the terms of the Contract.

2.21 WORK: The furnishing of all labor, materials, tools, equipment, and incidentals necessary or convenient to the Contractor's performance of all duties and obligations imposed by the Contract, Summary of Work, Facility Layout Sketches, sketches etc. and/or Work orders issued during the term of the Contract. The Work is detailed in Article 1.02 above, in the Bid schedule, and technical Summary of Work.

2.22 WORK PLAN. A detailed plan which describes how the Bidder will perform the Work and accomplish the requirements of the Contract.

In the event of a conflict between the definitions of terms in this Article 2.0 and the definitions of terms in other parts of the Bid Documents where there is a question of interpretation of provisions in these Instructions to Bidders, the definition in this Article 2.0 shall prevail.


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3.00 INSTRUCTIONS TO BIDDERS

3.01 BID DOCUMENTS

See Definition of “Bid Documents”, Article 2.06 above.

3.02 EXAMINATION OF DOCUMENTS AND SITE

3.02.1 Bidders shall carefully examine the Bid Documents and the sites of the Work to obtain first-hand knowledge of the scope and the conditions of the Work. Each Contractor, subcontractor, and lower-tier subcontractors, by submitting a bid to perform any portion of the Work, represents and warrants that the Summary of Work and Facility Layout Sketches, specifications, and the sites of the Work have been examined and investigated and that from said examination and investigation, they are satisfied as to the scope, accessibility, nature and location of the Work; the character of the equipment and other facilities needed for the performance of the Work; the character and extent of other Work to be performed; the local conditions; labor availability, practices and jurisdictions and other circumstances that may affect the performance of the Work. No compensation or damages will be owed or payable by NOAB or Owner for the failure of a Contractor, subcontractor, or sub-subcontractor to inform itself as to the above-listed matters. The submission of a bid shall be prima facie evidence that the Bidder has made such examination and is satisfied as to the conditions to be encountered in performing the Work and as to the requirements of the proposed Contract, Summary of Work and Facility Layout Sketches, and plans.

3.02.2 The Bidder is expected to carefully examine the site of the proposed Work, the Bid Documents, plans, Summary of Work and Facility Layout Sketches, and Contract forms. Bidder shall be satisfied as to the character, quality, and quantities of Work to be performed, materials to be furnished, and the requirements of the proposed Contract. The submission of a bid shall be prima facie evidence that the Bidder has made such examination and is satisfied as to the conditions to be encountered in performing the Work and as to the requirements of the proposed Contract, Summary of Work and Facility Layout Sketches, and plans.

3.02.3 The site tour provided in Article 1.04, the second session of the Pre-Bid Conference, will be the only tour of the site provided by the Airport.

3.03 INTERPRETATION OF DOCUMENTS

3.03.1 If any person contemplating Bid submission for the Work is in doubt as to the meaning of any part of the Facility Layout Sketches, Summary of Work, specifications, or other Bid Documents, a written request for clarification may be submitted no later than seven (7) calendar days prior to the date set


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for opening bids or as published in writing. Written requests may be emailed to [email protected]. Such requests may be answered with an interpretation or clarification in the discretion of NOAB.

3.03.2 Any interpretation or clarification in response to a request presented pursuant to Article 3.03.1 above will be in the form of an Addendum duly issued. No verbal interpretation or rulings will be held binding upon the Owner and/or NOAB, nor be grounds for relief from any error or mistake on the part of the Bidder or subcontractors or lower tier contractors

3.04 SUBSTITUTIONS

Conditions governing the submission of substitutions for specific materials, products, equipment and processes, in General Provisions, Article 27 (REQUESTS FOR SUBSTITUTIONS) must be received not later than seven (7) Working Days prior to the established bid date in accordance with La. R.S. 38:2295.C. Conditions governing substitution of subcontractors are in General Provisions, Article 8.0 (CONTRACTOR’S WORK FORCE).

3.05 ADDENDA

Interpretations, clarifications, additions, deletions, and modifications to the Bid Documents during the Bid Phase will be issued in the form of Addenda.

3.05.1 All Addenda issued will become a part of the Bid Documents and Contract Documents.

3.05.2 Copies of such Addenda shall be posted on the City’s website at www.nola.gov.

3.05.3 Receipt of Addenda issued shall be acknowledged in the Louisiana Public Work Bid Form.

3.05.4 Except as provided in Article 3.05.5 (a) below, NOAB and/or Owner may extend the bid period up to thirty (30) days, without the requirement of re-advertising, in accordance with La. R.S. 38:2212.O (1). Said extension of up to thirty (30) days shall be accomplished by issuance of an Addendum.

3.05.5 If the necessity arises to issue an Addendum modifying the Summary of Work and/or the Facility Layout Sketches in, or other provisions in any of, the Bid Documents, within the period of seventy-two (72) hours prior to the advertised time for the opening bids, excluding Saturdays, Sundays and any other legal holidays, then:

(a) the opening of Bids shall be extended for at least seven (7), but not more than twenty-one (21), working days without the requirement of re-advertising (a “working day” being a day that is not a Saturday, a Sunday, or any other legal holiday); and

(b) the Addendum in question shall state the revised time and date for the opening of bids.



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3.06 CONTRACT TIME

The base Contract will be for a period of one (1) year from the effective date of the Notice to Proceed. This first year is sometimes herein referred to as the “Base Period.” The Contract will have three (3) additional consecutive one (1)-year option periods immediately following the Base Period that may be exercised at the sole discretion of the NOAB. These three (3), one (1)-year option periods are sometimes herein referred to as “Option Years.”

Airport has the right to cancel the Contract without cause with thirty (30) days’ notice.

3.07 REGISTERED

Any Bidders required to register with the Secretary of State must be currently registered and in good standing with the Louisiana Secretary of State’s Office at the time of Bid.

CITY OF NEW ORLEANS VENDOR REGISTRATION

The successful Bidder is required to register as an approved vendor before the Contract can be issued. City of New Orleans’ Vendor Registration can be completed online at the City Purchasing Portal: www.purchasing.cityofno.com. If you have any problems accessing the system, logging on to the system or if you do not have access to the Internet, contact the Purchasing Departments Vendor Administrator at (504) 658-1550. Assistance is available Monday through Friday, 9:00 a.m. to 4:00 p.m. CST.

3.08 PREPARATION OF BIDS/LOUISIANA UNIFORM PUBLIC WORK BID FORM

3.08.1 Prices quoted by Bidders shall include all items of cost, expense, applicable taxes, bond, insurance, profit and overhead, fees and charges incurred, or arising out of, the performance of the Work to be performed under the Contract. All mandatory Bid Requirements shall be submitted in duplicate (one ink-signed original and one duplicate original is requested). Any bids submitted without all mandatory Bid requirements will be regarded as non-responsive and will be rejected. Bidders are encouraged to initial and explain any erasures or changes to the Louisiana Public Work Bid Form. Bids containing conditions, omissions, or irregularities of any kind may be rejected. Bids must be signed by an authorized signatory.

3.08.2 When Bidders are required to submit unit prices on the Louisiana Uniform Public Bid Form Unit Price Form, for each item offered, Bidders are required to: (1) show the unit price, including, unless otherwise specified, packaging, packing, storage, and preservation, and; (2) enter the extended price for the quantity of each item offered in the “Unit Price Extension” column of the form.


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3.09 PUBLIC WORK UNIT PRICE BID FORM (ITEM QUANTITIES/PRICING)

The following applies to Work for which unit prices are to be Bid. The quantities of the Work and Materials set forth in the attached Public Work Unit Price Bid Form (Item Quantities/Pricing) approximate the quantity of Work to be performed and the quantity of materials to be furnished and are provided for the purpose of comparing the Bids on a uniform basis. NOAB does not expressly, or by implication, warrant that the actual quantities involved in the Work will correspond exactly to the estimates; nor shall the Bidder be allowed to plead misunderstanding or deception because such estimates of quantities, or of the character, location, or other conditions pertaining to the Work. Payment to the Contractor will be made only for the actual quantities of Work performed or materials furnished in accordance with the Contract requirements, Facility Layout Sketches, and Summary of Work. It is understood that the quantities may be increased or decreased by NOAB/Owner without in any way invalidating the unit Bid prices.

3.10 SUBMITTAL OF BIDS

Sealed Bids will be received as stated in Article 1.01, above, or as changed by Addenda. Bids shall be on Louisiana Uniform Public Bid Forms. Fill in all applicable blank spaces and submit one true original. Submit Bid, Bid Security, and Proof of Bidder Authority (if applicable), in an opaque, sealed envelope addressed as stated in Article 1.01.1 and plainly mark on the outside of the envelope the project name, and the name and address of the Bidder. Submit Bids by mail, through the City of New Orleans website, or deliver in person to the location prior to the time of receiving Bids as set forth in the public advertisement and Invitation to Bid issued by the Bureau of Purchasing, City of New Orleans and Article 1.01.1 (or as may be amended by an Addenda). No bid will be considered, no matter how delivered, unless received at the place specified in the advertisement before the time specified for opening all bids. Proposals received at the place specified after the bid opening time shall be returned to the Bidder unopened.

3.11 MODIFICATION AND WITHDRAWAL OF BIDS

Bids may be withdrawn or modified prior to the time set for bid opening. Bids withdrawn or modified may be resubmitted provided they are received prior to the time set for Bid opening. Bids may be modified only on the Louisiana Uniform Public Bid Form and must be signed by a person legally empowered to bind the Bidder. Bid Forms that have been submitted to NOAB/Owner will only be released for withdrawal or modification upon submitted proof of Bidder affiliation and personal identification.

3.12 QUALIFICATIONS OF BIDDER

Completed Qualification forms must be submitted by the apparent two (2) low Bidders in accordance with Article 3.20 herein, regardless of when qualifications were last submitted to the City of New Orleans and/or the New Orleans Aviation Board. Qualification forms are included herein for the convenience of the Bidders;


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however, NOAB will accept any similar form. Owner and/or NOAB may make such additional investigations as any one of them deems necessary to determine and recommend the ability of the apparent low Bidders to perform the Work. The City of New Orleans and/or NOAB reserves the right to reject any Bid if the evidence submitted by, or investigation of, such Bidders fails to satisfy NOAB that such Bidders are properly qualified to carry out the obligations of the Bid Documents and to complete the Work.

3.13 IRREGULAR BIDS

3.13.1 Bids will be considered irregular and may be rejected for any of the following reasons:

(a) If the Bid is on a form other than the Louisiana Uniform Public Work Bid Form.

(b) If there are unauthorized additions, conditional or alternate Bids, or irregularities which make the Bid incomplete, indefinite or ambiguous as to its meaning.

(c) If the Bidder adds provisions reserving the right to accept or reject the award or to enter into the Contract pursuant to the award.

(d) If the Bid does not contain a unit price for each pay item listed, except in the case of authorized alternate pay items or if the pay item is not applicable to the Bid.

(e) If the Bid is submitted by a Bidder other than the one to whom the Bid Documents were issued.

(f) If an owner or a principal officer of the Bidder is an owner or a principal officer of a contracting firm, which has been declared by the City of New Orleans/NOAB to be ineligible to Bid.

(g) If the Bid Security does not meet the requirements of Article 3.16 below.

(h) If more than one Bid for the Work is received from an individual, partner, firm, corporation, joint venture or combination thereof under the same or a different name.

(i) If a Bidder who has made a Bid in his own name, owns or controls in whole or in part, or is owned or controlled in whole or in part by,

i. another Bidder who has made a bid on the same Project; or

ii. a person who owns an interest in or controls in whole or in part, or is owned or controlled in whole or in part by, another Bidder who has made a Bid on the same Project; or

iii. with respect to the Work is a partner of or joint venturer with another Bidder who has made a Bid on the same project.


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(j) If the Bidder fails to comply with the Special Provisions, Article 2.0 (STATE/LOCAL DISADVANTAGED BUSINESS ENTERPRISES PROGRAM), the Bid will be deemed non-responsive by the NOAB/Owner.

(k) If the proposal contains unit prices that are obviously unbalanced.

(l) Evidence that the facts and information attested to in any affidavit required by the Bid Documents are incorrect or misleading.

(m) If the Bidder fails to comply with the requirements of Article 3.20 herein.

(n) If the Bid for any other reason fails to comply with applicable legal requirements.

The NOAB/Owner reserves the right to reject any irregular Bids and the right to waive technicalities if such waiver is in the best interest of the NOAB/Owner and conforms to the laws and ordinances pertaining to the letting of contracts.

3.14 DISQUALIFICATION OF BIDDERS

3.14.1 Bidders will be disqualified and their Bid will not be considered for any of the following reasons:

(a) Determined non-responsible as revealed by the financial statement, experience and equipment, questionnaires, and other considerations set forth herein or otherwise permitted by law.

(b) Other commitments which in the judgment of NOAB/Owner will prevent or hinder the performance of the Work if awarded.

(c) Failure to attend or have a representative at a mandatory Pre-Bid Conference.

(d) Evidence of collusion among Bidders. Bidders participating in such collusion shall be disqualified as Bidders for any future work of the NOAB/Owner until any such participating Bidder has been reinstated by the NOAB/Owner as a qualified Bidder.

(e) If the Bidder is considered to be in default of any other contract at the time of Bid.

(f) The NOAB reserves its rights under La. RS 38:2212.9 to reject the lowest Bid from, or not award the Contract to, a business in which any individual with an ownership interest of five percent (5%) or more has been convicted of, or has entered a plea of guilty or nolo contendere to any state felony crime or equivalent federal felony crime committed in the solicitation or execution of a contract or bid awarded under the laws governing public contracts.

(g) Any other reasons allowed by law.


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3.15 STIPULATED DAMAGES

The successful Bidder by entering into a Contract for the project hereby agrees to be subject to the assessment of stipulated damages in the amounts set forth in the Special Provisions, Article 1.0 (STIPULATED DAMAGES).

3.16 BID SECURITY

3.16.1 Each Bid must be accompanied by Bid Security in the form of a cashier's or certified check payable to “City of New Orleans and/or New Orleans Aviation Board”, or a Bid Bond identifying the “City of New Orleans and/or New Orleans Aviation Board” as obligee (including power of attorney), in the amount not less than five percent (5%) of the Total Bid Amount. “Total Bid Amount” is the sum of the bidder’s “Total Base Bid” plus all “Alternates” on the Public Work Bid Form.

3.16.2 If the Bid Security submitted by a Bidder is in the form of a Bid Bond, this bond must be as shown on a Bid Bond form duly executed by the Bidder as principal and having as surety thereon a surety company meeting the requirements stated in General Provisions, Article 63 (SURETY). A sample Bid Bond Form in included in this ITB. Attorneys-in-Fact who sign bid bonds on behalf of the Surety or insurance or other company providing the bond must file with each bond a certified and dated copy of their power of attorney. The Bid Bond shall not contain any conditions which in any way limit the face amount of the Bid Bond.

3.16.3 If the Bid Security submitted by a Bidder is in the form of a cashier’s or certified check it must be made payable to the “City of New Orleans and/or New Orleans Aviation Board. The NOAB and/or the City of New Orleans, in their sole discretion, may deposit said check into a multi-purpose or non-exclusive-use, non-interest-bearing account.

3.17 PROOF OF ENTITY BIDDER AUTHORITY

With respect to each Bid submitted by a Bidder that is an entity (such as a corporation, partnership, partnership in commendams, limited liability company, or limited liability partnership) or a joint venture, each such Bidder that is an entity being sometimes hereinafter referred to as an “Entity Bidder,” the authority of the person signing that Bid to bind the Entity Bidder under that bid and all documents relating to that Bid (including without limitation any contract that is awarded relating to that Bid) shall be deemed sufficient and acceptable if any of the following conditions (the “Proof of Authority Alternatives”) are met:

3.17.1 The signature on the Bid is that of any corporate officer listed on the most current annual report on file with the secretary of state, or the signature on the Bid is that of any member of a partnership or partnership in commendam listed in the most current partnership records on file with the secretary of state.


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3.17.2 The signature on the Bid is that of an authorized representative of the corporation, partnership, or other legal entity and the Bid is accompanied by a corporate resolution, certification as to the corporate principal, or other documents indicating authority which are acceptable to the NOAB/Owner.

3.17.3 The corporation, partnership, or other legal entity has filed in the appropriate records of the secretary of state or the clerk of court of the parish in which the public entity is located, an affidavit, resolution, or other acknowledged or authentic document indicating the names of all parties authorized to submit bids for public contracts. Such document on file with the secretary of state or the clerk of court shall remain in effect and shall be binding upon the Entity Bidder until specifically rescinded and canceled from the records of the offices of the secretary of state or the clerk of court, respectively.

3.18 SUBCONTRACTORS

Prior to issuance of the Notice of Award, the apparent low Bidder must submit to the NOAB DBE Liaison Officer per Special Provisions Article 2 (DISADVANTAGED BUSINESS ENTERPRISES PROGRAM), written and executed contracts for all DBE and non-DBE subcontractors, including all sub-tier subcontractors, suppliers and vendors. The subcontracts must include all DBE and non-DBE subcontractors, vendors, and suppliers listed on the Schedule of Contract Participation and SL/DBE Commitment Form that is submitted before 5:00 p.m. CST on the third Business Day after the bid date and time.

3.19 MANDATORY BID SUBMISSION REQUIREMENTS

Each Bidder must timely and fully satisfy all requirements specified in the Bid Documents relating to the submission of Bids. Each Bidder must SUBMIT AT LEAST ONE SIGNED ORIGINAL of its Bid by the deadline established in the Advertisement and this ITB, or as changed by Addendum for the submission of bids:

3.19.1 Louisiana Uniform Public Work Bid Form and, if required, proof of Entity Bidder Authority as set forth in Article 3.17 above.

3.19.2 Bid Security (Cashier Check or Certified Check or Bid Bond with power of attorney attached).

3.20 SUBMISSION OF POST BID INFORMATION

3.20.1 Promptly after bid opening the NOAB will contact the two (2) Bidders who initially appear to be the apparent lowest Bidders. Said apparent lowest Bidders will be required to provide the following post Bid submittals within three (3) business days before a recommendation of contract award can be made. These documents may be required from other Bidders upon request by NOAB and are due within three (3) business days of the request. Documents are to be submitted to NOAB, Procurement Department, 900 Airline Drive, Kenner, LA 70062.


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(a) A notarized Contractor’s Affidavit of Non-Collusion which complies with La. R.S. 38:2224.

(b) A completed Bidder Attestation Form which complies with La. R.S. 38:2227.

(c) Completed Schedule of Contract Participation and SL/DBE Commitment Form (Note the “Total Bid Amount” on the Schedule of Contract Participation and SL/DBE Commitment Form shall include the price of the “Total Base Bid” on the Public Works Bid Form plus all “Alternates” on the Public Works Bid Form) before 5:00 p.m. CST on the third Business Day after the bid date. Upon request by NOAB, all other Bidders shall submit completed and Schedule of Contract Participation and SL/DBE Commitment Form before 5:00 p.m. CST on the third Business Day after NOAB request. Information regarding all DBE subcontractors, non-DBE subcontractors, DBE sub-tier subcontractors and non-DBE sub-tier subcontractors shall be included on the Schedule of Contract Participation and SL/DBE Commitment Form. If the SL/DBE Goal is not met, all supporting Good Faith Effort Documentation must be provided with the Schedule of Contract Participation and SL/DBE Commitment Form as required by Special Provisions, Article 2.03. See Special Provision Article 2.03 regarding Bidder’s entitlement to administrative reconsideration of a denial of a request for waiver of the Project DBE requirements.

Bidders are encouraged, but not required, to fill out the Schedule of Contract Participation and SL/DBE Commitment Form electronically. If filling out the form electronically, after inputting all required information, print a hard copy of the Form, sign the form as per the instructions on the form, and have the form properly notarized. An electronic version of the Schedule of Contract Participation and SL/DBE Commitment Form may be obtained at www.flymsy.com, under the Business Opportunities section.

IF BIDDER IS UNABLE FOR ANY REASON TO FILL OUT THE SCHEDULE OF CONTRACT PARTICIPATION AND SL/DBE COMMITMENT FORM ELECTRONICALLY, BIDDER MUST SUBMIT THE FORM FILLED OUT MANUALLY OR FILLED OUT IN SOME OTHER MANNER.

(d) Certificate of Insurance that complies with the requirements set forth in Special Provision Article 5.0.

(e) Company Financial Statements/Balance Sheet (if a Joint Venture, from all venture members or firms).

(f) Completed Contractor Qualifications Survey Form.

http://www.flymsy.com/_


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(g) Signed notices of intent to enter into contracts, purchase orders and/or vendor agreements with subcontractors and suppliers on the list submitted under the SL/DBE Form. The apparent lowest Bidders shall submit the signed notices of intent to NOAB before 5:00 p.m. CT on the third Business Day after the bid date and time. Upon request, all other Bidders shall submit the signed notices of intent to NOAB before 5:00 p.m. CT on the third Business Day after NOAB’s request.

3.20.2 After the opening of the Bids, if requested by NOAB/Owner, a Bidder that is an Entity Bidder (as defined in Article 3.17 of the Instructions to Bidders) must provide, within the above stated time periods, all information and documentation clarifying or otherwise relating to the Proof of Entity Bidder Authority submitted by said Entity Bidder. If Entity Bidder fails to provide information and documentation acceptable to NOAB/Owner, in NOAB/Owner’s sole discretion, in response to NOAB/Owner’s request and within the time period specified by NOAB/Owner as set forth in this Article 3.20, NOAB/Owner shall have the right, but not the obligation, in its sole discretion, to declare the Entity Bidder’s Bid non-responsive.

3.21 SUBMISSION OF POST AWARD INFORMATION

3.21.1 In addition to submittals specified elsewhere in these documents, the following information shall be submitted to NOAB after the Contract is awarded:

(a) Work Plan

The Work Plan shall be submitted to the Director of Aviation or his/her designee. The Work Plan shall include the following:

i. Proposed on-site organizational chart and applicable portion of corporate organizational chart.

ii. Plan that specifies the number of employees and work hours of the employees. The plan will also specify the areas they will supervise and/or clean. The plan shall include a schedule for when Routine and Periodic Work under the Summary of Work will be performed.

iii. Proposed equipment to be used to be performed services required in Summary of Work.

iv. Plan for daily management that coordinates between Director of Aviation or his/her designee and Contractor’s management staff. The plan will also specify the types of reports due to the Director of Aviation or his/her designee including measurable achievement of performance standards in addition to requirements in Special Provisions, Article 3.02 – REPORTS.


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v. Detail of labor resources for special or emergency cleaning needs. Explain how Bidder will address the particular cleaning needs that will arise.

vi. Outline of procedures to implement the Quality Control and Improvement Program as defined in the Summary of Work, Paragraph 1.03.

vii. Procedures for the accounting and auditing of cleaning labor hours. Must provide method of deducting hours not worked.

viii. The Plan must address higher than normal airport volume during events such as holidays, special events, or emergencies. A predetermined number of personnel during these times must be specified.

ix. The Plan must include an hourly rate sheet for work that exceeds the 2,000 hours of Unscheduled Work provided for under this Contract.

(b) Prior to the issuance of the Notice to Proceed, and within the time specified by NOAB, the Contractor must provide copies of signed Contracts with all subcontractors, all sub-tier contractors, vendors, and suppliers.

(c) Prior to issuance of Notice to Proceed, and within the time specified by NOAB, the Contractor shall submit a site specific safety plan to the Director of Aviation or his/her designee in accordance with General Provisions, Article 58, Accident Prevention.

(d) SLDBE Quarterly Reports: Contractor must by each January 20, April 20, July 20 and October 20, during the contract period complete the appropriate Quarterly SLDBE Activity Report Forms and return them to NOAB’s DBE Liaison Office. NOAB reserves the right to impose a penalty of one hundred dollars ($100.00) per each day that the reports are delinquent.

(e) City of New Orleans Tax Clearance Authorization Form.

(f) Notarized City of New Orleans Convicted Felon Affidavit.

3.21.2 Contractor’s failure to timely satisfy any of the requirements of Article 3.21 shall constitute a breach of said Contractor’s obligations, and the City of New Orleans/NOAB, in addition to other remedies, may annul or terminate the award of the Contract to the Contractor based on said breach. In the event that NOAB re-advertises for Bids for the Work contemplated herein, the Contractor whose award of the prime Contract has been annulled pursuant to this Article 3.21 will not be eligible to Bid in response to said re-advertisement.


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4.00 CONTRACT AWARD AND EXECUTION

4.01 CONSIDERATION OF BIDS

4.01.1 After Bids are publicly opened and read aloud, a bid analysis will be performed. Determination of the two (2) lowest Bidders shall be on the basis of the sum of the base Bid and any alternates accepted by NOAB/Owner. Alternates, if accepted, will be accepted in the order in which they are listed on the Bid Form. However, the NOAB/Owner shall reserve the right to accept alternates in any order which does not affect determination of the two (2) lowest Bidders until final award of the Contract. The City of New Orleans and NOAB reserve the right to reject any or all Bids, to waive technicalities, re-advertise for new Bids, or to proceed otherwise to do the Work when in the best interest of the NOAB, as may be allowed by law.

Bidders understand and acknowledge that NOAB (and not its consultants, employees, staff, or anyone else) makes the final determination whether to award a Contract and to whom, or determine whether a Bid is responsive under the Public Bid Law. NOAB is not bound in any way to accept the opinions, comments, or recommendations of its consultants, employees, or staff.

4.01.2 For Bids with unit prices, after the Bids are publicly opened and read, they will be compared on the basis of the summation of the products obtained by multiplying the estimated quantities shown in the Bids by the unit bid prices.

4.01.3 Until the award of a Contract, Owner/NOAB reserves the right to reject a Bidder's Bid for any of the reasons stated in Article 3.13 (IRREGULAR BIDS) or Article 3.14, (DISQUALIFICATION OF BIDDERS), or any other reason allowed by law.

4.01.4 The NOAB/Owner reserves the right to reject all Bids if none of the responsive and responsible Bids are at or below the total amount budgeted by NOAB for this Contract.

4.02 AWARD OF CONTRACT

Award of Contract, if awarded, will be made by the City of New Orleans/NOAB to the lowest responsive, responsible Bidder meeting the requirements of the Owner/NOAB. Owner/NOAB reserves the right not to make an award until after investigations are made as to the responsibility and capacity of the apparent two (2) lowest Bidders.

4.03 RETURN OF BID GUARANTY

The City of New Orleans/NOAB may, at its discretion, return the security accompanying those Bids which, in the City of New Orleans/NOAB’s judgment, will


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not receive the award. The security of all the Bidders may be retained by the City of New Orleans and/or NOAB until after the Contract has been awarded, executed, and bonds and insurance requirements have been submitted by the successful Bidder. The NOAB/City reserves the right to place Bid Security in the form of cashiers or money order in a multi-purpose, non-interest-bearing account.

4.04 REQUIREMENTS OF CONTRACT BONDS - INSURANCE

4.04.1 Prior to the execution of the Contract, the Bidder to whom the City of New Orleans/NOAB proposes to award the Contract, shall furnish the City of New Orleans/NOAB, by the date specified by NOAB, in the amounts herein required, the following Surety Bonds and evidence of insurance:

(a) Performance Bond - A good and sufficient bond in an amount equal to fifty percent (50%) of the Bid amount for the first year of the Contract, guaranteeing the full and faithful execution of the Work and performance of the Contract in accordance with the Bid Documents and the Contract, including any extensions thereof, for the protection of the City of New Orleans and NOAB. This bond shall provide for the repair and/or replacement of all defects due to faulty materials and workmanship that appear within a period of one (1) year from the date of expiration of the first year of this Contract. At the beginning of each subsequent contract year or option year, a renewal Performance Bond must be submitted in an amount equal to fifty percent (50%) of the Bid amount for that contract or option year. Said renewal bond shall provide for the repair and/or replacement of all defects due to the quality of material and workmanship that appear within one (1) year after the end of said contract renewal period.

(b) Payment Bond - A good and sufficient bond in an amount equal to fifty percent (50%) of the Bidder’s Total Base Bid on the Public Work Bid Form for the first year of the Contract, guaranteeing the full and proper payment to and protection of all claimants supplying labor and material in the prosecution of the Work provided for in said Contract and for the use of each such claimant. At the beginning of each subsequent contract year or option year a renewal Payment Bond must be submitted in an amount equal to fifty percent (50%) of the Bid amount for that contract or option year. At the beginning of each subsequent contract year or option year, a renewal Payment Bond must be submitted in an amount equal to fifty percent (50%) of the Bid amount for that contract or option year.

(c) Other Bonds and Insurance - Such other bonds or evidence of insurance providing for the co-insurance of the City of New Orleans/NOAB or the indemnification of the City of New Orleans/NOAB, as required by the Bid Documents. The Insurance


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Certificate per Special Provision, Article 5 is required as a post Bid submittal under Article 3.20 above. Payment for contracts with option year bonds and insurance (if applicable) shall be the actual premium costs based on invoice and documentation from the Surety’s Attorney in Fact and/or Insurance carrier.

(d) Customs Bond - A bond is required for unescorted entry into the US Customs and Border Protection/Federal Inspection Station space.

4.04.2 The bonds required in Article 4.04.1 above must be in the form used by or acceptable to the City of New Orleans/NOAB and U.S. Customs and Border Protection. These bonds shall automatically be increased by the amount of any Contract modification which increases the Contract amount, but in no event shall a Contract modification which reduces the Contract amount decrease such obligation.

4.04.3 General Provisions Article 63 (SURETY) contains additional requirements concerning the bonds required under Article 4.04. Special Provisions, Article 5 contains the insurance requirements for the period in which the Work will be performed.

4.05 SURETIES

The bonds shall be signed by an agent of the bonding company and shall be accompanied by the agent’s written power of attorney. See General Provision, Article 63 for additional requirements.

4.06 APPROVAL OF CONTRACT

Upon receipt of the Contract and Contract bond or bonds that have been executed by the successful Bidder, the Owner shall complete the execution of the Contract in accordance with local laws or ordinances, and return the fully executed Contract to the Contractor. Delivery of the fully executed Contract to the Contractor shall constitute the Owner's approval to be bound by the successful Bidder's Bid and the terms of the Contract.

4.07 EXECUTION OF CONTRACT

4.07.1 The successful Bidder shall sign (execute) the necessary agreements for entering into the Contract and return such signed Contract to the NOAB/Owner, along with the fully executed surety bond or bonds specified in the subsection titled Requirements Of Contract Bonds – Insurance of Article 4.04.1 above, within ten (10) Calendar Days from the date mailed or otherwise delivered to the successful Bidder.

4.07.2 The following shall be considered part of the Contract and must be included in the contract of each subcontractor and lower tier contractor:

“The Contractor, subcontractors and lower tier contractors shall not discriminate on the basis of race, color, national origin, or sex in the


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performance of this contract. The contractor shall carry out applicable requirements of 49 CFR Part 26 in the award and administration of Department of Transportation (DOT) assisted and/or NOAB/City of New Orleans contracts. Failure by the Contractor to carry out these requirements is a material breach of this Contract, which may result in the termination of this Contract or such other remedy as Owner/NOAB deems appropriate.”

4.08 FAILURE TO EXECUTE CONTRACT

The failure of the apparent low Bidder to execute the Contract and to provide the bonds required within ten (10) Calendar Days of receipt of the Contract from the NOAB/Owner shall constitute a breach of its obligations and the NOA/Owner, in addition to the remedies of Paragraph H accompanying the Louisiana Uniform Bid Form herein, may annul or terminate the Contract award. In the event the NOAB should re-advertise for bids, said apparent low Bidder will not be eligible to bid.

4.09 NOTICE TO PROCEED

The Notice to Proceed shall state the date on which the Contractor will begin the Contract execution. The Contractor shall begin the Work under the Contract within fourteen (14) Calendar Days of the date set by NOAB in the Notice to Proceed, but in any event, the Contractor shall notify NOAB at least twenty-four (24) hours in advance of the time actual operations will begin.

4.10 CANCELLATION OF AWARD

If allowed by law, the NOAB/Owner reserves the right to cancel the award without liability to the Bidder, except return of the Bid security, at any time before a Contract has been fully executed by all parties and is approved by the NOAB/Owner in accordance with the subsection titled APPROVAL OF CONTRACT of Article 4.06 above.


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5.00 SAMPLE BID FORMS

Below is a list of Sample Bid Forms provided with this ITB. All instructions and provisions accompanying these forms are part of the Contract Documents. The Summary of Work, Facility Layout Sketches, specifications and other documents designated in the Louisiana Public Work Bid Form are considered a part of the Bid.

Samples of the following forms are attached:

• Louisiana Uniform Public Work Bid Form and Louisiana Uniform Public Work Bid Form - Unit Price Form**

• Bid Bond Form • Proof of Authority to Sign Bid • SLDBE Requirements, SLDBE Participation Plan, and SLDBE Compliance Forms* • Contractor Qualification Survey • Non-Collusion Affidavit • Convicted Felon Affidavit • Bidder Attestation • Voluntary Bid Extension Form • City of New Orleans Tax Clearance Authorization Form • Request for Removal and/or Substitution of Subcontractor Form

* Bidder must use the form provided with this ITB. All other forms may be substituted. ** Bids must be submitted on the Louisiana Uniform Public Work Bid Form Louisiana and

Uniform Public Work Bid Form - Unit Price Form; bidders are not required to but may use the pre-populated versions of the Louisiana Uniform Public Work Bid Form Louisiana and Uniform Public Work Bid Form - Unit Price Form included with this ITB.

LOUISIANA UNIFORM PUBLIC WORK BID FORM INFORMATION

A. INTRODUCTION: One completed, signed original of the attached Louisiana Uniform Public Work Bid Form, which is the Bidder's bid, is to be delivered to Bureau of Purchasing, City of New Orleans, City Hall, 1300 Perdido Street, Room 4W07, New Orleans, Louisiana, 70112 prior to the date and time of bid opening specified in the City of New Orleans Invitation to Bid and noted in Article 1.01 above, as may be amended by addenda. Bid Guaranty Form (with an attached cashier’s or certified check to the “City of New Orleans and/or New Orleans Aviation Board”) or Bid Bond Form designating “City of New Orleans and/or New Orleans Aviation Board” as obligee on said Bond (with an attached power of attorney), and all other mandatory bid requirements per Article 3.19 of the Instructions to Bidders, must also be attached in order to constitute a responsive bid.

B. PROJECT: Janitorial Services Louis Armstrong New Orleans International Airport Kenner, Louisiana 70062

C. OWNER'S AGENT: New Orleans Aviation Board

D. CONTRACT TIME: If the Bidder is notified of the acceptance of its Bid by the City of New Orleans/NOAB, Bidder agrees to execute a contract for the Work as described in the Bid Documents including but not limited to the prices set forth in this Louisiana Public Work Bid Form.

Initial Contract Period is one year following NOAB’s issuance of the Notice to Proceed (NTP) for the One Year Total Base Bid. The Contract will have three (3), one (1) year option periods that may be exercised at the sole discretion of the NOAB.

E. BOND: The Bidder agrees, if awarded the Contract, to execute and deliver to the Owner/NOAB, contemporaneously with Bidder’s return of the Contract Document signed by Bidder to the Owner/NOAB, a Performance Bond and a Payment Bond in a form acceptable to the Owner/NOAB with the designated obligee as “City of New Orleans and/or New Orleans Aviation Board”, as required by Article 4.04.1 above. Failure to timely submit said bonds at the time of the Contract will cause forfeiture of bid security as stipulated damages.

F. BID SECURITY: The bid security as required in Article 3.16 above must be attached to the Louisiana Uniform Public Work Bid Form.

G. DOCUMENTS: Bidder by submittal of its bid represents and warrants that it has satisfied itself as to the requirements and provisions of the Bid Documents for this project.

H. ADDENDUM: Bidder must acknowledge on the attached Louisiana Uniform Pubic Work Form receipt of all Addenda

LOUISIANA UNIFORM PUBLIC WORK BID FORM

TO: City of New Orleans BID FOR: Airport Janitorial Services Purchasing Agent - Bureau of Purchasing Louis Armstrong New Orleans International Airport 1300 Perdido Street, Room 4W07 900 Airline Dr. Kenner, LA 70062 New Orleans, LA 70112 City Solicitation No. 8910- (Owner to provide name and address of owner) (Owner to provide name of project and other identifying

information) The undersigned bidder hereby declares and represents that she/he; a) has carefully examined and understands the Bidding Documents, b) has not received, relied on, or based his bid on any verbal instructions contrary to the Bidding Documents or any addenda, c) has personally inspected and is familiar with the project site, and hereby proposes to provide all labor, materials, tools, appliances and facilities as required to perform, in a workmanlike manner, all work and services for the construction and completion of the referenced project, all in strict accordance with the Bidding Documents prepared by: New Orleans Aviation Board and dated: November 2017.

(Owner to provide name of entity preparing bidding documents.) Bidders must acknowledge all addenda. The Bidder acknowledges receipt of the following ADDENDA: (Enter the number the Designer has assigned to each of the addenda that the Bidder is acknowledging) TOTAL BASE BID: For all work required by the Bidding Documents (including any and all unit prices designated “Base Bid” * but not alternates) the sum of:

Dollars ($ ) ALTERNATES: For any and all work required by the Bidding Documents for Alternates including any and all unit prices designated as alternates in the unit price description. Alternate No. 1 First Option to extend Contract for 1 year for the lump sum of:

Dollars ($ )

Alternate No. 2 Second Option to extend Contract for 1 year for the lump sum of:

Dollars ($ ) Alternate No. 3 Third Option to extend Contract for 1 year for the lump sum of: Dollars ($ ) NAME OF BIDDER: ADDRESS OF BIDDER: LOUISIANA CONTRACTOR’S LICENSE NUMBER: NA NAME OF AUTHORIZED SIGNATORY OF BIDDER: TITLE OF AUTHORIZED SIGNATORY OF BIDDER: SIGNATURE OF AUTHORIZED SIGNATORY OF BIDDER **: DATE: * The Unit Price Form shall be used if the contract includes unit prices. Otherwise it is not required and need not be included with the form.

The number of unit prices that may be included is not limited and additional sheets may be included if needed. ** If someone other than a corporate officer signs for the Bidder/Contractor, a copy of a corporate resolution or other signature authorization

shall be required for submission of bid. Failure to include a copy of the appropriate signature authorization, if required, may result in the rejection of the bid unless bidder has complied with La. R.S. 38:2212(A)(1)(c) or RS 38:2212(O) .

BID SECURITY in the form of a bid bond, certified check or cashier’s check as prescribed by LA RS 38:2218.A is attached to and made a part of this bid.

LOUISIANA UNIFORM PUBLIC WORK BID FORM UNIT PRICE FORM

TO: City of New Orleans/New Orleans Aviation Board BID FOR: Airport Janitorial Services Purchasing Agent - Bureau of Purchasing Louis Armstrong New Orleans International Airport 1300 Perdido Street, Room 4W07 900 Airline Dr. Kenner, LA 70062 New Orleans, LA 70112 City Solicitation No. 8910- (Owner to provide name and address of owner) (Owner to provide name of project and other identifying information) UNIT PRICES: This form shall be used for any and all work required by the Bidding Documents and described as unit prices. Amounts shall be stated in figures and only in figures. All quantities are estimated. The contractor will be paid based upon actual quantities as verified by the Owner.

Base Bid or Alt.#

REF. NO. 1 QUANTITY: UNIT OF MEASURE: UNIT PRICE UNIT PRICE EXTENSION (Quantity times Unit Price)

Year 1 – Total Price inclusive of 2,000 Hours of Unscheduled Work

1 Annual

Base Bid or Alt.# 1


Year 2 - Total Price inclusive of 2,000 Hours of Unscheduled Work

1 Annual

Base Bid or Alt.# 2



1 Annual

Base Bid or Alt.# 3



1 Annual

SAMPLE BID BOND

FOR

Janitorial Services

City Solicitation No. 8910- ___________

Date: ________________

KNOW ALL MEN BY THESE PRESENTS:

That of , as Principal, and _______________________________, as Surety, are held and firmly bound unto the City of New Orleans and/or New Orleans Aviation Board (Obligee), in the full and just sum of not less than five (5%) percent of the Total Base Bid amount on the Public Work Bid Form plus any Alternates, lawful money of the United States, for payment of which sum, well and truly be made, we bind ourselves, our heirs, executors, administrators, successors and assigns, jointly and severally firmly by these present.

Surety represents that it is listed on the current U. S. Department of the Treasury Financial Management Service list of approved bonding companies as approved for an amount equal to or greater that the amount for which it obligates itself in this instrument or that it is a Louisiana domiciled insurance company with at least an A - rating in the latest printing of the A. M. Best's Key Rating Guide. If surety qualifies by virtue of its Best's listing, the Bond amount may not exceed ten percent of policyholders' surplus as shown in the latest A. M. Best's Key Rating Guide.

Surety further represents that it is licensed to do business in the State of Louisiana and that this Bond is signed by surety's agent or attorney-in-fact. This Bid Bond is accompanied by appropriate power of attorney.

THE CONDITION OF THIS OBLIGATION IS SUCH that, whereas said Principal is herewith submitting its proposal to the Obligee on a Contract for:

Janitorial Services City Solicitation No. 8910- __________

NOW, THEREFORE, if the said Contract be awarded to the Principal and the Principal shall, within such time as may be specified, enter into the Contract in writing and give a good and sufficient bond to secure the performance of the terms and conditions of the Contract with surety acceptable to the Obligee, then this obligation shall be void; otherwise this obligation shall become due and payable.

PRINCIPAL (BIDDER) SURETY

BY: BY:

AUTHORIZED OFFICER-OWNER-PARTNER AGENT OR ATTORNEY-IN-FACT (SEAL)

INVITATION TO BID CITY OF NEW ORLEANS

PROOF OF AUTHORITY TO SIGN BID MATERIALS/SUPPLIES/EQUIPMENT AND NON-PROFESSIONAL SERVICES

A. In General

At the time of the Bid Deadline (as defined in the invitation to bid), the bidder shall submit a written proof of theauthority of the person signing the bid package. The name mentioned in said proof must match the name of the person signing the bid package. If a bidder fails to provide said document and/or the name on the bid package does not match the proof, the City of New Orleans (the “City”) may then consider the bid non-responsive.

B. In Particular

To assist bidders with this requirement of submitting a proof of authority, the City prepared samples which the Citywould deem sufficient and acceptable, provided the document is completed correctly.

Those samples are intended to be guidelines. A bidder is allowed to use a similar but different document.

C. Samples

1. If the bidder is a corporation, the bidder may submit a certified corporation resolution similar to theattached sample. This document is entitled “Sample 1 - Certified Corporate Resolution.” It contains 14 items to complete and must be notarized.

2. If the bidder is NOT a corporation but another legal entity (such as a partnership, a limited liabilitycompany, a limited liability partnership, or another legal entity), the bidder may submit a certified resolution similar to the attached sample. This document is entitled “Sample 2 - Certified Resolution.” It contains 11 items to complete and must be notarized.

3. If the bidder is a sole proprietor, the bidder may submit a certified certificate similar to the attachedsample. This document is entitled “Sample 3 – Certified Certificate of Authority.” It contains 8 items to complete and must be notarized.

SAMPLE 1 - CERTIFIED CORPORATE RESOLUTION

BE IT RESOLVED by the Board of Directors of

(1. name of corporation), a corporation organized and existing under the laws of the State of

(2. state), in a meeting duly assembled that

(3. full name of authorized official), (4. title of

authorized official) of said corporation, is hereby authorized and empowered to execute on behalf of the said corporation

the proposal and/or the contract (including amendment(s)) which this corporation might enter into in connection with Bid

No. (5. number showing on the invitation to bid).

I, (6. full name of official certifying this resolution), the

(7. title of official certifying this resolution) of

(8. name of corporation - same as item no. 1), do

hereby certify this to be a true copy of the resolution duly adopted at a

(9. type of meeting: regular, special, else) meeting of the Board of Directors of said corporation held on the

(10. day) of (11. month), 201 (12. year), and that it has not

been rescinded, amended or altered in any way, and that it remains in full force and in effect.

_________________________________________ (13. signature)

(14. title of official certifying this resolution– same as item no. 7)

State of _________________________

Parish/County of _________________________

Personally appeared before me this _____st/th day of ____________, 201___, ____________________________

(official certifying this resolution), the (title of

official certifying this resolution) of (name

of corporation), and made oath that the above is a true copy from the records of the corporation.

_______________________ Notary Public My commission expires on: _______________

SAMPLE 2 - CERTIFIED RESOLUTION

On this (1. day) of (2. month), 201 (3. year), I,

(4. full name of official signing this certificate), the

(5. title of official signing this certificate) of

(6. name of corporation) (the “Entity’) hereby certify that

(7. full name of authorized official),

(8. title of authorized official) of said Entity, is hereby authorized and empowered

to execute on behalf of the said entity the proposal and/or the contract (including amendment(s)) which this Entity might

enter into in connection with Bid No. (9. number showing on

the invitation to bid).

_________________________________________ (10. signature)

(11. title of official signing this certificate– same as item no. 5)

State of _________________________

Parish/County of _________________________





_______________________ Notary Public My commission expires on: _______________

SAMPLE 3 - SOLE PROPRIETOR AUTHORITY

On this (1. day) of (2. month), 201 (3. year), I,

(4. full name), do hereby certify that I am doing business under the

name of (5. name of

business) which said business is neither a corporation, nor a limited liability company, nor a partnership, and I am the sole

owner and proprietor of said business.

I will sign and deliver the proposal and/or the contract (including amendment(s)) which I might enter into in

connection with Bid No. (6. number showing on the

invitation to bid).

_________________________________________ (7. signature)

State of _________________________

Parish/County of _________________________





_______________________ Notary Public

My commission expires on: _______________

INVITATION TO BID

CITY OF NEW ORLEANS

POST BID SUBMISSION FORMS

The following items 1-5 are required of the two apparent low bidders, within three (3) business days of the Bid Deadline. All other firms shall be prepared to submit the following forms upon request.

1. SCHEDULE OF CONTRACT PARTICIPATION AND SL/DBE COMMITMENT FORM: A completed Schedule of Contract Participation and SL/DBE Commitment Form, attached (Note the “Total Bid Amount” on the Schedule of Contract Participation and SL/DBE Commitment Form shall include the price of the Base Bid and all Alternates/Options). Information regarding all SLDBE subcontractors, non-SLDBE subcontractors, SLDBE sub-tier subcontractors, and non-SLDBE sub-tier subcontractors shall be included on the Schedule of Contract Participation and SL/DBE Commitment Form. If the SL/DBE Goal is not met, all supporting Good Faith Effort Documentation must be provided with the Schedule of Contract Participation and SL/DBE Commitment Form. It is suggested that the Schedule of Contract Participation and SL/DBE Commitment Form be completed electronically to avoid errors. Once the Schedule of Contract Participation and SL/DBE Commitment Form is completely filled out, print a hard copy of the form, sign the form as per the instructions on the form.. The Schedule of Contract Participation and SL/DBE Commitment Forms may be obtained in fillable format at http://www.flymsy.com/dbe-program/SLDBE-Bid-Forms?&Sort or included in the Attachments to this bid.

Bidders must complete and submit the Documentation of Good Faith Efforts Form with the Schedule of Contract Participation if goal not met and upon request.

2. CONTRACTOR QUALIFICATIONS SURVEY

3. PROPERLY NOTARIZED NON-COLLUSION AFFIDAVIT

4. BIDDER ATTESTATION

5. PROOF OF INSURANCE

http://www.flymsy.com/dbe-program/SLDBE-Bid-Forms?&Sort

CITY OF NEW ORLEANS

1.00 STATE/LOCAL DISADVANTAGED BUSINESS ENTERPRISE PROVISIONS

1.02 The NOAB and its contractors agree to ensure that SLDBEs, as defined by this program, have the maximum opportunity to participate in the performance of contracts and subcontracts financed wholly with state and/or local funds provided under this agreement. In this regard, contractors shall take all necessary and reasonable steps in accordance with the SLDBE program to ensure SLDBEs have the maximum opportunity to compete for and perform such contracts. The NOAB and its contractors shall not discriminate on the basis of race, color, nation origin, or sex in the award and performance of state and/or locally funded public works contracts.

All bidders, potential contractors, or subcontractors for this state and/or locally funded contract are hereby notified that failure to carry out the SLDBE policy and SLDBE obligations, set forth herein, shall constitute a breach of contract which may result in termination of the contract.

In administering its SLDBE program, NOAB must not, directly or through contractual or other arrangements, use criteria or methods of administration that have the effect of defeating or substantially impairing accomplishment of the objectives of the SLDBE program with respect to individuals of a particular race, color, sex, or national origin.

Additionally, all contractors, subcontractors, and/or sub-tier contractors must take steps to ensure that all personnel are aware of and carry out the obligation to maintain a non-discriminatory work environment, free of harassment, intimidation and coercion at all work sites, offices and other facilities to which employees are assigned to work.

All contractors, subcontractors, and/or sub-tier contractors shall help to ensure that small businesses are not discriminated against on the basis of race, ethnicity or gender (including both SLDBE and non-SLDBE small businesses).

Contractor agrees to comply with the SLDBE program at the Airport as outlined in this solicitation. Contractor further agrees to provide NOAB with periodic reports and records as are more fully discussed below. These reports and records shall provide documented evidence that the SLDBE level of Participation Plan is being achieved in accordance with the provisions of this contract. Failure to maintain the level of SLDBE Participation shall be deemed a material breach of this Contract, which shall result in such remedies as the NOAB deems appropriate and may include:

1. Withholding monthly progress payments;

2. Assessing sanctions;

3. Liquidated damages;

4. Disqualifying the contractor from future bidding as non-responsible; and

5. Termination of the contract.

1.02 DBE Goals

The NOAB is committed to utilization of SLDBEs on all projects. Accordingly, a SLDBE goal as set forth in this solicitation has been established for this project. At least the minimum percentage of the work of this Contract must be performed by firms currently listed as SLDBE firms by the City of New Orleans Unified Certification and Opportunity Center.

Contractor agrees that it shall demonstrate compliance with meeting the SLDBE participation goals in performance of this contract. Compliance can be achieved in one of two ways:

a) The Contractor can satisfy the SLDBE goal by selecting and documenting certified, qualified SLDBEbusiness(es) at the targeted level of SLDBE participation.

b) If the Contractor cannot meet the SLDBE goal, it must document its good faith efforts to achieve theSLDBE goal by demonstrating that requisite activities were conducted to identify, recruit and selectqualified and certified SLDBEs.

1.03 Requirements

The two apparent low Bidders must submit within three (3) days after the bid date completed and notarized Schedule of Contract Participation and SL/DBE Commitment Form. Upon request, all other Bidders shall submit completed and notarized Schedule of Contract Participation and SL/DBE Commitment Forms within

three (3) Business Days after the request. The Schedule of Contract Participation and SL/DBE Commitment Form must contain the list of SLDBE subcontractors currently listed as a SLDBE on City of New Orleans registry.

If the SLDBE participation goal is not met, the Bidder must provide a properly completed, signed and notarized Schedule of Contract Participation and DBE Commitment Form, with all supporting documentation indicating and demonstrating the Good Faith efforts. Failure to demonstrate Good Faith Efforts shall result in denial of the waiver. The apparent low Bidder shall submit all supporting documentation indicating and demonstrating Good Faith efforts within three (3) Business Days after the bid date. All other Bidders shall submit all supporting documentation indicating and demonstrating Good Faith efforts within three (3) Business Days after the request to Bidder to submit completed and notarized Schedule of Contract Participation and SL/DBE Commitment Form.

The SLDBE firms identified on the Schedule of Contract Participation Form must be currently listed as a SLDBE and properly certified in the area in which work is to be performed under the contract. Work performed by firms not listed cannot be counted towards the DBE participation level guaranteed by the Bidder.

1.04 Good Faith Efforts

Good faith efforts are required by the Contractor when the SLDBE goals established for a contract are not met, or at anytime during the contract when achievement of the SLDBE goal is in jeopardy. It is the Contractor’s responsibility to provide sufficient evidence for the NOAB to ascertain the efforts made. The Contractor shall demonstrate good faith efforts to maximize participation by SLDBEs prior to award and during the life of the contract. Good faith efforts include personal contacts, follow-ups and earnest negotiations with SLDBEs. The NOAB will consider, at a minimum, the following efforts as relevant, although this listing is not exclusive or exhaustive and other factors and types of efforts may be relevant:

(1) Efforts made to select portions of the work to be performed by SLDBEs in order to increase the likelihood of achieving the stated goal. It is the contractor’s responsibility to make a sufficient portion of the work available to subcontractors and suppliers and to select those portions of work or materials consistent with the availability of SLDBE subcontractors and suppliers to assure meeting the goal for SLDBE participation. Selections of portions of work are required to at least equal the SLDBE goal in the contract.

(2) Written notifications at least fourteen (14) calendar days prior to bid opening which solicits a reasonable

number of SLDBEs interested in participation in the contract as a subcontractor, regular dealer, manufacturer or consultant for specific items of work. The contractor shall provide notice to a reasonable number of SLDBEs that their interest in the contract is being solicited, with sufficient time to allow the SLDBE to participate effectively. The contractor shall seek SLDBEs in the same geographic area from which it generally seeks subcontractors for a given project. It the contractor cannot meet the goal using SLDBEs from the normal area, the contractor shall expand its search to a wider geographic area.

(3) Demonstrated efforts made to negotiate in good faith with interested SLDBEs for specific items of work

include: a) Attending pre-bid meetings that were scheduled to inform SLDBE firms of subcontracting

opportunities and/or requested a copy of the DBE Directory.

b) Soliciting certified SLDBE participation through all reasonable and available means of communication (e.g., letters, telephone calls, face-to-face meetings, place notices in hardcopy and online publications, network with community organizations).

c) Providing potential SLDBE firms and vendors with adequate and timely information as to the plans and specifications of a project, as well as information necessary to provide a bid or quote.

d) Documenting that certified SLDBEs for each potential vendor, subcontracting or supply category in the contract has been contacted. Documentation must include:

(i) The names, addresses, and telephone numbers of SLDBEs that were contacted, and the date(s) of contact.

(ii) A description of the information provided to SLDBEs regarding the plans and specifications for portions of the work to be performed.

(iii) A statement explaining why additional agreements with SLDBEs were not reached.

e) Selecting portions of the project to be performed by a certified SLDBE(s) in order to increase the likelihood that the SLDBE goal will be achieved. Divide the contract into economically feasible segments.

f) For each SLDBE that is contacted but rejected, providing the firm with reasons for the rejection and provide the NOAB with a copy of the documentation.

g) Any additional information not included above which would aid the NOAB in evaluation of the contractor’s good faith efforts.

(4) The following are examples of actions that will not be accepted as justification by the contractor for failure to meet SLDBE contract goals:

a) Failure to contract with a SLDBE solely because the SLDBE was unable to provide performance and/or payment bonds

b) Rejection of a SLDBE bid or quotation based on price alone. c) Failure to contract with a SLDBE because the SLDBE will not agree to perform items of work at

the unit price bid. d) Failure to contract with a SLDBE because the contractor normally would perform all or most of

the work in the contract. e) Rejection of a SLDBE as unqualified without sound reasons based on a thorough investigation of

their capabilities. f) Failure to make more than mail solicitations.

1.06 Removal and Substitution

Contractor acknowledges that only those SLDBE participants identified in the Contractor’s Schedule of Contract Participation Form and certified by the City of New Orleans as of the Executed Date will be recognized by NOAB in Contractor’s obligation to fulfill its SLDBE participation requirement. Contractor further acknowledges that to be counted toward Contractor’s obligation to SLDBE participation under this contract, a SLDBE participant must be and remain certified as a SLDBE during the contract.

Contractor acknowledges that before a SLDBE participant can be removed or substituted, the Contractor must submit a written request to the DBE Liaison Officer. The Contractor must submit the reason for the request along with the name(s) of the replacement SLDBE firms. The DBE Liaison Officer will decide whether or not to grant the substitution and issue a written decision within ten days of receipt of the request.

The NOAB will require the Contractor to make good faith efforts to replace a SLDBE that is terminated or removed to the extent needed to meet the SLDBE participation goal. The Contractor is required to notify the DBE Liaison Officer immediately of the SLDBE’s inability or unwillingness to perform and to provide reasonable documentation. The Contractor is required to request, in writing, permission to substitute the SLDBE and to provide copies of new or amended subcontracts or documentation of good faith efforts. If the Contractor fails or refuses to comply with the policy for replacing or substituting a SLDBE, Contractor shall be deemed in breach of the contract.

1.07 Reporting

1) Contractor must submit monthly reports which track the payments received and the dollars paid to SLDBE firms for the period covered. Monthly reports shall be required via the Contract Compliance Monitoring System or other means as approved by the Airport;

2) Contractor shall submit written reports, and supporting documentation as required, on a quarterly basis evidencing compliance with the SLDBE participation requirement as set forth herein. Said quarterly reports, including supporting documentation are due within twenty (20) days following the end of each quarter of each year throughout the Contract. The Board may assess a late fee of One Hundred Dollars ($100) per day for each day said quarterly report is delinquent.

3) NOAB or its designated representative shall have the right, upon written notice to Contractor or any subContractor, as the case may be, to audit all development and construction agreements, payments to vendors, and all correspondence related thereto. Contractor agrees to cooperate with any such notice and acknowledges that failure to supply requested documentation shall be deemed a breach of the contract.

1.08 Prompt Payment

The Contractor shall ensure that each subcontractor under this contract, especially SLDBE firms, are paid no later than seven (7) business days from the receipt of each payment Contractor receives from the NOAB or the project owner. Contractor further agrees to return retainage payments to each subcontractor, especially SLDBE firms, within ten (10) business days after the subcontractor’s work is satisfactorily completed and accepted by the NOAB, and all delays under applicable laws have expired. Any delay or postponement of

payment from the above-referenced time frame may occur only for good cause, following written approval of the NOAB.

1.09 Commercially Useful Function

SLDBE participation is only counted when the SLDBE contractor or vendor performs a commercially useful function.

A SLDBE performs a commercially useful function when it is responsible for execution of the work of the contract and is carrying out its responsibilities by actually performing, managing, and supervising the work involved. To perform a commercially useful function, the SLDBE must also be responsible, with respect to materials and supplies used on the contract, for negotiating price, determining quality and quantity, ordering the material, and installing (where applicable) and paying for the material itself.

A SLDBE does not perform a commercially useful function if its role is limited to that of an extra participant in a transaction, contract, or project through which funds are passed in order to obtain the appearance of DBE participation. If a SLDBE does not perform or exercise responsibility for at least 30 percent of the total cost of its contract with its own work force, or the SLDBE subcontracts a greater portion of the work of a contract than would be expected on the basis of normal industry practice for the type of work involved, it is presumed that the firm is not performing a commercially useful function.

1.10 DBE Fraud

Contractor acknowledges that DBE Fraud occurs when the contractor, subcontractor or sub-tier contractor to this contract misrepresents who performed the work in order to increase job profit while appearing to be in compliance with goals for SLDBE participation.

The NOAB shall inform the appropriate authorities of any false, fraudulent, or dishonest conduct in connection with the SLDBE program so that the necessary legal actions can commence.

1.11 “Joint Venture" means an association of two or more businesses to carry out a single business enterprise for profit, and for which purpose they combine their expertise, property, capital, efforts, skills, and knowledge. A Joint Venture seeking to be credited for SLDBE participation may be formed among SLDBE firms or between a SLDBE firm and a non-SLDBE firm. A Joint Venture company that submits a Bid may qualify as a SLDBE firm if they: 1) possess a fully executed Joint Venture agreement as recorded in the office of the Secretary of State at the time of Bid submittal, and 2) are SLDBE certified with NOAB on or before notice of award by NOAB.

1.12 A Joint Venture is eligible if, and only if, all of the following requirements are satisfied:

1) The SLDBE venture(s) share in the (1) ownership, (2) control, (3) management responsibilities, (4) risks and (5) profits of the Joint Venture in proportion with the SLDBE ownership percentage; and

2) The SLDBE venture(s) are responsible for a clearly defined portion of the Work to be performed, in proportion with the SLDBE ownership percentage.

1.14 For additional information related to SLDBE issues, Contractor should address all inquiries to:

Ms. Philistine Ferrand, DBE Liaison Officer New Orleans Aviation Board Post Office Box 20007 New Orleans, LA 70141 (504) 303-7610 [email protected]

- END OF SECTION -


DISADVANTAGED BUSINESS ENTERPRISE (DBE) OFFICE NEW ORLEANS AVIATION BOARD (NOAB)

SL/DBE PARTICIPATION PLAN

(TO BE COMPLETED AND SUBMITTED, WITH BID OR PROPOSAL, AT BID DUE DATE AND TIME.)

Contact Procurement for questions, comments, concerns or

help with completing this form: [email protected].

OVERVIEW All Respondents (including SL/DBE Respondents), at time of proposal submission, shall complete and submit an SL/DBE Participation Plan. The SL/DBE Participation Plan shall be considered a methodology as to how the Respondent plans to meet the SLDBE contract goal if awarded the project. If an SL/DBE Participation Plan is not submitted, it shall be determined that the Respondent was non-responsive to the New Orleans Aviation Board's SL/DBE Program provisions. The DBE Office shall submit such determination to the RFP/RFQ Selection Committee at the time of the Selection Committee meeting with a recommendation of rejecting the proposal from consideration. Upon receipt of a completed SL/DBE Participation Plan, the DBE Office shall evaluate and make a determination as to whether the SL/DBE Participation Plan is a responsive plan that provides a methodology on how the Respondent plans to meet the NOAB’s SLDBE participation goals. The factors prescribed herein are not intended to be a mandatory checklist, nor is it intended to be exhaustive or exclusive, but a guide to improving the use of SL/DBE and to growing successful SL/DBE businesses for the long-term. The DBE Office may consider other factors or types of efforts that may be relevant in appropriate cases. For further guidance, please, see the Good Faith Efforts Guidelines and Documentation of Good Faith Efforts Form on our website, www.flymsy.com/dbe-program. All questions, comments or concerns should be directed to [email protected]. NOTIFICATION OF FINALIST(S) Within three (3) business days (5:00 PM) of notification by NOAB that Respondent / Bidder is a finalist, successful proposer(s) shall complete and submit SL/DBE Compliance Form-1, Documentation of Contract Participation. This form is used to list your primary SL/DBE subcontractor(s) on a NOAB Bid, RFP or solicitation response. If the amount of participation is less than the Contract Goal, along with the SL/DBE Compliance Form-1, the Respondent / Bidder shall complete and submit a SL/DBE Compliance Form-2, Documentation of Good Faith Efforts Form, along with all required, supporting documentation. The Good Faith Efforts Guidelines and all SL/DBE Compliance forms are available at www.flymsy.com/dbe-program.


http://www.flymsy.com/dbe-program

mailto:[email protected]?subject=Airport%20Hotel%20Dev%20&%20Construct%20Inquiry

http://www.flymsy.com/dbe-program


SL/DBE PARTICIPATION PLAN FORM

Page 2 of __________ Revised 06/2016

RFP/RFQ Solicitation Number: Total Contract Amount: $ SL/DBE Goal: %

Project Description: SECTION I. RESPONDENT

Company: Certified SL/DBE? Yes No

Address:

Telephone: E-Mail: SL/DBE PARTICIPATION PLAN SUBMITTED BY: Signature: Date:

Printed Name: Title: The following employee will be designated as the SL/DBE Liaison for all communication regarding SL/DBE participation, including documentation for SL/DBE participation and maintenance of records of Good Faith Efforts for this contract award. Name: Title:

Address:

Telephone: E-Mail:



Page 3 of __________ Revised 06/2016

SECTION II. SL/DBE PARTICIPATION PLAN METHOD The following method was used to develop the DBE Participation Plan. Please, explain: 1. Has your firm worked with SL/DBE firms in the past? If yes, describe the results of that working relationship.

2. Based on the scope of services requested by the NOAB, what SL/DBE subcontracting opportunities were identified to increase the likelihood of meeting the contract goal.

3. Describe the outreach methods that your firm will use to encourage and incorporate SL/DBE firms in this project.

4. If no SL/DBE subcontract opportunities were identified, please, explain:



Page 4 of __________ Revised 06/2016

SECTION III. SL/DBE SUBCONTRACTOR'S SCOPE OF WORK If you have identified any SL/DBEs, please, provide the name of the firm and the services, products and/or scope of work to be provided. Attach additional pages, if necessary.

Name of Firm: Firm Contact:

Telephone: E-Mail:

Describe, below, or attach the work to be performed by the SL/DBE firm.

Estimated Dollar Value for Scope of Work: $ Source of Certification: SLDBE LAUCP


Telephone: E-Mail:




Telephone: E-Mail:




SL/DBE PARTICIPATION PLAN FORM SECTION III. SL/DBE SUBCONTRACTOR'S SCOPE OF WORK (CONTINUED)

Page __________ of __________ Revised 06/2016


Telephone: E-Mail:




Telephone: E-Mail:




Telephone: E-Mail:




SL/DBE COMPLIANCE FORM-1

DOCUMENTATION OF CONTRACT PARTICIPATION (SUCCESSFUL PROPOSER(S) MUST SUBMIT BY 5:00 PM THREE BUSINESS DAYS AFTER NOAB NOTIFICATION AS FINALIST.)

Revised 06/2016



Prior to award of a New Orleans Aviation Board contract, Good Faith Efforts (GFE) are required to be made and demonstrated on all applicable NOAB contracts. Complete and submit this SL/DBE Compliance Form-1, Documentation of Contract Participation. If you have not attained the amount of SL/DBE participation needed to meet the contract goal, you are also required to complete and submit the SL/DBE Compliance Form-2, Documentation of Good Faith Efforts, along with all required supporting GFE documentation. The GFE Guidelines, along with all other compliance forms, are available via www.flymsy.com -> Business Opportunities -> DBE Program. BIDDERS / RESPONDENTS: Should the bidder fail to comply with the above request, the bid / proposal shall be considered non-responsive.

RFP / RFQ /Bid / Solicitation / Other # Bid / Proposal Amount: $ Date: / / Project Title:

has satisfied the requirements of the bid/proposal specifications for the above Name of Bidder/Respondent Firm

BID / RFP / RFQ or solicitation by the NOAB in the following manner: (Please, check the appropriate box.)

The Bidder / Respondent is committed to meet or exceed the contract goal of % SL/DBE utilization on this contract. The Bidder / Respondent is unable to meet the SLDBE contract goal, however is committed to a minimum of % SL/DBE utilization on this contract and has

completed and submitted SL/DBE Compliance Form-2, Documentation of Good Faith Efforts, along with all required supporting GFE documentation. I HEREBY CERTIFY THAT THE INFORMATION CONTAINED HEREIN IS TRUE AND CORRECT. PRINTED NAME: SIGNATURE: , TITLE SL/DBE COMMITMENT TO CONTRACT GOAL (Attach additional pages, if necessary.): Tier 1 refers to a firm acting as a Prime. Tier 2 refers to a 1st-level subcontractor. Tier 3 refers to a 2nd-level subcontractor, a sub of a sub.

SL/DBE FIRM NAME & ADDRESS CONTACT PERSON & PHONE

NUMBER

SOURCE OF CERTIFICATION

(SLDBE or LAUCP) SCOPE OF WORK

PROPOSED CONTRACT VALUE Tier:

1, 2 or 3 Regular Dealer / Supplier $ %

1. SLDBE LAUCP $ %

2. SLDBE LAUCP $ %


DISADVANTAGED BUSINESS ENTERPRISE (DBE) OFFICE SL/DBE COMPLIANCE FORM-1 NEW ORLEANS AVIATION BOARD (NOAB) DOCUMENTATION OF CONTRACT PARTICIPATION

Page 2 of 5 Revised 06/2016

SL/DBE FIRM NAME & ADDRESS CONTACT PERSON & PHONE

NUMBER

SOURCE OF CERTIFICATION

(SLDBE or LAUCP) SCOPE OF WORK

PROPOSED CONTRACT VALUE Tier:

1, 2 or 3 Regular Dealer / Supplier $ %

3. SLDBE LAUCP $ %

4. SLDBE LAUCP $ %

5. SLDBE LAUCP $ %

6. SLDBE LAUCP $ %

7. SLDBE LAUCP $ %

8. SLDBE LAUCP $ %

9. SLDBE LAUCP $ %

10. SLDBE LAUCP $ %

11. SLDBE LAUCP $ %

12. SLDBE LAUCP $ %

13. SLDBE LAUCP $ %

14. SLDBE LAUCP $ %

15. SLDBE LAUCP $ %

TOTALS $ %

Toward Goal (If a firm is marked as Regular Dealer / Supplier, only 60% of their participation may be counted towards the goal.) %



PRIME AND ALL OTHER, NON-SL/DBE SUBCONTRACTORS

NON-SL/DBE FIRM NAME & ADDRESS CONTACT PERSON & PHONE

NUMBER SCOPE OF WORK PROPOSED CONTRACT VALUE

$ %

1. $ %

2. $ %

3. $ %

4. $ %

5. $ %

6. $ %

7. $ %

8. $ %

9. $ %

10. $ %

11. $ %

12. $ %

13. $ %

14. $ %

15. $ %

16. $ %

17. $ %





$ %

18. $ %

19. $ %

20. $ %

21. $ %

22. $ %

23. $ %

24. $ %

25. $ %

26. $ %

27. $ %

28. $ %

29. $ %

30. $ %

31. $ %

32. $ %

33. $ %

34. $ %





$ %

35. $ %

36. $ %

37. $ %

38. $ %

39. $ %

40. $ %

41. $ %

42. $ %

43. $ %

44. $ %

45. $ %

46. $ %

47. $ %

48. $ %

49. $ %

50. $ %

TOTALS $ %


SL/DBE COMPLIANCE FORM-2

DOCUMENTATION OF GOOD FAITH EFFORTS (SUCCESSFUL PROPOSER(S) MUST SUBMIT ALONG WITH SL/DBE COMPLIANCE FORM-1, IF SLDBE GOAL HAS NOT BEEN MET.)

Revised 06/2016



Prior to award of a New Orleans Aviation Board (NOAB) contract, Good Faith Efforts (GFE) are required to be made and demonstrated on all applicable NOAB contracts. If you have not attained the amount of DBE participation to meet the contract goal, you are required to complete and submit this SL/DBE Compliance Form-2, Documentation of Good Faith Efforts, along with all required supporting GFE documentation, in conjunction with the SL/DBE Compliance Form-1, Documentation of Contract Participation. The GFE Guidelines are available via www.flymsy.com -> Business Opportunities -> DBE Program. BIDDERS / RESPONDENTS: This completed form, along with all required supporting documentation, must be submitted along with the SL/DBE Compliance Form-1 by the successful proposer(s). Should the bidder / respondent fail to comply with this request, the bid / proposal shall be considered non-responsive.

RFP / RFQ /Bid / Solicitation / Other # Bid / Proposal Amount: $ Date: / / Project Title:

has satisfied the requirements of the bid/proposal specifications for the above Name of Bidder/Respondent Firm

BID / RFP / RFQ or solicitation by the NOAB in the following manner: (Please, check the appropriate box.)

The Bidder / Respondent is unable to meet the % SLDBE contract goal and has completed and submitted this SL/DBE Compliance Form-2, Documentation of Good Faith Efforts, along with all required supporting GFE documentation.

The Bidder / Respondent is unable to meet the SLDBE contract goal, however is committed to a minimum of % SL/DBE utilization on this contract and has completed and submitted this SL/DBE Compliance Form-2, Documentation of Good Faith Efforts, along with all required supporting GFE documentation.

I HEREBY CERTIFY THAT THE INFORMATION CONTAINED HEREIN IS TRUE AND CORRECT. PRINTED NAME: SIGNATURE: , TITLE

Instructions: Please, complete sections A through D, and include all specific supporting documentation, as outlined below. Attach additional pages, if necessary.

SPECIFIC PORTIONS OF WORK IDENTIFIED FOR SL/DBE SUBCONTRACTOR: Complete section A.

NOTIFYING CERTIFIED SL/DBEs OF CONTRACTING OPPORTUNITIES: Please, attach a copy of the announcement and written notices distributed to SL/DBEs. Example: Newspaper, e-mail, mail correspondence, and community outreach notices, etc.

INITIAL SOLICITATION & FOLLOW-UP OF INITIAL SOLICITATION: Bidders / Respondents may only solicit from the LAUCP DBE directory located at www.LAUCP.org OR the City of New Orleans' Office of Supplier Diversity directory located at www.nola.gov/economic-development/supplier-diversity/directory/.

NEGOTIATE IN GOOD FAITH: Please, provide a copy of all correspondence documenting negotiation efforts including written rejection notices and copies of SL/DBE and non-DBE quotes.


http://www.laucp.org/

http://www.nola.gov/economic-development/supplier-diversity/directory/

DISADVANTAGED BUSINESS ENTERPRISE (DBE) OFFICE SL/DBE COMPLIANCE FORM-2 NEW ORLEANS AVIATION BOARD (NOAB) DOCUMENTATION OF GOOD FAITH EFFORTS


A. SPECIFIC PORTIONS OF WORK IDENTIFIED FOR SL/DBE SUBCONTRACTOR: Please list all selected scopes or portions of work to be performed by SL/DBEs in order to increase the likelihood of meeting the contract goal for this project and the estimated value of each scope or portions of work identified.

Scope or Portions of Work Identified for SL/DBE Participation Estimated Value % of Contract

Value 1 $

2 $

3 $

4 $

5 $

6 $

7 $

8 $

9 $

10 $

11 $

12 $

13 $

14 $

15 $

TOTALS $

B. NOTIFYING CERTIFIED SL/DBEs OF CONTRACTING OPPORTUNITIES: Please complete all fields below, list all sources of advertisement and outreach to SL/DBE subs. I. Did you contact the NOAB-DBE OFFICE to request submission of your subcontracting opportunities on the DBE Opportunities page?

YES NO Date of Submission



II. Identify publications in which announcements or notifications were placed and published. Include a copy of each announcement or notification.

Source of Advertising/Outreach What subcontracting areas of work were advertised? Date of Ad Due Date & Time for Sub Bids NOAB

VERIFICATION Date Time

1

2

3

4

5 C. INITIAL SOLICITATION & FOLLOW-UP: Please complete all fields below. List all certified SL/DBE firms that received written notification of work items to be subcontracted.

In the appropriate space, also indicate when firms received subsequent telephone, or email (with delivery, read receipts and certified firm’s response) solicitations. Include copies of the written notice(s) sent to certified firms.

SL/DBE FIRM & CONTACT PHONE Scope of Work Solicited Date of Written

Notification Result of Initial Communication

Date of Follow-up and Method of Contact

(Phone, Fax, E-mail) Result of Follow-up Communication

Ex. ABC Company /Jane Smith (504) 123-4567 Legal services 01/01/14 Will submit a quote 01/10/14 e-mail Quote received

1 2

3 4 5 6 7 8 9

10 11



SL/DBE FIRM & CONTACT PHONE Scope of Work Solicited Date of Written

Notification Result of Initial Communication

Date of Follow-up and Method of Contact

(Phone, Fax, E-mail) Result of Follow-up Communication

Ex. ABC Company /Jane Smith (504) 123-4567 Legal services 01/01/14 Will submit a quote 01/10/14 e-mail Quote received

12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30



D. NEGOTIATE IN GOOD FAITH: Provide an explanation for any rejected SL/DBE bid or price quotation, unless another SL/DBE is accepted for the same work, as follows: I. Where price competitiveness is not the reason for rejection, complete all fields below and provide a copy of the written rejection notice including the reason for

rejection to the rejected SL/DBE firm. A meeting may be held with the rejected SL/DBEs, if requested, to discuss the rejection.

SL/DBE Subcontractor Scope Date rejection

notice sent Reason

Met with SL/DBE Sub?

Yes No Not

requested

1

2

3

4

5

6

7

8 II. Where price competitiveness is the reason for rejection, complete all fields below, and attach copies of all SL/DBE and non-SL/DBE bid quotes.

SL/DBE Subcontractor Scope Quote Non-SL/DBE Subcontractor Scope Quote

Price Variance

(+/-)

1 $ 1 $ %

2 $ 2 $ %

3 $ 3 $ %

4 $ 4 $ %

5 $ 5 $ %

6 $ 6 $ %

7 $ 7 $ %

8 $ 8 $ %

Attachment H

SAMPLE CONTRACTOR QUALIFICATIONS SURVEY

(not required to be submitted with Bid)

The location of the project is Louis Armstrong New Orleans International Airport, Kenner, Louisiana.

Mobilization of this project will begin . The duration of the project will be , and, therefore, completion is scheduled for .

A brief scope of Work includes .

Provide as much information on this form as is applicable to your company to the fullest extent permitted by law. Additional information may be attached to this form. Your completed Qualifications Survey will be confidential and retained at the LANOIA Program Management office.

Date

Please attach to this form a copy of your current certificate of insurance; indicate current limits. Upon request, the low Bidder must submit financial statements consisting of (1) a balance sheet and (2) a statement of financial resources certified by an independent public accountant. The data contained in the financial statements should not be more than 12 months old and if more than 12 months old, Authorized Representative may request appropriate data to update your firm’s financial condition. Additionally, Authorized Representative or designees may make site visits to review/discuss financial records. Prior to the award of a contract the successful Bidder may be required, at the discretion of the NOAB/Owner, to furnish a complete Financial Statement prepared and certified by a Certified Public Accountant, which statement must substantially agree with the figures given herein. Entity name, address, and telephone and fax numbers ______________ Civil

______________ Structural (__ fabrication __ erection) ______________ Electrical ______________ Instrumentation ______________ Mechanical ______________ Piping (__ fabrication __ erection) ______________ Insulation ______________ Environmental ______________ Other (please specify)

*Contractor's license/states *Labor affiliations______________ Union

President ______________ Nonunion______________ Open shop

Contact person Geographic area of business operations

Years in business

Years performing construction services

Work hours/month now under Contract

Percent of Work as construction manager

Last year's Work load (man-hours/year) Percent and type of Work subcontracted

This year's forecasted Workload Percent of Work by direct hire

Annual gross sales last 3 years 20 __ $ 20 __ $

20 __ $

Percent of Work by own force

Approximate value of capital Equipment owned by firm (attach list with model numbers and capacities)

Bank reference (past 2 years) (address/phone/fax/account manager)

Work presently under Contract (Project name, location, and cost)

Contract Amount Type of Work When Completed Where Located: City/County/State/

Owner/ Contact/ Phone No.

What Projects has your organization completed in the past two years? (Include only major Contracts in this same dollar range of you bid on this Project.)

Contract Amount Type of Work When Completed Where Located: City/County/State/

Owner/ Contact/ Phone No.

Has your company been terminated for default on any Project in the last 2 years? Yes _____ No ______

If yes, please state Project and reference.

Have you ever failed to complete any Work awarded to you? If so, where and why?

Has any officer or partner or principal or owner of this entity ever been an officer or partner or principal or owner of some other entity that was terminated for default or failed to complete a construction contract? If so, state name of individual, other entity and reason therefore.

Has any officer or partner or principal or owner of this entity ever been terminated for default or failed to complete a construction contract handled in his or her own name? If so, state name of individual, and reason therefore.

Total permanent staff employed by firm (professional/trade people/clerical). Please attach a list, including craft breakdown.

In-house design/build capability or fabrication capability

Maximum bonding capacity

$

Bonding company

Value of Work presently bonded

$

Agent/phone/fax

Insurance company Indicate current limits for the following:

General liabilities Auto insurance

Workers Compensation Excess coverage (umbrella)

Insurance agents (name/phone/fax) Years in business with current insurance company

*List your firm's experience modification ratings (EMR) for the last 3 years20____ ________ 20____ ________ 20____ ________

*Please use your OSHA 300 Log to fill in the number of injuriesand illnesses for the last 3 years

Total employee hours worked in the last 3 years (do not include non-work time, even though paid)

B) Year Hours 20___ ______ 20___ ______ 20___ ______

Year 20__ 20__ 20__

Number of lost/restricted workday cases (Totals OSHA 300 Log, columns 2 and 9)

Number of recordable cases without restricted activity or lost workdays (Totals OSHA 300 Log, columns 6 and 13)

+ Injury Index (C) Multiply total for each year (A) x 200,000 and divide by totalemployee hours for that year (B)

C) Year Hours 20___ ______ 20___ ______ 20___ ______

Number of fatalities (columns 1 and 8)

+

Total OSHA 300 Log A)

What agency’s requirements do your safety procedures comply with?

Please provide copies of any OSHA citations received for the most recent 3-year period and provide a description of the actions taken to abate the citations.

Do you hold site safety meetings for field supervisors? No _____ Yes _____

How often? Weekly _____ Biweekly _____ Monthly _____ Less often or as needed _____

Who conducts the inspection (title of person conducting inspections) Are the following accident records and accident summaries kept? How often are they recorded? No Yes Monthly Annually Accidents totaled for the entire company ______ _______ _______ _______ Accidents totaled by Project ______ _______ _______ _______ Subtotaled by Superintendent ______ _______ _______ _______ Subtotaled by foreman ______ _______ _______ _______

*Pertains to Contractors working in the U.S. only and is not applicable to Contractors working outside the U.S.

Do you have a written safety program and manual?No _____ Yes _____ If you answered "yes," attach the manual's table of contents. A copy of your company's safety manual will be required for review within seven (7) days of Notice to Proceed.

Do you have an orientation program for new hires?No _____ Yes _____

Do you hold craft toolbox safety meetings? No _____ Yes _____

How often? Weekly _____ Biweekly _____ Monthly _____Less often or as needed _____

In the previous 3 years, has your firm been cited for any serious violations? No _____ Yes __ If you answered "yes," please explain and attach OSHA Safety Orders.

Are your quality control personnel certified by an approved inspection testing agency?No _____Yes _____

This form must be signed by an authorized official of the organization.

Signature Name

Comments:

SAMPLE NON-COLLUSION AFFIDAVIT

(Post Bid Submittal)

STATE OF

PARISH OF

, being first duly sworn, deposes and says that:

(1) He is (Owner) (Partner) (Officer) (Representative) or (Agent), of the Bidder that has submitted the attached Bid;

(2) Such bid is genuine and is not a collusive or sham bid;

(3) Neither the said Bidder nor any of its officers, partners, owners, agents, representatives, employees or parties of interest, including this affiant, has in any way colluded, conspired, connived or agreed, directly or indirectly with any other bidder, firm or person to submit a collusive or sham bid in connection with the Contract for which the attached bid has been submitted or to refrain from bidding in connection with such contract, or has in any manner, directly or indirectly sought by agreement or collusion or communication or conference with any other bidder, or to fix any overhead, profit or cost element of the bid price or the bid price of any other Bidder, or to secure through any advantage for the City of New Orleans/New Orleans Aviation Board of any person interested in the proposed contract; and

(4) The price or prices quoted in the attached bid are fair and proper and are not tainted by any collusion, conspiracy, connivance or unlawful agreement on the part of the Bidder or any of its agents, representatives, owners, employees, or parties in interest, including this affiant.

SWORN TO AND SUBSCRIBED, before me this , day of , 20 .

(Seal) NOTARY PUBLIC

My commission expires .

CONVICTED FELON AFFIDAVIT

CITY OF NEW ORLEANS

(Pre-requisite to contract execution as per City Code Section 2-8 (c))

(Post Award Submission)

STATE OF _______________________

PARISH/COUNTY OF

Before me, the undersigned authority, came and appeared , who, being first duly sworn, deposed and said that:

1. He/She is the and authorized representative of , hereafter called “Contractor.”

2. The Contractor complies with Section 2-8 (c) of the Code of the City of New Orleans.

3. No Contractor principal, member, or officer 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.

Contractor Representative (Signature)

(Print or type name)

(Address)

Sworn to and subscribed before me, in , Louisiana, this day of , 201 .

Notary Public:

Notary Identification/Bar Roll Number:

SAMPLE BIDDER ATTESTATION (Post-Bid Submittal)

City solicitation no. for

The bidding entity, , attests that no individual partner, incorporator, director, manager, officer, organizer, or member, who has a minimum of a ten percent ownership in the bidding entity, has been convicted of, or has entered a plea of guilty or nolo contendere to any of the following crimes or the equivalent federal crimes after July 2, 2010.

R.S. 38:2227. B.(1) a. Public bribery (R.S. 14:118)b. Corrupt influencing (R.S. 14:120)c. Extortion (R.S. 14:66)d. Money laundering (R.S. 14:230)

R.S. 38:2227. B.(2) e. Theft (R.S. 14:67)f. Identity Theft (R.S. 14:67.16)g. Theft of a business record (R.S. 14:67.20)h. False accounting (R.S. 14:70)i. Issuing worthless checks (R.S. 14:71)j. Bank fraud (R.S. 14:71.1)k. Forgery (R.S. 14:72)l. Contractors; misapplication of payments (R.S. 14:202)m. Malfeasance in office (R.S. 14:134)

Attest (signature): Date

Name and title (print):

Authorized Representative for Bidding Entity (print):

VOLUNTARY BID EXTENSION FORM

(Not required to be submitted with Bid)

If at any time after bid opening this Bid is determined to be the apparent lowest responsive and responsible bid, Bidder hereby agrees to bid extensions of the award date by up to two (2) consecutive 30 day periods in accordance with La. R.S. 38:2215.

NAME OF BIDDER

SIGNATURE OF BIDDER

COMPANY NAME

ATTACHMENT “J”

CITY OF NEW ORLEANS TAX CLEARANCE AUTHORIZATION

According to Section 2-8 of the Code of the City of New Orleans, Louisiana 1995, the City may not enter into or make payments under a contract, grant or cooperative endeavor agreement with any person, corporation, or entity delinquent in City taxes. This form supplies the needed tax clearance. This clearance is issued without prejudice to any tax liabilities discovered by audit.

Please refer to the instructions on the back of this form

BUSINESS NAME:

OWNER’S NAME:

REAL ESTATE TAX NUMBER:

TYPE OF BUSINESS:

BUSINESS ADDRESS:

PERSONAL PROPERTY TAX NUMBER:

MAILING ADDRESS:

CONTACT TELEPHONE:

SALES TAX/OCCUPATIONAL LICENSE NUMBER:

FAX NUMBER:

E-MAIL ADDRESS: ____________________________________________________

PRINT NAME: TITLE: AUTHORIZED SIGNATURE: DATE SIGNED: I certify that I have the authority to execute this form with respect to the tax matters covered and that the above is true and correct. The City of New Orleans is authorized to inspect and/or receive confidential tax information.

BUREAU OF REVENUE (Room 1W15) BUREAU OF TREASURY (Room 1W37) This clearance covers Occupational License and Sales/Use

taxes. This clearance covers Ad Valorem taxes for Real Estate and

Business Property taxes. I hereby assert that after review of the taxpayer’s records of this date that the taxpayer IS NOT delinquent in any taxes owed to the city. This clearance covers the period today through March 1, 20_____. The above clearance may be revoked for failure to pay sales tax.

I hereby assert that after review of the taxpayer’s records of this date that the taxpayer IS NOT delinquent in any taxes owed to the city. This clearance covers the period today through March 1, 20_____.

_______________________________________

COLLECTOR OF REVENUE DATE

_______________________________________

TREASURY CHIEF DATE

I attest that the taxpayer named above is not delinquent in any taxes owed to the city.

________________________________ ___________ DIRECTOR OF FINANCE DATE

CITY OF NEW ORLEANS TAX CLEARANCE AUTHORIZATION

INSTRUCTIONS

1. To complete this form, provide all of the information requested. Failure to fill in ALL information requested will delay processing. If the form is not signed and dated, the form will not be processed.

2. Complete, sign and date the authorization form and submit to the Department with whom you are contracting.

3. This form authorizes the City of New Orleans to inspect and/or receive your confidential tax information.

4. This Tax Clearance Authorization will not be honored for any purpose other than contracting with the City of New

Orleans.

5. The following requirements must be met in order for a Tax Clearance Authorization form to be approved by the City of New Orleans. It is recommended that all outstanding tax and business registration be completed prior to processing the form to expedite contract execution.

Real Estate/Personal Property Tax

o Businesses are required to be current in payment of all Real Estate Tax and Personal Property Tax. o A business can visit the City of New Orleans’ website, www.nola.gov at the Bureau of Treasury webpage to pay

outstanding Real Estate and Personal Property taxes due. o A business can mail outstanding tax payments to City of New Orleans, Bureau of the Treasury 1300 Perdido St.,

Room 1W38, New Orleans, La. 70112. Sales Tax/Occupational License

o All businesses are required to have a City of New Orleans Sales Tax number. o If the business is located within Orleans Parish, an Occupational License is also required. If the business is

domiciled outside of Orleans Parish, a registration is required to be completed to obtain a Revenue account number.

o If a business is not registered, a New Business Application must be completed. The application can be found on the City of New Orleans’ website, www.nola.gov, at the Bureau of Revenue webpage. Under Online Revenue Documents, an application can be downloaded and returned to the City of New Orleans, Bureau of Revenue, 1300 Perdido St., Room 1W15, New Orleans, LA 70112. Any questions may be forwarded to Revenue Administration, 658-1695 or 658-1666.

o Non-profit organizations must comply with the Occupational License requirements by completing a New Business Application. The application can be found on the City of New Orleans’ website, www.nola.gov, at the Bureau of Revenue webpage. Under Online Revenue Documents, an application can be downloaded and returned to the City of New Orleans, Bureau of Revenue, 1300 Perdido St., Room 1W15, New Orleans, LA 70112. Any questions may be forwarded to Revenue Administration, 658-1695 or 658-1666.

o Once exempt status is confirmed for the non-profit organization, the organization is exempt from Occupational License fees.

Revised Tax Clearance Authorization, April 20, 2012




of 10

SAMPLE AGREEMENT FORM

CONTRACT BETWEEN

THE CITY OF NEW ORLEANS BY AND THROUGH

THE NEW ORLEANS AVIATION BOARD AND

______________________________

THIS CONTRACT is entered into by and between the City of New Orleans, represented by Mitchell J. Landrieu, Mayor (the “City”) by and through the New Orleans Aviation Board, represented by Cheryl Teamer, Chairwoman (the “Board”)(the City and Board collectively referred to as “Airport”), and -----------------------------, represented by ----------------------------------- (the “Contractor”). The Agreement is effective as of the date of execution by the City (the “Effective Date”).

RECITALS WHEREAS, on --------------, the City issued an Invitation to Bid No. --------------------, including

all of its attachments, Addendum Number 1 dated ------------------, Addendum 2 dated ---------------------- and Addendum 3 dated ----------------- a contractor to (brief description of services) (the “ITB”);

WHEREAS, the Contractor submitted the lowest responsive bid in response to the ITB;

WHEREAS, the Airport desires to award the Contract to the Contractor; and

WHEREAS, the Board approved this agreement at its meeting on -------------------. NOW THEREFORE, the Airport grants and confirms to the Contractor the contract to (brief

description of services) under the ITB, and the Airport and the Contractor, for good and valuable consideration, agree as follows:

ARTICLE I - THE CONTRACTOR’S OBLIGATIONS The Contractor will perform all obligations of the Contractor, and be subject to all terms and

conditions set forth in this Contract and in the following documents that are incorporated by reference fully into this Contract: the ITB and the Contractor’s Bid dated --------------- (the “Bid”).

ARTICLE II - THE AIRPORT’S OBLIGATIONS The Airport will pay the Contractor at the rates set forth in the Contractor’s Bid for the

satisfactory performance of this Contract and will perform all obligations of the Airport, and be subject to all terms and conditions set forth, in this Contract and any incorporated documents.

ARTICLE III - THE SURETY’S OBLIGATIONS A. Performance and Payment Bonds. The ---------------------- Insurance Company (the

“Surety”) intervenes in this Contract and binds itself as surety for: 1. for the faithful performance of all work required of the Contractor by this Contract in the full

sum of $----------------------; and

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the full payment by the Contractor of all payments to be made by the Contractor under this Contract the full sum of $----------------------------------. Each of these bonds is to be considered separate and distinct, and no payment made by the Surety under either bond shall in any way reduce the obligations of the Surety under the other.

B. Acknowledgement of Contract. The Surety represents and warrants that it has fully read and understands the terms of this Contract, including all incorporated documents.

C. Survival and Validity of Bonds. The Surety’s bonds shall remain in full force and effect, and shall survive the termination of this Contract, but shall be become null and void if the Contractor: (1) well and faithfully performs all and singular the obligations assumed by the Contractor in this Contract; (2) promptly pays all wages of laborers, workmen, or mechanics to be employed by the Contractor for all work done or labor performed by the Contractor or by any sub-contractors; or furnished to sub-contractors, and used in the construction, erection, alteration, performance or repairs of the work required by the Contract; (3) promptly pays for all materials or supplies furnished to the Contractor, or by any subcontractor, or to any subcontractor, for the use in machines used in the construction, erection, alteration, performance or repair of the work required by the Contract; (4) fully secures and protects the City, its legal successor and representatives, from all loss or expense of any kind, including premises, including all costs of Court and attorneys’ fees, made necessary or arising from the failure, refusal or neglect of the Contractor to comply with all of the obligations assumed by it; and (5) promptly delivers all the work required by the Contract to the City, free from any and all claims, liens and expenses. The obligations of the Surety will not be affected in any way by any modifications, omissions, or additions in or to the terms of this Contract, the plans or specifications, or in the manner and mode of payment.

ARTICLE IV - ADDITIONAL PROVISIONS

A. Required Federal Provisions: The Contractor agrees to comply with the Federal Construction Contract Provisions attached hereto as Exhibit A.

B. 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 5 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.

C. Non-Solicitation Statement. The Contractor has not employed or retained any company or person, other than a bona fide employee working solely for it, to solicit or secure this Contract. The Contractor has not paid or agreed to pay any person, other than a bona fide employee working for it, any fee, commission, percentage, gift, or any other consideration contingent upon or resulting from this Contract.

D. Non-Waiver. The failure of either party to insist upon strict compliance with any provision of this Contract, to enforce any right or to seek any remedy upon discovery of any default or breach of the other party at such time as the initial discovery of the existence of such noncompliance,

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right, default or breach shall not affect or constitute a waiver of either party’s right to insist upon such compliance, exercise such right or seek such remedy with respect to that default or breach or any prior contemporaneous or subsequent default or breach.

E. 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.

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EXHIBIT A TO CONTRACT BETWEEN

THE CITY OF NEW ORLEANS AND

----------------------------------

BID PROPOSAL NO.: 8910------

FEDERAL CONTRACT PROVISIONS

1.00 Civil Rights – General The Bidder and its transferee agree 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 obligates the Bidder or its transferee for the period during which Federal assistance is extended to the airport through the Airport Improvement Program.

In cases where Federal assistance provides, or is in the form of personal property; real property or interest therein; structures or improvements thereon, this provision obligates the party or any transferee for the longer of the following periods:

(a) The period during which the property is used by the airport sponsor or any transferee for a purposefor which Federal assistance is extended, or for another purpose involving the provision of similarservices or benefits; or

(b) The period during which the airport sponsor or any transferee retains ownership or possession of theproperty.

2.00 Title VI - Compliance with Nondiscrimination Requirements During the performance of this contract, the Bidder, for itself, its assignees, and successors in interest (hereinafter referred to as the “Bidder”) agrees as follows:

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

2. Non-discrimination: The Bidder, with regard to the work performed by it during the contract, will notdiscriminate on the grounds of race, color, or national origin in the selection and retention ofsubcontractors, including procurements of materials and leases of equipment. The Bidder will notparticipate directly or indirectly in the discrimination prohibited by the Nondiscrimination Acts andAuthorities, including employment practices when the contract covers any activity, project, or programset forth in Appendix B of 49 CFR part 21.

3. Solicitations for Subcontracts, Including Procurements of Materials and Equipment: In allsolicitations, either by competitive bidding, or negotiation made by the Bidder for work to be performed

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under a subcontract, including procurements of materials, or leases of equipment, each potential subcontractor or supplier will be notified by the Bidder of the Bidder ’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 Bidder 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 or theFederal Aviation Administration to be pertinent to ascertain compliance with such NondiscriminationActs And Authorities and instructions. Where any information required of a contractor is in theexclusive possession of another who fails or refuses to furnish the information, the Bidder will so certifyto the sponsor or the Federal Aviation Administration, as appropriate, and will set forth what efforts ithas made to obtain the information.

5. Sanctions for Noncompliance: In the event of Bidder’s noncompliance with the Non-discriminationprovisions of this contract, the Lessor will impose such contract sanctions as it or the Federal AviationAdministration 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 Bidder will include the provisions of paragraphs one through six inevery subcontract, including procurements of materials and leases of equipment,unless exempt by the Acts, the Regulations and directives issued pursuant thereto. The Bidder will takeaction with respect to any subcontract or procurement as the sponsor or the Federal AviationAdministration may direct as a means of enforcing such provisions including sanctions fornoncompliance. Provided, that if the contractor becomes involved in, or is threatened with litigation by asubcontractor, or supplier because of such direction, the contractor may request the sponsor to enter intoany litigation to protect the interests of the sponsor. In addition, the contractor may request the UnitedStates to enter into the litigation to protect the interests of the United States.

3.00 Title VI - Title VI Clauses for Transfer of Real Property Acquired or Improved Under the Activity, Facility, or Program

The following clauses will be included in deeds, licenses, leases, permits, or similar instruments entered into by the Lessor pursuant to the provisions of the Airport Improvement Program grant assurances.

A. The Bidder for himself/herself, his/her heirs, personal representatives, successors in interest, andassigns, as a part of the consideration hereof, does hereby covenant and agree that:

1. In the event facilities are constructed, maintained, or otherwise operated on the property described inthis Lease for a purpose for which a Federal Aviation Administration activity, facility, or program isextended or for another purpose involving the provision of similar services or benefits, the Bidder willmaintain and operate such facilities and services in compliance with all requirements imposed by theNondiscrimination Acts and Regulations listed in the Pertinent List of Nondiscrimination Authorities (asmay be amended) such that no person on the grounds of race, color, or national origin, will be excludedfrom participation in, denied the benefits of, or be otherwise subjected to discrimination in the use ofsaid facilities.B. With respect to licenses, leases, permits, etc., in the event of breach of any of the aboveNondiscrimination covenants, Lessor will have the right to terminate the Lease and to enter, re-enter,and repossess said lands and facilities thereon, and hold the same as if the Lease had never been made orissued.

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4.00 Title VI - Clauses for Construction/Use/Access to Real Property Acquired Under the Activity, Facility or Program

The following clauses will be included in deeds, licenses, permits, or similar instruments/agreements entered into by Lessor pursuant to the provisions of the Airport Improvement Program grant assurances.

A. The Bidder for himself/herself, his/her heirs, personal representatives, successors in interest, andassigns, as a part of the consideration hereof, does hereby covenant and agree (in the case of deeds andleases add, “as a covenant running with the land”) that (1) no person on the ground of race, color, ornational origin, will be excluded from participation in, denied the benefits of, or be otherwise subjectedto discrimination in the use of said facilities, (2) that in the construction of any improvements on, over,or under such land, and the furnishing of services thereon, no person on the ground of race, color, ornational origin, will be excluded from participation in, denied the benefits of, or otherwise be subjectedto discrimination, (3) that the (grantee, licensee, lessee, permittee, etc.) will use the premises incompliance with all other requirements imposed by or pursuant to the List of discrimination Acts AndAuthorities.

B. With respect to (licenses, leases, permits, etc.), in the event of breach of any of the abovenondiscrimination covenants, Lessor will have the right to terminate the (license, permit, etc., asappropriate) and to enter or re-enter and repossess said land and the facilities thereon, and hold the sameas if said (license, permit, etc., as appropriate) had never been made or issued.

5.00 Title VI - 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:

• Title VI of the Civil Rights Act of 1964 (42 U.S.C. § 2000d et seq., 78 stat. 252), (prohibitsdiscrimination on the basis of race, color, national origin);

• 49 CFR part 21 (Non-discrimination In Federally-Assisted Programs of The Department ofTransportation—Effectuation of Title VI of The Civil Rights Act of 1964);

• The Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970, (42U.S.C. § 4601), (prohibits unfair treatment of persons displaced or whose property has beenacquired because of Federal or Federal-aid programs and projects);

• Section 504 of the Rehabilitation Act of 1973, (29 U.S.C. § 794 et seq.), as amended, (prohibitsdiscrimination on the basis of disability); and 49 CFR part 27;

• The Age Discrimination Act of 1975, as amended, (42 U.S.C. § 6101 et seq.), (prohibitsdiscrimination 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 andapplicability of Title VI of the Civil Rights Act of 1964, The Age Discrimination Act of 1975and Section 504 of the Rehabilitation Act of 1973, by expanding the definition of the terms

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“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 U.S.C. §§ 12131 – 12189) as implemented by Department of Transportation regulations at 49 CFR parts 37 and 38;

• The Federal Aviation Administration’s Non-discrimination statute (49 U.S.C. § 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 non-discrimination 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 U.S.C. 1681 et seq).

6.00 Fair Labor Standards Act

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 Bidder has full responsibility to monitor compliance to the referenced statute or regulation. The proposer must address any claims or disputes that arise from this requirement directly with the U.S. Department of Labor – Wage and Hour Division. 7.00 Occupational Safety and Health Act of 1970 All contracts and subcontracts shall incorporate by reference the requirements of 29 CFR Part 1910 with the same force and effect as if given in full text. Bidder must provide a work environment that is free from recognized hazards that may cause death or serious physical harm to the employee. Bidder 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). Bidder 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.

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IN WITNESS WHEREOF, the Airport, the Contractor, and the Surety, through their duly authorized representatives, execute this Contract.

CITY OF NEW ORLEANS

BY: MITCHELL J. LANDRIEU, MAYOR

Executed on this of , 201

FORM AND LEGALITY APPROVED: Law Department

By:

Printed Name:

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NEW ORLEANS AVIATION BOARD By:_________________________________________ Cheryl Teamer, Chairwoman Date New Orleans Aviation Board By: Iftikhar Ahmad, Director of Aviation Date New Orleans Aviation Board

Reviewed as to form and legality:

By: Michele Allen-Hart Date General Counsel and Deputy Director of Legal Affairs New Orleans Aviation Board

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COMPANY NAME

Contractor Name: By: Name: Title: Tax ID No.: Date: Surety Name: By: AGENT AND ATTORNEY-IN-FACT

INVITATION TO BID CITY OF NEW ORLEANS

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. ASSIGNABILITY.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. OMITTED.12. OMITTED.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 CITY’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. PERFORMANCE MEASURES.30. PROHIBITION AGAINST FINANCIAL INTEREST IN AGREEMENT.31. PROHIBITION ON POLITICAL ACTIVITY.32. REMEDIES CUMULATIVE.33. SEVERABILITY.34. SUBCONTRACTOR REPORTING.35. SURVIVAL.36. SUSPENSION.37. TERMINATION FOR CAUSE.38. TERMINATION FOR CONVENIENCE.39. TERMINATION FOR NON-APPROPRIATION.40. TERMS BINDING.41. WAIVER OF SICK AND ANNUAL LEAVE BENEFITS.

ATTACHMENT “B”

1. ACKNOWLEDGMENT OF EXCLUSION OF WORKER’S COMPENSATION COVERAGE. The Contractorherein expressly agrees and acknowledges that it is an independent contractor as defined in R.S. 23:1021 (6) andas such, it is expressly agreed and understood between the parties hereto, in entering into this Contract, that theCity shall not be liable to the Contractor for any benefits or coverage as provided by the Workmen'sCompensation Law of the State of Louisiana, and further, under the provisions of R.S. 23:1034 anyone employedby the Contractor shall not be considered an employee of the City for the purpose of Worker’s Compensationcoverage.

2. ACKNOWLEDGMENT OF EXCLUSION OF UNEMPLOYMENT COMPENSATION COVERAGE. The Contractorherein expressly declares and acknowledges that it is an independent contractor, and as such is being hired bythe City under this Contract for hire as noted and defined in R.S. 23:1472 (E), and therefore, it is expresslydeclared and understood between the parties hereto, in entering into this Contract, or agreement for hire, and inconnection with unemployment compensation only, that:

a. The Contractor has been and will be free from any control or direction by the City over theperformance of the services covered by this contract; and Services to be performed by theContractor are outside the normal course and scope of the City’s usual business; and TheContractor has been independently engaged in performing the services listed herein prior to thedate of this Contract. Consequently, neither the Contractor nor anyone employed by theContractor shall be considered an employee of the City for the purpose of unemploymentcompensation coverage, the same being hereby expressly waived and excluded by the partieshereto.

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

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

5. AUDIT AND INSPECTION:

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

b. The Contractor will abide by all provisions of City Code § 2-1120, including but not limited to CityCode § 2-1120(12), which requires the Contractor to provide the Office of Inspector General withdocuments and information as requested. Failure to comply with such requests shall constitute amaterial breach of the Contract. The Contractor agrees that it is subject to the jurisdiction of theOrleans 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 ofLouisiana, 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 theinterests of the City, and in recognition of the Contractor’s responsibility to the City, the Contractor agrees todecline any offer of employment if its independent work on behalf of the City is likely to be adversely affected bythe acceptance of such employment. The initial determination of such a possibility rests with the Contractor. It isincumbent upon the Contractor to notify the City and provide full disclosure of the possible effects of suchemployment on the Contractor's independent work in behalf of the City. Final decision on any disputed offers ofother employment for the Contractor shall rest with the City.

8. CONSTRUCTION OF AGREEMENT. Neither party will be deemed to have drafted the Contract. The Contracthas been reviewed by all parties and will be construed and interpreted according to the ordinary meaning of thewords used so as to fairly accomplish the purposes and intentions of all parties. No term of the Contract will beconstrued or resolved in favor of or against the City 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. Declaration. During the declaration of an emergency by federal, state, and/or local government, the Contractor shall provide support to the City 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.

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

b. Purchase Order. Once services are identified, the City will issue a purchase order to the Contractor. The City 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.

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

11. OMITTED.

12. OMITTED.

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 Agreement, 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 Agreement 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 City occasioned by the termination of this Agreement 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 City a sworn affidavit attesting to the above provisions if requested by the City. The City may terminate this Agreement for cause if the Contractor fails to provide such the requested affidavit or violates any provision of this paragraph.

14. ENTIRE AGREEMENT. This Agreement, 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 Agreement and are without effect to vary or alter any terms or conditions of this Agreement.

15. EQUAL EMPLOYMENT OPPORTUNITY. In all hiring or employment made possible by, or resulting from this agreement, there (1) will not be any discrimination against any employee or applicant for employment because of race, color, religion, gender, age, physical or mental disability, national origin, sexual orientation, creed, culture, or ancestry, and (2) where applicable, affirmative action will be taken to ensure that the Contractor’s employees are treated during employment without regard to their race, color, religion, gender, age, physical or mental disability, national origin, sexual orientation, creed, culture, or ancestry. This requirement shall apply to, but not be limited to the following: employment, upgrading, demotion or transfer, recruitment or recruitment advertising, layoff or termination, rates of pay or other forms of compensation and selection for training, including apprenticeship. All

solicitations or advertisements for employees shall state that all qualified applicants will receive consideration for employment without regard to race, color, religion, gender, age, physical or mental disability, national origin, sexual orientation, creed, culture, or ancestry.

16. EXCLUSIVE JURISDICTION AND VENUE. For all claims arising out of or related to this Contract, the Contractor hereby consents and yields to the jurisdiction of the Civil District Court for the Parish of Orleans, and expressly waives any (A) pleas of jurisdiction based upon Contractor’s residence and (B) right of removal to federal court based upon diversity of citizenship.

17. EXTENSION. This Contract may be extended at the option of the City, provided that funds are allocated by the Council of the City and the extension of the Contract facilitates the continuity of services provided herein. This Contract may be extended by the City for four (4) additional one-year terms.

18. INCORPORATION INTO SUBCONTRACTS. The Contractor will incorporate these Contract Terms and Conditions into all subcontracts, by reference or otherwise, and will require all subcontractors to comply with these provisions.

19. INDEMNIFICATION. To the fullest extent permitted by law, the Contractor will indemnify, defend, and hold harmless the City, its agents, employees, officials, insurers, self-insurance funds, and assigns (collectively, the "Indemnified Parties") from and against any and all claims, demands, suits, and judgments of sums of money accruing against the Indemnified Parties: for loss of life or injury or damage to persons or property arising from or relating to any act or omission or the operation of the Contractor, its agents or employees while engaged in or in connection with the discharge or performance of any services under this Contract; and for any and all claims and/or liens for labor, services, or materials furnished to the Contractor in connection with the performance of work under this Contract.

a. Limitation. The Contractor's indemnity does not extend to any loss arising from the gross negligence or willful misconduct of any of the Indemnified Parties, provided that neither the Contractor nor any of its agents or employees contributed to such gross negligence or willful misconduct.

b. Independent Duty. The Contractor has an immediate and independent obligation to, at the City's option: (a) defend the City from or (b) reimburse the City for its costs incurred in the defense of any claim that actually or potentially falls within this indemnity, even if: (1) the allegations are or may be groundless, false, or fraudulent; or (2) the Contractor is ultimately absolved from liability.

c. Expenses. Notwithstanding any provision to the contrary, the Contractor shall bear the expenses including, but not limited to, the City's reasonable attorney fees and expenses, incurred by the City in enforcing this indemnity.

20. INDEPENDENT CONTRACTOR STATUS. The Contractor is an independent contractor and shall not be deemed an employee, servant, agent, partner, or joint venture of the City and will not hold itself or any of its employees, subcontractors or agents to be an employee, partner, or agent of the City.

21. LIMITATIONS OF THE CITY’S OBLIGATIONS. The City has no obligations not explicitly set forth in this Agreement or any incorporated documents or expressly imposed by law.

22. LIVING WAGES. To the fullest extent permitted by law, the Contractor agrees to abide by City Code sections 70-801, et seq., which requires payment of a wage to covered employees equal to the amounts defined in the Code (“Living Wage”). If the Contractor fails to comply with the requirements of the Living Wage during the term of the Agreement, said failure may result in termination of the Agreement or the pursuit of other remedies by the City.

23. NO THIRD PARTY BENEFICIARIES. The Contract is entered into for the exclusive benefit of the City and the Contractor, and the City and the Contractor expressly disclaim any intent to benefit anyone not a party to this Contract.

24. NON-DISCRIMINATION. In the performance of this Contract, the Contractor will not discriminate on the basis, whether in fact or perception, of a person's race, color, creed, religion, national origin, ancestry, age, sex (gender), sexual orientation, gender identity, domestic partner status, marital status, physical or mental disability, or AIDS- or HIV-status against (1) any employee of the City working with the Contractor in any of Contractor’s operations within Orleans Parish or (2) any person seeking accommodations, advantages, facilities, privileges, services, or membership in all business, social, or other establishments or organizations operated by the

Contractor. The Contractor agrees to comply with and abide by all applicable federal, state and local laws relating to non-discrimination, including, without limitation, Title VI of the Civil Rights Act of 1964, Section V of the Rehabilitation Act of 1973, and the Americans with Disabilities Act of 1990.

25. NON-EXCLUSIVITY. This Contract is non-exclusive and the Contractor may provide services to other clients,subject to the City’s approval of any potential conflicts with the performance of this Contract and the City mayengage the services of others for the provision of some or all of the work to be performed under this Contract.

26. NON-SOLICITATION. The Contractor has not employed or retained any company or person, other than a bonafide employee working solely for him, to solicit or secure the subject Contract. The Contractor has not paid oragreed to pay any person, other than a bona fide employee working for him, any fee, commission, percentage,gift, or any other consideration contingent upon or resulting from the subject Contract.

27. NON-WAIVER. The failure of the City to insist upon strict compliance with any provision of the Contract, toenforce any right or to seek any remedy upon discovery of any default or breach of the Contractor at such time asthe initial discovery of the existence of such noncompliance, right, default or breach shall not affect or constitute awaiver of the City’s right to insist upon such compliance, exercise such right or seek such remedy with respect tothat default or breach or any prior contemporaneous or subsequent default or breach.

28. OWNERSHIP INTEREST DISCLOSURE. The Contractor will provide a sworn affidavit listing all natural orartificial persons with an ownership interest in the Contractor and stating that no other person holds an ownershipinterest in the Contractor via a counter letter. For the purposes of this provision, an “ownership interest” shall notbe deemed to include ownership of stock in a publicly traded corporation or ownership of an interest in a mutualfund or trust that holds an interest in a publicly traded corporation. If the Contractor fails to submit the requiredaffidavits, the City may, after thirty (30) days’ written notice to the Contractor, take such action as may benecessary to cause the suspension of any further payments until such the required affidavits are submitted.

29. PERFORMANCE MEASURES

a. Factors. The City will measure the performance of the Contractor according to the following non-exhaustive factors: work performed in compliance with the terms of the Agreement; staff availability; stafftraining; staff professionalism; staff experience; customer service; staff turnover; communication andaccessibility; prompt and effective correction of situations and conditions; timeliness and completeness ofsubmission of requested documentation (such as records, receipts, invoices, insurance certificates, andcomputer-generated reports).

b. Failure to Perform. If the Contractor fails to perform according to the Agreement, the City will notify theContractor. If there is a continued lack of performance after notification, the City may declare theContractor in default and may pursue any appropriate remedies available under the Agreement and/orany applicable law. In the event of a notification of default, the City will invoice the defaulting contractorfor any increase in costs and other damages sustained by the City. Further, the City will seek fullrecovery from the defaulting contractor.

30. PROHIBITION AGAINST FINANCIAL INTEREST IN AGREEMENT. No elected official or employee of the Cityshall have a financial interest, direct or indirect, in the Contract, including through any financial interest held by thespouse, child, or parent. Any willful violation of this provision, with the expressed or implied knowledge of theContractor, will render this Contract voidable by the City and shall entitle the City to recover, in addition to anyother rights and remedies available to the City, all monies paid by the City to the Contractor pursuant to thisContract without regard to the Contractor’s satisfactory performance.

31. PROHIBITION ON POLITICAL ACTIVITY. None of the funds, materials, property, or services provided directlyor indirectly under the terms of this Contract shall be used in the performance of this Contract for any partisanpolitical activity, or to further the election or defeat of any candidate for public office.

32. REMEDIES CUMULATIVE. No remedy set forth in the Contract or otherwise conferred upon or reserved to anyparty shall be considered exclusive of any other remedy available to a party. Rather, each remedy shall bedeemed distinct, separate and cumulative and each may be exercised from time to time as often as the occasionmay arise or as may be deemed expedient.

33. SEVERABILITY. If a court of competent jurisdiction finds any provision of the Contract to be unenforceable aswritten, the unenforceable provision should be reformed, if possible, so that it is enforceable to the maximumextent permitted by law, or, if reformation is not possible, the unenforceable provision will be fully severable and

the remaining provisions of the Contract will remain in full force and effect and will be construed and enforced as if the unenforceable provision was never a part the Contract.

34. SUBCONTRACTOR REPORTING. The Contractor will provide a list of all natural or artificial persons who areretained by the Contractor at the time of the Contract’s execution and who are expected to perform work assubcontractors in connection with the Contractor’s work for the City. For any subcontractor proposed to beretained by the Contractor to perform work on the Contract with the City, the Contractor must provide notice to theCity within thirty (30) days of retaining that subcontractor. If the Contractor fails to submit the required lists andnotices, the City may, after thirty (30) days’ written notice to the Contractor, take any action it deems necessary,including, without limitation, causing the suspension of any payments, until the required lists and notices aresubmitted.

35. SURVIVAL. All representations and warranties and all obligations concerning record retention, inspections,audits, ownership, indemnification, payment, remedies, jurisdiction, venue, choice of law, and warranties shallsurvive the expiration, suspension, or termination of the Contract and continue in full force and effect.

36. SUSPENSION. The City may suspend this Contract at any time and for any reason by giving two (2) businessday’s written notice to the Contractor. The Contractor will resume work upon five (5) business day’s written noticefrom the City.

37. TERMINATION FOR CAUSE. The City may terminate this Agreement immediately for cause by sending writtennotice to the Contractor. “Cause” includes without limitation any failure to perform any obligation or abide by anycondition of this Agreement or the failure of any representation or warranty in this Agreement, including withoutlimitation any failure to comply with the requirements of the City’s Disadvantaged Business Enterprise programand any failure to comply with any provision of City Code § 2-1120 or requests of the Office of Inspector General.If a termination for cause is subsequently challenged in a court of law and the challenging party prevails, thetermination will be deemed to be a termination for convenience effective thirty (30) days from the date of theoriginal written notice of termination for cause was sent to the challenging party; no further notice will be required.

38. TERMINATION FOR CONVENIENCE. The City may terminate this Contract at any time during the term of theContract by giving the Contractor written notice of the City’s intention to terminate at least thirty (30) days beforethe date of termination.

39. TERMINATION FOR NON-APPROPRIATION. This Contract will terminate immediately in the event of non-appropriation of funds sufficient to maintain this Contract without the requirement of notice and the City will not beliable for any amounts beyond the funds appropriated and encumbered for this Contract.

40. TERMS BINDING. The terms and conditions of the Contract are binding on any heirs, successors, transferees,and assigns.

41. WAIVER OF SICK AND ANNUAL LEAVE BENEFITS. It is expressly agreed and understood between theparties entering into this Contract that the Contractor, acting as an independent agent, shall not receive any sickand annual leave benefits from the City of New Orleans.

[END OF ATTACHMENT “B”]

REQUEST FOR REMOVAL and/or

SUBSTITUTION OF SUBCONTRACTOR

(Not required to be submitted with Bid)

(FOR USE ANY TIME AFTER CONTRACT AWARD)

Project Title:

General Contractor

Subcontractor to be substituted:

Is subcontractor a NOAB certified SLDBE? Yes No

Proposed subcontractor:

Is proposed subcontractor a NOAB certified SLDBE? Yes No

Scope of Work:

Amount of subcontract:

Is substitution schedule/time sensitive? Yes No

If yes, give date:

Reason for substitution (State in detail, use additional sheets if necessary, and attach supporting data):

Title: Printed name:

Signature: Date:

OFFICE OF INSPECTOR GENERAL

Office of Inspector General (“OIG”). The New Orleans Office of the Inspector General (OIG) reviews all solicitations and proposals issued by the Airport. The OIG will be actively monitoring all aspects of the design, construction, and operation of the Airport Services. The Office of Inspector General, Construction Fraud Division (OIG‐CFD) provides full time program oversight to prevent and detect fraud, waste and abuse, and to promote efficiency and effectiveness leading to the realization of the New Orleans Aviation Board (NOAB) Long Term Strategic Infrastructure Plan or North Airport Terminal. These services include the development and implementation of a full fraud detection and prevention program related to NOAB implementation of the Strategic Plan. The OIG maintains permanent offices on site for 3 professional CFD representatives housed at the New Orleans Airport. These officers include:

● Assistant Inspector General – Construction Fraud Division ● Deputy Assistant Inspector General – Construction Fraud Division ● Program Officer – Construction Fraud Division

Proposers may contact the Office of Inspector General at any time before, during, or after the solicitation process.

Any questions or concerns regarding the function of the Construction Fraud Division should be brought to the attention of the Office of Inspector General.

For more information regarding the Construction Fraud Division please visit the Office of Inspector General website: http://www.nolaoig.org.

http://www.nolaoig.org./

http://nolaoig.gov/main/inside.php?page=rsd-cfu

Louis Armstrong New Orleans International Airport Janitorial Services November 2017 Special Provisions

SPECIAL PROVISIONS

TABLE OF CONTENTS

1.0 STIPULATED DAMAGES ............................................................................................... 1

2.0 STATE AND LOCAL BUSINESS ENTERPRISE PARTICIPATION .......................................... 3

3.0 SCHEDULES, REPORTS, AND PAYMENT APPLICATIONS............................................... 13

4.0 SUSPENSION OF PAYMENT ....................................................................................... 16

5.0 CONTRACTOR PROVIDED INSURANCE COVERAGE REQUIREMENTS ............................ 17

6.0 NOAB RULES AND REGULATIONS .............................................................................. 19

7.0 CONTRACTOR STANDARD OPERATING PROCEDURES ................................................ 20

8.0 WORK SITE ACCESS ................................................................................................... 23

9.0 ADDITIONAL SAFETY REQUIREMENTS ....................................................................... 24

10.0 SEVERE STORM AND HURRICANE PREPAREDNESS PLAN ............................................ 25

11.0 ORDER OF PRECEDENCE ............................................................................................ 26

12.0 USE OF PREMISES/PERFORMANCES .......................................................................... 27

13.0 STORM WATER POLLUTION PREVENTION PLAN ........................................................ 28

14.0 ENVIRONMENTAL PROVISIONS ................................................................................. 29

15.0 COMPLIANCE WITH LAWS; DUTY TO NOTIFY OF WRONGDOING; COOPERATION WITH CITY INSPECTOR GENERAL ........................................................................................ 32

16.0 PUBLIC TRUST ........................................................................................................... 33

17.0 AUDIT AND OTHER OVERSIGHT ................................................................................. 34

ATTACHMENTS

A. DBE/SLDBE QUARTERLY REPORT B. SAMPLE PAY APPLICATION

LOUIS ARMSTRONG NEW ORLEANS INTERNATIONAL AIRPORT JANITORIAL SERVICES November 2017 Special Provisions

Page 1 of 34

SPECIAL PROVISIONS

1.0 STIPULATED DAMAGES

1.01 DAMAGES CAUSED BY DELAY AND MONETARY PENALTIES FOR FAILURE TO MEET MINIMUM PERFORMANCE STANDARDS.

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 in accordance with this Article 1.0, at the rates or in the amounts specified below.

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*

• Two (2) customer complaints within one (1) day where evidence is provided of missed scheduled cleanings, service voids, poor standards or sub-standard work is identified/determined.

Written Warning $50.00/day $100.00/day

• Three (3) customer complaints with in thirty one (31) consecutive days where evidence is provided of missed scheduled cleanings, service voids, poor standards or sub-standard work is identified/determined.


• Other non-monetary defaults that significantly disrupt operations or customer service.


• Failure to comply with directions of the NOAB, Director of Aviation, or his/her designee issued pursuant to a material obligation under terms of the Agreement.


• If any of the same services are found to be unsatisfactory during two (2) consecutive inspections within a month by the Director of Aviation or his/her designee


• If Contractor fails to log-in and log-out on provided sheet, or PDA if implemented, as described below in Article 2.02.10, for each restroom that is to be serviced

$100.00 / failed entry


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• From time to time, Contractor may be called on (a.k.a. call out) to respond to an emergency clean-up. Should Contractor fail to respond within the designated response times as indicated in the Summary of Work.

$200.00/half hour the

response time not met

• If Work/Delivery Orders have a definite schedule of time to achieve Substantial Completion and Contractor fails to meet the completion date.

$100.00/ occurrence.

• Trash or garbage bags stored or transported in sight of the public.


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

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

1.02 Contractor waives any requirement of law or of this Contract that Owner/NOAB put Contractor in default, formally or informally, as a precondition for assessment of said stipulated damages. NOAB/Owner 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.

1.03 DAMAGES OTHER THAN DELAY DAMAGES

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, NOAB/Owner shall be additionally entitled to claim and assess against Contractor any actual damages resulting to NOAB/Owner 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 NOAB/Owner as a result of delay and set forth above as stipulated damages.

If NOAB should terminate the Contractor's right to proceed, the resulting claims of NOAB/Owner 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.

1.04 COLLECTION OF ASSESSED DAMAGES

NOAB/Owner may obtain payment of any damages assessed by deducting the amount thereof from any payments otherwise due to Contractor under this Contract and/or any other contract with NOAB/Owner, and/or by any other means allowed by law.


Page 3 of 34

2.0 STATE AND LOCAL DISADVANTAGED BUSINESS ENTERPRISE REQUIREMENTS

2.01 SLDBE PROGRAM COMPLIANCE. The requirements of the City of New Orleans (“City”) State/Local Disadvantaged Business Enterprise (“SLDBE”) Program apply to this Agreement. It is the policy of the City to practice nondiscrimination based on social and economic disadvantage, race, color, gender, disability and national origin in the award and performance of contracts.

In consideration of this policy and pursuant to Division 2 of Article IV of Chapter 70 of the Code of the City, the City enacted the SLDBE Program for all City contracts.

Contractor agrees to use its best efforts to fully and completely carry out the applicable requirements of the City’s SLDBE Program in the award and administration of this Agreement, including without limitation, all reporting requirements and established SLDBE participation percentage. The Contractor’s failure to carry out these requirements, as determined in good faith by the Airport’s Disadvantaged Business Enterprise Liaison Officer (“DBELO”), shall be deemed a material breach of this Agreement. This material breach may result in the termination of this Agreement and/or the pursuit of any other remedies available to the City under any applicable law, ordinance, or rule, including, but not limited to those set forth in the City’s Policy Memorandum for the SLDBE Program.

2.02 SLDBE CONTRACT GOAL. The requested SLDBE Contract Goal is listed in the contract section of the invitation to bid.

NOTE: All non-public works contracts have a default goal of 35% DBE participation.

Participation shall be counted toward meeting the contract goal based on the following:

.1 Only business entities certified as SLDBE or LAUCP-DBE are counted toward the contract SLDBE participation goal.

.2 The Contractor may count only the total dollar value of the subcontract awarded to certified SLDBE or LAUCP-DBE subcontractor/supplier(s) toward the contract goal.

.3 The Contractor can count 100 % of the SLDBE or LAUCP-DBE’s participation provided that the SLDBE or LAUCP-DBE has committed to performing at least 51% of the work with its own forces.

.4 The Contractor may count 100 % of SLDBE or LAUCP-DBE Manufacturer Supplier’s participation and 60 % of SLDBE or LAUCP-DBE Non-Manufacturer supplier’s participation toward its contract goal.

.5 When the Contractor is in a joint venture with one or more SLDBE or LAUCP-DBE business entities, the DBELO, after reviewing the joint venture agreement, shall determine the percent of participation that will be counted toward the contract goal.


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.6 The Contractor may count toward its contract goal only those SLDBE or LAUCP-DBE subcontractors/suppliers performing a Commercially Usefully Function.

“SLDBE Commercially Useful Function means” a discrete task or group of tasks, the responsibility for performance of which shall be discharged by the SLDBE or LAUCP-DBE firm by using its own forces or by actively supervising on-site the execution of the tasks by another entity for whose work the SLDBE or LAUCP-DBE firm is responsible. In determining whether a certified firm is performing a commercially useful function, factors including, but not limited to, the following shall be considered:

(a) Whether the business entity has the skill and expertise to perform the work for which it is being utilized and possesses all necessary licenses;

(b) Whether the firm is in the business of performing, managing, and supervising the work for which it has been certified and is being utilized;

(c) Whether the SLDBE or LAUCP-DBE subcontractor is performing a real and actual service that is a distinct and verifiable element of the work called for in a contract.

(d) Whether the SLDBE or LAUCP-DBE subcontractor performed at least thirty percent (30%) of the cost of the subcontract (including the cost of materials, equipment or supplies incident to the performance of the subcontract) with their own forces.

(e) Whether the SLDBE or LAUCP-DBE subcontractor performed at least that portion of the subcontract that would be expected on the basis of normal industry practice for the type of work involved.

2.03 SLDBE DIRECTORY. Contractors may only utilize certified SLDBE and/or LAUCP-DBE firms from the following lists to meet the City’s SLDBE Program goals.

.1 Contractors agree to utilize the City’s SLDBE directory of certified firms as a first source when searching for certified SLDBE business entities. The SLDBE directory includes entities certified through Sewerage and Water Board of New Orleans, New Orleans Aviation Board and Harrah’s New Orleans. The SLDBE directory is available at www.nola.gov.

.2 The Louisiana Unified Certification Program (“LAUCP”) directory is available at www.dotd.louisiana.gov.

2.04 GOOD FAITH EFFORTS POLICY. In accordance with Sec.70-461 of the City Code, the City shall reject any bid and shall not award, enter into or amend any contract that is not supported by documentation establishing that the Contractor has met the applicable contract SLDBE participation Goal or made Good Faith Efforts to the applicable contract SLDBE participation goal.

http://www.dotd.louisiana.gov/


Page 5 of 34

Good Faith Efforts are steps taken to achieve a contract SLDBE participation goal or other requirements which, by their scope, intensity and usefulness demonstrate the Bidder’s or Proposer’s responsiveness to fulfilling the City’s SLDBE Program goals prior to the award of a contract, as well as the Contractor’s responsibility to put forth measures to meet or exceed the contract SLDBE participation goal throughout the duration of the contract.

The DBELO shall be responsible for determining whether a Contractor has made their best efforts to achieve the SLDBE Program contracting objectives. In making this determination, the DBELO shall consider the following efforts as relevant, although this listing is not exclusive or exhaustive and other factors and types of efforts may be relevant:

.1 Efforts made to select portions of the work to be performed by SLDBEs or LAUCP-DBEs in order to increase the likelihood of achieving the stated goal. It is the Bidder/Proposer’s responsibility to make a sufficient portion of the work available to sub-consultants, subcontractors, and suppliers and to select those portions of work or materials consistent with the availability of SLDBE or LAUCP-DBE sub-consultants, subcontractors and suppliers to assure meeting the goal for SLDBE participation. Selections of portions of work are required to at least equal the SLDBE goal in the contract.

.2 Written notifications at least fourteen (14) calendar days prior to bid opening which solicits a reasonable number of SLDBEs or LAUCP-DBEs interested in participation in the contract as a subcontractor, regular dealer, manufacturer or sub-consultant for specific items of work. The Bidder/Proposer shall provide notice to a reasonable number of SLDBEs or LACUP-DBEs that their interest in the contract is being solicited, with sufficient time to allow the SLDBE or LAUCP-DBE to participate effectively. The Bidder/Proposer shall seek SLDBEs or LAUCP-DBEs in the same geographic area from which it generally seeks subcontractors for a given project. If the Bidder/Proposer cannot meet the goal using SLDBEs or LAUCP-DBEs from the normal area, the Bidder/Proposer shall expand its search to a wider geographic area.

.3 Demonstrated efforts made to negotiate in good faith with interested SLDBEs or LAUCP-DBEs for specific items of work include:

(a) Attending pre-bid meetings that were scheduled to inform SLDBE or LAUCP-DBE firms of subcontracting opportunities and/or requested a copy of the DBE Directory.

(b) Soliciting certified SLDBE or LAUCP-DBE participation through all reasonable and available means of communication (e.g., letters, telephone calls, face-to-face meetings, place notices in hardcopy and online publications, network with community organizations).

(c) Providing potential SLDBE or LAUCP-DBE firms and vendors with adequate and timely information as to the plans and specifications of a project, as well as information necessary to provide a bid or quote.


Page 6 of 34

(d) Documenting that certified SLDBEs or LAUCP-DBEs for each potential vendor, subcontracting or supply category in the contract has been contacted. Documentation must include:

i. The names, addresses, and telephone numbers of SLDBEs or LAUCP-DBEs that were contacted, and the date(s) of contact.

ii. A description of the information provided to SLDBEs or or LAUCP-DBEs regarding the plans and specifications for portions of the work to be performed.

iii. A statement explaining why additional agreements with SLDBEs or LAUCP-DBEs were not reached.

(e) Selecting portions of the project to be performed by a certified SLDBE(s) or LAUCP-DBE(s) in order to increase the likelihood that the SLDBE goal will be achieved. Divide the contract into economically feasible segments.

(f) For each SLDBE or LAUCP-DBE that is contacted but rejected, providing the firm with reasons for the rejection and providing the DBELO with a copy of the documentation.

(g) Any additional information not included above which would aid the DBELO in evaluation of the contractor’s Good Faith Efforts.

.4 The following are examples of actions that will not be accepted as justification by the contractor for failure to meet SLDBE contract goals:

(a) Failure to contract with a SLDBE or LAUCP-DBE solely because the SLDBE or LAUCP-DBE was unable to provide performance and/or payment bonds.

(b) Rejection of a SLDBE or LAUCP-DBE bid or quotation based on price alone.

(c) Failure to contract with a SLDBE or LAUCP-DBE because the SLDBE or LAUCP-DBE will not agree to perform items of work at the unit price bid.

(d) Failure to contract with a SLDBE or LAUCP-DBE because the contractor normally would perform all or most of the work in the contract.

(e) Rejection of a SLDBE or LAUCP-DBE as unqualified without sound reasons based on a thorough investigation of their capabilities.

(f) Failure to make more than mail solicitations.

Good Faith Efforts shall be monitored throughout the life of the contract and evaluated on a case-by-case basis in making a determination whether a Bidder or Proposer is in compliance with the Good Faith Effort policy.


Page 7 of 34

2.05 GOOD FAITH EFFORTS. Good Faith Efforts are required by the Contractor when the SLDBE goals established for a contract are not met, or at any time during the contract when achievement of the SLDBE goal is in jeopardy. It is Contractor’s responsibility to provide sufficient evidence for the Board to ascertain the efforts made. Contractor shall demonstrate Good Faith Efforts to maximize participation by SLDBEs or DBEs prior to award and during the life of the contract. Good Faith Efforts include personal contacts, follow-ups and earnest negotiations with SLDBEs and DBEs. The Board will consider, at a minimum, the following efforts as relevant, although this listing is not exclusive or exhaustive and other factors and types of efforts may be relevant:

.1 Efforts made to select portions of the work to be performed by SLDBEs or DBEs in order to increase the likelihood of achieving the stated goal. It is the Contractor’s responsibility to make a sufficient portion of the work available to sub-consultants, subcontractors, and suppliers and to select those portions of work or materials consistent with the availability of SLDBE or DBE sub-consultants, subcontractors and suppliers to assure meeting the goal for SLDBE participation. Selections of portions of work are required to at least equal the SLDBE goal in the contract.

.2 Written notifications at least fourteen (14) calendar days prior to bid opening which solicits a reasonable number of SLDBEs or DBEs interested in participation in the contract as a subcontractor, regular dealer, manufacturer or sub-consultant for specific items of work. Contractor shall provide notice to a reasonable number of SLDBEs or DBEs that their interest in the contract is being solicited, with sufficient time to allow the SLDBE or DBE to participate effectively. Contractor shall seek SLDBEs or DBEs in the same geographic area from which it generally seeks subcontractors for a given project. It the contractor cannot meet the goal using SLDBEs or DBEs from the normal area, Contractor shall expand its search to a wider geographic area.

.3 Demonstrated efforts made to negotiate in good faith with interested SLDBEs or DBEs for specific items of work include:

(a) Attending pre-bid meetings that were scheduled to inform SLDBE or DBE firms of subcontracting opportunities and/or requested a copy of the DBE Directory.

(b) Soliciting certified SLDBE participation through all reasonable and available means of communication (e.g., letters, telephone calls, face-to-face meetings, place notices in hardcopy and online publications, network with community organizations).

(c) Providing potential SLDBE or DBE firms and vendors with adequate and timely information as to the plans and specifications of a project, as well as information necessary to provide a bid or quote.

(d) Documenting that certified SLDBEs or DBEs for each potential vendor, subcontracting or supply category in the contract has been contacted. Documentation must include:


Page 8 of 34

i. The names, addresses, and telephone numbers of SLDBEs or DBEs that were contacted, and the date(s) of contact.

ii. A description of the information provided to SLDBEs or DBEs regarding the plans and specifications for portions of the work to be performed.

iii. A statement explaining why additional agreements with SLDBEs or DBEs were not reached.

(e) Selecting portions of the project to be performed by a certified SLDBE(s) or DBE(s) in order to increase the likelihood that the SLDBE goal will be achieved. Divide the contract into economically feasible segments.

(f) For each SLDBE or DBE that is contacted but rejected, providing the firm with reasons for the rejection and providing the DBELO with a copy of the documentation.

(g) Any additional information not included above which would aid the DBELO in evaluation of the contractor’s Good Faith Efforts.

.4 The following are examples of actions that will not be accepted as justification by the contractor for failure to meet SLDBE contract goals:

(a) Failure to contract with a SLDBE or DBE solely because the SLDBE or DBE was unable to provide performance and/or payment bonds

(b) Rejection of a SLDBE or DBE bid or quotation based on price alone.

(c) Failure to contract with a SLDBE or DBE because the SLDBE or DBE will not agree to perform items of work at the unit price bid.

(d) Failure to contract with a SLDBE or DBE because the contractor normally would perform all or most of the work in the contract.

(e) Rejection of a SLDBE or DBE as unqualified without sound reasons based on a thorough investigation of their capabilities.

(f) Failure to make more than mail solicitations.

2.06 REQUIRED SLDBE FORMS FOR BIDS. In accordance with Louisiana Public Bid Law, the two apparent lowest bidders on an invitation to bid shall complete and submit all required post bid documents within three (3) business days of the bid opening. If the required post bid documents are not received within three (3) business days of the bid opening it shall be determined that bidder was non-responsive.

The following SLDBE documents must be received within three (3) business days of the bid opening:

.1 SLDBE Compliance Form-1: This form is used to establish the Bidder’s SLDBE commitment on a City of New Orleans bid, RFP or solicitation response. The Bidder shall provide a list of all proposed SLDBE subcontractor(s).


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If the Bidder has attained the amount of SLDBE participation to meet the contract goal, only submit SLDBE Compliance Form-1.

.2 SLDBE Compliance Form-2: This form is used to document Good Faith Efforts when the amount of SLDBE participation committed on SLDBE Compliance Form-1 is less than the Contract Goal. The Bidder shall provide all required supporting documentation of demonstrated Good Faith Efforts as specified on SLDBE Compliance Form-2.

After receipt and review of the required post-bid documents, the DBELO will determine if the Bidder has provided valid SLDBE Compliance Forms and (if applicable) evidence of demonstrated Good Faith Efforts.

Thereafter, the Bidder/Contractor shall be bound by the established percentage, as approved by the DBELO.

2.07 CONTRACTOR COOPERATION. Contractor shall:

.1 Designate an individual as the “SLDBE Liaison” who will monitor the Contractor’s SLDBE participation as well as document and maintain records of “Good Faith Efforts” with SLDBE or LAUCP-DBE subcontractors/suppliers.

.2 Execute written contracts with SLDBE or LAUCP-DBE Entities that meet the applicable SLDBE goals.

.3 Provide the DBELO with copies of said contracts within thirty (30) days from the date the Agreement is fully executed between the City and the Contractor.

.4 Agree to promptly pay subcontractors, including SLDBE and LAUCP-DBE entities, in accordance with law.

.5 Establish and maintain the following records for review upon request by the DBELO:

(a) Copies of written contracts with SLDBEs and LAUCP-DBEs and purchase orders;

(b) Documentation of payments and other transactions with SLDBEs and LAUCP-DBEs;

(c) Appropriate explanations of any changes or replacements of SLDBEs and/or LAUCP-DBEs, which may include a record of “Post-Award Good Faith Efforts” for each certified firm that the Contractor does not use in accordance with the approved SLDBE participation submission;

(d) Any other records required by the DBELO.

Contractor is required to maintain such records for three (3) years after completion or closeout of the Agreement. Such records are necessary to determine compliance with their SLDBE obligations.

.6 Post monthly payments and submit regular reports to the DBELO as required via the online “Contract Compliance Monitoring System” or other means approved by the DBELO.


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(a) The Contractor shall submit the initial report outlining SLDBE participation within thirty (30) days from the date of notice to proceed (or equivalent document) issued by the City to the Contractor. Thereafter, “SLDBE Utilization” reports shall be due on or before the fifteenth (15th) day of each month until all SLDBE subcontracting work is completed.

(b) Reports are required even when no activity has occurred in a monthly period.

(c) If the established percentage is not being met, the monthly report shall include a narrative description of the progress being made in SLDBE participation.

(d) The Contractor may also be required to attach or upload copies of canceled checks or bank statements that identify payer, payee and amount of transfer to verify payment information as indicated on the form.

.7 Conform to the established percentage as approved by the DBELO.

(a) The total dollar amount of the Agreement shall include approved change orders and amendments. For a requirements contract, the total dollar amount shall be based in actual quantities ordered.

(b) No changes to the established percentage and SLDBEs and/or LAUCP-DBEs submitted on SLDBE Compliance Form-1 shall be allowed without approval by the DBELO.

(c) The City will not adjust the contract for any increase in cost due to replacement of SLDBEs and/or LAUCP-DBEs.

2.08 POST AWARD MODIFICATION. Generally, the DBELO will only count toward fulfillment of Contractor’s SLDBE goal work performed by SLDBEs or LAUCP-DBEs listed on SLDBE Compliance Form-1 who meet the requirements listed under SLDBE Goals.

However, the DBELO may grant a post-award modification request if, for a reason beyond Contractor’s control, Contractor is unable to use one of the certified SLDBEs or LAUCP-DBEs on SLDBE Compliance Form-1 to perform the specified work. Contractor is required to notify the DBELO immediately of the SLDBE’s or LAUCP-DBE’s inability or unwillingness to perform and to provide reasonable documentation. To the extent needed to meet the SLDBE goal, Contractor is required to use and document Good Faith Efforts to find a similarly qualified and certified SLDBE or LAUCP-DBE entity to perform the work of the SLDBE or LAUCP-DBE firm to be terminated or removed. Contractor acknowledges that before an SLDBE or LAUCP-DBE participant can be removed or substituted, the Contractor must submit a written request to the DBELO along with the reason for the request and the name(s) of the replacement SLDBE or LAUCP-DBE firm(s) including documentation of Good Faith Efforts if warranted. The DBELO will decide whether or not to grant the removal and


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substitution and issue a written decision within ten (10) days of receipt of the request. If the request is granted, Contractor must provide copies of new or amended subcontracts.

The DBELO may also grant a post-award modification request if Contractor reasonably believes that, due to a change of scope, execution of the work in accordance with directions from the Airport is unlikely to meet the established percentage of terms. In such case, Contractor shall notify the DBELO in writing immediately of the issue and potential modifications needed to the SLDBE goal, and use and document Good Faith Efforts to achieve a reasonable amount of SLDBE participation on the remaining work on the Agreement. The DBELO will decide whether to grant the modification and issue a written decision within ten (10) days of receipt of the request. If the request is granted, Contractor must provide copies of new or amended subcontracts.

If Contractor fails or refuses to comply with these requirements for post-award modifications, including replacing or substituting an SLDBE or LAUCP-DBE, Contractor shall be deemed in breach of the Agreement.

2.09 MONITORING SLDBE PARTICIPATION. To ensure compliance with SLDBE requirements during the term of the Agreement, the DBELO will monitor the Contractor’ use of SLDBE and/or LAUCP-DBE subcontractors/suppliers through the following actions:

.1 Job site visits;

.2 Electronic payment tracking via the Contract Compliance Monitoring System or other means as approved by the DBELO;

.3 Routine audits of contract payments to all subcontractors;

.4 Reviewing of records and reports; and/or

.5 Interviews of selected personnel.

The DBELO may schedule inspections and on-site visits with or without prior notice to the Contractor or SLDBE and/or LAUCP-DBE entities. Contractor agrees to cooperate with the DBELO and acknowledges that failure to supply requested documentation shall be deemed a breach of the contract.

2.10 PROMPT PAYMENT. Contractor shall ensure that each sub-consultant, subcontractor, and supplier under this contract, especially SLDBE and LAUCP-DBE firms, are paid no later than seven (7) business days from the receipt of each payment Contractor receives from the Board. Any delay or postponement of payment from the above-referenced time frame may occur only for good cause, following written approval of the Board.

2.11 DBE FRAUD. Contractor acknowledges that DBE Fraud occurs when the Contractor or any sub-Contractor, subcontractor or supplier to this this Agreement misrepresents who performed the work in order to increase job profit while appearing to be in compliance with goals for SLDBE participation.


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The Airport shall inform the City’s Office of the Inspector General of any false, fraudulent, or dishonest conduct in connection with the SLDBE program so that the Office of Inspector General may investigate and take any necessary legal action.

2.12 FAILURE TO COMPLY. If the DBELO determines in good faith that the Contractor failed to carry out the requirements of the SLDBE Program, such failure shall be deemed a material breach of this Agreement. This material breach may result in the termination of the Agreement and/or the pursuit of any other remedies available to the Airport under any applicable law, ordinance, or rule, including, but not limited to those set forth in the City’s Policy Memorandum for the SLDBE Program.

All SLDBE Compliance forms are maintained by the DBELO and are subject to change.

Please contact the DBELO at [email protected] to request a copy of all SLDBE referenced documents.


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3.0 SCHEDULES, REPORTS, AND PAYMENT APPLICATIONS

3.01 SCHEDULING FOR ROUTINE AND PERIODIC JANITORIAL SERVICES

Prior to the Notice to Proceed, the Contractor shall provide a proposed computer-generated Work Plan consistent with the requirements of the Work Plan identified in Instructions to Bidders Article 3.20.1(a) and shall include a schedule of all routine and periodic Janitorial Services activities for the Director of Aviation or his/her designee’s approval. For each item or system to be serviced, without limitation, identify: system type and location, service frequency, and planned service activity. Schedule must be submitted in MS Project or in a form acceptable to the Director of Aviation or his/her designee. For the duration of the Contract period, Contractor shall update the schedule monthly (submitted with pay request) providing, at a minimum, a three (3) month look-ahead of scheduled activities.

3.02 REPORTS

.1 All reports required from the Contractor to the NOAB or Director of Aviation or his/her designee must be computer generated. The Director of Aviation or his/her designee can require all reports to be delivered by e-mail.

.2 Monthly Janitorial Service Summary. Contractor shall provide a monthly narrative summary based on the Work performed and quantity of supplies used during the previous month. Summary shall be in narrative form, on letterhead, signed by the Job Manager and attached to Record of Labor Logs (see below). Contractor shall explain any conditions which inhibited or limited scheduled work or extra work as requested by Director of Aviation or his/her designee from being performed or performed below the standard detailed in Summary of Work. Any supporting documentation should also be attached.

.3 Record of Labor Log. Contractor shall submit a monthly log of all employees and total hours worked for each shift, in a form acceptable to the Director of Aviation or his/her designee. The Record of Labor Log shall include without limitation:

(a) Name of employee;

(b) Total hours worked;

(c) Shift worked.

.4 Maintenance Summary. The Contractor shall submit a summary listing time, date and description of all maintenance requests reported.

.5 Work Orders and Call-Outs. The Contractor shall submit each month (or more or less frequently as requested by the Director of Aviation or his/her designee) a summary listing all current Work Orders and Call-Outs and what action has been taken on the Work Orders and/or Call-Outs. Work Orders will be issued by Airport personnel using the Airport’s Work Order System.


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.6 In order to maintain the orderly progress of the janitorial services at the Airport, the Director of Aviation or his/her designee shall have the right and sole discretion to determine the priority between the Work performed by Contractor and the Work of any separate contractors or NOAB's operations; this decision shall be final and binding upon Contractor and shall not be a cause for extra compensation and/or any extension of time. This right shall not be exercised by the Director of Aviation or his/her designee unless:

(a) The determination is necessary, in the opinion of the Director of Aviation or his/her designee, because of other conditions currently or planned at the airport; and

(b) Contractor and any separate contractors cannot otherwise agree upon such priority of scheduling for their Work. Nothing herein shall be construed as relieving the Contractor of any and all obligations to cooperate and coordinate with any separate contractors at the Airport.

.7 It is understood and agreed that should the Director of Aviation or his/her designee provide Contractor, at Contractor's request, with any services, advice and/or counsel relating to the scheduling and/or coordination of the Work, or any and all other matters, that:

(a) NOAB and the Director of Aviation or his/her designee shall not be liable to Contractor for any errors, omissions, negligence and/or deficiencies which may in any and all ways occur because of same;

(b) such services, advice and/or counsel are provided solely as aids in the development by Contractor of a representation of Contractor's actual Plan and Schedule of services in accordance with the requirements of the Contract Documents, and NOAB and the Director of Aviation or his/her designee shall not be liable to Contractor should Contractor rely on such services, advice and/or counsel to the detriment of said Contractor;

(c) such services, advice and/or counsel shall not relieve Contractor of any and all responsibilities under Special Provisions, Article 4 hereof for all construction means, methods, techniques, sequences and/or procedures and additionally for planning, scheduling and/or coordinating any and all portions of the Work; and

(d) any services provided by the Director of Aviation or his/her designee or the alleged lack of timeliness thereof shall not in any way take the place of or relieve the Contractor of full responsibility for compliance with any and all requirements of the Contract Documents, including but not limited to, the obligations to complete the Work within the Specific Dates stated elsewhere in Contract Documents.


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3.03 PAY APPLICATIONS

.1 Payment Applications shall be in compliance with the requirements of General Provision 31 (PROGRESS PAYMENTS).

.2 All reports required from the Contractor to the NOAB or Director of Aviation or his/her designee must be computer generated. The Director of Aviation or his/her designee can require all reports to be delivered by e-mail. Payment Applications shall include, without limitation, and in the order noted:

(a) Contractor Pay Request;

(b) Monthly Invoice;

(c) Monthly Janitorial Services Summary;

(d) Record of Labor Log;

(e) Supply Log; and

(f) Status Report of all Machinery/Equipment

.3 For each line item charge on the invoice, Contractor shall substantiate the charge with a copy of the related airport generated Work Order, Contractor generated Service Ticket and any manufacturers invoices to Contractor for unscheduled material items (as applicable).


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4.0 SUSPENSION OF PAYMENT

The NOAB may suspend payments to the Contractor for failure to comply with any provisions (including rules, regulations and reporting requirements pertaining thereto) of Section 70-416 through 418 of the Code of Ordinances for the City of New Orleans.


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5.0 CONTRACTOR PROVIDED INSURANCE COVERAGE REQUIREMENTS

5.01 COMMERCIAL GENERAL LIABILITY

Premises/Operations Coverage

.1 Products/Completed Operations, during policy period plus twenty-four (24) months after Work is completed.

.2 Limits of Insurance shall be bodily injury/property damage/personal injury combined $1,000,000 any one occurrence/offense and $2,000,000 in the aggregate with respect to products-completed, operations and personal injury.

5.02 The Contractor and each subcontractor shall comply with the requirements specified as follows; shall provide the coverage specified as follows; and in the amounts specified as follows; shall pay the premiums for all coverage specified as follows; and shall pay all deductibles associated with the coverage specified as follows:

.1 Commercial Automobile Liability - Owned, Non-Owned, and Hired Automobile

Limits of Liability Bodily Injury and Property Damage, per occurrence, for landside access: $1,000,000

.2 Worker’s Compensation

Statutory Louisiana benefits for Medical and Employers Liability. Policy to include Waiver of Subrogation against New Orleans Aviation Board and City of New Orleans (as set forth in Special Provisions, Article 5.5 below) and other job site contractors and subcontractors and alternate employer endorsement.

.3 Contractor’s Tools and Equipment

The Contractor is responsible for loss or damage to, and for maintaining at Contractor’s cost appropriate insurance coverage and amounts for, Contractor’s own tools and equipment, whether owned, leased, rented and/or borrowed.

5.03 All insurance coverage that the Contractor is required to provide shall be with a company or companies authorized to do business in the State of Louisiana and having at least an A.M. Best rating A-6 or better, except for Worker’s Compensation. Worker's Compensation coverage shall be written with a carrier in compliance with all applicable Louisiana laws and statutes and/or approved by the Louisiana Office of Worker's Compensation.

5.04 The insurance shall indemnify and protect the Contractor, NOAB, and the City of New Orleans and their respective officers, official members, employees, representatives, consultants and/or sub-consultants from any and all claims (including without limitation the claims set forth below) and in the amounts stipulated above in this Special Provisions, Article 5, which may arise out of or result from or relate to the Contractor's operations under the Contract, whether such operations be by the


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Contractor or by any subcontractor or by anyone directly or indirectly employed by any of them, or by anyone for whose acts any of them may be liable:

.1 claims under Worker's or Workmen's Compensation, disability benefit and other similar employee benefit acts;

.2 claims for damages because of bodily injury, occupational sickness or disease, or death of an employee;

.3 claims for damages because of bodily injury, sickness or disease, or death of any person other than an employee;

.4 claims for damages insured by usual personal injury liability coverage which are sustained (1) by any person as a result of an offense directly or indirectly related to the employment of such person by the Contractor, or (2) by any other person;

.5 claims for damages, other than to the Work itself, because of injury to or destruction of tangible property, including resulting loss of use resulting; and

.6 Claims for damages because of bodily injury or death of any person, or property damage arising out of the ownership, maintenance and/or use of any motor vehicle.

5.05 All policies for the insurance required in this Special Provisions, Article 5 except Workers Compensation shall name the City of New Orleans, NOAB and the City of New Orleans’ and NOAB’s respective Contractors, subcontractors, consultants, sub-consultants, employees, members, officials, officers, and/or representatives (collectively the “Owner Indemnities”), as additional insured’s. In addition, General Liability, Auto Liability and Workers Compensation policies shall also provide a waiver of subrogation, in favor of the City of New Orleans and NOAB. All Certificates of Insurance shall list the City of New Orleans and NOAB as the “Certificate Holder.” In addition, Certificates of Insurance must state that referenced “Additional Insured and Waiver of Subrogation” endorsements are included the Policies and listed on the Certificate for said coverage. This coverage shall be primary.

5.06 Certificates of Insurance acceptable to the Director of Aviation or his/her designee shall be provided to the Director of Aviation or his/her designee prior to commencement of the Work. These Certificates shall contain a provision that coverage afforded under the policies of insurance required in this Special Provisions, Article 5 shall not be canceled unless and until at least thirty (30) days prior written notice has been given to the Director of Aviation or his/her designee.


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6.0 NOAB RULES AND REGULATIONS

The Contractor shall comply with all provisions of the NOAB Rules and Regulations, as same shall be amended from time to time. Copies are available from the Director of Aviation or his/her designee, upon request.


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7.0 CONTRACTOR STANDARD OPERATING PROCEDURES

7.01 MEDICAL EMERGENCIES

.1 All Medical Emergencies, regardless of the nature and/or seriousness that occur on Louis Armstrong New Orleans International Airport property shall be immediately reported to the Airport Communications Center (AVCOM). Several methods of transmitting medical emergency messages are available:

(a) Commercial Telephone 464-2700

(b) Airport Courtesy Phone 2700

.2 In those situations where these facilities are not readily available, Contractors and/or visitors should contact any airport tenant (airline employee, security personnel, shop keeper) a police officer, FAA Tower, or airport operations, in person, or by whatever means are available i.e. mobile phone, radio, etc.

7.02 SECURITY AND BADGING REQUIREMENTS

.1 The Airport is operated in strict compliance with Transportation Security Administration (TSA) Regulation Part 1542 which prohibits unauthorized persons or vehicles in the Air Operations Area. Equipment, supplies and workmen shall be restricted to the Work area defined on the Facility Layout Sketches or as specifically requested by the Director of Aviation or his/her designee. Any violations by Contractor's personnel shall subject the Contractor to penalties imposed by TSA and the Airport Security Department, as well as banning the offending personnel from performing any services on under this Contract or on Airport property.

.2 Restricted areas are fenced and must remain fenced at all times. Any required temporary fences and/or gates shall be constructed by the Contractor. These gates shall remain closed and locked or a state certified NOAB approved guard shall be provided at the Contractor's expense. The Contractor shall furnish the guard with a roster of his personnel and insure that each individual has adequate identification. I.D. Cards, gate passes, and keys shall be issued to the Contractor in accordance with existing airport security program.

.3 The Contractor shall contact the Chief of Security, by telephone at (504) 303-7761, or Assistant Chief of Security at (504) 303-7762 two (2) weeks prior to start of Work to submit the necessary airport security information for all vehicles and personnel required inside the restricted area during the project period.

.4 There shall be no separate pay item for security. The cost shall be included in the cost Bid on the Contract. There is a finger printing charge of $45.00 for each Criminal History Records Check (CHRC) and a $10.00 badge charge for each annual renewal of an employee badge. The finger printing charge must be paid for with a company check or a money order. The badge charge may be paid for in company check or money order.


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.5 Contractor shall be fully responsible for compliance by itself and all of its employees with the NOAB Rules and Regulations, the Airport Security Program, and TSA security requirements. These rules and regulations may affect identification of employees, movement around the Airport, parking entry and other circumstances affecting the safety or security of the Airport.

.6 Security Coordinator. Contractor shall designate a Security Coordinator who shall be responsible for the following:

(a) Make application for all security identification badges for all Contractor and subcontractor personnel through the Airport Security Office.

(b) Assure that background checks required by the TSA Regulations for the issuance of Airport photo ID and Contractor badges are accomplished and documented. Documentation shall be available for inspection by either airport officials or TSA security inspectors.

(c) Return all badges to the Airport Security Office at the completion of the project. Failure of Contractor to return badges at the completion of the project shall cause damages to NOAB. Since it is difficult to determine actual damages it is agreed that, for each badge not returned, Contractor shall be assessed a cost by NOAB, not as a penalty, but as stipulated compensatory damages for breach of this section of the Contract, in the lump sum amount of $100.00 for each badge. This fee is to compensate the NOAB for the administrative time and effort associated with replacing and accounting for replaced badges. This sum shall be deducted from monies otherwise due Contractor under the terms of this Contract. Stipulated damages assessed in relation to Contractor's failure to return security identification badges shall be independent of and in addition to other damages assessed for other reasons within the terms of this Contract.

.7 Contractor is required to furnish and maintain all badging requirements at its expense, to include Customs. Contractor will be responsible for badging maintenance and compliance with all rules, regulations, policies and procedures, both current and future, issued by the NOAB, the NOAB Airport Credentials and Security Office, the Transportation and Security Administration, and those mandated by law.

(a) Information regarding NOAB’s badging procedures can be viewed on the Airport’s website at:

http://www.flymsy.com/PageDisplay.asp?p1=8907.

(b) NOAB Security forms can be viewed on the Airport’s website at: http://www.flymsy.com/PageDisplay.asp?p1=8909

.8 All personnel of Contractor must undergo and satisfactorily complete the identification procedures established by NOAB prior to beginning work at the Airport, including but not limited to, completion of work history, background


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checks, fingerprinting, warrant checks, Airport Security Training and any other security clearances or training that may be required by the NOAB, Federal Aviation Administration (FAA) or the Transportation Security Administration (TSA).

.9 ID BADGE AUDITS: TSA requires that the Airport regularly audit ID Badge records to ensure accuracy and accountability. Audits (either “paper” or “physical”) will be conducted bi-annually with all companies who participate in the Airport’s badge system. Paper Audits will include a listing of all Airport ID Badges issued to Contractor. Contractor is required to review the list, ensuring that all individuals are still employed by them, still require Airport access, and are in possession of their Airport ID Badge. Physical Audits, in addition to a review and certification of the employee listing by Contractor, will require each badge holder to report to a specific location for a physical inspection of their ID Badge. Failure to complete Audits as requested will result in the suspension of ID Badge issuance privileges and constitute a default under the Contract.

.10 RECORD KEEPING: Contractor is required to maintain records pertaining to the completion of Background Checks for all employees and subcontractor employees. These records must be maintained for the duration of time that the employee is with the Contractor or subcontractor, and up to 180 days from the date of termination/separation. It is recommended that Contractor keep this documentation in a separate file. Remember, it is subject to an Airport Audit. Employment History Verifications records must be made available to the NOAB for inspection to determine compliance all security requirements. The records shall include, but not be limited to the following:

(a) A copy of the Badge Application;

(b) A copy of the Separation; and

(c) Any other information required by the NOAB or the Director of Aviation or his/her designee.

7.03 COMPLIANCE

By execution of this Contract, Contractor specifically agrees to comply in all respects with the security requirement enumerated above. If Contractor fails to comply, Contractor agrees that NOAB may perform functions for Contractor, either with its own forces or with hired personnel, and deduct the cost of these services from monies otherwise due Contractor under the terms of this Contract. The Contractor specifically agrees that NOAB shall be the sole determining authority of whether or not Contractor has met these security requirements and whether or not NOAB shall provide services as required in lieu of Contractor providing them. The Contractor further agrees that he shall comply with any TSA mandated and approved changes to the existing Airport Security Program without additional charge to the NOAB.


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8.0 WORK SITE ACCESS

Contractor shall access the Work site as noted in the Summary of Work and/or Facility Layout Sketches. Job site access must be coordinated with the Director of Aviation or his/her designee, Security and Airport Operations.


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9.0 ADDITIONAL SAFETY REQUIREMENTS

9.01 The following requirements are in addition to those outlined in the General Provisions, Article 58 (Accident Prevention).

9.02 Project Safety Plan and Related Airfield Operations

The Contractor shall prepare and submit a plan that details how it proposes to comply with these minimum requirements and shall include in the Contractor’s Specific Plan as required in General Provisions, Article 58.


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10.0 SEVERE STORM AND HURRICANE PREPAREDNESS PLAN

The Contractor shall provide a written contingency plan for severe weather that is consistent with the Airport’s procedures/policy manual titled “New Orleans International Airport Hurricane Procedures” (latest version). The Contractor shall coordinate severe weather contingency activities with the Director of Aviation or his/her designee.


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11.0 ORDER OF PRECEDENCE

Any inconsistency in the following Bid Documents or resulting Contract Documents shall be resolved by giving precedence in the following order:

11.01 Requirements or changes issued by Addendum; 11.02 Instructions to Bidders, Bid Forms and Attachments;* 11.03 Special Provisions;* 11.04 General Provisions;* 11.05 Summary of Work;* 11.06 Facility Layout Sketches; * 11.07 City Invitation to Bid.

* Discrepancies in quality or quantity; best quality or greater quantity is required and in all cases the most stringent apply.


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12.0 USE OF PREMISES/PERFORMANCES

12.01 Site Access: The Contractor shall enter the buildings and shall park in areas as designated by the Owner’s representative

12.02 The Contractor may store any major equipment items on the project site with the Owner’s approval. The Contractor shall bring the necessary materials to the job site each day and shall leave the site free and clear of all debris at the end of each day.

12.03 The Contractor shall be allowed to use Owner’s facilities for shop fabrication operation with permission of the Owner.

12.04 The Contractor may use the Owner’s water and electricity as may be available in the area. The Contractor shall be responsible for any temporary connections.

12.05 The Contractor shall be responsible for damage to the Owner’s property as a result of the Contractor’s activities.

12.06 The Contractor shall provide any temporary protection to the site that may be required.

12.07 Airport badges or escorts are required in order to access jobsites that serve security areas.


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13.0 STORM WATER POLLUTION PREVENTION PLAN

The Contractor must comply with the provisions of: (1) 40 CFR, Part 122, (2) Federal Register, Volume 57, No. 175, and (3) the facility-wide Storm Water Pollution Prevention Plan (SWPPP) prepared for the New Orleans International Airport. The aforementioned documents relate to the National Pollutant Discharge Elimination System (NPDES) and are available from the NOAB. The Contractor shall be required to submit a site specific SWPPP to complement the facility-wide SWPPP to the Director of Aviation or his/her designee for approval. If a conflict is discovered between any of the above three documents, notify the Director of Aviation or his/her designee immediately.


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14.0 ENVIRONMENTAL PROVISIONS

14.01 Contractor covenants that, throughout the term of this Contract, at its sole cost and expense, it will comply with all laws, ordinances, and regulations of the State of Louisiana, the City of Kenner, the Parish of Jefferson, and the United States, concerning environmental matters, in the performance of its work under this Contract, including, without limitation, laws, ordinances and regulations touching on the discharge of any chemical or liquid substance or pollutant used by the Contractor in the performance of its work into the air, waters, sewers, drains, soil or groundwater. Contractor also covenants throughout the term of this Contract, at its sole cost and expense, promptly to comply with all orders, rules and requirements of all federal, state and municipal governments and appropriate departments, commissions, and boards, whether now or subsequently constituted, and whether foreseen or unforeseen, applicable to the work performed by Contractor or the use or manner of use of chemicals or liquids utilized by Contractor in the performance of its work, whether or not the said orders, rules and/or regulations require the obtaining of permits prior to the commencement of work by Contractor, and irrespective of whether such permits are required by state, federal or municipal clean air or clean water laws, other environmental laws, or some combination of them. Contractor must likewise observe and comply with the requirements of all policies of public liability, fire and all other policies of insurance at any time in force with respect to Airport Premises and Contractor’s equipment on the Premises.

14.02 NOAB and its agents and representatives shall have reasonable access to the Contractor’s work areas, storage sites and internal records for the purpose of ascertaining the nature of the Contractor’s activities on the premises and to determine the type, kind and quantity of all products, materials and substances brought on to the premises or used on the premises by Contractor. Contractor shall provide to NOAB copies of all manifests, schedules, correspondences and other documents of all types and kinds filed or provided to any state, federal or municipal department or governmental agency with regard to environmental laws or regulations by Contractor, to comply with the requirements of environmental laws or regulations applicable or potentially applicable or potentially applicable to Contractor’s work, when, in the course of an audit, such manifests, schedules, correspondence and other documents are requested by NOAB. NOAB and its agents and representatives shall have the right to take samples in quantities sufficient for scientific analysis of all products, materials and substances utilized by Contractor, including, but not limited to, samples of products, materials or substances brought on to or utilized on Airport Premises by Contractor.

14.03 If Contractor breaches the obligations stated in this Section, if the presence of hazardous materials on the premises caused or permitted by Contractor results in contamination of the premises, or if the Contractor’s disposal or discharge of any substance to the air, land or water creates any liability whatever for NOAB, Contractor shall indemnify, defend with counsel acceptable to NOAB and hold NOAB harmless


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from any and all claims, judgments, damages, penalties, fines, costs, liabilities or losses (including, without limitation, diminution in value of the premises, damages for the loss or restriction on marketing of the premises, and sums paid in settlement of claims, attorney’s fees, consultant fees and expert fees) which arise during or after the term of the Contract as a result of such contamination, discharge or disposal. This indemnification of NOAB by Contractor includes, without limitation, costs incurred in connection with any investigation of site conditions and remedial, removal or restoration work required by any federal, state or local governmental agency or political subdivision because of hazardous material present anywhere as a consequence of the performance of the Contractor’s work. Without limiting the foregoing, if the presence of hazardous material anywhere, caused or permitted by Contractor, results in any contamination of the property of others, including NOAB, Contractor shall promptly take all actions, at its sole expense, as are necessary to return the said property to the condition existing prior to the introduction of any hazardous material, provided New Orleans Aviation Board’s approval of such actions shall first be obtained by Contractor, which approval shall not be unreasonably withheld.

14.04 As used in this Contract, the term hazardous material means any substance, material or waste regulated by any local governmental authority, the State of Louisiana or the United States Government as a hazardous or toxic substance. The term hazardous material includes, without limitation, any material or substance which is (i) defined as a hazardous waste or toxic substance under any of the laws of Louisiana; (ii) any substance or waste defined in the Code of Federal Regulations as an extremely hazardous substance or hazardous substance by the Environmental Protection Agency pursuant CERCLA, RCRA, TSCA, or the Federal Clean Air or Clean Waters Acts; (iii) any material, substance, waste, vapor or gas deemed by the Department of Environmental Quality of the State of Louisiana or the United States Environmental Protection Agency to be outside of the scope of the CERCLA petroleum exclusion because of any fraction or constituent, and (iv) asbestos.

14.05 If Contractor receives any notice of the happening of any event involving an emission, spill, release or discharge into or upon (i) the air; (ii) soils or any improvements located thereon; (iii) surface water or groundwater; or (iv) the sewer, septic system or waste treatment, storage or disposal system servicing Airport Premises, of any toxic or hazardous substance or waste (as defined above), (all of which are hereafter referred to as a Hazardous Discharge), or any complaint, order, directive, claim, citation, or notice by or from any governmental authority or any other person or entity with respect to (a) air emissions; (b) spills, releases, or discharges to soils or any improvements located thereon, surface water, groundwater or the sewer, septic system or waste treatment, storage or disposal systems servicing Airport premises; (c) noise emissions; (d) solid or liquid waste disposal; (e) the use, generation, storage, transportation of disposal of toxic or hazardous substances or waste; (f) notice of other environmental, health or safety matters effecting Contractor, Airport Premises, any improvements located thereon, or the business therein conducted (any of which is hereinafter referred to as an Environmental Complaint), Contractor shall give


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immediate oral and written notice of same to NOAB, detailing all relevant facts and circumstances, and shall initiate and complete all steps and actions necessary to clean up, remove, restore, resolve and minimize the impacts of the Hazardous Discharge or Environmental Complaint.

14.06 Without limitation of the foregoing, NOAB shall have the option, but shall not be obligated to exercise any of its rights as provided herein and may take any actions it deems necessary or advisable to clean up, remove, resolve or minimize the impact of or otherwise remediate, any Hazardous discharge or Environmental Complaint upon New Orleans Aviation Board’s receipt of any notice from any person or entity asserting the happening of a Hazardous Discharge of Environmental Complaint on or pertaining to Contractor’s work on Airport Premises. All costs and expenses incurred by NOAB in the exercise of any such rights of removal, resolution or remediation shall be recoverable by NOAB from Contractor, and shall be payable to NOAB upon demand.


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15.0 COMPLIANCE WITH LAWS; DUTY TO NOTIFY OF WRONGDOING; COOPERATION WITH CITY INSPECTOR GENERAL

Contractor understands and shall abide by Code of the City of New Orleans, Chapter 2, Art. XIII, Sect. 2-1120, as adopted by City Ordinance No. 22,888 M.C.S. In performing the Services, Contractor shall, at its own expense, comply with all applicable federal, state and local laws, regulations and codes. Contractor shall be obligated to immediately notify City Attorney of any notice or allegation of wrongdoing or of any material third-party complaint relating to this Agreement. Upon request of the City Inspector General (“CIG”), Contractor shall fully cooperate in any CIG investigation by furnishing any documents, records or other testimonial evidence pertinent to such investigation.


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16.0 PUBLIC TRUST

Contractor, on behalf of itself, its present and future owners and employees, and its present and future sub-lessees, subcontractors, suppliers, and sub-consultants (Contractor and all of the aforesaid owners, employees, sub-lessees, subcontractors, suppliers, and sub-consultants and persons similarly situated, together with all individuals who now or in the future directly or indirectly own or control any interest in any one or more of Contractor and Contractor’s present and future owners, employees, sub-lessees, subcontractors, suppliers, and sub-consultants and persons similarly situated), being collectively hereinafter referred to as the “Interested Contract Persons,” and any one of the Interested Contract Persons being hereinafter referred to as an “Interested Contract Person”), acknowledges that the New Orleans Aviation Board and the City of New Orleans are government entities serving the public and charged with the public’s trust, that the New Orleans Aviation Board shall be paying Contractor’s fees under this Contract with public funds, and that certain types of actions (including without limitation criminal activities and offenses involving moral turpitude) by Interested Contract Persons violate or potentially violate the public’s trust. Said activities shall constitute a default under the Contract and cause for termination. Accordingly, the New Orleans Aviation Board, on behalf of itself and the City of New Orleans, reserves the right, to be exercised in the New Orleans Aviation Board’s sole discretion, to pursue any one or more of the following actions: termination of this Contract, the Contractor’s termination of any affected sublease or subcontract or supply Contract or sub-consulting agreement, the seeking of damages, the pursuit of any other remedies provided in this Contract upon the occurrence of a default by Contractor, and the pursuit of all remedies available at law, in the event of a conviction of any one or more of the Interested Contract Persons, or the rendition of a civil judgment against any one or more of the Interested Contract Persons, for any crime or offense involving moral turpitude. Contractor shall place, in each sublease, subcontract, supply Contract, sub-consultant agreement, or other document pursuant to which Contractor involves any other Interested Contract Person in the performance of Work under or otherwise in relation to this Contract, a notice of the New Orleans Aviation Board’s and the City of New Orleans’s rights and remedies under this section.


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17.0 AUDIT AND OTHER OVERSIGHT

The Contractor understands and shall abide by all provisions of the Code of the City of New Orleans, Chapter 2, Article XIII, Sect. 2-1120, as adopted by City Ordinance No. 22,888 M.C.S., (relative to the operations and authority of the City Inspector General), incorporated herein by reference.


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ATTACHMENT A

DBE/SLDBE QUARTERLY REPORT FORM

New Orleans Aviation Board New Orleans International Airport

Contractor Report of DBE Participation Instructions for Completing Report

As per your agreement with the New Orleans Aviation Board, your firm is required to complete a report of Disadvantaged Business Enterprise (DBE) participation. This report should consist of firms whereby purchases of goods and/or services have been purchased during the reporting period.

DBE-certified means federally certified by a member of the Louisiana Unified Certification Program (www.LAUCP.org). SLDBE-certified means locally certified with the State & Local Disadvantaged Enterprise Program through the New Orleans Aviation Board, City of New Orleans, Sewerage & Water Board, or Jazz Casino Company, LLC d/b/a Harrah’s New Orleans Jazz Casino.

The following are definitions of each of the reporting category:

1. Amount Paid to Prime This Quarter – Monies received on contract this quarter 2. Amount Paid to Prime To Date – Monies received on contract during the life of the contract 3. DBE/SL Original Contract Amount – If any DBE/SL firms are under contract with your company, indicate the

total original amount of the agreements. If any DBE/SL firms have purchase orders to provide services/items, indicate the total original purchase order amounts.

4. DBE/SL Current Contract Amount – If any DBE/SL firms are under contract with your company, indicate the total current amount of the agreements. If any DBE/SL firms have a purchase orders to provide services/items, indicate the total current purchase order amounts.

5. Amount Paid to DBE/SL This Quarter – Indicate only the total amount actually paid to any DBE/SLs during the period. As part of the NOAB’s DBE/SL verification process, we are requesting that your firm submit verification of payments made to any DBE/SLs on the expenditures reported. This can be achieved by providing copies of accounts payables ledgers or copies of canceled checks.

6. Amount Paid to DBE/SL To-Date – Indicate only the total amount actually paid to any DBE/SLs during the life of the contract

7. Subcontractor/Vendor Name – Provide name of subcontractor/vendor 8. DBE/SL Certification Percentage at Contract Inception – Indicate DBE/SL certification percent of

subcontractor’s firm when subcontract signed. If company was 100% DBE- certified, enter 100. If company is a joint venture with a non-DBE firm, enter DBE JV percentage. If regular dealer or supplier, only 60% of DBE/SL certification percentage may be counted.

9. Description of Service – Describe type of service subcontractor is contracted to perform 10. Original Contract Amount – If subcontractor is under contract with your company, indicate the original amount

of the agreement. If subcontractor has a purchase order to provide services/items, indicate the original purchase order amount.

11. Current Contract Amount – If subcontractor is under contract with your company, indicate the current amount of the agreement. If subcontractor has a purchase order to provide services/items, indicate the current purchase order amount.

12. Dollars Paid This Quarter – Payments made to subcontractor this quarter.

13. Dollars Paid To Date – Payments made to subcontractor during the life of the contract.

http://www.laucp.org/

New Orleans International Airport Disadvantaged Business Enterprise (DBE) / State & Local Disadvantaged Business Enterprise (SLDBE)

Quarterly Activity Report of DBE Participation

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CIRCLE ONE

PRIME CONTRACTOR

PROJECT TITLE

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Original Contract Amount

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Dollars Paid This Qtr

Dollars Paid To Date

DBE/SL certification percentage at contract inception 0-100

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ATTACHMENT B CONTRACTOR PAY REQUEST FORM

Louis Armstrong New Orleans International Airport Janitorial Services November 2017 General Provisions

i

GENERAL PROVISIONS

TABLE OF CONTENTS

1.0 DEFINITIONS .................................................................................................................................. 1

2.0 SITE INVESTIGATION AND CONDITIONS AFFECTING THE WORK ......................................... 5

3.0 DIFFERING SITE CONDITIONS ..................................................................................................... 6

4.0 WARRANTY .................................................................................................................................... 7

5.0 NEW CONTRACTOR TRANSITION PERIOD ................................................................................ 8

6.0 COOPERATION OF CONTRACTOR .............................................................................................. 9

7.0 SUPERINTENDENCE BY CONTRACTOR .................................................................................... 10

8.0 CONTRACTOR'S WORK FORCE .................................................................................................. 11

9.0 DIRECTOR or DESIGNEE ............................................................................................................. 13

10.0 PROTECTION OF EXISTING SITE CONDITIONS ........................................................................ 14

11.0 CONTRACT DOCUMENTS ........................................................................................................... 15

12.0 SUBMITTALS ................................................................................................................................ 16

13.0 CONDITION OF MATERIAL ......................................................................................................... 17

14.0 MATERIAL AND WORKMANSHIP ............................................................................................. 18

15.0 INSPECTION ................................................................................................................................. 19

16.0 NO REDUCTION OF OPERATIONS AND NOTICE OF LABOR DISPUTES ............................... 21

17.0 JANITORIAL SERVICES RECORDS .............................................................................................. 22

18.0 SUSPENSION OF WORK.............................................................................................................. 23

19.0 CHANGES IN CONTRACT TIME .................................................................................................. 24

20.0 TERMINATION FOR CONVENIENCE.......................................................................................... 26

21.0 TERMINATION FOR DEFAULT ................................................................................................... 28

22.0 INTENTIONALLY OMITTED ........................................................................................................ 30


24.0 TIME OF ESSENCE ........................................................................................................................ 32

25.0 CHANGES IN THE WORK ............................................................................................................ 33

26.0 MODIFICATION PROPOSALS - PRICE BREAKDOWN .............................................................. 36

27.0 REQUESTS FOR SUBSTITUTIONS .............................................................................................. 37

28.0 COMPENSATION FOR CHANGES WHICH DECREASE THE WORK ....................................... 39


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29.0 COMPENSATION FOR CHANGES WHICH INCREASE THE WORK ......................................... 41

30.0 VARIATION IN ESTIMATED QUANTITY .................................................................................... 43

31.0 PROGRESS PAYMENTS ............................................................................................................... 44

32.0 INTENTIONALLY OMITTED ......................................................................................................... 48

33.0 DOCUMENTS ............................................................................................................................... 49

34.0 PERMITS, LICENSES AND TAXES ............................................................................................... 50

35.0 WAGE RATES, PAYROLLS AND BASIC RECORDS ................................................................... 51

36.0 COVENANT AGAINST CONTINGENT FEES ............................................................................... 52

37.0 ROYALTIES AND PATENTS ......................................................................................................... 53

38.0 INTEREST OF PUBLIC OFFICIALS ............................................................................................... 54

39.0 ADDITIONAL BOND SECURITY .................................................................................................. 55

40.0 GOVERNING LAW ....................................................................................................................... 56

41.0 INDEMNIFICATION AND HOLD HARMLESS ............................................................................ 57

42.0 EQUAL EMPLOYMENT OPPORTUNITY .................................................................................... 58

43.0 LIMITATION OF OBLIGATION .................................................................................................... 59

44.0 OBLIGATION TO PERFORM FUNCTIONS ................................................................................. 60

45.0 OTHER CONTRACTS .................................................................................................................... 61

46.0 ACCEPTANCE OF OTHER CONTRACTOR'S WORK .................................................................. 62

47.0 DAMAGE TO, OR DAMAGE SUSTAINED FROM, OTHER CONTRACTORS ........................... 63

48.0 DISPUTES ...................................................................................................................................... 64

49.0 AUDIT AND RECORDS ................................................................................................................. 65


51.0 INTENTIONALLY OMITTED ....................................................................................................... 68

52.0 PUBLICITY RELEASES ................................................................................................................... 69

53.0 ASSIGNMENT ............................................................................................................................... 70

54.0 NOAB'S RIGHT OF TRANSFER .................................................................................................... 71

55.0 COMPOSITION OF CONTRACTOR ............................................................................................. 72

56.0 INDEPENDENT CONTRACTOR ................................................................................................... 73

57.0 NOTICES AND LAWS TO BE OBSERVED ................................................................................... 74

58.0 ACCIDENT PREVENTION ............................................................................................................. 75

59.0 HAZARDOUS MATERIAL IDENTIFICATION AND MATERIAL SAFETY DATA ........................ 80


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60.0 SEVERABILITY .............................................................................................................................. 82

61.0 ENTIRE AGREEMENT................................................................................................................... 83

62.0 ASBESTOS CONTAINING MATERIALS ...................................................................................... 84

63.0 SURETY.......................................................................................................................................... 85


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GENERAL PROVISIONS

1.0 DEFINITIONS

1.01 Whenever the words, forms or phrases defined below are used in the Contract Documents, the intent and meaning shall be interpreted as follows:

.1 AIRPORT: The land and improvements located thereon, within the confines of Louis Armstrong New Orleans International Airport, and the Downtown heliport.

.2 ASSIGNED or SERVICE AREAS: Those areas of the Airport which have been designated as part of the Contract. NOAB reserves the right to change these areas.

.3 AVCOM: The New Orleans Aviation Board Communications Center.

.4 BUSINESS DAY: Any day Monday through Friday, excluding all legal holidays provided for by La. R.S. 1:55.

.5 CALENDAR DAY: All days of the calendar year shown on the calendar including weekends and holidays. However, if the last day of any Calendar-Day period in the Contract Documents falls on a Saturday, Sunday or legal holiday provided for by La. RS 1:55, then the last Calendar Day shall be the next Business Day after the last Calendar Day.

.6 CALL OUTS: Applicable to maintenance, janitorial, and indefinite delivery indefinite quantity (IDIQ) contracts. Call Outs are requests for services, through any form of communication as needed by NOAB that is consistent with the Scope of Work of the Contract. Call Outs must be followed up by a written Work Order.

.7 CHANGE ORDER: A change or other amendment to the Contract made in accordance with the Contract provisions.

.8 CONTRACT: The written agreement covering the Work to be performed. The awarded Performance Bond; the Payment Bond; any required insurance certificates; the Summary of Work and Facility Layout Sketches; Special Provisions; General Provisions; Instructions to Bidders and Bidding Forms; the plans; and any addenda issued to bidders.

.9 CONTRACT COMPLETION DATE: The final Contract day calculated from the effective date of Notice to Proceed.

.10 CONTRACT DOCUMENTS: Contract Documents include: the fully executed Contract; Bid Documents (as defined in the Instructions to Bidders); and any Contract modifications consistent with Change Order and/or changes to the Contract issued during the course of the Work. Contract Documents may also be referred to as conformed to Contract Documents and/or conformed to Contracts.

.11 CONTRACT LAYOUT SKETCHES or FACILITY LAYOUT SKETCHES: all the drawings pertaining to the Contract, including any addenda as may be issued in order to


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clarify the Layout sketches, or exact reproductions thereof, which show the location, character, dimensions and details of the Work, or for the purpose of showing changes in the Work and incorporated through a Contract Modification. Contracts Layout sketches are synonymous with plans, hereinafter authorized in accordance herewith. The Contract Layout sketches are a part of the Contract.

.12 CONTRACTOR: The individual, partnership, firm, joint venture, or corporation primarily liable for the acceptable performance of work contracted and for the payment of all legal debts pertaining to the Work who acts directly or through lawful agents or employees to complete the contract work.

.13 DIRECTOR OF AVIATION or DESIGNEE: The person designated by the NOAB to have responsibility to ensure Contract compliance and satisfactory performance of the Contractor. The Director of Aviation or his/her designee may designate one or more persons to have day-to-day responsibility to ensure all or portions of Contract compliance and satisfactory performance of the Contractor.

.14 EXTRA WORK: An item of Work not provided for in the awarded Contract or Summary of Work or Facility Layout Sketches, but which is found by the Director of Aviation or his/her designee to be necessary to complete the Work within the intended scope of the Contract.

.15 EXTRA LABOR: A man-hour pool of hours allowed for in the Contract that will enable the NOAB to call for temporary employees to be brought in by the Contractor when circumstances warrant.

.16 JOB MANAGER: The full time employee of the Contractor who shall have overall responsibility for the competent performance of all Work under this Contract. The Job Manager shall have full authority to act for the Contractor at all times during the Contract Period and to receive and fulfill instructions from the Director of Aviation or his/her designee.

.17 LESSEE: A person, company, partnership, corporation or other entity leasing space at the Airport.

.18 MAINTENANCE CONTRACTS: Contracts awarded by NOAB on behalf of the City of New Orleans to perform routine and customary maintenance of Airport facilities.

.19 NOAB and OWNER: “NOAB” and “Owner” shall mean, respectively the New Orleans Aviation Board (NOAB) and the City of New Orleans, established under the laws of the State of Louisiana. “Owner/NOAB” and “NOAB/Owner” shall mean either NOAB and/or Owner. The Louis Armstrong New Orleans International Airport (LANOIA) is owned by the City of New Orleans and operated by and through NOAB for the City of New Orleans in accordance with Article V, Chapter 6 of the Home Rule Charter of the City of New Orleans, Chapter 22 (Aviation) of the Code of the City of New Orleans and Title 2:131 et seq. of Louisiana Revised Statues, or its representatives. The Contractor’s obligations are to both the NOAB and the City of New Orleans, and the NOAB


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acting alone can exercise all rights of the Owner and/or NOAB under the Contract.

.20 NOTICE TO PROCEED: A written notice to the Contractor to begin the actual Contract Work on a previously agreed to date. If applicable, the Notice to Proceed shall state the date on which the contract time begins.

.21 ON-SITE: When physically on Airport property

.22 PAYMENT BOND. The approved form of security furnished by the Contractor and his/her surety as a guaranty that he will pay in full all bills and accounts for materials and labor used in the janitorial services.

.23 PERFORMANCE BOND. The approved form of security furnished by the Contractor and his/her surety as a guaranty that the Contractor will complete the work in accordance with the terms of the Contract.

.24 PLANS: The official Facility Layout Sketches or exact reproductions which show the location, character, dimensions and details of the airport and the work to be done and which are to be considered as a part of the Contract, supplementary to the Summary of Work.

.25 SPECIAL PROVISIONS: The specific provisions setting forth conditions or requirements peculiar to the specific contracted Work, supplementing and modifying the General Provisions and taking precedence over any conditions or requirements of the General Provisions with which the Special Provisions are in conflict.

.26 SHIFT SUPERVISOR: A supervisory employee of the Contractor who is designated as such by the Contractor in accordance with all provisions of the Summary of Work.

.27 SUMMARY OF WORK: A part of the Contract containing the written directions and requirements for completing the Contract Work. Standards for specifying materials or testing which are cited in the Contract Summary of Work by reference shall have the same force and effect as if included in the Contract physically.

.28 WORK: All obligations of Contractor under the Contract, including but not limited to the construction work required and materials, workmanship, manufacture and fabrication of components.

.29 WORK ORDERS: Applicable to maintenance and indefinite delivery indefinite quantity contracts. Work Orders are written directives from NOAB or Director of Aviation or his/her designee to provide services. Work Orders may be either a written follow up to a previously issued Call Out or as a standalone request for specific tasks which fall under the Scope of Work of the Contract.

1.02 Wherever in the Summary of Work or upon the Contract Layout sketches the words "declared", "directed", "required", "ordered", "designated", "prescribed", or words of


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like import are used, it shall be understood that the "direction", "requirement", "order", "designation", or "prescription", of the NOAB is intended; and similarly the words "approved", "acceptable", "satisfactory", or words of like import shall mean "approved by", or "acceptable to", or "satisfactory to" the NOAB, unless otherwise expressly stated.

1.03 Where "as shown", "as indicated", "as detailed", or words of similar import are used, it shall be understood that the reference is made to the Facilities Layout Sketches accompanying this Contract unless stated otherwise. The word "provided" as used herein shall be understood to mean "provide complete in place" (that is, "furnished and installed").


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2.0 SITE INVESTIGATION AND CONDITIONS AFFECTING THE WORK

2.01 The Contractor acknowledges that it has taken steps reasonably necessary to ascertain the nature and location of the Work and that it has investigated and satisfied itself as to the general and local conditions which can affect the Work or its cost, including but not limited to:

.1 conditions bearing upon transportation, disposal, handling and storage of materials;

.2 the availability of labor, water, electric power, telephone and roads;

.3 uncertainties of weather, flooding patterns and water drainage, or similar physical conditions at the site;

.4 the conformation and conditions of the grounds; and

.5 the character of equipment and facilities needed preliminarily to and during Work performance.

2.02 The Contractor acknowledges that it has satisfied itself as to the character, quality, and quantity of surface and subsurface materials or obstacles to be encountered insofar as this information is reasonably ascertainable from an inspection of the Site, including any exploratory Work done by the NOAB as well as from the Facilities Layout Sketches and Summary of Work made a part of this Contract. Any failure of the Contractor to take the actions described and acknowledged in this paragraph shall not relieve the Contractor from responsibility for estimating properly the difficulty and cost of successfully performing the Work or for proceeding to perform the Work successfully without additional expense to the NOAB.

2.03 The NOAB assumes no responsibility for any conclusions or interpretations made by the Contractor based on the information made available by NOAB. Nor does the NOAB assume responsibility for any understanding reached or representation made concerning conditions which can affect the Work by any of its officers or agents before the execution of this Contract, unless that understanding or representation is expressly stated in this Contract.


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3.0 DIFFERING SITE CONDITIONS

3.01 The Contractor shall promptly, and before the conditions are disturbed, give written notice to the Director of Aviation or his/her designee of:

.1 subsurface or latent physical conditions at the site which differ materially from those indicated in this Contract, or

.2 unknown physical conditions at the site, of an unusual nature, which differ materially from those ordinarily encountered and generally recognized as inherent in Work of the character provided for in the Contract.

3.02 The Director of Aviation or his/her designee shall investigate the site conditions promptly after receiving the notice in accordance with Article 3.01 above. If the conditions do materially so differ and cause an increase or decrease in the Contractor's cost of, or the time required for, performing any part of the Work under this Contract, an equitable adjustment shall be made under this General Provisions and the Contract modified in writing accordingly.

3.03 No request by the Contractor for an equitable adjustment to the Contract under these General Provisions shall be allowed unless the Contractor has given the written notice required; provided that the time prescribed in Article 3.01 for giving written notice may be extended by the Director of Aviation or his/her designee.

3.04 No request by the Contractor for an equitable adjustment to the Contract for differing site conditions shall be allowed if made after final payment under this Contract.


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4.0 WARRANTY

4.01 In addition to any other warranties in this Contract, the Contractor warrants, except as provided in Paragraph 4.04 of this Article, that Work performed under this Contract conforms to the Contract requirements and is free of any defect in equipment, material, or design furnished, or workmanship performed by the Contractor or any subcontractor or supplier at any tier.

4.02 With respect to all warranties, express or implied, from subcontractors, manufacturers, or suppliers for Work performed and materials furnished under this Contract, the Contractor shall:

.1 obtain all warranties that would be given in normal commercial practice;

.2 require all warranties to be executed, in writing, for the benefit of the NOAB, if directed by the Director of Aviation or his/her designee; and

.3 enforce all warranties for the benefit of the NOAB, if directed by the Director of Aviation or his/her designee.

4.03 In the event the Contractor's warranty under Article 4.01 and Article 15 below has expired, the NOAB may bring suit at Contractor’s expense to enforce a subcontractor's, manufacturers, or supplier's warranty.

4.04 Unless a defect is caused, in whole or in part, by the negligence or omission or intentional act of the Contractor or subcontractor or supplier at any tier, the Contractor shall not be liable for the repair of any defects of material or design furnished by the NOAB or for the repair of any damage that result from any defect in material or designs furnished by the NOAB.

4.05 This Provision shall not limit the NOAB’s rights under Article 15.0 (INSPECTION) below with respect to latent defects, gross mistakes, or fraud.


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5.0 NEW CONTRACTOR TRANSITION PERIOD

The NOAB will make reasonable efforts to accommodate a transition period from the old contractor providing janitorial services to the airport to whichever Bidder is awarded this Contract. To the extent commercially reasonable, the NOAB will continue under the prior janitorial services contract or hire or otherwise compensate the prior contractor or its employees to assist the new Contractor under this Contract transition into providing full janitorial services. The length of this transition period is not predetermined but is expected by the parties to be approximately one (1) week, or such reasonable period of time according to the Director of Aviation or his/her designee necessary to assist the new Contractor in understanding the nature and range of janitorial services required at the Airport.


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6.0 COOPERATION OF CONTRACTOR

6.01 A copy of the conformed Contract Documents shall be available at the job site at all times.

6.02 The Contractor shall give constant attention to the Work to facilitate the progress thereof, and he shall cooperate with the Director of Aviation or his/her designee and its inspectors and with other contractors in every way possible. The Director of Aviation or his/her designee shall allocate the Work and designate the sequence of janitorial services in case of controversy between contractors. The Contractor shall have a competent Job Manager for this Work at all times who is fully authorized as his/her agent on the Work. The Job Manager shall be capable of reading and thoroughly understanding the Contract Documents, including the Summary of Work, and shall receive and fulfill instructions from the Director of Aviation or his/her designee.


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7.0 SUPERINTENDENCE BY CONTRACTOR

7.01 The Work is located in a major operational airport. The NOAB considers the safety and unrestricted flow of the traveling public, as well as other users of the Airport, to be of the utmost importance, and therefore, to be an essential part of the Contract. Unrestricted vehicle access to the Airport by the public is of paramount importance. Material and equipment shall be stored and the Work shall be performed with as little obstruction to pedestrian and vehicle movement as possible. Pedestrian entrances, sidewalks and other areas where pedestrians move about shall remain open and usable except as designated in the Contract Documents.

7.02 At all times during performance of this Contract and until the Work is completed and accepted, the Contractor shall have on the site a competent representative who has full authority to act for the Contractor at all times when Work or services are being performed. The full name, title, and resume’ of work experience of the Contractor’s “Job Manager” who is authorized to act on behalf of the Contractor shall be submitted in writing to the Director of Aviation or his/her designee prior to mobilization to the job site. All Work under this Contract shall be performed in a skillful and workmanlike manner. The Director of Aviation or his/her designee may require in its sole discretion, in writing, that the Contractor remove from the site any subcontractor or employee whose behavior the Director of Aviation or his/her designee deems inconsistent with the Contract.

7.03 Public safety and convenience requirements as described in the Contract Documents shall be the direct responsibility of the Contractor. The Contractor shall be responsible for taking proper safety and health precautions to protect the Work, the workers, the public, and the property of others.

7.04 The Contractor shall provide and maintain sanitary facilities and trash storage units with regular disposal services to insure Work areas are free of debris and loose trash at all times on airside projects and prior to the end of each work day for non-airside projects.


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8.0 CONTRACTOR'S WORK FORCE

8.01 The value of the Work performed by the Contractor with its own employees shall not be less than 20% of the Contract Amount.

8.02 Unless otherwise required by the Contract Documents or the bidding documents, the Contractor shall provide to the NOAB in writing the name and location of the place of business of each proposed major subcontractor, each proposed sub-tier contractor and the full name, address, and telephone number of each principal and their references, including those who shall furnish materials or fabricated equipment.

8.03 The Contractor shall not, without written notice to, and the consent of NOAB through the Director of Aviation or his/her designee, either substitute, replace, or terminate any subcontractor designated in the list provided under Article 8.02, or permit any subcontract to be assigned or transferred or allow any subcontract to be performed by anyone other than the subcontractor designated in Article 8.02.

8.04 Any and all requests for authorization to remove and/or substitute a subcontractor(s) must be made in writing by the Contractor or subcontractor seeking removal or substitution. The request must be made on the form provided by the Owner/NOAB’s Director of Aviation or his/her designee. All requests for removal and/or substitution must be accompanied by documentation in support of the request. In the event that the subcontractor sought to be replaced is a Disadvantaged Business Enterprise (DBE), the Contractor or subcontractor making the request must submit the name(s) of replacement contractor(s) who are currently certified as a DBE by the NOAB DBE Liaison Office, and proof of certification. In all cases, the name(s) of the replacement contractors must be submitted with the request.

.1 The Owner/NOAB’s Director of Aviation or his/her designee shall distribute copies of the request and supporting documents to all members of the panel which shall review evidence, testimony and/or documents within seven (7) Calendar Days of the Director of Aviation or his/her designee’s receipt of the request, at a hearing convened for the purpose of taking and reviewing evidence. The subcontractor may waive the right to a hearing and ask that the matter be decided based upon documentary evidence.

.2 The panel shall consist of:

(a) A representative of the Owner/NOAB’s Director of Aviation or his/her designee.

(b) The NOAB’s DBE Liaison Officer.

(c) A representative of the Louis Armstrong New Orleans International Airport’s staff.

(d) A representative of the NOAB’s Legal Department.


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.3 All members of the panel shall have a vote with the exception of the Airport’s counsel, who shall sit solely in an advisory capacity.

8.05 No later than two (2) Business Days after the hearing is conducted, or in the event the hearing is waived, within ten (10) Calendar Days of receipt of a request, the panel shall issue a written decision making a recommendation to the NOAB’s DBE Committee, if the firm to be removed and/or substituted is a DBE firm. The DBE Committee shall make a recommendation to the panel which shall in turn make a recommendation to the Board. The Board shall make the final decision as to removal and/or substitution of any subcontractor.


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9.0 DIRECTOR OR DESIGNEE

9.01 The NOAB may delegate certain administrative functions under the Contract. The NOAB's Director of Aviation or his/her designee acts on behalf of the NOAB to ascertain that the Work is completed in accordance with the Contract Documents. In the event that the Director of Aviation or his/her designee makes such delegations, the Director of Aviation or his/her designee shall notify the Contractor in writing regarding the scope and limitations of each delegation. All communications between the Contractor and the NOAB shall be through the NOAB's Director of Aviation or his/her designee unless directed otherwise in the Summary of Work.

9.02 The Director of Aviation or his/her designee is authorized to call the Contractor’s attention to any Work or materials not conforming to the Summary of Work. He/she shall have the authority to reject materials or suspend the Work until any questions at issue can be referred to and decided by the Director of Aviation.

9.03 The Director of Aviation or his/her designee shall in no case act or be deemed to act as a foreman or agent of the Contractor.

9.04 The Director of Aviation or his/her designee shall at all times have access to the site and the Work wherever it is in preparation and progress. The Contractor shall provide every facility and assistance for access by such persons.

9.05 Notwithstanding the designation of the Director of Aviation or his/her designee in Article 9.01 above, the NOAB and the Director of Aviation are the only authorized persons empowered to make changes in the Contract Amount. The Director of Aviation has been delegated the authority to make changes to the Contract, without first consulting with the NOAB, in the amounts as follows:

.1 Individual Changes - 1/2% of the Contract Award Amount or $50,000, whichever is less, but always an amount up to and including $15,000, regardless of the Contract amount.

.2 Cumulative Changes - 5% of the Contract Award Amount or $200,000 whichever is less.

Changes in excess of the above amounts must be approved by the NOAB.


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10.0 PROTECTION OF EXISTING SITE CONDITIONS

10.01 The Contractor shall preserve and protect all structures, equipment, and vegetation (such as trees, shrubs, and grass) on or adjacent to the site which is not to be removed and which does not unreasonably interfere with the Work required under this Contract. Contractor must obtain the Director of Aviation or his/her designee’s prior written permission to remove any undesignated structures, equipment or vegetation.

10.02 The Contractor shall protect from damage all existing improvements and utilities:

.1 at or near the Work site, and

.2 on adjacent property of a third party, the locations of which are made known to or should be known by the Contractor.

10.03 The Contractor shall repair any damage resulting from failure to comply with the requirements of this Contract or failure to exercise reasonable care in performing the Work. The Contractor shall take measures as necessary and as directed by the Director of Aviation or his/her designee to divert cleaning water from all existing adjacent structures and facilities. In the event that cleaning water deposits soil, debris, or other material in off-site structures, channels, or culverts, the Contractor shall promptly remove the deposits and restore the areas to the satisfaction of the Director of Aviation or his/her designee. If the Contractor fails or refuses to repair the damage promptly, the NOAB may have the necessary Work performed and deduct the cost from the Contract amount.

10.04 The Contractor shall be responsible for the preservation of all public and private property. The Contractor shall be responsible for all damage or injury to property of any character, during the prosecution of the Work, resulting from any act, omission, neglect, or misconduct in its manner or method of executing the Work, or at any time due to defective Work or materials, and said responsibility shall not be released until all Contract services have been completed and accepted and the Contract expires, terminates, or is otherwise discontinued. When or where any direct or indirect damage or injury is done to public or private property by or on account of any act, omission, neglect, or misconduct in the execution of the Work, or in consequence of the non-execution thereof by the Contractor, it shall restore, at its own expense, such property to a condition similar or equal to that existing before such damage or injury was done, by repairing, or otherwise restoring as may be directed, or it shall make good such damage or injury in an acceptable manner.


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11.0 CONTRACT DOCUMENTS

11.01 The Contractor shall keep on the Site a copy of the Contract Documents and shall at all times give the Director of Aviation or his/her designee and its designees access thereto. Anything mentioned in the Summary of Work and not shown on the Facilities Layout Sketches, or shown on the Facilities Layout Sketches and not mentioned in the Summary of Work, shall be of like effect as if shown or mentioned in both. In case of an inconsistency between the Facilities Layout Sketches and Summary of Work or within either document not clarified by addendum, the better quality or greater quantity of Work shall be provided in accordance with the Director of Aviation or his/her designee’s interpretation. After notifying the Director of Aviation or his/her designee, in writing, of any error, inconsistency, or omission discovered in the Contract Documents, Contractor shall not proceed with any Work so affected without the Director of Aviation or his/her designee’s written decision. Any action or adjustment by the Contractor without such a determination shall be at its own risk and expense. The Director of Aviation or his/her designee shall furnish from time to time such detailed Facilities Layout Sketches and other information as considered necessary, unless otherwise provided.

11.02 The organization of the Summary of Work into sections and paragraphs and the arrangement of the Facilities Layout Sketches are not intended to control the Contractor in dividing the Work among subcontractors or in establishing the extent of Work to be performed by any trade.

11.03 The titles, headings, and organization of subjects contained in the Contract Documents are intended to facilitate reference only, and in no way define or limit the scope or intent of any of the requirements of the Contract.


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12.0 SUBMITTALS

12.01 Unless specified elsewhere in the Contract Documents, two (2) copies of all required submittals, if any, shall be transmitted to the Director of Aviation or his/her designee for review. One copy will be returned to the Contractor. Submittals shall include Product Data and Samples as defined below:

.1 Product Data are illustrations, standard charts, instructions, brochures, diagrams and other information furnished by the Contractor to illustrate a material, product or system for some portion of the Work.

.2 Samples are physical examples of materials, equipment and workmanship and establish standards by which the Work will be judged.

12.02 Contractor shall coordinate all such submittals and review them for accuracy, completeness, and compliance with Contract requirements and shall indicate its approval thereon as evidence of such coordination and review. Submittals to the Director of Aviation or his/her designee without evidence of the Contractor approval may be returned for resubmission. Submissions shall be made in a timely manner and in an orderly sequence so as to cause no delay to the Work as set forth in Special Provisions Article 3 (SCHEDULE, REPORTS, and PAYMENT APPLICATIONS).

12.03 A certificate of compliance shall be submitted by the Contractor certifying the source and intended use of all manufactured and fabricated materials that will be used during the Work.

12.04 The Director of Aviation or his/her designee shall review and approve or take other appropriate action upon Contractor's submittals, but only for conformance with the design concept of the Work and with the information given in the Contract Documents. The review or approval of a specific item shall not indicate approval of an assembly of which the item is a component. The Director of Aviation or his/her designee shall indicate an approval or disapproval of the submittal and, if not approved as submitted, shall indicate the reasons therefore.

12.05 Approval by the Director of Aviation or his/her designee shall not relieve the Contractor from responsibility for any errors or omissions in such drawings or from responsibility for complying with the requirements of this Contract, except with respect to variations described and approved in accordance with Article 12.06 below.

12.06 If any initial submittal or re-submittal shows variations from the Contract requirements, the Contractor shall describe such variations in writing on a separate transmittal letter at the time of submission.

12.07 Contractor shall keep adequate records of submittals and approvals so that an accurate up-to-date record file is maintained in his field office at all times.


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13.0 CONDITION OF MATERIAL

13.01 All equipment, material, and articles incorporated into the Work covered by this Contract shall be new and of the most suitable grade for the purpose intended, unless otherwise specifically provided.

13.02 Before ordering materials, equipment, or performing Work, the Contractor shall verify indicated dimensions. If discrepancy exists, the Contractor shall notify the Director of Aviation or his/her designee of same immediately in writing. The Director of Aviation or his/her designee shall then clarify the intended design. The Contractor shall take field measurements required for the proper fabrication and installation of the Work. Upon commencement of any item of Work, the Contractor shall be responsible for dimensions related to such item of Work.


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14.0 MATERIAL AND WORKMANSHIP

14.01 The Contractor shall obtain the Director of Aviation or his/her designee's approval of all areas of Work. When requesting approval, the Contractor shall furnish to the Director of Aviation or his/her designee the name of the manufacturer, the model number, and other information concerning the performance, capacity, nature, and equipment. When requesting approval, the Contractor shall provide full information concerning the material or articles. When directed to do so, the Contractor shall submit samples for approval at the Contractor's expense.


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15.0 INSPECTION

15.01 The word "Work" includes, but is not limited to, materials, workmanship, and manufacture and fabrication of components.

15.02 The Contractor shall maintain an adequate quality control system and perform such inspections and/or tests as will ensure the Work conforms to requirements of the Contract. The Contractor shall maintain complete inspection records and make them available to the Director of Aviation or his/her designee. The Director of Aviation or his/her designee shall have the right, but not the obligation, to witness all tests or inspections performed by the Contractor. The Director of Aviation or his/her designee shall have the right, but not the obligation, to approve all tests including approval of test procedures and test conditions to assure compliance with the Contract Documents.

15.03 The Work shall be conducted under the general observation of the Director of Aviation or his/her designeesand is subject to inspection and test by the Director of Aviation or his/her designees at all places and at all reasonable times before Final Acceptance to ensure strict compliance with the Contract Documents. Inspections and tests by the Director of Aviation or his/her designee are for the sole benefit of the Director of Aviation or his/her designee and do not:

.1 relieve the Contractor of responsibility for providing adequate quality control measures;

.2 relieve the Contractor of responsibility for damage to or loss of the material before acceptance;

.3 constitute or imply acceptance; or

.4 affect the continuing rights of NOAB after acceptance of the completed Work under Paragraph 15.06 below.

15.04 The presence or absence of the Director of Aviation or his/her designee of NOAB does not relieve the Contractor from any Contract requirement, nor may any Contract requirements be changed without the Director of Aviation or his/her designee's written authorization.

15.05 The Contractor shall promptly furnish, without additional charge, all facilities, labor, and material reasonably needed for performing such safe and convenient inspections as may be required by the Director of Aviation or his/her designee. The Director of Aviation or his/her designee will charge to the Contractor any additional cost of inspection when work is not ready at the time specified by the Contractor for inspection, or when prior rejection makes re-inspection necessary. The Director of Aviation or his/her designee will perform all inspections in a manner that will not unnecessarily delay the Work. Quality assurance inspections by the Director of Aviation or his/her designee in no way relieves the Contractor from quality control as specified in the General Provisions.


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15.06 The Contractor shall, without charge, replace or correct Work found by the Director of Aviation or his/her designee not to conform to the Contract requirements unless NOAB consents to accept the nonconforming Work with an appropriate adjustment in the Contract amount. The Contractor shall promptly segregate and remove rejected material from the premises. If the Contractor does not promptly replace or correct rejected Work, NOAB may do one or more of the following:

.1 by contract or otherwise, replace or correct the Work and charge the cost to the Contractor, or

.2 terminate for default the Contractor's right to proceed.

15.07 Unless otherwise specified in the Contract, the NOAB shall accept, as promptly as practicable after completion and inspection, all Work required by the Contract or that portion of the Work the NOAB determines can be accepted separately. Acceptance by the NOAB shall be final and conclusive except for latent defects, fraud, gross mistakes amounting to fraud, or the NOAB's rights under any warranty or guarantee.


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16.0 NO REDUCTION OF OPERATIONS AND NOTICE OF LABOR DISPUTES

16.01 If the Contractor has knowledge that any actual or potential labor dispute is delaying or threatens to delay the timely performance of this Contract, the Contractor shall immediately give notice, including all relevant information to the Director of Aviation or his/her designee.

16.02 The Contractor agrees to insert the substance of this General Provision Article 16 in any subcontract under which a labor dispute may delay the timely performance of this Contract; except that each subcontract shall provide that in the event its timely performance is delayed or threatened by delay by any actual or potential labor dispute, the subcontractor shall immediately notify the next higher tier subcontractor or the Contractor, as the case may be, of all relevant information concerning the dispute.

16.03 If the Work required under the Contract should be interrupted by a labor dispute involving the Contractor’s own employees, or by Contractor’s employees honoring a picket line at the Airport, or by refusal of such employees to perform their duties as required for rendition of the Contractor’s services hereunder, the Contractor shall, as soon as possible, provide substitute services. Should the Contractor be unable to do so, the NOAB may then provide substitute services. In such an event, the Contractor shall continue to be obligated under the Contract and shall also pay the NOAB all expenses for the replacement services due under the Contract plus any loss sustained by the NOAB in providing the substitute services.


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17.0 JANITORIAL SERVICES RECORDS

17.01 The Contractor shall keep a complete and accurate record of all work completed and deviations from the Contract Document’s Summary of Work, indicating the Work as actually completed. The Director of Aviation or his/her designee shall at all times have access to review the above records for completeness and accuracy.

17.02 The Director of Aviation or his/her designee may withhold twenty-five percent (25%) of progress payments or other amounts deemed appropriate by the Director of Aviation or his/her designee if the Contractor fails to comply with the requirements of this General Provisions.


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18.0 SUSPENSION OF WORK

18.01 The Director of Aviation or his/her designee may order the Contractor in writing to suspend, delay, or interrupt all or any part of the Work for such period of time as NOAB may determine to be appropriate for the convenience of NOAB.

18.02 Upon receipt of the order, the Contractor shall immediately comply with its terms and take all reasonable steps to minimize incurring costs allocable to the Work covered by the order during the period of Work stoppage.

18.03 An adjustment shall be made for any increase in cost of performance of this Contract (excluding profit) necessarily caused by such unreasonable suspension, delay, or interruption, and the Contract modified in writing accordingly, if the performance of all or any part of the Work is, for an unreasonable period of time, suspended, delayed, or interrupted by:

.1 an act of the NOAB in the administration of this Contract, or

.2 by the NOAB's failure to act within the time specified in this Contract (or, if no time is specified, within a reasonable time)

18.04 No adjustment shall be made under these General Provisions for any suspension, delay, or interruption to the extent

.1 that performance would have been suspended, delayed, or interrupted by any other cause, including the fault or negligence of the Contractor, or

.2 for which an equitable adjustment is provided for or excluded under any other provision of this Contract.

18.05 No claim under these General Provisions shall be allowed:

.1 for any costs incurred more than twenty (20) calendar days before the Contractor shall have notified the Director of Aviation or his/her designee in writing of the act or failure to act involved, (but this requirement shall not apply as to a claim resulting from a suspension order), and

.2 unless the claim, in an amount stated, is asserted in writing as soon as practicable after the termination of such suspension, delay, or interruption, but not later than the date of Final Payment.


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19.0 CHANGES IN CONTRACT TIME

19.01 Only unavoidable delays shall entitle the Contractor to an extension of the Contract Time, and then only provided the provisions of this section and Special Provisions, Article 3 (SCHEDULE, REPORTS and PAY APPLICATIONS), are followed. Avoidable delays shall not entitle the Contractor to an extension of the Contract time.

19.02 Avoidable delays in the prosecution or completion of the Work shall include:

.1 All delays which could have been avoided by the exercise of care, prudence, foresight, and diligence on the part of the Contractor or his subcontractors and suppliers at any tier, including delays arising out of the improper termination, removal or substitution of an DBE contractor;

.2 Delays which do not necessarily prevent or delay the controlling activities of the Work or the completion of all the Work or the Work required to be completed by an interim milestone date (if any) within the time specified;

.3 Reasonable delays resulting from time required by NOAB or the Director of Aviation or his/her designee for approval of submittals by the Contractor and for the making of surveys, measurements, and inspections; and delays arising from interruptions occurring in the prosecution of the Work and for reasonable interfaces from other contractors performing work for Owner/NOAB which do not necessarily prevent the completion of all the Work or the Work required to be completed by an interim milestone date (if any) within the time specified; and

.4 Delays which might be unavoidable due to causes set forth in Article 19.03 below, but which are concurrent with other avoidable delays, which are the Contractor's responsibility, such that completion of all the Work, or that portion of the Work subject to an interim milestone date (if any), would be delayed in any event.

19.03 Unavoidable delays in the prosecution or completion of the Work shall include all delays (other than avoidable delays as defined above) which result from causes beyond the control and without the fault or negligence of Contractor and its subcontractors and suppliers at any tier. Delays caused by other contractors performing work for the Owner/NOAB shall be considered unavoidable delays only insofar as they interfere with the Contractor's completion of all the Work or the portion of the Work required to be completed by an interim milestone date (if any) within the time specified.

19.04 Delays due to normal adverse weather conditions shall not be regarded as unavoidable delays insofar as they interfere with the Contractor's completion of the Work, as the Contractor agrees to plan and schedule the Work with prudent allowances for normal adverse weather conditions as specified in Special Provisions Article 3 (SCHEDULES AND REPORTS). Delays caused by Acts of God, fire, unusually severe weather, floods, earthquakes, epidemics, quarantine restrictions, riot, act of the public enemy, strikes


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and labor disputes and freight embargoes shall be considered unavoidable delays only insofar as they interfere with the Contractor's completion of the Work.

19.05 The NOAB shall grant the Contractor an extension of time, not exceeding the number of days of unavoidable delay experienced by the Contractor, if the Director of Aviation or his/her designee determines:

.1 that the Contractor has experienced unavoidable delay,

.2 that such delay has affected the controlling activities of the Work, and

.3 that such delay has prevented completion of the Work within the Contract time (or completion of a portion of the Work required to be completed by an interim milestone date within the specified time).

19.06 The Contractor shall have no remedy for damages against NOAB for costs caused by unavoidable delay, and the time extension provided by Article 19.05 shall be the Contractor's sole remedy.


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20.0 TERMINATION FOR CONVENIENCE

20.01 The NOAB may, whenever the interests of NOAB so require, terminate this Contract, in whole or in part, for the convenience of the NOAB. The NOAB shall give thirty (30) day written notice of the termination to the Contractor specifying the extent of termination and the effective date of termination.

20.02 The Contractor shall incur no further obligations in connection with the terminated Work, and, on the date set in the notice of termination, the Contractor shall stop Work to the extent specified. The Contractor shall also terminate outstanding orders and subcontracts as they relate to the terminated Work. With approval or ratification of NOAB, the Contractor shall settle the liabilities and claims arising out of the termination of subcontracts and orders connected with the terminated Work. The NOAB may direct the Contractor to assign the Contractor's right, title, and interest under the terminated orders or subcontracts to NOAB. The Contractor must still complete the Work not terminated by the notice of termination and may incur obligations as are necessary to do so.

20.03 The Director of Aviation or his/her designee may require the Contractor to transfer title and deliver to NOAB in the manner and to the extent directed by the Director of Aviation or his/her designee:

.1 for fabricated or non-fabricated parts, Work in process, completed Work, supplies, and other material produced or acquired for the Work terminated; and

.2 the completed or partially completed plans, drawings, information, and other property that, if the Contract had been completed, would be required to be furnished to NOAB.

20.04 The Contractor shall, upon direction of the Director of Aviation or his/her designee, protect and preserve property in the possession of the Contractor in which NOAB has an interest. If NOAB does not exercise its right to take possession, the Contractor shall use its best efforts to sell such supplies and manufacturing materials. The proceeds of any transfer or disposition shall be applied to reduce any payments to be made by NOAB, credited to the price or cost of the Work, or paid in any other manner directed by the Director of Aviation or his/her designee.

20.05 After termination, the Contractor shall submit a final termination settlement proposal to the Director of Aviation or his/her designee in the form and with the certification prescribed by the Director of Aviation or his/her designee. The Contractor shall submit the proposal promptly, but no later than one (1) year from the effective date of termination, unless extended in writing by the Director of Aviation or his/her designee upon written request of the Contractor within this one (1) year period. However, if the Director of Aviation or his/her designee determines that the facts justify it, a termination settlement proposal may be received and acted on after one (1) year or any extension. If the Contractor fails to submit the proposal within the time allowed, the Director of


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Aviation or his/her designee may determine, on the basis of information available, the amount, if any, due the Contractor due to the termination and shall pay the amount determined.

20.06 Subject to Article 20.05 above, the Contractor and the NOAB may agree upon the whole or any part of the amount to be paid due to the termination. The amount may include a reasonable allowance for profit on Work done but no amount shall be allowed for anticipated profit on unperformed services. However, the agreed amount, whether under this Article 20.06, or Article 20.07 below, exclusive of costs shown in Article 20.07.1 below, may not exceed the total Contract price as reduced by:

.1 the amount of payments previously made; and

.2 the Contract price of Work not terminated.

The Contract shall be amended, and the Contractor paid the agreed amount.

20.07 If the parties are unable to agree on the amount of a termination settlement, the NOAB shall pay the Contractor the following amounts:

.1 For Contract Work performed before the effective date of termination, the total (without duplication of any items) of:

(a) the cost of the portion of the Work performed before the effective date of termination;

(b) the cost of settling and paying termination settlement proposals under terminated subcontracts that are properly chargeable to the terminated portion of the Contract if not included in subparagraph (a), above; and

(c) a sum, as profit on (a), above, determined by the Director of Aviation or his/her designee to be fair and reasonable; however, if it appears that the Contractor would have sustained a loss on the entire Contract had it been completed, the Director of Aviation or his/her designee shall allow no profit under this subparagraph (c), and shall reduce the settlement to reflect the indicated rate of loss.

.2 The reasonable costs of settlement of the Work terminated, including:

(a) accounting, legal, clerical, and other expenses reasonably necessary for the preparation of termination settlement proposals and supporting data;

(b) the termination and settlement of subcontracts (excluding the amounts of such settlements); and

(c) storage, transportation, and other costs incurred, reasonably necessary for the preservation, protection, or disposition of the termination inventory.


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21.0 TERMINATION FOR DEFAULT

21.01 The Contractor shall be considered in default of its Contract and such default shall be considered as cause for Owner/NOAB to terminate the Contract for any of the following reasons if the Contractor:

.1 Fails to begin the Work under the Contract within the time specified in the “Notice to Proceed;”

.2 Fails to perform the Work or fails to provide sufficient workers, equipment or materials to assure completion of Work in accordance with the terms of the Contract;

.3 Performs the Work unsuitably or neglects or refuses to remove materials or to perform anew such Work as may be rejected as unacceptable and unsuitable;

.4 Discontinues the prosecution of the Work;

.5 Fails to resume Work which has been discontinued within a reasonable time after notice to do so;

.6 Becomes insolvent or is declared bankrupt, or commits any act of bankruptcy or insolvency;

.7 Allows any final judgment to stand against him unsatisfied for a period of ten (10) days;

.8 Makes an assignment for the benefit of creditors;

.9 For any other cause whatsoever fails to carry on the Work in an acceptable manner; or

.10 Breaches any other obligation(s) of the Contract.

21.02 Should the Director of Aviation or his/her designee consider the Contractor in default of the Contract for any reason hereinbefore, he shall immediately give written notice to the Contractor and the Contractor's Surety as to the reasons for considering the Contractor in default and NOAB/Owner's intentions to terminate the Contract.

21.03 If the Contractor or Surety, within a period of ten (10) Calendar Days after such notice, does not proceed in accordance therewith, then NOAB/Owner shall, upon written notification from the Director of Aviation or his/her designee of the facts of such delay, neglect, or default and the Contractor's failure to comply with such notice, have full power and authority without violating the Contract, to take over the prosecution of the Work.. NOAB/Owner may appropriate or use any or all acceptable materials and equipment mobilized for use in the Work and may enter into an agreement for the completion of said Contract according to the terms and provisions thereof, or use such other methods as in the opinion of the Director of Aviation or his/her designee shall be required for the completion of said Contract in an acceptable manner.


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21.04 All costs and charges incurred by NOAB/Owner, together with the cost of completing the Work under Contract, shall be deducted from any monies due or which may become due the Contractor. If such expense exceeds the sum which would have been payable under the Contract, then the Contractor and the Surety shall be liable and shall pay to NOAB/Owner the amount of such excess.

21.05 The Contractor's right to proceed shall not be terminated because of delays nor the Contractor charged with damages under this General Provision, if:

.1 the delay in completing the Work arises from unavoidable delay beyond the control and without the fault or negligence of the Contractor and subcontractors or suppliers at any tier; and

.2 the Contractor timely notifies the Director of Aviation or his/her designee in writing of the causes of the delay in accordance with Special Provision Article 3 (SCHEDULE, REPORTS and PAYMENT APPLICATIONS), General Provision Article 18 (SUSPENSION OF WORK), and General Provision Article 19 (CHANGES IN CONTRACT TIME).

21.06 If, after termination of the Contractor's right to proceed, it is determined that the Contractor was not in default, or that the delay was excusable, the rights and obligations of the parties shall be the same as if the termination had been issued for the convenience of NOAB.

21.07 The rights and remedies of NOAB in these General Provisions are in addition to any other rights and remedies provided by law or under this Contract.


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22.0 INTENTIONALLY OMITTED


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24.0 TIME OF ESSENCE

Time is of the essence for all delivery, performance, submittal, and completion dates in this Contract.


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25.0 CHANGES IN THE WORK

25.01 The NOAB may, at any time, without notice to the Sureties, if any, by written order designated or indicated to be a Change Order, make changes in the Work within the general scope of the Contract, including without limitation to any one or more of the following changes:

.1 in the Summary of Work (including work areas, tasks, frequency and square footage);

.2 in the method or manner of performance of the Work;

.3 in the NOAB-furnished facilities, equipment, materials, services, or site;

.4 directing acceleration in performance of the Work;

.5 an increase or decrease in the square footage of airport property requiring janitorial services under this Contract; or

.6 suspension of Work or stop Work Orders.

25.02 Any other direction or order, other than a direction or order relating to any violation of the Contract (which, as used in this Article 25.02, includes direction, instruction, interpretation, or determination), from the Director of Aviation or his/her designee that causes such change shall be treated as a Change Order under this Article, provided, that the Contractor gives the Director of Aviation or his/her designee written notice stating:

.1 the date, circumstances, and source of the order; and

.2 the Contractor regards the order as a Contract Change Order.

25.03 Except as provided in General Provision Article 25, no order, statement, or conduct of NOAB or Director of Aviation or his/her designee shall be treated as a change or entitle the Contractor to an equitable adjustment.

25.04 Unscheduled Work included in the Bid price: NOAB will require the Contractor to perform Unscheduled Work. Unscheduled Work means work that is needed due to unexpected occurrences, and exceeds the scope of the regular, recurring scheduled janitorial services specified in Summary of Work, for example, cleaning services needed as a result of major overflow of backed up plumbing or a roof leak. The Contractor’s bid includes 2000 hours of Unscheduled Work each year. Compensation for Unscheduled Work in excess of the 2000 hours per year shall be determined by the hourly rate sheet provided in the Work Plan.

25.05 If any Change Order under these General Provisions causes an increase or decrease in the Contractor's cost, or the time required for, the performance of any part of the Work under this Contract, whether or not changed by any such Change Order, the NOAB shall make an equitable adjustment and modify the Contract in writing. However, except for a "proposal for adjustment" (hereafter referred to as proposal) based on defective Summary of Work, no proposal for any change under Article 25 shall be allowed for any


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costs incurred more than twenty (20) days before the Contractor gives written notice as required. In the case of a defective Summary of Work for which the NOAB is responsible, the equitable adjustment shall include any increased cost reasonably incurred by the Contractor in attempting to comply with the defective Summary of Work.

25.06 If the Contractor intends to assert a claim for equitable adjustment, the Contractor must, within thirty (30) days after:

.1 receipt of a written Change Order under Article 25.01 above, or

.2 the furnishing of a written notice under Article 25.02 above, submit to the Director of Aviation or his/her designee a written statement describing the general nature and amount of the proposal with supporting documents reflecting Contractors increased or decreased costs, unless this period is extended by the Director of Aviation or his/her designee. The statement of proposal for adjustment may be included in the notice under Article 25.02 above.

25.07 If for any reason the Contractor deems that additional compensation is due for work or materials not clearly provided for in the Contract, plans, or Summary of Work, or previously authorized as extra work, he shall notify the Director of Aviation or his/her designee in writing of his/her intention to claim such additional compensation before beginning the Work on which the claim is based. If such notification is not given, or the Director of Aviation or his/her designee is not afforded proper opportunity by the Contractor for keeping strict account of actual cost as required, then the Contractor hereby agrees to waive any claim for such additional compensation. Such notice by the Contractor and the fact that the Director of Aviation or his/her designee has kept account of the cost of the work shall not in any way be construed as proving or substantiating the validity of the claim. When the work on which the claim for additional compensation is based has been completed, the Contractor shall, within ten (10) calendar days, submit his/her written claim to the Director of Aviation or his/her designee who will present it to the Owner for consideration in accordance with local laws or ordinances.

Nothing in this subsection shall be construed as a waiver of the Contractor's right to dispute final payment based on differences in measurements or computations.

25.08 No proposal by the Contractor for an equitable adjustment shall be allowed if asserted after final payment under this Contract.

25.09 Failure to agree to any adjustment shall be a dispute within the meaning of General Provisions Article 48 (DISPUTES). However, nothing in the General Provisions shall excuse the Contractor and/or Surety from proceeding with the Contract Work as directed by the NOAB. The NOAB reserves the right to unilaterally set the amount of the adjustment until the dispute is resolved.

25.10 The NOAB may issue a Notice to Proceed (NTP) for the changes in Work prior to having an agreed upon firm price and/or fully executed Contract Change Orde. This fast-action


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NTP shall be used when time is of the essence and a delay to the Work cannot be absorbed within the existing schedule. When a NTP is issued, the Contractor is required to track all expenditures in accordance with General Provisions, Article 29 (TIME AND MATERIALS CHANGES PRICING) until the full price of the change can be settled using one or more of the methods specified in General Provisions, Article 28.02 (COMPENSATION FOR CHANGES IN THE WORK). Payment for the Work shall not be authorized until the Contract Change Order is executed, unless approved on an exception basis.


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26.0 MODIFICATION PROPOSALS - PRICE BREAKDOWN

26.01 The Contractor, in connection with any proposal it makes for a Contract Change Order or Work Order, shall furnish a price breakdown, detailed, itemized and in the format as requested by the Director of Aviation or his/her designee. Unless otherwise directed, the breakdown shall be in sufficient detail to permit an analysis of, and shall specifically identify as separate detailed items all material, labor, equipment, subcontract, and overhead costs, as well as profit, and shall cover all work involved in the Contract Change Order or Work Order, whether such Work was deleted, added or changed. Any amount claimed for subcontracts shall be supported by similar detail. In addition, if the proposal includes a time extension, a justification therefore shall also be furnished. The Contractor shall provide an updated Work Plan in accordance with Instructions to Bidders Article 3.21.1(a) and the proposal, together with the price breakdown.

26.02 The Contractor shall include in the proposal the dollar value and the percentage of DBE participation associated with the Contract Change Order and the identity of the DBE contractor(s). The Special Provision Article 2 obligates the NOAB and its contractors to ensure that Disadvantaged Business Enterprises (DBE), as defined in the NOAB Disadvantaged Business Enterprise Program have the maximum opportunity to participate in the performance of contracts and subcontracts. In this regard, it is necessary to maintain or exceed the level of DBE participation which, unless otherwise approved, was submitted with the original bid.


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27.0 REQUESTS FOR SUBSTITUTIONS

27.01 Unless otherwise specifically provided in this Contract Document, the following procedures shall be in effect for approval of substitutions. All equipment, material, and items incorporated in the Work covered by the Contract are to be new and of the highest suitable grade for the purpose intended. For convenience in designation on the Facilities Layout Sketches or in the Summary of Work, certain items or materials to be incorporated in the Work may be designated under trade names or the names of manufacturers and their catalog information. Except in those instances where the product is designated to match others in use in a particular improvement, either completed or in the course of completion, the use of an alternative item or material which the Contractor represents to be of the required characteristics for the purpose intended may be permitted, subject to each of the following requirements. Wherever in the Contract the name of a certain brand, make, manufacturer, or definite specification is utilized, they are being used only to denote the quality standard of the product desired; they do not restrict Contractor to the specific brand, make, manufacturer, or specification named; they are used only to set forth and convey the generals style, type, character and quality of product desired; equivalent products will be acceptable. It shall be the responsibility of the Director of Aviation or his/her designee to determine what is considered an equivalent product.

27.02 The products, materials and equipment of manufacturers referred to in the Summary of Work and on the Facility Layout Sketches are intended to establish the standard of quality and service required of the Contractor by the Director of Aviation or his/her designee. However, products, materials and equipment of manufacturers, other than those specified, may be used. Prior written approval of the Director of Aviation or his/her designee is required. The Contractor shall provide information related to the requested substitution in accordance to General Provisions, Article 12 (SUBMITTALS).

27.03 The Director of Aviation or his/her designee with his/her designee’s recommendation, approve all proposed substitute products, materials, and equipment and shall issue written approval or rejection of the substitution to the Contractor. Approval of substitutions shall not relieve the Contractor from responsibility for compliance with all the requirements of Contract Documents.

27.04 If the Contractor desires to use a substitute item, it shall submit complete supporting documentation to the Director of Aviation or his/her designee.

27.05 Prior to proposing any substitute item, the Contractor shall satisfy itself that the item is in fact equal to that specified, that it shall fit into the space allocated, that it affords comparable ease of operation, maintenance and service, that its appearance, longevity and suitability for the climate and use are comparable to that specified, and that the substitution is in NOAB's interest.

27.06 The burden of proof shall be upon the Contractor, which shall support its request with sufficient test data and other means to permit the Director of Aviation or his/her


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designee to make a fair and equitable decision on the merits of the proposal. Any item by any manufacturer other than those cited in the Contract Documents or of brand name or equal or of generic species other than those cited in the Contract Documents shall be considered a substitution.

27.07 Materials and methods proposed as substitutions for specified items may be supported by certification of their acceptance for use by any authority, person, or persons having jurisdiction over the use of the specified material or method.

27.08 All costs for the evaluation of proposed substitutions, whether approved or not, shall be borne by the Contractor. The Contractor shall be responsible at its own expense for any changes in other parts of the Work or the Work of other contractors caused by approved substitutions, including cost of all design and redesign services related thereto incurred by NOAB and its Consultants, which shall be deducted from the Contract amount by Contract Change Order.

27.09 When so directed, samples shall be submitted for approval at the Contractor's expense, with all shipping charges prepaid. Machinery, equipment, material and items installed or used without required approval shall be at the risk of subsequent rejection, and Contractor shall bear all direct, indirect, and consequential costs associated with removal and replacement.


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28.0 COMPENSATION FOR CHANGES WHICH DECREASE THE WORK

28.01 In the event that a Contract Change Order results in a net decrease in the areas requiring janitorial services or net decrease in the amount of janitorial services requested, the net decrease shall be determined by application of one, or a combination of the methods set forth in this Article. The Director of Aviation or his/her designee shall determine which method will be used.

.1 Net decrease determined by Unit Price Method—

(a) By unit prices provided in the hourly rate sheet provided in the Work Plan, if any, for any and all changed Work of similar description. Contractor’s Bid includes 2,000 hours of Unscheduled Work for janitorial services not otherwise specifically delineated as a work item on the Summary of Work. Should NOAB request Contractor perform additional Unscheduled Work beyond the 2,000 hours per year of Unscheduled Work already provided for under the Contract, the hourly rate for the additional Unscheduled Work shall be determined by the hourly rate sheet provided in the Work Plan.

(b) Any unused portion of the 2,000 hours shall roll over from year to year and can be banked throughout the duration of the Contract.

For changed Work that does not have bid unit prices established for similar Work, unit prices agreed to in writing by the NOAB and the Contractor before the Contract Change Order is commenced, subject to all other conditions of the Contract.

.2 Net decrease determined by Square Foot Method—

(a) The same amount per square foot for cleaning new areas not originally included in the Summary of Work and Contract Documents as the Contractor is paid for areas included in Summary of Work.

(b) The per-square-foot cost of janitorial services shall be determined at the time the Director of Aviation or his/her designee makes a written request to decrease janitorial services to areas not previously included in the Contract Summary of Work.

(c) The per-square-foot cost of janitorial services shall be calculated by determining the total number of square feet of janitorial services under the Contract, divided by the annual contract amount.

.3 Net decrease determined by Lump Sum Method – By using a lump sum price agreed to in writing by the NOAB and the Contractor before the Contract Change Order Work is commenced, subject to all other conditions of the Contract. If the lump sum method is selected, the unit prices for quantities of Work within the lump sum are to be based on Article 28.01.1 above, if the added Work is of


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similar nature to that covered by the hourly rate sheet provided in the Work Plan.

.4 Net decreased determined by Time and Materials Method - By using the actual cost of the Work plus a reasonable markup for overhead and profit as described below in General Provisions, Article 29 (TIME AND MATERIALS CHANGES PRICING).

28.02 In the process of arriving at and agreeing on a final price, the categories of cost to be included as Overhead (job site and home office) are as defined in Article 29.02.4 below.

28.03 The NOAB has the right to verify the data submitted by audit or by whatever means determined by NOAB.


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29.0 COMPENSATION FOR CHANGES WHICH INCREASE THE WORK

29.01 A Change in the Work performed by the Contractor and which results in a net increase in the work and is authorized by NOAB in accordance with General Provision Article 25 (CHANGES IN WORK), shall be paid for only in the manner described below, and the compensation thus provided shall be accepted by the Contractor as payment in full for all janitorial services, including but not limited to all labor, materials, tools, equipment, and incidentals, Superintendents' and time-keepers' services, all insurance, bond, all other overhead expense, and profit incurred in the prosecution of the Contract Change Order. The Director of Aviation or his/her designee shall determine which method will be used. The NOAB will not provide any equitable adjustment for the increase in janitorial services required during the course of performance of this Contract which are disclosed in the Contract Documents.

29.02 Net increase determined by Unit Price Method- By unit prices provided in the hourly rate sheet provided in the Work Plan, if any, for any and all changed Work of similar description. Contractor’s Bid includes 2,000 hours of Unscheduled Work for janitorial services not otherwise specifically delineated as a work item on the Summary of Work. Should NOAB request Contractor perform additional Unscheduled Work beyond the 2,000 hours per year of Unscheduled Work already provided for under the Contract, the hourly rate for the additional Unscheduled Work shall be determined by the hourly rate sheet provided in the Work Plan. Any unused portion of the 2,000 hours shall roll over from year to year and can be banked throughout the duration of the Contract.

29.03 Net increase determined by Time and Materials Method - In the event a Contract Change Order is to be performed using this method, all costs must be properly documented and submitted to the Director of Aviation or his/her designee for verification. However, if the hourly labor rate charged by a subcontractor is less than the Contractor’s hourly labor rate for the same services, the lower hourly rate shall apply.

Compensation for Contract Change Orders accomplished under the time and materials method shall include the following:

.1 Labor. The hourly rate for the additional Unscheduled Work shall be determined by the hourly rate sheet provided in the Work Plan.

.2 Materials. The net cost of materials and supplies incorporated into the Contract Change Order; power costs, fuel, lubricants, water and similar direct operating expenses associated with the Contract Change Order will also be included (except where such costs are part of the equipment rates as specified below).

.3 Equipment. Contractor-owned trucks, machinery and equipment shall be paid for at the rates specified in the current issue of the Equipment Ownership and Operating Expense Schedule, Region III, published by the U.S. Army Corps of Engineers, EP 1110-1-8. Such payment shall be only for the time actually used on


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such changed Work, including mobilization and demobilization and shall be full compensation for the use of the trucks, machinery and equipment including fuel, lubricants, water, depreciation and similar operating expenses. For leased or rented trucks, machinery, and equipment, payment shall be limited to reasonable actual and verifiable costs.

.4 Mark-up. For Work performed by the Contractor’s own employees, the markup for overhead and profit shall be limited to 15%. Markup shall be identified in the proposal. Each markup shall be taken as a percentage of the actual cost and then added as part of the sum total due. The Contractor is allowed a 5% markup on subcontractor’s work performed to compensate for overhead cost. Overhead (job site and home office) includes but is not limited to:

(a) All site staff above shift-supervisor level, including Project manager, Job Manager, office managers and secretaries.

(b) Site office, including all passenger, office or storage vehicles, trailers, phone and utilities, furniture, copier, computer hardware/software/ connections, office supplies.

(c) The cost of processing Contract Change Orders, including estimating and negotiation.

(d) Supervision and implementation of the Work.

(e) All other costs associated with the management of the Project including insurance (liability, auto, umbrella, etc.).

29.04 The compensation as herein provided for shall be payment in full for Contract Change Orders or Work Orders performed on the time and materials basis. Daily cost records shall be made upon forms provided for this purpose by the Director of Aviation or his/her designee and signed on each individual day that the time and materials Work occurs, by both the Director of Aviation or his/her designee's and the Contractor, one copy being forwarded to the Director of Aviation or his/her designee and one to the Contractor.


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30.0 VARIATION IN ESTIMATED QUANTITY

30.01 The Owner reserves and shall have the right to make such alterations in the Work as may be necessary or desirable to complete the Work originally intended in an acceptable manner. Unless otherwise specified herein, the Director of Aviation or his/her designee shall be, and is hereby authorized to make such alterations in the Work as may increase or decrease the originally awarded Contract quantities, or frequency provided that the aggregate of such alterations do not change the total Contract cost or the total cost of any major Contract item by more than 25% (total cost being based on the unit prices and estimated quantities in the awarded Contract). Alterations which do not exceed the 25% limitation shall not invalidate the contract nor release the Surety, and the Contractor agrees to accept payment for such alterations as if the altered Work had been a part of the original Contract. These alterations which are for Work within the general scope of the Contract shall be covered by Change Orders issued by the Director of Aviation or his/her designee. Change Orders for altered work shall include extensions of Contract time where, increases or decrease in frequency or quantities, for which in the Director of Aviation or his/her designee’s opinion, for which such extensions are commensurate with the amount and difficulty of added Work.

30.02 Should the aggregate amount of altered Work exceed the 25% limitation hereinbefore specified, such excess altered Work shall be covered by Change Order. If the Director of Aviation or his/her designee and the Contractor are unable to agree on a unit adjustment for any Contract item that requires a Change Order, the Director of Aviation or his/her designee reserves the right to terminate the Contract with respect to the item and make other arrangements for its completion.


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31.0 PROGRESS PAYMENTS

31.01 The Contract amount is stated in the Contract and, including authorized adjustments, is the total amount payable by NOAB to the Contractor for performance of the Work under the Contract Documents.

31.02 Contractor shall furnish a breakdown of the total Contract amount in accordance with Special Provisions Article 3 (SCHEDULE, REPORTS and PAYMENT APPLICATIONS), or in such detail as requested by Director of Aviation or his/her designee to provide a basis for determining progress payments.

31.03 All Work covered by progress payments shall, at the time of the payment, become the sole property of the NOAB, but this shall not be construed as relieving the Contractor from the sole responsibility for Work upon which payments have been made or the restoration of any damaged Work, the maintenance of insurance thereon, or waiving the right of the Director of Aviation or his/her designee to require the fulfillment of all of the terms of the Contract.

31.04 Following receipt of proper pay requests, NOAB shall make monthly progress payments as the Work proceeds and as approved by the Director of Aviation or his/her designee. A proper pay request must consist of:

.1 the name and address of the contractor and the pay period;

.2 Contract number or other authorization for delivery of property or services; and

.3 certification as set forth in Article 31.05 submitted on the Director of Aviation or his/her designee’s pay request form, as applicable; and any other supporting documentation or information substantiating the Contractor's right to payment as the Director of Aviation or his/her designee may require including copies of executed Contract modifications for which payment is being requested. All subcontractor invoices submitted to Contractor not less than three (3) Working Days before pay requests are to be submitted to the Director of Aviation or his/her designee, and must be included in each Contractor pay request.


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31.05 With the submission of each request for a payment, the Contractor shall certify the following:

"I CERTIFY that the above statement (with attachments) has been prepared from the books and records of the above named Contractor in accordance with the Contract and the instruction hereon that all the costs of the Contract performance (except as herewith reported in writing) have been paid to the extent shown herein or where not shown as paid have been paid or shall be paid currently by the Contractor when due in the ordinary course of business, that the Work reflected above has been performed, that the quantities and amounts involved are consistent with the requirements of the Contract, that there are no encumbrances except as reported in writing herewith, or on all previous progress pay requests against the completed construction and allocated or properly chargeable to the Contract which would affect or impair NOAB/Owner’s title, and that there has been no materially adverse change in the financial condition of the Contractor since the submission of the most recent written information submitted in conjunction with post bid qualification documents by the Contractor to the Owner/NOAB in connection with the Contract.”

31.06 Contractor may submit payment requests only once each month in accordance with the Payment Schedule provided by the Director of Aviation or his/her designee and the applicable billing cycle.

31.07 Proper pay requests must be received by Director of Aviation or his/her designee by the 5th day of each month for payment to be processed in a timely manner. Any reports required to be submitted with pay requests must be submitted in electronic form or as otherwise directed by the Director of Aviation or his/her designee. Request for payment shall be submitted to the Director of Aviation or his/her designee with one original. No interest shall be paid on amounts due in the event that the payment is made after the corresponding check release date.

31.08 If the Director of Aviation or his/her designee deems a pay request to be improper or defective, the Director of Aviation or his/her designee shall return the pay request for the Contractor's resubmission. In the event that portions of the pay request are withheld the balance of eligible charges shall be processed for payment.

31.09 The Director of Aviation or his/her designee, at its sole discretion, may withhold all or part of any payment otherwise due the Contractor if any one of the following conditions exist:

.1 Defective Work or failure to execute the Work in its sole discretion in strict accordance with the Contract documents;

.2 Unauthorized deviations from the Contract Documents;

.3 Damage to another contractor;

.4 Work not fully completed or corrected after substantial or final completion;


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.5 Reasonable doubt that the Work shall be completed within the Contract time; and that the unpaid Contract balance would not be adequate to cover actual or liquidated damages for the anticipated delay;

.6 Failure to keep current records at the Site as required by General Provisions, Article 17 (JANITORIAL SERVICES RECORDS);

.7 Unpaid amounts owed to NOAB for fees and charges for services or permits, assessments for damage to NOAB property, or property of other tenants, or use of NOAB facilities and services.

.8 Failure to comply with the requirements of City Code sections 70-496, et seq., in accordance with General Provisions, Article 35 (WAGE RATES, PAYROLLS AND BASIC RECORDS);

.9 Failure to comply with the requirements of Special Provisions, Article 3 (SCHEDULE, REPORTS AND PAYMENT APPLICATIONS);

.10 Errors due to any cause that may be discovered in any previous progress payment; or

.11 Failure to pay subcontractors within five (5) Working Days of receipt of payment from the NOAB.

When the above reasons for withholding payment are resolved, payment shall be made for amounts previously withheld without interest.

31.10 Based upon progress payment applications submitted by the subcontractor, the Contractor shall pay each subcontractor, as applicable, within five (5) Working Days after the Contractor receives payment from NOAB/Owner. If the Contractor does not receive payment from NOAB/Owner for any cause which is not the fault of the subcontractor, the Contractor shall pay the subcontractor based upon submitted progress payment applications within five (5) Working Days of payment demand. Failure to comply with the above requirement may result in a portion of subsequent progress payments being withheld to cover the payments for Work completed by the subcontractor.

31.11 Contractor shall provide the following information with each monthly invoice:

.1 Total payments made to DBE(s) through previous invoices;

.2 Total payments to DBE(s) this invoice; and

.3 Current level of DBE(s) participation with this invoice.

31.12 No partial payment shall be made when the amount due to the Contractor since the last estimate amounts to less than five hundred dollars.

31.13 It is understood and agreed that the Contractor shall not be entitled to demand or receive partial payment based on quantities of Work in excess of those provided in the Work Plan submitted pursuant to Instructions to Bidders Article 3.21.1(a) or covered by approved Change Orders or supplemental agreements, except when such excess


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quantities have been determined by the Director of Aviation or his/her designee to be a part of the final quantity for the item of Work in question.

31.14 No partial payment shall bind the NOAB/Owner to the acceptance of any materials or Work in place as to quality or quantity. All partial payments are subject to correction at the time of Final Payment.

31.15 The Contractor shall deliver to NOAB/Owner a complete release of all claims for labor and material arising out of this Contract before the Final Payment is made. If any subcontractor or supplier fails to furnish such a release in full, the Contractor may furnish a bond or other collateral satisfactory to NOAB/Owner to indemnify NOAB/Owner against any potential lien or other such claim. The bond or collateral shall include all costs, expenses, attorney fees NOAB/Owner may be required to pay in discharging any such lien or claim.


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33.0 DOCUMENTS

No free sets of the Contract Documents will be provided by the NOAB. Contractor may, without additional expense to the NOAB, purchase additional sets of Facility Layout Sketches, Summary of Work, and addenda from NOAB's identified reproduction source. The costs of such sets are to be included in all bids.


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34.0 PERMITS, LICENSES AND TAXES

The Contractor shall, without additional expense to NOAB, pay taxes, give all notices, be responsible for obtaining any necessary licenses and permits, and for complying with any federal, state, county, and municipal laws, codes, and regulations applicable to the performance of the Work.


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35.0 WAGE RATES, PAYROLLS AND BASIC RECORDS

The provisions of General Provisions, Article 49 (AUDIT AND RECORDS) pertaining to audit records shall apply with respect to verification of compliance with the requirement for payment of wages in accordance with City Code section 70-801, et. seq., . Every sub-contract entered into by the Contractor shall make this General Provision, Article 35 (WAGE RATES, PAYROLLS AND BASIC RECORDS) and the requirement for the preservation and inspection of records provided in General Provisions Article 49 (AUDIT AND RECORDS) a requirement of each and every sub-contractor.


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36.0 COVENANT AGAINST CONTINGENT FEES

The Contractor warrants that no person or selling agency has been employed or retained to solicit or secure this Contract upon an agreement or understanding for a commission, percentage, brokerage, or contingent fee, excepting bona fide employees or bona fide established commercial or selling agencies maintained by the Contractor for the purpose of securing business. For breach or violation of this warranty NOAB shall have the right to annul and/or terminate this Contract without liability or in its discretion, to deduct from the Contract Amount or consideration, or otherwise recover, the full amount of such commission, percentage, brokerage or contingent fee.


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37.0 ROYALTIES AND PATENTS

The Contractor shall pay all royalties and license fees. The Contractor shall defend all suits or claims for infringement of any patent rights and shall save the NOAB harmless from loss on account thereof, except when a particular design, process, or product of a particular manufacturer is specified by the Director of Aviation or his/her designee; provided that, if the Contractor has reason to believe that the design, process, or product specified infringes a patent, the Contractor shall be responsible for such loss unless it promptly gives such information to the Director of Aviation or his/her designee.


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38.0 INTEREST OF PUBLIC OFFICIALS

The Contractor represents and warrants that no employee, official, or member of Owner/NOAB has or shall have a financial interest or benefit directly or indirectly in this Contract. The Contractor further represents and warrants that it has not offered or given gratuities (in the form of entertainment, gifts, or otherwise) to any employee, official, or member of NOAB with a view toward securing favorable treatment in the awarding, amending, or evaluating the performance of this Contract. For breach of any representation or warranty in this General Provisions constitutes a default of this Contract and basis for termination, the NOAB shall have the right to annul and/or terminate this Contract without liability and/or have recourse to any other remedy it may have at law.


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39.0 ADDITIONAL BOND SECURITY

39.01 The Contractor shall promptly furnish additional security required to protect Owner/NOAB and persons supplying labor or materials under this Contract if:

.1 Any Surety upon any bond furnished with this Contract is, or becomes, unacceptable to Owner/NOAB.

.2 Any Surety fails to furnish reports on its financial condition as required by Owner/NOAB.

39.02 Such additional bond security shall be at no additional expense to Owner/NOAB. No further payments of the Contract price shall be deemed due nor shall be made until the Surety or Sureties shall have furnished bonds acceptable to the Owner/NOAB.


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40.0 GOVERNING LAW

The rights, obligations, and remedies of the parties shall be governed by the laws of the State of Louisiana. If any provision in the Contract Documents is found to be invalid or unenforceable, the remaining provisions in the Contract Documents shall not be impaired.


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41.0 INDEMNIFICATION AND HOLD HARMLESS

41.01 The Contractor shall fully indemnify, save harmless and defend the City of New Orleans, the NOAB, the Director of Aviation or his/her designee and all their respective officers, agents, employees, representatives and attorneys (herein referred to as "Indemnitees") from and/or against all suits, actions, claims, damages, losses and expenses, direct, indirect or consequential (including but not limited to fees and charges of engineers, architects, attorneys and other professionals and court and arbitration costs) of any character, name, and description brought for or on account of any injuries or damages (including but not restricted to death) received or sustained by any persons or property on account of, arising out of, or in connection with:

.1 The operations of the Contractor, its subcontractors, and lower-tier contractors; or

.2 any negligent act or intentional omission, misconduct, or fault of Contractor, its subcontractors, and lower-tier contractors or their agents or employees in the execution of the Contract or performance of the Work; or

.3 the failure of Contractor, its subcontractors, and lower-tier contractors to provide necessary barricades, warning lights, or signs; or

.4 any neglect of Contractor, its subcontractors, and lower-tier contractors to safeguard the Work; or

.5 the use of material not conforming to the Contract requirements or otherwise unacceptable or defective; or

.6 any violation of law, ordinance, regulation, or order of any public authority having jurisdiction over the Work; or

.7 any claims or amounts sought or recovered from any infringements of patent, trademark, or copyright; or

.8 from any claims or amounts sought or recovered under the Workmen's Compensation Act or any other law, ordinance, order, or decree.

41.02 Contractor shall be required to promptly pay any judgment, with interest and costs, which may be obtained against any one or more of the Indemnitees arising from or relating to any of the matters covered by the indemnities granted herein.

41.03 Money due the Contractor under and by virtue of its Contract as may be considered necessary or due by NOAB/Owner for the indemnities granted herein may be retained for the use of NOAB/Owner or, in case no money is due, by Contractor’s Surety, until such suit or suits, action or actions, claim or claims for injuries or damages as aforesaid shall have been settled or paid and suitable evidence to that effect is furnished to NOAB/Owner, except that money due the Contractor shall not be withheld when the Contractor produces satisfactory evidence that it is adequately protected by public liability and property damage insurance as to the claim, action, or suit concerned.


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42.0 EQUAL EMPLOYMENT OPPORTUNITY

42.01 During the performance of this Contract, the Contractor agrees as follows:

.1 The Contractor shall not discriminate against any employee or applicant for employment because of race, color, religion, sex, age, or national origin. The Contractor shall take affirmative action to ensure that applicants are employed, and that employees are treated during employment without regard to their race, color, sex, religion, age, or national origin. Such action shall include, but not be limited to, the following: Employment, upgrading, demotion, or transfer; recruitment or recruitment advertising; layoff or termination; rates of pay or other forms of compensation; and selection for training, including apprenticeship. The Contractor agrees to post in conspicuous places, available to employees or applicants for employment, notices to be provided setting forth the provisions of this Article 44.

.2 The Contractor shall, in all solicitations or advertisements for employees placed by or on behalf of the Contractor; state that all qualified applicants shall receive consideration for employment without regard to race, color, religion, sex, national origin, or age.

.3 The Contractor shall send to each labor union or representative of workers with which the Contractor has a collective bargaining agreement or other contract or understanding, a notice to be provided, advising the said labor union or workers' representatives of the Contractor's commitments under this General Provisions, and shall post copies of the notice in conspicuous places available to employees and applicants for employment.

.4 Contractor shall include the provisions of this Article 42 in all subcontracts pertaining to the Work.

.5 The Contractor shall submit to the NOAB, on a monthly basis, a breakdown by minority group of all employees at the Site. The NOAB has the right to verify the data submitted.


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43.0 LIMITATION OF OBLIGATION

43.01 Changes in the Contract amount may be made only by written Contract Change Order, approved and executed by NOAB and the Contractor.

43.02 No claims for further compensation or extensions of time, delays due to weather, suspension in Work, overhead, profit, fees, acceleration, force majeure, disruption, impact, or any other reason whatsoever, shall be made by the Contractor as a result of the change contained in such Contract Change Orders, as payments and extensions of time specified thereunder shall constitute payment in full for the Work as altered therein and/or impacted thereby; and NOAB/Owner shall never be obligated in any event to pay or reimburse Contractor in excess of the Contract amount as revised by such approved Contract Change Orders.

43.03 The terms and provisions of this Article 43 shall control where in conflict with any other terms or provisions of the Contract, however, nothing in this Article 43 shall be construed to deny the NOAB/Owner's unilateral right to suspend or terminate Work under the applicable provisions of the Contract.


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44.0 OBLIGATION TO PERFORM FUNCTIONS

Any failure or neglect on the part of Director of Aviation or his/her designee to enforce provisions herein dealing with supervision, control, inspection, testing, or acceptance and approval of the Work shall never operate to relieve Contractor from full compliance with the Contract Documents nor render NOAB/Owner liable to Contractor for money damages, extensions of time or increased compensation of any kind.


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45.0 OTHER CONTRACTS

The NOAB may undertake, or award other contracts for, additional work at or near the Contract Work site. The Contractor shall fully cooperate with the other contractors and with employees of the NOAB/Owner and shall carefully adapt scheduling and performing the Work under this Contract to accommodate the additional work, and shall comply with any direction that may be provided by the Director of Aviation or his/her designee. The Contractor shall not commit or permit any act that shall delay or interfere with the performance of work by any other contractor or by employees of the NOAB/Owner.


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46.0 ACCEPTANCE OF OTHER CONTRACTOR'S WORK

If any part of the Work depends, for proper execution or results, upon the work of any other contractor, the Contractor shall inspect the other contractor's work and promptly report in writing to the Director of Aviation or his/her designee the results of said inspection prior to proceeding. The Contractor's failure to inspect and/or to report any defects or delays shall constitute an acceptance of the other contractor's work as fit and proper for the reception of the Work, except as to defects and delays which that may develop in the other contractor's work after the execution of the Work.


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47.0 DAMAGE TO, OR DAMAGE SUSTAINED FROM, OTHER CONTRACTORS

47.01 Should the Contractor cause damage to any other contractor, the Contractor agrees, upon due notice, to settle any resulting claim with such other contractor. The Director of Aviation or his/her designee or NOAB/Owner shall in no way be responsible for such damage.

47.02 Should activities of other contractors cause damage to the Contractor, or should any claim arise against other contractors in favor of the Contractor, then in that event Contractor must look solely to said other contractors for resolution and settlement of the claim, without involvement of the Director of Aviation or his/her designee and/or NOAB/Owner; and if need be, Contractor must pursue the matter to litigation, without involving Director of Aviation or his/her designee and/or NOAB/Owner in any manner. It is specifically understood that with regard to damages sustained by Contractor as a result of activities of other contractors, or with regard to damages to other contractors caused by Contractor, settlement or litigation between the parties themselves and not involving the Director of Aviation or his/her designee and/or NOAB/Owner shall constitute the sole and exclusive remedy, and Contractor shall not file any claims whatsoever in this regard against the Director of Aviation or his/her designee and/or NOAB/Owner, regardless of any other provisions in the Contract Documents.


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48.0 DISPUTES

The Director of Aviation or his/her designee and the Contractor shall attempt to resolve all disputes regarding the Contract and/or the Work by good faith negotiations and/or other form of alternative dispute resolution in accordance with the procedures established by the Director of Aviation or his/her designee. If, after good faith negotiations, any dispute shall remain between the parties, then resolution of such dispute shall be by litigation. The Contractor hereby consents to and stipulates to the personal jurisdiction and venue of the Civil District Court for the Parish of Orleans, State of Louisiana, in any legal action between the Contractor, the City and/or the New Orleans Aviation Board and/or the Director of Aviation or his/her designee; the Contractor further stipulates and agrees that the Civil District Court for the Parish of Orleans shall be the sole and exclusive venue for any such legal action, and expressly waives any right it may otherwise have to commence or defend any such legal action in any other court of competent jurisdiction. Notwithstanding any dispute or litigation between the NOAB/Owner and the Contractor, the Contractor and/or Surety shall proceed diligently with the performance of the Work required by the Contract and as directed by NOAB/Owner.


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49.0 AUDIT AND RECORDS

49.01 The Contractor, its subcontractors, and lower-tier contractors (hereinafter collectively or individually referred to as payees/payee) shall maintain, and Owner/NOAB and Director of Aviation or his/her designee shall have the right to examine, books, accounting records, documents, original estimates, estimating worksheets, correspondence, written policies and procedures, subcontract files (including proposals of successful and unsuccessful bidders), Contract Change Order files (including documentation covering negotiated settlements), and any other documents necessary to evaluate and verify direct and indirect costs (including overhead allocations) for any change or Change Order to this Contract.

49.02 Contractor's (and payee's) records shall be open to inspection and subject to audit and/or reproduction by the NOAB, its agents and Director of Aviation or his/her designee to the extent necessary to evaluate the cost incurred and the accuracy, completeness and currency of any cost or pricing data submitted by Contractor (or any payee) for any change or change order to this Contract. The right of examination shall extend to all documents necessary for such evaluation, including any computations and projections used within the cost or pricing data.

49.03 The NOAB and Director of Aviation or his/her designee shall, during normal business hours, (a) have access to Contractor's (and payees') offices and facilities, or such parts thereof, as may be engaged in, or maintain records in connection with, performance of the Contract; (b) have access to all necessary records; and (c) be provided adequate and appropriate work space by Contractor (or other payee), in order to conduct audits in compliance with this Article 49. The Director of Aviation or his/her designee shall provide Contractor with reasonable advance notice of intended audits.

49.04 The NOAB and Director of Aviation or his/her designees shall have access to said records of Contractor (and payees) for the purposes of audit, inspection and reproduction for a period of time until the expiration of five (5) years from the date of final payment under the Contract, except that:

.1 If this Contract is completely or partially terminated, the records relating to the Work terminated shall be made available for a period of five (5) years from the date of any resulting final settlement;

.2 Records which relate to appeals under the "Disputes" General Provisions of this Contract, or litigation or settlement of claims arising out of the performance of this Contract, shall be made available until such appeals, litigation, or claims have been resolved; and

3. Contractor shall maintain all books and records pertaining to this Contract and the Work, including but not limited to all work item unit costs and/or payrolls, material records, and accounts for all charges and expenditures for which reimbursement will be claimed from the NOAB so that the NOAB can check and


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audit the invoices submitted by Contractor, for a period of five (5) years after the date of final payment under the prime contract and any subcontract entered into under this Contract.

49.05 Contractor shall require all payees to comply with the requirements of this Article 49 by

insertion of the language of Article 49, altered as necessary for proper identification of the contracting parties and the Owner/NOAB, in any written contract between Contractor and any payee. Failure to obtain such written contracts which include such provisions shall be reason to exclude some or all of the payee's costs from amounts payable to the Contractor pursuant to this Contract.


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52.0 PUBLICITY RELEASES

The Contractor shall not make any public announcements or releases of information relating to this Contract without prior written approval of NOAB. All inquiries by the public and/or media should be directed to the Director of Aviation or his/her designee for proper routing.


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53.0 ASSIGNMENT

The Contractor shall not assign the whole or any part of this Contract without the prior written consent of the NOAB. A Contractor may assign monies due under this Contract to bonding assistance entities approved by the state or federal government upon providing prior written notice to NOAB of the intent to assign.


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54.0 NOAB'S RIGHT OF TRANSFER

The NOAB and the City of New Orleans reserve the right to transfer their interests herein to any other governmental body set up to, or authorized by law to operate the Airport.


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55.0 COMPOSITION OF CONTRACTOR

If the Contractor hereunder is comprised of more than one legal entity, each such entity shall be jointly, severally, and solidarity liable hereunder.


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56.0 INDEPENDENT CONTRACTOR

The Work herein contemplated shall be performed by the Contractor as an independent contractor.


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57.0 NOTICES AND LAWS TO BE OBSERVED

57.01 The Contractor shall give all notices to, and comply with all laws, ordinances, rules, regulations, and order of any public authority which may exist or may be subsequently enacted bearing on the Contractor and/or performance of the Contract.

57.02 The Contractor shall indemnify and save harmless Owner/NOAB and all their officers, agents and employees against any claims or liability arising from or based on the violation of any such law, ordinance, regulation, or order whether by Contractor, its subcontractors or lower-tier contractors.

57.03 All provisions of law required by statute or regulation to be stated in the Contract shall be deemed to be included by reference and the Contract shall be enforced as though it were included herein.

57.04 If the Contractor observes that any of the Contract Documents are at variance with such laws, ordinances, rules, regulations, and orders in any respect, the Contractor shall promptly notify the Director of Aviation or his/her designee in writing, and any necessary changes shall be made by appropriate Contract Change Order. If the Contractor performs any Work knowing it to be contrary to such laws, ordinances, rules and regulations, and without such notice to the Director of Aviation or his/her designee, the Contractor shall assume full responsibility and bear all costs attributable to its failure to notify the NOAB through the Director of Aviation or his/her designee.


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58.0 ACCIDENT PREVENTION

58.01 The Contractor shall be responsible for initiating, maintaining and supervising all safety precautions and programs in connection with the Work. The Contractor shall set Project safety goals based on the “ZERO” incident philosophy. The Contractor shall take all precautions in the performance of the Work under this Contract to protect:

.1 the safety and health of the Contractor’s employees, members of the general and traveling public and all others who might be affected by the Work;

.2 all the Work and materials and equipment to be incorporated therein, whether in storage on or off the site; and

.3 other property at the site or adjacent thereto, including, but not limited to, trees, shrubs, lawns, walks, pavements, roadways, structures, utilities and underground facilities not designated for removal, relocation or replacement in the course of the Work.

.4 The Contractor shall comply with all the applicable safety and health regulations and requirements set forth by any federal, state or local public entity including, but not limited to all applicable OSHA regulations, Title 29 of the Code of Federal Regulations, including but not limited to 1904 Reporting, 1910 General Industry, and 1926 Construction.

58.02 The Director of Aviation or his/her designee may notify the Contractor by Hazard Notification of noncompliance with these requirements and of the corrective action required including the removal of employees from the site. This notice, when delivered to the Contractor or the Contractor's representative at the Site, shall be deemed sufficient notice of the noncompliance and corrective action required. After receiving the notice, the Contractor shall immediately take corrective action. If the Contractor fails or refuses to take corrective action promptly, the Director of Aviation or his/her designee may without prejudice to any other legal and contractual rights issue a Stop Work Order stopping all or part of the Work until satisfactory corrective action has been taken. The Contractor shall not base any claim or request for equitable adjustment for additional time or money on any Stop Work Order issued under these circumstances.

58.03 The Contractor’s Safety Program shall include:

.1 Prior to being allowed mobilization to the Work site, the Contractor shall submit a written comprehensive Site Specific Safety Plan (SSSP) that includes all current regulatory required elements of 29 CFR Parts 1910 &1926 and the requirements and provisions of this clause. A qualified person shall prepare all programs submitted by the Contractor. The Contractor’s SSSP shall be signed by one of the Contractor’s officers.

.2 The Contractor’s SSSP shall be reviewed for compliance with the requirements established below. If found to address the hazards known to be associated with the Work to be performed, and the provisions as noted ((a)–(v)) below, the


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Director of Aviation or his/her designee shall accept the plan. Otherwise it shall be returned to the Contractor with comments on areas that do not appear adequate. By reviewing the plan the Director of Aviation or his/her designee shall not assume liability nor shall Contractor be relieved of liability for any damage, injury, or loss. Fieldwork shall begin only after the plan is accepted and a pre-mobilization meeting is conducted. Any revisions subsequent to the initial review shall be submitted and reviewed prior to the Contractor’s implementation of those revisions.

(a) Responsibility/Key Line Personnel. The Contractor shall identify Company Executive, Project Manager, and line supervision, who shall be held accountable for safety and health performance. The Contractor shall specifically define the safety responsibilities of each level of supervision.

(b) Identification of Competent/Qualified Persons. Contractor shall specify and certify OSHA “competent persons” for Work/tasks requiring that level of supervision specific to regulatory mandated requirements which shall include, but not be limited to the following: trenching and excavation, fall protection, cranes, electrical, scaffolding, first aid and others as required by regulation. The person supervising the competent person shall certify, in writing, the specific competencies of the named competent person.

(c) Scope of Work Evaluation/ Comprehensive Work plan. The Comprehensive Work Plan shall address the tasks and objectives of site activities and the logistics and resources required to safely accomplish those tasks. The Comprehensive Work Plan shall incorporate all subcontractor activities.

(d) Hazard/Risk/Exposure Assessment. Evaluation of major hazards/risks and exposures associated with the scope of Work.

(e) Job Task/Safety/Hazard Analysis. Contractor shall perform Job Task/Safety/Hazard analysis for all phases of the Work and shall consist of the following three elements: 1) identification of the task, broken down into steps; 2) identification of the hazards associated with each step; and 3) identification of the specific hazard control measures used for each step in accordance with “order of precedence” method of control.

(f) Compliance Requirements. The Contractor shall indicate how the safety program shall be communicated and enforced and the Contractor employee responsible for communication and enforcement.

(g) Written Progressive Disciplinary Program. Outline procedures and steps for disciplinary action.

(h) Written Drug and Alcohol Screening Policy. Contractor shall implement a comprehensive drug and alcohol screening program.


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(i) Hazard Correction. Identify procedures by which unsafe or unhealthy Work conditions, practices, or procedures shall be corrected in a timely manner.

(j) Training and Instruction. Contractor shall establish safety, health, and environmental compliance training requirements and establish by whom and when training or instruction is given regarding the Contractor safety program. The requirements shall include general and Project-specific training and shall include all levels of supervision, as appropriate, while training in safety, health and environmental issues. The Contractor shall implement “performance-based” training that evaluates trainees’ core and specialized knowledge and demonstrated ability to perform tasks for which they were trained. The training shall be documented.

(k) Project Site Orientation. Establish standard operating procedures for the Site to guide employees in safe work practices. Contract must list or describe subjects covered under employee site orientation program.

(l) Recordkeeping. The Contractor shall identify its recordkeeping policy regarding implementation of its safety program.

(m) Accident/Exposure Investigation. The Contractor shall establish a system (which includes senior site management) to investigate and report accidents and illnesses and to retain safety, health and environmental compliance records for investigating workplace accidents and hazardous substance exposures. Incidents shall be reported to the Director of Aviation or his/her designee immediately after the incident occurs, and to any other authority to which it is required by law to report.

(n) Emergency Action Plan. Define assembly areas, head count procedures, etc. that addresses contingency plans for all types of disasters and medical emergencies.

(o) Site-specific Medical Emergency Plan. Define and provide emergency contact numbers, competent first aid persons and/or provider locations.

(p) Written Hazard Communication Program. Attach written program and Material Safety Data Sheet.

(q) Written Personal Protection Equipment Requirements. Contractor shall identify minimum personal protective equipment requirements for all employees and define additional task specific requirements.

(r) Written Internal Traffic Control Plan. Contractor shall develop an Internal Traffic Control Plan (ITCP), complete with schematic diagrams, to coordinate the flow of construction vehicles, equipment, and workers operating in close proximity to runways, terminals and areas affecting the public.


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(s) Written Trenching and Shoring Plan (if applicable). Identify types of trench/excavation and shoring methods.

(t) Written 100% Fall Protection Plan. The plan must require all employees to wear and use fall protection equipment, when a fall hazard of more than six feet exists which cannot be eliminated by hand rails.

(u) Written Airport Safety Plan (FAA AC 150/5370-2e or current) if applicable.

(v) Other written programs as specified by OSHA or Contract Requirements.

58.04 INSPECTIONS/AUDITS. The Contractor’s on site safety representative shall evaluate the effectiveness of the implemented SSSP daily. The Contractor shall conduct a documented safety inspection of the jobsite weekly.

58.05 QUALIFIED PERSON. If required by the Director of Aviation or his/her designee, the Contractor shall supply a qualified safety professional for the Project. The qualified safety person shall have no other duties. A resume of the selected individual shall be submitted to the Director of Aviation or his/her designee prior to Project start.

58.06 WEEKLY SAFETY PLAN SUBMISSION. If required by the Director of Aviation or his/her designee, the Contractor shall submit a written summary review of upcoming Work tasks and associated risks, control measures, subcontractors mobilizing/demobilizing, audits or inspections, competent personnel changes, planned training, etc.

58.07 RECORDKEEPING. The Contractor shall maintain an accurate record of exposure data on all accidents incident to Work performed under this Contract resulting in death, traumatic injury, occupational disease, or damage to property, materials, supplies, or equipment.

.1 Notwithstanding, and in addition to OSHA or other regulatory reporting requirements, the Contractor shall report this data to the Director of Aviation or his/her designee in the following manner:

(a) Injury to Employees: A copy of the accident/injury report shall be forwarded within three days to the Director of Aviation or his/her designee.

(b) Damage to Property, Materials, Supplies, or Equipment: A copy of the Security report or claim notice shall be forwarded within three (3) days to the Director of Aviation or his/her designee.

(c) Injury to Persons other than Employees: A copy of the Security report or claim notice shall be forwarded within three (3) days to the Director of Aviation or his/her designee.

.2 Safety Results Statistics – The Contractor shall submit a monthly report detailing the specific types of injuries, incident rates, and corrective actions taken to prevent recurrence of similar incidents. The report shall include all subcontractors and lower tier contractors. The Contractor shall evaluate individual supervisor safety performance. The report shall be submitted to the


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Director of Aviation or his/her designee within five (5) Working Days after the end of the month.

58.08 The Contractor shall ensure that all its employees and all subcontractors and lower-tier contractors are aware of, trained, and follow the Contractor’s safety plan and other applicable local, state and federal regulations.

58.09 The Contractor shall submit a statement of safety program as part of the qualification documentation as required by these documents.

58.10 The Contractor and its subcontractors shall conduct at minimum weekly safety meetings, unless required otherwise in the Scope of Services.

58.11 The Contractor shall be available for all Project safety meetings.


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59.0 HAZARDOUS MATERIAL IDENTIFICATION AND MATERIAL SAFETY DATA

59.01 The Contractor agrees to submit a Material Safety Data Sheet (Department of Labor form OSHA-174), as prescribed in 29 CFR 1910.1200, for all hazardous material a minimum of five (5) days before delivery of the material, whether or not listed in r29 CFR 1910.1200 app. A. This obligation applies to all materials delivered under this Contract which shall involve exposure to hazardous materials or items containing these materials. Copies of all MSDS sheets shall be sent to the Airport Environmental Engineer.

59.02 "Hazardous Material," as used in this clause, is as defined in Federal Standard No. 313A, in effect on the date of this Contract.

59.03 Neither the requirements of this clause nor any act or failure to act by the Director of Aviation or his/her designee shall relieve the Contractor of any responsibility or liability for the safety of NOAB, tenants, Contractor, or subcontractor personnel or property.

59.04 The Contractor shall comply with applicable federal, state, and local laws, codes, ordinances, and regulations (including the obtaining of licenses and permits) in connection with hazardous material.

59.05 The NOAB's rights in data furnished under this Contract with respect to hazardous material are as follows:

.1 To use, duplicate, and disclose any data to which this clause is applicable. The purpose of this right is to:

(a) apprise personnel of the hazards to which they may be exposed in using, handling, packaging, transporting, or disposing of hazardous materials;

(b) obtain medical treatment for those affected by the material; and

(c) have others use, duplicate, and disclose the data for the NOAB for these purposes.

.2 To use, duplicate, and disclose data furnished under this clause, in accordance with Article 59.05.1 above, in precedence over any other clause of this Contract.

.3 The NOAB is not precluded from using similar or identical data acquired from other sources.

.4 The data shall not be duplicated, disclosed, or released outside the NOAB, in whole or in part for any acquisition or manufacturing purpose, if the following legend is marked on each piece of data to which this clause applies:

"This is furnished under New Orleans Aviation Board Contract No. ____________ and shall not be used, duplicated, or disclosed for any acquisition or manufacturing purpose without the permission of ___________________________. This legend shall be marked on any reproductions of this data." (End of legend)


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.5 The Contractor shall not place the legend or any other restrictive legend on any data which the Contractor or any subcontractor previously delivered to the NOAB without limitations.

59.06 Contractor shall insert Article 59, including this section 59.06, with appropriate changes in the designation of the parties, in subcontracts at any tier (including purchase designations or purchase orders) under this Contract involving hazardous material.


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60.0 SEVERABILITY

If a provision of this Contract Documents, or the application thereof to any person or circumstances is rendered or declared illegal for any reason or shall be invalid or unenforceable, the remainder of the Contract and the application of such provision to other persons or circumstances shall not be affected thereby but shall be enforced to the greatest extent permitted by applicable law. The parties agree to negotiate in good faith for a proper amendment to this Contract in the event any provision hereof is declared illegal, invalid or unenforceable.


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61.0 ENTIRE AGREEMENT

The Contract Documents and the incorporated documents, whether specifically attached or incorporated by reference, constitute the entire agreement between the parties, and no prior or contemporaneous written or oral agreement exists now which can be deemed to alter the provisions hereof. This Contract can only be amended or altered by a writing signed by all parties.


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62.0 ASBESTOS CONTAINING MATERIALS

62.01 All Consultants, Contractors, Subcontractors, Distributors, Suppliers, and others receiving proceeds from this Contract are bound by the NOAB's policy regarding the use and liability of the toxic substance asbestos, within the boundaries of Louis Armstrong New Orleans International Airport. Contractor shall not use and/or install products containing asbestos in any form as part of this Contract or subsequent addendum or Change Order.

62.02 This provision applies to all materials and/or products placed in service within the boundaries of Louis Armstrong New Orleans International Airport under the terms and conditions of this Contract. Contractor assumes all responsibility and liability for products and/or materials installed or provided. In addition, Contractor certifies responsibility and liability for all expenses related to the removal, replacement, and separation of asbestos containing materials in violation of this Article. Contractor further assumes the responsibility of monitoring the compliance of all drawings, notations, and Summary of Work included in this Contract with the provisions of this Article. Should discrepancies occur, Contractor must notify Director of Aviation or his/her designee in writing of the suspect notation or specification. Contractor also certifies that a non-asbestos containing material or product of similar kind and quality shall be substituted with the approval of the Director of Aviation or his/her designee.

62.03 This provision reflects the mandate of the NOAB to promote the health, safety, and welfare of the general public and to establish a standard for response to hazardous asbestos within the limits of Airport authority. This provision also complies with existing Federal Regulations: S-981, The Toxic Substances Control Act Amendments and 1987, The National Emission Standards for Hazardous Air Pollutants, administered by the Environmental Protection Agency since 1973, and the current version of E.P.A.'s Guidance for Controlling Asbestos-Containing Material in Buildings.

62.04 This provision supersedes and replaces all other references, specifications, and notations relating to asbestos-containing materials which may appear in this Contract.


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63.0 SURETY

63.01 No company shall be accepted as Surety on any bonds required by the NOAB unless such company is currently licensed to do business in the State of Louisiana and either:

.1 is a Surety or insurance company currently on the U.S. Department of the Treasury Financial Management Services list of approved bonding companies which is published annually in the Federal Register; or

.2 is a Louisiana domiciled insurance company with at least an A- rating in the latest printing of the A.M. Best's Key Rating Guide to write individual bonds up to ten percent of policyholders’ surplus as shown in the A.M. Best’s Key Rating Guide; or

.3 is an insurance company that is either domiciled in Louisiana or owned by Louisiana residents and is licensed to write surety bonds.

63.02 Notwithstanding the provisions of Article 63.01 above, no company shall be accepted by Owner/NOAB, in any bonds required in the Bid Document, if that company is currently in default under or delinquent on any bonds in favor of NOAB or Owner.

63.03 No Surety or insurance company shall write a bond which is in excess of the amount indicated as approved by the U.S. Department of Treasury Financial Management Service list or by a Louisiana domiciled insurance company with an A- rating by A.M. Best up to a limit of ten (10) percent of policyholders’ surplus as shown by A.M. Best.

63.04 A company authorized to be a Surety under Article 63.01 which is not on the U.S. Department of Treasury Financial Management Service list shall not write a bond when the penalty exceeds fifteen (15) percent of its capital and surplus, such capital and surplus being the amount by which the company’s assets exceed its liabilities as reflected by the most recent financial statements filed by the company with the Department of Insurance.

Louis Armstrong New Orleans International Airport Janitorial Services November 2017 Summary of Work

SUMMARY OF WORK

TABLE OF CONTENTS

1.00 GENERAL REQUIREMENTS........................................................................................... 1

1.01 WORK ............................................................................................................. 1

1.02 OPERATIONAL STANDARDS ............................................................................. 3

1.03 QUALITY CONTROL AND IMPROVEMENT PROGRAM ...................................... 10

1.04 STORM PREPAREDNESS PLAN ........................................................................ 11

1.05 JOB TRAINING PROGRAM .............................................................................. 12

2.00 TECHNICAL SPECIFICATIONS ...................................................................................... 14

2.01 SCOPE OF SERVICES ....................................................................................... 14

2.02 GENERAL REQUIREMENTS ............................................................................. 15

2.03 JOB POSITIONS, STAFFING, REQUIREMENTS, AND RESPONSIBILITIES ............. 17

2.04 EQUIPMENT AND SUPPLIES ........................................................................... 24

2.05 TRASH REMOVAL .......................................................................................... 27

2.07 CLEANING PRODUCTS .................................................................................... 28

2.08 INSPECTIONS BY DIRECTOR OF AVIATION ...................................................... 30

2.09 ROUTINE CLEANING PROCEDURES ................................................................. 31

2.10 TRANSPORTATION AND SAFETY ADMINISTRATION AREAS ............................. 45

2.11 REMOTE LOCATIONS ROUTINE CLEANING PROCEDURES ................................ 48

2.12 PERIODIC CLEANING PROCEDURES ................................................................ 50

2.13 SPECIAL PROJECTS PROCEDURES ................................................................... 61

2.14 FLOOR CLEANING PROCEDURES..................................................................... 63

2.15 CHEMICAL SPECIFICATIONS AND THE USE OF “GREEN” PRODUCTS ................ 69

2.16 QUANTITIES OF SERVICE AREA ....................................................................... 75

2.17 AREAS NOT TO BE SERVICED BY THIS CONTRACT ........................................... 80

ATTACHMENTS

Historical Enplanement Data

Enplanement Projections


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SUMMARY OF WORK

1.00 GENERAL REQUIREMENTS

1.01 WORK

.1 The successful Bidder shall provide all labor, supervision, materials, equipment, chemicals, supplies, and incidentals for complete janitorial services on airport property. Janitorial services shall be provided to all concourses, all terminals, all administrative and other office areas, Downtown Heliport, exterior sidewalks and medians, TSA areas, Federal Inspection Service public and office areas, taxi lounge and taxi areas, ARFF facility, Airfield Maintenance building, two pedestrian bridges from short term parking garage to terminals, Ground Transportation Center including restrooms and loading zones, all interior public areas, gate hold areas, and airport-owned jet bridges, as well as any additional areas that the NOAB prescribes through the course of the Contract.

.2 The terminal is open 24 hours per day; seven days per week and peak hours are generally estimated from 4:00 a.m. until 11:00 p.m. The Contractor will provide on-site staff and services, and will be responsible to clean, organize, restock, and maintain an overall safe and healthy environment on a 24-hour 365-day basis, or as necessary. A portion of these services may occur during non-peak hours. The Contractor shall provide trained janitorial employees in the amount required to successfully service the areas described in the Contract Documents and upon the Notice to Proceed. Employees assigned to perform these services shall be exclusively assigned to this location, and may not perform janitorial services work at any other location serviced by the Contractor.

.3 There will be changes to the areas requiring janitorial services during the term of the Contract due to capital improvement projects and changes in the administrative-office locations. General Provision Articles 25 (CHANGES IN WORK) and 28 (COMPENSATION FOR CHANGES) will be used to adjust Contract compensation as needed.

.4 It is the intent of this Summary of Work to describe the Work Contractor shall perform. Contractor shall comply with the detailed provisions herein and shall do all the Work provided for in this Summary of Work.

.5 Contractor shall do extra and incidental tasks as may be required to complete the Work in a manner acceptable to NOAB. Any extra or incidental task requested by NOAB but not required to complete the Work will be considered Unscheduled Work. The Contract Total Base Bid shall include 2,000 hours of Unscheduled Work per contract year and any unused hours shall rollover to the following contract year(s).


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.6 Communication between Contractor and the Airport shall be accomplished through the Job Manager, representing Contractor, and the Director of Aviation or his/her designee, designated by, and representing NOAB in all day-to-day scheduling and Contract administrative matters.


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1.02 OPERATIONAL STANDARDS

.1 Contractor is responsible for janitorial and other services at Louis Armstrong New Orleans International Airport. It is understood between the parties that the prime purpose of the services performed under this Contract is that the premises shall be kept clean, according to reasonable and accepted standards, as defined by NOAB. NOAB’s judgment as to the performance will be based primarily on the continued acceptable appearance of the Airport, rather than performance of a specific task at a specific time for a number of repetitions.

.2 Contractor acknowledges that the cleanliness of the Assigned Areas is of the utmost importance to the public and NOAB. Accordingly, the Director of Aviation or his/her designee shall have the right to determine the quality of Contractor’s performance hereunder. If the Director of Aviation or his/her designee identifies any failure on the part of Contractor to provide service which meets or exceeds the minimum standards set forth by in this Summary of Work, the Director of Aviation or his/her designee shall advise Contractor of each failure and afford Contractor twenty-four (24) hours to cure its default. Work performed in strict accordance with the procedures and using the specified chemicals and/or equipment included in the Contract Documents shall be deemed as meeting minimum standards.

.3 Contractor is required to clean any spillage, leakage, or damage that occurs regardless of the area of responsibility. Airport Tenant and Concession areas may be included if requested by the Director of Aviation or his/her designee.

.4 All custodians will have, at a minimum, the capability to respond immediately to clean spills and to remove gum from carpeted and hard surface flooring.

.5 Contractor will maintain communications with the Director of Aviation or his/her designee at all times. Contractor must immediately respond to urgent calls for janitorial services involving customer complaints, plumbing backups, messes and spills, removal of graffiti, and any other critical items.

.6 Any damage or discoloration of surfaces, to include but not to be limited to walls, floors, carpets, counters, fixtures, mirrors, glass, furniture, paint, or other Airport furnishings caused by Contractor’s work will be replaced by NOAB. The repair or replacement costs will be deducted from the payment(s) due Contractor. For the purposes of this Contract, damage to the above items shall be deemed to be caused by Contractor if Contractor’s officers, agents, or employees performed an act or failed to perform a necessary act, and such act or failure to act was contrary to this Summary of Work or the applicable manufacturers’ specifications or


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recommendations, or such act or failure to act was unreasonable, as determined by the Director of Aviation or his/her designee.

.7 Contractor shall establish appropriate procedures and controls so that services under this Contract shall not be performed by a person who is not eligible for employment under the rules of the United States Department of Homeland Security and the laws of the United States of America.

.8 Job Manager, Shift Supervisors, and crew leaders must be able to fluently speak, read, and write the English language.

.9 Contractor shall provide relief personnel as necessary and/or work overtime at no additional cost to NOAB to ensure the Work is performed as required in this Summary of Work. If the Job Manager, Quality Control and Improvement Manager, or a Shift Supervisor is absent, Contractor shall designate a replacement who is competent and has been given the authority to carry out the duties of the Job Manager or Supervisor.

.10 Staffing levels shall be adequate to meet the janitorial services required under the Contract including staffing levels required for additional or unscheduled work. Contractor will provide qualified, well trained service staff, licensed and/or certified if required in Summary of Work, or as necessary, to adequately perform the tasks stated in this Summary of Work.

The volume of users and uses of the Airport may vary over time. To meet the requirements of Section 2.09, Routine Cleaning Procedures, in the Summary of Work, the Contractor should staff at a minimum the following positions during peak periods:

a) one (1) male restroom attendant for each concourse;

b) one (1) female restroom attendant for each concourse;

c) one (1) male restroom attendant for the main terminal;

d) one (1) female restroom attendant for the main terminal;

e) one (1) male restroom attendant for the baggage claim;

f) one (1) female restroom attendant for the baggage claim;

g) one (1) gate agent for Concourse C;

h) one (1) gate agent for Concourse D;

i) one (1) utility worker; and

j) one (1) supervisor.

Contractor may have to provide additional staff in addition those enumerated above to meet the needs of the Airport during peak periods. Needs may include continuous services during the peak period of operations in high use areas such as restrooms.


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.11 Contractor shall not employ any person or persons in or about the Airport who uses improper language or act in a loud, boisterous, or otherwise improper manner including personal cell phone use while on-duty.

.12 Contractor agrees to terminate the services at the Airport of any employee whose conduct NOAB feels is detrimental to the best interests of NOAB.

.13 Contractor shall instruct its personnel that no gratuities shall be solicited or accepted for any reason whatsoever from tenants or any other person using the Airport. Contractor’s personnel shall not solicit or accept any reward offered for the return of a lost article.

.14 Contractor shall ensure that at least fifty percent (50%) of its custodial staff and all of its supervisory personnel are full-time forty (40) hours-per-week employees.

.15 All contracts and subcontracts that result from this solicitation incorporate by reference the provisions of 29 U.S.C. 201, et seq., the Federal Fair Labor Standards Act (FLSA), with the same force and effect as if given in full text. The FLSA sets minimum wage, overtime pay, recordkeeping, and child labor standards for full and part time workers.

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

.17 Contractor shall use office space in the Airport’s facilities as designated by NOAB. The space shall be furnished by Contractor for use as an office. The Contractor shall keep office spaces clean, neat, orderly, and in compliance with all fire regulations. All janitor storage water closets, office areas, and storeroom areas shall be designated by NOAB. The Contractor is responsible for maintaining all assigned areas in a clean and safe condition and appearance. NOAB has the right, at any time, to change the locations and/or inspect at will the areas provided to the Contractor. Contractor will deliver, or cause to be delivered, and must store in the stockroom(s) designated by the Director of Aviation or his/her designee, or other area designated, all cleaning materials and supplies used in the performance of janitorial services under this Agreement.

.18 Utilities and Services: The Contractor must ensure the most effective and efficient operation of all NOAB-provided utilities by its staff and employees to conserve energy and financial resources while not compromising performance levels.


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.19 Contractor’s shift changes, employee breaks, and lunches shall be taken in a designated area. The location is at the discretion of the Director of Aviation or his/her designee. Contractor will make accommodations for employees within the designated area.

.20 Smoking is prohibited in the terminal. Contractor’s employees may only smoke in designated smoking area.

.21 Contractor’s employees shall not use cell phones, text, or use personal communication devices for personal use while at work, except during lunches and breaks.

.22 All Contractor staff requiring vehicle parking while working at the Airport shall use the Airport’s employee parking lot only. There is shuttle service between the employee parking lot and the Main Terminal building.

.23 Record of Labor Log: The Contractor shall use an electronic timekeeping system. Contractor shall require all employees performing Work to log start and end time for each day worked. These records shall be computer-generated and submitted as part of Pay Applications and made available to the Director of Aviation or his/her designee monthly. The Director of Aviation or his/her designee can require that all logs be submitted by email.

.24 Contractor will maintain at its expense, a communications area, e.g. bulletin board, display board, etc., for the communication of the Contractor’s business, employees, and other communications including those mandated by law.

.25 At no time should the Contractor use Airport equipment, chairs, trash cans, plants, and/or pottery as barriers or partial barriers for traffic control.

.26 Uniforms

a) All Contractor personnel, including management, and supervisors must wear approved uniforms while on-site.

b) Contractor shall provide and maintain a standardized uniform for each employee at no cost to the employee.

c) The standardized uniform shall be submitted to the NOAB for approval prior to the commencement of Work under the Contract. Contractor is specifically prohibited from utilizing any uniform styles that closely resemble the approved uniform(s) of any other Contractors or NOAB employees at the Airport. It is preferred that uniforms closely resemble those types of uniforms commonly used by theme park and hotel custodial staff. Uniforms must have a collar.


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d) T-shirts, smocks, aprons, and scrubs are not acceptable uniform tops and will not be approved by the NOAB.

e) Contractor’s uniforms shall be distinctive, clean, neat, properly fitted, and readily identifiable as Contractor’s employees. The uniforms shall have the Contractor’s name embroidered on the shirt. All uniforms and identifying markings are subject to the pre-approval of NOAB, such approval shall not be unreasonably withheld.

f) If the uniform top was not purposely designed to be worn un-tucked, then the top shall be tucked into the pants at all times and employees shall wear a plain black belt.

g) Headgear may not be worn, unless custodians will be exposed to the elements for a prolonged period of time. The contractor shall provide foul weather gear to all employees who are required to perform job related duties outside during periods of inclement weather. Notwithstanding the foregoing, custodians are permitted to wear headgear for religious purposes.

h) Contractor shall also provide jackets/sweatshirts/coats/headgear with the company’s name on them whenever the Contractor’s employees are working in cool conditions. Employees shall not wear unapproved garments over the approved uniform.

i) Contractor must include a sufficient number, at least four (4) per week for full time employees, of clean uniforms per employee.

j) Contractor shall replace torn, worn out, or soiled uniforms as needed to keep a neat and clean uniform at all times.

k) Contractor shall ensure that its employees wear footwear appropriate to their jobs (black in color).

l) Custodians shall only wear modest jewelry, earrings, wristwatch and wedding ring(s). NOAB has the right to determine the modesty.

m) No headphones, Bluetooth earpieces, earbuds, or any electronic devices may be worn at any time.

n) Bags, fanny packs, and purses are not a part of the Contractor’s uniform and shall be kept in lockers provided by the Contractor. Females may use a clear plastic clutch no larger than 4.5”x6.5”.


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.27 Communication

a) Contractor shall provide cellular phones with email service and email addresses for the Job Manager, Quality Control and Improvement Manager, and duty Shift Supervisor to be carried with said employees at all times. Contractor shall keep NOAB and the Director of Aviation or his/her designee informed of the telephone numbers and emails of said phones.

b) Contractor shall have sufficient broadband internet service on site to receive and respond to work orders using the Airport's Work Order System, electronic log reports or any replacement system that may be enacted. In addition, Contractor shall have the administrative capability to enter updates into the system.

c) Supervising staff shall be capable of contacting on-duty employees in order to respond to immediate cleaning needs as describe in this Summary of Work as initiated by the Director of Aviation or his/her designee or the Work Order System described above. Contractor may also use Airport courtesy phones for these purposes.

d) Any emergency contacting of employees shall be directed first through Contractor’s on-site office and then by using the methods directed above.

e) Should the Contractor utilize 2-way radios:

i) Employees shall maintain the volume at an appropriate level so not to impose or interfere with other users of the airport.

ii) Misuse of 2-way radios may result in the removal of the employee from this Contract.

.28 Shifts

a) Contractor shall structure shifts so that they overlap by no less than fifteen (15) minutes.

b) Oncoming shifts shall receive a briefing from the shift leader/supervisor prior to arriving to their designated work areas.

c) At least one (1) employee must be present in each of the designated areas at all times during peak hours, which are defined in Article 1.01.2 of the Summary of Work.

.29 Electronic Management

a) Contractor may wish to utilize an electronic restroom management system which allows for electronic log keeping, data collection, and utilization activity, like Infax Smart Restroom. The system should track restroom cleanings and quality control checks. The system


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shall provide passengers the option to alert janitorial staff and management of areas needing service in real time.

i) NOAB may require the Contractor procure, install, and maintain such electronic restroom management systems. The NOAB shall reimburse the Contractor for the procurement upon activation of the system.

ii) Procurement of an electronic management system must be approved by the NOAB in advance.

iii) Electronic restroom management systems may also provide ancillary services. The NOAB may request the Contractor to procure, install, and maintain any ancillary services.

b) Contractor shall utilize smart janitorial equipment, like or similar to the ICE RS26L Ride on Scrubber that has technology to remotely track the equipment’s utilization and performance. If at any time during the Contract that equipment requires replacement, Contractor shall first seek smart janitorial equipment. If smart equipment is not available, then the Contractor may seek conventional equipment.

c) Contractor shall provide the Director or designee with access to remote tracking and reports as requested.

d) Any employee of Contractor, employee of its subcontractor(s), or affiliated personnel of the Contractor who is found to forge, misrepresent, deface, or misuse the use of electronic management systems and/or equipment shall be immediately removed from performing work under this Contract.


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1.03 QUALITY CONTROL AND IMPROVEMENT PROGRAM

.1 Contractor shall maintain a Quality Control Program that includes oversight of all training, scheduling, and inspection of work specified in the Contract. The program shall detail how Contractor plans to ensure routine and periodic requirements of the Contract are met, including changes in the airlines’ flight.

.2 The program shall be submitted to the Director of Aviation or his/her designee for approval prior to receipt of the Notice to Proceed.

.3 The program shall include:

a) Tracking and inspecting routine and periodic cleaning tasks.

b) Detailed inspections and quality control checks including, but not limited to, accurate completion of log sheets in all restrooms as required in Article 2.02.11.

c) List of all equipment to be used to perform the Work with warranty and preventative maintenance schedule according to manufacturers’ recommendations.

d) Monthly reporting of any preventative maintenance performed with detailed invoicing or other supporting documentation..

e) Monthly reporting on recommendations for improvements. Recommendations shall include a running list of recommendations, when the recommendation was made and by whom, what action if any has been taken on the recommendation, and the result, if any, of the recommended action. Recommendations can include topics of customer service, improving any area of the janitorial services under the Contract, Contract administration, cost savings, and the like.


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1.04 STORM PREPAREDNESS PLAN

.1 Contractor shall provide a written contingency plan as required in Special Provisions, Article 10.0, for severe weather. The plan shall be approved by the Director of Aviation or his/her designee.

.2 The plan shall include:

a) The number of the supervisory staff members and the number of employees that will be on-site during an emergency;

b) Arrangements for overnight sleeping accommodations for emergency staff and employees;

c) Arrangements for extra materials and supplies to be available as needed;

d) Arrangements for additional equipment as may be necessary to address loss of power, hand flushing of toilets, and possible facility leaks.

e) Other provisions as determined by the Director of Aviation or his/her designee.


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1.05 JOB TRAINING PROGRAM

.1 Contractor shall provide all employees engaged in the performance of Work under this Contract with the initial and recurrent training needed to safely and competently perform the Work hereunder.

.2 Contractor shall maintain the employee training record as a part of each employee’s record. The training record should include, at a minimum, the employee’s name, date of employment, and the type and date of each training class attended. An outline of the training records shall be promptly made available to the Director of Aviation or his/her designee for each training session provided. All employee training shall be furnished at Contractor’s expense. Contractor shall give the Director of Aviation or his/her designee a schedule of training classes and the content of material to be covered (before the training is to take place). NOAB will provide a room (when available), material regarding airport rules, regulations, and procedures for presentation to Contractor’s employees. Representatives of NOAB may attend any class to monitor content delivery.

.3 Cleanliness is of utmost importance to the public and NOAB. As such, employee training shall emphasize the shared responsibility of all Contractor employees to perform Work, especially policing public areas for debris and trash.

.4 Each employee shall receive training in the following areas as soon as possible after employment begins or when new procedures, methods, equipment, or chemicals have been introduced:

a) Orientation, including Contractor’s areas of responsibility.

b) Proper chemical usage and safety precautions to include instruction on Material Safety Data Sheets.

c) Proper use, storage, and disposal of all chemicals and resulting waste in accordance with the applicable local, state, and federal environmental laws.

d) Tools and equipment, operations and general safety.

e) General airport procedures, security, ID badges, keys, assisting and interacting courteously with passengers.

f) Restroom cleaning and disinfecting.

g) Common mistakes and errors.

h) Floor care and maintenance.


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i) Safety issues and compliance with OSHA.

j) Reporting irregularities and maintenance issues.

k) Blood-borne pathogen safety program.

l) Recycling.

m) AOA driver’s course (as applicable).

n) Airport emergency procedures.

o) Contractor’s Storm Preparedness Plan.

p) Any additional items as requested by the NOAB.


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2.00 TECHNICAL SPECIFICATIONS

2.01 SCOPE OF SERVICES

.1 Contractor shall be responsible for the complete performance of all Work required under the terms of this Contract, and for the methods, means, and equipment used in performing the Work and for all chemicals, supplies (including items such as consumable paper supplies and trash liners), tools, apparatus, and property of every description used in connection therewith. It is required that daily, weekly, monthly, and other periodic, computer-generated reports with regard to the performance of the Work be supplied by Contractor. The detailed format of these reports shall be determined at Contract initiation. The Contractor must have the ability to submit all reports requested by the Director of Aviation or his/her designee by e-mail. Contractor shall keep on file and furnish to NOAB a clear, concise computer-generated report that sets forth the locations that need repair, replacement, or extra attention.

.2 If requested, Contractor shall also provide a list of personnel and the associated position for each day worked. Job Manager shall certify that it is complete and accurate.


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2.02 GENERAL REQUIREMENTS

.1 Police and clean in all public areas of responsibility no less than six (6) times per shift, except after 10:00 p.m. and before 4:00 a.m. The service areas include floors, furniture, fixtures, trash containers, and wherever the public could place waste.

.2 Contractor shall assign the number of personnel to service Airport areas based upon passenger traffic volume which may change from time to time. Airport will make every effort to notify Contractor of heavy travel days in advance.

.3 Perform policing and cleaning services to Airports Conference and Meeting Rooms, upon request by the Director of Aviation or his/her designee, before and after meetings and when a room is needed for additional non-scheduled meetings. This shall be considered Scheduled Work at no additional cost to the NOAB.

.4 Any cleanup service or additional sweeping or mopping required at any time, on any shift, due to accidents and mishaps that might occur, including heavy flight traffic, layover or inclement weather shall be considered Scheduled Work at no additional cost to the NOAB. Any signs or barricades must be removed immediately after the area is cleaned and dry.

.5 Contractor will provide at all times during the Contract, twenty-four (24) hours per day, seven (7) days per week, the required amount of Janitors/Custodians to perform the Contracted Work in areas as set forth in the Contract Documents. Janitorial staff will be responsible for trash disposal, sanitizing, replenishing, stocking, vacuuming, sweeping, moping, dusting, polishing, resolve biohazard situations, and any other janitorial/custodial services needed to meet or exceed the requirements of the Contract Documents and any standards for the industry.

.6 Contractor shall respond immediately to emergencies, problems, or requests initiated by the Airport’s AVCOM. Contractor employee shall cordon off the affected area from the public. If Contractor employee is unable to address the emergency, problem or request, he/she shall contact AVCOM using the nearest Airport courtesy phone to report the situation and remain at the affected area until additional Contractor or Airport personnel arrive. This is Scheduled Work at no additional cost to the NOAB.

.7 Contractor shall assist Airport personnel with the use of Contractor’s equipment and personnel in the clean-up of any emergency, problem, or request.


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.8 The Director of Aviation or his/her designee shall have the right to require Contractor’s employees perform other cleaning duties on the premises as the Director of Aviation or his/her designee shall deem desirable or necessary. Contractor shall promptly comply with such requirements at no additional cost to NOAB as Scheduled Work. Contractor shall utilize only the personnel performing cleaning services of a daily nature. Contractor shall not be required to perform the scheduled cleaning services of the specific work station affected by such a request during such times.

.9 Absolutely, under no circumstances will Contractor, at any time move, unplug, tamper with, or shift any of the Security Checkpoint or Baggage Screening equipment or computers.

.10 Hazardous Material Safety Data Sheets (MSDS) are to be on file in Contractor’s office with copies provided to the Director of Aviation or his/her designee on all materials located on the premises. Contractor is responsible for providing a MSDS Employees Information Right to Know Board. This board should be updated daily and kept in an accessible location.

.11 All restrooms serviced by this Contract shall have at a minimum, a log sheet, provided by Contractor, to record the time routine cleaning work is performed. Each log sheet shall be kept in the restroom in a location approved by the Airport. Contractor is required to ensure that all employees log the times each area is serviced. As an alternative to the paper log, the Contractor may implement an electronic log system.

.12 Any malfunctioning restroom hardware and fixtures, water fountains, and other irregularities which create an emergency situation, affect customer service, and/or inhibit Contractor’s cleaning capabilities must be immediately reported to the AVCOM using the nearest available courtesy phone. Any broken doors, expended light bulbs or tubes, or other non-emergency malfunctions or irregularities shall be noted and reported to the Shift Supervisor at earliest convenience. Shift supervisors shall request a Work Order for all necessary repairs, adjustments, replacements, or corrections through AVCOM.

.13 The Airport reserves the right to engage other personnel and contractors to deal with special events and emergencies.


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2.03 JOB POSITIONS, STAFFING, REQUIREMENTS, AND RESPONSIBILITIES

.1 Job Manager

a) Contractor shall furnish a full-time, on-site Job Manager who shall be responsible for the complete performance of all Contract custodial work. The Job Manager position requires some experience managing a facility similar in building size and with a similar number of employees as specified herein. When the Job Manager is away on vacation, at seminars, or otherwise plans to be physically outside of a 50-mile radius of the Airport, the Quality Control Manager or the Job Manager’s NOAB-approved designee shall be in charge. Except as described above, and within reason, at no time shall the Job Manager be unavailable to NOAB’s Director of Aviation or his/her designee.

b) Due to the importance of management in the performance by Contractor, Contractor shall advise NOAB in writing of the name and qualifications of its intended Job Manager, prior to the beginning of the Contract and thereafter at least five (5) days before hiring any substitute or replacement Job Manager. NOAB shall have the right, in its sole discretion, to approve or reject any Job Manager selected by Contractor.

c) The Job Manager shall:

i) Be a full-time, forty (40) hours-per-week employee acceptable to NOAB and based at the Airport. The Job Manager shall spend time on alternating shifts to the extent practicable to increase overall management presence at the Airport.

ii) Be assigned exclusively as the full-time site manager and supervisor of the Contract janitorial services only and shall not be responsible for cleaning, maintaining, procuring supplies, supervising, administering, or otherwise participating in any other jobs or contracts elsewhere on Airport property or outside the areas included in the Contract.

iii) At a minimum, have at least five (5) years direct management and supervisory experience over a comparable custodial staff performing complete Contract janitorial services at a facility comparable in size and complexity to those specified in the Contract.


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iv) Be knowledgeable of janitorial procedures and practices especially in the correct, effective, and safe use of all required janitorial equipment, cleaning techniques, chemicals and supplies required to service the Contract.

v) Be able to read, write, and speak English fluently. In addition to English, the ability to speak Spanish is preferred, but not required.

vi) Be completely responsible and accountable for the day-to-day performance of the Contract. Responsibilities include, but are not limited to: supervision, training, routine cleaning, scheduling, and inspection of all staff work and cleaning activities associated with the Contract.

vii) Act as a liaison with NOAB and NOAB’s staff on all Contract matters. The Job Manager shall be available for immediate communication with NOAB’s representative at all times by having a functioning email address and by carrying a fully functional and operating cellular phone with email capabilities. The email address and telephone number of the phone will be provided to Director of Aviation or his/her designee.

viii) Report to Director of Aviation or his/her designee at the beginning of each work day unless otherwise directed, to receive reports (if any) of cleaning discrepancies, project work, special event requirements, or other related information. The Job Manager shall also periodically check with Director of Aviation or his/her designee to discuss any issues or unusual activity for the day and/or evening’s cleaning activities.

ix) Coordinate cleaning assignments with Shift Supervisors weekly based on the most up-to-date flight arrival and departure schedules.

x) Respond to Work Orders through the Airport’s internet-based Work Order System. The Job Manger will ensure Work Order requests are completed in a timely manner and close out requests upon completion, including Work Orders submitted during his or her off-hours.

xi) Shall promptly report all actions taken by the Contractor relative to Contractor employee performance, including but not limited to all hiring, firing, promotions, demotions,


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customer complaints, suspensions, absences, vacations, and disciplinary actions.

xii) Submit all reporting requirements and other requests identified in this Summary of Work on-time and to the satisfaction of the Director of Aviation or his/her designee.

xiii) Shall perform on-going (roving) inspections of the Airport at least twice a week to assure quality of service. At least one (1) of the inspections shall be with Airport staff.

.2 Quality and Environmental Control Manager

a) Contractor shall employ a full-time Quality and Environmental Control Manager at the Airport who shall be responsible for managing Contractor’s Quality Control and Improvement Program and the Contractor’s environmental compliance during the course of the Work. The Quality and Environmental Control Manager’s responsibilities shall include oversight of all training, scheduling, and inspection of Work specified in the Contract, and conducting the Work in compliance with all applicable environmental regulations.

b) Due to the importance of management in the performance by Contractor, Contractor shall advise NOAB in writing of the name and qualifications of its intended Quality and Environmental Control Manager, prior to the beginning of the Contract and thereafter at least five (5) days before hiring any substitute or replacement Quality Control and Improvement Manager. NOAB shall have the right, in its sole discretion, to approve or reject any Quality and Environmental Control Manager selected by Contractor.

c) The Quality and Environmental Control Manager shall:

i) Have a minimum of three (3) years’ experience in a supervisory or quality control management capacity responsible for the quality control of cleaning functions under a custodial/janitorial Contract comparable in size and scope to the Work specified herein;

ii) At least two (2) years of experience, or the educational equivalent, in managing the environmental compliance in the storage, use, and disposal of the chemicals and products used in the rendering of janitorial services;

iii) At a minimum, completed a 10-hour OSHA construction safety class or an equivalent course applicable to the Work and given by qualified instructors. Such training shall have been within the last three (3) years;


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iv) In the event that the Work is performed on a multiple shift basis, the Contractor shall designate an onsite deputy Quality and Environmental Control Manager, subject to approval by NOAB. The deputy Quality and Environmental Control Manager may have other duties, as long as the exercise of those other duties does not impair the performance of the deputy’s duties as Quality and Environmental Control Manager.

v) Be knowledgeable of janitorial procedures and practices especially in the correct, effective, and safe use of all required janitorial equipment, cleaning techniques, chemicals and supplies required to service the Contract.

vi) Be able to read, write, and speak English fluently. In addition to English, the ability to speak Spanish is preferred, but not required.

vii) Shall be fully in charge of the Contract and capable of acting on all matters in the Job Manager’s absence. Coordinate, on a daily basis, with Director of Aviation or his/her designee to address NOAB’s concerns regarding Contractor’s performance of the Work to ensure that the quality of the services and materials provided by Contractor are satisfactory. Remedial work shall be provided at no extra cost to the Airport.

viii) Ensure malfunctioning hardware and other irregularities are identified and reported both accurately and appropriately by Contractor’s staff.

ix) Ensure all routine and preventative maintenance is performed on all airport-owned equipment per manufacturer recommendation.

x) Prepare computer-generated inspection reports. The reports shall include any corrective action for discrepancies.

xi) Administer and prepare computer-generated Recommendations for Improvement under the Contractor’s Quality Control and Improvement Program. See Article 1.03 above.

xii) Shall carry a cellular phone with email capabilities.

xiii) Shall perform on-going (roving) inspections of the Airport at least five (5) times a week, during normal business hours and as needed, to assure quality service. At least one (1) inspection per week shall include Airport staff.


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.3 Shift Supervisors

a) Shift Supervisor(s) shall have a minimum of three (3) years of janitorial supervisory experience. Newly hired personnel or those promoted to this position shall have worked as a crew leader for a minimum of three (3) years or have equivalent experience satisfactory to NOAB. Supervisors shall be experienced in all phases of Work including assigning jobs and supervising groups of custodial personnel for maximum productivity. Each Shift Supervisor position must be filled at all times, seven (7) days per week.

b) Duties and Responsibilities:

i) Ensures that all employees in the individual’s crew are properly trained in the function they are assigned to perform; conducts “Safety Meetings” on a monthly basis.

ii) Shall perform on-going (roving) inspections of the Airport at least four (4) times per shift.

iii) Inspection and coordination of shift cleaning efforts; ensures that assigned custodians are properly utilized and instructed daily to perform their assignments in an effective and efficient manner within the budgeted labor hours.

iv) Distribution of chemicals and cleaning supplies to custodians, to ensure proper chemicals are used for specific tasks; requisition necessary supplies and equipment to accomplish assignments within budget.

v) Ensure that all containers are properly labeled in accordance with OSHA standards. Maintain equipment in a clean, workable condition, and ensure that hazardous conditions, unsafe practices, malfunctioning equipment is immediately brought to the attention of management for necessary corrective action.

vi) Ensure that all work is performed in a safe and efficient manner; carry out the orders and instructions of superiors and NOAB representative as requested.

vii) Prioritize and respond immediately to all urgent requests for service. In the event of a service request outside of the Contractor’s Work, individuals shall notify his/her superior for direction and to ensure customer satisfaction.

viii) Report any malfunctioning restroom hardware and fixtures, water fountains, expended light bulbs or tubes, broken


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doors and other irregularities observed by custodians which affect customer service and/or inhibit cleaning capabilities. Ensure his or her crew is appropriately reporting emergency irregularities immediately to the Airport’s AVCOM. Ensure his or her crew has taken all reasonable steps to address non-emergency irregularities as relevant to the Work. Report any irregularities deemed by the Shift Supervisor to exceed Work by submitting requests using the Airport’s Work Order system for all necessary repairs.

c) The Supervisor shall recommend individuals to be interviewed, hired, and fired, and shall have the authority to suspend individuals or send individuals home for any inappropriate conduct or for not adhering to company policies, including but not limited to uniforms, personal cell phone use, or other personal communications while on duty. The Supervisor shall have the authority to replace absentee workers by authorizing additional man hours with replacement workers at no additional cost to the NOAB.

d) The Supervisor must be a motivated, precise individual who is proficient in all aspects of the job functions for which they are responsible. Must be able to read, write, and speak English fluently and be able to effectively communicate to his subordinates, superiors, and customers.

e) As a part of their inspection responsibilities, all Supervisors shall maintain a precise and legible daily log of all cleaning discrepancies observed during their shift.

.4 Restroom Attendants, Gate Attendants, and Utility Workers. In addition to their duties and responsibilities, these employees will be in the public areas and are often asked by users of the Airport for directions, receive reports of janitorial issues, and may need to report life safety or security issues.

a) Duties and Responsibilities.

i) Daily responsibilities include policing the terminals and concourses, cleaning furniture and fixtures, emptying trashcans, cleaning restrooms, using chemicals, sweeping, and general area cleaning.

ii) Additional responsibilities for Attendants and Utility Workers include, but are not limited to detailed cleaning of bathrooms, scrubbing and polishing floors, cleaning and dusting public areas in the terminal, polishing stainless steel surfaces, working at different heights to clean building walls and ceilings, and cleaning hazardous spills.


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b) Basic Qualifications

i) Be able to speak and understand English well enough to accept direction from management, provide directions to users of the Airport, or report life safety or security issues.

ii) Be able to regularly lift garbage bags or other items from as floor level and that weighs more than twenty (20) pounds. On occasion, lift garbage bags or equipment that weighs forty (40) to fifty (50) pounds.

iii) Be able to bend, kneel, crawl and stoop on a frequent basis and for extended periods of time.

iv) Be able to stand, walk, mop, and sweep on a frequent basis and for extended periods of time.

.5 Biohazard Services and Staffing.

Contractor will provide qualified staff to perform biohazard services anywhere on Airport property and in accordance with all applicable industry standards and requirements. Biohazard staff will be compensated local prevailing wage rates. Biohazard services will include, but shall not be limited to the following activities:

a) Resolve biohazard situations as needed such as large scale maintenance, disposing of hypodermic disposal containers, and incidents involving EMS and injury scenes. Regular maintenance and disposal of hypodermic disposal containers is not required under this Contract and is handled by the NOAB.

b) Contractor must comply with all federal, state, local, and industry standards pertaining to the handling and disposal of Biohazards and related materials.

c) Contractor will submit to the Director of Aviation or his/her designee a Biohazard plan for review and approval prior to NOAB’s issuance of a Notice to Proceed.


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2.04 EQUIPMENT AND SUPPLIES

.1 New Equipment. Contractor shall purchase only new equipment, and provide documentation and maintenance schedule for those items upon award of the Contract. Maintenance records for equipment shall be submitted to the Director of Aviation or his/her designee as directed Article 2.02.1. Gasoline-powered equipment cannot be used inside the terminal at any time. However, propane-powered equipment is permitted. Electric and/or battery powered equipment is preferred and should be used whenever possible.

.2 Pursuant to Article 1.02.29, Electronic Management, if practicable Contractor shall utilize smart janitorial equipment, to remotely track the equipment’s utilization and performance.

.3 Equipment and supplies shall be cleaned daily to maintain a clean appearance. Contractor shall replace any torn or soiled vinyl or mesh cart bags.

.4 Equipment, including but not limited to all riding janitorial equipment, brooms, mops, fans, and warning signs must be labeled with chemical resistant, water resistant, printed labels with Contractors name. Handwritten labels are not allowed.

Large equipment including, but not limited to riding equipment, tilt trucks, and carpet extractors shall be given an equipment number for identification purposes.

.5 Powered Equipment. Any new equipment purchased by Contractor to perform janitorial services under this Contract shall meet the following specifications:

a) Vacuum cleaners shall meet the requirements of CRI Green Labeled vacuums.

b) Carpet Extraction Equipment shall meet the following minimum requirements:

i) CRI Bronze Seal of Approval.

ii) Hot water extraction equipment shall be capable of removing sufficient moisture such that carpets can dry in less than twenty-four (24) hours.

c) Automatic Floor Scrubbing Machines shall be equipped with variable-speed chemical feed pumps to minimize the use of cleaning chemicals.


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d) Floor Burnishers:

i) Shall contain shrouds and active vacuum attachments to capture particles produced during use.

ii) Propane-powered floor equipment shall have high-efficiency, low-emissions engines.

e) Battery Powered Equipment shall be equipped with gel batteries.

f) House Keeping Carts shall be made of smooth molded plastic to resist germs and be easy to clean. It shall have bumpers around the lower edges to prevent damage to walls and doors on both sides to offer security when transporting equipment and supplies.

g) Trash Dumpsters/Bins/Tilt Trucks/Garbage Cans shall be leak proof and have a lid fixed to the unit so it can be removed.

.6 Contractor is responsible for furnishing and maintaining an adequate supply of restroom and other consumable supply items such as liquid hand soap, toilet-seat liners where applicable, paper products, and trash liners.

.7 Storage

Contractor shall store its equipment and supplies in storage areas and custodial closets designated by the Director of Aviation or his/her designee.

Equipment shall be kept clean, especially when used in public areas during normal flight operations, and in good repair. Any equipment not in immediate use by Contractor staff shall be stored out of the view of the general public, especially in restrooms and Concourses.

.8 Vehicle

Contractor shall provide, maintain and use a vehicle to service the Airport’s Remote Locations. The number of vehicles necessary to meet service requirements shall be determined by Contractor. Contractor may utilize an employee’s vehicle to fulfill this requirement. Should the contractor require an hourly waged employee’s vehicle, the employee shall receive compensations for the use of their personal vehicle.

.9 Phones

a) Contractor shall provide, at its sole cost and expense, three cellular telephones with associated batteries and chargers dedicated for use with the Contract. One cellular telephone will be carried by the senior member of each shift, typically the Shift Supervisor, and the others by the Job Manager and Quality and Environmental Control Manager. Personal cell phones shall not be used by custodial employees as a primary way to communicate.


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b) Contractor shall keep NOAB and the Director of Aviation or his/her

designee informed of telephone number of said phones.

c) Contractor shall supply lockers or another lockable devise for the storage of employee personal items.

.10 Computer/Internet-access

Contractor shall provide, at a minimum, one computer for sole use with the Contract. Contractor shall also provide and maintain broadband Internet service, i.e. not dial-up. The computer shall have:

a) an email program, of Contractor’s choice, to receive emails from NOAB staff and the Work Order System;

b) document and spreadsheet creation software, equivalent to, and fully compatible with, Microsoft© Word® and Microsoft© Excel®, to generate regular reports;

c) the latest version internet browser for interfacing with the Work Order System described in Article 1.02.27 (b);

d) the ability to convert documents to .pdf format;

e) any software or hardware necessary to interface with the electronic time keeping system required by the Contract Documents; and

f) any hardware necessary to interface with the broadband internet connection, provided and maintained by Contractor.


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2.05 TRASH REMOVAL

.1 All material, refuse, and trash collected as a part of the Contract related to cleaning areas or equipment, supplies, delivery storage, and utilization shall be placed in a container approved for its disposal, by federal, state, and local agencies. Contractor shall promptly remove all trash bags to a trash receptor located in areas designated by NOAB. Extreme caution must be used during trash removal to ensure other surfaces are not soiled by drips from leaky plastic bags or broken containers. If an area is soiled in this way, Contractor shall immediately clean the affected area in accordance with this Summary of Work and at no cost to NOAB.

.2 Contractor also agrees to collect the trash in an orderly manner and shall NOT store, even temporarily, such material in visible public areas prior to the final collection and removal steps. Trash may be accumulated at a location designated by NOAB for final disposition once or twice per shift, depending on the space available and amount of trash collected.

.3 Contractor shall keep designated trash receptor areas including trash chute free of loose debris and shall clean soiled surfaces weekly.

.4 Disposal of cleaning supplies or materials shall be conducted in a manner that is approved by applicable federal, state and local agencies, including but not limited to any applicable environmental regulations or laws. All trash collection bins must be kept clean in appearance inside and out and be free of odor. Covered bins are required for the transport of trash through public spaces and must be utilized at all times. Trash and garbage bags shall be stored inside of the bins. Trash and garbage bags shall not be placed on top of covers or stacked so high as to be unable to close the cover. Bin covers must be fixed to the bin as to remain on trash bin at all times.

Failure to properly transport trash as described above may result in stipulated damages being assessed by the NOAB without warning.

.5 Proposed trash collection bins must be approved by the Director of Aviation or his/her designee.

.6 The Contractor shall dispose of trash into NOAB provided waste disposal sites. Contractor shall be responsible for any charges incurred by other tenants if trash is disposed into waste disposal sites maintained by other users of the Airport. If the Airport institutes a recycling program, Contractor shall be responsible for placing trash and recyclables in the proper containers to maximize the environmental benefit.


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2.07 CLEANING PRODUCTS

.1 Contractor shall be responsible for furnishing and maintaining at the Airport an adequate stock of all required cleaning supplies and materials necessary to perform the Work.

.2 All cleaning products and chemicals used in performing the Work in this Contract shall meet NOAB’s minimum standards and shall conform to and be used in strict compliance with all federal, state and local environmental and safety laws and regulations.

.3 All approved cleaning products must have:

a) An original label on the container.

b) A label or brochure which contains instructions for use of each type.

c) A copy of OSHA Form 20 Material Safety Data Sheet, or equivalent, for all chemicals used in the performance of the Work. A copy of OSHA Form 20 shall be provided to NOAB upon request.

.4 Contractor shall maintain on file a copy of the chemical specifications for each chemical used in performing the Work. The chemical specifications shall contain safety warnings and safety instructions.

.5 Contractor shall not use products containing ammonia, chlorine, bleach, or powdered cleansers without the prior written permission of the Director of Aviation or his/her designee.

.6 Contractor shall furnish the following types of cleaning products to be used in the Work, including but not limited to the following:

a) Mops with detachable heads. The detachable heads shall be washer safe.

b) Glass cleaner: The recommended cleaner should be a manufactured product specifically made for glass cleaning. Mixing soap and water or vinegar and water is not an acceptable cleaning product.

c) Germicidal detergent: For use in cleaning rest rooms, drinking fountains, and other areas which offer conditions conducive to the growth of micro-organisms, and where risks of cross-infection exist. A single product of synthetic detergent and germicide compound designed for general cleaning and disinfecting in one (1) operation is recommended.

d) Acid-type bowl cleaner: For use in de-scaling and disinfecting toilet bowls and urinals. This cleaner must be able to remove soil, rust,


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lime scale, and uric encrustation as well as disinfect and deodorize the toilet bowls and urinals under normal conditions.

e) Carpet cleaning and spot removal chemicals: suggested manufacturer’s care instructions for use in regularly cleaning and removing spots and stains. These products must be capable of removing oil and water-based stains including lipstick, oil, grease, soda, coffee, tea, wine, and shoe polish.

f) Gum remover: A small specialized can of remover used primarily to remove chewing gum and other sticky substances from carpet and upholstered furniture.

g) Lotion-type cleanser: A nonabrasive disinfectant cleanser for the cleaning of porcelain surfaces and for general maintenance use to remove hard-to-remove soil from walls, furnishing, fixtures, etc. No powdered-type cleanser may be used as such products are normally too abrasive and tend to damage the surfaces on which they are used.

h) Soap and scum remover: Primarily used to remove body oils, soap scum, mold and mildew, hard water deposits, and rust stains in shower rooms and wash rooms.

i) Stainless steel cleaner and polish: For use on stainless steel and other unpainted metal surfaces to remove soil from polished metal surfaces and to reduce the smudging and soiling of such surfaces. Contractor’s employees shall be properly trained on use of this product to avoid leaving the surface with an oily appearance as result of too much polish or other applications which will attract soil and show evidence of smudges more readily.

j) Neutral detergent: Liquid concentrated compound suitable for wet cleaning on both painted and unpainted surfaces where hard or soft water prevails for use on wood, rubber, asphalt tile, porcelain stone tile, marble, concrete floors and other surfaces. This product must be an effective soil remover for use when mopping, wall washing, spot cleaning of synthetic furniture coverings, etc.

k) Spray buff solution: a ready to use, water based emulsion cleaner and polish used for the spray buffing of polished floors. It must be intended for use on, and not be detrimental to sealed or finished wood surfaces.


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2.08 INSPECTIONS BY DIRECTOR OF AVIATION

.1 The Director of Aviation or his/her designee will, from time to time, perform random inspections for the sole purpose of assessing Contractor’s performance. Required services to be performed under this contract shall be subject to random inspections by representative of the NOAB while in process or upon completion. If any such services are found to be unsatisfactory and not in accordance with the requirements of this Contract, the Director of Aviation or his/her designee shall notify Contractor and Contractor shall take immediate steps for corrective actions. Continued problems with services will constitute cause for termination of the Contract.

.2 In addition, Contractor’s Job Manager shall be available to meet on a daily basis with the Director of Aviation or his/her designee to inspect the Airport premises and discuss the previous days’ deficiencies.

.3 Any services deemed by the Director of Aviation or his/her designee to be unacceptable shall be considered remedial work. The Director of Aviation or his designee may request that additional staff be brought in or overtime be used to provide remedial work if under time constraints. All remedial work shall be performed at no additional cost to the Airport.


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2.09 ROUTINE CLEANING PROCEDURES

.1 Interior Public Areas

a) Circulation Areas

To be performed continuously from 4:00 a.m. to 11:00 p.m.

i) Pick-up any trash and loose debris dropped on floors, stairways, elevators, and escalators, using long-handled dust-pan and broom or equivalent.

ii) Empty waste receptacles; do not reach into plastic liners. Replace torn or soiled plastic liners. Clean the outside of the unit if any soil is evident.

iii) Spot-clean spills or water accumulation using the appropriate technique. Large spills or water accumulation, i.e., those where the clean-up effort would substantially impact the passenger flow or would in any way put passengers at risk, will be blotted dry to prevent a slipping hazard and will be mopped up, or if on the carpet, referred to the designated spotter and/or third shift for detail cleaning. If the spill, due to its nature, e.g., paint, must be fully treated immediately, the area must be isolated from the public using barricades approved by the NOAB during treatment and drying.

iv) To reduce the risk of slip and falls following spot-cleaning of spills, the use of flat head mops like the Rubbermaid Quick Connect Wet/ Dry Plastic Frame or a double mop technique shall be used to clean spills in circulation areas.

v) All custodial personnel assigned to this procedure will be equipped with the necessary chemicals and equipment for gum removal, and it will be their responsibility to find and remove gum at all times.

vi) Spot-clean glass windows and partitions within 70 inches of the floor. Spot clean and dust all vertical and horizontal surfaces within 70” of the floor.

vii) Collect garment boxes, bicycle boxes, and other heavy packers in baggage claim, store in the designated NOAB area, and transport to the recycling or disposal area at the end of shift.

viii) Police interior planters. Remove debris, clean, and dust tops and sides as needed.


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ix) Report items requiring mechanical maintenance to the Shift Supervisor or Crew Leader.

x) Help passengers’ progress through the area and always be polite and courteous.

xi) Remove gummed labels and graffiti from walls and metal surfaces

xii) After mopping, detachable mop heads are to be removed, washed, and dried.

xiii) Other Duties as assigned.

b) Airport-Owned Jet Bridges

To be performed continuously from 4:00 a.m. to 11:00 p.m., after every departure.

i) Pick-up any trash and loose debris dropped on floors, using long-handled dust-pan and broom or equivalent.

To be performed at least once daily and as needed.

ii) Vacuum and sweep all floors. In particular along the edges and in the wheel house.

iii) Spot clean walls, doors and ceilings. Soft Scrub or a similar non-abrasive product should be used to clean jet bridge walls in accordance with manufacturer specifications.

iv) Remove graffiti from walls and metal surfaces.

v) Spot clean carpet stains and gum.

vi) Work shall not interfere with any passengers or airline operations and shall be coordinated with Director of Aviation or his/her designee.

To be performed once every week and as need.

vii) Extract carpets using an automatic extractor.

c) Escalators and Stairways

To be performed daily as needed between 4:00 a.m. and 11:00 p.m..

i) Wipe clean the glass/transparent partitions along the side of the escalator treads and stainless steel at the base of the partitions next to the escalator treads.

To be performed once daily.


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ii) Remove all debris from the escalator top and bottom plates, the surrounding area, and all stair tread. Use a broom and pan or pick up by hand.

iii) Special care must be taken when policing the top and bottom of stairways or escalators. Do not use any water or cleaning solutions in these areas unless the escalator or stairway is turned off and barricaded in accordance with NOAB procedures. The areas must be thoroughly dry before returning to use. All barricades must be removed immediately after the area is dry and ready to return to service.

iv) When policing the area do not interfere with passenger traffic using the escalator. Stairways require the same care and all treads must be serviced in addition to the top and bottom. Both stairways and escalators must be inspected/serviced at scheduled intervals on all shifts.

v) Being careful not to interfere with passengers, spot clean the glass sides of escalators and remove any labels, etc. from the handrails and glass.

To be performed once weekly and as needed.

vi) Machine scrub escalator steps to remove soil and grease with the metal grooves. Remove soil and grease on the face of the stairs.

Note: If any liquid spills occur on or about the stairways or escalators, notify your supervisor, remain in the area and assist the public in avoiding the spill using alternate routes, if possible, until help arrives. Be alert for any loose stair nosing or different sounds on escalators or any other safety items when policing/cleaning these areas. If in doubt as to whether or not to report a potential or perceived problem, remember that it is better to report something that may not be a problem than not to report something that is a problem.

To be performed nightly.

vii) Clean escalator side walls of glass construction using the first class method. Extreme care must be taken to prevent any run-off from impacting the escalator stainless steel trim or mechanism. The escalator is to be taken out of service by NOAB personnel and barricaded for this work. At the


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completion of the work the escalator shall be returned to service by NOAB personnel.

d) Elevators

To be performed at least three (3) times per day.

i) Pick up debris from floor.

ii) Spot clean surfaces: e.g. exterior and interior doors, call buttons, graphics, etc. Do not use cleaning solutions in a spray bottle to perform this work, unless the solution is sprayed on a cloth and the cloth is used to clean. The solution must never be sprayed directly on, or near, any control and/or electrical panels.

iii) Remove debris from door tracks.

iv) Be careful to not interfere with passengers when performing this procedure.

v) If you note any serious problem which requires immediate extensive cleaning notify your supervisor who will coordinate the removal of the unit from service with the NOAB, for the clean-up and necessary drying time.

To be performed at least once every two (2) weeks.

vi) Detail clean elevator cab ceilings.

vii) Polish threshold plates in front of each elevator entry.

e) Stairwells

To be performed daily.

i) Sweep and damp mop floors.

ii) Spot clean walls, doors, and door frames.

iii) Empty and clean trash cans.

iv) Remove gummed labels and graffiti from walls and metal surfaces.

.2 Gate/Hold Areas

To be performed after every departure and as needed (for latest flight schedules check www.flymsy.com)

a) The Gate/Hold Areas includes the gate check-in counter and behind the counter.

b) Empty waste receptacles; do not reach into plastic liners. Replace torn or soiled plastic liners. Clean the outside of the unit if any soil is evident.


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c) Spot clean carpeting to remove visible soil and spills. Report any spots or stains that will require extensive cleaning to supervisor and remove using an approved carpet cleaning method.

d) Spot clean vinyl seating.

e) Sweep up all debris and litter.

f) Spot clean all glass and windows within 70 inches of the floor.

To be performed after final flight of each gate each day

g) Vacuum carpet

h) Remove any stains or spills using approved carpet cleaning method.

i) Empty waste receptacles; do not reach into plastic liners. Replace torn or soiled plastic liners. Clean the outside of the unit if any soil is evident.

j) Spot clean non-cloth covered seating, tables and any other piece of furniture with non-abrasive cleaner and wipe with clean towel.

To be performed weekly and as needed.

k) Spot clean walls, columns, doors, and door frames.

l) Clean non-cloth covered seating, tables and any other piece of furniture with non-abrasive cleaner and wipe with clean towel.

i) Clean the armrest and legs of seating.

ii) Clean table tops and legs of tables.

iii) Clean charging stations.

iv) Clean gate check-in counter.

v) Clean gate ticket podium.

To be performed at least once every two (2) weeks and as needed.

m) Extract carpets using an automatic extractor.

.3 General Interior Public Areas

To be performed nightly

a) All public carpeted area, including all Airport-Owned Jet Bridges, shall be vacuumed nightly. Custodians will use vacuums for Hold Room and other areas. The custodian shall be trained to set the brush height adjustment to the optimal setting for the particular surface being vacuumed. The filters and bags shall be checked to insure that machines are fully operational.


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b) Hard surfaced floors will be dusted and/or spray buffed as required, this work shall normally be done in accordance with Floor Specialist Procedures.

c) All custodians will be responsible for removing gum from the floor and reporting spots to their crew leader.

d) Clean tables, seating, fixtures, walls, partitions, doors, door frames, etc.

e) Clean and disinfect drinking fountains.

f) Empty trash receptacles and replace liners. Clean and disinfect outside of unit.

g) Dust horizontal building and furniture surfaces nightly, dust vertical surfaces as needed but a minimum of twice per week.

h) Pick up any loose-debris and spot clean baggage claim devices.

i) Light dry dust all Flight Information Displays. Extreme care must be taken to not use any cleaners or liquid in dusting the Flight Information Displays.

j) Any other Work that is assigned or recognized that will add to the appearance of the assigned work area.

k) During the performance of all work, the safety of the traveling public must be the top priority. For example, care must be taken when using electrical cords; all machines must be unplugged with cord properly stowed when left unattended, wet floor signs must be deployed when appropriate and immediately removed once the area is dried, etc.

.4 Public Restrooms

To be performed as needed from 4:00 a.m. to 11:00 p.m., but no less than every 30 minutes, unless provided in writing by Director of Aviation or his/her designee.

a) Empty waste receptacles; do not reach into plastic liners. Clean the outside of the unit if any soil is evident.

b) Replace any plastic liners which are soiled or torn.

c) Check any BRILL® plastic liner supply and replace when indicated by system. Return empty rolls to Shift Supervisor for proper disposal.

d) Re-supply towels, toilet paper, sanitary napkin/tampon dispensers and disposal bags, hand soap, and seat covers.

e) Pick up all litter.


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f) Spot clean soiled basins, toilets, walls, stall walls and doors, ledges in the bathrooms used for customers to place their personal items while in the restroom, and floors especially around urinals using cleaner-disinfectant solution from properly marked spray bottle.

g) Clean spills with a mop and cleaner-disinfectant solution. Use “Caution Wet Floor” signs when mopping and drying. Wet floor signs must be immediately removed once the area is dry.

h) Spot clean mirrors.

i) Use plumber’s plunger to unstop any plugged fixtures. If plunging fails to clear the obstruction, immediately report the problem to the Airport’s AVCOM.

j) Report any damaged or out of service fixtures to Airport’s AVCOM.

k) Complete log sheet indicating work has been performed.

Note: If the above work is to be performed by Contractor staff of the opposite sex than the designated restroom (e.g. male cleaning a female restroom), Contractor staff shall ensure no one is in the restroom before entering and then close off the area to the public using the NOAB approved method while cleaning. It is strongly recommended that a person of the same sex clean public restrooms during these times.

Note: All personnel working in restrooms shall be thoroughly trained in the Department of Labor, Occupational Safety and Health Administration, 29 CFR Part 1910.1030 Occupational Exposure to Bloodborne Pathogens Standard for the cleaning and proper disposal of bio-hazardous waste. They shall have been offered a free vaccination against hepatitis B. The restroom cleaner shall wear rubber gloves and other safety items as are applicable and consistent with Occupational Safety and Health Administration rules, regulations, and standards.


l) Close the restroom to the public using the NOAB approved method. The custodian will assemble equipment at the restroom and will wear rubber gloves, eye protection and other safety apparatus as may be required by all applicable regulations.

m) Pick up all loose debris from the floor for disposal.

n) Remove plastic liners from trash receptacles for disposal. Clean the exterior of the trash disposal unit. Clean the interior of the unit if needed. Replace the liner with a clean, intact liner.

o) Re-supply paper towels, toilet tissue, seat cover units, and hand soap.


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p) Check any BRILL® plastic liner supply and replace when indicated by system. Return empty rolls to Shift Supervisor for proper disposal.

q) Check all sanitary napkin/tampon dispenser units. Remove disposable liner. Clean the inside of the unit using a viricide effective against the AIDS virus. Allow to air dry and replace with a new disposable liner.

r) Clean the inside of commodes and urinals with a mop and cleaner disinfectant.

s) Using a garden-type sprayer, charged with a cleaner-disinfectant solution, spray the outside surfaces of the urinals. Scrub the surfaces where urine can accumulate; e.g., the very bottom of the unit and rinse. Re-spray the areas with the garden type sprayer and let the entire unit air dry.

t) Using the sprayer, treat the outside surfaces of the commodes, including the underneath, the wall mounting area, and the surrounding wall. Treat, clean, and dry the seats, unless a BRILL® system is present, check for any problems and leave the seats in the upright position. Allow to air dry if time permits.

u) Clean vanity tops and sinks with a cleaner-disinfectant solution. Use only neutral detergent and a soft cloth to clean chrome fixtures. Do not use harsh abrasive pads or chemicals that will damage chrome.

v) Clean stainless steel, mirrors, and walls within 70 inches of the floor, bathroom stall doors and walls, and other surfaces.

w) Floors must be thoroughly mopped using the cleaner disinfectant solution.

x) Corners, edges, and areas inaccessible to the mop head must be hand scrubbed and must be thoroughly rinsed.

y) All mop water and rinse water must be disposed of through the floor drain so the drain is sanitized and the trap is kept wet.

z) Any wringer bucket will be transported from restroom to restroom empty.

aa) Mop heads shall be machine washed using detergent and water hotter than 160 degrees. Mop heads shall be stored in a manner that will allow them to dry. Mop heads must be used exclusively for restrooms, must be replaced periodically, and must be distinguished from other mop heads by color coding or other visible method.

bb) Personal protective equipment must be worn when doing this work.


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cc) Notify Shift Supervisor of any burned out light bulbs, fixture malfunctions, or other problems.

To be performed once weekly.

dd) Wash all restroom partitions on both sides.

ee) Machine scrub all restroom floors using germicidal detergent.

To be performed once monthly and as needed.

ff) Machine scrub hard surface floors and apply one coat of polish. Allow to dry and then buff.

gg) Strip hard surface floors and recoat with three coats of floor polish.

hh) Machine wash all tile walls.

.5 Exterior Sidewalks/Medians

To be policed after 3:00 p.m. until 7:00 a.m. daily, and 24 hours on weekends and holidays.

a) Contractor shall assign one employee per shift to perform cleaning/policing services on the exterior sidewalks and medians on the upper and lower-level of the terminal.

b) Using a long handled dust pan and broom, sweep up any trash, taking care not to impede the flow of pedestrian traffic and including the curb area. Ensure all cigarettes are extinguished before disposing.

c) Remove cigarette butts and debris from ash urns.

d) Empty waste receptacles into waste bag. Replace torn or soiled plastic liners.

e) Spot clean benches, exterior of ash urns, and waste receptacles to remove debris, soil, and spills.

f) Remove gum and stickers from the floor or sidewalk using the approved method.

g) Spot clean glass, doors, windows, the white metal covering of the parabola frame within 70 inches of the floor and other surfaces as needed to remove fingerprints, smudges, or other soils.

h) Treat spills immediately with absorbing liquids and sweeping up solids. If the spill is of such a nature that the area can be returned to service, return the area to service and make note of the location and the type of spill so that a complete clean-up may be referred to the night shift. If the spill requires extensive work immediately (e.g., a paint spill), completely barricade the affected area using


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NOAB approved barricades to protect the public during the clean-up work and drying time. All barricades and signs must be immediately removed as soon as the area has been cleaned and is dry.

.6 Service Animal Relief Areas (Pet Relief Areas)

To be policed from 4:00 a.m. to 11:00 p.m.

a) Refer to Articles 2.05 and 2.11 for cleaning procedures.

b) Contractor shall supply pet waste pick-up bags.

c) Relief mats shall be washed and disinfected weekly or as needed.

.7 Federal Inspection Service (FIS)

Non-Public Areas - To be performed at least once daily and as needed.

a) Empty trash receptacles and replace liners in offices and office area restrooms. Empty waste receptacles; do not reach into plastic liners. Replace torn or soiled plastic liners. Clean the outside of the unit if any soil is evident.

All Areas - To be performed after every international arrival and as needed.

b) Includes all public and non-public areas, escalators and stairways leading from the jet bridges to U.S. Customs and Border Protection FIS area.

c) Pick up any loose-debris and trash.

d) Hard surfaced floors will be dusted and/or spray buffed as required, this work shall normally be done in accordance with Floor Specialist Procedures.

e) All custodians will be responsible for removing gum from the floor and reporting spots to their crew leader.

f) Clean seating, fixtures, walls, glass, partitions, doors, etc.

g) Clean and disinfect drinking fountains.

h) Empty trash receptacles and replace liners. Empty waste receptacles; do not reach into plastic liners. Replace torn or soiled plastic liners. Clean the outside of the unit if any soil is evident.

i) Dust horizontal building and furniture surfaces, dust vertical surfaces as needed.

j) Spot-clean baggage claim devices.

.8 Common Use Spaces

To be performed as needed

a) Pick up any loose-debris and trash.


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b) Vacuum Carpets.

c) Spot clean carpets.

d) Extract Carpets.

Maintain hard surface flooring in accordance to Article 2.14 Floor Cleaning Procedures.

.9 First Aid or Medical Areas


a) When directed by NOAB or the Director of Aviation or his/her designee, following notification by the police or appropriate staff that the area has been used to administer First Aid, thoroughly clean and disinfect using hospital disinfectants to include, but not be limited to the floor, couch, cots, sinks, walls, etc.. Contractor employees trained in bio-hazard clean up shall be used for this task to the extent required or otherwise requested by the Terminal Maintenance Manager.

b) Any surfaces contaminated with blood or other bodily fluids must be cleaned in accordance with the training provided by Contractor in compliance with Occupational Safety and Health Administration Final Rule 29 CFR Part 1910.1030, Occupational Exposure to Blood-borne Pathogens Standard.

c) All waste and/or materials contaminated by blood or other bodily fluids shall be properly disposed of by a certified Bio-hazardous Waste Disposal Company. NOAB shall be provided a manifest showing contaminated materials were removed from the Airport and also provided with a destruction certificate showing the materials were disposed of in accordance with Occupational Safety and Health Administration and all other federal, state, and local rules and regulations.

.10 Administration and Other Office Areas

To be performed daily

a) Work shall be performed so as to minimize interruption of Airport staff.

b) Empty waste receptacles. Remove plastic liner. Clean trash receptacle with a cleaner-disinfectant solution and dry. Replace plastic liner. If soiled or torn use a new liner.

c) Dust cleared areas of furniture tops, shelves, sills, ledges, clocks, and picture frames using a treated dust cloth.

d) Treat conference table top and other wooden surfaces with cleaner/wax and polish.


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e) Spot clean upholstered furniture, make supervisor aware of any spots that will require extensive cleaning by the Project Crew.

f) Spot-clean glass, doors, door frames, and walls within 70 inches of the floor and furniture.

g) Vacuum all carpeted floors once per week.

h) Clean spills or vacuum rooms as requested by NOAB or the Director of Aviation or his/her designee.

i) Restrooms

i) Re-supply paper towels, toilet paper, sanitary napkin/tampon dispenser and disposal bags, hand soap, and seat covers if less than one fourth full.

ii) Check plastic liner roll level on all BRILL® systems and replace when indicated by the system. Return empty rolls to Shift Supervisor for proper disposal.

iii) Clean and disinfect the inside and outside of all toilets and urinals. Clean both sides of toilet seats, unless a BRILL® system is present, check for any problems and leave the seats in the upright position.

iv) Check all sanitary napkin/tampon dispenser units. Remove disposable liner. Clean the inside of the unit using a viricide effective against the AIDS virus. Allow to air dry and replace with a new disposable liner.

v) Spray entire surface of all counters, cabinets, and sinks with a non-abrasive cleaning solution. Rinse with clean water and damp wipe to remove the excess water. Shine dry with cloth.

vi) Wet mop tile floors with a strong germicidal solution. Special care should be taken to insure no mop build-up accumulates around the edges and corners. All floors must be thoroughly rinsed.

vii) All mop water and rinse water must be disposed of through the floor drain so the drain is sanitized and the trap is kept wet.

viii) Mop heads shall be machine washed and must be stored in a manner that will allow them to dry. Mop heads must be used exclusively for restrooms, must be replaced periodically, and must be distinguished from other mop heads by color coding or other visible method.


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ix) Clean and disinfect urinal partitions.

x) Clean all air vents.

xi) If present, wash shower stalls with phosphoric acid based cleaner solution and rinse thoroughly.

xii) Wear appropriate personal protective equipment when performing this work.

Note: All personnel working in restrooms shall be thoroughly trained in the Department of Labor, Occupational Safety and Health Administration, 29 CFR Part 1910.1030 Occupational Exposure to Bloodborne Pathogens Standards for cleaning and proper disposal of bio-hazardous waste. They shall have been offered a free vaccination against hepatitis B. The restroom cleaner shall wear rubber gloves and other safety items as are applicable and consistent with Occupational Safety and Health Administration rules, regulations, and standards.

.10 Mother’s Rooms

To be policed daily

a) Empty waste receptacles; do not reach into plastic liners. Replace torn or soiled plastic liners. Clean the outside of the unit if any soil is evident.

b) Spot clean carpeting to remove visible soil and spills. Report any spots or stains that will require extensive cleaning to supervisor and remove using an approved carpet cleaning method.

c) Spot clean vinyl seating.

d) Sweep up all debris and litter.


e) Vacuum carpets.

f) Remove any stains or spills using approved carpet cleaning method.

g) Empty waste receptacles; do not reach into plastic liners. Replace torn or soiled plastic liners. Clean the outside of the unit if any soil is evident.

h) Spot clean non-cloth covered seating, tables, and any other piece of furniture with non-abrasive cleaner and wipe with clean towel.

To be performed weekly and as needed.

i) Spot clean walls, columns, doors, and door frames.


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j) Clean non-cloth covered seating, tables, and any other piece of furniture with non-abrasive cleaner and wipe with clean towel.

k) Clean the armrest and legs of seating.

l) Clean table tops and legs of tables.

m) Clean charging stations.

To be performed at least once every two (2) months and as needed.

n) Extract carpets using an automatic extractor.


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2.10 TRANSPORTATION AND SAFETY ADMINISTRATION AREAS

.1 The Transportation Safety Administration (TSA) is the Airports largest tenant and employs several hundred people. The TSA passenger screening areas are heavily used and shall be considered extremely high traffic areas. Contractor shall also take into consideration the large quantity of stanchions, garbage cans, and other fixtures the Contractor will have to contend with when performing work. Furthermore, Contractor is responsible for any damage to screening equipment that may result of services rendered at the Airport.

.2 As shown on the Facility Layout Sketches included in Appendix A, the areas used by the TSA are designated as Blocks A through E.

.3 Cleaning is to be performed between 12:00 p.m. and 8:00 p.m. to the extent possible. Access to spaces can be obtained by reporting to the TSA Screening Operations Center (SOC). The SOC is open 24 hours a day.

.4 Contractor shall provide janitorial services to the following TSA areas:

a) Block A: TSA Supervisor Office/BDO

b) Block B: MSOC

c) Block C: Training Room

d) Block D: Break Room

e) Block E: Administration Area/Coordination Center

f) TSA Passenger Screening Areas

.5 The following level of janitorial services are required for the TSA areas:

a) Continuous: Empty waste receptacles in the queue leading up to the TSA Passenger Screening Areas.

b) Twice Daily: Empty waste receptacles in Block C and D break room; do not reach into plastic liners. Replace torn or soiled plastic liners. Clean the outside of the unit if any soil is evident. Once between 12:00 p.m. (noon) and 1:00 p.m. and a second time with the general cleaning at 6:00 p.m.

c) Daily general cleaning to be performed at 6:00 p.m., except for the cleaning of TSA Passenger Screening areas, which shall be performed as needed. The times for daily cleanings of TSA Passenger Screening areas shall be coordinated with the Director of Aviation or his/her designee in conjunction with the TSA:

i) Empty waste receptacles in Blocks A, B, C, D, E, and TSA Passenger Screening Areas. Replace torn or soiled plastic liners. Clean the outside of the unit if any soil is evident.


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ii) Dispose of all trash and garbage generated in Blocks A, B, C, D, E, and TSA Passenger Screening Areas.

iii) Dust all horizontal surfaces that are readily available and visibly require dusting in Blocks A, B, C, D, E, and TSA Passenger Screening Areas.

iv) Damp wipe tables, chairs, and faucet/drains in Blocks C, D, and TSA Passenger Screening Areas.

v) Clean glass entry door to Block E and all glass partitions and glass walls in TSA Passenger Screening Areas.

vi) Sweep in Blocks A, B, C, D, E, and TSA Passenger Screening Areas.

vii) Vacuum and spot clean any spills on the carpet in Blocks A, B, C, D, E, and TSA Passenger Screening Areas.

viii) Damp mop areas in Blocks A, B, C, D, E, and TSA Passenger Screening Areas.

d) Every Week or as needed:

i) Damp mop and spray buff all resilient floors in Blocks B, C, D, E and TSA Passenger Screening Areas.

ii) Perform flooring maintenance Passenger Screening Areas according to floor cleaning procedures in Article 2.14.1 – Terrazzo Floors.

(a) Contractor shall coordinate and receive approval with the Director and TSA designee prior to deep cleaning carpet.

(b) Contractor may only be given a small period of time to perform deep cleanings due to Airport operations.

(c) Contractor shall be responsible to remove and replace stanchions, garbage cans, and any other furniture or fixture needing to be moved for deep cleanings. Additional staffing will likely be required.

e) Every Two Weeks:

i) Deep clean carpet using only extraction, dry encapsulation, or other NOAB approved methods.

(a) Contractor shall coordinate and receive approval with the Director and TSA designee prior to deep cleaning carpet.


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(b) Contractor may only be given a small period of time to perform deep cleanings due to Airport operations.

(c) Contractor shall be responsible to remove and replace stanchions, garbage cans, and any other furniture or fixture needing to be moved for deep cleanings. Additional staffing will likely be required.

f) Monthly in Blocks A, B, C, D, E, and TSA Passenger Screening Areas:

i) Thoroughly dust office furniture.

ii) Completely sweep and vacuum floors.

iii) Spot clean all wall surfaces within 70 inches of the floor.

iv) Clean glass bulletin boards.

v) Perform a full extraction of the carpet in TSA Passenger Screening Areas.

g) Every Two Months:

i) Damp wipe and clean outside area of ceiling vents in Blocks A, B, C, D, E, and TSA Passenger Screening Areas.

ii) Damp wipe entry doors and lockers.

iii) Dust wall surfaces within 70 inches of the floor, vertical surfaces, blinds, light fixtures, and under surfaces in Blocks A, B, C, D, E, and TSA Passenger Screening Areas.

h) Quarterly:

i) Wash all interior windows and other glass surfaces in Blocks C and E.

ii) Strip and apply four (4) coats of finish to resilient floors in Blocks B, C, D, E, and TSA Passenger Screening Areas.

i) Annually:

Shampoo carpets in Blocks C and E.


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2.11 REMOTE LOCATIONS ROUTINE CLEANING PROCEDURES

.1 A.R.F.F. Facility

Daily - Clean all office areas, bunkrooms, kitchen, and restrooms ONLY according to cleaning procedures in Article 2.09.9

.2 Airfield Maintenance

Daily - Clean all office areas, kitchen, and restrooms ONLY according to cleaning procedures in Article 2.09.9

.3 Ground Transportation Office

Daily - Clean all office areas and restrooms according to cleaning procedures in Article 2.09.9

.4 Downtown Heliport

Once monthly or as needed - Refer to Article 2.09.9

.5 Taxi Lounge/Restrooms

a) Refer to Articles 2.09.3 Public Restrooms and 2.09.9 Administration and Other Office Areas for cleaning procedures.

b) Empty trash and replace trash bags for waste cans located outside of the Taxi Lounge/Restrooms. Pick-up any loose debris or trash in the vicinity of waste cans and spot-clean exterior of waste cans.

c) Bathroom cleaning:

i) Bathrooms in the Taxi Lounge/Restrooms shall be cleaned no less than every two (2) hours from 6:00 a.m.-12:00 a.m. (midnight). Additional cleanings may be required during peak periods as identified by the Director or designee.

ii) A detailed bathroom cleaning shall occur at 2:00 a.m. daily.

iii) The procedures in Article 2.09.3 shall be used for cleaning restrooms between 6:00 p.m. and 12:00 a.m. (midnight). The procedures in Article 2.09.9(i)-(x) above shall be used for the final nightly cleaning at 2:00 AM.

.6 Pedestrian Bridges and Ground Transportation Center including Restrooms

Refer to Articles 2.09.1 and 2.12 for cleaning procedures.

.7 Remote Locations - General

a) Stairwells/stairs—Refer to Article 2.09.1(e) for cleaning procedures.

b) Elevators—Refer to Articles 2.09.1(d) and 2.12.4 for cleaning procedures.


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c) Trash Containers—Refer to Article 2.09.1(k) for cleaning procedures.

d) Signage—Refer to Article 2.12.15 for cleaning procedures.


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2.12 PERIODIC CLEANING PROCEDURES

.1 Deep Clean All Restrooms

To be performed at least once weekly or as needed.

a) Close the restroom to the public using the apparatus and signage specified by NOAB.

b) Assemble equipment at the restroom and wear rubber gloves, eye protection, and other safety apparatus as may be required by applicable regulations.

c) Pick up all loose debris from the floor for disposal.

d) Remove plastic liners from trash receptacles for disposal. Clean the interior of the trash disposal unit. Replace the liner with a clean intact liner. Empty rolls shall be returned to the Shift Supervisor for proper disposal.

e) Re-supply paper towels, toilet tissue, seat cover units, and hand soap.

f) Check plastic liner roll level on all BRILL® systems and replace when indicated by the system.

g) Check all sanitary napkin/tampon disposal units. Remove disposable liner. Clean the inside of the unit using viricide effective against the AIDS virus. Allow to air dry and replace with new disposable liner. Dispose of waste in accordance with Occupational Safety and Health Administration regulations.

h) Clean the inside of commodes and urinal with a disposable mop and cleaner disinfectant.

i) Using a garden type sprayer charged with a cleaner-disinfectant solution, spray the outside surface of the urinals. Scrub the surfaces where urine can accumulate; e.g., the very bottom of the unit, and rinse. Re-spray the areas with the garden type sprayer and let the entire unit air-dry.

j) Using the sprayer treat the outside surfaces of the commodes, including the underneath, the wall mounting area, the surrounding wall, and both sides of the seat. Clean and dry the seats, unless a BRILL® system is present, check for any problems and leave the seats in the upright position. Allow the unit to air-dry if time permits.


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k) Clean vanity tops and sinks with cleaner-disinfectant solution. Use ONLY neutral detergent and a soft cloth to dry chrome fixtures. Harsh abrasive pads or chemical will damage chrome.

l) Clean stainless steel, mirrors, and other surfaces as needed.

m) The floor shall be scrubbed according to manufacturer’s specifications. Areas such as corners and edges that cannot be effectively cleaned by equipment must be cleaned by hand. The chemical shall be a cleaner disinfectant solution with little or no odor. The residue shall be vacuumed up using a wet/dry vacuum. The floor will then be rinsed and mopped dry.

n) The floor drain shall be disassembled and cleaned on the top and underside. The drain will be sprayed with a disinfectant and allowed to air dry.

o) Treat each fixture, commode or urinal, with the recommended amount of a citric acid based bowl cleaner and do not flush.

NOTE: No chemical products containing hydrochloric acid are permitted.

p) Clean upper wall surfaces and spray with the cleaner disinfectant solution.

q) Clean light fixtures and/or diffusers.

.2 Deep Clean Carpet

To be performed at least once every two (2) weeks and as needed.

a) Deep clean all carpet areas in Public Areas and Gate Hold Rooms.

b) Use only extraction, dry encapsulation, or other NOAB approved method as detail in Floor Cleaning Procedures Article 2.14.

.3 Deep Clean Hard Surface Floors

a) All Terrazzo floors are to be maintained as recommended by the National Terrazzo and Mosaic Association with the approval of the Director of Aviation or his/her designee.

To be performed quarterly

b) Clean all Terrazzo and vinyl flooring as directed in Floor Cleaning Procedures Articles 2.14.1(c) and 2.14.2(c).


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To be performed yearly

c) Clean all Terrazzo and vinyl flooring as directed in Floor Cleaning Procedures Articles 2.14.1(d), and 2.14.2(d).

.4 Deep Clean Passenger Elevators

To be performed at least once every week and as needed.

a) Remove the elevator from service using NOAB approved method.

b) All elevator surfaces including doors, door frames, buttons, walls, ceiling, signage, and floors shall be cleaned with the appropriate method and with the appropriate chemicals and supplies.

c) Cleaning procedures for elevators must pay particular attention to the amount of water and/or cleaning liquid used. The control panels contain electrical components which may be damaged by water. Chemicals dispensed from spray bottles shall be lightly sprayed on a cloth and the cloth shall be used to clean these areas; never spray these areas directly.

d) Clean ceiling panels in place. Report any expended bulbs or floor indicator lights to the Shift Supervisor who will submit a Work Order for replacement using the Airport’s Work Order System.

e) Clean graphics, using the NOAB approved method for the particular type of graphic. If of the same composition as other Airport graphics, the chemical used shall be a neutral detergent with a small amount of isopropyl alcohol, only enough to facilitate drying and help minimize the possibility of streaking. If not, use a method to be determined by the Director of Aviation or his/her designee.

f) Clean graffiti using the approved method for the particular type of graffiti. The chemical used shall be a neutral detergent with a small amount of isopropyl alcohol to facilitate drying and help minimize the possibility of streaking.

g) Clean walls, doors, and vacuum door tracks.

h) Return the car to service.

NOTE: Those areas that are normal focal points for the passengers such as the elevator call button, including its surrounding plate, and the floor indicator graphics require extra attention.


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.5 Clean Escalators

To be performed at least twice weekly or as needed.

a) When the work is performed on escalators they must be removed from public use, turned off by authorized personnel, and barricaded at the top and bottom.

b) The top and bottom approach and walk off areas shall be cleaned, all dirt, debris, and gum removed, and thoroughly dried before returning the escalator to service.

c) Stainless steel panels will be cleaned using the approved method, taking care to protect aluminum surfaces; e.g., the treads, from contamination which will cause the discoloration of the aluminum tread.

d) Glass surfaces shall be spot cleaned using a mild solution of detergent in water applied with a lamb’s wool applicator and a squeegee. Excess solution shall be absorbed with the applicator or a chamois to prevent contamination of adjacent surfaces.

e) Disinfect the handrails using a quaternary cleaning solution. Dry thoroughly.

.6 Clean Public Seating and Surrounding Area

To be performed at least twice monthly.

a) All vinyl public seating must be washed with a mild degreasing solution. Included are any tables connected to, or adjacent to seating units and any walls, glass, windows, displays, etc., immediately behind the seating units.

b) Aluminum or stainless steel frames will be polished and then protected with a hard wax finish.

c) Vinyl components of the seating units shall be restored with a vinyl restorative chemical.

d) Upholstered furniture; e.g., chairs, couches, etc. shall be cleaned using the CFR cleaning extraction machine. The work will be scheduled to provide maximum drying time for the furniture.

e) New seating units shall be maintained in accordance with the manufacturer’s recommendations.

.7 Clean Upholstered Furniture, NOAB Offices

To be performed at least twice yearly.

a) Upholstered office furniture; e.g., chairs, couches, etc. shall be cleaned using a cleaning extraction machine. The work will be


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scheduled over a three day weekend to provide maximum drying time for the furniture.

b) Wood trim on furniture will be cleaned with a method to prevent over-spray of wood cleaning chemicals onto the fabric.

.8 Clean all NOAB Showcases, Displays, and Pictures

To be performed monthly for all areas within 70 inches of the floor and to be performed at least four (4) times per year for all areas above and below 70 inches from the floor

a) Show cases and displays that belong to the NOAB will be cleaned. The materials and finishes of the cases are varied; the cases are secured and in some cases may contain valuable and/or historic items. Contractor’s personnel shall coordinate cleaning of the display cases with the Director of Aviation or his/her designee.

b) Picture frames shall be dusted and the glass cleaned and polished using the glass cleaning chemical and procedure. If the picture is hung from a single point make sure that it is straight with the bottom edge parallel to the floor.

.9 Strip, Clean and Polish Stainless Steel

To be performed at least quarterly.

a) Employees assigned to this task must wear heavy duty rubber gloves and eye protection. The work area must be isolated from the public.

b) Using the non-ammoniated floor stripper and taking care to protect surrounding surfaces, wipe the stainless steel with clean soft rags moistened with the solution.

c) Rinse with clear water and dry thoroughly.

d) Apply a fairly heavy coat of food grade mineral oil to the surface and buff using clean absorbent rags.

e) Wipe off all excess oil.

Note: The purpose of the mineral oil is to facilitate the removal of finger prints and soil from the surface during daily dusting. It is not to provide a shiny look to the stainless steel; if it does there is probably too much oil present.

Note: Do not use a no-rinse stripper for this work.

.10 Scrub Exposed Interior Aggregate Surfaces

To be performed at least three (3) times per year.

a) In order to clean the surface and not impact surrounding surfaces, this work shall be done by hand. A medium stiff nylon brush and a


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mild degreasing solution shall be used to clean the area, taking care to protect adjacent surfaces. In the case of restoration or extreme soiling, a powdered abrasive cleaner may be used.

b) The surface shall be thoroughly rinsed and allowed to air dry.

c) Use personal safety equipment including eye protection when doing this work.

.11 Clean Granite/Marble Surfaces

To be performed at least two (2) times per year.

a) Polished granite and marble surface must be protected from contact with harsh alkaline or acidic cleaning chemicals. Care must be taken to prevent overspray or dripping of other cleaning agents specified for use in the restrooms from contaminating the polished granite or marble trim. Should contamination occur, the affected area should be rinsed immediately with clean clear water.

b) Wash natural polished surfaces frequently to remove residual dust that might become ingrained. Use clean warm water, mild detergent, and a clean cloth. Rinse with clean water and wipe dry with a clean cloth or a chamois.

c) Care must be taken when mopping to keep from splashing dirty water on the granite at its intersection with the floor which leaves a mop line. To prevent this, the floor mopping should stop at least 2 inches from the granite base. The 2 inch strip around the edge of the floor shall be cleaned by hand using a brush and the mopping solution.

d) Immediately report any discoloration which does not respond to the cleaning method above to Shift Supervisor.

.12 Clean Ceramic Tile Walls

To be performed monthly.

a) The walls shall be brushed with a hand held medium stiff brush for small areas or a medium stiff floor type broom for large areas.

b) Adjacent areas which are not ceramic tile should be protected from the overspray of the brushing process.

c) The choice of chemical cleaning solutions used will depend on the location of the wall and the type of soiling encountered; i.e., restrooms would require a germicide whereas a decorative wall would require only a neutral detergent. The supervisor will supply the appropriate chemical cleaning agent to the custodian.

d) Dry the surface of the tile to prevent spotting when using a germicide but allow the solution to air dry in the grout lines.


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.13 Clean Vinyl and Painted Walls

To be performed at least three (3) times per year and as needed.

a) These walls are cleaned in a variety of ways and with a variety of chemicals depending on the type of soil and location. In general, the most common method is to wash the area with detergent and water using a sponge or soft brush for stubborn soil. Grease and other soil; e.g., lipstick is cleaned with a butyl type cleaner.

b) The walls should be washed from the bottom up and rinsed with clear water after cleaning; in both cases a minimum amount of water should be used.

c) If areas do not respond to the cleaning methods described above, the supervisor is to be notified.

.14 Clean Wood Walls

To be performed at least twice yearly.

a) Wood walls shall be cleaned following the manufacturer’s recommendations.

b) After cleaning, the finish may be protected with a good quality furniture polish.

.15 Clean Interior Signage

To be performed at least quarterly and as needed.

a) Includes all way-finding signage and graphics in the interior public areas and gate/hold areas.

b) All work is to be coordinated through the Terminal Maintenance Manager. The work shall be done during the overnight hours. Contractor shall submit a work plan three (3) months prior with the method for cleaning hard to reach places.

c) The graphics shall be cleaned using a mild neutral detergent solution and soft clean rags. No abrasive or harsh chemicals shall be used in this project.

d) The top of the graphics, if open to the air, shall be vacuumed.

e) The graphics must be gently dried with a soft clean white towel before moving to the next section.

f) Report any lighting or structural problem to Shift Supervisor.

Note: No other treatment, such as wax or dust treatments are used on the graphics which may affect light reflectivity and readability.


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.16 Interior Window Cleaning

a) Work shall be done using the first class method as defined in Article 2.09.1(n).

b) Interior window refers to the full pane of any window which can be touched by people or 70 inches from the floor, whichever is higher.

c) Work includes cleaning of the window frames and sills; care shall be taken to absorb all runoff from the window washing work.

d) Work shall be timed to avoid negatively impacting, in any way, the passenger traffic or airline operations at the gate areas or any other areas.

e) Work shall be coordinated with the Director of Aviation or his/her designee and a detailed procedure and methods of cleaning intended for use in these areas must be presented to Terminal Maintenance Manager prior to commencing.

To be done at least once weekly and as needed.

f) Clean all inside surfaces of all storefront-type perimeter wall windows and glass doors in all Concourses including leased airline Gate Hold Areas.

g) Clean inside and outside of storefront type windows, entrance glass doors, and glass partitions at Baggage Claim Level and Ticket Lobby entrance.

h) Clean inside and outside of windows and window frames of Transportation Center located across from the Main Terminal Baggage Claim Level, Taxi Lounge, and Taxi Starter Booths.

To be done at least once monthly.

i) Clean inside of perimeter windows of the 3rd floor of the Main Terminal including all administration offices, Board Room, etc.

j) Clean inside of all windows and glass of Remote Locations including A.R.F.F. Facility, Airfield Maintenance, and Downtown Heliport.

.17 Parabolic Window Wall

To be performed yearly and as needed.

a) The window wall is to be cleaned on the inside from a high lift device and/or scaffolding. All work is to be coordinated through the Director or his/her designee. The work shall be done during the overnight hours.


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b) Contractor shall submit the proposed method to gain access to these windows before commencing with the work. The method is subject to the approval of the NOAB.

c) This work shall initially be scheduled once per year but may be adjusted as experience dictates.

.18 High Reach Window Cleaning, Waveforms, and Skylights

To be performed twice per year and as needed.

a) Dust and spot clean all wall lighting and suspended light fixtures. Work shall be done only when the fixtures are turned off. Work shall be done using the first class method and shall include window frames.

b) Work may be done with ladders, scaffolding, bosun’s chair, or lifting device. No gasoline powered equipment will be allowed inside. The area below the Work shall be barricaded to protect the public and Airport employees.

c) All Work shall be done in a safe manner as determined by Contractor and in compliance with all O.S.H.A., Federal, State and Local and Airport Rules and Regulations.

d) Scaffolding and/or ladders must be barricaded and minimize impact to passenger traffic.

e) Work shall be done in a manner that protects passengers from exposure to falling debris and dust.

To be performed yearly and as needed.

f) High reach windows refers to the full pane of any window that cannot normally be touched by people and above 70 inches.

g) Clean inside of all high reach windows in all Concourses.

h) Clean the inside of all skylights; one in the Concourse D lobby and the second in Concourse D.

.19 Interior Glass Cleaning

a) All Work is to be done using the first class method.

b) Care must be taken to avoid interfering with passengers, employees, or visitors to the areas being services.

c) Work using scaffolding and/or ladders must be barricaded and minimize impact to passenger traffic.

d) Work should be coordinated with the Director of Aviation or his/her designee and should be scheduled at night.


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e) Work, especially for high reach areas, shall be safe as determined by Contractor and in compliance with all O.S.H.A., Federal, State, local, and Airport Rules and Regulations.

To be performed twice per year

f) Clean the office side of all glass partitions in the waiting area for the NOAB executive offices on the third floor of the Main Terminal.

g) Clean the office side of the partition glass and window wall at the perimeter of the NOAB executive office area on the third floor of the Main Terminal.

h) Clean the office side of the partition window wall at the east/west corridors at the NOAB offices located after the first security door on the third floor of the Main Terminal.

i) Clean the office side of the low railing glass prevalent on the third floor including the cross over bridge located before the first security doors connecting the east and west corridors.


j) Clean terminal side of all glass partitions in the waiting area for the NOAB executive offices on the third floor of the Main terminal.

k) Clean the terminal side of the partition glass and window wall at the perimeter of the NOAB executive office area on the third floor of the Main Terminal.

l) Clean the U.S. Customs and Immigration area, including all booths.

.20 High Reach Cleaning

a) All Work shall be done in a safe manner as determined by Contractor and in compliance with all O.S.H.A., Federal, State and Local and Airport Rules and Regulations.


b) Damp wipe all walls above 8 feet.

c) Dust and spot clean ceiling beams and trusses in Concourses C and D.

d) Dust and spot clean ceilings in all concourses.

e) Dust and wash all ledges above 70 inches; in most cases the ledges may be vacuumed. Care in cleaning must be exercised to prevent the spread of dust.

f) Clean murals and art works in accordance with the artists’ recommendations.


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To be performed twice per year

g) Dust and spot clean all wall lighting and suspended light fixtures. All Work shall be done only when the fixtures are turned off. Contractor’s personnel may be required to re-lamp while cleaning the exterior and interior of the fixtures.


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2.13 SPECIAL PROJECTS PROCEDURES

.1 Concourse A Special Event Cleaning


a) All circulation areas, gate holds, and restrooms of Concourse A.

b) Empty waste receptacles; do not reach into plastic liners. Replace torn or soiled plastic liners. Clean the outside of the unit if any soil is evident.

c) Dust horizontal building, furniture surfaces, and vertical surfaces as needed.

d) Spot clean carpeting to remove visible soil and spills.

e) Spot clean vinyl seating.

f) Clean and disinfect drinking fountains.

g) Spot clean interior windows.

h) Clean interior windows, glass doors, and partitions using the first-class method.

i) Remove all debris and vacuum all carpeted area.

j) Restrooms

i) Re-supply paper towels, toilet paper, sanitary napkin/tampon dispensers and disposal bags, hand soap, and seat covers if less than one fourth full.

ii) Check plastic liner roll level on all BRILL® systems and replace when indicated by the system. Return empty rolls to Shift Supervisor for proper disposal.

iii) Clean and disinfect the inside and outside of all toilets and urinals. Clean both sides of toilet seats, unless a BRILL® system is present, check for any problems and leave the seats in the upright position.

iv) Check all sanitary napkin/tampon dispenser units. Remove disposable liner. Clean the inside of the unit using a viricide effective against the AIDS virus. Allow to air dry and replace with a new disposable liner.

v) Spray entire surface of all counters, cabinets, and sinks with a non-abrasive cleaning solution. Rinse with clean water and damp wipe to remove the excess water. Shine dry with cloth.


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vi) Wet mop tile floors with a strong germicidal solution. Special care should be taken to insure no mop build-up accumulates around the edges and corners. All floors must be thoroughly rinsed.

vii) All mop water and rinse water must be disposed of through the floor drain so the drain is sanitized and the trap is kept wet.

viii) Clean and disinfect urinal partitions.

ix) Clean all air vents.

.2 Special Event GA Terminal Cleaning


Refer to Article 2.09.9 for cleaning procedures.


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2.14 FLOOR CLEANING PROCEDURES

.1 Terrazzo Floors

All Terrazzo floors shall be maintained as recommended by the National Terrazzo and Mosaic Association with the approval of the Director of Aviation or his/her designee. The following standards are not to be construed as complete. Any items not specifically included, but found necessary to properly care for all terrazzo floor surfaces, shall be included as though written into these specifications. Terrazzo floor finishes shall be polished in such a fashion to create or maintain a high level of gloss. As a reference, portions of the ticketing level of the Airport have been polished utilizing the 3M Stone Floor Protection System. This process has produced an acceptable level of gloss.

a) Daily

Dust mop with a treated dust mop to remove loose dirt, dust, and debris. Use a clean mop or automatic scrubber, equipped with red pads, and clean high traffic areas using a neutral detergent solution. Rinse mop frequently and change solution as needed. Pick up “trails” with a mop and bucket also filled with the neutral detergent solution. After the floor is dry, high speed buff with aqua colored pads.

b) Biweekly and as needed

In high traffic areas and as directed by the Director of Aviation or his/her designee, dust with a treated dust mop to remove any loose dirt, dust, and debris. Use a 175 rpm single disk machine with red or blue pad or automatic scrubber with a red or blue pad and scrub floor with cleaner solution. Use a separate mop head to apply three (3) coats of thermoplastic finish: allow each coat to dry before applying the next. Allow to dry 24 hours if possible, then buff. Excess finish on trim, in corners, or where the floor meets the wall must be removed.

c) Quarterly

Dust with a treated dust mop to remove any loose dirt, dust, and debris. Use a 175 rpm single disk machine with red or blue pad or automatic scrubber with a red or blue pad and scrub floor with cleaner solution. Use a separate mop head to apply three (3) coats of thermoplastic finish: allow each coat to dry before applying the next. Allow to dry 24 hours if possible, then buff. Excess finish on trim, in corners or where the floor meets the wall must be removed.


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d) Yearly (or as needed)

Completely strip all old finish using a rinse free stripper. Work with the stripper in relatively small areas (100 square feet). Apply the stripper and allow working for 3 to 5 minutes, then agitating the area with a mop or machine scrub. Do not allow stripper solution to dry. If longer contact time is required due to excessive build up, re-wet with stripper solution and repeat procedures. Do not attempt to work in too large an area at one time. Pick up using a mop, wet vacuum or automatic scrubber. Damp mop once or twice. Apply two (2) coats of sealer followed by three (3) coats of thermoplastic finish. Alternate coats when applying to the edges. Do not apply every coat of finish to the edge.

This procedure will prevent excess finish build-up at the edges. Allow to dry 24 hours before high speed burnishing.

Excess finish on trim, in corners, or where the floor meets the wall must be removed.

e) This work shall be done only by the trained Floor Specialists.

Notes:

i) Wet floor signs should always be posted for the safety of all employees and visitors. Signs should be removed immediately after the area is dry.

ii) Change burnishing pads frequently. Do not burnish with a dirty pad.

iii) Read and review all Material Safety Data Sheets for the chemicals used in the cleaning process.

iv) Review the operator’s manual for all the equipment being used. If not properly trained to use a certain piece of equipment, see supervisor.

v) Use proper heavy rubber gloves and eye protection when handling or applying cleaning chemicals.

vi) Use ETC Gator shoes (or approved comparable footwear) during the floor stripping process or at any time when the chance of slipping is possible.


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.2 Vinyl Tile Flooring

The following standards are not to be construed as complete. Any items not specifically included, but found necessary to properly care for all hard floor surfaces, shall be included as though written into these specifications. Hard floors shall be maintained in such a manner as to promote longevity and shall be left in a clean, orderly, and safe condition. The end result of all hard floor cleaning procedures is to leave all surfaces free of dust, dirt soil, gum, cleaning agents, and all removable stains. All finished floor areas will be polished to a high sheen with an acceptable floor buffer or burnisher as needed to sufficiently maintain maximum gloss on flooring that does not have an intended matte finish. All residual dust from this process will be removed from the floor, edges, baseboards, and surrounding surfaces will be buffed.

a) Daily

Dust with a treated dust mop. Spot clean as needed.

b) Weekly

Dust mop to remove loose dirt, dust, and debris. Damp mop with neutral detergent. Spray buff once dry.

c) Quarterly

Scrub with detergent and a red or blue pad. Apply two (2) coats of wax allowing the first to dry before applying the second. When thoroughly dry, use a rotary 175 RPM machine to spray buff. Excess finish on trim, in corners, or where the floor meets the wall must be removed.

d) Yearly

Completely strip off all wax using a no rinse stripper. Work in small areas of approximately 100 square feet. Mop with damp mop and apply two (2) coats of sealer, followed by three (3) coats of wax allowing each to dry. If possible wait 24 hours before buffing. Excess finish on trim, in corners, or where the floor meets the wall must be removed.

Notes:

i) Wet floor signs should always be posted for the safety of all employees and visitors. Signs should be removed immediately after the area is dry.

ii) Change buffing pads frequently. Do not buff with a dirty pad.


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iii) Read and review all Material Safety Data Sheets for the chemicals used in the cleaning process.

iv) Review the operator’s manual for all the equipment being used. If not properly trained to use a certain piece of equipment, see supervisor.

v) Use proper heavy rubber gloves and eye protection when handling or applying cleaning chemicals.

vi) Use ETC Gator shoes (or approved comparable footwear) during floor stripping process or at any time when the chance of slipping is possible.

.3 Resinous Flooring

All resinous floors are to be maintained as recommended by the manufacturer with the approval of the Director of Aviation or his/her designee. The following standards are not to be construed as complete. Any items not specifically included, but found necessary to properly care for all hard floor surfaces, shall be included as though written into these specifications. Hard floors shall be maintained in such a manner as to promote longevity and shall be left in a clean, orderly, and safe condition. The end result of all hard floor cleaning procedures is to leave all surfaces free of dust, dirt soil, gum, cleaning agents, and all removable stains. All finished floor areas will be polished to a high sheen with an acceptable floor buffer or burnisher as needed to sufficiently maintain maximum gloss on flooring that does not have an intended matte finish. All residual dust from this process will be removed from the floor, edges, baseboards, and surrounding surfaces will be buffed.

a) Daily

i) Sweep resin flooring at least once daily and as needed to remove any dirt, dust, or other grime.

ii) Usie a soft cloth with warm soapy water if necessary to clean accidental spills as soon as they occur. Then dry the area with second soft cloth to prevent the soiled water from leaving a grimy film on the floor’s surface.

iii) Mop resinous flooring in high traffic areas daily and as needed using a floor cleaning solution that has been specially formulated for use on resin flooring. Water should be changed frequently and mops shall be rinsed often.


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Note: Loose dirt can act as an abrasive on the surface of the flooring and dry mopping flooring with a cotton mop regularly may reduce the need for sweeping. Steel or hard rubber wheels can leave marks that require extra attention. Tire marks should be scrubbed thoroughly with a stiff bristle brush along with cleaning solution.

b) Weekly

i) Resinous flooring shall be scrubbed on a Monday, Wednesday, and Friday schedule unless directed otherwise by the Director of Aviation or his/her designee, using a mechanical scrubber or bristle brush that will dislodge dirt and grease from the depressions of the textured surface. If a machine is used it shall be charged with a mild cleaning solution.

ii) All surfaces adjacent to the resinous flooring shall be protected to insure that they are not negatively impacted by the cleaning process. Excess finish on trim, in corners, or where the floor meets the wall must be removed.

Notes:

iii) Wet floor signs should always be posted for the safety of all employees and visitors. Signs should be removed immediately after the area is dry.

iv) Change buffing pads frequently. Do not buff with a dirty pad.

v) Read and review all Material Safety Data Sheets for the chemicals used in the cleaning process.

vi) Review the operator’s manual for all the equipment being used. If not properly trained to use a certain piece of equipment, see supervisor.

vii) Use proper heavy rubber gloves and eye protection when handling or applying cleaning chemicals

viii) Use ETC Gator shoes (or approved comparable footwear) during floor stripping process or at any time when the chance of slipping is possible.


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.4 Hot Water Extract Carpet Cleaning

a) The operator shall be fully trained in the operation and mechanical systems of the equipment and shall be conversant with the manufacturers recommended maintenance and cleaning procedures.

b) All spots will be pre-treated ahead of the extractor, being sure that the pre-treat solution has time to work before extraction, but in no case less than five (5) minutes.

c) During operation of the extractor the operator should periodically feel the carpet to insure that the vacuum shoe is picking up properly and that the carpet is not overly wet.

d) In no case will any substitution of the specified hot water extraction cleaning chemical be permitted without the approval of the NOAB.

e) At least once per year, in order to prevent chemical build up, extraction shall be done using no chemical additive to the clean hot water.

f) This shall be done by the trained Floor Specialists.

.5 Rotary Scrub Carpet Cleaning

a) Spots will be pre-treated, allowing time for the chemical pre-treatment to work.

b) The carpet shall be thoroughly vacuumed using an upright vacuum or a pile lifter before rotary scrubbing.

c) Using the machine and chemicals specified, scrub high traffic areas or excessively soiled areas on an as-needed basis in addition to the frequency specified in scheduled projects.

d) Scrubbing can be done using the self-contained solution tank on the rotary scrubber or by spraying the area to be cleaned with cleaning solution from a pump type sprayer. In either case, after scrubbing, water shall be removed from the carpet using a wet-dry vacuum or the vacuum head or wand attachment of the extractor.

e) When scrubbing carpet, care must be taken to keep the machine moving and not let it run on one section of carpet. Care must also be taken to feather out the edges of the work area so the area blends into the field carpet.

f) This work shall be done only by the trained floor specialist.


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2.15 CHEMICAL SPECIFICATIONS AND THE USE OF “GREEN” PRODUCTS

.1 As used in the foregoing Chemical Specifications,

a) “GS” designates Green Seal standards. Contractor can find information on manufacturers who produce industrial cleaning supplies that meet this GS standard at: http://www.greenseal.org/FindGreenSealProductsAndServices.aspx

b) “CCD” designates the certification criteria standards of EcoLogo Environmental Choice program. Contractor can find information on manufacturers who produce industrial cleaning supplies that meet these CCD standards: http://www.ecologo.org/en/greenproducts/professional/

c) “CFPA” refers to the Chlorine Free Products Association (http://www.chlorinefreeproducts.org).

d) “CRI” designates the standards developed by the Carpet and Rug Institute (http://www.carpet-rug.org).

.2 Chemical Cleaning Products

Contractor shall only use chemicals and products that comply with the foregoing specifications unless otherwise specifically stated in the Summary of Work or by the express permission of the Director of Aviation or his/her designee.

a) Glass Cleaners, All Purpose Cleaners, General Purpose Cleaners, and Washroom Cleaners shall meet the requirements of GS-37 and/or CCD-146.

b) Other cleaning chemicals not covered by GS-37 (i.e. furniture polish, metal polish, disinfectants) shall meet the following:

i) California Code of Regulations for the maximum VOCs by product category; AND/OR

ii) GS-34 and/or CCD-110 for Cleaning and Degreasing Compounds.

c) Odor Control products shall meet the following requirements:

i) CCD-112 Digestion Additives for Cleaning and Odor Control

ii) CCD-113 Drain or Grease Traps Additives

iii) CCD-115 Odor Control Additives


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d) Hand Soaps

i) Hand soaps shall be free of antimicrobial ingredients except as preservatives or where required by code, regulation (i.e. food service and healthcare),GS-41 and/or CCD-104.

ii) Preference for the use of foaming dispensers to minimize product use.

e) Floor Care Products

Floor finishes shall be durable, slip resistant and free of zinc (metal-free), GS-40, and/or CCD-147.

f) Carpet Care Products shall meet the requirements of GS-37 and/or CCD-148.

.3 Paper Products

a) Paper Hand Towels

i) Paper hand towels shall contain a minimum of 40% post-consumer recycled content, GS-09, CCD-08,6 and/or CFPA Certification.

ii) Documentation must be provided to demonstrate compliance with these requirements.

b) Toilet Tissue

i) Paper toilet tissue shall contain a minimum of 20% post-consumer recycled content or

ii) GS-01, CCD-082, and/or CFPA Certification

iii) Documentation must be provided to demonstrate compliance with these requirements.

.4 Plastic Trash Can Liners

a) Liners shall contain a minimum of 10% post-consumer recycled content and sized properly to minimize excess material.

b) Documentation must be provided to demonstrate compliance with these requirements.

.5 Non-Ammoniated Floor Finish Stripper

a) General Information

The stripper shall consist essentially of synthetic detergents blended with varying amounts of soaps, alkaline salts or amnions. The stripper must be a compatible product of the water emulsion metal-link polymer floor finish.


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b) Type

The stripper shall be applicable to all types of composition flooring.

c) Requirements

i) The stripper shall be able to easily remove standard floor finishes, including finishes containing metal ion or cross-linking agents.

ii) The stripper shall be able, at higher concentrations, and if desired, to remove scrubbable finishes and sealers.

iii) The stripper shall have little or no deleterious effect on the flooring materials. Therefore, the stripper shall not contain a high percentage of inorganic alkaline salts or organic solvents.

iv) The stripper shall not require rinsing.

v) The stripper shall have sufficient sequestering materials to permit dilution even with hard water and low sudsing under all water conditions.

vi) The stripper shall have a pH of no greater than 13.5 + .5.

.6 Germicidal Detergent and Deodorant


Product to be used where specifications call for the use of a cleaner disinfectant.

b) Type

Neutral pH quaternary disinfectant cleaner.

c) Requirements

i) This hospital type germicide must be effective, as a viricide, against the following, but not limited to, Adenovirus virus type 4, HIV-1 (AIDS virus), Influenza A/Hong Kong, Herpes simplex type 1, Herpes simplex type 2; as a bactericide be effective against the following pathogenic bacteria: Pseudomonas aeruginosa, Staphylococcus aureus, Salmonella choleraesuis, (antibiotic resistant) Streptococcus faecalis; as a fungicide be effective against Trichophyton interdigitale and Candida albicans.

ii) The cleaner disinfectant shall bear its E.P.A. registration number on the label.

iii) Shall contain biodegradable surfactants.


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d) Approved Product

Spartan J, HDQ Neutral7, EPA Reg. No. 47371-130-5741

.7 Lotion Cleaner


The lotion cleanser is a mild liquid abrasive to be used to clean porcelain, corian, or other non-scratchable surfaces. Not for use on chrome values.

b) Type

The cleanser shall be in a self-contained applicator container and shall require no secondary packaging.

c) Requirements

i) Moisture content shall not exceed 55%.

ii) Anhydrous synthetic detergent content will be between 5% and 10%.

iii) The abrasive content shall not be less than 30%.

iv) The abrasive matter shall be fine.

v) The pH shall be between 7.0 and 8.0.

vi) There shall be no separation of the lotion when stored for seven (7) days in normal conditions.

.8 Non-HCL Acid/Non-Acid Type Bowl and Porcelain Cleaner


The cleaner shall contain no acid or citric acid and shall be recommended for use on surfaces such as porcelain, stainless steel, chrome, and ceramic tile.

b) Requirements

i) The cleaner shall be a stable liquid, packaged Ready to Use.

ii) The cleaner shall contain no phosphates and surfactants shall be biodegradable.

iii) The cleaner shall have a pH in the 6.0 – 7.0 range or 1.5 – 2.0 for acid product.

iv) The cleaner shall display the E.P.A. Registration Number and/or be certified for use by the U.S.D.A.

v) The cleaner shall not separate or form precipitates after one heat/cold cycle of 24 hours duration each.


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c) Approved Product

Spartan NABC E.P.A. Reg No. 5741-18 or Spartan NABC Plus Natural Acid Bowl & Porcelain Cleaner

.9 Water Emulsion Metal-Link Polymer Floor Finish


The metal-link floor finish shall be a self-polishing, slip resistant, all synthetic water emulsion floor finish intended for use on, and not detrimental to, sealed or finished wood surfaces, asphalt tile, linoleum, rubber, vinyl composition, terrazzo, and cement surfaces.

b) Type

The metal link polymer floor finish shall have the major portion of its solid content styrene plastic polymers.

c) Requirements

i) The floor finish shall consist of all synthetic components and shall not contain any natural waxes.

ii) The floor finish shall consist of polystyrene and polyethylene components and these polymers shall be metal-linked to provide excellent resistance to detergents.

iii) The floor finish shall contain a minimum of 18% solids (non-volatile) material in accordance with ASTM D-1289-64.

iv) The floor finish shall provide a colorless, high gloss, slip resistant finish.

v) The floor finish shall be re-coatable within 30 minutes after the prior coat has dried. The second or additional coats shall not whiten or lift the first coat and shall enhance glass.

vi) The floor finish shall level well without streaking or puddling when applied with a mop, lamb’s wool applicator, or when tested according to ASTM method D-1436-56.

vii) The floor finish shall be non-yellowing on the floor and shall resist wet cleaning with alkaline detergents. However, the floor finish shall be readily removable by industrial and institutional strippers.

d) Approved Product

Spartan High Frontier


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.10 Upholstery Cleaning


The cleaner shall be a mildly acidic cleaner designed for cleaning natural fibers and delicate fabrics.

b) Type

The cleaner shall be a single-step only and of liquid nature. It shall be all synthetic and contain no soap, acids, harsh abrasives, or phosphates.

c) Requirements

i) The cleaner shall be low foaming and contain anionic and nonionic surfactants. Cleaner shall contain no fatty acids or vegetable oils which will leave a sticky residue.

ii) The cleaner shall be suitable for use over the complete range of synthetic and natural fibers as well as blends.

iii) The cleaner shall contain a soil retardant which will slow the re-soiling rate.

iv) The cleaner shall have the following characteristics:

• Will not produce large volumes of foam.

• Will NOT penetrate into the fabric but clean the surface.

• Will dry rapidly.

v) The cleaner shall contain a color brightener.

vi) The cleaner will have a pH range of 5.4/5/6.

vii) The cleaner shall have the ability to perform equally well in hard or soft water.

d) Approved Product

A Excell, CFR Corporation


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2.16 QUANTITIES OF SERVICE AREA

.1 Restrooms in Service Area

a) The following table lists the current number and general location of restrooms currently requiring the routine janitorial services performed by Contractor:

Location Public Areas

Admin & Other Office Area

Shower Kitchen

Terminal Building

Ticketing & Concourse

Concourse B 6 - - -

Concourse C 7 - - -

Concourse D 5 - - -

Terminal 12 4 1 1

Baggage Claim

FIS/Customs 4 2 1 1

Terminal 7 - - -

Administrative Space

Mezzanine/Board Area - 5 - 2

Terminal - 11 1 2

West Terminal Annex/Ops - 2 - 1

Remote Locations

A.R.F.F. Facility - 4 2 1

Airfield Maintenance - 5 2 1

Ground Transportation Office 2

Ground Transportation Center 2

Downtown Heliport - 1 2 2

Taxi Lounge/Restrooms 3 2 - -

TOTAL 46 38 9 11


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b) The following table summarizes the current number of terminal building public area restroom fixtures as of 2017:

Toilets 223

Urinals 96

Sinks 203

.2 Square footage of Service Area Floor Types:

Terminal Service Areas by Floor Type (area in sq ft.)

General Location Tile Terrazzo Carpet Resinous Vinyl Total

Baggage Claim 25,567 45,093 13,730 84,390

Ticket Lobby including behind Ticket Counters

511 118,449 28,156 1,494 1,257 149,867

Concourse A

2,000 2,000

Concourse B 33,990 18,990 52,980

Concourse C 5,322 43,716 36,147 85,185

Concourse D 30,833 41,808 72,641

Checkpoint 10,105 6,642 16,747

Ground Trans Ctr 400 1,232 1,632

Ground Trans Office 1,370 330 1,700

FIS/Customs 267 44,000 13,200 57,467

Total 6,100 306,660 178,206 15,624 18,019 524,609


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.3 Square footage of Remote and Off-Site Locations Requiring Janitorial Services:

Remote Locations and Off-site Areas for Janitorial Service (area in square feet)

Location Service Area Total Area

A.R.F.F Facility 11,422 23,909

Airfield Maintenance 12,040 25,874

Ground Transportation Office 1,700 1,700

Ground Transportation Center 1,632 1,632

Downtown Heliport 2,184 2,184

Taxi Lounge/Restrooms 2,200 2,200

Special Event GA Terminal 1,920 3,345

TOTAL SERVICE AREA 33,098 60,844

.4 The following table lists the TSA areas requiring janitorial services:

Location Space (sq. ft.) Kitchen (Qty)

Concourse B Checkpoint 6,642

Concourse C Checkpoint 4,327

Concourse D Checkpoint 5,778

TSA Baggage Screening Pods 5,863

TSA Training Room 1,338

Supervisor/BDO 1,083

Break Room 946 1

Admin/CC/MSOC 2,951 1

TOTAL 28,928 2


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.5 The following table lists areas for janitorial services by square foot:

CONCOURSE A

CONCOURSE B

CONCOURSE C

CONCOURSE D

TERMINAL (All Levels) TOTALS

Gates Hold Room 18,990 36,147 41,808 96,945

Public Space (Terminals) 33,990 49,038 30,833 225,489 339,350

TSA Office Space 6,238 6,238

TSA Ticket Lobby Space 5,863 5,863

TSA Checkpoint 6,642 4,327 5,778 16,747

FIS / Customs 57,467 57,467

Public (admin areas) 12,400 12,400

Administration 2,000 33,833 35,833

AREA TOTALS / BUILDING TOTAL 2,000 59,622 89,512 78,419 341,290 570,843


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.6 The following table list the consumable usage rates for 2015-2017:

MonthSingle-

Roll Tissue

Jumbo Roll

Tissue

Single Fold

Towel

Multi Fold

Towel

Roll Towel

Black Liner

45X47

Clear Liner

24X33

Clear Liner

30X37

Clear Liner

40X48

Hand Soap

Sanitary Napkin

Wax Liner

Toilet Seat

Covers

Brill Seat

CoversAugust 2015 55 180 105 275 43 41 10 30 60 43 12 12 40September 2015 45 177 92 180 36 29 8 35 58 40 8 9 31October 2015 55 175 85 320 37 46 16 33 53 47 7 11 35November 2015 70 215 105 430 45 55 25 40 67 59 15 22 50December 2015 43 221 126 341 37 52 0 39 52 52 9 11 37January 2016 48 229 152 366 45 58 10 44 63 55 11 13 38February 2016 58 226 163 390 51 61 17 48 61 59 12 12 41March 2016 51 220 148 377 49 55 15 51 59 63 10 12 36April 2016 61 266 166 411 55 57 20 53 55 68 15 15 38May 2016 68 270 171 405 51 59 22 55 53 66 17 13 36June 2016 67 285 177 401 56 62 25 49 59 69 18 15 40July 2016 61 241 148 344 48 53 19 45 51 55 14 12 34August 2016 55 180 105 275 43 41 10 30 60 43 12 12 40September 2016 58 210 125 320 51 45 12 35 58 45 15 15 42October 2016 53 185 100 287 40 43 12 33 62 44 12 12 32November 2016 68 273 168 344 52 48 0 39 67 48 15 17 44December 2016 59 212 145 320 47 44 0 35 62 45 14 15 40January 2017 65 225 153 333 50 45 0 36 65 43 15 15 36February 2017 58 220 155 310 45 45 0 35 65 40 15 15 35March 2017 66 290 180 440 51 62 10 37 68 72 12 15 43April 2017 68 285 188 428 56 60 12 41 66 67 15 18 40May 2017 66 270 175 410 55 60 12 39 65 60 15 15 40June 2017 58 330 170 420 50 57 11 38 65 57 12 14 40July 2017 60 285 175 400 51 55 12 32 60 60 12 15 40August 2017 60 280 170 295 50 10 30 30 60 55 12 15 40September 2017 55 285 175 290 55 10 25 30 63 55 12 15 50October 2017 65 290 180 325 62 15 30 35 65 60 10 15 35

CY 2016 Total 707 2797 1768 4240 588 626 162 517 710 660 165 163 461CY 2016 Avg/Mo. 59 233 147 353 49 52 14 43 59 55 14 14 38

Aug 15-July 16 Total 682 2705 1638 4240 553 628 187 522 691 676 148 157 456Aug 15-July 16 Avg/Mo. 57 225 137 353 46 52 16 44 58 56 12 13 38

Aug 16-July 17 Total 734 2965 1839 4287 591 605 91 430 763 624 164 178 472Aug 16-July 17 Avg/Mo. 61 247 153 357 49 50 8 36 64 52 14 15 39

Consumable Usage Rates 2015 - 2017 (Quantities in Cases)

*** All square footages and quantities are approximate.


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2.17 AREAS NOT TO BE SERVICED BY THIS CONTRACT

.1 The Contractor shall not be responsible for services as they relate to (a) proprietary equipment of the various individual airlines using the Airport equipment; and (b) the operations areas and space of the various individual airlines unless expressly required by the Contract Documents or otherwise contracted separately by others or by the NOAB for additional services.

.2 The following areas in the Airport Terminal Building are not regularly serviced by Contractor:

a) Tenant Offices

b) Airline Offices

c) Airline Operations Areas

d) Airline Ramp Service Areas

e) Airline Baggage Office

f) Baggage Make-up & Tug Drive

g) Concessions

h) TSA Equipment Room

i) Mechanical/Utility Areas


Summary of Enplaned Passengers by Airline

Month % Year-to-Date % Market Share

Dec-10 Dec-09 Change 2010 2009 Change 2010 2009

Domestic Scheduled

AirTran Airways 15,999 13,801 15.9% 173,420 148,100 20.0% 4.2% 3.8%

American Airlines 33,049 36,794 -10.2% 452,442 432,902 4.5% 11.0% 11.1%

American Express Carriers 1,146 4,844 -76.3% 18,298 67,516 -72.9% 0.4% 1.7%

American System Total 34,195 41,638 -17.9% 470,740 500,418 -5.9% 11.5% 12.8%

Continental Airlines 35,757 39,002 -8.3% 498,162 506,667 -1.7% 12.1% 13.0%

Continental Express Carriers 3,016 3,133 -3.7% 41,144 35,416 16.2% 1.0% 0.9%

Continental System Total 38,773 42,135 -8.0% 539,306 542,083 -0.5% 13.1% 13.9%

Delta Air Lines 56,880 34,721 63.8% 702,462 427,240 64.4% 17.1% 10.9%

Delta Express Carriers 7,569 24,722 -69.4% 102,024 286,607 -64.4% 2.5% 7.3%

Delta System Total 64,449 59,443 8.4% 804,486 713,847 12.7% 19.6% 18.3%

Frontier 2,630 0 100.0% 19,570 0 100.0% 0.5% 0.0%

JetBlue 11,183 11,077 1.0% 132,096 132,953 -0.6% 3.2% 3.4%

Midwest 1,658 0 100.0% 12,270 0 100.0% 0.3% 0.0%

Southwest 108,857 99,525 9.4% 1,263,852 1,181,379 7.0% 30.8% 30.2%

United Airlines 20,209 24,068 -16.0% 247,682 262,186 -5.5% 6.0% 6.7%

United Express Carriers 5,485 5,207 5.3% 75,039 78,880 -4.9% 1.8% 2.0%

United System Total 25,694 29,275 -12.2% 322,721 341,066 -5.4% 7.9% 8.7%

US Airways 15,120 12,894 17.3% 192,770 218,164 -11.6% 4.7% 5.6%

US Airways Express Carriers 11,066 9,672 14.4% 150,534 117,597 28.0% 3.7% 3.0%

US Airways System Total 26,186 22,566 16.0% 343,304 335,761 2.2% 8.4% 8.6%

Total Domestic Scheduled 329,624 319,460 3.2% 4,081,765 3,895,607 4.8% 99.5% 99.7%

International Scheduled

Aeromexico 0 950 -100.0% 2,495 4,349 -42.6% 0.1% 0.1%

Air Canada 1,011 0 100.0% 2,452 0 100.0% 0.1% 0.0%

WestJet 1,006 0 100.0% 2,350 0 100.0% 0.1% 0.0%

Total Int'l Scheduled 2,017 950 112.3% 7,297 4,349 67.8% 0.2% 0.1%

Charter

Domestic 903 634 42.4% 10,737 7,372 45.6% 0.3% 0.2%

International 1,577 0 100.0% 2,339 1,088 115.0% 0.1% 0.0%

Total Charter 2,480 634 291.2% 13,076 8,460 54.6% 0.3% 0.2%

Total Enplaned 334,121 321,044 4.1% 4,102,138 3,908,416 5.0%


Enplaned Passengers by Airline



Domestic Scheduled

AirTran Airways 16,641 15,999 4.0% 176,961 173,420 2.0% 4.1% 4.2%

American Airlines 32,867 33,049 -0.6% 446,095 452,442 -1.4% 10.4% 11.0%

American Express Carriers 2,939 1,146 156.5% 9,184 18,298 -49.8% 0.2% 0.4%

American System Total 35,806 34,195 4.7% 455,279 470,740 -3.3% 10.6% 11.5%


Continental Express Carriers 6,443 3,016 113.6% 65,096 41,144 58.2% 1.5% 1.0%

Continental System Total 39,744 38,773 2.5% 510,696 539,306 -5.3% 11.9% 13.1%

Delta Air Lines 58,931 56,880 3.6% 792,013 702,462 12.7% 18.5% 17.1%

Delta Express Carriers 12,369 7,569 63.4% 137,330 102,024 34.6% 3.2% 2.5%


Frontier 5,095 2,630 93.7% 50,055 19,570 155.8% 1.2% 0.5%

JetBlue 11,774 11,183 5.3% 126,909 132,096 -3.9% 3.0% 3.2%

Midwest 0 1,658 -100.0% 3,395 12,270 -72.3% 0.1% 0.3%

Southwest 117,418 108,857 7.9% 1,367,788 1,263,852 8.2% 32.0% 30.8%

United Airlines 14,254 20,209 -29.5% 218,793 247,682 -11.7% 5.1% 6.0%

United Express Carriers 6,028 5,485 9.9% 70,854 75,039 -5.6% 1.7% 1.8%


US Airways 12,095 15,120 -20.0% 160,197 192,770 -16.9% 3.7% 4.7%

US Airways Express Carriers 15,381 11,066 39.0% 177,662 150,534 18.0% 4.2% 3.7%

US Airways System Total 27,476 26,186 4.9% 337,859 343,304 -1.6% 7.9% 8.4%



Aeromexico 0 0 0.0% 0 2,495 -100.0% 0.0% 0.1%

Air Canada 1,086 1,011 7.4% 15,433 2,452 529.4% 0.4% 0.1%

WestJet 0 1,006 -100.0% 6,779 2,350 188.5% 0.2% 0.1%

Total Int'l Scheduled 1,086 2,017 -46.2% 22,212 7,297 204.4% 0.5% 0.2%

Charter

Domestic 195 903 -78.4% 7,380 10,737 -31.3% 0.2% 0.3%

International 330 1,577 -79.1% 2,664 2,339 13.9% 0.1% 0.1%

Total Charter 525 2,480 -78.8% 10,044 13,076 -23.2% 0.2% 0.3%

Total Enplaned Passengers 347,147 334,121 3.9% 4,280,188 4,102,138 4.3%





Domestic Scheduled

AirTran Airways 11,316 16,641 -32.0% 162,987 176,961 -7.9% 3.8% 4.1%

American Airlines 30,712 32,867 -6.6% 375,112 446,095 -15.9% 8.7% 10.4%

American Express Carriers 4,238 2,939 44.2% 50,445 9,184 449.3% 1.2% 0.2%

American System Total 34,950 35,806 -2.4% 425,557 455,279 -6.5% 9.9% 10.6%

Continental Airlines 33,567 33,301 0.8% 385,049 445,600 -13.6% 8.9% 10.4%

Continental Express Carriers 0 6,443 -100.0% 44,660 65,096 -31.4% 1.0% 1.5%


Delta Air Lines 59,562 58,931 1.1% 807,337 792,013 1.9% 18.7% 18.5%


Delta System Total 69,813 71,300 -2.1% 936,342 929,343 0.8% 21.7% 21.7%

Frontier 3,109 5,095 -39.0% 48,339 50,055 -3.4% 1.1% 1.2%

JetBlue 8,486 11,774 -27.9% 124,890 126,909 -1.6% 2.9% 3.0%

Midwest 0 0 0.0% 0 3,395 -100.0% 0.0% 0.1%

Southwest 116,895 117,418 -0.4% 1,429,257 1,367,788 4.5% 33.2% 32.0%

United Airlines 15,679 14,254 10.0% 234,395 218,793 7.1% 5.4% 5.1%

United Express Carriers 12,551 6,450 94.6% 114,908 71,576 60.5% 2.7% 1.7%

United System Total 28,230 20,704 36.4% 349,303 290,369 20.3% 8.1% 6.8%

US Airways 17,260 12,095 42.7% 228,909 160,197 42.9% 5.3% 3.7%

US Airways Express Carriers 13,776 15,381 -10.4% 139,905 177,662 -21.3% 3.2% 4.2%


Total Domestic Scheduled 337,402 345,958 -2.5% 4,275,198 4,248,654 0.6% 99.3% 99.2%


Air Canada 1,356 1,086 24.9% 18,938 15,433 22.7% 0.4% 0.4%

WestJet 0 0 0.0% 0 6,779 -100.0% 0.0% 0.2%

Total Int'l Scheduled 1,356 1,086 24.9% 18,938 22,212 -14.7% 0.4% 0.5%

Charter

Domestic 825 195 323.1% 11,325 7,380 53.5% 0.3% 0.2%

International 45 330 -86.4% 1,246 2,664 -53.2% 0.0% 0.1%

Total Charter 870 525 65.7% 12,571 10,044 25.2% 0.3% 0.2%

Total Enplaned Passengers 339,628 347,569 -2.3% 4,306,707 4,280,910 0.6%

For the Period Ending December 31, 2012

1





Domestic Scheduled

AirTran Airways 20,489 11,316 81.1% 168,063 162,987 3.1% 3.7% 3.8%

American Airlines 32,646 30,712 6.3% 402,946 375,112 7.4% 8.8% 8.7%


American System Total 37,660 34,950 7.8% 461,205 425,557 8.4% 10.0% 9.9%


Continental Express Carriers 0 0 0.0% 0 44,660 -100.0% 0.0% 1.0%


Delta Air Lines 65,517 59,562 10.0% 825,458 807,337 2.2% 18.0% 18.7%



Frontier 2,958 3,109 -4.9% 45,596 48,339 -5.7% 1.0% 1.1%

JetBlue 9,797 8,486 15.4% 120,108 124,890 -3.8% 2.6% 2.9%

Spirit 3,128 0 100.0% 36,897 0 100.0% 0.8% 0.0%

Southwest 132,422 116,895 13.3% 1,596,720 1,429,257 11.7% 34.7% 33.2%

United Airlines 20,481 15,679 30.6% 285,848 234,395 22.0% 6.2% 5.4%



US Airways 20,099 17,260 16.4% 236,403 228,909 3.3% 5.1% 5.3%

US Airways Express Carriers 12,290 13,776 -10.8% 165,045 139,905 18.0% 3.6% 3.2%




Air Canada 1,717 1,356 26.6% 18,644 18,938 -1.6% 0.4% 0.4%

WestJet 0 0 0.0% 0 0 0.0% 0.0% 0.0%

Total Int'l Scheduled 1,717 1,356 26.6% 18,644 18,938 -1.6% 0.4% 0.4%

Charter

Domestic 615 825 -25.5% 11,502 11,325 1.6% 0.3% 0.3%

International 0 45 -100.0% 3,137 1,246 151.8% 0.1% 0.0%

Total Charter 615 870 -29.3% 14,639 12,571 16.5% 0.3% 0.3%



1



Month Month % Year-to-Date Year-to-Date % Market Share


Domestic Scheduled

Alaska Airlines 4,328 0 100.0% 27,947 0 100.0% 0.6% 0.0%

American Airlines 28,356 32,646 -13.1% 405,966 402,946 0.7% 8.3% 8.8%


American System Total 33,556 37,660 -10.9% 468,904 461,205 1.7% 9.6% 10.0%

Delta Air Lines 74,613 65,517 13.9% 877,312 825,458 6.3% 17.9% 18.0%



Frontier 4,594 2,958 55.3% 46,516 45,596 2.0% 1.0% 1.0%

JetBlue 10,546 9,797 7.6% 118,251 120,108 -1.5% 2.4% 2.6%

PEOPLExpress 0 0 0.0% 389 0 100.0% 0.0% 0.0%

Spirit 15,459 3,128 394.2% 80,411 36,897 117.9% 1.6% 0.8%

Southwest 155,199 152,911 1.5% 1,910,130 1,764,783 8.2% 39.0% 38.4%

United Airlines 42,795 42,443 0.8% 581,118 593,123 -2.0% 11.9% 12.9%



US Airways 20,472 20,099 1.9% 257,679 236,403 9.0% 5.3% 5.1%

US Airways Express Carriers 14,395 12,290 17.1% 157,685 165,045 -4.5% 3.2% 3.6%




Air Canada 1,485 1,717 -13.5% 20,420 18,644 9.5% 0.4% 0.4%

WestJet 0 0 0.0% 0 0 0.0% 0.0% 0.0%

Total Int'l Scheduled 1,485 1,717 -13.5% 20,420 18,644 9.5% 0.4% 0.4%

Charter

Domestic 1,268 615 106.2% 8,575 11,502 -25.4% 0.2% 0.3%

International 0 0 0.0% 3,711 3,137 18.3% 0.1% 0.1%

Total Charter 1,268 615 106.2% 12,286 14,639 -16.1% 0.3% 0.3%



Prepared by: C. Robinson

Reviewed by: J. Sigmon

Reviewed by: R. Anderson 1





Domestic Scheduled

Alaska Airlines 4,679 4,328 8.1% 52,613 27,947 88.3% 1.0% 0.6%

Allegiant Air 1,225 0 100.0% 18,444 0 100.0% 0.3% 0.0%

American Airlines 35,005 28,356 23.4% 385,200 405,966 -5.1% 7.2% 8.3%


American System Total 42,501 33,556 26.7% 496,948 468,904 6.0% 9.3% 9.6%

Delta Air Lines 79,406 74,613 6.4% 937,596 877,312 6.9% 17.5% 17.9%

Delta Express Carriers 4,896 3,970 23.3% 105,886 112,840 -6.2% 2.0% 2.3%

Delta System Total 84,302 78,583 7.3% 1,043,482 990,152 5.4% 19.5% 20.2%

Elite Airways 0 0 0.0% 157 0 100.0% 0.0% 0.0%

Frontier 8,277 4,594 80.2% 75,677 46,516 62.7% 1.4% 1.0%

GLO Airlines 428 0 100.0% 502 0 100.0% 0.0% 0.0%

JetBlue 9,898 10,546 -6.1% 131,662 118,251 11.3% 2.5% 2.4%

Orange Air 0 0 0.0% 2,450 0 100.0% 0.0% 0.0%

PEOPLExpress 0 0 0.0% 0 389 -100.0% 0.0% 0.0%

Spirit 21,173 15,459 37.0% 205,185 80,411 155.2% 3.8% 1.6%

Southwest 173,932 155,199 12.1% 2,063,999 1,910,130 8.1% 38.6% 39.0%

United Airlines 47,140 42,795 10.2% 639,278 581,118 10.0% 12.0% 11.9%

United Express Carriers 13,840 20,144 -31.3% 173,253 220,414 -21.4% 3.2% 4.5%

United System Total 60,980 62,939 -3.1% 812,531 801,532 1.4% 15.2% 16.4%

US Airways 15,740 20,472 -23.1% 236,057 257,679 -8.4% 4.4% 5.3%

US Airways Express Carriers 14,836 14,395 3.1% 155,914 157,685 -1.1% 2.9% 3.2%

US Airways System Total 30,576 34,867 -12.3% 391,971 415,364 -5.6% 7.3% 8.5%



Air Canada 1,809 1,485 21.8% 22,237 20,420 8.9% 0.4% 0.4%

COPA 1,500 0 100.0% 7,853 0 100.0% 0.1% 0.0%

Delta Air Lines 0 0 0.0% 1,734 0 100.0% 0.0% 0.0%

Elite Airways 0 0 0.0% 145 0 100.0% 0.0% 0.0%

Orange Air 0 0 0.0% 1,072 0 100.0% 0.0% 0.0%

Southwest 0 0 0.0% 0 0 0.0% 0.0% 0.0%

Sunwing Airlines 0 0 0.0% 5,702 0 100.0% 0.1% 0.0%

United Airlines 0 0 0.0% 1,765 0 100.0% 0.0% 0.0%

Total Int'l Scheduled 3,309 1,485 122.8% 40,508 20,420 98.4% 0.8% 0.4%

Charter

Domestic 554 1,268 -56.3% 7,135 8,575 -16.8% 0.1% 0.2%

International 0 0 0.0% 1,361 3,711 -63.3% 0.0% 0.1%

Total Charter 554 1,268 -56.3% 8,496 12,286 -30.8% 0.2% 0.3%



Prepared by: C. Robinson

Reviewed by: K. Bennett-Holmes

Reviewed by: R. Anderson 1



Month Month % Year-to-Date Year-to-Date % Market ShareDec-16 Dec-15 Change 2016 2015 Change 2016 2015

Domestic Scheduled

Alaska Airlines 4,834 4,679 3.3% 54,864 52,613 4.3% 1.0% 1.0%

Allegiant Air 6,765 1,225 452.2% 66,493 18,444 260.5% 1.2% 0.3%

American Airlines (US Air) 43,864 50,745 -13.6% 632,801 621,257 1.9% 11.3% 11.6%



Delta Air Lines 83,870 79,406 5.6% 948,576 937,596 1.2% 17.0% 17.5%


Delta System Total 87,609 84,302 3.9% 1,047,907 1,043,482 0.4% 18.8% 19.5%

Branson AirExpress 0 0 0.0% 663 157 322.3% 0.0% 0.0%

Frontier 9,172 8,277 10.8% 80,038 75,677 5.8% 1.4% 1.4%

GLO Airlines 1,556 428 263.6% 16,018 502 3090.8% 0.3% 0.0%

JetBlue 16,893 9,898 70.7% 159,976 131,662 21.5% 2.9% 2.5%

Orange Air 0 0 0.0% 0 2,450 -100.0% 0.0% 0.0%

Spirit 25,052 21,173 18.3% 320,343 205,185 56.1% 5.7% 3.8%

Southwest 179,510 173,932 3.2% 2,080,510 2,063,999 0.8% 37.3% 38.6%

United Airlines 43,627 47,140 -7.5% 642,319 639,278 0.5% 11.5% 12.0%





Air Canada 2,057 1,809 13.7% 23,455 22,237 5.5% 0.4% 0.4%

Choice Aire 335 0 100.0% 335 0 100.0% 0.0% 0.0%

COPA 1,548 1,500 3.2% 16,519 7,853 110.4% 0.3% 0.1%

Delta Air Lines 318 0 100.0% 2,877 1,734 65.9% 0.1% 0.0%

Branson AirExpress 0 0 0.0% 0 145 -100.0% 0.0% 0.0%

Orange Air 0 0 0.0% 0 1,072 -100.0% 0.0% 0.0%

Southwest 0 0 0.0% 30 0 100.0% 0.0% 0.0%

Sunwing Airlines 0 0 0.0% 3,359 5,702 -41.1% 0.1% 0.1%

United Airlines 0 0 0.0% 0 1,765 -100.0% 0.0% 0.0%


Charter

Domestic 624 554 12.6% 4,750 7,135 -33.4% 0.1% 0.1%

International 1,365 0 100.0% 2,726 1,361 100.3% 0.0% 0.0%

Total Charter 1,989 554 259.0% 7,476 8,496 -12.0% 0.1% 0.2%



Prepared by: S. DouglasReviewed by: K. Bennett-HolmesReviewed by: C. Robinson




Sep-17 Sep-16 Change 2017 2016 Change 2017 2016

Domestic Scheduled

Alaska Airlines 4,331 4,000 8.3% 42,265 40,538 4.3% 1.0% 1.0%

Virgin America 803 0 100.0% 803 0 100.0% 0.0% 0.0%

Alaska System Total 5,134 4,000 28.4% 43,068 40,538 6.2% 1.0% 1.0%

Allegiant Air 2,063 5,627 -63.3% 64,913 47,365 37.0% 1.5% 1.2%

American Airlines 62,990 55,366 13.8% 586,128 479,386 22.3% 13.3% 11.6%

American Express Carriers 8,864 21,073 -57.9% 125,701 203,353 -38.2% 2.9% 4.9%


Branson AirExpress 0 0 0.0% 0 663 -100.0% 0.0% 0.0%

Delta Air Lines 71,119 69,222 2.7% 730,958 698,730 4.6% 16.6% 17.0%


Delta System Total 79,624 81,045 -1.8% 783,960 773,650 1.3% 17.8% 18.8%

Frontier 8,153 6,659 22.4% 80,291 54,861 46.4% 1.8% 1.3%

GLO Airlines 0 1,454 -100.0% 8,638 10,815 -20.1% 0.2% 0.3%

JetBlue 14,642 11,646 25.7% 144,616 109,326 32.3% 3.3% 2.7%

Southwest 160,515 161,310 -0.5% 1,618,578 1,538,496 5.2% 36.7% 37.4%

Spirit 36,607 27,047 35.3% 290,732 237,835 22.2% 6.6% 5.8%

United Airlines 44,970 39,637 13.5% 492,551 459,804 7.1% 11.2% 11.2%





Air Canada 1,763 1,933 -8.8% 22,874 17,429 31.2% 0.5% 0.4%

British Airways 2,946 0 100.0% 17,514 0 100.0% 0.4% 0.0%

Choice Aire 0 0 0.0% 467 0 100.0% 0.0% 0.0%

Condor 1,433 0 100.0% 7,694 0 100.0% 0.2% 0.0%

COPA 1,185 1,157 2.4% 12,332 12,386 -0.4% 0.3% 0.3%

Delta Air Lines 0 0 0.0% 3,256 2,559 27.2% 0.1% 0.1%

Southwest 0 0 0.0% 0 30 -100.0% 0.0% 0.0%

Sunwing Airlines 0 0 0.0% 3,550 3,359 5.7% 0.1% 0.1%


Charter

Domestic 801 577 38.8% 3,260 2,795 16.6% 0.1% 0.1%

International 11 0 100.0% 1,452 971 49.5% 0.0% 0.0%

Total Charter 812 577 40.7% 4,712 3,766 25.1% 0.1% 0.1%


For the Period Ending September 30, 2017

ENPLANEMENT FORECAST

Annual Growth Rate

2015-2016 2016-2025

5.8% 2.5%

Year MSY Annual Enplanement Forecast

2017 5,799,728

2018 6,006,315

2019 6,148,384

2020 6,269,845

2021 6,410,704

2022 6,578,676

2023 6,750,547

2024 6,892,614

2025 7,034,095

SOURCE: J.A. Watts, Inc. MSY Forecast Analysis; June 28, 2016