PROJECT MANUAL

BID BOOK

FOR

Connect Kissimmee Complete Streets Phase 1

FDOT FM: 437472-2-58-01

FAN: D523 076 B

No. RFQ2021-002

PAVING, DRAINAGE AND MISCELLANEOUS SPECIFICATIONS

PREPARED BY

THE CITY OF KISSIMMEE

101 Church Street, Suite 301 Kissimmee, Florida 34741-5054

SET No.

Table of Contents

THE CITY OF KISSIMMEE

ADVERTISEMENT FOR BIDS

NOTICE TO BIDDERS

INSTRUCTIONS TO BIDDERS

Definition of Terms Qualifications of Bidders Examination of Contract Documents and Site Interpretations Bid Security Contract Time Subcontractors, Etc Bid Form Submission of Bids Modification and Withdrawal of Bids Opening of Bids Bids to Remain Open Award of Contract Schedule of Values – Base Bid

BID FORM SUMMARY

ACKNOWLEDGMENT OF DOCUMENTS AND ADDENDUM

BID BOND

CONTRACT

OPINION OF ATTORNEY

PUBLIC CONSTRUCTION BOND

PERFORMANCE BOND

MATERIAL SUPPLIER’S BOND

AFFIDAVIT OF NON-COLLUSION

FLORIDA STATUTES, ON PUBLIC ENTITY CRIMES

TRENCH SAFETY

QUESTIONNAIRE

ORGANIZATION

LICENSING

EXPERIENCE

ADDITIONAL QUALIFICATIONS

REFERENCES

VERIFICATION

CERTIFICATE OF INSURANCE

Workers’ Compensation Insurance

INSURANCE ENDORSEMENT

CERTIFICATE OF INSURANCE

Comprehensive General Liability Insurance

INSURANCE ENDORSEMENT

NOTICE OF AWARD

NOTICE TO PROCEED

ACCEPTANCE OF NOTICE

GENERAL CONDITIONS

TABLE OF CONTENTS OF GENERAL CONDITIONS

INDEX TO GENERAL CONDITIONS

GENERAL CONDITIONS

Article 1 - Definitions Article 2 - Preliminary Matters Article 3 - Correlation, Interpretation and Intent of Contract Documents Article 4 - Availability of Lands, Subsurface Conditions, Reference Points Article 5 - Bonds and Insurance Article 6 - Contractor’s Responsibilities Article 7 - Work by Others Article 8 - Owner’s Responsibilities Article 9 - Engineer’s Status During Construction Article 10 - Changes in the Work Article 11 - Change of Contract Price Article 12 - Change of the Contract Time Article 13 - Warranty and Guarantee, Tests and Inspection, Correction, Removal or Acceptance of Defective Work Article 14 - Payments and Completion Article 15 - Suspension of Work and Termination Article 16 - Disputes Article 17 - Miscellaneous

SPECIAL PROVISIONS

LAP DIVISION 1 SPECIFICATIONS

SECTION 1 – DEFINITIONS AND TERMS

SECTION 2 – PROPOSAL REQUIREMENTS AND CONDITIONS

SECTION 4 – SCOPE OF THE WORK

SECTION 5 – CONTROL OF THE WORK (FINAL ACCEPTANCE AND CLAIMS).

SECTION 6 – CONTROL OF MATERIALS

SECTION 7 – LEGAL REQUIREMENTS AND RESPONSIBILITIES TO THE PUBLIC .172

SECTION 8 – PROSECUTION OF WORK

SECTION 9 – MEASUREMENT AND PAYMENT

SECTION 120 – EARTHWORK AND RELATED OPERATIONS FOR LAP

SECTION 334 – ASPHALT CONCRETE FOR LAP

SPECIAL PROVISIONS

MAINTENANCE OF TRAFFIC

CONTRACTOR QUALITY CONTRAL GENERAL REQUIREMENTS

TECHINCAL SPECIAL PROVISIONS

IRRIGATION INSTALLATION AND EQUIPMENT

MONUMENTAL GATEWAY SIGN STRUCTURE

THIS COMPLETES THIS SPECIFICATIONS PACKAGE

APPENDICES

APPENDIX A – Contract Forms APPENDIX B – Right of Way Certification and Clear Memos APPENDIX C – Permits APPENDIX D – TOHO Water Authority Scope

ADVERTISEMENT FOR BIDS

SEALED BIDS FOR CONSTRUCTION OF CONNECT KISSIMMEE COMPLETE

STREETS PHASE 1 - PROJECT AREA ~ EMMETT ST/BROADWAY/MAIN ST,

CITY OF KISSIMMEE.

WORK TO BE ACCOMPLISHED

The project consists of the construction of a roundabout at the intersection of Emmett St and Stewart Ave/Ruby Av, construction of tabled intersections along Broadway with Darlington Ave, Monument Ave, Dakin Ave, and Sproule Ave, and milling and resurfacing from just east of N Orlando Ave to Neptune Rd. for a total approximate project length of 0.83 miles. The project also includes the installation of EV charging stations, sharrows, rectangular rapid flashing beacons (RRFBs), and adjusted signal timing at existing signalized intersections. Side streets at tabled intersections will also receive improvements including milling and resurfacing, reconstruction of on street parking with pavers, reconstructed sidewalks, reconstructed driveway connections, and new curb ramps. Additional utility work for TOHO Water Authority can be found in Appendix D. The project will be administered by the City of Kissimmee and is funded by FDOT’s Local Agency Program (LAP) and will require compliance with the associated federal documentation.

PROJECT LOCATION: City of Kissimmee, FL

SITE: The project site is located in downtown Kissimmee along Emmett St just east of John Young Parkway to Stewart/Rudy Ave and continues along Broadway from Stewart/Rudy Ave to Neptune Rd.

Sealed proposals for furnishing all plant, labor, materials and equipment and construction of CONNECT KISSIMMEE COMPLETE STREETS PHASE 1 PROJECT AREA ~ EMMETT ST/BROADWAY/MAIN ST will be accepted by the Public Works Department, 3rd Floor, City Hall, and 101 Church Street, Suite 301, Kissimmee, Florida until TBD PM, on March 19th, 2027 at which time bids will be publicly opened and read aloud in the TBD Room, Room No. No bids will be accepted after the time and date specified.

The work shall be constructed in accordance with Drawings and Specifications, and the Florida Department of Transportation Standard Specifications for Road and Bridge Construction, Latest Edition as amended.

Drawings and Specifications are available for inspection at the Department of Public Works and Engineering, City Hall, Kissimmee, Florida, beginning February 1st, 2027.

CD’s of the Drawings and Specifications may be obtained from the Office of the City Engineer, 3rd Floor City Hall, City of Kissimmee, 101 Church Street, Suite 301, Kissimmee, Florida 34741-5054 upon receipt of Non-Refundable FIFTY DOLLARS ($50.00).

A pre-bid meeting will be held at TBD PM, on February 19th, 2027 in the TBD Room, Room No, on the First floor, City Hall, Kissimmee. Attendance is

MANDATORY.

Bids must be accompanied by a separate certified check or Bid Bond, drawn in favor of the City of Kissimmee in the amount of five percent (5%) of the total bid as shown.

The Bid security of all unsuccessful bidders will be returned after award of contract.

Successful bidder will be required to furnish a Public Construction Bond for the performance of the contract and for the payment of labor and materials in the amount of 100% of the accepted bid. Each bidder shall hold a valid State of Florida Underground Utility Workers License and hold a valid Occupational License from Osceola County and City of Kissimmee. If the contractor has a valid Occupational License within a different jurisdiction they will have to register with the City of Kissimmee.

No bidder may withdraw his bid after the scheduled closing time for receipt of bids. All bids must be firm bids for a period of one hundred twenty (120) days after the time set for opening bids.

The City reserves the right to waive any informalities and to reject any, or all, bids.

All workers employed in the project by either the Prime Contractor or any one of their subcontractors must be register and on file with the State of Florida E Verify program per state requirements.

All proposals must be submitted on standard forms which will be furnished with the specifications. No substituted form shall be allowed. Sealed envelopes shall be marked as follows:

1. City of Kissimmee: SEALED BID No. RFQ2021-002: CONNECT KISSIMMEE

COMPLETE STREETS PHASE 1 PROJECT AREA ~ EMMETT ST / BROADWAY /

MAIN ST

The CITY OF KISSIMMEE encourages minority bids and, in accordance with Title VI of the Civil Rights Act of 1964, all Bidders will be afforded full opportunity to submit Bids in response to this invitation and will not be discriminated against on the grounds of race, color, religion, sex or national origin in consideration for award.

CITY OF KISSIMMEE OSCEOLA COUNTY, FLORIDA

BY: /S/ Mike Steigerwald City Manager

NOTICE TO BIDDERS

IF FOR SOME REASON YOU ARE NOT BIDDING ON THIS BID No. RFQ2021-002

PLEASE COMPLETE THE FOLLOWING AND RETURN TO:

Purchasing Agent City of Kissimmee 101 Church Street Kissimmee, Florida 34741-5054

Before bid deadline.

NO BID RESPONSE DATE:

(DO NOT RETURN QUOTE OR BID PACKAGE)

failure to return this card or bid may result in removal of your firm from our current vendor file.

From:

Address:

Continue on vendor list for this commodity or service Yes No

Large Business Small Business Minority Business

REASON FOR NO BID:

Cannot supply at this time Suitable but engaged in other work Quantity too small Cannot meet required delivery Opening date does not allow sufficient time to complete bid or proposal Equipment not presently available Other reasons or remarks

Signature

INSTRUCTIONS TO BIDDERS

Definition of Terms

Terms used in these Instructions to Bidders have the meanings assigned to them in the General Conditions. Further, the terms shall mean:

Owner: City of Kissimmee 101 Church Street Kissimmee, Florida 34741-5054

EOR: AECOM Technical Service, Inc.

150 N. Orange Avenue, Suite 200 Orlando, Florida 32801

Qualifications of Bidders

To demonstrate his qualifications for the project, each bidder must be prepared to submit within five days of the Owner’s request written evidence of the types set forth in the Special Provisions such as financial data, previous experience and evidence of authority to conduct business in the jurisdiction where the project is located.

Prime contractor shall hold current a General Contractor’s, an underground utilities contractor’s license, or an acceptable alternate.

The Prime Bidder must be FDOT prequalified to be eligible to bid on this project. The Contractor is required to be prequalified with the Department in the following work classes to be eligible to bid: Drainage, Grading, and Sidewalk

Examination of Contract Documents and Site

Before submitting his bid, each bidder must: (a) examine the Contract Documents thoroughly; (b) visit the site to familiarize himself with local conditions that may in any manner affect performance of the work, including attention to the Special Provisions as amended; and (c) carefully correlate his observations with the requirements of the Contract Documents.

Reference is made to the Drawings and Specifications for the surveys and investigation reports of subsurface or latent physical conditions at the site or otherwise affecting performance of the work which have been relied upon by the Engineer in preparing the Drawings and Specifications. Before submitting his bid, each bidder will, at his own expense, make such additional surveys and investigations as he may deem necessary to determine his bid price for performance of the work within the terms of the Contract Documents.

The submission of a bid will constitute an incontrovertible representation by the bidder that he has complied with every requirement of this article.

Interpretations

All questions about the meaning or intent of the Contract Documents shall be submitted to the Engineer in writing. Replies will be issued by Addenda mailed or delivered to all parties recorded by the Engineer as having received the bidding documents. Questions received less than seven days prior to the date for opening of bids will not be answered. Only questions answered by formal written Addenda will be binding. Oral and other interpretations or clarifications will be without legal effect.

Bid Security

The amount and type of bid security is stated in the Advertisement (Invitation) for Bids.

The required security must be in the form of a certified or bank cashier’s check made payable to the Owner or a bid bond issued by a surety licensed to conduct business in the state where the project is located and named in the current list of “Surety Companies Acceptable on Federal Bonds” as published in the Federal Register by the Audit Staff Bureau of Accounts, U.S. Treasury Department. The bid security of the successful bidder will be retained until he has executed the Agreement and furnished the required Contract Security, whereupon it will be returned. If he fails to execute and deliver the Agreement and furnish the required Contract Security within ten days of the Notice of Award, the Owner may annul the Notice of Award. The Bid Security of any bidder whom the Owner believes to have a reasonable chance of receiving the award may be retained by the Owner until the earlier of the seventh day after the executed Agreement is delivered by the Owner to the Contractor and the required Contract Security is furnished or the first day after the expiration of the period that bids are specified to remain open in the Special Provisions. Bid Security of other bidders will be returned within seven days of the bid opening.

Contract Time

The number of days for the completion of work (the Contract Time) is 520 Calendar Days to Substantial Completion, and 30 days from Substantial Completion to Final Completion. Provisions for liquidated damages, if any, are set forth in the LAP Division I Specifications. Liquidated damages for any failure of the Contractor to complete the Contract work within the Contract time shall be assessed at the date of Substantial Completion.

Subcontractors, Etc.

If the Special Provisions, Bid Form and/or Specifications require the identity of certain subcontractors, other persons and/or organizations to be submitted to the Owner with the bid, the bidder will list in his bid all subcontractors and other persons and organizations (including those who are to furnish the principal items of material and equipment) proposed for those portions of the work as to which such identification is so required. Where required by the Special Provisions, Bid Form and/or Specifications, such list shall be supplemented by an experience statement, pertinent information as to similar projects satisfactorily completed and/or product descriptions for each listed subcontractor, person or organization. Supplemental information will be submitted with the bid unless it has been pre-filed with the Engineer. In this latter case, the bid shall state that the information has been pre-filed.

If the Owner or the Engineer after due investigation has reasonable objection to any proposed subcontractor, other person or organization, he may before giving the Notice of Award request the apparent low bidder to submit an acceptable substitute without an increase in his bid price. Any subcontractor, other person or organization so listed and to whom the Owner or the Engineer does not make written objection prior to the giving of the Notice of award will be deemed acceptable to the Owner and the Engineer.

The Contractor shall not be required to employ any subcontractor, other person or organization against whom he has reasonable objection.

Bid Form

The bid form is included in the Contract Documents; additional copies may be obtained from the Engineer.

Bids must be submitted on the prescribed form; All blank spaces must be filled in as noted, in ink or typed with amounts extended and totaled. Where indicated on the bid form, items will be stated in both words and in numbers.

The estimate of the various quantities of work applicable to unit price items as shown on the bid form is approximate and is intended solely to provide the basis of comparison upon which the award of contract is made. Final payment will be made on the basis of the actual completed quantities of each item. Payment to the Contractor will be made only for the actual quantities of work performed or material furnished in accordance with the Drawings and other Contract Documents, and it is understood that the quantities may be increased or diminished as provided in the General Conditions without in any way invalidating any of the unit or lump sum prices bid.

Irregular bids may be rejected. Irregular bids are defined as those containing serious omissions, unauthorized alterations, unauthorized alternative bids, incomplete bids or unbalanced bids. Failure to provide all of the information required to accompany the bid by Special Provisions, Bid Form and/or Specifications will be a serious omission.

Only one bid from any individual, firm, partnership of corporation under the same or different names, will be considered. Should it appear to the Owner that any bidder is interested in more than one bid, all bids in which such bidder is interested will be rejected.

Bids by corporations must be executed in the corporate name by the president or vice-president (or other corporate office accompanied by evidence of authority to sign) and the corporate seal shall be affixed and attested by the secretary or an assistant secretary. The corporate address and state of incorporation shall be shown below the signature.

Bids by partnerships must be executed in the partnership name and signed by a partner, his title must appear under his signature and the official address of the partnership must be shown below the signature.

All names must be typed or printed below the signature.

The bid shall contain an acknowledgement of receipt of all Addenda (the numbers of which shall be filled in on the Bid Form)

Submission of Bids

Bids shall be submitted at the time and place indicated in the Advertisement (Invitation) for Bids and shall be accompanied by the Bid Security and other required documents.

The following documents must be filled in and/or executed as part of individual bid submissions:

Bid Bond (Security) Bid Form (Base Bid and Alternative) (to include addenda acknowledgement) Bid Summary Certification of Current Capacity Affidavit of Non-Collusion and Non-Interest of City Employees Sworn Statement under Section 287.133 (3) (A), Florida Statutes, On Public Entity Crimes Certification Regarding Debarment, Suspension, Ineligibility and Voluntary Exclusion Certification for Disclosure of Lobbying Activities Florida Trench Safety Act (Laws 90-96) Questionnaire

Modification and Withdrawal of Bids

Bids may be modified or withdrawn by an appropriate document duly executed (in the manner that a Bid must be executed) and delivered to the place where bids are to be submitted at any time prior to the opening of bids.

Opening of Bids

Bids will be opened as indicated in the Advertisement (Invitation) for Bids.

Bids to Remain Open

All bids shall remain open for the number of days after the day of the bid opening stated in the Special Provisions. The Owner may, in his sole discretion, release any bid and return the Bid Security prior to that date.

Award of Contract

The owner reserves the right to reject any and all bids and waive any and all informalities, and the right to disregard all nonconforming or conditional bids or counter proposals.

In evaluating bids, the Owner shall consider the qualifications of the bidders, whether or not the bids comply with the prescribed requirements, and alternates and unit prices if requested in the bid forms. He may consider the qualifications and experience of subcontractors and other persons and organizations (including those who are to furnish the principal items of material or equipment) proposed for those portions of the work as to which the identity of subcontractors and other persons and organizations must be submitted if so specified in the Special Provisions, Bid Form or Specifications.

He may conduct such investigations as he deems necessary to establish the responsibility, qualifications and financial ability of the bidders, proposed subcontractors and other persons and organizations to do the work in accordance with the Contract Documents to the Owner’s satisfaction within the prescribed time.

The Owner reserves the right to reject the bid of any bidder who does not pass any such evaluation to the Owner’s satisfaction, or is not in the best interest of the City, the public or the project.

If a contract is awarded, it will be awarded to the lowest responsive responsible bidder (based on the “Project Grand Total” – noted on the Bid Form Summary Page – which includes the Base Bid Total and the Additive Alternate Bid Items Total) whose evaluation by the Owner indicates to the Owner that the award will be in the best interest of the project and whose proposal complies with all the prescribed requirements.

In the event that these specifications do not address a specific point, the applicable section(s) of Florida Department of Transportation Standard Specifications for Road and Bridge Construction latest edition, shall apply.

END OF SECTION

BID FORM

CITY OF KISSIMMEE

CONNECT KISSIMMEE COMPLETE STREETS

PHASE 1

PROJECT AREA ~ EMMETT ST/BRAODWAY/ MAIN ST

BID No. RFQ2021-002

The undersigned, as Bidder, declares that no person or persons, firm or corporation, other than those names herein are interested in this bid; that his bid is made without collusion with any other person, firm, or corporation; that the bidder has carefully examined the location of the proposed work, the proposed form of Contract, and the Drawings and Specifications as well as the FDOT Specifications therein referred to;

that no person or persons acting in any official capacity for the City of Kissimmee is directly or indirectly interested therein or in any portion of the profit thereof; and that the Bidder proposes and agrees, if this bid is accepted, to execute the form of Contract with the City of Kissimmee to provide all necessary equipment, tools, labor and other means of construction and to do all work and furnish all the materials shown and specified in the Contract Documents, and according to the requirements of Drawings and Specifications as therein set forth and that the Bidder will take in full payment therefore, the unit prices to wit:

Schedule of Values – Base Bid CONNECT KISSIMMEE COMPLETE STREETS – Phase 1- FDOT Funded

PROJECT AREA ~ Emmett st / broadway / main st Item Number

Approx.

Quantity

Description of Item and Unit Bid Price (Prices to be written in Words)

Unit Price Amount

101-1 1

LS

Mobilization

@ Dollars

102-14 240

HR

Traffic Control Officer

@ Dollars

102-60 15240

EA

Work Zone Sign

@ Dollars

102-71-13 1707

LF

Temporary Barrier, F&I, Low Profile, Concrete

@ Dollars

102-74-1 1560

ED

Channelizing Device-Types I, II, DI, VP, Drum, or LCD

@ Dollars

102-74-8 536615

FD

Channelizing Device-Pedestrian LCD

@ Dollars

102-99 2400

ED

Portable Changeable Message Sign, Temporary

@ Dollars

102-115 20400

ED

Type III Barricade

@ Dollars

Item Number

Approx.

Quantity

Description of Item and Unit Bid Price (Prices to be written in Words)

Unit Price Amount

102-913-21 0.060

GM

Removable Tape, White, Solid, 6”

@ Dollars

102-913-22 0.061

GM

Removable Tape, White, 10’-30’, 3’- 9’, 6’-10’, or 2’-4’ Skip, 6” Wide

@ Dollars

102-913-31 0.352

GM

Removable Tape, Yellow, Solid, 6”

@ Dollars

104-10-3 1388

LF

Sediment Barrier

@ Dollars

104-18 20

LF

Inlet Protection System

@ Dollars

110-1-1 1.97

AC

Clearing and Grubbing

@ Dollars

110-4-10 2309

SY

Removal of Exist Concrete

@ Dollars

110-21 960

LF

Tree Protection Barrier

Approx.

Quantity

Description of Item and Unit Bid Price (Prices to be written in Words)

Unit Price Amount

120-1 1472.3

CY

Regular Excavation

@ Dollars

120-2-2 1074.5

CY

Borrow Excavation

@ Dollars

120-6 204

CY

Embankment

@ Dollars

145-71 6005.3

SY

Embankment

@ Dollars

160-4 11406.6

SY

Type “B” Stabilization, 8”

@ Dollars

285-709 6831.7

SY

Optional Base, Base Group 09

@ Dollars

327-70-4 8802

SY

Milling Exist Asphalt Pavement, 3” Avg Depth

@ Dollars

334-1-13 1054.9

TN

Superpave Asphaltic Concrete, Traffic C, FC-12.5, PG 76-22

Approx.

Quantity

Description of Item and Unit Bid Price (Prices to be written in Words)

Unit Price Amount

337-7-83 972.7

TN

Asphalt Concrete Friction Course, Traffic C, FC-12.5, PG 76-22

@ Dollars

350-3-13 724.3

SY

Plain Cement Concrete Pavement, 12”

@ Dollars

350-5 829.5

LF

Cleaning & Sealing Joints, Concrete Pavement

@ Dollars

350-30-13 94

SY

Concrete Pavement for Roundabout Apron, 12” Depth

@ Dollars

425-1-201 7

EA

Inlets, Curb, Type 9, <10”

@ Dollars

425-1-203 2

EA

Inlets, Curb, Type 9, J Bot, <10”

@ Dollars

425-1-331 1

EA

Inlets, Curb, Type P-3, <10”

@ Dollars

425-1-461 1

EA

Inlets, Curb, Type J-6, <10”

Approx.

Quantity

Description of Item and Unit Bid Price (Prices to be written in Words)

Unit Price Amount

425-1-713 2

EA

Inlets, Ditch Bottom, Type V, J-Bot, <10’

@ Dollars

425-2-41 2

EA

Manhole, P-7, <10’

@ Dollars

425-2-43 4

EA

Manhole, Partial

@ Dollars

425-2-71 3

EA

Manhole, J-7, <10’

@ Dollars

425-2-91 1

EA

Manhole, J-8, <10’

@ Dollars

425-5 12

EA

Manhole, Adjust

@ Dollars

430-175-112 11

LF

Pipe Culvert, Optional Material, Round, 12” S/CD

@ Dollars

430-175-115 54

LF

Pipe Culvert, Optional Material, Round, 15” S/CD

Approx.

Quantity

Description of Item and Unit Bid Price (Prices to be written in Words)

Unit Price Amount

430-175-118 117

LF

Pipe Culvert, Optional Material, Round, 18” S/CD

@ Dollars

430-175-124 396

LF

Pipe Culvert, Optional Material, Round, 24” S/CD

@ Dollars

430-175-215 29

LF

Pipe Culvert, Optional Material, Other-Elip/Arch, 15”

S/CD

@ Dollars

430-175-218 312

LF

Pipe Culvert, Optional Material, Other- Elip/Arch, 18” S/CD

@ Dollars

430-963-2 157

LF

PVC Pipe For Back of Sidewalk, 4”

@ Dollars

430-963-2 13

LF

PVC Pipe For Back of Sidewalk, Non Standard Diameter

@ Dollars

515-1-2 209

LF

Pipe Handrail – Guiderail (Aluminum)

@ Dollars

520-1-10 4357

LF

Concrete Curb & Gutter, Type F

Approx.

Quantity

Description of Item and Unit Bid Price (Prices to be written in Words)

Unit Price Amount

520-2-2 558

LF

Concrete Curb Type B

@ Dollars

520-2-4 807

LF

Concrete Curb Type D

@ Dollars

520-2-8 251

LF

Concrete Curb Type RA

@ Dollars

520-70 46

SY

Concrete Traffic Separator, Special

– Variable Width

@ Dollars

522-1 2691

SY

Concrete Sidewalk and Driveways, 4” Thick

@ Dollars

522-2 582

LF

Concrete Sidewalk and Driveways, 6” Thick

@ Dollars

526-1-1 3351

SY

Pavers, Arch, Roadway

@ Dollars

526-1-2 1621

SY

Architectural Pavers – 4” x 8

Approx.

Quantity

Description of Item and Unit Bid Price (Prices to be written in Words)

Unit Price Amount

527-2 1086

SF

Detectable Warnings

Dollars

570-1-2 1528

SY

Performance Turf (Sod)

Dollars

580-1-1 1

LS

Small Plants

@ Dollars

580-1-2 1

LS

Large Plants

@ Dollars

580-1-2 48

EA

Large Plants (Tree Grate)

@ Dollars

590-70 1

LS

Irrigation System

@ Dollars

590-70-5 1

LS

Irrigation System – Modify Existing System

@ Dollars

611-1-1 1.466

MI

ITSFM Subsurface Documentation – Project Length

Approx.

Quantity

Description of Item and Unit Bid Price (Prices to be written in Words)

Unit Price Amount

611-2-1 2

EA

ITSFM Location Documentation - Intersection

@ Dollars

630-2-11 1043

LF

Conduit, F&I, Open Trench

@ Dollars

630-2-12 3143

LF

Conduit, F&I, Directional Bore

@ Dollars

632-7-6 1

PL

Signal Cable, Remove – Intersection

@ Dollars

633-1-123 4697

LF

Fiber Optic Cable, F&I, Underground, 49- 96 Fibers

@ Dollars

633-1-620 3940

LF

Fiber Optic Cable, F&I, Remove, Underground

@ Dollars

633-2-31 54

EA

Fiber Optic Connection, Install Splice

@ Dollars

633-3-11 2

EA

Fiber Optic Connection Hardware, F&I, Splice Enclosure

Approx.

Quantity

Description of Item and Unit Bid Price (Prices to be written in Words)

Unit Price Amount

633-3-12 2

EA

Fiber Optic Connection Hardware, F&I, Splice Tray

@ Dollars

633-6 550

EA

Fiber Optic Cable Locator

@ Dollars

635-2-11 43

EA

Pull & Splice Box, F&I, 13” x 24” Cover Size

@ Dollars

635-2-12 17

EA

Pull & Splice Box, F&I, 24” x 36” Cover Size

@ Dollars

635-2-13 1

EA

Pull & Splice Box, F&I, 36” Round Cover Size

@ Dollars

639-1-620 1

AS

Electrical Power Service, Remove Underground

@ Dollars

641-2-60 1

EA

Prestressed Concrete Pole, Complete Pole Removal – Pedestal/Service Pole

@ Dollars

646-1-12 8

EA

Aluminum Signals Pole, F&I Pedestrian Detector Post

Approx.

Quantity

Description of Item and Unit Bid Price (Prices to be written in Words)

Unit Price Amount

646-1-60 4

EA

Aluminum Signals Pole, Remove

@ Dollars

649-26-5 3

EA

Steel Mast Arm Assembly, Remove, Deep Foundation – Bolt on Attachment

@ Dollars

650-1-16 1

AS

Vehicular Traffic Signal, F&I, Aluminum, 4 Section, 1 Way

@ Dollars

650-1-70 6

AS

Vehicular Traffic Signal, Relocate – Includes Removal and Reinstallation

@ Dollars

654-2-21 20

AS

Midblock Crosswalk: Rectangular Rapid Flashing Beacon, F&I – Solar Complete Sign Assembly – Single Direction

@ Dollars

654-2-22 10

AS

Midblock Crosswalk: Rectangular Rapid Flashing Beacon, F&I – Solar Complete Sign Assembly – Back to Back

@ Dollars 660-4-42 3

EA

Vehicle Detection System – Video, Relocate Above Ground Equipment

@ Dollars

660-4-51 1

EA

Vehicle Detection System – Video, Adjust/Modify Cabinet Equipment

Approx.

Quantity

Description of Item and Unit Bid Price (Prices to be written in Words)

Unit Price Amount

660-4-52 1

EA

Vehicle Detection System – Video, Adjust/Modify Above Ground Equipment

@ Dollars 660-6-422 2

EA

Vehicle Detection System – AVI, Bluetooth Relocate, Above Ground Equipment

@ Dollars 660-6-521 1

EA

Vehicle Detection System – AVI, Adjust/Modify, Bluetooth, Cabinet Equipment

@ Dollars

660-6-522 2

EA

Vehicle Detection System – AVI, Adjust/Modify, Bluetooth, Above Ground Equipment

@ Dollars 665-1-11 8

EA

Pedestrian Detector, F&I, Standard

@ Dollars

665-1-60 8

EA

Pedestrian Detector, Remove – Pole/Pedestal to Remain

@ Dollars

670-5-600 1

AS

Traffic Controller Assembly, Remove Controller with Cabinet

@ Dollars

671-2-40 2

EA

Traffic Controller, Modify

Approx.

Quantity

Description of Item and Unit Bid Price (Prices to be written in Words)

Unit Price Amount

695-7-600 1

EA

Traffic Monitoring Site Cabinet, Remove Existing Cabinet

@ Dollars

700-1-111 45

AS

Single Post Sign, F&I Ground Mount, Up to 12 sf

@ Dollars

700-1-112 12

AS

Single Post Sign, F&I Ground Mount, 12-20 sf

@ Dollars

700-1-500 18

AS

Single Post Sign, Relocate

@ Dollars

700-1-600 30

AS

Single Post Sign, Remove

@ Dollars

700-2-111 3

AS

Multi – Post Sign, F&I Ground Mount, Up to 12 sf

@ Dollars

700-3-101 15

EA

Sign Panel, F&I Ground Mount, Up to 12 sf

@ Dollars

700-3-501 1

EA

Sign Panel, Relocate, Up to 12 sf

Approx.

Quantity

Description of Item and Unit Bid Price (Prices to be written in Words)

Unit Price Amount

700-3-601 11

EA

Sign Panel, Remove, Up to 12 sf

@ Dollars

705-10-1 1

EA

Object Marker, Type 1

@ Dollars

706-1-3 157

EA

Raised Pavement Marker, Type B

@ Dollars

710-90 1

LS

Painted Pavement Markings (Final Surface)

@ Dollars

711-11-123 116

LF

Thermoplastic, Standard, White, Solid, 12” for Crosswalk

@ Dollars

711-11-124 565

LF

Thermoplastic, Standard, White, Solid, 18” for Diagonal and Chevron

@ Dollars

711-11-125 248

LF

Thermoplastic, Standard, White, Solid, 24” for Stop Line

@ Dollars

711-11-130 16

EA

Thermoplastic, Standard, White, Vertical Deflection Marking

Approx.

Quantity

Description of Item and Unit Bid Price (Prices to be written in Words)

Unit Price Amount

711-11-141 0.116

GM

Thermoplastic, Standard, White, 2-4 Dotted Guideline/ 6-10 Gap Extension, 6”

@ Dollars 711-11-144 0.029

GM

Thermoplastic, Standard, White, 2-2 Dotted Extension Line, 12” for Roundabout

@ Dollars 711-11-160 6

EA

Thermoplastic, Standard, White, Message or Symbol

@ Dollars

711-11-170 13

EA

Thermoplastic, Standard, White, Arrow

@ Dollars

711-11-224 163

LF

Thermoplastic, Standard, Yellow, Solid, 18” for Diagonal and Chevron

@ Dollars

711-11-241 0.111

GM

Thermoplastic, Standard, Yellow, 2-4 Dotted Guideline/ 6-10 Dotted Extension Line, 6”

@ Dollars

711-11-421 1778

LF

Thermoplastic, Standard, Blue, Solid, 6” Extension Line, 6”

@ Dollars

711-14-125 1778

LF

Thermoplastic, Preformed, White, Solid, 24” for Crosswalk

Approx.

Quantity

Description of Item and Unit Bid Price (Prices to be written in Words)

Unit Price Amount

711-14-160 18

EA

Thermoplastic, Preformed, White, Message

@ Dollars

711-16-101 0.963

GM

Thermoplastic, Standard-Other Surfaces, White, Solid, 6”

@ Dollars

711-16-131 0.508

GM

Thermoplastic, Standard-Other Surfaces, Skip, 6”, 10-30 Skip or 3-9 Lane Drop

@ Dollars

711-16-201 0.651

GM

Thermoplastic, Standard-Other Surfaces, Yellow, Solid, 6”

@ Dollars

715-1-70 80

LF

Lighting Conductors, Remove & Stockpile, FDOT or Maint Agency Owns

@ Dollars

715-69-000 2

EA

Light Pole Complete, Remove Pole and Foundation

Schedule of Values – Base Bid CONNECT KISSIMMEE COMPLETE STREETS – Phase 1- City Funded

PROJECT AREA ~ Emmett st / broadway / main st Item Number

Approx.

Quantity

Description of Item and Unit Bid Price (Prices to be written in Words)

Unit Price Amount

101-1 1

LS

Mobilization

@ Dollars

104-10-3 176

LF

Sediment Barrier

@ Dollars

104-18 19

EA

Inlet Protection System

@ Dollars

107-1 0.03

AC

Litter Removal and Disposal

@ Dollars

107-2 0.03

AC

Mowing

@ Dollars

110-1-1 0.97

AC

Clearing and Grubbing

@ Dollars

110-4-10 1579

SY

Removal of Existing Concrete

@ Dollars

120-1 3115

CY

Regular Excavation

Approx.

Quantity

Description of Item and Unit Bid Price (Prices to be written in Words)

Unit Price Amount

120-6 395

CY

Embankment

@ Dollars

285-704 725

SY

Optional Base, Base Group 04

@ Dollars

285-709 2983

SY

Optional Base, Base Group 09

@ Dollars

425-1-201 2

EA

Inlets, Curb, Type 9, <10’

@ Dollars

425-1-361 2

EA

Inlets, Curb, Type P-6, <10’

@ Dollars

425-1-431 1

EA

Inlets, Curb, Type J-3, <10’

@ Dollars

425-1-451 1

EA

Inlets, Curb, Type J-5, <10’

@ Dollars

425-1-563 3

EA

Inlets, Ditch Bottom, Type F, J-Bot, <10’

Approx.

Quantity

Description of Item and Unit Bid Price (Prices to be written in Words)

Unit Price Amount

425-1-713 3

EA

Inlets, Ditch Bottom, Type V, J-Bot, <10’

@ Dollars

425-2-41 4

EA

Manhole, P-7, <10’

@ Dollars

425-2-43 1

EA

Manhole, Partial

@ Dollars

425-5 3

EA

Manhole, Adjust

@ Dollars

430-175-112 20

LF

Pipe Culvert, Optional Material, Round, 12” S/CD

@ Dollars

430-175-115 16

LF

Pipe Culvert, Optional Material, Round, 15” S/CD

@ Dollars

430-175-118 33

LF

Pipe Culvert, Optional Material, Round, 18” S/CD

@ Dollars

430-175-124 4

LF

Pipe Culvert, Optional Material, Round, 24” S/CD

Approx.

Quantity

Description of Item and Unit Bid Price (Prices to be written in Words)

Unit Price Amount

430-175-215 18

LF

Pipe Culvert, Optional Material, Other- Elip/Arch, 15” S/CD

@ Dollars

430-175-218 300

LF

Pipe Culvert, Optional Material, Other- Elip/Arch, 18” S/CD

@ Dollars

520-1-10 2029

LF

Concrete Curb & Gutter, Type F

@ Dollars

520-2-4 1092

LF

Concrete Curb Type D

@ Dollars

526-1-1 2655

SY

Pavers, Arch, Roadway

Dollars

630-2-17 40

LF

Conduit, F&I, Open Trench Under Pavement

@ Dollars

635-2-11 3

EA

Pull & Splice Box, F&I, 13” x 24” Cover Size

@ Dollars

700-1-600 1

AS

Single Column Ground Sign Assembly, Remove

Approx.

Quantity

Description of Item and Unit Bid Price (Prices to be written in Words)

Unit Price Amount

700-3-101 1

EA

Sign Panel, F&I Ground Mount, Up to 12 sf

@ Dollars

700-3-601 6

EA

Sign Panel, Remove, Up to 12 sf

@ Dollars

700-4-126 1

EA

Overhead Static Sign Structure, F&I, Span, 101- 150 sf

@ Dollars

706-1-3 18

EA

Raised Pavement Marker, Type B

@ Dollars

710-90 1

LS

Painted Pavement Markings (Final Surface)

@ Dollars

711-11-123 4

LF

Thermoplastic, Standard, White, Solid, 12” for Crosswalk

@ Dollars

711-11-125 30

LF

Thermoplastic, Standard, White, Solid, 24” for Stop Line

@ Dollars

711-14-125 36

LF

Thermoplastic, Preformed, White, Solid, 24” for Crosswalk

Approx.

Quantity

Description of Item and Unit Bid Price (Prices to be written in Words)

Unit Price Amount

711-16-101 0.204

GM

Thermoplastic, Standard-Other Surfaces, White, Solid, 6”

@ Dollars

711-16-201 0.111

GM

Thermoplastic, Standard-Other Surfaces, Yellow, Solid, 6”

Total (Amount):

Dollars

Base Bid Sub-Total (Written):

BID FORM SUMMARY

BID No. RFQ2021-002

CITY OF KISSIMMEE

CONNECT KISSIMMEE COMPLETE STREETS

PHASE 1

PROJECT AREA ~ EMMETT ST / BROADWAY / MAIN ST

Project:

CONNECT KISSIMMEE COMPLETE STREETS

PHASE 1

PROJECT AREA ~ EMMETT ST / BROADWAY /

MAIN ST

FDOT FUNDED BASE BID TOTAL:

(Numbers)

(Words)

CITY FUNDED BASE BID TOTAL:

(Numbers)

(Words)

PROJECT GRAND TOTAL

(INCLUDING ALL BID ITEMS):

(Numbers)

(Words)

ACKNOWLEDGMENT OF DOCUMENTS AND ADDENDUM

CONNECT KISSIMMEE COMPLETE STREETS PHASE 1

PROJECT AREA ~ EMMETT ST / BROADWAY / MAIN ST

Having studied the Drawings and Project Manual(s) as well as having visited the site, I

(we) hereby propose to construct the Work according to the Contract Documents and the following Addenda which we have received:

Addendum Date Addendum Date

The Bidder agrees that this Bid shall be good and may not be withdrawn within a period of 120 calendar days after the scheduled closing time for receiving bids.

Upon receipt of written notice of the acceptance of this Bid, the Bidder will execute the Contract attached within 15 calendar days and deliver the Public Construction Bond for 100 percent of the payment and for 100 percent of the performance of the Contract price of the work and Certification of Insurance as required by the Contract Documents.

Accompanying this Bid is a Bid Bond, made payable to the City of Kissimmee, of not less than five percent (5%) on the form included in the Project Manual.

The undersigned acknowledges that an authorized representative of the Bidder has visited the site of the Work and is aware of the intent and the scope of the Work to be performed under this Contract and agrees to indemnify, defend, and hold harmless the City of Kissimmee against any cost, damages, or expenses which it may incur or be caused by any error in the preparation of this Bid.

Name of Bidder

Company Name

Street Address

City, State, Zip

Phone Number

License Number

Licensed By

Signature

Title

Witnessed By

Date

NOTE: Affix Corporate Seal Below

BID BOND

CONNECT KISSIMMEE COMPLETE STREETS PHASE 1

PROJECT AREA ~ EMMETT ST / BROADWAY / MAIN ST

(This Form Must Be Used)

KNOW ALL MEN BY THESE PRESENTS,

That we, (hereinafter called the Principal), and

, (hereinafter call the Surety), a corporation created and existing under the laws of the State of , whose principal office is in and authorized to write this type of bond in the State of Florida, as Surety, are held and firmly bound unto the City of Kissimmee the full and just sum of Dollars which represents Five Percent (5%) of the amount bid for the payment of which sum, well and truly to be made, the Principal and the Surety hereby bind ourselves, our heirs, executors, administrators, successors and assigns, jointly and severally, firmly by these presents.

NOW, THEREFORE, the conditions of this obligation are such that if the Bid is accepted, the Principal shall, within ten (10) days after notification of the acceptance thereof, enter into a contract in writing in accordance with the terms of such Bid, and furnish the required bonds as specified in the bidding or contract documents with Surety sufficient and satisfactory to the City of Kissimmee, then this obligation shall be void;

otherwise, to be and remain in full force and virtue of law; and the Surety shall upon the failure of the Principal to comply with any or all of the foregoing requirements within the time specified above, immediately pay to the City of Kissimmee upon demand the amount hereof in good and lawful money of the United State of America, not as a penalty, but as liquidated damages.

This Bid Bond shall be the guaranty and shall be valid as provided for the project identified hereinabove.

IN TESTIMONY WHEREOF, witness the signatures and seals of the Principal and the Surety affixed hereto this day of , in the year of 2024.

Each person signing below shall print his name under his signature and provide sufficient affidavit showing such authority to bind said corporation.

Principal

By:

(Corporation Must Affix Seal)

Title:

Surety

By:

(Surety Must Affix Seal)

Title:

NOTE: Power of Attorney showing authority of Surety’s Agent or Attorney-in-fact must be attached.

CONTRACT

CONNECT KISSIMMEE COMPLETE STREETS PHASE 1

PROJECT AREA ~ EMMETT ST / BROADWAY / MAIN ST

This Contract, entered into this day of , 20 , by and between the City of Kissimmee, Florida, a Municipal Corporation of the State of Florida hereinafter called the Owner, and , hereinafter called the Contractor.

Witnesseth: That the Owner agrees with the Contractor, as follows:

The Contract shall consist of the following, all of which are hereby made apart hereof.

Advertisement for Bids Instructions to Bidders General Conditions and Special Provisions LAP Division I Specifications Specifications Package Construction Plans Titled; Connect Kissimmee Complete Streets Phase 1 - Project Area ~ Emmett St / Broadway / Main St Specifications and Addenda Nos.

Bid Summary Contract FDOT Standard Specifications for Road & Bridge Construction, Latest edition Public Construction Bond Appendix A, B and C

The Contractor agrees to furnish all materials and perform all work to complete the construction of the Connect Kissimmee Complete Streets – Project Area ~ Emmett St / Broadway / Main St Project, as set forth in the component parts of the Contract hereinbefore described, and to the satisfaction of the Owner or his duly authorized representative.

Contractor agrees to commence the work to be done under this contract on the date to be specified in the NOTICE TO PROCEED and agrees to complete said work the identified calendar days from and after said date as submitted in the bid. This is a ONE NOTICE TO PROCEED contract.

The Owner agrees to pay the Contractor for the faithful performance under this Contract, subject to any additions and deductions as herein provided, the approximate amount of

Dollars ($ ) based on the estimated quantities and unit or lump sum prices contained herein.

Liquidated damages for any failure of the Contractor to complete the Contract work within the Contract time will be assessed per day in amounts presented in the Liquidated damages section of the LAP Division I Specifications.

The contract time is 520 calendar days following issuance of the Notice to Proceed as specified in the SPECIAL PROVISIONS.

Time is of the Essence.

Insurance Provisions: The successful bidder will have in force the following insurance coverage and will provide Certificates of Insurance with the contract.

Workers’ Compensation: The Contractor will provide Workers’ Compensation coverage for all employees at the site location and, in case any work is subcontracted, will require the subcontractor to provide Workers’ Compensation for all his employees. The limits will be statutory for Workers’ Compensation and $300,000.00 for Employers’ Liability.

Insurance Company Name:

Address Telephone Number

Comprehensive General Liability: The Contractor will provide all operations including, but not limited to Contractual, and Products and Completed Operations. The limits will be not less than $1,000,000.00.

Insurance Company Name:

Address Telephone Number

Comprehensive Automobile Liability: The Contractor will provide for all owned and non-owned vehicles for limits of not less than $1,000,000.00.

Insurance Company Name:

Address Telephone Number

The Contractor will provide an umbrella in excess to the coverage in paragraphs B), and C) of not less than $1,000,000.00.

Insurance Company Name:

Address Telephone Number

Certificates of Insurance acceptable to the Owner shall be filed with the Owner with the contract. Each policy shall contain a provision that the policy will not be canceled or allowed to expire until at least 30 days’ prior written notice has been given to the Owner.

Indemnification. “To the extent provided by law, Contractor shall indemnify, defend, and hold harmless the City of Kissimmee and the State of Florida, Department of Transportation, including the Department’s officers, agents, and employees, against any actions, claims, or damages arising out of, relating to, or resulting from negligent or wrongful act(s) of Contractor, or any of its officers, agents, or employees, acting within the scope of their office or employment, in connection with the rights granted to or exercised by Contractor.

The foregoing indemnification shall not constitute a waiver of the Department’s or City of Kissimmee’s sovereign immunity beyond the limits set forth in Florida Statutes, Section

768.28. Nor shall the same be construed to constitute agreement by Contractor to indemnify the City of Kissimmee for the negligent acts or omissions of the City of Kissimmee its officers, agents, or employees, or third parties. Nor shall the same be construed to constitute agreement by Contractor to indemnify the Department for the negligent acts or omissions of the Department, its officers, agents, or employees, or third parties. This indemnification shall survive the termination of this Agreement.”

Attorney Fees, Venue, Jury Trial: Venue of all actions shall lie in Osceola County, Florida. Each party waives the right to a jury trial. Each party agrees that the prevailing party shall be entitled to reimbursement of reasonable attorney fees, including court costs, from the opposing party. For the purpose of this agreement, reasonable Attorney fees of the City Attorney shall be based on the fees regularly charged by a private Attorney with an equivalent number of years of professional experience who practice in Orange and Osceola County, Florida.

The Parties agree to comply with s.20.055(5) Florida Statutes, and to incorporate in all subcontracts the obligation to comply with s.20.055(5), Florida Statutes.

IN WITNESS WHEREOF the Parties hereto have executed this Contract in FOUR counterparts, each of which shall be, without proof or accounting for the other counterparts, deemed an original Contract.

CITY: CITY OF KISSIMMEE

BY:

Mayor

ATTEST:

City Clerk (SEAL)

CONSTRUCTION COMPANY;

ATTEST:

BY:

(SEAL)

Approved as to Form and Legality:

BY:

City Attorney

FHWA-1273 – Revised October 23, 2023

REQUIRED CONTRACT PROVISIONS FEDERAL-AID CONSTRUCTION CONTRACTS

General Nondiscrimination Non-segregated Facilities Davis-Bacon and Related Act Provisions Contract Work Hours and Safety Standards Act Provisions Subletting or Assigning the Contract Safety: Accident Prevention False Statements Concerning Highway Projects Implementation of Clean Air Act and Federal Water Pollution Control Act Certification Regarding Debarment, Suspension, Ineligibility and Voluntary Exclusion Certification Regarding Use of Contract Funds for Lobbying Use of United States-Flag Vessels: ATTACHMENTS

A. Employment and Materials Preference for Appalachian Development Highway System or Appalachian Local Access Road Contracts (included in Appalachian contracts only)

GENERAL

Form FHWA-1273 must be physically incorporated in each construction contract funded under title 23, United States Code, as required in 23 CFR 633.102(b) (excluding emergency contracts solely intended for debris removal). The contractor (or subcontractor) must insert this form in each subcontract and further require its inclusion in all lower tier subcontracts (excluding purchase orders, rental agreements and other agreements for supplies or services). 23 CFR 633.102(e).

The applicable requirements of Form FHWA-1273 are incorporated by reference for work done under any purchase order, rental agreement or agreement for other services. The prime contractor shall be responsible for compliance by any subcontractor, lower-tier subcontractor or service provider.

23 CFR 633.102(e).

Form FHWA-1273 must be included in all Federal-aid design- build contracts, in all subcontracts and in lower tier subcontracts (excluding subcontracts for design services, purchase orders, rental agreements and other agreements for supplies or services) in accordance with 23 CFR 633.102. The design-builder shall be responsible for compliance by any subcontractor, lower-tier subcontractor or service provider.

Contracting agencies may reference Form FHWA-1273 in solicitation-for-bids or request-for-proposals documents, however, the Form FHWA-1273 must be physically incorporated (not referenced) in all contracts, subcontracts and lower-tier subcontracts (excluding purchase orders, rental agreements and other agreements for supplies or services related to a construction contract). 23 CFR 633.102(b).

Subject to the applicability criteria noted in the following sections, these contract provisions shall apply to all work performed on the contract by the contractor's own organization and with the assistance of workers under the contractor's immediate superintendence and to all work performed on the contract by piecework, station work, or by subcontract. 23 CFR 633.102(d).

A breach of any of the stipulations contained in these Required Contract Provisions may be sufficient grounds for withholding of progress payments, withholding of final payment, termination of the contract, suspension / debarment or any other action determined to be appropriate by the contracting agency and FHWA.

Selection of Labor: During the performance of this contract, the contractor shall not use convict labor for any purpose within the limits of a construction project on a Federal-aid highway unless it is labor performed by convicts who are on parole, supervised release, or probation. 23 U.S.C. 114(b). The term Federal-aid highway does not include roadways functionally classified as local roads or rural minor collectors. 23 U.S.C. 101(a).

NONDISCRIMINATION (23 CFR 230.107(a); 23 CFR Part 230, Subpart A, Appendix A; EO 11246)

The provisions of this section related to 23 CFR Part 230, Subpart A, Appendix A are applicable to all Federal-aid construction contracts and to all related construction subcontracts of $10,000 or more. The provisions of 23 CFR Part 230 are not applicable to material supply, engineering, or architectural service contracts.

In addition, the contractor and all subcontractors must comply with the following policies: Executive Order 11246, 41 CFR Part 60, 29 CFR Parts 1625-1627, 23 U.S.C. 140, Section 504 of the Rehabilitation Act of 1973, as amended (29 U.S.C. 794), Title VI of the Civil Rights Act of 1964, as amended (42 U.S.C. 2000d et seq.), and related regulations including 49 CFR Parts 21, 26, and 27; and 23 CFR Parts 200, 230, and 633.

The contractor and all subcontractors must comply with: the requirements of the Equal Opportunity Clause in 41 CFR 60- 1.4(b) and, for all construction contracts exceeding $10,000, the Standard Federal Equal Employment Opportunity Construction Contract Specifications in 41 CFR 60-4.3.

Note: The U.S. Department of Labor has exclusive authority to determine compliance with Executive Order 11246 and the policies of the Secretary of Labor including 41 CFR Part 60, and 29 CFR Parts 1625-1627. The contracting agency and the FHWA have the authority and the responsibility to ensure compliance with 23 U.S.C.

140, Section 504 of the Rehabilitation Act of 1973, as amended (29 U.S.C. 794), and Title VI of the Civil Rights Act of 1964, as amended (42 U.S.C. 2000d et seq.), and related regulations including 49 CFR Parts 21, 26, and 27; and 23 CFR Parts 200, 230, and 633.

The following provision is adopted from 23 CFR Part 230, Subpart A, Appendix A, with appropriate revisions to conform to the U.S.

Department of Labor (US DOL) and FHWA requirements.

Equal Employment Opportunity: Equal Employment Opportunity (EEO) requirements not to discriminate and to take affirmative action to assure equal opportunity as set forth under laws, executive orders, rules, regulations (see 28 CFR Part 35, 29 CFR Part 1630, 29 CFR Parts 1625-1627, 41 CFR Part 60 and 49 CFR Part 27) and orders of the Secretary of Labor as modified by the provisions prescribed herein, and imposed pursuant to 23 U.S.C.