Airpark_Asphalt_Taxiway_(Addendum_#1_Revision).pdf

v. 7.2024 Procurement Division PO Box 4748 33758-4748 Clearwater FL 727-562-4630

INVITATION TO BID

23-0014-AP

AIRPARK ASPHALT TAXIWAY

INSTRUCTIONS TO BIDDERS

1. COPIES OF BIDDING DOCUMENTS

1.1. Bid Documents, any attachments and addenda are available for download at: https://procurement.opengov.com/portal/myclearwater/projects/164303.Bidding Documents may include, but are not limited to, plans, specifications, bond forms, contract form, affidavits, bid/proposal form, and addendums.

1.2. Complete sets of Bidding Documents must be used in preparing bids. Neither the City nor the

Engineer shall be liable for errors or misinterpretations resulting from the use of incomplete sets of

Bidding Documents, by Bidders, sub-bidders, or others.

2. QUALIFICATION OF BIDDERS

2. 1 Each prospective Bidder must pre-qualify to demonstrate, to the complete satisfaction of the City of Clearwater, that the Bidder has the necessary facilities, equipment, ability, financial resources and experience to perform the work in a satisfactory manner. An application package for pre-qualification may be obtained by contacting the City of Clearwater, Engineering Division by phone at (727) 562-

4750. Pre-qualification requirement information is also available on the City of Clearwater Website at address:

www.myclearwater.com/government/city-departments/engineering/construction-management.

Contractors wanting to pre-qualify to bid on a project as a General Contractor must do so two weeks (ten workdays) prior to the bid opening date. Bidders currently pre-qualified by the City do not have to make reapplication. It is the Contractor’s responsibility to confirm pre-qualification status before a Bid Opening.

The Contractor shall provide copies of the current Contractor License/Registration with the

State of Florida and Pinellas County in the bid response.

3. EXAMINATION OF CONTRACT DOCUMENTS AND SITE

3.1.It is the responsibility of each Bidder, before submitting a Bid, to (a) examine the Contract

Documents thoroughly; (b) visit the site to become familiar with local conditions that may in any manner affect cost, progress, performance or furnishing of the work; (c) consider and abide by all applicable https://procurement.opengov.com/portal/myclearwater/projects/164303 http://www.myclearwater.com/government/city-departments/engineering/construction-management http://www.myclearwater.com/government/city-departments/engineering/construction-management

v. 7.2024 2 federal, state and local laws, ordinances, rules and regulations; and (d) study and carefully correlate

Bidder's observations with the Contract Documents, and notify Engineer in writing of all conflicts, errors or discrepancies in the Contract Documents.

3.2.For the purposes of bidding or construction, bidder may rely upon the accuracy of the technical data contained in reports of explorations and tests of subsurface conditions at the site which have been utilized by the Engineer in the preparation of the Contract Documents, but not upon non-technical data, interpretations or opinions contained therein or for the completeness thereof. Drawings relating to physical conditions of existing surface and subsurface conditions (except Underground Facilities) which are at or contiguous to the site and which have been utilized by the Engineer in preparation of the Contract Documents, may be relied upon by Bidder for accuracy of the technical data contained in such drawings but not upon the completeness thereof for the purposes of bidding or construction.

3.3.Information and data reflected in the Contract Documents with respect to Underground Facilities at or contiguous to the site are based upon information and data furnished to the City and Engineer by owners of such Underground Facilities or others, and the City does not assume responsibility for the accuracy or completeness thereof unless expressly provided in the Contract Documents.

3.4.Provisions concerning responsibilities for the adequacy of data furnished to prospective Bidders on subsurface conditions, Underground Facilities, other physical conditions, possible conditions, and possible changes in the Contract Documents due to differing conditions appear in the General

Conditions.

3.5. Before submitting a Bid, each Bidder shall, at Bidder's own expense, make or obtain any additional examinations, investigations, explorations, tests and studies and obtain any additional information and data which pertain to the physical conditions (surface, subsurface and Underground Facilities) at or contiguous to the site or otherwise which may affect cost, progress, performance or furnishing the work in accordance with the time, price and other terms and conditions of the Contract Documents.

3.6. On request in advance, City will provide each Bidder access to the site to conduct such explorations and tests at Bidder's own expense as each Bidder deems necessary for submission of a

Bid. Bidder shall fill all holes and clean up and restore the site to its former condition upon completion of such explorations and tests.

3.7. The lands upon which the Work is to be performed, rights-of-way and easements for access thereto and other lands designated for use by the Contractor in performing the Work are identified in the Contract Documents. All additional lands and access thereto required for temporary construction facilities or storage of materials and equipment are to be provided by the Contractor. Easements for permanent structures or permanent changes in existing structures are to be obtained and paid for by the City unless otherwise provided in the Contract Documents.

3.8. The submission of a Bid will constitute an unequivocal representation by the Bidder that the Bidder has complied with every requirement of these Instructions to Bidders and that, without exception, the

Bid is premised upon performing and furnishing the Work required by the Contract Documents by such means, methods, techniques, sequences or procedures of construction as may be indicated in or required by the Contract Documents, and that the Contract Documents are sufficient in scope and detail to indicate and convey understanding of all terms and conditions of performance and furnishing of the work.

4. INTERPRETATIONS AND ADDENDA

4.1. All questions as to the meaning or intent of the Contract Documents are to be directed in writing to the Engineer. Interpretations or clarifications considered necessary by the Engineer in response to such

v. 7.2024 3 questions will be issued by Addenda, via OpenGov. Questions received after the time frame specified on the pre-bid meeting agenda, prior to the date for opening of Bids, may not be answered. Only information provided by formal written Addenda will be binding. Oral and other interpretations of clarifications will be without legal effect.

4.2. Addenda may also be issued to modify the Bidding Documents as deemed advisable by the City or

Engineer.

5. BID SECURITY OR BID BOND

5.1. Each Bid must be accompanied by Bid Security made payable to the City of Clearwater in an amount equal to ten percent (10%) of the Bidder’s maximum Bid price and in the form of a certified or cashier’s check or a Proposal/Bid Bond (on form provided in Section V) issued by a surety meeting the requirements of the General Conditions.

5.2. The Bid Security of the Successful Bidder will be retained until such Bidder has executed the

Agreement and furnished the required Payment and Performance bonds, whereupon the Bid Security will be returned. If the Successful Bidder fails to execute, deliver the Agreement and furnish the required Bonds within ten (10) days after the award of contract by the City Council, the City may annul the bid and the Bid Security of the Bidder will be forfeited. The Bid Security of any Bidder whom the

City believes to have a reasonable chance of receiving the award may be retained by the City until the successful execution of the agreement with the successful Bidder or for a period up to ninety (90) days following bid opening. Security of other Bidders will be returned approximately fourteen (14) days after the Bid Opening.

5.3. The Bid Bond shall be issued in the favor of the City of Clearwater by a surety company qualified to do business in, and having a registered agent in, the State of Florida.

6. CONTRACT TIME

6.1. The number of consecutive calendar days within which the work is to be completed is set forth in the Technical Specifications.

7. LIQUIDATED DAMAGES

7.1. Provisions for liquidated damages are set forth in the Contract Agreement, Section V.

8. SUBSTITUTE MATERIAL AND EQUIPMENT

8.1. The contract, if awarded, will be on the basis of material and equipment described in the Drawings or specified in the Specifications without consideration of possible substitute or "or equal" items.

Whenever it is indicated in the Drawings or specified in the Specifications that a substitute or "or equal" item may be furnished or used, application for its acceptance will not be considered by the Engineer until after the effective date of the Contract Agreement. The procedure for submittal of any such application is described in the General Conditions and as supplemented in the Technical

Specifications.

9. SUBCONTRACTORS

9.1. If requested by the City or Engineer, the Successful Bidder, and any other Bidder so requested, shall, within seven (7) days after the date of the request, submit to the Engineer an experience statement with pertinent information as to similar projects and other evidence of qualification for each

Subcontractor, supplier, person and organization to be used by the Contractor in the completion of the

Work. The amount of subcontract work shall not exceed fifty percent (50%) of the Work except as may

v. 7.2024 4 be specifically approved by the Engineer. If the Engineer, after due investigation, has reasonable objection to any proposed Subcontractor, supplier, other person or organization, he may, before recommending award of the Contract to the City Council, request the Successful Bidder to submit an acceptable substitute without an increase in Contract Price or Contract Time. If the Successful Bidder declines to make any such substitution, the City may award the contract to the next lowest and most responsive Bidder that proposes to use acceptable Subcontractors, Suppliers, and other persons and organizations. Declining to make requested substitutions will not constitute grounds for sacrificing the

Bid Security to the City of any Bidder. Any Subcontractor, supplier, other person or organization listed by the Contractor and to whom the Engineer does not make written objection prior to the recommendation of award to the City Council will be deemed acceptable to the City subject to revocation of such acceptance after the Effective Date of the Contract Agreement as provided in the

General Conditions.

9.2. No Contractor shall be required to employ any Subcontractor, supplier, person, or organization against whom he has reasonable objection.

10. BID/PROPOSAL FORM

10.1. The Bid/Proposal Form is included with the Contract Documents and shall be printed in ink or typewritten. All blanks on the Bid/Proposal Forms must be completed. Unit Prices shall be to no more than two decimal points in dollars and cents. The Bidder must state in the Bid/Proposal Form in words and numerals without delineation’s, alterations or erasures, the price for which they will perform the work as required by the Contract Documents. Bidders are required to bid on all items in the

Bid/Proposal form. The lump sum for each section or item shall be for furnishing all equipment, materials, and labor for completing the section or item as per the plans and contract specifications.

Should it be found that quantities or amounts shown on the plans or in the proposal, for any part of the work, are exceeded or should they be found to be less after the actual construction of the work, the amount bid for each section or item will be increased or decreased in direct proportion to the unit prices bid for the listed individual items.

10.2. Bids by corporations shall be executed in the corporate name by the president or a vice-president

(or other corporate officer accompanied by evidence of authority to sign) and the corporate seal shall be affixed. The corporate address and state of incorporation shall be shown below the Signature. If requested, the person signing a Bid for a corporation or partnership shall produce evidence satisfactory to the City of the person's authority to bind the corporation or partnership.

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

10.4. All names shall be typed or printed below the signature.

11. SUBMISSION OF BIDS

11.1. It is recommended that bids are submitted electronically through the City's e-Procurement Portal located at https://procurement.opengov.com/portal/myclearwater. By way of the e-Procurement Portal, responses will be locked and digitally encrypted until the submission deadline passes.

Sealed Bids not submitted electronically shall be submitted at or before the time and at the place indicated in the Advertisement for Bids and shall be submitted in a sealed envelope with the project name and number on the bottom left-hand corner. If forwarded by mail, the Bid shall be enclosed in another envelope with the notation "Bid Enclosed" on the face thereof and addressed to the City of Clearwater, https://procurement.opengov.com/portal/myclearwater

v. 7.2024 5 attention Purchasing Manager. Bids will be received at the office indicated in the Advertisement until the time and date specified. Bids in any other form will not be accepted.

E-mail or fax submissions will not be accepted.

No responsibility will attach to the City of Clearwater, its employees or agents for premature opening of a bid that is not properly addressed and identified.

11.2. If submitting a hard copy, the sealed bid envelope shall contain, but not be limited to, the

Proposal/Bid Bond and corresponding Power of Attorney, Affidavit, Non-Collusion Affidavit, Proposal

(pages one and two), Addendum Sheet, Bidder’s Proposal, Scrutinized Companies and Business

Operations with Cuba and Syria Certification Form, and E-Verify form.

12. MODIFICATION AND WITHDRAWAL OF BIDS

12.1. For bids submitted electronically, vendors may use the "Unsubmit Response" button located on the

Response Details page of their submission. Responses may be resubmitted once they have been edited or modified as needed.

For mailed in or hand delivered bids, written requests to modify or withdraw the bid received by the City prior to the scheduled opening time will be accepted and will be corrected after opening. Written requests must be addressed and labeled in the same manner as the bid and marked as a MODIFICATION or

WITHDRAWAL of the bid.

No oral requests will be allowed.

Requests for withdrawal after the bid opening will only be granted upon proof of undue hardship and may result in the forfeiture of any bid security. Any withdrawal after the bid opening shall be allowed solely at the City’s discretion.

13. REJECTION OF BIDS

13.1. To the extent permitted by applicable State and Federal laws and regulations, the City reserves the right to reject any, and all Bids, and to waive any, and all informalities. Grounds for the rejection of a bid include but are not limited to a material omission, unauthorized alteration of form, unauthorized alternate bids, incomplete or unbalanced unit prices, or irregularities of any kind. Also, the City reserves the right to reject any Bid if the City believes that it would not be in the best interest of the public to make an award to that Bidder, whether because the Bid is not responsive or the Bidder is unqualified or of doubtful financial ability or fails to meet any other pertinent standard or criteria established by the City. The City reserves the right to decide which bid is deemed to be the lowest and best in the interest of the public.

14. DISQUALIFICATION OF BIDDER

14.1. Any or all bids will be rejected if there is any reason for believing that collusion exists among the bidders, the participants in such collusion will not be considered in future proposals for the same work.

Each bidder shall execute the Non-Collusion Affidavit contained in the Contract Documents.

15. OPENING OF BIDS

15.1. Bids will be opened and read publicly at the location and time stated in the Advertisement for

Bids. Bidders are invited to be present at the opening of bids.

16. LICENSES, PERMITS, ROYALTY FEES AND TAXES

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16.1. The Contractor shall secure all licenses and permits (and shall pay all permit fees) except as specifically stated otherwise in the Technical Specifications. The Contractor shall comply with all

Federal and State Laws, County and Municipal Ordinances and regulations, which in any manner effect the prosecution of the work. City of Clearwater building permit fees and impact fees will be waived except as specifically stated otherwise in the Technical Specifications.

16.2. The Contractor shall assume all liability for the payment of royalty fees due to the use of any construction or operation process, which is protected by patent rights except as specifically stated otherwise in the Technical Specifications. The amount of royalty fee, if any, shall be stated by the

Contractor.

16.3. The Contractor shall pay all applicable sales, consumer, use, and other taxes required by law.

The Contractor is responsible for reviewing the pertinent State Statutes involving the sales tax and sales tax exemptions and complying with all requirements.

16.4. The City of Clearwater is exempt from state sales tax on materials purchased by the City and incorporated into the WORK. The City of Clearwater reserves the right to implement the Owner Direct

Purchase (ODP) Option, as may be indicated in the Scope of Work Description in Section IV –

Technical Specifications and as defined in Section III – General Conditions.

17. IDENTICAL TIE BIDS/VENDOR DRUG FREE WORKPLACE

17.1. In accordance with the requirements of Section 287.087 Florida Statutes regarding a Vendor

Drug Free Workplace, in the event of identical tie bids, preference shall be given to bidders with drug-free workplace programs. Whenever two or more bids which are equal with respect to price, quality, and service are received by the City for the procurement of commodities or contractual services, a bid received from a business that certifies that it has implemented a drug-free workplace program shall be given preference in the award process. Established procedures for processing tie bids will be followed if none or all of the tied bidders have a drug-free workplace program. In order to have a drug-free workplace program, a contractor shall supply the City with a certificate containing the following six statements and the accompanying certification statement:

(1)Publish a statement notifying employees that the unlawful manufacture, distribution, dispensing, possession, or use of a controlled substance is prohibited in the workplace and specifying the actions that will be taken against employees for violations of such prohibition.

(2) Inform employees as to the dangers of drug abuse in the workplace, the business's policy of maintaining a drug-free workplace, any available drug counseling, rehabilitation, and employee assistance programs, and the penalties that may be imposed upon employees for drug abuse violations.

(3) Give each employee engaged in providing the commodities or contractual services that are under bid a copy of the statement specified in subsection (1).

(4) In the statement specified in subsection (1), notify the employees that, as a condition of working on the commodities or contractual services that are under bid, the employee will abide by the terms of the statement and will notify the employer of any conviction of, or plea of guilty or nolo contendere to, any violation of chapter 893, or of any controlled substance law, of the United States, or of any state, for a violation occurring in the workplace no later than five (5) days after such conviction.

(5) Impose a sanction on or require the satisfactory participation in a drug abuse assistance or rehabilitation program if such is available in the employee's community, by any employee who is so convicted.

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(6) Make a good faith effort to continue to maintain a drug-free workplace through implementation of this section.

I certify that this firm does/does not (select only one) fully comply with the above requirements.

18. AWARD OF CONTRACT

18.1. Discrepancies between words and figures will be resolved in favor of words. Discrepancies in the multiplication of units of work and unit prices will be resolved in favor of the unit prices.

Discrepancies between the indicated sum of any column of figures and the correct sum thereof will be resolved in favor of the correct sum.

18.2. In evaluating the Bids, the City will consider the qualifications of the Bidders, whether the Bids comply or not with the prescribed requirements, unit prices, and other data as may be requested in the Bid/Proposal form. The City may consider the qualifications and experience of Subcontractors, suppliers and other persons and organizations proposed by the Contractor for the Work. The City may conduct such investigations as the City deems necessary to assist in the evaluation of any Bid and to establish the responsibility, qualifications and financial ability of Bidders, proposed Subcontractors, Suppliers and other persons, and organizations to perform and furnish the Work in accordance with the Contract Documents to the City's satisfaction within the prescribed time.

18.3. If the Contract is to be awarded, it will be awarded to the lowest responsible, responsive Bidder whose evaluation by the City indicates to the City that the award will be in the best interest of the City.

18.4. Award of contract will be made for that combination of base bid and alternate bid items in the best interest of the City, however, unless otherwise specified all work awarded will be awarded to only one Contractor.

18.5. The successful bidder/contractor will be required to comply with Section 119.0701, Florida

Statutes, specifically to:

A. Keep and maintain public records that ordinarily and necessarily would be required by the City of Clearwater in order to perform the service;

B. Provide the public with access to public records on the same terms and conditions that the City of Clearwater would provide the records and at a cost that does not exceed the cost provided in this chapter or as otherwise provided by law;

C. Ensure that public records that are exempt or confidential and exempt from public records disclosure requirements are not disclosed except as authorized by law; and

D. Meet all requirements for retaining public records and transfer, at no cost, to the City of Clearwater all public records in possession of the contractor upon termination of the contract and destroy any duplicate public records that are exempt or confidential and exempt from public records disclosure requirements. All records stored electronically must be provided to the public agency in a format that is compatible with the information technology systems of the City of

Clearwater.

19. BID PROTEST

19.1. RIGHT TO PROTEST:

Pursuant to Section 2.562(3), Clearwater Code of Ordinances, a bidder who submitted a response to a competitive solicitation and was not selected may appeal the decision through

v. 7.2024 8 the bid protest procedures, a copy of which shall be available in the Procurement Division. A protesting bidder must include a fee of one percent of the amount of the bid or proposed contract to offset the City’s additional expenses related to the protest. This fee shall not exceed

$5,000.00 nor be less than $50.00. Full refund will be provided should the protest be upheld. No partial refunds will be made.

20. TRENCH SAFETY ACT

20.1. The Bidder shall comply with the provisions of the City of Clearwater’s Ordinance related to trench digging (Ordinance No. 7918-08) along with the Florida Trench Safety Act (Sections 553.60-

553.64, Florida Statutes) and the provisions of the Occupational Safety and Health Administration's

(OSHA) excavation safety standards, 29 C.F.R.s 1926.650 Subparagraph P, or current revisions of these laws.

21. CONSTRUCTION SITE EROSION AND SEDIMENT CONTROL MANAGEMENT

MEASURES

21.1. The Bidder shall comply with the provisions of the Environmental Protection Agency (EPA)

National Pollution Discharge Elimination System (NPDES) stormwater permit and implement stormwater pollution prevention plans (SWPPP’s) or stormwater management programs (both using best management practices (BMPs) that effectively reduce or prevent the discharge of pollutants into receiving waters.

A. The control of construction-related sediment loadings is critical to maintaining water quality.

The implementation of proper erosion and sediment control practices during the construction stage can significantly reduce sediment loadings to surface waters.

B. Prior to land disturbance, prepare and implement an approved erosion and sediment control plan or similar administrative document that contains erosion and sediment control provisions.

NPDES Management Measures available at City of Clearwater Engineering Environmental

Division and EPA websites to help address construction-related Best Management Practices.

GENERAL CONDITIONS

Section III - General Conditions can be found on the City's website at:

https://www.myclearwater.com/Business-Development/Doing-Business-with-the-City/Engineering-

Construction-Bid-Information/Contract-Specifications

TECHNICAL SPECIFICATIONS

3.1 SCOPE OF WORK

Project Name: Airpark Asphalt Taxiway

Project Number: 23-0014-AP

Scope of Work:

Clearwater Executive Airport (CLW) is located in Pinellas County, Florida and is owned and operated by the City of Clearwater. The project consists of stormwater improvements, rehabilitating Aprons and Taxilanes, and taxiway reconstruction of the identified below:

https://www.myclearwater.com/Business-Development/Doing-Business-with-the-City/Engineering-Construction-Bid-Information/Contract-Specifications https://www.myclearwater.com/Business-Development/Doing-Business-with-the-City/Engineering-Construction-Bid-Information/Contract-Specifications

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Base Bid: Installation of Stormwater dry retention ponds, underdrain piping, impervious pvc pond liners, 15”-36” Reinforced concrete pipe, FDOT stormwater inlets and structures, and milling and overlay of existing taxiway and roadways to facilitate installation of drainage elements.

Bid Additive 1: Remove existing Taxiway “A” Markings, application of a rejuvenating sealcoat, and Re-Marking of effected Taxiway A and Connector areas.

Bid Additive 2: Two Inch Bituminous asphalt milling and overlay of Polymer modified

PG76-22 Asphalt Surface Course within the along the main t-hanger taxilane area

Bid Additive 3: Two Inch Bituminous asphalt milling and overlay of Polymer modified

PG76-22 Asphalt Surface Course within the identified T-Hangar areas (Buildings G-H)

Bid Additive 4: 2 ¼ Inch Bituminous asphalt milling and overlay of Polymer modified

PG76-22 Asphalt Surface Course within the Hangar Apron Area identified

Bid Additive 5: Removal of existing Center Taxiway and reconstruction with new re-aligned taxiway compliant with FAA and FDOT regulations. This includes excavation for the installation of new FDOT base course material, and new 2” asphalt surface course consisting of PG76-22 Polymer modified binder. Additionally the area will include aircraft tie down anchors and re-marking of the Taxiway Centerlines and Parking positions. Minor electrical modifications are required to relocate existing circuitry crossings.

The Basis of Award for this project will include the Base Bid schedule of work plus any combination of additive bids listed based upon available funding for the project at the time of construction.

3.2 Section IV - Technical Specifications

Section IV - Technical Specifications can be found on the City's website at:

https://www.myclearwater.com/Business-Development/Doing-Business-with-the-City/Engineering-

Construction-Bid-Information/Contract-Specifications

3.3 Section V - Contract Documents

Section V - Contract Documents can be found on the City's website at: https://www.myclearwater.com/Business-Development/Doing-Business-with-the-City/Engineering-

Construction-Bid-Information/Contract-Specifications

SUPPLEMENTAL TECHNICAL SPECIFICATIONS - Section IVA

Florida Department of Transportation Funding Provisions

This project is being funded in part by a Grant from the Florida Department of Transportation (FDOT). By entering into the construction contract, the Contractor is required to abide by the following contract provisions:

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Equal Employment Opportunity (11.10):

In connection with the carrying out of this Project, the contractor shall not discriminate against any employee or applicant for employment because of race, age, creed, color, sex or national origin. The

Contractor will take affirmative action to ensure that applicants are employed, and that employees are treated during employment, without regard to their race, age, creed, color, sex, 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 shall insert the foregoing provision modified only to show the particular contractual relationship in all its subcontracts in connection with the development or operation of the Project, except subcontracts for the standard commercial supplies or raw materials, and shall require all such subcontractors to insert a similar provision in all subcontracts, except subcontracts for standard commercial supplies or raw materials. When the Project involves installation, construction, demolition, removal, site improvement, or similar work, the Contractor shall post, in conspicuous places available to employees and applicants for employment for Project work, notices to be provided by the Department setting forth the provisions of the nondiscrimination clause.

Title VI - Civil Rights Act of 1964: The Contractor will comply with all the requirements imposed by Title

VI of the Civil Rights Act of 1964 (42 USC 2000d, et. seq), the Regulations of the Federal Department of

Transportation issued thereunder, and the assurance by the Contractor pursuant thereto.

Title VIII - Civil Rights Act of 1968: The Contractor will comply with all the requirements imposed by

Title VIII of the Civil Rights Act of 1968, (42 USC 3601, et seq.,) which among other things, prohibits discrimination in housing on the basis of race, color, national origin, creed, sex and age.

Americans with Disabilities Act of 1990 (ADA) (11.40)

The Contractor will comply with all the requirements imposed by the ADA (42 USC 12012. et. Seq.) the regulations of the federal government issued thereunder, and the assurance by the Contractor pursuant thereto.

Disadvantaged Business Enterprise (DBE) Policy and Obligation (10.31):

DBE Policy: It is the policy of the FDOT Grant that Disadvantaged Business Enterprises (DBE) as defined in 49 CFR Part 26, as amended, shall have the equal opportunity to participate in the performance of contracts financed in whole or in part with FDOT funds. The DBE requirements of 49 CFR

Part 26, as amended, apply to this contract.

DBE Obligation: The Contractor agrees to ensure that Disadvantaged Business Enterprises as defined in 49 CFR Part 26, as amended, have the equal opportunity to participate in the performance of this

v. 7.2024 11 contract. In this regard, the contractor shall take all necessary and reasonable steps in accordance with

49 CFR Part 26, as amended, to ensure that the Disadvantaged Business Enterprises have the maximum opportunity to compete for and perform this contract. The contractor and their subcontractors shall not discriminate on the basis of race, color, national origin or sex in the award and performance of this contract.

The contractor shall not discriminate on the basis of race color national origin or sex in the award and performance of any DOT assisted contract or in the administration of its DBE program or the requirements of 49 CFR part 26 The contractor shall take all necessary and reasonable steps under 49

CFR part 26 to ensure nondiscrimination in the award and administration of DOT assisted contracts The airport’s DBE program goal as required by 49 CFR part 26 and as approved by DOT is incorporated by reference in this agreement. Implementation of this program is a legal obligation and failure to carry out its terms shall be treated as a violation of this contract. Upon notification to the contractor of its failure to carry out its approved program the City may impose sanctions as provided for under part 26 and may in appropriate cases refer the matter for enforcement under 18USC1001 and/or the Program Fraud Civil

Remedies Act of 1986 (31USC3801 et seq.)

Restrictions on Lobbying (19.00)

Federal: The Contractor agrees that no federal appropriated funds have been paid or will be paid by or on behalf of the Contractor, to any person for influencing or attempting to influence any officer or employee of any federal agency, a Member of Congress, an officer or employee of Congress, or an employee of a

Member of Congress in connection with the awarding of any federal contract, the making of any federal grant, the making of any federal loan, the entering into of any cooperative agreement, and the extension, continuation, renewal, amendment or modification of any federal contract, grant, loan or cooperative agreement.

If any funds other than federal appropriated funds have been paid by the Contractor to any person for influencing or attempting to influence an officer or employee of any federal agency, a Member of

Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with this Joint Participation Agreement, the undersigned shall prepare and submit FDOT Standard Form-

LLL, "Disclosure Form to Report Lobbying," in accordance with its instructions.

The Contractor shall require that the language of this section be included in the award documents for all sub-awards at all tiers (including subcontracts) and that all sub- recipients shall certify and disclose accordingly.

State: No funds received pursuant to this contract may be expended for lobbying the Legislature or a state agency.

Access to Records (8.12)

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Contractor shall to allow public access to all documents, papers, letters, or other material subject to the provisions of Chapter 119, F.S. and made or received in conjunction with this Agreement.

Environmental Regulation (12.10)

By submitting this bid and executing this contract, The Contractor certifies that the project will be carried out in conformance with all applicable environmental regulations including the securing of any applicable permits. The Contractor will be solely responsible for any liability in the event of non-compliance with applicable environmental regulations, including the securing of any applicable permits, and will reimburse the Owner (Airport) for any loss incurred in connection therewith.

Public Entity Crime (21.00)

A person or affiliate who has been placed on the convicted vendor list following a conviction for a public entity crime may not submit a bid on a contract to provide any goods or services to a public entity, may not submit a bid on a contract with a public entity for the construction or repair of a public building or public work, may not submit bids on leases of real property to a public entity, may not be awarded or perform work as a contractor, supplier, subcontractor, or consultant under a contract with any public entity, and may not transact business with any public entity n excess of the threshold amount provided in

s. 287.017, F.S. for CATEGORY TWO for a period of 36 months from the date of being placed on the convicted vendor list.

Discrimination (22.00)

An entity or affiliate who has been placed on the discriminatory vendor list may not submit a bid on a contract to provide any goods or services to a public entity, may not submit a bid on a contract with a public entity for the construction or repair of a public building or public work, may not submit bids on leases of real property to a public entity, may not be awarded or perform work as a contractor, supplier, subcontractor, or consultant under a contract with any public entity, and may not transact business with any public entity. http://www.dms.myflorida.com/

Indemnification (12.90)

To the extent provided by law, the Contractor shall indemnify, defend, and hold harmless the FDOT and the City and all of its officers, agents, and employees from any claim, loss, damage, cost, charge, or expense arising out of any act, error, omission, or negligent act by the Contractor, its agents, or employees, during the performance of the Agreement, except that neither the Contractor, its agents, or its employees will be liable under this paragraph for any claim, loss, damage, cost, charge, or expense arising out of any act, error, omission, or negligent act by the FDOT or the City or any of its officers, agents, or employees during the performance of the Agreement http://www.dms.myflorida.com/

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E-Verify (23.00)

The contractor shall utilize the U.S. Department of Homeland Security’s E-Verify system to verify the employment eligibility of all new employees hired by the Vendor/Contractor during the term of the contract; and shall expressly require any subcontractors performing work or providing services pursuant to this contract to likewise utilize the U.S. Department of Homeland Security’s E-Verify system to verify the employment eligibility of all new employees hired by the subcontractor during the contract term

Item C-100 Contractor Quality Control Program (CQCP)

A. General. Quality is more than test results. Quality is the combination of proper materials, testing, workmanship, equipment, inspection, and documentation of the project. Establishing and maintaining a culture of quality is key to achieving a quality project. The Contractor shall establish, provide, and maintain an effective Contractor Quality Control Program (CQCP) that details the methods and procedures that will be taken to assure that all materials and completed construction required by this contract conform to contract plans, technical specifications and other requirements, whether manufactured by the Contractor, or procured from subcontractors or vendors. Although guidelines are established and certain minimum requirements are specified here and elsewhere in the contract technical specifications, the Contractor shall assume full responsibility for accomplishing the stated purpose.

The Contractor shall establish a CQCP that will:

1. Provide qualified personnel to develop and implement the CQCP.

2. Provide for the production of acceptable quality materials.

3. Provide sufficient information to assure that the specification requirements can be met.

4. Document the CQCP process.

The Contractor shall not begin any construction or production of materials to be incorporated into the completed work until the CQCP has been reviewed and approved by the Resident Project Representative

(RPR). The RPR shall evaluate all elements of the CQCP, including but not limited to, staff resumes to assess qualifications to perform proposed function, Contractor lab, Contractor equipment material sources/quality, testing plan, etc. No partial payment will be made for materials subject to specific quality control (QC) requirements until the CQCP has been reviewed and approved.

The QC requirements contained in this section and elsewhere in the contract technical specifications are in addition to and separate from the quality assurance (QA) testing requirements. QA testing requirements are the responsibility of the RPR or Contractor as specified in the specifications.

A Quality Control (QC)/Quality Assurance (QA) workshop with the Engineer, Resident Project

Representative (RPR), Contractor, subcontractors, testing laboratories, and Owner’s representative must be held prior to start of construction. The QC/QA workshop will be facilitated by the Contractor. The

Contractor shall coordinate with the Airport and the RPR on time and location of the QC/QA workshop.

Items to be addressed, at a minimum, will include:

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A. Review of the CQCP including submittals, QC Testing, Action & Suspension Limits for

Production, Corrective Action Plans, Distribution of QC reports, and Control Charts.

B. Discussion of the QA program.

C. Discussion of the QC and QA Organization and authority including coordination and information exchange between QC and QA.

D. Establish regular meetings to discuss control of materials, methods and testing.

E. Establishment of the overall QC culture.

100-2 Description of program.

A. General description. The Contractor shall establish a CQCP to perform QC inspection and testing of all items of work required by the technical specifications, including those performed by subcontractors. The CQCP shall ensure conformance to applicable specifications and plans with respect to materials, off- site fabrication, workmanship, construction, finish, and functional performance. The CQCP shall be effective for control of all construction work performed under this Contract and shall specifically include surveillance and tests required by the technical specifications, in addition to other requirements of this section and any other activities deemed necessary by the Contractor to establish an effective level of QC.

B. Contractor Quality Control Program (CQCP). The Contractor shall describe the CQCP in a written document that shall be reviewed and approved by the RPR prior to the start of any production, construction, or off-site fabrication. The written CQCP shall be submitted to the RPR for review and approval at least 10 calendar days before the CQCP Workshop. The Contractor’s

CQCP and QC testing laboratory must be approved in writing by the RPR prior to the Notice to

Proceed (NTP).

The CQCP shall be organized to address, as a minimum, the following:

A. QC organization and resumes of key staff

B. Project progress schedule

C. Submittals schedule

D. Inspection requirements

E. QC testing plan

F. Documentation of QC activities and distribution of QC reports Requirements for corrective action when QC and/or QA acceptance criteria are not met

G. Material quality and construction means and methods. Address all elements applicable to the project that affect the quality of the pavement structure including subgrade, subbase, base, and surface course. Some elements that must be addressed include, but is not limited to mix design, aggregate grading, stockpile management, mixing and transporting, placing and finishing, quality control testing and inspection, smoothness, laydown plan, equipment, and temperature management plan.

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The Contractor must add any additional elements to the CQCP that is necessary to adequately control all production and/or construction processes required by this contract.

100-3 CQCP organization. The CQCP shall be implemented by the establishment of a QC organization.

An organizational chart shall be developed to show all QC personnel, their authority, and how these personnel integrate with other management/production and construction functions and personnel.

The organizational chart shall identify all QC staff by name and function, and shall indicate the total staff required to implement all elements of the CQCP, including inspection and testing for each item of work. If necessary, different technicians can be used for specific inspection and testing functions for different items of work. If an outside organization or independent testing laboratory is used for implementation of all or part of the CQCP, the personnel assigned shall be subject to the qualification requirements of paragraphs 100-03a and 100-03b. The organizational chart shall indicate which personnel are Contractor employees and which are provided by an outside organization.

The QC organization shall, as a minimum, consist of the following personnel:

a. Program Administrator. The Contractor Quality Control Program Administrator (CQCPA) must be a full-time on-site employee of the Contractor, or a consultant engaged by the Contractor. The CQCPA must have a minimum of five (5) years of experience in QC pavement construction with prior QC experience on a project of comparable size and scope as the contract.

Included in the five (5) years of paving/QC experience, the CQCPA must meet at least one of the following requirements:

1. Professional Engineer with one (1) year of airport paving experience.

2. Engineer-in-training with two (2) years of airport paving experience.

3. National Institute for Certification in Engineering Technologies (NICET) Civil Engineering

Technology Level IV with three (3) years of airport paving experience.

4. An individual with four (4) years of airport paving experience, with a Bachelor of Science

Degree in Civil Engineering, Civil Engineering Technology or Construction.

The CQCPA must have full authority to institute any and all actions necessary for the successful implementation of the CQCP to ensure compliance with the contract plans and technical specifications.

The CQCPA authority must include the ability to immediately stop production until materials and/or processes are in compliance with contract specifications. The CQCPA must report directly to a principal officer of the construction firm. The CQCPA may supervise the Quality Control Program on more than one project provided that person can be at the job site within two (2) hours after being notified of a problem.

b. QC technicians. A sufficient number of QC technicians necessary to adequately implement the CQCP must be provided. These personnel must be either Engineers, engineering technicians, or experienced craftsman with qualifications in the appropriate field equivalent to NICET Level II in Civil Engineering

Technology or higher, and shall have a minimum of two (2) years of experience in their area of expertise.

The QC technicians must report directly to the CQCPA and shall perform the following functions:

1. Inspection of all materials, construction, plant, and equipment for conformance to the technical specifications, and as required by paragraph 100-6.

2. Performance of all QC tests as required by the technical specifications and paragraph100-8.

3. Performance of tests for the RPR when required by the technical specifications.

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Certification at an equivalent level of qualification and experience by a state or nationally recognized organization will be acceptable in lieu of NICET certification.

c. Staffing levels. The Contractor shall provide sufficient qualified QC personnel to monitor each work activity at all times. Where material is being produced in a plant for incorporation into the work, separate plant and field technicians shall be provided at each plant and field placement location. The scheduling and coordinating of all inspection and testing must match the type and pace of work activity. The CQCP shall state where different technicians will be required for different work elements.

100-4 Project progress schedule. Critical QC activities must be shown on the project schedule as required by Section 80, paragraph 80-03, Execution and Progress.

100-5 Submittals schedule. The Contractor shall submit a detailed listing of all submittals (for example, mix designs, material certifications) and shop drawings required by the technical specifications. The listing can be developed in a spreadsheet format and shall include as a minimum:

A. Specification item number

B. Item description

C. Description of submittal

D. Specification paragraph requiring submittal

E. Scheduled date of submittal

100-6 Inspection requirements. QC inspection functions shall be organized to provide inspections for all definable features of work, as detailed below. All inspections shall be documented by the Contractor as specified by paragraph 100-9.

Inspections shall be performed as needed to ensure continuing compliance with contract requirements until completion of the particular feature of work. Inspections shall include the following minimum requirements:

A. During plant operation for material production, QC test results and periodic inspections shall be used to ensure the quality of aggregates and other mix components, and to adjust and control mix proportioning to meet the approved mix design and other requirements of the technical specifications. All equipment used in proportioning and mixing shall be inspected to ensure its proper operating condition. The CQCP shall detail how these and other QC functions will be accomplished and used.

B. During field operations, QC test results and periodic inspections shall be used to ensure the quality of all materials and workmanship. All equipment used in placing, finishing, and compacting shall be inspected to ensure its proper operating condition and to ensure that all such operations are in conformance to the technical specifications and are within the plan dimensions, lines,…