itb-26051-AirfieldStormwaterImprovements_ProjectManual.pdf

PROJECT MANUAL:

VOLUME I – PROCUREMENT AND CONTRACT

REQUIREMENTS, FAA GENERAL PROVISIONS, AND

SPECIAL AND FEDERAL CONTRACT PROVISIONS

AIRFIELD STORMWATER

IMPROVEMENTS

City of Pensacola Bid No. 26-051

PREPARED FOR:

APRIL 2026

ISSUED FOR BID

PAGE INTENTIONALLY BLANK

PENSACOLA INTERNATIONAL AIRPORT

AIRFIELD STORMWATER IMPROVEMENTS TABLE OF CONTENTS

TOC-1

TABLE OF CONTENTS

TITLE INDEX OF PAGES

Table of Contents .......................................................................................................................... TOC-1-2

Bid Information

Invitation to Bid .................................................................................................................................... INV-1 Instructions to Bidders........................................................................................................... ITB-1

Proposal Information

Proposal Form ......................................................................................................................................PF-1 Proposal Affidavit .................................................................................................................. PF-5 Proposal Bond ...................................................................................................................... PF-7 Surety's Bond Affidavit .......................................................................................................... PF-9 EEO Report Statement ....................................................................................................... PF-11 Certification of Nonsegregated Facilities ............................................................................. PF-13 Sworn Statement on Public Entity Crimes ........................................................................... PF-15 Non-Collusion Affidavit........................................................................................................ PF-19 Drug Free Workplace Certificate ......................................................................................... PF-21 List of Anticipated Subcontractors ...................................................................................... PF-23 Statement of Bidder’s Qualifications.................................................................................... PF-25

Disadvantaged Business Enterprises (DBE) Plan .............................................................. DBE-1 DBE Subcontractor Solicitation .......................................................................................... DBE-3

DBE Intent to Perform as a Subcontractor ......................................................................... DBE-5 DBE Utilization ................................................................................................................... DBE-7 DBE Letter of Intent ........................................................................................................... DBE-9 DBE Exhibit A ................................................................................................................. DBE-11

Insurance Requirements for the Project ...............................................................................INS-1

Bid Schedule........................................................................................................................... BS-1

Contract Forms

Sample Agreement ............................................................................................................................. CF-1 Performance Bond ................................................................................................................ CF-7 Payment Bond ...................................................................................................................... CF-9 Notice of Award .................................................................................................................. CF-11 Notice to Proceed .............................................................................................................. CF-13

Final Release of Claims ..................................................................................................... CF-15

Federal Contract Provisions

Federal Contract Provisions ............................................................................................................ FCP-1 (Including Affirmative Action Requirement, Buy American Preference, Davis-Bacon Requirements, etc.)

AIRFIELD STORMWATER IMPROVEMENTS TABLE OF CONTENTS

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FAA General Provisions

Section 10 - Definition of Terms ........................................................................................................ GP-1 Section 20 - Proposal Requirements and Conditions ........................................................... GP-7 Section 30 - Award and Execution of Contract ................................................................... GP-11 Section 40 - Scope of Work................................................................................................ GP-13 Section 50 - Control of Work .............................................................................................. GP-17 Section 60 - Control of Materials ........................................................................................ GP-25

Section 70 - Legal Relations and Responsibility to Public .................................................. GP-29 Section 80 - Execution and Progress ................................................................................ GP-37 Section 90 - Measurement and Payment ........................................................................... GP-45

Special Provisions

Section 10 - General Information ...................................................................................................... SP-1 Section 20 - Insurance Requirements ................................................................................... SP-5 Section 30 – Project Coordination ......................................................................................... SP-9 Section 40 – Project Meetings............................................................................................. SP-13 Section 50 – Submittal Requirements ................................................................................. SP-15 Section 60 – Project Closeout ............................................................................................. SP-21 Section 70 – Project Record Documents............................................................................. SP-25

Technical Specifications (See Volume II)

See Technical Specifications Table of Contents

Appendices (See Volume II)

A. Construction Safety and Phasing Plan (CSPP)

B. Safety and Phasing Plan Checklist

C. Construction Project Daily Safety Inspection Checklist

AIRFIELD STORMWATER IMPROVEMENTS

BID INFORMATION

INVITATION TO BID

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THE CITY OF PENSACOLA, FLORIDA

BID NO. 26-051

AT PENSACOLA INTERNATIONAL AIRPORT

A sealed, complete hardcopy bid with original (or electronic) signature, and one (1) complete and identical electronic copy (PDF) on flash drive or CD will be received on August 20, 2026, 2:30 P.M., Central time, at the following location.

City Hall (lobby) 222 West Main Street

Pensacola, Florida, 32502 Attention: Purchasing

The OUTER PACKAGING of the sealed submittal shall identify the respondent, and the solicitation title and number (whether hand-delivered, mailed, or via UPS/FedEx or other courier service). Submittals received after the deadline will not be accepted.

Multiple submittals from the same entity will not be accepted.

Alternatively, electronic responses may be submitted to Open Bids (FKA) Demandstar or Central Bidding. Both sites require registration and varying fees for notifications and document downloads.

NOTE: If submitting an electronic response and IF a bid/proposal bond is required:

• An insurance company’s executed bond may be included with the electronic submittal.

OR

• A certified check/cashier's check must be delivered to the address above.

Those submittals received will be opened and publicly read the following business day (August 21, 2026, 10:00 A.M., Central time) via Microsoft Teams at the following link*:

Microsoft Teams bid opening link.

In order to review all contractual requirements associated with this project, an OPTIONAL pre-bid conference will be held August 4, 2026, 10:00 A.M. at the Pensacola International Airport Public Conference Room 224, and via Microsoft Teams at the following link: Pre-Bid Conference Microsoft Teams link. An optional site tour follows.

Specifications will be posted to the City’s website at www.cityofpensacola.com/bids.aspx. Addenda will be posted to the City’s website.

Bidders are responsible for obtaining addenda and are advised to check the website frequently.

Bidders shall submit a certified check, cashier’s check, or insurance company’s executed bond, payable to the City of Pensacola in the amount of five percent (5%) of https://www.demandstar.com/app/buyers/dashboard https://www.centralauctionhouse.com/rfpc10737-city-of-pensacola.html https://teams.microsoft.com/l/meetup-join/19%3ameeting_ZDEwOTljODEtYjA0Yy00OTFlLTg4NTctZjgxZGVkNDJlMzlh%40thread.v2/0?context=%7b%22Tid%22%3a%222c65e340-c270-42f3-85c0-f94ce72e1e36%22%2c%22Oid%22%3a%22ee43ac82-7f3f-4ee7-9087-c5d0dc949018%22%7d https://teams.microsoft.com/meet/28136134834352?p=gGi4CD4T4RnbuH2xRB http://www.cityofpensacola.com/bids.aspx

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the base bid for a period of sixty (60) days.

Any questions concerning the bid should include the Subject Line: BID 26-049 - RFI, and should be addressed and submitted in writing no later than 10:00 A.M., Central time, July 15, 2026, to:

Dedria Lunderman, Purchasing Manager City of Pensacola 222 W. Main Street

Pensacola, FL 32502 purchasing@cityofpensacola.com

A bid tabulation or a Notice of Intent to Award will be posted to the City’s website at www.cityofpensacola.com/bids.aspx. Bidders are advised to check the website frequently.

The City of Pensacola adheres to the Americans with Disabilities Act and will make reasonable accommodations for access to City services, programs, and activities.

Please email ADACoordinator@cityofpensacola.com or call (850) 436-5600. Requests must be made at least 48 hours in advance of the event in order to allow the City time to provide the requested services.

The City of Pensacola reserves the right to accept or reject any or all bids, to award bids on a split-order basis by item number when applicable, to waive any bid informalities and to re-advertise for bids when deemed in the best interest of the City of Pensacola.

Attest: CITY OF PENSACOLA Ericka L. Burnett D. C. Reeves City Clerk Mayor

The City of Pensacola provides equal access in employment and public services.

*Participation in a Microsoft Teams meeting requires a microphone and speakers; however, webcams are optional. Participants may join the meeting either via a PC or Smartphone. Please be sure to check the system requirements at the following link: Microsoft Teams System Requirements Check.)

SECURITY NOTICE

Visitors to City Hall are required to stay in the lobby unless otherwise directed.

Late submittals will not be accepted.

mailto:purchasing@cityofpensacola.com http://www.cityofpensacola.com/bids.aspx mailto:ADACoordinator@cityofpensacola.comcor https://docs.microsoft.com/en-us/microsoftteams/hardware-requirements-for-the-teams-app https://docs.microsoft.com/en-us/microsoftteams/hardware-requirements-for-the-teams-app

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GENERAL CONDITIONS

To ensure acceptance, all Bidders submitting bids to the City of Pensacola shall be governed by the following conditions, attached specifications, and bid form(s) unless otherwise specified. Bids not submitted on the bid form(s) provided shall be rejected, and bids not complying with these conditions will be subject to rejection.

Multiple submittals from the same entity will not be accepted.

1. Approved Equivalents or Equals: Any manufacturer's names, trade names, brand names, model numbers, etc. listed in the specifications are for information only and not intended to limit competition. The Bidder may offer any brand for which he is an authorized representative, which meets or exceeds the specifications as written. If the bid is based on an "approved equivalent or equal" item(s) or service(s), supportive information in the form of the manufacturer's printed literature or brochures, sketches, diagrams, and/or complete specifications must accompany the bid. The bidder must explain in detail the reasons why the proposed equivalent or equal will meet specifications and not be considered an exception thereto. The City of Pensacola reserves the right to determine acceptance of proposed equivalent or equal item(s) or service(s).

2. Award of Bids: Recommendations for award of bids are made to the Mayor or

City Council based on the lowest and best responsible bidder meeting all conditions and requirements of the specifications.

3. Bid Bond: The particular item(s) or service(s) outlined within the attached specifications require(s) that a certified check, cashier's check, or insurance company’s executed bond made payable to the City of Pensacola must accompany your proposal as indicated on the Invitation page. To ensure its prompt return, please include the company's name and return address on the face of your good faith check or draft. Checks or drafts accepted as good faith deposits will be retained within the City's Finance Department until award and execution of contract is complete, or until a purchase order is issued to the successful proposer. Any proposer withdrawing his proposal after the proposal opening forfeits the right of return of his good faith deposit.

4. Bid Withdrawal: No bid may be withdrawn after closing time for receipt of bids for a period of sixty (60) days thereafter. The contract award shall be legally binding at the time of award by Mayor or City Council.

5. Delivery: Bid quotations shall include all freight costs to Pensacola, Florida to a point(s) specified herein or specified at the time the purchase order is placed. No title to the item(s) or service(s) ordered nor any risk of loss shall be passed to the City of Pensacola until after receipt of delivery has been acknowledged by an authorized representative of the City of Pensacola.

6. Discounts: Terms offering a discount for prompt payment will be considered in determining the low bid. The discount period shall begin whenever (1) the conditions of the specifications have been fully met and the product or service

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judged acceptable to the City of Pensacola or (2) a correct invoice and other required documents have been received, whichever is later. Discounts offered for a period of less than thirty (30) days will not be considered in determining low bid.

7. E-Verify System (Mandatory): In compliance with the provisions of F.S.

448.095, the parties to this contract and any subcontractors engaged in the performance of this contract hereby certify that they have registered with and shall use the E-Verify system of the United States Department of Homeland Security to verify the work authorization status of all newly hired employees, within the meaning of the statute.

8. Exceptions to Specifications: During the drafting of written specifications, a sincere effort is made to describe products and services best suited to the needs of the City; however, in order that consideration be given in evaluating bids, any exceptions to or deviations from the specifications as written must be noted and fully explained. The Mayor is the final authority in determining the acceptability of any exceptions to specifications.

9. Governing Law: The laws of the State of Florida shall be the laws applied in the resolution of any action, claim or other proceeding arising out of this contract.

10. Identical Tie Bids: In the event that two or more bids are identical in price, preference shall be given to business with Drug-Free Workplace Programs. A Drug-Free Workplace Certificate is enclosed.

11. Intent of Specifications: It is the intent of the specifications attached hereto to set forth and describe a certain item(s) or service(s) to be purchased by the City of Pensacola including all materials, equipment, machinery, tools, apparatus, and means of transportation (including freight costs) necessary to provide the item(s) or service(s).

12. Interpretations: All questions concerning the specifications or conditions shall be directed in writing to the Purchasing Office at least ten (10) days prior to submittal deadline, unless otherwise instructed on the Invitation to Bid Page.

Inquiries must reference the bid item(s) or service(s) and the date of the bid submittal deadline. Interpretations will be made in the form of an addendum placed on the City’s website. The City shall not be responsible for any other explanation or interpretation.

13. Legal Requirements: All applicable provisions of Federal, State, County, and local laws including all ordinances, rules, and regulations shall govern the development, submittal and evaluation of all bids received in response to these specifications, and shall govern any and all claims between person(s) submitting a bid response hereto and the City of Pensacola, by and through its officers, employees and authorized representatives. A lack of knowledge by the bidder concerning any of the aforementioned shall not constitute a cognizable defense against the legal effect thereof. The Bidder agrees that it will not discriminate on

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the basis of race, creed, color, national origin, sex, age or disability.

14. Licenses, Registration and Certificates: Each bidder shall possess at the time of submitting its bid all licenses, registration and certificates necessary to engage in the business of contracting (or special contracting if the work to be performed necessitates a particular type of specialty contractor) in the City of Pensacola.

Bidder must also possess all licenses, registrations and certificates necessary to comply with federal, state and local laws and regulations. The awarded bidder shall be registered at the time of contract execution as an active vendor with the Florida Department of State, Division of Corporations (www.sunbiz.org).

15. Mistakes: Bidders are expected to examine the conditions, scope of work, proposal prices, extensions, and all instructions pertaining to the item(s) or service(s) involved. Failure to do so will be at the bidder’s risk. Unit prices bid will govern in award.

16. Payment of Invoices: The City of Pensacola issues checks for payment of invoices on the 10th of each month. The signed receiving copy of the purchase order and a correct invoice must have been received by Accounts Payable Activity prior to the 4th of the month. Item(s) or service(s)s received on or after the 4th will be processed in the following month. All invoices are payable by the City under the terms of Florida Prompt Payment Act, Florida Statute §218.70. All purchases are subject to availability of funds in the City’s budget.

17. Permits and Taxes: The bidder shall procure all permits, pay all charges, fees, and taxes, and give all notices necessary and incidental to the due and lawful prosecution of the work. Bidders who use public roads of the City of Pensacola, Florida for transport of goods of any kind which said goods were transported from a point without the City of Pensacola, Florida to a point within the City of Pensacola shall obtain a “Use of Streets” permit for a fee not in excess of the license paid for by local licensees engaged in the same business.

18. Pre-Bid Meetings: If a bid requires a mandatory pre-bid meeting, any representative of a firm wishing to submit a bid must sign in with the name of the bidding firm.

19. Prohibited Conduct by Bidders: Upon the publication of any solicitation for sealed bids, requests for proposals, requests for qualifications, or other solicitation of interest or invitation to negotiate by any authorized representative of the City of Pensacola, any party interested in submitting a bid, proposal, or other response reflecting an interest in participating in the purchasing or contracting process shall be prohibited from engaging in any communication pertaining to formal solicitations with the Mayor, any member of Pensacola City Council or any member of a selection/evaluation committee for RFPs/RFQs, whether directly or indirectly or through any representative or agent, whether in person, by mail, by facsimile, by telephone, by electronic communications device, or by any other means of communication, until such time as the City has completed all action with respect to the solicitation.

http://www.sunbiz.org/

INV-6

20. Protests: Protests of the plans, specifications, and other requirements of bids and requests for proposals must be received in writing by the Purchasing Office at least ten (10) business days prior to the scheduled bid submittal deadline. A detailed explanation of the reason for the protest must be included. Protests of the intended award of bid or contract must be in writing and received in the Purchasing Office within five (5) business days of the notice of intent to award. A detailed explanation of the protest must be included.

21. Public Entity Crimes: By submitting a proposal each proposer is confirming that the company has not been placed on the convicted vendors list as described in Florida Statute §287.133 (2) (a).

22. Public Records: Any material submitted in response to this Invitation to Bid will become a public document pursuant to Florida Statute §119.07. This includes material which the responding bidder might consider to be confidential or a trade secret. Any claim of confidentiality is waived upon submission, effective after opening the bid pursuant to Florida Statute §119.07.

23. Public Records Law: The Parties shall each comply with Florida Public Records laws. The Parties hereby contractually agree that each Party shall allow public access to all documents, papers, letters, or other public records as defined in Chapter 119, Florida Statutes, made or received by either Party in conjunction with this agreement, or related thereto, unless a statutory exemption from disclosure exists. Notwithstanding any provision to the contrary, it is expressly agreed that Contractor’s failure to comply with this provision, within seven (7) days of notice from the City, shall constitute an immediate and material breach of contract for which the City may, in the City’s sole discretion, unilaterally terminate this agreement without prejudice to any right or remedy.

24. Rejection of Bids: The City of Pensacola reserves the right to accept or reject any or all bids, to award bids on a split-order basis by item or service number, to waive any minor bid irregularities, technicalities, or informalities, and to re-advertise for bids when deemed in the best interest of the City of Pensacola.

25. Sealed Response: All executed City forms must be submitted. All responses must be signed by an authorized representative of the proposer.

A. Hardcopy response: In the event more than one submittal deadline is scheduled for the same date and time, do not include responses concerning different sets of specifications within the same envelope. The face of the sealed envelope shall be plainly marked identifying the responder, the bid/RFP/RFQ title and number. It shall be the sole responsibility of the respondent to assure receipt of the submittal at the Purchasing Office prior to the published time for the submittal deadline.

B. Electronic response: Respondent may submit an electronic submittal to the sites mentioned on page 1. Offers by telephone, fax, or email will NOT BE

ACCEPTED.

INV-7

ANY AND ALL SPECIAL CONDITIONS AND SPECIFICATIONS ATTACHED HERETO

WHICH VARY FROM THESE GENERAL CONDITIONS SHALL HAVE PRECEDENCE.

26. Tax: The City of Pensacola is exempt from all State and local sales tax.

27. Termination for Convenience: A contract may be terminated in whole or in part by the City at any time and for any reason in accordance with this clause whenever the City shall determine that such termination is in the best interest of the City. Any such termination shall be effected by the delivery to the contractor at least thirty (30) business days before the effective date of a Notice of Termination specifying the extent to which performance shall be terminated and the date upon which termination becomes effective. An equitable adjustment in the contract price shall be made for the completed service, but no amount shall be allowed for anticipated profit on unperformed services.

28. Unauthorized Aliens: The City of Pensacola shall consider the employment by any contracted vendor of unauthorized aliens a violation of Section 274A of the Immigration and Nationality Act. Such violation shall be cause for unilateral termination of this contract.

29. Venue: Venue for any claim, action or proceeding arising out of this contract shall be Escambia County, Florida.

INSURANCE AND INDEMNIFICATION

GENERAL

Before starting and until termination of work for, or on behalf of the City, the Contractor shall procure and maintain insurance of the types and to the limits specified.

The term CITY as used in this section of the Contract is defined to mean the City itself, any subsidiaries or affiliates, elected and appointed officials, employees, volunteers, representatives and agents.

The term FDOT as used in this section of the contract is defined to mean the State of Florida Department of Transportation, including the Department’s officers and employees.

With regard to the Contractor’s obligation for products and completed operations, the Contractor shall be responsible for providing and maintaining insurance and contractual agreements for a minimum period of at least three (3) years subsequent to the City’s acceptance of the Product or Completed Operation.

Insurance shall be issued by an insurer whose business reputation; financial stability and claims payment reputation is satisfactory to the City, Unless otherwise agreed, the amounts, form and type of insurance shall conform to the following minimum requirements:

INV-8

WORKER'S COMPENSATION

The Contractor shall purchase and maintain Worker's Compensation Insurance Coverage for all Workers' Compensation obligations whether legally required or not.

Additionally, the policy, or separately obtained policy, must include Employers Liability Coverage of at least $100,000 each person -accident, $100,000 each person - disease, $500,000 aggregate - disease.

COMMERCIAL GENERAL, AUTOMOBILE, POLLUTION AND UMBRELLA

LIABILITY COVERAGES

The Contractor shall purchase coverage on forms no more restrictive than the latest editions of the Commercial General Liability and Business Auto policies filed by the Insurance Services Office. The CITY and FDOT shall be an Additional Insured on all coverages except workers’ compensation and such coverage shall be at least as broad as that provided to the Named Insured under the policy for the terms and conditions of this Contract. The CITY and FDOT shall not be considered liable for premium payment, entitled to any premium return or dividend and shall not be considered a member of any mutual or reciprocal company. Minimum limits of $1,000,000 per occurrence and $5,000,000 aggregate, and per accident, combined single limit for liability must be provided, with umbrella insurance coverage making up any difference between the policy limits of underlying policies coverage and the total amount of coverage required. If the required limits of liability afforded should become impaired by reason of any claim, then the Contractor agrees to have such limits of $1,000,000 per occurrence and $5,000,000 aggregate, reinstated under the policy.

Commercial General Liability coverage must be provided, including bodily injury and property damage liability for premises, operations, products and completed operations, contractual liability, damage from collapse and underground exposures (c, u), and independent contractors. The coverage shall be written on occurrence-type basis.

Business Auto Policy coverage must be provided, including bodily injury and property damage arising out of operation, maintenance or use of owned, non-owned and hired automobiles and employee non-ownership use.

Contractor’s Pollution Liability coverage for bodily injury, property damage, fines, penalties, defense, and clean up must be included. Coverage must include both sudden/accidental and non-sudden/gradual.

Umbrella Liability Insurance coverage shall not be more restrictive than the underlying insurance policy coverages. The coverage shall be written on an occurrence-type basis.

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CERTIFICATES OF INSURANCE

Required insurance shall be documented in the Certificates of Insurance that provide that the CITY and FDOT shall be notified at least thirty (30) days in advance of cancellation, nonrenewal or adverse change or restriction in coverage. The CITY and FDOT shall be named on each Certificate as an Additional Insured and this contract shall be listed. If required by the CITY, the Contractor shall furnish copies of the Contractor's insurance policies, forms, endorsements, jackets and other items forming a part of, or relating to such policies. Certificates shall be on the "Certificate of Insurance" form equal to, as determined by the CITY an ACORD 25. Any wording in a Certificate which would make notification of cancellation, adverse change or restriction in coverage to the CITY an option shall be deleted or crossed out by the insurance carrier or the insurance carrier's agent or employee. The Contractor shall replace any canceled, adversely changed, restricted or non-renewed policies with new policies acceptable to the CITY shall file with the CITY and FDOT Certificates of Insurance under the new policies prior to the effective date of such cancellation, adverse change or restriction. If any policy is not timely replaced, in a manner acceptable to the CITY, the Contractor shall, upon instructions of the CITY, cease all operations under the Contract until directed by the C I TY , in writing, to resume operations. The "Certificate Holder" address should read: City of Pensacola, Department of Risk Management, Post Office Box 12910, Pensacola, FL 32521.

A separate certificate of insurance with “Certificate Holder” address should read: Florida Department of Transportation, Office of Comptroller, MS 24, 605 Suwannee Street, Tallahassee, FL 32399-0405.

INSURANCE OF THE CONTRACTOR PRIMARY

The Contractor required coverage shall be considered primary, and all other insurance shall be considered as excess, over and above the Contractor's coverage. The Contractor's policies of coverage will be considered primary as relates to all provisions of the contract.

LOSS CONTROL AND SAFETY

The Contractor shall retain control over its employees, agents, servants and subcontractors, as well as control over its invitees, and its activities on and about the subject premises and the manner in which such activities shall be undertaken and to that end, the Contractor shall not be deemed to be an agent of the CITY and FDOT.

Precaution shall be exercised at all times by the Contractor for the protection of all persons, including employees, and property. The Contractor shall make special effort to detect hazards and shall take prompt action where loss control/safety measures should reasonably be expected.

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HOLD HARMLESS

To the extent provided by law, the Contractor shall indemnify, defend, and hold harmless the CITY and the State of Florida, Department of Transportation (FDOT), including CITY’s AND FDOT’s elected officials, officers, agents, and employees, against any actions, claims, or damages arising out of, relating to, or resulting from negligent or wrongful act(s) of the 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 the Contractor.

The foregoing indemnification shall not constitute a waiver of CITY’s sovereign immunity beyond the limits set forth in Florida Statutes, Section 768.28. Nor shall the same be construed to constitute agreement by the Contractor to indemnify the CITY for the negligent acts or omissions of the CITY, its elected officials, officers, agents, or employees. Nor shall the same be construed to constitute agreement by the Contractor to indemnify FDOT for the negligent acts or omissions of FDOT, its officers, agents, or employees. This indemnification shall survive the termination of this agreement.

PAY ON BEHALF OF THE CITY

The Contractor agrees to pay on behalf of the CITY and FDOT, as well as provide a legal defense for the CITY and FDOT, both of which will be done only if and when requested by the CITY or FDOT, for all claims as described in the Hold Harmless paragraph. Such payment on the behalf of the CITY and FDOT shall be in addition to any and all other legal remedies available to the CITY and FDOT and shall not be considered to be the CITY’s and FDOT 's exclusive remedy.

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INSTRUCTIONS TO BIDDERS

1. AWARD OF CONTRACT

A. The contract will be awarded as soon as practicable to the lowest responsible

Bidder, price and other factors considered, provided their bid is reasonable and it is to the interest of the City to accept it.

B. The City reserves the right to waive any informality in bids received when such waiver is in the interest of the City. In case of error in the extension of prices, the unit price will govern.

C. The City further reserves the right to accept or reject any or all items of any bid, unless the Bidder qualifies such bid by specific limitations; also to make an award to the Bidder whose aggregate bid on any combination of bid items is low.

2. BID OPENING

At the time fixed for the opening of bids, their contents will be made public for the information of Bidders and others properly interested.

3. BIDDERS INTERESTED IN MORE THAN ONE BID

If more than one bid is offered by any one party, by or in the name of their clerk, partner, or other person, all such bids will be rejected. A party who has quoted prices to a Bidder is not thereby disqualified from quoting prices to other Bidders or from submitting a bid directly for the work.

4. BIDDER'S QUALIFICATIONS

Before a bid is considered for award, the Bidder may be requested by the City to submit a statement of facts in detail as to his previous experience in performing similar or comparable work, and of his business and technical organization and financial resources and plants available to be used in performing the contemplated work. A minimum of 5 qualifying project references may be required from pervious or current project owners. These references shall be specific to the prime contractor’s experience; experience of the subcontractor cannot be substituted should the prime contractor fail to meet the requirements of this section. These references shall be from specific projects of similar size and scope. At least 3 of the 5 shall be from another government municipality, especially if the Bidder has not contracted with the City on projects of a same/similar nature within the previous five (5) years of the bid date. No references will be considered in which the Bidder worked under a different company name or in which the Bidder worked as a subcontractor to a prime contractor. The City reserves the express right to not award a contract to a Bidder if the provided references do not reveal that the contractor has ample/adequate experience beyond a reasonable doubt to complete the project according to the plans and specifications and within the time frame stipulated.

5. COMMENCEMENT & COMPLETION

The Bidder further proposes and agrees hereby to commence the work with an adequate force and equipment within (10) consecutive calendar days after being notified by the City of Pensacola to do so; and to complete the work and testing under

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the provisions of the contract date set by the City of Pensacola and to pay as delay day penalty the sum of $500 for each and every calendar day used for the completion of the work in excess of that heretofore stated.

6. DECLARATIONS

The Bidder hereby declares that the only person or persons interested in the Proposal as principal or principals is or are named herein and that no other person than herein mentioned has any interest in this Proposal or in the Contract to be entered into; that this Proposal is made without connection with any other person, company or parties making a bid or proposal; and that it is in all respect fair and in good faith without collusion or fraud.

The Bidder further declares that he has examined the site of the work and has informed himself fully in regard to all conditions pertaining to the place where the work is to be done; that he has examined the plans and specifications for the work and the contractual documents relative thereto, including the Advertisement, Proposal Form, Form of Contract, General Conditions, and all specific conditions;

and that he has satisfied himself relative to the work to be performed.

The Bidder proposes and agrees, if this Proposal is accepted, that it will not discriminate on the basis of race, creed, color, national origin, sex, age or disability and to contract with the City of Pensacola in the form of contract specified, to furnish all necessary materials, equipment, machinery, tools, apparatus, means of transportation, and labor necessary to complete the project.

7. LIEN RELEASE AND AFFIDAVIT

Each Application for Payment shall be accompanied by a Lien Release and Affidavit from each subcontractor and each supplier showing that all materials, labor, equipment and other bills associated with that portion of the work in which payment is being requested for have been paid in full. The City shall not be required to make payment until and unless these affidavits are furnished by the Contractor.

8. PENALTIES

The Bidder further agrees that in case of failure on his part to execute the said Contract and Bond within (10) calendar days after written notice being given of the award of the Contract, the check or bid bond accompanying this bid, and the monies payable thereon, shall be paid into the funds of the City of Pensacola as delay day penalties for such failure; otherwise, the check or bid bond accompanying the Proposal shall be returned to the undersigned.

9. PREPARATION OF BIDS

A. Bids shall be submitted on the forms furnished or copies thereof, and must be manually signed. If erasures or other changes appear on the forms, each such erasure or change must be initialed by the person signing the bid.

B. The form of bid will provide for quotation of a price, or prices, for one or more items which may be lump sum bids, alternate prices, scheduled items resulting in a bid on a unit of construction or a combination thereof. Where required on the bid form, Bidders must quote on all items and they are warned that failure to do so may disqualify the bid. When quotations on all items are not required, Bidders should

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insert the words “no bid” in the space provided for any item on which no quotation is made.

10. RECEIPT AND OPENING OF BIDS

A. No responsibility will attach to any City employee for the premature opening of, or the failure to open, a bid not properly addressed and identified.

11. REJECTION OF BIDS

The City reserves the right to reject any and all bids when such rejection is in the interest of the City; to reject the bid of a Bidder who has previously failed to perform properly or complete on time contracts of a similar nature; and to reject the bid of a Bidder who is not, in the opinion of the Engineer, in a position to perform the contract.

12. SPECIAL CONDITIONS

A. Public Entity Crimes - Any 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 in excess of the threshold amount provided in Section 287.017, for CATEGORY TWO for a period of 36 months from the date of being placed on the convicted vendor list.

B. All Bidders are advised that compliance with The Occupational Safety and Health Administration Excavation Safety Standards, 29 C.F.R.s 1926.650-652 of Sub part P will be required.

C. The Contractor agrees that it will not discriminate on the basis of race, creed, color, national origin, sex, age or disability.

D. Florida State Statute 93.240 under section 556.101 through 556.111 requires that all excavators notify gas companies of their intention to perform any excavation at least forty- eight (48) hours (excluding Saturday, Sundays and holidays) prior to beginning work. If excavating, digging, boring, tunneling, blasting or otherwise disturbing the earth in any manner where a buried gas line may be damaged is proposed, please call the toll free number 1-800-432-4770 between the hours of 6:30 a.m. and 4:00 p.m. CST Monday through Friday, forty-eight (48) hours before starting the proposed work, (weekends and holidays excluded).

Contractor shall notify all utility companies to locate and mark all utility facilities forty-eight (48) hours before starting any excavation.

E. The general contractor will submit a maintenance traffic plan which will satisfy the traffic conditions outlined in the general notes.

F. The general contractor shall post the construction site with "NO TRESPASSING" signs, to prevent amateur archaeologists from entering the site without authorization.

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BID NO. 26-051

SCOPE OF SERVICES

The proposed scope of work for this project, Airfield Stormwater Improvements, consists of installation of stormwater drainage concrete pipe and associated junction structures along Taxiway A and into the regional stormwater pond on the airport. The specific scope of the project includes the following:

▪ Removal of existing drainage structures

▪ Installation of new stormwater drainage concrete pipe and structures

▪ Regrading of infield areas and adjustment of impacted stormwater drainage

▪ Re-establishment of the asphalt driveway removed due to installation of new concrete pipe

▪ Miscellaneous grading, stripping, etc. as required by the project elements

▪ Construction will be performed in accordance with approved Construction

Phasing and Safety Plan (CSPP) in accordance with FAA AC 150/5370-2G

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PENSACOLA INTERNATIONAL AIRPORT BID INFORMATION

AIRFIELD STORMWATER IMPROVEMENTS INVITATION TO BID

PROPOSAL

BID NO 26-051

Base Bid

(Written Amount)

Bid Security in the proper form and in the amount of $ is submitted.

Dunns#: (Federal Transparency Act Reporting Requirement)

Survey: How did you obtain this solicitation?

City of Pensacola website Central Bidding OpenBids (FKA Demandstar)

Signature Date:

Printed Name: Title:

Company: Address:

Telephone: City:

Fax: State: Zip:

E-mail:

FAILURE TO INCLUDE THIS FORM IN SUBMITTAL MAY DISQUALIFY THE BID.

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APPENDIX A, 44 C.F.R. PART 18 – CERTIFICATION REGARDING LOBBYING

Certification for Contracts, Grants, Loans, and Cooperative Agreements

The undersigned certifies, to the best of his or her knowledge and belief, that:

1. No federal appropriated funds have been paid or will be paid, by or on behalf of the undersigned, to any person for influencing or attempting to influence an officer or employee of an 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.

2. If any funds other than federal appropriated funds have been paid or will be paid to any person for influencing or attempting to influence an officer or employee of any agency, a member of

Congress, an officer or employee of Congress, or an employee of a member of Congress in connection with this federal contract, grant, loan, or cooperative agreement, the undersigned shall complete and submit Standard Form-LLL, “Disclosure Form to Report Lobbying,” in accordance with its instructions.

3. The undersigned shall require that the language of this certification be included in the award documents for all subawards at all tiers (including subcontracts, subgrants, and contracts under grants, loans, and cooperative agreements) and that all subrecipients shall certify and disclose accordingly.

This certification is a material representation of fact upon which reliance was placed when this transaction was made or entered into. Submission of this certification is a prerequisite for making or entering into this transaction imposed by section 1352, title 31, U.S. Code. Any person who fails to file the required certification shall be subject to a civil penalty of not less than $10,000 and not more than

$100,000 for each such failure.

The Contractor, __________________________________, certifies or affirms the truthfulness and accuracy of each statement of its certification and disclosure, if any. In addition, the Contractor understands and agrees that the provisions of 31 U.S.C. Chap. 38, Administrative Remedies for False Claims and Statements, apply to this certification and disclosure, if any.

Signature of Contractor’s Authorized Official Date

Name and Title of Contractor’s Authorized Official

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Vendor Name:

Vendor FEIN: Phone Number:

Vendor's Authorized Representative Name and Title:

Address:

City: State: ZIP:

Email Address:

Under penalties of perjury, I declare that I have read the foregoing document and that the facts stated in it are true.

By:

AUTHORIZED SIGNATURE

Print Name and Title:

Date:

State of Florida

Affidavit Regarding the Use of Coercion for Labor and Services Pursuant to Florida Statute 787.06(13)

Section 787.06(13) Florida Statutes requires all nongovernmental entities executing, renewing, or extending a contract with a governmental entity to provide an affidavit signed by an officer or representative of the nongovernmental entity under penalty of perjury that the nongovernmental entity does not use coercion for labor or services.

The undersigned hereby certifies that he/she is an officer or authorized representative of the vendor identified above and that said vendor does not use coercion for labor or services as defined in Section

787.06 Florida Statutes.

Florida Statute 787.06 (2)(a) “Coercion” means:

1. Using or threatening to use physical force against any person;

2. Restraining, isolating, or confining or threatening to restrain, isolate, or confine any person without lawful authority and against her or his will;

3. Using lending or other credit methods to establish a debt by any person when labor or services are pledged as a security for the debt, if the value of the labor or services as reasonably assessed is not applied toward the liquidation of the debt, the length and nature of the labor or services are not respectively limited and defined;

4. Destroying, concealing, removing, confiscating, withholding, or possessing any actual or purported passport, visa, or other immigration document, or any other actual or purported government identification document, of any person;

5. Causing or threatening to cause financial harm to any person;

6. Enticing or luring any person by fraud or deceit; or

7. Providing a controlled substance as outlined in Schedule I or Schedule II of s. 893.03 to any person for the purpose of exploitation of that person.

(2)(e) “Labor” means work of economic or financial value.(2)(h) “Services” means any act committed at the behest of, under the supervision of, or for the benefit of another. The term includes, but is not limited to, forced marriage, servitude, or the removal of organs.

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52.209-5 FAR Certification Regarding Debarment, Suspension, Proposed Debarment, and Other Responsibility Matters

The Offeror certifies, to the best of its knowledge and belief, that the Offeror and/or any of its Principals:

A. Are not presently debarred, suspended, proposed for debarment, or declared ineligible for the award of contracts by any Federal agency.

B. Have not, within a three-year period preceding this offer, been convicted of or had a civil judgment rendered against them for: commission of fraud or a criminal offense in connection with obtaining, attempting to obtain, or performing a public (Federal, state, or local) contract or subcontract; violation of Federal or state antitrust statutes relating to the submission of offers; or commission of embezzlement, theft, forgery, bribery, falsification or destruction of records, making false statements, tax evasion, or receiving stolen property; and

C. Are not presently indicted for, or otherwise criminally or civilly charged by a governmental entity with, commission of any of the offenses enumerated in paragraph 1-B of this provision.

2. The Offeror has not, within a three-year period preceding this offer, had one or more contracts terminated for default by any Federal agency.

A. "Principals," for the purposes of this certification, means officers; directors; owners; partners;

and, persons having primary management or supervisory responsibilities within a business entity (e.g., general manager; plant manager; head of a subsidiary, division, or business segment, and similar positions).

This Certification Concerns a Matter Within the Jurisdiction of an Agency of the United States and the Making of a False, Fictitious, or Fraudulent Certification May Render the Maker Subject to Prosecution Under Section 1001, Title 18, United States Code.

B. The Offeror shall provide…