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HomeMy WebLinkAbout2016 - Paving Contract with Ranger Construction IndustriesCONSTRUCTION SERVICES AGREEMENT THIS AGREEMENT made this WU day , of 2016 b and between the CITY OF Y SEBASTIAN, a municipal corporation of the State of Florida, I 5 Main Street, Sebastian, Florida, 32958, and ("City") and RANGER CONSTRUCTION INDUSTRIES, INC., 4510 Glades Cutoff Road, Ft. Pierce, FL 34981 ("Contractor.") authorized to do business in the State of Florida. WHEREAS, the City desires to engage a Florida licensed contractor who has special and unique competence and experience in providing construction services necessary to complete the Project hereunder; and, WHEREAS, the Contractor represents that it has such competence and experience in providing these services; and, WHEREAS, the City in reliance on such representation has selected the Contractor in accordance with its procedure for selection of Contractor; and, WHEREAS, the City and the Contractor desire to reduce to writing their understanding and agreements on such professional services. IT IS, THEREFORE, AGREED as follows: ARTICLE I - The Contractual Relationship 1.0 EMPLOYMENT OF CONTRACTOR The City hereby agrees that it may engage the Contractor and the Contractor hereby agrees to perform professional services for the City in accordance with this Agreement to provide Street Reconstruction and Paving. This Agreement is not an exclusive agreement and the City may employ other contractors, professional or technical personnel to furnish services for the City as the City in its sole discretion finds is in the public interest. The Agreement shall not be construed to create a contractual relationship of any kind between the City and the Subcontractor(s), or, between any person or firm other than the City and Contractor. The Contractor shall not sell, transfer, assign or otherwise dispose of the Contract or any portion thereof, or of his right, title of interest therein or his obligations thereunder, or moneys due or to become due under this Contract. 2.0 AGREEMENT DOCUMENTS The Agreement Documents (also called CONTRACT DOCUMENTS) consist of this Agreement, Supplemental Agreement(s), Notice of Invitation to Bid, Instructions for Bidders, Bid Proposal, Bond Forms, Bid Specifications and Scone of Work, Work Orders, Change Orders, Addenda if any, any other documents listed in the Agreement Documents, and written modifications issued after execution of this Agreement, if any. 2.1 INTENT The Specifications are an integrated part of the Contract Documents and as such will not stand alone if used independently. The Specifications establish minimum standards of quality for this Project. They do not purport to cover all details entering into the design and construction of materials or equipment. The intent of the Agreement Documents is to set forth requirements of performance, type of equipment and structures, and standards of materials and construction. It is also intended to include all labor and materials, equipment, and transportation necessary for the proper execution of the Work, to require new material and equipment unless otherwise indicated, and to require complete performance of the Work in spite of omission of specific reference to any minor component part and to include all items necessary for the proper execution and completion of the Work by the Contractor. Performance by the Contractor shall be required only to the extent consistent with the Agreement Documents and reasonably inferable from them as being necessary to produce the intended results. 2.2 ENTIRE AND SOLE AGREEMENT Except as specifically stated herein, the Agreement Documents constitute the entire agreement between the parties and supersede all other agreements, representations, warranties, statements, promises, and understandings not specifically set forth in the Agreement Documents. Neither party has in any way relied, nor shall in any way rely, upon any oral or written agreements, representations, warranties, statements, promises or understandings not specifically set forth in the Agreement Documents. 2.3 AMENDMENTS The parties may modify this Agreement at any time by written agreement. Neither the Agreement Documents nor any term thereof may be changed, waived, discharged or terminated orally, except by an instrument in writing signed by the party against which enforcement of the change, waiver, discharge or termination is sought. 2.4 CONSTRUING TERMS This Agreement shall not be construed against the party who drafted the same, as both parties have obtained experts of their choosing to review the legal and business adequacy of the same. 2.5 GOVERNING LAW AND WAIVER OF TRIAL BY JURY This Agreement shall be governed by the laws of the State of Florida, and any venue for any action pursuant to the Agreement Documents shall be in Indian River County, Florida. The parties hereto expressly waive trial by jury. in any action to enforce or otherwise resolve any dispute arising hereunder. 2.6 TERM This Agreement shall commence on the day it is executed by both parties and the term of the Agreement shall extend until the Project is complete unless terminated in accordance with the terms hereunder. 3.0 DEFINITION OF TERIVIS 3.1 GENERAL Whenever the following terms appear in these Agreement Documents, their intent and meaning shall, unless specifically stated otherwise, be interpreted as shown. 3.2 ACT OF GOD The words "Act of God" mean an earthquake, flood, hurricane (or other named tropical event), tornado or other cataclysmic phenomenon of nature. Rain, Wind or other natural phenomenon (including tropical waves and depressions) of normal intensity for the locality shall not be construed as an Act of God. 3.3 ADDENDUM (re: bid documents) A modification of the plans or other contract documents issued by the Owner and distributed to prospective bidders prior to the opening of bids. All Addenda shall be considered as part of the Contract Documents. A -2s 3.4 AGREEMENT A written agreement is between the Contractor and the City of Sebastian defining in detail the work to be performed. The words Agreement and Contract are one and the same. 3.5 A.S.T.M. DESIGNATION Wherever the letters "A.S.T.M." are used in the Specifications, it shall be understood as referring to the American Society for Testing Materials. When reference is made to a certain Designated Number of a specification or test as set out or given by the American Society for Testing Materials, it shall be understood to mean the current, up-to-date standard specification or tentative specification for that particular process, material or test as currently published by that group. M The bid or proposal is the written offer of a Bidder to perform work described by the contract documents when made out and submitted on the prescribed proposal form properly sealed and guaranteed. The bid or proposal shall be considered as part of the Contract Documents. 3.7 BID BOND or PROPOSAL GUARANTEE Bidder is required to submit a Bid Bond or Proposal Guarantee in the amount of 5% of the Base Bid, in the form of a Cashier's Check, Unconditional Irrevocable Letter of Credit drawn in favor of the City of Sebastian on a National Bank, or a bond from a surety company duly licensed in the State of Florida. 3.8 BIDDER An individual, partnership, or corporation submitting a proposal for the work contemplated; acting directly or through a duly authorized representative. 3.9 CHANGE ORDER A written order issued to the Contractor by the City covering changes in the plans, specifications, or scope of work when the amount of work changed is not deemed sufficient to require a supplemental agreement, and/or to cover adjustments in the Contract Price or Contract Time. 3.10 CONTRACT ADDENDUM A special written provision modifying or clarifying the terms and conditions of the Contract. The Contract Addendum shall be considered as part of the contract documents. 3.11 CONTRACTOR The word "Contractor" shall mean an individual, partnership, or corporation, and its heirs, executors, administrators, successors and assigns, or the lawful agent of any such individual, firm, partnership, covenant or corporation, or its surety under any contract bond, constituting one of the principals to the Contract and undertaking to perform the work herein. 3.12 DIRECTED, ORDERED, APPROVED & ETC. Wherever in the Agreement Document the words "directed", 'ordered", "approved", "permitted", "acceptable", or words of similar import are used, it shall be understood that the direction, order, approval or acceptance of A-27 the Owner is intended unless otherwise stated. 3.13 ENGINEER A Professional Engineer duly licensed and registered in the State of Florida and designated by the City as the Engineer -of -Record. The City may designate a staff member as Engineer who is not licensed. 3.14 GENERAL CONDITIONS The directions, provisions and requirements contained within the Agreement Documents, all describing the general manner of performing the Work including detailed technical requirements relative to labor, material equipment, and methods by which the Work is to be performed and prescribing the relationship between the City and the Contractor. 3.15 INSPECTOR A duly authorized representative of the City assigned to make official inspections of the materials furnished and of the work performed by the Contractor. 3.16 LABORATORY Any licensed and qualified independent laboratory designated by, or acceptable to the City to perform necessary testing of materials for this project. All testing will be the responsibility of the contractor to hire a licensed testing firm to conduct any testing which is included in the price of various bid items. 3.17 OWNER City of Sebastian 3.18 PERFORMANCE AND PAYMENT BONDS Contractor is required to submit bonds in the form prescribed by State Law, and generally as shown on sample forms herein, for Performance and Payment. 3.19 PLANS The official approved engineering plans, including reproduction thereof, showing the location, character, dimensions and details of the work to be done. All shop drawings submitted by the Contractor shall be considered as part of the contract documents. 3.20 PROPOSAL The proposal or bid is the written offer of a Bidder to perform the work described by the Contract Documents when made out and submitted on the prescribed proposal form, properly signed and guaranteed. The proposal or bid shall be considered as part of the contract documents. 3.21 SPECIAL CONDITIONS Special clauses or provisions, supplemental to the Plans, Standard Specifications and other contract documents, setting forth conditions varying from or additional to the Standard Specifications for a specific project. A -2s 3.22 SPECIFICATIONS The directions, provisions, and requirements together with all written agreements made or to be made, setting forth or relating to the method and manner of performing the Work, or to the quantities and qualities of materials, labor and equipment to be furnished under the Agreement. 3.23 SUBCONTRACTOR An individual, partnership or corporation supplying labor, equipment or materials under a direct contract with the contractor for work on the project site. Included is the one who supplies materials fabricated or formulated to a special design according to the plans and specifications for the particular project. 3.24 SUPPLEMENTAL AGREEMENT A written understanding, or proposal and acceptance, executed between the City and the Contractor subsequent to execution of the Agreement herein with the written consent of the Contractor's Surety, relating to the work covered by the Agreement and clarifying or furthering the terms thereof. A modification to the Agreement shall be made by Contract Addendum. 3.25 SURETY Surety is a corporation qualified to act as surety under the laws of Florida, who executes the Contractor's Performance and Payment Bonds and is bound with the Contractor for the acceptable performance of the contracted work and for the payment of all debts pertaining thereto. 3.26 WORK, (The) or PROJECT, (The) The public improvement contemplated in the Plans and Specifications, and all actions necessary to construct the same. 3.27 WORK ORDER Work orders are work instructions including specifications and plans that show the location, character, dimensions and details to the work to be done. Work orders are specific instructions, of limited scope, that will be a part of this contract. Work orders shall be considered as part of the contract documents. Any Work Orders considered to be Change Orders of any kind shall be in writing and address, at a minimum, any changes in the scope of work and the related impact on Contract Price / Cost and Time / Schedule. A-29 ARTICLE II - Performance 4.0 SPECIFICATIONS AND RELATED DATA 4.1 INTENT OF THE SPECIFICATIONS The intent of the Specifications, Work Orders and other Contract Documents is that the Contractor furnishes all labor and materials, equipment, supervision and transportation necessary for the proper execution of the Work unless specifically noted otherwise. The Contractor shall do all the work described in the Specifications and other Contract Documents and all incidental work considered necessary to substantially complete the Work ready for use, occupancy, or operation in a manner acceptable to the City. 4.2 CONFLICT In the event of any inconsistency, discrepancy or conflict between the Agreement, Specifications, and other Contract Documents, the Agreement shall prevail and govern over all except a subsequently executed Contract Addendum; in the event of an inconsistency, discrepancy or conflict between documents, the Specifications shall prevail and govern. 4.3 DISCREPANCIES IN PLANS Any discrepancies found between the Specifications and site conditions, or any errors or omissions in the Specifications, shall be immediately reported to the Engineer and City. The City Engineer shall promptly determine the validity and seriousness of the claimed condition and correct any such error or omission in writing, or otherwise direct Contractor. Any work done by the Contractor after his discovery of such discrepancies, errors or omissions shall be done at the Contractor's risk. Any correction or errors or omissions in the Specifications may be made by the Engineer when such correction is necessary for the proper fulfillment of their intention as construed by the City Engineer. Where said correction of errors or omissions, except as provided in the next two (2) paragraphs below, adds to the amount of work to be done by the Contractor, compensation for said additional work shall be made under the Paragraph 10.7 CHANGES IN THE WORK below, except where the additional work may be classed under some item of work for which a unit price is included in the proposal. All work indicated in the Specifications and all work and material usual and necessary to make the Work complete in all its parts, whether or not they are mentioned in the Specifications, shall be furnished and executed the same as if they were called for in the Specifications. The Contractor will not be allowed to take advantage of any errors or omissions in the technical provisions of the Specifications. The Engineer will provide full information when errors or omissions are discovered. 4.4 SPECIFICATIONS AT JOB SITE One (1) complete set of the Specifications, Work Orders, Addenda, Change Orders, Shop Drawings and samples shall be maintained at the job site, in good order and annotated to show all changes made during the construction process, and shall be available to the Engineer and City at all times. A final copy thereof, along with "as -built" record drawings, operations and maintenance manuals, and data sheets, shall be delivered to the Engineer upon the completion of the Work. 4.5 DIMENSIONS Dimensions and project limits will be field measured in advance of the project with city staff from the projects limits of the golf course. Where the work of the Contractor is affected by finished dimensions, these shall be A-30 verified by the Contractor at site, and he shall assume the responsibility for their use. 4.6 SAMPLING AND TESTING Except as otherwise provided, sampling and testing of all materials, and the laboratory methods and testing equipment, required under the Specifications shall be in accordance with the latest standards or tenets of the American Society for Testing Materials. The testing of samples and materials shall be made at the expense of the Contractor, except where indicated otherwise. The Contractor shall furnish any required samples without charge. The Contractor shall be given sufficient notification of the placing of orders for materials to permit testing. As an exception to the above, when the Contractor represents a material or an item of work as meeting Specifications and under recognized test procedures it fails, any re -testing shall be at the Contractor's expense, billed at the Testing Laboratory's standard rate for individual tests. It is expected that all inspections and testing of materials and equipment will be done locally. If the Contractor desires that inspections for tests be made outside of the local area, all expenses, including per diem for the Engineer or Inspectors, shall be bome by the Contractor. 4.7 SHOP DRAWINGS (If Required) The Contractor shall provide shop drawings, setting schedules, and other drawings as may be necessary for the prosecution of the Work in the shop and in the field as required by the Specifications or Engineer's instructions. Deviations from the Plans and Specifications shall be called to the attention of the City at the time of the first submission of shop drawings and other drawings. The City's approval of any shop drawings shall not release the Contractor from responsibility for errors, corrections of details, or conformance with the Contract. Shop drawings shall be submitted according to the following schedule: (a) Seven (7) copies shall be submitted to the City at least thirty (30) days before the materials indicated thereon are to be needed or earlier if required to prevent delay of work or to comply with subparagraph (b). (b) The City shall, within fourteen (14) days of the submittal of any shop drawings, return three (3) copies to the Contractor marked with any corrections and changes required and noting if the drawings are acceptable as noted, or if resubmittal is required. (c) The Contractor shall then correct the shop drawings to conform to the corrections and changes requested by the City and resubmit six (6) copies to the City. (d) Three (3) copies of Approved Shop Drawings shall be returned to the Contractor by the City. 4.8 QUALITY OF EQUIPMENT AND MATERIALS In order to establish standards of quality, the Specifications may refer to certain products by name and catalog number. This procedure is not to be construed as eliminating from competition other products of equal or better quality by other manufacturers where fully suitable in design. The Contractor shall furnish to the City a complete list of his proposed desired substitutions prior to the signing of the Contract, together with such engineering and catalog data as the City may require. Further substitutions may be submitted during the course of work in accordance with Paragraph 4.10 SUBSTITUTION OF EQUIPMENT AND/OR MATERIAL below. The Contractor shall abide by the City's judgment when proposed substitution of materials or items or A-31 equipment are judged to be unacceptable and shall furnish the specified material or item of equipment in such case. All proposals for substitutions shall be submitted to the City in writing by the Contractor and not by individual trades or material suppliers. The City will advise of approval or disapproval of proposed substitutions in writing within a reasonable time. No substitute materials shall be used unless approved by City in writing. 4.9 EQUIPMENT APPROVAL DATA The Contractor shall furnish one (1) copy of complete catalog data for every manufactured item of equipment and all components to be used in the Work, including specific performance data, material description, rating, capacity, material gauge or thickness, brand name, catalog number and general type. This submission shall be compiled by the Contractor and submitted to the City for review and written approval before any of the equipment is ordered. Each data sheet or catalog in the submission shall be indexed according to specification section and paragraph for easy reference. After written approval is received by the Contractor, submission shall become a part of the Contract and may not be deviated from except upon written approval of the City. Catalog data for equipment approved by the City does not in any case supersede the Contract Documents. The acceptance by the City shall not relieve the Contractor from responsibility for deviations from the Specifications, unless he has called the City's attention, in writing, to such deviations at the time of submission, nor shall it relieve him from responsibility for errors of any sort in the items submitted. The Contractor shall check the work described by the catalog data with the Contract Documents for deviations and errors. It shall be the responsibility of the Contractor to insure that items to be fumished fit the space available. He shall make necessary field measurements to ascertain space requirements, including those for connections, and shall order such sizes and shapes of equipment that the field installation shall suit the true intent and meaning of the Plans and Specifications. Where equipment requiring different arrangement of connections from those shown is approved, it shall be the responsibility of the Contractor to install the equipment to operate properly, and in harmony with the intent of the Specifications, and to make all changes in the Work required by the different arrangement of connections at his own expense. 4.10 SUBSTITUTION OF EQUIPMENT AND/OR MATERIAL After the execution of the Contract Agreement, the substitution of equipment and/or material for that specified will be considered if. (a) The equipment and/or materials proposed for substitution is determined by the City to be equal or superior to that specified in the Contract; (b) Unless determined to be of superior quality, the equipment and/or material proposed for substitution is less expensive than that specified and that such savings to the City, as proposed by the Contractor, are submitted with the request for substitution. If the substitution is approved, the Contract price shall be reduced accordingly; and (c) The equipment and/or material proposed for substitution is readily available and its delivery and use, if approved as a substitution, will not delay the scheduled start and completion of the specified work for which it is intended or the scheduled completion of the entire work to be completed under the contract. A-32 No request will be considered unless submitted in writing to the City and approval by the City must also be in writing. To receive consideration, requests for substitutions must be accompanied by documentary proof of the actual difference in cost to the Contractor in the form of quotations to the contractor covering the original equipment and/or material, and also equipment and/or material proposed for substitution or other proof satisfactory to the City. It is the intention that the City shall receive the full benefit of the saving in cost involved in any substitution unless the item is substituted for one designated in the Specifications by specific manufacturer's name and type, in which case one-third of the savings shall accrue to the benefit of the Contractor. In all cases, the burden of proving adequate proof that the equipment and/or material offered for substitution is equal or superior in construction and/or efficiency to that named in the Contract shall rest on the Contractor and the proof will be submitted to the City. Request for substitution of equipment and/or material which the Contractor cannot prove to the satisfaction of the City, at its sole discretion and judgment, to be equal or superior in construction and/or efficiency to that named in the Contract will not be approved. 5.0 MATERIALS AND WORKMANSB IP 5.1 MATERIALS FURNISHED BY THE CONTRACTOR All materials and equipment used in the Work shall meet the requirements of the respective Specifications, and shall not be used until it has been approved in writing by the City. Wherever the specifications call for an item of material or equipment by a manufacturer's name and type, and additional features of the item are specifically required by the specifications, the additional features specified shall be provided whether or not they are normally included in the standard manufacturer's item listed. Wherever the specifications call for an item of material or equipment by a manufacturer's name and type, and the specified item becomes obsolete and is no longer available, the Contractor shall provide a substitute item of equal or superior quality and performance which is acceptable to the Engineer and City and is currently available, at no increase in Contract price. 5.2 STORAGE OF MATERIALS Materials and equipment shall be stored so as to incur the preservation of their quality and fitness for the Work. When considered necessary, they shall be placed on wooden platforms or other hard clean surfaces, and not on the ground, and/or they shall be placed under cover. Stored materials and equipment shall be located so as to facilitate prompt inspection. Private property zoned for or adjacent to land zoned for residential uses shall not be utilized for storage purposes without special prior arrangement. 5.3 REJECTED WORK AND MATERIAL Any materials, equipment or work which does not satisfactorily meet the Specifications may be condemned by the Engineer or City by giving a written notice to the Contractor. All condemned materials, equipment or work shall be promptly taken out and replaced. All materials and equipment which do not conform to the requirements of the Contract Documents, are not equal or superior to samples approved by the Engineer and City, or are in any way unsatisfactory or unsuited to the purpose, for which they are intended, shall be rejected. Any defective work whether the result of poor workmanship, use of defective materials, damaged through carelessness or from other cause shall be removed within ten (10) days after written notice is given by the City, and the work shall be re -executed by the Contractor. The fact that the Engineer or the City may have previously overlooked such defective work shall not constitute an acceptance of any part of it. Should the Contractor fail to remove rejected work or materials A-33 within ten (10) days after written notice to do so, the City may remove them and may store the materials and equipment. Satisfaction of warranty work after final payment shall be in accordance with Paragraph 10.15. 5.4 MANUFACTURER'S DIRECTION Manufactured articles, materials and equipment shall be applied, installed, connected, erected, used, cleaned, and conditioned as directed by the manufacturer unless herein specified to the contrary. 5.5 SKILL AND CHARACTER OF WORKERS All workers must have sufficient knowledge, skill and experience to perform properly the work assigned to them. Any supervisor or worker employed by the Contractor or subcontractors who, in the opinion of the Engineer or the City does not perform his work in a skillful manner, or appears to be incompetent or to act in a disorderly or intemperate manner shall, at the written request of the City, be discharged immediately and shall not be employed again in any portion of the Work without the approval of the City. The Contractor shall at all times be responsible for the conduct and discipline of its employees and/or any subcontractor or persons employed by subcontractors. 5.6 CUTTING AND PATCHING The Contractor shall do all necessary cutting and patching of the Work that may be required to properly receive the work of the various trades or as required by the Plans and Specifications to complete the Work. Contractor shall restore all such cut or patched work as directed by the Engineer or the City. Cutting of existing structures that could endanger the Work, adjacent property, workmen or the public shall not be done unless approved by the Engineer and under Engineer's surveillance. 5.7 CLEANING UP The Contractor shall at all times keep the premises free from accumulation of waste materials or rubbish caused by its employees or work. At the completion of the Work, contractor shall remove all rubbish, tools, scaffolding and surplus materials and shall leave the Work "broom clean" or its equivalent, unless more exactly specified, and shall insure that all debris and other unsightly objects are removed and disposed of in a satisfactory manner. At no additional expense to the City, the Contractor will restore to their original conditions or better, as nearly as practicable, those portions of the site not designated for alteration and all such property, structure, utilities, landscaping, etc., disturbed or damaged during the prosecution of the Work. Final payment will be withheld until such clean up and repairs are completed The Work will be considered complete only after all debris and unused material due to or connected with the Work have been removed and the surrounding area left in a condition satisfactory to the City. In the event the City finds that the Contractor has not complied in keeping the job site clean, the City may, after twenty-four (24) hours written notice to the Contractor to correct the situation, elect to have the job site cleaned by an independent labor force. The cost of cleaning by said independent labor force shall be deducted from moneys due the Contractor. 5.8 CITY'S OWNERSHIP OF MATERIALS Any and all materials, whether structural or natural, found within the limits of the project remain the property of the City unless City ownership is specifically conveyed to the Contractor. All material, equipment and work become the sole property of the City as installed. These provisions shall not be construed as relieving the Contractor from the sole responsibility for all materials and work for which payments have been made, for the restoration of damaged work, or as a waiver of right of the City to require the fulfillment of all the terms of the Contract. A-34 5.9 GUARANTEE The Contractor shall warrant all its material and equipment furnished and work performed for a period of one (1) year from the date of final written acceptance of the Work by City. Satisfaction of warranty work after final payment shall be as per Paragraph 10.15. All equipment and material warranties or guarantees shall be drawn in favor of the City and the originals thereof furnished to the Engineer for review and acceptance prior to final payment. Such guarantee shall in no way limit or relieve the Contractor of liability from subsequent claims of beach of contract due to substandard materials or workmanship, nor shall such warranty period shorten the statute of limitations for bringing a breach of contract or other action based upon any such deficiencies. 6.0 CONSTRUCTION STAKING TO BE PERFORMED BY CONTRACTOR 6.1 PERSONNEL, EQUIPMENT AND RECORD REQUIREMENTS Adequate field notes and records shall be available for review by the City and Engineer as the Work progresses and copies shall be available if necessary. Any inspection or checking of the Contractor's field notes or layout work by the City and the acceptance of all or any part thereof, shall not relieve the Contractor the responsibility to achieve the lines, grades and dimensions shown in the Plans and Specifications. Prior to final acceptance of the project, the Contractor shall mark in a permanent manner on the surface of the completed Work all control points shown on the Plans. 6.2 CONTROL POINTS FURNISHED BY THE CITY The City will provide boundary or other control points and bench marks as. shown on the Plans as "Contractor's Survey Control Point", if any is provided. The Contractor shall be responsible for all survey control of his work during construction. The Contractor shall preserve all reference points and benchmarks furnished by the City. 6.3 FURNISHING OF STAKE MATERIALS The Contractor shall furnish all stakes, templates and other materials necessary for establishing and maintaining the lines and grades necessary for control and construction of the Work. 6.4 LAYOUT OF WORK Utilizing the control points furnished by the City in accordance with Paragraph 6.2, the Contractor shall establish all horizontal and vertical controls necessary to construct the Work in conformance with the Specifications. The Work shall include performing all calculations required and setting all stakes needed such as grade stakes, offset stakes, reference point stakes, slope stakes, and other reference marks or points necessary to provide lines and grades for construction of all contract items. Survey notes indicating the information and measurements used in establishing locations and grades shall be kept in notebooks and furnished to the Engineer with the records for the Project. 6.5 SPECIFIC STAKING REQUIREMENTS Stakes to establish lines and grades shall be set at appropriate intervals to assure that the Project is constructed to meet the lines and grade per Specifications. For construction stakes and other control, references shall be set A-35 at sufficiently frequent intervals to assure that all components of a structure are constructed in accordance with the lines and grades. 6.6 PAYMENT The cost of performing layout work as described above shall be included in the contract prices for the various items of work to which it is incidental. 6.7 COORDINATION WITH CITY The City's recorded subdivision plats shall be considered correct. The distance, bearing and curve information provided shall be used by the Contractor's surveyor to establish alignment throughout construction. All surveying activities will be coordinated with the City's surveyor as needed for proper completion of all work on the site. 6.8 LOCATION OF EXISTING UTILITIES AND PIPING All existing underground utilities, such as telephone, cable television and electrical cables must be located by the Contractor prior to starting work. The Contractor shall contact the Utilities at least 48 hours prior to commencing any work within the project area. There may be other utilities within the project area. The cost of substantiating the location of utilities shall be borne by the Contractor and included in the bid price. The Contractor shall be responsible for the repair and/or replacement of any damage caused to utilities by Contractor forces during the course of construction. Utilities deemed to require relocation shall be identified by the Contractor prior to commencing work. The Contractor shall notice the City of the conflict and seek direction from the City prior to proceeding with work. Directions from the City may be to proceed despite conflict, place work order on hold and commence work at a different location, or relocate utilities under separate contract with the utility or a change order to be directed by the City. 7.0 PROGRESS AND COMPLETION OF WORK 7.1 CONTRACTOR'S OBLIGATION Contractor shall supervise and direct the Work, using Contractor's best skill and attention. Contractor shall be solely responsible for and have control over construction means, methods, techniques, sequences and procedures and for coordinating all portions of the Work under this Contract, unless the Contract Documents give other specific instructions concerning these matters. Unless otherwise provided in the Contract Documents, Contractor shall provide and pay for labor, materials, equipment, tools, construction equipment and machinery, water, heat, utilities, transportation, and other facilities and services necessary for the proper execution and completion of the Work, whether temporary or permanent and whether or not incorporated or to be incorporated in the Work. Unless otherwise provided in the Contract Documents, Contractor shall pay all sales, use and other similar taxes. Contractor shall enforce strict discipline and good order among Contractor's employees and other persons carrying out the Work. Contractor shall not permit employment of unfit persons or persons not skilled in tasks assigned to them. Contractor currently holds and shall maintain at all times during the term of this Contract all required federal, state and local licenses necessary to perform the Work required under the Contract Documents. Contractor shall be responsible to the City for the acts and omissions of Contractor's employees, Subcontractors and their agents and employees, and other persons performing portions of the Work under a contract with A-36 Contractor. Contractor shall indemnify, defend and hold City harmless from all claims arising out of or related to its performance of the Work except for acts arising solely from the active negligence of the City. 7.2 START OF CONSTRUCTION The Contractor shall commence work on the date specified in the Notice to Proceed subsequently issued by the City, or as specifically noted in any Contract Addendum. However, in no case shall the Contractor commence work until the City has been furnished and acknowledges receipt of the Contractor's Certificates of Insurance and a properly executed performance and payment bond as required. 7.3 CONTRACT TIME The contractor shall complete, in an acceptable manner, all of the Work in the time stated in the Contract Agreement and any Addenda or Change Orders thereto. The contract time is 90 consecutive calendar days from start of work date. 7.4 SCHEDULE OF COMPLETION The Contractor's schedules are subject to the approval of the City, which shall not be unreasonably withheld, and shall reflect a logical sequence of the various components of work and the anticipated rates of production necessary to complete the Work on or before the completion date. Said schedules shall be submitted within ten (10) days of the execution of the agreement by the City except when requested otherwise and shall be updated and resubmitted to the City on the twenty-fifth (25th) day of every month with the Contractor's pay request. 7.5 COORDINATION OF CONSTRUCTION/PRECONSTRUCTION CONFERENCE The Contractor shall coordinate its work with other contractors, the City, and utilities to assure orderly and expeditious progress of work. The City shall hold a pre -construction conference at Sebastian City Hall at a time and date mutually agreed upon with the Contractor after the Contract has been awarded and fully executed. 7.6 PROPERTY OF OTHERS A. Public Ownership The Contractor shall be responsible for the preservation of all public property, trees, monuments, etc., along and adjacent to the street and/or right-of-way, and shall use every precaution necessary to prevent damage or injury thereto. He shall use suitable precautions to prevent damage to pipes, conduits and other underground structures, and shall protect carefully from disturbance or damage all monuments and property marks until a land surveyor has witnessed or otherwise referenced their location and shall not remove them until so directed by the Engineer in writing. The City shall remove and relocate all traffic control signs as required. B. Private Ownership Mail and newspaper boxes, sprinkler systems, ornamental shrubs, lawn ornaments, house numbers, fences, etc. may be removed and relocated by the property owners. The City will not remove, relocate, or re -install mail boxes, sprinkler systems, ornamental shrubs, etc. belonging to a private property owner. However, should such items not be removed or relocated by the start of construction, the Contractor shall remove the objects, in a manner which does not damage or injure the objects at no extra cost to the City, which interfere with the construction of the Project and place them on the property owner's front lawn just outside the project limits. Otherwise, the Contractor shall not enter upon private property for any purpose without obtaining permission from the property Owner thereof. Where extensive intrusions upon private property are required for A-37 construction, the City and Contractor shall cooperate to obtain Temporary Construction Easements from the landowner. 7.7 PROTECTION OF EXISTING UTILITIES AND FACILITIES All utilities and all structures of any nature, whether below or above ground, that may be affected by the Work but are not required to be disturbed or relocated by the very nature of the project, shall be protected and maintained by the Contractor and shall not be disturbed or damaged by Contractor forces during the progress of the Work; provided that, should the Contractor disturb, disconnect or damage any utility or any structure, all expenses of whatever nature arising from such disturbance or the replacement or repair and testing thereof shall be borne by the Contractor. 7.8 CROSSING PUBLIC FACILITIES When new construction crosses highways, railroads, streets or similar public facilities under the jurisdiction of state, county, city, or other public agency or private entity, the City through the Engineer shall secure written permission prior to the commencement of construction of such crossing. The Contractor will be required to furnish evidence of compliance with conditions of the permit from the proper authority before final acceptance of the Work by City. Road closures are governed by Paragraph 8.3. 7.9 CHANGES W THE WORK The City may order changes in the Work through additions, deletions or modifications without invalidating the Contract; however, any change in the scope of work or substitution of materials shall require the written approval of the City. Compensation and time of completion affected by the change shall be adjusted at the time of ordering such change. New and unforeseen items of work found to be necessary and which cannot be covered by any item or combination of items for which there is a contract price shall be classed as changes in the Work. The Contractor shall do such changes in the Work and furnish such materials, labor and equipment as may be required for the proper completion of construction of the work contemplated. In the absence of such written order, no claim for changes in the Work shall be considered. Changes in the Work shall be performed in accordance with the Specifications where applicable and work not covered by the specifications or special provisions shall be done in accordance with specifications issued for this purpose. Changes in the Work required in an emergency to protect life and property shall be performed by the Contractor as required. 7.10 EXTENSION OF CONTRACT TIME No extension of time shall be valid unless given in writing by the City. No monetary compensation shall be given for such delay. A delay beyond the Contractor's control occasioned by an "Act of God" may entitle the Contractor to an extension of time in which to complete the Work as determined by the City provided, however, the Contractor shall immediately give written notice to the City of the cause of such delay. "Rain day" extensions shall be granted upon written request of the Contractor to the City's Project Manager when said Project Manager determines that weather conditions make it counterproductive to work on said days. "Rain day" requests must be submitted at the end of each work week or be waived, and the cumulative "rain day" extensions granted shall be processed as a Change Order with each pay submittal. In the event that the City suspends the Work as provided in Paragraph 9.3, the Contractor shall be granted an extension of time to complete the Work for as many calendar days as the Work was suspended; except, however, that the Contractor will not be granted an extension of time to complete the Work if the suspension was caused by a fault of the Contractor. A-38 7.11 CORRECTION OF WORK Contractor shall, at no cost to the City, promptly correct Work failing to conform to requirements of the Contract Documents, whether observed before or after completion of the Work and whether or not fabricated, installed or completed, and shall correct any Work found to be not in accordance with the requirements of the Contract Documents within a period of one (1) year from the date of completion of the Work or by the terms of an applicable special warranty required by the Contract Documents. The provisions of this Paragraph apply to the Work done by Subcontractors as well as to the Work done by direct employees of Contractor. Nothing contained in this Paragraph shall be construed to establish a period of limitation with respect to other obligations which Contractor might have under the Contract Documents. Establishment of the time period of one (1) year as described in Subparagraph 7.1 l (a) above relates only to the specific obligation of Contractor to correct the Work, and has no effect on the time within which the obligations of the Contract Documents may be enforced, nor to the time within which proceedings may be commenced to establish Contractor's liability with respect to Contractor's remaining contractual obligations. 7.12 LIQUIDATED DAMAGES In the event Contractor violates or fails to perform any provision of the Contract Documents, then the City may elect to receive, and Contractor agrees to pay, liquidated damages in the amount of three hundred dollars ($300) per day beyond the agreed completion date. Inspection of the Work by the City and the subsequent issuance of a notice by the City indicating substantial completion will be the date used to signify work completion. If completion is beyond the schedule agreed upon, liquidated damages may be imposed by the City on the Contractor and will be withheld from payment. It is expressly acknowledged by Contractor that said payment shall not be interpreted nor construed as a penalty but is in fact a good faith attempt to fix damages which the City will suffer in the event Contractor fails to perform as required hereunder or violates any provision of the Contract Documents. 8.0 PUBLIC HEALTH AND SAFETY 8.1 PROTECTION OF PERSONS AND PROPERTY The Contractor shall submit, for the City's approval, a project safety and security plan which describes the Contractor's plans and procedures to protect the safety and property of property owners, residents, and passers- by. The plan shall describe measures and precautions to be taken during working hours and non -working hours. A. Safety Precautions and Programs The Contractor shall be responsible for initiating, maintaining and supervising all safety precautions and programs in connection with the Work in accordance with the U.S. Department of Labor Occupational Safety and Health Act and the laws of the State of Florida. This Contract requires that the Contractor and any and all subcontractors hired by the Contractor comply with all relevant standards of the Occupational Safety and Health Act. Failure to comply with the Act constitutes a failure to perform. The Contractor agrees to reimburse the City for any fines and/or court costs arising from penalties charged to the City for violations of OSHA committed by the Contractor or any and all subcontractors. B. Safety of Persons and Property The Contractor shall take all reasonable precautions for the safety of, and shall provide all reasonable protection to prevent damage, injury or loss to, all employees on the Work and all other persons who may be affected thereby; all the work materials and equipment to be incorporated therein, whether in storage on or off A-39 the project site, under the care, custody or control of the Contractor or any of his subcontractors; and other property on the project site or adjacent thereto, including trees, shrubs, lawns, walks, pavements, roadways, structures and utilities not designated for removal, relocation or replacement in the course of construction. The Contractor shall be held fully responsible for such safety and protection until final written acceptance of the Work. Fire hydrants on or adjacent to the Work shall be kept accessible to fire fighting equipment at all times. Temporary provisions shall be made by the Contractor to insure the proper functioning of all swales, gutters, sewer inlets, drainage ditches and irrigation ditches, which shall not be obstructed except as approved by the City. The Contractor acknowledges that, in executing the Project, it will operate machinery and equipment that may be dangerous to the adjacent property owners and the general public. The Contractor will be required to conduct excavations for the Project that may be hazardous to person and property. The Contractor shall develop and implement a job safety and security plan that will adequately protect all property and the general public. Contractor shall rigorously prohibit the committing of nuisances on the site of the Work, on the lands of the City or an adjacent property. 8.2 TRAFFIC CONTROL All safety precautions, traffic control, and warning devices necessary to protect the public and workmen from hazards within the right-of-way shall be in strict accordance with SECTION 102, MAINTENANCE OF TRAFFIC, in the Florida Dept. of Transportation (FDOT) Std. The State of Florida Manual of Tragic Control and Safe Practices for Street and Highway Constncction, Nfaintenance and Utility Operations Specifications for Road and Bridge Constncction, latest edition shall be used as minimum standards, as applicable. Further, the Contractor shall carry on the Work in a manner that will cause the least possible obstruction and interruption in traffic, and the least inconvenience to the general public and the residents in the vicinity of the work. 8.3 ROAD CLOSURE AND DETOURS Local traffic shall be maintained within the limits of the Project for the duration of the construction period. Closing to through travel of more than two (2) consecutive blocks, including the cross street intersected will not be permitted without specific authorization of the City. No road or street shall be closed to the public except with the permission of the City and proper governmental authority. When closing of roads is permitted, it shall require forty-eight (48) hours notification to the City. Traffic detours shall be pre -approved prior to closing. "Street Closed to through Traffic" signs and "Detour" routes shall be indicated and maintained by the Contractor when the job is located in a public or private street. 8.4 PROVISION OF ACCESS Where traffic must cross open trenches, the contractor shall provide adequate ingress and egress to dwellings, business facilities, utilities and service. Temporary provisions shall be made by the Contractor to insure the use of sidewalks. The Contractor shall provide suitable crossings at street intersections and driveways, and supply such aid as may be required for pedestrians and motorists, including delivery vehicles, to safely negotiate the construction areas. On completion of Work within any area, the Contractor shall remove all debris, excess materials, barricades and temporary Work leaving walkways and roads in said area clear of obstructions. 8.5 WARNING SIGNS AND BARRICADES The Contractor shall provide adequate signs, barricades, warning lights and flagmen, as required, and all such other necessary precautions for the protection of the Work and the safety of the public. All barricades and obstructions shall be protected at night by regulatory signal lights which shall be kept in operation from sunset to sunrise. Barricades shall be of substantial construction and shall be reflective to increase their visibility at night. Suitable warning signs shall be so placed and illuminated at night as to show in advance where construction, barricades or detours exist. Unless so designated in the Bid Documents, no direct payment for A-40 this work will be made, but the cost of providing, erecting and maintaining such protection devices, including guards, watchmen and/or flagmen as required shall be considered as included and paid for in the various contract prices of the Work. Warning signs and barricades shall be in conformance with the State of Florida, Manual of Traffic Control and Safe Practices for Street and Highway Construction, Maintenance and Utility Operations, latest edition. The Contractor shall provide and maintain adequate barricades, construction signs, torches, flashers, guards and flagmen as required in pedestrian and vehicular traffic areas. Regulations of local authorities shall be compiled with. Advance warning signs are required on all streets where work is being conducted. Lane closures shall be signed and barricaded or coned as indicated in aforementioned FDOT Index. Flagmen may be required where traffic and length of lane closure warrant them. Where such a plan is needed, Contractor shall submit and obtain approval of their traffic control plan by the City. 8.6 OPEN TRENCHES The Contractor shall fully comply with Florida Statutes and OSHA regulations with regard to open trenches during construction. The Contractor shall be place construction hazard fencing along any open trenches during the construction work -day, and shall leave no open trenches or excavations over -night unless properly fenced and with the specific approval of the Engineer or the City. 8.7 PLACEMENT OF HEAVY EQUIPMENT The Contractor shall not leave construction equipment parked in front of or on a residential lot overnight or on weekends. At the close of work each day, the equipment shall be driven to and stored in a designated area so that the equipment will not become an "attractive nuisance" to neighborhood children. All equipment left unattended during the course of working day, such as during lunch hours or work breaks, shall not be left in a condition or location which would create a safety hazard to the general public. All keys shall be removed from the machines during those times. 8.8 TEMPORARY FACILITIES AND CONTROLS The Contractor shall provide controls for sanitary facilities, environmental protection and safety controls on site acceptable to the Florida Department of Health and Rehabilitative Services, Department of Environmental Protection, and St. Johns River Water Management District. 8.9 SANITARY PROVISION The Contractor shall provide and maintain such sanitary accommodations adequate for the use of his employees and those of his subcontractors, and as may be necessary to comply with the requirements and regulations of the local and state departments of health. Such facilities shall be made available when the first employees arrive on site of the Work, shall be properly secluded from public observation, and shall be constructed and maintained during the progress of the Work in suitable numbers and at such points and in such manner as may be required or approved. The Contractor shall maintain the sanitary facilities in a satisfactory and sanitary condition at all times and shall enforce their use. The City shall have the right to inspect such facilities at all times to determine whether or not they are being properly and adequately maintained. Following the period of necessity for such accommodations, they and all evidence affixed thereto shall be removed. 8.10 WATER AND ELECTRIC SUPPLY The Contractor shall make all necessary applications and arrangements, and pay all fees and charges for water and electrical service necessary for the proper completion of the Project up to the time of final acceptance. The Contractor shall provide and pay for any temporary piping and connections. A41 8.11 NOISE CONTROL The Contractor shall provide adequate protection against objectionable noise levels caused by the operation of construction equipment, and shall submit a plan to the Engineer for review prior to initiation and implementation of the plan. 8.12 DUST CONTROL The Contractor shall provide for adequate protection against raising objectionable dust clouds caused by moving construction equipment, high winds or any other cause, and shall submit a plan to the Engineer for review prior to initiation and implementation of the plan. 8.13 WATER CONTROL The Contractor shall provide for satisfactory disposal of surplus water and shall submit a plan to the Engineer for review prior to initiation and implementation of the plan. Prior approval shall be obtained from the proper authorities for the use of public or private lands or facilities for such disposal. 8.14 POLLUTION, SILTATION AND EROSION CONTROL The Contractor shall provide for and take sufficient precautions to prevent pollution of private and public lands, reservoirs, ponds, rivers, streams, creeks, etc., by the disposal of surplus materials in the forms of solids, liquids or gases including, but not limited to, fuels, oils bitumen, calcium chloride or other harmful materials. Contractor shall conduct and schedule Work operations so as to avoid or otherwise minimize pollution or silting of streams, lakes and reservoirs and to avoid interference with movement of migratory fish where there is a high potential for erosion and subsequent water pollution. Erosion control features shall be constructed concurrently with other work and at the earliest practicable time. The Contractor shall prepare a detailed description of Contractor's plan for Erosion and Turbidity Control, including location of erosion control and turbidity control devices, marked on a plan set as needed for clarity. The erosion and turbidity control shall meet the requirements of the St. John's River Water Management District and the applicable City's NPDES program for control of discharge of Total Suspended Matter, and shall prevent water and wind erosion of open excavations and swales. A-42 ARTICLE III - Supervision and Administration 9.0 ENGINEER, CITY, CONTRACTOR RELATIONS 9.1 ENGINEER'S RESPONSIBILITY AND AUTHORITY All work done shall be subject to the construction review of the Engineer and City. Any and all technical questions which may arise as to the quality and acceptability of materials furnished, work performed, or work to be performed, interpretation of Plans and Specifications and all technical questions as to the acceptable fulfillment of the Contract on the part of the Contractor shall be referred to the Engineer who will resolve such questions. 9.2 ENGINEER'S DECISION All claims of a technical nature of the City or Contractor shall be presented to the Engineer for resolution. 9.3 SUSPENSION OF WORK The City shall have the authority to suspend the Work wholly or in part, for such periods as may be deemed necessary and for whatever cause, to include but not be limited to, unsuitable weather or such other conditions as are considered unfavorable for prosecution of the Work, failure on the part of the Contractor to carry out the provisions of the Contract or to supply materials meeting the requirements of the Specifications, or the action of a governmental agency, by serving written notice of suspension to the Contractor. In the event that the Engineer shall become aware of any condition which may be cause for suspension of the Work, the Engineer shall immediately advise the City of such condition. The Contractor shall not suspend operations under the provisions of this Paragraph without the City's permission. 9.4 CONSTRUCTION REVIEW OF WORK All materials and each part or detail of the Work shall be subject at all times to construction review by the Engineer and the City. The Engineer and the City may appoint inspectors. The Contractor will be held strictly to the true intent of the Specifications in regard to quality of materials, workmanship, and the diligent execution of the Contract. Such construction review may include mill, plant, or shop inspection, and any material furnished under the Specifications is subject to such inspection. The Engineer and the City shall be allowed access to all parts of the Work and shall be furnished with such information and assistance by the Contractor as is required to make a complete and detailed review. The City shall not be responsible for the acts or omissions of the Contractor. 9.5 FIELD TESTS AND PRELIMINARY OPERATION The Contractor shall perform the work of placing in operation all equipment installed under this Contract, except as specifically noted hereinafter. The Contractor shall make adjustments necessary for proper operation. The Contractor shall provide construction labor required for preliminary operation of the equipment installed under this Contract. The Contractor shall notify the City when work is considered to be complete, in operating condition, and ready for inspection and tests. Further inspection requirements may be designated in the Technical Specifications. A-43 The City will conduct tests it deems necessary to determine if the Work functions properly. Arrangements for testing laboratory services will be made by the City. Payment for testing to show compliance with specified requirements will be paid for by the City. The cost of retesting when materials and workmanship fail to meet specified requirements will be deducted from moneys due the Contractor. 9.6 EXAMINATION OF COMPLETED WORK The City may request an examination of completed work of the Contractor at any time before acceptance by the City of the Work and shall remove or uncover such portions of the finished work as may be directed. After examination, the Contractor shall restore said portions of the Work to the standard required by the Specifications. Should the work thus exposed or examined prove acceptable, the uncovering or removing and the replacing of the covering or making good of the parts removed shall be paid for as extra work, but should the work so exposed or examined prove unacceptable, the uncovering, removing and replacing shall be at the Contractor's expense. 9.7 CONTRACTOR'S SUPERINTENDENT A qualified superintendent, who is acceptable to the City, shall be maintained on the project and give sufficient supervision to the Work until its completion. The superintendent shall have full authority to act on behalf of the Contractor, and all communications given to the superintendent shall be considered given to the Contractor. In general, such communications shall be confirmed in writing and always upon written request from the Contractor. 9.8 CITY'S RIGHT TO CORRECT DEFICIENCIES Upon failure of the contractor to perform the work in accordance with the Contract Documents, including any requirements with respect to the Schedule of Completion, and after five (5) days written notice to the Contractor, the City may, without prejudice to any other remedy he may have, correct such deficiencies. The Contractor shall be charged all costs incurred to correct deficiencies. 9.9 CITY'S RIGHT TO TERMINATE CONTRACT AND COMPLETE WORK In the event of any default by the Contractor, the City shall have the right to immediately terminate the Contract upon issuance of written notice of termination to the Contractor stating the cause for such action. This Agreement may be terminated by the City without cause provided at least thirty (30) days written notice of such termination shall be given to the Contractor. In the event of termination, the City may take possession of the Work and of all materials, tools and equipment thereon and may finish the Work by whatever method and means it may select. It shall be considered a default by the Contractor whenever Contractor shall: (a) Declare bankruptcy, become insolvent or assign his assets for the benefit of his creditors. (b) Disregard or violate the provisions of the Contract Documents or City's written instructions, or fail to prosecute the Work according to the agreed schedule of completion including extensions thereof. (c) Fail to provide a qualified superintendent, competent workmen or subcontractors, or proper materials, or fail to make prompt payment for same. A-44 9. 10 RIGHTS OF VARIOUS INTERESTS Wherever work being done by the City's forces or by other contractors is contiguous to work covered by the Contract, the respective rights of the various interests involved shall be established by the City, to secure the completion of the various portions of the Work in general harmony. 9.11 SEPARATE CONTRACTS The City may let other contracts in connection with the Work of the Contractor. The Contractor shall cooperate with other Contractors with regard to storage of materials and execution of their work. It shall be the Contractor's responsibility to inspect all work by other contractors affecting Contractor's work and to report to the City any irregularities that will not permit completion of work in a satisfactory manner. Contractor's failure to notify the City of such irregularities shall indicate the work of other contractors has been satisfactorily completed to receive related work. It shall be the responsibility of the Contractor to inspect the completed work in place and report to the Engineer immediately any difference between completed work by others and the Plans. 9.12 SUBCONTRACTS AND PURCHASE ORDERS Prior to signing the Contract or at the time specified by the City, the Contractor shall submit in writing to the City the names of the subcontractors proposed for the Work. Subcontractors may not be changed except at the request or with the approval of the City. The Contractor is responsible to the City for the acts and omissions of its subcontractors and their direct or indirect employees, to the same extent as he is responsible for the acts and omissions of its employees. The Contract Documents shall not be construed as creating a contractual relation between any subcontractors and the City. The Contractor shall bind every subcontractor by the terms of the Contract Documents. For convenience of reference and to facilitate the letting of contracts and subcontracts, the Specifications are separated into title sections. Such separations shall not, however, operate to make the Engineer or City an arbiter to establish limits to the contracts between the Contractor and subcontractors. 9.13 WORK DURING AN EMERGENCY The Contractor shall perform any work and shall furnish and install materials and equipment necessary during an emergency endangering life or property. In all cases, Contractor shall notify the Engineer and City of the emergency as soon as practicable, but shall not wait for instructions before proceeding to properly protect both life and property. 9.14 ORAL AGREEMENTS No oral order, objection, claim or notice by any party to the others shall affect or modify any of the terms or obligations contained in any of the Contract Documents, and none of the provisions of the Contract Documents shall be held to be waived or modified by reason of any act whatsoever, other than by a definitely agreed waiver or modification thereof in writing, and no evidence shall be introduced in any proceeding of any other waiver or modification. 9.15 NIGHT, SATURDAY AND/OR SUNDAY WORK No night or Saturday and Sunday work will be permitted, except in case of emergency, or with prior approval from City, and then only to such extent as is absolutely necessary to protect life or property. This clause shall A-45 not pertain to crews organized to perform restoration work which needs no verifying inspection, maintenance work on equipment, or to operate and maintain special equipment such as dewatering pumps which may be required to work 24 hours per day. All such night, Saturday and/or Sunday work must be authorized by the City. 9.16 UNAUTHORIZED WORK Work done without lines and grades having been established, work done without proper inspection, or any changes made or extra work done without written authority will be done at the Contractor's risk and will be considered unauthorized, and, at the option of the City, may not be measured and paid for. 9.17 USE OF COMPLETED PORTIONS OF THE WORK The City shall have the right to use, occupy, or place into operation any portion of the Work that has been completed sufficiently to permit safe use, occupancy, or operation, as determined by the Engineer. If such use, occupancy, or operation increases the cost of or delays the Work, the Contractor shall be entitled to extra compensation, or an extension of time, or both, as determined by the Engineer. However, if Contractor has failed to complete the Work in accordance with the time requirements of the Agreement, no compensation (including set -offs to liquidated damages) shall be allowed for such use or occupancy. 9.18 CONTRACTOR'S RESPONSIBILITY FOR WORK Until acceptance of the Work by the City, it shall be under the charge and care of the Contractor, and he shall take every necessary precaution against injury or damage to the Work by the action of the elements or from any other cause whatsoever, whether arising from the execution or from the non -execution of the Work. The Contractor shall rebuild, repair, restore and make good, without additional compensation, all injury or damage to any portion of the Work occasioned by any cause, other than the sole and active negligence of the City, before its completion and acceptance. 10.0 MEASUREMENT AND PAYMENT 10.1 DETAILED BREAKDOWN OF CONTRACT Except in cases where unit prices form the basis for payment under the Contract, the Contractor shall submit a complete breakdown of the contract amount showing the value assigned to each part of the Work, including an allowance for profit and overhead within ten (10) days of the execution of the Contract by the parties. Upon approval of the breakdown of the contract amount by the Engineer and the City, it shall be used as the basis for all requests for payment. 10.2 REQUEST FOR PAYMENT The Contractor may submit to the City not more than once each month a request for payment for work completed. Where applicable, the Contractor may choose to submit a request for payment at the substantial completion of each work order. The City may elect to provide its own form for the Contractor to submit progress payment requests. The standard form provided by the City, or a form presented by the Contractor having received prior approval from the City, can be used for the submittal of a progress payment. The Contractor shall furnish the Engineer and the City all reasonable facilities required for obtaining the necessary information relative to the progress and execution of the Work. In addition to each month's invoice, an updated project schedule shall be submitted. Each request for payment shall be computed from the work completed to date on all items listed in the detailed breakdown of the contract amount less previous payments and back charges. Progress payments on account of R-46 Unit Price Work will be based on the number of units completed at the time the payment request was dated by the Contractor. If payment is requested on the basis of materials and equipment not incorporated in the project but delivered and suitably stored at the site or at another location agreed to in writing, the payment request shall also be accompanied by a bill of sale, invoice or other documentation warranty that the City has received the materials and equipment free and clear of all liens, charges, security interests and encumbrances, all of which shall be satisfactory to the City. No payments shall be made for materials stored on site without approval of the City. An amount of 10% of each monthly pay request shall be retained until final completion and written acceptance of the Work by the City. Payment of the retainage shall be included in the Contractor's final pay request in accordance with Paragraph 10.14. Any deviation in the release or partial release of the 10% retainage shall be at the sole discretion of the City, but in no case earlier than completion of the Engineer's "punch list inspection". Any request for payment shall be accompanied by claim releases for work done or materials furnished in accordance with Paragraph 10.13. Prior to submission of any request for payment by the Contractor, the Engineer shall review the request for payment to determine the following: (a) That the work covered by the request for payment has been completed in accordance with the intent of the Plans and Specifications. (b) That the quantities of work have been completed as stated in the request for payment, whether for a unit price contract or for payment on a lump -sum contract. 10.3 CITY'S ACTION ON A REQUEST FOR PAYMENT Within thirty (30) days from the date of receipt of a request for payment the City shall do one of the following: (a) Approve and pay the request for payment as submitted. (b) Approve and pay such other amount of the request for payment in accordance with Paragraph 10.4 as the City shall decide is due the Contractor, informing the Contractor in writing of the reasons for paying the amended amount. (c) Disapprove the request for payment in accordance with Paragraph 10.4 informing the Contractor in writing of the reasons for withholding payment. 10.4 CITY'S RIGHT TO WITHHOLD PAYMENT OF A REQUEST FOR PAYMENT The City may withhold payment in whole or in part on a request for payment to the extent necessary for any of the following reasons: (a) Work not performed but included in the request for payment, or the contract Price has been reduced by written change order. (b) Work covered by the request for payment which is not in accordance with the Plans, Specifications and generally accepted construction practices, including if, in the opinion of the City, there is sufficient evidence that the Work has not been satisfactorily completed, or based upon tests and/or inspections the work is defective or has been damaged requiring correction or replacement. A-47 (c) In the event of a filing of a claim or lien, or information received by City of a potential filing of a claim or lien against the Contractor or City. (d) Failure of the Contractor to make payments to subcontractors, material suppliers or labor. (e) Damage to another contractor. (fj The City has had to correct a defect in the Work, or there are other items entitling the City to a set-off against the amount recommended. (g) Default of any of the provisions of the Contract Documents. 10.5 PAYMENT FOR UNCORRECTED WORK Should the City direct, in writing, the Contractor not to correct work that has been damaged or that was not performed in accordance with the Contract Documents, an equitable deduction from the contract amount shall be made to compensate the City for the uncorrected work. 10.6 PAYMENT FOR REJECTED WORK AND MATERIALS The removal of work and materials rejected under Paragraph 5.3 and the re-execution of work by the Contractor shall be at the expense of the Contractor and the Contractor shall pay the cost of replacing the destroyed or damaged work of other contractors by the removal of the rejected work or materials and the subsequent re-execution of that work. In the event that City incurs expenses related thereto, Contractor shall pay for the same within thirty (30) days after written notice to pay is given by the City. If the Contractor does not pay the expenses of such removal, after ten (10) days written notice being given by the City of its intent to sell the materials, the City may sell the materials and shall pay to the Contractor the net proceeds there from after deducting all the costs and expenses that are incurred by the City. If the proceeds do not cover the expenses incurred by the City, such additional amounts may be set-off against any payments due Contractor. 10.7 CHANGES IN THE WORK A. Change Orders If conditions require a change in the scope of work or additional work varying from the original Plans or Specifications, such change shall be effected by the Contractor when the City issues a written Change Order. The Change Order shall set forth in complete detail the nature of the change, the change in the compensation to be paid the Contractor and whether it is an addition or a reduction of the original total contract cost. Should additional or supplemental drawings be required, they will be furnished by the Engineer. All Change Orders shall address the impact of the change on both Contract Price / Cost and Contract Time / Schedule. Compensation to be paid to the Contractor for accomplishing the work of a Change Order shall be established in one of the following ways: (a) By lump sum proposed by the Contractor and accepted by the City. (b) By unit prices established and agreed to. A48 (c) By unit prices established for additional kinds of work. (d) By other methods as may be mutually agreed upon. (e) By force account wherein the Contractor provides the labor and materials at Contractor's direct cost plus 15% for overhead and profit. When the force account method is used, the Contractor shall provide full and complete records of all costs for review by the City. B. Claims Claims arising from changes or revisions made by the Contractor at the City's request shall be presented to the City before work starts on the changes or revisions. If the Contractor deems that extra compensation is due for work not covered herein, or in Supplemental Agreement, the Contractor shall notify the City in writing of its intention to make claim for extra compensation before work begins on which the claim is based. If such notification is not given and the City is not afforded by the Contractor a method acceptable to the City for keeping strict account of actual cost, then the Contractor hereby waives its request for such extra compensation. The City is not obligated to pay the Contractor if the City is not notified as described above. The Contractor may refuse to perform additional work requested by the City until an appropriate agreement is executed by the parties. Such notice by the Contractor and the fact that the City has kept account of the costs as aforesaid shall not in any way be construed as proving the validity of the claim. 10.8 CANCELED ITEMS OF WORK The City shall have the right to cancel those portions of the contract relating to the construction of any item provided therein. Such cancellation, when ordered by the City in writing, shall entitle the Contractor to the payment of a fair and equitable amount covering all costs incurred by Contractor pertaining to the canceled items before the date of cancellation or suspension of the Work. The Contractor shall be allowed a profit percentage on the materials used and on construction work actually done, at the same rates as provided for "Changes in the Work", but no allowance will be made for anticipated profits. Acceptable materials ordered by the Contractor or delivered on the site before the date of such cancellation or suspension shall be purchased from the Contractor by the City at actual cost and shall thereupon become the property of the City. 10.9 PAYMENT FOR WORK SUSPENDED BY THE CITY If the Work or any part thereof shall be suspended by the City as provided in Paragraph 9.3, the Contractor will then be entitled to payment for all work done except as provided in Paragraph 10.4. 10.10 PAYMENT FOR WORK BY THE CITY The cost of the work performed by the City removing construction materials, equipment, tools and supplies in accordance with Paragraph 5.7 and in correcting deficiencies in accordance with Paragraph 9.8 shall be paid by the Contractor. 10.11 PAYMENT FOR WORK BY CITY FOLLOWING TERMINATION OF CONTRACT A. Termination by City for Cause Upon termination of the contract by the City for cause, including abandonment or termination by Contractor, the City may enter into an agreement with others for the completion of the Work under this Agreement and the Contractor shall be held harmless for the work of others. No further payments shall be due the Contractor until the Work is completed and accepted by the City. If the unpaid balance of the contract amount shall exceed the cost of completing the Work including all overhead costs, Contractor shall be paid up to the amount of the excess balance on a quantum merit basis for the work done prior to termination. If the cost of completing the A-49 Work shall exceed the unpaid balance, the Contractor or its Surety shall pay the difference to the City. The cost incurred by the City as herein provided shall include the cost of the replacement contractor and other expenses incurred by the City through the Contractor's default. In either event, all work done, tracings, plans, specifications, maps, computer programs and data prepared by the Contractor under this Agreement shall be considered property of the City. B. Termination by City Without Cause In the event the City without cause abandons, terminates or suspends this Agreement, the Contractor shall be compensated for services rendered up to the time of such termination and any work done or documents generated by the Contractor shall remain the property of the City. 10.12 TERMINATION OF CONTRACTOR'S RESPONSIBILITY The Contract will be considered complete when all work has been finished, the final construction review is made by the Engineer, and the project accepted in writing by the City. 10.13 RELEASE OF CLAIMS (INTERIM/FINAL) The Contractor shall deliver, with each request for payment, a completed Affidavit and Release of Claim on a form supplied by the City. Also, from each supplier or subcontractor who has notified the City of his right to file a Claim (Notice to City) or who is listed in the Contractor's Affidavit and Release of Claim as an unpaid, potential Claimant, a Claimant's Sworn Statement of Account, executed by the supplier or subcontractor, must be attached to each request for payment. If the completed forms are not supplied with the request for payment, the City will notify Contractor of the outstanding claims of record and, if said completed form(s) are not supplied within thirty (30) days, the City shall make joint payments to the Contractor and outstanding claimants. 10.14 ACCEPTANCE AND FINAL PAYMENT When it is determined, as a result of a joint inspection of the Work by the Contractor, City, and Engineer that the Work has been completed in accordance with the terms of the Contract Documents, the Engineer shall certify completion of the Work to the City. At that time, the Contractor may submit the Contractor's final request for payment. The Contractor's final request for payment shall be the contract amount plus all approved written additions less all approved written deductions and less previous payments made. As a condition for Final payment, a Contractor's Final Affidavit must be received by the City along with his Final Payment Request and any as -built drawings which may be required. The Contractor shall furnish full and final releases of Claim for labor, materials and equipment incurred in connection with the Work, following which the City will release the Contractor except as to the conditions of the performance bond, any legal rights of the City, required guarantees and satisfaction of all warranty work, and shall authorize payment of the Contractor's final request for payment. 10.15 SATISFACTION OF WARRANTY WORK AFTER FINAL PAYMENT The making of the final payment by the City to the Contractor shall not relieve the Contractor of responsibility for faulty materials or workmanship. The City shall promptly give notice of faulty materials and workmanship and the Contractor shall promptly replace any such defects discovered within one (1) year from the date of final written acceptance of the Work by the City. 11.0 PUBLIC CONTRACT REOUIREN ENTS 11.1 COVENANT AGAINST CONTINGENT FEES The Contractor warrants that it has not employed or retained any company or person, other than a bona fide employee working solely for the Contractor, to solicit or secure this Agreement and that it has not paid or agreed to pay any person, company, corporation, individual or firm, other than a bona fide employee working solely for the Contractor, any fee, commission, percentage, gift or any other consideration contingent upon or resulting from the award or making of this Agreement. For the breach or violation of this paragraph, the City shall have the right to terminate the Agreement without liability and, at its discretion, deduct from the Agreement price, or otherwise recover, the full amount of such fee, commission, percentage, gift or consideration. 11.2 INTEREST OF MEMBERS OF CITY AND OTHERS No officers, members or employees of the City and no member of its governing body, and no other public official of the governing body of the locality or localities in which services for the facilities are situated or carried out, who exercises any functions or responsibilities in the review or approval of the undertaking or carrying out of this project, shall participate in any decision relating to this Agreement which affects such person's personal interest, or have any personal or pecuniary interest, direct or indirect, in this Agreement or the proceeds thereof. 11.3 CERTIFICATION OF RESTRICTIONS ON LOBBYING 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 Agreement, the undersigned shall complete and submit Standard Form- "Disclosure Form to Report Lobbying" in accordance with its instructions. 11.4 INTEREST OF CONTRACTOR The Contractor covenants that he presently has no interest and shall not acquire any interest, direct or indirect, which shall conflict in any manner or degree with the performance of services required to be performed under this Agreement. The Contractor will further covenants that in the performance of this Agreement, no person having any such interest shall be employed. The Contractor shall not undertake any professional work which conflicts with its duties as the City's Contractor without the prior written consent of the City during the term of this Agreement. Any work where the Contractor can reasonably anticipate that it may be called to testify as a witness against the City in any litigation or administrative proceeding will constitute a conflict of interest under this Agreement. 11.5 PUBLIC ENTITY CRIMES The Contractor shall file the attached sworn statement which is entitled PUBLIC ENTITY CRIMES, stating whether a person or affiliate as defined in Section 287.133 (1) Florida Statutes, has been convicted of a public entity crime subsequent to July 1, 1989, in accordance with the provisions of said statute. A-51 11.6 DRUG-FREE WORKPLACE The Agreement documents also include the "Drug -Free Workplace Form" which is in accordance with Florida Statute 287.089 and must be signed and instituted. 11.7 COMPLIANCE WITH LAWS Contractor shall comply with all applicable federal laws that in any way regulate or impact the Work, including, but not limited to, The Clean Air Act (42 USC §7506(c)), The Endangered Species Act (16 USC § 1531, et seq.), Executive Order No. 11593, Executive Order No. 11988, Executive Order No. 11990, The Fish and Wildlife Coordination Act (PL 85-624), The Safe Water Drinking Act Section 1424(e) (PL 93-523, as amended), The Wild and Scenic Rivers Act (PL 90-542, as amended), The Demonstration Cities and Metropolitan Development Act of 1966 (PL 89-754), Section 306 of The Clean Air Act, Section 508 of The Clean Water Act, Executive Order No. 11738, The Civil Rights Act of 1964 (PL 88-352), The Age Discrimination Act (PL 94-135), Section 13 of The Federal Water Pollution Control Act (PL 92-500), Executive Order No. 11246, Executive Order No. 11625, Executive Order No. 12138, Executive Order No. 12549, The Davis Bacon Act (40 USC §276), the Occupational Safety and Health Act and applicable regulations, and the Americans with Disabilities Act (PL 101-336). 11.8 INSURANCE The Contractor agrees to carry insurance, of the types and subject to the limits as set forth below and maintain said insurance during the life of this agreement: (a) Workers' Compensation - Contractor shall purchase workers' compensation insurance as required by law. (b) Commercial General Liability - Contractor shall purchase Commercial General Liability insurance with a combined single limit of at least $1,000,000. (c) Commercial Auto Liability - Contractor shall purchase Commercial Auto Liability insurance with a combined single limit of at least $1,000,000. Further, Contractor shall maintain such insurance as is reasonably required to satisfy its obligations under Paragraph 9.18 for the Work paid for by the City but not yet accepted. The insurance company selected shall be A+ or better per the Best's Key Rating Guide. The Contractor and the insurance company(s) shall agree to furnish the City thirty (30) days written notice of their intent to cancel or terminate said insurance. It is the full responsibility of the contractor to insure that all sub -contractors have full insurance coverage as stated above. The Contractor shall not commence the Work under this contract until Contractor has obtained all the insurance required under this paragraph and certificates of such insurance have been submitted to the City, nor shall the Contractor allow any subcontractor to commence work on a subcontract until all insurance required has been so obtained and approved by the City. The Contractor shall carry and maintain until acceptance of the Work, insurance as specified herein and in such form as shall protect Contractor and any subcontractor performing work under this Contract, or the City, from all claims and liability for damages for bodily injury, including accidental death, under this Contract, whether by Contractor or by any subcontractor or by any one directly or indirectly employed by either of them. The Contractor shall furnish to the City certificates of insurance in duplicate showing proof of insurance, naming the City as an additional insured party, prior to the start of construction as provided in the Contract. A -Sl 11.9 BOND (Required) The Contractor shall provide Bonds in the form prescribed by State Law, and generally as shown in these Documents, for Performance and Payment, each in the amount of 100% of the total contract amount. 11.10 PERMITS All City and St. John's River Water Management District permits and other permits necessary for the prosecution of the Work shall be secured by the City, except for Contractor's licenses and registrations, and dewatering permits that may be required by St. Johns River Water Management District (SJRWMD). Contractor shall secure a building permit if required by the City's Building Official. 11.11 LAWS TO BE OBSERVED The Contractor shall give all notices and comply with all federal, state and local laws, ordinances, permit requirements and regulations in any manner affecting the conduct of the Work, and all such orders and decrees as enacted by bodies or tribunals having any jurisdiction or authority over the Work, and shall indemnify and save harmless the City and Engineer against any expense, claim or liability arising from, or based on, the violation of any such law, ordinance, regulation, permit requirements, order or decree, whether by Contractor or its employees. The failure of the Contractor to adhere to any known law or regulation pertaining to furnishing services under this Agreement shall constitute a material breach of this Agreement. The Contractor shall keep fully informed of all existing and pending state and national laws and municipal ordinances and regulations in any manner affecting those engaged or employed in the Work, or in any way affecting the conduct of tribunals having any jurisdiction or authority over the same. If any discrepancy or inconsistency is discovered in the Plans, Specifications, or Contract for this work in relation to any such law, ordinance, regulations, order or decree, Contractor shall forthwith report the same to the Engineer and City in writing. Contractor shall at all times himself observe and comply with and cause all its agents, subcontractors and employees to observe and comply with decrees; and shall protect and indemnify the City and Engineer, their officers, employees and agents against any expense, claim or liability arising from or based upon violation of any such law, ordinance, regulations, orders or decree, whether by Contractor or its employees. All building construction work alterations, repairs or mechanical installations and appliances connected therewith shall comply with the applicable building rules and regulations, restrictions -and reservations of record, local ordinances and such other statutory provisions pertaining to this class of work. A-53 12.0 NUSCELLANEOUS 12.1 ADDRESSES FOR NOTICES All notices given under or in connection with any of the Contract Documents shall be delivered in person or by telegraph or email (confirmed) or registered or certified mail to the parties at the address as either party may by notice designate. 12.2 WRITTEN NOTICE Written notice shall be considered as served when delivered to the designated representative of the Contractor and receipt acknowledged or sent by registered mail to the individual, firm, or corporation to the business address stated in Bid Proposal. Change of Address: It shall be the duty of each party to advise the other parties to the Contract as to any changes in his business address until completion of the Contract. 12.3 TAXES Contractor shall pay all sales or other taxes of any type which may be incurred in connection with the Work hereunder, and shall reimburse the City for any such taxes paid by the City. 12.4 TIME IS OF VITAL IMPORTANCE It is agreed and understood that time is of vital importance with respect to the completion date for the Work and all other provisions of the Contract Documents. 12.5 NO WAIVER OF LEGAL RIGHTS Neither the payment for, nor acceptance of the whole or any part of the Work by the City or representatives of the City, nor any extension of time, nor the withholding of payments, nor any possession taken by the City, nor the termination of employment of the Contractor shall operate as a waiver of any portion of the Contract or any power therein reserved or any right therein reserved or any right therein provided, nor shall the waiver by the City of any of the Contractor's obligations or duties under this Agreement constitute a waiver of any other obligation or duty of the Contractor under this Agreement. 12.6 RIGHT TO WORK PRODUCT No reports, data, programs or other material produced in whole or in part under this Agreement shall be subject to copyright by the Contractor, in the United States or in any other country. The City or its assigns shall have the unrestricted authority to publish, disclose, distribute and otherwise use, in whole or in part, any reports, data, programs or other material prepared under this Agreement. All tracings, plans, specifications, maps, computer programs and data prepared or obtained under this Agreement shall remain the property of the City. Any use of any plans and specifications by the City except the use reasonably contemplated by the City at the time the City entered this Agreement will be at the City's risk and Contractor, its officers, directors and employees, will be held harmless from such use. A -S4 12.7 PUBLIC RECORDS FORM Contract Name: City of Sebastian - Street Reconstruction and Paving Project Description: Street Reconstruction and Paving In accordance with the requirements of Chapter 119 Florida statutes, as amended, the contract between the City of Sebastian and the Contractor shall require the contractor to: a) Comply with the public records law of the State of Florida, as the same may be amended from time to time. b) Keep and maintain public records that ordinarily and necessarily would be required by the City in order to perform services, and C) Provide the public with access to public records on the same terms and conditions that the City would provide the records and at a cost that does not exceed the cost provided in this chapter or as otherwise provided by law, and e) Meet all requirements of retaining public records and transfer, at no cost, to the City all public records in possession of the contractor upon termination of the contact 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 City in a format that is compatible with the information technology systems of the City. Authorized Signa Date: y�CS•//. _ Print F. Scott Fowler Title: Vice President --` Company/Firm: Ranger Construction Industries, Inc - IN W TINESS WHEREOF, the parties hereto have caused these presents to be executed, the day and year fust above written. ATTEST: d -e6m e tte WHROLmv MMC— - — C /e.rk. Approved as to Form and Content for Rel'a by the City of Sebastian Only. Robert A. Ginsburg, City ttomey THE CITY OF SEBASTIAN By: Name: J seph m Title: City Manager Koh Signed, sealed and delivered in the presence of: CONTRACTOR Title: Vice President A-56 Technical Specifications Section......................................................................................................................................Page 1. Maintenance of Traffic.............................................................................................................. 2 2. Temporary Erosion and Sedimentation Control........................................................................ 6 3. Subsurface Investigation........................................................................................................... 8 4. Chemical Treatment (weeds).................................................................................................... 9 5. Aggregate Base Material.........................................................................................................10 6. FDOT Section 300 Prime and Tack Coats (Emulsified Asphalt)...........................................13 7. FDOT Section 334 Hot Mix Asphalt...................................................................................... 23 8. Sod........................................................................................................................................... 31 SECTION 1 MAINTENANCE OF TRAFFIC PART 1- GENERAL 1.1 SUMMARY A. Maintain traffic within the limits of the project for the duration of the construction period, including any temporary suspensions of the work. Construct and maintain traffic detours during construction. Furnish, install and maintain traffic control and safety devices during construction. Furnish and install work zone pavement markings for maintenance of traffic in construction areas. Provide any other special requirements for safe and expeditious movement of traffic specified on the plans. Maintenance of Traffic (MOT) shall include all facilities, devices and operations as required for safety and convenience of the public within the work zone. B. Any traffic lane closures and detours will require a traffic control plan signed by a Florida Professional Engineer. Traffic control plans will be submitted to the city for review approval at least one week before construction. C. Do not maintain traffic over those portions of the project where no work is to be accomplished or where construction operation will not affect existing roads. Do not obstruct or create a hazard to any traffic during the performance of the work and repair any damage to the existing pavement open to traffic. PART 2 - PRODUCTS 2.1 MATERIALS A. All products will meet the following FDOT specification requirements: • Bituminous Adhesive • Work Zone Pavement markings • Paint and Thermoplastic • Removable Tape 2.2 TRAFFIC CONTROL DEVICES A. Use only the materials meeting the requirements of FDOT specification Section of the design standards and MUTCD. 2.3 TRAFFIC CONTROL STANDARDS A. FDOT Design standards are the minimum standards for the use in the development of all traffic control plans. The MUTCD part VI is the minimum national standard for traffic control for roadway construction, maintenance and utility operations. Follow the basic principles and minimum standards contained in these documents for the design, application, installation, maintenance and removal of all traffic control devices, warning devices and barriers which are necessary to protect the public and workers form hazards within the project limits. 2.4 MAINTENANCE OF ROADWAY A. Maintain all lanes that are being used for maintenance of traffic, including those on detours and temporary construction access, under all weather conditions. Keep the lanes reasonably free of dust, potholes and rutting. Provide the lanes with the drainage facilities necessary to maintain a smooth riding surface under all weather conditions. 2.5 NUMBER OF TRAFFIC LANES A. Maintain one lane of traffic in each direction of travel. Maintain two lanes of traffic in each direction at existing four lanes (or more) cross roads, where necessary to avoid undue traffic congestion. Construct each lane used for maintenance of traffic as least as wide as the traffic lanes existing in the area before commencement of construction. Do not allow traffic control and warning devices to encroach onto travel lanes used for MOT. B. The Engineer may allow the Contractor to restrict traffic to one-way operation for short -periods of time provided that the Contractor employs adequate means of traffic control and does not unreasonable delay traffic. When a construction activity requires restricting traffic to one-way operations, locate the flaggers within view of each other when possible. When visual contact between flaggers is not possible, equip them with 2 -way radios, official, or pilot vehicle(s), or use a portable traffic signal. 2.6 FLAGGERS A. Provide trained flaggers in accordance with Section 105 FDOT standards or MUTCD Part VI. 2.7 TEMPORARY TRAFFIC CONTROL DEVICES A. Install and maintain adequate traffic control devices, warning devices and barriers to protect the traveling public and workers, and to safeguard the work area. Erect the required traffic control devices, warning devices and barriers to prevent any hazardous conditions and in conjunction with any necessary traffic re-routing or detours. B. Notify the Engineer of any schedule operations which will affect traffic patterns or safety, sufficiently in advance of commencing such operation to permit the Engineers review and approval of the traffic control plan for the proposed installation of traffic control devices and warning devices and barriers. C. Keep traffic control devices, warning devices, safety devices and barriers in the correct position, properly directed, clearly visible and clean at all times. Immediately repair, replace or clean damaged, defaced or dirty devices or barriers. 2.8 BARRIER WALL (TEMPORARY) A. Furnish, install, maintain, remove and relocate a temporary barrier wall in accordance with the MOT plan and these supplemental specifications. Temporary concrete barrier wall for use on roadway sections will be in accordance with the FDOT Index 415 or 414 and the MUTCD Part VI. 2.9 PORTABLE CHANGEABLE MESSAGE SIGNS (PCMS) A. Furnish changeable message signs in accordance with the MOT plans and these special provisions. A typical 5 foot by 8 foot PCMS will be located as shown on the MOT plan as a stand alone maintenance of traffic device to provide construction information. PART 3 - EXECUTION 3.1 GENRAL TRAFFIC CONTROL SPECIFICATIONS A. Construction area signs for temporary traffic control shall be furnished, installed, maintained, and removed when no longer required in conformance with the provisions in these supplemental specifications. B. Use only when stationary mounted construction area signs are used. Attention is directed to the contractor to provide and furnish all required traffic control devices and signs per the design traffic management plan. C. Construction Project Information Signs shall be used and provided by the contractor. Attention is directed in the supplemental specifications regarding the number and type of construction project information signs to be furnished, erected, maintained, and removed and disposed of. D. Unless otherwise shown on the plans or specified in these special provisions, the color of construction area warning and guide signs shall have black legend and border on orange background. E. Use only when construction area signs are fluorescent orange in color. Orange background on construction area signs shall be fluorescent orange. F. Repair to construction area sign panels will not be allowed, except when approved by the Engineer. At nighttime under vehicular headlight illumination, sign panels that exhibit irregular luminance, shadowing or dark blotches shall be immediately replaced at the Contractor's expense. G. The Contractor shall notify the Engineer for operators of subsurface installations at least 5 working days, but not more than 14 calendar days, prior to commencing excavation for construction area sign posts. H. Excavations required to install construction area signs shall be performed by hand methods without the use of power equipment, except that power equipment may be used if it is determined there are no utility facilities in the area of the proposed post holes. The post hole diameter, if backfilled with Portland cement concrete, shall be at least 4 inches greater than the longer dimension of the post cross section. I. Construction area signs placed within 15 feet from the edge of the travel way shall be mounted on stationary mounted sign supports as specified in these supplemental specifications. J. The Contractor shall maintain accurate information on construction area signs. Signs that are no longer required shall be immediately covered or removed. Signs that convey inaccurate information shall be immediately replaced or the information shall be corrected. Covers shall be replaced when they no longer cover the signs properly. The Contractor shall immediately restore to the original position and location any sign that is displaced or overturned, from any cause, during the progress of work. K. The full width of the traveled way shall be open for use by public traffic when construction operations are not actively in progress. L. The full width of the traveled way shall be open for use by public traffic on Saturdays, Sundays, Special Days, designated legal holidays; after 3:00 p.m. on Fridays and the day preceding designated legal holidays; and when construction operations are not actively in progress.4 M. Work that interferes with public traffic shall be limited to the hours when lane closures are allowed. 4 N. Under one-way reversing traffic control operations, public traffic may be stopped in one direction for periods not to exceed 10 minutes. O. On days that lane closures are not allowed, one lane may be closed to maintain the seal coat surface as required in Standard Specifications. Lane closures to maintain the seal coat surface shall be restricted to daylight hours when public traffic will be least inconvenienced and delayed, as determined by the Engineer. P. Local authorities shall be notified at least 5 business days before work begins. The Contractor shall cooperate with local authorities to handle traffic through the work area and shall make arrangements to keep the work area clear of parked vehicle. Q. During bridge placement, the road may be closed and public traffic stopped for periods not to exceed one day. Detour signs will need to be placed to redirect traffic. R. When work vehicles or equipment are parked on the shoulder within 6 feet of a traffic lane, the shoulder area shall be closed with fluorescent orange traffic cones or portable delineators placed on a taper in advance of the parked vehicles or equipment and along the edge of the pavement at 25 -foot intervals to a point not less than 25 feet past the last vehicle or piece of equipment. S. The Contractor shall immediately restore to the original position and location a traffic cone or delineator that is displaced or overturned, during the progress of work. T. A minimum of one paved traffic lane, not less than 10 feet wide, shall be open for use by public traffic in each direction of travel. U. The Engineer may approve deviations if there is no significant increase in the cost to the project and if the work can be expedited and better serve the public traffic. V. Designated legal holidays are: January 1 st, the third Monday in February, the last Monday in May, July 4th, the first Monday in September, November 11 th, Thanksgiving Day, and December 25th. When a designated legal holiday falls on a Sunday, the following Monday shall be a designated legal holiday. When November 11 th falls on a Saturday, the preceding Friday shall be a designated legal holiday. END OF SECTION - 1 SECTION 2 TEMPORARY EROSION AND SEDIMENTATION CONTROL PART 1— GENERAL 1.1 DESCRIPTION A. Scope of work: 1. The Work related to temporary erosion and sedimentation control shall meet all requires per the St. John's River Water Management District (SJRWMD) and the City's NPDES Ordinance for providing, maintaining and removing temporary erosion and sedimentation controls as necessary. 2. The Work specified in this Section consists of designing, providing, maintaining and removing temporary erosion and sedimentation controls as necessary. 3. Temporary erosion controls include, but are not limited to, grassing, mulching, netting, watering and reseeding on-site surfaces and soil and borrow area surfaces, and providing interceptor ditches at end of berms and at those locations which will ensure that erosion during construction will be either eliminated or maintained within acceptable limits as established by the regulatory agencies having jurisdiction. 4. Temporary sedimentation controls include, but are not limited to, silt dams, traps, barriers, and appurtenances at the foot of sloped surfaces which will ensure that sedimentation pollution will be either eliminated or maintained within acceptable limits as established by the regulatory agencies having jurisdiction. 5. Contractor is responsible for providing effective temporary erosion and sediment control measures during construction or until final controls become effective. PART 2 - PRODUCTS 2.1 EROSION CONTROL A. Seeding, mulching, and sodding per City's requirement B. Netting: Fabricated of material acceptable to the City. SEDIMENTATION CONTROL A. Silt Fencing per FDOT standards B. Netting: Fabricated of material acceptable to the City. C. Filter Stone: Crushed stone conforming to FDIT specifications. D. Concrete Block: Hollow, non -load bearing type. E. Concrete: Exterior grade not less than one inch thick. PART 3 - EXECUTION 3.1 EROSION CONTROL 6 A. Minimum procedures for grassing are: 1. Scarify slopes to a depth of not less than six inches and remove large clods, rock, stumps, roots larger than %z -inch in diameter and debris. 2. Sow seed within twenty-four (24) hours after the ground is scarified with either mechanical seed drills or rotary hand seeders. 3. Apply mulch loosely and to a thickness of between 3/4 -inch and 1 %Z -inches. 4. Apply netting over mulched areas on sloped surfaces. 5. Roll and water seeded areas in a manner which will encourage sprouting of seeds and growing of grass. Reseed areas which exhibit unsatisfactory growth. Backfill and seed eroded areas. 3.2 SEDIMENTATION CONTROL A. Install and maintain silt dams, traps, barriers, and appurtenances as shown on the accepted descriptions and working drawings. Hay bales which deteriorate and filter stone which is dislodged shall be replaced. PERFORMANCE A. Should any of the temporary erosion and sediment control measures employed by the Contractor fail to produce results which comply with the requirements of the regulatory agency having jurisdiction, the Owner or Engineer, Contractor shall immediately take whatever steps are necessary to correct the deficiency at his own expense. END OF SECTION - 2 7 SECTION 3 SUBSURFACE INVESTIGATION PART 1- GENERAL 1.1 GENERAL A. The Contractor will be responsible to verify all sub -surface utilities prior to the start of construction. B. Bidders shall make their own interpretation of the data contained in this specification, and the Contractor shall not be relieved of liability under the contract for any loss sustained as a result of any variance between conditions indicated by or deduced from the test reports and the actual conditions encountered during the progress of the work. City conducted pavement borings and base testing of all streets identified in these specifications for pavement repairs and overlays. It is the contractor responsibility to verify the repair, patch and leveling locations as shown on the aerial plans Any available geotechnical reports are not part of this Contract Documents, but the technical data contained therein upon which the Contractor is entitled to rely as identified and established above are incorporated therein by reference only. END OF SECTION - 3 8 SECTION 4 CHEMICAL TREATMENT 3.1 DESCRIPTION Work to be performed by the Contractor under this section includes furnishing labor, materials, equipment and supervision required to perform chemical treatment of road surfaces and road edges for areas specified to be resurfaced. Chemical treatment is to be performed in conjunction with road resurfacing. 3.2 APPLICATION A. Contractor shall apply suitable chemicals for removal of all vegetation growing in cracks, crevices and/or upon the surface of roads and road edges. B. Contractor shall apply a sterilant to prevent growth of vegetation on road surfaces and road edges. C. Contractor shall be responsible to perform any additional treatments required to maintain the specified areas optimum condition prior to paving to insure no vegetation has been reestablished on road surfaces or road edges without any additional charge to the City. D. The area to be treated shall include road surfaces designated by the Contractor and specified by the City. The Contractor shall take care to avoid spraying chemicals on vegetation not specifically addressed by the order. E. Contractor shall use only chemicals that are approved by the appropriate Federal, State, or local agency for the intended purpose. In the event any chemical is banned by a Federal, State, or local agency during the term of the Contract or removed from production by the manufacturer, the Selected Contractor shall continue work using other chemicals. F. Contractor shall comply with the chemical manufacturers recommended application quantities and procedures. Care shall also be taken to avoid damage to lawns and shrubbery adjacent to the application area. G. Any damage occurred during chemical treatment will be punctually reported by the Contractor to the Inspector. The Inspector will determine what corrective action is required and inform the Contractor. The Contractor will punctually perform the required corrective action at the Contractor's expense. 3.3 ACCEPTANCE The Contractor shall notify the City when treatment is to be performed. The City shall inspect as work is being performed. 3.4 BASIS OF PAYMENT Payment shall be based on area treated. Under direction of inspector areas for treatment will be itemized on work orders with a computation of areas to be treated. Contractor shall invoice for the areas treated and will correlate with the work order. END OF SECTION — 4 SECTION 5 AGGREGATE MATERIALS PART 1- GENERAL 1.1 SECTION INCLUDES Aggregate Materials 1.2 RELATED SECTIONS A. Asphalt Paving 1.3 REFERENCE STANDARDS A. American Society for Testing and Materials (ASTM) latest edition. B. American Association of State Highway and Transportation Officials (AASHTO) latest edition. 1.4 QUALITY ASSURANCE Tests and analysis of aggregate material will be performed in accordance with standard ASTM and AASHTO procedures listed herein. 1.5 SUBMITTALS 1.6 If requested, submit in air tight containers a 50 pound sample of each aggregate or mixture that is to be incorporated into the project to the testing laboratory designated by the City/Owner. 1.7 Submit the name of each material supplier and specific type and source of each material. Any change in source throughout the job requires approval of the City/Owner. 1.8 Submit materials certificate to the City Engineer which is signed by material producer and Contractor, certifying that materials comply with, or exceed, the requirements herein. PART 2 - PRODUCTS 2.1 MATERIALS A. All construction and materials shall meet or exceed the requirements of this section and any state highway department specification section referred to or noted on the drawings which pertain to paving base course design, materials, preparation, and/or execution. All materials shall be as indicated in these specifications and shall comply with applicable latest state highway specification regarding source, quality, gradation, liquid limit, plasticity index, and mix proportioning. B. The following tables serve as a guide for the gradations of the various aggregate materials. Local availability and variances with each states requirement may change the gradations and parameters of these materials. The contractor shall indicate when submitting materials to be tested what the various applications will be. 10 TABLE 1. BASE/SUBBASE FOR PAVEMENT Sieve Size % Passigg For Material Passing the 100 #4 #40 Sieve 3" 100 Maximum Liquid Limit 30 1 %i" 85-100 Plasticity Index 0-10 Maximum 110 65-100 %z" 35-100 #4 30-85 #10 30-65 For Material Passing #10 Sieve #10 100 #40 20-100 #60 15-80 #200 8-40 TABLE 2. BEDDING FOR STOR�m DRAINS AND UTILITIES Sieve Size % Passing 3/8" 100 #200 0-10 TABLE 3. FILTER MATERIAL FOR UNDERDRAINS AND SELECT BACKFILL FOR RETAINING WALLS Sieve Size % Passing 3/8" 100 #4 80-100 #16 37-80 #50 5-30 #100 0-10 TABLE 4. SAND BACKFILL Sieve Size % Passing 3/8" 100 #4 92-100 #16 45-90 #50 3-35 #100 0-10 11 PART 3 - EXECUTION 3.1 STOCKPILING Stockpile on-site at locations indicated by the Engineer in such a manner that there will be no standing water or mixing with other materials. 3.2 BORROW SITES Upon completion of borrow operations, clean up borrow areas as indicated on the plans and in a neat and reasonable manner to the satisfaction of the Engineer. 3.3 TRANSPORTATION Off-site materials shall be transported to the project site using well maintained and operating vehicles. Once on the job site, all transporting vehicles shall stay on designated haul roads and shall at no time endanger any of the improvements by rutting, overloading or pumping the haul road. MEASUREMENT AND PAYMENT Measurement and payment for aggregate materials will be made at the contract unit price per square yard of base material and shall include full compensation for furnishing all labor, materials, tools, equipment, transportation, and incidentals in accordance with the Contract Documents. END OF SECTION 12 SECTION 6 PRIME AND TACK COATS FOR BASE COURSES 300-1 Description. Apply bituminous prime coats on previously prepared bases, and apply bituminous tack coats on previously prepared bases and on existing pavement surfaces. 300-2 Materials. 300-2.1 Prime Coat: For prime coat, use Cut-back Asphalt Grade RC -70 or RC -250 meeting the requirements of 916-3; Emulsified Asphalt Grades SS -1 or CSS -1, SS -111, or CSS -1H diluted in equal proportion with water; Emulsified Asphalt Grade AE -60, AE -90, AE -150, or AE -200 diluted at the ratio of six parts emulsified asphalt to four parts water; Special MS -Emulsion diluted at the ratio of six parts emulsified asphalt to four parts water; Asphalt Emulsion Prime (AEP), Emulsion Prime (RS Type), or EPR -1 Prime meeting the requirements of 9164, or other types and grades of bituminous material which may be specified in the Contract Documents. Where the above materials for use as a prime coat are to be diluted, certify that the dilution was done in accordance with this Section for each load of material used. The Contractor may select any of the specified bituminous materials unless the Contract Documents indicate the use of a specific material. The Engineer may allow types and grades of bituminous material other than those specified above if the Contractor can show that the alternate material will properly perform the function of prime coat material. 300-2.2 Cover Material for Prime Coat: Uniformly cover the primed base by a light application of cover material. However, if using EPR -1 prime material, the Engineer may waive the cover material requirement if the primed base is not exposed to general traffic and construction traffic does not mar the prime coat so as to expose the base. The Contractor may use either sand or screenings for the cover material. For the sand, meet the requirements as specified in 902-2 or 902-6, and for the screenings, meet the requirements as specified in 902-5. If exposing the primed base course to general traffic, apply a cover material that has been coated with 2 to 4% asphalt cement. Apply the asphalt coated material at approximately 10 lb/yd'. Roll the entire surface of asphalt coated prime material with a traffic roller as required to produce a reasonably dense mat. 300-2.3 Tack Coat: Unless the Contract Documents call for a specific type or grade of tack coat, use RA -500 meeting the requirements of 916-2, heated to a temperature of 250 to 300°F or undiluted Emulsified Asphalt Grades RS -1 h, RS -2, CRS -1 h, or NTS S-1 hm meeting the requirements of 916-4. Heat RS -1h, RS -2, CRS -1h, and NTSS-lhm to a temperature of 150 to 180°F. The Contractor may use RS- Ih modified to include up to 3% naphtha to improve handling of the material during the winter months of December, January and February or at any other time, as approved by the Engineer. For night paving, use RA -500 tack coat. The Engineer may approve RS -1 h, RS -2, CRS -1 h, or NTS S-1 hm for night paving if the Contractor demonstrates, at the time of use, that the emulsion will break and not affect the progress of the paving operation. 300-3 Equipment. 300-3.1 Pressure Distributor: Provide a pressure distributor that is equipped with pneumatic tires having a sufficient width of rubber in contact with the road surface to avoid breaking the bond or forming a rut in the surface. Ensure that the distance between the centers of openings of the outside nozzles of the spray bar is equal to the width of the application required, within an allowable variation of 2 inches. Ensure that the outside nozzle at each end of the spray bar has an area of opening not less than 25% or more than 75% in excess of the other nozzles. Ensure that all other nozzles have uniform openings. When the application covers less than the full width, the 13 Contractor may allow the normal opening of the end nozzle at the junction line to remain the same as those of the interior nozzles. 300-3.2 Sampling Device: Equip all pressure distributors and transport tanks with an approved spigot -type sampling device. 300-3.3 Temperature Sensing Device: Equip all pressure distributors and transport tanks with an approved dial type thermometer. Use a thermometer with a temperature range from 50 to 500°F with maximum 25°F increments with a minimum dial diameter of 2 inches. Locate the thermometer near the midpoint in length and within the middle third of the height of the tank, or as specified by the manufacturer (if in a safe and easily accessible location). Enclose the thermometer in a well with a protective window or by other means as necessary to keep the instrument clean and in the proper working condition. 300-4 Contractor's Quality Control. Provide the necessary quality control of the prime and tack coats and application in accordance with the Contract requirements. Provide in the Quality Control Plan, procedures for monitoring and controlling of rate of application. If the rate of application varies by more than 5% from the rate set by the Engineer or varies beyond the range established in 300-7or 300-8, immediately make all corrections necessary to bring the spread rate into the acceptable range. The Engineer may take additional measurements at any time. The Engineer will randomly check the Contractor's measurement to verify the spread rate. 300-5 Cleaning Base and Protection of Adjacent Work. Before applying any bituminous material, remove all loose material, dust, dirt, caked clay and other foreign material which might prevent proper bond with the existing surface for the full width of the application. Take particular care in cleaning the outer edges of the strip to be treated, to ensure that the prime or tack coat will adhere. When applying the prime or tack coat adjacent to curb and gutter, valley gutter, or any other concrete surfaces, cover such concrete surfaces, except where they are to be covered with a bituminous wearing course, with heavy paper or otherwise protect them as approved by the Engineer, while applying the prime or tack coat. Remove any bituminous material deposited on such concrete surfaces. 300-6 Weather Limitations. Do not apply prime and tack coats when the air temperature in the shade and away from artificial heat is less than 40°F at the location where the application is to be made or when weather conditions or the surface conditions are otherwise unfavorable. 300-7 Application of Prime Coat. 300-7.1 General: Clean the surface to be primed and ensure that the moisture content of the base does not exceed the optimum moisture. Ensure that the temperature of the prime material is between 100 and 150°F. The Engineer will designate the actual temperature to ensure uniform distribution. Apply the material with a pressure distributor. Determine the application amount based on the character of the surface. Use an amount sufficient to coat the surface thoroughly and uniformly with no excess. 300-7.2 Rate of Application: 300-7.2.1 Limerock, Limerock Stabilized, and Local Rock Bases: For these bases, use a rate of application that is not less than 0.10 gaUyd2, unless a lower rate is directed by the Engineer. Determine the application rate at the beginning of each day's production, and as needed to control the operation, a minimum of twice per day. 300-7.2.2 Sand -Clay, Shell and Shell Stabilized Bases: For these bases, use a rate of application that is not less than 0.15 gaUyd2, unless a lower rate is directed by the Engineer. 14 Determine the application rate at the beginning of each day's production, and as needed to control the operation, a minimum of twice per day. 300-7.3 Sprinkling: If so required by the Engineer, lightly sprinkle the base with water and roll it with a traffic roller in advance of the application of the prime coat. 300-7.4 Partial Width of Application: If traffic conditions warrant, the Engineer may require that the application be made on only 1/2 the width of the base at one time, in which case use positive means to secure the correct amount of bituminous material at the joint. 300-8 Application of Tack Coat. 300-8.1 General: Where the City Engineer requires a tack coat prior to laying a bituminous surface, apply the tack coat as specified herein below. 300-8.2 Where Required: In general, the Engineer will not require a tack coat on primed bases except in areas that have become excessively dirty and cannot be cleaned, or in areas where the prime has cured to the extent that it has lost all bonding effect. Place a tack coat on all asphalt base courses before placing the structural course. 300-8.3 Method of Application: Apply the tack coat with a pressure distributor except that on small jobs, if approved by the Engineer, apply it by other mechanical devices or by hand methods. Heat the bituminous material to a suitable temperature as designated by the Engineer, and apply it in a thin, uniform layer. 300-8.4 Rate of Application: Use a rate of application as defined in Table 300-1. Control the rate of application to be within f 0.01 gal/yd2 of the target application rate. The target application rate may be adjusted by the Engineer to meet specific field conditions. Determine the rate of application a minimum of twice per day, once at the beginning of each day's production and as needed to control the operation. When using RA -550, multiply the target rate of application by 0.6. Table 300-1 Tack Coat Application Rates Asphalt Mixture Type Underlying Pavement Surface Target Tack Rate 2) (gal/yd Newly Constructed Asphalt Layers 0.02 minimum Base Course, Structural Milled Surface or Oxidized and Cracked 0.06 Course, Dense Graded Friction Course Pavement Concrete Pavement 0.08 Open Graded Friction Newly Constructed Asphalt Layers 0.05 Milled Surface 0.07 Course 300-8.5 Curing and Time of Application: The Engineer will designate the curing period for the tack coat. Apply the tack coat sufficiently in advance of the laying of the bituminous mix to permit drying, but do not apply the tack coat so far in advance that it might lose its adhesiveness as a result of being covered with dust or other foreign material. 300-8.6 Protection: Keep the tack coat surface free from traffic until the subsequent layer of bituminous hot mix has been laid. 300-9 Method of Measurement. 300-9.1 General: The quantity specified will be the volume, in gallons of bituminous material actually applied and accepted. This spread rate will be determined from measurements made by the Contractor and verified by the Engineer based on tank calibrations, as specified in 300-9.2. Where it is specified that prime coat or tack coat material is to be diluted with water, the amount specified for the spread rate will be the volume after dilution. 300-9.2 Calibration of Tanks: Ensure that all distributors used for applying tack or prime coats are calibrated prior to use by a reliable and recognized firm engaged in calibrating tanks. Provide a certification of calibration and the calibration chart to the Engineer prior to use. In lieu of a 15 volumetrically calibrated distributor, use a distributor that is equipped with a calibrated meter and is approved by the Engineer. 300-9.3 Temperature Correction: Measure the volume and increase or decrease the volume actually measured to a corrected volume at a temperature of 60°F. Make the correction for temperature by applying the applicable conversion factor (K), as shown below. For petroleum oils having a specific gravity (60°F/60°F) above 0.966, K = 0.00035 per degree. For petroleum oils having a specific gravity (60°F/60°F) of between 0.850 and 0.966, K = 0.00040 per degree. For emulsified asphalt, K = 0.00025 per degree. When volume -correction tables based on the above conversion factors are not available, use the following formula in computing the corrections for volumetric change: Where: V= V' K(T -60)+1 V= Volume of the bituminous material at 60°F (pay volume). V 1= Volume of bituminous material as measured. K= Correction factor (Coefficient of Expansion). T= Temperature (in °F), of the bituminous material when measured. 300-10 Basis of Payment. There is no direct payment for the work specified in this Section, it is incidental to, and is to be included in the other items of related work. 16 SECTION 7 HOT MIX ASPHALT FOR LOCAL AGENCIES 334-1 Description. 334-1.1 General: Construct a Hot Mix Asphalt (HMA) pavement based on the type of work specified in the Contract and the Asphalt Work Categories as defined below. Meet the applicable requirements for plants, equipment, and construction requirements as defined below. Use a HMA mix that meets the requirements of this specification. 334-1.2 Asphalt Work Mix Categories: Construction of Hot Mix Asphalt Pavement will fall into one of the following work categories: 334-1.2.1 Asphalt Work Category 1: Includes the construction of bike paths. 334-1.2.2 Asphalt Work Category 2: Includes the construction of new HMA turn lanes, paved shoulders and other non -mainline pavement locations. 334-1.2.3 Asphalt Work Category 3: Includes the construction of new mainline HMA pavement lanes, milling and resurfacing. 334-1.3 Mix Types: Construct a HMA pavement with the type of mixture specified in the Contract. In the event a mix type is not identified in the Contract, use the appropriate HMA mix as shown in Table 334-1. Table 334-1 HMA Mix Types Asphalt Work Category Mix Types(l) Traffic Level 1 Type SP -9.5 A Structural Mixes: Types SP -9.5 2 or SP -12.5 B or C Friction Mixes: Types FC -9.5 or FC -12.5 Structural Mixes: Types SP -9.5 3 or SP -12.5 C Friction Mixes: Types FC -9.5 or FC -12.5 1(l) Equivalent mixes may be approved as determined by the Engineer. A Type SP or FC mix one traffic level higher than the traffic level specified in the Contract may be substituted, at no additional cost (i.e. Traffic Level B may be substituted for Traffic Level A, etc.). Traffic levels are as defined in section 334 of the Department's Standard Specifications for Road and Bridge Construction. 334-1.4 Gradation Classification: HMA mixes are classified as either coarse or fine, depending on the overall gradation of the mixture. Coarse and fine mixes are defined in 334-3.2.2. Use only fine mixes. The equivalent AASHTO nominal maximum aggregate size Superpave mixes are as follows: TypeSP -9.5, FC-9.5........................................................................9.5 mm Type SP -12.5, FC-12.5..................................................................12.5 mm 334-1.5 Thickness: The total pavement thickness of the HMA Pavement will be based on a specified spread rate or plan thickness as shown in the Contract Documents. Before paving, propose a spread rate or thickness for each individual layer meeting the requirements of this specification, which when combined with other layers (as applicable) will equal the plan spread rate or thickness. When the total pavement thickness is specified as plan thickness, the plan thickness and individual layer thickness will be converted to spread rate using the following equation: 23 Spread rate (lbs/yd-') = t x G.. x 43.3 where: t = Thickness (in.) (Plan thickness or individual layer thickness) GMM = Maximum specific gravity from the mix design For target purposes only, spread rate calculations shall be rounded to the nearest whole number. 334-1.5.1 Layer Thicknesses: Unless otherwise called for in the Contract Documents, the allowable layer thicknesses for HMA mixtures are as follows: Type SP -9.5, FC -9.5 ........................................................ 3/4 - 1 1/2 inches Type SP- 12.5, FC -12.5 .................................................1 1/2 - 2 1/2 inches 334-1.5.2 Additional Requirements: The following requirements also apply to HMA mixtures: 1. When construction includes the paving of adjacent shoulders (55 feet wide), the layer thickness for the upper pavement layer and shoulder shall be the same and paved in a single pass, unless otherwise called for in the Contract Documents. 2. For overbuild layers, use the minimum and maximum layer thicknesses as specified above unless called for differently in the Contract Documents. On variable thickness overbuild layers, the minimum allowable thickness may be reduced by 1/2 inch, and the maximum allowable thickness may be increased by 1/2 inch, unless called for differently in the Contract Documents. 334-1.6 Weight of Mixture: The weight of the mixture shall be determined as provided in 320-2.2 of the Florida Department of Transportation (FDOT) specifications. 334-2 Materials. 334-2.1 Superpave Asphalt Binder: Unless specified elsewhere in the Contract or in 334-2.3.3, use a PG 67-22 asphalt binder from the FDOT's Qualified Products List (QPL). If the Contract calls for an alternative binder, meet the requirements of FDOT Specifications Section 336 or 916, as appropriate. 334-2.2 Aggregate: Use aggregate capable of producing a quality pavement. For Category 2 and 3 projects, require the aggregate supplier to certify that the material meets FDOT requirements. For Type FC mixes, use an aggregate blend that consists of crushed granite, crushed Oolitic limestone, other crushed materials (as approved by FDOT for friction courses per Rule 14- 103.005, Florida Administrative Code), or a combination of the above. Crushed limestone from the Oolitic formation may be used if it contains a minimum of 12% silica material as determined by FDOT Test Method FM 5-510 and FDOT grants approval of the source prior to its use. As an exception, mixes that contain a minimum of 60% crushed granite may either contain: 1) up to 40% fine aggregate from other sources or 2) a combination of up to 20% RAP and the remaining fine aggregate from other sources. A list of aggregates approved for use in friction courses may be available on the FDOT's website. The URL for obtaining this information, if available, is: www.dot.state.fl.us/statematerialsoffice/quality/programs/qualitycontroUmaterialslistings/sources/friction course.pdf. 334-2.3 Reclaimed Asphalt Pavement (RAP) Material: 334-2.3.1 General requirements: RAP may be used as a component of the asphalt mixture, if approved by the Engineer. Usage of RAP is subject to the following requirements: 1. Limit the amount of RAP material used in the mix to a maximum of 50 percent by weight of total aggregate. 2. Provide stockpiled RAP material that is reasonably consistent in characteristics and contains no aggregate particles which are soft or conglomerates of fines. 3. Provide RAP material having a minimum average asphalt content of 4.0 percent by weight of total mix. The Engineer may sample the stockpile to verify that this requirement is met. 4. Use a grizzly or grid over the RAP cold bin, in-line roller crusher, screen, or other suitable means to prevent oversized RAP material from showing up in the completed recycle mixture. If 24 oversized RAP material appears in the completed recycle mix, take the appropriate corrective action immediately. If the appropriate corrective actions are not immediately taken, stop plant operations. 334-2.3.2 Material Characterization: Assume responsibility for establishing the asphalt binder content, gradation, viscosity and bulk specific gravity (Gsb) of the RAP material based on a representative sampling of the material. 334-2.3.3 Asphalt Binder for Mixes with RAP: Select the appropriate asphalt binder grade based on Table 334-2. Maintain the viscosity of the recycled mixture within the range of 5,000 to 15,000 poises. Table 334-2 Asphalt Binder Grade for Mixes Containing RAP Percent RAP Asphalt Binder Grade <20 PG 67-22 20-29 PG 64-22 >_ 30 Recycling Agent 334-3 Composition of Mixture. 334-3.1 General: Compose the asphalt mixture using a combination of aggregates, mineral filler, if required, and asphalt binder material. Size, grade and combine the aggregate fractions to meet the grading and physical properties of the mix design. Aggregates from various sources may be combined. 334-3.2 Mix Design: 334-3.2.1 General: Design the asphalt mixture in accordance with AASHTO R35-04, except as noted herein. Submit the proposed mix design with supporting test data indicating compliance with all mix design criteria to the Engineer. Prior to the production of any asphalt mixture, obtain the Engineer's conditional approval of the mix design. If required by the Engineer, send representative samples of all component materials, including asphalt binder to a laboratory designated by the Engineer for verification. The Engineer will consider any marked variations from original test data for a mix design or any evidence of inadequate field performance of a mix design as sufficient evidence that the properties of the mix design have changed, and at his discretion, the Engineer may no longer allow the use of the mix design. 334-3.2.2 Mixture Gradation Requirements: Combine the aggregates in proportions that will produce an asphalt mixture meeting all of the requirements defined in this specification and conform to the gradation requirements at design as defined in AASHTO M323-04, Table 3. Aggregates from various sources may be combined. 334-3.2.2.1 Mixture Gradation Classification: Plot the combined mixture gradation on an FHWA 0.45 Power Gradation Chart. Include the Control Points from AASHTO M323-04, Table -3, as well as the Primary Control Sieve (PCS) Control Point from AASHTO M323-04, Table 4. Fine mixes are defined as having a gradation that passes above or through the primary control sieve control point. Use only fine mixes. 334-3.2.3 Gyratory Compaction: Compact the design mixture in accordance with AASHTO T312-04. Use the number of gyrations as defined in AASHTO R35-04, Table 1. 334-3.2.4 Design Criteria: Meet the requirements for nominal maximum aggregate size as defined in AASHTO M323-04, as well as for relative density, VMA, VFA, and dust -to -binder ratio as specified in AASHTO M323-04, Table 6. 334-3.2.5 Moisture Susceptibility: Test 4 inch specimens in accordance with FM 1-T 283. Provide a mixture having a retained tensile strength ratio of at least 0.80 and a minimum tensile strength (unconditioned) of 100 psi. If necessary, add a liquid anti -stripping agent from the FDOT's Qualified Products List, or hydrated lime in order to meet these criteria. 25 In lieu of moisture susceptibility testing, add a liquid anti -stripping agent from the FDOT's Qualified Products List. Add 0.5% liquid anti -stripping agent by weight of binder. 334-3.2.6 Additional Information: In addition to the requirements listed above, provide the following information on each mix design: 1. The design traffic level and the design number of gyrations (Nd,,ign). 2. The source and description of the materials to be used. 3. The FDOT source number and the FDOT product code of the aggregate components furnished from an FDOT approved source (if required). 4. The gradation and proportions of the raw materials as intended to be combined in the paving mixture. The gradation of the component materials shall be representative of the material at the time of use. Compensate for any change in aggregate gradation caused by handling and processing as necessary. 5. A single percentage of the combined mineral aggregate passing each specified sieve. Degradation of the aggregate due to processing (particularly material passing the No. 200 sieve) should be accounted for and identified. 6. The bulk specific gravity (G,b) value for each individual aggregate and RAP component. 7. A single percentage of asphalt binder by weight of total mix intended to be incorporated in the completed mixture, shown to the nearest 0.1 percent. 8. A target temperature at which the mixture is to be discharged from the plant and a target roadway temperature. Do not exceed a target temperature of 330°F for modified asphalts and 315°F for unmodified asphalts. 9. Provide the physical properties achieved at four different asphalt binder contents. One shall be at the optimum asphalt content, and must conform to all specified physical requirements. 10. The name of the Mix Designer. 11. The ignition oven calibration factor. 334-4 Contractor Quality Control. Assume full responsibility for controlling all operations and processes such that the requirements of these Specifications are met at all times. Perform any tests necessary at the plant and roadway for quality control purposes. 334-5 General Construction Requirements. 334-5.1 Weather Limitations: Do not transport asphalt mix from the plant to the roadway unless all weather conditions are suitable for the laying operations. 334-5.2 Limitations of Laying Operations: 334-5.2.1 General: Spread the mixture only when the surface upon which it is to be placed has been previously prepared, is intact, firm, and properly cured, and is dry. 334-5.2.2 Air Temperature: Spread the mixture only when the air temperature in the shade and away from artificial heat is at least 40°F for layers greater than 1 inch (100 lb/yd2) in thickness and at least 45°F for layers 1 inch (100 lb/yd2) or less in thickness (this includes leveling courses). The minimum temperature requirement for leveling courses with a spread rate of 50 lb/yd2 or less is 50°F. 334-5.3 Mix Temperature: Heat and combine the ingredients of the mix in such a manner as to produce a mixture with a temperature at the plant and at the roadway, within a range of f30°F from the target temperature as shown on the mix design. Reject all loads outside of this range. 334-5.4 Transportation of the Mixture: Transport the mixture in vehicles previously cleaned of all foreign material. After cleaning, thinly coat the inside surface of the truck bodies with soapy water or an asphalt release agent as needed to prevent the mixture from adhering to the beds. Do not allow excess liquid to pond in the truck body. Do not use diesel fuel or any other hazardous or environmentally detrimental material as a coating for the inside surface of the truck body. Cover each load at all times. 26 334-5.5 Preparation of Surfaces Prior to Paving: 334-5.5.1 Cleaning: Clean the surface of all loose and deleterious material by the use of power brooms or blowers, supplemented by hand brooming where necessary. 334-5.5.2 Patching and Leveling Courses: Where the HMA is to be placed on an existing pavement which is irregular, wherever the plans indicate, or if directed by the Engineer, bring the existing surface to proper grade and cross-section by the application of patching or leveling courses. 334-5.5.3 Application over Surface Treatment: Where an asphalt mix is to be placed over a surface treatment, sweep and dispose of all loose material from the paving area. 334-5.5.4 Tack Coat: Apply a tack coat on existing pavement structures that are to be overlaid with an asphalt mix and between successive layers of all asphalt mixes, unless directed otherwise by the Engineer. Use a tack coat product meeting FDOT specifications. Use an emulsified tack coat spread rate of 0.02 to 0.08 gal/sy or as specified by the Engineer. 334-5.6 Paving: 334-5.6.1 Alignment of Edges: With the exception of pavements placed adjacent to curb and gutter or other true edges, place all pavements by the stringline method to obtain an accurate, uniform alignment of the pavement edge. Control the unsupported pavement edge to ensure that it will not deviate more than t 1.5 inches from the stringline. 334-5.6.2 Rain and Surface Conditions: Immediately cease transportation of asphalt mixtures from the plant when rain begins at the roadway. Do not place asphalt mixtures while rain is falling, or when there is water on the surface to be covered. Once the rain has stopped and water has been removed from the tacked surface to the satisfaction of the Engineer and the temperature of the mixture caught in transit still meets the requirements as specified in 334-5.3, the Contractor may then place the mixture caught in transit. 334-5.6.3 Checking Depth of Layer: Check the depth of each layer at frequent intervals, and make adjustments when the thickness exceeds the allowable tolerance of 1/4". Address any material outside of this tolerance per the direction of the Engineer. When making an adjustment, allow the paving machine to travel a minimum distance of 32 feet to stabilize before the second check is made to determine the effects of the adjustment. 334-5.6.4 Hand Spreading:'In limited areas where the use of the spreader is impossible or impracticable, spread and finish the mixture by hand. 334-5.6.5 Spreading and Finishing: Upon arrival, dump the mixture in the approved paver, and immediately spread and strike -off the mixture to the full width required, and to such loose depth for each course that, when the work is completed, the required weight of mixture per square yard, or the specified thickness, is secured. Carry a uniform amount of mixture ahead of the screed at all times. 334-5.6.6 Thickness of Layers: Construct each course of Type SP mixtures in layers of the thickness shown in 334-1.5.1. 334-5.7 Leveling Courses: 334-5.7.1 Patching Depressions: Before spreading any leveling course, fill all depressions in the existing surface more than 1 inch deep by spot patching with leveling course mixture, and compact thoroughly. 334-5.7.2 Spreading Leveling Courses: Place all courses of leveling with an asphalt paver or by the use of two motor graders, one being equipped with a spreader box. Other types of leveling devices may be used upon approval by the Engineer. 334-5.7.3 Rate of Application: When using Type SP -9.5 (fine graded) for leveling, do not allow the average spread of a layer to be less than 501b/yd`' or more than 75 lb/yd2. The quantity of mix for leveling shown in the plans represents the average for the entire project; however, the Contractor may vary the rate of application throughout the project as directed by the Engineer. When leveling in connection with base widening, the Engineer may require placing all the leveling mix prior to the widening operation. 334-5.8 Compaction: For each paving or leveling train in operation, furnish a separate set of rollers, with their operators. 27 When density testing for acceptance is required (Asphalt Work Category 3), select equipment, sequence, and coverage of rolling to meet the specified density requirement. Regardless of the rolling procedure used, complete the final rolling before the surface temperature of the pavement drops to the extent that effective compaction may not be achieved or the rollers begin to damage the pavement. When density testing for acceptance is not required (Asphalt Work Categories 1 and 2), use a rolling pattern approved by the Engineer. Use hand tamps or other satisfactory means to compact areas which are inaccessible to a roller, such as areas adjacent to curbs, headers, gutters, bridges, manholes, etc. 334-5.9 Joints. 334-5.9.1 Transverse Joints: Construct smooth transverse joints, which are within 3/16 inch of a true longitudinal profile when measured with a 15 foot manual straightedge. 334-5.9.2 Longitudinal Joints: For all layers of pavement except the leveling course, place each layer so that longitudinal construction joints are offset 6 to 12 inches laterally between successive layers. Do not construct longitudinal joints in the wheelpaths. The Engineer may waive these requirement where offsetting is not feasible due to the sequence of construction. 334-5.10 Surface Requirements: Construct a smooth pavement with good surface texture and the proper cross -slope. 334-5.10.1 Texture of the Finished Surface of Paving Layers: Produce a finished surface of uniform texture and compaction with no pulled, torn, raveled, crushed or loosened portions and free of segregation, bleeding, flushing, sand streaks, sand spots, or ripples. Correct any area of the surface that does not meet the foregoing requirements in accordance with 334-5.10.4. 334-5.10.2 Cross Slope: Construct a pavement surface with cross slopes in compliance with the requirements of the Contract Documents. 334-5.10.3 Pavement Smoothness: Construct a smooth pavement meeting the requirements of this Specification. Furnish a 15 foot manual and a 15 foot rolling straightedge meeting the requirements of FM 5-509. Make them available at the job site at all times during paving operations for Asphalt Work Category 3 and make them available upon request of the Engineer for Asphalt Work Categories 1 and 2. 334-5.10.3.1 Asphalt Work Category 3: 334-5.10.3.1.1 Acceptance Testing: Using a rolling straightedge, test the final Type SP structural layer and the Type FC layer, where a friction course is called for in the Contract. Test all pavement lanes where the width is constant using a rolling straightedge and document all deficiencies on a form approved by the Engineer. Notify the Engineer of the location and time of all straightedge testing a minimum of 48 hours before beginning testing. 334-5.10.3.1.2 Rolling Straightedge Exceptions: Testing with the rolling straightedge will not be required in the following areas: intersections, tapers, crossovers, parking lots and similar areas. In addition, testing with the rolling straightedge will not be performed on the following areas when they are less than 50 feet in length: turn lanes, acceleration/deceleration lanes and side streets. However, correct any individual surface irregularity in these areas that deviates from the plan grade in excess of 3/8 inch as determined by a 15 foot manual straightedge, and that the Engineer deems to be objectionable, in accordance with 334-5.10.4. The Engineer may waive or modify straightedging requirements if no milling, leveling, overbuild or underlying structural layer was placed on the project and the underlying layer was determined to be exceptionally irregular. 334-5.10.3.1.3 Final Type SP Structural Layer: Straightedge the final Type SP structural layer with a rolling straightedge behind the final roller of the paving train or as a separate operation. Address all deficiencies in excess of 3/16 inch in accordance with 334-5.10.4.2. If the Type SP layer is to be the final surface, corrections may be waived by the Engineer. Retest the corrected areas. 334-5.10.3.1.4 Friction Course Layer: Where a friction course is called for in the Contract, at the completion of all paving operations, straightedge the friction course either behind the 28 final roller of the paving train or as a separate operation. Address all deficiencies in excess of 3/16 inch in accordance with 334-5.10.4.3, unless waived by the Engineer. Retest all corrected areas. 334-5.10.3.2 Asphalt Work Categories 1 and 2: If required by the Engineer, straightedge the final structural layer with a rolling straightedge, either behind the final roller of the paving train or as a separate operation. Correct all deficiencies in excess of 5/16 inch in accordance with 334-5.10.4.2. Retest all corrected areas. If the Engineer determines that the deficiencies on a bicycle path are due to field geometrical conditions, the Engineer will waive corrections with no deduction to the pay item quantity. 334-5.10.4 Correcting Unacceptable Pavement: 334-5.10.4.1 General: Correct all areas of unacceptable pavement at no additional cost. 334-5.10.4.2 Structural Layers: Correct deficiencies in the Type SP structural layer by one of the following methods: a. Remove and replace the full depth of the layer, extending a minimum of 50 feet on both sides of the defective area for the full width of the paving lane. b. Mill the pavement surface to a depth and width that is adequate to remove the deficiency. (This option only applies if the structural layer is not the final surface layer.) 334-5.10.4.3 Friction Course: Correct deficiencies in the friction course layer by removing and replacing the full depth of the layer, extending a minimum of 50 feet on both sides of the defective area for the full width of the paving lane. 334-6 Acceptance of the Nurture. 334-6.1 General: The asphalt mixture will be accepted based on the Asphalt Work Category as defined below: 1) Asphalt Work Category 1 — Certification by the Contractor as defined in 334-6.2. 2) Asphalt Work Category 2 — Certification and quality control testing by the Contractor as defined in 334-6.3 3) Asphalt Work Category 3 — Quality control testing by the Contractor and acceptance testing by the Engineer as defined in 334-6.4. 334-6.2 Certification by the Contractor: On Asphalt Work Category 1 construction, the Engineer will accept the mix on the basis of visual inspection. Submit a Notarized Certification of Specification Compliance letter on company letterhead to the Engineer stating that all material produced and placed on the project was in substantial compliance with the Specifications. The Engineer may run independent tests to determine the acceptability of the material. 334-6.3 Certification and Quality Control Testing by the Contractor: On Asphalt Work Category 2 construction, submit a Notarized Certification of Specification Compliance letter on company letterhead to the Engineer stating that all material produced and placed on the project was in substantial compliance with the Specifications, along with supporting test data documenting all quality control testing as described in 334-6.3.1. If so required by the Contract, utilize an Independent Laboratory as approved by the Engineer for the quality control testing. The mix will also require visual acceptance by the Engineer. In addition, the Engineer may run independent tests to determine the acceptability of the material. 334-6.3.1 Quality Control Sampling and Testing Requirements: Perform quality control testing at a frequency of once per day. Obtain the samples in accordance with FDOT Method FM 1-T 168. Test the mixture at the plant for gradation (P_8 and P_-)oo) and asphalt binder content (Pb). Test the mixture on the roadway for density using six-inch diameter roadway cores obtained at a frequency of three cores per day. Determine the asphalt content of the mixture in accordance with FM 5-563. Determine the gradation of the recovered aggregate in accordance with FM 1-T 030. Determine the roadway density in accordance with FM 1-T 166. The minimum roadway density will be based on the percent of the 29 maximum specific gravity (Gmm) from the approved mix design. If the Contractor or Engineer suspects that the mix design Gmm is no longer representative of the asphalt mixture being produced, then a new Gram value will be determined from plant -produced mix with the approval of the Engineer. Roadway density testing will not be required in certain situations as described in 334-6.4.1. Assure that the asphalt content, gradation and density test results meet the criteria in Table 334-3. Table 334-3 Quality Control and Acce tance Values Characteristic Tolerance Asphalt Binder Content (percent) Target f 0.55 Passing No. 8 Sieve (percent) Target f 6.00 Passing No. 200 Sieve(percent) Target f 2.00 Roadway Density (average of three cores) 91.5% Gmm Roadway Density (any single core) 90.0 % Gmm 334-6.4 Quality Control Testing by the Contractor and Acceptance Testing by the Engineer: On Asphalt Work Category 3, perform quality control testing as described in 334-6.3.1. In addition, the Engineer will accept the mixture at the plant with respect to gradation (P_g and P_,)oo) and asphalt binder content (Pb). The mixture will be accepted on the roadway with respect to density. The Engineer will sample and test the material as described in 334-6.3.1. The Engineer will randomly obtain at least one set of samples per day. Assure that the asphalt content, gradation and density test results meet the criteria in Table 334-3. Material failing to meet these acceptance criteria will be addressed as directed by the Engineer. 334-6.4.1 Acceptance Testing Exceptions: When the total quantity of any mix type in the Project is less than 500 tons, or on Asphalt Work Category 1 construction, the Engineer will accept the mix on the basis of visual inspection. The Engineer may run independent tests to determine the acceptability of the material. Density testing for acceptance will not be performed on widening strips or shoulders with a width of 5 feet or less, variable thickness overbuild courses, leveling courses, first lift of asphalt base course placed on subgrade, miscellaneous asphalt pavement, or any course with a specified thickness less than 1 inch or a specified spread rate less than 1001bs/sy. In addition, density testing for acceptance will not be performed on the following areas when they are less than 1,000 feet in length: crossovers, intersections, turning lanes, acceleration lanes, deceleration lanes, or ramps. Compact these courses in accordance with a standard rolling procedure approved by the Engineer. In the event that the rolling procedure deviates from the approved procedure, placement of the mix will be stopped. 334-7 Method of Measurement. For the work specified under this Section, the quantity to be paid for will be the weight of the mixture, in tons. The bid price for the asphalt mix will include the cost of the liquid asphalt or the asphalt recycling agent and the tack coat application as specified in 334-5.5.4. There will be no separate payment or unit price adjustment for the asphalt binder material in the asphalt mix. 334-8 Basis of Payment. 334-8.1 General: Price and payment will be full compensation for all the work specified under this Section. 30 SECTION 8 GRASSING/SOD PART 1— GENERAL 1.1 SCOPE: A. This section includes the furnishing and installation of grassing materials at areas indicated in these specifications. B. Grading and filling the edge of pavement as needed to allow for surface drainage flow. C. Grassing shall be performed by a knowledgeable nurseryman or landscaping specialist knowledgeable with climate conditions and planting requirements of the geographical area. PART 2 — PRODUCTS 2.1 TOPSOIL: A. Topsoil shall be stockpiled for re -use in grass work. If quantity of stockpiled topsoil is insufficient, provide additional topsoil as required to complete grassing. 2.2 GRASS MATERIALS: A. SOD: 1. Shall be strongly rooted sod, not less than two years old, free of weeds and undesirable native grasses and machine cut to pad thickness of 2" (± 1/4"), excluding top growth and thatch. Provide only sod capable of vigorous growth and development when planted (viable not dormant). 2. Sod shall be famished in uniform pad sizes with maximum 5% deviation in length or width. Broken pads or uneven ends will not be acceptable. Sod pads incapable of supporting their own weight when suspended vertically with a firm grasp on upper 10% of pad will be rejected. 3. Sod shall be Argentine Bahia grass. PART 3 — EXECUTION 3.1 GENERAL: A. Utilities: Determine location of underground utilities and perform work in a manner which will avoid possible damage. Hand excavate, as required. B. Correlate planting with specified maintenance periods to provide maintenance to the date of Final Completion. 3.2 PREPARATION: A. Preparation for Planting Portions of Lawns: 1. Loosen subgrade of lawn areas to a minimum depth of 4". Remove stones over 1-1/2" in any dimension and sticks, roots, rubbish and other extraneous matter. Limit preparation to areas which will be planted promptly after preparation. 2. Spread topsoil to minimum depth required to meet lines, grades and specified elevations, after light rolling and natural settlement. Add specified soil amendments and mix thoroughly into upper 4" of topsoil. 31 3. Place approximately 1/2 of total amount of topsoil required. Work into top of loosened subgrade to create a transition layer and then place remainder of planting soil. Add specified soil amendments and mix thoroughly into upper 4" of topsoil. 4. Preparation of Unchanged Grades: Where lawns are to be planted in areas that have not been altered or disturbed by excavating, grading, or stripping operations, prepare soil for lawn planting as follows: Till to a depth of not less than 6"; apply soil amendments and initial fertilizers as specified; remove high areas and fill in depressions; till soil to a homogenous mixture of fine texture, free of lumps, clods, stones, roots and other extraneous matter. 5. Prior to preparation of unchanged areas, remove existing grass, vegetation and turf as indicated on grading drawings. Dispose of such material outside of Owner's property; do not turn over into soil being prepared for lawns. 6. Apply specified commercial fertilizer at rates specified and thoroughly mix into upper 2" of topsoil. Delay application of fertilizer if lawn planting will not follow within a few days. 7. Fine grade lawn areas to smooth, even surface with loose, uniformly fine texture. Roll, rake and drag lawn areas, remove ridges and fill depressions, as required to meet finish grades. Limit fine grading to areas which can be planted immediately after grading. 8. Moisten prepared lawn areas before planting if soil is dry. Water thoroughly and allow surface moisture to dry before planting lawns. Do not create a muddy soil condition. 3.3 SODDING NEW AREAS OF LAWNS: A. Lay sod within 24 hours from time of stripping. Do not plant dormant sod or if ground is frozen. B. Allow for sod thickness in areas to be sodded. It shall be the responsibility of the Contractor to bring the sod edge in a neat and clean manner to 1" below the elevation of edges of pavement and even with the elevation of edge of shrub areas. After placement of sod, a top dressing of organic soil shall be evenly applied over the entire surface and thoroughly washed in, if determined necessary by the Architect. Top dressing will not be required on properly installed sod. C. Lay sod to form a solid mass with tightly fitted joints. Butt ends and sides of sod strips; do not overlap. Stagger strips to offset joints in adjacent courses. Tamp or roll lightly to ensure a smooth, even surface that is in contact with subgrade. Work sifted organic soil into minor cracks between pieces of sod; remove excess to avoid smothering of adjacent grass. Roll sod as required to assure surface smoothness for ease of maintenance and ease of use. Fertilize as noted herein. D. Anchor sod on slopes with sod staples to prevent slippage. E. Water sod thoroughly with a fine spray immediately after planting. 3.4 MAINTENANCE: A. Begin maintenance immediately after planting. B. Maintain lawns for not less than the period stated below: 1. All lawns - not less than the date of Final Completion. 32 2. A minimum of one mowing of all grassed areas is required following the completion of seeding and/or sodding and irrigation system installation/sprinkler head adjustment for the purpose of verifying irrigation heads in need of adjustment (raising or lowering). Newly installed turf shall continue to be mowed/maintained by Contractor until landscaping is accepted by Owner. Turf height shall not exceed 4". In the event that grass is not regularly maintained by Contractor, then Contractor shall be responsible for removal of heavy grass clippings from site. 3. Maintain lawns by watering, fertilizing, weeding, mowing, trimming, and other operations such as rolling, regrading and replanting as required to establish a smooth, acceptable lawn, free of eroded or bare areas. 3.5 CLEANUP AND PROTECTION: A. During grassing work, keep pavements clean and work area in an orderly condition. B. Protect grassing work and materials from damage due to grassing operations, operations by other Contractors and trades and trespassers. Maintain protection during installation and maintenance periods. Treat, repair or replace damaged grass work as directed. 3.6 INSPECTION AND ACCEPTANCE: A. When grass work is completed, including maintenance, the Engineer will, upon request, make an inspection to determine acceptability. B. When inspected grassing work does not comply with requirements, replace rejected work and continue specified maintenance until re -inspected by the Engineer and found to be acceptable. Remove rejected plants and grassing materials promptly from project site MEASUREMENT AND PAYMENT Measurement and payment for grassing will be made at the contract price per lump sum of "Landscape — SOD" and shall include full compensation for furnishing all labor, materials, tools, equipment, transportation, and incidentals for grassing and sodding in accordance with the Contract Documents. END OF SECTION - 02820 33 RANGER CONSTRUCTION iNDUSTRII✓S, INN ML Street Reconstruction and Paving BiDue: No Later Than 2:00 PAL on March 28.2016 Bid Opening: Beginning at 2:00 PAL on March 28.2016 BID PROPOSAL PRICE FORM The undersigned having become thoroughly familiar with all of the Bidding Documents incorporated herein and having attended a Pre -Bid Conference / Meeting, hereby proposes to perform everything required to be performed in strict conformity with the requirements of these documents, meeting or exceeding the specifications as set forth herein for the price(s) quoted below. The price(s) quoted is (are) inclusive of any Addenda which may have been issued prior to this submittal. By the signature below, the Vendor agrees that this Bid Proposal is made without any other understanding, agreement, or connection with any person, corporation, or firm submitting a bid for the same purpose and that the bid is in all respects fair and without collusion or fraud. If awarded any work under this bid proposal, the Vendor agrees to enter into said agreement within ten (10) consecutive calendar days notice by the City, and agrees to all the terns and conditions of all documents stated herein with the City of Sebastian for the below stipulated price which shall remain firm for sixty (60) days following bid opening date. The City shall be entitled to liquidated damages in the amount of three hundred Dollars ($300.00) per day for every day that the Contractor is late in completing the work as stipulated in the agreement, and bidding documents. Said damages shall be deducted by the City from monies due Contractor. The contract time is 90 consecutive calendar days from start of work date. The Bid Items on the Project will be authorized for construction at the discretion of the City of Sebastian. Please complete the bid form sheet on the following page and submit Ranger Construction Industries, Inc. Nam of Fpm (Please Type or Print): 4510 Glades Cutoff Road, Ft. Pierce, FL 34981 Fnm's Address: (772) 464-6460 (772) 466-9559 estimating@rangerconstruction.com Tekpltoree Nturtber(s): Fax NumbWsr Ensad Address (es): F. Scott Fowler -Vice President Nance aW ylypeSi ) March 31, 2016 LWO Signed A-9 Concha Street (1,800 LF) 1. MOT 1 REVISED 03-16-2016 Bid Form $1,720.00 $ 1,720.00 2. Mill/Remove Sebastian Street Millinq Pavinq SY $ 2.85 RANGER CONSTRUCTION INDUSTRIc, 3. 8" Base Rock 8" Street Name Quantinty Units Unit Cost Amount Bevan Street (960 LF) 472 TN $ 85.00 1. MOT 1 LS $2,000.00 $ 2,000.00 2. Mill/Remove 2,350 SY $ 3.70 $ 8,695.00 3. 8" Base Rock 8" 0 SY $ - $ - 4. 2" Aphalt SP 12.5 277 TN $ 94.00 $ 26,038.00 S. Striping 1 LS $ 845.00 $ 845.00 6. Sod 1 LS $ 955.00 $ 955.00 Concha Street (1,800 LF) 1. MOT 1 LS $1,720.00 $ 1,720.00 2. Mill/Remove 4,000 SY $ 2.85 $ 11,400.00 3. 8" Base Rock 8" 0 SY $ - $ - 4. 2" Aphalt SP 12.5 472 TN $ 85.00 $ 40,120.00 5. Striping 1 LS $ 845.00 $ 845.00 6. Sod 1 LS $1,785.00 $ 1,785.00 Melrose Street (1,860 LF) 1. MOT 1 LS $1,720.00 $ 1,720.00 2. Mill/Remove 4,140 SY $ 2.75 $ 11,385.00 3. 8" Base Rock 8" 0 SY $ - $ - 4. 2" Aphalt SP 12.5 488 TN $ 85.20 $ 41,577.60 S. Striping 1 LS $ 845.00 $ 845.00 6. Sod 1 LS $1,845.00 $ 1,845.00 Benedictine Street (660 LF) 1. MOT 1 LS $1,720.00 $ 1,720.00 2. Mill/Remove 1,470 SY $ 5.70 $ 8,379.00 3. 8" Base Rock 8" 0 SY $ - $ - 4. 2" Aphalt SP 12.5 173 TN $ 116.00 $ 20,068.00 5. Striping 1 LS $ 845.00 $ 845.00 6. Sod 1 LS $ 655.00 $ 655.00 Schumann Drive (1050 LF) 1. MOT 1 LS $8,535.00 $ 8,535.00 2. Mill/Remove 3,765 SY $ 2.80 $ 10,542.00 3. 8" Base Rock 8" 0 SY $ - $ - 4. 2" Aphalt SP 12.5 430 TN $ 88.00 $ 37,840.00 5. Striping 1 LS $2,650.00 $ 2,650.00 6. Sod 1 LS $1,040.00 $ 1,040.00 TOTAL $244,049.60 �m OF SEBA,ST1%� �I _`_' City of Sebastian a .. 1225 Main Street " — RANGER CONSTRUCTION INDULT S ---- ---_ Sebastian, FL 32958 (772) 388-8228 HOME OF PELICAN ISLAND fax: (772) 388-8248 March 25, 2016 ADDENDUM NO.1 City of Sebastian Street Milling and Paving The following will be considered as Addendum No.1 to the bid documents and specifications for the Bid 16-01 Street Reconstruction and Paving. 1. Do you have an estimated start date? Response —Tentative schedule is to award this contract in April 2016 and start with Notice to Proceed in May 2016. 2. Estimated value? Response — Budget is $733,500. 3. Is there a bid bond? Response — Yes, Bid and Performance Bonds required. 4. Is there a bid tab or schedule of values to check the scope of work? Response — Attached is the updated bid form in excel format. 5. The bid schedule indicates sod to be installed but does not indicate where this is to occur. Please advise. Response — Sod will be needed to fill along any pavement edge cleared for paving. 6. Is any of the tonnage expressed in the bid schedule to be applied as a leveling course or is all of the asphalt to be placed in a single 2" lift? Response — Yes, if leveling is needed, it is included in the 2" lift. 7. The documents indicate areas of "patching" to be performed, is this left to the contractor's discretion to determine? Response — Patching areas will be discretion of contractor and approval by City Engineer 8. Is the intent to provide two (2) Portable Changeable Message Signs (PCMS) at each location paving is to be performed 14 days in advance (per fdot standards)? Response — PCMS will not be required, only standard MOT signage. 9. Most of the roads do not have any striping where the asphalt is to be installed. Please advise how we should bid those items? Response — Striping for stop bars on the side streets only. If none, no striping needed. 10. Where will erosion control measures be paid? Response — Any erosion control measures will be included with MOT bid item. Please sign and return this Addendum No. 1 with the bid package due on March 31, 2016. �0_. w^- 3/may/r6 Signature Date Page 1of1 RANGER CONSTRUCTIO I DRUG-FREE WORKPLACE FORM The undersigned Contractor, in accordance with Florida Statute 287.087 hereby certifies that Ranger Construction Industries, Inc. does: 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 about the dangers of drug abuse in the workplace, the business' policy of maintaining a drug free workplace, any available drug counseling, rehabilitation, 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 Paragraph 1. 4. In the statement specified in Paragraph 1, notify the employees that, as a condition of working on the commodities or contractual services that 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 1893 or of any controlled substance law of the United States or 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. 6. Make a good faith effort to continue to maintain a drug free workplace through implementation of Paragraph 1 through 5. As the person authorized to sign this statement, l certify that this firm complies fully with the above requirements. Date: March 31, 20164 oft Fowler Signature A-11 RANGER CONSTRUCTION INDUSTRItES, ISN+C. PUBLIC ENTITY CRIMES FORM Any person submitting a quote, bid, or proposal in response to this invitation or Agreement, must execute the enclosed form sworn statement under section 287.133(3)(a), FLORIDA STATUTES, ON PUBLIC ENTITY CRIMES, including proper check(s), in the space(s) provided, and enclose it with his quote, bid, or proposal. If you are submitting a quote, bid or proposal on behalf of dealers or suppliers who will ship commodities and receive payment from the resulting Agreement, it is your responsibility to see that copy(ies) of the form are executed by than and are included with your quote, bid, or proposal. Corrections to the form will not be allowed after the quote, bid, or proposal opening time and date. Failure to complete this form in every detail and submit it with your quote, bid, or proposal may result in immediate disqualification of your bid or proposal. The 1989 Florida Legislature passed Senate Bill 458 creating Sections 287.132 -133, Florida Statutes, effective July 1, 1989. Section 287.132(3)(d), Florida Statutes, requires the Florida Department of General Services to maintain and make available to other political entities a "convicted vendor" list consisting of persons and affiliates who are disqualified from public and purchasing process because they have been found guilty of a public entity crime. A public entity crime is described by Section 287.133, Florida Statutes, as a violation of any State or Federal law by a person with respect to and directly related to the transaction of business with any public entity in Florida or with an agency or political subdivision of any other state or with the United States, including, but not limited to, any bid or Agreement for goods or services to be provided to any public entity or with an agency or political subdivision and involving antitrust, fraud, theft, bribery, collusion, racketeering, conspiracy, or material misrepresentation. By law no public entity shall accept any bid from, award any Agreement to, or transact any business in excess of the threshold amount provided in Section 287.017, Florida Statutes, for category two (currently $10,000) with any person or affiliate on the convicted vendor list for a period of 36 months from the date that person or affiliate was placed on the convicted vendor list unless that person or affiliate has been removed from the list pursuant to Section 287.133(3)(fl, Florida Statutes. Therefore, effective October 1, 1990, prior to entering into an Agreement (formai Agreement or purchase order) in excess of the threshold amount of $10,000 to provide goods or services to THE CITY OF SEBASTIAN, a person shall file a sworn statement with the Contract/Agreement officer or Purchasing Director, as applicable. The attached statement or affidavit will be the form to be utilized and must be properly signed in the presence of a notary public or other officer authorized to administer oaths and properly executed. THE INCLUSION OF THE SWORN STATEMENT OR AFFIDAVIT SHALL BE SUBMITTED CONCURRENTLY WITH YOUR QUOTE OR BID DOCUMENTS. NON- INCLUSION OF THIS DOCUMENT MAY NECESSITATE REJECTION OF YOUR QUOTE OR BID. A-12 RANGER CONSTRUCTION , iii._ SWORN STATEMENT UNDER SECTION 287.133(3)(a), FLORIDA STATUTES, ON PUBLIC ENTTTY CRIMES THIS FORM MUST BE SIGNED IN THE PRESENCE OF A NOTARY PUBLIC OR OTHER OFFICER AUTHORIZED TO ADMINISTER OATHS. Street Reconstruction & 1. This sworn statement is submitted with Bid, Proposal or Agreement No. Paving for THE CITY OF SEBASTIAN. 2. This sworn statement is submitted by Ranger Construction industries, Inc. (name of entity submitting sworn statement) whose business address is 4510 Glades Cutoff Road, Ft. Pierce, FL 34981 and (if applicable) its Federal Employer Identification (FEIN) is 59-2098662 (If the entity has no FEIN, include the Social Security Number of the individual signing this sworn statement: NA ) 3. My name is F. Scott Fowler (please print name of individual signing) and my relationship to the entity named above is Vice President 4. I understand that a "public entity crime" as defined in Paragraph 287.133(l)(g), Florida Statutes. means a violation of any state or federal law by a person with respect to and directly related to the transaction of business with any public entity or with an agency or political subdivision of any other state or with the United States, including, but not limited to, any bid or Agreement for goods or services to be provided to any public entity or an agency or political subdivision of any other state or of the United States and involving antitrust, fraud, theft, bribery, collusion, racketeering, conspiracy, or material misrepresentation. 5. I understand that "convicted" or "conviction" as defined in Paragraph 287.133(1)(b), Florida Statutes. means a finding of guilt or a conviction of a public entity crime, with or without an adjudication of guilt, in any federal or state trial court of record relating to charges brought by indictment or information after July 1, 1989,, as a result of a jury verdict, nonjury trial, or entry of a plea of guilty or nolo contendere. 6. I understand that an "affiliate" as defined in Paragraph 287.133(1 xa), Florida Statutes, means: (1) A predecessor or successor of a person convicted of a public entity crime; or (2) An entity under the control of any natural person who is active in the management of the entity and who has been convicted of a public entity crime. The term "affiliate" includes those officers, directors, executives, partners, shareholders, employees, members, and agents who are active in the management of an affiliate. The ownership by one person of shares constituting a controlling interest in another person, or a pooling of equipment or income among persons when not for fair market value under an arm's length agreement, shall be a prima facie case that one person controls another person. A person who knowingly enters into a joint venture with a person who has been convicted of a public entity crime in Florida during the preceding 36 months shall be considered an affiliate. 7. I understand that a "person" as defined in Paragraph 287.133(1)(e), Florida Statutes. means any natural person or entity organized under the laws of any state or of the United States with the legal power to enter into a binding Agreement and which bids or applies to bid on Agreements for the A-13 RANGER CONSTRUCT►0 N , provision of goods or services let by a public entity, or which otherwise transacts or applies to transact business with a public entity. The term "person" includes those officers, directors, executives, partners, shareholders, employees, members, and agents who are active in management of an entity. 8. Based on information and belief, the statement which I have marked below is true in relation to the entity submitting this sworn statement. (Please indicate which statement applies.) X Neither the entity submitting this sworn statement, nor any officers, directors, executives, partners, shareholders, employees, members, or agents who are active in management of the entity, nor any affiliate of the entity have been charged with and convicted of a public entity crime subsequent to July 1, 1989. The entity submitting this sworn statement, or one or more of the officers, directors, executives, partners, shareholders, employees, members or agents who are active in management of the entity, or an affiliate of the entity has been charged with and convicted of a public entity crime subsequent to July 1, 19899 AND (Please indicate which additional statement applies.) There has been a proceeding concerning the conviction before a hearing officer of the State of Florida, Division of Administrative Hearings. The final order entered by the hearing officer did not place the person or affiliate on the convicted vendor list. (Please attach a copy of the final order.) The person or affiliate was placed on the convicted vendor list. There has been a subsequent proceeding before a hearing officer of the State of Florida, Division of Administrative Hearings. The final order entered by the hearing officer determined that it was in the public interest to remove the person or affiliate from the convicted vendor list. (Please attach a copy of the final order.) The person or affiliate has not been placed on the list. (Please describe any action taken by or pending with the Dep al . Scott Fowler Signa ) Date: March 31, 2016 STATE OF FLORIDA COUNTY OF Orange The foregoing instrument was acknowledged before me this F. Scott Fowler Vice President Ranger Construction Industries. Inc. (name of partnership), a peep. H% produced Pers awn as K. ••601SSlpN yG 'Ober 7I �fc • "*: Wim• • #FF04f3582 96906 'A111 f 111 110 and dV (x) NA&e' Paul K. Ca My Commission 31 day of March , 2016 (title) on behalf by of ie is mrsonally known to me or has 12117121017 Commission Number: FF046582 A-14 RANGER CONSTRUCTION h'; BIDDER QUALIFICATION QUESTIONNAIRE (This fawn is pat required to be included in the bid proposal submittal. However, prior to any Contract Award, such Bidder Qualification Questialnaire must be completed and submitted by the Bidder. and mviewed and approved by the City.) Submitted by Ranaer C Name of Bidder General Contractor's License # GCG 031554 ( ) An Individual ( ) A Partnership (x) A Corporation Federal Identification # 59-2098662 Principal Office Address: 101 Sansbury's Way, West Palm Beach, FI 33411 (1) How many years has your organization been in business as a contractor under your present name? 34 years (2) How many years experience in road and utility construction work has your organization had as a contractor? 34 years As a Subcontractor? 34 years (3) List below the requested information concerning projects your organization has completed in the last five (5) years for the type of work required in this project. (Use additional sheets if necessary). Include the type of work similar to the work included in this contract if possible. Project Contract Required Actual Name/Address/Tel Title -Amo untCompletion Date Completion Date of Owner Villago of Wellington annual milling and resurfacing 2012.2013.2014-2015 $5,988,122 Village of Wellington Judy Rlos/12300 Forest Hill Blvd., Wellington, FL! (561) 7914064 Palm Beach Gardens annual ffdWV aourf cing 2012-2013-2014-2015 $352,105.12 City of Royal Palm Beach Michael Marrow/1050 Royal Palm Beach Blvd, Royal Palm Beach, FL 33411 I (561) 79051001 SR 60 Raysfacing MeeBan River County S1'648,769.32 Completed: Feb 2313 Indian River County Glenn Bridges 11800 27th Street Vero Beach FI 329601(321 )388.5667 Blue Heron 6 Congress Ave. Muting 3 Resurfacing July 2015 $1,456,526 Palm Beach County Eng. 6 Public Warks John Corcoran/ 2300 N. Jog Rd, West Palm Beach, FL 334111 (561) 684-4000 A-!5 RANGER CONSTRUC.Tl(D.-F� (4) Have you ever failed to complete any work awarded to you? If so, where and why? No (5) Has any officer or partner of your organization ever been an officer or partner of some other organization that failed to complete a construction contract? If so, state name of individual, name of other organization, and reason therefore. No (6) Has any officer or partner of your organization ever failed to complete any construction contract handled in his own name? If so, state name of individual, name of owner and reason therefore. No (7) Give below any information which would indicate the size and capacity of your organization, including number of employees, equipment owned by your organization, etc., which are available for utilization on this Contract. Please see attachment #1 (8) What is your bonding capacity? $750,000,000 (9) What amount of your bonding capacity has been used as of the date of this bid? $250,000,000 (10) How many applications for performance and payment bonds have you made in the last three (3) years? 350 (11) How many of these applications were not approved? None A-16 RANGER CONSTRUCTION (12) Have any claims been filed against your surety bond company in the last five (5) years? If so, describe the nature of the claims and give the names of the surety companies, dates of each claim, identifAM numbers of each claim, amounts of each claim, and the status of each claim. (Use additional sheets if necessary.) No (13) Have your company been in disputes or litigations in the last five (5) years over construction projects which are completed or still pending for completion? If so, describe the nature of the disputes or litigations and state the Owners Name, Address, Telephone, and amount ofdisputes or litigations. (Use additional sheets ifnecessaiy.) Yes, please see attachment #2 I, the undersigned, do hereby declare that the foregoing statements are true and correct, all as of the date hereinafter set forth, and that those examining this document have my permission to contact any or all of those parties listed in this questionnaire. Incorrect or misleading statements in this questionnaire shall be grounds for a determination of non -responsibility with respect to such contractor. «««*•«««*«*«««*««««*«s«s««*««# ««*«**««ter*«***«««*«#*«*«««««***** F. Scott Fowler TURE OF BIDDER) Ranger Construction Industries, Inc. (TYPE OR PRINT COMPANY NAME) 4510 Glades Cutoff Road, Ft Pierce, FL 34981 (TYPE OR PRINT ADDRESS) A-17 STATE OF FLORIDA) COUNTY OF INDIAN RMR) CITY OF SEBASTIAN RANGER CONSTRUCTION INDUS TIMES, 11IN'C. BID BOND KNOWN ALL MEN BY THESE PRESENTS, that Ranger Construction Industries, Inc. As Principal, and Travelers Casualty and Surety Company as Surety, are held and firmly bound unto the City of Sebastian, in the penal sum of Five Percent (5%) of The Base Bid _(Dollars) S 5% of es:e sd , law1W money of the United States of America, for the payment of which sum well and truly to be made, we bind ourselves, our heirs, executors, administrators, and successors, jointly and severally, firmly by these presents. THE CONDITION OF THIS OBLIGATION IS SUCH, that whereas the Principal has submitted the accompanying bid dated 3/3112016 , for. Street Reconsruction and Paving City of Sebastian NOW THEREFORE, (a) The Principal shall not withdraw said bid within ninety (90) days after date of opening the sante and shall within twenty (20) days after the prescribed forms are presented to him for signature, enter into a written contract with the City, in accordance with the proposal as accepted, and give bond with good and sufficient surety of sureties, as required, for the faithful performance and proper fulfillment of such contract; and, (b) In the event of the withdrawal of said bid within the period specified, or the failure to enter into such contract and give bond within the time specified, if the principal shall pay the City the difference between the amount specified in said bid and the amount for which the city may procure the required work and supplies, if the latter amount be in excess of the former, then the above obligation shall be void and of no effect, otherwise to remain in full force and virtue. IN WITNESS WHEREOF, the above -bounded parties have executed this instrument under their several Seals this 31 st day of March 2016 , The name and corporate seal of each corporate party being hereto affixed and these presents duly signed by its undersigned representative. Pursuant to authority of its governing body. WITNESS: If Sole Ownership or Partner ship, one (1) Witness is required. If Corporation, Secretary only will attest dt affix seat.) PRINCIPAL: Ranger Construction Industries, Inc. Name of Firm l Affix Seal (S of Authorized Officer) Corporate Secretary 1200 Elboc Way (Business Address) A-18 Winter Garden, FL 34787 (City) (State) (Zip) SURETY: Travelers Caeuilty and Surety Witness (Si of rtaed Wtllia Phelps. Al ney-In-Fad and FL Resident Agent (Ti O Towe Square, 5PB (AAsiness Address) Hartford CT 06183 (City) (State) (Zip) George H. Friedlander Company (Name of Local Insurance Agency) 447 Montreal Ave., Melbourne, FL 32935 (Address) The rate of premium of this bond is Included in Bond Service Undertaking per thousand. Total amount of premium charges Included in Bond Service Undertaking (The above must be filled in by Corporate Surety.) CERTIFICATES AS TO CORPORATE PRINCIPAL certify that I am tate Secretaryof dwCorporation named as Principal in the within bond, that Scott Fowler who signed the said bond on behalf of Ranger Construction Industries, Inc. the principal, was then Vice President ofsaid corporation; that I know his signature, and his signature hereto is genuine; and that said bond was duly signed, sealed, and attested fro and on behalfof said corporation of its governing body. (Corporate seal) State of Florida County of Indian River City of Sebastian Before me, a Notary Public duly commissioned, qualified and acting, personally appeared; William Phelps to me well lmown, who being by race first duly sworn upon oath, says that he is the atto in fact for the Travelers Casualty and Surety Company , and that he rixe by Con =a A therein favor of the City of Sebast#an, Florida. has been ay S ri before me this 31 St day of March 2016 , NOK.lt�Vy l��/��i�// PublIc:� •••....• � \\ •• MIs •:��s ppb er My Commission Expires = • �9• �O • •,• vca i • ,�'��r/NJJATE 1N� WARNING: THIS POWER OF ATTORNEY IS INVALID WITHOUT THE RED BORDER TRAVELERS POWER OF ATTORNEY Farmington Casualty Company St. Paul Mercury Insurance Company Fidelity and Guaranty Insurance Company Travelers Casualty and Surety Company Fidelity and Guaranty Insurance Underwriters, Inc. Travelers Casualty and Surety Company of America St. Paul Fire and Marine Insurance Company United States Fidelity and Guaranty Company St. Paul Guardian Insurance Company Attorney -In Fact No. 215719 Certificate No. 006627000 KNOW ALL HIEN BY THESE PRESENTS: That Farmington Casualty Company, St. Paul Fire and Marine Insurance Company. St. Paul Guardian Insurance Company, St. Paul Mercury Insurance Company, Travelers Casualty and Surety Company. Travelers Casualty and Surety Company of America, and United States Fidelity and Guaranty Company are corporations duly organized under the laws of the State of Connecticut, that Fidelity and Guaranty Insurance Company is a corporation duly organized under the laws of the State of Iowa, and that Fidelity and Guaranty Insurance Underwriters, Inc., is a corporation duly organized under the laws of the State of Wisconsin (herein collectively called the "Companies"). and that the Companies do hereby make, constitute and appoint William Phelps of the City of Melbourne , State of Florida , their true and lawful Attorneys) -in -Fact. each in their separate capacity if more than one is named above, to sign, execute, seal and acknowledge any and all bonds, recognizances, conditional undertakings and other writings obligatory in the nature thereof on behalf of the Companies in their business of guaranteeing the fidelity of persons, guaranteeing the performance of contracts and executing or guaranteeing bonds and undertakings required or permitted in any actions or proceedings allowed by law. IN WITNESS WHEREOF, the Companies have caused this instrument to be signed and their corporate seals to be hereto affixed, this day of January 2016 Farmington Casualty Company Fidelity and Guaranty Insurance Company Fidelity and Guaranty Insurance Underwriters, Inc. St. Paul Fire and ivlarine Insurance Company St. Paul Guardian Insurance Company 28th St. Paul Mercury Insurance Company Travelers Casualty and Surety Company Travelers Casualty and Surety Company of America United States Fidelity and Guaranty Company pAStlq� '� �t1PE 6 *K,!MfG SNSL- *�tY+NO i IVA e{ORPORAT'yi �E,� op y0;) y4 '' Jii <► a� 'i'�Ntt Y aJ F:C► �:PORgtf;r� a ^ " �• ' " c� ;HARTFORD. < 1�ASEAL:o"; �'SEhL'3 �, ot �d.••.. � RAliGt 1Nr 1...•�b State of Connecticut City of Hartford ss. By: Robert L. Raney. enior Vice President On this the 28th day of January 2016 , before me personally appeared Robert L. Raney. who acknowledged himself to be the Senior Vice President of Farmington Casualty Company, Fidelity and Guaranty Insurance Company, Fidelity and Guaranty Insurance Underwriters, Inc.. St. Paul Fire and Marine Insurance Company, St. Paul Guardian Insurance Company, St. Paul Mercury Insurance Company, Travelers Casualty and Surety Company. Travelers Casualty and Surety Company of America, and United States Fidelity and Guaranty Company, and that he, as such, being authorized so to do, executed the foregoing instrument for the purposes therein contained by signing on behalf of the corporations by himself as a duly authorized officer. �.TII'T ^ r In Witness Whereof, I hereunto set my hand and official seal. Tei�AWAA My Commission expires the 30th day of June, 2016. p�LIG Marie C. Tetreault, Notary Public 58440-8-12 Printed in U.S.A. WARNING: THIS POWER OF ATTORNEY IS INVALID WITHOUT THE RED BORDER Form W-9 I Reauest for Taxoaver I Give Form to the (Rev. December 2011) Identification Number and Certification requester. Do not Department of the Treasury send to the IRS. Intemal Revenue Service Name (as shown on your income tax return) Ranger Construction Industries, Inc. name/disregarded entity name, if different from above Check appropriate box for federal tax classification: ❑ Individuaysole proprietor ❑✓ C Corporation ❑ S Corporation ❑ Partnership ❑ Trust/estate ❑ Limited liability company. Enter the tax classification (C=C corporation, S=S corporation, P=partnership) ► (_J Other (see instructions) ► Address (number, street, and apt. or suite no.) 1200 Elboc way City, state, and ZIP code Winter Garden, FL 34787 List account number(s) here (optional) name and address Exempt payee RNMIll Taxpayer Identification Number (TIN) Enter your TIN in the appropriate box. The TIN provided must match the name given on the "Name" line I Social security number to avoid backup withholding. For individuals, this is your social security number (SSN). However, for a resident alien, sole proprietor, or disregarded entity, see the Part I Instructions on page 3. For other - entities, it is your employer identification number (EIN). If you do not have a number, see Now to get a I F1 I TIN on page 3. Note. If the account is in more than one name, see the chart on page 4 for guidelines on whose Employer identification number number to enter. F—T--1 Under penalties of perjury, I certify that: 1. The number shown on this form is my correct taxpayer identification number (or I am waiting for a number to be issued to me), and 2. 1 am not subject to backup withholding because: (a) I am exempt from backup withholding, or (b) I have not been notified by the Internal Revenue Service (IRS) that I am subject to backup withholding as a result of a failure to report all interest or dividends, or (c) the IRS has notified me that I am no longer subject to backup withholding, and 3. 1 am a U.S. citizen or other U.S. person (defined below). Certification instructions. You must cross out item 2 above if you have been notified by the IRS that you are currently subject to backup withholding because you have failed to report all interest and dividends on your tax retum. For real estate transactions, item 2 does not apply. For mortgage interest paid, acquisition or abandonment of secured property, cancellation of debt, contributions to an individual retirement arrangement (IRA), and generally, payments other than interest and dividends, you are not required to sign the certification, but you must provide your correct TIN. See the instructions on page 4. n Sign Signature of Here U.S. perso Date ► March 31, 2016 General Instructions r Section references are to the Internal Revenue Code unless otherwise noted. Purpose of Form A person who is required to file an information return with the IRS must obtain your correct taxpayer identification number (TIN) to report, for example, income paid to you, real estate transactions, mortgage interest you paid, acquisition or abandonment of secured property, cancellation of debt, or contributions you made to an IRA. Use Form W-9 only if you are a U.S. person (including a resident alien), to provide your correct TIN to the person requesting it (the requester) and, when applicable, to: 1. Certify that the TIN you are giving is correct (or you are waiting for a number to be issued), 2. Certify that you are not subject to backup withholding, or Note. If a requester gives you a form other than Form W-9 to request your TIN, you must use the requester's form if it is substantially similar to this Form W-9. Definition of a U.S. person. For federal tax purposes, you are considered a U.S. person if you are: • An individual who is a U.S. citizen or U.S. resident alien, • A partnership, corporation, company, or association created or organized in the United States or under the laws of the United States, • An estate (other than a foreign estate), or • A domestic trust (as defined in Regulations section 301.7701-7). Special rules for partnerships. Partnerships that conduct a trade or business in the United States are generally required to pay a withholding tax on any foreign partners' share of income from such business. Further, in certain cases where a Form W-9 has not been received, a partnership is required to presume that a partner is a foreign person, and pay the withholding tax. Therefore, if you are a U.S. person that is a 3. Claim exemption from backup withholding if you are a U.S. exempt partner in a partnership conducting a trade or business in the United payee. If applicable, you are also certifying that as a U.S. person, your States, provide Form W-9 to the partnership to establish your U.S. allocable share of any partnership income from a U.S. trade or business status and avoid withholding on your share of partnership income. Is not subject to the withholding tax on foreign partners' share of effectively connected income. Cat. No. 10231X Form W-9 (Rev. 12-2011) �Je.�'I1L�i11���� � , • _ 1915•x.2015 Fixiala Depai rtmentof, Trns, RICKSCOW 603 Suwannee Stet M BOXOLD GOVERNOR Tallahassee, 1132399-0450 S£CRE'!'ARY April 20, 2015 RANGER CONSTRUCTION INDUSTRIES, INC. 101 SANSBURY'S WAY NEST PALM BEACH FL 33411 RE: CERTIFICATE OF QUALIFICATION Dear SirfWadam: mt, , 1..,.. .. f m- --_ -- -.d. - i11LZ DGI✓C�._C.141�-+lsl. Vl 1tn11J�JV.L4QLil�llt flr1]• u�aiiried your compa;iy tor tr_e type of work indicated below. Unless your company is notified otherwise, this Certificate of Qualification will expire 5/30/2015. However, the new application is due a/3� tD�6, iw.: S .337. '1-4 i.1•, . 3 . von:c za=t apz,_�.ira' son a119 i be si 1s3 within (4) mantha of _ ng data of the ..pp_i., � o awZi.tad' annual fiaanc a3 states cs and; if aip:�? cabla, shy+ anidit-ad iratexim finanaza? statc,e,,nts. Sections 337.14 (4) F.S. provides that your certificate will be valid for 18 months after your financial statement date. This gives a two month period to allow you to bid on jobs as we ur�cess your new application for qualification. To remain qualified wi th the Department, a new application must be submitted subsequent to any significant change in the financial position or the structure of you_ firm as described in Section 14-22.005(3), Florida Adiainistrative Code. - You= Mani -mum capaci-ty _atilnsr has been as•tabl.ishad based on I A-721ditad Reviewed fananclal sta emants. To access it, please log into the Contractor Prequalification Application System via the following link: htIps://www3.dot.state.fl.us/ContractorPreQualificatioi/ Once ?ogged in, select "View' for the most recently approved application, and then click the "Manage' and "Application Summary" tabs. 70x' A—PPROMI WORK C'L•USES : DEBRIS REMOVAL (EMERGENCY) , DRAINAGE, ENCING, EUX113LE PAVING, GRADTNG, GRASSING; SEEDING AND SODDING, GUARDRAIL; HOT PLANT -MIXED BITUM. COURSES, INTERMEDIATE BRIDGE3, t4INCiR BRIDGES, PORTLAND CEMENT CONCRETE ROADWAY PAVING,, ROADWAY SIGNING FST APPR;0F9t- 3I'ECZh.T,1T7_ C:��-�BES OF MRI,: 124DERGROt7H'.D UTILITY AND RIP RAP. You may apply, in writing, for a Revised Certificate of Qualification at any time prior to the expiration date of this certificate according to Section 14-22,0041(3), Florida Administrative Code. Please be advised if certification in additional classes of work is desired, documentation is needed to show that your company has done such work with your own forces and equipment or that experience was gained with another contractor and that you have the necessary equipment for each additional class of work requested. 3M:cj Sincerely, -� 3uanita Moore, Manager Contracts Administration Office www.dot.stateAus STATE OF FI -Ci IDA DEPARTMENT OF BUSIMESS AND PROFESSIONAL REGULATION CONSTRUCTION INDUST RY LICENSING HOARD (850) 487-13@5 1940 NORTH MONROE STREET TALLAHASSEE FL 32399-0783 KRACUNAS, MICHAEL B RANGER CONSTRUCTION INDUSTRIES, INC. 9174 REED DRIVE PALM BEACH GARDENS FL 33410 Congrsiuladonsi 6Vth dlia licenss you bcam ee one r me neaiy onc mAien Floc dlAns €tensed h++t a ?epar? ren? of ��s nass and Proiesslonal P,sguladan. 011r proiessiorals and businesses r ansa from arf tots to Ya+th"• b okers, ram borers to r�meq ur i estauran s, and They keep Fforids's aacr:orp strong. Every day we Work to Improve the way we do business in order to neve you better. For Iniurmallon about our aenhtes, plesss log into nnuw.my6erialalleense.eon. There you can Told more in%ma`uor about our dhiislons end the r uiaticxs that impact Jou, subscribe A ms depafbnt newsleds s int learn mors about the Depanman s inmato;es. Our mission at the Deparimeat is: L owse Emciarr�fy, Regaista Fairly. Tato aonsiantiy eTMe to serva you better so thet you can sell's your customers. Thank ycu'ior Aoirq business in Florida, and congraiuiedons on your rs<r;1 icensel DETACH HERE STATE OF FLORIDA DEPARTMENT OF BUSINESS Ahab PROFESSIONAL REGULATION CGC0315.-54 ISSUED: 13/07.1201-4 CERTIFIED GENER4 CL iTI-w1GTOF. KP,ACUNAS, MICHAEL 8 . RAER. CONST RUCJ ION INDUS NGTRIES, IN :i EMr IED undar 1h3 pm !a 1D-12 ]i Ch.48a FS. evpnW : AUG 31,2115 LWGF;fiS 72 PICK SCO T I, GWEP,NOR KEN LAWSON, SECRETARY STATE OF FLORIDA DEPARTMENT OF BUSINESS AND PROFESSIO14AL REGULATION CONSTRUCTION INDUSTRY LICENSING BOARD + CGC031554 The GENERAL CONTRACTOR Named below IS CERTIFIED Under the provisions of Chapter 489 FS. Expiration date: AUG 31, 2016 KRACUNAS, MICHAEL ®'® RANGER CONSTRUCTION INDUSTRIES, INC. 1111 SANSBURY'S WAY a•• WEST PALM BEACH FL 33411 �• STATE OF FLOPJDA DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION CONSTRUCTION INDUSTRY LICENSING BOARD (880) 487-1395 1940 NORTH MONROE STREET TALLAHASSEE FL 32399-0783 SLADE, JAMES MICHAEL RANGER CONSTRUCTION INDUSTRIES INC 149. SCARBOROUGH TER WELLINGTON FL 33414 Cengratuletionsl With this license qou become one of the nearly one million Floridians licensed by the Department of Business and Professional Regulation,. Our professionals and businesses range �b STATE OF FLORIDA j from aruNtects to Yacht brokers, from boxers to barbeque restaurants, '� Pa' C0�1 �AF IAI IQIA44Vv ni'tx^d ? and they keep Florida's economy strong. PREF + 'ijLATtON Every day we viork to improve the wa•; we do business In order to ij t ^UC05e 79 3n.97/C2f2C 14 serve you better: For Information about our services; ,please log onto x ,:, E wdvovanyflorldaiioense.00m. There you can fsrcl more information :. e�l� UNDE � about our diaisicns and the rs ulationa that impact you, subacr& department the Depar,`rna,if :s St ADE JANi to newsletter. anTlearn more about s - RANGER CO IEa INC Initiatives. 4 3.. Our mission at the Department is: Llcanie Efficiently, Regulate Fairly. r`. r, Vt/e aonstaniiv strive to serveyou better so that you can sere your ; customers. ankyou for doing business in Florida; s of Rrtfreo una$r t5e rrovleions o/Cb.dB.fl Fs. and congratulations on your nsuy llcensel x e�vetia'auo at, e s riozouwass - `3 h RICK SCOTT, GOVERNOR DETACH HERE STATE OF FLOPJDA ISN LAN/SON, SECRETARY �b -...'.{Fe.v� rY'R�i^.. �•.Ai-'\• .jam �: `�(�t<\�. le— Cam® CERTIFICATE OF LIABILITY INSURANCE DAIM =3r2` 16 °' ' o THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT., ff the certificate holder Is an ADDITIONAL INSURED, the policy(les) must be endorsed. If SUBROGATION IS WANED, subject to Me terms and conditions of the poCcy, certain policies may regulm an endorsement. A statement on this cer0ficate does not confer rights to the ceLfiftcate holder In Lieu of such endorsem s PRODUCSt CONTACT Kristen LaPlante 1GGeorge H. Friedlander Company 566 Kanawha Blvd. E Charleston VW 25311 PNONE 321 254-8477 MAXg. 321-988-0209 �• . kristenlaplanta@friedlandercampany.com INSUREIM AFFOW NG COVERAGE PAIC 41112017 INSURERA:Travelem Indemnity Co 25658 DAMAGE TO REIfFW P rSEs 5500.000 a�suREo RANG002 B :Charter Oak Fire Insurance 25615 mmmm c :Travelers Pmparty & Casuafty Ranger Construction Industries, Inc. 4510 Glades Cut Off Road ENSU D A Fort Pierce FL 34981 INSURER E: I ISURER F cnVFReaEs r.F;m r -ATE muL RRR-- 921501952 REVISION NUAMER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT* TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT VM RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. �� TYPE OF NSURANCE ADIX SUM W Vu POLLCY NUK POI.ECY EFF POLICY EXP LIMTIS B MERCIAL GENERAL LIAWLTTY CLAIMs-MADE Qx OCCUR ftcbml L;ab TConac� CO-SWB217--16 41112016 41112017 EACH OCCURRENCE $1,000,000 DAMAGE TO REIfFW P rSEs 5500.000 MEDEXP WWam ) 510.000 PERSONIL&ADV INJURY :1.000,000 GEWL AGGREGATE LIMIT APPLIES PER: POLICY El JJpa F1 LOC OTHER: GENERAL AGGREGATE 1.52.000.000 PRODUCTS -COMPloPAM 52.000,000 $ A AUTOMOBILE X X LmsaiTY ANY AUTO OWNED SCnHEDUL ED AUTOS IxAUTOS A D HIR®ALROS CAP-8078186-16(EaecdclepQ COMENNED SINGLE LIMIT $1,x00.000 BODILY INJURY (Per person) 5 BODILY RIURY (Per a q $ $ C X IJ>ELLA LL18 t7f LIAB X OCCUR CLAIMS -MADE CUP-5807B1S8-16 4/1/2016 4112017 EACH OCCURRENCE $3,000,000 AGGREGATE $3,000,000 DED I X I RETENTION S 10.000 $ B WORKM AND ENFLOYE W LWSO.rTY ANY PROPRIETORIPAR7T�[EAfD(E:CUTIVE Y� OFFI R 6ZMEEO? (wry in mm Ity��. iescriba under DFSi3;IPTION OF OPERATIONS below NIA UB -63396488-16 4/1/2016 4112017 X STAd IEROTH- EL. EACH ACCIDENT $1.000,000 E.L. DISEASE - EA EMPLOYEE 51.000.000 E.L. DISEASE -POLICY ULQIT 51.000,000 DESCliJ =N CFOPEPAYMS I LOCATIONS 11IEHI W (ACAim 101. AddfflwW Rar=ft Scbadub, MY be a R more apace is rr ad) Per Project Aggregate applies when required by written Contract L910 i Ln 7� 1W-W;A!{L•1)J SHOULD ANY OF THE ABOVE DESCR®ED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN Generic Certificate ACCORDANCE WITH THE POLICY PROVISIONS. ®1888-2014 ACORD CORPORATION. All rights reserved. ACORD 25 (2014101) The ACORD name and logo are registered marks of ACORD Riuger con@i1 Indable4 IIIc. WRffTEN CONSENT IN LIEU OF A SPECIAL METING OF BOARD OF DIRECTORS OF RANGER C®NS tL1 ®lel US S9 We' + urOMIG M, being all of the Directors of RMW COffitrdctit n JRdistr'es, ., a Florid Corpooradon (the Torporgon'), do hereby onmdmd s&m'be to the f0H0M'. 1ado!, i. lieu of bol t a fow, Tezid meetin& ' t) T.� ti=p of porida Stitutes 607.0704. �i .S9 it is deemed to be in the best kteres1t of the Corporaflon bier the Board of Directors elect Frmk Scoft Folorier, as dice Prcsident Of OM -adorns for the Cent Florida Am effecti jre Ociober 229 2012. OLVO, oireetia October 279 20129 F� Scott FaAer be elected dace NPsident 0f gyrations for the Centmi Florida Ares, w.d be it Mme' RESOLV09 d1g a ve fiber 22n, 20129 Frame Scott Fowler, as Nice -President of & Corporation, be atbo&aftsign any bid docs, cotes, leers ad A &moments conidered to be 6In the ordiry course" of this Corporation's business. This iffiWw soon &a not Include or C!ec'wons99 inchfty but -not limited to9 PO &s arqaisitioM or dispsdons mater than $3 mon, major W 9 strib ®ns gre er dw $1 i ' oA i s, M rs, � datioa�, t3�e sale or"a Porton of the bibiness., or any oodw decision other tan hIn the ord nary cotes. E1 WrMSs VMRWF, the undersigned hereby executes this written consmt as of October 22, 2012. 1 1 Director .�- .i,-. :� Y. ado 1 r t a'S. VW002 Director r)eTail by FEFLEW Number I by FEVEIN Number CONSTRUCTION INDUSTRIES, INC. trnent olum bob ffl Number Pile'l -'tin Event i Daus FIIGd 3 Effectiveua,+1e 101 SANSBURY'S WAY ,/EST PALMA BCH, FL Wx.11 ;hanged: 01/27/2DJ91 galling Address 01 SANSBURY'S WAY VEST PALM BCH, FL 3.3411 'hanged: 01/27/2009 leglsierad semens Name & Ade IROWNING, DOUGLAS 01 SANSBURYS WAY VEST PALM BEACH, FL 33411 lame Changed: 08/25/2010 +ddress Changed: 01/27/2009 near/Director Detail lame a Address itle ST iROWNING, DOUGLAS J 01 SANSBURYS WAY VEST PALMA BEACH, FL 33411 F40180 592096662 05/10/1981 FL ACTIVE 06/08/19v 1 CORPORATE MERGER 12/27/2010 12/31/2010 PBge i Ol [. Detail by SIN Number President 'CHAFER, ROBERT 01 SANSBURYS WAY VEST PALM BEACH, FL 33411 VP 'RANO(, SCOTT 01 SANSBURY'S WAY VEST PALM BEACH, FL 33411 Chairrnan, CEO (ECELUO JR, LEO A 01 SANSBURY'S WAY VEST PALM BEACH, FL 33411 VP 'ORREA, WGUEL G 01 SANSBURY'S WAY VEST PALM BEACH FL 33411 VP 'owler, F. Safi 01 SANSBURY'S WAY VEST PALM BCR, FL 33.1.11 VP Fecellio, Michael A 01 SANSBURY'S WAY VEST PALM BCH, FL 33411 VP 'ecellio, Chrisliopher S 01 SANSBURY'S WAY VEST PALL BCH, FL 33411 VP 'ecellio, Kathryn C 01 SANSBURY'S WAY VEST PALM BCH, FL 33411 Sr Vice President -Finance ►mith, Robert D 01 SANSBURY'S MAY VEST PALM BCH, FL 33411 Chief Estimator, Asst Secretary I e 2 of 4 UetaE by ��l-FJN 1' umbel l{iibal, Steye 101 SANSBURY'S WAY f10 EST' PALM BCH FL 33411 e Asst Secretary ley, Jason 1 SANSBURYS WAY ST PALM BCH, FL 33411 rMe Asst Secretary viler, Richard 101 SANSBURY'S WAY WEST PALM BCCI, FL 33411 Title Asst Secretary (odar, William 01 SANSSURY'S WAY VEST PALM BCH, FL 33"41 i -te Asst Treasurer, Ass! Secreiarl IvAnn, L.L. 01 SANSBURY'S VVAY /EST PALM BCR, FL 33411 Report Ywr Filed ®ate 2012 04/30/2012 2013 01/23/213 2014 01/08/2114 Pag' 3 of 4 View image in PDF format View image In PDF format View Image in PDF format View Image In PDF format _ View image in PDF formai View Image in PDF format View image fnPDF fom�at View Image in PDF format View image In PDF formai View image In PDF format View image in PDF fam3at View image in PDF format Pag' 3 of 4 Detail by FELIEIN -Number View image in PDF iormat. View imageinPDF format View image in PDF View image In PDF format as Fol dome View image in PDF format View image in PDF format Jew image in PDF format View image in PDF format View image in PDF format -format in PDF View image View Image in PDF format Page 4 of 4 AcoRo® CERTIFICATE OF LIABILITY INSURANCE DATE(MMIDDIYYYY) 4/27/2016 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(les) must be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). PRODUCER George H. Friedlander Company 1566 Kanawha Blvd. E. Charleston WV 25311 CONTACT Kristen LaPlante PHONE, 321-254-8477 FAX Nol.321-988-0209 E-MAIL AD REss. kdstenlaplante@friedlandercompany.com INSURERS AFFORDING COVERAGE NAIC # INSURER A: Travelers Indemnity Co 25658 CO -58078217-16 INSURED RANG002 INSURER B :Charter Oak Fire Insurance 25615 INSURER C :Travelers Property & Casualty Ranger Construction Industries, Inc. 1200 Elboc Way Winter Garden FL 33411 INSURER D: INSURER E: INSURER F: nnVFRAnPA CERTIFICATE NUMBER. 362963712 REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR LTR TYPE OF INSURANCE INSD taWD POLICY NUMBER POLICY EFF MMIDDMfYY POLICY EXP MMII?DIYYYYI F_ LIMITS B X COMMERCIAL GENERAL LIABILITY CO -58078217-16 4/1/2016 4!1/2017 EACH OCCURRENCE $1,000,000 CLAIMS-MADE 5X OCCUR DAMAGE TO RFN70— PREMISES Ea occurrence $500,000 MED EXP (Any one person) $10,000 X Contractual Liab PERSONAL & ADV INJURY $1,000,000 GENERAL AGGREGATE $2,000,000 GEN'L AGGREGATE LIMIT APPLIES PER: POLICY a JECT LOC PRODUCTS - COMPIOP AGG $2,000,000 OTHER: A AUTOMOBILE LIABILITY CAP -58076186-16 4/1/2016 4/1/2017NIT -CUR$ $ Ea accident 1,000,000 BODILY INJURY (Per person) $ X ANY AUTO ALL OWNED SC EDULED X HIRED AUTOAUS S X NON -OWNED AUTOS BODILY INJURY (Per accident) $ PROPERTY Per accident S S C X UMBRELLA LIAB X OCCUR CUP -5807B198-16 4/1/2016 4/1/2017 EACH OCCURRENCE $3,000,000 AGGREGATE 53,000,000 EXCESS LIAB CLAIMS -MADE DED X I RETENTION $10,000 $ B WORKERS COMPENSATION AND EMPLOYERS' LIABILITY ANY PROPRIETOR/PARTNER/EXECUTIVE YIN OFFICER/MEMBER EXCLUDED? FN (Mandatory In NH) NIA U339B488-16 B-6 4/1/2016 411/2017 X STATUTE ER E.L. EACH ACCIDENT $1,000,000 E.L. DISEASE - EA EMPLOYEE $1,000,000 E.L. DISEASE -POLICY LIMIT 51,000,000 If yes. describe under DESCRIPTION OF OPERATIONS below DESCRIPTION OF OPERATIONS I LOCATIONS I VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached if more space Is required) Per Project Aggregate applies when required by written contract. The City of Sebastian is an Additional Insured when required by written contract with respect to work performed for them by the Named Insured and at the specified project. Should any of the above described policies be cancelled before the expiration date thereof, the issuing insurer will mail 30 days written notice to the certificate holder, but failure to do so shall impose no obligation or liability of any kind upon the insurer, its agents or representatives. Project: Street Reconstruction & Paving in the City of Sebastian; Bid No. 16-01; RCI Job No. 3506234 CERTIFICATE HOLDER CANCELLATION ©1988-2014 ACORD CORPORATION. All rights reserved. ACORD 26 (2014101) The ACORD name and logo are registered marks of ACORD SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE City of Sebastian THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN 1255 Main Street ACCORDANCE WITH THE POLICY PROVISIONS. Sebastian FL 32958 AUTHO IZED REPRESENTATIVE ©1988-2014 ACORD CORPORATION. All rights reserved. ACORD 26 (2014101) The ACORD name and logo are registered marks of ACORD