HomeMy WebLinkAbout2016 Preferred Materials, IncCONSTRUCTION SERVICES AGREEMENT
THIS AGREEMENT made this day of 1 2016, by and between the CITY OF
SEBASTIAN, a municipal corporation of the State of Florida, 1225 Main Street, Sebastian, Florida, 32958, and
("City") and Preferred Materials, Inc., - Asphalt Division, 2710 Michigan Avenue, Kissimmee, FL 34744
("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 Storage Building 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 fords 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 Scope 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
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Documents and reasonably inferable from them as being necessary to produce the intended results.
2.2 ENTIRE ANIS 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 TERMS
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.
3.4 AGREEMENT
A written agreement is between the Contractor and the City of Sebastian defining in detail the work to be
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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.
3.6 BID
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 recr= 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 the
Owner is intended unless otherwise stated.
3.13 ENGINEER
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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 re uired 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.
3.22 SPECIFICATIONS
The directions, provisions, and requirements together with all written agreements made or to be made, setting forth
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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.
c AMVJ
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.
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ARTICLE II - Performance
4.0 SPECIFICATIONS AND RELATED DATA
4.1 114TENT 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
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 fiunished 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 DRAENSIONS
Dimensions and project limits will be field measured in advance of the project with city staff from the projects
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limits of the golf course. Where the work of the Contractor is affected by finished dimensions, these shall be
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 Laborator.'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 borne 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 famish 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
ANDIOR MATERL4L below.
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The Contractor shall abide by the City's judgment when proposed substitution of materials or items or
equipment are judged to be unacceptable and shall firrnish 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 furnished 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 ipproved, 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.
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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 WORI{MA.NSMP
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 rejected by the
Engineer or City by giving a written notice to the Contractor. All rejected 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 within ten (10) days
after written notice to do so, the City may remove them and may store the materials and equipment. Satisfaction of
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warranty work after final payment shall be in accordance with Paragraph 10.15.
5.4 MA.NUFACTUR.ER`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 SKELL 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 from the work site immediately and
shall not participate 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.
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.
5.9 GUARANTEE
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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 STAMG TO BE PERFORMED BY CONTRACTOR
6.1 PERSONNEL. EOUIPMENT 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 REOUIREMENTS
Stakes to establish lines and grades shall be set at appropriate intervals to assure that the Work is constructed to
meet the lines and grade per Specifications. For construction stakes and other control, references shall be set at
sufficiently frequent intervals to assure that all components of a structure are constructed in accordance with the
lines and grades.
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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 Engineer as needed for proper completion of all work on the site.
6.8 LOCATION OF EXISTING UTILITIES AND PIPING
AU 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 bome 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 Contractor. The contractor shall indemnify and hold the City harmless from any and all
personal injury or property damage claims, liabilities, losses or causes of action which may arise out
of the use and occupancy of the property by the Contractor its family, associates, contractors,
agents, employees, customers and attendees.
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.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 30 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 construction, the City and
Contractor shall cooperate to obtain Temporary Construction Easements from the landowner.
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7.7 _PROTECTION OF EXISTING UTILITIES AND FACILITIES
All utilities and all structures of any nature, whether below or above ground, that maybe 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 IN 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 fumish 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.
7.11 CORRECTION OF WORK
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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 7.11(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, li uidated 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 Pro ms
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 ofithe 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.
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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 Trac Control
and Safe Practices for Street and Highway Construction, Maintenance and Utility Operations Speci ications for
Road and Bridge Construction, 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, waming 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 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 Tra,Fic Control and
Safe Practices for Street and Highway Construction, Maintenance and Utility Operations, latest edition.
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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 work up to the time of final acceptance. The
Contractor shall provide and pay for any temporary piping and connections.
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
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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 PR.EL54INARY OPERATION
The Contractor shall perform the work of plgcing 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.
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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 (S) 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 DEFAULT TERMINATE CONTRACT AND COMPLETE WORK
In the event of any default by the Contractor, the City shall have the right to provide Contractor with a written
notice of default specifying the default and the time necessary for the Contractor to correct the default. If the
Contractor fails to correct the default with the time specified the City 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 Citys, 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.
9.14 RIGHTS OF VARIOUS 1NTERESTS
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.
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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, SU TATION 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.
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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 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
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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.
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
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.
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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.
(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.
46
(e) Damage to another contractor.
(f) 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 N[ATTRIALS
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.
(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.
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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 failure to correct any default within the time
frame provided by the City, 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 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 are the property of the City.
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B. Termination by Citi 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.
10.1 S 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 REOUIREMENTS
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
UM
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 CERTWICATLON 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 CR %4ES
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.
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.),
U11
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. 1213 8, 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 cant' 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.
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 PERMTTS
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
51
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.
12.0 MISCELLANEOUS
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.
52
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.
12.7 PUBLIC RECORDS FORM
Contract Name: City of Sebastian - Bid # 16-18 Storage Building Paving
Project Description: City of Sebastian - Bid # 16-18 Storage Building 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 Signature: --` ., Date: d
Print John R. Hooper Title: Vice President
Company/Fir= Preferred Materials, Inc Asphalt Division
53
fl IF CONTRACTOR HAS A QUESTION REGARDING THE
APPLICATION OF CHAPTER 119, FLORIDA STATUTES, TO THE
CONTRACTOR'S DUTY TO PROVIDE PUBLIC RECORDS RELATING TO THIS
CONTRACT, CONTACT THE CUSTODIAN OF PUBLIC RECORDS AT 1-772-388-
8215 / E-MAIL jwilliams@cityofsebastian.org CITY OF SEBASTIAN, 1225 MAIN
STREET, SEBASTIAN, FLORIDA.
Authorized Signature: Date: t
Print John R. Hooper Title: Vice President
Company/Firm: Preferred Materials, Inc - Asphalt Division
IN WITNESS WHEREOF, the parties hereto have caused these presents to be executed, the day and year fust
above written.
EST:
1e Williams; MMC
its! Cleric `
(r EAL/
Approv i&: to 1�rm and Content for
Reliance by the City of Sebastian Only
ra-;.e
obert A. Ginsburg, City Attorney
Signed, sealed and delivered
in the presence of:
THE CITY OF AS'TIAN
By:
Name: Joseph Griffin
Title: City Manager
CONTRACTOR
n� � � - 0- , n
By: (L L\- L
Name: Lhn R. Hooper
Title: Vice President
54
Technical S ecMeations
Section......................................................................................................................................Page
1. MOT Section 300 Prime and Tack Coats (Emulsified Asphalt)...........................................13
2. MOT Section 334 Hot Mix Asphalt...................................................................................... 23
55
SECTION 1
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 -1H, or CSS -111 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 Ib/yd2. 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 -1h, RS -2, CRS -1h, or NTSS-1hm meeting the
requirements of 916-4. Heat RS -1h, RS -2, CRS -1h, and NTSS-1hm to a temperature of 150 to
180°F. The Contractor may use RS -1h 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 -1h, RS -2, CRS -1h, or
NTSS-1hm 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
56
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
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.
3004 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 existidg 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:
57
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 gaVyd2, 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 gaVyd2, 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.
300-7.3 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: Iftraffec 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 withinf 0.01 gaVyd2 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
)
(gal/y&)
Newly Constructed Asphalt Layers
0.02 minimum
Base Course, Structural
Milled Surface or Oxidized and
Course, Dense Graded
Friction Course
Cracked Pavement
0.06
Concrete Pavement
0.08
Open Graded Friction
New!Constructed As halt 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 cost 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.
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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 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 = VI
K(T-6o)+1
V Volume of the bituminous material at 60°F (pay volume).
V1= 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.
59
SECTION 2
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 fan 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 T esn"
Traffic Level
1
Type SP -9.5
A
Structural Mixes: Types SP -
9.5 or SP -12.5
Z
Friction Mixes: Types FC -9.5
B or C
or FC -12.5
Structural Mixes: Types SP -
P3
9.5 or SP -12.5
3
Friction Mixes: Types FC -9.5
C
or FC -12.5
(1) 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:
Type SP -9.5, FC-9.5......................................................................9.5 mm
Type SP -12.5, FC-1Z.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
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will be converted to spread rate using the following equation:
Spread rate (lbs/yd2) = 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 -11/2 inches
Type SP -12.5, FC -12.5 ................................................1 112 - 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 (<_5 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: l) 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/quaHtycontroYmaterialslistings/Sourcestfrictio
ncourse.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
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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
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 (G,b) 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.
Asphalt
Table 334-2
Binder Grade for Mixes Containing RAP
Percent RAP Binder Grade
<20
-Asphalt
PG 67-22
20-29
PG 64-22
k 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
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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.
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 ( d.1g.)•
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 (Gsb) 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 i 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
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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.
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 f 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 114". 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, IN all depressions
in the existing surface more than 1 inch deep by spot patching with leveling course mixture, and
compact thoroughly.
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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/yd2 or more than 751b/y&. 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.
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
A -6S
following areas when they are less than 50 feet in length: turn lanes, acceleradon/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
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 Mixture.
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
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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 -s and P.ZQo) 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
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 Gmm 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 tante Values
Characteristic
Tolerance
Asphalt Binder Content(percent)
Tar et f 0.55
Passing No. 8 Sieve(percent)
Ta et f 6.00
Passing No. 200 Sieve (percent)
Target f 2.00
Roadway Density (average of three cores
91.5% Gmm
Roadway Density an 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,s and P.20) 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 100 lbstsy. 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
X1-67
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.
MIM
Storage Building Paving
Bi_ d Due: No Later Than 2:00 P.M. on August 18, 2016
Bid Oyening: Beginning at 2:00 P.M. on August 18, 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 terms 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 30 consecutive calendar dans from start of work date. The Bid Items on the Project
will be authorized for construction at the discretion of the City of Sebastian.
Storage Building Quantity -Units Unit Cost Amount
1. Mobilization _1 _LS $8,500.00 M500.00
2. Remove 2" milling _33,000_ _SF $0.30 $9,900.00
3. 2"Asphalt SP 12.5 412 TN $110.00 $45,320.00
Preferred Materials. Inc - Asphalt division
Nance of Finn (Please Type or Print):
2710 Michigan Avenue Kissimmee. F134744
Firm's Address:
407-343-7445 407-343-7885
Telephone Number(s): Fax Number(s):
John.Hooper(a,preferredmaterials.com
Email Address (es):
A-9
STATE OF FLORIDA)
COUNTY OF INDIAN RIVER)
CITY OF SEBASTIAN)
BID BOND
KNOWN ALL MEN BY THESE PRESENTS, that Preferred Materials, Inc.
As Principal, and Federal Insurance Company as Surety, are held and
firmly bound unto the City of Sebastian, in the penal sum of
Five Percent of Amount Bid (Dollars) S 8% , lawful 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 8/182016 for: Bid 16-18 Storage
Building Paving
Now THEREFORE,
(a) The Principal shall not withdraw said bid within ninety (90) days after date of opening the same 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 18th day of August , 20161
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 PRINCIPAL:
(1) Witness is required. If Corporation,
Secretary only will attest & affix seal.) Preferred Materials, Inc.
Name of Firm
Affix Sea
Signature of Autho ed Officer) = .
A /1.0 '('V Co.m
YILI�so�
{�,� 710 Michigan Ave.
J (Business Address)
Kissimmee, FL 34744
(City) (State) (Zip)
SURETY:
A-17
The rate of premium of this bond is
per thousand.
Total amount of premium charges _
NIL
NIL
Federal Insurance Company
(Corporate Surety)
fix Seal
(S' u onze er)
Ina Davis, ey-m-
-itl
15 Mountain View Road -
(Business Address)
Warren, NJ 07059
(City) (State) (Zip)
Marsh USA Inc.
(Name of Local Insurance Agency)
15 W. South Temple, Ste. 700, Salt Lake City, UT 84101
(Address)
(The above must be filled in by Corporate Surety.)
CERTIFICATES AS TO CORPORATE PRINCIPAL
I,.9 , certify that i am the Secretary of the Corporation
named as Piiricipdl in the bond, that who signed the said
bond on behalf of the principal, was then
T- t ,e? of said 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 ofT4NW Utah
County of&YM*KW Salt Lake
City of X$ ft Salt Lake
Before me, a Notary Public duly commissioned, qualified and acting, personally appeared;
Tina Davis to me well known, who being by me first duly sworn
upon oath, says that he is the attorney in fact for the Federal Insurance Company , and that he
has been authorized by Contractor named therein favor of the City of Sebastian, Florida.
and sworn to before me this 18th day of August , 20161,
Notary Public 4',*40� �AyI LISA HALL
March 13, 2019 Notary Public
My Commissionx ices State of Utah
` Comm. No. 681511
_,ter
My Comm. Expires Mar 13, 2019
A-18
Chubb POWER Federal Insurance Company Attn: Surety Department
OF Vigilant Insurance Company 15 Mountain View Road
Surety OF
Pacific Indemnity Company Warren, NJ 07059
Know All by These Presents, That FEDERAL INSURANCE COMPANY, an Indiana corporation, VIGILANT INSURANCE
COMPANY, a New York corporation, and PACIFIC INDEMNITY COMPANY, a Wisconsin corporation, do each hereby constitute and
appoint Tina Davis, Lisa Hall, Linda Lee Nipper and Lindsey Plattner of Salt Lake City, Utah — .................. �...
each as their true and lawful Attorney- in. Fact to execute under such designation in their names and to affix their corporate seals to and deliver for and on their behalf as surety
thereon or otherwise, bonds and undertakings and other writings obligatory in the nature thereof (other than bail bonds) given or executed in the course of business, and any
instruments amending or altering the same, and consents to the modiftcation or alteration of any Instrument referred to in said bonds or obligations.
In Witness whereof, said FEDERAL INSURANCE COMPAiY, VIGILANT INSURANCE COMPANY, and PACIFIC INDEMNITY COMPANY have each executed and attested
these presents and affixed their corporate seals on this 16 day of October, 2014.
STATE OF NEW JERSEY
ss.
County of Somerset
ESE
On this 16th day of October, 2014 before me, a Notary Public of New Jersey, personalty came Dawn M. Chloros, to me known to be Assistant Secretary of
FEDERAL INSURANCE COMPANY, VIGILANT INSURANCE COMPANY, and PACIFIC INDEMNITY COMPANY, the companies which executed the foregoing Power of
Attorney, and the said Dawn M. Chloros, being by me duly swom, did depose and say that she is Assistant Secretary of FEDERAL INSURANCE COMPANY, VIGILANT
INSURANCE COMPANY, and PACIFIC INDEMNITY COMPANY and knows th$ corporate seals thereof, that the seals affixed to the foregoing Power of Attorney are such
corporate seals and were thereto affixed by authority of the By- Laws of said Companies; and that she signed said Power of Attorney as Assistant Secretary of said Companies
by like authority; and that she Is acquainted with David S. Norris, Jr., and knows him to be Vice President of said Companies; and that the signature of David B. Norris, Jr..
subscribed to said Power of Attorney is in the genuine handwriting of David B. Norris, Jr., and was thereto subscribed by authority of said By- Laws and in deponent`s presence.
Notarial Seal
KAfiMERiNE J. ADELAAR
NOTARY PUBLIC OF NEW JERSEY
No. 2316$85
leoffn*W Expk" July 16, 2019 Notary Public
CERTIFICATION
Extract from the By- Laws of FEDERAL INSURANCE COMPANY, VIGILANT INSURANCE COMPANY, and PACIFIC INDEMNITY COMPANY:
`Ail powers of attorney for and on behalf of the Company may and shall be executed in the name and on behalf of the Company, either by the Chairman or the
President or a Vice President or an Assistant Vice President. jointly with the Secretary or an Assistant Secretary, under their respective designations. The
signature of such officers may be engraved, printed or lithographed. The signature of each of the following officers: Chairman. President, any Vice President, any
Assistant Vice President, any Secretary, any Assistant Secretary and the seal of the Company may be affixed by facsimile to any power of attorney or to any
certificate relating thereto appointing Assistant Secretaries or Attorneys- in- Fact for purposes only of executing and attesting bonds and undertakings and other
writings obligatory in the nature thereof, and any such power of attorney or certificate bearing such facsimile signature or facsimile seal shall be valid and binding
upon the Company and any such power so executed and certified by such facsimile signature and facsimile seal sha0 be valid and binding upon the Company
with respect to any bond or undertaking to which it is attached.'
I, Dawn M. Chloros, Assistant Secretary of FEDERAL INSURANCE COMPANY, VIGILANT INSURANCE COMPANY, and PACIFIC INDEMNITY COMPANY (the'Ccmpaniesl
do hereby certify that
(I) the foregoing extract of the By- Laws of the Companies Is true and correct,
(it) the Companies are duly licensed and authorized to transact surety business in all 50 of the United States of America and the District of Columbia and are
authorized by the U.S. Treasury Department; further, Federal and Vigilant are licensed In the U.S. Virgin Islands, and Federal is licensed in American
Samoa, Guam, Puerto Rim, and each of the Provinces of Canada except Prince Edward Island; and
(ii)i the foregoing Power of Attorney is true, correct and in full force and effect.
Given under my hand and seals of said Companies at Warren, NJ this AUGUST 18, 2016
!•r
ti im kizz<-,
-.0 Dawn M. Chloros. Assistant Secretary
IN THE EVENT YOU WISH TO NOTIFY US OF A CLAiM, VFRIFY THE AUTHENTICITY OF THIS BOND OR NOTIFY US OF ANY OTHER MATiER. PLEASE CONTACT US AT ADDRESS
LISTED ABOVE, OR BY Telephone (90B) 503- 3493 Fax(908)903-3656 e -frail: swettyfthubb.com
Form 15-10- 022SR U GEN CONSENT (rev. 02-14)
DRUG-FREE WORKPLACE FORM
The undersigned Contractor, in accordance with Florida Statute 287.087 hereby certifies
that Preferred Materials, Inc - Asphalt Division 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, I certify that this firm complies fully with the
above requirements.
Date:
A-10
Signature
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 them 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)(f), 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. NQN-
INCLUSION OF THIS DOCUMENT MAY NECESSITATE REJECTION OF YOUR
QUOTE OR BID.
A-11
Certificate of Insurance
THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON YOU THE CERTIFICATE HOLDER. THIS CERTIFICATE IS NOT AN
INSURANCE POLICY AND DOES NOT AMEND, EXTEND. OR ALTER THE COVERAGE AFFORDED BY THE POLICIES LISTED BELOW. POLICY LIMITS ARE NO LESS THAN THOSE
LISTED. ALTHOUGH POLICIES MAY INCLUDE ADDITIONAL SUBLIMIT/LIMITS NOT LISTED BELOW.
This is to Certify that
PREFERRED MATERIALS, INC.
2710 MICHIGAN AVENUE ADDID
RESATS60 Liberty MutuQ�L�
r�� �
KISSIMMEE, FL 34744 OF INSURED
L INSURANCE
is, at the issue date of this certificate, insured by the Company under the policy(ies) listed below. The insurance afforded by the listed policy(ies) is subject to all their terms, exclusions and
Conditions and is not altered by any requirement, term or condition of any contract or other document with respect to which this certificate may be issued
TYPE OF POLICY
EXP DATE
❑ CONTINUOUS
❑ EXTENDED
POLICY NUMBER
LEWT OF LIABILITY
0 POLICY TERM
WORKERS
COMPENSATION
9/1/2016
WA7-C8 D-004095-025
WC7-C81-004095-015
COVERAGE AFFORDED UNDER WC
LAW OF THE FOLLOWING STATES:
WA, :WY States except OH, ND,
EMPLOYERS LIABILITY
Bodily Injury by Accident
1 000.000 Each Accident
Bodily Injury By Disease
-015: WI
$1,000,000
Bodily Injury By Disease
$1.000,000
COMMERCIAL
GENERAL LIABILITY
0 OCCURRENCE
9/1 /2016
T62 -C81-004095-115
-Per Project Aggregate included.
g
General Aggregate
$2,000,000
Products / Completed Operations Aggregate
$2,000,000
❑ CLAIMS MADE
Each Occurrence
$2,000,000
Personal & Advertising Injury
$2,000,000 Per Person/ Organization
RETRO DATE
Other[Other
Damage to Premises Rented to
Medical Exp: $5,000
AUTOMOBILE
LIABILITY
9/1/2016
AS2-C81-004095-125
Each Accident—Single Limit
$2,000 000 B.I. And P.D. Combined
❑ OWNED
Each Person
Each Accident or Occurrence
0 NON -OWNED
0 HIRED
Each Accident or Occurrence
OTHER
Automobile policy
9/1/2015 - 9/1/2016
AS2-C81-054502-525
Physical Damage only
T0,000 Comp
10,000 Coll
ADDITIONAL COMMENTS
If the certificate expiration date is continuous or extended term, you will be notified if coverage is terminated or reduced before the certificate expiration date.
NOTICE OF CANCELLATION: (NOT APPLICABLE UNLESS A NUMBER OF DAYS IS ENTERED BELOW.)
BEFORE THE STATED EXPIRATION DATE THE COMPANY WILL NOT CANCEL OR REDUCE THE
INSURANCE AFFORDED UNDER THE ABOVE POLICIES UNTIL AT LEAST 30 DAYS NOTICE
OF SUCH CANCELLATION HAS BEEN MAILED TO:
Liberty Mutual
Insurance: Group
Stan Esposito
Pittsburgh 10387 AUTHORIZED REPRESENTATIVE
12 Federal Street, Ste. 310
Pittsburgh PA 15212-5706 412-231-1331
OFFICE PHONE DATE ISSUED
This certificate is executed by LIBERTY MUTUAL INSURANCE GROUP as respects such insurance as is afforded by those Companies NM 772 07-10
26009621 1 LM -44 1 9/15-9/16 - Standard Limits 2/2 1 Nicholas Misoni 1 8/18/2015 11:47:10 AM (CDT) I Page 1 of 1
LDI COI 268896 0211
SWORN STATEMENT UNDER SECTION 287.133(3)(a),
FLORIDA STATUTES, ON PUBLIC ENTITY CRIMES
THIS FORM MUST BE SIGNED IN THE PRESENCE OF A NOTARY PUBLIC OR
OTHER OFFICER AUTHORIZED TO ADMINISTER OATHS.
1. This sworn statement is submitted with Bid, Proposal or Agreement N0.16 -18 -Storage Building Pavingfor
THE CITY OF SEBASTIAN.
2. This sworn statement is submitted by Preferred Materials, Inc - Asphalt Division
(name of entity submitting sworn statement) whose business address is
2710 Michigan Avenue Kissimmee, FL 34744 and (if applicable) its
Federal Employer Identification (FEIN) i _ (If the entity has no FEIN,
include the Social Security Number of th %�—Crsworn
statement: .)
3. My name is John R. Hooper (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(1)(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.
S. 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)(a), 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
provision of goods or services let by a public entity, or which otherwise transacts or applies to transact
A-12
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, 1989, 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 convicted vendor list. (Please describe any
action taken by or pending with the Departmen Gea 1 'c .)
(Signature
Date: ,ijq�) Ik+ So
STATE OF FLORIDA
COUNTY OF Osceola
The foregoing instrument was acknowledged before me this day of 2016 by
John R. Hooper Vice President (title) on behalf of
Preferred Materials, Inc- Asphalt Division (name of partnership), a partnership. He/she is personally known to me or has
produced as identification and did ( ) did not ( )take an oath.
V146Ashley J. Color►
NOTARY PUBLIC
STATE OF FLORIDA
COMM# FF210383
Expires 311612019
Name: Mhle NIon
My Commission xpires:
Commission Number. EE2. AQ 3
A-13
BIDDER OUALIFICATION OUESTIONNAIRE
(This form is not required to be included in the bid proposal submitmL However, prior to any Contract Award, such Bidder Qualification
Questionnaire must be completed and submitted by the Bidder, and reviewed and approved by the City.)
Submitted by
Preferred Materials, Inc - Asphalt Division
Name of Bidder
General Contractor's License # Please see attached - Contractors License Exemption Letter.
( ) An Individual
( ) A Partnership
(x) A Corporation
Federal Identification #
Principal Office Address:
2710 Michigan Avenue
Kissimmee, FL 34744
(1) How many years has your organization been in business as a contractor under your present name?
2 years and 7 month
(2) How many years experience in road and utility construction work has your organization had as a contractor?
26 years and 11 months.
As a Subcontractor?
26 years and 11 months.
(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/Addressrrel
Title Amount Completion Date Comaletion Date of Owner
Please see attached work completed referenced.
(4) Have you ever failed to complete any work awarded to you? If so, where and why?
No.
(S) Has any officer or partner of your organization ever been an officer or partner of some other organization that
A-14
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 attached the Equipment list and Organizational chart.
(8) What is your bonding capacity? Single $100,000,000, Aggregate $1,000,000,000
(9) What amount of your bonding capacity has been used as of the date of this bid?
$215,7841,500
(10) How many applications for performance and payment bonds have you made in the last three (3) years?
118
(11) How many of these applications were not approved? 0
(12) Have any claims been Bled 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, identifying numbers of
each claim, amounts of each claim, and the status of each claim. (Use additional sheets if necessary.)
R•t5
(13) Have your company been in disputes or litigations in the last five (S) 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
Ownees Name, Address, Telephone, and amount of disputes or litigations. (Use additional sheets if necessary.)
See attached the Dispute and Litigation letter
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.
.TYRE of
Preferred Materials, Inc - Asphalt Division
(TYPE OR PRINT COMPANY NAME)
2710 Michigan Avenue Kissimmee, FL 34744
(TYPE OR PRINT ADDRESS)
A-16
Jeanette Williams
From: Brun, Marina <Marina.brun@preferredmaterials.com>
Sent: Wednesday, September 14,2016 12:54 PM
To: Jeanette Williams
Subject: Test
Marina Brun
Estimating Assistant
Contract Administrator
Central Region Office /Asphalt Division
Vref�rr�c�
MATERIALS, INC.
2710 Michigan Avenue I Kissimmee, FL 34744
0: (407) 343- 744511 F: (407) 343-7885
Marina. Brun(@Preferredmaterials.com
www.preferredmatedals.com
Follow us on Social Media!
U
MY OF
r..
AI
HOME OF PELICAN ISLAND CITY COUNCIL AGENDA TRANSMITTAL FORM
Council Meeting Date: 14 September 2016
Agenda Item Title: Golf Course Storage Building Paving
Recommendation: Award paving contract to Preferred Materials, Inc. for $63,720.
Authorize the City Manager to execute the contract.
Background: The `new' Golf Course Storage Building is nearing
completion. The original design and bid provided for an asphalt `millings' surface around
the perimeter of the site and an asphalt `millings' surface for the access road. Post -
construction, the millings option, while being less expensive to install, has been identified as
producing some long-term maintenance and drainage issues. Since there are available funds
in the project, the decision was made to publically bid asphalt paving for the entire site.
The City received five bids from general paving contractors for
the Storage Building Paving on 18 August 2016. The lowest bid was from Preferred
Materials, Inc. for $63,720.00. The project has a surplus of $123,373 from FDOT/City
funds. References were checked and the contractor received favorable comments from past
clients. The construction period is scheduled for 30 days from the notice to proceed date.
If Agenda Item Requires Expenditure of Funds:
Total Cost: $63,720.00
Available Budget in Current FY: $123,373
Fund to Be Utilized for Appropriation: FDOT/Airport Project Fund
Administrative p
i trative Services De artment/CFO Review: t Y
Attachments: 1. Bid summary sheet
2. Bid Proposal Price Form — Preferred Materials, Inc.
3. Construction Services Agreement
City Manager Authorization:
Date: 02 September 2016
CITY OF SEBASTIAN BID TABULATION
Bid 16-18 Storaee Buildine Pavine
Bid Opening 8118116 2:00 p.m.
CONTRACTOR
a
W
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a
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I
Sunshine Land Design, Stuart, FL
99,896.00
Preferred Materials, Inc., Kissimmee, FL
63,720.00
3
Community Asphalt, Vero Beach, FL
75,620.00
4
Timothy Rose Contracting, Vero Beach, FL
73,328.00
5
Ranger Construction, Ft. Pierce, FL
68,069.00
6
7
8
9
10