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Home My WebLink About2010 - Overlay Bid PapersPAVING OVERLAY PREBID CONFERENCE JUNE 22, 2010 —2:00 P.M. 1225 MAIN STREET, SEBASTIAN In attendance: Frank Watanabe, P.E., Neel -Schaffer Jerry Converse, Public Works Director, City of Sebastian Linda Kinchen, Administrative Supervisor, City of Sebastian Jeanette Williams, Recording Secretary The Public Works Director called the meeting to order at 2:00 p.m. and introduced consulting engineer, Frank Watanabe, Neel -Schaffer. Mr. Watanabe said this was a mandatory pre-bid meeting for the Sebastian pavement overlay project with different types of application: micro -surfacing and reclamation with a map labeled behind the bid specs. He said bids would be opened July 10 at 2 p.m. and it was based on per unit cost. He said the specs for full depth reclamation, the cement treated base, and the base rock will be e-mailed to everyone on Friday. He said questions or comments should be submitted to him via e-mail to establish a paper trail by July 1s' at 2 p.m. and he would send answers to everyone listed. Question: Do you have to bid on all items. Mr. Watanabe: No, if just want to go with standard paving you can go that route. There are three streets recommended for full depth reclamation -Laconia, Easy, Periwinkle, and Schumann. He said Englar, Concha, Main, and Tulip are recommended for micro -surfacing. Question: So the bid can be two separate contractors Public Works Director: Yes Question: Will the split two up, need quantity of one Ms. Kinchen: You will need to state your asphalt price per ton. Question: You don't want us to measure roads. Mr. Watanabe: Per unit cost, but you should look at the roads. Question: Is the City going to decide how much is spent. Ms. Kinchen: Yes, there is certain money set aside for paving, and certain money set aside for micro - surfacing, so might have to drop out a street based on pricing. Question: Is there an engineer estimate for the entire job Mr. Watanabe: Yes, it can be sent out in an e-mail. Questions: The prime and tack are two different pricing for materials. Mr. Watanabe: Since there is such a difference, it will be separated out, a new bid sheet will be sent out Friday. Question: Milling and existing paving is for Mr. Watanabe: We are still waiting for test results, if we don't have to touch the base that will be basic milling and surfacing. Question: How thick for the surface? Mr. Watanabe: Probably two inches, but when he needs the test results to get the biggest bang for the buck, so if can save money not doing the base to get more roads done, that will be done. Question: So other three roads will definitely be full depth reclamation one end to other. Mr. Watanabe: At this time there were four road approved for full depth reclamation and four for micro - surfacing by City Council and at the same time they were given direction to get the most bang for buck so the additional testings are need to check the base. The Public Works Directors added that the rock specs will be added so if there are monies left over to do other roads, we want to do other roads. Question: So the whole road may not need reclamation? Mr. Watanabe: That is why we are waiting for the test results, if the base is good, just milling, and resurfacing will be done. He said he would give everyone the test results on Friday. Question: Will there be estimated quantities of each or limits. Mr. Watanabe: Just limits Question: What are you going to base the thickness of asphalt on? Mr. Watanabe: That is why we need do get the geo technical test results in, but a total of two inches. Ms. Kinchen said a''/2 inch of the leveling course and a 112 inch of layer course. A comment was made that at least % inch is needed. Question: Will there be base repair on micro -surfacing. Ms. Kinchen said spot repair. Mr. Watanabe said the potholes and edging has to be taken care of prior to the micro -surfacing application. Question: Typically, cracked seal is a separate line item, not sure if interested in doing that. The Public Works Director said a separate line item for cracked seal would be okay. Question: Will the City use this contract down the line as well? Mr. Watanabe said the City has a lot more streets but Council only funding for the listed streets. Question: What is the intent of listing asphalt emulsion? Mr. Watanabe said it was to be stabilization for full depth reclamation. Easy Street will cement treated base because it has water problems. Question: Will the costs such as cement be the other determining factor. Mr. Watanabe said yes and he will let them know the test results to help them factor costs Question: Can we take our own samples. Ms. Kinchen said sure. Mr. Watanabe asked that they let the City know they will be out there. Question: Will you have results you can share. Mr. Watanabe said we have cores but not results. Mr. Watanabe asked that everyone receive the same data at the same time Friday by e-mail. Question: On page 6, article 1 the specs provide storm water certification for George Street Mr. Watanabe said that was a mistake. Question: Asphalt thickness Mr. Watanabe said until they get the results, the asphalt can go up to three inches; it just depends on the condition of the base. Question: What about pipe crossings? Mr. Watanabe said there are severable at different levels and he would get back to them on the crossings. Being no further questions, Mr. Watanabe noted that only the contractors present would be allowed to bid on the project, noting the sign up sheet would be provided to all and he adjourned the meeting at 2:22 p. M. ad i �L/��1i7 t c • DISTRIBUTION LOG 6122flO 2:00 P.M.■SEBASTIAN PAVEMENT OVERLAY CONTRACTOR NENDOR NAME�mmm■ EMEMMEM EMEIM MEW �■ MEMINEEMEN ■ MEMEMEME /. • / / r "% I ■ Q� - MMIM ■ ` • I il.• . ■ �I / • ■MEMIN ■ «�►' ._, _� ■�.A l�t2�ll�l'f� iNMEM "/lam ■ MIN MEEM ■ NNFWMEEMI EMEMEMIN ■WAM. • M, . 1S NICE MIN MINEEN■ EMEMMEEMMIM ■ ■ ■ Paving Bidders List Ranger Construction 4210 Old Dixie Highway J Malabar, Florida 32950 321-725-2700 Phone 321-725-8233 FAX Dickerson Florida Inc PO Box 910 Ft. Pierce, Florida 34954-0910 772-429-4444 Phone 772-429-4445 Fax Asphalt Recycling J PO Box 510875 Melbourne Beach, F132951 321-632-6552 APAC Southeast Inc PO Box 411029 Melbourne, F132940 321-242-0236 Fax: 321-242-8878 Florida Highway Products 1170 Celebration Blvd Ste 101 Celebration, F134747 407-566-4200 Fax: 352-861-9796 Community Asphalt 5100 29`h Court Vero Beach, Fl 32960 772-770-3771 Te d f%sph� It Recyel.�S �$ellsut��k. ncP HOME OF PELICAN ISLAND 1225 MAIN STREET • SEBASTIAN, FLORIDA 32958 TELEPHONE: (772) 589-5330 • FAX (772) 589-5570 August 17, 2010 John M. Demartino E.J. Breneman, L.P. 1117 Snyder Road West Lawn, PA 19609 Dear Mr. Demartino: Re: Sebastian 2010 Pavement Overlay Bid This is to advise that at the Regular City Council meeting held on Wednesday, August 11, 2010, members of the Sebastian City Council awarded E.J. Breneman, L.P., a portion of the bid to provide all labor and materials for the application of seal cracking and micro -surfacing of various roadways, as proposed in your bid proposal dated July 8, 2010. Enclosed for your signature, you will find two (2) original copies of the Construction Services Agreement between the City of Sebastian and E.J. Breneman, L.P., for the services mentioned above. In order to fully execute the Agreement, you must provide a Payment and Performance bond to the City and upon final execution an original copy of the Agreement will be returned to you. In the meantime, if you should have any questions or concerns, please feel free to contact Al Minner, City Manager at 772-388-8200. Sincerely, Jean M. Tarbell Executive Assistant Enclosure afYOF SES sr ONOMP HOME OF PELICAN ISLAND 1225 MAIN STREET • SEBASTIAN, FLORIDA 32958 TELEPHONE: (772) 589-5330 • FAX (772) 589-5570 August 17, 2010 John Hooper APAC Southeast, Inc. 2710 Michigan Avenue Kissimmee, FL 34744 Dear Mr. Hooper: copy This is to advise that at the Regular Sebastian City Council meeting held on Wednesday, August 11, 2010, members of the City Council awarded APAC Southeast, Inc., the contract to provide all labor and materials for the application of tack coat and hot mix asphalt overlay to various roadways as per your attached price proposal dated July 23, 2010. Enclosed for your signature, please find two (2) original Construction Services Agreements. Once you have signed the enclosed agreements please return with updated General/Commercial Liability, Auto Liability and Workers' Compensation Insurance Certificates, naming the City of Sebastian as an Additional Insured. Once the Agreement has been fully executed, a copy will be forwarded to you. If you should have any questions, please feel free to contact City Manager, Al Minner at 772-388-8203. Sincerely, C_ (• �?Lit--�� '.c�✓ Jean M. Tarbell Executive Assistant Enclosure :lw 'wi ' faNfSV OldcastW Materials 23 -Jul -lo FIRST PHASE APAC SOUTHEAST, INC. A Division of Old Castle Materials, Inc. Orlando Branch 2710 Michigan Avenue Kissimmee, Florida 34744 Office: 407-343.7445 Fero 407-343-7888 w .apac.00m City of Sebastian Street Street Street 27.5 11/2" S -III Per $11,691.27 Name Lenath Width 28 Tonnage Ton Price TotalAmount Laconia Periwinkle 4882 24 1,074 $73.53 78,971.22 S. Easy Street 3900 2561 24 858 $73.53 $63,088.74 Schuman Dr. 8250 24 24 784 $73,53 $57,647.52 1615 $73.53 $133,458.95 TOTAL TOTAL PHASE I $333,164.43 SECOND PHASE Harrison Collidge 620 27.5 159 $73.53 $11,691.27 Cleveland 584 560 28 150 $73.53 $11,029.50 Washington 300 28 28 145 $73.53 $10,661.85 Jefferson 170 78 $73.53 ' $5,735.34 Martin Ave. 445 30 20 50 $73.53 $3,676.50 80 $73.53 $5,882.40 TOTAL PHASE 11 $48,676.86 City of Sebastian to grade edge of Pavement back and provide Maintenance of Traffic APAC - Southeast, Inc. will power broom existing Paveent, apply a tack coat and lay an average 1 112 " course of S -III /VI I e-HR,CI 'gEeot o Peo. Ee-7- I&a44,542- CRY OF SEBASTIAN HOME OF PELICAN ISLAND 1225 MAIN STREET • SEBASTIAN, FLORIDA 32958 TELEPHONE: (772) 589-5330 • FAX (772) 589-5570 September 14, 2010 Rexella Jandrew E.J. Breneman, L.P. 1117 Snyder Road West Lawn, PA 19609 Dear Ms. Jandrew: Enclosed for your file please find fully executed Construction Services Agreement between the City of Sebastian and E.J. Breneman, L.P., for labor and materials for the application of seal cracking and micro -surfacing on various roads, per bid specifications. If you should need any additional information, please feel free to contact Public Works Director/Project Manager Jerry Converse at 772-633-0897 or Public Works Assistant, Linda Kinchen at 772-589-5330 extension 8152. Once again, thank you for your interest in the City of Sebastian and we certainly look forward to working with you. Sincerely, ean M. kTarbell Executive Assistant Enclosure MOF SEBASTIftA HOME OF PELICAN ISLAND 1225 MAIN STREET • SEBASTIAN, FLORIDA 32958 TELEPHONE: (772) 589-5330 • FAX (772) 589-5570 August 17, 2010 Theodore W. Bitomski President Asphalt Recycling, Inc. 123 Windemere Place P.O. Box 510875 Melbourne Beach, FL 32951 Dear Mr. Bitomski: Re: Sebastian 2010 Pavement Overlay Bid This is to advise that at the Regular City Council meeting held on Wednesday, August 11, 2010, members of the Sebastian portion of the bid to provide all laboCity Council awarded Asphalt Recycling, Inc., a r and materials to mill and recycle roadways and apply prime coat, as proposed in your bid proposal, dated July 12, 2010. Enclosed for your signature, you will find two (2) original copies of the Construction Services Agreement between the City of Sebastian and Asphalt Recycling, Inc., for the services mentioned above. In order to fully execute the Agreement, you must provide a Payment and Performance bond to the City and upon final execution an original copy of the Agreement will be returned to you. In the meantime, if you should have any questions or concerns, please feel free to contact Al Minner, City Manager at 772-388-8200. Sincerely, 2ean M. Tarbell Executive Assistant Enclosure HOME OF PELICAN ISLAND 1225 MAIN STREET • SEBASTIAN, FLORIDA. 32958 TELEPHONE: (772) 589-5330 • FAX (772) 589-5570 August 17, 2010 John Hooper APAC Southeast, Inc. 2710 Michigan Avenue Kissimmee, FL 34744 Dear Mr. Hooper: This is to advise that at the Regular Sebastian City Council meeting held on Wednesday, August 11, 2010, members of the City Council awarded APAC Southeast, Inc., the contract to provide all labor and materials for the application of tack coat and hot mix asphalt overlay to various roadways as per your attached price proposal dated July 23, 2010. Enclosed for your signature, please find two (2) original Construction Services Agreements. Once you have signed the enclosed agreements please return with updated General/Commercial Liability, Auto Liability and Workers' Compensation Insurance Certificates, naming the City of Sebastian as an Additional Insured. Once the Agreement has been fully executed, a copy will be forwarded to you. If you should have any questions, please feel free to contact City Manager, Al Minner at 772-388-8203. Sincerely, C-. Jean M. Tarbell Executive Assistant Enclosure PAVING BID - BID OPENING SIGN IN SHEET July 14, 2010 NAME COMPANY 4) L', qo-jd5 c,PREBID SIGN UP SHEET NAME AND EMAIL ADDRESS COMPANY NAME AND ADDRESS 72 u � ��Il4!%Rec)��,,� �nc- 7=N(... Q3i/l u c✓ �,"l/, yu c%r�ran arlvnS r/GLtFt ,C uhJl>r �G:n f7. .Zi: �_ _%nG yS'/D (ylvccf C� t6F��d r FOrT O/UCc FL 3y4!' [Y)OAL ROIs r cU� mro\)rbaJ1ee'D e,�evvYin.c E. T B f'PMe-rnaW-\ l. P M•�, .�� z�o� MPey.�Kut�@5yn5�.nt�: ��n s�,.si,",�� LS d �Q5�5� s .Cc:.•. pry S: FT, r f-6JA F ,,,r �a.�AS I�X. AA &,A71170 5+ BW (1 n�o� IV i .b 3 w elf ww SCRIPPS TREASURE COAST W-� NEWSPAPERS .' l Indian River Press Journal 1801 U.S. 1, Vero Beach, FL 32960 AFFIDAVIT OF PUBLICATION SCRIPPS HOWARD STATE OF FLORIDA COUNTY OF INDIAN RIVER Before the undersigned authority personally appeared, S. Darlene Broeg, who on oath says that she is Classified Inside Salus Manager of the Indian River Press Journal, a daily newspaper published at Vero Beach in Indian River County, Florida: that the attached copy of advertisement was publshed in the Indian RNcr Press Journal in the following issues below. Affiant further says that the said Indian River Press Journal is a newspaper published in Vero Beach in said Indian River County, Florida, and that said newspaper has heretofore been continuously published in said Indian River County, Florida, daily and distributed in Indian River County, Florida, for a period of one year next preceding the first publication of the attached copy of advertisement; and affiant further says that she has neither paid or promised any person, firm or corporation any discount, rebate, commission or refund for the purpose of securing this advertisement for publication in the said newspaper. The Indian River Press Journal has been entered as Periodical Matter at the Post Offices in Vero Beach, Indian River County, Florida and has been for a period of one year next preceding the first publication of the attached copy of advertisement. Customer CITY OF SEBASTIAN /GROWTH Ad Pub Number Date Copyline 2157814 6112/2010 REQUEST FOR BIDS Subscribed and sworn to me before this date: June 14, 2010 Notary Public .>G;,. MARY T. BYRNE +° '„- Nofairy Public -State of Flodda My Commission Expims Aug 2, 2010 ;?+�de'c Commission # DD 544327 "h`°` Bonded By Natlonal Notary Assn. PAVEMENT OVERLAY NEWSPAPER E -Sheet® LEGAL NOTICE ATTACHED DO NOT SEPARATE PAGES ORIGINAL r a LU O Ither Z W 2 w Q it a O a C7 c = O N at the a Z > O Q aI Q Cwhen A m C when Z W Line U) o O LL liJ O m :) } fa ih— V J Z V < h I, t� < X ad N < m �i said Doug Baurnique,Executive vice O Florida growers are calling president of the Indian River Citrus T_ this the best season in League 0 CAP) With about 90 percent of late wa N d� no N USDA'sestimatewas jnmeased3pen had expected to sell their crop for don't have any back up d W BY PAUL IVICE � Q O ~ an an acre for the additional sprpre; U u as as income than a decade is even better d a% hionall than previously thought. That pushes the forecast for Flor- Over the previous six years, prices Now that nearly 97 percent of the �r Q while grapefruit and 99 percent of �4 fruit were about six times greater �hhhhhhnt Tangerine and tangelo harvests A.p a U.S. Department of Agriculture are Complete NO those forecasts were ing to data provided by the Lake estimate released Thursday said unchanged. landbased Citrus Administrative Florida's graged uit crop is 20.2 OUR be on Committee, which regulates grade V/ Iw eV month's estimate. W shipped from Florida, IS Z Prices this season wam signlf5 boxes were shipped to the bush bait (throughout the growing season), a :Busine00 ss PAGE Be • SATURDAY, JUNE 12, 2010 , TCPALM.COM a IB NEW BUSINESSES VERO BEACH LaBeHa Vita Salon offers massage therapy Le'Shaun Decline, licensed massage therapist, has opened LaBelle Vita Salon &Spa at 165720th St. Den Ina mid aVariety of bodywork treatments.mllness Information and product offerings are offered For more information. Call (772) 4534450, email Leshounl(i msn.com or visit www.taikbodylanguage. Stag on ON THE MOVE Buttenb ick joins Champion Health Notate Buttentxlck had joined Champion Home Health Care as an assistant director of nursing. She isresponstblean ensuringthatChnm. pion's clients' home health needs are met by the appropriate caregiver, matching skills and personalities to the client's require. mems. She also supervises the company's BMlten- more than 90 certified nursing assistants. bock Buttenbock is an experienced licensed practical nurse, having previously worked In the Skilled Nursing Divisions for IRMC and Interim Healthcare. slarrmpon TREASURE COAST JUNO BEACH NextEra Energy changingstock symbol NextEra Energy Inc. said it will change the ticker syn but for its Common Btmk listed on the New York Stock Exchange loom FPL to NEE. The change will become effeo five at the starter trading June 23. The companY's shareholderson May 21 approved chang. ing the mmpmy's name Brom FPL Gmup Ina to Nexam Energy Inc Through Its subsidiaries NextEra Energy Resources, LLC, and Florida Power& Light Go., NextEra Energy opery aces the nation's thhd-largest nuclear power generation fleet and isthenatlonsNal producer of reJiewableeneigy from the wind and sun. Also effective at the start of trading June 23, the ticker symbolforFPLGmupCapital me'sSeries FJuniorSubon dinated Debentures due M will change From "FPLpRF to NEETRE and the ticker symbol for FPI. Group Capital Treat Inc.'s 5 7/8 percent Preferred Trust Securities will change from FPL.PRCto NEE.PRC. agar-,., EXECUTIVE PLANNER NEW LISTINGS Women's Financial Wellness Seminar. Have same Nn, Kam and ne N.Primedc9. 234514th Ave. No. 3, Veto Beach, 6:30 em., June 14. RSVP: (712) 869-4N7. prMeNcacolMlsamee0e. REGULAR MEETINGS Florida Small Business Develop .a Canter. Managmlml Ipum %fwsml Nsimm owners. Inc. =9 VIrpm Ave.. 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February 1 ^markatslid2morningtradthgnn_iC_ppowthig- retaB sales numbers but started to pate its losses after a Import found Consumers are gaining confidence In the economy The market climbed in the last hour of trading to end near the highs of the day. Treasury prices rase, pushing down Interest rates. after spiking on Thursday. The Dow mae 36.64, or 8.4 percent to 10,211.7. It had fallen nearly 90 points in morning trading. The Dow's climb of 279 Points, or 2.8 percent during the week was Its best since the Weekended F26. 19. The Standent& floors 500 index raw 4.76, orO.4penx:nt to 1,091.60, while the tech heavy Nasdaq Composite Index now M.89, or 1.1 percent to 2,2413.60. WASHINGTON VR'recalls minivans over fire concerns Volkswagen AG is recalling nearly 16,(KIO Rotation mini- vans to address fire concerns involving latches on the sndingdmrs The Cermanautamakerwystherecall BASED; a Was mini - virus, which are jointly developed with Chrysler LLC and built at Chrysler's Wmdwr, Ontario, plant, Chrysler recently announcer) a recall of nearly 285,000 Dodge Grand Caravan and Chrysler Tema & Country mtm ivans because of foe concerns inside the sliding dams. PmmwWleporte Citrus yield better than expected Pilot contract talks in home stretch said Doug Baurnique,Executive vice attending a Florida Citrus Mutual Florida growers are calling president of the Indian River Citrus meeting in Bonita Springs. this the best season in League Bigger grapefruit DU a box with With about 90 percent of late wa less fruit, thus more boxes more than a decade son Valencia manges harvested, the Also, he said, some growers who USDA'sestimatewas jnmeased3pen had expected to sell their crop for don't have any back up cent to 65million boxes juice recognized the better condi BY PAUL IVICE Pickingof Valencies, gmwnmostly dons and invested the extra 31,000 or comeslrendent in other pans of Florida, was heavy an an acre for the additional sprpre; Floridacib groweTs'bastseawn throughout May at more than 5 mil- and nurturing to mise a crop viable income than a decade is even better lion boxes per week. for sale as fresh fruit than previously thought. That pushes the forecast for Flor- Over the previous six years, prices Now that nearly 97 percent of the idn's orange crop to 133.6 million thatgrmvmareceivedfortteshgmpe while grapefruit and 99 percent of boxes, up2 million bomlast month. fruit were about six times greater the colored varieties are harvested, Tangerine and tangelo harvests than what wassold forjuice, accord a U.S. Department of Agriculture are Complete NO those forecasts were ing to data provided by the Lake estimate released Thursday said unchanged. landbased Citrus Administrative Florida's graged uit crop is 20.2 OUR BGurniquecited the two main ma- Committee, which regulates grade Bon boxes, up400,0106owsfrom last sons this season's grapefruit Crop and size requirements for Citrus month's estimate. exceeded forecasts. shipped from Florida, Most of the additional 80 -pound "There was good moisture Prices this season wam signlf5 boxes were shipped to the bush bait (throughout the growing season), cantly better than last season and marketand allomaDi ermnt waspm so we're seeing a good sizing of slightly better than average of the dumd in the Indian River District, the crop," he said Thursday after past six seasons. Pilot contract talks in home stretch F A C N G ALONG she bid 1.1 W R agenda la awned VARIOUS STREETS- mored to N nalkiI as Town No 11 w l el aetlgnnoe loo- lar, Int, IN Comel- reabene www bene) In she City of tent City's will neeu rahorw.com Intl seroma” of record lot this oIs Wrenn bean. ran Contract., shell preen in wrilina or A ;wr:M decide. be awe r. W p. smell, al the Nee[. aPPce•: an, coni Iv Nowaa In As soenf., ke_v l.- Bwr! H de.1 .hP CM 1 SAPA4w and sea at 1291 um phe dittos , .Fell or.vid, "net Placa, Bull. A.loq of {normo W woo Vero Beech. Florida wra a the Innu dune In bu:ine::. 31150 1 .mall: Ina,, and for so Aft 41 licm,e,, Pon Frenk.Wauwba4 ouYnu<te eon mea. N unlllnre, ne WGrsner.com be me, a ad to m may be ...hired JuN s. "n' war al endpar ell. be a, bol. State of There n. mantluary, In o as A wFi n.ria deco Federal .r• -iia tenMrenu �',d ipn nnaaea t A9•nd•,. To. Com uhaduled ro bell. ...iim.nr •ns. t chum ,,If ,rem, a n LW PA. on Jwv teelicense from 22, 2010, n me ad. cents upiiiia Sete of FImns den, Wena aMre b t based. Por Pln m n.ebop o-7 Cly Nail t m.Eallannaf two ans 11 In. . r Council (session.nstl, w . oriel• Monaco anal Then w9 M an Na the c the auildin0 Offe rmllm .m- min NM lot mol a zn`H A dorm the roiec in A wYOaaan to Jon in the wswd wm.rPoe: June u, may pick up or re -I will be publicly also a be Pistilli opened and read wptramewem' Ino -� awe n t. dM. evil' m.ematwwam,.. .pan lock Ire orae. nt nal pw5ea above p Irw It.. in City Not The City) ....III size. It runs roughly 150 notofferdemiis. Florida -based Spirit Airlines prepares Bights per day, compared on Thursday, Spirit for strike as negotiations neared deadline with 6,200 for Delta Air beganmwlingBightsmd Linelne,thewodd'slarg stoppedselling tickets for set carrier. its Saturday and Sunday The Aewalated rreu Spirit is based in Mira- Bights don't have any back up mac Mostof itsflightsorig- Pinson did not immedi. Negotiations between plan. This is the most dis, {nate in the eastern United alely respond m a request Spirit Airlines and Its organized thing I've ever SmtesandcorkrumtoLatln far Comment on Friday pilots entered their final seen—it's ridiculous" America, many of them While workers in other stage on Friday, with pilots They were given $75 to through Fort Lauderdale. industries, and airline threatening to walk out at take a text to the Miami It dubs itself an Worst low workers in Europe, are midnight if they don't get airport so they Could try to cast carrier, and says that relativelybvatostrike,US. a new contract. Catch a night from them. someof itstirketsgofx S). airline Workers am bound "We're still in negotia- Theysaldtheywouldnever It attracted notice recently bytherulesof Na Railway tions, and we still hope to fly Spirit again. when it announced that Labor Act, which tightly reach a deal, but we still "I've already ret some- beginning Aug. 1 It would restricts work actions In have a lot of work to do," onevmrkingananastyld. charge passengers up to the interest of keeping widArthurLuby,awistant ter,"Ferraro mid. 345 for canyon bags the transportetim system director of representation Spirit pilots have said The airline Is privately moving for the Air Line Pilots their pay lags that of Com held. Creed said pilots got That makes US. airline Association, pouters like Jerome Air. along well with Spirit's pro- strikes relatively real The company has also ways Corp. and AFY11an viers owners, but the car. The Spirit pilot mnhact said it hopes to make a Airlines, part of Ater= rentownetshaveshtmn "e has been up for changes deal, and strike threats Holdings Inc. marked difference in how sin. January 2007. are a common feature of "We are looking for Pay theyteated emplmyDas." Bob and Christine SCue the endgame of airline parity;' said Sean Creed, Spirit declined to make hler of Sarasota am also negotiations. a Spirit Captain and the CEO Ben Baldmm avail stuck fm hours at the Fort Still, a pilot strike at headofthe Air Lineleflds ableforan imerviewin the LauderdickiabPortbeceuse, Spirit could disrupt the Association twit there. in days before the strike of a Canceled Spirit flight navel plans for thousands a recent interview. "We're On Wednesday, it said It "It's'sit back and wait of passengets. The airline not looking to be industry Wouldoperatethroughany until they tell you,"' Bob canceled some flights In leading," he said. "We're strike with the help of other Reprice said. "It's a mess. advance. not looking to place the air carriers, but spokes They have no regard for Cousins Greg Watson, Company at an economic woman Misty Pinson did anybody else's time." 44, and Doug Ferraro, 43, disadvantage." were among the passem Negotiations were gem affected by the cancel- being ConductedIn lations. They made it from ington and the Tampa to Spirit's hub in the National REQUEST FOR BID REQUESTPoRMQ REQUE87FORBID Fort Lauderdale, only to Board. NOTICE OF 0. of,, Man.... a .... rM IM Boil l.! fwd that the next leg of B th -no "Hem ON TO BIO aH owed n Cil, Nall on the second reject an, and ell bide, or 1. acaepn their Vacation to the Baha Could strike as B.IEo ams Fm A floor .1 Ives Main an, bid Or cocoon. maswascmimled. 1201 a.m. Saturday LICENSED BON- street. Sebamien, thereof doomed to "We didn't even get a g T11C resident can halt P TRACTOR TO PRO. VIDE 'PAVEMENT Florida 33B5a. The,. Lenon—fundable be in the ben Inter - en of lhb LM1y.mtl to phonecall—wesbowed Up an airline strike, but that RECLAMATION, cost of#S.W for Be Ivemywmsuh- and they said they had no was considered unlikely OVERLAY AND Mb bid pecbpe. All a ImllularNrc Bo%"Watsmisaid"Tile P y beCduse Of$ n'it's small D CROSURFACING ALONG VARIOUS items bid shell cern form i0 she Bid BY: Ory eISWnuan A pilot strike at Spi rit could d isrupt the STREETS' WILL BE ACCEPTED BY THEepeciicallyeppmwd Documents unless AI Marie, City Me" aOer CnY OF SEBASTIAN. In edyMb In wrong travel for thousands 1225 MAIN STREET, by We City. Poo: Jun: n,]OIO plans of passengers. SEBASTIAN. From. An protect was for a 315Ja1a T73eairline canceled some Flights in DA 33950. UNTIL 2:00 PM ON JULY Bid Bond In on mn 'M leu Ben la, Allo . BW ENVIE. 6% of the bur bid advance. LOPES ARE TO BE amount as well as NIMMOFMEEIINQI MARKED AS FOL tows: pielarmence and payment bans. on The Town Of I an BIR SEBASTIAN PAVEMENTOVERLAY any ruulti, con- Va.. Me person a Riva, Shane' Plan. cling, Zoning N VA. MO OPENING: it lista whe hes ant (M) Owed will JWyRMIO. .a.. w.cee on the. aandun a maernbi Ad PM mol coneiaee,ende it, on Mon der. Jon. Get the Q The Car SAMS., h bids from Iollown, emckeiom tllh Solo at 2:00 for o.m. in the counnll ue¢inp Bcenad conbanor. a mulac a Irby cr„ns. .v nor .� cnamem.. Ram N F A C N G ALONG she bid 1.1 W R agenda la awned VARIOUS STREETS- mored to N nalkiI as Town No 11 w l el aetlgnnoe loo- lar, Int, IN Comel- reabene www bene) In she City of tent City's will neeu rahorw.com Intl seroma” of record lot this oIs Wrenn bean. ran Contract., shell preen in wrilina or A ;wr:M decide. be awe r. W p. smell, al the Nee[. aPPce•: an, coni Iv Nowaa In As soenf., ke_v l.- Bwr! H de.1 .hP CM 1 SAPA4w and sea at 1291 um phe dittos , .Fell or.vid, "net Placa, Bull. A.loq of {normo W woo Vero Beech. Florida wra a the Innu dune In bu:ine::. 31150 1 .mall: Ina,, and for so Aft 41 licm,e,, Pon Frenk.Wauwba4 ouYnu<te eon mea. N unlllnre, ne WGrsner.com be me, a ad to m may be ...hired JuN s. "n' war al endpar ell. be a, bol. State of There n. mantluary, In o as A wFi n.ria deco Federal .r• -iia tenMrenu �',d ipn nnaaea t A9•nd•,. To. Com uhaduled ro bell. ...iim.nr •ns. t chum ,,If ,rem, a n LW PA. on Jwv teelicense from 22, 2010, n me ad. cents upiiiia Sete of FImns den, Wena aMre b t based. Por Pln m n.ebop o-7 Cly Nail t m.Eallannaf two ans 11 In. . r Council (session.nstl, w . oriel• Monaco anal Then w9 M an Na the c the auildin0 Offe rmllm .m- min NM lot mol a zn`H A dorm the roiec in A wYOaaan to Jon in the wswd wm.rPoe: June u, may pick up or re -I will be publicly also a be Pistilli opened and read wptramewem' Ino -� awe n t. dM. evil' m.ematwwam,.. .pan lock Ire orae. nt nal pw5ea above p Irw It.. in City Not The City) ....III BID DOCUMENTS SEBASTIAN 2010 PAVEMENT OVERLAY Prepared by: III NEEL-SCHAFFER Solutions you can build upon NEEL-SCHAFFER, INC. 120119TH PLACE, SUM A-100 VERO BEACH, FLORIDA — 32960 (772) 770 —4707 FAX: (772) 770 - 4640 For: CITY OF SEBASTIAN 1225 MAIN STREET SEBASTIAN, FLORIDA — 32958 June 2010 TABLE OF CONTENTS 1. Notice of Invitation to Bid................................................................................................... N-1 2. Table of Contents..................................................................................................................... i 3. Instructions for Bidders......................................................................................... IB -1 to IB -6 4. Bid Proposal Price Form......................................................................................................P-1 5. Drug Free Work Place Form........................................................................................ . D-1 6. Public Entity Crime Form........................................................................................ C-1 to C-4 7. Bidder Qualification Questionnaire.......................................................................... B-1 to B-4 8. Bid Bond..............................................................................................................BB-1 to BB -3 9. Construction Services Agreement..........................................................................A-1 to A42 10. Technical Specifications.........................................................................................TS-i to G-1 11. Pavement Locations Map........................................................................................Attachment i NOTICE OF INVITATION TO BID SEALED BIDS FORA LICENSED CONTRACTOR TO PROVIDE "PAVEMENT RECLAMATION, OVERLAY AND MICROSURFACING ALONG VARIOUS STREETS" WILL BE ACCEPTED BY THE CITY OF SEBASTIAN, 1225 MAIN STREET, SEBASTIAN, FLORIDA 32958, UNTIL 2:00 PM ON JULY 14.2010. BID ENVELOPES ARE TO BE MARKET) AS FOLLOWS: BID: SEBASTIAN PAVEMENT OVERLAY BID OPENING: Tuly 14, 2010. beainnina at 2:00 P.M. The City of Sebastian is seeking bids from licensed contractors to "PROVIDE PAVEMENT RECLAMATION, OVERLAY AND MICROSURFACNG ALONG VARIOUS STREETS" at designated location(s) in the City of Sebastian. The Contractor shall be able to be properly licensed in the City of Sebastian and shall provide proof of insurance to conduct its business, with all licenses, permits, & certificates as may be required by all local, State of Florida, and Federal Agencies. The Contractor shall submit a current license from the State of Florida must be capable of obtaining the appropriate licenses and certificates to perform the project in the City of Sebastian. Contractors interested in submitting a bid may pick up or request a bid package containing instructions for bidders and specifications from the City Manager's office located at City Hall on the second floor at 1225 Main Street, Sebastian, Florida 32958. There is a nonrefundable cost of $25.00 for the bid package. All items bid shall conform to the Bid Documents unless specifically approved in advance in writing by the City. This project calls for a Bid Bond in an amount not less than 5% of the base bid amount as well as performance and payment bonds on any resulting contract. Any person or affiliate who has been placed on the convicted vendor list following conviction for a public entity crime may not submit a bid as proscribed by Section 287.133, F.S. Questions concerning this bid should be directed to Neel -Schaffer, Inc, the Consultant City's engineers of record for this project in writing or email, at the Neel -Schaffer offices located at 120119" Place, Suite A-100, Vero Beach, Florida 32960 / email: Fi-,uik.Watanabe@neel-schafTer.com by July 1, 2010. There is a mandatory pre-bid conference scheduled to begin at 2:00 P.M. on June 22, 2010, at the address stated above in City Hall in the city's Council Chambers. There will be an official sign -in sheet for all bidders to sign in at the pre-bid conference. Bids duly submitted will be publicly opened and read aloud at the date and time specified above in City Hall. The City reserves the right to reject any and all bids, or to accept any bid or portion thereof deemed to be in the best interest of the City, and to waive any non -substantial irregularities. BY: City of Sebastian AI Minner, City Manager N-1 CITY OF SEBASTIAN INSTRUCTIONS FOR BIDDERS PRE-BID CONFERENCE A mandatory pre-bid conference shall be held at the City of Sebastian City Hall, 1225 Main Street, Sebastian, Florida 32958 at the time and date specified in the Notice of Invitation to Bid. All prospective bidders are required to attend this conference. Questions concerning the project or bid requirements may be addressed at this time. 2. REQUIRED COPIES Two (2) sets of bids shall be submitted on the Bid Proposal Price Form provided, including any other forms, proofs, and documents as required. 3. SEALED BIDS Bids shall be enclosed in a sealed envelope which shall show (lower left comer) the name of the Bid, and the date and time of opening. The envelope shall also show the name and address of the Bidder. The Bid shall be submitted as stipulated in the Notice of Invitation to Bid. 4. BIDS NOT CONSIDERED Bids not considered are Late Bids, telegraphed or faxed Bids and bids which do not conform to the instructions contained in the Notice of Invitation to Bid. Bids may be withdrawn by fax or telegraph provided that such notices are received prior to the date and time specified in the Invitation. 5. BID OPENING Bidders are welcome to attend the bid opening; however, attendance is not mandatory. Opening of the Bids will commence at the date and time specified in the Notice of Invitation to Bid, and publicly read aloud, providing one or more Bidders are in attendance. The Purchasing Agent or his designee shall be present at all Bid openings. 6. BID EXAMINATION Bid files may be examined during normal working hours, ten (10) days after bid opening, by appointment only, by contacting the City Clerk's office at 772-589-5330. REOUIItED INFORMATION Bidders shall follow all instructions and provide all information requested on the Bid Proposal Price Form. Bidders wishing to qualify all or any portion of the bid shall provide a hand printed or typed explanation on the bid or separate attachment to be submitted with the bid. 8. BIDDER QUALIFICATION OUESTIONNAIRE Bidders shall include the completed Bidder Qualification Questionnaire with the submitted bid proposal. The submitted Bidder Qualification Questionnaire will be reviewed by the City, if the bidder is the lowest bidder for this project. IB -1 9. ACCEPTABLE BIDS Bid proposals shall be typewritten or filled in with ink. Any erasures or corrections must be initialed by the Bidder in ink. 10. NEW EQUIPMENT AND MATERIALS Prices shown on the bids shall be prices for new equipment and materials, and the successful bidder shall warrant same for a period of not less than one (1) year from the installation date, or as otherwise stated. 11. SALES TAX Although the City of Sebastian is exempt from Federal and State Sales and Use taxes, Contractors or Vendors doing business with the City are not exempted from paying said taxes to their supplier for goods or services purchased to fulfill the contractual obligations with the City, nor shall any Contractor or Vendor be authorized to use the City's Tax Exemption Number in securing such materials. 12. CONFLICT OF INTEREST Contract Award is subject to provisions of State Statutes and City Ordinances. All Bidders must disclose with their bid the name of any officer, director, or agent who is also an employee of the City of Sebastian; further, all Bidders must disclose the name of any City employee who owns, directly or indirectly, an interest of ten percent (10%) or more in the Bidder's firm or any of its branches. Should the successful Bidder permanently or temporarily hire any City employee who is, or has been, directly involved with the Bidder prior to or during performance of the resulting contract, the Agreement shall be subject to immediate termination by the City. 13. LICENSING, CERTIFICATION, AND/OR REGISTRATION Contractors must show their current occupational license, as well as any licenses required by Chapter 489, F.S., Section 62C-20 (F.A.C.), and/or by the US EPA, FL DEP or the FL Department of Agriculture and Community Affairs. All licenses shall be up to date. Contractors must show their current Contractors license. Prior to start of work, if the Bidder is a State Certified General Contractor, the Bidder must be registered with the City of Sebastian; if the Bidder is a State Registered General Contractor, then the Bidder must hold a Competency Card with the City. In any event, the Contractor shall contact Karen Park, the Administrative Assistant at the Building Department 772-589-5537 and insure compliance with all City ordinances, rules and regulations, including Building Permits if required. Lack of knowledge by the Bidder shall in no way be a cause for relief from responsibility. Failure to comply with the above may result in the rejection of the Bid. Two (2) copies of any license or certification as required shall be submitted with the bidding documents. IB -2 A certificate or letter showing compliance with the City's Contract Licensing requirements must be obtained from the City's Building Department, and is required on this project prior to execution of a contract, and shall be submitted to the Purchasing & Contract Administrator with any payment/performance bonds which may be required. In essence, this authorizes you to perform work in the City of Sebastian. Any Sub-Contractor(s) must also be certified. 14. CORRECTIONS, CANCELLATION, & WITHDRAWAL A. Bidders may be asked to provide further information after bid opening to determine the responsibility of the vendor. B. Waiver of Technicality: Information shall not be considered after the bid opening if it has been specifically requested to be provided with the bid and becomes a matter of responsiveness. The bid shall be considered responsive if it substantially conforms to the requirements of the Invitation to Bid. The City may waive any informality, technicality, or irregularity on any bid. A minor or non -substantive lack of conformity may be considered a technicality or irregularity which may be waived by the City. C. Mathematical Errors: Errors in extension of unit prices or in mathematical calculations may be corrected. In cases of errors in mathematical computations, the unit prices shall not be changed. D. Cancellation or Postponement: The Purchasing & Contract Administrator may cancel or postpone the bid opening or cancel the Invitation to Bid in its entirety. E. Withdrawal: Prior to any published bid opening date and time, a bidder may withdraw his or her bid in writing. A fax is permitted for this purpose, provided a confirming telephone call is made. F. Amendments: Prior to any published bid opening date and time, a bidder may amend the bid provided that it is in writing, in a sealed envelope, and identified. 15. AVAILABILITY OF FUNDS The obligations of the City of Sebastian under this award are subject to the availability of funds lawfully appropriated for its purpose by the City Council of the City of Sebastian. 16. PUBLIC ENTITY CRIMES Any person or firm submitting a bid in response to this invitation must execute the attached SWORN STATEMENT UNDER SECTION 287.133, FLORIDA STATUTES, PUBLIC ENTITY CRIMES, including proper check(s) in the space(s) provided, and enclose it with said bid. !B-3 17. DRUG-FREE WORKPLACE The Drug -Free Workplace form, as attached hereto, shall be submitted with the bidding documents. 18. BID GUARANTEE The Bidder warrants that the unit prices, terms, and conditions quoted in the bid will be firm for acceptance for a period of not less than sixty (60) days from the bid opening date. Such prices will remain firm for the period of performance of resulting purchase orders or contracts which are to be performed. 19. BIDBOND (ONLYIF CALLED FOR INTHENOTICE OF INVITATION TO BID) A Bid Bond equal to five percent (5%) of the bid amount shall be required on this project, and must be submitted along with two (2) copies of the Bid, failure to do so will automatically disqualify the Bid. Unsuccessful bidders shall be entitled to a return of surety after final award of bid. A successful bidder shall forfeit the amount of its security upon failure on his part to execute a agreement within ten (10) days after receipt of a proposed agreement from the City unless the time for executing the agreement is extended by the City. 20. PAYMENT AND PERFORMANCE BONDS (ONLY IF CALLED FOR IN THE NOTICE OF INVITATIONTOBID) A Payment and Performance Bond equal to one hundred percent (100%) of the Agreement price shall be required on this project, and shall be provided by the successful bidder at the stipulated time of the execution of the agreement, failure to do so shall cause said bidder to be in default and forfeit his Bid Bond in its entirety. (Sample Forms are provided for information purposes.) NOTE: BID BOND AND PAYMENT AND PERFORMANCE BOND REQUIREMENTS: The bond(s) shall be provided by a surety company authorized to do business in the State of Florida, and approved by the City. In lieu of a bond(s) the contractor may furnish as security in favor of the City a certified check, a cashiers check or an irrevocable letter of credit. The check or letter of credit shall be drawn on or issued by a bank authorized to do business in the State of Florida. The form of the check or letter of credit must be approved by the City. Attorneys -in -fact who sign Bonds must file with each bond a certified and effective dated copy of their Power - of Attorney. Surety companies executing Bonds must appear on the Treasury Department's most current list (Circular 570 as amended), and be authorized to transact business in the State of Florida. 21. LIQUIDATED DAMAGES The City shall be entitled to liquidated damages in the amount of one hundred Dollars ($100.00) per day for every day that the Contractor is late in completing the work requirements for each Phase as stipulated in the agreement, and bidding documents. Said damages shall be deducted by the City from monies due Contractor. !B-4 22. INSURANCE All bidders shall submit evidence of insurance as follows; Auto Liability, Workers Compensation, and General Liability. Cost for all insurance shall be bom by the bidder. All insurance shall be acceptable to the City in its sole discretion. 23. BIDAWARD The contract/agreement will be awarded to the lowest responsive and/or responsible Bidder whose bid, conforming to the specifications and Instructions For Bidders, will be most advantageous to the City in consideration of price, time of performance, and other factors as determined by the City. The Purchasing Agent shall issue a notice of award, if any, to successful bidders. 24. REJECTION OF BIDS The City reserves the right to reject any and all Bids, to waive any and all informalities not involving price, time, or changes in the work, and to negotiate contract terms with the successful Bidder, and the right to disregard all non -conforming, non-responsive, imbalanced, or conditional Bids. More than one Bid from an individual, firm or association under same or different names, will not be considered. Any or all Bids will be rejected if there is reason to believe that collusion exists among the Bidders, and no participants in such collusion will be considered in future proposals for the same work. 25. A list of References is required, but is not required to be submitted with the Bid proposal. However, a list of References must be provided to the City, prior to any Contract Award. 26. LIST OF SUB -CONTRACTORS A list of Sub -Contractors is required, but is not required to be submitted with the Bid proposal. However, all Sub -Contractors must be approved by the City, prior to any Contract Award. 27. CO-OPERATIVE PURCHASING It is the intent of the Notice of Invitation to Bid to secure goods or services to be used by the City of Sebastian. However, by virtue of bidding, the Bidder accepts the right of other Government Entities to "piggyback" purchase from this proposal by mutual consent. Any such purchase shall be separate and apart from the City of Sebastian, and said City assumes no liability for such action. 28. The Bidder/Contractor shall not practice or condone personnel or supplier discrimination of any nature whatsoever, in any manner proscribed by Federal or State of Florida laws and regulations. IB -5 29. PURCHASING CARD PROGRAM The City of Sebastian has implemented a purchasing card program through Bank of America, using the Visa network. Vendors may receive payment through the purchasing card program for goods and services provided to the City in the same manner as other Visa purchases. Accordingly, Vendors that wish to accept payments in this manner must indicate that they have the ability to accept Visa or that they will take whatever steps are necessary to accept Visa before the start of the contract. The City of Sebastian reserves the right to revise and/or cancel this program at any time, and assumes no liability for such action. 30. PUBLIC RECORDS Florida law provides that municipal records shall at all times be open for personal inspection by any person. Section 119.01 F.S., The Public Records Law. Information and materials received by the City in connection with all Bidder's responses shall be deemed to be public records subject to public inspection upon award, recommendation for award, or 10 days after the bid opening, whichever occurs fust. However, certain exemptions to the public records law are statutorily provided for in Section 119.07, F.S. Therefore, if the Bidder believes any of the information contained in his or her response is exempt from the Public Records Law, then the Bidder must in his or her response specifically identify the material which is deemed to be exempt and cite the legal authority for the exemption, otherwise, the City will treat all materials received as public records. IB -6 "SEBASTIAN 2010 PAVEMENT OVERLAY" Bid Due: Bid OneninP: No Later Than 2:00 P.M on July 14, 2010 Beginning at 2:00 P.M. on July 14, 2010 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 one hundred Dollars ($100.00) per day for every day that the Contractor is late in completing the work requirements for each Phase as stipulated in the agreement, and bidding documents. Said damages shall be deducted by the City from monies due Contractor. The Alternate Bid Items on the Project will be authorized for construction at the discretion of the City of Sebastian. The City has the right to award one of the alternatives, as listed below: BID ITEM #1— GENERAL QUANTITY $/UNIT COST 1. Prime and Tack Coats GAL /GAL 2. Milling Existing Pavement SY /SY 3. Asphalt Based Course Stabilization By means of cold in place recycling Cement Treated SY /SY 4. Hot Mix Asphalt Overlay TON /TON 5. Micro -Surfacing SY /SY 6. Asphalt Emulsion GAL /GAL P-! "SEBASTIAN 2010 PAVEMENT OVERLAY" NOTE: VENDOR WARRANTS TOTAL CONTRACT TEWE SHALL NOT EXCEED 120 CONSECUTIVE CALENDAR DAYS. Name of Firm (Please Type or Print) Firm's Address: Telephone Number(s): Fax Number(s): Name and Title ofAuthorized Representative (Please Type or Print) Email Address (es): Signature of Authorized Representative Date Signed P-1 BIDDER QUALIFICATION QUESTIONNAIRE (This form is not required to be included in the bid proposal submittal. 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 Name of Bidder General Contractor's License Federal Identification Principal Office Address: A Partnership A Corporation (1) How many years has your organization been in business as a contractor under your present name? (2) How many years experience in road and utility construction work has your organization had as a contractor? As a Subcontractor? (3) List below the requested information concerning projects your organization has completed in the last five (5) years for the type of work required in this project. (Use additional sheets if necessary). Include the type of work similar to the work included in this contract if possible. Project Contract Required Actual Name/Address/Tel Title Amount Completion Date Cornolefion Date of Owner r:D1 (4) Have you ever failed to complete any work awarded to you? If so, where and why? (5) Has any officer or partner of your organization ever been an officer or partner of some other organization that failed to complete a construction contract? If so, state name of individual, name of other organization, and reason therefore. (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. (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. (8) What is your bonding capacity? (9) What amount of your bonding capacity has been used as of the date of this bid? a -z (10) How many applications for performance and payment bonds have you made in the last three (3) years? (11) How many of these applications were not approved? (12) Have any claims been filed against your surety bond company in the last five (5) years? If so, describe the nature of the claims and give the names of the surety companies, dates of each claim, identifying numbers of each claim, amounts of each claim, and the status of each claim. (Use additional sheets if necessary.) (13) Have your company been in disputes or litigations in the last five (5) years over construction projects which are completed or still pending for completion? If so, describe the nature of the disputes or litigations and state the Owner's Name, Address, Telephone, and amount of disputes or litigations. (Use additional sheets if necessary.) B-3 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 nonresponsibility with respect to such contractor. (SIGNATURE OF BIDDER) (TYPE OR PRINT COMPANY NAME) (TYPE OR PRINT ADDRESS) B-4 STATE OF FLORIDA) COUNTY OF INDIAN RIVER) CITY OF SEBASTIAN) KNOWN ALL MEN BY THESE PRESENTS, that As Principal, and as Surety, are held and firmly bound unto the City of Sebastian, in the penal sum of (Dollars) $ 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 , for: 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 day of 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. EE -1 VVIT ESS: If Sole Ownership or Partner ship, one (1) Witness is required. If Corporation, Secretary only will attest & affix seal.) PRINCIPAL: Name of Firm AM Seal (Signature of Authorized Officer) (Business Address) (City) (State) (zip) SURETY: (Corporate Surety) Affix Seal Surety Secretary (Signature of Authorized Officer) (Title) (Business Address) (City) (State) (zip) (Name of Local Insurance Agency) (Address) The rate of premium of this bond is per thousand. Total amount of premium charges (The above must be filled in by Corporate Surety.) CERTIFICATES AS TO CORPORATE PRINCIPAL I, , certify that I am the Secretary of the Corporation named as Principal in the within bond, that who signed the said bond on behalf of the principal, was then 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 behalf of said corporation of its governing body. (Corporate Seal) State of Florida County of Indian River City of Sebastian Before me, a Notary Public duly commissioned, qualified and acting, personally appeared; to me well known, who being by me first duly sworn upon oath, says that he is the attorney in fact for the and that he has been authorized by Contractor named therein favor of the City of Sebastian, Florida. Subscribed and sworn to before me this day of Notary Public My Commission Expires VRM 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 (formal 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 L1]0871OM) .0HIla C-1 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 ADMIINISTER OATHS. I. This sworn statement is submitted with Bid, Proposal or Agreement No. for THE CITY OF SEBASTIAN. 2. This sworn statement is submitted by (name of entity submitting sworn statement) whose business address is and (if applicable) its Federal Employer Identification (FEIN) is (If the entity has no FEIN, include the Social Security Number of the individual signing this sworn statement: ) 3. My name is (please print name of individual signing) and my relationship to the entity named above is 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. 5. I understand that "convicted" or "conviction" as defined in Paragraph 287.133(1)(b), Florida Statutes, means a finding of guilt or a conviction of a public entity crime, with or without an adjudication of guilt, in any federal or state trial court of record relating to charges brought by indictment or information after July 1, 1989, as a result of a jury verdict, nonjury trial, or entry of a plea of guilty or nolo contendere. 6. I understand that an "affiliate" as defined in Paragraph 287.133(1)(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. C-2 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 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.) 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.) C-3 The person or affiliate has not been placed on the convicted vendor list. (Please describe any action taken by or pending with the Department of General Services.) (Signature) STATE OF FLORIDA COUNTY OF The foregoing instrument was acknowledged before me this 2007 by behalf of known to me or has produced take an oath. day of (title) on (name of partnership), a partnership. He/she is personally as identification and did ( ) did not ( ) Name: My Commission Expires: Commission Number: G-4 DRUG-FREE WORKPLACE FORM The undersigned Contractor, in accordance with Florida Statute 287.087 hereby certifies that 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. Date: As the person authorized to sign this statement, I certify that this firm complies fully with the above requirements. VO Signature Technical Specifications Pavement Overlay Section........................................................................................................................ 1. Maintenance of Traffic.......................................................................................... 2. Subsurface Investigation..................................................................... 4. Demolition.......................................................................................... 5. Site Preparation................................................................................... 6. FDOT Section 300 Prime and Tack Coats (Emulsified Asphalt) ....... 7. FDOT Section 327 Milling of Existing Asphalt Pavement ............... 8. FDOT Section 334 Hot Mix Asphalt .................................................. 9. FDOT 335 Micro-Surfacing................................................................ r� ............. Page ..... 1-1 to 1-4 ................................. 3-1 ...................... 4-1 to 4-2 ............................... 5-1 .................... 6-1 to 6-5 .................... 7-1 to 7-4 8-1 to 8-10 ................9-1-9-8 SECTION 1 MAINTENANCE OF TRAFFIC PART 1- GENERAL 1.1 SUMMARY A. Maintain traffic within the limits of the project for the duration of the construction period, including any temporary suspensions of the work. Construct and maintain traffic detours during construction. Furnish, install and maintain traffic control and safety devices during construction. Furnish and install work zone pavement markings for maintenance of traffic in construction areas. Provide any other special requirements for safe and expeditious movement of traffic specified on the plans. Maintenance of Traffic (MOT) shall include all facilities, devices and operations as required for safety and convenience of the public within the work zone. B. Any traffic lane closures and detours will require a traffic control plan signed by a Florida Professional Engineer. Traffic control plans will be submitted to the city for review approval at least one week before construction. C. Do not maintain traffic over those portions of the project where no work is to be accomplished or where construction operation will not affect existing roads. Do not obstruct or create a hazard to any traffic during the performance of the work and repair any damage to the existing pavement open to traffic. PART2-PRODUCTS 2.1 MATERIALS A. All products will meet the following FDOT specification requirements: • Bituminous Adhesive — Section 970 • Work Zone Pavement markings — Section 971-1 and 071-3 • Paint — Section 971 • Removable Tape — Section 990-5 2.2 TRAFFIC CONTROL DEVICES A. Use only the materials meeting the requirements of FDOT specification Section 990, of the design standards and MUTCD. 2.3 TRAFFIC CONTROL STANDARDS A. FDOT Design standards are the minimum standards for the use in the development of all traffic control plans. The MUTCD part VI is the minimum national standard for traffic control for roadway construction, maintenance and utility operations. Follow the basic principles and minimum standards contained in these documents for the design, application, installation, maintenance and removal of all traffic control devices, warning devices and barriers which are necessary to protect the public and workers form hazards within the project limits. 2.4 MAINTENANCE OF ROADWAY A. Maintain all lanes that are being used for maintenance of traffic, including those on detours and temporary construction access, under all weather conditions. Keep the lanes reasonably free of dust, potholes and rutting. Provide the lanes with the drainage facilities necessary to maintain a smooth riding surface under all weather conditions. 2.5 NUMBER OF TRAFFIC LANES A. Maintain one lane of traffic in each direction of travel. Maintain two lanes of traffic in each direction at existing four lanes (or more) cross roads, where necessary to avoid undue traffic congestion. Construct each lane used for maintenance of traffic as least as wide as the traffic lanes 1- 1 existing in the area before commencement of construction. Do not allow traffic control and warning devices to encroach onto travel lanes used for MOT. B. The Engineer may allow the Contractor to restrict traffic to one-way operation for short -periods of time provided that the Contractor employs adequate means of traffic control and does not unreasonable delay traffic. When a construction activity requires restricting traffic to one-way operations, locate the flaggers within view of each other when possible. When visual contact between flaggers is not possible, equip them with 2 -way radios, official, or pilot vehicle(s), or use a portable traffic signal. 2.6 FLAGGERS A. Provide trained flaggers in accordance with Section 105 FDOT standards or MUTCD Part VI. 2.7 TEMPORARY TRAFFIC CONTROL DEVICES A. Install and maintain adequate traffic control devices, warning devices and barriers to protect the traveling public and workers, and to safeguard the work area. Erect the required traffic control devices, warning devices and barriers to prevent any hazardous conditions and in conjunction with any necessary traffic re-routing or detours. B. Notify the Engineer of any schedule operations which will affect traffic patterns or safety, sufficiently in advance of commencing such operation to permit the Engineers review and approval of the traffic control plan for the proposed installation of traffic control devices and warning devices and barriers. C. Keep traffic control devices, warning devices, safety devices and barriers in the correct position, properly directed, clearly visible and clean at all times. Immediately repair, replace or clean damaged, defaced or dirty devices or barriers. 2.8 BARRIER WALL (TEMPORARY) A. Furnish, install, maintain, remove and relocate a temporary barrier wall in accordance with the MOT plan and these supplemental specifications. Temporary concrete barrier wall for use on roadway sections will be in accordance with the FDOT Index 415 or 414 and the MUTCD Part VI. 2.9 PORTABLE CHANGEABLE MESSAGE SIGNS (PCMS) A. Furnish changeable message signs in accordance with the MOT plans and these special provisions. A typical 5 foot by 8 foot PCMS will be located as shown on the MOT plan as a stand alone maintenance of traffic device to provide construction information. PART 3 -EXECUTION 3.1 GENRAL TRAFFIC CONTROL SPECIFICATIONS A. Construction area signs for temporary traffic control shall be furnished, installed, maintained, and removed when no longer required in conformance with the provisions in these supplemental specifications. B. Use only when stationary mounted construction area signs are used. Attention is directed to the contractor to provide and famish all required traffic control devices and signs per the design traffic management plan. C. Construction Project Information Signs shall be used and provided by the contractor. Attention is directed in the supplemental specifications regarding the number and type of construction project information signs to be furnished, erected, maintained, and removed and disposed of. D. Unless otherwise shown on the plans or specified in these special provisions, the color of construction area warning and guide signs shall have black legend and border on orange background. 1-2 E. Use only when construction area signs are fluorescent orange in color. Orange background on construction area signs shall be fluorescent orange. F. Repair to construction area sign panels will not be allowed, except when approved by the Engineer. At nighttime under vehicular headlight illumination, sign panels that exhibit irregular luminance, shadowing or dark blotches shall be immediately replaced at the Contractor's expense. G. The Contractor shall notify the Engineer for operators of subsurface installations at least 5 working days, but not more than 14 calendar days, prior to commencing excavation for construction area sign posts. H. Excavations required to install construction area signs shall be performed by hand methods without the use of power equipment, except that power equipment may be used if it is determined there are no utility facilities in the area of the proposed post holes. The post hole diameter, if backfilled with Portland cement concrete, shall be at least 4 inches greater than the longer dimension of the post cross section. 1. Construction area signs placed within 15 feet from the edge of the travel way shall be mounted on stationary mounted sign supports as specified in these supplemental specifications. The Contractor shall maintain accurate information on construction area signs. Signs that are no longer required shall be immediately covered or removed. Signs that convey inaccurate information shall be immediately replaced or the information shall be corrected. Covers shall be replaced when they no longer cover the signs properly. The Contractor shall immediately restore to the original position and location any sign that is displaced or overturned, from any cause, during the progress of work. K. The full width of the traveled way shall be open for use by public traffic when construction operations are not actively in progress. L. The full width of the traveled way shall be open for use by public traffic on Saturdays, Sundays, Special Days, designated legal holidays; after 3:00 p.m. on Fridays and the day preceding designated legal holidays; and when construction operations are not actively in progress.4 M. Work that interferes with public traffic shall be limited to the hours when lane closures are allowed. N. Under one-way reversing traffic control operations, public traffic may be stopped in one direction for periods not to exceed 10 minutes. O. On days that lane closures are not allowed, one lane may be closed to maintain the seal coat surface as required in Standard Specifications. Lane closures to maintain the seal coat surface shall be restricted to daylight hours when public traffic will be least inconvenienced and delayed, as determined by the Engineer. P. Local authorities shall be notified at least 5 business days before work begins. The Contractor shall cooperate with local authorities to handle traffic through the work area and shall make arrangements to keep the work area clear of parked vehicle. Q. During bridge placement, the road may be closed and public traffic stopped for periods not to exceed one day. Detour signs will need to be placed to redirect traffic. R When work vehicles or equipment are parked on the shoulder within 6 feet of a traffic lane, the shoulder area shall be closed with fluorescent orange traffic cones or portable delineators placed on a taper in advance of the parked vehicles or equipment and along the edge of the pavement at 25 -foot intervals to a point not less than 25 feet past the last vehicle or piece of equipment. 1-3 S. The Contractor shall immediately restore to the original position and location a traffic cone or delineator that is displaced or overturned, during the progress of work. T. A minimum of one paved traffic lane, not less than 10 feet wide, shall be open for use by public traffic in each direction of travel. U. The Engineer may approve deviations if there is no significant increase in the cost to the project and if the work can be expedited and better serve the public traffic. V. Designated legal holidays are: January 1st, the third Monday in February, the last Monday in May, July 4th, the first Monday in September, November 11th, Thanksgiving Day, and December 25th. When a designated legal holiday falls on a Sunday, the following Monday shall be a designated legal holiday. When November 11 th falls on a Saturday, the preceding Friday shall be a designated legal holiday. END OF SECTION - 1 1-4 SECTION 2 TEMPORARY EROSION AND SEDEWENTATION CONTROL PART 1— GENERAL 1.1 DESCRIPTION A. Scope of work: 1. The Work related to temporary erosion and sedimentation control shall meet all requires per the St. John's River Water Management District (SJRWMD) for providing, maintaining and removing temporary erosion and sedimentation controls as necessary. 2. The Work specified in this Section consists of designing, providing, maintaining and removing temporary erosion and sedimentation controls as necessary. Temporary erosion controls include, but are not limited to, grassing, mulching, netting, watering and reseeding on-site surfaces and soil and borrow area surfaces, and providing interceptor ditches at end of berms and at those locations which will ensure that erosion during construction will be either eliminated or maintained within acceptable limits as established by the regulatory agencies having jurisdiction. 4. Temporary sedimentation controls include, but are not limited to, silt dams, traps, barriers, and appurtenances at the foot of sloped surfaces which will ensure that sedimentation pollution will be either eliminated or maintained within acceptable limits as established by the regulatory agencies having jurisdiction. 5. Contractor is responsible for providing effective temporary erosion and sediment control measures during construction or until final controls become effective. PART2-PRODUCTS 2.1 EROSION CONTROL A. Seeding, mulching, and sodding is specified in Section 02480. B. Netting: Fabricated of material acceptable to the Owner. 2.2 SEDIMENTATION CONTROL A. Bales: Clean, seed -free cereal hay type. B. Netting: Fabricated of material acceptable to the Owner. C. Filter Stone: Crushed stone conforming to Florida Department of Transportation specifications. D. Concrete Block: Hollow, non -load bearing type. E. Concrete: Exterior grade not less than one inch thick. PART 3 - EXECUTION 3.1 EROSION CONTROL A. Minimum procedures for grassing are: 1. Scarify slopes to a depth of not less than six inches and remove large clods, rock, stumps, roots larger than %2 -inch in diameter and debris. 2-1 2. Sow seed within twenty-four (24) hours after the ground is scarified with either mechanical seed drills or rotary hand seeders. Apply mulch loosely and to a thickness of between 3/4 -inch and 1 %-inches. 4. Apply netting over mulched areas on sloped surfaces. 5. Roll and water seeded areas in a manner which will encourage sprouting of seeds and growing of grass. Reseed areas which exhibit unsatisfactory growth. Backfill and seed eroded areas. 3.2 SEDIMENTATION CONTROL A. Install and maintain silt dams, traps, barriers, and appurtenances as shown on the accepted descriptions and working drawings. Hay bales which deteriorate and filter stone which is dislodged shall be replaced. 3.3 PERFORMANCE A. Should any ofthe temporary erosion and sediment control measures employed by the Contractor fail to produce results which comply with the requirements of the regulatory agency having jurisdiction, the Owner or Engineer, Contractor shall immediately take whatever steps are necessary to correct the deficiency at his own expense. END OF SECTION - 2 2-2 SECTION 3 SUBSURFACE INVESTIGATION PART 1- GENERAL 1.1 GENERAL A. Bidders shall make their own interpretation of the data contained in said reports, and the Contractor shall not be relieved of liability under the contract for any loss sustained as a result of any variance between conditions indicated by or deduced from said reports and the actual conditions encountered during the progress of the work. Any available geotechnical reports are not part of this Contract Documents, but the technical data contained therein upon which the Contractor is entitled to rely as identified and established above are incorporated therein by reference only. END OF SECTION - 3 3-1 SECTION 4 DEMOLITION PART 1- GENERAL 1.1 DESCRIPTION OF WORK A. Demolition includes the complete removal of existing pavement and other materials and the removal and disposal of demolished materials, including but not limited to fencing, trees, headwalls, pipes and other materials shown on the drawing and specified to be removed. 1.2 QUALITY ASSURANCE A. Accomplish all demolition work so there is no injury to any persons and no damage to adjacent structures or property. All demolition methods shall be in full compliance with municipal, county, state, and federal ordinances. Demolition work shall comply with the requirements ofthe Occupational Safety and Health Administration (OSHA). B. The Contractor shall comply with all municipal, county, state, and federal ordinances regarding the disposal of rubble, scrap metal, and refuse. C. Demolition procedures shall provide for safe conduct of the work, protection of property which is to remain undisturbed, and coordination with other work in progress. 1.3 JOB CONDITIONS A. Condition of Structures: 1. The Engineer and the City assume no responsibility for the actual condition of area to be demolished. The Contractor shall field verify the conditions to be encountered in the work to be performed. B. Explosives: 1. The use of explosives will not be permitted. C. Traffic: 1. Conduct demolition operations and the removal of debris to ensure minimum interference with roads, streets, walks and other adjacent occupied or used facilities. D. Protections: 1. Ensure the safe passage of persons around the area of demolition. Conduct operations to prevent injury to adjacent buildings, structures, other facilities, and persons. E. Damages: 1. Promptly repair damages caused to adjacent facilities by demolition operations at no cost to the Engineer and the City. PART 2 - PRODUCTS (NOT USED) PART 3 — EXECUTION 3.1 DEMOLITION A. Pollution Controls: 1. Use water sprinkling, temporary enclosures, and other suitable methods to limit the amount ofdust and dirt rising and scattering in the air to the lowest practical level. 2. Comply with governing regulations pertaining to environmental protection. 4-1 3. Clean adjacent structures and improvements of dust, dirt, and debris caused by demolition operations, as directed by the Engineer. Return adjacent areas to condition existing prior to the start of the work. 4. Demolish concrete and masonry in small sections. 3.2 DISPOSAL OF DEMOLISHED MATERIALS A. General: 1. Remove from the site debris, rubbish, and other materials resulting from demolition operations. 2. Burning of materials removed from demolished structures will not be permitted on the site. B. Removal: L Transport materials removed from demolished structures and dispose of off the site. END OF SECTION - 4 4-2 SECTION 5 STI'E PREPARATION PART 1- GENERAL 1.1 SCOPE OF WORK A. The work consists of furnishing all labor, material and equipment necessary for the removal of all vegetation, waste materials and unsuitable materials from all areas of the site as required for the new pavement construction. 1.2 DESCRIPTION OF WORK A. The Contractor shall clear and grub any and all the area within the limits of construction and as required to perform the work. The width of the area to be cleared shall be accepted by the Engineer prior to the beginning of any clearing. All site preparation shall be done in accordance with local clearing, landscape and tree ordinances. Site preparation includes drying the existing ditch prior to construction. 1.3 JOB CONDITIONS A. Traffic: Conduct site clearing operations to ensure minimum interference with roads and other adjacent facilities. Do not close or obstruct streets, walks or other occupied or used facilities without permission from authorities having jurisdiction. B. Protection of Existing Improvements: Provide protection necessary to prevent damage to existing improvements indicated to remain in place. Protect improvements on adjoining properties. 2. Restore damaged improvements to their original condition, as acceptable to parties having jurisdiction. PART 2 — EXECUTION 2.1 GENERAL A. Remove trees, shrubs, grass and other vegetation, improvements, or obstructions interfering with installation of new construction and other site improvements. Remove such items elsewhere on site or premises as specifically indicated or as necessary to create a clean, usable, and buildable site free from items such as debris, dead trees, and stumps. Removal includes digging out stumps and roots. 2.2 CLEARING AND GRUBBING A. Where required clear site of trees, shrubs and other vegetation. 1. Completely remove stumps, roots and other debris. 2. Fill depressions caused by clearing and grubbing operations with satisfactory soil material, unless further excavation or earthwork is indicated. 2.3 DISPOSAL OF WASTE MATERIALS A. Burning on Owner's Property: Burning will not be permitted unless specifically accepted by the Owner and the Engineer. B. Removal from Owner's Property: Remove waste materials, unsuitable spoil material, and excess top soil from Owner's property and dispose of at an accepted site in a legal manner. END OF SECTION - 5 5-1 SECTION 300 PR]ME 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 -1H diluted in equal proportion with water; Emulsified Asphalt Grade AE -60, AE -90, AE -150, or AE -200 diluted at the ratio of six parts emulsified asphalt to four parts water; Special MS -Emulsion diluted at the ratio of six parts emulsified asphalt to four parts water; Asphalt Emulsion Prime (AEP), Emulsion Prime (RS Type), or EPR -1 Prime meeting the requirements of 916-4, or other types and grades of bituminous material which may be specified in the Contract Documents. Where the above materials for use as a prime coat are to be diluted, certify that the dilution was done in accordance with this Section for each load of material used. The Contractor may select any of the specified bituminous materials unless the Contract Documents indicate the use of a specific material. The Engineer may allow types and grades of bituminous material other than those specified above if the Contractor can show that the alternate material will properly perform the function of prime coat material. 300-2.2 Cover Material for Prime Coat: Uniformly cover the primed base by a light application of cover material. However, if using EPR -1 prime material, the Engineer may waive the cover material requirement if the primed base is not exposed to general traffic and construction traffic does not mar the prime coat so as to expose the base. The Contractor may use either sand or screenings for the cover material. For the sand, meet the requirements as specified in 902-2 or 902-6, and for the screenings, meet the requirements as specified in 902-5. If exposing the primed base course to general traffic, apply a cover material that has been coated with 2 to 4% asphalt cement. Apply the asphalt coated material at approximately 10 lb/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-lhm meeting the requirements of 916-4. Heat RS -1h, RS -2, CRS -1h, and NTSS-lhm to a temperature of 150 to 180°F. The Contractor may use RS-lh 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 -1b, or NTSS-lhm for night paving if the Contractor demonstrates, at the time of use, that the emulsion will break and not affect the progress of the paving operation. 300-3 Equipment. 300-3.1 Pressure Distributor: Provide a pressure distributor that is equipped with pneumatic tires having a sufficient width of rubber in contact with the road surface to avoid breaking the bond or forming a rut in the surface. Ensure that the distance between the centers of openings of the outside nozzles of the spray bar is equal to the width of the application required, within an allowable variation of 2 inches. Ensure that the outside nozzle at each end of the spray bar has an area of opening not less than 25% or more than 75% in excess of the other nozzles. Ensure that all other nozzles have uniform openings. When the application covers less than the full width, the 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 vanes by more than 5% from the rate set by the Engineer or varies beyond the range established in 300-7or 300-8, immediately make all corrections necessary to bring the spread rate into the acceptable range. The Engineer may take additional measurements at any time. The Engineer will randomly check the Contractor's measurement to verify the spread rate. 300-5 Cleaning Base and Protection of Adjacent Work. Before applying any bituminous material, remove all loose material, dust, dirt, caked clay and other foreign material which might prevent proper bond with the existing surface for the full width of the application. Take particular care in cleaning the outer edges of the strip to be treated, to ensure that the prime or tack coat will adhere. When applying the prime or tack coat adjacent to curb and gutter, valley gutter, or any other concrete surfaces, cover such concrete surfaces, except where they are to be covered with a bituminous wearing course, with heavy paper or otherwise protect them as approved by the Engineer, while applying the prime or tack coat. Remove any bituminous material deposited on such concrete surfaces. 300-6 Weather Limitations. Do not apply prime and tack coats when the air temperature in the shade and away from artificial heat is less than 40°F at the location where the application is to be made or when weather conditions or the surface conditions are otherwise unfavorable. 300-7 Application of Prime Coat. 300-7.1 General: Clean the surface to be primed and ensure that the moisture content of the base does not exceed the optimum moisture. Ensure that the temperature of the prime material is between 100 and 150°F. The Engineer will designate the actual temperature to ensure uniform distribution. Apply the material with a pressure distributor. Determine the application amount based on the character of the surface. Use an amount sufficient to coat the surface thoroughly and uniformly with no excess. 300-7.2 Rate of Application: 300-7.2.1 Limerock, Limerock Stabilized, and Local Rock Bases: For these bases, use a rate of application that is not less than 0.10 gal/yd2, 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 gal/yd2, unless a lower rate is directed by the Engineer. Detemmine the application rate at the beginning of each day's production, and as needed to control the operation, a minimum of twice per day. 300-7.3 Sprinkling: If so required by the Engineer, lightly sprinkle the base with water and roll it with a traffic roller in advance of the application of the prime coat. 300-7.4 Partial Width of Application: If traffic conditions warrant, the Engineer may require that the application be made on only 1/2 the width of the base at one time, in which case use positive means to secure the correct amount of bituminous material at the joint. 300-8 Application of Tack Coat. 300-8.1 General: Where the 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. 300-83 Method of Application: Apply the tack coat with a pressure distributor except that on small jobs, if approved by the Engineer, apply it by other mechanical devices or by hand methods. Heat the bituminous material to a suitable temperature as designated by the Engineer, and apply it in a thin, uniform layer. 300-8.4 Rate of Application: Use a rate of application as defined in Table 300-1. Control the rate of application to be within t 0.01 gal/yd2 of the target application rate. The target application rate may be adjusted by the Engineer to meet specific field conditions. Determine the rate of application a minimum of twice per day, once at the beginning of each day's production and as needed to control the operation. When using RA -550, multiply the target rate of application by 0.6. Table 300-1 Tack Coat Application Rates Asphalt Mixture Type Underlying Pavement Surface Target Tack Rate (gal/yd Base Course, Structural Course, I Newly Constructed As halt Layers 0.02 minimum Dense Graded Friction Course Milled Surface or Oxidized and Cracked Pavement 0.06 Concrete Pavement 0.08 Open Graded Friction Course Newly Constructed Asphalt Layers 0.05 Milled Surface 0.07 300-8.5 Curing and Time of Application: The Engineer will designate the curing period for the tack coat. Apply the tack coat sufficiently in advance of the laying of the bituminous mix to permit drying, but do not apply the tack coat so far in advance that it inight lose its adhesiveness as a result of being covered with dust or other foreign material. 300-8.6 Protection: Keep the tack coat surface free from traffic until the subsequent layer of bituminous hot mix has been laid. 300-9 Method of Measurement. 300-9.1 General: The quantity specified will be the volume, in gallons of bituminous material actually applied and accepted. This spread rate will be determined from measurements made by the Contractor and verified by the Engineer based on tank calibrations, as specified in 300-9.2. Where it is specified that prime coat or tack coat material is to be diluted with water, the amount specified for the spread rate will be the volume after dilution. 300-9.2 Calibration of Tanks: Ensure that all distributors used for applying tack or prime coats are calibrated prior to use by a reliable and recognized firm engaged in calibrating tanks. Provide a certification of calibration and the calibration chart to the Engineer prior to use. In lieu of a 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-60)+1 V= Volume of the bituminous material at 60°F (pay volume). V 1= Volume of bituminous material as measured. K= Correction factor (Coefficient of Expansion). T= Temperature (in °F), of the bituminous material when measured. 300-10 Basis of Payment Price and payment will be full compensation for all work specified in this Section, including labor and equipment for the emulsified asphalt per gallon. SECTION 327 MILLING OF EXISTING ASPHALT PAVEMENT 327-1 Description. Remove existing asphalt concrete pavement by milling to improve the rideability and cross slope of the finished pavement, to lower the finished grade adjacent to existing curb prior to resurfacing, or to completely remove existing pavement. When milling to improve rideability, the plans will specify an average depth of cut. Take ownership of milled material. 327-2 Equipment. Provide a milling machine capable of maintaining a depth of cut and cross slope that will achieve the results specified in the Contract Documents. Use a machine with a minimum overall length (out to out measurement excluding the conveyor) of 18 feet and a minimum cutting width of 6 feet. Equip the milling machine with a built-in automatic grade control system that can control the transverse slope and the longitudinal profile to produce the specified results. To start the project, the Engineer will approve any commercially manufactured milling machine that meets the above requirements. If it becomes evident after starting milling that the milling machine cannot consistently produce the specified results, the Engineer will reject the milling machine for further use. The Contractor may use a smaller milling machine when milling to lower the grade adjacent to existing curb or other areas where it is impractical to use the above described equipment. Equip the milling machine with means to effectively limit the amount of dust escaping during the removal operation. For complete pavement removal, the Engineer may approve the use of alternate removal and crushing equipment in lieu of the equipment specified above. 327-3 Construction. 327-3.1 General: Remove the existing raised reflective pavement markers prior to milling. Include the cost of removing existing pavement markers in the price for milling. When milling to improve rideability or cross slope, remove the existing pavement to the average depth specified in the plans, in a manner that will restore the pavement surface to a uniform cross-section and longitudinal profile. The Engineer may require the use of a stringline to ensure maintaining the proper alignment. Establish the longitudinal profile of the milled surface in accordance with the milling plans. Ensure that the final cross slope of the milled surface parallels the surface cross slope shown on the plans or as directed by the Engineer. Establish the cross slope of the milled surface by a second sensing device near. the outside edge of the cut or by an automatic cross slope control mechanism. The plans may waive the requirement of automatic grade or cross slope controls where the situation warrants such action. Operate the milling machine to minimize the amount of dust being emitted. The Engineer may require prewetting of the pavement. Provide positive drainage of the milled surface and the adjacent pavement. Perform this operation on the same day as milling. Repave all milled surfaces no later than the day after the surface was milled unless otherwise stated in the plans. If traffic is to be maintained on the milled surface prior to the placement of the new asphalt concrete, provide suitable transitions between areas of varying thickness to create a smooth longitudinal riding surface. Produce a pattern of striations that will provide an acceptable riding surface. The Engineer will control the traveling speed of the milling machine to produce a texture that will provide an acceptable riding surface. Prior to opening an area which has been milled to traffic, sweep the pavement with a power broom or other approved equipment to remove, to the greatest extent practicable, fine material which will create dust under traffic. Sweep in a manner that will minimize the potential for creation of a traffic hazard and to minimize air pollution. Sweep the milled surface with a power broom prior to placing asphalt concrete. In urban and other sensitive areas, use a street sweeper or other equipment capable of removing excess milled materials and controlling dust. Obtain the Engineer's approval of such equipment, contingent upon its demonstrated ability to do the work. Perform the sweeping operation immediately after the milling operations or as directed by the Engineer. 327-3.2 Quality Control Requirements: Furnish an electronic level with a length of 4 feet and an accuracy of plus or minus 0.1 degree approved by the Engineer for the control of cross slope. Make this electronic level available at the jobsite at all times during milling operations. Calibrate and compare electronic levels in accordance with 330-12.3.1 at a minimum frequency of once per day before any milling operation. Multiple cuts may be made to achieve the required pavement configuration or depth of cut. Measure the cross slope of the milled surface by placing the level at the center location of a lane and perpendicular to the roadway centerline. Record all the measurements to the nearest 0.1% on an approved form and submit to the Engineer for documentation. 1. Tangent Sections: Measure the cross slope per lane at a minimum frequency of one measurement every 100 feet. Calculate the absolute deviation of cross slope at each measurement and then average the absolute deviation of ten consecutive cross slope measurements. The absolute deviation is the positive value of a deviation. When the average absolute deviation cross slope is consistently within the acceptance tolerance as shown in Table 327-1 and upon approval by the Engineer, the frequency of the cross slope measurements can be reduced to one measurement every 200 feet during milling operations.. 2. Superelevated Sections: Measure the cross slope every 100 feet per lane within the length of full superelevation. Calculate the absolute deviation of each measurement and then average the absolute deviation of ten consecutive cross slope measurements. For every transition section, measure the cross slope at control points identified in the plans or, if not shown in the plans, at a control point at a location of 0.0% cross slope. For curves where the length of the fully superelevated section is less than 250 feet, measure the cross slope at the beginning point, midpoint and ending point of the fully superelevated section, calculate the absolute deviation and average. When the number of measurements is less than ten and the length of full superelevation is greater than 250 feet, average the absolute deviation of all measurements. If the average absolute deviation of the cross slope measurements falls outside the acceptance tolerance shown in Table 327-1, stop the milling operations and make adjustments until the problem is resolved to the satisfaction of the Engineer. If an individual cross slope deviation falls outside the acceptance tolerance as shown in Table 327-1, make corrections only in the deficient area to the satisfaction of the Engineer at no cost to the Department. For pavement with multiple cuts, the deficient areas not caused by the final cut may be left in place upon approval of the Engineer. All milling corrections shall be completed before placement of the asphalt course unless stated otherwise in the plans or as determined by the Engineer. The limits of deficient areas requiring correction may be verified and adjusted with more accurate measurement methods, including survey instruments, upon approval by the Engineer at no cost to the Department. Should the Contractor wish to have any corrections waived, submit a request to the Engineer for approval. The Engineer may waive the corrections at no reduction in payment if an engineering determination indicates that the deficiencies are sufficiently separated so as not to significantly affect the final cross slope or project grade. For intersections, tapers, crossovers, transitions at the beginning and end of the project, bridge approaches and similar areas, adjust the cross slope to match the actual site conditions, or as directed by the Engineer. TABLE 327-1 Cross Slope Milling Acceptance Tolerance Individual Roadway Feature Absolute Average Absolute Deviation Deviation Tangent section 0.4% 0.2% (including tum lanes Su erelevated curve 0.4% 0.2% Shoulder 0.5% 0.5% In the event that the distance between tow edges of deficient areas is less than 100 feet, the correction work shall include the area between the deficient sections. 327-3.3 Verification: The Engineer will verify the Contractor's cross slope measurements by randomly taking a minimum of ten cross slope measurements per lane per mile in tangent sections, control points in transition sections, and a minimum of three cross slope measurements on fully superelevated sections. The Engineer will measure the cross slope of the milled surface by placing the level at the center location of a lane and perpendicular to the roadway centerline. If the average absolute deviation or an individual cross slope deviation falls outside the acceptance tolerance as shown in Table 327-1, immediately make a comparison check at the QC test locations to verify the QC measurements in the questionable section. If the comparisons are beyond the acceptable comparison tolerance in accordance with 327-3.2, stop the milling operation until the problem is resolved to the satisfaction of the Engineer. Correct any cross slope not meeting the individual deviation acceptance tolerance at no cost to the Department. The Engineer reserves the right to check the cross slope of the milled surface at any time by taking cross slope measurements at any location. 327-4 Milled Surface. Provide a milled surface with a reasonably uniform texture, within 1/4 inch of a true profile grade, and with no deviation in excess of 1/4 inch from a straightedge applied to the pavement perpendicular to the centerline. Ensure that the variation of the longitudinal joint between multiple cut areas does not exceed 1/4 inch. The Engineer may accept areas varying from a true surface in excess of the above stated tolerance without correction if the Engineer determines that they were caused by a pre-existing condition which could not have reasonably been corrected by the milling operations. Correct any unsuitable texture or profile, as determined by the Engineer, at no additional expense to the Department. The Engineer may require remilling of any area where a surface lamination causes a non- uniform texture to occur. 327-5 Method of Measurement. The quantity to be paid for will be the plan quantity area, in square yards, over which milling is completed and accepted. 327-6 Basis of Payment. Price and payment will be full compensation for all work specified in this Section, including hauling off and stockpiling or otherwise disposing of the milled material. Payment will be made under: Item No. 327- 70- Milling Existing Asphalt Pavement - per square yard. SECTION 334 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 Mia Categories: Construction of Hot Mix Asphalt Pavement will fall into one of the following work categories: 334-1.2.1 Asphalt Work Category 1: Includes the construction of bike paths. 334-1.2.2 Asphalt Work Category 2: Includes the construction of new HMA tum lanes, paved shoulders and other non -mainline pavement locations. 334-1.2.3 Asphalt Work Category 3: Includes the construction of new mainline HMA pavement lanes, milling and resurfacing. 334-1.3 Mix Types: Construct a HMA pavement with the type of mixture specified in the Contract. In the event a mix type is not identified in the Contract, use the appropriate HMA mix as shown in Table 334-1. Table 334-1 HMA Mix Types Asphalt Work Category Mix Types"' Traffic Level 1 Type SP -9.5 A Structural Mixes: Types SP - 9.5 or SP -12.5 2 Friction Mixes: Types FC -9.5 B or C or FC -12.5 Structural Mixes: Types SP - 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 -12.5 ....................................................... 12.5 mm 334-1.5 Thickness: The total pavement thickness of the HMA Pavement will be based on a specified spread rate or plan thickness as shown in the Contract Documents. Before paving, propose a spread rate or thickness for each individual layer meeting the requirements of this specification, which when combined with other layers (as applicable) will equal the plan spread rate or thickness. When the total pavement thickness is specified as plan thickness, the plan thickness and individual layer thickness will be converted to spread rate using the following equation: Spread rate (lbs/yd2) = t x G,,,,,, x 43.3 where: t = Thickness (in.) (Plan thickness or individual layer thickness) G,,,,,, = Maximum specific gravity from the mix design For target purposes only, spread rate calculations shall be rounded to the nearest whole number. 334-1.5.1 Layer Thicknesses: Unless otherwise called for in the Contract Documents, the allowable layer thicknesses for HMA mixtures are as follows: Type SP -9.5, FC -9.5 ..............................................3/4 - 1 1/2 inches Type SP -12.5, FC -12.5 .......................................1 1/2 - 2 1/2 inches 334-1.5.2 Additional Requirements: The following requirements also apply to HMA mixtures: 1. When construction includes the paving of adjacent shoulders (<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: 1) up to 40% fine aggregate from other sources or 2) a combination of up to 20% RAP and the remaining fine aggregate from other sources. A list of aggregates approved for use in friction courses may be available on the FDOT's website. The URL for obtaining this information, if available, is: www.dot.state.fl.us/statematerialsoffice/quality/programs/qualitycontrol/materialslistings/sources /frictioncourse.pdf. 334-2.3 Reclaimed Asphalt Pavement (RAP) Material: 334-2.3.1 General requirements: RAP may be used as a component of the asphalt mixture, if approved by the Engineer. Usage of RAP is subject to the following requirements: 1. Limit the amount of RAP material used in the mix to a maximum of 50 percent by weight of total aggregate. 2. Provide stockpiled RAP material that is reasonably consistent in characteristics and contains no aggregate particles which are soft or conglomerates of fines. 3. Provide RAP material having a minimum average asphalt content of 4.0 percent by weight of total mix. The Engineer may sample the stockpile to verify that this requirement is met. 4. Use a grizzly or grid over the RAP cold bin, in-line roller crusher, screen, or other suitable means to prevent oversized RAP material from showing up in the completed recycle mixture. If 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. 334-23.2 Material Characterization: Assume responsibility for establishing the asphalt binder content, gradation, viscosity and bulk specific gravity (Gsb) of the RAP material based on a representative sampling of the material. 334-233 Asphalt Binder for Mixes with RAP: Select the appropriate asphalt binder grade based on Table 334-2. Maintain the viscosity of the recycled mixture within the range of 5,000 to 15,000 poises. Table 334-2 Asphalt Binder Grade for Mixes Containing RAP Percent RAP Asphalt Binder Grade <20 PG 67-22 20-29 PG 64-22 >_ 30 Recycling Agent 334-3 Composition of Mixture. 334-3.1 General: Compose the asphalt mixture using a combination of aggregates, mineral filler, if required, and asphalt binder material. Size, grade and combine the aggregate fractions to meet the grading and physical properties of the mix design. Aggregates from various sources may be combined. 334-3.2 Mix Design: 334-3.2.1 General: Design the asphalt mixture in accordance with AASHTO R35-04, except as noted herein. Submit the proposed mix design with supporting test data indicating compliance with all mix design criteria to the Engineer. Prior to the production of any asphalt mixture, obtain the Engineer's conditional approval of the mix design. If required by the Engineer, send representative samples of all component materials, including asphalt binder to a laboratory designated by the Engineer for verification. The Engineer will consider any marked variations from original test data for a mix design or any evidence of inadequate field performance of a mix design as sufficient evidence that the properties of the mix design have changed, and at his discretion, the Engineer may no longer allow the use of the mix design. 334-3.2.2 Mixture Gradation Requirements: Combine the aggregates in proportions that will produce an asphalt mixture meeting all of the requirements defined in this specification and conform to the gradation requirements at design as defined in AASHTO M323-04, Table 3. Aggregates from various sources may be combined. 334-3.2.2.1 Mixture Gradation Classification: Plot the combined mixture gradation on an FHWA 0.45 Power Gradation Chart. Include the Control Points from AASHTO M323-04, Table -3, as well as the Primary Control Sieve (PCS) Control Point from AASHTO M323-04, Table 4. Fine mixes are defined as having a gradation that passes above or through the primary control sieve control point. Use only fine mixes. 334-3.2.3 Gyratory Compaction: Compact the design mixture in accordance with AASHTO T312-04. Use the number of gyrations as defined in AASHTO R35-04, Table 1. 334-3.2.4 Design Criteria: Meet the requirements for nominal maximum aggregate size as defined in AASHTO M323-04, as well as for relative density, VMA, VFA, and dust -to -binder ratio as specified in AASHTO M323-04, Table 6. 334-3.2.5 Moisture Susceptibility: Test 4 inch specimens in accordance with FM 1-T 283. Provide a mixture having a retained tensile strength ratio of at least 0.80 and a minimum tensile strength (unconditioned) of 100 psi. If necessary, add a liquid anti -stripping agent from the FDOT's Qualified Products List, or hydrated lime in order to meet these criteria. In lieu of moisture susceptibility testing, add a liquid anti -stripping agent from the FDOT's Qualified Products List. Add 0.5% liquid anti -stripping agent by weight of binder. 334-3.2.6 Additional Information: In addition to the requirements listed above, provide the following information on each mix design: 1. The design traffic level and the design number of gyrations (Nd�ip). 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 famished 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 (G5b) 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. 3344 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 (100lb/yd Z) in thickness and at least 45°F for layers 1 inch (100 lb/ydZ) or less in thickness (this includes leveling courses). The minimum temperature requirement for leveling courses with a spread rate of 50 lb/y& or less is 50°F. 334-5.3 Mia Temperature: Heat and combine the ingredients of the mix in such a manner as to produce a mixture with a temperature at the plant and at the roadway, within a range of f30°F from the target temperature as shown on the mix design. Reject all loads outside of this range. 334-5.4 Transportation of the Mixture: Transport the mixture in vehicles previously cleaned of all foreign material. After cleaning, thinly coat the inside surface of the truck bodies with soapy water or an asphalt release agent as needed to prevent the mixture from adhering to the beds. Do not allow excess liquid to pond in the truck body. Do not use diesel fuel or any other hazardous or environmentally detrimental material as a coating for the inside surface of the truck body. Cover each load at all times. 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. 334-5.53 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. 334-5.63 Checking Depth of Layer: Check the depth of each layer at frequent intervals, and make adjustments when the thickness exceeds the allowable tolerance of 1/4". Address any material outside of this tolerance per the direction of the Engineer. When making an adjustment, allow the paving machine to travel a minimum distance of 32 feet to stabilize before the second check is made to determine the effects of the adjustment. 334-5.6.4 Hand Spreading: In limited areas where the use of the spreader is impossible or impracticable, spread and finish the mixture by hand. 334-5.6.5 Spreading and Finishing: Upon arrival, dump the mixture in the approved paver, and immediately spread and strike -off the mixture to the full width required, and to such loose depth for each course that, when the work is completed, the required weight of mixture per square yard, or the specified thickness, is secured. Carry a uniform amount of mixture ahead of the screed at all times. 334-5.6.6 Thickness of Layers: Construct each course of Type SP mixtures in layers of the thickness shown in 334-1.5.1. 334-5.7 Leveling Courses: 334-5.7.1 Patching Depressions: Before spreading any leveling course, fill all depressions in the existing surface more than 1 inch deep by spot patching with leveling course mixture, and compact thoroughly. 334-5.7.2 Spreading Leveling Courses: Place all courses of leveling with an asphalt paver or by the use of two motor graders, one being equipped with a spreader box. Other types of leveling devices may be used upon approval by the Engineer. 334-5.73 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 75 lb/yd2. The quantity of mix for leveling shown in the plans represents the average for the entire project; however, the Contractor may vary the rate of application throughout the project as directed by the Engineer. When leveling in connection with base widening, the Engineer may require placing all the leveling mix prior to the widening operation. 334-5.8 Compaction: For each paving or leveling train in operation, furnish a separate set of rollers, with their operators. 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. 334-5.103.1 Asphalt Work Category 3: 334-5.103.1.1 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. 334-5.103.1.2 Rolling Straightedge Exceptions: Testing with the rolling straightedge will not be required in the following areas: intersections, tapers, crossovers, parking lots and similar areas. In addition, testing with the rolling straightedge will not be performed on the following areas when they are less than 50 feet in length: tum lanes, acceleration/deceleration lanes and side streets. However, correct any individual surface irregularity in these areas that deviates from the plan grade in excess of 3/8 inch as determined by a 15 foot manual straightedge, and that the Engineer deems to be objectionable, in accordance with 334-5.10.4. The Engineer may waive or modify straightedging requirements if no milling, leveling, overbuild or underlying structural layer was placed on the project and the underlying layer was determined to be exceptionally irregular. 334-5.103.1.3 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. 334-5.103.2 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. 334-63 Certification and Quality Control Testing by the Contractor: On Asphalt Work Category 2 construction, submit a Notarized Certification of Specification Compliance letter on company letterhead to the Engineer stating that all material produced and placed on the project was in substantial compliance with the Specifications, along with supporting test data documenting all quality control testing as described in 334-6.3.1. If so required by the Contract, utilize an Independent Laboratory as approved by the Engineer for the quality control testing. The mix will also require visual acceptance by the Engineer. In addition, the Engineer may run independent tests to determine the acceptability of the material. 334-6.3.1 Quality Control Sampling and Testing Requirements: Perform quality control testing at a frequency of once per day. Obtain the samples in accordance with FDOT Method FM 1-T 168. Test the mixture at the plant for gradation (P_s and P_Zoo) 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 tance Values Characteristic Tolerance Asphalt Binder Content (percent) Target f 0.55 Passing No. 8 Sieve(percent) Target f 6.00 Passing No. 200 Sieve(percent) Target f 2.00 Roadway Density (average of three cores) 91.5% Gmm Roadway Density (any single core) 90.0 % Gmm 334-6.4 Quality Control Testing by the Contractor and Acceptance Testing by the Engineer: On Asphalt Work Category 3, perform quality control testing as described in 334- 6.3.1. In addition, the Engineer will accept the mixture at the plant with respect to gradation (P -s and P -too) 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 lbs/sy. In addition, density testing for acceptance will not be performed on the following areas when they are less than 1,000 feet in length: crossovers, intersections, turning lanes, acceleration lanes, deceleration lanes, or ramps. Compact these courses in accordance with a standard rolling procedure approved by the Engineer. In the event that the rolling procedure deviates from the approved procedure, placement of the mix will be stopped. 334-7 Method of Measurement. For the work specified under this Section, the quantity to be paid for will be the weight of the mixture, in tons. The bid price for the asphalt mix will include the cost of the liquid asphalt or the asphalt recycling agent and the tack coat application as specified in 334-5.5.4. There will be no separate payment or unit price adjustment for the asphalt binder material in the asphalt mix. 334-8 Basis of Payment. 334-8.1 General: Price and payment will be full compensation for all the work specified under this Section. MICRO -SURFACING. (REV 1-20-09) PAGE 291.The following new Section is added after Section 334. SECTION 335 MICRO -SURFACING 335-1 Description. Construct a micro -surfacing pavement with the type of mixture specified in the Contract. Meet the general construction requirements of Section 330, except as modified herein. Micro - surfacing is a mixture of polymer -modified asphalt emulsion, mineral aggregate, mineral filler, water, and other additives, properly proportioned, mixed and spread on a paved surface. The mix shall be capable of being spread in variable thickness cross-sections (wedges, ruts, scratch courses and surfaces) which, after curing and initial traffic consolidation, resists compaction throughout the entire design tolerance range of asphalt binder content and variable thickness to be encountered. The end product should maintain a skid -resistant surface in variable thick sections throughout the service life of the micro -surfacing. The mix shall be a quick -traffic system that will be able to accept traffic two hours after application. Longer time periods will be acceptable, if approved by the Engineer. 335-2 Materials. 335-2.1 Emulsified Asphalt: 335-2.1.1 General Requirements: Provide a quick -traffic, polymer -modified asphalt emulsion conforming to the requirements specified in AASHTO M 208 for CSS -1h. The cement mixing test shall be waived for this emulsion. The polymer material shall be milled or blended into the asphalt or emulsifier solution prior to the emulsification process. The minimum amount and type of polymer modifier shall be determined by the laboratory performing the mix design. The minimum amount required will be based on the asphalt content (by weight) and will be certified by the emulsion supplier; however, the amount shall not be less than three percent polymer solids. The Engineer may waive the five-day settlement test, provided job -stored emulsion is used within thirty-six hours from the time of the shipment or the stored material has had additional emulsion blended into it prior to use. 335-2.1.2 Quality Tests: Meet the requirements of AASHTO M 208 for CSS-lh emulsion, plus the following criteria shown in Tables 335-1 and 335-2. Table 335-1 Quality Tests for Asphalt Emulsion AASHTO Test No. Emulsion Property S ecification Requirements AASHTO T 59 Residue after Distillation (1) 62% Minimum ;1) Maintain the test temperature below 280°F (13 Table 335-2 Quality Tests for Asphalt Emulsion Residue AASHTO Test No. Residue Property Specification Requirements AASHTO T 53 Softening Point 135°F Minimum AASHTO T 49 Penetration at 77°F 40 — 90 drum 335-2.1.3 Sampling, Certification, and Verification: For the first load of emulsified asphalt produced for the project, the supplier shall submit a sample to the State Materials Office for testing before use. A pretest number will then be assigned by the State Materials Office, which shall be furnished with all emulsified asphalt delivered to the project. The Engineer may sample and test all subsequent loads of emulsified asphalt delivered to the project to verify and determine compliance with specification requirements. Where these tests identify material outside specification requirements, the Engineer may require the supplier to cease shipment of that pretested emulsified asphalt product. Further shipment of that pretested emulsified asphalt product to Department projects will remain suspended until the cause of the problem is evaluated and corrected by the supplier as necessary to the satisfaction of the Engineer. 335-2.2 Aggregate: 335-2.2.1 General: Use an aggregate blend which consists of 100% crushed granite. Use aggregates source(s) from the list of granitic aggregates available on the Department's website and also meeting the requirements of this specification. The URL for obtaining the list of granitic aggregates is: www.dot.state.fl.us/statematerialsoffice/quality/programs/qualitycontrol/materiaIslistings/sources /frictioncourse.pdf 335-2.2.2 Aggregate Quality Tests: In addition to the requirements of Sections 901 and 902, meet the minimum aggregate requirements of Table 335-3. Table 335-3 Quality Tests for Aggregate AASHTO Test No. Aggregate Property Specification Requirements AASHTO T 176 Sand Equivalent 65 Minimum AASHTO T 104 Soundness 15% Maximum using Na2SO4 or 25% Maximum using MgSO4 AASHTO T 96 Abrasion Resistance (1) 30% Maximum (1) The abrasion test will be performed on the parent aggregate. 335-2.2.3 Gradation Requirements: When tested in accordance with FM 1-T 027 and FM 1-T 011, the target (mix design) aggregate gradation, including the mineral filler, shall be within the gradation range for a Type II mixture shown in Table 335-4. The aggregate will be accepted from the stockpile located at the project location. The stockpile will be accepted based on five quality control gradation tests conducted in accordance with FM 1-T 002. If the average of the five gradation tests is within the stockpile tolerances shown in Table 335-4 for all of the sieve sizes, then the stockpile is accepted. If the average of the five gradation tests is not within the stockpile tolerances shown in Table 335-4 for any sieve size, remove the stockpiled material and replace it with new aggregate or blend other aggregate sources with the stockpiled material. Aggregates used in blending must meet the quality tests shown in Table 335-3 before blending and must be blended in a manner to produce a consistent gradation. If new aggregate is obtained or blending of aggregates is performed, submit a new mix design to the Engineer for approval prior to production of the mix. The new mix design gradation shall be within the gradation range for a Type II mixture shown in Table 335-4. The Engineer may obtain stockpile samples at any time. If the average of five gradation tests conducted in accordance with FM 1-T 002 is not within the gradation tolerances shown in Table 335-4 for any sieve size, cease production until the problem is corrected to the satisfaction of the Engineer. Screen the stockpiled aggregate prior to delivery to the paving machine to remove oversize material and non -desirable particles. 335-2.3 Mineral Filler: If mineral filler is required, utilize non -air entrained Portland cement or hydrated lime that is free from lumps. The Engineer will accept the mineral filler by visual inspection. The type and amount of mineral filler needed shall be determined by a laboratory mix design and will be considered as part of the aggregate gradation. An increase or decrease of less than one percent mineral filler may be permitted during production if it is found to result in better consistency or set tunes. 335-2.4 Water: Utilize water that is potable and free of harmful soluble salts or reactive chemicals and any other contaminants. 335-2.5 Additives: Additives may be added to the mixture or any of the component materials to provide the control of quick -trafficking properties. The additives to be used should be indicated on the mix design and be compatible with the other components of the mix. 335-3 Mix Design: Before work commences, submit a mix design to the Engineer incorporating the specific materials to be used on the project. The mix design shall be developed by a Table 335-4 Aggregate Gradation Re uirements Sieve Size Type II Mix Design Range Percent Passing Stockpile Tolerance from Mix Design Percent Passing 3/8 inch 100 N/A No. 4 90-100 t 5% No. 8 65-90 f 5% No. 16 45-70 ±5% No. 30 30-50 t 5% No. 50 18-30 14% No. 100 10-21 ±3% No. 200 5-15 f 2% The aggregate will be accepted from the stockpile located at the project location. The stockpile will be accepted based on five quality control gradation tests conducted in accordance with FM 1-T 002. If the average of the five gradation tests is within the stockpile tolerances shown in Table 335-4 for all of the sieve sizes, then the stockpile is accepted. If the average of the five gradation tests is not within the stockpile tolerances shown in Table 335-4 for any sieve size, remove the stockpiled material and replace it with new aggregate or blend other aggregate sources with the stockpiled material. Aggregates used in blending must meet the quality tests shown in Table 335-3 before blending and must be blended in a manner to produce a consistent gradation. If new aggregate is obtained or blending of aggregates is performed, submit a new mix design to the Engineer for approval prior to production of the mix. The new mix design gradation shall be within the gradation range for a Type II mixture shown in Table 335-4. The Engineer may obtain stockpile samples at any time. If the average of five gradation tests conducted in accordance with FM 1-T 002 is not within the gradation tolerances shown in Table 335-4 for any sieve size, cease production until the problem is corrected to the satisfaction of the Engineer. Screen the stockpiled aggregate prior to delivery to the paving machine to remove oversize material and non -desirable particles. 335-2.3 Mineral Filler: If mineral filler is required, utilize non -air entrained Portland cement or hydrated lime that is free from lumps. The Engineer will accept the mineral filler by visual inspection. The type and amount of mineral filler needed shall be determined by a laboratory mix design and will be considered as part of the aggregate gradation. An increase or decrease of less than one percent mineral filler may be permitted during production if it is found to result in better consistency or set tunes. 335-2.4 Water: Utilize water that is potable and free of harmful soluble salts or reactive chemicals and any other contaminants. 335-2.5 Additives: Additives may be added to the mixture or any of the component materials to provide the control of quick -trafficking properties. The additives to be used should be indicated on the mix design and be compatible with the other components of the mix. 335-3 Mix Design: Before work commences, submit a mix design to the Engineer incorporating the specific materials to be used on the project. The mix design shall be developed by a laboratory which has experience in designing micro -surfacing mixtures. Submit the proposed mix design with supporting test data indicating compliance with all mix design criteria. Allow the State Materials Engineer a maximum of one week to either conditionally verify or reject the mix as designed. Compatibility of the aggregate, polymer - modified emulsion, mineral filler, and other additives shall be verified on the mix design. Meet the requirements provided in Table 335-5. After the mix design has been approved, no substitutions to the mix design will be permitted, unless approved by the Engineer. 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 the Engineer will no longer allow the use of the mix design. Table 335-5 Mix Design Testing Re uirements ISSA Test No. (1) Property Specification Requirements ISSA TB -139 Wet Cohesion @ 30 Minutes 12 kg -cm Minimum Minimum (Set) 60 Minutes (2) 20 kg -cm Minimum or Near Spin ISSA TB -109 Excess Asphalt by Loaded Wheel Tester Sand Adhesion 50 g/sf Maximum ISSA TB -114 Wet Stri ing 90% Minimum Wet -track Abrasion Loss: ISSA TB -100 One-hour Soak 50 g/fl Maximum Six-day Soak 75 gV Maximum Lateral Displacement 5% Maximum ISSA TB -147 Specific Gravity after 1,000 Cycles 2.10 Maximum of 125 lb. ISSA TB -144 Classification Compatibility 11 Grade Points Minimum AAA, BAA) ISSA TB -113 Mix Time 77°F Controllable to 120 Seconds Minimum kll Ib6A= mternattonat 51utry 5urtacing Association (2) The mixing test and set -tune test should be checked at the highest temperatures expected during construction. The mix design must clearly show the proportions of aggregate, mineral filler, water, additive usage, and polymer -modified asphalt emulsion based on the dry weight of the aggregate. Meet the mix design component material requirements provided in Table 335-6. Mix Design Component Table 335-6 Material Requirements Component Materials Specification Requirements Residual Asphalt 5.5 to 10.5% by dry weight of aggregate Mineral Filler 0.0 to 3.0% by dry weight of aggregate Polymer -based Modifier Minimum of 3% solids based on bitumen weight content Additives As needed Water As required to produce proper mix consistency 3354 Rate of Application: The average single application rate, as measured by the Contractor, shall be 20 — 26 lb/sy. Application rates are based upon the weight of dry aggregate in the mixture. The maximum drop off at the edge of thepavement shall be 1/4 in. 335-5 Equipment. 335-5.1 General: Maintain all equipment, tools, and machines, used in the performance of this work, in satisfactory working condition at all times to ensure a high-quality product. 335-5.2 Mixing Equipment: Use a machine specifically designed and manufactured to place micro -surfacing. Truck mounted and self -loading continuous machines are acceptable. Mix the material with an automatic -sequenced, self-propelled micro -surfacing mixing machine, which is a continuous -flow mixing unit able to accurately deliver and proportion the aggregate, emulsified asphalt, mineral filler, control setting additive, and water to a revolving multi -blade, double -shafted mixer and to discharge the mixed product on a continuous -flow basis. The machine shall have sufficient storage capacity for aggregate, emulsified asphalt, mineral filler, control additive and water to maintain an adequate supply to the proportioning controls. Self - loading continuous machines shall be capable of loading materials, while continuing to lay microsurfacing, thereby minimising construction joints. Self -loading continuous machines shall be equipped to allow the operator to have full control of the forward and reverse speeds during applications of the micro -surfacing material and shall be equipped with opposite -side driver stations to assist in alignment. The self -loading device, opposite -side driver stations, and forward and reverse speed controls shall be original equipment manufacturer design. 335-5.3 Proportioning Device: Provide and properly mark individual volume or weight controls for proportioning each material to be added to the mix (i.e., aggregate, mineral filler, emulsified asphalt, additives, and water). 335-5.4 Spreading Equipment: Agitate and spread the mixture uniformly in the surfacing box by means of twin -shafted paddles or spiral augers fixed in the spreader box. Provide a front seal to insure no loss of the mixture at the road contact point. The rear seal shall act as a final strike -off and shall be adjustable. The spreader box and rear strike -off shall be so designed and operated that a uniform consistency is achieved to produce a free flow of material to the rear strike -off. The spreader box shall have suitable means provided to side shift the box to compensate for variations in the pavement geometry. 335-5.4.1 Secondary Strike -off: Provide a secondary strike -off to improve surface texture. The secondary strike -off shall have the same adjustments as the spreader box. 335-5.4.2 Rut -filling Box: Place preliminary micro -surfacing material to fill ruts, utility cuts, depressions in the existing surface, etc., when required on the plans and before the final surface course is placed. Fill in ruts of 1/2 inch or greater in depth independently with a rut -filling spreader box either five or six feet in width. For irregular or shallow rutting of less than 1/2 inch in depth, place a full -width scratch -coat pass, if so directed by the Engineer. Ruts that are in excess of 1-1/2 inches in depth may require multiple placements with the rut -filling spreader box to restore the cross-section. Cure all rut -filling leveling material under traffic for at least a twenty-four hour period before additional material is placed on top of the leveling material. 335-5.5 Auxiliary Equipment: Provide suitable surface preparation equipment, traffic control equipment, hand tools, and any other support and safety equipment necessary to perform the work. 335-6 Calibration: Calibrate each mixing unit to be used in the performance of the work in the presence of the Engineer prior to the start of construction. Document the individual calibration of each material at various settings, which can be related to the machine metering devices. Do not utilize any mixing unit on the project until the calibration has been completed and approved by the Engineer. 335-7 Weather Limitations: Do not apply micro -surfacing if either the pavement or air temperature is below 45°F. Do not apply micro -surfacing when there is the possibility that the finished product will freeze within 24 hours. Do not apply micro -surfacing in the rain. The mixture shall not be applied when weather conditions prevent opening to traffic within a reasonable amount of time, as determined by the Engineer. 335-8 Surface Preparation. 335-8.1 General: Immediately prior to applying the micro -surfacing, clear the surface of all loose material, silt spots, vegetation, and other material that will negatively affect the quality of the micro -surfacing utilizing any standard cleaning method. If water is used for cleaning, allow cracks to dry thoroughly before applying micro -surfacing. Protect manholes, valve boxes, drop inlets and other service entrances from the micro -surfacing mixture by a suitable method. The Engineer will approve the surface preparation prior to micro -surfacing. No loose aggregate, either spilled from the lay -down machine or existing on the road, will be permitted. 335-8.2 Cracks: Pre -treat any cracks in the surface of the pavement, with a crack sealer approved by the Engineer, prior to the application of the micro -surfacing. Fill any cracks with a width greater than 1/4 inch. Do not overfill the cracks. 335-9 Application. 335-9.1 General: Pre -wet the surface by fogging ahead of the spreader box. Adjust the rate of application of the fog spray to suit temperatures, surface texture, humidity, and dryness of the pavement. The micro -surfacing shall be of the desired consistency upon leaving the mixer. Carry a sufficient amount of material in all parts of the spreader at all tunes so that complete coverage is obtained. Avoid overloading of the spreader. Do not allow lumping, balling or unmixed aggregate in the micro -surfacing mixture. Do not leave streaks, such as those caused by oversized aggregate, in the finished surface. If excess streaking develops, stop production until the situation has been corrected. Excessive streaking is defined as more than four drag marks greater than 1/2 inch wide and 4 inches long, or 1 inch wide and 3 inches long, in any 30 sy area. Do not permit transverse ripples or longitudinal streaks of 1/4 inch in depth or greater, when measured by placing a 10 -foot straight edge over the surface. 335-9.2 Joints: Prevent excessive buildup, uncovered areas, or unsightly appearance on longitudinal and transverse joints. Provide suitable -width spreading equipment to produce a minimum number of longitudinal joints throughout the project. Place longitudinal joints on lane lines, where possible. Use half passes and odd -width passes only when absolutely necessary. Do not use a half pass as the last pass of any paved area. Do not overlap longitudinal lane line joints by more than three inches. Do not construct joints having more than a 1/4 inch difference in elevation when measured by placing a 10 -foot straight edge over the joint and measuring the elevation drop-off. 335-93 Mix Stability: Produce a micro -surfacing mixture that possesses sufficient stability so that premature breaking of the material in the spreader box does not occur. The mixture shall be homogeneous during and following mixing and spreading. The mixture shall be free of excess water or emulsion and free of segregation of the emulsion and aggregate fines from the coarser aggregate. Do not spray water directly into the lay -down box while laying micro -surfacing material under any circumstances. 335-9.4 Handwork: Utilize hand squeegees to provide complete and uniform coverage of micro -surface areas, which cannot be reached with the mixing machine. Lightly dampen the area to be handworked prior to mix placement, if necessary. Care shall be exercised to leave no unsightly appearance from handwork. When performing handwork, provide the same type of finish as that applied by the spreader box. 335-9.5 Lines: Construct straight lines along curbs and shoulders. Do not permit runoff on these areas. Keep lines at intersections straight to provide a good appearance. If necessary, utilize a suitable material to mask off the end of streets to provide straight lines. Do not allow edge lines to vary by more than f2 inches in horizontal variance in any 96 feet of length. 335-9.6 Cleanup: Remove micro -surfacing mixture from all areas, such as manholes, gutters, and intersections, and as otherwise specified by the Engineer. On a daily basis, remove any debris resulting from the performance of the work. 335-10 Quality Acceptance. 335-10.1 Sampling and Testing: The Engineer shall obtain two samples of micro - surfacing mixture for each day of production. The samples shall be obtained at different periods during the production day and the Engineer shall test each sample in accordance with FM 5-563 and FM 1-T 030 to determine the residual asphalt content and the gradation of each sample. Evaporate all water from the sample prior to testing. Determine the deviation of the test results for each sample from the mix design target values. Average the absolute values of the deviations for the two tests. Compare the average deviation from the mix design to the mixture control tolerances shown in Table 335-7. Table 335-7 Micro -surfacing Mixture Acceptance Limits Mix Property Tolerance from Mix Desi Target Values Percent Passing No. 4 Sieve ± 5 percent Percent Passing No. 8 Sieve ± 5 percent Percent Passing No: 50 Sieve ± 4 percent Percent Passing No. 200 Sieve ± 3.0 percent Residual asphalt content (based on dry weight of a e ate ± 0.5 percent 335-10.2 Residual Asphalt Content: If the average deviation of the residual asphalt content for a day's production is greater than the allowable tolerance in Table 335-7, then a two percent reduction in unit price will be assessed for each 0.1 percent the residual asphalt content is outside the allowable tolerance for each day that the tolerance was exceeded. Stop production of the mixture and make adjustments to correct the problem to the satisfaction of the Engineer prior to resuming production. 335-10.3 Aggregate Gradation: If the average deviation of any of the gradation properties for a day's production is greater than the allowable tolerance in Table 335-7, then stop production of the mixture and make adjustments to correct the problem to the satisfaction of the Engineer prior to resuming production. 335-10.4 Aggregate Application Rate: Control the application rate for micro -surfacing to within the range specified in 335-4 on a daily basis. No additional compensation will be paid for micro -surfacing application rates placed in excess of the specified range. The unit price will be reduced by five percent for each lb/sy rate less than the specified range. For application rates outside the specified range, stop production of the mixture and make adjustments to correct the problem to the satisfaction of the Engineer prior to resuming production. Accept a pay reduction for deficient daily production or overlay the deficient area at full plan width and depth at no additional cost to the Department. 335-11 Basis of Payment. 335-11.1 General: The micro -surfacing shall be paid for at the Contract unit price per square yard, completed and accepted. Such price and payment shall be full compensation for performing all work, and shall include the cost of all materials, including the cost of the emulsified asphalt and virgin aggregate. 335-11.2 Payment Items: Payment shall be made under: Item No. 909-335-1 Micro -surfacing —per square yard City of Sebastian Pavement Locations and Limits of Construction (SEE ATTACHED MAP) Four Streets for Reclamation and Overlay 1. South East Street (from CR 512 to S. Wimbrow Drive) 2. Laconia Street (from CR 512 to Crystal Mist Avenue) 3. Periwinkle Drive (from Laconia Street to Joyhaven Drive) 4. Schumann Drive (from Dahl Avenue to Southern City Limits) Four Streets for Microsurfacing 1. Englar Drive (from Barber Street to Schumann Drive 2. Concha (from Barber Street to Periwinkle Drive) 3. Main Street (from Fleming Street to Wimbrow Drive) 4. Tulip Drive (from Barber Street to Laconia Street) m16 HOME OF VEHCAN 151 ND Z III_ y 50 =ems North lM\'��nI LEGEND MI�Cft1511R 0FAfAM;HIAV SEBASTIAN PAVEMENT SHEETS IlkLNEEL-SCHAFFER = Solu[1... you ... b.11d upon Neel-Schaffer, Inc. 1 1 91h Place. Stifte 11L NEEI--SCHAFFER Vero Beach, FL 32960A-100 ® (772)770-4707 fax: (772) 770-4640 ADDENDUM N0.1 TO: Bid Contractors FROM: Frank Watanabe, Neel -Schaffer Design Engineer DATE: June 28, 2010 SUBJECT: Addendum No.1 — City of Sebastian Pavement Reclamations, Overlay and Micro -Surfacing As discussed at the mandatory pre-bid meeting on Tues 6/22/2010, the following is a list of revisions to the specifications per comments received at the meeting. These addendum items are the following: 1. There are no "Plans" provided as part of the specification, so disregard all comments in the specifications relating to design plans. 2. Page A-6 of the construction services agreement, under 1.0 Employment of Contractor, the wording on the paragraph will be revised to state "provide and install roadway pavement reclamation overlay and micro-surfacind' per specifications. 3. Attached are the three specifications to be added, they are: a. Reclamation (Full Depth Reclamation) b. Cement treat base c. Base rock— per FDOT section 4. Attached is the revised "Bid Proposal Price Form" with the new bid items for the following: a. Seal Cracking b. Base rock c. Tack Coat and Prime Coat separated 5. The depth of reclamation will be 12 inches of base and pavement material 6. All existing storm drain pipes with concrete cover will be handled by the city in coordination with the contractor prior to the installation of the new base or asphalt pavement. 7. Attached is the attendance sign -in sheet of the mandatory pre-bid meeting dated 6/22/2010. 8. Attached is the KSM core testing of the pavement streets In addition to the above addendum items, if you have any questions, please email your comments to frank.watanabeCc neel-schaffer.com before July 1, 2010. CC: Jerry Converse, City of Sebastian Linda Kinchen, City of Sebastian engineers a planners a ecologists a landscape architects a surveyors "SEBASTIAN 2010 PAVEMENT OVERLAY" Updated June 24, 2010 Bid Due: No Later Than 2:00 P.rYL on July 14, 2010 Bid Opening: Beginning at 2:00 P.M. on July 14.2010 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 one hundred Dollars ($100.00) per day for every day that the Contractor is late in completing the work requirements for each Phase as stipulated in the agreement, and bidding documents. Said damages shall be deducted by the City from monies due Contractor. The Bid Items on the Project will be authorized for construction at the discretion of the City of Sebastian. BID ITEMS— GENERAL QUANTITY $/UNIT COST 1. Prime Coat GAL /GAL 2. Tack Coat GAL /GAL 3. Milling Existing Pavement SY /SY 4. Asphalt Based Course Stabilization By means of cold in place recycling Cement Treated SY /SY 5. Hot Mix Asphalt Overlay TON /TON 6. Micro -Surfacing SY /SY P-/ "SEBASTIAN 2010 PAVEMENT OVERLAY" Updated June 24, 2010 BID ITEMS — GENFRAL (Cont.) OUANTITY $/UNIT COST 7. Asphalt Emulsion 8. Base Rock 9. Seal cracking GAL TON GAL /GAL /TON /GAL NOTE: VENDOR WARRANTS TOTAL CONTRACT TIME SHALL NOT EXCEED 120 CONSECUTIVE CALENDAR DAYS. Name of Finn (Pima Type or Print) Firm's Address: Telephone Number(s): Fox Number(s): Name and Title orAulhorized Repmsentative (Plaose Type or Print) Email Address (as): Signature ofAutharized Representative Date Signed P-2 ATTACHMENT "g" SCOPE OF WORD This project is for recycling local city streets. The scope of work for the contractor will be to prepare the roads for resurfacing by applying cold -in place recycling and chemical injection to the existing paved surface. The work will be directed to the contractor through specific work orders. The work orders will identify the work necessto prepare the road surface for paving, such as cold -mix recycling. ary The contractor shall include in the bid the costs for all equipment, materials, and labor to chemically treat, power sweep, recycle base (cold mix recycling). where directed, and apply a tack coat prior to resurfacing and/or patching roads where applicable. The contractor shall provide all equipment, labor and materials for maintenance of traffic in accordance with Florida D.O.T.'s manual for Roadway and Traffic Design Standards and Traffic Controls and Safe Practices for Street and Highway Construction, and the Manual on Uniform Traffic Control Devices, latest editions. The contractor shall conform to all requirements of the technical specifications. All materials supplied under this contract for road resurfacing, patching, chemical treatment, and recycling must be available on 72 hours notice after notification by the Department of Public Works. The contractor shall dispose of all materials during the constriction of this project in an approved disposal site. The contractor must provide a minimum of 24 hours notice prior to leaving job site. TECHNICAL SPECIFICATIONS 2.0 ASPHALT BASE COURSE STABILIZATION BY MEANS OF COLD IN=PLACE RECYCLING 2.1 Description: This work shall consist of the preparation of an asphalt stabilized base course composed of a mixture of the existing asphalt pavement and existing soil cement base course material. The manufacture of the resulting asphalt stabilized base course shall be done by in-place crushing and blending of the existing asphalt pavement and base course materials and the introduction of an asphalt emulsion. The pulverization, blending, and addition of an asphalt emulsion to the existing materials, resulting in an asphalt stabilized base course, shall be accomplished in accordance with these specification. 2.2 Eguiument: In general, the Contractor shall utilize equipment specifically manufactured to accomplish this work, such as which can effectively pulverize, crush, mix, and blend the materials to be recycled to a minimum depth of 9". The equipment to be used must also have the capability to introduce an asphalt emulsion uniformly and accurately to the recycled materials. 2.3 Materials: The Contractor shall will furnish the asphalt emulsion• AE200 in accordance with FDOT specifications to .mix with the existing base course materials and to create a new finished base course upon which a new asphalt surface can be applied. 2.4 Traffic control: The Contractor will furnish all traffic control and all equipment and operators necessary to assist with breaking and injecting the roadbed and to compact and finish.grade the processed base course. Traffic control shall be in accordance with FDOT Standard Specifications for Road and Bridge Construction, 1991 Edition, Section 102-3 Traffic Control. All work under this item shall proceed on one lane of roadway at a time to allow for passage of through traffic. Access for adjacent property owners are to be provided as necessary. 2.5 Construction methods: The existing asphalt pavement and base course material shall be crushed and blended to a minimum depth of nine (9) inches. The graduation shall be two and one-half (2 112) inches and under on the first pass, so that the entire mass of material shall be uniformly dispersed throughout the processed base. The Contractor shall then shape the base course 2-1 material to the previous line and grade of the existing pavement. The City shall pay for the services of a certified testing laboratory to sample the existing pavement and base course material to provide a modified Marshall Stability Test for road base design for processed material at a depth of eight (8) inches on the second pass. The processed material shall meet the following requirements: 1) Modified Marshall Stability 1000 to 3100 lbs. 2) Estimated Layer Coefficient 0.18 to 0.32 3) Residual Asphalt Content 0% to 4% Mixing shall not be done during periods of rain or when the threat of rain is imminent. After the material has been processed, it will be the Contractor's responsibility to add water to insure optimum moisture content as per laboratory test, thoroughly compact, and finish to grade. The completed asphalt stabilized base course shall be tested for smoothness and accuracy of grade. If any portion is found to lack the required smoothness or accuracy, such portion shall be reshaped and recompacted until the required smoothness and accuracy are obtained. The finished surface shall have a tolerance of one quarter inch, plus or minus, to the grade shown on the cross section. Prior to the start of the recycling work, the Contractor shall locate all water gate valves, manhole coveis, and catch basin• grates, through No Cuts. The Contractor shall tour the project site with•a representative from the Public Works Department prior to the start of work to look at all the existing appurtenances that must be avoided during construction operations. 2.6 Compaction testing: It shall be the Contractor's responsibility to obtain the services of a certified testing laboratory approved and paid for by the City. Inspections shall make sure that the base course has been thoroughly compacted to a minimum of ninety-eight (98%) of maximum density modified Proctor Test in accordance with the (AASHTO)-180). The Contractor at his/her expense shall pay for all retests as a result of failure. The.City shall receive copies of all test reports. 2.7 Basis of payment: The accepted quantities of "Asphalt Stabilized Base Course" will be paid for at the unit bid price of roadway. This unit price shall include all equipment, labor, and materials as specified herein for crushing, blending, of asphalt emulsion, finish grading, and compacting required for a completed .base course. No payment will be made to the Contractor until satisfactory test results are received for the area of linear footage of roadway mixed. 2-2 TECHNICAL SPECIFICATIONS. 3.0 CHEMICAL TREATMENT' 3.1 Description Work to be performed by the Contractor under this section includes furnishing labor, materials, equipment and supervision required to perform chemical treatment of road surfaces and road edges for areas specified to be resurfaced. Chemical treatment is to be performed in conjunction with road resurfacing. 3.2Application a) Contractor shall apply suitable chemicals for removal of all vegetation growing in cracks, crevices and/or upon the surface of roads and road edges, b) Contractor shall apply a sterilant to prevent growth of vegetation on road surfaces and road edges. c) Contractor shall be responsible to perform any additional treatments required to maintain the specified areas optimum condition prior to paving to insure no vegetation has been reestablished on road surfaces or road edges without any additional charge to the City. d) The area to be treated shall include road surfaces designated by the Contractor and specified by the City. The Contractor shall take care to avoid spraying chemicals on vegetation not specifically addressed by the order. e) Contractor shall use only chemicals that are approved by the appropriate Federal, State, or local agency for the intended purpose. In the event any chemical is banned by a Federal, State, or local agency during the term of the Contract or removed from production by the manufacturer, the Selected Contractor shall continue work using other chemicals. f) Contractor shall 'comply with the chemical manufacturers recommended application quantities and procedures. Care shall also be taken to avoid damage to lawns and shrubbery adjacent to the application area. g) Any damage occurred during chemical treatment will be punctually reported by the Contractor to the Inspector. The Inspector will determine what corrective action is required and inform the Contractor. The Contractor will punctually perform the required corrective action at the Contractor's expense. 3.3 Acceptance The Contractor shall notify the City when treatment is to be performed. The City shall inspect as work is being performed. 3-1 3.4 Basis of Payment Payment shall be based on area treated. Under direction of inspector areas for treatment Will be itemized on work orders with a computation of areas to be treated. Contractor shall invoice for the areas treated and will correlate with the work order. 3-Z SECTION 200 ROCK BASE 200-1 Description. Construct a base composed of base rock. Perform work in accordance with an approved Quality Control Plan meeting the requirements of 105-3. 200-2 Materials. Meet the requirements of either 911, 913, 913A or 915 for the particular type of base to be constructed. The Contractor may use more than one source of base rock on a single Contract provided that a single source is used throughout the entire width and depth of a section of base. Obtain approval from the Engineer before placing material from more than one source. Place material to ensure total thickness single source integrity at any station location of the base. Intermittent placement or `Blending" of sources is not permitted. Base rock may be referred to hereinafter as "rock". Do not use any of the existing base that is removed to construct the new base. 200-3 Equipment. Use mechanical rock spreaders, equipped with a device that strikes off the rock uniformly to laying thickness, capable of producing even distribution. For crossovers, intersections and ramp areas; roadway widths of 20 feet or less; the main roadway area when forms are used and any other areas where the use of a mechanical spreader is not practicable; the Contractor may spread the rock using bulldozers or blade graders. 200-4 Transporting Rock. Transport the rock to its point of use, over rock previously placed, if practicable, and dump it on the end of the preceding spread. Hauling and dumping on the subgrade will be permitted only when, in the Engineer's opinion, these operations will not be detrimental to the subgrade. 200-5 Spreading Rock. 200-5.1 Method of Spreading: Spread the rock uniformly. Remove all segregated areas of fine or coarse rock and replace them with properly graded rock. 200-5.2 Number of Courses: When the specified compacted thickness of the base is greater than 6 inches, construct the base in multiple courses of equal thickness. Individual courses shall not be less than 3 inches. The thickness of the first course may be increased to bear the weight of the construction equipment without disturbing the subgrade. If, through field tests, the Contractor can demonstrate that the compaction equipment can achieve density for the full depth of a thicker lift, and if approved by the Engineer, the base may be constructed in successive courses of not more than 8 inches compacted thickness. The Engineer will base approval on results of a test section constructed using the Contractor's specified compaction effort. Notify the Engineer prior to beginning construction of a test section. Construct a test section of the length of one LOT. Perform five QC density tests at random locations within the test section. At each test site, test the bottom 6 inches in addition to the entire course thickness. All QC tests and a Department Verification test must meet the density required by 200-7.2.1. Identify the test section with the compaction effort and thickness in the Logbook. Remove the materials above the bottom 6 inches, at no expense to the Department. The minimum density required on the thicker lift will be the average of the five results obtained on the thick lift in the passing test section. Maintain the exposed surface as close to "undisturbed" as possible; no further compaction will be permitted during the test preparation. If unable to achieve the required density, remove and replace or repair the test section to comply with the specifications at no additional expense to the Department. The Contractor may elect to place material in 6 inches compacted thickness at any time. Once approved, a change in the source of base material will require the construction of a new test section. Do not change the compaction effort once the test section is approved. The Engineer will periodically verify the density of the bottom 6 inches during thick lift operations. The Engineer may terminate the use of thick lift construction and instruct the Contractor to revert to the 6 inches maximum lift thickness if the Contractor fails to achieve satisfactory results or meet applicable specifications. 200-5.3 Rock Base for Shoulder Pavement: Unless otherwise permitted, complete all rock base shoulder construction at any particular location before placing the final course of pavement on the traveled roadway. When dumping material for the construction of a rock base on the shoulders, do not allow material capable of scarring or contaminating the pavement surface on the adjacent pavement. Immediately sweep off any rock material that is deposited on the surface course. 200-6 Compacting and Finishing Base. 200-6.1 General: Construct mainline pavement lanes, turn lanes, ramps, parking lots, concrete box culverts and retaining wall systems meeting the requirements of 120-8.1, except replace "Embankment" with `Base". Construct shoulder -only areas, bike/shared use paths, and sidewalks. Meet the requirements of 120-8.1 except replace `Embankment" with "Base" meeting the acceptance criteria of 200-7.2. Shoulders compacted separately shall be considered separate LOTS. 200-6.1.1 Single Course Base: After spreading, scarify the entire surface, then shape the base to produce the required grade and cross-section, free of scabs and laminations, after compaction. 200-6.1.2 Multiple Course Base: Clean the first course of foreign material, then blade and bring it to a surface cross-section approximately parallel to the fmished base. Before spreading any material for the upper courses, allow the Engineer to make density tests for the lower courses to determine that the required compaction has been obtained. After spreading the material for the top course, scarify finish and shape its surface to produce the required grade and cross-section, free of scabs and laminations, after compaction. 200-6.2 Moisture Content: When the material does not have the proper moisture content to ensure the required density, wet or dry it as required. When adding water, uniformly mix it in to the full depth of the course that is being compacted. During wetting or drying operations, manipulate, as a unit, the entire width and depth of the course that is being compacted. 200-6.3 Thickness Requirements: Within the entire limits of the length and width of the finished base, meet the specified plan thickness in accordance with the requirements of 200-7.3.1.2. 200-6.4 Correction of Defects: 200-6.4.1 Contamination of Base Material: If, at any time, the subgrade material becomes mixed with the base course material, dig out and remove the mixture, and reshape and compact the subgrade. Then replace the materials removed with clean base material, and shape and compact as specified above. Perform this work at no expense to the Department. 200-6.4.2 Cracks and Checks: If cracks or checks appear in the base, either before or after priming, which, in the opinion of the Engineer, would impair the structural efficiency of the base, remove the cracks or checks by rescarifying, reshaping, adding base material where necessary, and recompacting. 200-6.5 Compaction of Widening Strips: Where base construction consists of widening strips and the trench width is not sufficient to permit use of standard base compaction equipment, compact the base using vibratory compactors, trench rollers or other special equipment which will achieve the density requirements specified herein. When multiple course base construction is required, compact each course prior to spreading material for the overlaying course. 200-7 Acceptance Program. 200-7.1 General Requirements: Meet the requirements of 120-10, except use 200-7.2 instead of 120-10.2, 200-7.3 instead of 120-10.3 and 200-7.4 instead of 120-10.4. 200-7.2 Acceptance Criteria: 200-7.2.1 Density: Within the entire limits of the width and depth of the base, obtain a minimum density in any LOT of 98% of modified Proctor maximum density as determined by FM l -T 180, Method D. Compact the base of any LOT of shoulder pavement to not less than 95% of the modified Proctor maximum density as determined by FM 1-T 180, Method D. 200-7.2.2 Frequency: Conduct QC sampling and testing at a minimum frequency listed in the table below. The Engineer will perform Verification sampling and tests at a minimum frequency listed in the table below. Mainline Pavement Lanes, Turn Lanes, Ramps, Parking Lots, Concrete Box Culverts and Retaining Walls stems Test Name Quality Control Verification Modified Proctor Maximum Density One per eight consecutive LOTS One per 16 consecutive LOTS Density One per LOT One ver four LOTS Roadway Surface Ten per LOT Witness Roadway Thickness I Three per LOT Witness Shoulder-Onl ,Bike /Shared Use Path and Sidewalk Construction Test Name Quality Control Verification Modified Proctor Maximum Density One p Oper two LOTS One per four LOTS Density One per LOT One per two LOTs Surface Five per 500 feet Witness Thickness Three per 1000 consecutive feet Witness 200-7.3 Additional Requirements: 200-7.3.1 Quality Control Testing: 200-7.3.1.1 Modified Proctor Maximum Density Requirement: Collect enough material to split and create three separate samples and retain two for the Engineer's Verification and Resolution testing until the Engineer accepts the 16 LOTS represented by the samples. 200-7.3.1.2 Depth and Surface Testing Requirements: Notify the Engineer a minimum of 24 hours before checking base depths and surface checking. Determine test locations including Stations and Offsets, using the Random Number generator approved by the Department. Do not perform depth and surface checks until the Engineer is present to witness. Enter test results into the Department's database. Perform thickness check on the finished base or granular subbase component of a composite base. Provide traffic control, coring/boring equipment, and an operator for the coring/boring equipment Traffic control is to be provided in accordance with the standard maintenance of traffic requirements of the Contract. The thickness is considered deficient, if the measured depth is over 1/2 inch less than the specified thickness. Correct all deficient areas of the completed base by scarifying and adding additional base material. As an exception, if authorized by the Department, such areas may be left in place without correction and with no payment Check the finished surface of the base course with a template cut to the required crown and with a 15 foot straightedge laid parallel to the centerline of the road. Correct all irregularities greater than 1/4 inch to the satisfaction of the Engineer by scarifying and removing or adding rock as required, and recompact the entire area as specified hereinbefore. 200-7.3.1.3 Surface & Thickness Reduced Testing Frequency: When no Resolution testing is required for 12 consecutive verified LOTS, or if required, the QC test data was upheld, reduce the QC surface and/or thickness checks to one half the minimum requirements as stated in 200-7.2.2 (eg. Reduce frequency from ten per LOT to ten per two LOTS) by identifying the substantiating tests and notifying the Engineer in writing prior to starting reduced frequency of testing. If the Verification test fails, and Quality Control test data is not upheld by Resolution testing the Quality Control testing will revert to the original frequency of 200-7.2.2. The results of the Independent Verification testing will not affect the frequency of the Quality Control testing. 200-7.3.2 Department Verification Tests: 200-7.3.2.1 Maximum Density: The Engineer will randomly select one of the remaining two split samples and test in accordance with FM 1-T 180, Method D. 200-7.3.2.2 Thickness and Surface Testing Requirements: The Department will witness the base depth and surface checks to ensure compliance with 200-7.3.1.2. If the QC test results are not deficient as defined in 200-7.3.1.2, the LOT or 500 -foot section will be accepted. If the QC test results are deficient, resolve deficiencies in accordance with 200-7.3.1.2. Repeat acceptance testing. Provide traffic control, coring/boring equipment, and an operator for the coring/boring equipment. 200-7.4 Verification Comparison Criteria and Resolution Procedures: 200-7.4.1 Modified Proctor Maximum Density: The Engineer will compare the Verification test results of 200-7.3.2.1 to the corresponding Quality Control test results. If the test result is within 4.5 lb/fi3 of the QC test result, the LOTS will be verified. Otherwise, the Engineer will collect the Resolution split sample corresponding to the Verification sample tested. The State Materials Office or an AASHTO accredited laboratory designated by the State Materials Office will perform Resolution testing. The material will be sampled and tested in accordance with FM 1-T 180, Method D. The Engineer will compare the Resolution Test results with the Quality Control test results. If the Resolution Test result is within 4.5 Ib/ft3 of the corresponding Quality Control test result, the Engineer will use the Quality Control test results for material acceptance purposes for each corresponding set of LOTS. If the Resolution test result is not within 4.5 lb/ft3 of the corresponding Quality Control test, the Engineer will collect the remaining Verification split sample for testing. Verification Test results will be used for material acceptance purposes for the LOTS in question. 200-7.4.2 Density: When a Verification or Independent Verification density test does not meet the requirements of 200-7.2.1 (Acceptance Criteria), retest at a site within a 5 feet radius of the Verification test location and observe the following: 1. If the Quality Control retest meets the Acceptance Criteria and compares favorably with the Verification or Independent Verification test, the Engineer will accept the LOTS in question. 2. if the Quality Control retest does not meet the Acceptance Criteria and compares favorably with the Verification or Independent Verification test, rework and retest the material in that LOT. The Engineer will re -verify the LOTS in question. 3. If the Quality Control retest and the Verification or Independent Verification test do not compare favorably, complete a new equipment -comparison analysis as defined in 120-10.1. 1. Once acceptable comparison is achieved, retest the LOTS. The Engineer will perform new verification testing. Acceptance testing will not begin on a new LOT until the Contractor has a gauge that meets the comparison requirements. 200-7.4.3 Thickness and Surface Testing Requirements: Resolve deficiencies in accordance with 200-7.3.1.2. 200-8 Priming and Maintaining. 200-8.1 Priming: Apply the prime coat only when the base meets the specified density requirements and when the moisture content in the top half of the base does not exceed the optimum moisture of the base material. At the time of priming, ensure that the base is firm, unyielding and in such condition that no undue distortion will occur. 200-8.2 Maintaining: Maintain the true crown and template, with no rutting or other distortion, while applying the surface course. 200-9 Calculations for Average Thickness of Base. For bases that are not mixed in place, the Engineer will determine the average thickness from the measurements specified in 200-10.1, calculated as follows: (a) When the measured thickness is more than 1/2 inch greater than the design thickness shown on the typical cross-section in the plans, it will be considered as the design thickness plus 1/2 inch. (b) Average thickness will be calculated per typical cross-section for the entire job as a unit. (c) Any areas of base left in place with no payment will not be included in the calculations. (d) Where it is not possible through borings to distinguish the base materials from the underlying materials, the thickness of the base used in the measurement will be the design thickness. 200-10 Method of Measurement. 200-10.1 General: The quantity to be paid for will be the plan quantity, adjusted as specified below. 200-10.2 Authorized Normal Thickness Base: The surface area of authorized normal thickness base to be adjusted will be the plan quantity as specified above, omitting any areas not allowed for payment under the provisions of 200-6.3 and omitting areas which are to be included for payment under 200-10.3. The adjustment shall be made by adding or deducting, as appropriate, the area of base represented by the difference between the calculated average thickness, determined as provided in 200-9, and the specified normal thickness, converted to equivalent square yards of normal thickness base. 200-10.3 Authorized Variable Thickness Base: Where the base is constructed to a compacted thickness other than the normal thickness as shown on the typical section in the plans, as specified on the plans or ordered by the Engineer for providing additional depths at culverts or bridges, or for providing transitions to connecting pavements, the volume of such authorized variable thickness compacted base will be calculated from authorized lines and grades, or by other methods selected by the Engineer, converted to equivalent square yards of normal thickness base for payment. 200-11 Basis of Payment. Price and payment will be full compensation for all the work specified in this Section, including correcting all defective surface and deficient thickness, removing cracks and checks as provided in 200-6.4.2, the prime coat application as directed in 300-8, and the additional rock required for crack elimination. Payment shall be made under: Item No. 285- 7- Optional Base - per square yard. KSM KELLER, SCHLEICHER & MacWILL1AM ENGINEERING AND TESTING, INC. MARTIN (772) 337-7755 P.O. BOX 78-1377, SEBASTIAN, FL 32978-1377 SEBASTIAN (772) 589-0712 PALM BEACH (561) 845-7445 www.ksmengineedng.net MELBOURNE (321) 768-8488 FAX (561) 845-8876 E -Mail: KSMQKSMENGINEERING.NET ST. LUCIE (772) 229-9093 C.A.: 5693 FAX (772) 569-6469 June 15, 2010 City of Sebastian 1225 Main Street Sebastian, FL 32958 Re: Four Streets for Reclamation and Overlay: 1. South Easy Street (3 Samples) 2. Laconia Street (6 Samples) 3. Periwinkle Drive (3 Samples) 4: Schumann Drive (3 Samples) Sebastian, Florida KSM Project #: 100722 Gentlemen: Enclosed, please find the asphalt thickness core tests results performed on the roadway. at the above referenced locations. yoy _have: any questions, please feel free to call. Ronald G. Keller, P.E.: 37293/ SI Uc. No.' 860 / Julie E. Keller, P.E.: 68365 KSM KELLER, SCHLEICHER & MacWILLIAM ENGINEERING AND TESTING, INC, MARTIN (772) 337-7755 P0. BOX 78-1377, SEBASTIAN, FL 32978-1377 SEBASTIAN (772) 589-0712 PALM BEACH (561) 845-7445 mmksmengineering.net MELBOURNE (321) 768-8488 FAX (569 645-8876 E -Mail: KSM@KSMENGINEERING.NET ST. LUCIE 772 229-9093 C.A.: 5693 ( ) FAX (772) 589-6469 DATE TESTED: CLIENT: June 14, 2010 City of Sebastian KSM JOB #: 100722-1 core JOB LOCATION: South Easy Street— For Reclamation and Overlay (From CR 512 to S. Wimbrow Drive) Sebastian, Florida ITEM TESTED: Pavement Cores Pavement Core #1, In Front of 514 S. Easy Street 011— 1 '/z' Asphalt 1 Yz" _10" Cemented Soil 10" — 24" Light Gray Sand Pavement Core #2, In Front of 607 S. Easy Street 0" — 1 3/8" Asphalt 1 3/8" — 10" Slightly Cemented Soil 10" — 24" Light Gray Sand Pavement Core #3, In Front of 650 Easy Street 0" — 1 '/2' Asphalt 1 Y2—9''/iSlightly Cemented Soil 9'/i' — 24" Light Gray Sand Ronald G. Keller, P.E.: 37293/Sl Lic. No.: 860 / Julle E. Keller, P.E.: 68366 99E99:'3"d �allaN - allnf / 098:'ON'0Il IS/EBZLE:'3d 9alla)4'EJ plauoy PUBS AEUE) „t�Z — .8/E 4 L I!oS paluawao R114611S 1.8/c L L —„8/E Z llegdsv „8/£ Z — 110 leaJlS e!uooel Z89 L 10 luad ul '9# aao3 luawaned PUBS AeJE) .bZ — „8/E 0 L l!oS paluawao 8110118 A/£ 0 L - .8/£ Z llegdsv A/C Z—.0 leajlS e!uooel Z09L to luojd UI 'S# WOO luawaned PUBS wnalg �VZ—,8L PUBSReJE) ,.BL -,%0L l!oS paluawao 41146!IS UVC OL —,% Z 8e4dsV ,%Z—.0 le9AS e!uooel 9LgL to luald u! 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LUCIE (772) 229-9093 C.A.: 5693 FAX (772) 589.6469 DATE TESTED: CLIENT: June 14, 2010 City of Sebastian KSM JOB #: 100722-4core JOB LOCATION: Schumann Drive — For Reclamation and Overlay (From Dahl Avenue to Southern City Limits) Sebastian, Florida ITEM TESTED: Pavement Cores Pavement Core #1, In Front of 1246 Schumann Drive 0" — 3" Asphalt 3" — 10" Cemented Soil 10" — 24" Light Gray Sand Pavement Core #2, In Front of 1306 Schumann Drive 0" — 2" Asphalt 2" — 12" Cemented Soil 12" — 24" Brown Sand Pavement Core #3, In Front of 1448 Schumann Drive 0" — 3" Asphalt 3" — 13" Slightly Cemented Soil 13" — 24" Brown Sand Ronald G. Keller, P.E.: 37293 / SI Llc. No.: 860 1 Julie E. Keller, P.E.: 68366 CONSTRUCTION SERVICES AGREEMENT ARTICLE I - The Contractual Relationshia 1.0 EMPLOYMENT OF CONTRACTOR 2.0 AGREEMENT DOCUMENTS. 2.1 INTENT 2.2 ENTIRE AND SOLE AGREEMENT 2.3 AMENDMENTS 2.4 CONSTRUING TERMS 2.5 GOVERNING LAW AND WAIVER OF TRIAL BY JURY 2.6 TERM 3.0 DEFINITION OF TERMS 3.1 GENERAL 3.2 ACT OF GOD 3.3 ADDENDUM 3.4 AGREEMENT 3.5 A.S.T.M. DESIGNATION 3.6 BID 3.7 BID BOND or PROPOSAL GUARANTEE: 3.8 BIDDER 3.9 CHANGE ORDER 3.10 CONTRACT ADDENDUM 3.11 CONTRACTOR 3.12 DIRECTED, ORDERED, APPROVED & ETC. 3.13 ENGINEER 3.14 GENERAL CONDITIONS 3.15 INSPECTOR 3.16 LABORATORY 3.17 OWNER 3.18 PERFORMANCE AND PAYMENT BONDS: 3.19 PLANS 3.20 PROPOSAL 3.21 SPECIAL CONDITIONS 3.22 SPECIFICATIONS 3.23 SUBCONTRACTOR 3.24 SUPPLEMENTAL AGREEMENT 3.25 SURETY 3.26 WORK 3.27 WORK ORDER A-/ ARTICLE H - Performance 4.0 PLANS, SPECIFICATIONS AND RELATED DATA 4.1 INTENT OF PLANS AND SPECIFICATIONS 4.2 CONFLICT 4.3 DISCREPANCIES IN PLANS 4.4 DRAWINGS AND SPECIFICATIONS AT JOB SITE 4.5 DIMENSIONS 4.6 SAMPLING AND TESTING 4.7 SHOP DRAWINGS 4.8 QUALITY OF EQUIPMENT AND MATERIALS 4.9 EQUIPMENT APPROVAL DATA 4.10 SUBSTITUTION OF EQUIPMENT AND/OR MATERIAL 5.0 MATERIALS AND WORKMANSHIP 5.1 MATERIALS FURNISHED BY THE CONTRACTOR 5.2 STORAGE OF MATERIALS 5.3 REJECTED WORK AND MATERIAL 5.4 MANUFACTURER'S DIRECTION 5.5 SKILL AND CHARACTER OF WORKMEN 5.6 CUTTING AND PATCHING 5.7 CLEANING UP 5.8 CITY'S OWNERSHIP OF MATERIALS 5.9 GUARANTEE 6.0 CONSTRUCTION STAKING TO BE PERFORMED BY CONTRACTOR 6.1 PERSONNEL, EQUIPMENT AND RECORD REQUIREMENTS 6.2 CONTROL POINTS FURNISHED BY THE CITY 6.3 FURNISHING OF STAKE MATERIALS 6.4 LAYOUT OF WORK 6.5 SPECIFIC STAKING REQUIREMENTS 6.6 PAYMENT 6.7 COORDINATION WITH CITY 6.8 LOCATION OF EXISTING UTILITIES AND PIPING 7.0 PROGRESS AND COMPLETION OF WORK 7.1 CONTRACTOR'S OBLIGATIONS 7.2 START OF CONSTRUCTION 7.3 CONTRACT TIME 7.4 SCHEDULE OF COMPLETION 7.5 COORDINATION OF CONSTRUCTION/PRECONSTRUCTION CONFERENCE 7.6 PROPERTY OF OTHERS A. Public Ownership B. Private Ownership 7.7 PROTECTION OF EXISTING UTILITIES AND FACILITIES 7.8 CROSSING PUBLIC FACILITIES 7.9 CHANGES IN THE WORK 7.10 EXTENSION OF CONTRACT TIME 7.11 CORRECTION OF WORK A-1 7.12 LIQUIDATED DAMAGES 8.0 PUBLIC HEALTH AND SAFETY 8.1 PROTECTION OF PERSONS AND PROPERTY A. Safety Precautions and Programs B. Safety of Persons and Property 8.2 TRAFFIC CONTROL 8.3 ROAD CLOSURE AND DETOURS 8.4 PROVISION OF ACCESS 8.5 WARNING SIGNS AND BARRICADES 8.6 OPEN TRENCHES 8.7 PLACEMENT OF HEAVY EQUIPMENT 8.8 TEMPORARY FACILITIES AND CONTROLS 8.9 SANITARY PROVISION 8.10 WATER SUPPLY 8.11 NOISE CONTROL 8.12 DUST CONTROL 8.13 WATER CONTROL 8.14 POLLUTION, SILTATION AND EROSION CONTROL ai ARTICLE III - Supervision and Administration 9.0 ENGINEER, CITY, CONTRACTOR RELATIONS 9.1 ENGINEER'S RESPONSIBILITY AND AUTHORITY 9.2 ENGINEER'S DECISION 9.3 SUSPENSION OF WORK 9.4 CONSTRUCTION REVIEW OF WORK 9.5 FIELD TESTS AND PRELIMINARY OPERATION 9.6 EXAMINATION OF COMPLETED WORK 9.7 CONTRACTOR'S SUPERINTENDENT 9.8 CITY'S RIGHT TO CORRECT DEFICIENCIES 9.9 CITY'S RIGHT TO TERMINATE CONTRACT AND COMPLETE WORK 9.10 RIGHTS OF VARIOUS INTERESTS 9.11 SEPARATE CONTRACTS 9.12 SUBCONTRACTS AND PURCHASE ORDERS 9.13 WORK DURING AN EMERGENCY 9.14 ORAL AGREEMENTS 9.15 NIGHT, SATURDAY AND/OR SUNDAY WORK 9.16 UNAUTHORIZED WORK 9.17 USE OF COMPLETED PORTIONS OF THE WORK 9.18 CONTRACTOR'S RESPONSIBILITY FOR WORK 10.0 MEASUREMENT AND PAYMENT 10.1 DETAILED BREAKDOWN OF CONTRACT 10.2 REQUEST FOR PAYMENT 10.3 CITY S ACTION ON A REQUEST FOR PAYMENT 10.4 CITY'S RIGHT TO WITHHOLD PAYMENT 10.5 PAYMENT FOR UNCORRECTED WORK 10.6 PAYMENT FOR REJECTED WORK AND MATERIALS 10.7 CHANGES IN THE WORK A. Change Orders B. Claims 10.8 CANCELED ITEMS OF WORK 10.9 PAYMENT FOR WORK SUSPENDED BY THE CITY 10.10 PAYMENT FOR WORK BY THE CITY 10.11 PAYMENT FOR WORK BY CITY FOLLOWING TERMINATION A. Termination by City for Cause B. Termination by City Without Cause 10.12 TERMINATION OF CONTRACTOR'S RESPONSIBILITY 10.13 RELEASE OF CLAIMS (INTERRvi/FINAL) 10.14 ACCEPTANCE AND FINAL PAYMENT 10.15 SATISFACTION OF WARRANTY WORK AFTER FINAL PAYMENT 11.0 PUBLIC CONTRACT REQUIREMENTS 11.1 COVENANT AGAINST CONTINGENT FEES 11.2 INTEREST OF MEMBERS OF CITY AND OTHERS 11.3 CERTIFICATION OF RESTRICTIONS ON LOBBYING 11.4 INTEREST OF CONTRACTOR 11.5 PUBLIC ENTITY CRIMES A-4 11.6 DRUG-FREE WORKPLACE 11.7 COMPLIANCE WITH LAWS 11.8 INSURANCE 11.9 BOND 11.10 PERMITS 11.11 LAWS TO BE OBSERVED 12.0 MISCELLANEOUS 12.1 ADDRESSES FOR NOTICES 12.2 WRITTEN NOTICE 12.3 TAXES 12.4 TIME IS OF VITAL IMPORTANCE 12.5 NO WAIVER OF LEGAL RIGHTS 12.6 RIGHT TO WORK PRODUCT A-5 CONSTRUCTION SERVICES AGREEMENT THIS AGREEMENT made this day of 2010, by and between the CITY OF SEBASTIAN, a municipal corporation of the State of Florida, 1225 Main Street, Sebastian, Florida, 32958, and ("City") and ("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 P L " PLANS ANS %C ^"^1�e T'� Agreement is not an exclusive agreement and the City may employ other contractors, professional or technical personnel to furnish services for the City as the City in its sole discretion finds is in the public interest. The Agreement shall not be construed to create a contractual relationship of any kind between the City and the Subcontractor(s), or, between any person or firm other than the City and Contractor. The Contractor shall not sell, transfer, assign or otherwise dispose of the Contract or any portion thereof, or of his right, title of interest therein or his obligations thereunder, or moneys due or to become due under this Contract. 2.0 AGREEMENT DOCUMENTS The Agreement Documents (also called CONTRACT DOCUMENTS) consist of this Agreement, Supplemental Agreement(s), Notice of Invitation to Bid, Instructions for Bidders, Bid Proposal, Bond Forms, Bid Specifications and 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. A-6 2.1 INTENT The Specifications are an integrated part of the Contract Documents and as such will not stand alone if used independently. The Specifications establish minimum standards of quality for this Project. They do not purport to cover all details entering into the design and construction of materials or equipment. The intent of the Agreement Documents is to set forth requirements of performance, type of equipment and structures, and standards of materials and construction. It is also intended to include all labor and materials, equipment, and transportation necessary for the proper execution of the Work, to require new material and equipment unless otherwise indicated, and to require complete performance of the Work in spite of omission of specific reference to any minor component part and to include all items necessary for the proper execution and completion of the Work by the Contractor. Performance by the Contractor shall be required only to the extent consistent with the Agreement Documents and reasonably inferable from them as being necessary to produce the intended results. 2.2 ENTIRE AND SOLE AGREEMENT Except as specifically stated herein, the Agreement Documents constitute the entire agreement between the parties and supersede all other agreements, representations, warranties, statements, promises, and understandings not specifically set forth in the Agreement Documents. Neither party has in any way relied, nor shall in any way rely, upon any oral or written agreements, representations, warranties, statements, promises or understandings not specifically set forth in the Agreement Documents. 2.3 AMENDMENTS The parties may modify this Agreement at any time by written agreement. Neither the Agreement Documents nor any term thereof may be changed, waived, discharged or terminated orally, except by an instrument in writing signed by the party against which enforcement of the change, waiver, discharge or termination is sought. 2.4 CONSTRUING TERMS This Agreement shall not be construed against the party who drafted the same, as both parties have obtained experts of their choosing to review the legal and business adequacy of the same. 2.5 GOVERNING LAW AND WAIVER OF TRIAL BY JURY This Agreement shall be governed by the laws of the State of Florida, and any venue for any action pursuant to the Agreement Documents shall be in Indian River County, Florida. The parties hereto expressly waive trial by jury in any action to enforce or otherwise resolve any dispute arising hereunder. [r�7trel�T1 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. A-7 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), tomado 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 between the Contractor and Owner defining in detail the work to be performed. The words Agreement and Contract, are one and the same. 3.5 A.S.T.M. DESIGNATION Wherever the letters "A.S.T.M." are used in the Specifications, it shall be understood as referring to the American Society for Testing Materials. When reference is made to a certain Designated Number of a specification or test as set out or given by the American Society for Testing Materials, it shall be understood to mean the current, up-to-date standard specification or tentative specification for that particular process, material or test as currently published by that group. 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 shall 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. A-8 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 DFRECTED, 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 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. F& 3.16 LABORATORY Any licensed and. qualified independent laboratory designated by or acceptable to the Owner to perform necessary testing of materials. 3.17 OWNER City of Sebastian 3.18 PERFORMANCE AND PAYMENT BONDS Contractor shall submit bonds in the form prescribed by State Law, and generally as shown on sample forms herein, for Performance and Payment, no performance or payment bonds for this project. 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 or relating to the method and manner of performing the Work, or to the quantities and qualities of materials, labor and equipment to be furnished under the Agreement. 3.23 SUBCONTRACTOR An individual, partnership or corporation supplying labor, equipment or materials under a direct contract with the contractor for work on the project site. Included is the one who supplies materials fabricated or formulated to a special design according to the plans and specifications for the particular project. 3.24 SUPPLEMENTAL AGREEMENT A written understanding, or proposal and acceptance, executed between the City and the Contractor subsequent to execution of the Agreement herein with the written consent of the Contractor's Surety, relating to the work covered by the Agreement and clarifying or furthering the terms thereof. A modification to the Agreement shall be made by Contract Addendum. 3.25 SURETY Surety is a corporation qualified to act as surety under the laws of Florida, who executes the Contractor's Performance and Payment Bonds and is bound with the Contractor for the acceptable performance of the contracted work and for the payment of all debts pertaining thereto. 3.26 WORK. (The) or PROJECT. (The) The public improvement contemplated in the Plans and Specifications, and all actions necessary to construct the same. 3.27 WORK ORDER Work orders are work instructions including specifications and plans that show the location, character, dimensions and details to the work to be done. Work orders are specific instructions, of limited scope, that will be a part of this contract. Work orders shall be considered as part of the contract documents. Any Work Orders considered to be Change Orders of any kind shall be in writing and address, at a minimum, any changes in the scope of work and the related impact on Contract Price / Cost and Time / Schedule. A-11 ARTICLE II - Performance 4.0 PLANS, SPECIFICATIONS AND RELATED DATA 4.1 INTENT OF PLANS AND SPECIFICATIONS The intent of the Plans, 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 shown on the Plans and 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, the Plans, 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 the Plans and Specifications, the Specifications shall prevail and govern. 4.3 DISCREPANCIES IN PLANS Any discrepancies found between the Plans and Specifications and site conditions, or any errors or omissions in the Plans or Specifications, shall be immediately reported to the Engineer and City. The 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 Plans and Specifications may be made by the Engineer when such correction is necessary for the proper fulfillment of their intention as construed by the 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. The fact that specific mention of any part of work is omitted in the Specifications, whether intentionally or otherwise, when the same is clearly shown or indicated on the Plans, or is usually and customarily required to complete fully such work as is specified herein, will not entitle the Contractor to consideration in the matter of any claim for extra compensation, but the said work must be installed or done the same as if called for by both the Plans and Specifications. All work indicated on the Plans and not mentioned in the Specifications or vice versa, and all work and material usual and necessary to make the Work complete in all its parts, whether or not they are indicated on the Plans or mentioned in the Specifications, shall be furnished and executed the same as if they were called for by both the Plans and Specifications. A-!1 The Contractor will not be allowed to take advantage of any errors or omissions in the Plans and Specifications. The Engineer will provide full information when errors or omissions are discovered. 4.4 DRAWINGS AND SPECIFICATIONS AT JOB SITE One (1) complete set of all Plans, Specifications, Work Orders, Addenda, Change Orders, Shop Drawings and samples shall be maintained at the job site, in good order and annotated to show all changes made during the construction process, and shall be available to the Engineer and City at all times. A final copy thereof, along with "as -built" record drawings, operations and maintenance manuals, and data sheets, shall be delivered to the Engineer upon the completion of the Work. 4.5 DIMENSIONS Dimensions shown on the Plans will be used. 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 fumish any required samples without charge. The Contractor shall be given sufficient notification of the placing of orders for materials to permit testing. As an exception to the above, when the Contractor represents a material or an item of work as meeting Specifications and under recognized test procedures it fails, any re -testing shall be at the Contractor's expense, billed at the Testing Laboratory's standard rate for individual tests. It is expected that all inspections and testing of materials and equipment will be done locally. If the Contractor desires that inspections for tests be made outside of the local area, all expenses, including per diem for the Engineer or Inspectors, shall be home by the Contractor. 4.7 SHOP DRAWINGS 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 Plans and 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 fust 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). A-!3 (b) The City shall, within fourteen (14) days of the submittal of any shop drawings, return three (3) copies to the Contractor marked with any corrections and changes required and noting if the drawings are acceptable as noted, or if resubmittal is required. (c) The Contractor shall then correct the shop drawings to conform to the corrections and changes requested by the City and resubmit six (6) copies to the City. (d) Three (3) copies of Approved Shop Drawings shall be returned to the Contractor by the City. 4.8 QUALITY OF EQUIPMENT AND MATERIALS In order to establish standards of quality, the Specifications may refer to certain products by name and catalog number. This procedure is not to be construed as eliminating from competition other products of equal or better quality by other manufacturers where fully suitable in design. The Contractor shall furnish to the City a complete list of his proposed desired substitutions prior to the signing of the Contract, together with such engineering and catalog data as the City may require. Further substitutions may be submitted during the course of work in accordance with Paragraph 4.10 SUBSTITUTION OF EQUIPMENT AND/OR MATERIAL below. The Contractor shall abide by the City's judgment when proposed substitution of materials or items or equipment are judged to be unacceptable and shall furnish the specified material or item of equipment in such case. All proposals for substitutions shall be submitted to the City in writing by the Contractor and not by individual trades or material suppliers. The City will advise of approval or disapproval of proposed substitutions in writing within a reasonable time. No substitute materials shall be used unless approved by City in writing. • •11' aI_R._. •_. •� 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 Plans or 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 A-14 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 famished fit the space available. He shall make necessary field measurements to ascertain space requirements, including those for connections, and shall order such sizes and shapes of equipment that the field installation shall suit the true intent and meaning of the Plans and Specifications. Where equipment requiring different arrangement of connections from those shown is approved, it shall be the responsibility of the Contractor to install the equipment to operate properly, and in harmony with the intent of the Plans and 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. 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. A -l5 5.0 MATERIALS AND WORKMANSEE[P 5.1 MATERIALS FURNISHED BY THE CONTRACTOR All materials and equipment used in the Work shall meet the requirements of the respective Specifications, and shall not be used until it has been approved in writing by the City. Wherever the specifications call for an item of material or equipment by a manufacturer's name and type, and additional features of the item are specifically required by the specifications, the additional features specified shall be provided whether or not they are normally included in the standard manufacturer's item listed. Wherever the specifications call for an item of material or equipment by a manufacturer's name and type, and the specified item becomes obsolete and is no longer available, the Contractor shall provide a substitute item of equal or superior quality and performance which is acceptable to the Engineer and City and is currently available, at no increase in Contract price. 5.2 STORAGE OF MATERIALS Materials and equipment shall be stored so as to incur the preservation of their quality and fitness for the Work. When considered necessary, they shall be placed on wooden platforms or other hard clean surfaces, and not on the ground, and/or they shall be placed under cover. Stored materials and equipment shall be located so as to facilitate prompt inspection. Private property zoned for or adjacent to land zoned for residential uses shall not be utilized for storage purposes without special prior arrangement. 5.3 REJECTED WORK AND MATERIAL Any materials, equipment or work which does not satisfactorily meet the Specifications may be condemned by the Engineer or City by giving a written notice to the Contractor. All condemned materials, equipment or work shall be promptly taken out and replaced. All materials and equipment which do not conform to the requirements of the Contract Documents, are not equal or superior to samples approved by the Engineer and City, or are in any way unsatisfactory or unsuited to the purpose, for which they are intended, shall be rejected. Any defective work whether the result of poor workmanship, use of defective materials, damaged through carelessness or from other cause shall be removed within ten (10) days after written notice is given by the City, and the work shall be re -executed by the Contractor. The fact that the Engineer or the City may have previously overlooked such defective work shall not constitute an acceptance of any part of it. Should the Contractor fail to remove rejected work or materials within ten (10) days after written notice to do so, the City may remove them and may store the materials and equipment. Satisfaction of warranty work after final payment shall be in accordance with Paragraph 10.15. 5.4 MANUFACTURER'S DIRECTION Manufactured articles, materials and equipment shall be applied, installed, connected, erected, used, cleaned, and conditioned as directed by the manufacturer unless herein specified to the contrary. A-/6 5.5 SKILL AND CHARACTER OF WORKERS All workers must have sufficient knowledge, skill and experience to perform properly the work assigned to them. Any supervisor or worker employed by the Contractor or subcontractors who, in the opinion of the Engineer or the City does not perform his work in a skillful manner, or appears to be incompetent or to act in a disorderly or intemperate manner shall, at the written request of the City, be discharged immediately and shall not be employed again in any portion of the Work without the approval of the City. The Contractor shall at all times be responsible for the conduct and discipline of its employees and/or any subcontractor or persons employed by subcontractors. 5.6 CUTTING AND PATCHING The Contractor shall do all necessary cutting and patching of the Work that may be required to properly receive the work of the various trades or as required by the Plans and Specifications to complete the Work. Contractor shall restore all such cut or patched work as directed by the Engineer or the City. Cutting of existing structures that could endanger the Work, adjacent property, workmen or the public shall not be done unless approved by the Engineer and under Engineer's surveillance. 5.7 CLEANING UP The Contractor shall at all times keep the premises free from accumulation of waste materials or rubbish caused by its employees or work. At the completion of the Work, contractor shall remove all rubbish, tools, scaffolding and surplus materials and shall leave the Work "broom clean" or its equivalent, unless more exactly specified, and shall insure that all debris and other unsightly objects are removed and disposed of in a satisfactory manner. At no additional expense to the City, the Contractor will restore to their original conditions or better, as nearly as practicable, those portions of the site not designated for alteration and all such property, structure, utilities, landscaping, etc., disturbed or damaged during the prosecution of the Work. Final payment will be withheld until such clean up and repairs are completed The Work will be considered complete only after all debris and unused material due to or connected with the Work have been removed and the surrounding area left in a condition satisfactory to the City. In the event the City finds that the Contractor has not complied in keeping the job site clean, the City may, after twenty-four (24) hours written notice to the Contractor to correct the situation, elect to have the job site cleaned by an independent labor force. The cost of cleaning by said independent labor force shall be deducted from moneys due the Contractor. 5.8 CITY'S OWNERSHIP OF MATERIALS Any and all materials, whether structural or natural, found within the limits of the project remain the property of the City unless City ownership is specifically conveyed to the Contractor. All material, equipment and work become the sole property of the City as installed. These provisions shall not be construed as relieving the Contractor from the sole responsibility for all materials and work for which payments have been made, for the restoration of damaged work, or as a waiver of right of the City to require the fulfillment of all the terms of the Contract. A-17 5.9 GUARANTEE The Contractor shall warrant all its material and equipment furnished and work performed for a period of one (1) year from the date of final written acceptance of the Work by City. Satisfaction of warranty work after final payment shall be as per Paragraph 10.15. All equipment and material warranties or guarantees shall be drawn in favor of the City and the originals thereof furnished to the Engineer for review and acceptance prior to final payment. Such guarantee shall in no way limit or relieve the Contractor of liability from subsequent claims of beach of contract due to substandard materials or workmanship, nor shall such warranty period shorten the statute of limitations for bringing a breach of contract or other action based upon any such deficiencies. 6.0 CONSTRUCTION STAKING TO BE PERFORMED BY CONTRACTOR 6.1 PERSONNEL, EQUIPMENT AND RECORD REQUIREMENTS Adequate field notes and records shall be available for review by the City and Engineer as the Work progresses and copies shall be available if necessary. Any inspection or checking of the Contractor's field notes or layout work by the City and the acceptance of all or any part thereof, shall not relieve the Contractor the responsibility to achieve the lines, grades and dimensions shown in the Plans and Specifications. Prior to final acceptance of the project, the Contractor shall mark in a permanent manner on the surface of the completed Work all control points shown on the Plans. 6.2 CONTROL POINTS FURNISHED BY THE CITY The City will provide boundary or other control points and bench marks as shown on the Plans as "Contractor's Survey Control Point", if any is provided. The Contractor shall be responsible for all survey control of his work during construction. The Contractor shall preserve all reference points and benchmarks furnished by the City. 6.3 FURNISHING OF STAKE MATERIALS The Contractor shall furnish all stakes, templates and other materials necessary for establishing and maintaining the lines and grades necessary for control and construction of the Work. 6.4 LAYOUT OF WORK Utilizing the control points furnished by the City in accordance with Paragraph 6.2, the Contractor shall establish all horizontal and vertical controls necessary to construct the Work in conformance with the Plans and 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. reci 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 record drawings for the Project. 6.5 SPECIFIC STAKING REQUIREMENTS Stakes to establish lines and grades shall be set at appropriate intervals to assure that the Project is constructed to meet the lines and grades shown on the Plans. 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 shown in the Plans. 6.6 PAYMENT The cost of performing layout work as described above shall be included in the contract prices for the various items of work to which it is incidental. 6.7 COORDINATION WITH CITY The City's recorded subdivision plats shall be considered correct. The distance, bearing and curve information provided shall be used by the Contractor's surveyor to establish alignment throughout construction. All surveying activities will be coordinated with the City's surveyor as needed for proper completion of all work on the site. Primary control monuments, originally set by the City, that are disturbed or destroyed during construction shall be accurately replaced by the Contractor's surveyor to the satisfaction of the City's surveyor. 6.8 LOCATION OF EXISTING UTILITIES AND PIPING All existing underground utilities, such as telephone, cable television and electrical cables must be located by the Contractor prior to starting work. The Contractor shall contact the Utilities at least 48 hours prior to commencing any work within the project area. There may be other utilities within the project area. The cost of substantiating the location of utilities shall be borne by the Contractor and included in the bid price. The Contractor shall be responsible for the repair and/or replacement of any damage caused to utilities by Contractor forces during the course of construction. Utilities deemed to require relocation shall be identified by the Contractor prior to commencing work. The Contractor shall notice the City of the conflict and seek direction from the City prior to proceeding with work. Directions from the City may be to proceed despite conflict, place work order on hold and commence work at a different location, or relocate utilities under separate contract with the utility or a change order to be directed by the City. A-19 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. Contractor shall indemnify, defend and hold City harmless from all claims arising out of or related to its performance of the Work except for acts arising solely from the active negligence of the City. 7.2 START OF CONSTRUCTION The Contractor shall commence work on the date specified in the Notice to Proceed subsequently issued by the City, or as specifically noted in any Contract Addendum. However, in no case shall the Contractor commence work until the City has been famished 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 120 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 A-10 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. 7.7 PROTECTION OF EXISTING UTILITIES AND FACILITIES All utilities and all structures of any nature, whether below or above ground, that may be affected by the Work but are not required to be disturbed or relocated by the very nature of the project, shall be protected and maintained by the Contractor and shall not be disturbed or damaged by Contractor forces during the progress of the Work; provided that, should the Contractor disturb, disconnect or damage any utility or any structure, all expenses of whatever nature arising from such disturbance or the replacement or repair and testing thereof shall be borne by the Contractor. A -1l 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 furnish such materials, labor and equipment as may be required for the proper completion of construction of the work contemplated. In the absence of such written order, no claim for changes in the Work shall be considered. Changes in the Work shall be performed in accordance with the Specifications where applicable and work not covered by the specifications or special provisions shall be done in accordance with specifications issued for this purpose. Changes in the Work required in an emergency to protect life and property shall be performed by the Contractor as required. 7.10 EXTENSION OF CONTRACT TIME No extension of time shall be valid unless given in writing by the City. No monetary compensation shall be given for such delay. A delay beyond the Contractor's control occasioned by an "Act of God" may entitle the Contractor to an extension of time in which to complete the Work as determined by the City provided, however, the Contractor shall immediately give written notice to the City of the cause of such delay. "Rain day" extensions shall be granted upon written request of the Contractor to the City's Project Manager when said Project Manager determines that weather conditions make it counterproductive to work on said days. "Rain day" requests must be submitted at the end of each work week or be waived, and the cumulative "rain day" extensions granted shall be processed as a Change Order with each pay submittal. In the event that the City suspends the Work as provided in Paragraph 9.3, the Contractor shall be granted an extension of time to complete the Work for as many calendar days as the Work was suspended; except, however, that the Contractor will not be granted an extension of time to complete the Work if the suspension was caused by a fault of the Contractor. 7.11 CORRECTION OF WORK Contractor shall, at no cost to the City, promptly correct Work failing to conform to requirements of the Contract Documents, whether observed before or after completion of the Work and whether or not F&JFJ 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, liquidated damages in the amount of one hundred dollars 01001 per day beyond the agreed completion date. Inspection of the Work by the City and the subsequent issuance of a notice by the City indicating substantial completion will be the date used to signify work completion. If completion is beyond the schedule agreed upon, liquidated damages may be imposed by the City on the Contractor and will be withheld from payment. It is expressly acknowledged by Contractor that said payment shall not be interpreted nor construed as a penalty but is in fact a good faith attempt to fix damages which the City will suffer in the event Contractor fails to perform as required hereunder or violates any provision of the Contract Documents. 8.0 PUBLIC HEALTH AND SAFETY 8.1 PROTECTION OF PERSONS AND PROPERTY The Contractor shall submit, for the City's approval, a project safety and security plan which describes the Contractor's plans and procedures to protect the safety and property of property owners, residents, and passers-by. The plan shall describe measures and precautions to be taken during working hours and non -working hours. A. Safety Precautions and Programs The Contractor shall be responsible for initiating, maintaining and supervising all safety precautions and programs in connection with the Work in accordance with the U.S. Department of Labor Occupational Safety and Health Act and the laws of the State of Florida. This Contract requires that the Contractor and any and all subcontractors hired by the Contractor comply with all relevant standards of the Occupational Safety and Health Act. Failure to comply with the Act constitutes a failure to perform. The Contractor agrees to reimburse the City for any fines and/or court costs arising from penalties charged to the City for violations of OSHA committed by the Contractor or any and all subcontractors. A-13 B. Safety of Persons and Property The Contractor shall take all reasonable precautions for the safety of, and shall provide all reasonable protection to prevent damage, injury or loss to, all employees on the Work and all other persons who may be affected thereby; all the work materials and equipment to be incorporated therein, whether in storage on or off the project site, under the care, custody or control of the Contractor or any of his subcontractors; and other property on the project site or adjacent thereto, including trees, shrubs, lawns, walks, pavements, roadways, structures and utilities not designated for removal, relocation or replacement in the course of construction. The Contractor shall be held fully responsible for such safety and protection until final written acceptance of the Work. Fire hydrants on or adjacent to the Work shall be kept accessible to fire fighting equipment at all times. Temporary provisions shall be made by the Contractor to insure the proper functioning of all swales, gutters, sewer inlets, drainage ditches and irrigation ditches, which shall not be obstructed except as approved by the City. The Contractor acknowledges that, in executing the Project, it will operate machinery and equipment that may be dangerous to the adjacent property owners and the general public. The Contractor will be required to conduct excavations for the Project that may be hazardous to person and property. The Contractor shall develop and implement a job safety and security plan that will adequately protect all property and the general public. Contractor shall rigorously prohibit the committing of nuisances on the site of the Work, on the lands of the City or an adjacent property. 8.2 TRAFFIC CONTROL All safety precautions, traffic control, and warning devices necessary to protect the public and workmen from hazards within the right-of-way shall be in strict accordance with SECTION 102, MAINTENANCE OF TRAFFIC, in the Florida Dept. of Transportation (FDOT) Std. The State of Florida Manual of Trajfic Control and Safe Practices for Street and Highway Construction, Maintenance and Utility Operations Specifications 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. A-24 8.4 PROVISION OF ACCESS Where traffic must cross open trenches, the contractor shall provide adequate ingress and egress to dwellings, business facilities, utilities and service. Temporary provisions shall be made by the Contractor to insure the use of sidewalks. The Contractor shall provide suitable crossings at street intersections and driveways, and supply such aid as may be required for pedestrians and motorists, including delivery vehicles, to safely negotiate the construction areas. On completion of Work within any area, the Contractor shall remove all debris, excess materials, barricades and temporary Work leaving walkways and roads in said area clear of obstructions. 8.5 WARNING SIGNS AND BARRICADES The Contractor shall provide adequate signs, barricades, warning lights and flagmen, as required, and all such other necessary precautions for the protection of the Work and the safety of the public. All barricades and obstructions shall be protected at night by regulatory signal lights which shall be kept in operation from sunset to sunrise. Barricades shall be of substantial construction and shall be reflective to increase their visibility at night. Suitable warning signs shall be so placed and illuminated at night as to show in advance where construction, barricades or detours exist. Unless so designated in the Bid Documents, no direct payment for 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 Trac Control and Safe Practices for Street and Highway Construction, Maintenance and Utility Operations, latest edition. The Contractor shall provide and maintain adequate barricades, construction signs, torches, flashers, guards and flagmen as required in pedestrian and vehicular traffic areas. Regulations of local authorities shall be compiled with. Advance warning signs are required on all streets where work is being conducted. Lane closures shall be signed and barricaded or coned as indicated in aforementioned FDOT Index. Flagmen may be required where traffic and length of lane closure warrant them. Where such a plan is needed, Contractor shall submit and obtain approval of their traffic control plan by the City. 8.6 OPEN TRENCHES The Contractor shall fully comply with Florida Statutes and OSHA regulations with regard to open trenches during construction. The Contractor shall be place construction hazard fencing along any open trenches during the construction work -day, and shall leave no open trenches or excavations over -night unless properly fenced and with the specific approval of the Engineer or the City. 8.7 PLACEMENT OF HEAVY EQUIPMENT The Contractor shall not leave construction equipment parked in front of or on a residential lot overnight or on weekends. At the close of work each day, the equipment shall be driven to and stored in a designated area so that the equipment will not become an "attractive nuisance" to neighborhood children. All equipment left unattended during the course of working day, such as during lunch hours or work breaks, shall not be left in a condition or location which would create a safety hazard to the general public. All keys shall be removed from the machines during those times. Ads 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 fust employees arrive on site of the Work, shall be properly secluded from public observation, and shall be constructed and maintained during the progress of the Work in suitable numbers and at such points and in such manner as may be required or approved. The Contractor shall maintain the sanitary facilities in a satisfactory and sanitary condition at all times and shall enforce their use. The City shall have the right to inspect such facilities at all times to determine whether or not they are being properly and adequately maintained. Following the period of necessity for such accommodations, they and all evidence affixed thereto shall be removed. 8.10 WATER AND ELECTRIC SUPPLY The Contractor shall make all necessary applications and arrangements, and pay all fees and charges for water and electrical service necessary for the proper completion of the Project up to the time of final acceptance. The Contractor shall provide and pay for any temporary piping and connections. 8.11 NOISE CONTROL The Contractor shall provide adequate protection against objectionable noise levels caused by the operation of construction equipment, and shall submit a plan to the Engineer for review prior to initiation and implementation of the plan. 8.12 DUST CONTROL The Contractor shall provide for adequate protection against raising objectionable dust clouds caused by moving construction equipment, high winds or any other cause, and shall submit a plan to the Engineer for review prior to initiation and implementation of the plan. 8.13 WATER CONTROL The Contractor shall provide for satisfactory disposal of surplus water and shall submit a plan to the Engineer for review prior to initiation and implementation of the plan. Prior approval shall be obtained from the proper authorities for the use of public or private lands or facilities for such disposal. A-16 8.14 POLLUTION, SILTATION AND EROSION CONTROL The Contractor shall provide for and take sufficient precautions to prevent pollution of private and public lands, reservoirs, ponds, rivers, streams, creeks, etc., by the disposal of surplus materials in the forms of solids, liquids or gases including, but not limited to, fuels, oils bitumen, calcium chloride or other harmful materials. Contractor shall conduct and schedule Work operations so as to avoid or otherwise minimize pollution or silting of streams, lakes and reservoirs and to avoid interference with movement of migratory fish where there is a high potential for erosion and subsequent water pollution. Erosion control features shall be constructed concurrently with other work and at the earliest practicable time. The Contractor shall prepare a detailed description of Contractor's plan for Erosion and Turbidity Control, including location of erosion control and turbidity control devices, marked on a plan set as needed for clarity. The erosion and turbidity control shall meet the requirements of the St. John's River Water Management District and the applicable NPDES program for control of discharge of Total Suspended Matter, and shall prevent water and wind erosion of open excavations and swales. A-17 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 fiunished with such information and assistance by the Contractor as is required to make a complete and detailed review. The City shall not be responsible for the acts or omissions of the Contractor. 9.5 FIELD TESTS AND PRELIMINARY OPERATION The Contractor shall perform the work of placing in operation all equipment installed under this Contract, except as specifically noted hereinafter. The Contractor shall make adjustments necessary for proper operation. A-18 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. The City will conduct tests it deems necessary to determine if the Work functions properly. Arrangements for testing laboratory services will be made by the City. Payment for testing to show compliance with specified requirements will be paid for by the City. The cost of retesting when materials and workmanship fail to meet specified requirements will be deducted from moneys due the Contractor. 9.6 EXAMINATION OF COMPLETED WORK The City may request an examination of completed work of the Contractor at any time before acceptance by the City of the Work and shall remove or uncover such portions of the finished work as may be directed. After examination, the Contractor shall restore said portions of the Work to the standard required by the Specifications. Should the work thus exposed or examined prove acceptable, the uncovering or removing and the replacing of the covering or making good of the parts removed shall be paid for as extra work, but should the work so exposed or examined prove unacceptable, the uncovering, removing and replacing shall be at the Contractor's expense. 9.7 CONTRACTOR'S SUPERINTENDENT A qualified superintendent, who is acceptable to the City, shall be maintained on the project and give sufficient supervision to the Work until its completion. The superintendent shall have full authority to act on behalf of the Contractor, and all communications given to the superintendent shall be considered given to the Contractor. In general, such communications shall be confirmed in writing and always upon written request from the Contractor. 9.8 CITY'S RIGHT TO CORRECT DEFICIENCIES Upon failure of the contractor to perform the work in accordance with the Contract Documents, including any requirements with respect to the Schedule of Completion, and after five (5) days written notice to the Contractor, the City may, without prejudice to any other remedy he may have, correct such deficiencies. The Contractor shall be charged all costs incurred to correct deficiencies. 9.9 CITY'S RIGHT TO TERMINATE CONTRACT AND COMPLETE WORK In the event of any default by the Contractor, the City shall have the right to immediately terminate the Contract upon issuance of written notice of termination to the Contractor stating the cause for such action. This Agreement may be terminated by the City without cause provided at least thirty (30) days written notice of such termination shall be given to the Contractor. In the event of termination, the City may take possession of the Work and of all materials, tools and equipment thereon and may finish the Work by whatever method and means it may select. A-19 It shall be considered a default by the Contractor whenever Contractor shall: (a) Declare bankruptcy, become insolvent or assign his assets for the benefit of his creditors. (b) Disregard or violate the provisions of the Contract Documents or City's written instructions, or fail to prosecute the Work according to the agreed schedule of completion including extensions thereof. (c) Fail to provide a qualified superintendent, competent workmen or subcontractors, or proper materials, or fail to make prompt payment for same. 9.10 RIGHTS OF VARIOUS INTERESTS Wherever work being done by the City's forces or by other contractors is contiguous to work covered by the Contract, the respective rights of the various interests involved shall be established by the City, to secure the completion of the various portions of the Work in general harmony. 9.11 SEPARATE CONTRACTS The City may let other contracts in connection with the Work of the Contractor. The Contractor shall cooperate with other Contractors with regard to storage of materials and execution of their work. It shall be the Contractor's responsibility to inspect all work by other contractors affecting Contractor's work and to report to the City any irregularities that will not permit completion of work in a satisfactory manner. Contractor's failure to notify the City of such irregularities shall indicate the work of other contractors has been satisfactorily completed to receive related work. It shall be the responsibility of the Contractor to inspect the completed work in place and report to the Engineer immediately any difference between completed work by others and the Plans. 9.12 SUBCONTRACTS AND PURCHASE ORDERS Prior to signing the Contract or at the time specified by the City, the Contractor shall submit in writing to the City the names of the subcontractors proposed for the Work. Subcontractors may not be changed except at the request or with the approval of the City. The Contractor is responsible to the City for the acts and omissions of its subcontractors and their direct or indirect employees, to the same extent as he is responsible for the acts and omissions of its employees. The Contract Documents shall not be construed as creating a contractual relation between any subcontractors and the City. The Contractor shall bind every subcontractor by the terms of the Contract Documents. For convenience of reference and to facilitate the letting of contracts and subcontracts, the Specifications are separated into title sections. Such separations shall not, however, operate to make the Engineer or City an arbiter to establish limits to the contracts between the Contractor and subcontractors. 9.13 WORK DURING AN EMERGENCY The Contractor shall perform any work and shall furnish and install materials and equipment necessary during an emergency endangering life or property. In all cases, Contractor shall notify the Engineer and City of the emergency as soon as practicable, but shall not wait for instructions before proceeding to properly protect both life and property. A-30 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 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. A-31 10.0 MEASUREMENT AND PAYMENT 10.1 DETAILED BREAKDOWN OF CONTRACT Except in cases where unit prices form the basis for payment under the Contract, the Contractor shall submit a complete breakdown of the contract amount showing the value assigned to each part of the Work, including an allowance for profit and overhead within ten (10) days of the execution of the Contract by the parties. Upon approval of the breakdown of the contract amount by the Engineer and the City, it shall be used as the basis for all requests for payment. 10.2 REQUEST FOR PAYMENT The Contractor may submit to the City not more than once each month a request for payment for work completed. Where applicable, the Contractor may choose to submit a request for payment at the substantial completion of each work order. The City may elect to provide its own form for the Contractor to submit progress payment requests. The standard form provided by the City, or a form presented by the Contractor having received prior approval from the City, can be used for the submittal of a progress payment. The Contractor shall furnish the Engineer and the City all reasonable facilities required for obtaining the necessary information relative to the progress and execution of the Work. In addition to each month's invoice, an updated project schedule shall be submitted. Each request for payment shall be computed from the work completed to date on all items listed in the detailed breakdown of the contract amount less previous payments and back charges. Progress payments on account of Unit Price Work will be based on the number of units completed at the time the payment request was dated by the Contractor. If payment is requested on the basis of materials and equipment not incorporated in the project but delivered and suitably stored at the site or at another location agreed to in writing, the payment request shall also be accompanied by a bill of sale, invoice or other documentation warranty that the City has received the materials and equipment free and clear of all liens, charges, security interests and encumbrances, all of which shall be satisfactory to the City. No payments shall be made for materials stored on site without approval of the City. An amount of 10% of each monthly pay request shall be retained until final completion and written acceptance of the Work by the City. Payment of the retainage shall be included in the Contractor's final pay request in accordance with Paragraph 10.14. Any deviation in the release or partial release of the 10% retainage shall be at the sole discretion of the City, but in no case earlier than completion of the Engineer's "punch list inspection". Any request for payment shall be accompanied by claim releases for work done or materials furnished in accordance with Paragraph 10.13. Prior to submission of any request for payment by the Contractor, the Engineer shall review the request for payment to determine the following: (a) That the work covered by the request for payment has been completed in accordance with the intent of the Plans and Specifications. A-32 (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. (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. A-33 10.5 PAYMENT FOR UNCORRECTED WORK Should the City direct, in writing, the Contractor not to correct work that has been damaged or that was not performed in accordance with the Contract Documents, an equitable deduction from the contract amount shall be made to compensate the City for the uncorrected work. 10.6 PAYMENT FOR REJECTED WORK AND MATERIALS The removal of work and materials rejected under Paragraph 5.3 and the re-execution of work by the Contractor shall be at the expense of the Contractor and the Contractor shall pay the cost of replacing the destroyed or damaged work of other contractors by the removal of the rejected work or materials and the subsequent re-execution of that work. In the event that City incurs expenses related thereto, Contractor shall pay for the same within thirty (30) days after written notice to pay is given by the City. If the Contractor does not pay the expenses of such removal, after ten (10) days written notice being given by the City of its intent to sell the materials, the City may sell the materials and shall pay to the Contractor the net proceeds there from after deducting all the costs and expenses that are incurred by the City. If the proceeds do not cover the expenses incurred by the City, such additional amounts may be set-off against any payments due Contractor. 10.7 CHANGES IN THE WORK A. Change Orders If conditions require a change in the scope of work or additional work varying from the original Plans or Specifications, such change shall be effected by the Contractor when the City issues a written Change Order. The Change Order shall set forth in complete detail the nature of the change, the change in the compensation to be paid the Contractor and whether it is an addition or a reduction of the original total contract cost. Should additional or supplemental drawings be required, they will be furnished by the Engineer. All Change Orders shall address the impact of the change on both Contract Price / Cost and Contract Time / Schedule. Compensation to be paid to the Contractor for accomplishing the work of a Change Order shall be established in one of the following ways: (a) By lump sum proposed by the Contractor and accepted by the City. (b) By unit prices established and agreed to. (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. A-34 B. Claims Claims arising from changes or revisions made by the Contractor at the City's request shall be presented to the City before work starts on the changes or revisions. If the Contractor deems that extra compensation is due for work not covered herein, or in Supplemental Agreement, the Contractor shall notify the City in writing of its intention to make claim for extra compensation before work begins on which the claim is based. If such notification is not given and the City is not afforded by the Contractor a method acceptable to the City for keeping strict account of actual cost, then the Contractor hereby waives its request for such extra compensation. The City is not obligated to pay the Contractor if the City is not notified as described above. The Contractor may refuse to perform additional work requested by the City until an appropriate agreement is executed by the parties. Such notice by the Contractor and the fact that the City has kept account of the costs as aforesaid shall not in any way be construed as proving the validity of the claim. 10.8 CANCELED ITEMS OF WORK The City shall have the right to cancel those portions of the contract relating to the construction of any item provided therein. Such cancellation, when ordered by the City in writing, shall entitle the Contractor to the payment of a fair and equitable amount covering all costs incurred by Contractor pertaining to the canceled items before the date of cancellation or suspension of the Work. The Contractor shall be allowed a profit percentage on the materials used and on construction work actually done, at the same rates as provided for "Changes in the Work", but no allowance will be made for anticipated profits. Acceptable materials ordered by the Contractor or delivered on the site before the date of such cancellation or suspension shall be purchased from the Contractor by the City at actual cost and shall thereupon become the property of the City. 10.9 PAYMENT FOR WORK SUSPENDED BY THE CITY If the Work or any part thereof shall be suspended by the City as provided in Paragraph 9.3, the Contractor will then be entitled to payment for all work done except as provided in Paragraph 10.4. 10.10 PAYMENT FOR WORK BY THE CITY The cost of the work performed by the City removing construction materials, equipment, tools and supplies in accordance with Paragraph 5.7 and in correcting deficiencies in accordance with Paragraph 9.8 shall be paid by the Contractor. 10.11 PAYMENT FOR WORK BY CITY FOLLOWING TERMINATION OF CONTRACT A. Termination by City for Cause Upon termination of the contract by the City for cause, including abandonment or termination by Contractor, the City may enter into an agreement with others for the completion of the Work under this Agreement and the Contractor shall be held harmless for the work of others. No further payments shall be due the Contractor until the Work is completed and accepted by the City. If the unpaid balance of the contract amount shall exceed the cost of completing the Work including all overhead costs, Contractor shall be paid up to the amount of the excess balance on a quantum meruit basis for the work done prior to termination. If the cost of completing the Work shall exceed the unpaid balance, the Contractor or its F&A Surety shall pay the difference to the City. The cost incurred by the City as herein provided shall include the cost of the replacement contractor and other expenses incurred by the City through the Contractor's default. In either event, all work done, tracings, plans, specifications, maps, computer programs and data prepared by the Contractor under this Agreement shall be considered property of the City. B. Termination by City Without Cause In the event the City without cause abandons, terminates or suspends this Agreement, the Contractor shall be compensated for services rendered up to the time of such termination on a quantum meruit basis and any work done or documents generated by the Contractor shall remain the property of the City. 10.12 TERMINATION OF CONTRACTOR'S RESPONSIBILITY The Contract will be considered complete when all work has been finished, the final construction review is made by the Engineer, and the project accepted in writing by the City. 10.13 RELEASE OF CLAIMS (INTERIM/FINAL) The Contractor shall deliver, with each request for payment, a completed Affidavit and Release of Claim on a form supplied by the City. Also, from each supplier or subcontractor who has notified the City of his right to file a Claim (Notice to City) or who is listed in the Contractor's Affidavit and Release of Claim as an unpaid, potential Claimant, a Claimant's Sworn Statement of Account, executed by the supplier or subcontractor, must be attached to each request for payment. If the completed forms are not supplied with the request for payment, the City will notify Contractor of the outstanding claims of record and, if said completed form(s) are not supplied within thirty (30) days, the City shall make joint payments to the Contractor and outstanding claimants. 10.14 ACCEPTANCE AND FINAL PAYMENT When it is determined, as a result of a joint inspection of the Work by the Contractor, City, and Engineer that the Work has been completed in accordance with the terms of the Contract Documents, the Engineer shall certify completion of the Work to the City. At that time, the Contractor may submit the Contractor's final request for payment. The Contractor's final request for payment shall be the contract amount plus all approved written additions less all approved written deductions and less previous payments made. As a condition for Final payment, a Contractor's Final Affidavit must be received by the City along with his Final Payment Request and any as -built drawings which may be required. The Contractor shall furnish full and final releases of Claim for labor, materials and equipment incurred in connection with the Work, following which the City will release the Contractor except as to the conditions of the performance bond, any legal rights of the City, required guarantees and satisfaction of all warranty work, and shall authorize payment of the Contractor's final request for payment. 10.15 SATISFACTION OF WARRANTY WORK AFTER FINAL PAYMENT The making of the final payment by the City to the Contractor shall not relieve the Contractor of responsibility for faulty materials or workmanship. The City shall promptly give notice of faulty ►seri 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 REQUIREMENTS 11.1 COVENANT AGAINST CONTINGENT FEES The Contractor warrants that it has not employed or retained any company or person, other than a bona fide employee working solely for the Contractor, to solicit or secure this Agreement and that it has not paid or agreed to pay any person, company, corporation, individual or firm, other than a bona fide employee working solely for the Contractor, any fee, commission, percentage, gift or any other consideration contingent upon or resulting from the award or making of this Agreement. For the breach or violation of this paragraph, the City shall have the right to terminate the Agreement without liability and, at its discretion, deduct from the Agreement price, or otherwise recover, the full amount of such fee, commission, percentage, gift or consideration. 11.2 INTEREST OF MEMBERS OF CITY AND OTHERS No officers, members or employees of the City and no member of its governing body, and no other public official of the governing body of the locality or localities in which services for the facilities are situated or carried out, who exercises any functions or responsibilities in the review or approval of the undertaking or carrying out of this project, shall participate in any decision relating to this Agreement which affects such person's personal interest, or have any personal or pecuniary interest, direct or indirect, in this Agreement or the proceeds thereof. 11.3 CERTIFICATION OF RESTRICTIONS ON LOBBYING The Contractor agrees that no Federal appropriated funds have been paid or will be paid by or on behalf of the Contractor to any person for influencing or attempting to influence any officer or employee of any Federal agency, a member of Congress, an officer or employee of Congress or an employee of a member of Congress in connection with the awarding of any Federal contract, the making of any Federal Grant, the making of any Federal loan, the entering into of any cooperative agreement and the extension, continuation, renewal, amendment or modification of any Federal contract, Grant, loan or cooperative agreement. If any funds other than Federal appropriated funds have been paid by the Contractor to any person for influencing or attempting to influence an officer or employee of any Federal agency, a member of Congress, an officer or employee of Congress or an employee of a member of Congress in connection with this Agreement, the undersigned shall complete and submit Standard Form- "Disclosure Form to Report Lobbying" in accordance with its instructions. 11.4 INTEREST OF CONTRACTOR The Contractor covenants that he presently has no interest and shall not acquire any interest, direct or indirect, which shall conflict in any manner or degree with the performance of services required to be performed under this Agreement. The Contractor further covenants that in the performance of this Agreement, no person having any such interest shall be employed. The Contractor shall not undertake A-37 any professional work which conflicts with its duties as the City's Contractor without the prior written consent of the City during the term of this Agreement. Any work where the Contractor can reasonably anticipate that it may be called to testify as a witness against the City in any litigation or administrative proceeding will constitute a conflict of interest under this Agreement. 11.5 PUBLIC ENTITY CRIMES The Contractor shall file the attached swom statement which is entitled PUBLIC ENTTI'Y 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.), Executive Order No. 11593, Executive Order No. 11988, Executive Order No. 11990, The Fish and Wildlife Coordination Act (PL 85-624), The Safe Water Drinking Act Section 1424(e) (PL 93-523, as amended), The Wild and Scenic Rivers Act (PL 90-542, as amended), The Demonstration Cities and Metropolitan Development Act of 1966 (PL 89-754), Section 306 of The Clean Air Act, Section 508 of The Clean Water Act, Executive Order No. 11738, The Civil Rights Act of 1964 (PL 88-352), The Age Discrimination Act (PL 94-135), Section 13 of The Federal Water Pollution Control Act (PL 92-500), Executive Order No. 11246, Executive Order No. 11625, Executive Order No. 12138, Executive Order No. 12549, The Davis Bacon Act (40 USC §276), the Occupational Safety and Health Act and applicable regulations, and the Americans with Disabilities Act (PL 101-336). 11.8 INSURANCE The Contractor agrees to cavy 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. r.&rr The insurance company selected shall be A+ or better per the Best's Key Rating Guide. The Contractor and the insurance company(s) shall agree to furnish the City thirty (30) days written notice of their intent to cancel or terminate said insurance. It is the full responsibility of the contractor to insure that all sub- contractors have full insurance coverage as stated above. The Contractor shall not commence the Work under this contract until Contractor has obtained all the insurance required under this paragraph and certificates of such insurance have been submitted to the City, nor shall the Contractor allow any subcontractor to commence work on a subcontract until all insurance required has been so obtained and approved by the City. The Contractor shall carry and maintain until acceptance of the Work, insurance as specified herein and in such form as shall protect Contractor and any subcontractor performing work under this Contract, or the City, from all claims and liability for damages for bodily injury, including accidental death, under this Contract, whether by Contractor or by any subcontractor or by any one directly or indirectly employed by either of them. The Contractor shall furnish to the City certificates of insurance in duplicate showing proof of insurance, naming the City as an additional insured party, prior to the start of construction as provided in the Contract. 11.9 BOND The Contractor shall provide Bonds in the form prescribed by State Law, and generally as shown in these Documents, for Performance and Payment, each in the amount of 100% of the total contract amount. 11.10 PERMITS All City and St. John's River Water Management District permits and other permits necessary for the prosecution of the Work shall be secured by the City, except for Contractor's licenses and registrations, and dewatering permits that may be required by St. Johns River Water Management District (SJRWMD). Contractor shall secure a building permit if required by the City's Building Official. 11.11 LAWS TO BE OBSERVED The Contractor shall give all notices and comply with all federal, state and local laws, ordinances, permit requirements and regulations in any manner affecting the conduct of the Work, and all such orders and decrees as enacted by bodies or tribunals having any jurisdiction or authority over the Work, and shall indemnify and save harmless the City and Engineer against any expense, claim or liability arising from, or based on, the violation of any such law, ordinance, regulation, permit requirements, order or decree, whether by Contractor or its employees. The failure of the Contractor to adhere to any known law or regulation pertaining to furnishing services under this Agreement shall constitute a material breach of this Agreement. The Contractor shall keep fully informed of all existing and pending state and national laws and municipal ordinances and regulations in any manner affecting those engaged or employed in the Work, or in any way affecting the conduct of tribunals having any jurisdiction or authority over the same. If any discrepancy or inconsistency is discovered in the Plans, Specifications, or Contract for this work in relation to any such law, ordinance, regulations, order or decree, Contractor shall forthwith report the same to the Engineer and City in writing. Contractor shall at all times himself observe and comply with and cause all its agents, subcontractors and employees to observe and comply with decrees; and shall A-39 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 AUSCELLANEOUS 12.1 ADDRESSES FOR NOTICES All notices given under or in connection with any of the Contract Documents shall be delivered in person or by telegraph or email (confirmed) or registered or certified mail to the parties at the address as either party may by notice designate. 12.2 WRITTEN NOTICE Written notice shall be considered as served when delivered to the designated representative of the Contractor and receipt acknowledged or sent by registered mail to the individual, firm, or corporation to the business address stated in Bid Proposal. Change of Address: It shall be the duty of each party to advise the other parties to the Contract as to any changes in his business address until completion of the Contract. 12.3 TAXES Contractor shall pay all sales or other taxes of any type which may be incurred in connection with the Work hereunder, and shall reimburse the City for any such taxes paid by the City. 12.4 TIME IS OF VITAL IMPORTANCE It is agreed and understood that time is of vital importance with respect to the completion date for the Work and all other provisions of the Contract Documents. 12.5 NO WAIVER OF LEGAL RIGHTS Neither the payment for, nor acceptance of the whole or any part of the Work by the City or representatives of the City, nor any extension of time, nor the withholding of payments, nor any possession taken by the City, nor the termination of employment of the Contractor shall operate as a waiver of any portion of the Contract or any power therein reserved or any right therein reserved or any right therein provided, nor shall the waiver by the City of any of the Contractor's obligations or duties under this Agreement constitute a waiver of any other obligation or duty of the Contractor under this Agreement. A-40 12.6 RIGHT TO WORK PRODUCT No reports, data, programs or other material produced in whole or in part under this Agreement shall be subject to copyright by the Contractor, in the United States or in any other country. The City or its assigns shall have the unrestricted authority to publish, disclose, distribute and otherwise use, in whole or in part, any reports, data, programs or other material prepared under this Agreement. All tracings, plans, specifications, maps, computer programs and data prepared or obtained under this Agreement shall remain the property of the City. Any use of any plans and specifications by the City except the use reasonably contemplated by the City at the time the City entered this Agreement will be at the City's risk and Contractor, its officers, directors and employees, will be held harmless from such use. A-41 IN WITNESS WHEREOF, the parties hereto have caused these presents to be executed, the day and year first above written. ATTEST: Sally A. Maio MMC (SEAL) Approved as to Form and Content for: Reliance by the City of Sebastian Only Robert Ginsburg, City Attorney Signed, sealed and delivered in the presence of: THE CITY OF SEBASTIAN LIM Name: Al Minner Title: City Manager CONTRACTOR U-3 Name: NAME: Title: A-41