HomeMy WebLinkAbout2000 $2M Resurfacing Project i cnr OF
SEBAST
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HOME Or PELICAN ISLAND
Memorandum
To: Terrence Moore, City Manager
From: Ralph I4. rescia PE, City Engineer
Date: December 12, 2001
Re: Ranger Construction
On September 20, 1999 the City issued a notice of award to Ranger Construction for Asphalt
concrete resurfacing in an amount not to exceed $2,000,000 per the unit prices specified.
The scope of resurfacing indicates that under this contract 50 miles of streets are anticipated or
until the earmarked funding is expended. This contract stipulates that under these conditions
the price of asphalt (S-1) is $30 per ton.
At present, approximately 41 miles of streets have been paved and there is $249,002.86 left in
the contract. All assignments have been issued by either work orders or street lists to
accomplish this work.
Since the price of asphalt is currently $45 per ton (approximately), Ranger is reluctant to
continue operations and consequently their efforts over the past few months are unpredictable
and unreliable.
Since we need proper operational coordination and appropriate citizen notification we cannot
continue to operate on an unpredictable schedule.
In discussions with Public Works Director Terry Hill it is recommended that we release Ranger
from this contractual agreement and we develop a new bid package.
Cc: Terry Hill, Director of Public Works
Paul Wagner, Contract Administrator
Mark Mason, Director of Finance
Bob Petersen, Construction Inspector
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HOME OF PELICAN ISLAND
1225 MAIN STREET 0 SEBASTIAN, FLORIDA 32958
TELCPHONE: (561) 589-5330 o FAX (561) 589-5570
October 26, 2001
Mr. Leo Vecellio,President r—.. Ae'/;-e-e �_��-Ce
Ranger Construction
4510 Glades Cutoff Road
Fort Pierce, FL 34981 C-6/ /(6 '-64�
Dear Mr. Vecellio:
As City Engineer for the City of Sebastian,part of my responsibilities includes the pavement management program.
We are currently under a 52,000,000.00 contract with your firm with more than two hundred thousand dollars worth
of paving to be completed. It is our intention to complete the entire City over the next two to three years at an
estimated cost of approximately 53,000,000.00.
Consequently, we would like to consider extending your contract in this regard,however we are very dissatisfied on
the manner in which we have been treated regarding scheduling comrnimaents. In addition, we are now being told
that the Grant Plant will no longer be servicing us and that we should make arrangements for scheduling through the
Fort Pierce Office.
The last paving conducted by your crews was in late July for a week. They subsequently left for"other"jobs. We
were promised that work would continue in August, then September,then October,now late November.
This is not the way we like to do business.
On a regular basis I am receiving calls from the citizens and the press along with some serious concerns from the
City Council and City Administration.
I would like to continue using your firm but I need your help in having your field forces adhere to a more
responsible schedule.
Please give me a call at 1-561-589-5490.
Thank you, for your attention in this matter
Sincerely, / 1 -
,Ralph N. Brescia,P.E.
City Engineer
Cc: Terrence R. Moore, City Manager
Terry Hill, Director of Public Works
RNB/sg
An Epual Opportunity Employer"
• Celebrating Our 75th Anniversary
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HOME OF PELICAN ISLAND
1225 MAIN STREET 0 SEBASTIAN, FLORIDA 32958
TELEPHONE: (561)589-5330 FAX (561) 589-5570
November 1, 2001
Mr. Anthony Johnson, Project Manager
Ranger Construction Industries, Inc.
P.O. Box 750
Grant, FL 32949-0705
Dear Mr. Johnson:
Thank you for taking the time to meet with me and my paving inspection staff on October
31St.
Pursuant to our discussion, I am submitting a work order which details the streets we
would like to have completed this month. Please direct any questions on this work order
to Bob Peterson at 561-589-5490.
We appreciate the concerns of your administration regarding the existing contract;
therefore, at your convenience, and after completion of this work order, we would like to
arrange a meeting to resolve our differences.
Thank you for your attention in this matter.
Sincerely, -,
/ 2—)
Ralph N. Brescia, P.E.
City Engineer
•
Cc: Terrence R. Moore, City Manager
Bob Petersen, Construction Inspector
"An Equal Opportunity Employer"
Celebrating Our 75th Anniversary
Resurfacing Program
Work Order
TO: Anthony Johnson
4210 Old Dixie Highway
Grant Fl. 32949
PROJECT: City Streets Resurfacing
CONTRACTOR Ranger Construction
DATE 10,31/01
The Roads listed below are to be graded with excess fill to be removed followed by paving 1 1/2s\
of S-1
Unit No. I Street Name I intersection Intersection Sq. Yds. ' Est.Tons
I 1 I Oak St. 1 Park.Ave. j Hibiscus Ave. 2.366.6 177.5
8 ITopsail Ln. j Rosebush Ter. Landsdown Dr.j 2,962.2 222.2
I 10 IAlantus Ter. I Clearbrook St.j Clearmont St. 4.693.3 I 352.0
10 i Crowberry Ln, j Concha Dr. j Rollinanill Dr. 4,082.2 306.2 ,
10 LE.merson Ln. ' Concha Dr. Carnival Ter. 2,662.2 j 199.7
10 I Haverford Ln. i Chalouoe Ter.f Caravan Ter. i 2,140.0 ; 150.5''
10 I Media Ter. j Ciearmont St. j Croquet Ln. { 3,000.0 225.0`
10 I Persian Ln. I Rosebush Ter.t Tuliip Dr. 1.291.1 I 96.8
10 (Surrey Tar. I Persian Ln. Clearmont St, 1,648.8 1 123.7
10 Tuxedo Ter. I Clearmont St. Persian Ln. 2.295.5 172.2
11 I Eastlake Ln. I Caravan Ter. Concha Dr. I 3,333.3 250.0
_ 11 S Glentry Ln. j Concha Dr. j Rollinghill Dr. 4,468.8 336.2
11 I Starfish Ln. I Skyline Dr. Periwinkle Dr. I 2.217.7 166.3
11 I sunrise Ln. I Periwinkle Dr. Skyline Dr. 1,771.1 132.8
11 I Sunset Ln. Skyline Dr. Periwinkle Dr. I 1,311.1 98.3
18 I Fellsrnere Blvd. I U.S. 1 Indian River Dr j 1,420.2 106.5
^ 664.1 3
Totals Y
I I 1 124.9. I ,
1 I 1
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COPY
C O PY City Of Sebastian Procurement &
Contract Administration
(A DIVISION OF THE OFFICE OF THE CITY 1L4NACER)
1225 MAIN STREET-SEBASTIAN,FLORIDA 32958
TELEPHONE(561)388-8241 FAX(561-581-0149
NOTICE OF AWARD
ASPHALTIC CONCRETE RESURFACING
TO: Ranger Construction Industries. Inc.
P.O. Box 705
Grant. Florida 32949-0705
You are hereby notified, on September 8, 1999, the Sebastian City Council
awarded the Asphalt Concrete Resurfacing to your firm, in the amount of (not to
exceed) $2.000,000.00 per the unit prices stipulated in the Bid Proposal Price
Form, dated August 18, 1999. which you submitted.
You are required by the bidding documents to execute the Agreement
Document (enclosed) and furnish the required CONTRACTORS PAYMENT AND
PERFORMANCE BONDS within ten (10) days from the date of this notice to you.
If you fail to furnish the executed Agreement and Payment and Performance
Bonds within ten (10) days from the date of this notice, the City shall be entitled to
consider all your rights arising out of the City's acceptance of your Bid as
abandoned and as a forfeiture of your Bid Bond in its entirety. The City shall be
entitled to such other rights as may be granted by law.
Do not start work until a Notice to Proceed is issued from this office.
Dated this 20th day of September, 1999.
Paul Wagner Phasing & Contract Administrator/
Assistant to Cit anager
SENT VIA CERTIFIED MAIL
1
City of Sebastian—BID
Asphaltic Concrete Resurfacing July 1999
BID PROPOSAL PRICE FORM
The undersigned having become thoroughly familiar with all of the Agreement and Bidding
Documents incorporated herein, the project site and the location conditions affecting the work,
hereby proposes to perform everything required to be performed in strict conformity with the
requirements of these documents, and to provide and furnish all the equipment, labor and
materials necessary to provide the construction services meeting or exceeding the specifications
as set forth herein for the Unit Price(s) as stated on page 2 attached. The price quoted is inclusive
of any Addenda, which may be issued.
By the signature below, the Contractor agrees that this Bid 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 this bid, the Contractor 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 Unit Price(s) submitted on page 2 attached.
Failure to execute the agreement as stipulated above may result in the forfeiture of the Bid Bond
in its entirety.
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Aut .rized Signature Printed Name/
(/)45/nzefirn. _fZ yr
Filim Name &Address Title
?D, Tau 765' 07- '7a S' 7e6
Phone Number/Fax Number
6.-/9-77 Date Signed
5/1/19
Page 1 of 3
City of Sebastian—BID
Asphaltic Concrete Resurfacing July 1999
BID PROPOSAL PRICE FORM
RESURFACING ITEMS
Item# Item Road Paving Evaluation Extension
Factor
(A) (B) A x B = ???
1 Type S1 Asphaltic S ;. ,fi-/ton 4.53% 'Sc., c• - x .0453=
Concrete
2 Type S-3 32. -2,-c-/ton 65.86% z7, c. x .6586 =
3 Leveling Course, S-3 2. /ton 14.40% 32.."•c. x .1440 =
4 Tack Coat 3 o,, /S.Y. 1.73% 0,3c, x .0173 = 64
5 Patching S o.: /S.F. 7.03% 0.5 x .0703 = : c>-;f5
6 Petromat S 17 /S.F. 6.45% v. S x .0645 = o�c
Total Base Bid Price (add items #1 thru 46)= - .,i S 244 �c
RECYCLING BID ITEMS
Item Bid Unit Price
Cold In-Place Recycling****** 3 Avz=
Asphalt Emulsion AE-200 for $,vc' ,4 /Gal.
Recycling*****
CHEMICAL TREATMENT BID ITEM
• Item Bid Unit Price
Chemical Treatment***** $AJ Aie)/S.F.
Basis of Award for Recvclinz and Chemical Treatment
If deemed by the City, the lowest bidder for Cold In-Place Recycling with Asphalt Emulsion, and
Chemical Treatment, as indicated above by asterisk, may be awarded separately. These vendors
are not required to bid on resurfacing items ("no bid" is acceptable for resurfacing).
SCOPE OF RESURFACING
The City anticipates paving 50 miles of streets or until the earmarked funding is expended. The
attached list of roads (approximately 20 miles) has been identified as requiring immediate
Page 2 of 3
City of Sebastian—BID
Asphaltic Concrete Resurfacing July 1999
resurfacing and is provided for information purposes. The furnishing of this list does not
constitute a commitment to the contractor. Roads will be resurfaced as drainage work is
completed and as the City deems the work necessary, and the City shall issue a work order for
each segment of road(s) to be paved setting, forth the scope of the work, location and schedule of
performance. Once performance of a work order is initiated, it shall be performed continuously
until completed.
RESURFACING BID BOND & PERFORMANCE BONDS
Because the intention of this project is to pave until the funds are exhausted, and because it is
estimated that the value of this contract is $2.0 million, we are requiring that the successful
bidder be able to secure Payment and Performance Bonds of$2.0 million at the signing of the
contract, (however may be less if an award is made separately as stated above ), the Bid Bond
amount will be 5%of the$2.0 million, and is required to be submitted with your bid.
RECYCLING & CHEMICAL TREATMENT BONDS
Value of Recycling is estimated at$300,000. Bid bond of S15,000 and performance bond of
•
$300,000 is required.
No performance bond on Chemical Treatment is required.
Page 3 of 3
CONSTRUCTION SERVICES AGREEMENT
THIS AGREEMENT made this day of rJl�ozz Z. , 1999, by and between the
CITY OF SEBASTIAN, a municipal corporation of the State of Florida, 1225 Main Street,
Sebastian, Florida, 32958, ("City") and Ranger Construction Industries, Inc., a Florida
corporation authorized to do business in the State of Florida, P.O. Box 705, Grant, FL 32949-
0705 ("Contractor.")
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. This Agreement is
not an exclusive agreement and the City may employ other contractors, professional or technical
personnel to furnish services for the City as the City in its sole discretion finds is in the public
interest.
The Agreement shall not be construed to create a contractual relationship of any kind between the
City and the Subcontractor(s), or, between any person or firm other than the City and Contractor.
The Contractor shall not sell, transfer, assign or otherwise dispose of the Contract or any portion
thereof, or of his right, title of interest therein or his obligations thereunder, or moneys due or to
become due under this Contract.
2.0 AGREEMENT DOCUMENTS
The Agreement Documents (also called CONTRACT DOCUMENTS) consist of this Agreement,
Supplemental Agreement(s), Notice of Invitation to Bid, Instructions for Bidders, Bid Proposal,
Bond Forms, Plans and Technical Specifications, 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.
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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.
I
2.6 TERM
This Agreement shall commence on the day it is executed by both parties and the term of the
Agreement shall extend until the Project is complete unless terminated in accordance with the
terms hereunder.
3.0 DEFINITION OF TERMS
3.1 GENERAL
Whenever the following terms appear in these Agreement Documents, their intent and meaning
shall, unless specifically stated otherwise,be interpreted as shown.
3.2 ACT OF GOD
The words "Act of God"mean an earthquake, flood, hurricane(or other named tropical event),
tornado or other cataclysmic phenomenon of nature. Rain,Wind or other natural phenomenon •
(including tropical waves and depressions) of normal intensity for the locality shall not be
construed as an Act of God .
3.3 ADDENDUM(re:bid documents)
A modification of the plans or other contract documents issued by the Owner and distributed to -
prospective bidders prior to the opening of bids. All Addenda shall be considered as part of the
Contract Documents.
3.4 AGREEMENT
A written agreement 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.
3.6 BID
The bid or proposal is the written offer of a Bidder to perform work described by the contract
documents when made out and submitted on the prescribed proposal form properly sealed and
guaranteed. The bid or proposal shall be considered as part of the Contract Documents.
3.7 BID BOND or PROPOSAL GUARANTEE:
Bidder 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.
3.3 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 and 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, or 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 his, their or its
heirs, executors, administrators, successors and assigns, or the lawful agent of any such individual,
firm, partnership, covenant or corporation, or his,their or its surety under any contract bond,
constituting one of the principals to the Contract and undertaking to perform the work herein.
3.12 DIRECTED, ORDERED, APPROVED&ETC.
Wherever in the Agreement Document the words"directed", "ordered", "approved", "permitted",
"acceptable", or words of similar import are used,it shall be understood that the direction, order,
approval or acceptance of the Owner is intended unless otherwise stated.
3.13 ENGE TEER
A Professional Engineer duly licensed and registered in the State of Florida and designated by the
City as Engineer. The City may designate a staff member as Engineer who is not licensed.
a
3.14 GENERAL CONDITIONS
The directions, provisions and requirements contained within the Agreement Documents, all
describing the general manner of performing the Work including detailed technical requirements
relative to labor, material equipment, and methods by which the Work is to be performed and
prescribing the relationship between the City and the Contractor.
3.15 INSPECTOR
A duly authorized representative of the City assigned to make official inspections of the materials
furnished and of the work performed by the Contractor.
3.16 LABORATORY
Any licensed and qualified 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, each in the amount of 100% of the Contract
Amount. •
3.19 PLANS
The official, approved 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.
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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 specification 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.
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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 seriousnes 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 him.
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.
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 furnish any required samples without charge. The
Contractor shall be given sufficient notification of the placing of orders for materials to permit
testing.
As an exception to the above, when the Contractor represents a material or an item of work as
meeting Specifications and under recognized test procedures it fails, any re-testing shall be at the
Contractor's expense,billed at the Testing Laboratory's standard rate for individual tests.
It is expected that all inspections and testing of materials and equipment will be done locally. If
the Contractor desires that inspections for tests be made outside of the local area, all expenses,
including per diem for the Engineer or Inspectors, shall be borne by the Contractor.
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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 first submission of shop drawings and other
drawings. The City's approval of any shop drawings shall not release the Contractor from
responsibility for errors, corrections of details, or conformance with the Contract. Shop drawings
shall be submitted according to the following schedule:
(a) Seven(7) copies shall be submitted to the City at least thirty(30) days before the
materials indicated thereon are to be needed or earlier if required to prevent delay of work or to
comply with subparagraph (b).
(b) The City shall, within fourteen(14) days of the submittal of any shop drawings,
return three (3) copies to the Contractor marked with any corrections and changes required and
noting if the drawings are acceptable as noted, or if resubmittal is required.
(c) The Contractor shall then correct the shop drawings to conform to the corrections
and changes requested by the City and resubmit six(6) copies to the City.
(d) Three (3) copies of Approved Shop Drawings shall be returned to the Contractor
by the City.
•
4.8 QUALITY OF EQUIPMENT AND MATERIALS
In order to establish standards of quality, the Specifications may refer to certain products by name
and catalog number. This procedure is not to be construed as eliminating from competition other
products of equal or better quality by other manufacturers where fully suitable in design.
The Contractor shall furnish to the City a complete list of his proposed desired substitutions prior
to the signing of the Contract, together with such engineering and catalog data as the City may
require. Further substitutions may be submitted during the course of work in accordance with
Paragraph 4.10 SUBSTITUTION OF EO UIPMENT 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.
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4.9 EQUIPMENT APPROVAL DATA
The Contractor shall furnish one(1) copy of complete catalog data for every manufactured item
of equipment and all components to be used in the Work, including specific performance data,
material description, rating, capacity, material gauge or thickness, brand name, catalog number
and general type.
This submission shall be compiled by the Contractor and submitted to the City for review and
written approval before any of the equipment is ordered.
Each data sheet or catalog in the submission shall be indexed according to specification section
and paragraph for easy reference.
After written approval is received by the Contractor, submission shall become a part of the
Contract and may not be deviated from except upon written approval of the City.
Catalog data for equipment approved by the City does not in any case supersede the Contract •
Documents. The acceptance by the City shall not relieve the Contractor from responsibility for
deviations from 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 Contractor shall check the work described by the catalog data
with the Contract Documents for deviations and errors.
It shall be the responsibility of the Contractor to insure that items to be furnished fit the space
available. He shall make necessary field measurements to ascertain space requirements, including
those for connections, and shall order such sizes and shapes of equipment that the field installation
shall suit the true intent and meaning of the Plans and Specifications.
•
Where equipment requiring different arrangement of connections from those shown is 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
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(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.
5.0 MATERIALS AND WORKMANSHIP
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 quality and performance which is acceptable to the Engineer
and City and is currently available, at no increase in Contract price.
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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.
5.3 REJECTED WORK AND MATERIAL
Any materials, equipment or work which do 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 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.
5.5 SKILL AND CHARACTER OF WORKMEN
All workmen must have sufficient knowledge, skill and experience to perform properly the work
assigned to them. Any foreman or workman 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 his employees
and/or any subcontractor or persons employed by subcontractors.
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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. He 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 his
surveillance.
5.7 CLEANING UP
The Contractor shall at all times keep the premises free from accumulation of waste materials or
rubbish caused by his employees or work. At the completion of the Work, he shall remove all his
rubbish, tools, scaffolding and surplus materials and shall leave his work"broom clean" or its
equivalent, unless more exactly specified, and shall insure that all debris and other unsightly
objects are removed and disposed.of in a satisfactory manner. At no additional expense to the •
City, the Contractor will restore to their original conditions or better, as nearly as practicable,
those portions of the site not designated for alteration and all such property, structure, utilities,
landscaping, etc., disturbed or damaged during the prosecution of the Work. Final payment will
be withheld until such clean up and repairs are completed
The Work will be considered complete only after all debris and unused material due to or
connected with the Work have been removed and the surrounding area left in a condition
satisfactory to the City. In the event the City finds that the Contractor has not complied in
keeping the job site clean, the City may, after twenty-four(24)hours written notice to the
Contractor to correct the situation, elect to have the job site cleaned by an independent labor
force. The cost of cleaning by said independent labor force shall be deducted from moneys due
the Contractor.
5.8 CITY'S OWNERSHIP OF MATERIALS
Any and all materials, whether structural or natural, found within the limits of the project remain
the property of the City unless City ownership is specifically conveyed to the Contractor.
All material, equipment and work become the sole property of the City as installed. These
provisions shall not be construed as relieving the Contractor from the sole responsibility for all
materials and work for which payments have been made, for the restoration of damaged work, or
as a waiver of right of the City to require the fulfillment of all the terms of the Contract.
5.9 GUARANTEE
The Contractor shall warrant all equipment furnished and work performed by him 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.
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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 of his 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 roadway, bridge and miscellaneous items.
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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 bridge 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 unit
prices for the various items of work to which it is incidentaL •
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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 utilities
which he damages 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.
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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 furnished and acknowledges receipt of the
Contractor's Certificates of Insurance and a properly executed performance and payment bond as
required.
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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.
7.4 SCHEDULE OF COMPLETION
The Contractor's schedules are subject to the approval of the City, which shall not be
unreasonably withheld, and shall reflect a logical sequence of the various components of work and
the anticipated rates of production necessary to complete the Work on or before the completion
date. Said schedules shall be submitted within ten(10)days of the execution of the agreement by
the City except when requested otherwise and shall be updated and resubmitted to the City on the
twenty-fifth (25th) day of every month with the Contractor's pay request.
7.5 COORDINATION OF CONSTRUCTION/PRECONSTRUCTION CONFERENCE
The Contractor shall coordinate his 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
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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 him
during the progress of the Work; provided that, should the Contractor disturb, disconnect or
damage any utility or any structure, all expenses of whatever nature arising from such disturbance
or the replacement or repair and testing thereof shall be borne by the Contractor.
7.8 CROSSING PUBLIC FACILIIIES
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
govrned by Paragraph 8.3 below.
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
al ile d in od an wifi
purpose.specific Changes tions or specia in the prov Work requsions ired shal b in an one emergency acc r to protect ce th life speci and property cations shall issued for be this
performed by the Contractor as required.
7.10 EXTENSION OF CONTRACT TM/LE
No extension of time shall be valid unless given in writing by the City. No monetary compensation
shall be given for such delay.
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A delay beyond the Contractors 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 uda y"requests must be submitted at the end of
each work week or be waived, and the cumulative"rain day" extensions granted shall be
processed as a Change Order with each pay submittal.
In the event that the City suspends the Work as provided in Paragraph 9.3, the Contractor shall be
granted an extension of time to complete the Work for as many calendar days as the Work was
suspended; except, however, that the Contractor will not be granted an extension of time to
complete the Work if the suspension was caused by a fault of the Contractor.
7.11 CORRECTION OF WORK
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Contractor shall, at no cost to the City, promptly correct Work failing to conform to requirements
of the Contract Documents, whether observed before or after completion of the Work and
whether or not fabricated, installed or completed, and shall correct any Work found to be not in
accordance with the requirements of the Contract Documents within a period of one (1) year from
the date of completion of the Work or by the terms of an applicable special warranty required by
the Contract Documents. The provisions of this Paragraph apply to the Work done by
Subcontractors as well as to the Work done by direct employees of Contractor.
Nothing contained in this Paragraph shall be construed to establish a period of limitation with
respect to other obligations which Contractor might have under the Contract Documents.
Establishment of the time period of one(1)year as described in Subparagraph 7.11(a)above
relates only to the specific obligation of Contractor to correct the Work, and has no effect on the
time within which the obligations of the Contract Documents may be enforced, nor to the time
within which proceedings may be commenced to establish Contractor's liability with respect to
Contractor's remaining contracual 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
two hundred fifty dollars ($250)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.
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It is expressly acknowledged by Contractor that said payment shall not be interpreted nor
construed as a penalty but is in fact a good faith attempt to fix damages which the City will suffer
in the event Contractor fails to perform as required hereunder or violates any provision of the
Contract Documents.
8.0 PUBLIC HEALTH AND SAFETY
8.1 PROTECTION OF PERSONS AND PROPERTY
The Contractor shall submit, for the City's approval, a project safety and security plan which
describes the Contractor's plans and procedures to protect the safety and property of property
owners, residents, and passers-by. The plan shall describe measures and precautions to be taken
during working hours and non-working hours.
A. Safety Precautions and Programs
The Contractor shall be responsible for initiating, maintaining and supervising all safety
precautions and programs in connection with the Work in accordance with the U.S. Department •
of Labor Occupational Safety and Health Act and the laws of the State of Florida.
This Contract requires that the Contractor and any and all subcontractors hired by the Contractor
comply with all relevant standards of the Occupational Safety and Health Act.Failure to comply
with the Act constitutes a failure to perform_
The Contractor agrees to reimburse the City for any fines and/or court costs arising from penalties
charged to the City for violations of OSHA committed by the Contractor or any and all
subcontractors.
B. Safety of Persons and Property
The Contractor shall take all reasonable precautions for the safety of, and shall provide all
reasonable protection to prevent damage, injury or loss to, all employees on the Work and all
• other persons who may be affected thereby; all the work materials and equipment to be
incorporated therein, whether in storage on or off 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.
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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 which may be hazardous to
person and property. The Contractor shall develop and implement a job safety and security plan
which will adequately protect all property and the general public.
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 Traffic 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 are permitted, it shall require forty-eight (48)
hours notification to the City. Traffic detours shall be pre-approved prior to closing. "Street
Closed to through Traffic" signs and"Detour"routes shall be indicated and maintained by the
Contractor when the job is located in a public or private street.
8.4 PROVISION OF ACCESS
Where traffic must cross open trenches, the contractor shall provide adequate ingress and egress
to dwellings, business facilities, utilities and service. Temporary provisions shall be made by the
Contractor to insure the use of sidewalks_ The Contractor shall provide suitable crossings at street
intersections and driveways, and supply such aid as may be required for pedestrians and motorists,
including delivery vehicles, to safely negotiate the construction areas.
On completion of Work within any area, the Contractor shall remove all debris, excess materials,
barricades and temporary Work leaving, walkways and roads in said area clear of obstructions.
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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,gh rust on, bamcades 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 Traffic Control and Safe Practices for Street and Highway Construction,
Maintenance and Utility Operations, latest edition.
The Contractor shall provide and maintain adequate barricades, construction signs, torches,
flashers, guards and flagmen as required in pedestrian and vehicular traffic areas. Regulations of
local authorities shall be compiled with. Advance warning signs are required on all streets where '
work is being conducted. Lane closures shall be signed and barricaded or coned as indicated in
aforementioned FDOT Index. Flagmen may be required where traffic and length of lane closure
warrant them. Where such a plan is needed, Contractor shall submit and obtain approval of their
traffic control lan by the City.
Y tY.
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-da y, 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.
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8.8 TEMPORARY FACILITIES AND CONTROLS
The Contractor shall provide controls for sanitary facilities, environmental protection and safety
controls on site acceptable to the Florida Department of Health and Rehabilitative Services,
Department of Environmental Protection, and St. Johns River Water Management District.
8.9 SANITARY PROVISION
The Contractor shall provide and maintain such sanitary accommodations adequate for the use of
his employees and those of his subcontractors, and as may be necessary to comply with the
requirements and regulations of the local and state departments of health.
Such facilities shall be made available when the first employees arrive on site of the Work, shall be
properly secluded from public observation, and shall be constructed and maintained during the
progress of the Work in suitable numbers and at such points and in such manner as may be
required or approved.
The Contractor shall maintain the sanitary facilities in a satisfactory and sanitary condition at all
times and shall enforce their use. Contractor shall rigorously prohibit the committing of nuisances
on the site of the Work, on the lands of the City or an adjacent property. 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 his 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 his review prior to initiation and implementation of the plan.
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8.13 WATER CONTROL
The Contractor shall provide for satisfactory disposal of surplus water and shall submit a plan to
the Engineer for his review prior to initiation and implementation of the plan. Prior approval shall
be obtained from the proper authorities for the use of public or private lands or facilities for such
disposal.
8.14 POLLUTION, SILTATION AND EROSION CONTROL
The Contractor shall provide for and take sufficient precautions to prevent pollution of private
and public lands, reservoirs, ponds, rivers, streams, creeks, etc., by the disposal of surplus
materials in the forms of solids, liquids or gases including, but not limited to, fuels, oils bitumen,
calcium chloride or other harmful materials. Contractor shall conduct and schedule Work
operations so as to avoid or otherwise minimize pollution or siltation 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 for control of discharge of Total Suspended Matter, and
shall prevent water and wind erosion of open excavations and swales.
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.
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9.3 SUSPENSION OF WORK
The City shall have the authority to suspend the Work wholly or in part, for such periods as may
be deemed necessary and for whatever cause, to include but not be limited to, unsuitable weather
or such other conditions as are considered unfavorable for prosecution of the Work, failure on the
part of the Contractor to carry out the provisions of the Contract or to supply materials meeting
the requirements of the Specifications, or the action of a governmental agency, by serving written
notice of suspension to the Contractor. In the event that the Engineer shall become aware of any
condition which may be cause for suspension of the Work, the Engineer shall immediately advise
the City of such condition. The Contractor shall not suspend operations under the provisions of
this Paragraph without the City's permission.
9.4 CONSTRUCTION REVIEW OF WORK
All materials and each part or detail of the Work shall be subject at all times to construction
review by the Engineer and the City. The Engineer and the City may appoint inspectors. The
•
Contractor will be held strictly to the true intent of the Specifications in regard to quality of
materials, workmanship, and the diligent execution of the Contract. Such construction review may
include mill, plant, or shop inspection, and any material furnished under the.Specifications is
subject to such inspection. The Engineer and the City shall be allowed access to all parts of the
Work and shall be furnished with such information and assistance by the Contractor as is required
to make a complete and detailed review. The City shall not be responsible for the acts or
omissions of the Contractor.
9.5 FIELD TESTS AND PRELIMINARY OPERATION
The Contractor shall perform the work of placing in operation all equipment installed under this
Contract, except as specifically noted hereinafter.
The Contractor shall make adjustments necessary for proper operation.
The Contractor shall provide construction labor required for preliminary operation of the
equipment installed under this Contract.
The Contractor shall notify the City when work is considered to be complete, in operating
condition, and ready for inspection and tests. Further inspection requirements may be designated
in the Technical Specifications.
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.
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9.6 EXAMINATION OF COMPLETED WORK
The City may request an examination of completed work of the Contractor at any time before
acceptance by the City of the Work and shall remove or uncover such portions of the finished
work as may be directed. After examination, the Contractor shall restore said portions of the
Work to the standard required by the Specifications. Should the work thus exposed or examined
prove acceptable, the uncovering or removing and the replacing of the covering or making good
of the parts removed shall be paid for as extra work, but should the work so exposed or examined
prove unacceptable, the uncovering, removing and replacing shall be at the Contractor's expense.
9.7 CONTRACTOR'S SUPERINTENDENT
A qualified superintendent, who is acceptable to the City, shall be maintained on the project and
give sufficient supervision to the Work until its completion. The superintendent shall have full
•
authority to act on behalf of the Contractor, and all communications given to the superintendent
shall be considered given to the Contractor. In general, such communications shall be confirmed •
in writing and always upon written request from the Contractor.
•
9.8 CITY'S RIGHT TO CORRECT DEFICIENCIES
Upon failure of the contractor to perform the work in accordance with the Contract Documents,
including any requirements with respect to the Schedule of Completion, and after five (5) days
written notice to the Contractor, the City may, without prejudice to any other remedy he may
have, correct such deficiencies. The Contractor shall be charged all costs incurred to correct
deficiencies.
9.9 CITY'S RIGHT TO TERMINATE CONTRACT AND COMPLETE WORK
In the event of any default by the Contractor, the City shall have the right to immediately
terminate the Contract upon issuance of written notice of termination to the Contractor stating the
cause for such action. This Agreement may be terminated by the City without cause provided at
least thirty(30) days written notice of such termination shall be given to the Contractor. In the
event of termination, the City may take possession of the Work and of all materials, tools and
equipment thereon and may finish the Work by whatever method and means it may select.
It shall be considered a default by the Contractor whenever he 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 su c
r
b ontractors
or
proper materials, or fail to make prompt payment therefore.
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9.10 RIGHTS OF VARIOUS INTEREST
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
his work and to report to the City any irregularities which will not permit him to complete his
work in a satisfactory manner. His failure to notify the City of such irregularities shall indicate the
work of other contractors has been satisfactorily completed to receive his 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 subcontractor proposed for the Work. Subcontractor 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 his subcontractors and their direct or indirect employees,
to the same extent as he is responsible for the acts and omissions of his 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 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, he shall notify the
Engineer and City of the emergency as soon as practicable, but I*shall not wait for instructions
before proceeding to properly protect both life and property.
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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 equipmen, 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 COMPLETEll 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.
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•
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.
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Prior to submission of any request for payment by the Contractor, the Engineer shall review the
request for payment to determine the following:
(a) That the work covered by the request for payment has been completed in
accordance with the intent of the Plans and Specifications.
(b) That the quantities of work have been completed as stated in the request for
payment, whether for a unit price contract or for payment on a lump-sum contract.
10.3 CITY'S ACTION ON A REQUEST FOR PAYMENT
Within thirty (30) days from the date of receipt of a request for payment the City shall do one of
the following:
(a) Approve and pay the request for payment as submitted.
(b) Approve and pay such other amount of the request for payment in accordance with
Paragraph 10.4 as the City shall decide is due the Contractor, informing the
Contractor in writing of the reasons for paying the amended amount.
(c) Disapprove the request for payment in accordance with Paragraph 10.4 informing
the Contractor in writing of the reasons for withholding payment.
10.4 CITY'S RIGHT TO WITHHOLD PAYMENT OF A REQUEST FOR PAYMENT
The City may withhold payment in whole or in part on a request for payment to the extent
necessary for any of the following reasons:
(a) Work not performed but included in the request for payment, or the contract Price
has been reduced by written change order.
(b) Work covered by the request for payment which is not in accordance with the
Plans, Specifications and generally accepted construction practices, including if in
the opinion of the City, there is sufficient evidence that the Work has not been
satisfactorily completed, or based upon tests and/or inspections the work is
defective or has been damaged requiring correction or replacement .
(c) In the event of a filing of a claim or lien, or information received by City of a
potential filing of a claim or lien against the Contractor or City.
(d) Failure of the Contractor to make payments to subcontractors, material suppliers
or labor.
(e) Damage to another contractor.
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(0 The City has had to correct a defect in the Work, or there are other items entitling
the City to a set-off against the amount recommended.
(g) Default of any of the provisions of the Contract Documents.
10.5 PAYMENT FOR UNCORRECTED WORK
Should the City direct, in writing, the Contractor not to correct work that has been damaged or
that was not performed in accordance with the Contract Documents, an equitable deduction from
the contract amount shall be made to compensate the City for the uncorrected work.
10.6 PAYMENT FOR REJECTED WORK AND MATERIALS
The removal of work and materials rejected under Paragraph 5.3 and the re-execution of work by
the Contractor shall be at the expense of the Contractor and the Contractor shall pay the cost of
replacing the destroyed or damaged work of other contractors by the removal of the rejected
work or materials and the subsequent re-execution of that work. In the event that City incurs '
expenses related thereto, Contractor shall pay for the same within thirty(30)days after written
notice to pay is given by the City. If the Contractor does not pay the expenses of such removal,
after ten (10) days written notice being given by the City of its intent to sell the materials, the City
may sell the materials and shall pay to the Contractor the net proceeds therefrom 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.
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.
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(d) By other methods as may be mutually agreed upon.
(e) By force account wherein the Contractor provides the labor and materials at
Contractor's direct cost plus 15% for overhead and profit. When the force account method is
used, the Contractor shall provide full and complete records of all costs for review by the City.
B. Claims
Claims arising from changes or revisions made by the Contractor at the City's request shall be
presented to the City before work starts on the changes or revisions. If the Contractor deems that
extra compensation is due for work not covered herein, or in Supplemental Agreement, the
Contractor shall notify the City in writing of its intention to make claim for extra compensation
before work begins on which the claim is based. If such notification is not given and the City is
not afforded by the Contractor a method acceptable to the City for keeping strict account of
actual cost, then the Contractor hereby waives its request for such extra compensation. The City
is not obligated to pay the Contractor if the City is not notified as described above. The
Contractor may refuse to perform additional work requested by the City until an appropriate
agreement is executed by the parties. Such notice by the Contractor and the fact that the City has
kept account of the costs as aforesaid shall not in any way be construed as proving the validity of
the claim.
10.8 CANCELED ITEMS OF WORK
The City shall have the right to cancel those portions of the contract relating to the construction:
of any item provided therein. Such cancellation, when ordered by the City in writing, shall entitle
the Contractor to the payment of a fair and equitable amount covering all costs incurred by him
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.
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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. lithe cost of completing the Work shall
exceed the unpaid balance, the Contractor or its Surety shall pay the difference to the City. The
cost incurred by the City as herein provided shall include the cost of the replacement contractor
and other expenses incurred by the City through the Contractor's default. In either event, all work
done, tracings, plans, specifications, maps, computer programs and data prepared by the
Contractor under this Agreement 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.
.P10.12 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.
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10.14 ACCEPTANCE AND FINAL PAYMENT
When it is determined, as a result of a joint inspection of the Work by the Contractor, City, and
Engineer that the Work has been completed in accordance with the terms of the Contract
Documents, the Engineer shall certify completion of the Work to the City. At that time, the
Contractor may submit the Contractor's final request for payment. The Contractor's final request
for payment shall be the contract amount plus all approved written additions less all approved
written deductions and less previous payments made. As a condition for Final payment, a
Contractor's Final Affidavit must be received by the City along with his Final Payment Request
and any as-built drawings which may be required. The Contractor shall furnish full and final
releases of Claim for labor, materials and equipment incurred in connection with the Work,
following which the City will release the Contractor except as to the conditions of the
performance bond, any legal rights of the City, required guarantees and satisfaction of all warranty
work, and shall authorize payment of the Contractor's final request for payment.
10.15 SATISFACTION OF WARRANTY WORK AFTER FINAL PAYMENT
The making of the final payment by the City to the Contractor shall not relieve the Contractor of
responsibility for faulty materials or workmanship. The City shall promptly give notice of faulty
materials and workmanship and the Contractor shall promptly replace any such defects discovered
within one (1)year from the date of final written acceptance of the Work by the City.
11.0 PUBLIC CONTRACT REQUIREMENTS
11.1 COVENANT AGAINST CONTINGENT FEES
The Contractor warrants that he 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 he 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 his personal interest, or have any personal or pecuniary
interest, direct or indirect, in this Agreement or the proceeds thereof.
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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 any FDOT Joint Participation 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 any professional work which conflicts with his duties as the City's
Contractor without the prior written consent of the City during the term of this Agreement. Any
work where the Contractor can reasonably anticipate that it may be called to testify as a witness
against the City in any litigation or administrative proceeding will constitute a conflict of interest
under this Agreement.
11.5 PUBLIC ENTITY CRIMES
The Contractor shall file the attached sworn statement which is entitled PUBLIC ENTITY
CRIMES, stating whether a person or affiliate as defined in Section 287.133 (I)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 consist of 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,
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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 L 92-500
Executive 92-500), e Order
No. 11246, Executive Order No. 11625, Executive Order No. 12138, Executive Order No.
12549, The Davis Bacon Act (40 USC §276), the Occupational Safety and Health Act and
applicable regulations, and the Americans with Disabilities Act (PL 101-336).
11.8 INSURANCE
The Contractor agrees to carry insurance, of the types and subject to the limits as set forth below
and maintain said insurance during the life of this agreement:
(a) Workers' Compensation- Contractor shall purchase workers'compensation
insurance as required by law.
(b) Commercial General Liability-Contractor shall purchase Commercial General
Liability insurance with a combined single limit of at least $1,000,000.
(c) Commercial Auto Liability-Contractor shall purchase Commercial Auto Liability
insurance with a combined single limit of at least $1,000,000.
Further, Contractor shall maintain such insurance as is reasonably required to satisfy its
obligations under Paragraph 9.18 for the Work paid for by the City but not yet accepted.
The insurance company selected shall be A+or better per the Best's Key Rating Guide. The
Contractor and the insurance company(s) shall agree to furnish the City thirty(30) days written
notice of their intent to cancel or terminate said insurance. It is the full responsibility of the
contractor to insure that all sub-contractors have full insurance coverage as stated above.
The Contractor shall not commence the Work under this contract until he 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 his 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 him 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 himself 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.
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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. 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 himself or his 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 himself 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, he shall forthwith report the same to the Engineer and City in writing. He shall at all
times himself observe and comply with and cause all his agents, subcontractors and employees to
observe and comply with decrees; and shall protect and indemnify the City and Engineer, their
officers, employees and agents against any expense, claim or liability arising from or based upon
violation of any such law, ordinance, regulations, orders or decree, whether by himself or his
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.
37
12.0 MISCELLANEOUS
12.1 ADDRESSES FOR NOTICES
All notices given under or in connection with any of the Contract Documents shall be delivered in
person or by telegraph or 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 P rovisions of the Contract Documents.
12.5 NO WAIVER OF LEGAL RIGHTS
Neither the payment for, nor acceptance of the whole or any part of the Work by the City or
representatives of the City, nor any extension of time, nor the withholding of payments, nor any
possession taken by the City, nor the termination of employment of the Contractor shall operate
as a waiver of any portion of the Contract or any power therein reserved or any right therein
reserved or any right therein provided, nor shall the waiver by the City of any of the Contractor's
obligations or duties under this Agreement constitute a waiver of any other obligation or duty of
the Contractor under this Agreement.
12.6 RIGHT TO WORK PRODUCT
No reports, data, programs or other material produced in whole or in part under this Agreement
shall be subject to copyright by the Contractor, in the United States or in any other country. The
City or its assigns shall have the unrestricted authority to publish, disclose, distribute and
otherwise use, in whole or in part, any reports, data, programs or other material prepared under
this Agreement. All tracings, plans, specifications, maps, computer programs and data prepared or
obtained under this Agreement shall remain the property of the City. Any use of any plans and
38
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.
Ili T WITNESS WHEREOF, the parties hereto have caused these presents to be executed, the day
and year first above written.
Al 1"b T: %B /I
OBASTIAN ly:
i O'Halloran ., z�•�`
CMC/AAE, City Clerk Name: / e v.v-`,,c _,- °L 0
Title: City Manager
(SEAL)
Approved as to Form and Content for:
Reli the Ci of Sebastian Only t
Rich Stringer, City A ' ey
• CONTRACTOR
Signed, sealed and delivered Gr�t fiK / 12/.�1In %el,ZhC'
in the presence of Contractor
Clif-
NAME: 24d- ,4 c nt' By: litAL,.., C6
g _4__.; Name: `�• -��k
N..■Liiiv /A / e ° Title: S/ .i/ .
_ 4. yMPrdieff ___Amy A
39
DRUG-FREE WORKPLACE FORM
The um.- ited Contract��acFord��with Florida Statute 287.087 hereby certifies
that gn�ifi (vv 17GG
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 progams and the penalties that may be imposed upon employees for
drug abuse violations.
3. Give each employee engaged in providing the commodities or contractual services that are
under bid a copy of the statement specified in Paragraph 1.
4. In the statement specified in Paragraph 1, notify the employees that, as a condition of
working on the commodities or contractual services that the employee will abide by the
terms of the statement and will notify the employer of any conviction of, or plea of guilty
or nolo contendere to any violation of Chapter 1893 or of any controlled substance law of
the United States or any state, for a violation occurring in the workplace no later than five
(5) days after such conviction_
5. Impose a sanction on, or require the satisfactory participation in a drug abuse assistance or
rehabilitation program if such is available in the employee's community, by any employee
who is so convicted.
6. Make a good faith effort to continue to maintain a drug free workplace through
implementation of Paragraph 1 through 5.
As the person authorized to sign this statement, I certify that this firm complies fully
with the above requirements.
Date: 9/
s
•i natur
40
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 ro er check
(s),P (s), in the
space(s) provided, and enclose it with his quote, bid, or proposal. If you are submitting a quote,
., q
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 237.132(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 LNCLUSION OF THE SWORN STATEMENT OR AFFIDAVIT SHALL BE
SUBMITTED CONCURRENTLY WITH YOUR QUOTE OR BID DOCUMENTS. NON-
INCLUSION OF THIS DOCUMENT MAY NECESSITATE REJECTION OF YOUR
QUOTE OR BID.
A
SWORN STATEMENT UNDER SECTION 287.133(3)(a), •
FLORIDA STATUTES, ON PUBLIC ENTITY CRIMES
THIS FORM MUST BE SIGNED IN THE PRESENCE OF A NOTARY PUBLIC OR
OTHER OFFICER AUTHORIZED TO ADMINISTER OATHS.
1. This sv orn s tement is submitted with Bid, Proposal or Agreement No.
ds a,(� for THE CITY OF SEBASTIAN.
2. This sworn statement is submitted by 7�a••►f..- 37, ue/ �r
(name of entity submitting
sworn statement) whose business address is
•1. =� and (if applicable)
� ��i C��� ��irEC filly�f :�~JV� ,
its Federal Employer Identification (FEIN) is S90.0 9Yt Z (If the entity has
no I±IN, include the Social Security Number of the individual signing this sworn
statement: .)
•
3. My name is • /cc1 (please print name of
individual signing) and r r 1ationship 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 Quilt or a conviction of a public entity crime, with or
without an adjudication of guilt, in any federal or state trial court of record relating to
charges brought by indictment or information after July 1, 1989, as a result of a jury
verdict, nonjury trial, or entry of a plea of guilty or nolo contendere.
6. I understand that an "affiliate" as defined in Paragraph 287.133(1)(a), Florida Statutes.
means:
(1) A predecessor or successor of a person convicted of a public entity crime: or
(2) An entity under the control of any natural person who is active in the management
of the entity and who has been convicted of a public entity crime. The term "affiliate"
includes those officers, directors, executives, partners, shareholders, employees, members,
B
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.tv. The
P P term P erson
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.)
1/Neither the entity submitting this sworn statement, nor any officers, directors,
hectors,
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
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.)
4,, dee./Z
( 'Qnature)
Date: 0/1f
STA.1 . OF FLORIDA
COUNTY OF felt/tie-
The forec.oinc instrum t was ackn wledged before me this 26_day of ,
1999 by —e-�'�� 'cc 2?-24:S. '{title) on
name of partnership), a partnership. He/she is personally
behalf of l � P P) P P
known to me or has produced as identification and did () did not
take an oath.
'P'' Kimberly Edlebeck
•=.' . MY COMMISSION#CC796838 EXPIRES
• December 20,2002
•F .i`o?r BONDED T.y�L TFCIY_EAIN INSURANCE INC.
Named
My Commiss an Expit: i -
Commission Number: C C 7 6 5 3 ;
D
BID BOND
KNOWN ALL MEW BY THESE PRESENTS, that, we the undersigned,
Ranger Construction Industries, Inc
as Bidder, and
United States Fidelity and Guaranty Company
as Surety,are hereby held and firmly bound unto the City of Sebastian,Florida, in the penal sum of
Amount which is S 100,000 for payment of
five 5/o percent of the Total Bid Amo p ym
� ) P
which, well and truly to be made, we hereby jointly and severally bind ourselves, successors and
assigns.
Signed this 25th day of August , 199 9
The Condition of the above obligation is such that whereas the Bidder has submitted to the City of
Sebastian a certain BID,attached hereto and hereby made a part of hereof to enter into a contract in
writing,for ASPHALTIC CONCRETE RESURFACING
NOW THEREFORE,
(a) If said BID shall be rejected,or
(b) If said BID shall be accepted and the Bidder shall execute and deliver a contract in the form
of Agreement attached hereto(property completed in accordance with said BID)and shall
furnish a Performance Bond for faithful performance of said contract, and Payment Bond for
the payment of all persons performing labor,furnishing materials in connection herewith,and
shall in all other respects perform the agreement created by tt acceptance of said BID,then
this obligation shall be void, otherwise the same shall remain in force and effect; it being
expressly understood and agreed that the liability of the Surety of any and all claims hereunder
shall, in no event,exceed the penal amount of this obligation as herein stated.
The Surety,for value received,hereby stipulates and agrees that the obligations of said Surety
and its Bid Bond shall be in no way impaired or affected by an extension of the time within
which the City of Sebastian may accept such Bid; and said Surety does hereby waive notice
of any such extension.
a Bid Bcodwpd•5/28/97
N WITNESS WHEREOF,the Bidder and the Surety have hereunto set their hands and seals,and such of them
as are corporations have caused their corporate seals to be hereto affixed and these is to be sign- by their
property officers,the day and year first set forth above.
• //4/
. Company
Name Ranger Construction Industries, Inc. Surety ii , - Fide u _ ranty Comp y
p� :. . I • Printed 6 '•
By: ri/
Bidder Auprized Signature S -Autho �� a•.
i/g (ix? ,r/ UP William Phelps-Attorney-In-Fact and FL Resident Agent
Bidder-.P.siitted or typed Name/and Title Surety-Printed or Typed Name and Title
IMPORTANT. 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.
•
A:Bid Band WPD-5,28/97
/ 1940565
United States Fidelity and Guaranty Company t% U S F-Fr®
Power of Attorney I N S U R A N C E
No. 111053
•
Know all men by these presents: That United States Fidelity and Guaranty Company, a corporation organized and existing under the laws of the State of
Maryland and having its principal office at the City of Baltimore, in the State of Maryland, does hereby constitute and appoint William Phelps
' of the City of Indialantic ,State of Florida its true and lawful Attorney(s)-in-Fact,each in their separate capacity if more than one is
named above,to sign its name as surety to.and to execute,seal and acknowledge any and all bonds,undertakings,contracts and other written instruments in the nature
thereof on behalf of the Company in its business of guaranteeing the fidelity of persons; guaranteeing the performance of contracts; and executing or guaranteeing
bonds and undertakings required or permitted in any actions or proceedings allowed by law.
In Witness Whereof,the said United States Fidelity and Guaranty Company,has caused this instrument to be se led with its corporate seal, duly attested
by the signatures of its Vice President and Assistant Secretary, this 11th day of September ,A.D.1996•
United Stat 'LTjj,and Guaranty Company
,�QYI (Signed) By •-•...._.._.._.------
Vice President
<
a 1896
4.41 OF (Signed) By........................ L` .� '�r�, .............. ............
As tans Secretary
State of Maryland 1 ,,-�
SS: ,,,,,;„,: 4—,' ` ,"' y
Baltimore City I ' '., '
On this 11th day of Sep tember& t 8:. before,m sonally ante Peter Carman, Vice President of United States Fidelity and
Guaranty Company,and Thomas E.Huibregtse, Assistant Secreary-of saieCompan' with.bpo r"whom I am personally acquainted, who being by me severally duly
sworn, said that they the said Peter Carman and Thomas E,;,Hufbr'tse were, respe tiv the Vice President and the Assistant Secretary of the said United States
Fidelity and Guaranty Company,the corporation described°.n and whit executedkthe'fogo tlq Power of Attorney; that they each knew the seal of said corporation;
that the seal affixed to said Power of Attorney was such corporate F'that it v as str-affixed.by,'ditfer of the Board of Directors of said corporation, and that they signed
their names thereto by like order as Vice President and Assistant Sp,eretary .reys}lectively, the'Company.
My Commission expires the 1st day°bf 2,u r4t. A'l' 6 2002
,4 (Signed) 1'�_.......
_..... . tary Pu.jf
This Power of Attorney is granted under and by authority of the following Resolutions adopted by the Board of Directors of the United States Fidelity and
Guaranty Company.September 24. 1992:
Resolved,that in connection with the fidelity and surety insurance business of the Company,all bonds, undertakings,contracts and other instruments relating
to said business may be signed. executed, and acknowledged by persons or entities appointed as Attorney(s)-in-Fact pursuant to a Power of Attorney issued in
accordance with these resolutions. Said Power(s)of Attorney for and on behalf of the Company may and shall be executed in the name and on behalf of the Company,
either by the Chairman, or the President, or an Executive Vice President, or a Senior Vice President, or a Vice President or an Assistant Vice President, jointly with the
Secretary or an Assistant Secretary, under their respective designations. The signature of such offices may be engraved, printed or lithographed. The signature of each
of the foregoing officers and the seal of the Company may be affixed by facsimile to any Power of Attorney or to any certificate relating thereto appointing Attorney(s)-in-
Fact for purposes only of executing and attesting bonds and undertakings and other writings obligatory in the nature thereof, and subject to any limitations set forth
therein, any such Power of Attorney or certificate bearing such facsimile signature or facsimile seal shall be valid and binding upon the Company and any such power so
executed and certified by such facsimile signature and facsimile seal shall be valid and binding upon the company with respect to any bond or undertaking to which it s
validly attached.
Resolved,That Attomey(s)-in-Fact shall have the power and authority,and,in any case,subject to the terms and limitations of the Power of Attorney issued
to them,to execute and deliver on behalf of the Company and to attach the seal of the Company to any and all bonds and undertakings, and other writings obligatory in
the nature thereof,and any such instrument executed by such Attomey(s)-in-Fact shall be as binding upon the company as if signed by an Executive Officer and sealed
and attested to by the Secretary of the Company.
I,Thomas E.Huibregtse, an Assistant Secretary of the United States Fidelity and Guaranty Company,do hereby certify that the foregoing are true excerpts
from the Resolutions of the said Company as adopted by its Board of Directors on September 24, 1992 and that these Resolutions are in full force and effect.
I,the undersigned Assistant Secretary of the United States Fidelity and Guaranty Company do hereby certify that the foregoing Power of Attorney is in full
force and effect and has not been revoked.
In Testimony Whereof, have hereunto set my hand and the seal of the United States Fidelity and Guaranty Company,
on this 2,6—ref day of t.ctSC ,19 cti
fF nt Secretary
t
�'��ut+
FS 314/961
1
PERFORMANCE BOND
KNOWN ALL PERSONS BY THESE PRESENTS:that
Ranger Construction Industries, Inc.
(Name of Contractor)
P.O. Box 705, Grant, FL 32904 (407)725-2700
(Address of Contractor)
a Corporation ,hereinafter called Principal and
(Corporation,Partnership or Individual)
United States Fidelity and Guaranty Company P.O. Box 1138 Baltimore, MD 21203(800)242-8734
(Name of Surety)
(Address of Surety)
hereinafter called Surety,are held and firmly bound unto the City of Sebastian,Florida,whose address shall be
known as"City of Sebastian City Hall,1225 Main Street,Sebastian,Florida 32958"in the total aggregate penal
sum of 100%of the contract amount equivalent to
Two Million and 00/100 Dollars
(written amount of contract)
(5 2,000,000 )
(numerical amount)
in lawful money of the United States,for the payment of which sum well and truly to be made, we bind
ourselves,our heirs,executors,administrators,successors,and assigns jointly and severally firmly by these
presents.
THE CONDITION OF THIS OBLIGATION is such thaat yi 1ereas,the Principal entered into a certain Agreement
with the City of Sebastian,dated the , day of CC"4 -1999,a copy of which is hereto attached and
made a part hereof for ASPHALT CONCRETE RESURFACING,
NOW THEREFORE,if the Principal shall well,truly and faithfully perform its duties,all the undertakings,
covenants, terms, conditions, and agreements of said contracts during the original term thereof, and any
extension thereof which may be granted by the City of Sebastian,with or without notice to the SURETY and
during the one year guaranty period and lithe
PRINCIPAL shall satisfy all claims and demands incurred under such contract,and shall fully indemnify and
save harmless the City from all costs and damages which it may suffer by reason of failure to do so,and shall
reimburse and repay the City for all costs which it may incur in making good any default,then this obligation
shall be void,otherwise to remain in full force and effect.
.a:Perfamenoe Bandwpd-5/28/97
PROVIDED,FURTHER,that the said SURETY,for value received ha eby stipulates and agrees that no change,
extension of time,alteration or addition to the terms of the contract or to WORK to be performed thereunder or
the SPECIFICATIONS accompanying same shall in any way affect its obligation on this BOND,and it does
hereby waive notice of any such changes,extension of time,alteration or addition to the terms of contract or to
the WORK or to the SPECIFICATIONS.
PROVIDED,FURTHER,that it is expressly agreed that the BOND shall be deemed amended,automatically and
immediately,without formal and separate amendments hereto,upon amendment to the Contract not increasing
the contract price more than 20 percent,so as to bind the PRINCIPAL and the SURETY to the full and faithful
performance of the contract as so amended,the term"Amendment",wherever used in this BOND,and whether
referring to this BOND,the Contract or the Loan Documents shall include any alteration,addition,extension,
or modification of my character whatsoever.
PROVIDED,FURTHER, that no final settlement between the City of Sebastian and the PRINCIPAL shall
abridge the right of the other beneficiary hereunder,whose claim may be unsatisfied. The City is the only
beneficiary hereunder.
A:Paformance Bandvspd-5/28/97
2
WITNESS WHEREOF,this instrument is executed in Two(2) counterparts,each of which
shall be deemed an original,this the day of ,1999.
ATTEST: Ranger Construction Industries, Inc.
(Principal)
•(Principal By: .. ,� , _ `�
gna •
(S L) i . At/ 'etC S e,/�
(Prin • ame and Title)
(Wi•• ; as to ' al) P.O. Box 705
d 1 ' /G)1_ &G C /.mo, Grant Florida /
k j%p/ United Std/ '// %,f* Company
'' (Surety ,/�f., Prin /•,%f
9L74 /J // .
-
- (Witness as tb-Surety) (A,f, , v-in F77-- ;! )
�1(' . // -7) , illiam Phelps
(Address) (Printed Name and Title)
/ Jj' /J,�� �/ �jJ 505 Rio Casa Drive South, Indialantic, FL 32903
/ (Address)
Note: Date of Bond must not be prior to date of the Agreement.
If Contractor is a partnership,all partners should execute the Bond.
IMPORTANT: 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.
ATerformance Bced.wpd-512t/97
3
1939956
United States Fidelity and Guaranty Company /% U S FAG®
Power of Attorney I N S U R A N C E
No. 111053
Know all men by these presents: That United States Fidelity and Guaranty Company,a corporation organized and existing under the laws of the State of
Maryland and having its principal office at the City of Baltimore, in the State of Maryland, does hereby constitute and appoint William Phelps
of the City of Indialantic ,State of Florida its true and lawful Attorney(s)-in-Fact.each in their separate capacity if more than one it
named above,to sign its name as surety to,and to execute,seal and acknowledge any and all bonds,undertakings, contracts and other written instruments in the nature
thereof on behalf of the Company in its business of guaranteeing the fidelity of persons; guaranteeing the performance of contracts; and executing or guaranteeing
bonds and undertakings required or permitted in any actions or proceedings allowed by law.
In Witness Whereof,the said United States Fidelity and Guaranty Company,has caused this instrument to be a led with its corporate seal, duly attested
by the signatures of its Vice President and Assistant Secretary, this 11th day of September ,A.D.1966•
United Statr'Ljy ,and Guaranty Company
YM (Signed) By '-•...._......... ._................................................................
ecvaMSe Vice President
;1F- tip!
.3 .$ (Signed) By r' 6.
•
As 4.,-,s..--,1,7b3
tant Secretary
State of Maryland)
Baltimore City ) °*„
` , > ,- !
On this 11th day of SeptembezA.D T98• ire re me erson l(y agile Peter Carman, Vice President of United States Fidelity and
Guaranty Company,and Thomas E.Huibregtse, Assistant Secretary,of's" omp r{ wifh„oth hom I am personally acquainted, who being by me severally duly
sworn, said that they the said Peter Carman and Thomas E.luibtrtItse were respective' ; e Vice President and the Assistant Secretary of the said United States
Fidelity and Guaranty Company,the corporation described qi whic cufed(the°fgregoing Power of Attorney; that they each knew the seal of said corporation;
that the seal affixed to said Power of Attorney was such corpo to a" thafit wass&affixed'byi rder of the Board of Directors of said corporation, and that they signed
their names thereto by like order as Vice President and AssistaqtieOratary4 reipectiv ly,,' 'Company.
My Commission expires the 1st dayto .f u 0. 2002
4
G..';4 (Signed) •` 1 .. .. •tary Puy If'
This Power of Attorney is granted under and by authority of the following Resolutions adopted by the Board of Directors of the United States Fidelity and
Guaranty Company,September 24, 1992:
Resolved,that in connection with the fidelity and surety insurance business of the Company,all bonds,undertakings,contracts and other instruments relating
to said business may be signed, executed, and acknowledged by persons or entities appointed as Attorney(s)-in-Fact pursuant to a Power of Attorney issued in
accordance with these resolutions. Said Power(s)of Attorney for and on behalf of the Company may and shall be executed in the name and on behalf of the Company,
either by the Chairman, or the President, or an Executive Vice President. or a Senior Vice President. or a Vice President or an Assistant Vice President, jointly with the
Secretary or an Assistant Secretary, under their respective designations. The signature of such offices may be engraved, printed or lithographed. The signature of each
of the foregoing officers and the seal of the Company may be affixed by facsimile to any Power of Attorney or to any certificate relating thereto appointing Attorney(sl-in-
Fact for purposes only of executing and attesting bonds and undertakings and other writings obligatory in the nature thereof, and subject to any limitations set forth
therein, any such Power of Attorney or certificate bearing such facsimile signature or facsimile seal shall be valid and binding upon the Company and any such power so
executed and certified by such facsimile signature and facsimile seal shall be valid and binding upon the company with respect to any bond or undertaking to which it it
validly attached.
Resolved,That Attomey(s)-in-Fact shall have the power and authority,and,in any case,subject to the terms and limitations of the Power of Attorney issued
to them,to execute and deliver on behalf of the Company and to attach the seal of the Company to any and all bonds and undertakings, and other writings obligatory in
the nature thereof,and any such instrument executed by such Attomey(s)-in-Fact shall be as binding upon the company as if signed by an Executive Officer and sealed
and attested to by the Secretary of the Company.
I,Thomas E.Huibregtse, an Assistant Secretary of the United States Fidelity and Guaranty Company,do hereby certify that the foregoing are true excerpts
from the Resolutions of the said Company as adopted by its Board of Directors on September 24,1992 and that these Resolutions are in full force and effect.
I,the undersigned Assistant Secretary of the United States Fidelity and Guaranty Company do hereby certify that the foregoing Power of Attorney is in full
force and effect and has not been revoked.
In Testimony Whereof,I have hereunto set my hand and the seal of the United States Fidelity and Guaranty Company,
1 on this day of ,19
ssistant Secretary
,..(:)<0.
di
FS 3)4/98)
PAYMENT BOND
KNOW ALL PERSONS BY THESE PRESENTS: that
Ranger Construction Industries, Inc.
(Name of Contractor)
P.O. Box 705,Grant, FL 32904 (407)725-2700
(Address of Contractor)
a Corporation ,hereinafter called PRINCIPAL, and
(Corporation,Partnership, or Individual)
United States Fidelity and Guaranty Company P.O. Box 1138 Baltimore,MD 21203(800)242-8734 •
(Name of Surety)
hereinafter called SURETY,are held firmly bound unto the City of Sebastian,Florida,whose address
shall be known as"City of Sebastian City Hall, 1225 Main Street,Sebastian,Florida 32958", and unto
all persons, firms and corporations who or which may furnish labor, or who furnish materials to
perform as described under the Contract and to their successors and assigns in the total aggregate
penal sum of 100%of the Contract amount equivalent to
Two Million and 00/100 Dollars
(Written amount of Contract)
(S 2.000,000 )in lawful money of the United States,for the payment of which sum well
and truly be made,we bind ourselves,our heirs,executors,administrators,successors,and assigns,
jointly and severally,firmly by these presents.
THE CONDITION OF THIS OBLIGATION is such that whereas,the PRIN IPAL,entered into
a certain contract with the City of Sebastian,dated the ■6Z4-4--day of C , 1999,a copy
of which is hereto attached and made part hereof for ASPHALT CONCRETE RESURFACING,
NOW THEREFORE,if the PRINCIPAL shall promptly make payment to all persons, firms, and
corporations furnishing materials for or performing labor in the prosecution of the WORK provided
for in such contract,and any authorized extensions or modification thereof, including all amount due
for materials, lubricants, oil,gasoline,diesel fuel, electricity, repair on machinery, equipment and
tools,consumed or used in connection with the construction of such WORK, and for all labor cost
incurred in such WORK including that by a SUBCONTRACTOR, and to any mechanic or
1
materialman lien holder whether it acquires its lien by operation of State or Federal law; then this
obligation shall be void,otherwise to remain in full force and effect.
PROVIDED,that beneficiaries or claimants hereunder shall be limited to the SUBCONTRACTORS,
and persons, firms, and corporations having a direct contract with the PRINCIPAL or its
SUBCONTRACTORS.
PROVIDED,FURTHER,that the said SURETY for value received hereby stipulates and agrees that
no change,extension of time,alteration or addition to the terms of the contract or to the WORK to
be performed thereunder or the SPECIFICATIONS accompanying the same shall in any way effect
its obligation on this BOND,and it does hereby waive notice of any such change,extension of time,
alteration or addition to the terms of this contract or to the WORK or to the SPECIFICATIONS.
PROVIDED,FURTHER,that no suit or action shall be commenced hereunder by any claimant: (a)
Unless claimant, other than one having a direct contract with the PRINCIPAL shall have given
written notice to any two of the following: The PRINCIPAL, the CITY, or the SURETY above
named, within ninety(90)days after such claimant did or performed the last of the work or labor,
or furnished the last of the materials for which said claim is made, stating with substantial accuracy
the amount claimed and the name of the party to whom the materials were furnished, or for whom
the work or labor was done or performed. Such notice shall be served by mailing the same by
registered mail or certified mail,postage prepaid,in an envelope address to the PRINCIPAL,CITY,
or SURETY,at any place where an office is regularly maintained for the transaction of business,or
served in any manner in which legal process may be served in the State of Florida save that such
service need not be made by a public officer. (b)After the expiration of the one(1)year following
the date on which PRINCIPAL ceased work on said CONTRACT,it being understood,however,
that if any limitation embodied in the BOND is prohibited by any law controlling the construction
hereof, such limitation shall be deemed to be amended so as to be equal to the minimum period of
limitation permitted by such law controlling the construction hereof.
PROVIDED,FURTHER,that it is expressly agreed that the BOND shall be deemed amended,automatically and
irmnediately,without formal and separate amendments hereto,upon amendment to the Contract not increasing
the contract price more than 20 percent,so as to bind the PRINCIPAL and the SURETY to the full and faithful
performance of the caatract as so amended,the tam"Amendment",wherever used in this BOND,and whether
refacing to this BOND,the Contract or the Loan Documents shall include any alteration,addition,extension,
or modification of any character whatsoever.
PROVIDED, FURTHER,that no final settlement between the City of Sebastian and the PRINCIPAL shall
abridge the right of the other beneficiary hereunder,whose claim may be unsatisfied.The City is the only
beneficiary hereunder.
2
Asphaltic Concrete Resurfacing July 1999
TECHNICAL SPECIFICATION
1.0 PAVEMENT OVERLAYS
1.1 Description
This work shall consist of furnishing and placing one or more layers of hot mix asphalt
on a prepared base or over an existing paved surface. The work shall be performed as
directed by the City, true to line and grade, and in conformity with the contract
documents. The work specified herein consists of the construction of an asphaltic
concrete pavement course composed of a mixture of stone and slag screenings with silica
sand and asphalt cement, and mineral filler if needed. All requirements of Section 320
for plant and equipment and of Section 330 for general construction requirements of the
Florida DOT Standard Specifications for Road and Bridge Construction, 1996 Edition
shall apply to this work.
1.2 Basis of Payment
a) Hot Mix Asphalt Pavement. Payment for Dense-graded Hot Mix Asphalt
P ym S�' �
Pavement shall be made at the respective contract unit prices, excluding
rejected work, wasted material, or material returned to the plant. Payment
under these items shall be full compensation for all materials (except
bituminous tack coat), for all labor, hauling, and equipment, road preparation,
brooming and for all traffic control services required in constructing the
g q
g
overlay except as otherwise provided in the Contract.
1) Price Adjustments. The bid unit price for Bituminous Material will be
adjusted to reflect changes, both increase and decrease, in the Asphalt
Index price of bituminous material that are in effect during the month
in which bids were received for this contract. The Contractor will not
be given the option to reject this cost adjustment of Bituminous
Materials. This adjustment will be made in accordance with the
following criteria based upon Section 9-2.1.1 of the 1996 FDOT
Standard Specifications for Road and Bridge Construction.
a) Price adjustments will apply only to the price of bituminous
material F.O.B. manufacturer's asphalt plant and will not
reflect variations in the cost of transportation from the plant to
the job site.
b) The adjusted unit price shall be calculated for the month during
which the material was incorporated into the project in
accordance with the following formula:
Pa=Pb +(Id- 1.10_1b)during a period of increasing prices.
Pa=Pb +(Id—0.901b)during a period of decreasing prices.
1-1
4
WITNESS WHEREOF,this instrument is executed in Two(2) counterparts,each of which
shall be deemed an original,this the day of , 1999.
ATTEST: Ranger Construction Industries, Inc.
(Principal)
(Principal S S. By:
/4.7.-
" (S' ature)
(SEAL) ‘/( ( if tC SA/dg
✓� (Prin ame and Title)
(Wi as to Principal) P.O. Box 705
/,-5T G s l th (Add/�- ; A ss� Grant Florida 2942,
je/ `G) United St y-J i'!li and /Company
(Surety pre //TIr / /'
ATST:
(witness as,to Surety) (• it -/'. .'! F.�/ i_;•�
f/ , //1/////v) /.//f 4 / illiam Phelps
ddress) ) (Printed Name and Title)
i ,//;9/� / �/ 1�% 505 Rio Casa Drive South, Indialantic, FL 32903
!� (Address)
Note: Date of Bond must not be prior to date of the Agreement.
If Contractor is a partnership,all partners should execute the Bond.
IMPORTANT: 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.
3
1939957
United States Fidelity and Guaranty Company /% U S F-}-G®
Power of Attorney I N S U R A N C E
No. 111053
Know all men by these presents: That United States Fidelity and Guaranty Company,a corporation organized and existing under the laws of the State of
Maryland and having its principal office at the City of Baltimore, in the State of Maryland, does hereby constitute and appoint William Phelps
of the City of Indialantic ,State of Florida its true and lawful Attorney(s)-in-Fact,each in their separate capacity if more than one s
named above,to sign its name as surety to,and to execute,seal and acknowledge any and all bonds,undertakings,contracts and other written instruments in the nature
thereof on behalf of the Company in its business of guaranteeing the fidelity of persons: guaranteeing the performance of contracts: and executing or guaranteeing
bonds and undertakings required or permitted in any actions or proceedings allowed by law.
In Witness Whereof,the said United States Fidelity and Guaranty Company,has caused this instrument to be se led with its corporate seal, duly attested
by the signatures of its Vice President and Assistant Secretary, this 11th day of September ,A.D.1990.
I
United Stat.. '� - and Guaranty Company
N (Signed) By..............
Vice President
To
896 <
x40 Attie (Signed) By..................... -.
_
As Cant Secretary
State of Maryland) r-,
f
1 SS:
" K"
Baltimore City ) �-,. a °'
On this 11th day of S ep tembe> A, g $. before me personalyame Peter Carman, Vice President of United States Fidelity and
Guaranty Company,and Thomas E.Huibregtse, Assistant Sec ary.of`Sar&£ompar}y,with-both (whom I am personally acquainted, who being by me severally duly
sworn, said that they the said Peter Carman and Thomas E.ldulblftse were respectivey the Vice President and the Assistant Secretary of the said United States
fidelity and Guaranty Company,the corporation describedi h`"'an t,hi �e ecufedpth'effpregoing Power of Attorney; that they each knew the seal of said corporation:
that the seal affixed to said Power of Attorney was such corporate e it-ui(gffS.affixed b furder of the Board of Directors of said corporation, and that they signed
their names thereto by like order as Vice President and Assistant Secretary;restively of tfie Company.
My Commission expires the 1st day f`Au ,, lr Qklf 2002
c.
.. (Signed) By-. ...�!L/1' •-/-1--
, fa. tary Pusjf ...............
This Power of Attorney is granted under and by authority of the following Resolutions adopted by the Board of Directors of the United States Fidelity and
Guaranty Company,September 24, 1992:
Resolved,that in connection with the fidelity and surety insurance business of the Company,all bonds,undertakings, contracts and other instruments relating
to said business may be signed. executed, and acknowledged by persons or entities appointed as Attorneys)-in-Fact pursuant to a Power of Attorney issued in
accordance with these resolutions. Said Power(s)of Attorney for and on behalf of the Company may and shall be executed in the name and on behalf of the Company.
either by the Chairman, or the President, or an Executive Vice President, or a Senior Vice President, or a Vice President or an Assistant Vice President, jointly with the
Secretary or an Assistant Secretary, under their respective designations. The signature of such offices may be engraved, printed or lithographed. The signature of each
of the foregoing officers and the seal of the Company may be affixed by facsimile to any Power of Attorney or to any certificate relating thereto appointing Attorney(s)-in-
Fact for purposes only of executing and attesting bonds and undertakings and other writings obligatory in the nature thereof, and subject to any limitations set forth
therein, any such Power of Attorney or certificate bearing such facsimile signature or facsimile seal shall be valid and binding upon the Company and any such power so
executed and certified by such facsimile signature and facsimile seal shall be valid and binding upon the company with respect to any bond or undertaking to which it is
validly attached.
Resolved,That Attorneys)-in-Fact shall have the power and authority,and,in any case,subject to the terms and limitations of the Power of Attorney issued
to them,to execute and deliver on behalf of the Company and to attach the seal of the Company to any and all bonds and undertakings, and other writings obligatory in
the nature thereof,and any such instrument executed by such Attorney(s)-in-Fact shall be as binding upon the company as if signed by an Executive Officer and sealed
and attested to by the Secretary of the Company.
I,Thomas E.Huibregtse, an Assistant Secretary of the United States Fidelity and Guaranty Company,do hereby certify that the foregoing are true excerpts
from the Resolutions of the said Company as adopted by its Board of Directors on September 24, 1992 and that these Resolutions are in full force and effect.
I,the undersigned Assistant Secretary of the United States Fidelity and Guaranty Company do hereby certify that the foregoing Power of Attorney is in full
force and effect and has not been revoked.
In Testimony Whereof,I have hereunto set my hand and the seal of the United States Fidelity and Guaranty Company,
on this day of ,19
(..60 .77
nt Secretary
FS 3(4/98)
Asphaltic Concrete Resurfacing July 1999
TECHNICAL SPECIFICATION
1.0 PAVEMENT OVERLAYS
1.1 Description
This work shall consist of furnishing and placing one or more layers of hot mix asphalt
on a prepared base or over an existing paved surface. The work shall be performed as
directed by the City, true to line and grade, and in conformity with the contract
documents. The work specified herein consists of the construction of an asphaltic
concrete pavement course composed of a mixture of stone and slag screenings with silica
sand and asphalt cement, and mineral filler if needed. All requirements of Section 320
for plant and equipment and of Section 330 for general construction requirements of the
Florida DOT Standard Specifications for Road and Bridge Construction, 1996 Edition
shall apply to this work.
1.2 Basis of Payment
a) Hot Mix Asphalt Pavement. Payment for Dense-graded Hot Mix Asphalt
Pavement shall be made at the respective contract unit prices, excluding
rejected work, wasted material, or material returned to the plant. Payment
under these items shall be full compensation for all materials (except
bituminous tack coat), for all labor, hauling, and equipment, road preparation,
brooming and for all traffic control services required in constructing the
overlay except as otherwise provided in the Contract.
1) Price Adjustments. The bid unit price for Bituminous Material will be
adjusted to reflect changes, both increase and decrease, in the Asphalt
Index price of bituminous material that are in effect during the month
in which bids'were received for this contract. The Contractor will not
be given the option to reject this cost adjustment of Bituminous
Materials. This adjustment will be made in accordance with the
following criteria based upon Section 9-2.1.1 of the 1996 FDOT
Standard Specifications for Road and Bridge Construction.
a) Price adjustments will apply only to the price of bituminous
material F.O.B. manufacturer's asphalt plant and will not
reflect variations in the cost of transportation from the plant to
the job site.
b) The adjusted unit price shall be calculated for the month during
which the material was incorporated into the project in
accordance with the following formula:
Pa=Pb+(Id- 1.10_1b)during a period of increasing prices.
Pa=Pb+ (Id—0.90 lb) during a period of decreasing prices.
1-1
Asphaltic Concrete Resurfacing July 1999
Pa=Adjusted unit price for Bituminous Material. (To be
calculated separately for each month during which
bituminous material is used and will reflect an
increased or decreased price.)
Pb=Bid unit price for Bituminous Material.
Id=Asphalt Price Index during the month in which the
material is incorporated into the project.
Ib=Asphalt Price Index during the month in which bids
were received for this contract.
c) The FDOT Contracts Office will determine the Asphalt Price
Index after the 15th of each month. The Index shall be
determined by averaging quotations in effect on the first day of
the month at all plants which could reasonably be expected to
furnish bituminous material to projects in the State of Florida.
d) A price adjustment will be made only when the current asphalt .
price index varies by more than 10 percent from the index that
was applicable when bids were received. The burden of proof
& substantiation of any price adjustment shall rest with the
Vendor.
e) No adjustment will be allowed for the volume of water used to
dilute emulsified asphalt in the proportions established by the
contract specifications for use on the job.
c) Tack Coat. Payment for bituminous Tack Coat shall be made
at the contract unit price, excluding rejected work. Payment
under this item shall be full compensation for all materials,
labor, hauling, equipment, road preparation, brooming and
traffic control services incidental to work, except as otherwise
provided in the Contract.
1.3. Materials
a) Bituminous Material: Asphalt Cement, Bituminous Tack Coat and Bituminous
Prime Coat Specifications. The asphaltic cement shall be Viscosity Grade AC-
20 or AC-30. The Tack shall be Emulsified Asphalt. Grade RS-2 or EPR
Prime and shall meet the requirements of Section 916-4 of the 1996 Florida
DOT Standard Specification.
b) Aggregate: The aggregate shall consist of stone or slag screening or a
combination of stone or slag screenings with silica sand, and shall meet the
gradation requirements and provide the required stability of the mix, as
specified below. Screenings shall be produced from stone or slag conforming
1-2
Asphaltic Concrete Resurfacing July 1999
with the requirements of Section 901. The sand shall meet the requirements
of 332-2.2.3. Aggregate containing any appreciable amount of phosphate
shall not be used.
c) Mineral Filler: Mineral filler, if needed, shall conform with the requirements
of Section 917.
1.4 General Composition of Mixture
a) General: The bituminous mixture shall be composed of a combination of.
aggregate (coarse, fine, or mixtures thereof), mineral filler if required, and
bituminous material. The several aggregate fractions shall be sized, uniformly
graded, and combined in such portions that the resulting mixture will meet the
grading and physical properties of the approved job mix formula.
Reclaimed asphalt pavement meeting the requirements of 331-2.2.4 may be
approved as a substitute for a portion of aggregates subject to all applicable
specification requirements being met. If use of reclaimed asphalt pavement is
approved, a recycling agent meeting the requirements of 331-2.2.5 may be
used in the mix in lieu of asphalt cement.
b) Grading Requirements: The job mix formula, as established by the Contractor
and approved by the Department, shall be within the design range specified in
Table 331-1.
c) Proportions of Sand and Screenings: Not more than 25% by weight of the
total aggregate used shall be local sand. In addition to the local sand, a
portion not to exceed 15% by weight of the total aggregate may be
commercial washed sand. The commercial washed sand shall be supplied by
an approved source having a Department sand mine number and conform with
the requirements of Section 902 except those in 909.2.
The sand portion of any reclaimed asphalt pavement material if used in the
mixture shall be considered as local sand.
d) Stability: The constituents of the mixture shall be combined in such
proportions as to produce a mixture having Marshall properties within the
limits shown in Table 331-2.
e) Screening: When tested at the cold elevator in the combination to be used, the
aggregate shall contain not more than 10%, by weight, of material passing the
No. 200 sieve. Any screenings used in the combination of aggregate shall not
contain more than 15% of material passing the No. 200 sieve. When two
screenings are blended to produce the screenings component of the aggregate,
any component of such screenings may contain up to 18% of material passing
1-3
Asphaltic Concrete Resurfacing July 1999
the No. 200 sieve. Screenings may be washed to meet these requirements and
shall be free from lumps and foreign matter.
f) Formula for Job Mix: The job mix formula shall conform to the requirements
of 331-4.3. In addition to these requirements, the job mix formula shall
include test data showing that the material as produced will meet the
requirements of Table 331-2.
1.5 Contractor's Quality Control
The Contractor shall provide the necessary control of the bituminous mixture and
construction in accordance with the applicable provisions of 6-8.4 and 331-4.4. After the
job mix formula is approved, the Contractor shall furnish the material not only within the
limits of the design range, but in addition, shall meet the approved job mix formula
within the acceptance ranges shown in the approved design mix. The extraction
gradation analysis shall comply with provisions of 331-4.4.2 and Table 331-3. Plant
calibration shall comply with the provisions of 331-4.4.3 and Table 331.3.
1.6 Acceptance of Mixture:
a) Acceptance of the Plant: The bituminous mixture will be accepted at the plant
with respect to gradation and asphalt content in accordance with the
requirements of 331-5.
b) Acceptance on visual inspection. The mix shall be rejected on the basis of
visual inspection when,in the judgment of the City:
1. The mix is contaminated with fuel,roots, lumps of fines, soft or friable
coarse aggregate particles, or other deleterious substances liable to affect
the performance of the pavement.
2. there are visible signs of a deficiency, excess, or non-uniform
distribution of the asphalt cement, or the large particles are not fully
coated;
3. Segregation of particle sizes has occurred, as evidenced by pockets of
coarse particles.
4. the exposed portions of the mix held in the truck bed or the hopper of
the paving machine have cooled to the point that lumps have formed,
regardless of the temperature within the mass; or
5. The mix has been exposed to rain or has been transported uncovered or
partially uncovered.
1.7 Acceptance of workmanship
Each paving course shall be accepted for workmanship when it is placed and compacted
according to these specifications, true to line and grade, and free of defects and surface
1-4
Asphaltic Concrete Resurfacing July 1999
irregularities. Non-conforming work, including material placed after rejection by the
inspector, material placed upon an unacceptable tack coat, and work performed without
inspection or without the approvals required under these specifications, shall be rejected
for workmanship.
Areas rejected on the basis of workmanship shall be corrected at the expense of the
Contractor by removal and replacement or by overlaying with a leveling course, as the
City may direct. When an area is to be corrected by removal and replacement, the entire
paving width shall be removed, and any disturbance of the layers below caused by such
removal shall be corrected. The affected area, not less than 100 feet in length, shall be.
replaced using a paving machine and a steel-wheeled roller and shall be subject to the
acceptance requirements for the original work. Additional material required for
replacing or correcting areas rejected for workmanship shall not be counted for payment;
the rejected work shall be included in the pay quantity when the work has been corrected
and accepted. (This does not apply to overlays to correct deficient thickness, which is
covered below).
Surface irregularities, as measured with a straightedge at least 4.5 meters (15 ft) long,
shall not exceed 6 mm(1/4 in.)in the finished surface.
1.8 Acceptance of thickness
Thickness shall be controlled to meet a specified average thickness dimension or a
specified average rate of spread,whichever the City may require. In addition, a minimum
-spot thickness, as specified below, shall be maintained throughout the work.
a) Specified thickness. The average thickness for any area of 2392 sy or less
shall be at least 90 per cent of rate specified.
Where a pavement or pavement overlay is to be placed in two or more layers,
deficiencies in the lower layer or layers shall be corrected in the succeeding
layers,and the thickness limit shall apply only to the total pavement thickness.
c) Coring or augering to verify thickness. Layer thickness shall be subject to
verification by coring or augering by the City or its testing consultant. For
verifying thickness of a new layer, a minimum of three thickness
measurements shall be taken plus one additional core for each full 300 sy of
pavement. Additional measurements shall be taken in deficient areas to
determine the limits of such areas. If thickness measurements are taken in a
spot that subsequently has been overlaid for correction or repair of other
defects, the overlay thickness shall not be counted in determining average
thickness of the layer.
In calculating the average thickness of core samples, measured thickness that
exceeds the specified thickness by 30.0 per cent or more, but by at least '/2
1-5
Asphaltic Concrete Resurfacing July 1999
inches shall not be included in the average. A thickness equal to the specified
thickness plus 1/2 30.0 per cent, whichever is greater, shall be substituted for
the measured thickness of such samples.
d) Correcting deficient thickness. When it is determined that an area is deficient
in thickness on the basis of the rate of spread, the core thickness, or single-
point thickness, the contractor shall correct the deficient area,within the limits
determined by the City, by removing and repaving the deficient area or by
overlaying it. If removal of a deficient layer is required the removed material
shall not be counted for payment.
An overlay to correct deficient thickness shall be subject to the minimum
thickness provision below. The quantity of the deficient layer (within the
limits of deficiency determined by the City) and the quantity of corrective
overlay shall be added together. The quantity by which the combined layers
exceed the specified thickness shall be paid for as overrun, at the rates
prescribed under"Measurement for payment".
e) Minimum thickness. The minimum spot thickness (i.e., the thickness at any
spot in the work) shall be 75 per cent of the specified thickness. When an area
of deficient thickness is to be corrected by overlaying, the minimum spot
thickness shall be 1.5 times the nominal maximum particle size of the mixture.
f) High spots and oversize particles. The Contractor may recommend that the
City increase the rate of spread, subject to approval, if the pavement surface is
uneven as to cause the course particles to be crushed or dragged or if there are
open voids. The Contractor shall first verify that the aggregate in the mix
meets the upper limit for particle size established for that mix type. If the
mixture is found to contain oversize particles the Contractor shall remedy this
condition by one or more of the following measures: (1) Adding a scalping
screen or using a finer one, (2) setting aside the stockpile material containing
the oversize particles, or (3) proposing another mix design. The City may
substitute a mix of a different type for the specified mix, subject to approval.
The Contractor shall correct defects in the work caused by the oversize
particles by removal and replacement, as directed by the City.
1.9 Acceptance of compaction.
Density testing requirements shall not apply to open-graded mixes. The City may test
other mixtures for compaction at its discretion.
The work shall be accepted for compaction on the basis of visual inspection and density
tests. The work shall be acceptable on visual inspection when, in the judgment of the
City, it has been compacted effectively, according to these specifications, and by methods
approved by the City. When the City determines by visual inspection that a part of the
1-6
Asphaltic Concrete Resurfacing July 1999
work may be deficient in compaction, such area or areas as the City may identify shall be
tested and accepted or rejected on the basis of density testing.
An area shall be acceptable on the basis of density testing when the average compacted
density, as determined according to FDOT methods FM 1-T 166 (core samples) or FM 1-
T 238 (nuclear density), is at least 94.5 per cent of the laboratory density, and when the
standard deviation of the test densities does not exceed 3.40 lbs/cu.ft.
A licensed testing consultant engaged by the City shall perform compaction testing. The
City shall bear the expense of all tests in which passing results are obtained. The
Contractor shall bear the expense of testing any work which fails to meet the compaction
requirements.
Compacted density shall be determined from the average of the least ten nuclear density
tests or ten core samples. However, if all of the first three core samples are found to have
at least 96.0 per cent of laboratory density, the area shall be acceptable for compaction
without further coring. All results of valid tests in the area tested shall be included in the
average. Density tests shall be taken at points more than 10 feet apart and at least 4
inches or three times the specified layer thickness whichever is greater, from the edge of
pavement or from a joint.
The Contractor shall, in addition, take steps to ensure that all areas, especially the areas
along longitudinal joints, are full compacted. The City may require changes in the
laydown and compaction process when compaction is found to be deficient.
The Contractor shall correct areas found deficient in compacted density by removing and
replacing the rejected area. The rejected area shall include the full paving width laterally
and at least 50 ft longitudinally. If the rejected area was placed by hand,the entire area of
hand work shall be removed and replaced. The corrected pavement shall be subject to the
above acceptance requirements.
Both the Contractor and the City may have the laboratory density verified by test method
FM 5-511. If the densities of samples of the mixture produced are found to differ
materially from the density obtained in the design study, the average Marshall density of
three production samples shall be determined and shall become the revised laboratory
density for the purpose of compaction testing.
1.10 Equipment
a) Malfunctions. The Contractor shall maintain all equipment in proper working
order and shall promptly replace or repair any disabled machine which no
longer meets the requirements of these specifications. When a malfunction of
the automatic paver controls, screed controls, or auger-conveyor control
occurs during paving, the Contractor shall immediately cease production and
delivery of material to the project until the paver is repaired or replaced with
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Asphaltic Concrete Resurfacing July 1999
an approved machine. The Contractor may elect to continue to place material
which is already in transit to the site at the time of the malfunction, using
manual control. Such material shall be subject to all requirements herein
regarding thickness, smoothness, density, and quantity overrun.
b) Paving machines. The Contractor's paving machines shall meet the
requirements of sub-article 320-6.1 of the FDOT Specifications.
c) Screed width. Before the work begins, the City will specify the fixed paving
width to be maintained on each pass of the paving machine, except where the
area to be paved varies in width, the screed width shall not be readjusted after
being set. The Contractor shall maintain the prescribed width of the paving
pass except where the City expressly directs a change of width. Material
placed outside the prescribed width shall not be counted for payment but shall
be deducted from the pay quantity as waste.
d) Compacting equipment. Before each day's work may begin, the Contractor
shall have at least two steel-wheeled rollers and one pneumatic-tired roller at
the work site, fueled and ready, and in proper working order. Exception:
when the length of the area to be paved is less than one mile, only one steel-
wheeled roller and one pneumatic-tired roller shall be required. The
Contractor shall provide a supply of water which shall be readily accessible to
the rollers and shall ensure that the compaction process is never delayed by
the need to refill with water. Rollers shall have a minimum mass of at least
• four metric tons. Maximum mass, tire pressure and wheel width of the rollers
shall be at the discretion of the Contractor, except that the Contractor shall not
continue to compact the pavement using equipment or methods which fracture
the larger particles of the mix.
e) Compacting areas less than 4 feet wide. If needed for use in areas inaccessible
to large rollers, a vibratory compactor or hand-guided roller shall be kept on
hand during paving operations. Other methods and equipment may be used
subject to the approval of the City.
f) Pressure distributor. Bituminous Tack Coat shall be applied by means of a
pressure distributor equipped with metering devices capable of applying the
material at a controlled, uniform rate for the full paving width. Nozzle
orifices shall be appropriate for the specified rate of application and shall be
kept open and free of clogs and accumulated material. Spray bar height shall
be adjusted as necessary to maintain the correct spray pattern overlap. The
distributor shall be equipped with a working heating system and internal
thermometer and with an accurate gauge for measuring the contents of the
tank.
1.11 Construction
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Asphaltic Concrete Resurfacing July 1999
a) Scope: The Contractor shall deliver and pave asphaltic concrete wearing and
leveling courses upon existing City streets where directed by the Department of
Public Works.
1. The leveling course and wearing surface for the road shall be
Florida DOT Type 5-III asphaltic concrete conforming to the
requirements of these specifications. There shall not be any required
minimum thickness for a leveling course. The asphaltic concrete
compacted shall be applied at temperatures between 270 F to 350 F.
Heating within these limits shall be constant, and wide fluctuations of
temperature during a day's production will not be permitted.
2. Notification and inspection. All work is to be performed under the
supervision of City inspection personnel, and material quantities and
traffic control items shall be reported to the inspector as they are
included in the work. The inspector shall be afforded opportunity to ,
observe and verify all quantities.
No later than noon of the preceding work day, the Contractor shall
notify the City of the day and time when work is scheduled, and paving
operations shall not commence until approval is given at the site by the
City's representative. Commencement of paving shall be contingent
upon the City's approval of: (1) the condition of the surface to be paved,
(2)the paving plan, (3) the traffic control plan and deployment of traffic
controls, and (4) the Contractor's equipment at the site, as specified
under"Equipment" above. The Contractor's paving plan shall describe,
either orally or on paper, as the City may require, the sequence, width,
and direction of paving pass, how irregular areas are to be paved, the
routes by which the trucks delivering material are to enter and leave the
site, and the rolling pattern.
When the area to be paved is a base layer or prepared subgrade, the
Contractor shall allow sufficient time in scheduling the paving operation
for such areas to be inspected for grade and alignment,tested for density,
and primed, as may be required under the Contract.
b) Preparation Work: The Contractor shall prepare the roads to be resurfaced by
removing grass, weeds and other vegetation from the edges of the existing
roads. The Contractor shall also apply a herbicide such as Round Up at least
one week prior to paving to eliminate all vegetative growth in the existing
asphalt. Chemical treatment is specified in Section 3D. The Contractor shall
broom the street to be paved after the vegetation has been removed. Herbicide
shall be applied afterward. T: mehlt ave edges shall be cleared and removed
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Asphaltic Concrete Resurfacing July 1999
exposing full pavement width. Patching may be required (See Section 4,
Patching).
c) Tack Coat: Tack coat is required prior to application of the asphaltic concrete
wearing surface against existing asphalt or base course surface, an Emulsified
Asphalt, Grade RS-2 or EPR-1 Prime shall be used which meet the
requirements of Section 916-4 of the 1996 Florida DOT Standard
Specifications. The tack coat shall be applied uniformly with a pressure
distributor or by hand at the rate of 0.05 gallons per square yard and at a
e between 100 F and 150 F. The tack coat surface shall free
temperatur b a 1 be kept fr
from traffic until the subsequent layer of asphalt has been laid. Excessive
application of tack coat on the existing asphaltic surfaces will be eliminated
by the Contractor prior to paving the new leveling or wearing courses.
d) Limitation of Laying Operations: Bituminous materials shall be applied only
when the temperature of the air in the shade is above fifty degrees Fahrenheit
' STI"Fny bituminous mixture caught in transit by a sudden rain may be laid
_at the Contractor's risk. However, no work shall be started if local conditions
indicate that rain is imminent, and under no circumstances shall the mixture be
laid while rain is falling, or when there is standing water on the road surface.
When wind is blowing to such an extent that sand, dust, etc. are being
deposited on the surface being paved such that the bond between the existing
surface and new asphalt will be diminished, the new asphalt shall not be
spread on the surface.
e) Weather and surface conditions. The Contractor shall ensure that the surface
to be paved is dry and free of soil, debris, heavy oil spots, and other
contaminants. Paving operations shall not commence when the surface does
not meet these criteria, or when the air temperature is belo ; i •- a - ..
when the wind speed is in excess of 10 knots and the air temperature is below
Sees. Within these limits, the Contractor shall bear-the responsibility
for taking surface and weather conditions into account in conducting the
paving operation and for ensuring that the mix is applied and compacted
properly.
f) Continuous operation. The Contractor shall take all the necessary measures to
conduct the laydown operation as a continuous process at a uniform speed,
and it shall be the Contractor's responsibility to engage sufficient trucks and
to manage the supply of material so as to avoid interrupting the paving
operation. The contractor shall also control the paver speed to ensure that the
rate of placement does not exceed the rate of delivery of mix. The Contractor
shall avoid frequent changes in paver speed and shall check and adjust the
screed angle of attack after changing speed. When progress of the paver must
be delayed momentarily for traffic, hand work, or the like, the paver shall be
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Asphaltic Concrete Resurfacing July 1999
brought to a full stop and returned to its established speed; it shall not be made
to creep ahead.
Production shall not begin or continue without sufficient trucks to maintain a
queue of loaded trucks ahead of the paver. As a minimum, the Contractor
shall provide to the project: (a) at least seven trucks, plus one additional truck
for each full 3 miles of haul distance to the site, or (b) the number of trucks
required to pave one lane for the full length of the work, whichever is fewer.
If the progress of paving and rolling is delayed or interrupted repeatedly for
lack of material or trucks, the City will direct the Contractor to cease
operations until it has been shown to the City's satisfaction that a constant
supply of material will be maintained.
Whenever progress of the paver is interrupted due to a lack of material, the
Contractor shall promptly form a transverse joint behind the paver and dispose
of all cooled material. There shall be no waiting period after the last load on
hand has been discharged, and the rate of placement shall not be unduly
delayed. At least four truck loads shall be present at the site before the
laydown operation may commence at the start of the day and before the
operation may resume after a joint has been formed.
g) Collection and removal of waste material. The Contractor shall provide a
means to collect and remove discarded material from the site and shall be
responsible for leaving the road surface and adjoining land free of wasted or
spilled paving materials and other debris. The work shall be broomed
immediately after the paving operation, and the Contractor shall promptly
inspect the finished work, remove all waste and debris, and ensure that the
interests and safety of property owners and motorists are protected.
h) Spillage from trucks. Trucks which have delivered their loads shall not be
emptied or cleaned on the surface to be paved, and material spilled from trucks
after their loads have been discharged shall not be left to cool on the surface
before the paver arrives. The Contractor shall remove all such material as
waste. It is not to be incorporated in the work. This shall not apply to material
spilled as the truck is discharging into the hopper, which may be shoveled into
the hopper while it is hot.
i) Transverse joints. When a joint is to be formed, the material ahead of the screed
when the feed is stopped or the hopper runs empty shall not run out but shall be
removed and discarded. The paver shall be stopped before the head of material
is reduced, and a neat joint line shall be marked across the trailing edge of the
screed. Paper or sand shall be used as a bond-breaker in forming transverse
joints. Thickness of the layer shall be checked and adjusted as necessary before
the joint is rolled.
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Asphaltic Concrete Resurfacing July 1999
When a paving pass is to be started from a joint, the screed shall be supported
initially on wood laths or similar devices of uniform thickness, so as to closely
match the height of the previous work after rolling. The Contractor shall check
every transverse joint with a straightedge and correct it by hand as necessary
prior to compacting the hot side.
j) Steering references. On an initial pass, the paver shall be steered along a fixed
string line or other suitable reference line approved by the City, and a smooth
joint line shall be maintained by trimming, if necessary. In placing an adjoining
pass the paver shall be steered precisely parallel to the previous pass. The paver
operator shall control the paver from the joint side and shall utilize an index
pointer to follow the previous pass. When a variable screed is used, small
adjustments in paving width may be made when following a sharp curve; at other
tines, however, the regular paving width shall be maintained. Accurate steering
shall control the longitudinal joint.
k) Longitudinal joints. Longitudinal joints shall be butt joints, and the second pass
shall not lap over previously placed material. The edge of the screed shall not
ride on the previous pass so as to be partially supported by it, and no material
shall be left on the cold side of the joint which may cause the roller to "bridge,"
reducing pressure on the adjoining uncompacted material. The edge plate shall
be adjusted as necessary to prevent overspill of material onto the cold side of the
joint. Excess material along the joint shall be luted up, removed, and disposed
of; it shall not be broadcast over the mat.
1) The practice of"pinching in" a longitudinal joint by rolling the joint from the
cold side shall not be followed,but the roller shall lap across the joint slightly on
the first coverage. In placing and compacting material along a joint the
Contractor shall ensure that the paver screed and the rollers do not "bridge" on
the cold side.
m) Wherever possible, paving widths shall be selected to keep longitudinal joints
within the lines separating traffic lanes. When multiple lifts are placed,
longitudinal joints of successive layers shall be staggered laterally 6 inches left
and right of the lane line.
n) Avoiding hand placement. In all cases, including flares, tapers, and variable
width lanes, hand placement shall be avoided whenever machine placement is
practicable. When a flare or taper is to be placed in an area that is part of the
traffic lanes, it may be placed simultaneously with the adjoining lane. The
Contractor may place the flared or tapered section prior to placing the adjoining
full-width lane,trimming away the excess to a neat joint line. The material in the
area trimmed away shall be counted for payment,but it shall be removed and not
reapplied.
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Asphaltic Concrete Resurfacing July 1999
o) Compaction. The Contractor shall establish the rolling pattern for the project and
shall provide suitable rolling equipment and qualified operators. At least one
pneumatic-tired roller shall be used. The Contractor shall control the progress of
the paver to ensure that the rollers are able to complete the rolling operation
without falling behind or using excessive speed. If a roller is delayed for any
reason,the paving shall be immediately halted as long as necessary to ensure that
no mix is placed which cannot be rolled at the correct temperature. The
Contractor shall ensure that no part of the layer is rolled before it attains
sufficient stiffness to resist displacement and that the length of the roller patter is
kept short. No area shall be allowed to cool below 85 degrees Celsius (185
degrees F.) before it is first rolled. Successive rolling patterns shall overlap at
least fifty feet and the breakdown and finish rolling shall be coordinated and
shall overlap sufficiently to avoid stopping and reversing both rollers at the same
points.
Rollers shall not be operated at a greater speed than necessary to keep pace with
the paver, and rollers shall not be kept standing on the work. The Contractor
shall adjust the roller speed and make additional passes as necessary to avoid
stopping the rollers between rolling patterns. When it becomes necessary to park
a roller, it shall be removed from the work area; it shall be parked on the finished
pavement.
p) Miscellaneous areas. The area to be paved shall include such tie-ins and
transitions at intersections, crossings, and driveways as the City may require. As
a minimum, a sloping ramp extending or more from the edge of pavement shall
be formed. The City may require large transition areas, including additional
passes of the paving machine, to avoid abrupt grade changes and where special
site conditions are encountered. Wider areas such as cross-overs and turn lanes
normally shall be paved ahead of the main line and the edges shall be trimmed to
a neat line.
The City may require placement of a leveling course in areas it may designate,
prior to the surface layer. Such leveling courses shall be placed by the paving
machine, and quantities of material for leveling shall not be counted in
calculating the rate of spread but shall be paid as additional quantities at the same
contract price.
1.12 Measurement for payment°
a) Rates and Target Quantities. Before the start of each paving project, the City
shall notify the Contractor of the rate of spread at which the mixture is to be
placed and the application rate for bituminous tack coat. The rate of spread and
application rate of tack coat shall be prescribed individually for each area to be
paved or resurfaced. These rates shall apply in determining the Target Quantities
of the respective materials, as defined below.
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Asphaltic Concrete Resurfacing July 1999
b) Hot Mix Asphalt Pavement and Pavement Overlay. This work shall be
measured by the ton of mixture as recorded on the load tickets of all loads
delivered. The mass or weight of the mixture shall be determined and recorded
by means of an electronic weigh system with automatic ticket printout, meeting
the requirements of 320-2.1.2 of the FDOT Specifications. Load tickets shall
be delivered to the Inspector upon arrival of the load at the site
sP P site, or as soon as
the Inspector is available. Material to be counted for payment shall include all
quantities placed (or wasted at the direction of the City), except material
wasted for other reasons, rejected by the City, or returned to the plant.
c) Overrun of Mixture Quantity. All mixture to be counted for payment that
does not exceed 105 per cent of the Target Quantity shall be paid for at the full
contract price. Any quantity that exceeds 105 percent of the Target Quantity
shall be designated as overrun for payment purposes. The Target Quantity of
the mixture is defined as the product of the measured paved area times the
prescribed rate of spread,plus all additional amounts required in miscellaneous
areas or wasted at the direction of the City. Material designated as Overrun
and not exceeding 115 per cent of the Target quantity shall be paid for at a
reduced price of 80 percent of the contract unit price for the mix. Additional
overrun between 115 and 130 percent shall be paid at 60 percent of the contract
unit price, and any amount exceeding 130 percent of the Target quantity shall
not be counted for payment.
d) Bituminous Tack Coat. Excluding material used in rejected work, shall be paid
for at the contract unit price per unit volume. Quantities shall be measured by
weighing or dipping the distributor truck before and after each day's work or by
means of the tank gauge, at the option of the City. Standard temperature
corrections shall be applied, in accordance with article 300-8.7 of the FDOT
Specifications, to convert the volume of emulsion to equivalent volume at
standard temperature.
e) Overrun of Tack Coat Quantity. Overrun of bituminous tack coat shall not be
counted for payment. The quantity of bituminous tack coat applied shall be
within 85 percent to 130 percent of the Target Quantity, which is defined as the
area to be covered times the rate of application specified by the City. The pay
quantity shall be the actual amount applied but not exceeding the above upper
limit. When the rate applied is less that 85 percent or when the coat is applied
contains streaks of bare pavement, a second application shall be made to correct
the deficiency. When the first coverage exceeds 130 percent of the specified
quantity or when a second application is required, that quantity applied in
excess of 130 percent of the specified quantity shall be counted as overrun.
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Asphaltic Concrete Resurfacing July 1999
TECHNICAL SPECIFICATIONS
2.0 NONWOVEN POLYPROPYLENE FABRIC
2.1 Description:
This work is for the furnishing and installation of nonwoven polypropylene fabric for the
repair of roads. The use of this material is intended to provide added structure to the road
where base reconstruction is either not feasible or economically advantageous.
2.2 Materials:
Petromat fabric manufacturered by Amoco is specified for use. Equal products will be
considered by the City. Substitution of equal products is only with the approval from the
City.
2.3 Installation:
The installation shall be in accordance with the manufacturers specifications.
2.4 Basis of Payment
The payment for furnishing and installing the fabric shall be based upon square foot
installed
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Asphaltic Concrete Resurfacing July 1999
TECHNICAL SPECIFICATIONS
3.0 ASPHALT BASE COURSE STABILIZATION BY MEANS
OF COLD IN-PLACE RECYCLING
3.1 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.
3.2 Equipment:
•
In general, the Contractor shall utilize equipment specifically manufactured to
accomplish this wor k, 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.
•
3.3 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.
3.4 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.
3.5 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 1/2)
3-1
Asphaltic Concrete Resurfacing July 1999
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
material to the previous line and grade of the existing pavement. The City shall pay for
the services of a certified tes t ing laboratory ry to sample the existin g p avement 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 covers, 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.
3.6 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.
3.7 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
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Asphaltic Concrete Resurfacing July 1999
Contractor until satisfactory test results are received for the area of linear footage of
roadway mixed.
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Asphaltic Concrete Resurfacing July 1999
TECHNICAL SPECIFICATIONS
4.0 CHEMICAL TREATMENT
4.1 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.
4.2 Application
a) Contractor shall apply suitable chemicals for removal of all vegetation
growing in cracks, crevices and/or upon the surface of roads and road edges.
b) Contractor shall apply a sterilant to prevent growth of vegetation on road
surfaces and road edges.
c) Contractor shall be responsible to perform any additional treatments required
to maintain the specified areas optimum condition prior to paving to insure no
vegetation has been reestablished on road surfaces or road edges without any
additional charge to the City.
d) The area to be treated shall include road surfaces designated by the Contractor
and specified by the City. The Contractor shall take care to avoid spraying
chemicals on vegetation not specifically addressed by the order.
e) Contractor shall use only chemicals that are approved by the appropriate
Federal, State, or local agency for the intended purpose. In the event any
chemical is banned by a Federal, State, or local agency during the term of the
Contract or removed from production by the manufacturer, the Selected
Contractor shall continue work using other chemicals.
f) Contractor shall comply with the chemical manufacturers recommended
application quantities and procedures. Care shall also be taken to avoid
damage to lawns and shrubbery adjacent to the application area.
g) Any damage occurred during chemical treatment will be punctually reported
by the Contractor to the Inspector. The Inspector will determine what
corrective action is required and inform the Contractor. The Contractor will
punctually perform the required corrective action at the Contractor's expense.
4.3 Acceptance
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Asphaltic Concrete Resurfacing July 1999
The Contractor shall notify the City when treatment is to be performed. The City shall
inspect as work is being performed.
4.4 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.
4-2
•
Asphaltic Concrete Resurfacing July 1999
TECHNICAL SPECIFICATIONS
5.0 PATCHING
5.1 Description
This section specifies the repair or patching of asphalt pavement. Patching shall be
accomplished prior to asphalt overlays on areas where road failures, as deemed by the
City, requires patching. Areas to be patched will be identified by the City prior to street
resurfacing. Contractor shall remove and dispose of all asphalt and loose base from
repair area. Payment for patch repairs will be based upon the size of the patch.
5.2 Materials
Asphalt material. The material specifications shall meet FDOT Section 333
Standard Specifications for Road and Bridge Construction. Type S-3 asphalt shall be
used in patching deteriorated pavement. Asphalt concrete shall be a hot mixture of well-
graded, high quality aggregate and asphalt cement.
Base material. Limerock or coquina shell materials shall be used for base when
required.
Tack and Prime Coat. The material specifications for tack shall meet FDOT
Section 300 Standard Specifications for Road and Bridge Construction. All patches shall
have prime or tack applied prior to filling with asphalt.
5.3 Equipment
Power saw.
Tack distributor or hand sprayer.
Hand tools.
Vibratory compactor or roller.
5.4 Construction
a) Contractor shall saw cut all areas surrounding deteriorated pavement or
hole. Extend at least one foot into good pavement. The depth of the patch
shall be a minimum of 2 inches. In areas where the depth is greater than 3
inches, the Contractor may fill excavated area with base material up to
within 2 inches of the top of pavement and fill the remaining 2 inches with
asphalt. In no case, however, will less than 2" of base rock be installed in
the excavated hole. Make straight cuts with faces straight and vertical.
Excavated area shall be broomed or air sprayed clear of debris and dust.
The area shall be clean and dry.
5-1
Asphaltic Concrete Resurfacing July 1999
b) Where the pothole to be repaired is into a soil cement base, the contractor
shall clean all lose material as described above, but does not have to saw
cut to make a square or rectangular cut. The base repair shall be filled
with asphalt following those procedures as outlined below.
c) Spray or apply the clean surface with prime. If spray equipment is not
available, hand methods can be used. Spray tack onto vertical faces.
d) Fill excavated area with Type III asphalt. Asphalt shall only be applied at
temperatures no less than 185 degrees F. Enough mixture should be placed
into the patch area to ensure that, after compaction, the patch surface will
not be below (or above)that of the adjacent pavement. Use a string-line or
straightedge to help produce a smooth riding surface.
e) Contractor shall use a roller or vibratory compactor to compact the patch
area.
f) Clear away debris from around patch.
5.5 Acceptance
Patching operations will be inspected by the City. Contractor will repair
patched areas considered too rough for overlay. Patches found to be
inadequately prepared will be redone at Contractor's expense.
5.6 Basis of Payment
The basis of payment is per square foot of patched surface area.
5-2
c yy� DATE(MMIDONT)
• ACORDRT1 IA 81 .. 4/22/99
PRODUCER THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION
George H. Friedlander Co. ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE
PO Bon 2466 HOLDER.THIS CERTIFICATE DOES NOT AMEND,EXTEND OR
1566 Kanawha Blvd. E. ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW.
Charleston WV 25311 COMPANIES AFFORDING COVERAGE
FRIEDLANDER COMPANY COMPANY
Phone No. 304-357-4520 Fax No. 304-345-8724 A St. Paul Fire & Marine
NSURED
COMPANY
Ranger Construction Industries,Inc. B
4510 Glades Cut-Off Road COMPANY
Ft. Pierce,FL 34979 COMPANY
D
C0VEF3/iiGE3
THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE NSURED NAMED ABOVE FOR THE POLICY PERIOD
INDICATED,NOTWITHSTANDING ANY REQUIREMENT,TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS
CERTIFICATE MAY BE ISSUED OR MAY PERTAIN,THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO AU.THE TERMS,
EXCLUSIONS AND CONDITIONS OF SUCH POLICIES.LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS.
CO TYPE OF INSURANCE POLICY NUMBER POUCY EFFECTIVE POLICY EXPIRATION' LIMITS
LTR DATE(MMIOONY) DATE(MMIDDNY)
GENERAL LIABILITY GENERAL AGGREGATE _ S 2,000,000
A Z COMMERCIAL GENERAL LIABILITY 1101200665 04/01/99 04/01/00 PRODUcrs-COMWOPAGG $2,000,000
CLAIMS MADE E OCCUR PEiSONALBADV INJURY _S 1,000,000
OWNERS L CONTRACTORS PROT EACH OCCURRENCE 51,000,000
FIRE DAMAGE(Any one Ore) S 50,000
MEDEXP(Any one person) $ 5,000
AUTOMOBILE LIABILRY
COMBINED SINGLE LIMIT S 1,000,000
A X ANY AUTO 1101200665 04/01/99 04/01/00
ALL OWNED AUTOS BODILY INJURY
(SCHEDULED AUTOS (Per persai)
Z HIRED AUTOS
BODILY INJURY S
A
Z NON-OWNED AUTOS (Per accident)
PROPERTY DAMAGE s
GARAGE LIABLRY AUTO ONLY-EA ACCIDENT S
ANY AUTO OTHER THAN AUTO ONLY: •
EACH ACCIDENT S
AGGREGATE S
EXCESS LIABILITY EACH OCCURRENCE $5,000,000
A Z UMBRELLA FORM 1001201664 04/01/99 04/01/00 AGGREGATE $5,000,000
I OTHER THAN UMBRELLA FORM S
WORKERS COMPENSATION AND Z WC STAT 0TH
TORY LIMIU TS. ER
EMPLOYERS'LIABILITY
EL EACHACCIDEHT 51,000,000
A THEPROPRIETOw I INCL l 1WV11200845 04/01/99 04/01/00 E-DISEASE-POUCYUMIT S 1,000,000
PARTNERSIORECUTNE --_.-
OFFICERSARE: EXCLI El.DISEASE-EA EMPLOYEE 1 S 1,000,000
OTHER
� 1 �
DESCRIPTION OF OPERATIONSILOCATIONSNEHICLESBPECIAL ITEMS
Evidence of Insurance for Bidding Purposes
CERTIFICATE HOLi7E. ;CANCEL 1.AtlON
BLAND 01 SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE
City of Sebastian EXPIRATION DATE THEREOF,THE ISSUING COMPANY WILL ENDEAVOR TO MAIL
30 DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT.
1225 Main Street BUT FAILURE TO MAIL SUCH NOTICE SHALL IMPOSE NO OBLIGATION OR LIABILITY
Sebastian, FL 32958 OF ANY KIND UPON THE COMPANY,ITS AGENTS OR REPRESENTATIVES.
AUTHORIZED REPRESENTATIVE
1CORp25 S!:(1195a )7(Lissua41.,24■....11-10e4t-trtkprr----
I I 09/29/92 07:01 RANGER CONSTRUCTION - RANGER NORTH NO.oi4 Fe 1
'i■
mti .��1�, STATE OF FLORIDA
■�• ■r..V °i1 DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION' CONST INDUSTRY LICENSING BOARD
,� �� ( 904) 727-6530
` 7960 ARLINGTON EXPRESSWAY
SUITE 300
a JACKSONVILLE FL 32211-7467
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CORREA, MIGUEL GUILLEP 2
•
• RANGER CONS F UOTION INDUSTR I2S INC
P 0 BOX 15065
WEST PALM BCH FL 33416
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DETACH HERE
Acs 514 4 5 8 3 • . =,_�, '..' s `ATE O FLbRtDA , .;' ..• ,
DEPARTMENT OF BUSI.NESS:'ANNp PROFESSIONAL REGULATION •
CONST •.INDUSTRYF LICENSING_ BOARD
_`:DATE =' 'BATCH NUMBER' ' : - . '
05/28/1998 97903795 CG C01946
use GENERAL CONTRACTOR
k
•Naaed beo I S CERTIFIED •
OER2wat�daa: AUG 31, 2000
CORREA, MIGUEL GUILLERMO
RANGER CONSTRUCTION INDUSTRIES INC
P 0 BOX 15065
WEST PALM BCH FL 33416
LAWTON CHILES nrcc, A we ocn,un,.. ..., . R TC'NARfl T 1=LLRR>=1 I
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1 71%__ Ranger
Construction
Industries, Inc.
'lige APP. vast PALM 0£ACl1,ROPoOA
MAJOR CONSTRUCTION CONTRACTS
fSitev:ork, Grading,Roads. Pavipgl
1999 OWNER PROJECT AMOUNT
Olen Development Manatee Bay 837,253.20
Kolter Corporation The Reserve,Pod 26 164,998.50
101 Sansbury's Way at Southern Blvd., P.O. Box 15065, West Palm Beach, Florida 33416-5065, Telephone(561)793-9400 J
1998 (Continued),
Indian River Co. Frontage Road 144,385.00
N.P.B.C.I.D. Ballen Isles Lake 17 Sc. 18 221,135.00
Johnson Davis, Inc. Dillman Farms 476,206.00
City of Belle Glade Annual Resurfacing 150,000.00
Florida DOT Annual Push Button Contract 994,328.25
Fox Property Venture Fox Property Site Dev. 3,312,313.60
City Port St. Lucie Annual Resurfacing 529,020.00
Treasure Coast Plaza Treasure Coast Plaza 118,000.00
Olen Development Corp. Sanctuary Cove 303,437.65
Village of Royal Palm Beach Resurfacing 115,900.00
Pine Ridge Association Resurfacing 103,500.00
R. C. Boos/Felner Const. Lindsey Gardens 413,000,00
Homeland POA Various Road Resurf. 313,394.85
Russell Engineering DOT 93010-3503; SR 5 218,451.15
City of Riviera Beach '98 Resurfacing 120,880.00
City of Boynton Beach '98 Resurfacing 207,230.00
Titusville-Cocoa Airport Space Coast Runway 9-27 668,621.00
City of Vero Beach Vero Beach Airport 390,100.00
Transeastern Properties Smith Dairy Parcel "F" 311,674.77
F P & L St. Lucie Plant 160,000.00
Community Savanne J.V. The Preserve 1,626,011.64
Florida DOT SR 700 (US 98) 7,772,227.27
JUN. _.. 1' ';- .;:.'.' RANG=E: C_. ..-..._. _ P.
Florida DOT SR 91 (FL. Turnpike) 1,914,214.95
Guettler& Sons Flying"J"Truck Plaza 436,329.45
Kolter Corporation Comm. Ctr. Dr, The Reserve 332,746.85
JW. =. l'-- - - . -:.. c:..a.,::: _.. _: :: : _:: :::. _ .: P. S
1997- OWNER PROJECT AMOUNT
Florida DOT #91010-3505; SR-78 Okeechobee 649,317.96
City of Melbourne 1996/97 Resurfacing 226,063.05
City of W. Palm Beach Cumberland Dr. Milling/Resurface 316,440.90
Hines & Griffin Tartan Fields Golf Course 3,962,900.00
Okeechobee County 1996/97 Resurfacing 531,675.00
Florida DOT #70001-3503; SR-405 Brevard 2,686,968.01
Florida DOT #70150-3504; SR-46 Brevard 839,246,40
Palm Beach County 1997 Annual Milling Contract 205,549.20
Crown Golf Const. Boca Resort Golf Course 434,500.00
Russell Engineering #93020-3502;SR-5 (US-1) 600,255.96
Gordon Family Homes North Oaks 1,090,000.00
Florida DOT #92070-3500;SR-809 3,691,561.92
Palm Beach County Lantana Road/SR-7 . 978,561.53
Hubbard Const. DOT 93220-3440; 195 2,124,475.00
Florida D.O.T. #70225-3409; I-95,Brevard 1,554,143.52
Titusville Airport Auth. Merritt Island Rehab. 321,538.65
Andros Isle L.F. Andros Isle, Phase 1 1,631,465.85
C.R. Klewin, Inc. USDA Horticultural Lab 3,146,590.00
Crown Golf Governor's Club Golf Course 751,250.00
City of Okeechobee '97 Roadway Improvements 225,123.00
Palm Beach County Glades (Pahokee) Airport 998,352.01
Brevard County Dairy Road South Widening 8,841,612.41
ci
1997 (Continued),
St. Lucie County '97-98 Resurfacing 639,128.02
Palm Beach County SR-7 3,083,637.45
Murphy Construction DOT 70010-3529; Turkey Creek 706,643.84
United Civic Organization Century Village ci}WPB 817,000.00
Florida D.O.T. 70060-3538,etc. SR AlA 1,352,475.88
Florida D.O.T. 94010-3505, etc. SR 5(US #1) 2,068,299.41
Melbourne Airport Runway 9R-27L Improvement 4,106,916.90
Florida D.O.T. 70220-3433, etc. SR 9 (1-95) 9,793,045.80
Gilbert Southern DOT 89060-3522, SR 76 543,091.71
Craft Farms Cotton Creek Phase III 498,500.00
Whiting-Turner Contr. Arthur I. Meyer Jewish Academy 391,951.25
Sheltra& Sons AlA R/W Enhancement 568,472.50
N.P.B.C.I.D. East Access Road to This C`C 388,039.60
Martin County 1997-98 Annual Resurfacing 756,250.00
The Greens Companies Chelsea Commons Apts. 541,717.24
Palm Beach County 1997-98 Milling&Resurfacing 1,611,154.80
Dexter Development Corp. Ballentsles Pod 19A 174,627.85
Pan American Const. DOT 93070-3501; SR 809 769,303.50
The Douglas Company Oak Crest Senior Village 276,934.00
Florida DOT 91070-3525; SR 70 2,565,272.38
City West Palm Beach Shiloh Drive Mill/Resurface 206,266.20
Florida DOT 70006-3504; SR 407 2,275,565.19
e.
Florida DOT 70180-3506; SR 514 1,783,649.78
1996
Lakewood Ranch Comm. University Lakes 2,947,961.35
DeBartolo Prop_ Mg t. Indian River Mall Offsite 2,271,210.11
Florida DOT #70100-3573; SR-520 1,028,727.15
Syrian Temple Shriner's Oasis Golf Course 2,944,847,92
DeBartolo Prop. Memt. Indian River Mall Base 2,553,227.66
Florida DOT #70050-3543l3504;SR-500 4,263,509.49
G & S Contractors Poinciana Elementary School 279,503.75
City Palm Beach Gardens 1996 Resurfacing 210,581.25
Woodfield Partners Landings, Coventry, Yamato 245,805.00
3. Raymond&Assoc. Circuit City 228,000.00
Brevard County Malabar Road Improvements 3,769,864.18
Roma Construction Waterway Apts. (y.RiverBridge 559,500.00
City of Pahokee Resurfacing 225,000.00
City of Ft. Pierce 1996 CDBG St.Resurf. 204,875.25
Palm Beach County Jog Rd/B.B.Blvd.-Hypaluxo 3,865,203.15
St. Lucie County Edwards Rd. Improvements 3,688,813.90
Indian River County 26th Street Improvements 1,222,543.33
King Management Ser. Caloosa POA Resurface 368,658.20
St. Lucie County 1995/96 Resurfacing _ 701,313.00
Transeastern Properties Aberdeen Plat 27 &25 486,100.00
Florida DOT #70100-3569;SR-520 1,034,553.36
1996 (Continued),
Russell Engineering DOT #94005-3501;SR-615 292,998.85
Gordon Homes, Inc. Twin Lakes Subdivision 1,192,500.00
Royal Palm Properties Aberdeen Pod L,Plat 26 739,165.90
Palm Beach County Blue Heron Blvd. Improve. 2,687,308.50
Konovcr Const. Corp. Lake Pointe Center 656,830.95
Palm Beach County 1996/97 Annual Resurface 2,149,054.00
Martin County 1996/97 Annual Resurface 756,250.00
Florida DOT #70020-3530;SR-5 (US-1) 968,337.94
City of Palm Bay Foundation Park Blvd. 367,062.00
1995
E.Kent Halvorson Outlets @ Vero,Phase II 471,389.91
St. Lucie County S. 25th St, Culvert Replacement 532,407.25
Florida DOT #93130-3501; SR-15, PBC 1,898,320.36
Taylor Woodrow/Kenco Addison Reserve,Phase I 1,014,000.00
Morganti Florida, Inc. Sherbrooke Middle School 496,964.00
Morganti Florida, Inc. Roosevelt Middle School 391,700.00
Miller Construction Sensormatic Electronics 259,149.30
Atlantic States Material Overburden Excavation 510,000.00
Rolling Rock Club Rolling Rock Golf Course 1,715,564.50
Palm peach County PBlA! Inner Perimeter Road 270,253.60
Florida DOT 470140-3520; SR-3/SR-528 291,655.80
Palm Beach County PBIA; New Cargo Area 3215,
945.45
IL
,;11ii, - = - - :" RA`i l=F: :: . . . .. F. '
1995 (Continued),
Florida DOT
#93100-3500; SR-25 (US-27) 1,329,942.00
Palm Beach County Congress Ave., L-30 to L-1S 1,397,306.31
Palm Beach County Jog Road 1,083,432.40
Brevard County Johns Road Detention 303,148.00
NPBCWCD Ballenlsles Phase 4 3,809,682.49
Mariner Village PUD Mariner Village Tract III 785,148.50
Florida DOT #92030-3549; SR-500 (US-192) 749,618.40
Florida DOT #92070-3510; SR-60/Osceola 2,836,029.30
Florida DOT #88010-3524; SR-5 (US #1) 489,342.77
Balfour Beatty Contr. High School"HHH"Royal Palm 1,678,000.00
Mycon Corporation FAU Student Apt. Facility 175,793.00
St. Lucie County 1995 Annual Resurfacing 756,944.59
Brevard County Minton Road 4,453,739.07
Solo Construction Corp. West County Jail 155,910.40
Florida DOT #70023-3507; SR-507 927,649.06
Weitz Company US Nature Culture Center 740,644.50
Dexter Development Ballenlsle,Parcel 29 326,417.45
PBC Solid Waste Auth. Util. Reloc/Perimeter R/W 1,611,600.00
Russell Trucking, Inc. Mira Flores @ MacArthur Park 472,929.40
M. J. Anderson W. Palm Beach Amphitheater 1,512,063.25
Phillips &; Jordan Casino Magic Golf Course 2,073,030.00
Russell Trucking, Inc. Northcorp,Phase II 365,489.50
I
_
JUN. lei_ ..!.. i.... ,_.. : _ .. _ F. i
1
1995 (Continued),
Town.of Jupiter Old Jupiter Beach Road 530,749.50
DeBartolo Prop. Mgn. Indian River Mall 3,743,625.00
NPBCWCD BallenIsle, Phase 5 1,075,813.15
Martin County `95/96 Annual Resurfacing 756,250.00
NPr3C W C D BallenIsle,Phase 6 1,545,271.80
Palm Beach County `95/96 Annual Resurfacing 2,050,958.50
Palm Beach County Jog Rd./Lake Worth-Forest Hill 1,375,085.90
City of Palm Bay '95/96 Annual Resurfacing 9,634,200.00
West Construction Lantana Sports Complex 282,144.90
1994
Martin County '93-94 Bridge Maintenance 1.18,174.00
Palm Beach Comm. College Parking Lot&N. Access Road 795,000.00
Hendrix &Dale Devou Park Golf Course 285,000.00
Woodfield Partners Ltd. Woodfield Country Club 1,370,160.45
Palm Beach County 60th Street Improvements 605,946.05
Johnson Davis, Inc. Woodbine, Phase I 443,579.60
Murphy Construction DOT#93140-3513; SR-700 127,793.80
Florida DOT #93160-3520; US-27 9,436,506.34
Florida DOT #93130-3502; SR-15 945,001.18
E. Kent Halvorson Outlets a Vero Beach 1,881,099.15
Lennar Homes, Inc. Kings Isle 147,200.40
St. Andrews Country Club St. Andrews 9 Hole Restor. 1,790,168.25
L
jn. 215. - :i i, 11
1994(Continued),
Lawrence Oaks-Oriole Lawrence Oaks 398,802.50
Palm Beach County Belvedere; Military-Congress 957,694.29
Quail Ridge P.O.A. Resurfacing 458,280.25
St. Lucie County Becker Road 212,050.05
Okeechobee County `94/95 Resurfacing 280,030.00
City West Palm Beach Village Blvd. Reconst. 179,446.15
Florida DOT #93120-3500; SR-80 1,974,777.73
City of Ft. Pierce 1994 Resurfacing 591,819.80
Fox Trail P.O.A. Resurfacing 222,738.00
City West Palm Beach Resurfacing 176,367.12
Florida DOT #94010-2901;SR-5/SR-68 222,304.00
Florida DOT #93040-3504;PGA Blvd. 659,153.65
Andras Engineering Wal-Mart; Sebastian 182,338.25
•
City Palm Bay `94-97 Resurfacing 8,767,000.00
Weitz Company System 3 Water Treat Plant 128,000.00
Brevard Co. Bd. Co. Comm. Valkaria Aiiport 707,340.50
Florida DOT #70050-3541/92030-3544 2,397,702.71
(US-192)
Florida DOT #94001-3403; I-95 4,696,489.94
Bechtel Const. Company Osceola Co-Generation Plant 185,955.00
Miller& Solomon Hibiscus II Be The Sea 136,170.50
Palm Beach County Paddock Park#1 502,785.11
Srunmerfield Stuart Ptns. Summerfield G/C, Ph I-B 254,130.45
JUN. F.. 12
1994 (Continued),
City Port St. Lucie `94/95 Resurfacing 435,240.00
Indian River County CR-510/A-1-A Intersection 782,466.25
Florida DOT #95140-3501; SR-520 3,852,535.71
Palm Beach County `94/95 Annual Resurfacing 1,999,467.00
Colean &Mallonee Winding Creek Subdivision 737,674.30
GLK Const. Corporation St. Lucie Middle School"CC" 398,000.00
Indian River Comm. College IRCC/Annex/NSLRWCD#8 267,412.00
Schnickendanz Enterprises Live Oak Plantation 145,050.10
Florida DOT #70140-3519; SR-3 Brevard 1,192,757.90
Palm Beach County Belvedere Rd., SR-7 to Jog 9,995,485.24
Florida DOT 489060-3511/6511; SR-76 6,557,985.78
1993
Florida DOT #93111-3512; SR-S0 (US-441) 1,962,501
County Sanitation County Sanitation; Tall Pines 380,825
Florida DOT #94120-3501; SR-716, St. Lucie 6,648,054
Solid Waste Authority Fairgrounds Road Improvements 340,683
Vratsinas Const. Okee Square 150,000
Palm Beach County Lantana Rd/Jog to Military 847,512
Breakers West Dev. Cypress Isle Golf Course 226,533
Palm Beach County Congress/Boynton Beach Blvd. 392,672
GBS Excavating SR A-1-A; Sewall's Point 192,611
Florida DOT 493906-9105; 1-95 &PGA Blvd. 229,784
City Of Sebastian Procurement And
Contract Administration
(A DI�ISION OF THE OFFICE OF THE CITY MANAGER)
1225 MAIN STREET-SEBASTLkN. FLORIDA 32958
TELEPHONE (561)388-8241 FAX(561-581-0149
ADDENDUM #1
CITY OF SEBASTIAN RE-BID
Asphaltic Concrete Resurfacing
DATE: August 25, 1999
TO: All Bidders
This Addendum is an integral part of the bid package under consideration
by you as a Bidder. The City of Sebastian deems all sealed bids to have been
proffered in recognition of the entire bid package - including all issued addenda.
This Addendum is being sent to you via "certified mail return receipt requested," in
addition a copy is being "faxed" to you. Should you have any question pertaining
to this Addendum please contact me at the above address and/or phone number.
This Addendum is two (2) pages including this page. Advise me at once if you don't
receive all pages.
PLEASE BE ADVISED THAT THE BID OPENING IS HEREBY
CHANGED TO, WEDNESDAY, SEPTEMBER 1, 1999, @ 2:00 P.M.
Paul Wagner, Puri asing & Contract Administrator/
Asst. to City Manager
Asphaltic Concrete Resurfacing August 1999
Re-Bid Addendum #1
TECHNICAL SPECIFICATIONS
2.0 NONWOVEN POLYPROPYLENE FABRIC
2.1 Description:
This work is for the furnishing and installation of nonwoven polypropylene fabric for the
repair of roads. The use of this material is intended to provide added structure to the road
where base reconstruction is either not feasible or economically advantageous.
2.2 Materials:
Petromat 4599,fabric manufacturered by Amoco or an approved equal product is
specified for use. Equal products will be considered by the City. Substitution of equal
products is only with the approval from the City.
2.3 Installation:
The installation shall be in accordance with the manufacturers specifications.
2.4 Basis of Payment
The payment for furnishing and installing the fabric shall be based upon square foot
installed
Key:
Underlined: Inserted language
Strikethrough: Deleted language
2-1