HomeMy WebLinkAboutItem #05 Award of Bid #B13-06 Asphal Paving Projects for FY 201311Wk5Y %/�
OCO(
Florida
AGENDA ITEM COVER SHEET
Meeting Date: June 4, 2013
Item # ' )
Reviewed By:
Contact Name: Joyce Tolbert Department Director:
Contact Number: 1516 City Manager:
Subject: Award of B13 -06 Asphalt Paving Projects for FY 2013 (District 4: Keller)
Background Summary:
The City of Ocoee, Florida (City) solicited bids from qualified contractors to furnish labor, supervision, materials,
equipment, supplies and incidentals for the asphalt paving projects for fiscal year 2013 for roads within Forest
Oaks Subdivision (Hager Dr., Rich Dr., Prairie Lake Dr., Withers Ct., and Ison Ln.) and Sawmill Subdivision
(Canyon Trail Ln, Cross Cut Ct., and Hornlake Circle); in the City of Ocoee. The construction generally consists
of an asphalt stabilized base course from a mixture of the existing bituminous concrete pavement and existing base
course material. In addition, the contractor shall furnish and install asphalt pavement on the recycled road base.
All work on this contract shall confonn to the applicable technical specifications of Florida Department of
Transportation (FDOT) "Standard Specifications for Road and Bridge Construction" Latest Edition, and
"Roadway and Traffic Design Standards" Latest Edition including any amendments thereto.
The bid was publicly advertised on April 14, 2013, and opened on May 9, 2013. There was a total of five (5) bids
received ranging from $167,808.13 to $236,172.45. All bids are available in the Finance Department for review.
The Public Works and Finance Departments reviewed all bids received and all were considered responsive. Staff
recommends awarding the bid to Empower Construction Inc. for $167,808.13 as the most responsive and
responsible bidder, per the attached recommendation from Steve Krug, Public Works Director. Empower
Construction's bid is $72,191.87 lower than the Engineer's estimate of $240,000.00.
The table below is a listing of the bids received.
Issue
Bidder
Total Bid
1.
Empower Construction Inc.
$ 167,808.13
2.
The Middlesex Corporation
$ 171,186.40
3.
APAC — Southeast Inc.
$ 182,682.50
4.
Ranger Construction Industries Inc.
$ 211,301.25
5.
Hubbard Construction
$ 236,172.45
Issue
Should the City Commission award the bid for Asphalt Paving Projects for FY 2013 to Empower Construction Inc.,
as recommended by the Public Works Director?
Recommendations:
Staff recommends that the City Commission award Bid #1313 -06 Asphalt Paving Projects for FY 2013 project to
Empower Construction Inc. in the amount of $167,808.13 and authorize the Mayor, City Clerk, and Staff to
execute the required contract documents once the required bonds and insurance are received. Staff also
recommends that the City Manager be authorized to approve change orders to this contract up to the limit of his
purchasing authority for each change order, and up to the budgeted amount for this project for all change orders.
Attachments:
1. Bid Tabulation
2. Award Recommendation from Public Works Dept.
3. Empower Construction Bid
4. Invitation to Bid #1313 -06
5. Plan sheets CI — C5
Financial Impact:
There is $240,000 available in this fiscal year's budget for this project.
Type of Item: (please mark with an x')
Public Hearing
Ordinance First Reading
Ordinance Second Reading
Resolution
X Commission Approval
Discussion & Direction
For Clerk's Dept Use:
Consent Agenda
Public Hearing
Regular Agenda
Original Document /Contract Attached for Execution by City Clerk
X Original Document /Contract Held by Department for Execution
Reviewed by City Attorney
Reviewed by Finance Dept.
Reviewed by ( )
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Mayor
S. Scott Vandergrift
City Manager
Robert Frank
t%/�
Ocoee
Florida
MEMORANDUM
Date:
May 16, 2013
To:
Joyce Tolbert, Purchasing Agent
From:
Stephen C. Krug, Public Works Director
RE:
Contract Award Recommendation.
Commissioners
John Grogan, District 1
Rosemary Wilsen, District 2
Rusty Johnson, District 3
Joel F. Keller, District 4
Public Works recommends award of the Asphalt Paving Projects for Fiscal Year 2013, Bid No. B13-
06, to the lowest responsive bidder, Empower Construction, Inc., of Auburndale, Florida, in the
amount of $167,808.13. The City received bids from five contractors with the low bid being below the
Engineer's estimate of $240,000.00. The Contractor has been in business since 1996 and maintains a
FDOT contractors prequalification for Flexible Paving and Hot Plant -Mixed Bituminous. Empower
Construction does not have their own asphalt plant, however Public Works verified they will be using
asphalt supplied by a FDOT certified plant. Public Works contacted other municipalities in Central
Florida to confirm Empower Construction has successfully completed projects of similar size and
scope. This project is adequately funded in the General Fund Capital Improvement Program.
The roads included in this project in the Forest Oaks Subdivision are Hager Dr., Rich Dr., Prairie Lake
Dr., Withers Ct. and Ison Ln. The roads in the Sawmill Subdivision are Canyon Trail Ln., Cross Cut
Ct., and Hornlake Circle. The scope includes milling the existing asphalt off and installing a 1" lift of
new asphalt. Temporary and thermoplastic final striping are included.
City of Ocoee Public Works • 301 Maguire Road • Ocoee, Florida 34761
phone: (407) 905 -3170 • fax: (407) 905 -3176 • www.ocoee.org
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May. 1, 2013 MUM Emuower COnstfuct'On No. 2044 P.
Empower Construction, Inc.
KNOW ALL MEN BY THESE PRESENTS, that we, the undersigned, Em p
I as Principal, and Bankers Insurance Company
as Surety, are hereby held and firmly bound unto the City of Ocoee,
Florida, as Owner, in the penal sum of, (5 percent of the Contract Bid) $ s o of Bid amount
Twelve Thousand Five Hundred Dollars no /100ths
(written amount in dollars and cents)
for the payment of which, well and truly to be made, we hereby jointly and severally bind
ourselves, successors and assigns.
Signed, this 6th day of May 2 i The Condition of the
above obligation is such that whereas the Principal has submitted to the City of Ocoee, Florida a
certain Bid, attached hereto and hereby made a part hereof to enter into a contract in writing, for
the B13-06 Asphalt Paving Projects for FY 2013 (Project).
NOW THEREFORE
Bidder and Surety, jointly and severally, bind themselves, their heirs, executors,
adu inistrators, successors and assigns to pay to Owner upon default of Bidder any
damages, costs, or expenses, including attorney's fees, incurred by Owner than axe
proximately caused by such default. In uo event shall Bidder's and Surety's obligation
hereunder exceed the penal sum set forth on the face of this Bond.
2. Default of Bidder shall occur upon the failure of Bidder to deliver within the time
required by the Bidding Documents (or any extension thereof agreed to in writing by
Owner) the executed Agreement required by the Bidding Documents and any
performance and payment bonds required by the Bidding Documents and Contract
Documents.
B13 -06 Asphalt Paving Projects 32
May. 7. 2013 2;58PM Empower Construction No, 2044 P. 3
3. This obligation shall be mull and void if:
3.1 Owner accepts Bidder's bid and Bidder delivers within the time required by the
Bidding Documents (or any extension thereof agreed to iaa writing by Owner) the
executed Agreement required by the Bidding Documents and any performance
and payment bonds required by the Bidding Documents and Contract Documents,
or
3.2 All bids are rejected by Owner, or
3.3 Owner fails to issue a Notice of Intent to Award to Bidder within ninety (90) days
from the time and date fixed for the ope of Bids (or any extension thereof
agreed to in writing by Bidder and, if applicable, consented to by Surety when
required by paragraph S hereof).
4. Payment under this Bond will be due and payable upon default by Bidder and within 30
calendar days after receipt by Bidder and Surety of written notice of default from Owaez,
which notice will be given with reasonable promptness, identifying this Bond and the
project and including a statement of the amount due.
5. Surety waives notice of and any and all defenses based on or arising out of any time
extension to issue notice of award agreed to in writing by Owner and Bidder, provided
that the total time for issuing notice of award including extensions shall not in the
aggregate exceed 120 days from Bid Due Date without Surety's written consent
6. No suit or action shall be commenced under this bond prior to 30 calendar days after the
notice of default required in paragraph 4 above is received by Bidder and Surety and in
no case later than one year after Bid Due pate.
Any suit or action under this Bond shall be commenced only in a court of competent
jurisdiction located in the state in which the Project is located.
t. Notices required hereunder skull be is writing and sent to Bidder and Surety at their
respective addresses shown on the face of this Bond. Such notices may be sent by
personal delivery, commercial courier or by United States Registered or Certified Mau,
reuum receipt requested, postage pre -paid, and shall be deemed to be effective upon
receipt by the party concerned.
Surety shall cause to be attached to thi Bond, a current and effective Power of Attorney
evidencing the authority of the officer, agent or representative who executed this Bond one
behalf of Surety to execute, seal and deliver such Bond and bind the Surety thereby.
10. This Bond is intended to conform to all applicable statutory requirements. Any
applicable requirement of any applicable statute that has been omitted from this Bond
shall be deemed to be included herein as if set forth at length, If any provision of this
Bond conflicts with any applicable provision of any applicable statute, then the provision
33
1313 -06 Asphalt Paving Ptrojects
Mav• 7, 2413 2.58PM Empower Conslrucfian No,204
If Bidder is CO" complete this signature bl ock.
(Corporation Name) (Witness)
(
(State of Incorporation)
(Witness)
ay:
M a ak&&�g
(Name of Penon Authorized to Sign - See Note 1) (S AL )
Gf\1 I
(Authorized gnature)
'.
(Corporation sident)
(Business Address)
0 - 9
Telephone No. Florida License No.
36
B13 -06 Asphalt Pam Projects
May. 7. 2013 2:59PM Empower Construction
7 T�'
No, 2044 P. 6
904- 292 -0803
(Telephone No.)
3219205
(B ond No
NOTES:
(1) Complete and attach "Corporate Authority to Execute DOCUmeAts" if executed by any corporate
employee other than president or vice- president.
(2) Complete and attach. a certified copy of "k'ower - Attorney" prepared by Surety appointing
individual "Attorney -in- Fact" for execution of Bid Bond on behalf of Surety and corresponding
notarized "Attorney - in - Fact".
(3) Above addresses are to be used for giving required notim shall be considered plural where
(4) Any singular reference to Bidder, Surety, Owner or other party p
applicable.
(5) 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 where the project is
located.
B13 -06 Asphalt Parting Projects
37
Witness: (If agency is not a Corporation)
i
Bankers Insurance Company
(1) i
�(W
(Surety Business Name)
itness),!1
11101 Roosvelt Blvd N. St. Petersburg
f Lr
F1 33716(Pr1nClpalPlaCeofBusinM)
/
(�ItneSS)
Attest. ( Agency is a CoTPOra"U01
(Su ety Agent's SignatLe - See Note 2)
Carol A Hopson
Co orate Secretary
(Surety Agent's Name)
Attorney -in -Fact
(Corporate Secretary Name)
(Surety Agent's Title)
3491 Pall Mall Drive Suite 204
(Corporate Sell)
(Business Nance of Local Agent for Surety)
Jacksonville Florida 32257
(Business Address)
904- 292 -0803
(Telephone No.)
3219205
(B ond No
NOTES:
(1) Complete and attach "Corporate Authority to Execute DOCUmeAts" if executed by any corporate
employee other than president or vice- president.
(2) Complete and attach. a certified copy of "k'ower - Attorney" prepared by Surety appointing
individual "Attorney -in- Fact" for execution of Bid Bond on behalf of Surety and corresponding
notarized "Attorney - in - Fact".
(3) Above addresses are to be used for giving required notim shall be considered plural where
(4) Any singular reference to Bidder, Surety, Owner or other party p
applicable.
(5) 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 where the project is
located.
B13 -06 Asphalt Parting Projects
37
May. 7, 2013 2 :58PM Empower Construction
ATTORNEY-IN -FACT AFFIDAVIT
STATE OR COMMONWEALTH OF FIQLida )
COUNTY OR CITY OF Jacksonvi 1 1 P )
No. 2044 P. 5
Before me, a Notary .Public, personally came Carol A. Hopson known to me, and
Imown to be the Attorney -in -Fact of g� >- r „r a Florida
Corporation, which (Surety Company) (State)
executed the attached bond as surety, who deposed and said that his signature and the corporate seal
of said
were affixed by order and authority of said Company's Board of
Directors, ure�ty pany)
and that the execution of the attached bond is the free act and deed of Bankers insurance Co.
(Surety Company)
Given under my hand and seal this 6th day of Mai' , 20 1�
(Notary Public)
My Commission Expires 5-4 -2014 E AW��
LN!o Public state or Florida
C Royall
mission EE 882477
END OF SECTION 05 /0412077
B13 - 06 Asphalt Paving Projects 38
Power of Attorney ':% A t' Iii
Bankers Insurance Company
KNOW ALL MEN BY THESE PRESENTS, that BANKERS INSURANCE COMPANY, a corporation duly
organized under the laws of the State of Florida, and having its principal office in the City of St. Petersburg,
Pinellas County, Florida, does hereby nominate, constitute and appoint:
Carol A. Hopson
of the Cit y of _Ja __ Duval County, State of Flo _ _ , its true
and lawful Attorney -in -fact, with full power and authority hereby conferred upon him /her to make, execute, seal
and deliver for and on its behalf, as Surety, as its act and deed, any and all bonds, undertakings consent or
Agreement not exceeding the sum of Th Million and x / 1 0 0 dollar --- ------------ --- - - ------------ ----- - - - - -- $3,000,000.00
which this Company may be authorized to write.
This Power of Attorney is granted and is signed and sealed under and by the authority of the following
resolutions adopted by the Board of Directors of Bankers Insurance Company, and now in force to -wit:
BE IT RESOLVED, that the Chairman of the Board, President and any Vice President of the Corporation are hereby
authorized to execute Powers of Attorney, qualifying the Attorney(s) -in -Fact named in the Powers of Attorney to execute,
on behalf of the Corporation, bonds, undertakings and contracts of suretyship; and that the Secretary or any Assistant
Secretary of the Corporation are hereby authorized to attest the execution of any such Power of Attorney.
BE IT FURTHER RESOLVED, that the signatures of such officers may be affixed to any such Power of Attorney or to
any certificate relating thereto by facsimile, any and such Power of Attorney or certificate bearing such facsimile
signatures shall be valid and binding upon the corporation when so affixed in the future with respect to any bond,
undertaking or contract of suretyship to which it is attached.
IN WITNESS WHEREOF, Bankers Insurance Company has caused these presents to be executed by their duly
authorized officers as of this 1 day of July, 2010
ATTEST:
Nancy �Hair Ass istant Secretary
BANKER URANCE COMPANY
Y
Wilbur L. Martin, IV, President
STATE OF FLORIDA )
COUNTY OF PINELLAS )
The foregoing instrument was acknowledged before me 1 day of July, 2010 by David K Meehan and Nancy C, Haire, as
President and Assistant Secretary, respectively, of Bankers Insurance Company, a Florida corporation, on behalf of the corporation.
�s� II.M.e7t ► i I �,�C.XJ
(NOTARY PUBLIC)
I, the undersigned, Assistant Secretary of Bankers Insurance Company do hereby certify that the original Power of Attorney, of which the
foregoing is a full, true and correct copy, is in full force and effect.
IN WITNESS WHEREOF, I have hereunto subscribed my name as Assistant Secretary, and affix the corporate seal of the Corporation this
_a L h_ day of _ -eta _y _ ?0 }_ 3---
(SEAL)
Nancy C. Ha r , Assistant Secretary
BID #1313 -06 COMPANY INFORMATION /SIGNATURE SHEET
FAILURE TO COMPLY WITH THESE BID INSTRUCTIONS WILL RESULT IN DISQUALIFICATION
OF YOUR BID, PLEASE SIGN BELOW ATTESTING THAT YOU HAVE READ AND UNDERSTAND
ALL BID INSTRUCTIONS AND THAT THE PRICES REFLECTED ON THE "SCOPE OF WORK/BID
FORM" ARE ACCURATE AND WITHOUT COLLUSION, THE PERSON SIGNING THIS BID SHOULD
HAVE THE LEGAL AUTHORITY TO BIND THE COMPANY INTO A LEGAL CONTRACT.
CO ANY NAME
TELEPHONE (INCLUDE AREA CODE)
, .
�,.
`j _ El )
FAX (INCLUDE AREA CODE)
E -MAIL ADDRESS
IF REMITTANCE ADDRESS IS DIFFERENT
FROM PURCHASE ORDER ADDRESS,
PLEASE INDICATE BELOW;
STREET ADDRESS _
CITY STATE ZIP
FEDERAL ID # ,5
Individual / Corporation Partnership Other (Specify)
Sworn to and subscribed before me this day of try _> 20.
/ f
5'
Personally Known - - or
Produced Identification
(Type of Identification)
Notary Public. State of i
County, of
vOnv P08" MICHALEECRtJMBLY S nature of Notary Public
*� * MY COMMISSION # EE 115127
EXPIRES; July 25, 2015
� OF Fk�?s Bonded Thru Budget Nobry Services
Printed,'typed or stamped ~�
Commissioned name of Notary Public
B13 - 06 Asphalt Paving Projects 43
NAME /TITLE (PLEA E RINT)
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Request for Taxpayer
Give Form to the
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Re v. Dec
Identification Number and Certification
requester. Do not
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Name (as shown on your income tax return)
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resident alien, sole proprietor, or disregarded entity, see the Part I instructions on page 3. For other
entities, it is your employer identification number (EIN). If you do not have a number, see How to get a
TIN on page 3.
Employer identification number
Note. If the account is in more than one name, see the chart on page 4 for guidelines on whose
number to enter.
Certification
Under penalties of perjury, I certify that:
1. The number shown on this form is my correct taxpayer identification number (or I am waiting for a number to be issued to me), and
2. 1 am not subject to backup withholding because: (a) I am exempt from backup withholding, or (b) I have not been notified by the Internal Revenue
Service (IRS) that I am subject to backup withholding as a result of a failure to report all interest or dividends, or (c) the IRS has notified me that I am
no longer subject to backup withholding, and
3. 1 am a U.S. citizen or other U.S. person (defined below).
Certification instructions. You must cross out item 2 above if you have been notified by the IRS that you are currently subject to backup withholding
because you have failed to report all interest and dividends on your tax retum. For real estate transactions, item 2 does not apply. For mortgage
interest paid, acquisition or abandonment of secured property, cancellation of debt, contributions to an individual retirement arrangement (IRA), and
generally, payments other than interest and dividends, you are not required to sign the certification, but you must provide your correct TIN. See the
instructions on page 4.
01911 I Signature of
Here U.S. person
General Instructio
Section references are to the ternarRevenue Code unless otherwise
noted.
Purpose of Form
A person who is required to file an information return with the IRS must
obtain your correct taxpayer identification number (TIN) to report, for
example, income paid to you, real estate transactions, mortgage interest
you paid, acquisition or abandonment of secured property, cancellation
of debt, or contributions you made to an IRA.
Use Form W -9 only if you are a U.S. person (including a resident
alien), to provide your correct TIN to the person requesting it (the
requester) and, when applicable, to:
1. Certify that the TIN you are giving is correct (or you are waiting for a
number to be issued),
2. Certify that you are not subject to backup withholding, or
3. Claim exemption from backup withholding if you are a U.S. exempt
payee. If applicable, you are also certifying that as a U.S. person, your
allocable share of any partnership income from a U.S. trade or business
is not subject to the withholding tax on foreign partners' share of
effectively connected incom
Date ►
Note. If a requester gives you a form other than Form W -9 to request
your TIN, you must use the requester's form if it is substantially similar
to this Form W -9.
Definition of a U.S. person. For federal tax purposes, you are
considered a U.S. person if you are:
• An individual who is a U.S. citizen or U.S. resident alien,
• A partnership, corporation, company, or association created or
organized in the United States or under the laws of the United States,
• An estate (other than a foreign estate), or
• A domestic trust (as defined in Regulations section 301.7701 -7).
Special rules for partnerships. Partnerships that conduct a trade or
business in the United States are generally required to pay a withholding
tax on any foreign partners' share of income from such business.
Further, in certain cases where a Form W -9 has not been received, a
partnership is required to presume that a partner is a foreign person,
and pay the withholding tax. Therefore, if you are a U.S. person that is a
partner in a partnership conducting a trade or business in the United
States, provide Form W -9 to the partnership to establish your U.S.
status and avoid withholding on your share of partnership income.
Cat. No. 10231X
Form W - 9 (Rev. 12 -2011)
20, LIST OF SUBCONTRACTORS:
SUBCONTRACTOR and /or TEMPORARY WORKER AGENCY
NAME /ADDRESS /FEDERAL I.D. NO. /CONTACT PERSON/PHONE #:
(Attach additional sheets if necessary)
The Bidder certifies that the Bidder has investigated each subcontractor /temporary worker agency listed
and has received and has in the Bidder's files evidence that each subcontractor /temporary worker agency
maintains a fully- equipped organization capable, technically and financially, of performing the pertinent
work and that the subcontractor /temporary agency has done similar work in a satisfactory manner. It is
further acknowledged by the contractor that any CHANGE or OMISSIONS in the subcontractors
listed above shall require the City of Ocoee's approval before any work shall commence by the
additional subcontractor on this project.
21, EQUIPMENT LISTING:
Please list year, make & model of all equipment that will be used on City of Ocoee properties, including
whether owned or leased. If leasedplease provide name of lessor.
22. RE FERENCES/EXPERIENCE OF RESPONDENT WITH SIMILAR WORK
The Bidder shall complete the following blanks regarding experience with similar type of work. Bidder
must demonstrate ability to perform services of similar complexity, nature, and size of this project
within past three years.
DATE OF CONTRACT /AMOUNT OF PROJECT /CLIENT'S NAME AND ADDRESS/ TELPHONE
NUMBER/EMAIL ADDRESS/NAME OF CONTACT
17
B13 -06 Asphalt Paving Projects FY 2013
Have you any similar work in progress at this time? Yes No _.
Length of time in businesst r�
Bank or other financial references: ( i?AJe (� � f
q 5 - (�, % la - `7 C. f ez
(Attach additional sheets if necessary)
23. SUMMARY OF LITIGATION:
24. ACKNOWLEDGEMENT OF ADDENDA:
Bidder acknowledges receipt of the following addenda:
No, ��r
Dated
No.
Dated
No.
Dated
No.
Dated
No.
Dated
(remainder of page left blank intentionally)
18
B13 -06 Asphalt Paving Projects FY 2013
Provide a summary of any litigation, claim(s), bid or contract dispute(s) filed by or against the Bidder in
the past five (5) years which is related to the services that the Bidder provides in the regular course of
business. The summary shall state the nature of the litigation, claim, or contact dispute, a brief
description of the case, the outcome or projected outcome, and the monetary amounts involved. If none,
please so state.
From:Lisa Johnson FaxID: Page 2 of 2 Date:5 /g/2013 10:05 AM Page:2 of 2
EMPO -01 OP ID: LS
-��
CERTIFICATE OF LIABILITY INSURANCE
DATE (NiMIDDIYYYY)
05109/13
THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS
CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES
BELOW, THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER($), AUTHORIZED
REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER.
IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(les) must be endorsed. If SUBROGATION IS WAIVED, subject to
A on this certificate does not confer rights to the
the terms and conditions of the policy, certain policies may require an endorsement. statement
certificate holder In Ileu of such endorsement(s).
PRODUCER 863 - 967 - 4454
Mulling Insurance Agency Inc. 863 - 967 7592
NA Sheri Kir1 , CIC
PHONE FA f�
(Ar�No Exc); 967 4454 Alc,- No:_ 9 -7592
P O Box 308 208 E Park Street
Auburndale, FL 33823 -0308
E -MAIL
ADDRESS: sherik mullinfinsurance.com
INSURER(S) AFFORDING COVERAGE
NAIC W
Rick A. Mlles
INSURERA: Bridgefie E Ins. Co.
10701
PREMISES Ea occurrence
_
INSURED Empower Construction, Inc.
INSURER B: Addison Insurance Company
10324
INSURER C:
CLAIMS -MADE OCCUR
P.O. Box 365
INSURER D —_
Frostproof, FL 33843
INSURER E :
- --
PRODUCTS- COMP /OP AGG
INSURER F
urrnnor_o.
GFN'L AGGREGATE LIMIT APPLIES PER'
_
COVERAGES CtKIII ICHI t IVUIVIbr -IN: - - -
HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD
THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW
CONDITION OF ANY CONTRACT OR OTHER DOCUMENT
WITH RESPECT
TO WHICH THIS
INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR
AFFORDED BY THE POLICIES DESCRIBED
HEREIN IS SUBJECT TO ALL THE TERMS,
CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE
EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS.
POLICY EFF OL E
TYPE OF INSURANCE II g yYy POLICY NUMBER MMIDDIYYYY MMIDDIYYYY
LIMITS
1,000,000
GENERAL LIABILITY
EACH OCCURRENC
A EG RENTED
$
100 000
r LTSR
X CO MMERCIAL GENERAL LIABILITY 60351426 08/01/12 08/01/13
PREMISES Ea occurrence
$
5,000
MED EXP (Any one person)
$
CLAIMS -MADE OCCUR
PERSONAL & ADV INJURY
$ 1,000,000
GENERAL AGGREGATE
$ 2,000,000
-- - "-
PRODUCTS- COMP /OP AGG
$ 2,000,000
GFN'L AGGREGATE LIMIT APPLIES PER'
$
POLICY X P LOC
COMBINED SINGLE LIMIT
1,000,000
AUTOMOBILE LIABILITY
Ea acadent
$ --
60351426 08/01/12 08/01/13
BODILY INJURY (Per oerson)
$
B ANY AUTO
ALL OWNED SCHEDULED
X
BODILY INJURY (Per accid.nl)
$
AUTOS AUTOS
PROPERTY DAMAGE
$
X X NON -OWNED
Per ac_ciden[f_
HIRED AUTOS AUTOS
$
X
UMBRELLA LIAB
X
OCCUR
60351426
08/01/12
08/01/13
EACH OCCURRENCE
$ 4,000,000
AGGREGATE
$ 4,000,000
--
B
ExcESSUAB
CLAI - MADE
- - -- -- - _
X WCSTATU- TH-
S ._ ER
TORY O
$
DED X RETENTION $ 1 DOOO
WORKERS COMPENSATION
500,000
AND EMPLOYERS' LIABILITY
Yr
0830 -36712
08/01/12
08/01/13
E.L. EACH ACCIDENT
$
500
A
ANY PROPRIETORlPARTNERIEXECUTIVE
NIA
OFFICERIMEMBER EXCLUDED?
E.L. DISEASE - EA EMPLOYEE
$
T500,000
E.L. DISEASE - POLICY LIMIT
$
(Mandatory In NH)
"yes, describe undor
DESCRIPTION OF OPERATIONS below
60351426
08/01/12
08/01/13
Rented/
300,000
B
Equipment Floater
Leased Eq
DESCRIPTION OF OPERATIONS/ LOCATIONS I VEHICLES (Attach ACORD 101, Additional Remarks Schedule, it more space Is required)
* *For bidding puroses only **
City of Ocoee will p be included as additional insured including waiver of
subrogation with respect to General Liability coverage. Additional Insured
to Workers Compensation can also
to Business Auto and Waiver of Subrogation
30 days notice except 10 days non -pay.
be provided upon notice of award.
CERTIFICATE HOLDER CANCELLATION
CITYOCE
SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE
THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN
ACCORDANCE WITH THE POLICY PROVISIONS.
City of Ocoee
150 N Lake Shore Drive AUTHORIZED REPRESENTATIVE
Ocoee, FL 34761 P Q
I n' 1 �'`
O 1988 -2010 ACORD CORPORATION, All rights reserved.
ACORD 25 (2010/05) The ACORD name and logo are registered marks of ACORD
As requested here is a list of references of similar past projects for
Empower Construction Inc. FDOT# F593374298001
1.City Of Lakeland
Macintosh Coal Yard Reconstruct Street & Parking, $364,000.00
Robie Kniss 863 - 834 -6315
E -Mail: Robert.kniss @lakelandelectric.com
2. City Of Winter Park
Reconstruction of Lakemount & Phelps Ave W /R &R Curbs, $337,633.00
Lena Petersen 407 - 599 -3225
E -Mail:
3. City Of Belle Islle
Mill & Resurface Streets, $601,000.00
Keith Severns 407 - 851 -7730
E- Mail: .
4. City Of Kissimmee
Mill &Resurface Streets $145,000.00
John Tulak 407 - 518 -2170
E -Mail:
5. City Of Frostproof
Paving of Various City Streets, $575,000.00
Tenny Croley 863 - 635 -7855
E -Mail
Also as requested, is a list of subcontractors
1. Milling - SRS/ Brian / /
2.Trucking — Liberty Hauling/ Ruth/ /
3. Striping — Fausnight Stripe and Line/ Mike/ /
CONSTRUCTION, INC.
P.-4vi"g K Excarvarti"q
Empowerconst @,aol.com
Office: (863) 635 -3592
Fax: (863) 635 -2045
P.O. Box 365
Frostproof, FL 33843
Empower Construction Equipment List for City of Ocoee B13 -06
1. 2013 Roadtec RP150 Asphalt Paver
2. Hyster C35OBD Steel Wheel Roller
3. 2006 Hypac C530A Pneumatic Roller
4. 2004 John Deere 5150 Sweeper
S. 1999 Kenworth Semi
6. 1999 Trail EZ Lowboy Trailer
7. 2002 Etnyre Distributor
8. 2012 BWS EZ 2 Load Trailer
9. 2010 Hamm HD -120 Roller
10.2011 BXX PTC15 Traffic Roller
11.2012 John Deere 329 D Skid Steer
i'
PrequalifiedVendorSearchPrintView
Listing of Prequalified Contractors
Contractor with Name EMPOWER CONSTRUCTION INC.
1 -1 of 1 contractors
Page 1 of 1
VENDOR NAME HOME OFFICE ADDRESS BIDDING OFFICE ADDRESS
EMPOWER CONSTRUCTION INC. 60 FLOOD RD 60 FLOOD RD
F593374298001 FROSTPROOF, FL 33843 FROSTPROOF, FL 33843
EXPIRES: 6/30/2014 (863)635 -3592 (863)635 -3592
WORK CLASSES
DRAINAGE
GRADING
FLEXIBLE PAVING
HOT PLANT -MIXED BITUM. COURSES
https: / /www3. dot, state. fl.us /contractorprequalification/ publ ic/ PrequalifiedVendorSearchPrin... 5/9/2013
Empower Construction Inc,,
P.O. Box 365
Frostproof, FL 33843
City of Ocoee
Finance Department f Purchasing
Attention: Joyce Tolbert, CPPB, Purchasing Agent
150 IN Lakeshore Drive
Ocoee, FL 34761 -2258
Bid# B13 -06
Bid Opening May 9, 2013 at 2:00pm
RECEIVED MAY 0.9 2013
(�;C
Mayor
S. Scott Vandergrift
City Manager
Robert Frank
�veCet,tet of Good Civ�r�8
Florida
Commissioners
John Grogan, District 1
Rosemary Wilson, District 2
Rusty Johnson, District 3
Joel Keller, District 4
t,
CITY OF OCOEE
INVITATION TO BID #1313 -06
ASPHALT PAVING PROJECTS FOR FY 2013
City of Ocoee • 150 N Lakeshore Drive • Ocoee, Florida 34761
phone: (407) 905 -3100 - fax: (407) 905 -3 t94- www.ocoee.org
Detail by FEI VIN Number
Home Contact Us E- Filing Services
Events No Name History
Detail by MON NILimber
Florida Profit Corporation
EMPOWER CONSTRUCTION, INC.
Filing Information
Document Number
P96000015328
FEI /EIN Number
593374298
Date Filed
02/15/1996
State or Country
FL
Status
ACTIVE
Last Event
AMENDMENT
Event Date Filed
11/13/2012
Event Effective Date
NONE
Principal Address
60 FLOOD RD
FROSTPROOF, FL 33843
Changed: 02/11/2013
Mailing Address
P.O. BOX 365
FROSTPROOF, FL 33843
Changed: 02/21/2013
Registered Accent Name & Address
GRANGER, JULIE A
60 FLOOD RD
FROSTPROOF, FL 33843
Name Changed: 02/21/2013
Address Changed: 02/21/2013
Officer /Director Detail
Name & Address
Title PD, Secretary, Treasurer
GRANGER, MARK SR
60 Flood Rd.
Frostproof, FL 33843
Document Searches
http:// search. sunbiz. org / Inquiry/ CorporationSearch /SearchRcsuItDetail />: eiNumber /domp -p... 5/9/2013
Detail by FEI/EIN Number
rmRUK
GRANGER, MARK, SR
60 FLOOD RD
FROSTPROOF, FL 33843
Title VTS
GRANGER, JULIE A
60 FLOOD RD
FROSTPROOF, FL 33843
Title CEO
GRANGER, MARK T, SR
60 FLOOD RD
FROSTPROOF, FL 33843
Annual ReDorts
Report Year Filed Date
2011 02/03/2011
2012 04/16/2012
2013 02/06/2013
Document Images
02/21/2013 -- Amend
02/11/2013 Amendment
02/06/2013 ANNUAL REPORT
11/13/2012 — Amendment
04116/2012 ANNUAL REPORT
02/03/2011 -- ANNUAL REPORT
09/13/2010 ANNUAL REPORT
02/18/2010 -- ANNUAL REPORT
04/20/2009 ANNUAL REPORT
04/11/2008 -- ANNUAL REPORT
04/26/200 ANNUAL REPORT
05/0 -- ANNU REPORT
04/14/2005 ANNUAL REPORT
04/29/2004 ANNUAL R EPORT
04/21/2003 ANNUAL REPORT
05/2 -- ANNUA REPORT
04/26/2001 ANNUA R EPORT
0 5/09 /20 00 -__ ANNUAL REPORT
05/04/1999 ANNUAL REPORT
05/12/1998 -- ANNUAL REPORT
09/19/1997 - ANNUAL REPORT
02/15/1996 DOCUMENTS PRIOR TO 1997
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http:// search. suiibiz, orglInquirylCorporationSearclil Scat- chResultDetail IFeiNumber /domp -p... 5/9/2013
Detail by FEVEIN Number
View image in PDF format
Events No Name History
HOMO I l UM t_iis Docmllent I f I Pones I I c[L I
Cuu iir t and PiivnLy PI i s
State of Florida, Detrutmenl. of State
Page 3 of 3
http: / /search.sunbiz,org/ Inquiry/ CorporationScarcii /Seai- chResultDetaiI /FeiNumber /domp -p... 5/9/2013
Tolbert, Joyce
From:
Tolbert, Joyce
Sent:
Thursday, May 09, 2013 3:33 PM
To:
Iempowerconst @aol.com'
Cc:
Krug, Stephen; Campanale, Richard
Subject:
City of Ocoee Asphalt Paving Bid
Mr. Granger:
Please verify your correct address, as your bid states 347 Bolender Road, Auburndale, FL 33823, and the FL Dept of
State's address (and FDOT) for your company is 60 Flood Road, Frostproof, FL 33843 and PO Box 365 Frostproof, FL. If
the Auburndale address is correct, then you will need to amend the Secretary of State's records.
Thank you.
Joke 9 , 0(be7-t, CPPB
Purchasing Agent
City of Ocoee
150 N Lakeshore Dr.
Ocoee, FL 34761
W 407 - 905 -3100 x1516
A 407 - 905 -3194
http: / /www,ocoee.orp/ Departments /Finance /Purchasing /home,h
iA Go Green: Please consider the environment before printing this email.
PLEASE NOTE: Florida has a very broad public record law. Most written communications to or from City officials regarding City business are public records, available to the public
and media upon request. Under Florida law, e -mail addresses are public records.
Ma or
S. Scott Vandergrift
City Manager
Robert Prank
ce nt er of G ooc}
co
Commissioners
John Grogan, District 1
Rosemary Wilsen, District 2
Rusty Johnson, District 3
Joel Keller. District 4
CITY OF OCOEE
INVITATION TO BID #1313 -06
ASPHALT PAVING PROJECTS FOR FY 2013
City of Ocoee • 150 N Lakeshore Drive • Ocoee, Florida 34761
phone: (407) 905 -3100 • fax: (407) 905 -3194• www.ocoee.org
TABLE OF CONTENTS
FOR
BID #1113 -06
ASPHALT PAVING PROJECTS FOR FY 2013
BID DOCUMENTS
Section Page
Legal Advertisement 3
Bid Instructions 4-6
General Terms & Conditions 7-18
List of Subcontractors *, p. 17
Equipment Listing *, p. 17
References /Experience *, p. 17
Summary of Litigation *, p. 18
Acknowledgement of Addenda *, p.18
SCOPE OF WORK, BID FORM, AND PLANSHEETS C1 — C10
Section Pal4e
Exhibit A — Scope of Work 19
Change Order Form 26
Payment Application Form 29
Exhibit B — Bid Form* 31
Exhibit C — Bid, Performance, and Payment Bond Forms 32
Company Infbrmat ion and Signature Sheet*, p. 43
Exhibit D — Type S Asphalt Concrete Quality Assurance & Acceptance Procedures 44
Exhibit E - Plan sheets C1 -05, also available as a .pdf attachment on Demandstar 45
*Submit with Bid
End Table of Contents
2
B13 -06 Asphalt Paving Projects FY 2013
Invitation to Bid
The City of Ocoee, Florida, (the "City ") is soliciting sealed bids for the following project: Bid #B13 -06
Asphalt Paving Projects for FY 2013. Bids will be received at the office of Joyce Tolbert, CPPB Purchasing
Agent, Finance Department/Purchasing, Second Floor, 150 North Lakeshore Drive, Ocoee, Florida 34761 until
2:00 pm, local time, on May 9, 2013. Bids received after that time will not be accepted under any
circumstances. Sealed Bids that have been timely received will be publicly opened and read aloud at that time.
No Pre -bid conference is scheduled at this time. Prospective bidders may secure a copy of the documents
required for submitting a bid through Onvia /Demandstar by accessing the City's website at
http: / /www.ocoee.org under Finance Department /Purchasing. Partial sets of the documents required for
submitting a bid will not be issued. By using Onv i a/Demand star, prospective bidders will be provided with all
addendums and changes to the project requirements. Membership with Onvia /Demandstar is not required to
submit a bid; fees may apply for non - members. Persons other than prospective bidders may inspect the
documents required for submitting a bid at the Ocoee City Hall City Clerk's Office, 150 N. Lakeshore Drive,
Ocoee, FL 34761. Persons inspecting the documents at the City Clerk's office that request copies will be
required to pay a fee as prescribed by statute. Beth Eikenberry, City Clerk, April 14, 2013.
B13 -06 Asphalt Paving Projects FY 2013
CITY OF OCOEE
INVITATION TO BID 41113 -06
ASPHALT PAVING PROJECTS FOR FY 2013
INTENT:
Sealed bids for Bid #1313-06 will be received by the City of Ocoee, hereinafter called "City" or "Owner," by
any person, firm, corporation or agency submitting a bid for the work proposed, hereinafter called "Bidder ".
The proposed Contract will be for the labor, supervision, materials, equipment, supplies and incidentals for the
asphalt paving projects for FY 2013 for roads within Forest Oaks Subdivision and Sawmill Subdivision in the
City of Ocoee, as listed under the "Scope of Work /Bid Form" section of this Invitation to Bid.
BIDDING INSTRUCTIONS:
A. Each Bidder shall furnish the information required on the bid form supplied and each accompanying sheet
thereof on which an entry is made. Bids submitted on any other format shall be disqualified. Please check
your prices before submission of bid, as no changes will be allowed after bid opening. Bids must be
typewritten or handwritten using ink. Do not use pencil. No erasures are permitted. Mistakes may be crossed
out and the correction typed adjacent and must be initialed and dated by the person signing the bid. Bid
documents must be signed by a legally responsible representative, officer, or employee and should be
properly witnessed and attested. All bids should also include the name and business address of any person,
firm, or corporation interested in the bid, either as a principal, member of a firm, or general partner. If the
Bidder is a corporation, the bid should include the name and business address of each officer, director, and
holder of 10% or more of the stock of such corporation.
B. Any questions or concerns regarding this bid should be addressed in writin to the Finance
Department /Purchasing, City of Ocoee, FL, Attention: Joyce Tolbert, CPPB, Purchasing Agent (407) 905-
3100, extension 1516, fax (407)905 -3194, or email preferred jtolbertnci.ocoee.fl.us , and must be received
not later than 2:00 P.M. on May 2, 2013. Any clarifications /changes will be made by way of written
addenda only, issued by the Finance Department /Purchasing. Bidders should not contact other City staff or
other City consultants for information before the bid award date. Any contact with any other member of the
City Staff, City Commission, or its agents during this time period may be grounds for disqualification.
C. This bid must be received as one (1) original and two (2) copies, of the required submittals only, by the
Finance Department /Purchasing not later than 2:00 P.M., local time, on May 9, 2013. Bids received by
the Finance Department /Purchasing after the time and date specified will not be considered, but will be
returned unopened. "Postage Due" items will not be accepted. Bids transmitted by fax or e -mail will not be
accepted. Bids shall be delivered in a sealed envelope, clearly marked with the bid number, title, and
opening date and time to:
City of Ocoee
Finance Department /Purchasing
Attention: Joyce Tolbert, CPPB, Purchasing Agent
150 N Lakeshore Drive
Ocoee, FL 34761 -2258
D. Bids will be publicly opened and read aloud in the Ocoee City Hall Conference Room, 150 N. Lakeshore
Drive, Ocoee, Florida 34761 -2258 at 2:01 P.M., or as soon thereafter as possible, on the above - appointed
date. Bidders or their authorized agents are invited to be present. The actual contract award will be made by
the Ocoee City Commission at a later date. Please be aware that all City Commission meetings are duly
4
B13 -06 Asphalt Paving Projects FY 2013
noticed public meetings and all documents submitted to the City as a part of a bid constitute public records
under Florida law.
E. All Bidders shall thoroughly examine and become familiar with the bid package and carefully note the items
which must be submitted with the bid, such as:
a) Bid Security in the form of a Cashier's or Certified check or Bid Bond;
b) List of References /Experience,
c) List of Subcontractors /Temporary Worker Agencies;
d) Equipment Listing;
e) Summary of Litigation;
0 Bid Form
g) Any other information specifically called for in these Bid Documents.
F. Submission of a bid shall constitute an acknowledgment that the Bidder has complied with Paragraph
E. The failure or neglect of a Bidder to receive or examine a bid document shall in no way relieve it from
any obligations under its bid or the contract. No claim for additional compensation that is based upon a lack
of knowledge or understanding of any of the Contract Documents or the scope of work will be allowed. All
items quoted shall be in compliance with the bid documents /scope of work.
G. No Pre -Bid Conference has been scheduled for this project.
H. Any response by the City to a request by a prospective Bidder for clarification or correction will be made in
the form of a written addendum communicated through Onv i a/Demand star issued not later than twenty -four
(24) hours before bid opening. It shall be the responsibility of each prospective Bidder to obtain a copy of
all issued Addenda. The City reserves the right to issue Addenda concerning date and time of bid opening,
at any time up to the date and time set for bid opening. In this case, bids that have been received by the City
prior to such an addendum being issued will be returned to the Bidder unopened. In case any Bidder fails
to acknowledge receipt of any such Addendum in the space provided in the bid documents, its bid will
nevertheless be construed as though the Addendum had been received and acknowledged. Submission
of a bid will constitute acknowledgment of the receipt of the Bid Documents and all Addenda. Only
interpretations or corrections provided by written Addenda shall be binding on the City. Bidders are
cautioned that any other source by which a Bidder receives information concerning, explaining, or
interpreting the Bid Documents shall not bind the City.
Any of the following causes may be considered as sufficient for the disqualification of a Bidder and the
rejection of its bid:
a) Submission of more than one (1) bid for the same work by an individual, firm, partnership or
corporation under the same or different name. For purposes of this subparagraph, firms, partnerships
or corporations under common control may be considered to be the same entity;
b) Evidence of collusion between or among Bidders;
c) Being in arrears on any of its existing contracts with the City or in litigation with the City or having
defaulted on a previous contract with the City;
d) Poor, defective, or otherwise unsatisfactory performance of work for the City or any other party on
prior projects that, in the City's judgment and sole discretion, raises doubts as to Bidder's ability to
properly perform the work, or
e) Any other cause which, in the City's judgment and sole discretion, is sufficient to justify
disqualification of Bidder or the rejection of its bid.
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B13 -06 Asphalt Paving Projects FY 2013
J. CONVICTED VENDOR LIST (PUBLIC ENTITY CRIME). A person or affiliate who has been placed
on the convicted vendor list following a conviction for a public entity crime may not submit a bid on an
award to provide any goods or services to a public entity, may not submit a bid on an award with a public
entity for the construction or repair of a public building or public work, may not submit bids on leases of
real property to a public entity, may not be awarded or perform work as a Contractor, Supplier,
Subcontractor, or Consultant under a award with any public entity, and may not transact business with any
public entity in excess of the threshold amount provided in section 287.017 for Category Two for a period
of 36 months from the date of being placed on the convicted vendor list. [See s. 287.133(2)(a), Florida
Statutes.]
K. FLORIDA PUBLIC RECORDS LAW. In accordance with Chapter 119, Florida Statutes, and, except as
may be provided by Chapter 119, Florida Statutes, and other applicable State and Federal Laws, all Bidders
should be aware that the Bid and the responses thereto are in the public domain and are available for public
inspection. Bidders are requested, however, to identify specifically any information contained in their bids
that they consider confidential and/or proprietary and that they believe to be exempt from disclosure, citing
specifically the applicable exempting law. All bids received in response to this Invitation to Bid become the
property of the City and will not be returned. In the event of an award, all documentation produced as part
of the contract will become the exclusive property of the City.
No bid may be withdrawn for a period of ninety (90) days after the time and date scheduled for
the bid opening. A request for withdrawal or a modification of a bid may be submitted to the
Purchasing Agent, in writing, at any time prior to the deadline for submitting bids. After expiration of
the deadline for receiving bids, no bid may be withdrawn or modified.
The City reserves the right to accept or reject any or all bids, to waive formalities, technicalities or
irregularities, to request clarification of information submitted in any bid, or to re- advertise for
new bids. The City may accept any item or group of items of any bid, unless the Bidder qualifies
its bid by specific limitations. The City may accept one or more bids if, in the City's discretion,
the City determines that it is in the City's best interest to do so.
The City reserves the right to award the contract to the Bidder which, in the City's sole discretion,
is the most responsive and responsible Bidder. The City reserves the right, as an aid in
determining which bid is responsible, to require a bidder to submit such additional evidence of
Bidder's qualifications as the City may deem necessary, and may consider any evidence available
to the City of the financial, technical, and other qualifications and abilities of a Bidder, including
past performance (experience) with the City and others. The City Commission shall be the final
authority in the selection of any and all bids.
(Remainder of page left blank intentionally).
B13 -06 Asphalt Paving Projects FY 2013
GENERAL TERMS & CONDITIONS:
1. BID SECURITY:
a) Each proposal must be accompanied by a Cashier's /Certified Check upon an incorporated bank or
trust company or a Bid Bond in an amount equal to five percent (5 %) of the amount of the bid. A
combination of any of the former is not acceptable. Cash or company check will not be accepted as
Bid Security. The cashier's check or Bid Bond is submitted as a guarantee that the respondent, if
awarded the Contract, will after written notice of such award, enter into a written Contract with the
City and as a guarantee that the respondent will not withdraw its bid for a period of ninety (90) days
after the scheduled closing time for the receipt of bids, in accordance with the accepted bid and bid
documents. Please note that Cashier's /Certified Checks will be deposited.
b) In the event of withdrawal of said bid within ninety (90) days following the opening of bids, or
respondent's failure to enter into said contract with the City or failure to provide the City with other
requirements of the contract documents or the bid invitation after issuance of Notice of Intent to
Award by the City, then such respondent shall be liable to the City in the full amount of the check or
bid bond and the City shall be entitled to retain the full amount of the check or to demand from the
Surety the penal sum of the bid bond as liquidated damages and not a penalty.
c) Surety companies executing bonds shall be duly insured by an insurer or corporate surety and signed
by a licensed agent who holds a current Power of Attorney from the surety company issuing the
bond.
d) The cost of the required bond and required insurance coverage is to be included in the respondent's
overhead and is not eligible for reimbursement as a separate cost by the City.
e) The checks of the three (3) most favorable respondents will be returned within three (3) days after
the City and the successful respondent have executed the contract for work or until the 91 day after
bid opening, whichever is earlier. The remaining checks will be returned within thirty (30) days after
the opening of bids. Bid Bonds will be returned upon request following the same criteria as a check.
2. PERFORMANCE AND PAYMENT BONDS
a) The Successful Respondent shall furnish the City with a State of Florida 100% Performance and a
100% Payment Bond written by a Surety Company acceptable to the City. Surety companies
executing bonds shall be duly insured by an insurer or corporate surety and signed by a licensed
agent who holds a current Power of Attorney from the surety company issuing the bond. The
attached Performance and Payment Bond Forms shall be used.
b) The cost of the Payment and Performance Bonds shall be borne by the Successful Respondent. The
bonds shall be accompanied by duly authenticated or certified documents, in duplicate, evidencing
that the person executing the Bonds in behalf of the Surety had the authority to do so on the date of
the bonds. The date of the certification cannot be earlier than the Agreement.
3. DEFAULT:
As a result of bids received under this Invitation, the award of the contract may be based, in whole or in
part, on delivery and specification factors. Accordingly, should the Contractor not meet the delivery
deadline(s) set forth in the specifications or should the Contractor fail to perform any of the other
provisions of the specifications and /or other contract documents, the City may declare the Contractor in
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B13 -06 Asphalt Paving Projects FY 2013
default and terminate the whole or any part of the contract. Upon declaring the Contractor in default and
the contract in whole or in part, the City may procure and /or cause to be delivered the equipment,
supplies, or materials specified, or any substitutions thereof and the Contractor shall be liable to the City
for any excess costs resulting therefrom. In the event the Contractor has been declared in default of a
portion of the contract, the Contractor shall continue the performance of the contract to the extent not
terminated under the provisions of this paragraph. Where the Contractor fails to comply with any of the
specifications, except for delivery deadline(s), the City may, in its discretion, provide the Contractor
with written notification of its intention to terminate for default unless prescribed deficiencies are
corrected within a specified period of time. Such notification shall not constitute a waiver of any of the
City's rights and remedies hereunder.
4. PATENT INDEMNITY:
Except as otherwise provided, the successful Bidder agrees to indemnify the City and its officers, agents,
and employees against liability, including costs and expenses for infringement upon any letters patent of
the United States arising out of the performance of this Contract or out of the use or disposal by or for
the account of the City or supplies furnished or construction work performed hereunder.
5. PRICING:
Pricing should be provided as indicated on the Scope of Work/Bid Sheet attached, to include any
alternate bids. Please note that alternate bids will not be accepted unless specifically called for on the
Scope of Work/Bid Sheet. In case of a discrepancy between the unit price and extended price, the unit
price will be presumed to be correct. Cost of preparation of a response to this bid is solely that of the
bidder and the City assumes no responsibility for such costs incurred by the bidder.
The Bid form may not be completed in pencil. All entries on the Bid form shall be legible. The City
reserves the right, but does not assume the obligation, to ask a Bidder to clarify an illegible entry on the
Bid form. If the Bid form requires that the Bid price, or constituent portions of the Bid price, be stated
in unit prices and total price; the unit prices and the total price for the stated number of units identified
on the Bid form should be provided by the Bidder and be correctly computed. If there is an arithmetical
conflict, between the unit price stated by the Bidder on the Bid form and the total price stated by the
Bidder on the Bid form, the unit price stated by the Bidder on the Bid form shall take precedence. The
City may unilaterally correct such arithmetical conflict on the Bid form to calculate the total price,
utilizing the unit prices that have been identified by the Bidder. The taking of such action by the City
shall not constitute grounds for the Bidder to withdraw its bid nor shall it provide a defense constituting
discharge of the bid bond. The City reserves the right, but does not assume the obligation, to waive any
mistake, omission, error or other irregularity that may appear on the Bid form. However, the City
reserves the right to reject as non - responsive Bid forms that are incomplete or contain information that is
not required.
a) The Bidder represents that the article(s) to be furnished under this Invitation to Bid is (are) new and
unused (unless specifically so stated) and that the quality has not deteriorated so as to impair its
usefulness.
b) The prices in this bid have been arrived at independently, without consultation, communication, or
agreement for the purpose of restriction competition, as to any matter relating to such prices with
any other Bidder or with any competitor;
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B13 -06 Asphalt Paving Projects FY 2013
c) Unless otherwise required by law, the prices which have been quoted in this bid have not been
knowingly disclosed by the Bidder and will not knowingly be disclosed by the Bidder prior to
opening, directly or indirectly to any other Bidder or to any competitor;
d) No attempt has been made or will be made by the Bidder to induce any other person or firm to
submit or not to submit a bid for the purpose of restricting competition. Every contract, combination
or conspiracy in restraint of trade or commerce in this State is unlawful (s. 542.18, Florida Statutes,
and all applicable federal regulations);
e) Bidder warrants the prices set forth herein do not exceed the prices charged by the Bidder under a
contract with the State of Florida Purchasing Division; and
f) Bidder agrees that supplies /services furnished under this quotation, if awarded, shall be covered by
the most favorable commercial warranties the Bidder gives to any customer for such
supplies /services and that rights and remedies provided herein are in addition to and do not limit any
rights offered to the City by any other provision of the bid award.
6. DISCOUNTS:
a) Trade and time payment discounts will be considered in arriving at new prices and in making
awards, except that discounts for payments within less than 30 days will not be considered in
evaluation of bids. However, offered discounts will be taken for less than 30 days if payment is
made within discount period.
b) In connections with any discount offered, time will be computed from date of delivery and
acceptance at destination, or from the date correct invoice is received in the office of Finance,
whichever is later. Payment is deemed to be made, for the purpose of earning the discount, on the
date of City Check.
7. SAMPLES:
Samples of items, when required, must be furnished free of expense to the City and, if not called for
within fifteen days from date of bid opening, same will be disposed of in the best interest of the City.
8. AWARD CRITERIA:
The contract will be recommended to be awarded to the overall lowest most responsive and responsible
Bidder according to the following criteria:
■ Compliance with scope of work, specifications, terms, and conditions
■ Bid price
■ Warranty offered
■ Experience with similar work
■ Successful reference check
9. LITERATURE:
If required by the scope of work, or the specifications, descriptive literature /brochures shall be included
with this bid in order to properly evaluate make /model offered. Bids submitted without same may be
considered non - responsive and disqualified.
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B13 -06 Asphalt Paving Projects FY 2013
10. BID PROTESTS:
All Bid Protests shall be submitted to the Purchasing Agent in the following manner:
1. A Bidder shall file a written bid protest under this Article or be barred any relief; oral protests
shall not be acknowledged.
2. A bid protest shall be limited to the following grounds: (a) issues arising from the procurement
provisions of the Project Manual, its addenda, and other bidding documents; and /or (b) applicable
federal, state, or local law. No bid protest may be based upon questions concerning the design
documents (drawings and specifications). The Bidder shall clarify all questions concerning the design
documents of the project prior to submitting its bid.
3. The content of the bid protest shall fully state the factual and legal grounds for the protest and
the legal basis for the relief requested.
4. The bid protest shall be filed with the Purchasing Agent not later than three (3) calendar days
after the posting of the notice of intent to award or recommendation of award by staff, whichever is
earlier.
5. The Purchasing Agent, on behalf of the Owner, shall make a determination of the merits of the
protest not later than five (5) business days after receipt of the protest. If Owner denies the protest,
Owner may proceed with award of the contract unless enjoined by order of a court of competent
jurisdiction.
11. PAYMENT TERMS:
Payment will be based upon monthly applications for payment properly submitted by the Contractor to
the Owner and based upon the percentage of work complete. The Owner shall deduct ten (10 %)
retainage until the job is fifty (50 %) complete. Subsequent to the fifty percent (50 %) completion
milestone, Owner shall reduce retainage withheld on each payment application to five (5 %) retainage.
All retainage amounts shall be paid when the work is complete, unless otherwise stated in the contract.
Payment for all applications for payment for work properly completed shall be made, not later than the
Twenty -fifth (25 ") business day after the date on which the properly submitted Application For Payment
is initially received by the Owner.
No payment will be made for materials ordered without proper purchase order authorization. Payment
cannot be made until materials, goods or services, have been received and accepted by the City in the
quality and quantity ordered.
Any contract resulting from this solicitation is deemed effective only to the extent of
appropriations available.
The City of Ocoee, Florida has the following tax exemption certificates assigned:
• Florida Sales & Use Tax Exemption Certificate No. 85- 8013779974C -0; and
• Pursuant to Chapter 212, Florida Statutes, the City is exempt from federal excise, state, and
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B13 -06 Asphalt Paving Projects FY 2013
• local sales taxes.
12. CONTRACT:
a) The successful Bidder, hereinafter referred to as "Contractor," will be required to enter into a
contract with the City. The contract shall be a written agreement similar to the ASCE standard
construction contract or City- issued purchase order. Construction time will be sixty (60) days from
the Notice to Proceed for substantial completion and ninety (90) days from the Notice to Proceed for
final completion.
b) The City may in its sole discretion award any additional work, whether in the existing area, or in any
additional area, to any third party, or such work may be performed by the City's employees.
Contractor will be expected to cooperate with any or all other Contractors who may be performing
work for the City.
13. SAFETY REQUIREMENTS:
The Bidder guarantees that the services to be performed and the goods to be provided herein, shall
comply with all applicable federal, state and local laws, ordinances, regulations, orders and decrees,
including without limitation such of the following acts as may be applicable: Federal Consumer Product
Safety Act, Federal Fair Labor Standards Act, Occupational Safety and Health Act, Federal Hazardous
Substances Labeling Act, Federal Flammable Fabrics Act, and any applicable environmental
regulations.
a) All contractors are required to comply with the Congressional Federal Register (CFR) of the U.S.
Department of Labor, Occupational Safety and Health Administration (OSHA) Construction
Industry, Part 1926, and CFR 1910, General Industry Standards, that are applicable in construction
work.
b) The prime contractor is not only responsible for the safety aspects of his operation and employees,
but also that of all subcontractors on the job site.
c) Assure that a certified first aid person is designated, phone numbers of physicians, hospital and
ambulance services are posted (copy to Personnel Director, City of Ocoee) and that a first aid kit is
available.
d) All individuals are required to wear hard hats on all construction sites.
e) Provide personal protective equipment that may be required for jobs in progress (e.g.: hard hats,
safety glasses, respirators, ear protection, long pants and shirts, etc.).
f) Observe the speed limit on City property.
g) Construction areas cleaned daily excavations must be barricaded or flagged until backfilled. In
some cases, bracing, shoring and sloping may be required.
h) Scaffolds shall have guard rails on all open sides and secured to prevent displacement.
i) Powder actuated stud guns or low velocity and /or similar powder actuated tools require eye and ear
protection as well as to ensure that all unauthorized personnel are well clear.
j) Welding and cutting - a fire watch and appropriate fire extinguisher shall be provided and
combustible materials cleaned up.
k) All heavy equipment must have, where applicable, (a) back -up alarms, (b) boom angle indicator, ( e
) load chart, (d) reeving, (3) fire extinguisher, (f) condition of hook and other items in accordance
with OSHA 1926.550 and ANSI B30.5.
1) Construction material shall not be stored so as to block exits.
B13 -06 Asphalt Paving Projects FY 2013
m) Ground fault circuit interrupters are required on all electrical circuits not part of the permanent
wiring of the building.
n) Personal fall protection must be provided at elevations exceeding ten (10) feet.
o) Per City Ordinance, any Contractor using construction dumpsters within the
City of Ocoee must obtain these services through Superior Waste Services of Florida, Inc.
14. DRUG -FREE WORKPLACE:
If applicable, provide a statement concerning the Bidder's status as a Drug -Free Work Place or evidence
of an implemented drug -free workplace program.
15. CERTIFICATION OF NON - SEGREGATED FACILITIES
The Bidder certifies that the Bidder does not and will not maintain or provide for the Bidder's
employees any segregated facilities at any of the Bidder's establishments and that the Bidder does not
permit the Bidder's employees to perform their services at any location, under the Bidder's control,
where segregated facilities are maintained. The Bidder agrees that a breach of this certification will be a
violation of the Equal Opportunity clause in any contract resulting from acceptance of this Bid. As used
in this certification, the term "segregated facilities" means any waiting room, work areas, time clocks,
locker rooms and other storage and dressing areas, parking lots, drinking facilities provided for
employees which are segregated on the basis of race, color, religion, national origin, habit, local custom,
or otherwise. The Bidder agrees that (except where the Bidder has obtained identical certification from
proposed contractors for specific time periods) the Bidder will obtain identical certifications from
proposed subcontractors prior to the award of such contracts exceeding $10,000 which are not exempt
from the provisions of the Equal Opportunity clause, and that the Bidder will retain such certifications in
the Bidder's files.
The non - discriminatory guidelines as promulgated in Section 202, Executive Order 11246, and as
amended by Executive Order 11375 and as amended, relative to Equal Opportunity for all persons and
implementations of rules and regulations prescribed by the U.S. Secretary of labor, are incorporated
herein.
16. STATEMENT OF AFFIRMATION AND INTENT:
The Bidder declares that the only persons, or parties interested in their bid are those named herein, that
this bid is, in all respects, fair and without fraud and that it is made without collusion with any other
vendor or official of the City of Ocoee. Neither the Affiant nor the above named entity has directly or
indirectly entered into any agreement, participated in any collusion, or otherwise taken any action in
restraint of free competitive pricing in connection with the entity's submittal for the above project. This
statement restricts the discussion of pricing data until the completion of negotiations and execution of
the Agreement for this project.
The Bidder certifies that no City Commissioner, other City Official or City employee directly or
indirectly owns assets or capital stock of the bidding entity, nor will directly or indirectly benefit by the
profits or emoluments of this proposal. (For purposes of this paragraph, indirect ownership or benefit
does not include ownership or benefit by a spouse or minor child.)
The Bidder certifies that no member of the entity's ownership or management is presently applying for
an employee position or actively seeking an elected position with the City. In the event that a conflict of
12
1313 -06 Asphalt Paving Projects FY 2013
interest is identified in the provision of services, the Bidder agrees to immediately notify the City in
writing.
The Bidder further declares that a careful examination of the scope of services, instructions, and terms
and conditions of this bid has occurred, and that the bid is made according to the provisions of the bid
documents, and will meet or exceed the scope of services, requirements, and standards contained in the
Bid documents.
Bidder agrees to abide by all conditions of the negotiation process. In conducting negotiations with the
City, Bidder offers and agrees that if this negotiation is accepted, the Bidder will convey, sell, assign, or
transfer to the City all rights, title, and interest in and to all causes of action it may now or hereafter
acquire under the Anti -trust laws of the United States and the State of Florida for price fixing relating to
the particular commodities or services purchased or acquired by the City. At the City's discretion, such
assignment shall be made and become effective at the time the City tenders final payment to the Bidder.
The bid constitutes a firm and binding offer by the Bidder to perform the services as stated.
17. PUBLIC ENTITY CRIME STATEMENT:
All invitations to bid as defined by Section 287,012(l 1), Florida Statutes, requests for proposals as
defined by Section 287.012(16), Florida Statutes, and any contract document described by Section
287.058, Florida Statutes, shall contain a statement informing persons of the provisions of paragraph
(2)(a) of Section 287.133, Florida Statutes, which reads as follows:
"A person or affiliate who has been placed on the convicted vendor list following a conviction for a
public entity crime may not submit a bid on a contract to provide any goods or services to a public
entity, may not submit a bid on a contract with a public entity for the construction or repair of public
building or public work, may not submit bids on leases of real property to a public entity, may not be
awarded or perform work as a contractor, supplier, subcontractor, or consultant under a contract with
any public entity, and may not transact business with any public entity in excess of the threshold amount
provided in Section 287.017, for CATEGORY TWO for a period of 36 months from the date of being
placed on the convicted vendor list."
All Bidders who submit a Bid or Request for Proposal to the City of Ocoee are guaranteeing that
they have read the previous statement and by signing the bid documents are qualified to submit a
bid under Section 287.133, (2)(a), Florida Statutes.
18. PERMITS /LICENSES /FEES:
a) Any permits, licenses or fees required will be the responsibility of the contractor; no separate
payments will be made. Permit fees are waived for any City of Ocoee permits required.
b) The City requires a City of Ocoee registration if permitting is required. Please contact the City's
Building Department at (407)905 -3100 extension 1000, directly for information concerning this
requirement.
c) Adherence to all applicable code regulations (Federal, State, County, and City) is the responsibility
of the contractor.
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B13 -06 Asphalt Paving Projects FY 2013
19. INSURANCE REQUIREMENTS:
The Contractor shall not commence any work in connection with an Agreement until all of the following types of
insurance have been obtained and such insurance has been approved by the City, nor shall the Contractor allow
any Subcontractor to commence work on a subcontract until all similar insurance required of the subcontractor
has been so obtained and approved. Policies other than Workers' Compensation shall be issued only by
companies authorized by subsisting certificates of authority issued to the companies by the Department of
Insurance of Florida which maintain a Best's Rating of "A" or better and a Financial Size Category of "VII" or
better according to the A.M. Best Company. Policies for Workers' Compensation may be issued by companies
authorized as a group self - insurer by F.S. 440.57, Florida Statutes.
a) Loss Deductible Clause: The City shall be exempt from, and in no way liable for, any sums of money which
may represent a deductible in any insurance policy. The payment of such deductible shall be the sole
responsibility of the General Contractor and /or subcontractor providing such insurance.
b) Workers' Compensation Insurance The Contractor shall obtain during the life of this Agreement, Worker's
Compensation Insurance with Employer's Liability Limits of $500,000 1$500,000 1$500,000 for all the
Contractor's employees connected with the work of this project and, in the event any work is sublet, the
Contractor shall require the subcontractor similarly to provide Workers' Compensation Insurance for all of the
latter's employees unless such employees are covered by the protection afforded by the Contractor. Such
insurance shall comply fully with the Florida Workers' Compensation Law. In case any class of employees
engaged in hazardous work under this contract for the City is not protected under the Workers' Compensation
statute, the Contractor shall provide, and cause each subcontractor to provide adequate insurance, satisfactory
to the City, for the protection of the Contractor's employees not otherwise protected.
■ Include Waiver of Subrogation in favor of the City of Ocoee
c) Contractor's Public Liability and Property Damage Insurance The Contractor shall obtain during the life of
this Agreement COMMERCIAL AUTOMOBILE COVERAGE, this policy should name the City of Ocoee as
an additional insured, and shall protect the Contractor and the City from claims for damage for personal injury,
including accidental death, as well as claims for property damages which may arise from operations under this
Agreement whether such operations be by the Contractor or by anyone directly or indirectly employed by the
Contractor, and the amounts of such insurance shall be the minimum limits as follows:
1) Automobile Bodily Injury Liability & Property Damage Liability
• $1,000,000 Combined single limit per occurrence (each person, each accident)
• All covered automobile will be covered via symbol 1
• Liability coverage will include hired & non -owned automobile liability
• Include Waiver of Subrogation in favor of The City of Ocoee
2) Comprehensive General Liability (Occurrence Form) - this policy should name the City of Ocoee as an
additional insured and should indicate that the insurance of the Contractor is primary and non - contributory.
• $2,000,000 GENERAL AGGREGATE
• $2,000,000 PRODUCTS - COMPLETED OPERATIONS AGGREGATE
• $1,000,000 PER OCCURRENCE
• $1,000,000 PERSONAL & ADVERTISING INJURY
• Include Waiver of Subrogation in favor of the City of Ocoee
3) Subcontractor's Comprehensive General Liability, Automobile Liability and Worker's Compensation
Insurance The Contractor shall require each subcontractor to procure and maintain during the life of this
subcontract, insurance of the type specified above or insure the activities of these subcontractors in the
Contractor's policy, as specified above.
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813 -06 Asphalt Paving Projects FY 2013
4) Owner's Protective Liability Insurance n/a for this project.
5) Contractual Liability If the project is not bonded, the Contractor's insurance shall also include contractual
liability coverage to insure the fulfillment of the contract. NOTE: PUBLIC LIABILITY INSURANCE
AND AUTOMOBILE LIABILITY INSURANCE, THE CITY SHALL BE NAMED AS ADDITIONAL
INSURED.
■ $1,000,000 PER OCCURRENCE
■ $2,000,000 AGGREGATE
6) Commercial Umbrella:
■ $1,000,000 PER OCCURRENCE
■ $2,000,000 Aggregate
■ Including Employer's Liability and Contractual Liability
7) Builders Risk: n/a for this project
8) Certificates of Insurance Certificate of Insurance Form (see sample attached), naming the City of Ocoee as an
additional insured will be furnished by the Contractor upon notice of award. These shall be completed by the
authorized Resident Agent and returned to the Office of the Purchasing Agent. This certificate shall be dated
and show:
9) The name of the Insured contractor, the specific job by name and job number, the name of the insurer, the
number of the policy, its effective date, its termination date.
10) Statement that the Insurer shall mail notice to the Owner at least thirty (30) days prior to any material changes
in provisions or cancellation of the policy, except ten (10) days written notice of cancellation for non - payment
of premium.
(remainder of page left blank intentionally)
15
B13-06 Asphalt Paving Projects FY 2013
ACORo_ CERTIFICATE OF LIABILI INSURANCE OP ID Jy DATE(M.O(V"YY)
FRAZE -1 11/0 CL4
P9oauc£R THIS CERTIFICATE iS ISSUED AS A MAT TER OF INFORMATION
QNLY AND CONFERS NO RIGHTS UPO THE CERTIFICATE
HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR -
AL TER THE COV ERAGE AFFORD BY THE PO LICIES B ELOW.
INSURERS AFFORDING COVERAGE NAIC S
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V THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED 001E FOR THE POLICY PERIOD INOICATEO. NOTWITHSTANDING
ANY REOUIREMENT, TERM OR C01 -1101 OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR
MAY PERTAIN, THE INSURANCE AFFORDED BY T14E POLICIES DESCRIBED HEREN IS SUOJFCT TO ALL THE TER,VA EXCLUSIONS ANC CONCITIONS OF SUCH.
POLICIES. AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS
BA700'U "��.^-- .-- .__.__._.�
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POLICY NUMBER DATE (MMfOOIYY� 1
LTR INSRG TYPE Of INSURANCE DpiE M
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DESCRIPTION OF OPERATIONS f LOCATIONS / VEHICLES I EXCLUSIONS ADDED BY ENDORSEMENT f SPECf PRCViSION3
The insurance evidenced by this certificate shall name the certificate
holders ae an additional insured on the General Liability & Umbrella
Liability. Workers' compensation, Employers' Liability & General Liability
shall contain a Waiver of Subrogation in favor of the certificate holder.
The certificate holder is added as a raTei irured HS $IW RLSiC.
CERTIF HOLDER
CANCELLATION ----
SN LD ANY OF THE ABOVE DESCRIBED POL?CIEO BE CANCELLED BEFORE THE EXPIRATIOA
OCOEE01
DATE TMERECF, THE ISSUING INSURER WILL ENDEAVOR TO MAIL 10 DAYS WRITTEN
NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT, BUI FAILURE TO DO SO SHALL
City Of Oc oee
IMPOSE NO OBLIGATION OR LIABILITY OF ANY IGND UPON THE NS'LRER, ITS AGENTS OR
150 N. Lakeshore Drive
REPRESENTATIVES. T
Ocoee FL 34761 -2259
AUTHORRECREPRESENTATTVE
ACORU CORPORATION 198k
ACORD 25 (2001l08) 4 � � �a.'
16
B13 -06 Asphalt Paving Projects FY 2013
20. LIST OF SUBCONTRACTORS:
SUBCONTRACTOR and /or TEMPORARY WORKER AGENCY
NAME /ADDRESS /FEDERAL I.D. NO. /CONTACT PERSON /PHONE #:
(Attach additional sheets if necessary)
The Bidder certifies that the Bidder has investigated each subcontractor /temporary worker agency listed
and has received and has in the Bidder's files evidence that each subcontractor /temporary worker agency
maintains a fully - equipped organization capable, technically and financially, of performing the pertinent
work and that the subcontractor /temporary agency has done similar work in a satisfactory manner. It is
further acknowledged by the contractor that any CHANGE or OMISSIONS in the subcontractors
listed above shall require the City of Ocoee's approval before any work shall commence by the
additional subcontractor on this project.
21. EQUIPMENT LISTING:
Please list year, make & model of all equipment that will be used on City of Ocoee properties, including
whether owned or leased. If leased please provide name of lessor.
22. REFERENCES /EXPERIENCE OF RESPONDENT WITH SIMILAR WORK
The Bidder shall complete the following blanks regarding experience with similar type of work. Bidder
must demonstrate ability to perform services of similar complexity, nature, and size of this project
within past three years.
DATE OF CONTRACT /AMOUNT OF PROJECT /CLIENT'S NAME AND ADDRESS/ TELPHONE
NUMBER/EMAIL ADDRESS/NAME OF CONTACT
17
B13 -06 Asphalt Paving Projects FY 2013
Have you any similar work in progress at this time? Yes_ No
Length of time in business
Bank or other financial references:
(Attach additional sheets if necessary)
23. SUMMARY OF LITIGATION:
Provide a summary of any litigation, claim(s), bid or contract dispute(s) filed by or against the Bidder in
the past five (5) years which is related to the services that the Bidder provides in the regular course of
business. The summary shall state the nature of the litigation, claim, or contact dispute, a brief
description of the case, the outcome or projected outcome, and the monetary amounts involved. If none,
please so state.
24. ACKNOWLEDGEMENT OF ADDENDA:
Bidder acknowledges receipt of the following addenda:
No.
Dated
No.
Dated
No.
Dated
No.
Dated
No.
Dated
(remainder of page left blank intentionally)
18
B13 -06 Asphalt Paving Projects FY 2013
CITY OF OCOEE
BID #1313 -06
ASPHALT PAVING PROJECTS FOR FY 2013
EXHIBIT A
FOREST OAKS SUBDIVISION
N. HAGER DR. / N. RICH DR. / PRAIRIE LAKE DR
S. RICH DR. / WITHERS DR. / S HAGER DR / ISON LN
MILLING AND RESURFACING
SAWMILL SUBDIVISION
CANYON TRAIL LN. / CROSS CUT CT. / HORNLAKE CR/
MILLING AND RESURFACING
SCOPE OF WORK
The City of Ocoee, Florida (City) is soliciting bids from qualified contractors to furnish an asphalt stabilized base
course from a mixture of the existing bituminous concrete pavement and existing base course material. In addition,
the contractor shall furnish and install asphalt pavement on the recycled road base. Refer to description of services
and technical specifications provided herewith. All work of this contract shall conform to the applicable technical
specifications of Florida Department of Transportation (FDOT) "Standard Specifications for Road and Bridge
Construction" Latest Edition, and "Roadway and Traffic Design Standards" Latest Edition including any
amendments thereto. The CONTRACTOR shall acquire his own copies of the FDOT Standards.
All work is to be done in accordance with the drawings prepared by the City of Ocoee, the Measure and Payment
section, below, and other bid documents. The total base bid price must include all costs required to complete the
work, whether or not the materials and labor are explicitly listed. Quantities shown in the Bid Form are summarized
from the plans. Such quantities are provided as an aid to preparing bids and are not binding on City as minimum
quantities. Payment will be based on installed and accepted quantities.
Work is to be performed during normal business hours of Monday through Friday between 7 am — 5 pm. Any work
performed outside of these standard work hours must be authorized by the City of Ocoee Public Works Director.
The City reserves the right to omit one or more bid items, as may be required to stay within the available project
budget, when the work is awarded. If this occurs, the City or Contractor may seek to negotiate price changes
for lump sum bid items that relate to the overall quantity of work, such as mobilization or maintenance of
traffic. Should the City instead award one or more of the add - alternate bid items, no increases in lump sum unit
prices will be permitted, as the add - alternate item bids should be inclusive of all additional effort and costs
related to that work.
MEASUREMENT AND PAYMENT
1.01 DESCRIPTION OF WORK
This section defines the method which will be used to determine the quantities of work performed or materials
supplied and establishes the basis upon which payment will be made.
19
B13 -06 Asphalt Paving Projects FY 2013
1.02 ESTIMATED QUANTITIES
Where quantities are shown they are approximate and are given only as a basis of calculation upon which the
award of the Contract is to be made. CITY or ENGINEER do not assume any responsibility that the final
quantities, nor shall CONTRACTOR claim misunderstanding because of such estimate of quantities. Final
payment will be made only for the satisfactorily completed quantity of each item.
1.03 MEASUREMENT STANDARDS
All work completed under the Contract shall be measured according to United States Standard Methods.
1.04 METHOD OF MEASUREMENT
Measurement of Length
Unless otherwise specified for the particular items involved, all measurements of distance for items to be paid for
on the basis of length shall be taken horizontally or vertically.
Measurement of Area:
In the measurement of items paid for on the basis of area of finished work, the lengths and /or widths to be used in
the calculations shall be the actual dimensions measured along the surface of the completed work within the neat
lines shown or designated. At intersections, the measurement used for length of side area will be measured from
the outside edge of the width allowed along the main trench.
1.05 PAYMENT
Lump Sum Items:
Where payment for items is shown to be paid for on a lump sum basis, no separate payment will be made for any
item of work required to complete the lump sum item within the limits of work shown or specified.
Unit Price Items:
Where payment for items is shown to be paid for on a unit price basis, separate payment will be made for the
items of work described herein and listed on the Bid Form. Any related work not specifically listed, but required
for satisfactory completion of the work, shall be considered to be included in the scope of the appropriate listed
work items.
1.06 COSTS INCLUDED IN PAYMENT ITEMS (IF APPLICABLE)
No separate payment will be made for the following items and the cost of such work shall be included in the
applicable pay items of work.
• Clearing and grubbing (including disposal of excess material)
• Trench excavation, including necessary pavement removal and removal of vegetative surfaces
• Dewatering and disposal of surplus water
• Structural fill, backfill, and grading
20
B13 -06 Asphalt Paving Projects FY 2013
• Manual excavation or soft digs
• Replacement of unpaved roadways, grass and shrubbery plots
• Cleanup
• Foundation and borrow materials, except as hereinafter specified
• Testing and placing system in operation
• Any material and equipment required to be installed and utilized for tests
• Pipe, structures, pavement replacement, restoration and /or appurtenances included within the limits of
lump sum work, unless otherwise shown.
• Maintaining or detouring of the traffic
• Appurtenant work as required for a complete and operable system
• Surface restoration including removal and replacement of trees (under 4 -inch diameter), shrubs, and sod
disturbed by construction activities.
• Relocation and /or replacement of irrigation systems disturbed by construction
• Relocation and /or replacement of mail boxes disturbed by construction
• Furnishing adequate sanitary facilities for workers
• Adjustment of valve boxes
• Erosion control mechanisms
• Verification of existing survey
• Maintaining Driveway Access for Residences
Cleanup:
CONTRACTOR's attention is called to the fact that cleanup is considered a part of the work of construction. No
payment will be made until cleanup is essentially complete.
At the end of each week of construction, the CONTRACTOR shall perform cleaning of the work site, to the
satisfaction of the Owner, before proceeding to the next week's scheduled work.
Work Outside Authorized Limits:
No payment will be made for work constructed outside the authorized limits of work.
1.07 APPLICATIONS FOR PAYMENT
Applications for payment shall be prepared by the CONTRACTOR and submitted to the CITY in accordance
with the schedule established by the Conditions of the Contract and the Agreement. The applications for
payment shall be submitted in the number and form established by the CITY at the Preconstruction Conference.
The form shall be completely filled out and executed by an authorized representative of the CONTRACTOR.
Supporting data such as schedules of stored materials shall be attached to each copy of the application.
1.08 CHANGE ORDER PROCEDURE
A Change Order is a written order to the CONTRACTOR signed by the CITY authorizing an addition, deletion or
revision in the Work, or an adjustment in the Contract Price or the Contract Time which is issued after the
execution of the Agreement. Refer to Change Order Form attached.
The following procedure shall be used in processing Change Orders:
21
B13 -06 Asphalt Paving Projects FY 201 3
For Additions to the Work:
The CITY shall issue a written order to the CONTRACTOR directing him to accomplish the additional work.
The CONTRACTOR shall review the order and if he feels that the additional work entitles him to additional
payment or additional time, he may submit a claim as prescribed in the Conditions of the Contract.
For Deletions From the Work:
The CITY shall issue a written order to the CONTRACTOR directing him to make the change. If the CITY feels
that the Contract price should be reduced as a result of the change, the CITY shall make a claim for the reduction
as provided in the Conditions of the Contract.
Cost of the changes in the work shall be determined in accordance with the requirements spelled out in the
Conditions of the Contract. Modifications to incorporate the changes in cost will be made as the amount of any
change is determined.
1.09 BID ITEMS
The following numbered paragraphs explain each of the bid items listed on the Bid Form. The paragraphs
explain what is included in each item and how it will be paid.
1.00 Mobilization / Demobilization and General Requirements and Restoration
Mobilization shall be the preparatory work and operations in mobilizing for beginning work on the project,
including, but not limited to, those operations necessary for the movement of personnel, equipment, supplies and
incidentals to the project site, and if necessary the establishment of temporary offices, buildings, safety equipment
and first aid supplies, sanitary and other facilities, as required by the Contract Documents and applicable laws and
regulations. The cost of bonds, required insurance, and any other preconstruction expense necessary for the start of
work, excluding the cost of construction materials, shall also be included in this item. Permitting is excluded and
not the responsibility of the contractor. City of Ocoee shall provide (if necessary) custom signs or message board,
only. In addition, payment for Quality Assurance Soil Testing, general Maintenance of Traffic and General
Construction Requirements, unless stated under separate bid items, shall be included under this bid item and shall
include the CONTRACTOR's overhead costs related specifically to this Contract. The contractor shall also be
responsible for miscellaneous concrete and asphalt damage caused by paving equipment or trucks that must be
traveled over to access paving areas. This includes valley gutters and concrete drives and sidewalks or brick
pavers, asphaltic concrete that may be damaged during construction activities. Demobilization shall be the work
of removing temporary facilities from the site. The cost of any fencing, signs, markings, and other items
necessary to secure each work site and to notify the public as to the hazards present is explicitly included in this
bid item. Insurance and indemnification costs are part of this bid item.
FOREST OAKS SUBDIVISION
HAGER DR. /RICH DR. /PRAIRIE LAKE DR. /WITHERS CT./ISON LN..
2.01 Milling
22
B13 -06 Asphalt Paving Projects FY 2013
Payment for milling existing asphaltic concrete pavement shall be made at the Contract unit price per square
yard (SY), and shall include full compensation for all labor, material and equipment required to complete the
work. Payment includes full compensation for all materials and equipment required to mill F of existing
asphaltic pavement, hauling, and cleaning up of milled material, labor and other incidentals. The measurement
for payment under this item shall be the actual number of square yards of specified road satisfactorily milled.
All materials and workmanship shall conform to the FDOT Standard Specifications (latest edition) Section 327
- Milling of Existing Asphalt Pavement.
2.02 Asphalt Pavement
Payment for constructing asphaltic concrete surface course shall be made at the Contract unit price per square
yard (SY) placed and accepted, based on a nominal thickness of F, as shown on the Drawings, and shall be full
compensation for all labor, material and equipment required to do the work. Payment shall include quality
control testing, cleaning, sweeping and tack coat. No extra payment will be allowed for asphalt greater than that
necessary to achieve the required grade, unless directed by the CITY or CITY's representative. Refer to FDEP
Section 331 Type S Asphalt Concrete, Quality Assurance and Acceptance Procedures provided herewith.
2.03 Pavement Markings
Payment for temporary striping and thermoplastic striping, stop bars and RPMs shall be made at the Contract
Lump Sum (LS), and shall be placed and accepted, based on the existing striping along the road, intersections
and cross walks.
SAWMILL SUBDIVISION
CANYON TRAIL LN. /CROSS CUT CT. /HORNLAKE CR.
3.01 Milling
Payment for milling existing asphaltic concrete pavement shall be made at the Contract unit price per square
yard (SY), and shall include full compensation for all labor, material and equipment required to complete the
work. Payment includes full compensation for all materials and equipment required to mill F of existing
asphaltic pavement, hauling, and cleaning up of milled material, labor and other incidentals. The measurement
for payment under this item shall be the actual number of square yards of specified road satisfactorily milled.
All materials and workmanship shall conform to the FDOT Standard Specifications (latest edition) Section 327
- Milling of Existing Asphalt Pavement.
3.02 Asphalt Pavement
Payment for constructing asphaltic concrete surface course shall be made at the Contract unit price per square
yard (SY) placed and accepted, based on a nominal thickness of F, as shown on the Drawings, and shall be full
compensation for all labor, material and equipment required to do the work. Payment shall include quality
control testing, cleaning, sweeping and tack coat. No extra payment will be allowed for asphalt greater than that
necessary to achieve the required grade, unless directed by the CITY or CITY's representative. Refer to FDEP
Section 331 Type S Asphalt Concrete, Quality Assurance and Acceptance Procedures provided herewith.
23
B13 -06 Asphalt Paving Projects FY 2013
3.03 Pavement Markings
Payment for temporary striping and thermoplastic striping, stop bars and RPMs shall be made at the Contract
Lump Sum (LS), and shall be placed and accepted, based on the existing striping along the road, intersections
and cross walks.
Contractor Qualifications
The prime contractor submitting a bid must hold either a Florida general contractor or underground contractor
license. The party responsible for all work related to improvements that must conform to the requirements of
the Florida Building Code, which may be a subcontractor, will be required to hold a State of Florida General
Contractor's license. A City of Ocoee building permit will be required for any such improvement. Contractor
will be required to secure the building permit, the cost of which will be waived by the City, and to schedule and
pass related inspections performed by City staff. A state - licensed electrician will be required to secure a
building permit for the electrical power requirements of the work, if any.
Shop Drawinlls
Where required, the Contractor shall furnish shop drawings to the City in sufficient time to allow a thorough
review by City staff while not delaying progress of the work. Shop drawings shall be provided as three
complete sets of drawings and specifications. Two sets will be returned to the Contactor; the City will retain
one set. All sets returned to the Contactor will be stamped by the City indicating its decision as to the
acceptability of the proposed material and manner of incorporation into the work. Any work not provided or
installed in accordance with the approved shop drawings and /or the plans and specifications will be rejected by
the City and must be replaced with acceptable material and /or workmanship prior to payment.
Construction Schedule
The construction period is 60 business days to substantial completion and 90 business days to final
completion. Substantial completion is the point where all facilities may be used for the purpose intended with
no significant "punch list" items remaining to be resolved. Note that there is no restoration phase of the work.
Each bid item includes related restoration work as part of the bid item. Thus, any facility for which restoration
has not been completed and accepted by the City cannot be considered to have reached the point of substantial
completion. The construction warranty period begins on the date of substantial completion, which will be
recorded using a certificate issued by the City and acknowledged by the Contractor.
The Contractor will be required to furnish a confirmed start date and construction phasing schedule to the City
at the preconstruction conference so the period of construction can be determined for each part of the work.
The City can delay the start date shown on the Notice to Proceed to allow a reasonable time for approval of
shop drawings, mobilization, and similar start -up actions. The City may levy liquidated damages in the amount
of $250 for each day beyond the final completion date shown on the Notice to Proceed.
The number of unfavorable weather days that are not included in the 60 -day construction period to Final
Completion. The City will evaluate any time extension sought by Contractor in light of these built -in time
considerations.
24
B13 -06 Asphalt Paving Projects FY 2013
Warranty Period
The Contractor is to provide a minimum one -year warranty beginning on the date of substantial completion, as
recorded on a certificate of substantial completion issued by the City to the Contractor. The City will perform
periodic inspections of the work and note any items that require correction. Unless posing a danger to the
public, potentially leading to further damage to the affected improvement if not corrected, the City will
normally wait to compile a list of all required corrective actions and transmit it to the Contractor near the end of
the warranty period.
The period allowed for correction of all noted warranty repair issues is generally 30 days, but may be extended
in consideration of the need to fabricate or receive necessary materials, arrange for the work to be performed by
a subcontractor, and other reasonable causes. The notice of required corrective action will include the period
allowed for correction. The City may levy liquidated damages in the amount of $250 for each day beyond the
final completion date shown on the notice. Any corrective work provided may be subject to a warranty
extension determined by the City, but in no case longer than one year in duration from the date of correction.
Payments
Contractor will be required to use the attached progress payment form and the final payment will need to be
accompanied by a release of lien from all subcontractors and suppliers.
END OF SECTION
25
1313 -06 Asphalt Paving Projects FY 2013
_ C enter of Good [ ,._ _
B13 -06 ASPHALT PAVING PROJECTS FY 2013
CHANGE ORDER FORM
DATE: PURCHASE ORDER:
The following changes are hereby made to the CONTRACT DOCUMENTS.
Original CONTRACT PRICE $0.00
Current CONTRACT PRICE ADJUSTED by previous CHANGE ORDERS $0.00
Net Increase (Decrease) Resulting from this CHANGE ORDER Sf 0.001
The current CONTRACT PRICE including this CHANGE ORDER Sf 0 •001
Original CONTRACT COMPLETION DATE:
Current CONTRACT COMPLETION DATE adjusted by previous
CHANGE ORDERS
Net Increase Resulting from this CHANGE ORDER
Current CONTRACT COMPLETION DATE including this
CHANGE ORDER
[original contract date]
[ current contract date]
(number] days
[new contract date]
26
B13 -06 Asphalt Paving Projects FY 2013
CITY OF OCOEE
150 North Lakeshore Drive
Ocoee, Florida 34761
CHANGES ORDERED:
REQUIRED CHANGES
II. JUSTIFICATION
III. NARRATIVE OF NEGOTIATIONS
IV. PAYMENT
V. APPROVAL AND CHANGE AUTHORIZATION
This proposed change to the Contract requires approval by the Ocoee City Commission or the City Manager,
dependent upon project approval authority, in order to supplement the project budget to fund the changes. It is
expressly understood and agreed that the approval of the Change Order shall have no effect on the original
contract other than matters expressly provided herein.
CONTRACTOR acknowledges, by its execution and acceptance of this Change Order, that the adjustments in
Contract Price and Time shown hereon constitute full and complete compensation and satisfaction for all costs
and modifications of performance time incurred by the CONTRACTOR as a result of this Change Order. No
other claim for increased costs of performance or modifications of time will be granted by the OWNER for the
Work covered by this Change Order. The CONTRACTOR hereby waives and releases any further claims for
cost or time against the OWNER arising from or relating to the matters or Work set forth or contemplated by
this Change Order.
RECOMMENDED BY:
ACCEPTED BY:
CITY OF OCOEE, FLORIDA [contractor name]
IC
Signature
Date:
Title
Date:
Title:
Signature
27
B13 -06 Asphalt Paving Projects FY 201 3
APPROVED BY:
CITY OF OCOEE, FLORIDA
By:
Steve Krug, Public Works Director
By:
Wanda Horton, Director of Finance
By:
Robert D. Frank, City Manager
By:
S. Scott Vandergrift, Mayor
FOR USE AND RELIANCE ONLY BY THE
CITY OF OCOEE, APPROVED AS TO FORM
AND LEGALITY THIS DAY OF
1 20
C
City Attorney
Date:
Date:
Date:
Date:
Attest:
Beth Eikenberry, City Clerk
APPROVED BY THE CITY OF OCOEE
COMMISSION IN A MEETING HELD ON
,20 UNDER
AGENDA ITEM NO
28
B13 -06 Asphalt Paving Projects FY 2013
APPLICATION AND CERTIFICATE FOR PAYMENT FORM
Application No.
Contractor:
Progress Payment Final Payment
Contract Date:
Application Date: For Period Ending
City Project No.: Account No.:
Project Name: B13 -06 Asphalt Paving Projects for FY 2013
Construction Start Date:
Construction Days - Elapsed:
End Date:
Remaining:
1. Original Contract Amount
2. Sum of Approved Change Orders to Date (from Table)
3. Current Contract Amount (Sum of Lines 1 and 2)
4. Total of Prior Pay Applications (including retainage)
5. Amount of this Pay Application (including retainage;
from Bid Item Quantity Spreadsheet)
6. Total Earned to Date (Sum of Lines 4 and 5)
7. Retainage Held from Prior Pay Applications
8. Retainage to Be Held in this Pay Application
9. Total Retainage Held to Date (Sum of Lines 7 and 8)
10. Total Earned to Date Less Retainage (Line 6 minus Line 9)
11. Total Earned less Retainage for this Pay Application
(Line 5 minus Line 7)
Approved Chance Orders
19[flea
S
Change
Order No.
Date Approved
by City
Date Accepted
by Contractor
Total Change in
Contract Price
Total (Write in Line 2, above)
29
B13 -06 Asphalt Paving Projects FY 2013
Contractor's Certification
The undersigned Contractor hereby swears under penalty of perjury that (1) all previous progress payments
received from the Owner on account of Work performed under the contract referred to above have been applied
by the undersigned to discharge in full all obligations of the undersigned incurred in connection with Work
covered by prior Applications for Payment numbered 1 through inclusive; (2) all materials and
equipment incorporated in said Project or otherwise listed in or covered by this Application for Payment are
free and clear of all liens, claims, security interest and encumbrances; and (3) all Work covered by this
Application for Payment is in accordance with the Contract Documents and not defective as that term is defined
in the Contract Documents.
Dated 20
(Contractor)
In
(Name)
(Title)
COUNTY OF
STATE OF
Before me on this day of , 20, personally appeared
known to me, who being duly sworn, deposes and says that (s)he is the
of the Contractor above mentioned; that(s) he executed the above
Application for Payment and statement on behalf of said Contractor; and that all of the statements contained
therein are true, correct and complete.
Notary Public
My Commission Expires
Payment shown on Line 11 is recommended by City's Resident Project Representative:
C
Date:
(Authorized Signature)
Owner's Approval
Date:
(Authorized Signature)
(Title)
30
B13 -06 Asphalt Paving Projects FY 2013
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EXHIBIT C
BID BOND
KNOW ALL MEN BY THESE PRESENTS, that we, the undersigned,
as Principal, and
as Surety, are hereby held and firmly bound unto the City of Ocoee,
Florida, as Owner, in the penal sum of, (5 percent of the Contract Bid) $
(written amount in dollars and cents)
for the payment of which, well and truly to be made, we hereby jointly and severally bind
ourselves, successors and assigns.
Signed, this day of , 20. The Condition of the
above obligation is such that whereas the Principal has submitted to the City of Ocoee, Florida a
certain Bid, attached hereto and hereby made a part hereof to enter into a contract in writing, for
the B13 -06 Asphalt Paving Projects for FY 2013 (Project).
NOW THEREFORE
1. Bidder and Surety, jointly and severally, bind themselves, their heirs, executors,
administrators, successors and assigns to pay to Owner upon default of Bidder any
damages, costs, or expenses, including attorney's fees, incurred by Owner that are
proximately caused by such default. In no event shall Bidder's and Surety's obligation
hereunder exceed the penal sum set forth on the face of this Bond.
2. Default of Bidder shall occur upon the failure of Bidder to deliver within the time
required by the Bidding Documents (or any extension thereof agreed to in writing by
Owner) the executed Agreement required by the Bidding Documents and any
performance and payment bonds required by the Bidding Documents and Contract
Documents.
B13 -06 Asphalt Paving Projects 32
3. This obligation shall be null and void if.
3.1 Owner accepts Bidder's bid and Bidder delivers within the time required by the
Bidding Documents (or any extension thereof agreed to in writing by Owner) the
executed Agreement required by the Bidding Documents and any performance
and payment bonds required by the Bidding Documents and Contract Documents,
or
3.2 All bids are rejected by Owner, or
3.3 Owner fails to issue a Notice of Intent to Award to Bidder within ninety (90) days
from the time and date fixed for the opening of Bids (or any extension thereof
agreed to in writing by Bidder and, if applicable, consented to by Surety when
required by paragraph 5 hereof).
4. Payment under this Bond will be due and payable upon default by Bidder and within 30
calendar days after receipt by Bidder and Surety of written notice of default from Owner,
which notice will be given with reasonable promptness, identifying this Bond and the
Project and including a statement of the amount due.
5. Surety waives notice of and any and all defenses based on or arising out of any time
extension to issue notice of award agreed to in writing by Owner and Bidder, provided
that the total time for issuing notice of award including extensions shall not in the
aggregate exceed 120 days from Bid Due Date without Surety's written consent.
6. No suit or action shall be commenced under this bond prior to 30 calendar days after the
notice of default required in paragraph 4 above is received by Bidder and Surety and in
no case later than one year after Bid Due Date.
7. Any suit or action under this Bond shall be commenced only in a court of competent
jurisdiction located in the state in which the Project is located.
8. Notices required hereunder shall be in writing and sent to Bidder and Surety at their
respective addresses shown on the face of this Bond. Such notices may be sent by
personal delivery, commercial courier or by United States Registered or Certified Mail,
return receipt requested, postage pre -paid, and shall be deemed to be effective upon
receipt by the party concerned.
9. Surety shall cause to be attached to this Bond, a current and effective Power of Attorney
evidencing the authority of the officer, agent or representative who executed this Bond on
behalf of Surety to execute, seal and deliver such Bond and bind the Surety thereby.
10. This Bond is intended to conform to all applicable statutory requirements. Any
applicable requirement of any applicable statute that has been omitted from this Bond
shall be deemed to be included herein as if set forth at length. If any provision of this
Bond conflicts with any applicable provision of any applicable statute, then the provision
B13 -06 Asphalt Paving Projects 33
of said statute shall govern and the remainder of this Bond that is not in conflict therewith
shall continue in full force and effect.
11. The term "bid" as used herein includes a bid, offer, or proposal as applicable.
IN WITNESS WHEREOF, the Principal 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 presents to be signed by their proper officers, the day and year first set forth above.
BIDDER:
Strike out (X) non - applicable signature blocks and complete applicable block.
All signatures must have their names printed or type below their signature.
If Bidder is SOLE PROPRIETORSHIP, complete this signature block.
(1)
(Individual's Signature)
(Witness)
(
(Individual's Signature)
doing business as
(Witness)
(SEAL)
(Business Address)
(Telephone No.) (Florida License No.)
B13 -06 Asphalt Paving Projects 34
If Bidder is PARTNERSHIP, complete this signature block.
(
(Partnership Name)
(Witness)
(
(General Partner's Signature)
(Witness)
(SEAL)
(General Partner's Name)
(Business Address)
(Telephone No.) (Florida License No.)
B13 -06 Asphalt Paving Projects 35
If Bidder is CORPORATION, complete this signature block.
(1)
(Corporation Name)
(Witness)
(
(State of Incorporation)
By:
(Witness)
(SEAL)
(Name of Person Authorized to Sign - See Note 1)
(Title)
(Authorized Signature)
(Corporation President)
(Business Address)
( Telephone No.) (Florida License No.)
B13 -06 Asphalt Paving Projects 36
SURETY
Witness: (If agency is not a Corporation)
(Surety Business Name)
(Witness)
(Principal Place of Business)
(2)
(Witness)
S
(Surety Agent's Signature - See Note 2)
(Surety Agent's Name)
(Surety Agent's Title)
(Business Name of Local Agent for Surety)
(Business Address)
Telephone No.) (Bond No.
Attest: (If Agency is a Corporation)
(Corporate Secretary Signature)
(Corporate Secretary Name)
(Corporate Sea])
NOTES:
(1) Complete and attach "Corporate Authority to Execute Documents" if executed by any corporate
employee other than president or vice - president.
(2) Complete and attach a certified copy of "Power -of- Attorney" prepared by Surety appointing
individual "Attorney -in- Fact" for execution of Bid Bond on behalf of Surety and corresponding
notarized "Attorney -in- Fact ".
(3) Above addresses are to be used for giving required notice.
(4) Any singular reference to Bidder, Surety, Owner or other party shall be considered plural where
applicable.
(5) 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 where the project is
located.
B13 -06 Asphalt Paving Projects 37
ATTORNEY -IN -FACT AFFIDAVIT
STATE OR COMMONWEALTH OF
COUNTY OR CITY OF
Before me, a Notary Public, personally came
known to be the Attorney -in -Fact of
Corporation, which (Surety Company)
known to me, and
a
(State)
executed the attached bond as surety, who deposed and said that his signature and the corporate seal
of said
were affixed by order and authority of said Company's Board of
Directors, (Surety Company)
and that the execution of the attached bond is the free act and deed of
(Surety Company)
Given under my hand and seal this
day of
C
(Notary Public)
My Commission Expires
END OF SECTION
B13 -06 Asphalt Paving Projects 38
EXHIBIT C
PERFORMANCE BOND
KNOW ALL MEN BY THESE PRESENTS that
, (hereinafter referred to as "Principal "), and
a corporation organized under the laws of the State of
and licensed to do business in the State of , (hereinafter referred to as
"Surety "), and held and firmly bound unto the City of Ocoee, Florida, as Obligee, (hereinafter
referred to as "Obligee "), in the Penal Sum of , for the payment of which
sum well and truly made, Principal and Surety bind themselves, their heirs, personal
representatives, successors and assigns, jointly and severally, firmly by these presents.
WHEREAS, Principal has by written agreement dated entered into a
contract, (hereinafter referred to as the "Contract ") with Obligee for the construction of Asphalt
Paving Projects for FY 2013 (hereinafter referred to as the "Project ") in accordance with the
plans and specifications prepared by City of Ocoee dated February 2013 and
NOW, THEREFORE, THE CONDITIONS OF THIS OBLIGATION IS SUCH THAT IF
Principal shall well and truly perform all the undertakings, covenants, terms, conditions, and
agreements of said Contract including, but not limited to, the making of payments to persons or
entities providing labor, materials or services to Principal under the Contract, within the time
provided therein, and any extensions thereof that may be granted by the Obligee, and also during
the life of any warranty or guaranty required under said Contract, and shall also well and truly
perform all undertakings, covenants, terms, conditions, and agreements of any and all duly
authorized and modifications of said Contract that may hereafter be made, and shall pay,
compensate, indemnify and save harmless the said Obligee of and from any and all loss, damage
and expense, or from any breach or default by Principal under the Contract, including, but not
limited to, liquidated damages, damages caused by delays in performance of the Principal,
expenses, cost and attorneys' fees, including appellate proceedings, that Obligee sustains
resulting directly or indirectly from failure of the Principal to perform the Work identified by the
Contract, then this obligations shall be null and void; otherwise, it shall remain in full force and
effect and Surety shall be liable to Obligee under this Performance Bond.
The Surety's obligations hereunder shall be direct and immediate and not conditional or
contingent upon Obligee's pursuit of its remedies against Principal, and shall remain in full force
and effect notwithstanding (I) amendments or modifications to the contract or contract entered
into by Obligee and Principal without the Surety's knowledge or consent; (ii) waivers of
compliance with or any default under the Contract granted by Obligee to Principal or by
Principal to Obligee without the Surety's knowledge or consent; (iii) the discharge of Principal
from its obligations under the Contract as a result of any proceeding initiated under The
Bankruptcy Code of 1978, as the same may be amended, or any similar state or federal law, or
any limitation of the liability of Principal or its estate as a result of any such proceedings; or (iv)
any other action taken by Obligee or Principal that would, in the absence of this clause, result in
the release or discharge by operation of law of the Surety from its obligations hereunder.
B13 -06 Asphalt Paving Projects 39
In the event that the Surety fails to fulfill its obligations under this Performance Bond,
then the Surety shall also indemnify and save the Obligee harmless from any and all loss,
damage, cost and expense, including reasonable attorneys' fees and other legal costs for all trial
and appellate proceedings, resulting directly or indirectly from the Surety's failure to fulfill its
obligations hereunder. This paragraph shall survive the termination or cancellation of this
Performance Bond. The obligations set forth in this paragraph shall not be limited by the Penal
Sum of this Bond.
Any changes in or under the Contract or the Contract and compliance or noncompliance
with any formalities connected with the Contract or the Contract or the changes therein shall not
affect Surety's obligations under this bond, and Surety hereby waives notice of any such changes.
Further, Principal and Surety acknowledge that the Penal Sum of this bond shall increase or
decrease in accordance with approved changes or modifications to the Contract.
The said Principal and the said surety agree that this bond shall inure to the benefit of all
persons supplying labor and material in the prosecution of the work provided for in the said
subcontract, as well as to the Obligee, and that such persons may maintain independent actions
upon this bond in their own names.
IN WITNESS WHEREOF, the Principal and Surety have executed this instrument under
their several seals on the day of , 20, the name and corporate seal
of each corporate party being hereto affixed and these presents fully signed by its undersigned
representative, pursuant to the authority of its governing body.
Signed, sealed and delivered
in the presence of:
M .
C
Principal
(SEAL)
(Official Title)
Surety
(SEAL)
(Official Title)
NOTES: If Principal and Surety are corporations, the respective corporate seal should be affixed and
attached.
Surety shall execute and attach a certified copy of Power of Attorney Appointing Individual
Attorney -In -Fact for execution of Performance Bond on behalf of Surety.
END OF SECTION
B13 -06 Asphalt Paving Projects 40
EXHIBIT C
Statutory Payment Bond
Pursuant to Florida Statutes, 255.05, et seq.
KNOW ALL MEN BY THESE PRESENTS, THAT
(hereinafter called the "Principal "), as Principal, and a
corporation organized and existing under the laws of the State of hereinafter
called the "Surety "), as Surety, are held and firmly bound unto the City of Ocoee, Florida,
(hereinafter called the "Obligee "), by bond number in the sum of
Dollars and Cents ($ ), for
the payment of which sum well and truly to be made, the said Principal and Surety bind
themselves, and their respective heirs, administrators, executors, successors and assigns, jointly
and severally, firmly by these presents.
WHEREAS, the Principal has entered into a written Contract with the Obligee dated
, 20_ to perform, as Contractor, in accordance with the Contract and
Contract Documents, which Contract and Contract Documents are hereby incorporated herein by
reference.
NOW, THEREFORE, THE CONDITION OF THIS OBLIGATION IS SUCH, that if the
Principal promptly makes payments to all claimants, as defined in Section 255.05 (1), Florida
Statutes, that provide or furnish the Principal with labor, materials, or supplies, used directly or
indirectly by Principal in the prosecution of the work provided for in the contract, then this
obligation shall be null and void; otherwise it shall remain in full force and effect.
The Principal and the Surety agree that this Bond shall inure to the benefit of all
claimants, as defined in Section 255.05 (1), Florida Statutes, that provide or furnish the Principal
with labor, materials, or supplies, used directly or indirectly by Principal in the prosecution of the
work provided for in said Contract, and that any such claimant may maintain an independent
action upon this Bond in its own name.
The provisions of Florida Statutes, Section 255.05, et seq. are hereby incorporated herein
by reference and made a part of this payment bond including, but not limited to, the notice and
time limitation provisions in subsection (2). Any action instituted by a claimant under this bond
for payment must be in accordance with the notice and time limitation provisions in Section
255.05 (2), Florida Statutes.
IN WITNESS WHEREOF, the above bounden parties have executed this instrument
under their several seals this day of , 20, the name and
corporate seal of each corporate party being hereto affixed and these presents duly signed by its
undersigned representative, pursuant to authority of its governing body.
B13 -06 Asphalt Paving Projects 41
(Principal)
(Name & Title)
(Signature)
Witness or Secretary's Attestation
(Seal)
(Surety)
By
(Name & Title *)
(Signature)
Witness or Secretary's Attestation
*Attach Power -Of- Attorney
END OF SECTION
(Seal)
B13 -06 Asphalt Paving Projects 42
BID #1313 -06 COMPANY INFOR /SIGNATURE SHEET
FAILURE TO COMPLY WITH THESE BID INSTRUCTIONS WILL RESULT IN DISQUALIFICATION
OF YOUR BID. PLEASE SIGN BELOW ATTESTING THAT YOU HAVE READ AND UNDERSTAND
ALL BID INSTRUCTIONS AND THAT THE PRICES REFLECTED ON THE "SCOPE OF WORK /BID
FORM" ARE ACCURATE AND WITHOUT COLLUSION. THE PERSON SIGNING THIS BID SHOULD
HAVE THE LEGAL AUTHORITY TO BIND THE COMPANY INTO A LEGAL CONTRACT.
COMPANY NAME
AUTHORIZED SIGNATURE (manual)
NAME /TITLE (PLEASE PRINT)
STREET ADDRESS
CITY STATE ZIP
FEDERAL ID #
Individual Corporation Partnership
Sworn to and subscribed before me this day of
Personally Known_ or
Produced Identification
(Type of Identification)
TELEPHONE (INCLUDE AREA CODE)
FAX (INCLUDE AREA CODE)
E -MAIL ADDRESS
IF REMITTANCE ADDRESS IS DIFFERENT
FROM PURCHASE ORDER ADDRESS,
PLEASE INDICATE BELOW:
Other (Specify
20
Notary Public - State of
County of
Signature of Notary Public
Printed, typed or stamped
Commissioned name of Notary Public
B13 -06 Asphalt Paving Projects 43
EXHIBIT D
TYPE S ASPHALT CONCRETE QUALITY ASSURANCE AND
ACCEPTANCE PROCEDURES
B13 -06 Asphalt Paving Projects 44
SF,(IT 110 1 )Y,I
'1YPV S ASH1A0A' CO JAL1T
ASSUIRAI�'WE .ra(ND AC'C'➢ +,PTAI�iC'1? 1'I�CfC'li 1y1J1� +',S
331 -1 Description.
331 -1.1 Gelleral: Construct a Type S Asphalt Concrete course (using the Quality Assurance
acceptance system) using the type of mixture specified in the Contract, or when offered as alternates, is
selected. If offered as alternates, meet the layer fhiclaless criteria specified in 331 -1.2. hype S mixes are
identihied as Type S -1, Type 5 -11, or `I'ypc S411. The composition and physical test properties for all mixes
including Type S Asphalt Concrete are shown in "fables 33 1 -I and 33 1 2. This Section establishes
Acceptance Pl OCCdnl'eS for materials and wort: performed under Sections 280.290, 331, 332. 333, 335,
and 337.
Wlicre "Type S Asphalt Concrete is specified in the Contract, if approved by the Engineer,
the equivalent line Type SP Asphalt Concrete mixtlnFe (Traffic Level C) meeting the requirements olI
Section 334 may be selected as an alternate at no additional cost to the Department. The equivalent mixes
are as follows_
TypeS -I .............................. .........................'Type SP -12.5
"Type S- II ............................ ..........................`type SP -19.0
Type 1I1 ............ I ............... ...........................Type S1
Meet the requirements for plant and equipment specified it) Section 320. Meet. the general
construction requirements specified in Section 330,
"Table 331 -1
Bituminous Concrete Mixtures
(Gradation Design Lange) —
T ype
Total Ag gregate P assing Sieves'
3/4 inch
1/2 inch
3/8 inch
No. 4
No. 10
No. 40
No. 80
No. 200
[19.0 mill
[12.5 rmnj
[9.5 nlml
[4.75 mill]
[2.0 mm]
[425 pin
[ 180 1tm
1 p all
ST
100
88 -98
75 -
47 -75
31 -53
19 -35
7 -21
2 -6
M -98
71 -
_
62 -78
4 7 -63
33 -49
19 -35
9 -18
2 -6
5 -111'
100
88 -98
60 -9
-10 -70 (
20 - 45
10 -30
- -6
_
Type 11
_..__-------.-_--
- - - - -—
100
90- 100
80 -100
55 -90
2 -12
Type UI
100 _-
S O- -100
65.
40 -75
20 -45
10 -30
2 -10
SAFIAJ
1.00
0 -12
ABC-1
100
—
_
_
0.12
ABC -2
100
55 -90
0 -12
ABC -3
70 -100
30 -70
20 -60
10 -40
2 -10
VC , -2
100
100
10 -40
4 -12
2 -5
FC -3
100
!S18 -98
60 -90
X10 -70
20 -45
10 -30
2 -6
711 inches [nun] or sieves [pm].
' 100% passing 1 1/4 inch [31.5 mm] sieve and 94 to 100% passing 1 inch [25.0 mm] sieve.
100 % passing 1 1/2 inch [37.5 mm] sieve.
The Engineer ma} increase the design range for the No. 10 [2.00 mm] sieve for lightweight aggregates.
hhe Engineer may retain up to m on the maximum sieve size.
Table 331 -2 Non S1 Units
Marshall Design Properties For BltlmllnOtlS Concrete Mixes
Table 331 -2 SI Units
Mar shall Design Properties For B1tnLl1inOUS Concrete MIYGS
lVlllllllll111]
Flow **
Flow ""
(nun)
Air
Air
Voids
( %) _
Mimintlm
Effective
Asphalt
Content ( %)
Mix
Marshall
6.7*
N /linillmill
14.5
Minimum Eftective
VFA Voids billed yvith
`hype
Stability
(II III
VNIA ( %)
Voids
Asphalt Content (/0)
Asphalt ( %)
65 -75 _
S -11I
in)
2.0 -3.3
n
(�)
1- 6 ,i,a ;
65 -75 _
(lbs.)
2.2 -3.3
1.8 -3.8
18
5-16
6.0
S -I
1,500
8 -1
14.5
4 -5
5 -12
65 -75
S -II
1,50W
8 -13
13.5
4 -5
5 -16
65 -75
S -I1I
1,500 `
8 -13
_
15.5
1 -6
�_. -__ _
- _65 - _. -. - --
`hy ell
500-
3
18
5 -16
6.0
-
Type
750. -1.000
7 -15
15
5 -12
5.5
SAIINI
300 -500
7 -15
IS
5 -16
6 . 0
ABC -1
500
7 -15
15
5 -16
6.0
a; *<
ABC -2
750
7 -15
15
5 -14
5.5
-
ABC -3
1,000
8 -13
14
4 -7
65 -78
F C -2
-
-
-
FC -3
1,500
8 -13
15.5
_ 4 -6
65 -75 _
- -
_ - - - -- -_ -_ .
The mum Marshall Stability for Typc S noses used o limited access facilities (interstate, "fu1 e, and F.spiCssvvays) shall
be 1,800lbs.
* "fhe maximum Flow value during production shall not exceed one point more th,m shown in the I able.
`The ratio of the percentage by weight of total aagatc pas-;in- the No. 200 sieve to the eifecli e asphalt content expressed as
a percentage by weight o f totat mix shalt be in the range of0.6 to 1.2.
Table 331 -2 SI Units
Mar shall Design Properties For B1tnLl1inOUS Concrete MIYGS
Mix Tv le
Mltlllllulll
Marshall
Stability
(kN)
Flow ""
(nun)
Nlininuurl
VMA ( %)
Air
Voids
( %) _
Mimintlm
Effective
Asphalt
Content ( %)
VFA Voids Filled with Asphalt
( %)
S -I
6.7*
2.0 -3.3
14.5
65 -75
S-11
6.7 k
2.0 -3.3
13.5
4 -5
}�� -fi
65 -75 _
S -11I
6.7
2.0 -3.3
15.5
1- 6 ,i,a ;
65 -75 _
Type II
2.2 -3.3
1.8 -3.8
18
5-16
6.0
-
--
Type Ill
3.3 -4.4
1.8 -3.8
15
5 -12
5.5
_
SAI - IhI
1.3 -2.2
1.8 -3.8
15
5 -16
6.0
_____
ABC -1
22
1.8 -3.8
15
-5-16
_ 6.0
ABC -2
3
1.8 -3.8
15
5 -14
5.5
ABC -3
4.4
2. -3.3
14
-1 -7
65 -78
FC -3
6.7
2.0 -3.3
15.5
4-6
a; *<
65 -75
°Itle minimum mm Stability for'Type S mixes used on limited access facilities (Interstate, Turnpike, mid Expressways)
shall be 8.0 kN.
'r'The maximum Flow value during production shall not exceed 0.25 nun more than shown in the Table.
fhe ratio of the percentage by weight of total aggregate passing the 75µm sieve to the eftcctive asphalt content expressed as a
percentage by weight of total mix shall be in the range of 0.6 to 1.2.
The Engineer will accept the work on a LOT to LOT basis in accordance with the applicable
requirements of Sections 5, 6, and 9. The size of the LOT will be as specified ill 33 1 -6 for the bitunninous
lllititure produced at the plant and as stipulated in 331 -7 for the material placed on the roadway.
331 -1.2 Layer Thielmesses:
331-Ll I Somoural I_,ay"m I he aAnuble Asphalt
Concrete mixtures used in structural and overbuild applications is as follows:
Type SA K....51 ..........51 - -- I IN inches [20 — 30 mm]
Type S-1 .... ..1 1/4 - 2 1/2 inches 130 - 60 mmf
Type S- I1 ...............2 — 2 3M inches [SO — 70 mm]
In addition to the minimum and maximum thickness requirements, the folio« -ing
restrictions are placed on Type S mixtures %ben used as a structural course:
'hype S -III Limited to the final (top) structural layer, one layer only.
Type S -1 - May not be used in the first layer of courses over:) 1/2 inches
190 until thick, nor in the lust layer of courses over 2 3PI inches 170 unit thick on limited access facilities.
Type S -11 -- May not be used in the final (top) structural layer.
33 PL21 Additional ReWd mnents: '11ic following requirements also apply to'l'ype S
Asphalt Concrete mixtures:
1. A minimum 1 1/2 inch [40 mm] initial lift is required over an Asphalt Rubber
Membrane hiterlayer (ARMI).
2. ` construction includes the paving of adjacent shoulders ( 45 feet [##1 .5 m]
wide), the layer thickness for the upper pavement layer and shoulder shall be the same and paved in a
single pass_- unless shown differently in the plans.
3. All overbuild layers shall be Type S asphalt concrete. Use the minimum and
maxinuno layer thicknesses as specified in 331 -1.2.1 unless shown differently in the plans. On variable
thickness overbuild layers, the minimum allowable thickness may be reduced by 1/2 inch [13 mm], and the
maxin mn allowable thickness may be increased In inch [13 mm 1, unless shown differently in the plans.
Other variations from these thicknesses must be approved by the Engineer.
331 -2 Materials.
331 -2.1 General Requirements: Meet the material requirements specified in Division III.
Specific references are as follows:
Superpave PG Asphalt Binder or Recycling Agent ...... 916 -1, 916 -2
Mineral hiller . ........ ............................... .........................917 -1, 917 -2
Coarse Aggregate, Stone, Slag or Crushed Gravel .......... Scetion 901
Fine Aggegate .................................. ............................... Section 902
Asphalt concrete mixes containing crushed gravel as coarse aggregate component must
show no potential for sidpping during laboratory testing for mix design verification.
Crushed Reclaimed Portland Cement Concrete Pavement may be used as a coarse
aggregate or screenings component sQect to meeting all applicable specifications.
331 -2.2 Specific Requirmnents:
331 -2.2.1 Condition of Aggregate: Use clean aggregate containing no deleterious
substances. Do not use coarse or One aggregate which contains more than 0.5% of phosphate.
331-2.2.2 ;trine Aggregate and Mineral hiller: In laboratory tests, and for the purpose of
proportioning the paving mixture, consider all material passing the No. 10 12.00 mm] sieve and retained on
the No. 200 175 fun] sieve as One aggregate, and the material passing the No. 200 [75 fun] sieve as mineral
filler.
334223 Screenings: Do not use any screenings in the combination of aggregates
containing more than 15% of material passing the No. 200 [75 µm] sieve. When hvo screenings are
blended to produce the screening component of the aggregate, one of such screenings may contain up to
18% of material passing the No. 200 [75 pal] sieve, as long as the combination of the two does not contain
over 15% material passing the No 200 175 µm] sieve, Screenings may be washed to meet these
requirements.
331 -2.2.1 Use of` Reclaimed A sphali Wement (1tAPY Subject to certain requirements,
Reclaimed Asphalt Pavement (RAP) may be used as a component material of the asphalt mixture. `Vlm - e
the material is recovered from a FDOT project, the Composition of Existing pavement may be available inn
Me Department's web site. The URL for obtaining this information, if available, is:
www1I.nryHmWa. wdmaMnaterialsoff Ice /Bituminous /CentralBit Lab /AsphaltCoinpositions/ Composition
s.hml
RAP may be used as a component material of the bituminous mixture subject to
the following:
1. Assume responsibility (or the design of asphalt mixes which
incorporate RAP as a component part.
2. Do not allow RAP to exceed 60% by weight of total aggregates for
,Asphalt Base Courses nor more than 50% by weight of total aggregates for Structural and Leveling
Courses. Do not use RAP in Friction Courses.
3, Mount a grizzly or grid with openings of a sufficient size to prevent
clogging of the cold feed over the RAP cold bin.
Use a grizzly or grid over the IZAP cold bin, in -line roller crusher,
screen, or other suitable means to prevent oversized RAP material fr0111 SIlONVing up in die completed
recycled mixture.
If oversized RAP material appears in the completed recycled mix.
cease plant operations and take appropriate corrective action.
d. Ensure that the RAP material as stockpiled is reasonably uniform in
characteristics and contains no aggregate particles which are Solt or coriglornerates of fines.
5. Ensure that the RAP has a ndnhmnn average asphah content oN% by
weight of total mix. The Department reserves the right to sample the stockpile in order that dais
requirement is met.
When material milled from the project is used as a component of the asphalt
mixture and a Composition of Existing Pavement is known, use the Rdhwkg proceduns for ubtaining
representative samples for the mix design:
k Chit ten 6-inch [ 150 mm] cores in area(s) approved by the Engineer.
Fill the core holes immediately prior to opening to traffic.
2, Representative samples may also be obtained by milling the existing
pavement to the full depth shown on the plans for pavement removal for a length of approximately 200 feet
[60 m]. Immediately replace the pavement removed with the specified mix in the Contract.
3, Submit a request in writing to the Engineer IN any variance from the
above outlined methods of obtaining samples for mix designs.
When the IZAP to be used as a component in a mix design is stockpiled from a
previous DOT project and the Composition of Existing Pavement is known, design the mix and submit to
the Department for verification.
When the composition of stockpiled RAP to be used as a component in a mix
design is not known, design the mix as follows:
1. Submit a bag of RAP, composed of samples from several locations iu
the stockpHc(s), to the Department at least four weeks prior to the planned start of mix design. The
Engineer will nin viscosities on the reclaimed asphalt pavement and furnish the information to the
Contractor.
2. Run a minimum of six extraction gradation analyses of the IZAP. `fake
the samples at random locations around the stockpile(s).
3. Request the Mugineer to make a visual inspection of the stockpiles) of
RAP. Based on visual inspection, the Mngincer will determine the suitability of tIc stockpiled materials.
4. When the proposed mix design is submitted to the Department for
verification, submit Be data Pram the extractioH gradation analyses required above.
336123 Binder for Mixes with 11AI': Use a PG 67 -22 where RAP is less than 20% by
weight of total i grepwi use a PG 6402 whwe RAP is 20% or greater but Tess than 30% by weight of
total aggregate; use appropriate recycle agent where RAY is 3001 or greater.
The Engineer reserves the right to change binder type and grade at design based
on the characteristics of Be RAP binder, and reserves the right to request reasonable changes during Be
production based on the requirements of 333 1-4.4.4,
331 -21A Use o1' Recycled Crushed (;Iris: Recycled crushed glass may be used as a
component of the bituminous miaturc subject to the following:
1. Consider the recycled crushed Wan a local material and meet all requirements
specified in 902 -6.
2. The percentage of recycled crushed glass in an_y bittimiuot.is mix my does not
exceed 15% of the total aggregate weight.
3. The asphalt binder used with mixtures containing recycled crushed glass
contains 0.5 anti - stripping agent from an approved source, The addition of the specified amount of arnti-
mdpping agent must be certified by the supplier.
:1. 'Pest bituminous mixtures containing recycled crushed glass it] accordance with
AASHTO T 283 as part of the mix design approval. Ile minimum tensile strength ratio niust Hot be less
than 8011. An increase in the amount of alliksh ipping agent may be necessary in order to meet this
requiremenT.
I Recycled crushed Was must not be used in friction course mixtures nor in
structural course mixtures which are to be used as the final wearing course.
3343 PennWhle Variation for the Coarse Aggregate.
Size and uniformly grade or combine the aggregate or aggregates shipped to Be job in such
proportions that the resulting mixture meets the grading requirements of the mix design.
3344 Ckneral Composition of Wturc.
331 -4.1 General: Use a bituminous mixuac composed of a comhirnation of aggregate (coarse, fine
or mixtures thereof), mineral filler, if required, and bituminous material. Ensure that not more than 20% by
weight of the total aggregate used is silica sand or local materials as defined in Section 902. Consider the
silica sand and local materials contained in any RAP material, if used in the mix, in this limitation. Sire,
grade and combine the several aggregate fractions in such proportions that the resulting H ot a meets the
grading and physical properties of the verified mix design.
RAP meeting Be requirements of 331 -12.4 may be approved as a substitution for a
portion ofthe combination of aggregates, subject to all applicable specification requirements being met.
33041 Grading Requirements: In all cases, use a mix design within the design ranges specified
in 11ble 331 -1.
331 -4.3 Mix Design:
3344.3.1 General: Prior to Be production of any asphalt paving mixture, submit a mix
design and representative samples of all component materials to the Department at least two weeks before
Be scheduled start of production. The Engineer will verify the mix design before use. Send a copy of the
proposed mix design to the Engineer at Be same time, (Open - graded Mixes will be designed by the
Mnginecr.) Furnish the following information:
1. Tile specific project on which the mixture will be used.
2. The source and description of the materials to be used.
3. The gradation and approxinnate proportions of the raw mMerials as intmided to
be combined in the paving mixture. The gradation of the component materials shall be representative of the
material at the time Of use.
4. A single percentage of the combined mineral aggregate. passing each specified
sieve. Degradation of the aggregate due to processing (particularly No. 200 X75 lun)) should be accounted
for and identified for the applicable sieves.
5. A single percentage of asphalt by weight of total mix intended to be
incorporated in the completed mixture, shown to the nearest 0.1%. 1 "Or structural mixes (S --I, S -11 and S -111)
establish the optinnum asphalt content at a WTI corresponding to a rnkinnunr of 4.515 air voids. For 111
mixes, establish optinnunl asphalt content at a level corresponding to a n6dmum Of 10% air voids.
6. A single temperature at which the mi0mv is intended tO be discharged from We
pleat.
A 'Me laboratory density of the asphalt mixture for all mixes except Open - Graded
Friction Courses,
req a dements.
during production
9. Evidence that the completed nnknme will meet all specified physical
9. The name of the individual responsible for the Quality Control of the mixture
33LC32 Revision of IN% Design: Submit all requests for revisions to approved mix
designs, along with supporting documentation, in writing to the Engineer. In order to expedite the revision
process, a verbal revision request or discussion of the possibility of a revision request may be made, but
must be followed up with a written request. The verified mix design will remain in effect until a change is
authorized by the F,nghUr. In no case will the effective date of the revision be established earlier than the
date of the. first conumulication with the Lngineer regarding the revision.
Provide a new mix design for any chan�),e ill source of aggregate..
334133 Resistance to Plastic Flow: Include with the submitted mix design lest data
showing that the material as produced will meet the requirements specified in Table 331 -2 when tested in
accordance with FNl I A 245. Further, determine the bulk specific gravity of the laboratory compacted
bituminous nnixture in accordance with FM I -T 166.
Determine the percent of unfilled voids and the percent of aggregate voids tilled
with asphalt using the maximum specific gravity of the bhunllnortS mixture and Orr the asphalt content of
each group of specimens prepared from the same sample. Determine maximum specific gravity of the
bituminous mixture by FM I -"T 209.
33413A Revocation of Wx Design: The Engineer will consider any marked variations
from original test data for a mix design or any evidence of inadequate Field perforimirice of a mix design as
sufficient evidence that the properties of the mix design have changed, and the Engineer will no longer
allow the use of the mix design.
331 - -4.4 Contractor's Quality Control:
331 -4.4.1 Personnel: In accordance with the requirements of 331-5.2 provide the
necessary quality control personnel. Fnsmru that the Quality Control Technician is certified by the
Department and possesses a valid certificate of qualification. When it becomes evident to the Department
that the Quality Control Technician cannot perform as required by the position, the Department will revoke
the certification and require replacennent NOW a ceaHkd technician.
336142 Extraction Gradation Analysis: Sample the bituminous mixture at the plant in
accordance with FM In 168. Determine the percent bitumen content of the mixture in accordance with
FM 5 -563, and determine the percent passing the standard sieves in accordance with FM I - f 030. In the
event the calibration factor for the mix exceeds 0,50 %, conduct the extraction and gradation analysis in
accordance with FM 5 -544 and FM 5 -545, respectively. Show all test results to the nearest 0.01. Carry all
calculations to the nearest 0,001 and rounded to the nearest 0.0 1, in accordance with I DepartmaH's
rules of rounding,
Run a minimum of onw extraction gradation analysis of the mixture for each clay's
or hart of day's production and immediately following any change in the production process. "hake the
duality control sample of mixture for Be eatrackm gradation analysis each day as soon as the plant
operations have stabilized, Obtain the results in a timely manner (rio later than the end of the day) so that
adjustments can be made if necessary.
On initial use ofa Type S or F03 nlia design at a particular plant, as a minimum,
run an additional extraction gradation analysis if more than 500 tons [450 metric tons] of mixture are
produced on the first day of
Extraction gradation analysis will not be required on the days when mix
production is less than 100 tons [90 metric tons]. However, when mix production is less than 100 tons [90
metric tons] per day on successive days, run the test when the accumulative tonna ge on such days exceeds
100 tons [90 metric tons].
Use the target gradation and asphalt content as shown oil the lilix design. Any
changes in target will require a change in Be mix design in accordance with 331- 4.3.2.
If the percentage of bitumen deviates from Be optimum asphalt content by more
than 0.55% or the percentage passing any sieve falls outside Be limits down in "fable 331 -3, make Be
necessary correction. If the results for two consecutive tests deviate from the optimum asphalt content by
more than 0.55% or exceeds Be limits as shown in Table 33 1 -3 for any sieve, stop the plant operations
until the problem has been corrected. In addition, if the results of two consecutive tests show an amount
greater than 91095 passing the Ill inch [12.5 mm] sieve H Type S-I, an amount greater than 910 °%
passing the 3/4 inch [ 19.0 nun] sieve for Type S-II, or an amount greater than 991% passing the 3M inch
115 mm] sieve For Types S411 or FGA, stop Be plant operation until the problem has been corrected.
Maintain control charts showing the results of the extraction gradation analysis
(bitumen content and sieve analysis).
33 0143 Plant Calibration: At or before the start Orin iX production, perform a wash
gradation on a set of hot bin samples for batch or continuous mix plants or belt cut for drum mix plants to
verify calibration of Be plant. When approved by the Engineer, extraction gradation analysis of the mix
may be used to verity calibration of the plant. 'I'his extraction gradation analysis may also be used to fulfill
the duality control requirements for Be first clay's production.
331 -4.4A Viscosity of Ashbalt in Vdizes Containing RAP: When RAP is a component
material, the viscosity of the asphalt material in the bituminous mixhnq determined by the Engineer in
accordance with ASTM D 2171, shall he 6,000 ± 2,000 poises [600 ± 200 Pa-s]. This determination will
be made on samples obtained by the Department on a random basis at a frequency of approxinuttely one
per 2,000 tons 11,800 metric toed of mix.
If the viscosky detcnnined by the Engineer is out of the specified range, adjust the
binder formulation or NOW of RAP in the mis to bring the viscosity within tolerance.
331 -5 Acceptance Procedures.
The Department Nvill approve all materials for acceptance through the Department's Acceptance
Procedures specified herein. The Engineer is responsible for determining the acceptability of the
construction and materials incorporated therein. 'file Contractor is responsible for the quality of
construction and materials incorporated therein. Accomplish all quality control sampling and testing on a
random basis in accordance with the approved Quality Control Plan. 'the Department will perform all
necessary sampling and testing for acceptance purposes on a random basis as specified herein, in addition
to monitoring and observing the Contractor's quality control test procedures and results. Maintain effective
quality control until Final project acceptance.
A LO 'f is clefined as an isolated quantity of a specified material produced G - om a single source or
operation, or it is a measured amount of specified construction produced by the same process. In order to
change the process, thereby necessitating tile. termination of the current LOT and starting a new I,OT,
submit a written request, with justification. to the Engineer Por approval. Obtain the 11nghwei's approval
prior to staking the process chanoe.
Perform all quality control sampling and testing of materials in strict conformance with the Florida
Method of Sampling and "testing as found in the field Sampling and Testing Manual. The Delmorri nt swill
perform all acceptance sampling and testing of materials in strict conformance with the Florida Method of
Sampling and Testing as found in the Field Sampling and Testing Manual. "Phis manual, developed and
distributed by the FDOT Materials Office, contains the detailed sampling; and testing procedures from
AASHTO and ASTM as modified by the Department,
331 -5.1 Acceptance flans:
331.-5.1A Payment Based on Acceptance Results: "the Department will adst ju the
payment for each LO'T of material, product, item of construction or completed construction on the basis of'
acceptance test results in accordance with the requirements specified hereinafter in the applicable Sections.
331 -5.1.2 Resampling of ,0'l's: The Department requires that LO'S of materials,
products, items of construction or completed construction meet the requirements of these Specifications a(
the time of submission. The Department Nwill not take check samples for acceptance purposes.
334113 Referee System: The Department has established a releree system to verify the
validity of the acceptance test results on LOT! M the asphalt plant. The Department will evaluate the
acceptance test results with data from split samples run by the District and Central Labs, The Fngineer will
make a final determination and disposition of the acceptance test results. Acceptance results will be
considered nonrepresentative if the test results Muni the Field and Referee samples differ by more than
0.4410 for asphalt content when obtained by Lhe use of FM 5063 or 0.56% for FM 5 -544. Acceptance
results for gradation will be considered non- representative if the test results from the Field and Referee
samples differ by more than the precision values given in Figure 2 of FM 1 - "1' 030 when using FN4 5 -563
or Figure 2 of FM 5 -545 when using FM 5 -5141 When the referee analysis indicates that one or more test
results are not representative, the Engineer will discard the non- representative test values) and base
payment calculations for the LOT (including the sublot with the non- representative test values) on the
remaining sublot(s) test data as defined 133 1-6.
3345.2 Quality Control by the Contractor: Provide and maintain a quality control system that
provides reasonable assurance that all materials, products and completed construction submitted for
acceptance meet Contract requirements. Develop and maintain a quality control system in conformance
with the following requirements:
I. SCOPI
COP1` RAC"llT R Q>{1A8_X9T CC)I f'1'I�C�R y�l�T�,19>I
These Specifications establish minimum requironents and activities For a Contractor quality
control system. These requirenicnts pertain to the inspections and tests necessary to substantiate material
and product conformance to Contract requirements and to all inspections and tests required by the
COMM.
11. FUNCTIONS AND RI_?SPONSHOLVIES:
L The Dgmon enL "the Department will verify the Conductor's design mixes, inspect plants and
monitor control of the operations to ensure conformance with these Specifications. fhe Department will
design all open- graded friction mixes (FC-2 and FC-5).
At no time will the Engineer issue instructions to the Contractor or producer as to the
setting of dials, gauges, scales and meters. However, the Department's representatives may Wicstion and
wru n the Contactor against the continuance of any operations or sequence of operations that obviously do
not result in satisfactory compliance vvhh the requirements of these Specifications.
1 The Contractor, Sl_ Nnh in writing the proposed Quality Control Plan for each asphalt plant for
the EngbecI's approval. Maintain the approved Quality Control Plan in effect fbr the plant to which it is
assigned until the Engineer rejects it in writing. Inchide in the plan the rumpling, testing, inspection and
the anticipated frequencies of each to maintain process control. A recommended series of sampling, testing
and inspecting activities are shown in fable 331 -4.
RFCONMENDATIONS FOR A CONTRACTOR
QUA Lf1Y CON P LAN
A. All Types of Plants
1. Stockpiles
a. Place materials in the correct stockpile.
b. Use good stockpiling techniques.
c. Inspect stockpiles for separation, contamination, segregation, etc.
2. Incoming Aggregate
a. Obtain gradations and bulk specific gravity (BSG) values from the aggregate supplier.
b. Determine gradation of all component materials.
c. Compare gradations and BSG to nnix design.
3. Cold Bins
Calibrate the cold Cate /feeder belt settings.
Observe operation of cold feed For uniformity.
Dryer
a. Observe pyrometer for aggregate temperature control.
b. Observe efficiency of the burner.
Ilot Bins
a. Determine gradation of aggregates in each bin.
b. Determine theoretical combined grading.
6. Bituminous MixtUl'C
a. Determine asphalt content.
b. Determine mix gradation.
c. Check mix temperature.
d. Verity modifier addition.
B. Batch Plants
I . For batch weights, determine percent used and weight to be pulled from each bin to ensure
compliance with the mix design.
2. Check mixing lime.
3. Check operations of weigh bucket and scales.
C. Continuous Mix Plant
I . Determine gate calibration chart for each bin.
1 Determine gate settings for each bin to ensure compliance with the mix design.
3. Determine gallons NuNc meters] per revolution or gallons [cubic meters] per minute to ensure
compliance with the mix design.
D. Drum Mlxer Plant
1. Calibrate the cold feed and prepare a calibration chart for each cold gate.
2. Develop information Ior the synchronization of the aggregate feed, reclaimed asphalt pavement
( RAP) feed and the bituminous material feed.
3. Calibrate the weigh bridge on the changing conveyor.
The activities shown in Table 33 Mare the normal activities necessary to control the
production of bituminous concrete at an acceptable quality level. The Department recognizes, however,
that depending on the type of process or materials, some of the activities listed may not be necessary aid,
W other cases, additional activities may be required. The Accquency of these activities will also vary with
the process and the materials. When the process varies from the defined process average and variability
targets, increase the frequency ofthese activities until the proper conditions are restored. Take one sample
and test for every 1,000 tons [900 metric tons] of iueouing aggregate (including RAP) as it is stockpiled.
"Pest RAP material for extracted gradation and asphalt content.
Plot and keep up-to-date control charts for all quality control sampling and testing.
Provide control charts for the Following:
a. gradation of incoming aggregates
b. gradation and asphalt content of RAP
c. combined gradations of hot bins
d. extracted asphalt content
e. mix gradation
C. gradation of cold feed (drum mixers)
Post all current control charts in the asphalt lab where they can be seen.
Formulate all design mixes with the exception of open graded friction mixes QN2 and
FC -5). Submit design mixes to the Engineer for verification prior to their use. Provide process control of
all materials during handling, blending, mixing and placing operations.
Ill. QUALITY CONTROL, SYSTEM:
1. General Requirements. Furnish and maintain a quality control system that provides reasonable
assurance that all materials and products submitted to the Engineer for acceptancee meet the Contract
requirements. Pcrform, or have performed, the inspection and tests required to substantiate product
c o i l to Contract requirements, and also perform, or have performed, all inspections and test
n s
otherwise required by the Contract. Keep a quality control technician, who has been certified by the
Department as a Qualified Asphalt Plant Technician (Plant Level 11), available at the asphalt plant at all
times when producing asphalt mix for the Department. Place a person in responsible charge of the paving
operations who is qualified by the Department as a Qualified Asphalt Paving Technician (Paving Level 11).
Document the quality control procedures, inspection and tests, and make that information available for
review by the Engineer throughout the life of the Contract.
2. Documentation. Maintain adequate records oral] inspections and tests. Record the nature and
number of tests made, the number and type of deficiencies Rmmd, the quantities approved and rejected, and
the nature of corrective action taken, as appropriate. The Department may review and approve all
documentation procedures prior to the slat( of the muh. 'Ile Department will take ownership of all charts
and records documenting the Contractor's quality conrol tests and inspections upon completion of Me
work.
3. Charts and Dorms. Record all conforming and nonconforming inspections and test results on
approved forms and charts, and keep them up to date and complete and make them available at all times to
the Engineer during the perfonuance of the work. Prepare charts of test properties for the various materials
and mi, tares on forms that are in accordance with the applicable requirements of the Department. The
Engineer will furnish a copy of each applicable chart and fbrm. Provide a supply of the charts and forms
from the copy furnished. Obtain the Engineer's approval of non-standard forms and charts prior to using
them.
4. Corrective Actions. 'hake prompt action to correct any errors, equipment malfunctions, process
change,, or other problems that result or could resuh in the submission of materials, products or completed
construction that do not meet the requirements of these Specifications. 1Vhen it becomes evident to the
Department that the Contractor is not controlling his process and is making no effort to take corrective
actions, the Department will require the Contractor to cease plant operations until such time as the
Contractor can demonstrate that lie can and is willing to control the process.
5. Laboratories with fvleasuring and Testing Equipment. Furnish a fully equipped asphalt
laboratory (permanent or portable) at the production site, and meeting the following mgWmnwms:
a. Area - Provide an effective working area for the laboratory that is a minimum of 180 li'
[17 ml, This area does not include the space For desks, chairs and 60 cabinets.
b. I .ighling - Provide lighting in the lab adequate to illuminate all areas of work.
c. Temperature Control - Equip the lab with heating and air conditioning units that provide
a satisfactory working enviromnent.
d. Ventilation - Equip the lab with We hoods and exhaust guts that NvHI remove all
hazardous fumes from within the laboratory in accordance with OSHA requirements.
e. Fquipmcnt and Supplies - Furnish the lab with the necessary sampling and testing
equipment, and supplies, for performing Contractor quality control and Depadment acceptance sampling
and testing A detailed list oNquipment and supplies required for each test is included in the Field
Sampling and Testing Manual.
When running plants at a production rate. Furnish additional testing
equipment as necessary to allow the completion of the Conitaet0l'S quality control tests and the
Department's Acceptance tests within the specified time frame.
6. Sampling and 'Testin& the the sampling and testing methods and procedures that the
Department provides to determine quality conformance of the materials and products. The Department will
use these same methods and procedures for its acceptance tests. Include the sampling for other material
characteristics oil a random basis and the plotting of the test results on control charts in the Quality Control
Plan.
7. Alternative Procedures. The Contractor may use alternative sampling methods, procedures and
inspection equipment when such procedures and equipment provide, as a minimum, the quality assurance
required by the CmAract Documents. Prior to applying such alternative procedures, describe them in a
written proposal and demonstrate for the Engineer's approval that their effectiveness is equal to or better
Wan the Contract requirements. In case of dispute as to whether certain proposed procedures provide equal
assurance, use the procedures stipulated by the Contract Documents.
8. Nonconforming Materials. Establish and maintain an effective and positive system for
controlling nonconforming materials, including procedures for identification, isolation and disposition.
Reclaim or rework nonconforming materials in accordance with procedures acceptable to the Engineer.
Discuss the details of this system at the pr amtrudkm conference, and make these details a part of the
record of tale conference.
9. Department Insymdon at Subcontractor or Supplier Facilities. The DeImmmeiit reserves the
right to inspect materials not manufactured within the C'ontractor's facility. The Department's inspection
does not constitute acceptanee and does not, in any way, replace the Contractor's inspection or otherwise
relieve the Contractor of his responsibility to furnish an acceptable material or product. When the.
Department inspects the subcontractor's or supplier's product, site]) inspection does not replace the
Contractor's responsibility to inspect such subcontractor's or supplier's product.
Inspect subcontracted or purchased materials when received, as necessary, to ensure
conformance to Contract requirements. Report to the Engineer any nonconformance found on Department
source - inspected material and require the supplier to tape necessary corrective action.
331 -5.3 Defective Materials:
3345AI Acceptance or Dejection: Following the application of the appropriate
acceptance plan, the Engineer will make the final decision as to the acceptance, rejection or acceptance at
an adjusted payment of the LOU.
334131 Disposition of LOTS For nonconforming 1,O1l's of materials, products, items
of construction or complete construction that are not adaptable to correction by reworking, either remove
and replace the nonconforming wort:, or accept no payment or an adjusted payment as stated in these
Specifications, or, if not stated, as directed by the Engineer.
331 -5.4 Genei al Basis of Adjusted Payment l %r Deficiencies: When the Engineer determines
that a deficiency exists, the Engineer will apply the applicable payment Nictor as shown in these
Specifications to the entire lAff. When the Engineer determines that multiple deficiencies exist, the
Engineer will apply an adjustment to the LOT of material that is identified by each deficiency. The
Engineer will apply the adjustment for each deficiency separately ash occurs. The Engineer will not allow
an adjustment to be affected by any other adjustment occurring for the same LOT. As mi exception to the
foregoing requirements, when there are two or more deficiencies in the gradation acceptance tests (% pass
No. 4 [435 mm] sieve, % pass No. 10 [21 mm] sieve, % pass No. 40 1425 Inn sieve, % pass No. 200 ['75
pm] sieve) the Engineer will only apply the greater adjustment. The Engineer will express all reductions in
payment h terms of equivale.rnt pay items at no pay. When the item is measured by the ton [metric ton], the
Engineer will convert the LOT in the field, which is measured in feet [meters], to equivalent tons [metric
tons] and by using the average calculated spread for that LOT. When the pay item is measured by the
square yard [square meter], the Engineer will convert the LOT at the production point, which is measured
in tons lmetric tons], to equivalent square yards [square ructers] at the design thickness and by rising the
laboratory density is a conversion factor.
331 -6 Acceptance of the Nfixtuti at the Plant.
331 -6.1 General: The Engineer will accept the bltulninOrlS mixture at the plant, With respect to
oradation and asphalt content, on a LOT to I_,0T basis. The material will be tested Ar acceptance in
accordance with the provisions of 33 1 -5 and the following requirements. However, the Engineer will reject
any had or loads of mixture which are unacceptable for reason of being excessively segregated, aggregates
improperly coated, or of excessively high or low temperature for use in the work.
For initial use of a Type S or FC-3 mitt design with a Florida limestone source north of the
28th parallel at a particular plant, limit the first day's production to a maximum of 300 tons [275 metric
tons]. Resume production upon notification of acceptable Marshall properties as determined in accordance
with 331 -6A
A stanclard size LOT at the asphalt plant will consist of 4,000 tons [3,600 metric tons]
with four equal sublots of 1,000 tons [900 metric tons] each. As an exception, the first LOT for the initial
use of a Type S or FC-3 mix design with a particular plant will consist of four sublots, the first sublot of
500 tons [450 metric tons] or the tirst day's production (300 toils [275 metric toes] maximum for mix
design with a Florida limestone source north of the 281 parallel), the second sublot of 500 tons [450
metric tons], and the remaining two sublets of 1,000 tons 1900 metric tons] each.
A parlial 1,0T may occur due to the following:
(I) the completion of a given mix type oil a project.
(2) au approved 1.01' termination by the Engineer due to a change in process,
extended delay in production, or change in mix design.
lithe partial 1,01' contains on<° or two sublots with their appropriate test results, then the
previous full -size LOT will be redefined to include this partial LOT and the evaluation of the 1.07 will be
based on either five or six sublot determinations, If the partial 1,0'x' contains three sublots with their
appropriate test results, this partial 1,0T will be redefined to be a whole LOT and the evaluation ol' it will
be based on three sublot determinations.
When the total quantity of any mix is less than 3,000 tons 12,700 metric tons], file partial
LOT will be evaluated for the appropriate number of sublots ]i n =1 to 11-3. ` Ilcil tilee total quantity of
any mix type is less than -500 tons [450 metric tons], the Department will accept the mix on the basis of
visual inspection. The Department may run extraction '.mid gradation analysis for information purposes;
however, the provisions for partial payment will not appl}.
On multiple project contracts, the LOT(s) at the asphalt plant will carry over from project
to project.
331 -6.2 Acceptance Procedures: Control all operations in the handling, preparation, and mixing
of the asphalt mix so that the percent bitumen and the pere.ents passing the No. 4, No. 10, No. 40 and No.
200 14.75 nun, 2.00 min, 425 µin and 75 pm] sieves will meet the approved job mix formula within the
tolerance shown in Table 33 1 -6,
Table 331 -6
Tolerances fo rhcceptance "ho
Char
_
Asphalt Content (1 xtractiou)
__ Toleranc e ' _
_ ±0.55%
Asphalt Content (Printout)
±0.15%
Passim- No. 4 [4.75 mm] sieve
_ -T- 7.00
Passing No. 10 [2.00 mm] sieve
X5.50%
Passing No. 40 [425 4urn] sieve' I
4.50%
Passing No. 200 175 ]tni] sieve
+2.00 %0
*TOlerallus for sample size of n =1. See "liable 331 -7 for other sample sizes 11=2 through n =6.
1p dies only to Types S -1, S -11, S -III, and PC-3.
Acceptance of the mixture will be on the basis of test results on consecutive random
samples from each 1,01'. One random sample will be taken from each sublol. The bituminous utixture will
be sampled and tested at the plant as specified in 33 1.4.4.2_.
CalctdatlonS for the acceptance test results for bitumen content and gradation (percentages
passing No. 4, No. 10, No. 40 and No. 200 14.75 mm, 2.00 mm, 425 pin and 75 pmt sieves) will be shown
to the nearest 0.01. Calculations for arithmetic averages will be carried to the nearest 0,001 and rounded to
the nearest 0.01 in accordance with the Department's rules of rounding.
Payment will be made on the basis of'fable 33 1 -7, "Acceptance Schedule of Payment ".
The process will be considered out of control when the deviation of any individual test result from the mix
design falls in the 80% pay factor for the "one test" column of'fable 331 -7. When this happens, the LOT
will be automatically terminated and production stopped. The approval of the Engineer will be required
prior to resuming production of the mix. Acceptance of the LOT will then be determined in accordance
with 'fable 331 -7.
All acceptance tests will be completed on the same day the sample was taken, when
possible, and on 110 occasion will they be completed later than the following work day.
Tab Ic .3 > 1 -7
Acceptattce Schedule of Payment ( Plant Mix Characteristics)
Avera0e o f Accumulated Deviations of the Acce ptaace "bests from the Mix DesiLIn.
- 5
Pay factor I -Test 2- 'Pests 3 -Tests 4 -Tests =felts C> -Tests
Asphalt Cement Content (Extraction - FM 5 -544 or 5 -563) _
1.00
0.00 -0.55
0.00 -0.43
0.00 -0.38
0,00- 0.35
0.00- 0.33
0.00 -0.31_
0.95
0.56 - 0.65
0,44 -0.50
0.39 -0.44
_
0.36- 0.40
0.34- 0.37
0.32 -0.36
0.90
0.66 -0.75
0 .51 -0 .57
0.45 -0.50
0.41 -0
0.38 -0
0.36 -0.39
0.80*
over 0.75
over 0.57
over 0.50
over 0.4-5
ove 0.42
over 0.39
Asphalt Cement Content (Printout) -- ------ - - - - --
1.00
0,00 -0.15
0,00 -0.15
- ---- - - - -
0,00 -0.15
0.00 -0.15
0.00 -0.15
0.00 -0.15
0.95
0.16 -0.25
0.16- 0.25
0.1.6- 0.25
0.16- 0 .2.5
_ 0.16 -0.2
0.16 -0.25
0.90
0.26 -0.35
0.26 -0.35
026 - 0.35
0.26 -0.35
0.26 -0.35
0.26 -035
0.80
over 0.35
over 0.35
over 0.35
over 0.35
-
over 0.35
-
over 0.35
No. 4 [4.75 mm] sieve* ;
1.00
0.00 -7.00
0.00 -5.24
0.00 -4.4
0.00- 4.00 _
0.00- 3.68
0.00 -3.45
0.98
7.01 -8.00
5.25 -5.95
_
4.47 -5.04
4.01 -4.50
3.69-4.13
3.46 -3.86
0.95
8.01 -9.00
596 -6.66
5.05 -5
4.51 -5.
4.14 -4.58
3.87 -4.27
0.90
9.01 -10.00
6.67 -7.36
5.63 -6.20
5.01- 5.50
4.59 -5.02
4.28 -4.67
0.80'''
over 10.00
over 7.36
over 6.20
over 5.50
over 5.02
over 4.67
No. 10 [2.00 mm] sieve) "
1.00
0.00 -5.50
0.00 - 4.33
0.00 -3.81
0 -3.50
0.00 -3.29
0.00 -3.13
098
5.51 -6.50
4.34 -5.04
3.82 -4.39
3.51 -4.00
3.30 -3.74
3.14 -3.54
095
6.51 -7.50
5.05 -5.74
4.40- 4.
4.01 -4.50
3.75 -4.18
3.55 -3.95
0.90
7.51 -8.50
5.75 -6.45
4.97 -5.54
4.51 -5.00
4.19 - 4.63
396 -4.36
0,80
over 8.50
over 6.45
over 5.54
over 5.00
over 4.63
over -1.36
No. 40 A
1.00
0.00- 4.50
0.00 -391
0.00 -3.65
0.00 -3.50
0.00 -3.39
0.00 -3.32
098
4.51 -5.50
3.92 - 4.62 -
- � - 3.66 -4.23
_
3.51 -4.00
3.40 - 3.84
3.33 -3.72
0.95
5.51 -6.50
4.63 - 5.33
-4.81
4,01 -4.50
3.85 -4,29
3,73 -4.13
090
6.51 -7.50
5.34 -6.04
_ 4.24 _
4.82 - 5,39
4.51 -5.00
4.30 -4.74
4,14-4.54
0,80"
over 7.50
over 6.04
over 5 .39
over 5.00
over 4.74
over 4.54
No. 200 [75 un] sieve' "`
1.00
0.00 -2.00
0.00 -1.71
0.00 -1.
0.00 -1.50
_ 0.00 -1,45
0.00 -1.41
0.95
2.01-2.40
1.72 -1.99
1.59 -1.81
_
1.51 -1.70
1.46 -1.63
1.42 -1.57
0.90
2.41- 2.
2.0 - 2.27
1.82 -2.04
1.71 -1.90
- - 1_6 4 -1.80
1.58-1.73
0.80'"
o ver 2.80
over 2.27
over 2.04
over 1.90
ov er 1.80
over 1.73
_
*If approved by the 1=;naineer based on an engineering determination that the material is acceptable to remain in place, the
Contractor may accept the indicated partial pay. Othefwise., remove and replace the material at no cost to the Department at any
item,
*'When there are two or more reduced payments Im these items in one LOT of material, only the greatest reduction in payment
will be applied. CAIl"1 [ON: This rule applies only to these four gradation test results.
11S:
NOTES:
(1) The No. 40 [425 pm] sieve applies to Type S -1, S -11, s -III and PC -3.
(2 Deviations are absolute values with no plus 01 minus sins.
331 -6.3 Automatic Bai`ch Plant W th Pidntont: Wept:anre detetminations For asphalt content
for mixtures produced by automatic ba(ch plants Willi printout will be baSC(1 on the calculated bitumen
content using the printout of the weights of asphalt actually used. acceptance determinations for
oradations (No. 4, No. 10, No. 40 and No. 200 [4.75 nml, 2110 nlm, 425 pm and 75 Lain] sieves) will be
based on the actual test results from extraction gradation analyses. Payment will be made based on the
provisions of Table 331 -7.
3346.4 Additional Tests: The Engineer reserves the right to run any test at any time for
informational purposes and for determining the effectiveness of the Contractor's quality control.
331- 6.4.1 Determination of AlainllwH and Volumetric Pi operties: The Engineer will
determine the Marshall and Volumetric. Properlies of the mix at a minimum Spency of one set per LOT,
w determine whether or not the pividuced mix is meeting the specification requirements. Ile Department
will sample and prepare lest specimens and test them in accordance with FNl 5-51 I for Marshall stability
and flow, FM 1 -T 209 for maximum specific ,gravity, and I'M wr 166 for density. Volumetric properties
will be determined for Type S and FC -3 mixes only.
3346.12 Bailing Marshall Properties: When the average value of the specimens fails to
meet specification requirements for stability or flow, the Engineer may stop the plant operations until all
specification requirements can be met or until another verified ndx design has been approved. Make
revisions to a mix design in accordance with 331- 4.3.2. if the Lab Density of the mix during production
differs from the value shown on the verified mix design by more than 2 Ibs /ft' 132 kg /m'] for two
consecutive tests the Engineer will revise the target value.
3346.43 hailing VoWmehic Properties (Type S and BC -3 inixes only): When the
Engineer determines the air void content to be less than 3.0 %, or greater than 6.5%, make appropriate
adjusmaents to the mix. When the air void content is determine(] to be less than 15% or greater than 71%
on any one test, or less than 3.011 on two consecutive tests, cease operations until the problem has been
resolved.
334&4A Resuming Production: In the event that plant operations are stopped due to a
failure to meet specification requirements, obtain the Engineer's approval before resuming production of
the mix. Limit production to a maximum of 300 tons [270 metric tons]. At this time, the Marshall and
volumetric properties of the. mix will be verified. After the Marshall and volumoric properties arc verified,
full scale production of the mix may be resumed.
330151 Disposition of In -Place li'laterial: Any material in -place that is represcnted by
the failing test results (low stability, high flow_ or less than 15% air voids) will be evaluated by the
Engineer to determine if removal and replacement is necessary. Remove and replace any in -place material,
if required, at no cost to the Department.
331 -7 Acceptance of the ]!'fixture at the iKoadivay
331 -7.1 Density, Control Nuclear A10hod: Determine We in-place Limsiq of each course of
asphalt mix construction using the Nuclear Density Backscatte.r Method as specified by FM 1 -'1' 238
(Method B). For a completed course, obtain an average in-place LOT density of at least 98% of the valid
control strip density.
Do not perform density testing on patching courses, leveling and intermediate courses less
than I inch [25 mnd thick (or a specified spread rate less than 101 Ib /# 155kWn?D, overbuild coumes
where the nliuinulna thickness is less than I inch 125 mmL projects less than 1,000 feet [300 m], sections
with variable. width, or open-graded friction courses. Compact these courses, with the exception of open -
graded friction courses in accordance with 330 - 10.1.2.
33471 Control Ships: In order M determine the density of compacted asphalt mixtures for the
purpose of acceptance, first establish a control strip. Construct one or more control strips for the purpose of
determining the control strip density. Construct a control stHp at the beghning of asphalt conslr and
one thereafter for each successive course. Construct a new control Strip for any chailge in the cOlnpOSitiOn
of the mix design, underlying) pavement structure, compaction equillnlent, or procedures. The Engineer
may require an additional control strip when the Fli -ulcer deems it necessary to establish a new control
strip density or confirm the validity of� the control strip density being used at that time. 'I he Cont 111ay
also request a Confirmation of the control strip density. Construct the control strip as a part of a normal
day's run.
Construct a control strip 300 feet [ 100 1111 in length and of an adequately uniform width to
Inanitalll a consistent coITlpactive effort throughout the Section. When CollStruCllllg (he Contl'OI SiClp, Start It
between 300 and l ,000 feet [100 and 300 ill] Crom the beginning of the paving operation. Construct a
control strip of a thieluless that is the same as that specified for the course of which it is a part. Construct
the control ship using the same mix, the same paving and rolling equipment, and the same procedures as
those used in laying the asphalt course of which the control strip is to become a part, heave every control
strip in place to become a portion of the completed roadway.
In order to determine the acceptability of the control strip, make ten nuclear density
determinations at random locations within the control strip after completing the compaction of the control
strip. Do not make any determinations within 12 inches [300 mill] of any unsupported edge. Use the
average ol'these ten determinations for the Control Strip Density. For purposes of determining the percent
of laboratory density, as required in "fable 33 1-8, the Engineer will develop a correction factor at four
nuclear density locations Iionl 6 inch [150 Innl] diauleter cores or by direct transnllssion nuclear
determination where applicable. Cut the cores prior to opening the roadway to hatflc, The Engineer -��ill
calculate the percent of lab density to the nearest 0.01% and round it to the nearest 0.1 %. Should the
percent of lab density in a control ship exceed 99.0 %, notify the E.ngincer immediately
In the event that a control strip does not meet the minimum density requirements specified in Table 331 -8,
take appropriate corrective actions and construct a new control strip. tf three consecutive control strips fail
to sleet specification requirements, the Engineer will liluit production and placelnellt of the nlia to 800 to
1,000 feet 1250 to 300 m], regardless of the thickness and width the Contractor is placing, until the
Contractor obtains a passing control strip.
Once the Contractor has obtained a passing control strip after a failing control strip (for
the same mix, layer, and project), the Department will use tale passing control strip to accept all previously
laid mix. In the event the Contractor does not obtain a passing control strip, and this particular mix, layer,
etc., is completed on the project, the Engineer will evaluate density in accordance with FM 5 -543.
Table 33 1 -8 _
Roadw Requirements for Bituminous Concrete Mixes_
Minimum Control Strip
Mix Type
Density
Density"
Surface Tolerance
(% of Lab Density)
S -I, S -11, S -1I1, Type II, T yp e
pe 331 -7
96
per 330 -12
111, SAI1M
ABC -1, ABC -2, ABC -3
per 280-8.6
96
)er200 -7
FC -2
No density
NSA
per 330 -12
required
FC -3
per 331 -7
96
per 330 -12
* The minimum control strip density requirement for shoulde is 95 of lab densi
331 -7.3 LOTS: For the purpose of acceptance and partial payment, the Engineer \vill divide each
day's production into LOTS. The Lngineer vYlll close out all I,OTs at the cnd of the day. 'I'llc standard size
of a LOT is 5,000 feet [ 1,500 ]II] of any pass made by the paving train regardless of the width of the pass
or the tllicl<lle of the course. A sublot will be 1,000 feet [300 mJ or less. fhC Engineer will consider
pavers traveling ill echelon as two separate passes. When at the cud of a production clay, the completion of
a given course, layer, or mix, or at the completion of the pro - ject, and a LOT size is detcrtnined to be less
than 5,000 feet 11,500 m], it will be considered a partial LO r. I Iandle partial LOTS as Follows:
if the length ofthe partial LOT is 2,000 feet [600 nil or less, and a previous full -size L,OT
from the same day, mix, layer, and project is available, then the previous firlt -size LOT will be redefined to
include this partial LOT and the nuutber of tests required for the combined LOT will be as shown in Table
331 -9.
Ifthe partial LOT is 2,000 feet 1600 mj or less, and a previous full -size LOT From the
saute day, mix, layer, and project is not available the Engineer will evaluate the partial 1,01' separately and
per1,61 the number of tests required for the partial LOT as shown in "fable; 33 1 -9.
If the partial LOT is greater than 2,000 feet [600 m] long, the Engineer will evaluate the partial LOT
separately and perform the number of tests required for the partial l_,OT as shown in Table; 33 1 -9 .
Table 331 -9
testing Requirements for Partial LOTS _
LO Size
Number o_f_ _
Less tha 3,000 feet [900 m]
_ 3
_
3,001 to 4,000 feet 1901 to 1,200 ill
�1
24,001 to 5,000 feet [ 1,201 to 1,500 m]
_
5,001 to 6,000 feet [1,501 to 1,800 m]
6
6.001 to 7,000 feet [1,801 to 2,100 ml
7
Greater tlrau 7,000 feet [2,100 ui]
2 LOTS
For each LOT and partial LOT, the Engineer will make density determinations at a
fi shown in Table 331 -9 at random locations within the LOT, but will not take theta within 12
inches [300 1111111 of any unsupported edge. The F,ngincer will determine the random locations by the use of
statistically derived stratified random number tables. For the Contractor to receive full payment for density,
the average density of a LOT shall be a minimt1111 01'98.0% of the control strip density. Once the Engineer
determines the average density of a LOT, do not provide additional compaction to raise the average. Notify
the Engineer should the average density for two consecutive LOTs be greater than 102% of control strip
density.
331 -7.4 Acceptance: The Engineer will accept the completed pavement with respect to density on
a LOT basis. The Department will make partial payment for those 1,0 'ts that have all average density less
than 98.0% of tlic Control Strip Density based on Table 331 -10:
Table 331 -10 _
Payment Schedule For DeL
Percent of Control Strip Density*
Percent of Payment
98.0 and above
I00
97.0 to Tess than 98.0
9 5
96,0 to less than 97.0
90
Less than 96.0
75
In calculating the percent of control strip density, do not round off the final percentage
it approved b) the Cngineer, based on an engineering determination that the material is acceptable to remain in place, the
contractor may accept the indicated partial pay; otherwise, remove and replace the material at no expense to the Department. Ike,
Cont ractor may removo and replace the material at no expense to the Department at ally time.
33015 Density Rcttlidi niens I& SlUall 1'rojes:ts and 01her Mon - mainline Rwadway Areas:
For projects less than 1100 feet 1300 mf in length and bri ige projects with approaches less than MY) feel
1300 mj each side, do not apply the requirements for control strips and nuclear density determination. Use
We standard rolling procedures as specified in 330-10. 0J.2. I)o not apply the provisions for partial payment
to We small projects.
In other non-mainline roadway areas where 1 is not practical to establish n control strip,
such as parking areas, toll plazas, turn lanes, and acceleration /deceleration lanes, the Conhvactor may use
the standard rolling procedure to determine density requirements if so authorized in writing by the
Engineer.
3314.6 SurlAce'Weranee: The bituminous mixture will be accepted on the roadway with
respect to surface tolerance in accordance with 330 -11
3348 Method of Nknswvuwxit
fIle quantity to be paid for will be the weight of the mixture, ill tons [metric tonsf , completed and
accepted. The weight will be determined as provided in 320 -2 (including the provisions for the automatic
recordation system).
The bid price for the asphalt mix will include the cost of the liquid asphalt or the asphalt recycling
agent. There will be no separate payment or unit price nQusimcut for the bituminous material in the
asphalt mix.
331 -9 Basis of I'aymeol:
Price and payment will be full compensation for all the wort: specified snider this Section..
including the applicable requirements of Sections 320 and 330.
Payment will be made under:
Item No. 331- 2- Type S Asphaltic Concrete - per sou.
Item No. 2331- 2- 'Type S Asphaltic Concrete - per metric ton.
EXHIBIT E
Plansheets C1 -05, also available as a .pdf attachment on Demandstar.
B 13 -06 Asphalt Paving Projects 45
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