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125 vORDINANCE NO. 125 An Ordinance providing for the opening, grading and; paving of a portion of those certain streets of the Town of Atlantic Beach., as shown on plat of Salt A'rySe corded in Plat Book 10, page.580f cu r public records of Duval County, Florida , viz : The street desig- nated on said plat as Park Avenue (now known as David Avenue) from Salt Air Boulevard North- westerly to Belvedere Street , Belvedere Street Northeasterly from said Park Avenue (David Avenue) to Sea Spray Avenue, Sea Spray Avenue Southeasterly from Belvedere Street to Salt Air Boulevard; and providing for the payment of the entire cost of said improvements , including all engineering and inspection costs , by the imposition and levying of special assessments to be levied and assessed against the property fronting or abutting such improvements in proportion to the benefits bestowed upon the proper- ty assessed and providing that a contract for the doing of said work shall be let to the lowest responsible bidder and that such contract and any contract or agreement made by the said Town for engineering and inspection services shall each provide that the said Town of Atlantic Beach shall exercise its power and authority to impose special assessments for the cost of said improvements against the property to be specially benefited as the result of the construction thereof and that all revenue derived from the payment of such special assessments shall be deposited as re- ceived into a special account or fund and used and ap- plied solely and exclusively in the payment for engi- neering and inspection services as provided in the con- tract or agreement for such services and to the con- tractor for the amount payable to the contractor for the construction of said improvements as provided in the contract between the contractor and said Town, and that the said Town shall incur no liability to pay engi- neering or inspection fees or compensation or to pay such contractor any sum or amount for the doing or prosecution of said work except out of said fund and that the said Town shall not warrant, b e responsible for or guarantee either the collectibility or the va- lidity of said special assessments or any of themi) and providing further that the work contemplated hereunder and the special assessments to be levied therefor shall be done and provided for in the manner prescribed by Section 37 , Chapter 13907, Laws of Florida, Special Acts of 1929 and Chapter 9298, Laws of Florida, Acts of 1923 ; and providing for other matters relating thereto. Be it ordained by the Mayor and Town Council of the Town of Atlantic Beach, Duval County, Florida: Section 1. It is hereby ascertained, determined and de- clared that the public health, safety, order, convenience, com- fort, and general welfare of the Town of Atlantic Beach in Duval County, Florida, require that the portion of those certain streets of said Town hereinafter described and desig- nated be opened, graded, paved and' improved in accordance with the plans and specifications hereby adopted and approved and attached hereto and by reference made a part of this Ordinance ; and said improvement is hereby ordered to be made. Section 2. It is hereby ordered that all the parts or portions of those certain streets of said Town of Atlantic Beach, as shown on plat of Salt Air, Section 1, recorded in Plat Book 10, page $, of the current public records of Duval County, Florida, and on plat of said Salt Air, Section 2, recorded in Plat Book //e7 page / of said records, viz: Park Avenue (now known as David Avenue) from Salt Air Boulevard Northwesterly to Belvedere Street , Belvedere Street Northeasterly from said Park Avenue (David Avenue) to Sea Spray Avenue , Sea Spray Avenue Southeasterly from Belvedere Street to Salt Air Boulevard, be opened, graded, paved and improved in accordance with said plans and specifications. Section 3. The total estimated cost (including all engi- neering and inspection costs) of constructing said improvement and completing the said work contemplated hereunder is the sum of $7560.00; the total cost of said improvement shall be fi- nanced, paid and defrayed by the imposition and collection of special assessments to be levied and assessed against and upon all lots and lands adjoining and contiguous or bounding and abutting upon such improvement specially b enefited by reason of the construction of said improvement. Section 4. It is hereby ascertained, determined and de- clared that all lots and lands adjoining and contiguous or bounding and abutting upon said above described parts or portions 2- of said several streets will be specially benefited by the improvement provided for in this Ordinance in excess of the estimated amount of the special assessment to be distributed and prorated among the said several lots and lands to be assessed; to pay and defray said cost of said improvement special assessment, in the manner hereinafter provided, shall be imposed, levied and assessed against and upon all such lots and lands adjoining and contiguous or bounding and abutting upon said improvement to be specially benefited by reason of the construction of said improvement, in an amount which shall in no event exceed the special benefit accruing to the property assessed , the unit or basis for distributing the special assessment to b e so imposed, levied and assessed shall be according to the front footage of such property fronting or abutting upon said improvement in the proportion that the portion or lot or parcel of land to be assessed bears t o the total front footage of all such property fronting or abutting upon said improvement. The estimated amount of cost per front foot as special assessment to be levied and assessed against and upon such lots or parcels of land fronting or abutting upon said improvement is the sum of 0 .7$ per front foot. Section 5. No taxes shall ever be levied or required to be levied (in addition to the said special assessments) for pay- ment for the cost of said improvement or any part thereof, and no money shall be taken or diverted from any other funds of said Town to be used or applied to the payment or discharge of the cost of said improvement. A contract for the doing of said work shall be let to the lowest responsible bidder and such contract and any contract or agreement which may be made by said Town for engineering and inspection services , shall each provide that the said Town shall exercise its full power and authority to impose special assessments for the cost of said improvement 3- against the property to be specially benefited as a result of the construction thereof and will take such steps or proceedings as may be necessary or proper to have such special assessments levied, assessed and imposed as liens upon the lands against which assessed and so remain until paid; and that all of the revenue derived from the payment or settlement of such special assessments shall be deposited as received into a separate and special account to be desig- nated "Salt Air Street Improvement Fund" and no money so deposited therein shall be withdrawn or disbursed therefrom by the Town e xcept in the payment and discharge of the cost of construction (including the cost of engineering and inspection service) of said improvement or to defray expenses of collecting said special assessments as herein provided; that the deposits of said account shall from time to time be disbursed and paid to the engineers , inspectors and contractors respectively until the respective amounts due them for work, labor, services and materials furnished or supplied in or about the construction of said improvement are fully paid; that said Town will exert reasonable effort to make collections of said special assess- ments and will supply the necessary clerks and machinery for that purpose ; that said Town will keep proper books and accounts in which co:iiplete and correct entries shall be made in accordance with standard accounting practices of all collections of special assessments ; that anyone to whom any money may be payable for labors , services or materials furnished or supplied in the con- struction of said improvement shall have the right at all times to inspect said records and accounts ; that all amounts that may become payable to or may be earned by anyone furnishing labor, service or materials in the construction of said improve- ment shallbe payable solely out of the revenue derived from the 4- collection of said special assessments and deposited into said fund; that in the event any assessment installment remains unpaid for a period of 90 days after becoming due, foreclosure proceedings to enforce payment thereof will be instituted by said Town in its own name upon the written request of anyone entitled to any payment out of said fund provided the reasonable expense of such foreclosure proceedings including attorney' s fees shall be available to be deducted and paid from said fund but in the event sufficient funds for said purpose are not available from said fund for said purpose, the person or party requesting the institution of said suit shall advance said foreclosure costs and indemnify and hold harmless said Town in such manner as the Town Council may require against any and all such costs in which event such advances shall be repaid and refunded to person or party advancing the same from the said fund as the same becomes replenished with funds de- rived from the collection of said special assessments; that said Town does not and shall not warrant , be responsible for or guarantee either the collectibility or the validity of said special assessments or any of them. Section 6. The special assessments to be levied and assessed to pay and defray the cost of said improvement shall be levied and assessed in the manner and in accordance with the procedure pro- vided for in Section 37 of Chapter 13907 , Laws of Florida, Special Acts of 1929 and Chapter 9298, Laws of Florida, Acts of 1923 . Section 7. This Ordinance shall take effect immediately upon its passage and approval by the Mayor. Passed by the Town Council on first reading, June 20, 1949. Passed by the Town Council on second reading , June 20, 1949. 5- Passed by the Town Council on third and final reading and approved by the Mayor, June 27, 1949. OF Attested: (2 Town Clerk 0( Approve- : Iayor 6- 1 ''• PAVING SPECIFICATIONS TOWN OF ATLANTIC BEACH FLORIDA DEFINITION OF TERNS Whenever in these specifications the following terms or pronouns n place of them are used, their intent and meaning shall be interpre- ated as follows : TOWN: The Town of Atlantic Beach, Florida . TOWN COUNCIL: The Town Council of the Town of Atlantic Beach, Fla ENGINEER: The Contracting Engineer for the Town of Atlantic BeacL lorida . INSPECTOR : An authorized representative of the Town Council assigned to inspect any of the materials or workmanship entering into he improvement . BIDDER: Any individual, firm or corporation, submitting a pro- posal for the work contemplated. CONTRACTOR: Any individual, firm or corporation entering into agreement to perform the work specified herein. CONTRACT : The articles of agreement between the Town and the ontractor covering the work to be performed including the plans and specifications SURETY: The corporate body which is bound with and for the Contractor, who is primarily liable , and which agrees to be responsible for the payment of all debts pertaining to, and for his acceptable performance of the work for which he has contracted. PROPOSAL: The approved prepared forms on which the bidder is to submit , or has submitted his , their, or its proposal for the work contemplated. PLANS : The official plans , cross-sections or other drawings or reproductions thereof , pertaining to the wcrk to be done . SPECIFICATIONS : The directions , provisions and requirements ontained herein, together with all written agreements made or to be made pertaining to the methods or manner of performing the work, or of the quantities and qualities of materials to be furnished under the contract . INSTRUCTIONS TO BIDDERS EXAMINATION OF PLANS, SPECIFICATIONS AND SITE OF WORK The bidder is required, before submitting his proposal, to visit the site of the proposed work and to familiarize himself with any local conditions that may in any manner affect the work't o be done ' and the nature and extent of the work, also the equipment , materials , and labor required. He is also required to examine carefully the plans and specifications and form of contract and bond and to inform him- self thoroughly regarding any and all conditions and requirements that may in any manner affect the work to be performed under the contract . Ignorance on the part of the contractor will in no way relieve him of the obligations and responsibilities assumed under the contract . INTERPRETATION OF THE APPROXIMATE ESTIMATE Bidders are cautioned that the estimate of quantities shown on the proposal form is approximate only and is given merely as a basis of comparison upon which the contract may be awarded. The right is re- served to change any or all of the quantities shown or to omit any portions that the Engineer may deem necessary as provided for else- where in these specifications. No allowance will be made for antici- pated profits FAMILIARITY WITH LAWS , ETC . The bidder' is assumed to be familiar with all Federal, State, and Local laws , Ordinances , Rules and Regulations that in any manner af- fect the work. Ignorance on the part of the bidder will in no way re- lieve him from responsibility. PROPOSAL FORMS The bidder must submit his proposal in a form perscribed by the Town Council. The blank spaces must be filled in correctly for each and every item for which a quantity is given. The bidder must state the price , written in ink, both in words and numerals , for which he pro- poses to do each item of work called for. All papers bound with or attached to the proposal form are a necessary part thereof anu must not be detached. SIGNATURE ON PROPOSALS The bidder must sign his proposal correctly. If the proposal is made by an individual , his name and post office address must be shown. If made by a firm or partnership, the name and post office address of each member ' of the firm or partnership must be shown. If made by a corporation, the person signing the proposal shall show the name of the State under the laws of which the C orporation'was chartered, also the names and business addresses of its President , Secretary, and Treasurer. The proposal shall bear the seal of the corporation • attested by the Secretary. Any one signing the proposal as agent , shall file with the proposal legal evidence of his authority to do so. GUARANTY TO ACCOMPANY Each proposal must be accompanied by a proposal guaranty of the char- acter and amount indicated in the proposal form or advertisement . DELIVERY OF PROPOSALS Each proposal must be placed in an envelope, sealed and endorsed on the outside , " BID FOR STREET PAVING SALTAIR SUB-DIVISION" . If de- livered by mail , this envelope must be placed in another envelope and addressed to the Town Council, Town of Atlantic Beach Florida. The proposal shall reach the Town Hall, Atlantic Beach, Florida , not later than the day and hour stated in the advertisement . WITHDRAWAL OF PROPOSALS A bidder may withdraw his proposal without prejudice to himself, by communicating his purpose in writing to the Town Supervisor , T own of Atlantic Beach, Florida, and when reached it will be returned to him unopened. QUALIFICATION OF BIDDERS The contract will be awarded only to responsible contractors, qualified by experience to do the work specified herein. The bidder must submit ' with his proposal satisfactory evidence of his experience in like work; and that he is fully prepared with the necessary organization, capital, equipment, and machinery, to complete the work to the satisfaction of the Town ouncil within the time limit stated in the proposal. DISQUALIFICATION OF BIDDERS More than one bid from an individual, firm, partnership, corporation or association under the same or different names will not be considered. Reasonable grounds for believing that a bidder is interested in more than one proposal for the same work will cause the rejection of all proposals in which such bidders are believed to be interested. Any or all proposals will be rejected• if there is reason to believe that coll- asion exists among the bidders , and all participants in such collusion will not be considered in future proposals for the same work. Propos- als in which the prices obviously are unbalanced will be rejected. RIGHT TO REJECT PROPOSALS Right is reserved to reject any or all proposals. AWARD OF THE CONTRACT The award of the contract , if it is awarded, will be to the lowest and best responsible bidder whose proposal shall comply with the require- ments of these specifications . In no case will the award be made until all necessary investigations have been made into the responsibility of the low bidder and the Town Council satisfied that the low bidder is' qualified to do the work and has the necessary organization, capital, and equipment to carry out the provisions of the contract to the satis- faction of the Town Council within the time specified. RETURN OF THE PROPOSAL GUARANTY As soon as t he. bid prices have been compared, the Town Council may, at its discretion, return the "guaranty deposits" accompanying such propos als as in its judgment would not likely be considered in making the a- ward. All other proposal guarantees will be held until the contract and bond have been executed, after which they will be returned to the respective bidders whose proposal they accompany. BONDS Good and sufficient bond, in the penal sum of not less than twenty-five 25%) per cent of the estimated amount of the contract , with a surety company, satisfactory to the Town will be required from all contractors guaranteeing that their contract will be faithfully performed; that the contractor or contractors will save the Town harmless on account of all claims for damages to persons , property or premises arising out of his or their operations prior to the acceptance of the finished work; and that he or they will promptly make payment to all persons supplying him or them labor, material and supplies used directly or indirectly by the contractor , contractors , sub-contractor or sub-contractors in the pro- secution of the work provided for in said contract . In the event that the surety company becomes unsatisfactory to the said Town, it may, in its discretion, require from the contractor an additional or new bond in•the same or lesser penal sum with a surety company satisfactory to it , and to be conditioned as above required. Upon the failure to fur- nish such additional or new bond within ten days from date of written notice so to do, all payments under its contract will be withheld until such additional bond is furnished. EXECUTION OF CONTRACT The individual, firm, or corporation to which the contract has been a- warded shall sign the necessary agreements entering into contract with the Town Council, and return them to the Town Council within ten(10) days. No contract will be considered binding upon the Town Council until it has been properly executed. FAILURE TO EXECUTE CONTRP.CT Failure on the part of the contractor to execute the contract as re- quired will be just cause for the annulment of the award and in the event of the annulment of the award, the amount of the guaranty deposi- ted with the proposal, shall be forfeited to the Town, not as a penalt; but as reasonable , fixed and liquidated damages. The award may then be made to the next lowest bidder or the work re-advertised as the Town Council may elect. SUBLETTING OR ASSIGNING OF CONTRACT A contractor shall not sublet , sell, transfer , assign or otherwise dis pose of the contract or any portion thereof or of the -work provided for therein or of his right , title or interest therein, to any person, firm or corporation without the written consent of the Town Council. PATENT FEES, ROYALTIES AND LICENSES If the contractor is required or desires to use any design, trademark, devise , material or process covered by letters patent or copyright , he shall provide for such use by suitable legal agreement with the patentee or owner of such patent or copyright and a copy of the agreement shall be filed with the Town Council. If no such agreement is made or filed, the contractor and the surety :shall indemnify and save harmless the Town Council from any and all claims'for infringe- ments by reason of the use of any such patented design, devise , trademark, copyright , material or process in connection with the work agreed to be performed under the contract and shall indemnify the Town Council from any cost , exercise, or damage which it may be obliged to pay' by reason of any infringement at any time during the prosecution of, or after the completion of the work. GENERAL PROVISIONS SCOPE OF THE WORK The contractor shall furnish each and every item of labor, together with all materials , tools , equipment and machinery necessary to - complete fully the improvement as planned. He shall do all grading, remove all old sidewalks at pavement crossings , trees , or other like obstructions. In short , he will build the street complete as planned ; and when finished leave the street and adjacent walks neat and clean. PROSECUTION OF WORK The contractor shall begin the work on such day as the Engineer may designate and shall proceed with said work in the order designated from time to time by said Engineer. The work shall be conducted in such a manner and with sufficient labor , materials , tools and equip- ment necessary to complete the work. Should the organization of the contractor or its management , or the manner of carrying on the work be manifestly incompetent or inadequate to do the work as specified within the stated time , then the T own Council shall have the right to take charge of the work and furnish and provide the labor , materials , and equipment • necessary to complete the work as planned within the required time , and the cost of all such work charged against the con- tractor and his Surety shall be held responsible . SUNDAYS AND LEGAL HOLIDAYS No work shall be done on Sundays or legal holidays except so ordered in writing by the Engineer. CHARACTER OF WORKMEN AND EQUIPMENT All workmen employed by the contractor shall be experienced in and capable of doing the kind of work assigned to them. Any workman whom the Engineer may deem incapable of doing the kind of work assigned to him or who uses profane or abusive language to the inspector or who interferes with the work of the inspector or who disobeys or evades the instructions of the Engineer shall be discharged and shall not again be employed on the work. All equipment provided by the con- tractor shall be first class, standard equipment , thoroughly adequate for the work for which it is to be used. Failure on the part of the contractor to furnish such labor and equipment shall be sufficient cause for the annulment of the contract . COOPERATION OF THE CONTRACTOR The contractor shall remain on the.wo rk or keep an authorized repre- sentative on the work at all times , to carry out the instructions of the Engineer. He shall provide all reasonable facilities to enable the Engineer or his inspectors to inspect the materials and work- manship entering into the work and he shall cooperate in setting and preserving stakes , bench marks , etc . for controlling the work. PERMITS AND LICENSES The contractor shall procure all permits and licenses , pay all charges and fees and give all notices necessary to the due and law- ful prosecution of the work. The Town will furnish to the contract- or all water necessary to be used in the construction of the work as set out in the proposal. PUBLIC SERVICE, POLES , PIF'E , _ ETC . The various p t....ic s(.rvice companies are required to move, relocate or readjust any poles , pipe and conduits belonging to them that it may be necessary to remove or readjust. When any such pole or pipe or conduit is encountered the contractor shall promptly notify the proper company. ALTERATION OF PLANS AND SPECIFICATIONS The Engineer reserves the right to make such changes in the plans or character of the work as he may consider necessary or desirable from time to time to complete fully the work as contemplated, provided such changes do not change materially the original plans and specifications and such alterations in the plans or specifications shall not be con- sidered as a waiver of any condition of the contract nor invalidate any of the provisions thereof. Should such alterations result in an in- crease or decrease in the quantity of work to be performed, the con- tractor shall be paid for such increase or shall give credit for such decrease , as the case may be , the amount of such increase or decrease to be determined according to the unit price shown in the proposal or in case no unit prices are shown in the proposal for such additional work then the contractor's compensation shall be determined as provid- ed for under "Unclassified Work" . UNCLASSIFIED WORK Upon written instructions ' from the Engineer, the contractor shall per- form such additional work, for which no provision is made in the plans or specifications as the Engineer may consider necessary for the proper completion of the work and such additional work shall be done in the best workmanlike manner according to the instructions of the Engineer. This work will be paid for at such prices as may be agreed upon in writing between the contractor and the Town Council before the work is done . When such prices are not agreed upon or when this method of pay- ment is impractical, the contractor shall do such work and shall be paid the actual cost of such work - not including over head - plus fifteen (15%) per cent . UNAUTHORIZED WORK Work done without lines and grades being given, work done behond lines and grades shown on the plans or as given, or any extra work done with- out written authority will be considered as unauthorized work and will not be paid for by the Town Council and when so ordered by the Engineer such work shall be removed and properly replaced by the contractor at his own expense. LAWS TO BE OBSERVED The contractor shall observe and comply with all Federal, State and Local Laws, Ordinances and Regulations that in any manner affect the conduct of his work and shall indemnify and save harmless the Town and all its officers , agents , and employees against any claim or liability arising from or based upon the violation of any such law, ordinance or regulation, whether by himself or his employees . SANITARY PROVISIONS The contractor shall provide and maintain in a neat sanitary condition such accommodations for the use of his employees as may be necessary tc comply with the regulations of the State Board of Health or other bodies having jurisdiction. He shall commit no public nuisance. CONTRACTOR'S RESPONSIBILITY FOR THE WORK Until the final acceptance of the improvement by the Town Council it shall be under the charge and care of the contractor. He shall take every precaution to protect the work from damages by the elements orfromanycausewhatsoeverandheshallrepairandmakegoodathisown expense any such damage. He shall provide and maintain suitable, strong and substantial barricades and "Street Closed" signs wherever necessary, which signs and barricades shall be kept lighted from sun- down with suitable red lights. The contractor shall save and keep harmless the Town, its officers and employees from any and all such claims for damage to persons or property sustained during the prosecu- tion of the work. TESTS AND SJNPLES OF MATERIALS Only materials meeting the requirements of these specifications shall be used in the work. The Engineer and his inspectors shall have access to all parts of the work at all times and to all materials intended foruseintheworkaswellastothefactorieswheresuchmaterialsare manufactured. Materials will be inspected and passed upon as promptly as practicable and none shall be used in the work until they have been approved. The work will be approved as it progresses , but failure to reject do ttanyve time before the finaat thetime it l acceptance of the done shall in no w improrevent vement. LINES rejection at any LINES AND GRADESTheEngineershallfurnish all the lines and grades necessary in laying out the work and such stakes and markings as the Engineer mayset forbyhisownorthecontractortsguidanceshallbescrupulouslypreserved the contractor. In case of negligence on the part of thec ontractor or his employees resulting in the destruction of such stakes or mark-ings the contractor shall pay for replacing the same at the rate of twc dollars ; 2.00) per point , which amount will be deducted from any moneys due the contractor under the contract . AUTHORITY AND DUTIES OF INSPECTORS The Town Council may appoint inspectors to inspect any and all materi- als and work. Such inspection may extend to any or all parts of the work and to the preparation and manufacture of-the materials to be use( The inspectors will not be authorized to alter, revoke , enlarge or re- lax the provisions of these specifications now will they be authorized to approve or accept any portion of the completed work, nor to issue instructions contrary to the plans and s pecifications. An inspector i,_ placed on the work to keep the Engineer informed as to the progress of the work and the manner in which it is being done, also to call the attention of the contractor to any infringement upon the plans or specifications. The inspector will have authority to reject defective materials or to suspend any work that is being improperly done. DEFECTIVE WORK OR MATERIALS All materials not meeting the requirements of these specificationsshallbecondemnedasdefectiveandallsuchmaterialwhetherinplace or not shall be removed immediately from the site of the work. No material which has been rejected, the defects of which have been cor- rected, shall be used until approval has been given. All work that has been condemned or rejected shall be remedied, or if necessary, shall be removed and replaced houtanunaecessaryedelaymanner by the contract- or at his own expensea FAILURE TO REMOVE DEFECTIVE MATERIALS OR WORKUponthefailureofthecontractorpromptlytoremove and properly disposeofrejectedmaterialsor'work and to replace same immediately after being notified so to do, the Engineer may employ labor and re- moveofand replacefective ontractorrkandrdeduct1alssuchandamountrfrome he anyost of the same agar moneys due him. SUSPENSION OF THE WORK The Engineer shall have the right to suspend the work wholly or in part, for such period or periods as he may deem necessary, due to unsuit- able weather, or for such other conditions considered unfavorable for the suitable prosecution of the work , or for such time as is necessar- ily ecessarilyduetothefailureonthepartofthecontractortocarryout instructions or failure to carry out any provision of the contract . FINAL CLEANING UP Upon completion of the work, and before final payment is made, the contractor shall clean up and remove from the roadway and adjacent property all surplus materials, rubbish and temporary structures , re- store in an acceptable manner all property, both public and private , leave has beratrim,d durineatna dhecleangress of the from property olineand shall to property leave the street line. ANNULI"IENT OF THE CONTRACT The contract , of which these specifications form a part , may be annul- led for any of the following reasons : 1. Substantial evidence that the Progress being made by the con- tractor is insufficient to com-plete the work within the time deemed reasonable by the Engi.-ieer. 2. Deliberate failure on the part of the contractor to observe the requirements of the plans and these specifications. 3. Failure on the part of the contractor promptly to make good any defective materials or workmanship that may be pointed out to him by the Engineer. Before the contract is annulled the contractor and his bondsmen will be notified by the Town Council of the conditions which make the annulment of the contract imminent . If no effective effort is made within ten IO) days by the contractor or his bondsmen to correct the conditions complained of, the Town Council may declare the contract annulled and notify the contractor accordingly. Upon receipt of notice that the contract has been annulled, the contractor shall immediately discon- tinue all operations . The Town Council may then proceed with-the work in any lawful manner it may elect . When the work is completed, the total cost will be computed. If the total cost is more than the contract price, the difference shall be paid to the Town by the contractor or his bondsmen. If the total cost is less than the contract price, the difference shall be paid to the contractor or his bondsmen. PARTIAL PAYMENTS The Engineer will make current estimates from time to time as the work progresses of the amount of work performed under the contract . FINAL PAYMENT Jpon completion of the contract and before final payment shall be made he Town Council shall satisfy itself that the work- has been done in a satisfactory manner in accordance with the contract , plans and speci- fications and when so satisfied shall accept the same, and final payment ue the contractor therein shall be made . 4. CONSTRUCTION DETAILS a) SCOPE The contractor will be required' to remove all materials of every des- cription required to be removed, remove all obstructions of every kind that may be included, except poles , pipes and conduits ' belonging to any of the several public service companies having poles , pipe or conduits in the street ; do all grading and filling necessary to build the sub-grade to the required elevation and roll and shape the sub- grade to the required elevation and cross-section. All surplus ex- cavation shall be the property of the Town and shall be deposited as directed by the Town, or its authorized representative . However , the haul length to points of deposit shall not in any case exceed 1000 feet from the site of the project . b) EXCAVATION Where shown on the plans , the contractor shall be required to exca- vate the side ditches , shoulders and sub-grade to the finished pro- file and typical section as shown. It is estimated that there is approximately 1769 cubic yards of earth material to be moved on the project . All of this work shall be included in the lump sum bid for the total amount of work to be performed. c ) GRADING AND PREPARATION OF SUB--GRADE The sub-grade shall be cut to a depth of 10" below the top of the finished pavement and one-foot wider on each side of the center line than the edge of the paving. The original ground on this project has a growth of palmetto roots and it is desired by these specifications that ' no roots or vegetation be left below the sub-grade grade . There- fore , at any point where the bottom' of the sub-grade grade is less than 6" below original ground grade , the Contractor shall remove this vegetation to a point at least 6" below the original ground grade . Allowance has been made in the summary of quantities for this excava- tion and payment for this work shall be included in the lump sum price bid for the cost of the total project . STABILIZED SUB-GRADE a) SCOPE The prepared sub-grade shall be stabilized with an added stabilizer of a type approved by the Engineer. This filler shall be a non- plastic material and shall all pass a 2" mesh screen. b ) DESCRIPTION This sub-grade shall be stabilized to a uniform depth of 6" and have a bearing value of 50 pounds per square inch using current Florida State Road Department methods for determining such bearing value . The stabilization material of 6" depth shall be as shown on the typical section and one foot wider than the edges of the paving in all cases. c ) BASIS OF PAYMENT Payment for this work shall be included in the lump sum price bid for the total project . HOT MIX ASPHALT WEARING SURFACE a) DESCRIPTION The work specified in this section consists of the construction of a sand asphalt surface course , composed of a mixture of fine aggregate with or without mineral filler, and asphalt cement properly mixed and laid upon a prepared sub-grade base or pavement in accordance with these specifications , and in conformity with the lines , grades , notes , compacted thickness and typical cross-section shown on the plans . Where the mixture is placed in more than one course , a paint coat of emulsified asphalt or asphaltic cement of the same grade used in the mixture shall be applied between courses as specified herein- after. b) GENERAL COMPOSITION OF MIXTURE The prescribed constituents , prepared as hereinafter specified, shall be combined in such proportions as to- produce a mixture conforming with the following composition limits , by weight : Material Per Cent of Total Mineral Aggregate 91 - 95 Bitumen 5 - 9 c ) The local sand shall be sharp and. non-plastic . It shall be com= p .sed of hard durable grains free from excessive quantities of clay, loam or other deleterious substances , and shall be suitable for use in a bituminous mix as determined by laboratory tests. If the local sand deposit consists of stratified layers of varying characteristics and gradation, the Contractor shall employ such means as may be neces- sary to secure a uniform material representative of the cross section of the depth of the deposit . Should the loss of fines during drying operations be such that the stability of the mixture is reduced below the minimum specified, the Contractor shall at his expense add mineral filler or other approved material in such quantities as may be neces- sary to compensate for the loss in stability. The aggregate material shall all pass a z inch sieve and shall be graded uniformly from coarse to fine. d) This hot mix asphalt surface course shall be laid in two layers . No layer of this surface course shall exceed 3 inches in compacted thickness. e ) A formula shall be established which will produce a mixture pos- sessing not less than $00 pounds stability at 140 degrees F. , as measured by Standard Hubbard-Field stability tests. ASPHALTIC CEMENT Asphaltic oil cement shall be prepared by the careful distillation of petroleum by steam agitation at a temperature of not more than 700° F. It shall be free from water and shall not foam when heated to a temper- ature of 350° F. Specific Gravity 77°/77° F - not less than 1.00 Flash Point (Cleveland open Tester) not less than 375° F. Penetration at 770 F 100 G - 5 Sec . 40 to 60. Job limits to be set at plus or minus 5 points. Penetration at 115° F. 100 G - 5 Sec . , not more than two times the penetration at 77° F. Penetration at 320 F. 200 G - 60 Sec . , not less than one half of penetration at 770 F. Less at 325° F - 5 hours - not more than 2 per cent . Penetration of Residue 77° F. , not less than 50% of penetration before evaporation. Ductility 77° F. Not less than 100. Soluble in cold carbon tetrachloride - not less than 9$.5 per cent . Residue Coke ( ash free ) $ to 20 per cent . EQUIPMENT a) Mechanical spreading and screening equipment shall conform to the following requirements. The mechanical spreading and screening mach- ineshall be of a type which is self-propelled and can be steered. It shall be equipped with a receiving and disbursing hopper and a mechan- ical screen or strike-off member. It shall have a longitudinal wheel base of not less than 10 feet or the screen or strike-off action shall be controlled by means of as upport of not less than 10 feet in length measured parallel to the direction of advance when in operation: Such wheel base or support , except as otherwise hereinafter provided, shall be in contact with and advance along the surface upon which the materi- al is being spread so as to provide continuous and positive mechanical control of the screen or strike-off assembly, and so as to strike-off the material being spread to the exact grade and elevation intended without the aid of manual adjustment during the operations. The screen or strike-off shall be adjustable so that the depth of material d being spread can be regulated and so the screen or strike-off member can be set to produce the desired cross section. Machines , otherwise meeting all requirements and having the forward supports riding on and in contact with the surface upon which the material is spread, may have the rear supports arranged to ride on the newly spread and struck-off material , if, in practice , such method of support does not introduce or add any element of non-uniformity or inaccuracy and does not result in injury to the surface being constructed due to sudden or severe appli- cation of power to such means of support • on the newly-struck-off mater- ial. If, in the opinion of the Engineer, a cleavage plane may develop down the junction of two parallel lanes , two machines may be required traveling in echelon formation. A mechanical spreading and screening machine , self-propelled and de- signed to ride upon forms or furnished with an adapter to provide guidance of the screening action from the side forms , may be used. The Contractor shall provide suitable means for keeping all small tools clean and free from bituminous accumulations . The Contractor shall provide and have ready for use at all times sufficient tarpaulins or covers as may be directed by the Engineer for use in any emergency such as rains , chilling winds , or unavoidable delays , for the purpose of covering or protecting any material that may be dumped and not spread. LAYING The asphaltic mixture shall be transported to the street at a tempera- ture of 3000 to 400° F. in wagons or trucks covered with adequate can- vas covers to prevent the loss of heat . An approved mechanical as- phalt spreader of a type approved by the Engineer, capable of laying a strip of finished pavement at least ten ( 10) feet wide shall be used for laying all surface base and binder courses . While the mixture is still hot , it shall be rolled with a 5 to $ ton tandem roller until it is free from roller marks , waves or depressions. The finished pavement shall not vary from a true surface more than one quarter of an inch in ten feet . Excessive use of water on the roller wheels will not be per- mitted. Portions inaccessible to the roller shall be thoroughly hand tamped with hot iron tampers. When the rolling is completed, a thin uniform layer of Portland cement shall be swept over the top of the asphalt wearing surface . Asphalt surfaces shall not be laid when the atmospheric temperature is below 500 F. Should rain come up during the process of the work, the asphalt plant shall be shut down immediately. No surface mixture shall be laid until the foundation is dry. Any surface mixture that has cool- ed below 250° F. shall be rejected. BASIS OF PAYMENT Payment for this work shall be included in the lump sum price bid for the total project . ARMCO METAL PIPE ARCH CULVERTS Where indicated on the plans , the Contractor will be required to lay Armco metal pipe arch culverts underneath the roadway to be construct- ed. These pipes shall be laid to the finished flow line grades as shown on the plans. The Contractor will not be required to furnish the pipe . This pipe will be furnished by the T own of Atlantic Beach and delivered to the site of the work. BASIS OF PAYMENT Payment for this work shall be included in the lump sum price bid for the total project .