139ORDINANCE NO. 13 9
An Ordinance providing for the paving of a portion
of those certain streets of the Town of Atlantic
Beach, Florida, viz: The Street known and designated
as Second Street from the Street known and designated
as Sherry Drive to the Street known and designated as
Ocean Boulevard; the street known and designated as
Third Street from said Sherry Drive to the street
known and designated as East Coast Drive; the street
known and designated as Seventh Street from said
Sherry Drive to said Fast Coast Drive; the street
known and designated as Eighth Street from said Sherry
Drive to said East Coast Drive; said Sherry Drive from
said Third Street to the street known and designated
as The Plaza; and providing for the payment of a por-
tion of the cost thereof by the imposition of special
assessments to be levied and assessed against the
property abutting, adjoining or contiguous to said
improvement in proportion to the benefits bestowed
upon the property assessed; and providing further that
the work contemplated hereunder and the special assess-
ments 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 929$, 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,
comfort, 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 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 im-
provement 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, viz:
and lands to be assessed. To pay and defray such portion of
said cost of said improvement as will not be borne by said Town,
special assessments, in the manner hereinafter provided, shall
be imposed, levied and assessed against and upon all such lots
and lands (exclusive of public -owned property) adjoining and
contiguous to 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 be 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 particular lot or parcel of land to be as-
sessed bears to the total front footage of all such property
fronting or abutting upon said improvement. The estimated amount
of cost ner front foot as special assessment to be levied and
assessed against and upon such lots or parcels of land fronting
is
or abutting upon said improvement/as follows:
The sum of x.75 per front foot for each foot of
property abutting on said improvement to be made
on said Second, Third, Seventh and Eighth Streets,
and '1.00 per front foot for each foot of property
abutting on said improvement to be made on said
Sherry Drive.
The Town shall have and assert a lien superior to all
other claims except taxes against and upon the aforesaid property
for the amounts of such special assessment, together with in-
terest and all costs of collection.
Section 5. The special assessments to be levied and assessed
to nay and defray the cost of said improvement shall be levied
and assessed in the manner and in accordance with the procedure
provided for in Section 37 of Chapter 13907, Laws of Florida,
Special Acts of 1929 and Chapter 9298, Laws of Florida, Acts of
1923.
3.
HDVHI," JO NMOI
SNOjTV,-jZToaJS ONIAkd
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TESTS h'`d^ SF: AP ,,,,, IV A ZR. ,., 3
Only r.ater-.al; reetlil g th:: reqs: remen%s of these specifi^.ations shall
be us cd in . h3 York, The Fngluiec:r and hi.-- irlsl ectors sha_•1. Clave acess
to all parts of the work at a:,_v,tines and to a,l ma;entals intended for
use J.n the wor': as ,!e -''.l as 'to the facto<i.es where such materia's are
manufactured. Nlatez-i.als will be i.rspe:csd and passed upon as promptly
as prac`*tcabl.e and none Shall be used in the work antil they have been
approved, Tre wor'- wi.].'. 3:e antro"7eCz a,-3 t. progresses, b?t fa .lure to
r. e j(?ct d?fect .V'P, W.)ri:: at the t:n 6 i't 1.s U C`r,.e shall 1.,ri no wry prevent,
1.tS "e •ar';7v 1 i, u. r 'vc f .. t. ;? f` -i' ,p t, '' s4 r Y+n+ irrt" ac; ? aace O_ -+ti .i._.p,. rement.
LJW,, S A TD Gi kDT-'S
he Eng:,.ncer s' -.a L.L f;a.r ai. ib a.f_1 t:)e -_ires and grader necks: ar- in _ay 1.ng
ou!4- the wc.: k and .,;,;;r sta res and marki ig as the Engineer may se` for
L:3 ow% rr tnn C; '? :','2't S l.f rw:l:E shRIJ. be scrupulously pr ese: 'red, by
le cOax, ,aCtCx- J.:_ caS%, of il.`.gligence oll t;1r: Fart of the con"tractor :,r
a s empl.cyea, res, t• * II- -n t;hs dostrLw ion of succ s ta',ez; oi• Ma.rkl.ngs
tAle coiit,-ac;,or shai' ila tor rer'.ac,ir. y _ g the same :',; Lla.e rate of t -,,r.
collars (0,JCi,` t -.r po: ntf wh:x.cn .amount, in'ill. be d ed.ucte:'. frori a-:iy
Coneys due the not ra,,,'n = ludo'— -L"he cor trac` ^
AIT; KCRTTV A:Ilv Ui'x:i.: S OF INSPECTORS
Me Tarn Council niz.y appoint inspectors to inspect any and all mat-.eri-4
hls and work. , gaol, innpecti_on may extend to any o.~. all par -1:s of the
work artl to the preparation and manufacture of the materials to be usedThei.nspectcrs will. not be autrori zcd. to alter, r. evolze, enlar?e or i -e.-
lax the previsions of these specific-ations now will they be author:;.zed
to approve or accept, any portion of the Completed work? nor- to issueinstructions ;ortr;.ry to the glens and eoecificati.o.ns., An inspector isplacedontheworktkeeptheFiigineerinformedastotheproftressoftheworkandthejrwrlich i , is be:i_na, done, also to call tiieatter.tion of ; he cur tractor tc any i.n.fri.nger.3ent upon the pla js cr
specifications. 'he inspect, will have au,-hcrity to reject d.efocrive
materials or to suspend any work that is being 11-nprcperl.y don(.,
DEFEr.TTVE WORK OR P l`TERIALS
All mater .a L3 not rlaeting the requirements of these s peci..fi catio:rl.3
shall be ccnaq,ired aC defective and all such moter.ial whether In PI ce
o:^ not shall be removed 1ximellately from the site of the work.,, No
materiai whic:l has been rejeat:e?, the defects of which have bi_, n
rected, shall be u.3ed until approva: has been given,,; All worn thio
has, been conder,,ned or "e jected shall. be remedi.edJ or if nece^nary;
shall be removed and replaced in an acceptable manner by the contract-
or at his own expense and without unnecessary delay,,
FAIIURF, r"O R!,16VE DFFECT_T&VE IIVIMRTALS OR 6. IV
Upon the fail.ura c.f the con'tracto'r promptly to remove and prcpee'J.j dis., pose ofre ject.ed materials or w ri; and to replace same immecfia to !_yafterbeingnotified, so to d.o. the Engineer may employ- labor and re-
move and :replace such defective work or materials and charge the cost
of the same against the contractor and deduct such amount from anymoneysduehim,
IIT -Cr, TEOI- N CIF THE WOTK
The Engine 3v sh.il 1. h --ire tlxe i i,g)-; to suspend the work wholly or in partfirsuchPor' —1 :,j:-thper:Lods as e may deem necessary due *o unsuitable
weathers oi• for suc:1 c t.her conditions considered unfavorable for the
suitable caecutio: cf the work or for such time as is necessari.l-
due to li`.'t c+e opt the ga.rt a the contractor to carry outi.nstrt.cL_cr: ov f al._"ire to car; -y out any provis ,.on of the contract,,
FINAL CT EAii:INS UP
Upoc completion of the fork,, and before final payment is made, the
contractor shall clean up a:nd remove from the roadway and adjacenv
property P.11 surplus materials, rubbish an,_temporary structures, re-,
store in an aQ7.eptable manner all property, both public and pri.vate,
which has been damaged during the progress of the work., and shall •
leave riche street, •':,Tim, neat and cZ an from pr^_perty line to property
line.
PUBLIC ERVD! T,. FOLFSs i _.Pb`1 FTUe
The variot.s n:rli :ger. v°a_ce compan .es are required to move, relocate or
read just any roles . pipe a.nd e rnl°.:i.ts belfingirg to them that it may be
ne.cessary to remove c-7 readjust,, Wh.en ar..y :3uch pole or pipe or condu-
it is encountE;red the ahall pt.,cmptly notify the proper
company,
A.a,r'.'F.RAT; O:T Or PLANS .AhM ' JECTFTC'.' TIONS
The .£' such changes in the plans or
1araC'oLI" of the l cTRS ac',he may c,,--neid-r ne^essary or desirab—Le from
t_"_MC t`:N t'l-'n? tC,^.,raa:.Dle'kF. ?'_li..y tho w r" a3 'contemplated, provided such
c1aanges do n,oti ciZa. ge mater ic..3.1y ;he or''ginaw p.Lanz aad* --*JenLt'i c %# cns
a.;r. su!C"h c'.. ->=r at ]_nns in t,.e plans or pecif ications shall not be con-
sidered as a wa; ;.: r of ar.y rrndi.ti.on of the contract nor -ral.id-te
any of -be pro%_.sion3 thereof,, Should such alterations resu{.t i„ an
increase or (ecrease ii, the CU8..7hGi ; y of work to -be performed, tih,: con-
tractor
on-
t„actor sha7.1 be paid ;:rr such iih:.re ase or shall give credit fc,: cuch
uecrease,. ae :he case may beg the amoizntr of such increase or decrease
to be dAe.rJ.r.e3 acro -d ;ng to the unit price shown in the proposa_
in case rlc 'tLr.it. ,prj_c! i care ihcign in the proposal .for S' ch aC'di._t
rork t -nen thE' G's compensati: n shall be disfie? r.Ju.ed aS pi ovld
ed .for under "UnnLI-as i f ied liork” .
UNCLASSIFIED uJCt1u
Upon writte.; ins -'ructions -from the Engineer, the contractor shall per-
form such additional work. for which no provision is made in the plan>
or specifications a. the engineer may consider necessary for the pr:)Dcr
completion. ca£ the wore and such additional work shall be done in t•h.-
best' workmanlike manner according to the instructions of the Engineer®
This work will be pa..d for a t• such prices as may be agreed upon in
writing between the contractor and the Town Council b::fcre the work is
done. When such prices are not agreed upon or w:,en this metrod rf pajr.
ment is impra.c t cal , t:,%e contractor shall do such we^k and ;,ihal:- be
paid the acti...ai. cost of s:zcF: work , not including over head •., plus,
fifteen (151,Q per cent <.
UI\1AUT-j0RT?ED J!r v
Work done w=.thoixt l:,nes and grades being given, work done beh.in" lines
and grades shorn on tae plans or as given, or any extra iffor k done i_ th--
out written authority will be considered as unauthorized -.cork and will
not be paid for In- the T>vra Council and when so ordered by the T ng ineer,
such work Shall he remove..' and properly replaced by the
his ovm expense.
UJTS TO EE OBSERVED
The contr. ac°:•^r shall ,bserve and comply with all Federal, State and
Local Laws: Crdinances and F.egulations that in any manner affect the
conduct uhf' his %ork and shall indemnify and save harmless the Toum and
all its officers. agents, and employees against any clailm or liability
aris;irig from or based upon the •.riclG.ticn of any such ?.aw, ordinance -z'
regw? atiohr whether by himnel.f cr his employees.
SANITARY PROVISIONS
The ccntractwr --hal"! provide and maintain in a neat sanitary condition
such accamr4odat°.on3 for the use of ;his employees as may be necessary to
comply the regi lations of the State Board of Health or other
bodies haling jurisdicti.--,n., He shall. commit no public maisance.
CCV'fPJXT0R1 S RESPONSIBILIT'_t FOR THE HORK
Unt_.1 the fina . accepta.nce of the improvement by the Town Council it
shG i be under the c targe and rare of the contractor,, He shall take
every precaution to protect the work from damages by the elements or
from any r.:arsa wha.tscever and he shall repair and woke good at his own
expense any such damage„ He shall provide and maintain suitablet .
strong and substantial barricades and "Street Closed" signs wherever
necessary, whLch signs and barricades shall be kept lighted from sun-
down with suitable red lights, The contractor shall save and keep
harmless the Tom, it's officers and employees from any and all such
claims for damage to persons -or proparty sustained during the prosecu-
t-i oa c f she w,DrR-
r
GENERAL PROVISIONS
SCOPE OF TF'E
The cont -actor ,hall fur ;i.sh. each and every item of tabor, together
with all ma er:_al x too..sz equipmen':. and machinerar nece.3sary tc
complete fully th_ i.niprvvemeut as planned,, He will, when. ii'vi shed,
leave the street and, @11J- cent walks neat, and cl.eanf.
PRO.SECUTTON OF WORK
The contractor shall besin 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 Engineers The work shall be conducted in
such a manner and with sufficient labor, materials tools and eouip-
ment necessary to complete the work. Should the organization of the
contractor or yts management, or the manner of carrying on tho worl:
be manifestly incompetent or inadequate to do the work as specified
within the stated time, then the Town Council shall have the r.gh':; t ;
take charge of the work and furnish and provide the la'jor 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.
SU14DAYS AND LEGAL HOLIDAYS
No work shall be done on Sundlays or legal holidays except so ordered
in writing by the Engineer.
CHARACTER OF WCR. KTEN AND EQUIPMENT
All workmen employed by the contractor shall be experienced in end
capable of doing the kind of work assigned to theme Any workman wl:orr.
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 no;;
again be employed on the work. All equipment provided by the con-,
tractor shall be first class, standard equipment, thoroughly ade fur .t e
for the work for which it is to be used, Failure on the part of
contractor to furnish such labor and equipment shall be sufficient
cause for the annulment of the contract*
COOPERATION OF THE C ONTRj CTOR
The contractor shall. remain on the work or keep an authorized, rep, e7
sentative on the work at all times, to carry out the instructi.or..s c i
the Engineers He shall provide all reasonable facilities to enable
the Engineer or his inspectars to inspect the materials and work-
manship entering into the work and he shall cooperate in setting ens'.
preserving stakes bench marks, etc. for controlling the work
PERMITS AND LICENSES
The contractor shall procure all permits and licenses, pay all charge
and fees and give all notices necessary to the due and lawful prosecu
tion c'f the work, The Town will furnish to the contractor all water
necessary to b:. used in the construction of the work as set out in th_
provosal`
4P
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 shal provide for such use by suitable legal agreement with the
patentee or owner of such patent or copyright and C. copy of the
abreement shall be filed with the Town Counci-l. If no such agreement
is made or filedp the contractor and the surPt;r shall. indemnify and
save harmless the Town Council from any and all c?.ai.ms- fcr infringe-
ments by reacor, of the use of any such patented design, devise,
trademark, copyright; material or process in connection with th-- :-Tore
agreed to be perfur. rr:ed under the contract and shall indemnify the
To-v Tn Council from any cost exercise, or damage which it may be
obliged to pay b J reason 01 any infringement at any time during the
prosecution of, or after the completion of the work,,
DISQUALIFICATION OF BIDDERS
More than one bid from an individual, firm, partnership,
corporation
or association under the same or different names will not be considerf.-
ed. Reasonable grounds for believing that a bidder is interested in
more than one proposal f o- 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
collusion exists among the bidders; and all participants in such col-=
lusion will not he considered in future proposals for the same work., Proposals in which the prices obviously are unbalanced will be reject-
ed.
RIGHT TO REJECT PROPOSALS
Right is reserved to reject; any or all proposals.
AWARD OF THE CONTRACT
The award of the contr. act, if it is awarded, will be to the lowest .gin:'
best responsible bidder whose proposal shall comply with the req wire•-= will the award be made ,nr
ments of these specifications, In no case
til all necessary investigations have been made into the responsibi_l-- ity of the low bidder and the Town Council satisfied that the lowbidderisqualifiedtodotheworkandhasthenecessaryorganizatio.1,
capital and equipment to carry out the provisions of the contract T.
the satisfaction of the Totem Council within the time specified:
RETURN OF THE PROPOSAL GUARANTY
As soon as the bid pricer have been compared, the Town Council mala
its discretion, return the "guaranty deposits" accompanying such prey
posals as in its judgment would not likely be considered in making Vl.
award. All other proposal guarantees will be held until the contras
and bond have been executed, after which they will be returned to tho
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 per-
formed; that the contractor or contractors will save the Town harmle's.
on account of all claims for damages to persons, property or premi-c---e
arising out of his or their operations prior to the acceptance of t:
finished work; and that he or they will promptly make payment to
persons Supplying him or them labor, material and supplies used d-1-
rectly or indirectly by the contractor, contractors, sub -contractor
sub -contractors in the prosecution of the work provided for in sai
contract. In the event that the surety company becomes unsatisfact.c..
to the said Town, it may, in its discretions require from the con.
tractor 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 furnish such additional or neve
bond within ten days from date of written notice so to do, all pay-
ments 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 beer.'
awarded shall sign the necessary agreements entering into contract F
with the Town Council, and return them to the Town Council vithin A
ten (10, days. No contract will be considered binding upon the Town
Council until it has been properly executed.
Fr-LILURE TO EXECUTE CONTRACT
failure on the part of the contractor to execute the contract as re-
quired will 1-•e gust cause for the annulment of the award and in the.
event of the annulment of the award, the amount of the guaranty depos-
ited with the proposal, shall be forfeited to the Town, not as a pen-
alty but as reasonable, fixed and liquidated damages. The award ma,y
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
dispose of the contract or any portion thereof or of the work provi_d
ed for therein or of his right, title or interest therein to any
person, firm or corporation without the written consent of the Town
Council.
INSTRUCTIONS TO BIDDERS
EXAMINATION OF PLANS, SPECIFICATIO14S AND SITE OF 4J ORK
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 to 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
the obligations and responsibilities assumed under the contracts
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 elbe,
where in these specifications. No allowance will be made for antici-
pated profits.
FAMyLIARITY 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-
feet the work. Ignorance on the part of the bidder will in no way 1-e,
lieve him from responsibility.
r
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 prc -
poses to do each item of work called for. All papers bound with or
attached to the proposal form are a necessary part thereof and must
not be detached.
SIGNATURE ON PROPOSALS
The bidder must sign his proposal correctly. If the proposal is mics
by an individual, his name and post office address must be shown,
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 Corporation was chartered, al.s
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 s-
GUARANTY TO ACCOTIPANY
Each proposal must be accompanied by a proposal guaranty of the char-
acter and amount indicated in the proposal form or advertisement.
DELTVFRY OF PROPOSALS
Each proposal must be placed in an envelope, sealed and endorsed on
the outside, "BID FOR STREET PAVING". If delivered by mail, this
envelope ir.-ist 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, Plori", 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 Manager, Tgwn 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, quglifi,.
by experience to do the work specified herein. The bidder must submit
with his proposal satisfactory evidence of his experience in like wor
and that he is fully prepared with the necessary organization, capita-:
equipment, and machinery, to complete the work to the satisfaction of
the Tavn Council within the time limit shated in the proposal.
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 anlr 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 rrouerty of the Tot;n 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 1030
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 tATpical section as shown. It is estimated that there is
a.ppreximately 1000 cubic yards of earth material to be moved on the
project. All of this work shall be included in the unit price bid
for. this work.
c) SAND BI`I'UI.SNOUS ROAD 1,aX
The work specified in his sector_ consists of the construction of
sand bituminous road mix raving in accord-ance with State Road Depart-
ment Specific.tions, Section 106 to Sub -Section 106.11;. of 1947 State
Road Department Specifications. it is estimated that there is
approximately 12,000 square yards of 5 inch paving 20 feet wide and
5500 snuare yards of 6 inch paving 22 feet wide.
BASiS OF P AYI ZNT
Payment for this work shale be included in the unit price bid for
each item of trork.
e
k-NNULMENT OF THE CONTRj CT
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 Yeix.g made 'o -J-
the con-
tractor is insufficient to complete the w )rl.. w :; rinthe time
deemed reasonable by the Engineer,
2, Deliberate failure on the part of the contract:r
the requirements of the plans and these sr,f:(-i.`_'i-:
3 Faii, re on the part of the c ontractor p.r:)mj t.l',r ';c in -KP good
any -defective materials or workmanship e pcin`-,ea.
cut him by the Engineer,
fore tiie contract is annulled the contractor and his bend smer; T,Ji i i ,e
r;x.fied I -y the Town Council of the conditions which make Mae annulment
thc: -: r t.ra,it i;nminent. If. no effective effort i.s made w],him tert
iJ! day-, '_-7 •t ie contractor or his bondsmen to correct t rio conn ti.ors
3mnlaingd;
the
Town Council may declare the contract annulled and
1-)tfy tiie contractor accordingly. Upon receipt of notice that the
contract has been annulled, the contractor shall immediately c?iscon-•
ti. :ie all Gperations.
The Town Coun^.i I may then proceed with the work in any lawful manner ,
may elect. 'dh.en -the work is completed, the total cost will be computed.
If the total- _:;os t '_s more than the contract price, the difference shall
be pa-i.d to, the Txm by the contractor or his bondsmeno If the tota-1
cost is .l.esIs than the contract price, the difference shall be paid to
the contrv.ctor or his bondsmen.
FINAL PAYRIEN T
Upon c')mipleticn of the contract and before final payment shall be made
the To -,,in Coxncil s:^all s ati.!,, i'y itself that the work has been done in
sati.s.factory manner in accordance with the contract, plans and s peci-
ications an -1 when so satisfied shall accept the sane, and payment
Sze the contractor therein shall be made as follows: one-thi-rd (11*3)
amount due contractor upon acceptance of the work'; on(,-taird. (1 /3
i•thin ferty-five (R,.5) days after acceptance of the worlr; aid. the
dance due one year after acceptance of the work Tithc t, it+Erest•,
ri
DEFINITION OF TERMS
aJhenever in these specifications the following terms or pronouns
in place of them are used, their intent and meaning shall be interpre-
tated as follows:
TOWN: The Town of Atlantic Beach, Florida.
TOt,N COUNCIL: The Town Council of the Town of Atlantic Beach,
ENGINEER: The Contracting Engineer for the Town of Atlantic Bear.h-
Florida.
INSPECTOR: An authorized representative of the Town Council
assigned to inspect any of the materials or workmanship entering :in -"o
the 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
Contractor covering the work to be performed including the plans an.".
specifications.
SURETY: The corporate body which is bound with and for the
Contractor, who is primarily liable, and which agrees to be respon,:'._.
for the payment of all debts pertaining to, and for his acceptab.].?
performance of the work for which he has contracted.
PROPOSAL: The approved prepared forms on which the bidder is
submit, or has submitted his, their, or its proposal for the work -
contemplated.
PLANS: The official plans, cross-sections or other drawings e'
reproductions thereof, pertaining to the work to be done.
SPECIFICATIONS: The directions, provisions and requirements
contained herein, together vd.th all written agreements made or to L
made pex-'aining to the methods or manner of performing the work, o.-
the rthequer. ities and qualities of materials to be furnished under the
contrac'
The Street known and designated as Second Street
from the Street known and designated as Sherry
Drive to the street known and designated as Ocean
Boulevard; the street known and designated as
Third Street from said Sherry Drive to the sheet
known and designated as East Coast Drive; the street
known and designated as Seventh Street from said
Sherry Drive to said East Coast Drive; the street
known and designated as Eighth Street from: said Sherry
Drive to said East Coast Drive; said Sherry Drive from
said Third Street to the street known and designated
as The Plaza,
be paved and improved in accordance with said plans and speci-
fications.
Section 3. The total estimated cost of constructing said
improvement and completing the said work contemplated hereunder
is the sum of X14,64$.41, and the proportion of such total
estimated cost, which shall be borne and paid by the Town of
Atlantic Beach, is the sum of $4886.14, which shall be paid
in cash from the funds appropriated and available for the
purpose from the Town's general fund, and the balance of said
estimated total cost remaining in the sum of 9'9772.27 shall be
financed, paid and defrayed by the imposition and collection
of special assessments to be levied and assessed against and
uoon all lots and lands adjoining, contiguous to or bounding
and abutting such improvement (exclusive of public -owned
property) specially benefited 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 to
or bounding and abutting upon said above described parts or
portions of said several streets will be specially benefited
by the improvement provided for in this Ordinance to an extent
greatly in excess of the estimated amount of the special assess-
ments to be distributed and prorated among the said several lots
2.
Section 6. This Ordinance shall take effect immediately
upon its passage and approval by the Mayor.
Passed by the Town Council on first reading, May
1951.
Passed by the Town Council on second reading, May
1951.
Passed by the Town Council on third and final reading
and approved by the Mayor, June //,d, 1951.
Attest:- 'S.
Town Clerk
Approved June -,"Z. ,1951:
4ayor +