HomeMy Public PortalAbout02/11/1972COMMISSION MEETING
C February 11, 1972:
Present: WILLIAM F. KOCH, JR. Mayor
JOHN G. HART Vice -Mayor
WILLIAM S. LaPORTE Commissioner
GEORGE W. WALKER Commissioner
Also attending: R. D. Worthing, Attly. John C. Randolph
and Kathleen Kirton.
1. Mayor Koch called the Meeting to order.
2. The Commission unanimously approved acceptance of the Minutes
for the Meeting held on January 14th, as submitted, on motion
of Mr. LaPorte and seconded by Mr. Hart.
3. The Commission accepted the Financial Report, for the Month of
January, which accompanied this Meeting's agenda.
4. The following "Summary" of Police Reports, for the Month of
i1 January, was presented and accepted by the Commission:
\ COWART BROWN CORBETT McQUADE MUMMA
Mileage 1652 1521 1804 1687 1866
Days 21 20 22 22 22
Hours 168 160 176 176 176
C A L L S 9 4 7 3 5
The Commission was informed of a communication received dur-
ing the past week which commended the Police Department per -
sonell for its prompt, courteous and efficient manner excer-
cized by the officers in their quick response to an emergency
situation in a local resident's home, particularly in appli-
cation of oxygen from the Department's ever available oxygen
service.
5. With reference to a "Petition for Variance" submitted by Mr.
Thomas E. Pemberton to the Commission at its last regular
meeting, which requested permission to construct a two - family
dwelling unit (Town House) on presently zoned "A" land which
only allows for Single Family Dwelling Unit construction, the
Planning Board, to which the "Petition" had been referred at
the January meeting, recommended the request be turned down.
2
S. cont.
Mr. LaPorte stated that Mr. Pemberton had discussed this request
with him and wanted it to be clearly understood that the owner of
the land did not initiate this "Petition ". The Town Manager in-
formed the Commission that Mr. Pemberton requested that the "Pe-
tition" be withdrawn. Mr. Hart recommended the Planning Board's
Report be accepted with thanks and the Commission so directed.
6. Mr. Henry V. Pope presented a "Petition" for rezoning of a tract
of land now classified "A" (Single Family Dwelling) to a classifica-
tion permitting Town House (Duplex) construction. The Commission,
acting as a Zoning Commission in compliance with Section XII of the
1952 ZONING ORDINANCE referred the petition to the Planning Board
for its study and recommendation to the Town Commission prior to
providing for a Public Hearing to be held thereon.
7. Ordinance No. 71 -4, providing for a RENEWAL of the thirty -year '
Franchise Agreement with Southern Bell Telephone & Telegraph Co.,
was read on its second and final reading.
On motion of Mr. Walker, seconded by Mr. LaPorte, the Commission
unanimously approved passage and adoption of said Ordinance No.
71 -4 granting a "Renewal" franchise agreement to the Southern Bell
Telephone & Telegraph Company for a period of thirty years commenc-
ing April 6, 1972.
8. The following "BIDS" for Street improvements, affecting that part
l ) of Polo Drive lying between Banyan and Old School Roads, as well as
those portions of Banyan Road extending approximately 200 feet both
easterly and westerly from its intersection with Polo Drive:
Belvedere Construction Co., $ 10,193.00
Crabtree Construction Co., 141145.00
Hardrives of Delray, Inc., 80870.00
Rubin Construction Company 10,877.50
Mr. LaPorte moved that the Town Manager and Engineer tabulate the
Bids and if the Low Bid qualified in meeting all specifications as
set forth in the original "Contract Documents for the Paving and
Drainage Project ", award of contract, executed by the proper Town
officials, be made to such Low Qualified Bidder. Motion was duly
seconded by Mr. Walker and unanimously carried.
Resolution No. 1 -72, providing for a Public Hearing on the proposed
Street improvement project to be held in the Town Hall at 9:00 A.M.,
Tuesday, E.S.T., March 21, 1972, and further reflecting the basis
for sharing of the total cost therefor between the Town of Gulf
Stream and the abutting properties, was read in full. On motion of
Mr. Walker, seconded by Mr. LaPorte, the Commission unanimously a-
dopted said Resolution No. 1 -72, directing the 'Public Hearing' be
scheduled for the March 21st Commission Meeting.
3 -
9. In accordance with Ordinance No. 121, the following Names of
heretofor Registered Voters, whose Names have been removed
from the Registration Books, as they are not now eligible to
vote in the coming General Election, were read with NO objec-
tions thereto being received:
CLOUGH, Sherman D., WEBSTER, Byron G.,
CRONNE, Ernest E., WILLSON, E. V. K.,
HOUSE, Allen C., WINTERS, Jonathan H.,
HOYLE, J. Phil WINTERS, Julia W.,
In compliance with the Laws of the State of Florida, as well
as Election Laws and Regulations pertaining thereto of the Town
of Gulf Stream, the Commission was informed that the Registra-
tion Books are on file in the Town Hall and open for inspection
by the Commission or any interested persons.
In further compliance with said Ordinance No. 121, the Regis-
tration Books shall close at 3:00 o'clock P.M., E.S.T., Friday,
February 25, 1972, and NO application for registration to vote
will be considered thereafter until the day following the Elec-
tion to be held on March 7, 1972.
On motion of Mr. Walker, duly seconded by Mr. LaPorte, the Com-
mission unanimously approved the appointment of the following
General Election Officials:
U Mrs. Thelma Goodwin CLERK
Mrs. Marge Ober INSPECTOR
Mrs. Vera Bone INSPECTOR
10. On motion of Mr. Hart, seconded by Mr. LaPorte, the Commission
unanimously agreed that a Special Meeting be scheduled to be held
at 9:00 o'clock A.M., E.S.T., Wednesday, March 8th, 1972, for the
purpose of canvassing the 'Returns, of the General Election being
held on the previous day - March 7th.
Mr. LaPorte moved that the regular Commission Meeting, scheduled
to be held on March 10, 1972, be deferred until 9:00 o'clock A.M.,
E.S.T., Tuesday, March 21, 1972, on which day, in compliance with
the Town Charter, the present Commission completes its Term of Of-
fice and the NEW Commission is sworn in and seated. Motion was
seconded by Mr. Hart and unanimously carried.
11. Ordinance No. 71 -5, providing for certain Acts of Dogs, within
the Town of Gulf Stream, to be determined a Nuisance, and further
providing penalties for violations of the regulations set forth
therein, was submitted to the Commission on second and final read-
ing. On motion of Mr. Hart, seconded by Mr. LaPorte, the Commis-
sion unanimously approved adoption of said Ordinance No. 71 -5 - -
SUBJECT to the Town Attorney providing for an 'P.mendmentl thereto
which would include such animals as "Cats, Monkeys and Fowl ".
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C12. Mr. Henry V. Pope inquired as to why the Press were not in
attendance at the Commission Meetings. The Town Manager
informed Mr. Pope, the Commission, and those present, that
he not only has contacted members of the Press, prior to
Commission Meetings and soliciting their attendance, but
has furnished an 'Agenda' to a Delray Beach news media in
the hopes of encouraging the presence of News Reporters.
Efforts will continue to be made toward attempting to pro-
vide Commission Meeting coverage by the news media.
The Commission was advised of the Town having received the
annual franchise remittance from Florida Power & Light Co.,
for the period ending January 7, 1972. This revenue, being
in the amount of $8,254.50, reflected an increase of $722.67
over the prior franchise remittance, or 9.6% additional rev-
enue over the previous year.
There being no further business, the Meeting adjourned.
10:30 A.M.
O
M A Y O R
G
NORTHROP DAWSON
532 Banyan Road Delray Beach, Florida 33444
Board of Commissioners,
Gulf Stream, Fla.
Gentlemen:
I am very much disturbed over the proposed plan
to raise parts of Polo Drive and Banyan Road up to 10
inches to drain off the excess water which appears on
these streets when we have high tides or heavy rains.
Tb raise the level of the streets would mean that
during heavy rains the water would run off the streets
onto thp,, adjoining lawns - and there It would stay because
the higher roadway would provide an effective dam to pre-
vent it running off.
I imagine that you are planning drains to carry off
the water which collects on these streets at high tidea,
but if the drains are not more effective that the ones
there now , raising the level of the streets in some places
*could throw the water off Into places that were not raised,
such as in front of my house on Banyan Road.
It seems to me that in trying to solve the problem
by raising the level of the streets you are aiming to
remedy the effect of the trouble and not the cause.
That the worst situations are caused by an influx of water
from the waterway is obvious. Why not concentrate on
where the water comes in and stop it at the source? The
excess water reaches its highest point in front of Mrs.
Darling's house during apogee tides, in•ssite o; a drain
on the gouth side of her property and on on the corner to
the north. It would seem that these drains must let the
water in instead of out.
Mr.Worthing tells me that the valve of the drain
on the south of Firs. Darling's, which is located at the end
of the pipe at the waterway, will not close because it is
covered with barnacles. We hare two such one -way valves
on two pumps at the Golf Club. These valves are about
30 feet from the waterway but connected to an open pipe
to the waterway. We have never had any barnacle trouble
with them, Jim Vigliatti, when he was at Marco Island,
NORTHROP DAWSON
532 Banyan Road Delray Beach, Florida 33444
had a couple of drains which led directly into salt water
and had a similar valve on the end. These valvee leaked
because of barnacles. He had the valves machined off and
painted them with a paint that barnacle) do not like, and
had no more trouble.
It seems to me that this is worth looking into.
Perhaps by moving our valves back 30 feet „ or machining
the valve and painting it with barnacle -proof paint, or
installing drains that will work, this problem might be
solved without taking the chance that raising the streets
might lead into additional difficulties.
With best regards,
Sincerely,
March 4, 1972.
r
AGREEMENT AND GENERAL CONDITIONS
BETWEEN CONTRACTOR AND TOWN OF GULFSTREAM
THIS AGREEMENT, made the twenty -first day of March in
the year Nineteen Hundred Seventy Two
by and between
HARDRIVES OF DELF%Y, INC.,
hereinafter called the Contractor, and Town of Gulfstream, herein-
after called the Owner, acting by and through its authorized re-
presentatives.
WITNESSETH, that the Contractor and the Owner, for the consider-
ations hereinafter named agree as follows:
ARTICLE 1. Scope of Work: The Contractor shall furnish all of
the materials and perform all of the work-for the completion of
the work as described in the plans and specifications, all in
accordance with the Contract Documents.
ARTICLE 2. Contract Sum: The Owner shall pay the Contractor for
the performance of the Contract from current funds the consider-
ation mentioned hereing namely, $8,870.00.
ARTICLE 3. Progress Payments: Payments shall be made by the
Owner monthly, based on the quantity of the work completed. The
amounts of such payments shall be the total value of the work
done to the date of the estimate, based on the unit quantities
and Contract unit prices less an amount equal to either 10 115 of
such value, or 5% of the original Contract amount, whichever is the
lesser and less payments previously made. Partial payments shall
not be due until the contractor has delivered to the Owner a complete
release of all liens arising out of this contract or receipts in
full covering all labor and materials for which a lien could be filed,
to date of submittal for partial payment.
ARTICLE 4. Acceptance and Final Payment: Final payment shall be
due promptly upon completion of the work, provided the Contract be
then fully performed and accepted by the Owner.
AG -1
IN WITNESS I- EEREOF, the parties hereto have executed this Agreement
the day and year first above written.
Signed, Sealed and Delivered
in the presence of:
As to Contractor
(SEAL)
(SEAL)
(If an individual or individuals)
Attest:
(Impress Corporate Seal) Secretary
Town of u ream
by: �� , e_- � L�
riayor
by:
Vice-Mayor
AG -2
I
PERFORMANCE AND PAYMENT BOND
KNOW ALL MEN BY THESE PRESENTS: That we Hardrives of Delray, inc.
P.0 Box 536, Delray Beach, Florida.
Principal and Argonaut Insurance Company 250 '"iddlefi ld Poad ' "enlo Part California,
Surety, are held and firmly bound unto _Town Of CAlfstream Florida
Obligee, herein called Owner, in the sum of
Eight thousand eight hundred seventy and OM OO Dollars
($ 8,870.00 ) for the payment of which we bind ourselves, our legal
representatives, successors and assigns, jointly and severally, by these presents.
WHEREAS, Principal has by written agreement dated Plarch 21. 1972 ,
entered into a contract with Owner for Drainage and Street Improvements in norm of
Gul£ stream, Florida.
which contract is by reference made a part hereof, and is hereinafter referred to as the
Contract.
THE CONDITION OF THIS BOND is that if Principal:
I. performs the contract at the times and in the manner prescribed in the
contract and
2, promptly makes payments to all persons supplying Principal with labor,
materials and supplies, used directly or indirectly by Principal or subcontractors in
the prosecution of the work provided for in the contract as provided by Section
255.05 or Section 713.23, Florida Statutes, whichever is applicable to the contract,
and
3. pays Owner all loss, damages, costs and attorneys fees that Owner
sustains because of default by Principal under the contract and
4. performs the guarantee of all work and materials furnished under the
contract applicable and the work and materials,
then this bond is void; otherwise it remains in full force.
This bond is subject to the provisions and limitations of Section 255.05
or Section 713.23, Florida Statutes, whichever is applicable to the contract and
the provisions and limitations are incorporated in this bond by reference.
SIGNED AND SEALED ON ?;a'; 31, 1972
By:
tness
Witness 14yfm�
of Delra
r qW—ipa—JT t
Vice President
torney -in-
HOME OFFICE a MENLO PARK, CALIFORNIA
POWER OF ATTORNEY
KNOW ALL MEN BY THESE PRESENTS: That ARGONAUT INSURANCE COMPANY, a corporation organized and existing
under the laws of the State of California, and having its principal office in Menlo Park, California, does hereby constitute and appoint
WM. A. MC GOWAN
of Ft. Lauderdale, Florida its true and lawful Attorney(s)-in-fact
to sign, execute, seal, acknowledge and deliver for, and on its behalf, and as its act and deed, at any place within the United States, or, if
the following line be filled, only within the area therein designated
any and all bonds, recognizances, undertakings, contracts of indemnity or other writings obligatory in the nature thereof, as follows.
Any such obligations within the United States, in any amount
And said Company hereby ratifies and confirms all and whatsoever said Attorney(s) -in -fact may lawfully do in the premises by virtue
of these presents.
This appointment is made under and by authority of the following Resolution passed by the Board of Directors of said Company
at a meeting held at the principal office of said Company, a quorum being present and voting, on the seventh day of July, 1959, which
resolution is still in effect:
"RESOLVED, that the President or any Vice President, in conjunction with the Secretary or any Assistant
Secretary, be and they are hereby authorized and empowered to appoint Attorneys-in-fact of the Company, In Its
name and as its acts, to execute and acknowledge for and on Its behalf any and all bonds, recognizances,undertakings,
contracts of indemnity or other writingsobbgatory in the nature thereof, with power to attach thereto the seal of the
Company. Any such writings so executed by such Attorneys -In -fact shall be as binding upon the Company as if they
had been duly executed and acknowledged by the regularly elected Officers of the Company in their own proper
Persons."
IN WITNESS WHEREOF, ARGONAUT INSURANCE COMPANY has caused these presents to be sealed with its corporate seal,
duly attested by its Vice President and its Assistant Secretary, this 17 day of July 19 70
ARGONAUT INSURANCE COMPANY
Vice President
Intorporaled
•
May 21,
1957 ,
(Seal)
Assistant Secretary
THE STATE OF CALIFORNIA
COUNTY OF
On this 17 day of July 19 70 before me came the above named Vice President
and Assistant Secretary of Argonaut Insurance Company, to me personally known to be the individuals and officers described herein,
and acknowledged that the seal affixed to the preceding instrument is the corporate seal of Argonaut Insurance Company and that the
said corporate seal and their signatures as officers were dully affixed and subscribed to said instrument by the authority and direction of
said Corporation.
• VENA M. HAflfl15
(Seal) `�,_r NOT<nV PUBLIGC/SLIFONNIA
�r�—
SAN FNANCISCU [oUNTY
(���, i - "�
MV COMMISSION EMPIPFS nEC. i3. 1)3]
,
Notary Public
L the undersigned Secretary of Argonaut Insurance Company, hereby certify that the above and foregoing is a full, low and
correct copy of the Original Power of Attorney issued by said Company, and do hereby further certify that the said Power of Attorney
is still in force and effect.
And I do hereby further certify that the Certification of this Power of Attorney is signed and sealed by facsimile under and by the
authority of the following resolution adopted by the Board of Directors of the Argonaut Insurance Company at a meeting duly called
and held on the 25th day of May 1965, and that said resolution has not been amended or repealed:
"RESOLVED, that the signature of the Secretary or any Assistant Secretary of this Corporation, and the seal of
this Corporation, may be affixed or printed by facsimile to any certificate to a Power of Attorney of this
Corporation, and that such printed facsimile signature and seal shall be valid and binding upon this Corporation."
GIVEN under my hand and the seal of said Company, at Menlo Park, California, this 31St day of T•'ay (g 72
' y•V
Secretary
FI 1105 R -9
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. .. .. _.. /if.�1✓I�Yi.,.o1w11i,✓'WbYW' •�YGYKi�a'fWrY
CONTRACT DOCUMENTS
FOR
PAVING 8: DRAINAGE PROJECT
POLO DRIVE BANYAN TO OLD SCHOOL ROAD
BANYAN ROAD AT POLO DRIVE
JANUARY 1972
Town of Gul£stream,
Florida
WALTER A. CORNNELL, INC.
YrJnY✓ f1. i3f( i1�4Y�yFr�wivl;i} y( i��: UKEh4�KLtia !�vY�Gi�i1✓3?�IiUNQ'+Y�M.9 WAS' �f' pK `JfW�JIM1W.�Miiwsi',ira�:�. /if4i iiYp3.f:.ii'M�
TABLE OF CONTENTS
PAGE NUMBERS
SECTION
A
ADVERTISEMENT FOR BIDS
A -1
SECTION
C
GENERAL CONDITIONS
0-1
0-7
SECTION
D
SPECIAL PROVISIONS
D -1
D -2
SECTION
E
PROPOSAL
E -1
E -2
SECTION
I
SPECIFICATIONS
I -1
I -5
WALTER A. CORNNELL, INC.
1.
ADVERTISENENT FOR BIDS
PAVING AND DRAINAGE PROJECT
Sealed proposals will be received at the office of the City Manager
246 Sea Road, Gulfstream, Florida, up to 2 P.M. on
at which time and place all proposals will be opene$'for the following:
Furnish all material, labor, equipment, and incidentals
required to repave.Polo Drive from Banyan Road north to
Old School Road and Banyan Road for 200 feet either side
of Polo Drive.
Any bid received after time and date specified will not be considered.
No bidder may withdraw his bid for a period of thirty (30) days
after the date set for the opening of bids.
Contract documents may be obtained from the Town Hall, 246 Sea Road,
Gulfstream, Florida.
The Town of Gulfstream reserves the right to reject any or all bids,
to waive informalities and to re- advertise.
A -1
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Acting__ ge
WALTER A. CORNNELL, INC.
7 -1 -66
SECTION C
GENERAL CONDITIONS
1. RIGHTS AND RESPONSIBILITY OF THE OWNER
A. Access and Inspection
The Owner and his authorized representatives shall be permitted free access and every
reasonable facility for the inspection of all work and materials, including the removal or un-
covering, at the Contractor's expense, of such portions of the finished work as may be directed.
B. Notice to Proceed
Within ten days after the execution of the Contract, the Owner and the Engineer shall con-
fer with the Contractor and the Owner shall set the timefor issuance of the written Notice to Pro-
ceed.
C. Changes in the Work
The Owner may make minor changes in the work not involving extra cost to the Contractor
and within the general scope of the work.
D. Temporary Suspension of Work
The Owner shall have authority to suspend the work wholly or in part for such period or
periods as may be deemed necessary, due to unsuitable weather, or such other conditions as are
considered unfavorable for the suitable prosecution of the work. No allowance of any kind will
be made for such suspension of work except an equivalent time for completion of the Contract.
E. Right to Terminate Contract
If the Contractor should be adjudged bankrupt, or if he should make a general assignment
for the benefit of his creditors, or if a receiver should be appointed for the Contractor, or if he
should persistently or repeatedly refuse or fail to supply enough properly skilled workmen or
proper materials, or if he should refuse or fail to make prompt payment to persons supplying
labor or materials for the work under the Contract, or persistently disregard instructions of the
Owner, or fail to observe or perform or be guilty of a substantial violation of any provision of
the Contract Documents, then the Owner, upon the written certificate of the Engineer indicating
the existence of sufficient cause, and after serving at least ten days' prior written notice to the
Contractor,; may terminate the Contract without prejudice to any other rights or remedies, and
take possession of the work andprosecute the same to completion, by contract or otherwise, and
the Contractor and his Sureties shall be liable to the Owner for any excess costs occasioned thereby
to the Owner; and the Owner may take possession of and utilize in completing the work such ma-
terials; appliances, and equipment as may be on the site of the work and necessary therefor.
F. Rights -of -way
All necessary rights -of -way for the proper completion of the work will be secured by the
Owner without cost to the Contractor and all operations shall be confined to these areas. The
Owner will provide no right -of -way over adjacent property and the Contractor shall take every
precaution to inconvenience as little as possible owners or tenants of adjacent property, and con-
tractor shall be responsible for any damages caused to adjacent property and will hold the Owner
harmlessfrom suchdamages andall costs, including council fees of defending any action initiated
against the Owner seeking such damages.
G. Priorities and Use of Completed Work
Without invalidating the Contract or impairing his rights hereunder, the Owner may direct
that certain portions of the work be given priority and be completed as usable units as soon as
possible.
Upon completion of anyusable units of the work and with due notice to the Contractor, the
Owner may take possession of and use such units, but such use shall not constitute final accept-
ance nor shall it waive any of the Contractor's responsibilities for any work not constructed in
accordance with the requirements of the Contract.
C -1
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;:'fi.
1
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.. 7 -1-6 -5
H. Notice and Service Thereof
All notices to the Owner or Contractor shall be in writing and shall be understood to have .
been delivered when they have been deposited in the United States Mail, properly stamped and
addressed to the Owner or to the office of the Contractor.
2. AUTHORITY OF THE ENGINEER
A.' General
The Engineer will advise and assist the Owner in the exercise of the Owner's rights and
responsibilities, supervise the inspection of the work done and materials furnished by the Con-
tractor, and carry out such other duties as are stated in these Specifications or delegated to him
by the Owner.
The Engineer will certify estimates for payment, approve or disapprove construction
schedules, working drawing and shop drawings and approve or disapprove materials and equipment
to be furnished.
The Engineer will notify the Owner and the Contractor concerning any violation of, or fail-
ure to comply with any part of the Contract by the Contractor, and take or recommend such other
steps authorized by the Specifications as he may deem necessary.
B. Interpretation of Plans and Specifications
The Engineer shall decide all questions concerning the interpretation of Plans and Speci-
fications pertaining to the character, quality, amount, and value of any work done and materials
furnished under or by reason of this Contract, and his estimate and decisions shall be final and
conclusive.
C. Inspectors
Inspectors, employedby the Owner or Engineer, and under the supervision of the Engineer,
shall be authorized to inspect all work performed and materials furnished, and to rejectmaterials
or to suspend work until the question at issue canbe referred to the Engineer or his duly authorized
representative for decision. The Inspector is not authorized to revoke, alter, or waive any re-
quirements of the Plans or Specifications, nor to approve or accept any portion of the work.
D. Extension of Time for Completion
If the Contractor be delayed at any time during the progress of the work due to unfor-
seeable circumstances beyond the control and without the fault or negligence of the Contractor,
including but not restricted to acts of God, or the public enemy, acts of the Government, fire,
flood, strikes and freight embargoes, then the time for completion of the work shall be extended
for a period equal to such delay, provided claim for such delay shall be made in writing to the
Owner by the Contractor within ten days from and after the beginning of such delay, and provided
further that, notwithstanding the foregoing or any other provision of this Contract, if at time of
final payment for the work the Owner shall determine that a delay for any reasonhas not and will
not resultin any damage to Owner, liquidated damages on accountof such delay as provided in the
Contract may be waived by the Owner.
3. RESPONSIBILITIES OF THE CONTRACTOR
A. Construction Schedule
Within two days after the execution of the Contract, the Contractor shall deliver to the
Owner a schedule of delivery of materials and a construction progress schedule in a form satis-
factory to the Canner, showing the proposed dates of commencement and the completion of each
of the various subdivisions of work.
In conjunction with the construction schedule, the Contractor shall furnish the Owner a
schedule of anticipated progress payments that will become due. At the same time he shall fur-
nish the Engineer with a detailed estimate giving a complete breakdown of the value of items of
work to be paid for in lump sums for the purpose of making partial payments thereon. The values
employed in making up any of these schedules will be used only for determining the basis of par-
tial payments and will not be considered as fixing a basis for additions to or deductions from the
contract price.
C -2
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7 -1 -66
B. Subcontractors
The Contractor may utilize the services of specialty subcontractors on those parts of the
work which, under normal contracting practices, are performed by specialty subcontractors,
PROVIDED:
(1) The Contractor shall notify the Engineer in writing of any subcontractors
to be utilized, and no subcontractor shall be employed without the written
approval of the Engineer.
(2) The Contractor shall be as fully responsible to the Owner for acts and
omissions of his subcontractors, and of persons either directly orindirect-
ly emplbyedby them, as he is for the acts and omissions of persons directly
employed by him.
(3) Nothing contained in this Contract shall create any contractual relation-
ship between any subcontractor and the Owner.
C. Responsibility for Damages
The Contractor shall indemnify and save harmless the Owner from all suits, actions, or
claims of any character brought on account of any injuries or damages received or sustained by
any person," persons, or property by or from the said Contractor, or by or in consequence of any
neglect in safeguarding the work, or through the use of unacceptable materials in the construction
of improvements or by or on account of any act or omission, neglect or misconduct of the said
Contractor, or by oron accountof any claimor amounts recoveredfor anyinfringement orpatent,
trademark, or copyright, or from any claims or amounts arising or recovered under the Work-
men's Compensation Law or of any other laws, by-laws, ordinances, orders, or decrees, to-
gether with all costs including council fees if Owner need defend any such suit, action or claim,
and so much of the money due the said Contractor under and by virtue of his Contract as shall be
considered necessarymay be retained by the Owner, or.in case no money is due, his Surety shall
be held until such suits, actions,or claims for injuries or damages, including council fees, shall
have been settled and suitable evidence to that effect furnished to the Owner.
The Contractor shall guarantee the payment of all just claims for materials, supplies,
tools, labor, or other just claims against him, or any subcontractor in connection with this Con-
tract, and his bonds will not be released by final acceptance and payment by the Owner unless all
such claims are paid or released.
D. Laws
All County, State, and Federal laws, regulations, or ordinances mustbe strictly observed.
The Contractor shall be responsible for all legal notices and signals to the public while the work
is in progress and shall take precautions that may be necessary to protect life and property.
E. Insurance
(1) Contractor's and Subcontractor's Insurance
The Contractor shall not continence work until he has obtained all the insurance re-
quired under this heading, ( "E. Insurance ") and until such insurance has been approved
by the Owner, nor shall the Contractor allow any subcontractor to commence work until
all similar insurance required of the subcontractor has been obtained and approved.
(2) Compensation Insurance
The Contractor shall procure and maintain Workmen's Compensation Insurancefor all
of his employees tobe engaged in work under this Contract, and he shall require any sub-
contractor similarly to provide Workmen's Compensation Insurance for all of the latter's
employees to be engaged in such work unless such employees are covered by the protec-
tion afforded by the Contractor's insurance. In case any employees are to be engaged in
hazardous work under this Contract and are not protected under the Workmen's Compen-
sation Statute, the Contractor shall provide and shall cause each subcontractor to pro-
vide adequate coverage for the protection of such employees.
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(3) Public Liability and Property Damage Insurance
The Contractor shall procure and shall maintain Public Liability Insurance in an amount
not less than $100,000 for injuries, including accidental death, to any oneperson, and sub-
ject to the same limit for each person, in an amount of not less than $300, 000, on account
of one accident, and Property Damage Insurance in an amount of not less than $100, 000.
F. Permits, Licenses, and Patents
The Contractor shallprocure all permits and licenses, pay all charges and fees, and give
all notice necessary and incidental to the prosecution of the work.
The Contractor shall indemnify the Owner from liability of any nature of kind for, or on
accountof anypatented or unpatented design, device, material, or processused in theperformance
of the Contract, including its use by the Owner.
G. Materials, Services, and Facilities
The Contractor shall provide and pay for all materials, labor, tools, equipment, water,
light, power, transportation, superintendence, temporary construction of every nature, and all
other services and facilities of every nature necessary to execute, complete, and deliver the
work within the specified time, except such materials, services, or facilities as are specified to
be furnished by the Owner.
H.• Assignment of Contract
The Contractor shall not assign in whole or in part this Contract, or any moneys due or
to become due thereunder without the written consent of the Owner.
I. Liens
Before the final acceptance of the work and the payment of the percentage retained by the
Owner, the Contractor shall furnish to the Owner proper and satisfactory evidence, under oath,
that all claims for labor and materials employed or used at the construction of said work have
been settled and no legal claim canbe filedagainst the Owner for suchlabor or materials. If such
evidence is not furnished to the Owner, such amounts as may be necessary to meet the unsatis-
fied claims may be retained from the moneys due to the Contractor under this Contract until the
liabilities shall be fully discharged. .
4. CONDUCT OF THE WORK
A. Supplementary Drawings
The Contractor will be supplied with three copies of the Plans and Specifications, and ad-
ditional copies may be obtained by the Contractor from the Engineer at net cost of reproduction
and handling. One copy of the Plans and Specifications will be kept at the site of the work at all
times. The general character and scope of the work are shown on the Plans. Where necessary,
they will be supplemented by such working drawings as are needed.
The Contractor shallfurnish suchworking drawings and detailed Plans as may be required
for the prosecution of the work, all of which shall be subjectto the approvalof the Engineer. The
approval of the Engineer, however, shall not relieve the Contractor of any responsibility for
accuracy of dimensions and details. The Contract price shall include the cost of furnishing all
working drawings.
The Contractor shall submit to the Engineer for approval four copies of all shop and setting
drawings and schedules required for the work, sufficientlyin advance of the construction require-
ments, and no work shall be fabricated by the Contractor, except at his own risk, until such ap-
proval has been given. The approval of any shop drawings by the Engineer shall not relieve the
Contractor from the responsiblity for the work or for any errors which may exist in the drawings.
B. Layout Surveys and Final Drawings
The Frigineer will furnish the Contractor with all necessary information relating tolines,
grades, bench marks, control points and location of the work. The Contractor shall furnish all
stakes and necessary labor and shall be responsible for the layout of the work and the establish-
ment of all lines and grades. All layout work may be checked and verified by the Engineer, and
the Contractor shall furnish all such necessary materials, equipment, labor, and assistance as
the Engineer may require. -
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7- Y -66
The Contractor shall keep an accurate record of the nature, location, and dimensions of all
work, especially such work as may subsequently become concealed or inaccessible, and trans-
mit this information, properly marked on a set of Contract Plans, to the Engineer when the work
is complete.
C. Labor, Material, and Equipment
The Contractor shall employ only competent and skilled men on the work and shall employ
a competent superintendent or foreman to be present at all times when the work is in progress
with authority to receive orders and execute the work.
The Contractor shall, upon demand from the Engineer, immediately remove any superin-
tendent, foreman, or other laborer whom the Engineer may consider incompetent or undesirable.
Should the Contractor fail to remove such person or persons or fail to furnish suitable or
sufficient machinery, equipment, or force for the prosecution of the work, the Engineer maywith-
hold all estimates which are, or may become due, or may suspend the work until such orders are
complied with.
All materials to be permanently installed shall be new, of the most suitable grade for the
purpose intended. Equipment shall be modern, in good condition, and of adequate size to perform
the duty required.
D. Substitution of Equipment
After the execution of the Contract, substitution of equipment of makes other than those
named in the Contract will be considered for two reasons only.
(1) That the equipment proposed for substitution is superior in construction
and /or efficiency to that named in the Contract.
(2) That the equipment proposed for substitution is equal in construction
and /or efficiency to that named in the Contract, in which case it will be
assumed that the cost to the Contractor of the equipment proposed to be
substituted is less than the equipment named in the Contract, and, if the
substitution is approved, the Contractprice shall be reduced correspond-
ing amount.
E. Defective Work and Materials
All materials furnished or work done, when not in accordance with the intent of the Plans
and Specifications, will be rejected and shall be removed immediately. and replaced by suitable
and satisfactory work or materials. Failure to reject any defective work or materials shall not
in any way prevent later rejection when such defect is discovered. It shall not relieve the Con-
tractor of his obligations to fulfill his Contract even though such work and materials may have
been previously inspected by the Engineer and accepted or estimated for payment; it shall not ob-
ligate the Owner to final acceptance, nor shall it prevent the Owner at any time subsequent from
recovering damages for work actually shown to be defective within one year's period after final
acceptance. -
If the Contractor fails to remove any defective work or materials, the Owner shall have
the right to stop the work and remedy the cause at the expense of the Contractor.
If the Engineer deems it expedient to accept minor imperfect work, the Owner shall have
the right to retain such work and an equitable deduction shall be made in the Contract price.
F. Inspection and Testine of Materials
When not other sie
When not otherwise specifically provided for in the Specifications, the inspection and testing
of materials and finished articles to be incorporated in the work shall be made by commercial
bureaus, laboratories, or agencies, approved by the Engineer, and the cost of such inspection
and testing shall be paid by the Owner.
G. Damage to the Work -
Until final acceptance of the work by the Engineer, it shall be under the charge and care
C -5
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7-1-6'6
of the Contractor, and he shall take every necessary precaution against injury or damage to the
work by the action of the elements or from any other cause whatsoever. The Contractor shall
rebuild, repair, restore, and make good, at his own expense, all injuries or damages to anypor-
tion of the work before its completion and acceptance.
H. Final Cleaning Up
Before the work is considered complete, all rubbish and unused material due to or con-
nected with the construction must be removed and the premises left in a condition satisfactory to
the Owner. All property, both public and private, disturbed or damaged during the prosecution
of the work shall be restored to its former condition. Final payment will be withheld until such
work is accomplished.
5. GUARANTEE
The Contractor shall guarantee that all equipment furnished and workperformed is free from de-
fects in workmanship, design, or materials for a period of one year after installation and acceptance
and if any part of the equipment or work should fail within this period, it shall be replaced and the unit
restored to operation at no cost to the Owner. The Surety Bond shall cover this guarantee.
6. SAFETY, PROTECTION, AND SANITATION
A. Safety
The Contractor shall furnish and install all necessary temporary works for theprotection
of the work and the safety of the public, and shall carry on his work in the manner best calcu-
lated to avoid injury to the public or to the workmen.
B. Protection of Adjacent Property and Utilities
The Contractor shall conduct his work in such manner as to avoid damage to adjacentpri-
vate or public property, and shall immediately repair or pay for any damage incurred through
his operations. -
The Contractor will not be required to move or remove any privately owned public utilities
such as gas mains and services, water mains and services, telephone cables, etc. , or to move
or remove any publicly ownedutilities except as specifically required in the Plans and Specifica-
tions.
The Contractor shall take cognizance of the location of all existing utilities and he shall
operate with due care in the vicinity of such utilities, and shall immediately repair or have re-
paired at no additional cost to the Owner any breakage or damage caused by his operations.
C. Sanitation
Necessary sanitary conveniences for the use of persons employed on the work shall be e-
rected and maintained free from nuisance by the Contractor, in a manner and at locations satis-
factory to the Engineer, and their use shall be strictly enforced. Upon completion of the work,
they shall be removed, leaving the premises clean.
PAYMENTS
A. Partial Payments
If the prosecution of the work is satisfactory, on or about the first day of each calendar
month, the Engineer will prepare an approximate estimate of the value of the work performed at
the site of the work up to and including the 25th day of the preceding month, which will be sub-
mitted to the Owner as the basis for partial payments. On or about the 15th day of each calen-
dar month, the amount of the estimate, less ten percent of this amount, which shall be retained
by the Owner until the final acceptance of all the work, shall become due and payable to the Con-
tractor.
The Engineer may also include in the estimate the value of materials to be permanently
installed in the work, which are stored on the job site, in which event copies of paid invoices
covering such materials must be submitted to the Engineer. Any such payments for materials
shall not relieve the Contractor of the responsibility for the care of, loss of, or damage to such
materials.
The approval for and /or paymentof any and allpartial payment requests shall not consti-
tute acceptance of any materials or items of work. All items are subject to final checking and
accounting upon completion and acceptance of the work under contract.
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7 -1 -66
B. Acceptance and Final Payment
Upon notice from the Contractor that his work is complete, the Engineer shall make final
inspection and shall notify the Contractor of all particulars in which his workfails to comply with
the Plans and Specifications, as well as any defects he may discover. The Contractor shall im-
mediately make such alterations as are necessary to comply with the requirements of the Plans
and Specifications to the satisfaction of the Engineer, after which the Engineer shall issue his
certificate of final acceptance to the Owner and prepare the final estimate, the payment of which
shall then become due and payable. The acceptance of the final payment by the Contractor shall -
operate as a release to the Owner from all claims and liabilities to the Contractor and all work
done or materials furnished, or for any act of the Owner or of his agents affecting the work.
C. Claims for Extra Payment
If the Contractor claims that any instructionby drawing or otherwise involves extra cost,
he shall so notify the Owner in writing within ten days after receipt of such instructions and, in
any event, before proceeding to execute the work.
8, SALES AND USE TAX
The Contractor shall pay at his own expense all State Sales and Use Tax that may apply to the
scope of the work and agrees to hold the Owner harmless in every respect against the payment of same.
9. SOCIAL SECURITY TAX, ETC.
The Contractor assumes and is liable specifically for all State and Federal so -called payroll or
Social Security Taxes and Unemployment Compensation Tax, and guarantees to hold the Owner harmless
in every respect against same.
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SECTION D
SPECIAL PROVISIONS
1. SCOFF
The Special Provisions contained in this Section are
intended to be cooperative with, to supplement, or to modify the
General Conditions, and Specifications, and the intent of any
and all Special Provisions shall govern.
2. EXTRA WORK OR ALTERATIONS
Without invalidating the Contract, the Owner may at any
time, by a written order, order extra work within the general
scope, or alter the work by addition or deduction, and the
Contract price shall be adjusted by appropriate change order.
If, during the progress of the work, actual field conditions
are encountered which require changes in the Plans or Specifications,
the Contractor shall call such conditions to the attention of the
Engineer by written notice. Any necessary changes, as determined
by the Engineer, will be made in the Plans and /or Specifications.
If these changes in the Plans or Specifications entail extra
materials and /or work by the Contractor, then the Contract price
shall be adjusted by written change order approved by the
Engineer and both parties to the Contract.
The value of such extra work or change shall be determined
by one of the following methods:
A. By Contract Unit Prices
If applicable unit prices are set forth in the Contract
then the value of the change shall be computed from such
prices and added to or deducted from the Contract price.
B. By Negotiation
The Owner and the Contractor
mental agreement to the Contract,
unit prices or lump sum, for the
deletion ordered.
C. By Cost and Percentage
may negotiate a supple -
at mutually satisfactory
extra work, addition, or
At the Owner's option, in case of extra work or an
increase in the work, the value of the work may be determined
by the actual cost to the Contractor of the materials, labor,
and insurance required, plus 15 per cent thereof as compensation
for overhead, superintendence, and profit, plus a reasonable
rental price for machinery and equipment required and
approved by the Engineer for the work.
D -1
WALTER A. COR\NELL, INC.
3. EXTRA PAYMENT
If valid claims for extra payment are made by the Contractor
and if the claim is then found to be just and proper, the procedure
thereafter for payment will be the same as that provided under
"Extra Work or Alterations."
4. MINIMUM WAGE REQUIREMENTS
The Bidder's attention is directed to the haws of Florida,
with respect to minimum wages to be paid on public works projects.
5•
All of the conditions which are known to a£fect.the
performance of the work have been shown on the Plans and /or described
in the Specifications, but the Owner makes no representation that
the conditions as shown or described are the conditions that will
be found in the field when actual construction is undertaken. It
will be the Bidder's responsibility to examine the Plans,
Specifications, and related documents and the site of the work
to determine to his satisfaction the surface and subsurface
conditions relating to the construction contemplated, and failure
to do so will not relieve the Contractor of complete performance
under this Contract.
6. EXAMINATION OF SITE
Before submitting his Proposal, the Bidder shall visit the
site of the proposed work and familiarize himself with the nature
and extent of the work and any local conditions that may in
any way affect the work to be done, and the equipment, materials,
and labor required. He shall also examine thoroughly the drawings,
Specifications, and Contract forms to inform himself regarding
any and all conditions and requirements that may in any manner
affect the work to be performed under this Contract.
IM
WALTER A. CORNNELL, INC.
SECTION E
PROPOSAL
Town of Gulfstream
Gulfstream
Florida
Gentlemen:
The undersigned, as Bidder, hereby declares that the only
person or persons interested in the Proposal as principal or
principals is or are named herein, and that no other person
than herein named has any interest in this Proposal or in the
Contract to be entered into; and that this Proposal is made
without connection with any other person, company, or parties
making bid or proposal; and that it is in all respects fair and
in good faith, without collusion or fraud.
The Bidder further declares that he has examined the
Specifications for the material items and agreement and general
conditions relative thereto, and has read all the Special Provisions
furnished prior to the opening of bids; and the Bidder further
declares that he has informed himself fully in regard to all
conditions pertaining to the work.
The Bidder proposes and agrees, if this Proposal is accepted,
to contract with the Daner in the form of contract specified,
to furnish all necessary material, equipment, machinery, tools
apparatus, means of transportation, and labor necessary to complete
the delivery and reasonably intended requirements of the Specifications,
Agreement and General Conditions to the full and entire satisfaction
of the Owner, for the following unit prices:
E -1
TOTAL AMOUNT 8,870.00
WALTER A. COR \YELL, INC.
ESTIMATED
UNIT
DESCRIPTION
QUANTITY
UNIT PRICE
AMOUNT
Asphaltic Concrete Surface
Type 2 1" Thick
1700 Sq.Yd.
3.50
5,950.00
Grading
Lump Sum
1,075.00
Inlet
1 Each
450.00
450.00
18" Bit. Coated Corr.
15.00
420.00
Metal Pipe
28 L.F.
General Repair and Replacement
Lump Sum
_ _
975.00
E -1
TOTAL AMOUNT 8,870.00
WALTER A. COR \YELL, INC.
The Bidder further proposes and agrees to commence
delivery of the material items with an adequate force and equip-
ment at the time stated in the notice from the 0wner to him to
proceed, and to complete all deliveries in the number of consecutive
calendar days bid, from the data stated in said notice required
by Specifications.
Address:
SWUNKMOMIMM
Delray Beach, Florida 33444
DATE January 21, 1972
Hardrives of Delray, Inc.
Firm
E -2
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WALTER A. CORNNELL, INC.
C. COMPENSATION:
There will be no direct compensation for this work
as payment for same is to be included under payment
received for "Asphaltic Concrete Surface ".
4. ASPHALTIC CONCRETE SURFACE:
A. DESCRIPTION:
The work covered by
and placing of Asphaltic
in accord with the plans.
B. MATERIALS:
this section is the furnishing
Concrete Surface Course,Type 2,
Asphaltic Concrete Surface shall be in accord with
the latest D.O.T. Specification for Type 2.
C.
1. Method of Measurement: The quantities to be paid
for under this section shall be measured in square
yards, as called for in the proposal. The paid
quantities shall include only the area of the pave-
ment complete, in place, and accepted.
In determining the area to be paid for, the length
to be used in the calculations shall be the actual
length measured along the surface of the completed
work, and the width shall be the width of this
surface course actually constructed within the lines
as shown on the plans, or designated by the engineer.
There will be no separate pay item for the bituminous
material used in the mixture.
2. Basis of Payment: The quantity of square yards
determined as provided above shall be paid for at
the contracted unit price per square yard for this
item.
The above price and payment shall be full compensation
for all of the work specified in this section, and
shall include all materials, equipment, tools, labor,
and incidentals necessary to complete the work.
The cost of the tack coat shall be included in the
price per square yard for this item.
Payment shall be made under -- Asphaltic Concrete
Surface Course Type 2 -- per square yard.
I -2
WALTER A. CORNNELL, INC.
5. INLETS:
A. DESCRIPTION:
The work specified in this section shall consist of
constructing inlets, manholes, and junction boxes. These
structures shall be constructed of Portland Cement concrete,
and reinforcing steel, with the necessary metal frames,
and gratings. They shall be constructed in conformity
with the detailed plans, and in accordance with these
specifications.
B. MATERIALS:
Concrete and steel shall be in accord with the latest
D.O.T. Specification.
C. COMPENSATION:
1. Method of Measurement: The quantities to be paid
for under this section shall be the number of inlets,
satisfactorily completed and accepted.
2. Basis of Payment: The quantities determined as
provided above shall be paid for at the contract
unit price each for inlets. Such price and payment
shall constitute full compensation for furnishing
all materials, and completing all of the work described
herein, or shown on the plans; and all excavations,
backfilling around the structure, furnishing and
placing of gratings, frames, and covers, and any
other necessary fittings, and all labor, equipment,
tools, and incidentals necessary to complete the work.
Payment shall be made under -- Inlets -- each.
6. PIPE CULVERTS:
A. DESCRIPTION:
The work specified in this section shall consist of
furnishing Bituminous Coated Corrugated Metal Pipe.,
conforming to these specifications, and of the size and
dimensions shown on the plans and installing such pipe at
such places as are shown on the plans, in conformity
with the lines and grades given.
This item shall include the furnishing and construction
of such joints and such connections to catch basins,
inlets, manholes, and walls, etc. as may be required to
complete the work as indicated on the plans.
I -3
WALTER A. CORNNELL, INC.
(.: .
B. MATERIAL:
Bituminous Coated Corrugated Metal Pipe shall be in
accord with the latest D.O.T. Specification. The pipe
for this job shall be 16 gage and capable of H -20
loading.
C. COMPENSATION:
1. Method of Measurement: The quantity to be paid
for under this section shall be measured in the
field and shall be centerline of Inlet to centerline
of Inlet.
2. Basis of Pa ent: The quantities determined as
prove e a Eve shall be paid for at the contract unit
price for pipe culvert.
Such price and payment shall be full compensation
for all work specified in this section and shall
include all materials, equipment, tools, labor and
incidentals necessary to complete the work.
The cost of connecting the culvert into the existing
Inlet shall be included in the price per linear foot
for this item.
Payment shall be made under "18" Bituminous Coated
Corrugated Metal Pipe" per linear foot.
]. GENERAL REPAIR & REPLACEMENT:
A. DESCRIPTION:
The work specified in this section shall consist of
but not be limited to the following:
1. Adjust Utility value boxes as required.
2. Adjust Grates on existing Inlets.
3. Adjust Private Drives within the right -of -way.
4. Protect and /or repair lams, shubbery, sprinkler
systems within the right-of-way.
5. Clean up site at completion of Work.
6. Replace Inlet grates as required.
I -4
WALTER A. CORNNELL, INC.
B. COMPENSATION:
There will be no direct measurement for this item.
Payment received for this item will constitute full
compensation for all materials, labor, equipment, tools,
and incidentals required to complete the work.
I -5
WALTER A. CORNNELL, INC.
I
SPECIFICATIONS
1. GENERAL:
Portions of the Standard Specifications for Road and
Bridge Construction, of the Florida State Department of Trans-
portation, herein after referred to as D.O.T. Specifications, are
included by reference. These construction specifications included
by reference control those related items just as though the
specifications were repeated in total.
2. GRADING:
A. DESCRIPTION:
The work covered by this section consists of
excavation for inlets and storm drains, scarifing the
existing pavement, removal and disposal of existing
pavement, curb etc., furnish and place embankment to
bring cross section of streets to that shown on Plan.
B. COMPENSATION:
The payment shall constitute full compensation for
all work in this section and shall include all hauling
costs; any handling that may be necessary to accomplish
final disposition as shown on the plans; removal of trash,
vegetation etc. from the site; compacting as required; and
furnishing of all materials, equipment, tools, labor and
incidentals necessary to complete the work. Payment shall
be made under "Grading - -- Lump Sum ".
3. LIMEROCK BASE:
A.
The work specified in this section consists grading
the existing base, furnishing and compacting of limerock
to bring the cross section of the existing road to that
shown on the plan and prepare the surface, including
prime coat, for the surface course.
B. MATERIALS:
Limerock shall be in accord with the latest D.O.T.
Specification. Prime coat shall be bituminous material
in accord with the D.O.T. Specifications.
I -1
WALTER A. CORNNELL, INC.
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