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Item C16
C.16 BOARD OF COUNTY COMMISSIONERS County of Monroe i�f Mayor Heather Carruthers,District 3 h} ] ' Mayor Pro Tem Michelle Coldiron,District 2 The Florida Keys Craig Cates,District l E j David Rice,District 4 ak e4^: d y!yu% Sylvia J.Murphy,District 5 County Commission Meeting October 213, 2020 Agenda Item Number: C.16 Agenda Item Summary #7335 BULK ITEM: Yes DEPARTMENT: Engineering/Roads TIME APPROXIMATE: STAFF CONTACT: Tyler Jackson (305) 393-5450 N/A AGENDA ITEM WORDING: Approval of an Agreement with Pavement Technology, Inc. in the not to exceed amount of $611,971.95 for application of Reclamite Asphalt Rejuvenation Agent on recently resurfaced streets in Big Pine Key and Key Largo to extend the life of the asphalt. This contract is being procured utilizing competitively bid pricing under a joint cooperative bid for City of Margate, Fl. ITEM BACKGROUND: Monroe County is initiating a proactive pavement maintenance program by treating roads early in the pavement life cycle to extend life of asphalt and avoid higher cost rehabilitation methods (milling and resurfacing) later in the life cycle. Roads in Big Pine Key were part of the Cudjoe Regional Wastewater Project in 2015/2017, and roads in Key Largo were resurfaced in 2016/2017. The work will be performed in accordance with the City of Margate, Florida contract specifications for pavement preservation. The procurement of the services is in accordance with Monroe County Code Section 2-347(e)(2) and Monroe County Purchasing Policy Chapter 7. Exclusions C. Cooperative Purchasing. PREVIOUS RELEVANT BOCC ACTION: The Board approved an Agreement on March 19, 2020 to perform pavement treatment on county roads in other areas/segments of the Keys. CONTRACT/AGREEMENT CHANGES: New Agreement STAFF RECOMMENDATION: Approval as Requested DOCUMENTATION: Contract Pavement Preservation FY 2021 - Signed City of Margate Contract FINANCIAL IMPACT: Packet Pg. 559 C.16 Effective Date: 10/21/20 Expiration Date: 30 Days After Completion of Work Total Dollar Value of Contract: $611,971.95 Total Cost to County: $611,971.95 Current Year Portion: $611,971.95 Budgeted: Yes Source of Funds: 304-27000-560630: $575,000 102-22500-560630: $36,971.95 CPI: Indirect Costs: Estimated Ongoing Costs Not Included in above dollar amounts: Revenue Producing: If yes, amount: Grant: County Match: Insurance Required: Yes Additional Details: 10/21/20 304-27000 TRANSPORTATION PROJECTS $575,000.00 10/21/20 102-22500 ROAD DEPARTMENT $36,971.95 Total: $611,971.95 REVIEWED BY: Judith Clarke Completed 10/06/2020 1:07 PM Christine Limbert Completed 10/06/2020 2:46 PM Purchasing Completed 10/06/2020 2:56 PM Budget and Finance Completed 10/06/2020 3:09 PM Maria Slavik Completed 10/06/2020 3:11 PM Liz Yongue Completed 10/06/2020 4:02 PM Board of County Commissioners Pending 10/21/2020 9:00 AM Packet Pg. 560 C.16.a Standard Form of Agreement Between Owner and Contractor Where the basis of` ay ent is a STIPULATED SUM 2 CrJ AGREEMENT 0 Made as of the 21 st day of October in the year of Two Thousand and Twenty. 0 CrJ BETWEEN theOwner: Monroe County Board of County Commissioners (" CC") 2 CU 1100 Simonton Street Key West, Florida 330 ("Owner") CL d the Contractor: Pavement Technology Inc.. 24144 Detroit Road a) Westlake, Ohio 44145 ("Contractor") > For the following Project Pavement Preservation Project _ Cn Various Locations Monroe County, Florida ("Project") 0 The Owner and Contractor agree as set forth below. CL ARTICLE 1 The Contract Documents The Contract Documents consist of this Agreement, County Forms (Ethics Clause; Non-Collusion CL Affidavit; Drug-FreeWorkplace; Public Entity Crime Statement, Vendor Certification Regarding Scrutinized Companies Lists), Insurance Requirements and Documents, and other documents listed in this Agreement and Modifications issued after execution of this Agreement. These form the Contract a and are as fully a part of the Contract as if attached to this Agreement or repeated herein. The Contract represents the entire and integrated agreement between the parties hereto and supersedes prior negotiations, representations or agreements, either written or oral. This Agreement is being procured in accordance with Monroe County Code Sec. 2-347(e)(2) utilizing competitive pricing under a joint cooperative bid forte City of Margate, Miami-Gardens and Plantation with the City of Margate as the lead agency under Bid No. 2019-009 Asphalt Rejuvenation Project 10/21/20 CONTRACT DOCUMENTS � Packet Pg. 561 C.16.a Pavement III-ese'vt Cut Notice Requirement All written correspondence to the COUNTY shall be dated and signed by an authorized representative of the CONTRACTOR. Any notice required or permitted under this agreement shall be in writing and hand delivered or mailed, postage pre-paid, to the COUNTY by certified mail, return receipt requested, tot e following: s. Judith Clarke, P.E. Director of Engineering Services U Monroe County 100 Simonton Street, Room 2-216 0 1- Key Nest, Florida 33040 CU Forte Contractor; 0 Chris Evers CU Pavement Technology Inc. 2144 Detroit Road 2 Westlake, Ohio 44145 ---------RTICLE 2 > e Work of thisContract The Contractor shall execute the Scope of Work as specified and described in Attachment A. The en contract constitutes the entire and exclusive agreement e een the Owner and the Contractor with reference to the Pavement Preservatio r cct® 0 CU Date of Commencement t ti Completion 3.1 The date of commencement is the date from is e Contract Time of Paragraph 3.2 is measured, ands all be the date specified in the Notice to Proceed issued tot e Contractor by the Owner. Q. 3.2 The Contractor shall achieve Substantial Completion of the entire Work not later than 120 s after the Date of Commencement, subject to adjustments of the Contract Time as provided by CL the Contract Document. U Uncontrollable Circumstance r- 3.3 Any delay or failure of either Party to perform its obligations under this Agreement will be excused to the extent that the delay or failure was caused directly by an event beyond such Party@s control, without such Party°s fault or negligence and that by its nature could not have been foreseen by such Party or, if it could have been foreseen, was avoidable: (a) acts of God; ( ) flood, fire, U CU earthquake, explosion, tropical storm, hurricane or other declared emergency in the geographic area of theProject; (c) war, invasion, hostilities (whether war is declared or not), terrorist threats or acts, riot, or other civil unrest in the geographic area of theProject; (d) government order or law in the geographic area of the Project; (e) actions, embargoes, or blockades in effect on or after the date of this Agreement; (f) action by any governmental authority prohibiting work in the geographic area of the Project;(each, a "Uncontrollable Circumstance"). CONTRACTOR'S financial inability to perform, changes in cost or 10/21/20 CONTRACT DOC E TS 2 Packet Pg. 562 Pavement Presavaiioll pn&,g availability of materials, components, or services, market conditions, or supplier actions or contract disputes will not excuse performance by Contractor under this Section. Contractor shall give County written notice within 7 days of any event or circumstance that is reasonably likely to result in an Uncontrollable Circumstance, and the anticipated duration of such Uncontrollable Circumstance. Contractor shall use all diligent efforts to end the Uncontrollable Circumstance, ensure that the effects of any Uncontrollable Circumstance are minimized and resume full performance under this Agreement. The County will not pay additional cost as a result of an Uncontrollable Circumstance. The Contractor may only seek a no cost Change Order for such reasonable time as the Owners Representative may 0 determine. CU U 0 0 1- ARTICLE 4 CU Contract Sum .0 CU 4.1 The owner shall pay the Contractor in current funds for the Contractor's performance of the Contract, for the Pavement Preservation Projec at a rate of $0.95 per Square Yard of 2 CL asphalt pavement treated, for a total not to exceed amount of Six Hundred and Eleven r- Thousand, Nine Hundred and Seventy One Dollars and Ninety Five Cents ($611,971.95) a) E a) ("Contract Sum") subject to additions and deductions as provided in the Contract Documents. > ARTICLE 5 T-- en Progress Payments Q N 5.1 Based upon Invoices submitted by the Contractor tote Owner, the Owner shall make progress >- U- payments on account of the Contract Sum tote Contractor as provided below and elsewhere in the 2r- . Contract Documents. Contractor shall submit tote County invoices with supporting documentation that CU are acceptable to the Clerk. Acceptability tote Clerk is based on generally accepted accounting > principles and such laws, rules, and regulations as may govem the Clerk's disbursal of funds. CL 5.2 The period covered by each Invoice for payment shall be one calendar month ending on the last day of the month. E CL 5.3 County shall pay pursuant to the Local Government Prompt Payment Act 218.70 Florida U Statutes. 2 r- 0 5.4 Each Invoice for Payment shall be based upon the Rate of $0.95 per Square Yard of asphalt pavement treated in accordance with the Contract Documents. The Invoice shall conform to the Rates and Contract Sum and be prepared in such form and supported by such data to substantiate its accuracy E as the Owner may require. The list of roads to be treated, unless objected to by the Owner, shall be used U as a basis for reviewing the Contractor's Invoices. < 5.5 Invoices for Payment shall indicate the amount of the or completed as of the end of the period covered byte Invoice for Payment. 10/21/20 CONTRACT DOCUMENTS 3 Packet Pg. 563 C.16.a Pavement Preservation 111-oicel 5.6 Subject to the provisions of the Contract Documents, the amount of each progress payment shall be computed as follows: 5.6.1 Take that portion of the Contract Sum properly allocable to completed ork as determined by multiplying the contract rate by the square yards of asphalt treated, less retainage of Ten percent (10%). Pending final determination of cost to the Owner of changes in the Work, amounts not in dispute may be included in Invoices for Payment. The amount of credit to be allowed by the Contractor to the Owner for a deletion or change which results in a net decrease in the Contract Sum shall be actual net cost as CU confirmed y the Owner. When both additions and credits covering related Work or substitutions are U involved in a change the allowance for overhead and profit shall be figured on the basis of net increase, if any, with respect to that change. 0 1— CU 5.6.2 Subtract the aggregate of previous payments made by theOwner; and 0 5.6.3 Subtract amounts, if any, for which the Owner has withheld or nullified a Certificate for CU Payment. CL 5.7 The progress payment amount determined in accordance with Paragraph 5.6 shall be further modified under the following circumstances: CU 5.7.1 Add, upon Substantial Completion of the Work, a sum sufficient to increase the total payments to Ninety percent ( %) of the Contract Sum, less such amounts s the Owner recommends and determines for incomplete Work and unsettled claims en r U- Final Payment r- CU Final payment, constituting the entire unpaid balance oft e Contract Sum, shall be made by the Owner to the Contractor when (1) the Contract has been fully performedy the Contractor except for the Contractor's responsibility to correct nonconforming Work and to satisfy other requirements, if any, CL which necessarily survive final payment: and (2) a Final Project Certificate for Payment has been issued by the ProjectManager: such final payment shall be made by the Owner not more than 20 days after the issuance of the Final project Certificate for Payment. CL r- 0 Insurance 7.1 prior to commencement of work the Contractor will provide satisfactory evidence of insurance in the form of Certificates of Insurance as required in the Insurance Statement. CU CU T2 The Contractor shall name the Monroe County Board of County Commissioners, its employees and officials as `Additional Insured" on all policies except forWorker's Compensation. Insurance t to e 10/21/20 CONTRACT DOCUMENTS 4 Packet Pg. 564 C.16.a The Insurance requirements are as follows® Insurance e( uireuaent Limits Worker's Compensation Statutory Limits Employer's Liability C $1, 00,000/$1,00a,a 0/s 1,000,000 0 General Liability GL3 $ 1,000,000 Combined Single Limit 0 J GL CU *Required Endorsement Underground, Explosion and Collapse (XCU) Vehicle Liability VL 500,000 perperson; $1,0 0,000 per occurrence 0 (Owned, hired an $100, 0 Property Damage Non- owned Vehicles) or $1,000,000 Combined Limit Q. All insurers shall have an A.M. Best rating of VI or better and shall be licensed to do business in the state of Florida. ARTICLE 8 en Miscellaneous Provisions 04 8.1 Where reference is made in this Agreement to a provision or another Contract Document, the reference refers to that provision as amended or supplemented by other provisions of the Contract oc ents. 0 CU 8.2 Payments due and unpaid under the Contract shall bear interest pursuant to the Local Government Prompt Payment Act 218.735 2 .3 Monroe County's performance and obligation to pay under this contract is contingent upon an annual appropriation by the Board of County Commissioners. CL 8.4 Public Entities Crimesy signing this Agreement, Contractor represents that the execution of this Agreement will not violate the Public Entities Crime Act(Section 27.133, Florida Statutes), Violation of this section shall result in termination of this Agreement and recovery of all monies paid hereto and may result in debarment from Co 's competitive procurement activities. In addition to the foregoing, Contractor further represents that there has been no determination, U based on an audit, that it or any subcontractor has committed an act defined by Section 287.133, Florida Statutes, as a "public entity crime" and that it has not been formally charged with committing an act defined as a `public entity crime" regardless of the amount of money involved or whether Contractor has been placed on the convicted vendor list. 10/ 1/20 CONTRACT DOCUMENTS 5 Packet Pg. 565 C.16.a Pavement Preservation P!:6,ect Contractor will promptly notify the County if it or any subcontractor is formally charged with an act defined as a "public entity crime" or has been placed on the convicted vendor list. A person or affiliate who has been placed on the convicted vendor list following a conviction for public entity crime may not submit a bid on a contract to provide any goods or services to a public entity, may not submit a bid on a contract with a public entity for the construction or repair of a public building or public work, may not submit bids on leases of real property to public entity, may not be awarded or perform work as contractor, supplier, subcontractor, or consultant under a contract with any public entity, and may not transact business with any public entity in excess of the threshold amount provided in Section 287.017, CU for CATEGORY TWO for a period of 36 months from the date of being placed on the convicted vendor U list. 0 8.5 The following items are part of this contract: a) Maintenance of Records: Contractor shall maintain all books, records, and documents 0 directly pertinent to performance under this Agreement in accordance with generally accepted accounting principles consistently applied. Each party to this Agreement or Cn their authorized representatives, shall have reasonable and timely access to such records 2 CL of each other party to this Agreement for public records purposes during the term of the Agree ent and for four years following the termination of this Agreement. If an auditor employed by the County or Clerk determines that monies paid to Contractor pursuant to a) CU this Agreement were spent for purposes not authorized by this Agreement, the Contractor shall repay the monies together with interest calculated pursuant to See. 55.03; F'S, running from the date the monies were paid to Contractor. Cn b) Right to Audit: Availability ofRecords. The records of the parties to this Agreement relating to the Project, which shall include but not be limited to accounting records (hard copy, as well as computer readable data if it can be made available; subcontract files (including proposals of successful and unsuccessful bidders, bid recaps, bidding U- U- instructions, bidders list, etc.); original estimates; estimating work sheets; 0 correspondence; change order files (including documentation covering negotiated CU settlements); backcharge logs and supporting documentation; general ledger entries detailing cash and trade discounts earned, insurance rebates and dividends; any other 2 CL supporting evidence deemed necessary by Owner to substantiate charges related to this agree ent, and all other agreements, sources of information and matters that may in Owner's reasonable judgment have any bearing on or pertain to any matters, rights, > duties or obligations under or covered by any contract document (all foregoing CL hereinafter referred to as "Records") shall be open to inspection and subject to audit and/or reproduction byOwner's representative and/or agents o Owner. Owner may also conduct verifications such as, but not limited to, counting employees at the job site, a witnessing the distribution of payroll, verifying payroll computations, overhead computations, observing vendor and supplier payments, miscellaneous allocations, special charges, verifying information and amounts through interviews and written CU confirmations with employees, Subcontractors, suppliers, and contractors' representatives. All records shall be kept for seven(7)years after Final Completion. 10/21/20 CONTRACT OC NT 6 Packet Pg. 566 C.16.a Nt+ct eni Project c) Governing Law, Venue, Interpretation, Costs, and Fees: This Agreement shall be governed y and construed in accordance with the laws of the State of Florida applicable to contracts made and to be performed entirely in the State. In the event that any cause of action or administrative proceeding is instituted for the enforcement or interpretation of this Agreement, the County and Contractor agree that venue shall lie in the appropriate court or before the appropriate administrative body in Monroe County, Florida. This Agreement shall not be subject to arbitration. U 0 } ever ill : If any term, covenant, condition or provision of this Agreement (or the application thereof to any circumstance or person) shall be declared invalid or unenforceable to any extent by a court of competent jurisdiction, the remaining terms, CU covenants, conditions and provisions of this Agreement, shall not be affected thereby; and each remaining term, covenant, condition and provision of this Agreement shall be 0 valid and shall be enforceable to the fullest extent permitted y law unless the CU enforcement of the remaining terms, covenants, conditions and provisions of this Agreement would prevent the accomplishment of the original intent of this Agreement. 2 CL The County and Contractor agree to reform the Agreement to replace any stricken provision with a valid provision that comes as close as possible to the intent of the stricken provision. > e) Attorney's Fees and Costs: The County and Contractor agree that in the event any cause of action or administrative proceeding is initiated or defended by any party relative to the enforcement or interpretation of this Agreement, the prevailing party shall be en entitled to reasonable attorey's fees and court costs, as an award against the non- prevailing party, and shall include atto ey's fees and courts costs in appellate proceedings. Mediation proceedings initiated and conducted pursuant to this Agreement �- shall be in accordance with the Florida Rules of Civil Procedure and usual and customary procedures required by the circuit court of Monroe County. Bindingect: The terms, covenants, conditions, and provisions of this Agreement shall bind and inure to the benefit of the County and Contractor and their respective legal CL representatives, successors, and assigns. a) g} Authority: Each party represents and warrants to the other that the execution, deliveryCU CL and performance of this Agreement have been duly authorized by all necessary County and corporate action, as required by law. 0 h) Claims for Federal or State : Contractor and County agree that each shall be, and is, empowered to apply for, seek, and obtain federal and state funds to further the purpose of this Agreement. Any conditions imposed as a result of funding that effect the Project will be provided to each party. i} Nondiscrimination: County and Contractor agree that there will be no discrimination against any person, and it is expressly understood that upon a determination by a court of competent jurisdiction that discrimination has occurred, this Agreement automatically terminates without any further action on the part of any party, effective the date of the 10/21/20 CONTRACT OC NT 7 Packet Pg. 567 C.16.a Pavement ent 1'rewrvation 1'roje d court order. County or Contractor agree to comply with all Federal and Florida statutes, and all local ordinances, as applicable, relating to nondiscrimination. These include but are not limited to: 1) Title VI of the Civil Rights Act of 19 ( L 88-352) which prohibits discrimination on the basis of race, color or national origin; 2) Title IX of the Education Amendment of 1972, as amended (20 USC ss. 161-183, and 1685-1686), which prohibits discrimination on the basis of sex; 3) Section 504 of the Rehabilitation Act of 1973, as amended (20 USC s. 794), which prohibits discrimination on the basis of handicaps; ) The Age Discrimination Act of 1975, as amended ( 2 USC ss. 6101-6107) 2 which prohibits discrimination o the basis o age; 5) The rug Abuse ffice and U Treatment Act of 1972 (PL 92-255), as amended, relating to nondiscrimination on the basis of drug abuse; 6) The Comprehensive Alcohol Abuse and Alcoholism Prevention, Treatment and Rehabilitation Act of 1970 (PL 91-61 ), as amended, relating toCU nondiscrimination on the basis of alcohol abuse or alcoholism; 7) The Public Health Service Act of 1912, ss. 523 and 527 ( 2 USC ss. 69dd-3 and 290ee-3), as amended, relating to confidentiality of alcohol and drug abuse patient records; 8) Title VIII of the CU Civil Rights Act of 168 (42 USC s. 361 et se .), as amended, relating to nondiscrimination in the sale, rental or financing of housing- 9) The Americans with 2 Disabilities Act of 1990 (42 USC s. 12101 Note), as may be amended from time to time, relating to nondiscrimination on the basis of disability; 0) Monroe County Code Chapter 14, Article 11, which prohibits discrimination on the basis of race, color, sex., religion, national origin, ancestry, sexual orientation, gender identity or expression, CU familial status or age; 11) Any other nondiscrimination provisions in any Federal or state statutes which may apply to the parties to, or the subject matter of, this Agreement. en j) Covenant of NoInterest: County and Contractor covenant that neither presently has any interest, and shall not acquire any interest, which would conflict in any manner or Q degree with its performance under this Agreement, and that only interest of each is to perform and receive benefits as recited in this Agreement. 0 CU k) Code of Ethics: County agrees that officers and employees of the County recognize and will be required to comply with the standards of conduct for public officers and employees as delineated in Section 112.313, Florida Statutes, regarding, but not limited to, solicitation or acceptance of gifts; doing business with one's agency; unauthorized compensation; misuse of public position, conflicting employment or contractual a) relationship; and disclosure or use of certain information. CL 1} No Solicitation/Payment: The County and Contractor warrant that, in respect to itself, it has neither employed nor retained any company or person, other than a bona fide r_ employee working solely for it, to solicit or secure this Agreement and that it has not paid or agreed to pay any person, company, corporation, individual, or firm, other than a bona fide employee working solely for it, any fee, commission, percentage, gift, or other consideration contingent upon or resulting from the award or making of this Agreement. CU For the breach or violation of the provision, the Contractor agrees that the County shall have the right to terminate this Agreement without liability and, at its discretion, to offset from onies owed, or otherwise recover, the full amount of such fee, commission, percentage, gift, or consideration. 10/21/20 CONTRACT DOCUMENTS 8 Packet Pg. 568 C.16.a Pavement Pr srxrVL11ior Crq ec_t Public Records Compliance. Contractor must comply with Florida public records laws, including but not limited to Chapter 119, Florida Statutes and Section 24 of article I of the Constitution of Florida. The County and Contractor shall allow and permit reasonable access to, and inspection o , all documents, records,papers, letters or other"public record"materials in its possession or under its control subject to the provisions of Chapter 119, Florida Statutes, and made or received by the County and Contractor in conjunction with this contract and related to contract performance. The County shall have the right to unilaterally cancel this contract upon violation of this provision by the Contractor. Failure o the Contractor to abide by the terms of this provision shall be U deemed a material breach of this contract and the County may enforce the terms of this provision in the form of a court proceeding and shall, as a prevailing party, be entitled to 1— reimbursement of all atto ey's fees and costs associated with that proceeding. This CU provision shall survive any termination or expiration oft e contract. The Contractor is encouraged to consult with its advisors about Florida Public Records Law in order 0 to comply with this provision. CU Pursuant to F.S. 119. 71 and the terms and conditions oft is contract, the Contractor is required to: (1) Keep and maintain public records that would be required by the County to perfonn the service. 2 CL (2) Upon receipt from the County's custodian of records, provide the County with a copy of the requested records or allow the records to be inspected or copied within a reasonable time at a cost that does not exceed the cost provided in this chapter or as otherwise provided by law. (3) Ensure that public records that are exempt or confidential and exempt from lic records CU disclosure requirements are not disclosed except as authorized by law for the duration of the contract term and following completion of the contract if the contractor does not transfer the records to the County. en ( ) Upon completion of the contract, transfer, at no cost, to the County all public records in possession of the Contractor or keep and maintain public records that would be required by the County CD to perform the service. If the Contractor transfers all public records to the County upon completion of the contract, the Contractor shall destroy any duplicate public records that are exempt or confidential and exempt from public records disclosure requirements. If the Contractor keeps and maintains public CU records upon completion of the contract, the Contractor shall meet all applicable requirements for retaining public records. All records stored electronically must be provided to the County, upon request from the County's custodian of records, in a format that is compatible with the information technology CL systems of the County. (5) A request to inspect or copy public records relating to a County contract must be made directly to the County, but if the County does not possess the requested records, the County shall immediately CU notify the Contractor of the request, and the Contractor must provide the records to the County or allow CL the records to be inspected or copied ithin a reasonable time. 0 If the Contractor does not comply with the County's request for records, the County shall enforce the public records contract provisions in accordance with the contract, notwithstanding the County's option and right to unilaterally cancel this contract upon violation of this provision by the Contractor. A Contractor who fails to provide the public records to the County or pursuant to a valid public records request within a reasonable time may be subject to penalties under sectionl 1 .10, Florida Statutes. The Contractor shall not transfer custody, release, alter, destroy or otherwise dispose of any public records unless or otherwise provided in this provision or as otherwise provided by law. 10/21/20 CONTRACT DOCUWNTS 9 Packet Pg. 569 C.16.a OF CHAPTER 119. FLORIDA STATUTE&JO THE IF THE CONTRACTOR HAS WESTIONS REGARDING THE APPLICATION RECORDS.TO PROVIDE PUBLIC RECORDS RELATING TO THIS CONTRACT, CONTACT THE CUSTODIAN OF PUBLIC MONROE COUNTY 9 12TH Street, SUITE M WEST, FL 33040. 0 - - n) Non-Waiver of Immunity: Notwithstanding the provisions of Sec. 78.28, :Florida .0 CU Statutes, the participation of the County and the Contractor in this Agreement and the acquisition of any commercial liability insurance coverage, self-insurance coverage, or local government liability insurance C pool coverage shall not be deemed a waiver of immunity tot e extent of liability coverage, nor shall any CU contract entered into by the County be required to contain any provision for waiver. o} Privileges and Immunities: All of the privileges and immunities from liability, CL exemptions from laws, ordinances, and rules, pensions and relief, disability, workers' compensation, and other benefits which apply to the activity of officers, agents, oremployees of any public agents or employees of the County, when performing their respective functions under this Agreement within theCU territorial limits of the County shall apply to the same degree and extent to the performance of such functions and duties of such officers, agents, volunteers, or employees outside the territorial limits of the County. en r p) Legal Obligations and Responsibilities: Non-Delegation of Constitutional or Statutory Duties. This Agreement is not intended to, nor shall it be construed as, relieving any participating entity from any obligation or responsibility imposed upon the entity y law except to the extent of actual and U_ timely performance thereof by any participating entity, in which case the performance may be offered in r_ satisfaction of the obligation or responsibility. Further, this Agreement is not intended to, nor shall it be CU construed as, authorizing the delegation of the constitutional or statutory duties of the County, except to the extent permitted by the Florida constitution, state statute, and case law. } - e "a ce by Non-Parties: No person or entity shall be entitled to rely upon the terms, or any of them, of this Agreement to enforce or attempt to enforce any third-party claim or a) entitlement to or benefit of any service or program contemplated ereuner, and the County and the CU Contractor agree that neither the County nor the Contractor or any agent, officer, oremployee of either shall have the authority to inform, counsel, or otherwise indicate that any particular individual or group of individuals, entity or entities, have entitlements or benefits under this Agreement separate and apart, 0 inferior to, or superior to the community in general or for the purposes contemplated in this Agreement. r) Attestations: Contractor agrees to execute such documents as the County may reasonably require, including a Public Entity Crime Statement, an Ethics Statement, and a rug-Free CU Workplace Statement. s) No Personal Liability: No covenant or agreement contained herein shall be deemed to be a covenant or agreement of any member, officer, agent oremployee of Monroe County in his or her 1 /21/20 CONTRACT C TS 10 Packet Pg. 570 C.16.a individual capacity, and no member, officer, agent or employee of Monroe County shall be liable personally on this Agreement or be subject to any personal liability or accountability y reason of the execution of this Agreement. t) Execution in Counterparts: This Agreement may be executed in any number of counterparts, each of which shall be regarded as an original, all of which taken together shall constitute one and the same instrument and any of the parties hereto may execute this Agreement y signing any such counterpart CU U 0 u) Section Headings: Section headings have been inserted in this Agreement as a matter of convenience of reference only, and it is agreed that such section headings are not a part of this 0 Agreement and will not be used in the interpretation of any provision of this Agreement. v) Special Conditions: Any special conditions are detailed in Article 10. .0 CU Hold Harmless and Indemnification: Notwithstanding any minimum insurance requirements prescribed elsewhere in this agreement, the Contractor covenants and agrees that he shall CL defend, indemnify and hold the COUNTY and the C T 's elected and appointed officers and employees, and harmless from and against (i) claims, actions or causes of action, (ii) litigation, administrative proceedings, appellate proceedings, or other proceedings relating to any type of injury CU (including death), loss, damage, fine, penalty or business interruption, and (iii) costs or expenses that may be asserted against, initiated with respect to, or sustained by the County and the C TY's elected and appointed officers and employees from liabilities damages, losses and costs, including but not limited to, reasonable atto e 's fees, to the extent caused by the negligence, recklessness, or intentional en wrongful misconduct of the Contractor and persons employed or utilized by the indemnifying party in the performance of the construction contract. The monetary limitation of liability under this contract shall be not less than $1 million per occurrence pursuant to F. S. 72 . . Insofar as the claims, actions, �- causes of action, litigation, proceedings, costs or expenses relate to events or circumstances that occur r- during the term of this Agreement, this section will survive the expiration of the term of this Agreement CU or any earlier termination of this Agreement. In the event the completion of the project (including the work of others) is delayed or suspended as a CL result of the Contractor's failure to purchase or maintain the required insurance, the Contractor shall indemnify the County from any and all increased expenses resulting from such delay. CU CL The first ten dollars ($1 .00) of remuneration paid to the Contractor is for the indemnification provided U for above. r- 0 The extent of liability is in no way limited to, reduced, or lessened by the insurance requirements contained herein. In the event any claims are brought, or actions are filed against the County with respect to the indemnity contained herein, the Contractor agrees to defend against any such claims or actions regardless of whether such claims or actions are rightfully or wrongfully brought or filed. TheCU Contractor agrees that the County may select the attorneys to appear and defend such claims or actions on behalf of the County. The Contractor further agrees to pay at the Contractor's expense the attorneys' fees and costs incurred by those attorneys selected by the County to appear and defend such actions or claims on behalf of the County at both the trial and appellate levels. The County at its sole option, shall 10/21/20 CONTRACT DOCUMENTS 11 Packet Pg. 571 C.16.a Pavement Preservation have the sole authority for the direction of the defense, and shall be the sole judge of the acceptability of any compromise or settlement of any claims or actions against the County. x) Adjudication of Disputesr Disagreements: COUNTY and CONTRACTOR agree that all disputes and disagreements shall be attempted to be resolved by meet and confer sessions between representatives of each of the parties. The CONTRACTOR and COUNTY epresentative shall try to resolve the claim or dispute with meet and confer sessions. If the issue or issues are still not resolved to the satisfaction of the parties, then any party shall have the right to seek such relief or CU remedy as may be provided by this Agreement or by Florida law. This Agreement is not subject to U arbitration. This provision does not negate or waive the provisions of paragraph y or Article concerning termination or cancellation. .� y) Cancellation: the event that the Contractor shall be found to be negligent in any aspect of installation, stocking, maintenance, repair, or service, the County shall have the right to terminate this 2 agreement after five days written notification to the Contractor. CU z) Cooperation: the event any administrative or legal proceeding is instituted against CL either party relating to the formation, execution, performance, or breach of this Agreement, County and Contractor agree to participate, to the extent required by the other party, in all proceedings, hearings, processes, meetings, and other activities related to the substance of this Agreement or provision of the > CU services under this Agreement. County and Contractor specifically agree that no party to this Agreement shall be required to enter into any arbitration proceedings related to this Agreement. 8.6 Successors and Assigns: The Contractor shall not assign or subcontract its obligations under this en agreement, except in writing and with the prior written approval of the Board of County Commissioners for Monroe County, which approval shall be subject to such conditions and provisions as the Board may deem necessary. This paragraph shall be incorporated y reference into any assignment or subcontract �- and any assignee or subcontractor shall comply with all of the provisions of this Agreement. Subject to r_ the provisions of the immediately preceding sentence, each party hereto binds itself, its successors, CU assigns and legal representatives to the other and to the successors, assigns and legal representatives of such other pa CL 8.7 No thirdParty Beneficiaries: Nothing contained erein shall create any relationship, contractual or otherwise, with or any rights in favor o , any third party. It is specifically agreed e een the parties executing this Agreement that it is not intended by any of the provisions of any part of theCU CL Agreement to create in the public or any member thereof, a third party beneficiary under this Agreement, or to authorize anyone not a party to this Agreement to maintain a suit for personal injuries or property damage pursuant to the terms or provisions of this Agreement. The Recipient guaranties the payment of all just claims for materials, supplies, tools, or labor and other just claims against the Recipient or any subcontractor, in connection with this Agreement. Additionally, the Recipient agrees to include the following indemnification in all contracts with contractors/subcontractors, or consultants/sub consultants who perform work in connection with this Agreement. U 8.8 The Recipient will not discriminate against any employee employed the performance of this Agreement, or against any applicant foremployment because of age, ethnicity, race, religious belief, disability, national origin, or sex. The Recipient shall provide a harassment-free workplace, with any allegation of harassment given priority attention and action by management. The Recipient shall insert 1 /21/20 CONTRACT DOCUMENTS 12 Packet Pg. 572 C.16.a f aavenr nt Pre.wryation prp att similar provisions in all contracts and subcontracts for services by this Agreement. The Recipient affirms that it is aware of the provisions of Section 287.1 (2)(a), Florida Statutes. An entity or affiliate who has been placed on the discriminatory vendor list may not submit a bid on a contract to provide any goods or services to a public entity; may not submit a bid on a contract with a public entity for the construction or repair of a public building or publicwork; may not submit bids on leases of real property to a public entity; may not be awarded or perform work as a contractor, supplier, subcontractor, or consultant under a contract with any public entity; and may not transact business with any public Recipient. The Recipient further agrees that it shall not violate Section 287.13 (2)(a), Florida Statutes, and acknowledges and agrees that placement o on the list during the term of this Agreement may result in the termination of this Agreement. CU 0 8.9 E-Verify System -Beginning January 1, 2021, in accordance with F.S. 448.095, the Contractor and any subcontractor s all register with and shall utilize the U.S. Department of Homeland Security's CU E-Verify system to verify the work authorization status of all new employees hired by the Contractor during the term of the Contract and shall expressly require any subcontractors performing work or r- providing services pursuant to the Contract to likewise utilize the U.S. Department of HomelandCU Security's -Verifysystem to verify the work authorization status of all new employees hired by the subcontractor during the Contract term. Any subcontractor shall provide an affidavit stating that the subcontractor does not employ, contract with, or subcontract with an unauthorized alien. The Contractor CL shall comply ith and be subject to the provisions of F.S. 448.095 ARTICLE 9 Cn 9.1 Termination for Cause 9.1.1 Contractor or Owner, may terminate this agreement, for cause, after providing Written Notice of the default and if said default is not cured ithi 15 days, the agreement may be terminated upon five (5) additionaldays' Written Notice. u- r- 0 .2 Termination for Convenience and suspension by Owner CU Cn 9.2.1 Contractor or Owner may terminate this agreement, ithout cause,upon providing 30 days CL Written Notice. 9.2.2 The Owner may, without cause, order the Contractor in writing to suspend, delay or interrupt the a) cri Work in whole or in part for such period of time as the Owner may determine. CL U 9.3 Scrutinized Companies f the County determines that the Contractor has been placed on the Scrutinized Companies that Boycott o Israel List, or is engaged in a boycott of Israel, the County shall have the option of(1) terminating the Agreement after it has given the Contractor written notice and an opportunity to demonstrate the agency's determination of false certification was in error pursuant to Section 287.135(5)(a), Florida U Statutes, or (2) maintaining the Agreement if the conditions of Section 287.135( ), Florida Statutes, are et, ARTICLE 10 Special Conditions 10/21/20 CONTRACT C ENTS 13 Packet Pg. 573 Pavement Preservation 10.1 Cleaning Up 10.1.1 The Contractor shall keep the premises and surrounding area free from accumulation of waste materials or rubbish caused by operations under the Contract. At completion of the Work, the Contractor shall remove from and about the project waste materials rubbish, the Contractor's tools, equipment, machinery and surplus materials. Clean up shall be performed to the satisfaction of the Owner. 0 10.2 Access to Work U 0 -J Cn 10.2.1 The Contractor shall provide the Owner's Representative and the Owner access to the Work in :3 0 preparation and progress wherever located. 10.3 Care of Trees, Shrubs and Grass .0 10.3.1 The Contractor shall be fully responsible for maintaining in good condition all vegetation inside Cn the County right-of-way. Contractor will conduct work in a manner that minimizes the amount of' 2 CL vegetation that is impacted by the Work. Where vegetation must be removed or destroyed incident to the r— Work, the Contractor, after completion of the work, must replace or restore to the original condition all a) E a) destroyed or damaged shrubbery, grass areas or pea rock areas. > 10.4 Maintenance of Traffic T 10.4.1 The Contractor shall be responsible for the proper maintenance control and detour of traffic in en a the area of Work, during the course of Work. All traffic control and maintenance procedures shall be in accordance with the requirements of the Florida D.O.T. Q U- 10.4.2 All traffic control signs and devices,barricades, flashers, flambeaus and similar devices shall be r- 0 furnished and maintained by the Contractor. CU 10.4.3 Work shall be conducted in such a manner to cause the least possible interruption to traffic. Necessary access to and from adjacent properties shall be provided at all times. 10.5 Barricades and Protection of Work E CL 10.5.1 The Contractor shall protect his work throughout its length by the erection of suitable barricades, U where required. He shall further indicate his work at night by the maintenance of suitable lights or 2 flares. He shall comply with all laws or ordinances covering the protection of such work and the safety 0 measures to beemployed therein. The Contractor shall carry out his or so as not to deny access to private property. All utility access manholes, valves, fire hydrants, and letter boxes shall be kept accessible at all times. E U 10.5.2 In the event or threat of a hurricane the Contractor shall remove all equipment and material from the roadway. He shall make the area safe to traffic and pedestrian. No object from the site should pose a threat to anyone caused by wind or water. 10.6 Permits, Fees and Notices 10/21/20 CONTRACT DOCUMENTS 14 Packet Pg. 574 C.16.a 1 .6.1 The Contractors all secure and pay for all permits, impact fees, governmental fees, licenses, inspections and surveys required by Federal, State, or Municipal bodies having jurisdiction over the project for the proper execution and completion of the Work which are customarily secured after execution of the Contract. 10.6.2 The Contractor shall comply with and give notices required by laws, ordinances, rules, regulations and lawful orders of public authorities bearing on performance of the Work. a CU U 0 10.6.3 If the Contractor performs Work knowing it to be contrary to laws, statutes, ordinances, building Cn codes, and rules and regulations without such notice to the Owner, the Contractor shall assume full � responsibility for such Work and shall bear the attributable costs. CU ARTICLE 11 0 PROTECTION OF PERSONS AND PROPERTY 11.1 Safety Precautions and Programs2 CL 11.1.1 The Contractor shall be responsible for initiating, maintaining and supervising all safety recautions and programs in connection with the performance of the Contract. > CU 11.2 SafetyPersons Property 11.2.1 The Contractors ail take reasonable precautions for safety of, and shall provide reasonable e) protection to prevent damage, injury or loss to® 1. employees on the Work and other persons who may be affected thereby; 2. the Work and materials and equipment to be incorporated therein, whether in storage on or off �- the site, under care, custody or control of the Contractor or the Contractor's Subcontractors or Sub- r_ subcontractors; 3. other property at the site or adjacent thereto, such as trees, shrubs, lawns, walks, pavements roadways, structures and utilities not designated for removal, relocation or replacement in the course ofWork; and CL 4. Work or operations by the Owner or other Contractors. a) 11.2.2 The Contractor shall promptly remedy damage and loss to property caused in whole or in part byCU CL the Contractor, a Subcontractor, a Sub-subcontractor, 11.3 Emergencies r_ 11.3.1 In an emergency affecting safety of persons or property, the Contractor shall act, at the Contractor's discretion, to prevent threatened a age, injury or loss. Additional compensation or extension of time claimed by the Contractor on account of an emergency shall be determined byte Owner. Article 12 Change Orders 10/21/20 CONTRACT DOCUMENTS 15 Packet Pg. 575 C.16.a �k�kVt;8T1(."tkS N'yi'L'tCklriil![711 gCC3°�C..�. 12.1 Descri tion: A Change Order is a written instrument prepared by the Owner and signed by the Owner and Contractor stating their agreement upon all of the following: 1. A change in the work 2. The amount of the adjustment in the contract Sum, if any; and 3. The extent of the adjustment in the Contract Time, if any. W 12.1.1 Changes in the Work may be accomplished after execution of the contract, and o without invalidating the Contract, by Change Order. The Contractor may only seek a no cost v Change Order for such reasonable time as the Owner may determine. �° W 12.2 Procedure: Should the Owner contemplate making a change in the Mork or a change in the Contract Time of Completion, the Director of Engineering Services will provide > the Contractor a description of the contemplated change. The Contractor will either: 1. Make the o described change in the Work at no change in the Contract Su and no change in the Contract Time of Completion; 2. After analyzing the described change, promptly advise the County Director of W Engineering Services as to credit or cost proposed for the described change and time L adjustment, if any; or 3. Meet with the County Director of Engineering Services as required to explain costs and E time adjustments when appropriate and determine other acceptable ways to achieve the desired objective. ®. T in r N IN WITNESS WHEREOF the parties hereto have executed this Agreement on the day and date first written above in counterparts, each of which shall, without proof or accounting for the other U. counterparts, be deemed an original contract. o .2 cu (SEAL) BOARD OF COUNTY COMMISSIONERS Attest: KEVIN MADOK, Clerk OF MONROE COUNTY, FLORIDA By: By E As Deputy Cleric Mayor cu Ie ONROd �r COUNTY ATTORNEY AFS'3t V#U1STCaFt] ar Date ASS]STA:N7 CO��Ne° 1RNEY DATE (SEAL) the net Tech olo y nc. Attest: E z s C Ci\ -c1' SINS an u : t- t- orr+r aC-71-\ ' V C l0 Title: \Yl1 �YUL L�' Title: : Im' I `' 10/21/20 CONTRACT DOCUMENTS 16 Packet Pg. 576 C.16.a Pavement 0 cri 0 J 0 cri cri cn 2 CL CL 65 r 04 04 u- Affachment A 0 Scope of Work cri CL CL 0 u 10/21/20 CONTRACT DOCUMENTS 17 Packet Pg. 577 C.16.a Pavement PrcsqrygjjqqlM,q cn a 0 u 0 J cn 0 cri cri cn 2 CL a) a) CL en r 0 cn 2 CL a) a) CL 0 u 10/21/20 CONTRACT DOCUMENTS 18 Packet Pg. 578 C.16.a fl awn-tent Preservation Proic e Scope Of --ork Scope of services includes all labor and materials necessary for the application of Reclamite Asphalt Rejuvenation Agent to Monroe County roads specified below. Price per square yards is 2 inclusive o labor an materials, mobilization,maintenance of traffic,notification t®residents, a cea CU UP- 0 .I- CU 0 CU CL CrJ e) r 04 04 r- 0 CL CL CrJ 0 U 10/21/20 CONTRACT DOCUMENTS 19 Packet Pg. 579 [Iavcmetit Preservation IRw.Wggt. Square Year Key Street From To Yards Amount Paved Big Pine Key 1st St Avenue A Hibiscus Dr 5,193 $4,933.35 2015/2017 —-------------------- ---------------------- Big Pine Key 2nd St Avenue A Avenue B 1,029 $977.55 2015/2017 ...............-. ............ Big Pine Key 3rd St Avenue A Avenue i 4,671 $4,437.45 2015/2017 .........-------...................... Big Pine Key 4th St Avenue E Avenue H 1,418 $1,347.10 2015/2017 .0 Big Pine Key 5th St Avenue A Avenue E 2,082 go 2015/2017 $1,977- U 0 Big Pine Key Allamanda Ln Fern Ave Dead End 944 $896.80 2015/2017 -j Cn Big Pine Key Anthony St Gordon Dr Dead End 909 $863.55 2015/201,7 :3 Big Pine Key Aster Ln Fem Ave Dead End 942 $894.90 2015/2017 CU ——-'-'--dulf—BIvd Dead End— 3-1 117 > Big Pine Key Atlantic St $1.2644,, 2015/20 Big Pine Key Atlantis Dr Sands Rd Dead End 1,904 $1,808.80 2015/2017 ....................... .............. ---—----------....... --—--------— CU Big Pine Key Avenue A Father Tony Way Dead End 3,556 $3,37&20 2015/2017 > L- .................................... .......... as Big Pine Key Avenue A Poinciana Rd Wilder Rd 3,302 $3,136.90 2015/2017 Cn Big Pine Key Avenue A Sands Rd Dead End 8,898 $8A53.10 2015/2017 CL .............. ...... Big Pine Key Avenue B South St Watson Blvd 5,880 $5,586.00 2015/2017 a) E Big Pine Key Avenue B Sands Rd i Dead End 4,920 $4,674.00 2015/2017 a) Big Pine Key Avenue C Coconut Hwy Watson Blvd 3,278 $3,114.10 2015/2017 CL Big Pine Key Avenue C Sands Rd Dead End 4,987 $4,73T65 2015/2017 Big Pine Key Avenue D Sands Rd Dead End 6,324 $6,00T80 2015/2017 LM —------------- U) Big Pine Key Avenue E Sands Rd Dead End 6,184 $5X4.80 2015/2017 ............ Big Pine Key Avenue F Sands Rd Dead End 5,711 $5,425.45 2015/2017 04 .......... Q N Big Pine Key 1 Avenue G Sands Rd Dead End 5,338 $5,071.10 2015/2017 ---------- ?- Big Pine Key Avenue H Sands Rd Dead End 4,784 $4,544�80 2015/2017 U- ..........— r- Big Pine Key Avenue I Sands Rd Dead End 4,498 $4,273.10 2015/2017 .2 ------------ Big Pine Key Avenue J Sands Rd Dead End 3,104 $2,948.80 2015/2017 > Big Pine Key Azalea Ln West Shore Dr Dead End 709 $673.55 2015/2017 Big Pine Key Bahama St Gulf Blvd Dead End 1,331 1 2015/2017 CL $ ,264.45 —— -— - --- ----------------------------------— r- Big Pine Key Bailey Rd Sands Rd Dead End 1,093 $1 038.35 2015/2017 a) ................................ E Big Pine Key Bailey's Ln Matthew's Rd Dead End 2,498 $2,373.10 2015/2017 a) ....... CU Big Pine Key Bay Shore Dr Bogie Dr Dead End 3,409 $3,238.55 2015/2017 CL Big Pine Key Beach Dr us 1 Warner St 1,258 $1,195.10 2015/2017 U .................. Big Pine Key Big Pine Ave Richard Rd Dead End 6,316 $6,000.20 2015/2017 -Wig Pine KeyBigonia Dr Bittersweet Ave Dead End 984 $934.80 2015/2017 0 Big Pine Key Bittersweet Ave Palm Ave Violet Drive 3,262 $3, .90 2015/2017 098 a) ................ Big Pine Key Blue Lagoon St Gulf Blvd Dead End 1,316 $1,250.20 2015/2017 E U Big Pine Key Bogie Dr Watson Blvd Dead End 3,691 $3,506.45 2015/2017 CU ...................... Big Pine Key Bougainvillea Ln West Shore Dr Dead End 696 $661.20 2015/2017 < Big li�0 Key Buttonwood Dr Watson Blvd Coconut Palm 2,920 $2,774.00 2015/2017 ............... ...........I.--,.,........ ........... Big Pine Key Cactus Ln West Shore Dr Dead End 724 $687.80 2015/2017 Big Pine Key Camas Ln West Shore Dr Dead End 533 506.35 I- 2015/2017 t $ ............ ........... 10/21/20 CONTRACT DOCUMENTS 20 1 Packet Pg. 580 I'laveineig 11rescryption j'rojgcj Big Pine Key Camellia Ln Bittersweet Ave Dead End 1,349 $1.2,81.55 2015/2017 Big Pine Key Cardinal Ln Sunset Rd Dead End 609 $578.55 2015/2017 Big Pine Key Caribbean St Gulf Blvd Dead End 1,347 $L279.65 2015/2017 -11,11,11,111-11 -----__1,,,, _ _1...... .. .............. ............................- Big Pine Key Cedar it Fern Ave Dead End 2,434 $2,312.30 2015/2017 Big Pine Key Chambers St us I Dead End 778 $739.10 2015/2017 Big Pine Key Chapman St us I 5th St 1,278 $1,214.10 2015/2017 ... . . ........ ..... Big Pine Key Clover Ln West Shore it Dead End 713 $67735 2015/2017 2 �igPii Pine Key Coconut Hwy Avenue A Avenue D 5,171 2015/2017 U 1 $4,912.45 0............... Big Pine Key Coconut Palm it Key Deer Blvd Fern Ave 2,633 $2,501.35 2015/2017 ------------ ........ Big Pine Key Coconut Palm St Kyle Blvd Dead End 1,167 $1,108.65 2015/2017 .0 ......................... ................................................................. C Big Pine Key Constitution Ave Ships Way Dead End 2,542 $2,414.90 2015/2017 CU ...... ............. _ Big Pine Key Coral Rd El ma Dead End 1,000 $950.00 2015/2017 ........................................._,__ .2 Big Pine Key County Rd us I Hibiscus Dr 5,242 $4,979�90 2015/2017 CU ------------ > Big Pine Key Cunningham Rd us I Dead End ........ 2,978 $2,829.10 2015/2017 .... .. a) -1 Big Pine Key Cupon Rd Big Pine Ave Dead End 771 $732.45 "L .................. CL Big Pine Key Cypress Dr Fern Ave Buttonwood it 2,582 $2,452.90 2015/2017 Big Pine Key Date Palm St Kyle Blvd Dead End 324 $307.80 2015/2017 a) E a) Big Pine Key Date Row Avenue A Avenue D 1,420 $1,349.00 2015/2017 > ....................... ...... CU Big Pine Key Diane Rd ills Rd Dead End 1,327 $1,260.65 2015/2017 9_� Big Pine Key Division St Poinciana Rd Hibiscus Ln 3,989 $3,789.55 2015/2017 E Pirie Key Donna Rd Kyle Blvd Dead End 1,387 2015/2017 F19 a.a........... -/2,0-17' Big Pine Key Driftwood St Kyle Blvd Dead End 1,153 $1,09- Big Pine Key Dyer Rd------ Kyle Blvd Dead End' 1,389 $1.319.55 2015/2017 N Q Big Pine Key Eagle Ln Watson Blvd Dead End 751 $713.45 2015/2017 U_ Big Pine Key East Cahill Ct us I Dead End 2,989 $2,839.55 2015/2017 ---------------------------- .2 Big Pine Key Edward Rd County Rd Sands Rd 1,082 $1,027.90 2015/2017 Big Pine Key Egret Ln Sunrise Dr Dead End 1,813 $1,722.35 2015/2017 a) ................. ---------- Cn Big Pine Key Elma Ave Coral Rd Richard Rd 4,513 $4,28735 2015/2017 2 CL Big Pine Key Enterprise Ave Ships Way Dead End 2,944 $1796.80 2015/2017 ........... ... ..... ------------------ Big Pine Key Eugene Rd Mills Rd Dead End 1,331 $1,264.45 2015/2017 ----------- ... .... .... a) E a) Big Pine Key Falcon Ln Watson Blvd Dead End 831 $789A5 2015/2017 > ......... .................. ........ Crj ,;s 2015/2017 CL Big Pine Key Fern Ave Violet it Iroquois St 12,109 $11,503.55 .................................. U Big Pine Key Fifth Ave Chapman St Dead End 1,164 $1,105.80 2015/2017 .................... Big Pine Key Flamingo Ln Watson Blvd Dead End 833 $79135 2015/2017 0 Big Pine Key Flying Cloud Ave Ships Way Dead End 3,402 $3,231.90 2015/2017 Big Pine Key Forrestal Ave Ships Way Dead End 4,211 $4,000.45 2015/2017 a) E Big Pine Key Fox St Gulf Blvd Dead End 1,329 $1,262.55 2015/2017 U Crj Big Pine Key Frigate Ln Sunset Rd Dead End 544 $516.80 2015/2017 Big Pine Key Frostproof Rd Sunset Rd Sunrise Rd 1,816 $1,72510 2015/2017 ----------- ----- ................. g Pine Key Gardenia Ln Oleander Dr Dead End 1,607 $1.526.65 2015/2017 Big Pine Key George Rd Kyle Blvd Dead End 1,378 $1,309.10 2015/2017 Big Pine Key Geranium it Bittersweet Ave Dead End 1,080 $1,026.00 2015/2017 10/21/20 CONTRACT DOCUMENTS 21 Packet Pg. 581 C.16.a 11aaveinei t 11r"gvadotLL1 wqj:ktt. Big Pine Key Gillett Rd Kyle Blvd bead End 1,411 $1,340,4- 2015/2017 Big Fine Key Gordon Dr F Avenue A Dead End 2,547 $2,419.65 2015/2017 - _ _ _....__-- �... Big Pine Key Gordon Rd Mills Rd Dead End 1,296 $1,231.20 2015/2017 11,11_._.. ....... a �.d .................. _..... m _. . ... .aa ._ Big Pine Key Granada AveMatthew's Rd Dead End 1,359 $1,319.55 2015/2017 Big Pine Key Guava Ln Fern Ave Dead End 1,609 $1,528.55 2015/2017 Big Pine Key Gulf Blvd Key Deer Blvd Town St 8,056 $7,65120 2015/2017 ----- -- ._ -. �- ----_ - ---,, ,.„ w............. �.. I3ig Pine Key Gultstrea St Gulf Blvd Dead End 1,331 $1,264.45 2015/2017 2 . ._.................... Big Pine Key Gumbo Limbo St Kyle Blvd Dead End 1,209 2015/2017 0 $1,1 5.55 _ j Big Pine Key ' Hall d ills d Dead End 1,313 $L247.35 2015/2017 Cn _ti.. _ _. _ �mb .--�w� .. . Big Pine Key Hammock Dr County Rd Cunningham Dr 1,351 $1,2�3.45 2015/2017 0 Big Pine Key Harbor Lights Ind Sandy Cir Dead End 2,754 $2 644.80 2015/2017 CU Big Dine Key Harding Rd Sunset Rd Dead End 560 $532 00 2015/2017 Big Pine Key Hawk n Watson Blvd ead End 1,071 $1 017.45 2015/2017CU -. .. Big Pine Key Heron Ln Watson Blvd Dead End �22 $780.90 2015/2017 ---------- . . _.. ..--- Cn Big fine Key Hibiscus Dr Ixora Dr Dead End 5,940 $5,643.00 2015/2017 2 Big Pine Key Hibiscus Ln Bittersweet Ave Dead End 1,273 $1,209,35 2015/2017 ... _ _ Big fine Key Hibiscus Ln Avenue A Division St 2,769 $2,630.55 2015/2017 Big Pine Key Hibiscus St Kyle Blvd Dead End 1,211 2015/2017 ...... 1 150 45 Big Pine Key Higgs Ln Key Deer Blvd Orlando Rd 1,459 $1 414.55 2015/2017 �..�.n.. ....._...... ._._._. .... ... �... _� .w... _.._ _.__ --- Big Pine Key ITollerich r Sands Ind Dead End 2,638 $2,506.10 2015/2017 �. ...... ..._. ......... - Big Pine Key Horvath Rd Big Pine Ave Dead End 511 $485.45 2015/2017 U)�....� _ m.... ._. - ...- ig Pine Key Independence Ave Ships Way Dead End 4,104 $3,898.80 2015/2017 _ ............_... ..._.............. � ._- _ Big Pine Key Industrial Ind us I � Unnamed Rd S 3,475 $3,304.10 2015/2017 ...._. _ _ 04 Big Pine Key Iris Dr Fern Ave Dead End 2,460 $2,337,00 2015/2017 y. Big Pine Key Iroquois St Fe Ave Dead End 1,371 $1,302,45 2015(2017 Big Pine Key IXora Dr Hibiscus Dr Palm Dr 1,656 $1..573 20 2015/2017CU Big Pine Key Journey's End Rd Ships flay Sandy Cir � 2,929 $2 782 55 2015/2017 L_ Big Pine Key Joyce Rd Kyle Blvd Dead End ' 1,350 $1,311.00 2015/2017 Big Pine Key Killdeer Ln Watson Blvd Dead End 833 $791.35 2015/2017 Big Pine Key Kyle Blvd Key Deer Blvd ead End 9,269 $8,805.55 2015/2017 Big Pine Key Landers St Gulf Blvd Dead End 1,329 $1,262.55 2015/2017 CU - Big Pine Key Lantana Ln Oleander Dr Dead End 1,604 $1,523 80 2015/2017 CL .- U Big Pine Key Linda St Sandy Cir Dead End 1,471 $1,397.45 2015/2017 Big fine Key Lobstertail lid us 1 Dead End 2,984 $2,834.80 2015/2017 0 Big Pine Key Lorna Ln us 1 Dead End 3,333 $3,166.35 2015/2017 Big Pine Key Long Beach_Rd --US I Dead End 27,893 $26, 98.35 2015/2017 Big Pine Key Lord Ct Cunningham Ind Palmetto r 342 $324.90 2015/2017 U Lord ... ... ....... _. _.._...._... _ ����. CU Big Pine Key Lundy Ln E11na U._ Dead End 667 $633.65 2015/2017 Big Pine Key Mac's Ct Cunningham Rd Pine Dr 384 $364.80 2015/2017 ......... .. _.un...._ . .... Big Pine Key Magnolia Ln Bittersweet Ave Dead End 1,080 $1,026.00 2015/2017 Big Pine Key Mango Ln Fern Ave Dead End 1,313 $1,247.35 2015/2017 ig Pine Ivey Marigold Dr Bittersweet Ave Dead End 1,073 $1.019.35 2015/2017 ------------- 10/21/20 CONTRACT DOCLTMENTS 22 Packet Pg. 582 PaveineW h-eservatiois lItoicut Big Pine Key_j_Ma.� Mills Rd Dead End 1,289 $1,224.55 2015/2017 ----------------.........................................................---------------------- a �R� Big Pine Key Matt ew's Rd Watson Blvd Dead End 5,867 $5 573.65 2015/2017 B ................................... ...........ig Pine Key Mercedes Rd County Rd Sands Rd 1,089 $ �034.55 2015/2017 1 Big Pine Key Miami Ave Orlando Rd Tampa Rd 1,667 $1,583.65 2015/2017 Big Pine Key Mills Rd No NameMaryRd 3,6 16 $3,435.20 2015/2017 ........ Big Pine Key Naples Rd Miami Ave ...Dc ad End 5,442 $5,169 90 2015/2017 Big Pine Key Narcissus Ave Watson Blvd Palm Ave 6,036 2015/2017 .2 $5,734.20 e R Big Pine Key Natha ....................................... lid T-o-unty id-- Sands Rd 1 2015/2017,071 U I .....................................- $1,017.45 0 Big Pine Key Newfound Blvd us I El ma Ave 4,182 $3,972.90 2015/2017 -j Big Pine Key No Nacne Rd Kyle Blvd Mills Rd 2,931 $2,784.45 2015/2017 .0 Big Pine Key Oleander Blvd Avenue A Avenue C 4,500 $4,275.00 2015/2017 Crj ---------- > Big Pine Key Oleander Dr Buttonwood Dr Fern Ave 2,489 2015/2017 r- $2,364.55 0........... Bittersweet Ave Dead End 1,283 2015/2017 Big Pine Key -1 $1,218.85 Crj --- --- ........ ......... -------------------------- ------- > Big Pine Key Orlando Rd Miami Ave 2015/2017 Dead End 2,560 $2,432.00 a) ............................................-;-r-,-,,,,---......... Cn Big Pine Key Palm Ave Key Deer Blvd Narcissus Ave 3,627 $3,445.65 2015/2017 2 ............ CL Big Pine Key Palm Beach Rd Miami Ave Dead End 5,780 $5.491.00 2015/2017 ...................... ..................... Big Pine Key Palm Dr Avenue A Avenue C 4,564 $4,335.80 2015/2017 E ------------------ ------- Big Pine Key Palm Dr Ixora Dr Pine Ln 2,231 $2�119.45 2015/2017 > CU Big Pine Key Palmetto Ave us I Sandy Cir 5,122 $4,865.90 2015/2017 Big Pine Key Palmetto Or Bittersweet Ave Dead End 1,078 $1,024�10 2015/2017 a) r- Big Pine Palmetto y Ke Palo Dr Lord's Ct Pilot's Ct 1,907 $1,811.65 2015/2017................................................ ................................................... U) Big Pine Key Palmetto St Kyle Blvd Dead End 1,216 $1,155.20 2015/2017 Big Pine Key Pandorea Ln Oleander Dr Dead End 1,611 $1,530.45 2015/2017 04 Q -- 04 Big Pine Key Park Ave Kyle Blvd Gulf Blvd 2,789 $2,649.55 2015/2017 >- ---,----------------- -------1-1- U- ["Big Pine Key Pelican Ln Big Pine Ave IDead End 2,580 $1451.00 2015/2017 r- Big Pine Key Pensacola Rd Miami Ave Dead End 2,304 $2,18K80 2015/2017 M > Big Pine Key Pilot's Ct Cunningham Rd Palmetto Dr 316 2015/2017 1- $300.20 Q) ............... Big Pine Key Pinder Ct Cunningham Rd Palmetto Dr 336 $319.20 --...............-- ------- Big Pine Key Pine Ave Watson Blvd Narcissus Ave 1,644 $1,561.80 2015/2017 ------------- Big Pine Key Pine Or Mae's Ct Dead End 427 $405.65 2015/2017 E Big Pine Key 1 Pine St Kyle Blvd Dead End 1,222 > I I, $L160.90 2015/2017 M I -------- CL Big Pine Key Pine Way V Avenue A Avenue D 4,842 $4.599.90 2015/2017 U Big Pine Key Poinciana St Kyle Blvd Dead End 1,202 $1,141.90 2015/2017 Big Pine Key Poincianna Rd Avenue A Avenue D 5,031 $4,779.45 2015/2017 Big Pine Key Poinsettia Ln Bittersweet Ave Dead End 1,320 $1,254.00 2015/2017 Big Pine Key Primrose Ln Bittersweet Ave Dead End 1,213 $1,15235 2015/2017 a) E Big Pine Key Prince Rd Watson Blvd Dead End 851 $808.45 2015/2017 mu I...-. .................. .......................- - M Big Pine Key Ranger Ave Ships Way Dead End 3,776 $3,587.20 2015/2017 Big Key Richard Rd El ma Ave Big Pine Ave 453 $430.35 2015/2017 Big Pine Key Rose Dr Fern Ave Dead End 2,422 $2,300a90 2015/2017 Big Pine Key Sam's Rd Sands Rd Dead End 491 $466A5 2015/2017 Big Pine Key San Marco Dr West Ortega Dr Dead End 3,093 $1938.35 2015/2017 ................... 10/21/20 CONTRACT DOCUMENTS 23 1 Packet Pg. 583 C.16.a Pavemept PeeseEyq ion f't°a cet Big Pine Key San Remo Or West Ortega Dr Dead End 3,149 $2,991.55 2015/2017 �ee Big Pine Key San Sebastian Dr West Ortega Dr Dead End 3,342 $3,174.90 2015/2017 Big Pine Ivey Sands Rd us 1 D1 Dead End 7,707 $7,321.65 2015/2017 Big Pine Key Sandy Cir Palmetto Ave Palmetto Ave 11,904 $11,308.80 2015/2017 Big Pine Key Saratoga Ave Ships Way Dead End 4,360 $ ,142.00 2015/2017 Big Pine Key Sea Grape St Kyle Blvd Dead End 1,169 $1,110.55 2015/2017 Big Pine Key Ships Way us I Dead End 5,116 $ ,560.2 2015/2017 2 ig Pine Key South Seas St Gulf Blvd Dead End 1,329 $1,262.55 2015/2017 0 Big Pane Key South St Wilder Rd Avenue B 5,231 $4,969.45 2015/2017 Big Pine Key Springtime Rd Sunset Rd Sunrise Rd 1,509 $1,718.55 2015/2017 0 Big Pine Key Sunrise Dr Egret Ln Dead End 4,590 $4,351.00 2015/2017 Crj Big Pine Key Sunrise Rd Harbor Lights Rd ou ey's End Rd 2,333 $2,216.35 2015/2017 Big Pine Key Sunset Dr Joyce Rd Dead End 1,404 $1,333.�0 2015/2017CU ._ . _....... _ .m ._...._ y Big Pine Key Sunset Rd Tropical Trader Jou ey's End Rd 1,536 $1,744.20 2015/2017 Cn Big Pine Key Sunset Rd Watson Blvd Frigate Ln 2,218 $2,107.10 2015/2017 2 CL Big Pine Key Tampa Rd Miami Ave Bead End 5,524 $5,532.g0 2015/2017 Big Pine Key Trade Winds St Gulf Blvd Dead End 1,335 1m271.10 2015/2017 Big Pine Key Treasure Island St Gulf Blvd Dead End 1,336 $1,269.20 2015/2017 CU Big Pine Key Tropic St Gulf Blvd Dead End ,316 51.250.20 2015/2017 e e . ° Big Pine Key Tropical Trader Rd Sunset Rd Sunrise Fed 1,509 $1,715.55 2015/2017 Big Pine Key Tulip Ln Bittersweet Ave Dead End 1,298 $1,233.10 2015/2017 LM en Big Pine Key Venna Rd Mills Rd Dead End 1,322 $1,255.90 205/2017 04 Big Pine Key Violet Dr Fern Ave Dead End 2,504 2015/2017 $2 37�.�0 04 Big Pine Ivey Warbler Ln Watson Blvd Dead End 844 $801.80 2015/2017 y- Big Pine Key Warner St/Ford St Beach Dr Dead End 4,784 $4,5 4.80 2015/2017 Big Pine Key West Cahill Ct LDS I Dead end 1,093 $1,038.35 20 5/2017cu Big Pine Key West Cahill Ct us 1 Dead End 4,311 $4,095.45 2015/2017 ......... _.....................____ _ ..... ._____ __.. .. _ _____ __________. Cn Big Pine Key West Ortega Dr Matthew's Rd San Sebastian Dr 1,858 $1,765.10 2015/2017 2 - CL- Big Pine Key West Shore Or Watson Blvd Bougainvillea Ln 5,109 $4,553.55 2015/2017 BigPine Key Wilder Rd us 1 Avenue A 10 762 2015/2017 y S 1------ 90 Big Pine Key Winifred St Avenue A Dead End 2,820 $2,679.00 2015/2017 CU Big Pine Key Witter's Ln Matthew's Rd Dead End 2,491 $2,366A5 2015/2017 U Big Pine Key Wat11 son Blvd Bogie Dr Narcissus Ave 27,076 $25,722.20 0 Total 567,622 $539,240.58 Square Year ev Street From To Yards Amount Pave Key Largo Sum erland Rd U.S. I Dead End 1,775 $1,689.10 2016 Key Largo Bahia Honda Rd Largo Rd Dead End 1,727 $1,640.65 2016 Key Largo Big Pine Rd Largo Rd Dead End 1,659 $1,604.55 2016 10/21/20 CONTRACT OC EDITS 24 Packet Pg. 584 C.16.a lei veiiiew Preservation-Proiect Key Largo Grouper Ln us 1 Dead End 2,156 $2,048.20 2016 Key Largo Lake Surprise Blvd us 1 bead End 2,053 $1,950.35 2016 Key Largo Largo Rd Oakwood Ave Big Pine Ind 8,424 $8,002.80 2016 Key Largo Largo Rd Unnamed Rd Dead End 8,424 $8,002.80 2016 Key Largo Long Key Rd Unnamed d Dead End 02,840 $2,698.00 2016 Key Largo Lower Matecu be Rd plantation Rd Dead End 2,642 $2,509.90 2016 Key Large Ocean Bay Dr us I Dead End 9,329 $$j862.55 2016 .2 a Key Largo Ocean Bay Dr us 1 Dead Enid 3,540 $3,363.00 2016 U Key Largo Plantation Rd Unnamed Rd Dead End 4,611 $4,380.45 2016 Key Largo Upper Matecu be _d Plantation Rd Dead End 1,780 $1,691.00 2016 .0 L- Key Largo Yaca Rd Largo Rd Dead End 1,633 $1,55135 2016 0 Total 52,626 $49,994.7 Square Year CL Key Street From To Yards Amount Pave Key Largo Cormorant Dr Mockingbird Rd Dead Enid 2,328 2017 $2,211.6a .m. W Key Largo Eagle Dr Grassy Rd bead End 1,659 $1,60 .55 2017 y Key Largo Flamingo Rd Sexton Cove Dr Dead End 511 $485 45 2017 Key Largo Grassy Rd Sexton Cove Dr Dead End 4,678 $4,4 4.10 2017 Key Largo Mockingbird Rd Sexton Cave Dr Cormorant Dr 2,300 $2,185.00 2017 _........... __._...__�._______ Key Largo Osprey Rd Grassy Rd Dead End 1,549 $1,47L55 2017 Key Largo Pelican Rd Sexton Cove Dr Dead End 900 $555.00 201704 04 Key Largo Pigeon Dr Bunting Dr Dead End 2,000 $1,900.00 2017 y. Key Largo Sexton Cove Dr us I Sexton Cove 3,9 1 $3.715.45 2017 2 Key Largo Sexton Cove d Sexton Cave Dr Dead End 1,667 $1,583.65 2017 Key Largo Snipe Rd Sexton Cave Dr Dead End 511 $485.45 2017 Key Largo Swallow d Sexton Cove Dr Cormorant Dr I,889 $1,794.55 2017 LL Total 23,933 $2 ,736. 5 a) CU CL Grand Total 644,181 61 , 7 .95 U 0 U 10/21/ 0 CONTRACT OCU TS 25 Packet Pg. 585 C.16.a Pavement Prey anti r�ic���lIUPu. cn r- 0 m u 0 J cn 0 m 0 Counly Fors a) CL CL 65 r 04 04 0 CL CL 0 u 10/21/20 CONTRACT DOCUMENTS f Packet Pg. 586 C.16.a 11stv'emew llresvrvadott jlr(sLec!, SWORN STATEMENT UNDER ORDINANCE NO. 010-1990 MONROE COUNTY, FLORIDA ETH IS CLAUSE 0 J �sj " ..j _ (Company) "...warrants thathe/it has not employed, retained or otherwise had act on his/her behalf any former County officer or employee in violation of Section 2 of Ordinance No. 010-1990r any County officer or employee in violation of SectionOrdinance . 010-1990. For breach or violation of this provision the County may, in its discretion, ter . a this re it liability a also, i its discretion, deduct from the errren or purchaseprice, r otherwise recover, the full amount any fee, commission, p rcentaggift, or consideration paidto the former County officer ore l ." ( i nature) LM en Date: STATE F: Oh 1 COUNTY F: Subscribed sworn to (or affirmed) or means of physical presence or ❑ online notarization, on Cr- (date) by —5uxa, ,-,A,' (name of affiant), HSh is CU U ersonally known to in or has produced (type o 0 identification) as identification, otary of 'NOTARYLI y Commission Expires: 10/21/20 CONTRACT DOCUMENTS 2 Packet Pg. 587 C.16.a Pavement Preservation Preaint;t NON-COLLUSION AFFIDAVIT I, _ „ _�,>U` of the city of according to law on y oath, and under penalty of perjury, depose and say that 0 . I m = (mE' Yam,. Y m Y ` y of the firm of U Y '' 1 the bidder making the Proposal for the project describe in the°bequest for Proposals/Bid Proposals/Bid for City o Margate's Bid No. 2019-009 As&flt RejUvenation I'inj_ t~t and that I executed the said proposal with full authority to do so; r- . the prices in this bid have been arrived at independently without collusion, 0 consultation, communication or agreement for the purpose of restricting competition, as to any matter relating to such prices with any other bidder or with any competitor; 2 C. unless otherwise required by law, the prices which have been quoted in this bid have not been knowingly disclosed by the bidder and will not knowingly be E disclosed by the bidder prior to bid opening, directly or indirectly, to any other CU bidder or to any competitor; and .. no attempt has been made or will be made by the bidder to induce any other person, partnership or corporation to submit, or not to submit, a bid for the purpose LM of restricting competition; Cn . the statements contained in this affidavit are true and core ct, and m de with full Q knowledge that Monroe County relies n the truth of t statemen contained in this affidavit in awarding contracts r sai project. CU (Signature) CL Date: 0_ - 1 STATE : CL Subscribed and sworn to (or ffi—rl\ h-mf-pn me, by rneans of 0 physical presence or C online notarization, on ' (date) by (name of affiant). He/She is personally known to me or has produced yu k / (type of identification) as identification. CU Sizabeth ie io,State of Ohio NOTARY PUBLIC 27,20. My Commission Expires: IV 10/21/20 CONTRACT DOCUMENTS 3 Packet Pg. 588 C.16.a DRUG-FREE WORKPLACE FORM The undersigned vendor in accordancei lori e 287.087 herebycertifies : (Name of Business) CU 1. Publish a statementnotifying employees that the unlawful manufacture, distribution, U dispensing, possession, or use of a controlled substance is prohibitedin the workplace and specifying the aci that will be taken against employees for violations of such 0 prohibition. . Inform to about the dangers of drugin the workplace, the business' policy maintaining a drug-free or I c , any available drugcounseling, 2 rehabilitation, l sis nce programs, and the penalties that may beCU imposed on employees for drug abuse violations. 3. Give each employeee in providingcommodities r contractual services that are under bid a copy of the statement specifiedin subsection (1). . In the statementspecified in subsection (1), notify the employees that, as a condition working on the commodities r contractual services that arer bid, tee le CU ill abide by the termsto ill notify the employer of any conviction of, r plea of guiltyr nolo contendere to, any violation r 893 (Florida es) or of any controlled substance law of the Uniteds or any state, for a violation occurring in the workplaceo later than five ( ) days after such conviction. en 5. Impose a sanction o , or require the satisfactory participationin a drugabuse assistance or rehabilitation pro r if such is availablein the employee'scommunity, or any employee who is so convicted. �- 6. e a good faith effort to continue to maintain r Uri rkl c through implementation oft i section. CU personAs the (m th the authorizedsigns ent, certify a is filies fully i)a requirements. tr( i Date: l �, s CU STATE O COUNTY1 ,fir t p _ 0 Subscribed or o ( r affirmed) before me, iay means of 14 physical presence or online notarization, o µ et ) by (na of affiant). H is ro Il�kno6w_to n r a r e Yee o f en as identification. thN1 y Notary PuWic,State of Ohio WC0rnMiWi13nEX#,m8!Febwj27,2"' NOTARY PUBLIt My Commission it 7 4 v . _ 10/21/20 CONTRACT C TS 4 Packet Pg. 589 C.16.a Pavement Presc:i`vation Proic:sPUBLIC ENTITY CRIME STATEMENT person or affiliate who has been placed on the convicted vendor list following a conviction for public entity crime not submit i on a contract rovi goods or services to a public entity, may not submit a bid on a contract itpublic entity forte construction or repair of a public buildingt public work, may not submit i s on leases of real property to 2 public entity, a not be awarded or perform works a CONTRACTOR, supplier, U subcontractor, or CONTRACTOR under a contract ipublic entity, and may not transact business i any public entity in excess oft e threshold amo rovi in Section287.017, for CATEGORY TWO for a periodof 36 months from ate of beingIce convicted vendor list." Pwxwtn-I have read the above and state t i t r :.� t f \YIL(R son ' name) nor any Affiliate has been placed on the convicted vendor list within the I t 3 months. (Si ure) Crj Date: -1 10LM en r 04 04 STATE OF: GNU COUNTY OF: Crj " t Subscribed or o ( r affirmed) before me, by means of Of physical presence or online notarization, ( ate) by / •� (name I ). I-1 l e i rll know CU rrt r has produced (type of identification) as cL U identification. 0 s Elkabeth Mi&uwry Notary PuMic,State of O ° ry ,2Q T Y U My Commission it7zd S- 10/21/20 CONTRACT DOCUMENTS 5 Packet Pg. 590 C.16.a Pa venient Preservation Project VENDOR CERTIFICATION REGARDING SCRUTINIZED COMPANIES,N1ES, LISTS Project escription(s): EmonEA5 Respondent Vendor Name: J N UX) l 1"I'LA10000kul a 1 I C Vendor Vendor's Authorized Representative Name and Title: S(J S C'1 n <k . CA A Y-O Ct t- Address: _ C(-)i+ U 0 City:\ ,I- ck State: ( f t zip: 1 ' Phone Number: Ci�5 0 CrJ Email Address: t \1'\' `"lw 1� Ot t,. t 1C _t ?�C > 2 Section 257.135, Florida Statutes prohibits a company from i ing on, submitting a proposal for, or CU entering into or renewing a contract for goods or services of any amount i , at the time of contracting or renewal, the company is on the Scrutinized Companies that Boycott Israel List, created pursuant to Section 215.4725, Florida Statutes, or is engaged in a Boycott of Israel. Section 287.135, Florida Statutes, also prohibits a company from i on, submitting a proposal for, or entering into or renewing a contract for goods or services of $1,000,000 or more, that are on either the Scrutinized Companies with Activities in Sudan List or the Scrutinized Companies with Activities in the Iran CU Petroleum net ector Lists which were created pursuant to s. 215. 73, Florida Statutes, or is engaged in business operations in Cuba or Syria. As the person authorized to sign on behalf of Respondent, I hereby certify that the company identified Cn above in the Section entitled "Respondent Vendor Name" is not listed on the Scrutinized Companies that Boycott Israel List or engaged in a boycott of Israel and for Projects of$1,000,000 or more is not listed on either the Scrutinized Companies with Activities in Sudan List, the Scrutinized Companies with Activities in the Iran Petroleum Energy Sector List, or engaged in business operations in Cuba or Syrian 0 I understand that pursuant to Section 287.135, Florida Statutes, the submission of a false certification CU may subject company to civil penalties, atto ey's fees, and/or costs. I further understand that any contract with the County may be terminated, at the option of the County, if the company is found to 2 have submitted a false certification or has been placed on the Scrutinized Companies that Boycott Israel List or engaged in a boycott of Israel or placed on the Scrutinized Companies with Activities in Sudan List or the Scrutinized Companies with in the an Petrole Energy Sector List or been engaged in usiness operations in Cuba orrJes . CL Certified By: 1 ► _ who is authorized to sign o ehalf of the aboe1re company. oAut Authorized Signature: Print a e: l�l. (`� 1-1 . 1, r1 ° .�, _ . Title: " Y �_1 4 . _ 1*-[ : ' lr Note: The List are available at the fol g apart ent of Management Services Site: U fills.tily lon(k.t X01,11/1)LASiljeL�S Q1?, x�ifigiis/state �����&�,�ti�i���ryenclot- information/convicted�su siKm fed disc 1;tmipa to wlts�vendor fiats 10/21/20 CONTRACT DOCUMENTS 6 Packet Pg. 591 C.16.a ".. 0DATE(MMPDDPYYYY) 10/2/2020 THIS CERTIFICATE IS ISSUED AS A MATTERF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER,AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED,the policy(ies) must have ADDITIONAL INSURED provisions or be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). PRODUCER NAMarac Frances Ly"- cGowan&Company, Inc. PHONE 20595 Lorain Rd 4r Ic 1 ExI 440,895 4359 e tic roe 440 3 1 E-MAIL .) ' Fairview Park OH 44126 ARDII SS flpons !TTc99Valiinsurance com r_ INSURERS)AFFORDING COVERAGE INSURER n Travelers Property Casualty Co of America 36161 0 INSURED .. ----. ...-PAVETEC-01 ... Pavement Technology, Inc INSURER B Ph®ernx Insurance Company 25623 —1 24144 Detroit Rd INSURER C: Westlake OH 44145 INSURER D: a .. -- I INSURER E: € t13 .. INSURER F: COVERAGES CERTIFICATE NUMBER:396240694 REVISION NUMBER: 0 THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD cri INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS i CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, a) EXCLUSIONS AND CONDITIONS OF SUCH POLICIES,LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. 7 TR TYPE OF INSURANCE 3�AGSDL�SUI3t1.1 ----- POLICY NUMBER ..._ MMPDD(YYYYS M.LI. YYY ...._ ......._„ LIMITS ...... ....... ---- i A ' X COMMERCIAL GENERAL LIABILITY Y CO-324N6425 3H(2020 311/2021 EACH OCCURRENCE $1,000,000 (CLAIMS-MADE X OCCUR �iAM`AQ9 TES FtENTD - ---- ID i ....... ..1 ._...( PREMISES„(_Ea occurrence) $500,000 MED EXP{Any one person) $5,000 PERSONAL&ADV INJURY �_$1,000,000 i r GEN`L AGGREGATE LIMIT APPLIES PER ( GENERAL AGGREGATE $2 000 000 uTIIa ;X P� C ( PRODUCTS-COMPIOP Ac�G 2 aoO Ooa POLICY Jp-f-'T LOCI $ B AUTOMOBILE LIABILITY Y - 810-8L678293 I 311121120 3/112021 Cob"BINEDSINGLELIMIT ((? , r urstansl $1 000 000 X "ANY AUTO L dt OWNED SCHEDULED BODILY INJURY(Per person)-- I AUTOS ONLY HIRED _ AUTOS ) ) I®DOILY INJURY(Per accident) ('�I X c X NON-OWNED PROPERTY DAA�,f+.C.E--- .. .... Q �_AUTOS ONLY �. __.�AUTOS ONLY {+YI rerltP�tri11 N f yy $ A X 'UMBRELLA LIAR X OCCUR CUP-2J391570 3/1/2020 3/112021 EACH OCCURRENCE ($5.000.000 r_ I I EXCESS IAB CLAIMS-MADE ( 5 E RC GREGAfE .... $5 0U0 U00 ...,... i DENcri RETENTION$ ' fi g $ � A WORKERS COMPENSATION ( UB-OK349145 3/1/2020 j 3/112021 1X STATUTE OTH I AND EMPLOYERS'LIABILITY Y P N f m . FR _ ,., — f/} ANYPROPRIETORIPAR'rNER(EXECUTIVE `� a E.L EACH ACCIDENT )$1,000 UUU OFFICEWMEMBER EXCLUDED? INP A _ ..- _ ., _ _ T (Mandatory In NH) E.L.DISEASE EA EMPLOYEE' $1,000,000 If yes,describe under - -- DESCRIPTION OF OPERATIONS below ' EL.DISEASE-POLICY LIMIT $1,000,000 � 3 � l DESCRIPTION OF OPERATIONS P LOCATIONS P VEHICLES (ACORD 101,Additional Remarks Schedule,may be attached if more space is required) �A Project: FY21 Pavement Preservation Project Certificate holder is included as an additional insured as required by written contract with respects to the General Liability. 10 day notice of cancellation for non-payment and 30 clays for all other reasons applies O O CERTIFICATE HOLDER CANCELLATION cri SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. Monroe County 1100 Simonton Street Key West FL AUTHORIZED REPRESENTATIVE ©1 -2015 ACORD CORPORATION. All rights reserved.. ACORD 25(2016/03) The ACORD name and logo are registered marks of ACORD Packet Pg. 592 C.96.b Pavement 24144 Detroit Rd. Westlake, Ohio 44145 Phone: - - 440-892-1895 Fax: - 5 0 November 26, 2019 U s. Judith S. Clarke, P.E. 0 hector of Engineering Services CU Monroe County 1 100 Simonton Street C Key West, FL 330 CU CL : BID No. 201 - 09 ASPHALT REJUVENATION PROJECT Dear Ms. Clarke: cri We are pleased to Off el-0L11- proposal to apply ecla ite°Asphalt Rejuvenator to streets U located in Moilroe Corrrity, Florida. r- 0 Enclosed find verification of our contract with The City of Margate, Florida forte application of Reclamiteo Asphalt Rejuvenating Agent. Pavement Technology, Inc. can CU offer to Monroe County, the contract price of$0.95 per square yard per said contract. CU e look forward to the opportunity to be of service to you and Monroe County. Sincerely, C lni urante U Colin Durante President cdtrram it ppr etc c hir1c,r calryi Enclosure cc: Chris Evers John J. Schlegel Packet Pg. 593 C.96.b CITY OF MARGATE, FLORIDA RESOLUTION NO. 1 - SOLUTION OF THE CITY OF MARGATE, FLORIDA, APPROVING CONTRACT AND AWARDING BID NO. 2019- 009 FORASPHALT REJUVENATION, TO PAVEMENT TECHNOLOGY INC. , IN AN AMOUNT NOT TO EXCEED 0. 95 PER SQUARE YARD FOR APPLICATIONS OF RECIAMITE ,ASPHALT REJUVENATION0 PER SQUARE YARD FOR A. .A.-1 TI POLLUTION- DCI POLYMERIZED TI S 0 o UTILIZING A JOINT COOPERATIVE ; PROVIDING FOR EFFECTIVE DATE. BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF MARGATE, > FLORIDA: r_ SECTION 1: That the City Commission of the City o Margate, Florida, approves a contract and award of Bido. 2019- 009 for asphalt rejuvenation, to Pavement Technology, Inc. , in an CL amount not to exceed $0. 95 per square yard for applications o rcla ie asphalt rejuvenation agent o 1. 9 per square yard for A.R.A.-1 TI pollution-reducing polymerized rejuvenating seal. a SECTION : That this contract shall be awarded under joint cooperative bid for the cities of Margate, Miami-Gardens, and Plantation, with the City of Margate acting as lead agency. 0 SECTION That the Mayor and City Manager are authorized and directed to execute a contract for the above, or the administration is authorized to issue a purchase order to implement same. SECTION 4: That this Resolution shall become effective immediately upon its passage. PASSED, ADOPTED AND APPROVED THIS 21sr day of AUGUST, 2019. o ATTEST; S VNG Y iN' HONY CAGG O CITY CL K RECORD OF V rserio YES Schwartz YES Ruzzano Caggiano Packet Pg. 594 C.96.b n q CITY OF MARGATE T08011mr WC eke 11 CAI 0 M U CONTRACT J THIS CONTRACT, made and entered into thisn between: > 2 CITY OF MARGAT , FLORIDA, a municipal corporation organized existing under the lags of the State of Florida, 5790 Margate Blvd., Margate, Florida, 3,3063, (hereinafter referred to as "CITY"); and Pavement Technology, Inc. 24144 DetroitRoad, � Westlake, i 1 (hereinafter referred s " "). CL i I IN CONSIDERATIONthe mutual covenants and conditions s herein expressed and of the faithful performance of all such covenantsconditions, the partieso U mutually re asfollows: 0 THE CONTRACT DOCUMENTS ARTICLE I The Contract ocu s consist of all of the following: is Inviting i , Instructions to Bidders, Special Conditions, Bid Proposal Form, Schedule i Prices, Information Required i rs, Bid Bond, Reference Non-Collusive i vi , Drug-Free Workplace rm, Performance Bond, and CertificateInsurance, is r U part oft is contract, or any additional documents whichr required submitted r the Contract, and all amendments, modifications and supplements issued r after the effective of the Contract. 1 Packet Pg. 595 C.96.b ARTICLE SCOPE OF THE WORK CONTRACTOR shall furnish all of the labor, materials, equipment,transportation, supplies, and services necessaryr II of the workrequired the Contract t for: ASPHALT REJUVENATION PROJECT ARTICLE 3 BID NO. 2019-009 CONTRACT TIME U 0 TIME IS OF THE ESSENCE OF THISpurchase order shall be issued by the City. Work shall be performedn as needed basis and shall be completewithin the agreedime frame establishedDirector of Publicr r r for each assigned r j c . Failure to achievetimely, substantial, and/or final completion shall C be regarded r this Contract and subjectappropriate remedies. Contractor shall in accordancei instructions received from i , furnish all of the labor, materials, equipment, transportation, supplies and services necessary to performII asphalt rejuvenation r required s specified by the CityMargate,from the date of this agreement, for a periodo ( )years withoption renew for three( ) additional one E (1) year extensions, providing both partiesagree, rovi i II terms conditions specifications remain ; providing for availability of funding. shall remain fixed and firm for the initial contract term. for any extension ions are subject to U negotiation, if adjusted, approved i o ii . 0 ARTICLE CU CONTRACT SUM CU 1. CITY shall pay to CONTRACTOR the amount of$0.95 per square yardfor applications _ with ReclamiteI rejuvenation agen r $1.49 per square yardfor applications with the offeredalternate ro c .-1 TI pollution-reducing pof ri rejuvenating seaI for all scheduled workprojects upon its determination that the project has been completed. 2. Payment II be made at the aboveitemized ric for all completed ork upon approval the City. his price shall be full compensation for all costs associated with completion of all the work in full conformity it the requirements as stated or shown, or both in the Contract . 2 Packet Pg. 596 C.96.b ARTICLE PAYMENT 1. The CONTRACTOR shall requisition for work completed. II be abovemade as rovided upon full completion of the job e r i I r with properlycut releases liens II subcontractors, suppliers material materialmen as maybe required !TY. CITY shall make payment to CONTRACTOR within I r days after its approval. 2. CITY may withholdin whole or in part, paymento such extent as may be necessary tov, protect itself r loss on account : 0 CU a. Defective or not remedied. 0 J b. Claims filed or unreasonable evidence indicating the probable filing f claims by .0 other parUes against the CONTRACTOR. c. Failure of the CONTRACTOR to make payment to subcontractors r suppliers for 2 materials r labor. d. Damage to the CITY r to another contractor not remedied. Reasonablee. i that the work cannot be completed fort the unpaid balance the Contract i f. Reasonable ei c t the work will not be completed wi i or ct Time. 2 g. Persistent failure to carry out the work in accordance withthe Contract Documents. r- When the above grounds areremoved or resolved or the CONTRACTOR providessurety bond r a consentsurety satisfactory the CITYis ill protect the CITYin the CU amount withheld, in wholeor in part. 0 ARTICLE 6 FINAL PAYMENT Final payment, constituting it n id balance of the ContractII be paid the CITYII outstanding r completed II controversy regarding the prec i I the CITY'Ssatisfaction. 3 Packet Pg. 597 C.96.b ARTICLE MISCELLANEOUS PROVISIONS 1. Terms used in thisAgreement ish are definedin the Special and General Conditions of the Contract shall have the meanings designatedin those Conditions. 2. This agreement shall have been deemed to havec i i to of Florida. The validity, construction, and effect of this AgreementII be governed the laws of the State of Florida. l i , objection, or dispute arisingout of this Agreement shall be litigated only in the Seventeenth Judicial irci in and for Broward County, 2 CU waiver of any provision, covenant, or condition i in this agreementr of the 0 breach rovision, covenant, or condition ii this agreement shall be taken to constitute waiver of any subsequent breachsuch provision, covenant, or condition, 0 CU 4. CONTRACTOR II not assign or transfer the Contractr its rights, title or interests therein without CITY'Sprior written approval. The obligations undertaken2 pursuantCONTRACTOR nr c II not be delegatedr assigned to any other person or firm unless CITY shall first consent in writingo the assignment. Violation terms i Paragraph II constitute rContract by CONTRACTOR and the CITY may, at its discretion, cancel r c II rights, title interest of CONTRACTOR shall thereupon cease r i 5. This agreement, and attachments, represents ire understanding of the partiess CU to the matters contained herein. No prior oral or written understandingII be of any forcei respect rs covered hereunder. iagreement may 2 only be modifiedin writingsigned r- PARTIES6. THE I , IRREVOCABLY, INTENTIONALLYVOLUNTARILY AND I ACTION,A TRIAL BY JURY IN RESPECT TO ANY COUNTERCLAIM BASED UPON THE CONTRACT,ARISING OUT OF, UNDER,OR 0 IN CONNECTION WITH THE MATTERS TO BE ACCOMPLISHED IN THIS WRITTEN)AGREEMENT, OR ANY COURSE OF CONDUCT, COURSE OF DEALING, 0 STATEMENTS (WHETHER VERBAL OR INACTIONS OF ANY PARTY. E 7. SCRUTINIZED COMPANIES. In accordance iFlorida amended, o is ineligible not bid , submit ro I for, or enter into or renew a contract i n agency or local governmental entity for goods or servicesis Packet Pg. 598 C.96.b a. Any of o , at the time of biddingsubmitting r I for, or entering into or renewing such contract, the company is on the Scrutinized Companiesoyco Israel List, created pursuant to s. 215.4725, Florida Statutes, or is engaged in a boycottIsrael; or b. e million dollarsr more, i , at the timebidding iti proposal for, or entering into or renewing such contract, the company: . Is on the Scrutinized Companiesi ctiviti in Sudan List or the Scrutinized i i Activities in the Iran Petroleum Energy Sector List, created ursu o s. 215.73, Florida Statutes; r 0 CU ii. Is engaged in business operations in Syria. submitting a bid, or response,the company, principals or owners certifyh they are not listed Scrutinized Companies oyco Israel List, Scrutinized Companiesit ctivities in Sudan List, Scrutinized Companies with Activities in the Iran Petroleum r cr List, or is CU engaged in business operations in Syria. RECORDS:8. PUBLIC The Contractor shall comply it Florida's lic Records Chapter 119, Florida Statutes, and specificallyagrees CU A. Keep and maintain public records required i o Margate to performservice. B. Upon request from i of Margate's custodian lic 0 records, provide i of Margatei coy of the requested records r allow the records to be inspected r CU copied ii reasonable ti cost that does not exceed the cost provided in this chapter or as otherwise rovi law. 0 EnsureC. lic records r or confidential exempt from lic records isl ur requirements r not disclosed c s authorized by law for the durationof the Agreement term and followingcompletion of the Agreement i the Contractor does not transfer the records to the City Margate. Upon completionthe Agreement, transfer, at no cost, to the 5 Packet Pg. 599 C.96.b City of MargateII public records in possessionoft e Contractor or keep and maintainpublic records required City of Margater ice. If the Contractor transfers II public records the City of Margate completion of the Agreement, the Contractor shall destroy duplicate public records r r confidential and exempt from public records iclsr requirements. If the Contractor i ins public records o completion of the Agreement, II meet all applicable requirements r retaining li records. II records stored electronicallyr vi a to the Cityt upon request from i f Margate's custodian of public0 records, in a formatis compatiblei information technology systems of the CityMargate. E. IF THE CONTRACTOR HAS QUESTIONS 0 119, FLORIDA STATUTES, TO THE REGARDING THE APPLICATION OF CHAPTER > CONTRACTOR'S CONTRACT,RECORDS RELATING TO THIS address:CONTACT THE CUSTODIAN OF PUBLIC RECORDS AT: Telephone number: CU recordsmanagement@margatefl.com0 address:Mailing 5790 Margate Boulevard 2) Crj Margate, FL 33063 Crj Packet Pg. 600 C.96.b IN WITNESSETHI have signedi rc in duplicate. counterpart s been deliveredI ll portionsthe ContractDocuments have been signedr identified l CONTRACTOR. WITNESSIN , the partieshereunto set their hands and sealsthe day and r first v ri . CITY OF MARGATE CU U 0 J { CU CU il AR aq Caggi Mayor Cale Curtis, City Manager C day of 2off - r fay o CL E ATTEST: 'y > ,avanagh, i T r n tt , , sq,, i rge'h ay of - - day of CU a CU 0 U Packet Pg. 601 C.96.b FOR CONTRACTOR FOR CORPORATION: J ih Cl day of NkCL Secretary (CORPORATE SEAL) i day of_AYC jQS 9wW f _� u 0 PROPOSED ASPHALT REJUVENATION PROJECT BID NO. 2019-009 AGREEMENT BETWEEN CITY OF MARGATE AND CONTRACTOR FOR THE Q) u Packet Pg. 602