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Item E07 �s E.7 'r`, County of Monroe �y,4 ' �, "tr, BOARD OF COUNTY COMMISSIONERS County �a� Mayor Michelle Coldiron,District 2 �1 nff `_ll Mayor Pro Tem David Rice,District 4 -Ile Florida.Keys Craig Cates,District 1 r, Eddie Martinez,District 3 w � Holly Merrill Raschein,District 5 County Commission Meeting November 17, 2021 Agenda Item Number: E.7 Agenda Item Summary #9904 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 $385,000 for application of Reclamite Asphalt Rejuvenation Agent on recently resurfaced streets in Stock Island, Key Haven 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 Stock Island, Key Haven and Key Largo were paved between 2018 and 2020. 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 Agreements on March 19, 2020 and October 21, 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: Pavement Technology Inc. FY 2022 Contract City of Margate Contract FINANCIAL IMPACT: Effective Date: 11/17/2021 Packet Pg.358 E.7 Expiration Date: 30 Days After Completion of Work Total Dollar Value of Contract: $385,000 Total Cost to County: $385,000 Current Year Portion: $385,000 Budgeted: Yes Source of Funds: 304-27000-560630: $385,000 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: 11/17/21 304-27000 - TRANSPORTATION PROJECTS $385,000.00 REVIEWED BY: Judith Clarke Completed 10/28/2021 1:37 PM Christine Limbert Completed 11/02/2021 10:49 AM Purchasing Completed 11/02/2021 10:57 AM Budget and Finance Completed 11/02/2021 11:01 AM Maria Slavik Completed 11/02/2021 11:45 AM Liz Yongue Completed 11/02/2021 12:10 PM Board of County Commissioners Pending 11/17/2021 9:00 AM Packet Pg.359 E.7.a Pamnant Preservation 'r i c! Standard Form of Agreement Between Owner and Contractor Where the basis of payment is a STIPULATED SUM cV cv CD cv AGREEMENT �- Made as of the 17th day of November in the year of Two Thousand and Twenty One. CL BETWEEN the Owner: Monroe County Board of County Commissioners ("BOCC") 1100 Simonton Street Key West, Florida 33040 ("Owner") CL And the Contractor: Pavement Technology Inc.. 24144 Detroit Road Westlake, Ohio 44145 ("Contractor") > For the following Project Pavement Preservation Project Various Locations c U Monroe County, Florida ("Project") cv The Owner and Contractor agree as set forth below. c 0 ARTICLE 1 e The Contract Documents The Contract Documents consist of this Agreement, County Forms (Ethics Clause; Non-Collusion m Affidavit; Drug-Free Workplace; 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 and are as fully a part of the Contract as if attached to this Agreement or repeated herein. The Contract E represents the entire and integrated agreement between the parties hereto and supersedes prior e 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 for the City of Margate, Miami-Gardens and Plantation with the City of Margate as the lead agency under Bid No. 2019-009 Asphalt Rejuvenation Project 11/17/21 CONTRACT DOCUMENTS I Packet Pg.360 E.7.a Pavement Preservation_PL0Jcut 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, to the following: cv Ms. Judith Clarke, P.E. Director of Engineering Services Monroe County 1100 Simonton Street, Room 2-216 Key West, Florida 33040 CL For the Contractor: Chris Evers Pavement Technology Inc. 2144 Detroit Road CL Westlake, Ohio 44145 ARTICLE 2 The Work of this Contract The Contractor shall execute the Scope of Work as specified and described in Attachment A. The contract constitutes the entire and exclusive agreement between the Owner and the Contractor with reference to the Pavement Preservation Project. �" cv ARTICLE 3 U_ Date of Commencement and Substantial Completion 3.1 The date of commencement is the date from which the Contract Time of Paragraph 3.2 is c measured, and shall be the date specified in the Notice to Proceed issued to the Contractor by the Owner. 3.2 The Contractor shall achieve Substantial Completion of the entire Work not later than 120 Days after the Date of Commencement, subject to adjustments of the Contract Time as provided by the Contract Document. Uncontrollable Circumstance CL 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 Parry'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 unavoidable: (a) acts of God; (b) flood, fire, earthquake, explosion, tropical storm, hurricane or other declared emergency in the geographic area of the Project; (c) war, invasion, hostilities (whether war is declared or not), terrorist threats or acts, riot, or other civil unrest in the geographic area of the Project; (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 11/17/21 CONTRACT DOCUMENTS 2 Packet Pg.361 E.7.a Pavement Preservation PrQj9 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 cireurnstancc that is reasonably likely to result in an Uncontrollable Circumstance, and the anticipated dwatimi 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 tine as the owners Representative may determine. `CD V cv ARTICLE 4 0. Contract Sum 4.1 The owner shall pay the Contractor in current funds for the Contractor's performance of the Contract, for the Pavement Preservation Project at a rate of $0.95 per Square Yard ofCL asphalt pavement treated, for a total not to exceed amount of Three Hundred and Eighty- Five Thousand Dollars ($385,000) ("Contract Sum") subject to additions and deductions as m provided in the Contract Documents. ARTICLE 5 0 Progress Payments cv cv 5.1 Based upon Invoices submitted by the Contractor to the Owner, the Owner shall make progress payments on account of the Contract Sum to the Contractor as provided below and elsewhere in the Contract Documents. Contractor shall submit to the County invoices with supporting documentation that are acceptable to the Clerk. Acceptability to the Clerk is based on generally accepted accounting principles and such laws, rules, and regulations as may govern the Clerk's disbursal of funds. CD 0 5.2 The period covered by each Invoice for payment shall be one calendar month ending on the last day of the month. 5.3 County shall pay pursuant to the Local Government Prompt Payment Act 218.70 Florida E Statutes. CL 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 as the Owner may require. The list of roads to be treated, unless objected to by the Owner, shall be used as a basis for reviewing the Contractor's Invoices. 5.5 Invoices for Payment shall indicate the amount of the Work completed as of the end of the period covered by the Invoice for Payment. 11/17/21 CONTRACT DOCUMENTS 3 Packet Pg.362 E.7.a ('avemeLi 1"rescrvkAioi1 i'rc 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 Work as determined by multiplying the contract rate by the square yards of asphalt treated , less retainage of Five percent (5%). 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 confirmed by the Owner. When both additions and credits covering related Work or substitutions are 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. 5.6.2 Subtract the aggregate of previous payments made by the Owner; and CL 5.6.3 Subtract amounts, if any, for which the Owner has withheld or nullified a Certificate for Payment. CL y 5.7 The progress payment amount determined in accordance with Paragraph 5.6 shall be further modified under the following circumstances: 5.7.1 Add, upon Substantial Completion of the Work, a sum sufficient to increase the total payments to Ninety-Five percent (95%) of the Contract Sum, less such amounts as the Owner recommends and determines for incomplete Work and unsettled claims 2 0 U ARTICLE 6 CD cv Final Payment Final payment, constituting the entire unpaid balance of the Contract Sum, shall be made by the Owner to the Contractor when (1) the Contract has been fully performed by the Contractor except for the o Contractor's responsibility to correct nonconforming Work and to satisfy other requirements, if any, which necessarily survive final payment: and (2) a Final Project Certificate for Payment has been issued by the Project Manager: such final payment shall be made by the Owner not more than 20 days after the issuance of the Final Project Certificate for Payment. CD ARTICLE 7 > 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. 7.2 The Contractor shall name the Monroe County Board of County Commissioners, its employees and officials as "Additional Insured" on all policies except for Worker's Compensation. Insurance Statement 11/17/21 CONTRACT DOCUMENTS 4 Packet Pg.363 E.7.a Pavement Presi�Lvation!Lrq jgq The Insurance requirements are as follows: Insurance Re uirement Limits Worker's Compensation Statutory Limits Employer's Liability WC3 $1,000,000/$1,000,000/$1,000,000 cv N General Liability GL3 $ 1,000,000 Combined Single Limit N GLXCU *Required Endorsement Underground, Explosion and Collapse (XCU) Vehicle Liability VL3 $500,000 per person; $1,000,000 per occurrence (Owned, hired and $100,000 Property Damage Non- owned Vehicles) or y $1,000,000 Combined Limit All insurers shall have an A.M. Best rating of VI or better and shall be licensed to do business in the 0) state of Florida. ARTICLE 8 Miscellaneous Provisions c N CD 8.1 Where reference is made in this Agreement to a provision or another Contract Document, the N reference refers to that provision as amended or supplemented by other provisions of the Contract Documents. 8.2 Payments due and unpaid under the Contract shall bear interest pursuant to the Local Government Prompt Payment Act 218.735 8.3 Monroe County's performance and obligation to pay under this contract is contingent upon an annual appropriation by the Board of County Commissioners. 8.4 Public Entities Crimes By signing this Agreement, Contractor represents that the execution of this Agreement will not violate the Public Entities Crime Act(Section 287.133, Florida Statutes). Violation CL of this section shall result in termination of this Agreement and recovery of all monies paid hereto and may result in debarment from County's competitive procurement activities. m In addition to the foregoing, Contractor further represents that there has been no determination, 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. 11/17/21 CONTRACT DOCUMENTS 5 Packet Pg.364 E.7.a avernent ilreservrtkion Pro'ec't 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, CD for CATEGORY TWO for a period of 36 months from the date of being placed on the convicted vendor list. 8.5 The following items are part of this contract: CL - a) Maintenance of Records: Contractor shall maintain all books, records, and documents directly pertinent to performance under this Agreement in accordance with generally accepted accounting principles consistently applied. Each party to this Agreement or their authorized representatives, shall have reasonable and timely access to such records CL of each other party to this Agreement for public records purposes during the term of the Agreement and for four years following the termination of this Agreement. If an auditor W employed by the County or Clerk determines that monies paid to Contractor pursuant to this Agreement were spent for purposes not authorized by this Agreement, the Contractor W shall repay the monies together with interest calculated pursuant to Sec. 55.03; FS, running from the date the monies were paid to Contractor. b) Right to Audit: Availability of Records. 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 �- instructions, bidders list, etc.); original estimates; estimating work sheets; correspondence; change order files (including documentation covering negotiated settlements); backcharge logs and supporting documentation; general ledger entries c detailing cash and trade discounts earned, insurance rebates and dividends; any other supporting evidence deemed necessary by Owner to substantiate charges related to this agreement, 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 E hereinafter referred to as "Records") shall be open to inspection and subject to audit and/or reproduction by Owner's representative and/or agents of Owner. Owner may CL also conduct verifications such as, but not limited to, counting employees at the job site, witnessing the distribution of payroll, verifying payroll computations, overhead E computations, observing vendor and supplier payments, miscellaneous allocations, special charges, verifying information and amounts through interviews and written confirmations with employees, Subcontractors, suppliers, and contractors' representatives. All records shall be kept for seven (7)years after Final Completion. 11/17/21 CONTRACT DOCUMENTS 6 Packet Pg.365 E.7.a Pavement Preservation I'Lo c) Governing Law, Venue, Interpretation, Costs, and Fees: This Agreement shall be governed by 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. cv d) Severability: 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, 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 valid and shall be enforceable to the fullest extent permitted by law unless the enforcement of the remaining terms, covenants, conditions and provisions of this y Agreement would prevent the accomplishment of the original intent of this Agreement. 2 0. 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 0) 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 entitled to reasonable attorney's fees and court costs, as an award against the non- prevailing party, and shall include attorney'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 U- procedures required by the circuit court of Monroe County. f) Binding Effect: The terms, covenants, conditions, and provisions of this Agreement c shall bind and inure to the benefit of the County and Contractor and their respective legal representatives, successors, and assigns. g) Authority: Each party represents and warrants to the other that the execution, delivery and performance of this Agreement have been duly authorized by all necessary County E and corporate action, as required by law. CL h) Claims for Federal or State Aid: 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 11/17/21 CONTRACT DOCUMENTS 7 Packet Pg.366 E.7.a Pavement 111'e mom ,100mt Pmtrj ct 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 1964 (PL 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. 1681-1683, 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; 4) The Age Discrimination Act of 1975, as amended (42 USC ss. 6101-6107) which prohibits discrimination on the basis of age; 5) The Drug Abuse Office and 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 91-616), as amended, relating to nondiscrimination on the basis of alcohol abuse or alcoholism; 7) The Public Health Service Act of 1912, ss. 523 and 527 (42 USC ss. 690dd-3 and 290ee-3), as amended, °— relating to confidentiality of alcohol and drug abuse patient records; 8) Title VIII of the Civil Rights Act of 1968 (42 USC s. 3601 et seq.), as amended, relating to y nondiscrimination in the sale, rental or financing of housing; 9) The Americans with Disabilities Act of 1910 (42 USC s. 12101 Note), as may be amended from time to time, relating to nondiscrimination on the basis of disability; 10) Monroe County Code Chapter 14, Article 1I, which prohibits discrimination on the basis of race, color, sex, religion, national origin, ancestry, sexual orientation, gender identity or expression, W 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. 0 j) Covenant of No Interest: County and Contractor covenant that neither presently has any interest, and shall not acquire any interest, which would conflict in any manner or degree with its performance under this Agreement, and that only interest of each is to perform and receive benefits as recited in this Agreement. U- k) Code of Ethics: County agrees that officers and employees of the County recognize and CD will be required to comply with the standards of conduct for public officers and c 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 relationship; and disclosure or use of certain information. 0) 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 CL 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. 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 monies owed, or otherwise recover, the full amount of such fee, commission, percentage, gift, or consideration. 11/17/21 CONTRACT DOCUMENTS 8 Packet Pg.367 E.7.a E'y�veincnt 1'r�t;�rvtst�t�tr_E'�t)"s�c:f m) 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 of, 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 of the Contractor to abide by the terms of this provision shall be 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 reimbursement of all attorney's fees and costs associated with that proceeding. This CL provision shall survive any termination or expiration of the contract. The Contractor is encouraged to consult with its advisors about Florida Public Records Law in order to comply with this provision. Pursuant to F.S. 119.0701 and the terms and conditions of this contract,the Contractor is required to: y (1) Keep and maintain public records that would be required by the County to perform the service. 2 (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 public records 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. (4) 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 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 U- and exempt from public records disclosure requirements. If the Contractor keeps and maintains public 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 CD from the County's custodian of records, in a format that is compatible with the information technology 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 notify the Contractor of the request, and the Contractor must provide the records to the County or allow the records to be inspected or copied within a reasonable time. 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 19.10, 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. 11/17/21 CONTRACT DOCUMENTS 9 Packet Pg.368 E.7.a Pavement Preservation Proiuct IF THE CONTRACTOR HAS QUESTIONS REGARDING THE APPLICATION OF CHAPTER 119 FLORIDA STATUTES TO THE CONTRACTOR'S DUTY TO PROVIDE PUBLIC RECORDS_ RELATING_- TO THIS CONTRACT, - CONTACT THE CUSTODIAN OF PUBLIC RECORDS BRIAN_BRADLEY AT PHONE# 30 -292-3470 BRADLEY-BRIAN MONROECOIJNTY-FL.GOV MONROE COUNTY ATTORNEY'S OFFICE 1111 12TH Sty~eet SUITE 408 KEY CD VEST, FL 33040. �- n) Non-Waiver of Immunity: Notwithstanding the provisions of Sec. 768.28, Florida Statutes, the participation of the County and the Contractor in this Agreement and the acquisition of any CL commercial liability insurance coverage, self-insurance coverage, or local government liability insurance pool coverage shall not be deemed a waiver of immunity to the extent of liability coverage, nor shall any 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, or employees of any public agents or E employees of the County, when performing their respective functions under this Agreement within the 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. 0 U p) Legal Obligations and Responsibilities: Non-Delegation of Constitutional or Statutory N Duties. This Agreement is not intended to, nor shall it be construed as, relieving any participating entity N from any obligation or responsibility imposed upon the entity by law except to the extent of actual and >- timely performance thereof by any participating entity, in which case the performance may be offered in _ satisfaction of the obligation or responsibility. Further, this Agreement is not intended to, nor shall it be 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. q) Non-Reliance 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 entitlement to or benefit of any service or program contemplated hereunder, and the County and the Contractor agree that neither the County nor the Contractor or any agent, officer, or employee of either shall have the authority to inform, counsel, or otherwise indicate that any particular individual or groupCL of individuals, entity or entities, have entitlements or benefits under this Agreement separate and apart, inferior to, or superior to the community in general or for the purposes contemplated in this Agreement. 0) 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 Drug-Free 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 or employee of Monroe County in his or her 11/17/21 CONTRACT DOCUMENTS 10 Packet Pg.369 E.7.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 by 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 by signing any cv such counterpart. `V cv 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 Agreement and will not be used in the interpretation of any provision of this Agreement. CL v) Special Conditions: Any special conditions are detailed in Article 10. — w) Hold Harmless and Indemnification: Notwithstanding any minimum insurance y requirements prescribed elsewhere in this agreement, the Contractor covenants and agrees that he shallCL defend, indemnify and hold the COUNTY and the COUNTY's elected and appointed officers and employees, and harmless from and against (i) claims, actions or causes of action, (ii) litigation, W administrative proceedings, appellate proceedings, or other proceedings relating to any type of injury (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 COUNTY's elected and appointed officers and employees from liabilities damages, losses and costs, including but not limited to, reasonable attorney's fees, to the extent caused by the negligence, recklessness, or intentional 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. 725.06. Insofar as the claims, actions, causes of action, litigation, proceedings, costs or expenses relate to events or circumstances that occur U- during the term of this Agreement, this section will survive the expiration of the term of this Agreement or any earlier termination of this Agreement. 0 In the event the completion of the project (including the work of others) is delayed or suspended as a 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. The first ten dollars ($10.00) of remuneration paid to the Contractor is for the indemnification provided E for above. > M CL 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. The 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 11/17/21 CONTRACT DOCUMENTS 11 Packet Pg.370 E.7.a Tavern pit Preservation PMLCCl 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 Disputes or 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 Representative 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 remedy as may be provided by this Agreement or by Florida law. This Agreement is not subject to arbitration. This provision does not negate or waive the provisions of paragraph y or Article 9 concerning termination or cancellation. CL y) Cancellation: In 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 — agreement after five days written notification to the Contractor. z) Cooperation: In the event any administrative or legal proceeding is instituted against 2 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, W processes, meetings, and other activities related to the substance of this Agreement or provision of the services under this Agreement. County and Contractor specifically agree that no party to this W 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 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 by reference into any assignment or subcontract and any assignee or subcontractor shall comply with all of the provisions of this Agreement. Subject to the provisions of the immediately preceding sentence, each party hereto binds itself, its successors, assigns and legal representatives to the other and to the successors, assigns and legal representatives of such other party. e 0 8.7 No third Party Beneficiaries: Nothing contained herein shall create any relationship, U contractual or otherwise, with or any rights in favor of, any third party. It is specifically agreed between the parties executing this Agreement that it is not intended by any of the provisions of any part of the 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 CL 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. 8.8 The Recipient will not discriminate against any employee employed in the performance of this Agreement, or against any applicant for employment 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 11/17/21 CONTRACT DOCUMENTS 12 Packet Pg.371 E.7.a 1't�ve,�art�rst I'r��crut�ti�as�1'rc similar provisions in all contracts and subcontracts for services by this Agreement. The Recipient affirms that it is aware of the provisions of Section 287.134(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 public work; may not submit bids on leases of real property to a public entity; may not be awarded or perform work as a contractor, supplier, subcontractor, or consultant under a contract with any public entity; and may not transact business with any public Recipient. The Recipient further agrees that it shall not violate Section 287.134(2)(a), Florida Statutes, and acknowledges and agrees that placement on the list during the term of this Agreement may result in the termination of this Agreement. cv 8.9 E-Verify System - Beginning January 1, 2021, in accordance with F.S. 448.095, the Contractor and any subcontractor shall register with and shall utilize the U.S.Department of Homeland Security's E-Verify system to verify the work authorization status of all new employees hired by the Contractor CL during the term of the Contract and shall expressly require any subcontractors performing work or providing services pursuant to the Contract to likewise utilize the U.S. Department of Homeland Security's E-Verify system 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 2 subcontractor does not employ, contract with, or subcontract with an unauthorized alien. The Contractor CL shall comply with and be subject to the provisions of F.S. 448.095 ARTICLE 9 9.1 Termination for Cause c 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 within 15 days,the agreement may be terminated upon five (5) additional days' Written Notice. �- 9.2 Termination for Convenience and suspension by Owner 9.2.1 Contractor or Owner may terminate this agreement, without cause, upon providing 30 days Written Notice. 9.2.2 The Owner may,without cause, order the Contractor in writing to suspend, delay or interrupt the Work in whole or in part for such period of time as the Owner may determine. 9.3 Scrutinized Companies CL If the County determines that the Contractor has been placed on the Scrutinized Companies that Boycott 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 Statutes, or (2) maintaining the Agreement if the conditions of Section 287.135(4), Florida Statutes, are met. ARTICLE 10 Special Conditions 11/17/21 CONTRACT DOCUMENTS 13 Packet Pg.372 E.7.a 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. cv cv 10.2 Access to Work `V 10.2.1 The Contractor shall provide the Owner's Representative and the Owner access to the Work in preparation and progress wherever located. CL 10.3 Care of Trees, Shrubs and Grass 10.3.1 The Contractor shall be fully responsible for maintaining in good condition all vegetation inside y the County right-of-way. Contractor will conduct work in a manner that minimizes the amount ofCL vegetation that is impacted by the Work. Where vegetation must be removed or destroyed incident to the Work, the Contractor, after completion of the work, must replace or restore to the original condition all 0) destroyed or damaged shrubbery, grass areas or pea rock areas. 10.4 Maintenance of Traffic 10.4.1 The Contractor shall be responsible for the proper maintenance control and detour of traffic in 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. cv 10.4.2 All traffic control signs and devices, barricades, flashers, flambeaus and similar devices shall be U- furnished and maintained by the Contractor. 10.4.3 Work shall be conducted in such a manner to cause the least possible interruption to traffic. c Necessary access to and from adjacent properties shall be provided at all times. 10.5 Barricades and Protection of Work 10.5.1 The Contractor shall protect his work throughout its length by the erection of suitable barricades, E where required. He shall further indicate his work at night by the maintenance of suitable lights or flares. He shall comply with all laws or ordinances covering the protection of such work and the safety CL measures to be employed therein. The Contractor shall carry out his work 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. 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 11/17/21 CONTRACT DOCUMENTS 14 Packet Pg.373 E.7.a Pavement 11roe:rvation Pros ct 10.6.1 The Contractor shall 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. cv 10.6.3 If the Contractor performs Work knowing it to be contrary to laws, statutes, ordinances, building 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. CL ARTICLE 11 °— PROTECTION OF PERSONS AND PROPERTY 11.1 Safety Precautions and Programs 2 CL 11.1.1 The Contractor shall be responsible for initiating, maintaining and supervising all safety precautions and programs in connection with the performance of the Contract. 11.2 Safety of Persons and Property 11.2.1 The Contractor shall take reasonable precautions for safety of, and shall provide reasonable 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- U_ 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 CD course of Work; and 4. Work or operations by the Owner or other Contractors. 11.2.2 The Contractor shall promptly remedy damage and loss to property caused in whole or in part by the Contractor, a Subcontractor, a Sub-subcontractor, 11.3 Emergencies CL .. 11.3.1 In an emergency affecting safety of persons or property, the Contractor shall act, at the Contractor's discretion,to prevent threatened damage, injury or loss. Additional compensation or extension of time claimed by the Contractor on account of an emergency shall be determined by the Owner. Article 12 Change Orders 11/17/21 CONTRACT DOCUMENTS 15 Packet Pg.374 E.7.a Pavement 'ga servatic�n 1'srr�ect 12.1 Description: 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. 12.1.1 Changes in the Work may be accomplished after execution of the contract, and without invalidating the Contract, by Change Order. The Contractor may only seek a no cost Change Order for such reasonable time as the Owner may determine. 12.2 Procedure: Should the Owner contemplate making a change in the Work or a change in the Contract Time of Completion, the Director of Engineering Services will provide CL the Contractor a description of the contemplated change. The Contractor will either: 1. Make the described change in the Work at no change in the Contract Sum and no change in the Contract 2 Time of Completion; 2. After analyzing the described change, promptly advise the County Director of Engineering Services as to credit or cost proposed for the described change and time CL adjustment, if any; or 3. Meet with the County Director of Engineering Services as required to explain costs and time adjustments when appropriate and determine other acceptable ways to achieve the desired objective. ._ 0 cv IN WITNESS WHEREOF the parties hereto have executed this Agreement on the day and date first `V written above in counterparts, each of which shall, without proof or accounting for the other >- counterparts, be deemed an original contract. (SEAL) BOARD OF COUNTY COMMISSIONERS Attest: KEVIN MADOK, Clerk OF MONROE COUNTY,FLORIDA o 0 By: By As Deputy Clerk Mayor Date e (SEAT ) 1' ement Technology Inc. Attest* ; ns By: By. Title: - ' Title: 11/17/21 CONTRACT DOCUMENTS 16 Packet Pg.375 E.7.a Pavement Preserva(ja !jMj st N N CD u 0) CL 0 N Attachment A Scope of Work 0 L) N N CD CD 0 CL 11/17/21 CONTRACT DOCUMENTS 17 Packet Pg.376 E.7.a 1'��zur��cnt�'r��crrrata<�n 1'r�re�k Scope Of Work 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 inclusive of labor and materials, mobilization, maintenance of traffic, notification to residents, and clean up. �- CL CL 0 cv cv cv c 0 CL 11/17/21 CONTRACT DOCUMENTS 18 Packet Pg.377 E.7.a Pavement l'reserraadq! 1'rnjgA - Key Haven Square Street From To Yards Amount Allamanda Ave Key Haven Rd Allamanda Ter 6,544 $6,216.80 Allamanda Ter Allamanda Ave Dead End 3,200 $3 040.00 Amaryllis Dr Allamanda Ave Dead End 3,236 $3,074.20 CD cv Arbutus Dr Allamanda Ave Dead End 3,236 $3,074.20 Aster Ter Allamanda Ave Dead End 3,236 $3,074.20 Azalea Dr Allamanda Ave Dead End 3,236 $3,074.20 CL Bamboo Ter Bougainvillea Ave Dead end 2,611 $2,480.45 Bamboo Ter Bougainvillea Ave Dead End 2,944 $2,796.80 Beechwood Dr Bougainvillea Ave Bamboo Ter g 1,667 $1,583.65 Birchwood Dr Bougainvillea Ave Bamboo Ter 1,473 $1,399.35 Bougainvillea Ave Key Haven Rd Bougainvillea Ter 2.222 $2,110.90 CL Cactus Dr Cypress Ave Dead End 1,209 $1,148.55 Coconut Dr Cypress Ave Dead End 758 $720.10 Cypress Ave Key Haven Rd Cypress Ter 4,122 $3,915.90 CL Cypress Ter Cypress Ave Dead End 1,333 $1,266.35 W Driftwood Dr KeyHaven Rd Dead End 3,369 $3,200.55 Driftwood Ter Key Haven Rd Driftwood Dr 667 $633.65 Evergreen Ave Key Haven Rd Dead End 2,718 $2,582.10 Evergreen Ct Evergreen Ave Dead End 200 $190.00 N cv Evergreen Ln Evergreen Ave Dead End 362 $343.90 �- Evergreen Ter Evergreen Ave Dead End 251 $238.45 c3 Floral Ave KeyHaven Rd Dead End S 3,073 $2,919.35 a% Key Haven Blvd U.S. 1 Dead End 2,778 $2,639.10 CD Key Haven Rd U.S. 1 Dead End 15,970 $15,171.50 Key Haven Ter Key Haven Blvd Dead End 1,953 $1,855.35 West Cypress Ter Cypress Ter Dead End 1,333 J. $1,266.35 Total 73,701 $70,015.95 Stock Island Square CL Street From To Yards Amount 5th Ave West End of Rd Robyn Ln 8,560 $8,132.00 m 5th St U.S. 1 5th Ave 5,769 $5,480.55 7th Ave Cross St 5th St 2,267 $2,153.65 Cross St U.S. 1 5th Ave 4,684 $4,449.80 MacDonald Ave U.S. 1 Maloney Ave 6,640 $6,308.00 ve MacDonald Ave Peninsular Ave Maloneyy 19,511 ' $18,535.45 Miriam St 12th Ave 6th Ave 2,680 $2,546.001 11/17/21 CONTRACT DOCUMENTS 19 Packet Pg.378 E.7.a Pavemew I'rewrvafio j!jRjg Peninsular Ave Maloney Ave Dead End 1,922 $1,825.90 Roberta St 12th Ave 6th Ave 2,684 $2,549.80 Robyn Ln 5th St 5th Ave 1,629 _ $1,547.55 Shrimp Rd 5th Ave End of County Part 3,044 $2,891.80 Suncrest Rd West End of Rd East End 2,244 $2,131.80 Total 61,634 $58,552.30 cv cv Key Largo Square "' Street From To Yards Amount ¢, Bonito Ln U.S. 1 Dead End 2,364 $2,245.80 Cuda Ln U.S. 1 Dead End 1,931 $1,834.45 c CL- - Dove Rd U.S. 1 Dead End 2,378 $2,259.10 Heron Rd U.S. 1 Dead End 2,378 $2,259.10 Lobster Ln U.S. 1 Dead End 2,896 $2,751.20 Mockingbird Rd U.S. 1 Dead End 2,367 $2,248.65 North Bay Harbor Dr U.S. 1 South Bay Harbor Dr 3,113 $2,957.35 Red Bird Rd Dove Rd Mockingbird Rd 1,511 $1,435.45 03 Snapper Ln U.S. 1 Dead End 2,444 $2,321.80 South Ba Harbor Dr U.S. 1 North Ba Harbor Dr Y Y _ 3,607 $3,426.65 Sunset Ct Sunset Rd Sunset Rd 1,067 $1,013.65 Sunset Rd U.S. 1 North Bay Harbor Dr 5,467 $5,193.65 pp 516 $490.20 Unnamed Ln Snapper Ln Lobster Ln c Unnamed alley South Bay Harbor Dr Sunset Rd 1,198 $1,138.10 N Ba View Ave U.S. 1 North Dr Y 2,358 $2,240.10 04 Central Ave U.S. 1 South Dr 1,964 $1,865.80 Coconut Dr U.S. 1 Seaside Ave 1,178 $1,119.10 Dove Ave U.S. 1 Dead End 2,244 $2,131.80 Gumbo Limbo Ave U.S. 1 Meridian Ave 1,464 $1,390.80 c 0 Lime St U.S. 1 Seaside Ave 1,096 $1,041.20 Lycaloma Ave U.S. 1 Meridian Ave 1,004 $953.80 Mahogany Ave U.S. 1 North Dr 1,753 $1,665.35 Mangrove Ave U.S. 1 i North Dr 1,753 $1,665.35 m Meridian Ave U.S. 1 South Dr 3,058 $2,905.10 North Dr East Ave Central Ave 1,978 $1,879.10 Ocean View Blvd U.S. 1 Dead End 3,596 $3,416.20 Palm Dr U.S. 1 Seaside Ave 816 $775.20 Peace Ave U.S. 1 Dead End 2,558 $2,430.10 Pine Ave U.S. 1 Meridian Ave 511 $485.45 - Seaside Ave West End Coconut Dr 3,400 $3,230.00 South Dr Meridian Ave Dead End 378 $359.10 Total 64,346 $61,128.70 11/17/21 CONTRACT DOCUMENTS 20 Packet Pg.379 E.7.a E�av�sau�tt C'resc:rv;�ic2m�['r�3°::�� Key Largo Square Street From To Yards Amount C- 05 U.S. I Card Sound Rd 172,444 $163,821.80__ Total 172,444 $163,821.80 Key West Square Streit From To Yards Amount DLIval St Ti-unian Ave Eaton St 7,650 $7,267,5 _ Total 7,650 $7,267.50 Grand Total 379,775 $360,786.25 CL CL U cv cv CD cv c 0 c CL 11/17/21 CONTRACT DOCUMENTS 21 Packet Pg.380 E.7.a Pavement Preservation Proieet cv cv CD cv u 0) CL County Forms cD ch 2 CL CL CJ cv cv CD cv 0 6 CL 11/17/21 CONTRACT DOCUMENTS 1 Packet Pg.381 E.7.a t'�r�a^Atsc�it t'resa:ev.aiicrtr�'1'resj�ct SWORN STATEMENT UNDER ORDINANCE NO. 010-1990 MONROE COUNTY, FLORIDA N ETHICS CLAUSE CD N It V4.J S /v3 $f L✓S 11 - ( o'mpany) CL "...warrants that he/it has not employed, retained or otherwise had act on his/her behalf any former County officer or employee in violation of Section 2 of Ordinance No. 010-1990 or any County officer or employee in violation of Section 3 of Ordinance No. 010-1990. For breach or violation of this provision the County may, in its discretion, terminate his, Agreement without liability and may also, in its discretion, deduct from the Agree me or purchase price, or otherwise recover, the full amount of any fee, commission, percen age, gi or consideration paid to the former County officer or employee."° Si re) Dater - N N STATE OF: / 0 N COUNTY OF: Subscribed and sworn to (or affirmed) before me, by means of physical presence or ❑ online notarization, on G L x,r17 Q / (date) by (name of affiant). He the ersonally known to m or has produced (type of t identification) as identification TARY PUBLIC My Commission Expires: „r_�,�. m , No"Ptbllc�State of Ohio 11/17/21 CONTRACT DOCUMENTS hAy ` at Febol27,20 Packet Pg.382 E.7.a l ave neat 1'rC$erv'1tiQq i'r t gq NON-COLLUSION AFFIDAVIT I, L')So--7 of the city of / according to law on my oath, and under penalty of perjury, depose and say that a. I a7 ecr'e%Gr� /�a.S'ure�' of the firm of the bidder making the N Proposal for the project deseribed in the Request for Proposals/Bid for City of Margate's Biel No. 2019-009 Asphalt Rejuvenation Project and that I executed the � said proposal with full authority to do so; b. the prices in this bid have been arrived at independently without collusion, 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; CL C. unless otherwise required by law, the prices which have been quoted in this bid r- have not been knowingly disclosed by the bidder and will not knowingly be 0) disclosed by the bidder prior to bid opening, directly or indirectly, to any other bidder or to any competitor; and d. 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 of restricting competition; 0 e. the statements contained in this affid a true and correct, cf %aide with full NCD knowledge that Monroe County reli upo the truth of the s temes contained in N this affidavit in awarding contracts r said project. U- ( i ) Date:. � v STATE OF rD Ex COUNTY OF: i " e r, Subscribed and sworn to (or affirmed) before me, by means of§4 physical preser, e online notarization, on ! -7 20 (date) by E 4)s , u _ (name of affiant). M e is personally kn_own to moor has produced type of identification) as identification. of NOTARY PUBLIC My Commission Expires: _ F of 11/17/21 CONTRACT DOCUMENTS . 3 } Packet Pg.383 E.7.a Pavement Pre rvntjpj C'!pajW DRUG-FREE WORKPLACE FORM The and signed vendor in accordance with Florida Statute 287.087 hereby certifies that: (Name of Business) N N 1. Publish a statement notifying employees that the unlawful manufacture, distribution, dispensing, possession, or use of a controlled substance is prohibited in the workplace U_ and specifying the actions that will be taken against employees for violations of such prohibition. 2. Inform employees about the dangers of drug abuse in the workplace, the business' 0. policy of maintaining a drug-free workplace, any available drug counseling, rehabilitation, and employee assistance programs, and the penalties that may be imposed upon employees for drug abuse violations. y 3. Give each employee engaged in providing the commodities or contractual services that 2 are under bid a copy of the statement specified in subsection (1). 4. In the statement specified in subsection (1), notify the employees that, as a condition of working on the commodities or contractual services that are under bid, the employee will abide by the terms of the statement and will notify the employer of any conviction of, or plea of guilty or nolo contendere to, any violation of Chapter 893 (Florida Statutes) or of any controlled substance law of the United States or any state, for a violation occurring in the workplace no later than five (5) days after such conviction. 5. Impose a sanction on, or require the satisfactory participation in a drug abuse �i assistance or rehabilitation program if such is available in the employee's community, or any employee who is so convicted. 6. Make a good faith effort to continue to maintain a drug-free wpAplace through implementation of this section. As the person authorized to sign the stateme t, I c rtify that this firm c mplies ully with the c above requirements. (Si gnat re) STATE OF: U ,0 w COUNTY OF: CL sir N Subscribed and sworn to (or affirmed) before me, by means of C4physiccl � ; , or Q, E online notarization, on 1dt I (name of affiant). he is persotll in �tr o r has produced (type of identifica tbn) as identification. NOTARY PUBLIC My Commission Expires: CU—bathMielcuany 11/17/21 CONTRACT DOCUMENTS io, fe of Ohio Febmj 27,20,1 Packet Pg.384 E.7.a Pavement Preservation Project PUBLIC ENTITY CRIME STATEMENT "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 a CONTRACTOR, supplier, subcontractor, or CONTRACTOR under a contract with any public entity, and may not transact �- business with any public entity in excess of the threshold amount provided in Section 287.017, for CATEGORY TWO for a period of 36 months from the date of being placed on the convicted vendor list." I have read the above and state that neither su-ea,-) u/�� e (Respondent's name) nor any Affiliate has been placed on the convicted vendor list within the last 3 ths. CL tStre) W Date: . ,-20 STATE OF: COUNTY OF: n .1 Subscribed and sworn to (or affirmed) before me, by means of � physical pr s rmce 6r' 0 online notarization, on y (date) b / U 16 (name of affiant). `is personally known o mW or has produced (type of identification) as identification. CL NOTARY PUBLIC My Commission Expires: rW"h MWcwny o4 Ohio W ;N Xu v y 27,2t1 3 11/17/21 CONTRACT DOCUMENTS 5 Packet Pg.385 E.7.a VENDOR CERTIFICATION REGARDING SCRUTINIZED COMPANIES LISTS Project Description(s): Ll .-, k e- .- Respondent Vendor Name: Verrerg I e-c4, o Vendor FEIN: ,.3 q- / 3 91�ok Vendor's Authorized Representative Name and Title: SU � � cV Address: c44 City: /ASS & State: (�� Zip: Z�(� �- Phone Number: q Yd 97d Email Address: S Ian ✓Lelcc1,, L . c a Section 287.135, Florida Statutes prohibits a company from bidding on, submitting a proposal for, or entering into or renewing a contract for goods or services of any amount if, 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 bidding 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 Petroleum Energy Sector Lists which were created pursuant to s. 215.473, 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 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 `V with Activities in the Iran Petroleum Energy Sector List, or engaged in business operations in Cuba or >- Syria. 1 understand that pursuant to Section 287.135, Florida Statutes, the submission of a false certification may subject company to civil penalties, attorney'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 e 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 Activities in the Iran Petroleum Energy Sector List or been engaged in business operations in Cuba or Syria. Certified By: _ ,who is authorized to sign o e alf of the above Authorized Signatu•e: efer ncec company �� L _ Print Name: C t , . , m Title:_ Note: The List are available at the following Department of Management Services Site: http://www.dms.myflorida.com/business operations/statepurchasing/vendor- information/convicted su spended�discriminato►v corni)W'nts vendor lists 11/17/21 CONTRACT DOCUMENTS 6 Packet Pg.386 E.7.a DATE(MM/DD/YYYY) AC"R" CERTIFICATE OF LIABILITY INSURANCE 10/28/2021 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(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 -- C NTACT -- - NAMc: Frances Lyons McGowan&Company, Inc. PHONE -- FAX — 20595 Lorain Rd F MAIL Q. a�0 440 895 4359 ,Na1 440 333 3214 E-MAtt, Fairview Park OH 44126 ADDRESS: flyons mrgDwanirlsurance cfsni ,-_ ___ . — N INSURERS AFFORDING COVERAGE NAIC# N INSURER A:Travelers Property Casually Co of America 36161 N INSURED ---- _ PAVETEC-01 INSURER B:Phoenix Insurance Company .. 25623 LL Pavement Technology, Inc 24144 Detroit Rd INSURER C Westlake OH 44145 INSURER o INSURER E: -.�.._ ..._...n._._ ... L. ........._ ......_M...... _____.._........... _..._._ .,.,,..,.,._..........._ C. INSURER F: C COVERAGES CERTIFICATE NUMBER:329293125 REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD M INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, N EXCLUSIONS AND CONDITIONS OF SUCH POLICIES LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. — --........._ —._ ,.,,,...._. .__ ... $(' _... ADOL15UE3R( POLICY EFF I POLICY EXP p LTR TYPE OF INSURANCE V POLICY NUMBER MM/DD/YYYY MWDD/YYYY C LIMITS CL A X COMMERCIAL GENERAL LIABILITY I DTC0324N6425 3/1/2021 3/1/2022 EACH OCCURRENCE $1000000 C ..t�AIF�+ .`YYJ I.ENTCC] }CLAIMS-MADE Lxl�OCCUR _PREMISES„(Ea occurrence) $500 000 MED EXP(Any one person) $5 000 PERSONAL&ADV INJURY. •,$,1,000,000 GE ........�....-.,.w..._ ,.— ._..._ N L AGGREGATE LIMIT APPLIES PER: GENERAL AGGREGATE $2.000 000 W .,_. POLICY rX ECG' LOC I PRODUCTS-COMP/OP AG $,2,000,000 _ _ ......., OTHER: � ... �$ B AUTOMOBILELIABILITY 8108L67S293 i 311/2021 3/1/2022 1'OM84NrS51ht�`'1,ELIMIT $1,000,000 O �••••• OWNED SCHEDULED BODILY INJ) ..... � � � -- t f aar�del•at X URY(Per person) $ .,,,�....�. _..._. ................... .... .— OWNE ONLY .. ,�AUTOS __BODILY INJURY(Per accident) $ N N AUTO X HIRED �( NON-OWNED a PfsC}PER'rYOAMAG(F $ CV AUTOS ONLY AUTOS ONLY I (,(Pm acr.it6aut) ,.,,,,,M._,-..�. ...,�.....w......,_.__.... .......— $ LL A X 'UMBRELLA LIAB X OCCUR I CUP2J391570 3/1/2021 3/1/2022 EACH OCCURRENCE $5,000,000 EXCESS LIAB CLAIMS-MADE ( AGGREGA. DED X �RETENTION$ ,- - ,,,__•,,,, ( ( $ - CD A WORKERS COMPENSATION UBOK349145 3/1/2021 1 3/1/2022 iX I STATUTE I ERH 0 AND EMPLOYERS'LIABILITY y/N ••• _ •-•--- - — O ANYPROPRIETOR/PARTNER/EXECUTIVE - EJL EACH ACCIDENT $1 000 000 OFFICER/MEMBER EXCLUDED? N/A ` '• ta' •` - ---- (Mandatory in NH) _ E L DISEASE EA EMPLOYEE$1 000.000 If yes,describe under G - -- _W ITmmm ----- DESCRIPTION OF OPERATIONS below ( E L.DISEASE-POLICY LIMIT $1 000 000 I® _.... -..-...,,�m._...,.m...._.,.,....a.... I � i DESCRIPTION OF OPERATIONS I LOCATIONS I VEHICLES (ACORD 101,Additional Remarks Schedule,may be attached it more space is required) Monroe County Sward of County Commissioners,its employees and officials are included as an additional insured as required by written contract with respects CL to the General Liability. O CERTIFICATE HOLDER _ CANCELLATION 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 BOCC 1100 Simonton Street AUTHORIZED REPRESENTATIVE Key West FL 33040 ©1988-2015 ACORD CORPORATION. All rights reserved_ ACORD 25(2016/03) The ACORD name and logo are registered marks of ACORD Packet Pg.387 E.7.b Pavement Technology, Inc. 24144 Detroit Rd. Westlake, Ohio 44145 Phone: 800-333-6309 440-892-1895 Fax: 440-892-0953 N N CD November 26, 2019 Ms. Judith S. Clarke, P.E. Director of Engineering Services CL Monroe County 1100 Simonton Street Key West, FL 33040 RE: BID No. 2019-009 ASPHALT REJUVENATION PROJECT a CD Dear Ms. Clarke: We are pleased to offer our proposal to apply Reclamite®Asphalt Rejuvenator to streets located in Monroe County, Florida. 0 Enclosed find verification of our contract with The City of Margate, Florida for the application of Reclamite°Asphalt Rejuvenating Agent. Pavement Technology, Inc. can offer to Monroe County, the contract price of$0.95 per square yard per said contract. c We look forward to the opportunity to be of service to you and Monroe County. Sincerely, Cofin Durante Colin Durante President eurante avetechinc.com. Enclosure cc: Chris Evers John J. Schlegel Packet Pg.388 E.7.b CITY OF MARGATE, FLORIDA RESOLUTION NO. A RESOLUTION OF THE CITY OF MARGATE, FLORIDA, APPROVING CONTRACT AND AWARDING BID NO. 2019- 009 FOR ASPHALT REJUVENATION, TO PAVEMENT TECHNOLOGY INC. , IN AN AMOUNT NOT TO EXCEED $0. 95 PER SQUARE YARD FOR APPLICATIONS OF RECLAMITE �ASPHALT REJUVENATION AGENT OR $1.49 PER SQUARE YARD FOR A.R.A.-1 TI POLLUTION- cV REDUCING POLYMERIZED REJUVENATING SEAL; UTILIZING A JOINT COOPERATIVE BID; PROVIDING FOR EFFECTIVE DATE. CL BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF MARGATE, FLORIDA: SECTION 1 : That the City Commission of the City of Margate, Florida, approves a contract and award of Bid No. 2019 CL - 009 for asphalt rejuvenation, to Pavement Technology, Inc. , in an m amount not to exceed $0. 95 per square yard for applications of reclamite asphalt rejuvenation agent or $1. 49 per square yard for > A.R.A.-1 TI pollution-reducing polymerized `L rejuvenating seal. CL W SECTION 2: That this contract shall be awarded under a joint cooperative bid for the cities of Margate, Miami-Gardens, and Plantation, with the City of Margate acting as lead agency. c, SECTION 3: 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. i3 SECTION That this Resolution shall become effective immediately upon its passage. e PASSED, ADOPTED AND APPROVED THIS 21gT day of AUGUST, 2019. ATTEST: S 4. �V�ANA_CJH MAY AN BONY CAGGIANO CITY CLERK RECORD OF V'O' S i tC ne YIN Arserio }ES Schwartz y� Ruzzano Caggiano Packet Pg.389 E.7.b .s CITY OF MARGATE fo—goomr we.mam it i cv N N CONTRACT U_ THIS CONTRACT, made and entered into thiseday of 20� by and 2 between: CITY OF MARL ATE, FLORIDA, a municipal corporation organized and existing under the laws of the State of Florida, 5790 Margate Blvd., Margate, Florida, 33063, (hereinafter referred to as "CITY"); and Pavement Technology, Inc. 24144 Detroit Road, L Westlake, Ohio 44145 (hereinafter referred to as "CONTRACTOR"). WITNESSETH: Q IN CONSIDERATION of the mutual covenants and conditions as herein expressed and of the faithful performance of all such covenants and conditions, the parties do mutually agree as follows: ARTICLE I THE CONTRACT DOCUMENTS i3 The Contract Documents consist of all of the following: Notice Inviting Bid, Instructions to Bidders, Special Conditions, Bid Proposal Form, Schedule of Bid Prices, Information Required of Bidders, Bid Bond, Reference Sheet, Non-Collusive Affidavit, Drug-Free Workplace Form, Performance Bond, and Certificate of Insurance, and which are made a part of this contract, or any additional documents which are required to be submitted under the Contract, and all amendments, modifications and supplements issued on or after the effective date of the Contract. 1 Packet Pg.390 E.7.b ARTICLE 2 SCOPE OF THE WORK CONTRACTOR shall furnish all of the labor, materials, equipment,transportation, supplies, and services necessary to perform all of the work required by the Contract Documents for: BID NO. 2019-009 ASPHALT REJUVENATION PROJECT a ARTICLE 3 N N CONTRACT TIME TIME IS OF THE ESSENCE OF THIS CONTRACT. A purchase order shall be issued by the City. Work shall be performed on an as needed basis and shall be complete within the 2 agreed upon time frame established by the Director of Public Works and the Contractor for each assigned project. Failure to achieve timely, substantial, and/or final completion shall be regarded as a breach of this Contract and subject to appropriate remedies. Contractor shall in accordance with the instructions received from the City, furnish all of the labor, materials, equipment, transportation, supplies and services necessary to perform all asphalt rejuvenation work required as specified by the City of Margate,from the date of this agreement, for a period of two(2)years with an option to renew for three(3) additional one (1) year extensions, providing both parties agree, providing all terms and conditions and specifications remain the same; providing for availability of funding. Rates shall remain fixed and firm for the initial contract term. Rates for any extension options are subject to negotiation, and if adjusted, approved by the City Commission. ARTICLE 4 CONTRACT SUM 0 1. CITY shall pay to CONTRACTOR the amount of$0.95 per square yard for applications with Reclamite asphalt rejuvenation agent or $1.49 per square yard for applications with the offered alternate product A.R.A.-1 TI pollution-reducing polymerized rejuvenating seal for all scheduled work projects upon its determination that the project has been completed. 2. Payment shall be made at the above itemized price for all completed work upon approval by the City. This price shall be full compensation for all costs associated with completion of all the work in full conformity with the requirements as stated or shown, or both in the Contract Documents. 2 Packet Pg.391 E.7.b ARTICLE 5 PAYMENT 1. The CONTRACTOR shall requisition payment for work completed. Payment shall be made as above provided upon full completion of the job as determined by CITY together with properly executed releases of liens by all subcontractors, suppliers and materialmen as maybe required by CITY. CITY shall make payment to CONTRACTOR within 30 calendar days after its approval. 2. CITY may withhold in whole or in part, payment to such extent as may be necessary to protect itself from loss on account of: N a. Defective work not remedied. U- b. Claims filed or unreasonable evidence indicating the probable filing of claims by other parties against the CONTRACTOR. c. Failure of the CONTRACTOR to make payment to subcontractors or suppliers for materials or labor. d. Damage to the CITY or to another contractor not remedied. e. Reasonable evidence that the work cannot be completed for the unpaid balance of the Contract time. f. Reasonable evidence that the work will not be completed within the Contract Time. g. Persistent failure to carry out the work in accordance with the Contract Documents. �i When the above grounds are removed or resolved or the CONTRACTOR provides a surety bond or a consent of surety satisfactory to the CITY which will protect the CITY in the amount withheld, payment may be made in whole or in part. ARTICLE 6 is FINAL PAYMENT E Final payment, constituting the entire unpaid balance of the Contract Sum, shall be paid by the CITY to the CONTRACTOR when all outstanding work has been completed and all controversy regarding the preceding has been settled to the CITY'S satisfaction. 3 Packet Pg.392 E.7.b ARTICLE 7 MISCELLANEOUS PROVISIONS 1. Terms used in this Agreement which are defined in the Special and General Conditions of the Contract shall have the meanings designated in those Conditions. 2. This agreement shall have been deemed to have been executed within the State of Florida. The validity, construction, and effect of this Agreement shall be governed by the laws of the State of Florida. Any claim, objection, or dispute arising out of this Agreement shall be litigated only in the Seventeenth Judicial Circuit in and for Broward County, Florida. N 3. No waiver of any provision, covenant, or condition within this agreement or of the breach of any provision, covenant, or condition within this agreement shall be taken to constitute a waiver of any subsequent breach of such provision, covenant, or condition. CL 4. CONTRACTOR shall not assign or transfer the Contract or its rights, title or interests therein without CITY'S prior written approval. The obligations undertaken by CONTRACTOR pursuant to the Contract shall not be delegated or assigned to any y other person or firm unless CITY shall first consent in writing to the assignment. Violation of the terms of this Paragraph shall constitute a breach of Contract by CONTRACTOR and the CITY may, at its discretion, cancel the Contract and all rights, title and interest of CONTRACTOR shall thereupon cease and terminate. 5. This agreement, and attachments, represents the entire understanding of the parties as to the matters contained herein. No prior oral or written understanding shall be of any force and effect with respect to those matters covered hereunder. This agreement may only be modified by amendment in writing signed by each party. 6. THE PARTIES TO THIS AGREEMENT HEREBY KNOWINGLY, IRREVOCABLY, VOLUNTARILY AND INTENTIONALLY WAIVE ANY RIGHT EITHER MAY HAVE TO A TRIAL BY JURY IN RESPECT TO ANY ACTION, PROCEEDING, LAWSUIT OR COUNTERCLAIM BASED UPON THE CONTRACT,ARISING OUT OF, UNDER,OR IN CONNECTION WITH THE MATTERS TO BE ACCOMPLISHED IN THIS AGREEMENT, OR ANY COURSE OF CONDUCT, COURSE OF DEALING, STATEMENTS (WHETHER VERBAL OR WRITTEN) OR THE ACTIONS OR INACTIONS OF ANY PARTY. 7. SCRUTINIZED COMPANIES: In accordance with s. 287.135, Florida Statutes, as amended, a company is ineligible to, and may not bid on, submit a proposal for, or enter into or renew a contract with an agency or local governmental entity for goods or services if: 4 Packet Pg.393 E.7.b a. Any amount of, at the time of bidding on, submitting a proposal for, or entering into or renewing such contract, the company is on the Scrutinized Companies that Boycott Israel List, created pursuant to s. 215.4725, Florida Statutes, or is engaged in a boycott of Israel; or b. One million dollars or more, if, at the time of bidding on, submitting a proposal for, or entering into or renewing such contract, the company: 1. Is on the Scrutinized Companies with Activities in Sudan List or the Scrutinized Companies with Activities in the Iran Petroleum Energy Sector List, created pursuant to s. 215.73, Florida Statutes; or CD H. Is engaged in business operations in Syria. c. By submitting a bid, proposal or response,the company, principals or owners certify that they are not listed on the Scrutinized Companies that Boycott Israel List, Scrutinized Companies with Activities in Sudan List, Scrutinized Companies with Activities in the Iran Petroleum Energy Sector List, or is engaged in business operations in Syria. y 8. PUBLIC RECORDS: The Contractor shall comply with Florida's Public Records Act, Chapter 119, Florida Statutes, and specifically agrees to: A. Keep and maintain public records required by the City of Margate to perform the service. B. Upon request from the City of Margate's custodian of public records, provide the City of Margate 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. C. Ensure that public records that are exempt or confidential and exempt from public records disclosure requirements are not disclosed except as authorized by law for the duration of the Agreement term and following completion of the Agreement if the Contractor does not transfer the records to the City of Margate. D. Upon completion of the Agreement, transfer, at no cost, to the 5 Packet Pg.394 . E.7.b City of Margate all public records in possession of the Contractor or keep and maintain public records required by the City of Margate to perform the service. If the Contractor transfers all public records to the City of Margate upon completion of the Agreement, 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 records upon completion of the Agreement, the Contractor shall meet all applicable requirements for retaining public records.All records stored electronically must be provided to the City of Margate, upon request from the City of Margate's custodian of public N records, in a format that is compatible with the information N technology systems of the City of Margate. E. IF THE CONTRACTOR HAS QUESTIONS . REGARDING THE APPLICATION OF CHAPTER 119, FLORIDA STATUTES, TO THE CONTRACTOR'S DUTY TO PROVIDE PUBLIC RECORDS RELATING TO THIS CONTRACT, CONTACT THE CUSTODIAN OF PUBLIC RECORDS AT: Telephone number: (954) 954-972-6454 E-mail address: recordsmanagement@margatefl.com Mailing address: 5790 Margate Boulevard Margate, FL 33063 �a 6 Packet Pg.395 E.7.b IN WITNESSETH WHEREOF,CITY and CONTRACTOR have signed this Contract in duplicate. One counterpart each has been delivered to CITY and CONTRACTOR. All portions of the Contract Documents have been signed or identified by CITY and CONTRACTOR. IN WITNESS WHEREOF, the parties have hereunto set their hands and seals the day and year first above written. CITY OF MARGATE N r Ari on Caggi , Mayor Cale Curtis, City Manager CL day of 20f 4 ay ofi , 20 ATTEST: APPROVED AS TO FORM: pCity' q. ity Attorney �7 day of avian ,0- , 20 rf 1 eday of h„ c i3 7 Packet Pg.396 E.7.b f FOR CONTRACTOR FOR CORPORATION; N resident u- ih G day of U_gU_Pt 20 (CORPORATE SEAL) Secretary E day of A kA !+ 20— W c AGREEMENT BETWEEN CITY OF MARGATE AND CONTRACTOR FOR THE PROPOSED ASPHALT REJUVENATION PROJECT BID NO. 2019-009 i3 8 Packet Pg.397