HomeMy WebLinkAbout05/21/2025 Agreement GVS COURTq°
o: A Kevin Madok, CPA
-
�o ........ � Clerk of the Circuit Court& Comptroller Monroe County, Florida
�z cooN
DATE: May 29, 2025
TO: Judith Clarke, PE, Director
Engineering/Roads & Bridges
Tyler Jackson, Project Manager
Engineering/Roads & Bridges
ATTN: Samantha Yeoman
Executive Assistant
FROM: Liz Yongue, Deputy Clerk
SUBJECT: May 21, 2025 BOCC Meeting
The following item has been executed and added to the record:
C16 Agreement with Pavement Technology, Inc. in the not to exceed amount of
$249,143.84 for application of Reclamite Asphalt Rejuvenation Agent roads on Sugarloaf Key
and Cudjoe Key to extend the life of the asphalt. This contract is being procured utilizing
competitively bid pricing under a joint cooperative bid for City of Plantation. The contract price
is $1.21 per square yard of pavement treated.
Should you have any questions please feel free to contact me at(305) 292-3550.
cc: County Attorney
Finance
File
KEY WEST MARATHON PLANTATION KEY
500 Whitehead Street 3117 Overseas Highway 88770 Overseas Highway
Key West, Florida 33040 Marathon, Florida 33050 Plantation Key, Florida 33070
Pavement Preservation Project
Standard Form of Agreement
Between Owner and Contractor
Where the basis ofpayment is a STIPULATED SUM
AGREEMENT
Made as of the 21st day of May in the year of Two Thousand and Twenty-Five.
BETWEEN the Owner: Monroe County Board of County Commissioners ("BOCC")
1100 Simonton Street
Key West, Florida 33040 ("Owner")
And the Contractor: Pavement Technology Inc..
24144 Detroit Road
Westlake, Ohio 44145 ("Contractor")
For the following Project Pavement Preservation Project
Various Locations
Monroe County, Florida ("Project")
The Owner and Contractor agree as set forth below.
ARTICLE 1
The Contract Documents
The Contract Documents consist of this Agreement, County Forms (Ethics Clause; Non-Collusion
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
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 for the City of Plantation under Agreement No. 072-22
Asphalt Rejuvenation Project
Notice Requirement
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Pavement Preservation Project
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:
Ms. Judith Clarke, P.E.
Director of Engineering Services
Monroe County
1100 Simonton Street, Room 2-216
Key West, Florida 33040
For the Contractor:
Chris Evers
Pavement Technology Inc.
2144 Detroit Road
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 Proiect.
ARTICLE 3
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
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
60 Days after the Date of Commencement, subject to adjustments of the Contract Time as provided by
the Contract Document.
Uncontrollable Circumstance
3.3 Any delay or failure of either Party to perforin 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 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 perforin, changes in cost or
availability of materials, components, or services, market conditions, or supplier actions or contract
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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
determine.
ARTICLE 4
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 $1.21 per Square Yard of
asphalt pavement treated, for a total not to exceed amount of Two Hundred, Fourty-Nine
Thousand, One Hundred, Forty three Dollars and Eighty-Four Cents ($249,143.84)
("Contract Sum") subject to additions and deductions as provided in the Contract Documents.
ARTICLE 5
Progress Payments
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.
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
Statutes.
5.4 Each Invoice for Payment shall be based upon the Rate of $1.21 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.
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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
5.6.3 Subtract amounts, if any, for which the Owner has withheld or nullified a Certificate for
Payment.
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.
ARTICLE 6
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
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.
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
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The Insurance requirements are as follows:
Insurance Requirement Limits
Worker's Compensation Statutory Limits
Employer's Liability WC3 $1,000,000/$1,000,000/$1,000,000
General Liability GL3 $ 1,000,000 Combined Single Limit
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
$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
state of Florida.
ARTICLE 8
Miscellaneous Provisions
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
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
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.
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.
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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,
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:
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
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
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
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
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
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
also conduct verifications such as,but not limited to, counting employees at the job site,
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
confirmations with employees, Subcontractors, suppliers, and contractors'
representatives. All records shall be kept for seven (7)years after Final Completion.
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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.
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
Agreement would prevent the accomplishment of the original intent of this Agreement.
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 parry relative
to the enforcement or interpretation of this Agreement, the prevailing parry shall be
entitled to reasonable attorney's fees and court costs, as an award against the non-
prevailing parry, 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
procedures required by the circuit court of Monroe County.
f) Binding Effect: 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
representatives, successors, and assigns.
g) Authority: Each parry represents and warrants to the other that the execution, delivery
and performance of this Agreement have been duly authorized by all necessary County
and corporate action, as required by law.
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 parry.
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 parry, effective the date of the
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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
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 II, which prohibits discrimination on the basis of race, color, sex,
religion, national origin, ancestry, sexual orientation, gender identity or expression,
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.
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.
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
relationship; and disclosure or use of certain information.
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
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.
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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 parry, be entitled to
reimbursement of all attorney's fees and costs associated with that proceeding. This
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:
(1) Keep and maintain public records that would be required by the County to perform the service.
(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
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
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.
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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 COUNTY'S CUSTODIAN OF PUBLIC RECORDS AT MONROE COUNTY
ATTORNEY'S OFFICE, 1111 12TH STREET, SUITE 408 KEY WEST, FL 33040
EMAIL: PUBLICRECORDSna MONROECOUNTY-FL.GOV OR PHONE#
(305)292-3470
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
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,
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
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.
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 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 group
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.
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
individual capacity, and no member, officer, agent or employee of Monroe County shall be liable
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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
such counterpart.
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.
v) Special Conditions: Any special conditions are detailed in Article 10.
w) Hold Harmless and Indemnification: Notwithstanding any minimum insurance
requirements prescribed elsewhere in this agreement, the Contractor covenants and agrees that he shall
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,
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 parry 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
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.
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 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
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
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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.
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
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
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
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.
8.7 No third-Party Beneficiaries: Nothing contained herein shall create any relationship,
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
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
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
4/15/25 CONTRACT DOCUMENTS 12
Pavement Preservation Project
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.
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
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
subcontractor does not employ, contract with, or subcontract with an unauthorized alien. The Contractor
shall comply with and be subject to the provisions of F.S. 448.095
ARTICLE 9
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 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
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
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,
4/15/25 CONTRACT DOCUMENTS 13
Pavement Preservation Project
equipment, machinery and surplus materials. Clean up shall be performed to the satisfaction of the
Owner.
10.2 Access to Work
10.2.1 The Contractor shall provide the Owner's Representative and the Owner access to the Work in
preparation and progress wherever located.
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
the County right-of-way. Contractor will conduct work in a manner that minimizes the amount of
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
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.
10.4.2 All traffic control signs and devices, barricades, flashers, flambeaus and similar devices shall be
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.
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,
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
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
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.
4/15/25 CONTRACT DOCUMENTS 14
Pavement Preservation Project
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.
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.
ARTICLE 11
PROTECTION OF PERSONS AND PROPERTY
11.1 Safety Precautions and Programs
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-
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 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
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
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.
4/15/25 CONTRACT DOCUMENTS 15
Pavement Preservation Project
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
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
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
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.
IN WITNESS WHEREOF the parties hereto have executed this Agreement on the day and date: irst.
written above in counterparts;.each of which shall, without proof or accounting for the other
counterparts, be deemed an original contract.
h
ONERS
,,�xr7������: ��`)�`��"�e�?,��4� _ . BOARD�OF: �COUNTY COMMISSIONERS
,., �, ..KE' I MAD OK, Clerk OF 11IONROE COUNTY,FLORIDA':
r� ;f -Attest:��,.
1
1,0,„,,,',,-,:.;:'\
i ns � Cr (i T l •� � .sue.-�. - -
::,di
Vi<
Ilk
,,,,,„:,,,,I 6,;,:ri,.-6,,,,,,-,,,,-...:, \----,:,,,'011,..,0 , , % 1,„ Aiii.,,, .- ,f#, . . '
,wr:_�,By_. Yc;:,s�� -� - L''W"4°TBy t• s ' '
^},,,�� U 4y9 '�As�,De.0u Clerk ►r..ayor .w, 7
::::;, ,,,,,,,,T,!,8.!:.:?4,-;-...",,,
Date e- "I w
._:::.;:111....,:7) 33.=, c3risl
riu v 1
TechnologyL ram,
(SEAL) Pavement. Inc. .
Attest: `°
ip
'Ay' i :11- . tu: k
Susan.Dura:nte John Schl:eg 1, : `. Ci
Title: Secretary/Treasurer Title: Vice Pre ident
w
,,..,,,,:: ,.-
- MONROE COUNTY ATTORNEY
APPROVED AS TO FORM
CHRISTINE LIMBERT-BARROWS
SR',ASSISTANT Q.10 ATTORNEY
n DATE: U/ ,,,,
4/'15/25 CONTRACT DOCUMENTS I
Pavement Preservation Project
Attachment A
Scope of Work
4/15/25 CONTRACT DOCUMENTS 17
Pavement Preservation Project
Pavement
Technology,
Inc.
24144 Detroit Rd.
Westlake, Ohio 44145
Phone: 800-333-6309 440-892-1895
Fax: 440-892-0953
March 27, 2025
Ms. Judith S. Clarke,P.E.
Director of Engineering Services
Monroe County
1100 Simonton Street
Key West, FL 33040
Dear Ms. Clarke:
We are pleased to offer our revised proposal to apply Reclamite®asphalt rejuvenator to the streets listed below.
Square
Street From To Yards Amount
Holly Lane South Point Drive Dead End 876 $1,059.96
West Point Drive South Point Drive 80ft off dead end 929 $1,124.09
Croton Court South Point Drive Dead End 407 $492.47
Banyan Lane South Point Drive Dead End 620 $750.20
Cypress Road South Point Drive Dead End 3,379 $4,088.59
South Point Drive U.S. 1 East Point Drive 5,964 $7,216.44
Cedar Lane Cypress Road Dead End 1,009 $1,220.89
Bamboo Court East Point Drive Dead End 278 $336.38
Dogwood Lane East Point Drive Dead End 928 $1,122.88
East Point Drive South Point Drive Dead End 1,875 $2,268.75
Tamarind Road South Point Drive Dead End 2,671 $3,231.91
Bonita Lane East Sugarloaf Boulevard Dead End 518 $626.78
Bonefish Lane West Sugarloaf Boulevard Dead End 1,633 $1,975.93
Wahoo Lane Sugarloaf Boulevard Dead End 1,842 $2,228.82
Bonefish Lane East Sugarloaf Boulevard Dead End 507 $613.47
Venetian Wa Shore Drive Dead End 2,802 $3,390.42
Starfish Lane East Sugarloaf Boulevard Dead End 682 $825.22
Shore Lane Shore Drive Dead End 1,162 $1,406.02
Sugarloaf Drive Sugarloaf Blvd. Sugarloaf Blvd 3,040 $3,678.40
Snapper Lane Su arloaf Boulevard Dead End 858 $1,038.18
Ambe 'ack Lane Su arloaf Boulevard Dead End 1,802 $2,180.42
4/15/25 CONTRACT DOCUMENTS 18
Pavement Preservation Project
Starfish Lane West Sugarloaf Boulevard Dead End 1,647 $1,992.87
Sugarloaf Drive Sugarloaf Boulevard Sugarloaf Blvd 1,283 $1,552.43
Kin fish Lane West Sugarloaf Boulevard Dead End 2,073 $2,508.33
Driftwood Lane Sugarloaf Boulevard Dead End 1,407 $1,702.47
Flying Fish Lane Sugarloaf Boulevard Dead End 1,627 $1,968.67
Green Turtle Lane East Sugarloaf Boulevard Dead End 540 $653.40
Green Turtle Lane West Sugarloaf Boulevard Dead End 1,618 $1,957.78
Kin fish Lane East Sugarloaf Boulevard Dead End 681 $824.01
Bonita Lane West Sugarloaf Boulevard Dead End 1,847 $2,234.87
Shore Drive Sugarloaf Boulevard Dead End 2,233 $2,701.93
Angelfish Lane Sugarloaf Boulevard Dead End 525 $635.25
Sea ra e Lane Sugarloaf Boulevard Dead End 1,765 $2,135.65
Dolphin Street East Sugarloaf Boulevard Dead End 1,698 $2,054.58
Dolphin Street West Sugarloaf Boulevard Dead End 714 $863.94
Hibiscus Lane Sugarloaf Boulevard Dead End 1,061 $1,283.81
Buttonwood Drive West Sugarloaf Boulevard Dead End 1,127 $1,363.67
La Brisa Court Sugarloaf Boulevard Dead End 802 $970.42
La Brisa Lane Sugarloaf Boulevard Dead End 1,673 $2,024.33
Marlin Drive Sugarloaf Boulevard Dead End 2,569 $3,108.49
Oleander Lane Sugarloaf Boulevard Dead End 1,313 $1,588.73
Pinetree Lane Oleander Lane Dead End 396 $479.16
Cobia Court Sugarloaf Boulevard Dead End 538 $650.98
Buttonwood Drive East Sugarloaf Boulevard Dead End 2,160 $2,613.60
Keystone Road Sugarloaf Boulevard Dead End 1,907 $2,307.47
Allamanda Drive West Sugarloaf Boulevard Dead End 1,931 $2,336.51
Coral Court Sugarloaf Boulevard Dead End 338 $408.98
Coral Drive Sugarloaf Boulevard Dead End 2,257 $2,730.97
Allamanda Drive Sugarloaf Boulevard Dead End 3,260 $3,944.60
Jamaica Lane Sugarloaf Boulevard Dead End 2,822 $3,414.62
Sugarloaf Blvd. U.S. 1 Ca men 28,000 $33,880.00
Old State Route 4A U.S. 1 End of Fence 2/3 of way down 3,602 $4,358.42
Crane Boulevard U.S. 1 Dead End 15,573 $18,843.33
Hawksbill Lane Crane Boulevard Dead End 3,922 $4,745.62
Loggerhead Lane Crane Boulevard Dead End 3,015 $3,648.15
Flamingo Road Johnson Road Dead End 477 $577.17
Date Palm Drive Crane Boulevard Dead End 4,278 $5,176.38
Canal Drive Crane Boulevard Dead End 6,600 $7,986.00
Caloosa Street Crane Boulevard Dead End 2,864 $3,465.44
Aztec Street Cherokee Street Indian Mound Drive 1,816 $2,197.36
Frazier Lane Flamingo Road Dead end 180 $217.80
Adams Road U.S. 1 Dead End 944 $1,142.24
Apache Street Cherokee Street Indian Mound Drive 480 $580.80
4/15/25 CONTRACT DOCUMENTS 19
Pavement Preservation Project
Navajo Street Cherokee Street Indian Mound Drive 1,107 $1,339.47
Cherokee Street Seminole Street Indian Mound Drive 2,422 $2,930.62
Seminole Street Crane Boulevard Dead End 2,860 $3,460.60
Mayan Street Cherokee Street Indian Mound Drive 1,304 $1,577.84
Kings Row State Road 4A Bow Road 932 $1,127.72
Indian Mound Drive Cherokee Street Aztec Street 2,789 $3,374.69
Te uesta Street Crane Boulevard Dead End 2,922 $3,535.62
Johnson Road U.S. 1 Dead End 3,578 $4,329.38
Eighth Ave West Drost Drive Dead End 2,444 $2,957.24
Fifth Avenue West Drost Drive Dead End 3,203 $3,875.63
Sixth Avenue West Drost Drive Dead End 2,902 $3,511.42
Seventh Avenue West Drost Drive Dead End 2,664 $3,223.44
Fourth Avenue West Drost Drive Dead End 2,410 $2,916.10
Second Avenue West Drost Drive Dead End 3,543 $4,287.03
Pattison Drive Drost Drive Dead end 1,933 $2,338.93
Drost Drive U.S. 1 Pattison Drive 8,078 $9,774.38
Fifth Avenue Drost Drive Dead End 1,271 $1,537.91
Pattison Drive Drost Drive/Hamilton Drive Dead End 678 $820.38
Ninth Avenue West Drost Drive Seminole Drive 2,191 $2,651.11
Navajo Drive Ninth Avenue West Dead End 433 $523.93
Fourth Avenue Drost Drive Dead End 1,260 $1,524.60
Third Avenue Drost Drive Dead End 1,199 $1,450.79
Second Avenue Drost Drive Dead End 1,281 $1,550.01
Sixth Avenue Drost Drive Dead End 1,259 $1,523.39
Seventh Avenue Drost Drive Dead End 1,256 $1,519.76
Seminole Drive Ninth Avenue West Dead End 640 $774.40
Total 205,904 $249,143.84
Our price is inclusive of traffic control,notification of residents and all labor and material necessary to complete
the work in accordance with The City of Plantation contract specifications.
Actual field measurements will determine final quantities.
Thank you for your continued interest in pavement preservation with Reclamite®.
Sincerely,
Chris Evers
4/15/25 CONTRACT DOCUMENTS 20
Pavement Preservation Project
County Forms
4/15/25 CONTRACT DOCUMENTS 21
Pavement Preservation Prolecl
NON-COLLUSION AFFIDAVIT
Susan Durante ...............__ .. ortl1c city of Westlake, OH according to law on my oath,and under
penalty Of perjury, depose and say that;
I an, Secretary/Treasurer of the firrn of
....................
Pavement Technology,Inc. the bidder making the Proposal for the project
described in the Request for Competitive Solicitations for:
Pavement Preservation Project
Monroe County, Florida
and that I executed the said proposal with full authority to do so;
2.) the prices in this bid have been arrived at independently without collusion, consultation,
C0111111LInication or agreement for the purpose of restricting competition, as to any matter relating
to Such process with any other bidder or with any competitor;
3.) 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 disclosed by the bidder and will not
be knowingly disclosed by the bidder prior to bid opening, directly or indirectly, to any other
bidder or to any competitor; and
4.) 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;
5.) the statements contained in this affidavit are true and correct, and made with full knowledge that
Monroe County relies upon the truth of' the statements contained in this affidavit in awarding
"_)'ontracts for said project.
ppp
512125
(SIgnatUre of Bidder) (Date)
zS 41g I
STATE OF. Ohio
COUNTY OF: Cuyahoga
Subscribed and sworn to (or affirmed) before me, by rneans of 0 physical presence or El online
notarization, on 5/2/25 .(date)
Susan Durante (name of affiant). He :"he is personall known to me r has
produced ...... ... (type ofidentification) as
identification.
NOTARY P1JBl_X
My cornmission expires: Eftabeth Mielcusny
Ndaq_P_ubk,SL,ta.owhio
COMAN11on EOms:February 27,20310
4/15/25 CON 1"RAC T DOCUMENTS 22
Pavement Prescryalion Project
LOBBYING AND CONFLICT OF INTEREST CI,AUSE
SWORN STATEMENT UNDER ORDINANCE NO. 010-1990
MONROE COUNTY, FtORIDA
Pavement Technology, Inc.
..................
(Company)
warrants that it has not employed, retained or otherwise had act on its behalf any former COLInty officer or
employee subject to the prohibition 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 this contract without liability and may also, in its discretion, deduct fi-0111 the contract of,
purchase price, or otherwise recover, le full arnount of any tee, commission, percentage, gilt, or consideration
paid to the former County officer or n loyce"',11---
5/2/25
(Date)
(IS griatur
STATE OF: Ohio
COUNTY OF: Cuyahoga
Subscribed and sworn to (or affirmed) before me, by means of 0 physical presence or El
online notarization, on 5/2/25 (date)
by Susan Durante (name of affiant). He he is persona-Hy],
known to me cl has produced (type of identification) as
identification.
NOTARY PUBLIC ri
My Commission Expires:
Efiz"h Mielou"
Nowy PuNio,State d obio
CwPlissim&PWO:Februaq 27,20-Z(-)
NOTARY PUBLIC
My commission expires:
4/15/25 CONTRACTIDOCUMEN'I'S 23
Pavement 11reservation Project
DRUG-FREE WORKPLACE FORM
'rhe undersigned Contractor in accordance with Fl. Statute 287.087 hereby certifies that:
Pavement Technology, Inc.
...................
(Name of Business)
I Publish a statement notifying employees that the unlawful manufacture, distribution, dispensing,
Possession, Or use of a controlled Substance is prohibited in the workplace and specifying the actions that
will be taken against employees for violations of such prohibition.
2. Inform such employees about the dangers- of drug abuse in the workplace, the business's policy of
maintaining a drug-free workplace, any available drug counseling, rehabilitation, and employee assistance
programs, and file penalties that may be imposed upon employees for drUg abuse violations.
3. (live each employee engaged in providing the commodities or contractual services that are Linder bid a
copy of the statement specified ill subsection (1).
4. In the statement specified ill Subsection (1), notify the employees that, as a condition of working on the
commodities or contractual services that are under bid, the employees 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 ol'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 assistance or rellabilitation
program il'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 workplace through implementation of this
section.
As a person authorized to sign the statement, I certify that this firm cctnplies fully with the above requirements.
STATE OF:Ohio
COUN'"I'Y OF: Cuyahoga
...........
Subscribed and sworn to (or affirmed) before me, by means of 0 physical presence or 0 online notarization, on
5/2/25........... (date) by Susan Durante (narne of affiant).
HIShe is Personally known tci rite or has produced (type of
identification)as identification.
NOTARY IN
Elizabeth Miulcusny
My Commission Expires: Notary Public,State 01 Ohio
W mart&pires:Febway 2 7,
4/15/25 CONTRACT' IDOCUMENTS 24
Pavement Preservation Pmj�
PUBLIC ENTITY CRIME STATEMENT
"A person or affiliate who has been placed on the convicted vendor list rollowing 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 CONTItACTOR
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, Florida Statutes, for CATEGOIZ.YTWO
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 Pavement Technology, Inc.
(Proposer's name)
11ot y Affilia as been placed on the convicted vendor list within the last 36 months.
.................. 5/2/25
(�ignature) (Date)
STATE OF: Ohio
COUNTY OF:Cuyahoga
Subscribed and sworn to (or affirmed) before me, by means of 0 physical presence or 0 online notarization,
oil the 2nd day of MaY 2025, by
.............
Susan Durante (name of aftiant). Hf7e is versonally 7nown to=717 )r
has produced (type of identification) as
identification.
Efizabeth MWOU"
Ndtgq puWc,State of Ohio
My Commission Expires:. My Co"pf"im Expires.Febngq 2'7,20-2
L
NOT Al�.Y PUBLK
4/15/25 CONTRACT DOCUMENTS 25
Pavement 11rcservation Project
VENDOR CERTIFICATION RMARDING SCRUTINIZED COMPANIES LISTS
Project Description(s):Pavement Preservation Project
Respondent Vendor Name: Pavement Technology, Inc.
.............. ..........................
34-1108308
Vendor FEIN.
Vendor's Authorized Representative Name and Title. Susan Durante, Secretary/Treasurer
Address: 24144 Detroit Rd.
City: Westlake Sate, OH lip:
44145
440-892-1895
Phone Number.
Ernail Address: dcancelliere@pavetechinc.com
Section 287.135, Florida Statutes prohibits a company from bidding oil, submitting a proposal for, or
entering into or renewing a contract f'()r 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 2 15.4725, 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 oil either the Scrutinized
Companies with Activities in Sudan List or the Scrutinized Companies with Activities in the Iran
Petroleum Energy Sector [Jsts 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 ol.'Despondent, I hereby certify that the company identified
above in tile Section entitled "Respondent Vendor Name" is not listed oil the Scrutinized Companies
that Boycott Israel List or engaged in a boycott of Israel and for prqjjects of$1,000,000 or more is not
listed oil either the Scrutinized Companies with Activities in Sudan List, the Scrutinized Companies
with Activities in the It-an Petroleum Energy Sector List, or engaged in business operations in Cuba or
Syria.
I understand that pursuant to Section 287.135, Florida Statutes, the submission o4'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 tile County, it"the company is found to
have submitted a false certification or has been placed oil the Scrutinized Companies that Boycott Israel
List or engaged in a boycott of Israel or placed on the Scrutinized Companies with Activities ill 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: Susan Durante,,,, who is
authorized to sign on beh 7 H'okhe 0' e referenced company.
'n 'of
Authorized Signature�,
Print Name: Susan Duilrnte?
TitI.:Secretary/Treasurer
Note. The List are available at the following Department of Management Services Site:
...
Sul
.......... ....
q: kiints y(m(jor lisis,
4/15/25 CONTRACT DOC UMENTS 26
flavement 11roservation Project
AFFIDAVIT ATTESTING TO NONCOERCIVE CONDUCT
FOR LABOR OR SERVICES
Entity/Vendor Name: Pavement Technology, Inc,
Vendor 1 111N. 34-1108308
Vendor's Authorized Representative: ,Susan Durante, Secretary/Treasurer
Name and Title)
Address: 24144 Detroit Rd.
City: Westlake--' State: OH Zip: 44145
Phone Number: 440-892-1895
1--'rnail Address. dcancelliere@pavetechinc,com
,As a nongovernmental entity executing, renewing, or extending a contract with a government entity,
Vendor is required to provide an affidavit under penalty of perjury attesting that Vendor does not use
coercion for labor or services in accordance with Section 787.06, 1,lorida Statutes.
As defined in Section 787.06(2)(a), coercion means:
1. Using or threating to use physical 1�brce against any person;
2. Restraining, isolating, or confining or threating to restrain, isolate, or confine any person without
lawful authority and against her or his will;
3. Using lending or other credit methods to establish a debt by any person when labor or services
are pledged as a security for the debt, if the value of the labor or services as reasonably
assessed is not applied toward the liquidation ofthe debt, the length and nature of the labor or
service are not respectively limited and defined;
4. Destroying, concealing, removing, confiscating, withholding, or possessing any actual or
purported passport, visa, or other immigration document, or any other actual or Purported
government identification document, ofany person;
5. CaLlSing or threating to cause financial harm to any person;
6. Enticing or luring any pet-son by fraud or deceit; or
7. Providing a controlled substance as outlined in Schedule I or Schedule 11 of Section 893.03 to
any person for the purpose of exploitation ofthat person.
As a person authorized to sign on behalf of Vendor, I certify under penalties of perjury that Vendor does
not use coercion for labor or services in accordance with Section 787.06. Additionally, Vendor has
reviewed Section 787.06, Florida Statutes, and agrees to abide by same.
Certified By: Susan Durante who is
authorized to sign on beh o � ove referenced company.
I- �V/A
Authorized Signature: 4t,,tli a
Print Name:Susan Durant6
-l'itle:Secretary/Treasurer
4/15/25 Cat N'1'1ZAC'1'f)0CUME1NTS 27
Pavement Preservation ervation 11roic^et
is
Minc.ari Owned Business Declaration
Pavement Technology, Inc. a sub-contractor engaged by Monroe County during the
completion of work associated with the below indicated protect.
(Cheep cane)
is a minority business enterprise, as defined in Section 2€8.703. Florida Statutes
cat•
is not a minority business enterprise, as defined in Section 288.703, Florida Statutes.
F.S.288.703(3) *'Minority business enterprise"'means any small business concern as defined in subsection(6)(see below)
which is organized to engage in commercial transactions,which is domiciled in Florida,and which is at least 51-percent-
owned by minority personas who are members of an insular group that is ofa particular racial,ethnic,or gender-makeup or
national origin,which has been subjected historically to disparate treatment clue to iderntification in and with that group
resulting in an tnnnderrepresentationn of commercial enterprises under the groups control,and whose management and daily
operations are controlled by suuch personas. A minority business enterprise may primarily involve the practice of as profession.
Ownership by a minority person sloes not include ownership which is the result of transfer fi-om a nonnninority person to as
minority person within a related immediate family group ifthe combined total net asset value of all nanernbers ot'such family
group exceeds$1 million.For purposes ofthis subsection,the term"related immediate Family group"means one,or more.
Children Lander 16 years of age and a parent of stitch children or the spouse of such parent residing in the same house or living
unit..
F.S 288.703(6)"Small business"means an independently owned and operated business concern that employs 200 or fewer
permanent full-time employees and that,together with its affiliates, has a net worth ol"not more than$5 million or any firm
based in this state which has a Scmall Business Administration 8(a)certification. As applicable to sole proprietorships,the S5
million net worth requirement shall include both personal and business investments.
Contractor may refer to F.S. 288.703 for more information.
Co _ actor
1
Date:512/25 � �_.._..._....._._..__
Signature
Print Name: Susan Durante
Title:Secretary/Treasurer
.Address:24144 Detroit Rd.
City/State/Gip Westlake, OH 44145
For Monroe County Verification:
Title/CME3 l elaartuatent _
Verified via: ht:t s: osd dms.m florida.com directories
4/15/25 CONTRACT I)OCUMENTS 28
75/2/2025
E(MM/DD/YYYY)
A�" CERTIFICATE OF LIABILITY INSURANCE
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 CONTACT
NAME: Frances Lyons
McGowan &Company, Inc. PHONE FAX
20595 Lorain Rd A/C No Ext: 440.895.4359 A/C,No):440-333-3214
E-MFairview Park OH 44126 ADDRESS: flyons@mcgowaninsurance.com
INSURER(S)AFFORDING COVERAGE NAIC#
wsURERA:Travelers Property Casualty Co of America 36161
INSURED PAVETEC-01 INSURERB: Phoenix Insurance Company 25623
Pavement Technology, Inc
24144 Detroit Rd INSURERC:
Westlake OH 44145 INSURER D
INSURER E
INSURER F:
COVERAGES CERTIFICATE NUMBER:1158510182 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
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,
EXCLUSIONS AND CONDITIONS OF SUCH POLICIES.LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS.
INSR TYPE OF INSURANCE ADDL SUBR POLICY EFF POLICY EXP LIMITS
LTR INSD WVD POLICY NUMBER MM/DD MM/DD
A X COMMERCIAL GENERAL LIABILITY Y Y C0324N6425 3/1/2025 3/1/2026 EACH OCCURRENCE $1,000,000
CLAIMS-MADE OCCUR DAMAGE TO RENTED
PREMISES Ea occurrence $500,000
MED EXP(Any one person) $10,000
PERSONAL&ADV INJURY $1,000,000
GEN'L AGGREGATE LIMIT APPLIES PER: GENERAL AGGREGATE $2,000,000
POLICY� PE� LOC PRODUCTS-COMP/OP AGG $2,000,000
OTHER: $
B AUTOMOBILE LIABILITY Y Y 81081-678293 3/1/2025 3/1/2026 COMBINED SINGLE LIMIT $1,000,000
Ea accident
X ANY AUTO BODILY INJURY(Per person) $
OWNED SCHEDULED BODILY INJURY(Per accident) $
AUTOS ONLY AUTOS
X HIRED X NON-OWNED PROPERTY DAMAGE $
AUTOS ONLY AUTOS ONLY Per accident
A X UMBRELLALIAB X OCCUR Y Y CUP2J391570 3/1/2025 3/1/2026 EACH OCCURRENCE $5,000,000
EXCESS LAB CLAIMS-MADE AGGREGATE $5,000,000
DED X RETENTION$1 n nnn $
A WORKERS COMPENSATION Y UBOK349145 3/1/2025 3/1/2026 X PER OTH-
AND EMPLOYERS'LIABILITY Y/N STATUTE ER
ANYPROPRIETOR/PARTNER/EXECUTIVE E.L.EACH ACCIDENT $1,000,000
OFFICE R/M EMBER EXCLUDED? ❑ N/A
(Mandatory in NH) E.L.DISEASE-EA EMPLOYEE $1,000,000
If yes,describe under
DESCRIPTION OF OPERATIONS below E.L.DISEASE-POLICY LIMIT $1,000,000
DESCRIPTION OF OPERATIONS/LOCATIONS/VEHICLES (ACORD 101,Additional Remarks Schedule,maybe attached if more space is required)
Project:2024 Pavement Preservation Project(10271)
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 of premium,30 day notice for all other reasons applies.
APPROVED BY RISK MANAGEMENT
XCU Endorsement Under contract s.7.2 is BY 04
waived by Risk due to type of work to be DATE 05.06.25
X
WAIVE',R N!A YES
CERTIFICATE HOLDER performed 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
q.e.
@ 1988-2015 ACORD CORPORATION. All rights reserved.
ACORD 25(2016103) The ACORD name and logo are registered marks of ACORD
Pavement
Technology,
Inc.
24144 Detroit Rd.
Westlake, Ohio 44145
Phone: 800-333-6309 440-892-1895
Fax: 440-892-0953
RESOLUTIONCOREORATE
Pavement Technology, Inc.
I hereby certify that I am the Founder and President of PavementTechnology,
Inc., a corporation duly organized and existing under the laws of the State of Ohio;
that on this 2"d day of January, 2007, the board of directors of said Corporation
authorized and approved the Secretary/Treasurer of said corporation to execute any
proposals and contracts for and in behalf of said corporation; that said authority is not
contrary to any provision in the articles of incorporation or code of regulations or code
of bylaws of said corporation; that said authority has not been rescinded or modified
and that Susan J. Durante is the duly elected and acting Secretary/Treasurer of said
corporation.
IN WITNESS WHEREOF, I have hereunto subscribed my name on this 2nd day of
January, 2007.
ion Durant i °e ident
CORPORATE RESOLUTION
Pavement Technology, Inc.
I hereby certify that I am the duly elected and acting Secretary of Pavement
Technology, Inc., a corporation duly organized and existing under the laws of the
State of Ohio; that on this 2nd day of January, 2007, the board of directors of said
Corporation authorized and approved the Vice President of said corporation to
execute any proposals and contracts for and in behalf of said corporation; that said
authority is not contrary to any provision in the articles of incorporation or code of
regulations or code of bylaws of said corporation; that said authority has not been
rescinded or modified and that John J. Schlegel is the duly elected and acting Vice
President of said corporation.
IN WITNESS WHEREOF, I have hereunto subscribed my name on this 2nd day of
January, 2007.
Susan J. Dura n ecretary/Treasurer