HomeMy WebLinkAbout2020 05 11 Consent 302 - Amendment for FY19-20 Asphalt Street Resurfacing • CONSENT AGENDA ITEM 302
noora=a CITY COMMISSION AGENDA I MAY11, 2020
1959
REGULAR MEETING
TITLE
Amendment for FY19-20 Asphalt Street Resurfacing
SUMMARY
Regular Agenda Item S01 from the March 9, 2020 City Commission meeting
(Attachment 1) authorized a total of $1,319,203.87 to Middlesex Paving, LLC for
Asphalt Resurfacing of city streets. An additional $100,000 is requested to
complete the FY19-20 Street Resurfacing program. This additional funding will
allow staff to expand the approved Paving Plan to include milling and resurfacing
of Frank Street, Leopard Trail, and a portion of Winter Springs Blvd (intersection of
Glen Eagle Dr.) that is experiencing pavement deterioration.
A total of $1.SM was budgeted for the FY19-20 Street Resurfacing program. This
amendment is proposed to befunded bythe Infrastructure Surtax Fund (One-Cent
Sales Tax - 3rd Generation) and brings the total project authorization to
$1,419,203.87.
RECOMMENDATION
Staff recommends the City Commission authorize additional funding in the
amount of $100,000 to Middlesex Paving, LLC to complete the FY19-20 Street
Resurfacing program.
Attachment 1
CITY COMMISSION
Incorporated REGULAR MEETING AGENDA
1959
MONDAY, MARCH 9, 2020 AT 6:30 PM
CITY HALL- COMMISSION CHAMBERS
1126 EAST STATE ROAD 434, WINTER SPRINGS, FLORIDA
CALL TO ORDER
Roll Call
Invocation
Pledge of Allegiance
Agenda Changes
AWARDS AND PRESENTATIONS
100. Not Used
INFORMATIONAL AGENDA
200. Current Community Development Projects Summary
Attachments: None
201. Florida SeeSay Crime Tip Application
Attachments: Application Dashboard and Icon
PUBLIC INPUT
Anyone who wishes to speak during Public Input on any Agenda Item or subject matter will need to fill out a
"Public Input"form. Individuals will limit their comments to three (3)minutes, and representatives of groups
or homeowners'associations shall limit their comments to five (5) minutes, unless otherwise determined by
the City Commission.
CONSENT AGENDA
300. Su rplus Assets
Attachments., Surplus Asset List
301. Approval of Minutes from the Monday, February 24, 2020 City Commission
Regular Meeting
Attachments: Minutes
PUBLIC HEARINGS AGENDA
400. Aesthetics Review-Venetian Square
Attachments: Exhibit 1- Vicinity Maip
Exhibit 2-Aesthetics Review Application
Exhibit 3-Color Renderings
REGULAR AGENDA
500. Resolution 2020-01 - Creation of Winter Springs Youth Council
Attachments: Resolution 2020-01
CITY COMMISSION AGENDA I REGULAR MEETING I MONDAY, 2020 1 PAGE 2 OF
Sol. FY 19-20 Asphalt Street Resurfacing
Attachments: FV 19-20 Pavina Plan
Middlesex Paving, LLC Proiect Quotation
City of Winter Sprinas PiaavbackAareement with Middlesex Pavina, LLC
REPORTS
600. City Attorney Anthony A. Garganese, Esquire
601. City Manager Shawn Boyle
602. Interim City Clerk Christian Gowan
603. Seat Three Commissioner/Deputy Mayor Ted Johnson
604. Seat Four Commissioner TiAnna Hale
605. Seat Five Commissioner Geoff Kendrick
606. Mayor Charles Lacey
607. Seat One Commissioner Jean Hovey
608. Seat Two Commissioner Kevin Cannon
PUBLIC INPUT
Anyone who wishes to speak during Public Input on any Agenda Item or subject matter will need to fill out a
"Public Input"form. Individuals will limit their comments to three (3)minutes, and representatives of groups
or homeowners'associations shall limit their comments to five (5) minutes, unless otherwise determined by
the City Commission.
ADJOURNMENT
PUBLIC NOTICE
This is a Public Meeting, and the public is invited to attend and this Agenda is subject to change.
Please be advised that one(1) or more Members of any of the City's Advisory Boards and Committees
may be in attendance at this Meeting,and may participate in discussions.
Persons with disabilities needing assistance to participate in any of these proceedings should
contact the City of Winter Springs at (407) 327-1800 "at least 48 hours prior to meeting, a written
request by a physically handicapped person to attend the meeting, directed to the chairperson or
director of such board, commission, agency, or authority" - per Section 286.26 Florida Statutes.
"If a person decides to appeal any decision made by the board,agency,or commission with respect
to any matter considered at such meeting or hearing, he or she will need a record of the
proceedings, and that, for such purpose, he or she may need to ensure that a verbatim record of
the proceedings is made,which record includes the testimony and evidence upon which the appeal
is to be based" - per Section 286.0105 Florida Statutes.
CITY COMMISSION AGENDA • • • • 1 PAGE 3 OF 3
• REGULAR AGENDA ITEM 501
noom,a CITY COMMISSION AGENDA I MARCH 9, 2020
1959
REGULAR MEETING
TITLE
FY19-20 Asphalt Street Resurfacing
SUMMARY
The Fiscal Year 2019-2020 Asphalt Street Resurfacing Program consists of milling
and resurfacing City streets at various locations based on Staff's review of the
following factors:
• Signs of pavement deterioration and/or structural failure
• Pavement age
• Traffic Volume
• Completion of multi-phase paving programs in specific neighborhoods or
on specific streets
• Input from staff and residents
• Funding availability
This year's recommended paving program consists of the streets shown in
Attachment 1. The list is subject to change depending on project conditions. A
quote from Middlesex Paving, LLC (Middlesex) to mill and resurface these streets is
provided in Attachment 2.
Middlesex entered into an agreement with Seminole County for Pavement
Management Program Services (#IFB-603616-19/BJC) in December 2019. The City's
purchase order with Middlesex will piggyback off the unit prices in the Seminole
County Agreement (Attachment 3). All unit prices for the major work items in the
City's resurfacing project are at or below the corresponding unit prices in the
Seminole County Agreement. Middlesex has successfully completed many asphalt
resurfacing projects for the City since 2008.
The project cost is $1,199,278.06 plus a 10% contingency, for a total authorization of
$1,319,203.87,funded by a combination of the Infrastructure Surtax Fund (One-Cent
Sales Tax - 3rd Generation) and Transportation Improvement Fund using already
budgeted capital improvement dollars.
RECOMMENDATION
Staff recommends the City Commission approve the issuance of a purchase order
to Middlesex Paving, LLC for Asphalt Resurfacing of city streets in the amount of
$1,199,278.06 plus a 10% contingency, for a total authorization of $1,319,203.87 and
authorize the City Manager and City Attorney to prepare and execute any all
applicable documents.
CITY OF WINTER SPRINGS-ASPHALT RESURFACING OF VARIOUS CITY STREETS
FY19-20 PAVING PLAN
STRUCTURAL
YEAR LAST TOTAL COURSE TONS
PROJECT PAVED YARDS (110 LB/SY/IN)
District 1
1 Cottonwood Dr and Inkwood Ct 1992 2,271 187
2 Elderwood St and Spoonwood Ct 1992 3,841 317
3 Sweetgum Ct 1995 1,653 136
District 2
4 Benitawood Ct 1997 2,860 236
5 Tiverton St 1999 4,387 362
6 Carrington Ave and Carrington Ct 1999 4,820 398
District 3
7 Shetland Ave [Citrus to Northern Way] 1990 6,883 568
8 Calico Ct 1989 1,050 87
9 Mustang Ct 1988 1,925 159
10 Morgan St 1992 5,911 488
11 Deer Run Dr including Gator Ln 1990 18,318 1,511
12 Cheetah Tr 1992 8,222 678
District 4
13 David St 1997 7,111 587
14 Albert St 1997 3,067 253
15 Edwin St 1997 1,112 92
16 George St 1997 2,445 202
17 Bennett St [South connection to SR 434] 1997 534 44
18 Charles St [South connection to SR 434] 1997 575 47
19 Galston Dr 2000 466 38
20 Elgin Dr 2000 977 81
21 Stirling Dr 2000 583 48
22 Falkirk Dr 2000 577 48
23 Dunbar Dr and Dunbar Terrace 2000 2,300 190
24 Sheoah Cir 2000 8,012 661
25 Kilt Ct 1995 2,420 200
26 Clearn Court 2006 1,989 164
District 5
27 Trotwood Blvd [Venture Ct to park entrance] 2003 7,089 585
28 Venture Ct 2004 2,745 226
29 Winding Chase Blvd 1999 3,911 323
TOTAL 108,054 8,914
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PIGGYBACK AGREEMENT—MIDDLESEX PAVING
THIS "PIGGYBACK" AGREEMENT is made and entered into this day of
March, 2020, between the CITY OF WINTER SPRINGS, a Florida Municipal Corporation
("City") and MIDDLESEX PAVING, LLC, a Florida limited liability company (hereinafter
referred to as the "Contractor"), under the terms and conditions hereinafter provided. The City
and the Contractor agree as follows:
1. The Purchasing Policies for the City of Winter Springs allows for "piggybacking"
contracts. Pursuant to this procedure, the City is allowed to piggyback an existing government
contract, and there is no need to obtain formal or informal quotations, proposals or bids. The
parties agree that the Contractor has entered a contract with Seminole County, said contract being
identified as: Term Contract for Pavement Management Program Services (IUB-603616/BJC)
(said original contract being referred to as the"original government contract").
2. The original government contract is incorporated herein by reference and is
attached as Exhibit "1" to this Contract. All of the terms and conditions set out in the original
government contract (Exhibit "1") are fully binding on the parties and said terms and conditions
are incorporated herein.
3. Notwithstanding the requirement that the original government contract is fully
binding on the parties, the parties have agreed to modify certain technical provisions of the
original government contract as applied to this Contract between the Contractor and the City of
Winter Springs, as follows:
a) Notwithstanding anything in Exhibit"1"to the contrary, the following terms shall
be substituted throughout the original government contract: Seminole County =
City of Winter Springs.
1
b) Authorization for Services: Notwithstanding anything in Exhibit "1" to the
contrary, the Contractor will generate a detailed Scope of Work document,
prepare a Schedule, add a Not-to-Exceed Budget or Lump Sum Fee to accomplish
the task with a detailed cost breakdown based on the unit price schedule attached
hereto as Exhibit "2," and send the thus developed "Task Proposal' to the City.
The maximum unit prices, as applicable, that can be charged under this
Agreement by Contractor, unless otherwise agreed by the City in writing, are set
forth in Exhibit"2" and fully incorporated herein by this reference.
C) Time Period ("Term") of the Agreement: Notwithstanding anything to the
contrary in Exhibit 1, the term of this Agreement with the City shall take effect on
the date of its execution by the City and Contractor and continue for a period of
three (3) years. At the sole option of the City, this Agreement may be renewed for
two (2) successive periods not to exceed one (1)year each.
d) Address change for the City of Winter Springs: Notwithstanding the address and
contact information for the government entity as set out in Exhibit "A," the
Contractor agrees that he/she/it will send notices and will conduct all business
with the City of Winter Springs, attention Public Works Director. Invoices must
be sent to the City of Winter Springs, Finance Department, 1126 E. State Road
434, Winter Springs, Florida 32708.
e) Notwithstanding anything in Exhibit"A" to the contrary, the venue of any dispute
will be in Seminole County, Florida. Litigation between the parties arising out of
this contract must be in Seminole County, Florida in the Court of appropriate
jurisdiction. The law of Florida will control any dispute between the parties
2
arising out of or related to this Piggyback Contract, the performance thereof or
any products or services delivered pursuant to such contract.
f) Notwithstanding any other provision in Exhibit"A" to the contrary, there shall be
no arbitration with respect to any dispute between the parties arising out of this
Contract. Dispute resolution shall be through voluntary and non-binding
mediation, negotiation or litigation in the Court of appropriate jurisdiction in
Seminole County, Florida, with the parties bearing the costs of their own legal
fees and related costs with respect to any dispute resolution, including litigation.
The County administrative dispute resolution procedures and payment dispute
procedures shall not be used.
g) Pursuant to Section 119.0701, Florida Statutes and other applicable public records
laws, Contractor agrees that any records, documents, transactions, writings,
papers, letters, computerized information and programs, maps, books, audio or
video tapes, films, photographs, data processing software, writings or other
material(s), regardless of the physical form, characteristics, or means of
transmission, of Contractor related, directly or indirectly, to the services provided
to the City under this Agreement and made or received pursuant to law or
ordinance or in connection with the transaction of official business by the City,
may be deemed to be a public record, whether in the possession or control of City
or the Contractor. Said records, documents, transactions, writings, papers, letters,
computerized information and programs, maps, books, audio or video tapes, films,
photographs, data processing software, writings or other material(s), regardless of
the physical form, characteristics, or means of transmission of Contractor are
3
subject to the provisions of Chapter 119, Florida Statutes, and may not be
destroyed without the specific written approval of the City's designated custodian
of public records.
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 AGREEMENT, CONTACT
THE CITY'S CUSTODIAN OF PUBLIC RECORDS,
CHRISTIAN GOWAN, INTERIM CITY CLERK, AT (407) 327-
6560, city-clerk-department@winterspringsfl.org; 1126 E. State
Road 434, Winter Springs, Florida 32708.
Contractor is required to and agrees to comply with public records laws.
Contractor shall keep and maintain all public records required by City to perform
the services as agreed to herein. Contractor shall provide the City, upon request
from the City Clerk, copies 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 by law. Contractor shall 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.
Upon completion of the Agreement, Contractor shall transfer to City, at no cost,
all public records in possession of the Contractor, provided the transfer is
requested in writing by the by the City Clerk. Upon such transfer, Contractor
shall destroy any duplicate public records that are exempt or confidential and
exempt from public records disclosure requirements. However, if the City Clerk
does not request that the public records be transferred, the Contractor shall
continue to keep and maintain the public records upon completion of the
4
Agreement and shall meet all applicable requirements for retaining public records.
All records stored electronically must be provided to City, upon request from the
City Clerk, in a format that is compatible with the information technology systems
of City. Should the City not possess public records relating to this Agreement
which are requested to be inspected or copied by the City or any other person, the
City shall immediately notify Contractor of the request and the Contractor shall
then provide such records to the City or allow the records to be inspected or
copied within a reasonable time. If the Contractor does not comply with a public
records request, the City may enforce this Section to the extent permitted by law.
Contractor acknowledges that if the Contractor does not provide the public
records to the City within a reasonable time, the Contractor may be subject to
penalties under Section 119.10, Florida Statutes. The Contractor acknowledges
that if a civil action is filed against the Contractor to compel production of public
records relating to this Agreement, the court may assess and award against
Contractor the reasonable costs of enforcement, including reasonable attorney
fees. All public records in connection with this Agreement shall, at any and all
reasonable times during the normal business hours of the Contractor, be open and
freely exhibited to the City for the purpose of examination, audit, or otherwise.
Failure by Contractor to grant such public access and comply with public records
laws and/or requests shall be grounds for immediate unilateral cancellation of this
Agreement by the City upon delivery of a written notice of cancellation. If the
Contractor fails to comply with this Section, and the City must enforce this
Section, or the City suffers a third party award of attorney's fees and/or damages
5
for violating Chapter 119, Florida Statutes, due to Contractor's failure to comply
with this Section, the City shall collect from Contractor prevailing parry attorney's
fees and costs, and any damages incurred by the City, for enforcing this Section
against Contractor. And, if applicable, the City shall also be entitled to
reimbursement of all attorneys' fees and damages which the City had to pay a
third party because of the Contractor's failure to comply with this Section. The
terms and conditions set forth in this Section shall survive the termination of this
Agreement.
h) Notwithstanding any other provision in Exhibit "A" to the contrary, The City
intends to avail itself of the benefits of Section 768.28, Florida Statutes and any
other statutes and common law governing sovereign immunity to the fullest extent
possible. Neither this provision nor any other provision of this Agreement shall
be construed as a waiver of the City's right to sovereign immunity under Section
768.28, Florida Statutes, or other limitations imposed on the City's potential
liability under state or federal law. Contractor agrees that City shall not be liable
under this Agreement for punitive damages or interest for the period before
judgment. Further, City shall not be liable for any claim or judgment, or portion
thereof, to any one person for over two hundred thousand dollars ($200,000.00),
or any claim or judgment, or portion thereof, which, when totaled with all other
claims or judgments paid by the State or its agencies and subdivisions arising out
of the same incident or occurrence, exceeds three hundred thousand dollars
($300,000.00). Nothing in this Agreement is intended to inure to the benefit of
any third parry for the purpose of allowing any claim which would otherwise be
6
barred under the doctrine of sovereign immunity or by operation of law. This
paragraph shall survive termination of this Agreement.
i) Indemnification: The following is added to Section 16 Indemnification: The
"Contractor specifically assumes potential liability for actions brought by the
Contractor's own employees against the City and, solely for the purpose of this
indemnification and defense, the Contractor specifically waives its entitlement, if
any, to immunity under Section 440.11, Florida Statutes. This waiver has been
specifically and mutually negotiated by the parties."
j) Bonds: The Contractor shall supply a materials, performance and payment
bond(s) as specified for each Task Order or Release Order in a form approved by
the City and in accordance with Florida law.
m) No Person other than the City and Contractor themselves has any rights or
remedies under this Contract.
n) All other provisions in the original government contract (Exhibit "A") are fully
binding on the parties and will represent the agreement between the City of
Winter Springs and the Contractor.
4. This Contract is not a requirements agreement nor is it an exclusive agreement.
Accordingly, the City of Winter Springs reserves the right to purchase the goods or services that
are the subject hereof from any alternative Contractor during the contract term, regardless of
contrary language in the underlying contract that is being piggybacked.
7
[Signature Page Follows]
Entered this day of March, 2020.
NHDDLESEX PAVING,LLC
CONTRACTOR
By:
Name/Title:
Date:
CITY OF WINTER SPRINGS
By:
Shawn Boyle, City Manager
Date:
Attested by:
Christian Gowan, Interim City Clerk
8
EXHIBIT "1"
Seminole County Contract
(58 Pages)
TERM CONTRACT FOR PAVEMENT MANAGEMENT PROGRAM SERVICES
(IFB-603616-19/BJC)
THIS AGREEMENT is dated as of the a?� day of4l" 20 /9 , by and
between MIDDLESEX PAVING, LLC, duly authorized to conduct business in the State of
Florida,whose address is 10801 Cosmonaut Boulevard,Orlando,Florida 32824,in this Agreement
"CONTRACTOR,"and SEMINOLE COUNTY, a charter county and political subdivision of the
State of Florida, whose address is Seminole County Services Building, 1101 East 1 st Street,
Sanford, Florida 32771, in this Agreement"COUNTY."
WITNESSETH:
WHEREAS, COUNTY desires to retain the services of a competent and qualified
contractor to provide Pavement Management Program services in Seminole County; and
WHEREAS,COUNTY has requested and received expressions of interest for the retention
of services of contractors; and
WHEREAS, CONTRACTOR is competent, qualified, and desires to provide services
according to the terms and conditions stated in this Agreement,
NOW, THEREFORE, in consideration of the mutual understandings and covenants set
forth in this Agreement, COUNTY and CONTRACTOR agree as follows:
Section 1. Services. COUNTY hereby retains CONTRACTOR to provide services as
further described in the Scope of Services attached as Exhibit A and made a part of this Agreement.
CONTRACTOR is also bound by all requirements as contained in the solicitation package, all
addenda to this package, and CONTRACTOR's submission in response to this solicitation.
Required services will be specifically enumerated, described, and depicted in the Release Orders
authorizing purchase of specific services. This Agreement standing alone does not authorize the
purchase of services or require COUNTY to place any orders for work.
CERTIFIED COPY-GRANT MALOY
Term Contract for Pavement Management Program Servic
E CIRCUIT COURT
khO COMPTROLLER �
(IFB-603616-19/BJC) SE INOLECOUNJY,FLORIDA
Page 1 of 21
B EPUTY CLERK
Section 2. Term. This Agreement takes effect on the date of its execution by
COUNTY and continues for a period of three (3) years. At the sole option of COUNTY, this
Agreement may be renewed for two (2) successive periods not to exceed one (1) year each.
Expiration of the term of this Agreement will have no effect upon Release Orders issued pursuant
to this Agreement and prior to the expiration date. Obligations by both parties under such Release
Orders will remain in effect until delivery and acceptance of the services authorized by the
respective Release Order. The first three(3)months of the initial term are considered probationary.
During the probationary period,COUNTY may immediately terminate this Agreement at any time,
with or without cause, upon written notice to CONTRACTOR.
Section 3. Authorization for Services.
(a) Authorization for provision of services by CONTRACTOR under this Agreement
must be in the form of written Release Orders issued and executed by COUNTY. A sample
Release Order is attached as Exhibit B. Each Release Order will describe the services required,
state the dates for delivery of services, and establish the amount and method of payment. The
Release Orders must be issued under and incorporate the terms of this Agreement. COUNTY
makes no covenant or promise as to the number of available Release Orders or that
CONTRACTOR will perform any Release Order for COUNTY during the life of this Agreement.
COUNTY reserves the right to contract with other parties for the services contemplated by this
Agreement when it is determined by COUNTY to be in the best interest of COUNTY to do so.
(b) All contractors will be invited to participate in the quoting process for each project
as directed by COUNTY's representative. Detailed technical information will be provided to each
contractor, and they will have the opportunity to submit a quote based on the not-to-exceed price
structure established in this Agreement. The final bids will normally be submitted on either a lump
Term Contract for Pavement Management Program Services
(IFB-603616-19/BJC)
Page 2 of 21
sum bid or unit price basis, as stipulated by COUNTY's representative. A lump sum bid will
represent the total price for which a contractor offers to complete the work according to the detailed
plans and specifications. Unit price bidding will be used in projects for which the quantity of
materials or the amount of labor involved in some key tasks is particularly uncertain. In such
cases, the contractors will be allowed to submit a list of unit prices for those tasks, computed by
multiplying the quoted unit price for each specified task by the corresponding quantity in
COUNTY representative's estimates for quantities. However, the total payment to the selected
contractor will be based on the actual quantities multiplied by the respective quoted unit prices.
Section 4. Time for Completion. The services to be provided by CONTRACTOR
must be delivered, as specified in such Release Orders as may be issued under this Agreement,
within the time specified in the Release Order.
Section 5. Compensation. COUNTY shall compensate CONTRACTOR for the
services provided for under this Agreement on aFixed Fee basis. When a Release Order is issued
on a Fixed Fee basis, then the applicable Release Order Fixed Fee amount will include any and all
reimbursable expenses and will be based on the unit pricing attached to this Agreement, or as
reduced in the quoting process leading to specific Release Orders.
Section 6. Payment and Billing.
(a) CONTRACTOR shall supply all services required by the Release Order, but in no
event will CONTRACTOR be paid more than the negotiated Fixed Fee amount stated within each
Release Order.
(b) For Release Orders issued on a Fixed Fee basis, CONTRACTOR may invoice the
amount due based on the percentage of total Release Order services actually provided, but in no
Term Contract for Pavement Management Program Services
(IFB-603616-19/BJC)
Page 3 of 21
event may the invoice amount exceed a percentage of the Fixed Fee amount equal to a percentage
of the total services actually completed.
(c) COUNTY shall make payments to CONTRACTOR when requested as services are
provided, but not more than once monthly. Each Release Order will be invoiced separately. At
the close of each calendar month, CONTRACTOR shall render to COUNTY an itemized invoice,
properly dated, describing any services provided, the cost of the services provided, the name and
address of CONTRACTOR, Release Order Number, Contract Number, and any other information
required by this Agreement.
(d) The original invoice must be sent to:
Director of County Comptroller's Office
Seminole County Board of County Commissioners
Post Office Box 8080
Sanford, Florida 32772
A copy of the invoice must be sent to:
Public Works Department/Engineering Division
100 East 1 st Street
Sanford, Florida 32771
(e) Upon review and approval of CONTRACTOR's invoice, COUNTY shall pay
CONTRACTOR the approved amount, in accordance with the terms as set forth in Chapter 218,
Part VII, Florida Statutes.
Section 7. General Terms of Payment and Billing.
(a) Upon satisfactory delivery of services required under this Agreement and upon
acceptance of the services by COUNTY, CONTRACTOR may invoice COUNTY for the full
amount of compensation provided for under the terms of this Agreement less any amount already
paid by COUNTY.
Term Contract for Pavement Management Program Services
(IFB-603616-19BJC)
Page 4 of 21
(b) COUNTY may perform or have performed an audit of the records of
CONTRACTOR at any time during the term of this Agreement and after final payment to support
final payment under this Agreement. Audits may be performed at a time mutually agreeable to
CONTRACTOR and COUNTY. Total compensation to CONTRACTOR may be determined
subsequent to an audit as provided for in this Section and the total compensation so determined
will be used to calculate final payment to CONTRACTOR. Performance of this audit will not
delay final payment as provided by subsection(a) of this Section.
(c) CONTRACTOR shall maintain all books, documents,papers, accounting records,
and other evidence pertaining to services provided under this Agreement in such a manner as will
readily conform to the terms of this Agreement. CONTRACTOR shall make such materials
available at CONTRACTOR's office at all reasonable times during the term of this Agreement
and for five (5) years from the date of final payment under the contract for audit or inspection as
provided for in subsection(b) of this Section.
(d) In the event any audit or inspection conducted after final payment but within the
period provided in paragraph (c) of this Section reveals any overpayment by COUNTY under the
terms of the Agreement, CONTRACTOR shall refund such overpayment to COUNTY within
thirty(30) days of notice by COUNTY.
Section 8. No Waiver by Forbearance. COUNTY's review of, approval and
acceptance of,or payment for the materials or services required under this Agreement does not operate
as a waiver of any rights under this Agreement, or of any cause of action arising out of the
performance of this Agreement. CONTRACTOR is and will always remain liable to COUNTY in
accordance with applicable law for any and all damages to COUNTY caused by CONTRACTOR's
negligent or wrongful provision of any of the materials or services provided under this Agreement.
Term Contract for Pavement Management Program Services
(IFB-603616-19/BJC)
Page 5 of 21
J I
Section 9. Termination.
(a) COUNTY may,by written notice to CONTRACTOR, terminate this Agreement or
any Release Order issued under this Agreement, in whole or in part, at any time, either for
COUNTY's convenience or because of the failure of CONTRACTOR to fulfill its obligations
under this Agreement. Upon receipt of such notice, CONTRACTOR shall immediately
discontinue all services affected, unless the notice directs otherwise, and deliver to COUNTY all
data, drawings, specifications, reports, estimates, summaries, and any and all such other
information and materials of whatever type or nature as may have been accumulated by
CONTRACTOR in performing this Agreement, whether completed or in process.
(b) If the termination is for the convenience of COUNTY, CONTRACTOR will be
paid compensation for services performed to the date of termination.
(c) If the termination is due to the failure of CONTRACTOR to fulfill its obligations
under this Agreement, COUNTY may take over the work and carry it to completion by other
agreements or otherwise. In such case, CONTRACTOR will be liable to COUNTY for all
reasonable additional costs associated with CONTRACTOR's failure to fulfill its obligations
under this Agreement.
(d) CONTRACTOR will not be liable for such additional costs if the failure to perform
the Agreement arises without any fault or negligence of CONTRACTOR, but CONTRACTOR
will be responsible and liable for the actions by its subcontractors,agents,employees,persons,and
entities of a similar type or nature. Matters beyond the fault or negligence of CONTRACTOR
include acts of God or of the public enemy, acts of COUNTY in its sovereign or contractual
capacity,fires,floods,epidemics,quarantine restrictions, strikes, freight embargoes,and unusually
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severe weather, but in every case the failure to perform must be beyond the control and without
any fault or negligence of CONTRACTOR.
(e) If after notice of termination for CONTRACTOR's failure to fulfill its obligations
under this Agreement it is determined that CONTRACTOR had not so failed, the termination will
be conclusively deemed to have been effected for the convenience of COUNTY. In such event,
adjustment in the Agreement price will be made as provided in subsection(b) of this Section.
(f) The rights and remedies of COUNTY provided for in this Section are in addition
and supplemental to any and all other rights and remedies provided by law or under this
Agreement.
Section 10. Agreement and Release Order in Conflict. Wherever the terms of this
Agreement conflict with any Release Order issued pursuant to it, this Agreement will prevail.
Section 11. Equal Opportunity Employment. CONTRACTOR shall not discriminate
against any employee or applicant for employment for work under this Agreement because of race,
color, religion, sex, age, disability, or national origin. CONTRACTOR shall take steps to ensure
that applicants are employed and employees are treated during employment without regard to race,
color, religion, sex, age, disability, or national origin. This provision includes, but is not limited
to the following: employment,upgrading, demotion or transfer,recruitment advertising, layoff or
termination, rates of pay or other forms of compensation and selection for training including
apprenticeship.
Section 12. No Contingent Fees. CONTRACTOR warrants that it has not employed
or retained any company or person other than a bona fide employee working solely for
CONTRACTOR 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
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for CONTRACTOR,any fee,commission,percentage,gift,or other consideration contingent upon
or resulting from award or making of this Agreement. For the breach or violation of this provision,
COUNTY will have the right to terminate the Agreement at its sole discretion without liability and
to deduct from the Agreement price or otherwise recover the full amount of such fee, commission,
percentage, gift, or consideration.
Section 13. Conflict of Interest.
(a) CONTRACTOR shall not engage in any action that would create a conflict of
interest in the performance of its obligations pursuant to this Agreement with COUNTY or violate
or cause others to violate the provisions of Chapter 112,Part III, Florida Statutes,relating to ethics
in government.
(b) CONTRACTOR hereby certifies that no officer, agent, or employee of COUNTY
has any material interest (as defined in Section 112.312(15), Florida Statutes, as over 5%), either
directly or indirectly, in the business of CONTRACTOR to be conducted under this Agreement
and that no such person will have any such interest at any time during the term of this Agreement.
Section 14. Assignment. Neither this Agreement nor any interest in it may be assigned,
transferred,or otherwise encumbered under any circumstances by either party without prior written
consent of the other party and in such cases only by a document of equal dignity with this
Agreement.
Section 15. Subcontractors. CONTRACTOR shall first secure the prior written
approval of COUNTY before engaging or contracting for the services of any subcontractors under
this Agreement. CONTRACTOR will remain fully responsible to COUNTY for the services of
any subcontractors under this Agreement.
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Section 16. Indemnification of COUNTY. To the fullest extent permitted by law,
CONTRACTOR shall hold harmless, release, and indemnify COUNTY, its commissioners,
officers, employees, and agents from any and all claims, losses, damages, costs, attorney fees, and
lawsuits for damages arising from, allegedly arising from, or related to CONTRACTOR's
provision of materials or services under this Agreement caused by CONTRACTOR's act or
omission in the performance of this Agreement.
Section 17. Insurance.
(a) General. CONTRACTOR shall procure and maintain insurance required under this
Section at CONTRACTOR's own cost.
(1) CONTRACTOR shall provide COUNTY with a Certificate of Insurance on
a current ACORD Form signed by an authorized representative of the insurer evidencing the
insurance required by this Section (Professional Liability, Workers' Compensation/Employer's
Liability, Commercial General Liability, and Business Auto). The Certificate must have the
Agreement number for this Agreement clearly marked on its face. COUNTY, its officials,
officers, and employees must be named additional insureds under the Commercial General
Liability, Umbrella Liability and Business Auto policies. If the policy provides for a blanket
additional insured coverage, CONTRACTOR shall provide a copy of the section of the policy
along with the Certificate of Insurance. If the coverage does not exist,the policy must be endorsed
to include the named additional insureds as described in this subsection. The Certificate of
Insurance must provide that COUNTY will be provided, by policy endorsement, not less than
thirty(30) days written notice prior to the cancellation or non-renewal, or by a method acceptable
to COUNTY. Until such time as the insurance is no longer required to be maintained by
CONTRACTOR, CONTRACTOR shall provide COUNTY with a renewal or replacement
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Certificate of Insurance before expiration or replacement of the insurance for which a previous
Certificate of Insurance has been provided.
(2) In addition to providing the Certificate of Insurance on a current ACORD
Form, upon request as required by COUNTY, CONTRACTOR shall provide COUNTY with a
certified copy of each of the policies of insurance providing the coverage required by this Section
within thirty (30) days after receipt of the request. Certified copies of policies may only be
provided by the insurer, not the agent or broker.
(3) Neither approval by COUNTY nor failure to disapprove the insurance
provided by CONTRACTOR will relieve CONTRACTOR of its full responsibility for
performance of any obligation, including its indemnification of COUNTY,under this Agreement.
(b) Insurance Company Requirements. Insurance companies providing the insurance
under this Agreement must meet the following requirements:
(1) Companies issuing policies must be authorized to conduct business in the
State of Florida and prove such authorization by maintaining Certificates of Authority or Letters
of Eligibility issued to the companies by the Florida Office of Insurance Regulation.Alternatively,
policies required by this Agreement for Workers' Compensation/Employers' Liability, may be
those authorized as a group self-insurer by Section 624.4621, Florida Statutes.
(2) In addition,such companies must have and maintain,at a minimum,a Best's
Rating of"A-"and a minimum Financial Size Category of"VII"according to A.M.Best Company.
(3) If, during the period that an insurance company is providing the insurance
coverage required by this Agreement, an insurance company(i) loses its Certificate of Authority,
or (ii) fails to maintain the requisite Best's Rating and Financial Size Category, the
CONTRACTOR shall immediately notify COUNTY as soon as CONTRACTOR has knowledge
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of any such circumstance and immediately replace the insurance coverage provided by the
insurance company with a different insurance company meeting the requirements of this
Agreement. Until such time as CONTRACTOR has replaced the unacceptable insurer with an
insurer acceptable to COUNTY, CONTRACTOR will be deemed to be in default of this
Agreement.
(c) Specifications. Without limiting any of the other obligations or liability of
CONTRACTOR, CONTRACTOR shall procure, maintain, and keep in force amounts and types
of insurance conforming to the minimum requirements set forth in this subsection, at
CONTRACTOR's sole expense. Except as otherwise specified in this Agreement, the insurance
will become effective,upon execution of this Agreement by CONTRACTOR and must be
maintained in force until the expiration of this Agreement's term or the expiration of all Orders
issued under this Agreement, whichever comes last. Failure by CONTRACTOR to maintain this
required insurance coverage within the stated period will constitute a material breach of this
Agreement, for which COUNTY may immediately terminate this Agreement. The amounts and
types of insurance must conform to the following minimum requirements:
(1) Workers' Compensation/Employer's Liability.
(A) CONTRACTOR's insurance must cover it for liability that would
be covered by the latest edition of the standard Workers' Compensation policy as filed for use in
Florida by the National Council on Compensation Insurance without restrictive endorsements.
CONTRACTOR is also responsible for procuring proper proof of coverage from its subcontractors
of every tier for liability that is a result of a Workers' Compensation injury to the subcontractor's
employees. The minimum required limits to be provided by both CONTRACTOR and its
subcontractors are outlined in subsection (C) below. In addition to coverage for the Florida
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Workers' Compensation Act, where appropriate, coverage must be included for the United States
Longshoremen and Harbor Workers' Compensation Act, Federal Employees' Liability Act, and
any other applicable Federal or State law.
(B) Subject to the restrictions of coverage found in the standard
Workers' Compensation policy, there will be no maximum limit on the amount of coverage for
liability imposed by the Florida Workers' Compensation Act, the United States Longshoremen's
and Harbor Workers' Compensation Act, or any other coverage customarily insured under Part
One of the standard Workers' Compensation policy.
(C) The minimum amount of coverage under Part Two of the standard
Workers' Compensation policy is required to be the following:
$500,000.00 (Each Accident)
$500,000.00 (Disease-Policy Limit)
$500,000.00 (Disease-Each Employee)
(2) Commercial General Liability.
(A) CONTRACTOR's insurance must cover it for those sources of
liability that would be covered by the latest edition of the standard Commercial General Liability
Coverage Form (ISO Form CG 00 01), as filed for use in the State of Florida by the Insurance
Services Office. Coverage must not contain any endorsements excluding or limiting
Products/Completed Operations, Contractual Liability, or Separation of Insureds.
(B) CONTRACTOR shall maintain these minimum insurance limits:
General Aggregate Two Times(2x) the Each Occurrence Limit
Personal &Advertising $1,000,000.00
Injury Limit
Each Occurrence Limit $1,000,000.00
Pollution Liability $1,000,000.00
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(3) Professional Liability Insurance. CONTRACTOR shall carry Professional
Liability Insurance with limits of not less than One Million and No/100 Dollars ($1,000,000.00).
(4) Business Auto Policy.
(A) CONTRACTOR's insurance must cover CONTRACTOR for
those sources of liability which would be covered by Section II of the latest edition of the standard
Business Auto Policy (ISO Form CA 00 01), as filed for use in the State of Florida by the
Insurance Services Office. Coverage must include owned, non-owned, and hired autos or any
auto used by CONTRACTOR. In the event CONTRACTOR does not own automobiles,
CONTRACTOR shall maintain coverage for hired and non-owned auto liability for autos used by
CONTRACTOR, which may be satisfied by way of endorsement to the Commercial General
Liability policy or separate Business Auto Liability policy. If the contract involves operations
governed by Sections 29 or 30 of the Motor Carrier Act of 1980, endorsement MCS-90 is required.
(B) The minimum limits to be maintained by CONTRACTOR must be
per-accident combined single limit for bodily injury liability and property damage liability.
(C) The minimum amount of coverage under the Business Auto Policy
is required to be the following:
Combined Single Limit $1,000,000.00
(d) Coverage. The insurance provided by CONTRACTOR pursuant to this Agreement
must apply on a primary and non-contributory basis, and any other insurance or self-insurance
maintained by COUNTY or COUNTY's officials, officers, or employees must be in excess of and
not contributing to the insurance provided by or on behalf of CONTRACTOR.
(e) Occurrence Basis. The Workers' Compensation policy, the Commercial General
Liability, and the Umbrella policy required by this Agreement must be provided on an occurrence
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rather than a claims-made basis. The Professional Liability insurance policy may be on an
occurrence basis or claims-made basis. If a claims-made basis, the coverage must respond to all
claims reported within three (3) years following the period for which coverage is required and
which would have been covered had the coverage been on an occurrence basis.
(f) Obligations. Compliance with the foregoing insurance requirements will not
relieve CONTRACTOR, its employees, or its agents of liability from any obligation under this
Section or any other Section of this Agreement.
Section 18. Dispute Resolution.
(a) In the event of a dispute related to any performance or payment obligation arising
under this Agreement, the parties shall exhaust COUNTY administrative dispute resolution
procedures prior to filing a lawsuit or otherwise pursuing legal remedies. COUNTY administrative
dispute resolution procedures for proper invoice and payment disputes are set forth in Section
22.15, "Prompt Payment Procedures," Seminole County Administrative Code. COUNTY
administrative dispute resolution procedures for contract claims related to this Agreement, other
than for proper invoice and payment disputes, are set forth in Section 3.5540, "Contract Claims,"
Seminole County Administrative Code.
(b) In any lawsuit or legal proceeding arising under this Agreement, CONTRACTOR
hereby waives any claim or defense based on facts or evidentiary materials that were not presented
for consideration in COUNTY administrative dispute resolution procedures set forth in subsection
(a) above of which CONTRACTOR had knowledge and failed to present during COUNTY
administrative dispute resolution procedures.
(c) In the event that COUNTY administrative dispute resolution procedures are
exhausted and a lawsuit or legal proceeding is filed,the parties shall exercise best efforts to resolve
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disputes through voluntary mediation and to select a mutually acceptable mediator. The parties
participating in the voluntary mediation shall share the costs of mediation equally.
Section 19. Representatives of COUNTY and CONTRACTOR.
(a) It is recognized that questions in the day to day conduct of performance pursuant
to this Agreement may arise. Upon request by CONTRACTOR, COUNTY shall designate and
advise CONTRACTOR in writing of one or more of its employees to whom to address all
communications pertaining to the day-to-day conduct of this Agreement. The designated
representative will have the authority to transmit instructions, receive information, and interpret
and define COUNTY's policy and decisions pertinent to the work covered by this Agreement.
(b) At all times during the normal work week, CONTRACTOR shall designate or
appoint one or more representatives who are authorized to act on behalf of CONTRACTOR and
bind CONTRACTOR regarding all matters involving the conduct of the performance pursuant to
this Agreement, and who will keep COUNTY continually and effectively advised of such
designation.
Section 20. All Prior Agreements Superseded. This Agreement incorporates and
includes all prior negotiations, correspondence, conversations, agreements, or understandings
applicable to the matters contained in this Agreement and the parties agree that there are no
commitments, agreements,or understandings concerning the subject matter of this Agreement that
are not contained or referred to in this document. Accordingly, it is agreed that no deviation from
the terms of this Agreement may be predicated upon any prior representations or agreements,
whether oral or written.
Section 21. Modifications, Amendments, or Alterations. No modification,
amendment, or alteration in the terms or conditions contained in this Agreement will be effective
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unless contained in a written amendment executed with the same formality and of equal dignity
with this Agreement.
Section 22. Independent Contractor. Nothing in this Agreement is intended or may
be construed as in any manner creating or establishing a relationship of co-partners between the
parties, or as constituting CONTRACTOR (including its officers, employees, and agents) as an
agent, representative, or employee of COUNTY for any purpose or in any manner whatsoever.
CONTRACTOR is and will remain forever an independent contractor with respect to all services
performed under this Agreement.
Section 23. Employee Status. Persons employed by CONTRACTOR in the
performance of services and functions pursuant to this Agreement have no claim to pension,
workers' compensation, unemployment compensation, civil service, or other employee rights or
privileges granted to COUNTY's officers and employees, either by operation of law or by
COUNTY.
Section 24. Services Not Provided For. No claim for services provided by
CONTRACTOR not specifically provided for in this Agreement will be honored by COUNTY.
Section 25. Public Records Law.
(a) CONTRACTOR acknowledges COUNTY's obligations under Article 1, Section
24, Florida Constitution and Chapter 119, Florida Statutes, to release public records to members
of the public upon request. CONTRACTOR acknowledges that COUNTY is required to comply
with Article 1, Section 24, Florida Constitution and Chapter 119, Florida Statutes, in the handling
of the materials created under this Agreement and this statute controls over the terms of this
Agreement. Upon COUNTY's request, CONTRACTOR shall provide COUNTY with all
requested public records in CONTRACTOR's possession, or shall allow COUNTY to inspect or
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copy the requested records within a reasonable time and at a cost that does not exceed costs as
provided under Chapter 119, Florida Statutes.
(b) CONTRACTOR specifically acknowledges its obligations to comply with Section
119.070 1, Florida Statutes, with regard to public records and shall perform the following:
(1) CONTRACTOR shall keep and maintain public records that ordinarily and
necessarily would be required by COUNTY in order to perform the services required under this
Agreement,
(2) CONTRACTOR shall provide the public with access to public records on
the same terms and conditions that COUNTY would provide the records and at a cost that does
not exceed the cost provided in Chapter 119, Florida Statutes, or as otherwise provided by law.
(3) CONTRACTOR shall ensure public records that are exempt or confidential
and exempt from public records disclosure requirements are not disclosed,except as authorized by
law.
(c) Upon termination of this Agreement, CONTRACTOR shall transfer, at no cost to
COUNTY, all public records in possession of CONTRACTOR, or keep and maintain public
records required by COUNTY under this Agreement. If CONTRACTOR transfers all public
records to COUNTY upon completion of this Agreement, CONTRACTOR shall destroy any
duplicate public records that are exempt or confidential and exempt from public records disclosure
requirements. If CONTRACTOR keeps and maintains the public records upon completion of this
Agreement, CONTRACTOR shall meet all applicable requirements for retaining public records.
All records stored electronically must be provided to COUNTY, upon request of COUNTY, in a
format that is compatible with the information technology systems of COUNTY.
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(d) Failure to comply with this Section will be deemed a material breach of this
Agreement for which COUNTY may terminate this Agreement immediately upon written notice
to CONTRACTOR. CONTRACTOR may also be subject to statutory penalties as set forth in
Section 119.10, Florida Statutes.
(e) IF CONTRACTOR HAS QUESTIONS REGARDING THE
APPLICATION OF CHAPTER 119, FLORIDA STATUTES, TO
CONTRACTOR's DUTY TO PROVIDE PUBLIC RECORDS RELATING
TO THIS CONTRACT, CONTRACTOR MAY CONTACT THE
CUSTODIAN OF PUBLIC RECORDS, THE SEMINOLE COUNTY
PURCHASING AND CONTRACTS MANAGER, AT 407-665-71161,
PURCHkSEMINOLECOUNTYFL.GOV, PURCHASING AND
CONTRACTS DIVISION, 1301 EAST SECOND STREET, SANFORD, FL
32771.
Section 26. Governing Law, Jurisdiction, and Venue. The laws of the State of
Florida govern the validity, enforcement, and interpretation of this Agreement. The sole
jurisdiction and venue for any legal action in connection with this Agreement will be in the courts
of Seminole County, Florida.
Section 27. Compliance with Laws and Regulations. In providing all services
pursuant to this Agreement, CONTRACTOR shall abide by all statutes, ordinances, rules, and
regulations pertaining to or regulating the provision of such services, including those now in effect
and subsequently adopted. Any violation of these statutes, ordinances, rules, or regulations will
Term Contract for Pavement Management Program Services
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constitute a material breach of this Agreement and will entitle COUNTY to terminate this
Agreement immediately upon delivery of written notice of termination to CONTRACTOR.
Section 28. Patents and Royalties. Unless otherwise provided, CONTRACTOR is
solely responsible for obtaining the right to use any patented or copyrighted materials in the
performance of this Agreement. CONTRACTOR, without exception, shall indemnify and save
harmless COUNTY and its employees from liability of any nature or kind, including costs and
expenses for or on account of any copyrighted, patented, or unpatented invention, process, or
article manufactured or supplied by CONTRACTOR. In the event of any claim against COUNTY
of copyright or patent infringement, COUNTY shall promptly provide written notification to
CONTRACTOR. If such a claim is made, CONTRACTOR shall use its best efforts to promptly
purchase for COUNTY any infringing products or services or procure a license at no cost to
COUNTY that will allow continued use of the service or product. If none of the alternatives are
reasonably available, COUNTY shall return the article on request to CONTRACTOR and receive
reimbursement, if any, as may be determined by a court of competent jurisdiction.
Section 29. Notices. Whenever either party desires to give notice to the other, it must
be given by written notice, sent by registered or certified United States mail, return receipt
requested, addressed to the party for whom it is intended at the place last specified. The place for
giving of notice will remain such until it has been changed by written notice in compliance with
the provisions of this Section. For the present,the parties designate the following as the respective
places for giving of notice:
For COUNTY:
Public Works Department/Engineering Division
100 East 1 st Street
Sanford, Florida 32771
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For CONTRACTOR:
Middlesex Paving, LLC
10801 Cosmonaut Boulevard
Orlando, Florida 32824
Section 30. Rights At Law Retained. The rights and remedies of COUNTY provided
for under this Agreement are in addition and supplemental to any other rights and remedies
provided by law.
Section 31. Headings and Captions. All headings and captions contained in this
Agreement are provided for convenience only,do not constitute a part of this Agreement, and may
not be used to define, describe, interpret or construe any provision of this Agreement.
IN WITNESS WHEREOF, the parties have made and executed this Agreement for the
purposes stated above.
ATTEST: lM £ X P G, LLC
Witness VID S CI,
Vice President-Preconstruction
Print e Title
lyww'-� -
Witness Date
A,omct�
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Print Name
[Balance of this page intentionally blank;signature page continues on Page 21.]
Term Contract for Pavement Management Program Services
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SEM UNTY LORIDA
By.
Witness BETSY C anaN, Acting Purchasing and
Contracts ger
V Ci"t-C'jr 1 CiL C�LL�.t✓1°`F{
Print Name Date: 1.2 1.2-
A
1A
Witness
Print Name
For the use and reliance of As authorized for execution by t4 Bard of
Seminole County only. County Commissioners at its
2019,regular meeting.
Approved as to form and
legal sufficiency.
County Attorney
DGS/dre
11/6/19
Attachments:
Exhibit A- Scope of Services and Fee Structure
Exhibit B - Sample Release Order
T:\Users\Legal Secretary CSB\Purchasing 2019\IFB-603616-19 BJC Middlesex.docx
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P
n r 1
SUBMIT BIDS TO: INVITATION FOR BID
Seminole County
1301 East 2nd Street And
Sanford, Florida 32771 Bidder Acknowledgment
Attn: PURCHASING & CONTRACTS (PCD)
IFB-603616-19/BJC
Contact: Betsy J. Cohen, CPM, CPPO
Procurement Administrator PAVEMENT MANAGEMENT
Phone: 407-665-7112 PROGRAM FOR SEMINOLE
Email: bcohenAseminolecountyfl.Qov COUNTY - REBID
Due Date:
October 23, 2019 at 2:00 PM (Eastern Standard Time)
Location of Public Opening:
Purchasing & Contracts Division, 1301 East 2nd Street, Sanford, FL 32771
Proposer Name: Federal Employer ID Number:
Middlesex Paving, LLC. 46-1625297
Mailing Address: If returning as a "No Submittal', state reason
(if so, return only this page):
10801 Cosmonaut Blvd
City, State, Zip:
Orlando Florida 32824
Type of Entity(Circle one): Corporation The undersigned Bidder hereby
Partnership Proprietorship Joint Venture acknowledges receipt of Addenda
Incorporated in the State of: Florida Numbers 1 through 2
List of Principals: Please see Attachment"A" 1
Aut ized Si ture (Manu I) Date
Email Address: dsocci@middlesexco.com Typed Name: David Socci
Telephone Number: 978-742-4410 Title: Sr.V.P. Preconstru tion and Manaer
Fax Number: 407-206-3558 Date: October 23 2019
THIS FORM MUST BE COMPLETED AND RETURNED WITH WRITTEN BID
The Bidder is expected to completely analyze the information contained in this Invitation for Bid
(IFB) as guidance for the preparation of their written submittal. The Bidder's written bid should be
specific, detailed, and complete in order to clearly and fully demonstrate the Bidder's
understanding of the requested work and/or delivery requirements.
EXHIBIT A
Scope of Services
Seminole County Specification Hierarchy: All requirements set forth by this IFB contract shall adhere
to the rules and conditions described in Seminole County's General Conditions for Road, Bridge& Utility
Construction http://www.seminolecountyfl.gov/fs/purchasing/pdf/800roads.pdf. In addition, the attached
Supplemental Specifications for this contract shall take priority to the County's General Condition as they
are specific to the pay items and basis of payment for this contract. Bidder must be Florida Department
of Transportation (FDOT) Prequalified in the following categories:
• Hot Plant-mixed Bituminous Courses
• Flexible Paving
PAY ITEM NOTES
GROUP I — Asphaltic Concrete
Superpave Asphaltic Concrete
Included in the price of asphalt will be cost of all work and materials associated with the following
items:
105 Quality Control; 300 Tack, Prime and Sand. (Section 334).
Basis of payment shall be under:
Items No. 334-1-xx Superpave Asphaltic Concrete - per ton.
Asphalt Concrete Friction Course
Included in the price of asphalt will be cost of all work and materials associated with the following
items:
105 Quality Control; 300 Tack, Prime and Sand. (Section 337).
Basis of payment shall be under:
Items No. 337-7-xx Asphalt Concrete Friction Course- per ton.
Miscellaneous Asphalt Pavement
Included in the price of miscellaneous asphalt will be the cost of all work and materials associated
with the following items:
105 Quality Control. (Section 339).
Basis of payment shall be under:
Item No. 339-1 Miscellaneous Asphalt Pavement- per ton.
Notes:
• 104 Erosion Control; 107 Litter Removal and Mowing; 110 Clearing and Grubbing; shall be
included in the bid price for top lift of asphalt, and included in one of the items listed above.
• Prior to beginning any paving or milling activities, the Contractor is required to give 24 hour notice
to the Engineer/CCEI.
IFB-603616-19/BJC—Pavement Management Program
GROUP II — Sand and Seal
Prime and Tack Coats for Base Courses
The pay item for Prime and Sand shall be a maintenance pay item only. Basis of payment shall be
per square yard. The application of Prime and Sand or Tack on paving projects shall be included in
the bid price of the asphalt under the 334 and 337 pay items. (Section 916).
Basis of payment shall be under:
Item No. 2-1 Prime and Sand - per square yard.
Asphalt Membrane Interlayer
The pay item for Asphalt Membrane Interlayer includes cost of all work, materials, equipment, and
incidentals associated with the application of asphalt binder material covered with a single application
of aggregate, as specified in Section 341.
Basis of payment shall be under:
Item No. 341-1-1 Asphalt Membrane Interlayer- per square yard.
GROUP III — Milling Existing Asphalt
Milling Existing Asphalt Pavement(Contractor)
The basis of payment for milling shall be determined by multiplying the contract unit bid price (per
square yard-inch) by the required mill depth (inches) from the individual project bid solicitation. The
ultimate bid price for an individual project may not exceed the set contract rate for milling multiplied
by the individual project thickness in inches. The milling material under this pay item will become the
property of the Contractor. (Section 327).
Basis of payment shall be under:
Item No. 327-70A Milling Existing Asphalt Pavement- per square yard.
Milling Existing Asphalt Pavement(Yankee Lake)
The basis of payment for milling shall be determined by multiplying the contract unit bid price (per
square yard-inch) by the required mill depth (inches) from the individual project bid solicitation. The
ultimate bid price for an individual project may not exceed the set contract rate for milling multiplied
by the individual project thickness in inches. The milling material under this pay item will become the
property of Seminole County, to be delivered by the Contractor to 501 Yankee Lake Rd, Sanford.
(Section 327).
Basis of payment shall be under:
Item No. 327-70B Milling Existing Asphalt Pavement (Yankee Lake)- per square yard.
Milling Existing Asphalt Pavement(Oviedo Yard)
The basis of payment for milling shall be determined by multiplying the contract unit bid price (per
square yard-inch) by the required mill depth (inches) from the individual project bid solicitation. The
ultimate bid price for an individual project may not exceed the set contract rate for milling multiplied
by the individual project thickness in inches. The milling material under this pay item will become the
IFB-603616-19/BJC—Pavement Management Program
property of Seminole County, to be delivered by the Contractor to 1620 N. County Rd 426, Oviedo.
(Section 327).
Basis of payment shall be under:
Item No. 327-70C Milling Existing Asphalt Pavement(Oviedo Yard) - per square yard.
Milling Existing Asphalt Pavement(5 Points Yard)
The basis of payment for milling shall be determined by multiplying the contract unit bid price (per
square yard-inch) by the required mill depth (inches) from the individual project bid solicitation. The
ultimate bid price for an individual project may not exceed the set contract rate for milling multiplied
by the individual project thickness in inches. The milling material under this pay item will become the
property of Seminole County, to be delivered by the Contractor to 4170 S. Orlando Dr. Sanford.
(Section 327).
Basis of payment shall be under:
Item No. 327-70D Milling Existing Asphalt Pavement (5 Points Yard) - per square yard.
Milling Existing Asphalt Pavement(Relocate)
The basis of payment for milling shall be determined by multiplying the contract unit bid price (per
square yard-inch) by the required mill depth (inches) from the individual project bid solicitation. The
ultimate bid price for an individual project may not exceed the set contract rate for milling multiplied
by the individual project thickness in inches. The milling material under this pay item will become the
property of Seminole County and is to be delivered by the Contractor to any location specified that is
within 5 miles of the project limits. (Section 327).
Basis of payment shall be under:
Item No. 327-70E Milling Existing Asphalt Pavement(Relocate)- per square yard.
Note:
• Prior to beginning any paving or milling activities, the Contractor is required to give 24 hour notice
to the Engineer/CCEI.
GROUP IV
Temporary Retroflective Pavement Markers (RPM)
Price for Temporary RPM shall include layout, materials and application of temporary RPM to
supplement temporary lane lines. Payment shall be based on final measurements of RPM's.
(Section 102).
Basis of payment shall be under:
Item No. 102-78 Temporary Retroflective Pavement Markers - each.
IFB-603616-19/BJC—Pavement Management Program
a ,
Temporary Pavement Markings
Price for Temporary Pavement Markings shall include layout, materials and application of paint and/or
removable tape. Payment shall be based on final measurements of removable tape, painted stripes,
or painted messages. (Section 102 & 710).
Basis of payment shall be under:
Item No. 102-911-2 Removable Tape (White/Black)- 6" - per foot.
Item No. 102-912-2 Removable Tape (Yellow) -6" - per foot.
Item No. 710-11-xxx Temporary Pavement Marking, Paint, Solid - per foot.
Item No. 710-11-xxx Temporary Pavement Marking, Paint, White, Message - each.
Item No. 710-11-xxx Temporary Pavement Marking, Paint, White, Arrow- each.
GROUP V — Miscellaneous Items
Liquidated Damages (LD)
This item (LD) is a project specific item to be used with a predetermined number of contract days for
time of completion. All pertinent project information, including identification of roadway type
(major/minor) and number of contract days shall be included in the bid solicitation documents. Any
project exceeding the allowable contract days will be subject to LD's as determined by the
Engineer/CCEI.
End of Project punch list NOT completed within 30 days will be subject to LD's as determined by the
Engineer/CCEI.
Time and weather shall be tracked and documented according to guidelines set by the FDOT
Standard Specifications and amended in these contract documents.
General Conditions Sub-Section 3.2 is amended to include Article 5-2 of the 2019 FDOT Standard
Specifications for Road and Bridge Construction regarding governing order of documents.
General Conditions Sub-Section 6.2.3: Work hours of 7:00 AM to 6:00 PM are amended to: 8:30 AM
to 4:30 PM Monday thru Friday for daytime work, and 8:00 PM to 6:00 AM Sunday thru Thursday for
nighttime work, and can be superseded by the bid solicitation documents as required. Any work
performed outside of the hours stated in the bid solicitation will NOT be accepted or paid for without
prior approval or authorization of the Engineer/CCEI.
General Conditions Sub-Section 6.42 and 6.43: Work suspensions, contractor vacations, and
holidays are NOT included in the computation of contract time and will not be considered for time
extensions.
General Conditions Sub-Sections 11.9.2 and 12.1.1.1.3: No days have been included in the
Construction time estimate for utility adjustments. Time extensions will be granted, on a day for day
basis,for delays caused by utility adjustments by others only if no other work can be completed during
such time. Time extensions may be granted, on a day for day basis, for delays caused by the effects
of rains or other inclement weather conditions only after 5 (five) weather days and if no other work
can be completed during such time. Time extension due to weather shall be reviewed and approved
by the Engineer/CCEI on a case-by-case basis. Time extensions granted under these sub-sections
shall not be applied to MOT days specified in item 102-1 of the bid solicitation documents.
IFB-603616-19/BJC—Pavement Management Program
It is noted that Sub-Section 6-1.3 of the 2019 FDOT Standard Specifications regarding material
certifications, shall apply to this contract and shall not be superseded by the General Conditions.
Payment for LD is set at a rate of(-) $500.00 for each day for minor streets/roads.
Payment for LD is set at a rate of(-) $1000.00 for each day for major roads.
A roadway is determined to be a minor street/road if it has an ADT less than 4,000 vehicles per day;
otherwise it is considered a major road.
Basis of payment shall be under:
Item No. 5-1 Liquidated Damages LD (For Major Roads)—per day.
Item No. 5-2 Liquidated Damages LD (For Minor Streets/Roads)—per day.
Mobilization Charge
These items are intended to be used for two types of mobilization. Routine mobilization on projects
shall include all labor, equipment, and material specified in Section 101. The price bid for routine
mobilization shall not exceed 5% of the contract total. Emergency mobilization is also included to
address special 24-hour emergency circumstances only. (Section 101).
Basis of payment shall be under:
Item No. 101-1 Mobilization Charge -each.
Item No. 101-2 Mobilization Charge for 24-hour emergency response - each.
Maintenance of Traffic (MOT)
The price for MOT shall be on a per day basis and shall be for a time not exceeding the MOT days
specified in item 102-1 in the bid solicitation documents. Items included in this pay item will be the
Arrow Board, required signs, channelizing devices, flaggers and other miscellaneous items typically
required to maintain traffic.
Time extensions that may be granted for delays due to utility adjustments and/or inclement weather
conditions will NOT be applied to the MOT days specified in item 102-1 the bid solicitation documents.
NO compensation will be made for time that exceeds the MOT days specified in item 102-1 of the bid
solicitation documents. The price bid for MOT shall not exceed $1500 per day. (Section 102).
Basis of payment shall be under:
Item No. 102-1 Maintenance of Traffic—per day.
Traffic Control Officer
The use of a Traffic Control Officer is defined in Section 102-7, as approved by the Engineer/CCEI.
Payment shall be per hour (2 hour minimum) and based on the hours worked by the officer as
recorded by the Engineer/CCEI. (Section 102).
Basis of payment shall be under:
Item No. 102-14 Traffic Control Officer—per hour.
Portable Changeable Message Sign (PCMS)
The use of PCMS shall be at the discretion and approval of the Engineer/CCEI. Payment shall be
based on the number of signs certified as installed/used on the project as recorded by the
Engineer/CCEI. (Section 102).
IFB-603616-19/BJC—Pavement Management Program
Basis of payment shall be under:
Item No. 102-99 Portable Changeable Message Sign —each day.
Rework Existing Asphalt Pavement
This item is intended to make corrections to existing asphalt surfaces using indirect heat primarily to
facilitate drainage and eliminate ponding on existing asphalt roadways.
Basis of payment shall be under:
Item No. 324-1 Rework Existing Asphalt Pavement— per square yard.
Manhole and Water Valve Ring Adjustment
The price of this item is for removal/replacement/installation of a manhole riser ring or water valve
cover to match the final asphalt surface. (Section 425).
Basis of payment shall be under:
Item No. 425-6 Water Valve or Similar Cover Adjustment-each.
Item No. 425-7 Manhole Ring Adjustment-each.
Asphaltic Concrete Curb
The price of this item is for the installation of asphalt curb. Maximum cross-sectional area of 0.5
square feet. (Section 525).
Basis of payment shall be under:
Item No. 525-1 Asphaltic Concrete Curb— per linear foot.
GROUP VI
FOB—Items
Price for all items in this group will either be picked up at the asphalt plant by the County or delivered
by the contractor where needed for Job Site items. (Section 320; 334 & 337).
Basis of payment shall be under:
Item No. 6-1 SP-12.5 Asphaltic Concrete, Traffic C— per ton.
Item No. 6-2 SP-9.5 Asphaltic Concrete, Traffic C— per ton.
Item No. 6-3 Asphaltic Concrete Friction Course, Traffic C, FC-12.5 (PG 76-22)— per ton.
Item No. 6-4 Asphaltic Concrete Friction Course, Traffic C, FC 9.5 (PG 76-22)— per ton.
Item No. 6-5 Asphalt Milling Material —per ton.
Item No. 6-6 Tack Type RS-1/RS-2—per gallon.
IFB-603616-19/BJC—Pavement Management Program
GROUP VII
Regular Excavation
The price for this item includes the grading excavation and removal of all materials.
(Section 120).
Basis of payment shall be under:
Items No. 120-1 Regular Excavation - per cubic yard.
Embankment
The price for this item includes all materials required to build an embankment.
(Section 120).
Basis of payment shall be under:
Item No. 120-6 Embankment- per cubic yard.
Flowable Fill
This item is intended to fill voids, stabilize shoulders on roadway or other location that may require a
method of permanently addressing areas of concern, includes all labor, equipment and materials.
(Section 121).
Basis of payment shall be under:
Item No. 121-70 Flowable Fill — per cubic yard.
Type-B Stabilization
The price for Stabilized Sub-grade includes all labor, equipment and materials that will be required to
construct and test a 12" Stabilized Sub-grade as specified by (Section 160).
Basis of payment shall be under:
Item No. 160-412"Type-B Stabilization LBR 40 —per square yard.
Base
The price for road base shall include all labor, equipment and materials that will be required to
construct road base Group (1, 6, & 9). Base groups 1 and 6 shall consist of limerock(LBR 100)only.
Base group 9 shall consist of limerock (LBR 100) or 6" Type B-12.5, as specified by the bid
documents. (Section 285).
Basis of payment shall be under:
Item No. 285-xxx Base Group- x- per square yard.
Performance Turf, Sod
The price for this item includes all work necessary to prepare the surface and place sod in areas
indicated in the bid solicitation. (Section 570).
Basis of payment shall be under:
Item No. 570-1-2 Performance Turf, Sod— per square yard.
IFB-603616-19/BJC—Pavement Management Program
Shoulder Rework
The price for this item includes the grading and mixing of roadway shoulders according to FDOT
Design Standard Index 105. Sodding of shoulder rework area is included in this item.
Basis of payment shall be under:
Item No. 577-70 Shoulder Rework - per square yard.
NOTES:
• Performance Bond, Payment Bond and Materials and Workmanship Bonds will be required for
this project.
IFB-603616-19/BJC—Pavement Management Program
Part 4
Price Submittal
IFB-603616-19/BJC - Pavement Management Program
Name of Bidder: Middlesex Paving, LLC.
Mailing Address:One Spectacle Pond Road, Littleton. MA 01460
Street Address: 10801 Cosmonaut Blvd
City/State/Zip: Orlando, Florida 32824
Phone Number: (407 ) 206-0077 FAX Number:_(407) 206-3558
E-Mail Address: dsocci(d)-middlesexcom.com& imeier(a1middlesexco.com
Prusuant to and in compliance with the IFB Documents, the undersigned Bidder agrees to
provide and furnish any and all of the labor, material, tools, equipment, incidentals and
transportation services necessary to complete all of the Work required in connection with the
Bid Documents for the amount hereinafter set forth. Bidder declares that the only persons or
parties interested in this bid as principals are those named herein; that this bid is made without
collusion with any person, firm or corperation; and he proposes and agrees, if the bid is
accepted, that he / she will accept to enter into an Ageement with the COUNTY in the form set
forth in the Purchase Order and solicitation Documents. The cost of the units shall include all
costs, including but not limited to:
General Administrative Overhead, fringe and benefits and profit, all documentation
required for operation, delivery/transportation of unit(s)to the County's delivery
address, indirect costs, i.e., insurance, ect., and indirect labor costs.
Group 1 -Asphalt Subtotal: $ 28,038,400.00
Group II -Sand and Seal in-place Subtotal: $ 147,625.00
Group III - Milling Subtotal: $ 1,109,500.00
Group IV- Striping Subtotal: $ 97,825.00
Group V- Miscellaneous Items Subtotal: $ 171,750.00
Group VI -Asphalt Materials (materials only) Subtotal: $ 364,000.00
Group VII - Earthwork Subtotal: $ 1,794,000.00
TOTAL BID: $ 31,723,100.00
Performance/Payment/Material-Workmanship Bonds Costs: $ 238,750.00
(Do not include in Unit Costs)
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ORDER NUMBER:
FLORIDA SALES:8"013708974C-0 Board of County Commissioners ALL PACKING SLIPS INVOICES AND CORRESPONDENCE
FEDERALSALES/USE:59.6000856PURCHASE ORDER MUST REFER TO THIS ORDER NUMBER
S ORDER DATE
H T _ w REQUISITION
O SENIIN()CF C M7Y REQUESTOR
p fimms NVUtAtOio.o VENDOR#
V ORDER INQUIRIES
EPURCHASING AND CONTRACT DIVISION
N EXHIBIT B, 1301 EAST SECOND STREET
D SANFORD FLORIDA 32771
O PHONE 407 665-7116/FAX 407 665-7956
R ANALYST
DELIVERY
ITEM# QTY UNIT I ITEM DESCRIPTION UNIT PRICE EXTENDED PRICE
THIS ORDER IS SUBJECT TO THE TERMS&CONDITIONS TOTAL AMOUNT
ON THE REVERSE SIDE OF THIS ORDER.
SUBMIT ALL INVOICES IN DUPLICATE TO:
CLERK-B.C.C.FINANCE DIVISION
POST OFFICE BOX 8080
SANFORD,FL 32772
Accts.Payable Inquiries-Phone(407)665 7656
Terms and Conditions
1.AGREEMENT. This Purchase Order including these terms, conditions, is option, may require the Supplier, at the Supplier's expense, to: (a)
and other referenced documents such as solicitations,specifications, and promptly repair or replace any or all rejected goods,or to cure or re-perform
responses constitute the sole and entire agreement between the parties any or all rejected services, or(b)to refund the price of any or all rejected
hereto. The County does hereby retain the Supplier to furnish those goods or services, All such rejected goods will be held for the Supplier's
services/commoditfes and perform those tasks as described in this prompt inspection at the Supplier's risk. Nothing contained herein shall
purchase order and as further described in the scope of services,attached relieve, in any way, the Supplier from the obligation of testing, inspection,
hereto and incorporated herein,if applicable.This order shall be construed and quality control.
and interpreted under the laws of the State of Florida. Jurisdiction and 9.TAXES.Seminole County Government is a non-profit organization and not
venue,with respect to any suit in connection with this order,shall reside in subject to tax.
Seminole County,Florida. 10. FLORIDA PROMPT PAYMENT ACT. Suppliers shall be paid in
2.DELIVERY OF GOODS AND SERVICES.Failure to deliver the items or accordance with the State of Florida Prompt Payment Act, Section 218.70,
provide the service hereby ordered strictly within the time specified shall Florida Statutes,upon submission of proper invoice(s)to County Clerk of the
entitle the County to cancel this order holding the Supplier accountable Court and Comptroller,P.O.Box 8080,Sanford,Florida 32772.Invoices are
therefore, and may charge the Supplier with any increased cost or other to be billed at the prices stipulated on the purchase order.All invoices must
loss incurred thereon pursuant to Chapter 672 of the Florida Statutes, reference Seminole County's order number.
unless deferred shipment is requested and agreed to by the County in 11.PAYMENT TERMS.It shall be understood that the cash discount period
writing.Payment or acceptance of any item after the delivery date shall not to the County will be from the date of the invoice and not from the receipt of
constitute a waiver of the County's right to cancel this order with respect to goods/services.
subsequent deliveries. 12.PRICE PROTECTION.Supplier warrants that the price(s)set forth herein
3, WARRANTY. Supplier warrants all materials and services covered by are equal to the lowest net price and the terms and conditions of sale are as
this order to conform strictly to the specifications,drawings,or samples as favorable as the price(s),terms, and conditions afforded by the Supplier to
specified or furnished, and to be free from latent or patent defects in any other customer for goods or services of comparable grade or quality
material or workmanship. If no quality is specified,the Supplier warrants to during the term hereof.Supplier agrees that any price reductions made in the
County that the goods or service shall be of the best grade of their goods or services covered by this order, subsequent to its acceptance but
respective kinds, or will meet or exceed the applicable standards for the prior to payment thereof,will be applicable to this order.
industry represented; and is fit for County's particular purpose. Supplier 13.PACKAGING AND SHIPPING.Unless otherwise specified, all products
further warrants that at the time the goods or services are accepted by shall be packed,packaged,marked,and otherwise prepared for shipment in
County, they shall have been produced, sold, delivered, and furnished in a manner that is: (a)in accordance with good commercial practice;and(b)
strict compliance with all applicable Federal and State laws, municipal acceptable to common carriers for shipment at the lowest rate for the
ordinances, regulations,rules,labor agreements,and working conditions to particular product,and in accordance with ICC regulations,and adequate to
which the goods or services are subject.In addition to,and not in lieu of the insure safe arrival of the product at the named destination and for storage
above,that at the time of acceptance,the goods or services are applicable, and protection against weather. Supplier shall mark all containers with
meet or exceed the applicable standards imposed by(a)Consumer Product necessary lifting, handling, and shipping information, and also this order
Safety Act,(b)Occupational Safety and Health Act(Public Law 91-5961,as number,date of shipment,and the name of the consignee and consignor.An
amended, (c) Fair Labor Standards Act, as amended, and (d) the goods itemized packing sheet must accompany each shipment. All_shipme_nts,
and services furnished hereunder aye free of any claims or liens of unless specified differently,shall be FOB destination.
whatever nature whether rightful or otherwise of any person, corporation, 14.QUANTITY. The quantities of goods, as indicated on the face hereof,
partnership,or association. must not be exceeded without prior written authorization from County.
4. MODIFICATIONS. This order can be modified or rescinded only in Excess quantifies may be returned to Supplier at Supplier's expense.
writing by the parties or their duly authorized agents. 15. ASSIGNMENT. Supplier may not assign, transfer, or subcontract this
5. TERMINATION. The County may, by written notice to the Supplier, order or any right or obligation hereunder without County's written consent.
terminate this order,in whole or in part,at any time,either for the County's Any purported assignment transfer or subcontract shall be null and void.
convenience or because of the failure of the Supplier to fulfill Supplier's 16. EQUAL OPPORTUNITY EMPLOYER. The County is an Equal
agreement obligations. Upon receipt of such notice, Supplier shall Employment Opportunity(EEO)employer,and as such requires all Suppliers
discontinue all deliveries affected unless the notice directs otherwise. In or vendors to comply with EEO regulations with regards to gender, age,
such event, County shall be liable only for materials or components race,veteran status,country of origin,and creed as may be applicable to the
procured, or work done, or supplies partially fabricated within the Supplier.Any subcontracts entered into shall make reference to this clause
authorization of this order. In no event shall County be liable for incidental with the same degree of application being encouraged.When applicable,the
or consequential damages by reason of such termination. Supplier shall comply with all State and Federal EEO regulations.
6. INDEMNIFICATION. Supplier agrees to protect, indemnify, save, and 17.RIGHT TO AUDIT RECORDS.The County shall be entitled to audit the
hold harmless County, its officers, and employees from and against all books and records of Supplier to the extent that such books and records
losses, costs, and expenses, and from and against all claims, demands, relate to the performance of the order or any supplement to the order.
suits,and actions for damages,losses,costs,and expenses and from and Supplier shall maintain such books and records for a period of three (3)
against all liability awards, claims of patent infringement,judgments, and years from the date of final payment under the order unless the County
decrees of whatsoever nature for any and all damages to property of the otherwise authorizes a shorter period in writing.
County or others of whatsoever nature and for any and all injury to any 18.FISCAL YEAR FUNDING APPROPRIATION.Unless otherwise provided
persons arising out of or resulting from the negligence of Supplier, breach by law, a order for supplies and/or services may be entered into for any
of this order in the manufacture of goods, from any defect in materials or period of time deemed to be in the best interest of the County provided the
workmanship,from the failure of the goods to perform to its full capacity as term of the order and conditions of renewal or extension,if any,are included
specified in the order,specification,or other data,or from the breach of any in the solicitations,and funds are available for the initial fiscal period of the
express or implied warrants. The remedies afforded to the County by this order. Payment and performance obligations for succeeding fiscal periods
clause are cumulative with,and in no way affect any other legal remedy the shall be subject to the annual appropriation by County.
County may have under this order or at law. 19.FAILURE TO ACCEPT PURCHASE ORDER.Failure of the Supplier to
7. INSURANCE. Supplier shall obtain and maintain in force adequate accept the order as specified may be cause for cancellation of the award.
insurance as directed by the County.Supplier may also be required to carry Suppliers who default are subject to suspension and/or debarment.
workers'compensation insurance in accordance with the laws of the State 20.AGREEMENT AND PURCHASE ORDER IN CONFLICT.Whenever the
of Florida.Supplier shall furnish County with Certificate of Insurance for all terms and conditions of the Main/Master Agreement conflict with any
service related purchase orders and other specialized services performed Purchase Order issued pursuant to it, the Main/Master Agreement shall
at Supplier's location. Any certificate requested shall be provided to the prevail.
Purchasing and Contracts Division within ten (10) days from notice. 21.FLORIDA PUBLIC RECORDS ACT.Vendor must allow public access to
Supplier shall notify the County in the event of cancellation, material all documents,papers,letters or other material,whether made or received in
change, or altercation related to the Supplier's Insurance Certificate. All conjunction with this Purchase Order which are subject to the public records
policies shall name Seminole County as an additional insured. act,Chapter 119,Florida Statutes.
8. INSPECTION. All goods and services are subject to inspection and
rejection by the County at any time including during their manufacture,
construction, or preparation notwithstanding any prior payment or Rev.6/2017
inspection.Without limiting any of the rights it may have,the County,at
Bond No. 107135053
PERFORMANCE BOND
($500,000.00)
Seminole County Contract No. IFB-603616-10/BJC
KNOW ALL MEN BY THESE PRESENTS that:
Middlesex Paving, LLC
(Name of CONTRACTOR)
10801 Cosmonaut Blvd, Orlando, Florida 32824
(Address of CONTRACTOR)
CONTRACTOR's Telephone Number: 407-206-0077
a Corporation
(Corporation, Partnership, or Individual)
hereinafter called Principal, and Travelers Casualty and Surety Company of America
(Name of Surety)
One Tower Square,Hartford, CT 06183
(Address of Surety)
Surety's Telephone Number: (860) 277-0111
hereinafter called Surety, are held and firmly bound unto SEMINOLE COUNTY, 1101 East First
Street, Sanford, Florida 32771, hereinafter called COUNTY, in the sum of Five Hundred
Thousand and 00/100 DOLLARS ($ 500,000.00------------ ) in lawful money of the
United States, for the payment of which sum well and truly to be made, we bind ourselves,
successors, and assigns, jointly and severally, firmly by these presents. The sum shall not be
less than five hundred thousand ($500,000.00).
COUNTY's telephone number is (407) 665-7116. THE CONDITION OF THIS OBLIGATION is
such that whereas he Pri ipal entere�i into a certain Agreement with COUNTY, dated the
.2(o day of 201y a copy of which is hereto attached and made a part
hereof for the Pavement Management Program in Seminole County.
Legal Description of Property: Seminole County
Pavement Management Program in Seminole County
General description of the Work: The CONTRACTOR is responsible for all labor, materials
equipment, coordination, and incidentals necessary for all Work related to the Pavement
Management Program within Seminole County.
PERFORMANCE BOND Page 1 of 5
`
. . .
' .
This Bond is being entered into to satisfy the requirements of Section 255.05. Florida Statues,
and the Agreement referenced above, 8sthe same may beamended.
NOW, THEREFORE, the condition of this obligation is such that if Principal:
1. Promptly and faithfully performs its duties, all the oovenoDta, tenns,
conditions, and agreements ofsaid Agreement including, but not limited, to the
guaranty period and the warranty provisions, in the time and manner prescribed
inthe Agreement; and
2, Pays COUNTY all liquidated damages, losses, damages, delay damages,
oxpenoes, costs, and attorneys h*as, including costs and attorneys foes on
appeal that COUNTY sustains resulting from any breach or default by Principal
under the Agreement
then this bond isvoid; otherwise itshall remain infull force and effect.
The coverage of this Performance Bund is co-equal with each and every obligation of the
Principal under the above-referenced Agreement and the Contract Documents of which the
Agreement ioupart except that the coverage Vfthe Performance Bond islimited to1O0percent
of the Contract Price.
|nthe event that the Principal shall fail toperform any ofthe terms, covenants, and conditions of
the Agreement and the Contract Documents of which the Agreement is a part during the period
in which this Performance Bond is in effect` the Surety shall remain |imb|a to COUNTY for all
such direct loss ordamage (including reasonable attorneys fees and costo and attorneys fees
and costs on appeal) resulting from any failure to perfonn, up to $500.000.00 and for Indirect
damages as determined by COUNTY up to an additional twenty percent /20%\ over the
adjusted amount.
In the event that the Surety fails to fulfill its ob|/Qebnns under this Performance Bond. then the
Surety shall also indemnify and hold COUNTY harmless from any and all loss, dannage, cont
and expense, including reasonable attorneys fees and costs for all trial and appellate
procegdings, nB$u|UnQ from the SUnah/'o failure to fulfill its obligations hereunder up to
$500.000.00.
The Surety stipulates and agrees that its obligation is toperform the Principal's Work under the
Agreement under the Bond. The following preventative options by the Surety are encouraged;
however, preventative options shall not be considered under the Bond: (i) Surety's financing of
the Principal to keep Principal from defaulting under the Contract Documents; and (ii) Surety's
offers tuCOUNTY tobuy back the Bond. The Surety agrees that its obligation under the bond
is to: /i\ take over performance of the Principals' Work and be the completing Surety even if
performance of the Principal's Work exceeds the adjusted Principals' Contract Price; or (ii) re-
bid and re'|eithm Phno/po|s'YVurk to a completing contractor with Surety remaining liable for the
completing contractor's performance of the Principal's Work and furnishing adequate funds to
complete the Work. The Surety acknowledges that its cost of completion upon default by the
PERFORMANCE BOND Page 2 of
`
`
Principal may exceed the Contract Price. In any event. the Principal's Contract Time is of the
essence and applicable delay damages are not waived byCOUNTY.
The Suroh/, for value namsivad. hereby stipulates and agrees that its obligations hereunder shall
be direct and immediate and not conditional or contingent upon C[)UNTY's pursuit of its
remedies against Principal, however, such obligation shall only arise upon a declaration of
default of the Principal and shall remain in full force and effect notwithstanding (i) amendments
or modifications to the Agreement entered into by COUNTY and Principal without Surety's
knowledge or consent; and (i|) the discharge of Principal as o m*Guh of any proceeding initiated
under the Bankruptcy Code of 1978. as the same maybe anaended, or any similar state or
hydems/ {aw, or any |irnibydOns of the liability of Principal or its estate as a result of any such
proceeding.
Any changes in or under the Agreement and Contract Documents and oorDp/imDoe or
noncompliance with any formalities connected with the Agreement nrthe changes therein shall
not affect Surety's obligations under this Bond and Surety hereby waives notice of any such
changes. Hoxvewer, in the event Change (]pdono (unilateral or directive change orders and
bilateral change orders) orother modifications to the Agreement and Contract Documents are
executed exceeding 110 percent of the contract price. the Surety shall be notified by COUNTY
of such increased by CDUNTY, and the Principal ahuU be required to increase the sum of the
Bond to be commensurate with the increased Contract Price.
The Pedbnnnnoe Bond and the Payment Bond and the covered arnpunba ofeach are separate
and distinct from each other.
This Performance Bond is intended to comply with the requirements of Section 255.05. Florida
8tatuben, as amended, and addihonQUy, to provide contract rights more expansive than an
required by statute,
(End ofDocument—Signature Pages Follow)
PERFORMANCE BOND Page 3of5
'
IN' WITNESS ),HEREOF, this instrument is executed this o-X day of4&�
ATTMST. PRINCIPAUCONTRACTOR
Middlesex Paving,LLQ.
Ely:
(Officer)
bq';�,nne.' P eter J. Martinkus Nanje:- David Socci----,,---,--
vrea C",i--4nnted (Typed or Printed)
Title:Sr. V .Preconstruction &Manager
dress: One Spectacle Pond Road
City, ST 2'IP- Littleton, MA 01460
A
V—V r kr— —s%
Ls�—t-—I , r--C)
Pr' lame
rint4ne s
I
amlqed(CA r?
(Surety Signature Page Follows)
PERFORMANCE BOND Page 4 of 5
ATTEST: SURETY
Travelers Casualty and Surety Company of America
B By .11
e retary) 47
Name: Laurie Rothwell Name: Sandra C.Lopes,FL Non-Resident License No.W051270
(Typed or Printed) (Typed or Printed)
Title: Attorney-in-Fact
c/o Alliant Insurance Services,Inc.
Address: 131 Oliver Street 4th Floor
City, ST ZIP: Boston, MA 02110
Witness ^ _-
Nicholas Labbe
n t Na
Uness
Gabriela Camacho
Print Name
NOTE: Date of the Bond must not be prior to date of Agreement. If CONTRACTOR is a joint
venture, all venturers shall execute the Bond. If CONTRACTOR is a Partnership, all partners shall
execute the Bond.
IMPORTANT: Surety companies executing Bonds must appear on the Treasury Department's
most current list(Circular 570, as amended)and be authorized to transact business in the State of
Florida, unless otherwise specifically approved in writing by COUNTY.
All bonds shall be originals and issued or countersigned by a local producing agent who is
authorized to operate in the State of Florida. Attorneys-in-fact who sign Bid Bonds or
Performance/Payment Bonds must file with such bond a certified copy of their Power of Attorney to
sign such Bond. Agents of Surety companies must list their name, address, and telephone
number on all Bonds.
PERFORMANCE BOND Page 5 of 5
.
Bond No. 107135053
PAYMENT BOND
($500.000.00)
Seminole County Contract No. |FB-0O3O1t-19/BJC
KNOW ALL MEN BY THESE PRESENTS that:
Middlesex Paving, LLC
(Name of CONTRACTOR)
|0O| Cosmonaut Blvd, (}dondn Florida 32824
(Address of CONTRACTOR)
C(]NTRACTDR'eTelephone Number: 407-206-0077
�
Corporation
(Corporation, Partnership, or Individual)
hereinafter called Principal, andAmerica
(Name of Surety)
One Tower Square,Hartford, CT 06183
(AddrensofSurety)
Surety's Telephone Number: (860) 277'0111
hereinafter called Suneh/, are held and firmly bound unto SEK4|NOLECOUNTY, 1101 East First
Street, Sanford, Florida 32771, hereinafter called COUNTY, in the sum of Five Hundred
Thousand DOLLARS ($500,000.00) in lawful money of the United 8taham, for the payment of
which sum well and truly to be made, we bind nurse|vee, successors, and mms!gna, jointlyand
severally, firmly bythese presents.
{|C}UNTY'ste(ephone number is (407) 865-7118, THE CONDITION OF THIS OBLIGATION is
that whers th p | entered into a certain Agreement with COUNTY, dated the
fe day of 20LI, e copy ofwhich is hereto attached and made a pert
hereof for the Pavement Management Program inSeminole County.
Legal Description ofProperty: Seminole County
Pavement Management Program in Seminole County
General description of the Work: The CONTRACTOR is responsible for all |abor, mo0ario|a,
oquiprnent, coondinaUon, and incidentals necessary for all Work related to Pavement
Management Pro-gram within Seminole County.
PAYMENT BOND
' . . .
.
NOWTHEREFORE, the condition of this obligation is such that if Principal shall promptly make
payments to all claimants as defined in Section 255.05(1)` Florida Statutes, supplying Principal
with labor, nn@te[ia|a, or supplies, used directly orindirectly by Principal in the prosecution of the
Work provided for in the Agreement, then this obligation shall be void, othenwiae, it shall remain
/nfull force and effect subject, however, tothe following conditions:
1. This Bond is furnished for the purpose of complying with the requirements of Sect/on
255.05` Florida Statutes, as oonoe may be amended.
2. It is a specific condition of this Bond that a claimant's right of action on the Bond is
limited to the provisions of Section 255.05. Florida S18iutes, induding, but not Unn|ied to. the
one-year time limitation within which suits may be brought.
3. This Bond is conditioned that CONTRACTOR shall promptly make payments to all
persons defined /n Section 713.05, Florida Statutes' whose claims derive from the prosecution
ofthe Work provided for inthe Agreement.
Thorefore, o claimant, except e [mboner, who is not in privity with the CONTRACTOR sha||,
within forty-five (45) days after beginning to furnish |ebor, rnmterio|a, or supplies for the
prosecution of the VVo/k' furnish CONTRACTOR with a notice that (s)he may look to the Bond
for protection. A claimant who is not in privity with the CONTRACTOR and who has not
received payment for his/her |abor, materials, supplies, or nental equipment within ninety /90\
days after final furnishing of the |8bor, services, rnat$rie\m, or equipment by c|aimant, deliver to
CONTRACTOR and to the Surety written notice of the performance of the labor or delivery of
the materials orsupplies and ofthe nonpayment. Noaction for the labor, materials, mrsupplies
may beinstituted against CONTRACTOR nrthe Surety onthe bond after one (1)year from the
performance of the labor or completion of the delivery of the materials or supplies,
`
4. Any changes in or under the Agreement or Contract Documents and compliance or
noncompliance with any formalities connected with the Agreement orthe changes therein shall
not affect Surety's obligations under this Bond and Surety hereby waives notice of any such
changes. FUrther. Principal and Sunmh/ acknowledge that the sum of this Bond shall increase or
decrease in accordance with the Change Orders (unilateral or directive change orders and
bilateral change orders) or other modifications to the Agreement or Contract Documents.
5, The Performance Bund and the Payment Bond and the covered onnoun10 of each are
separate and distinct from each other. The Payment Bond shall be construed as o statutory
Payment Bond under Section 255.05. Florida Statutes, and not asacommon law bond.
PAYMENT BOND
IN WITNESSMEREOF, this instrument is executed this day of
20__.
A T TEST: PRINCIPAUCONTRACTOR
Middlesex Paving,LLC.
Bv,
(6f Ficer
-srie- Peter J. Martinkusa.v Ijan David Socci
T -)�d or R"nf- d�
V
T;21e: Sr. V.P.Preconstruction&Manager
Addt-e-s-s. . One Spectacle Pond Road
City, z,ip— Littleton, MA 01460
Witness
n e�-sAO
/Xc
Win s
Print t4armee
(Surety Signature Page Follows)
PAYMENT BOND
ATTEST: SURETY
Travelers Casualty and Surety Company of America
J '(
By: / 1 `
( eta ry) fficer
Name: Laurie Rothwell Name: Sandra C.Lopes,FL Non-Resident License No.W051270
(Typed or Printed) (Typed or Printed)
Title: Attorney-in-Fact
c o Alliant Insurance services,Inc.
Address: 131 Oliver Street, 4th Floor
_ City, ST ZIP: Boston,MA 02110
Witness
'cholas Labbe
fitness
Gabriela Camacho
Print Name
NOTE: Date of the Bond must not be prior to date of Agreement. If CONTRACTOR is a joint
venture, all venturers shall execute the Bond. If CONTRACTOR is a Partnership, all partners shall
execute the Bond.
IMPORTANT: Surety companies executing Bonds must appear on the Treasury Department's
most current list(Circular 570, as amended)and be authorized to transact business in the State of
Florida, unless otherwise specifically approved in writing by COUNTY.
All bonds shall be originals and issued or countersigned by a local producing agent who is
authorized to operate in the State of Florida. Attorneys-in-fact who sign Bid Bonds or
Performance/Payment Bonds must file with such bond a certified copy of their Power of Attorney to
sign such Bond. Agents of Surety companies must list their name, address, and telephone
number on all Bonds.
PAYMENT BOND
. ^ . .
^ .
Bond No. lO7l35053
MATERIAL AND WORKMANSHIP BOND
($250,000.00)
Seminole County Contract No. /FB'603018-18/BJC
KNOW ALL MEN BYTHESE PRESENTS that:
Middlesex Paving, LLC
(Name VfCONTRACTOR)
lO00lCosmonaut Blvd, Qr|oodn Fl. 32824
(Address ofCONTRACTOR)
COMTRACT[]R'sTelephone Number: 407-206-0077
m
Corporation
(Corporation, Partnership, or Individual)
hereinafter called Principal, and Travelers Casualty and Surety Company ofAmerica
(Name of Surety)
One Tower Square,Hartford,CT 06183
(Address of Surety)
Surety's Telephone Number: (860) 277-011.1
' ` \ !
hereinafter called Surety, are held and firmly bound unto SEM|NOLECOUNTY, 1101 East First
Street, SenfVnd, Florida 32771, hereinafter called C(]UNTY, in the sum of $250,000.00 as
adjusted under the Contract Documents in lawful money of the United States, for the payment of
which sum well and truly to be made, we bind ourme|ves, successors, and assigns, jointlyand
severally, firmly bythese presents.
COUNTY's telephone number is (407) 685'7110. THE CONDITION OF THIS OBLIGATION is
thatwh th Pr* icipal entered into a certain Agreement with C[)UNTY, dated the
day of m copy of which is hereto mftaohmd and made a part
hereof for the Pavement Management Program inSeminole County.
Principal isobligated hzprotect the County against any defects resulting from faulty Materials or
Workmanship of said improvements for a period of two (2) years from the dab* of Final
Completion under the Contract Documents.
The conditions of this obligation are such that if Principal shall promptly and faithfully protect the
COUNTY against any Defects resulting from faulty K8ahada|o and Workmanship of the aforesaid
improvements for a period of two /2\ years from the date of Final Connp|*tioo, then this
obligation shall be null and vnid, otherwise it shall remain infull force and effect.
MATERIAL AND WORKMANSHIP BOND