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HomeMy WebLinkAbout2019 08 12 Consent 303 - Asphalt Street Resurfacing Agreement CONSENT AGENDA ITEM 303 CITY COMMISSION REVISED AGENDA AUGUSTI2, 2019 1 REGULAR MEETING 1959 TITLE Asphalt Street Resurfacing Agreement SUMMARY The Fiscal Year 2018-2019 Asphalt Street Resurfacing Program consists of milling and resurfacing City streets at various locations based on Staff's review of the Paving Master Plan. Streetsfor resurfacing wereselected and ranked based on thefollowing factors: Overall ride quality Traffic Volume Pavement Age Signs of pavement deterioration and/or structural failure Completion of multi-phase paving programs in specific neighborhoods or on specific streets Input from Staff and Residents Funding availability Thisyear's paving program consists of the streets listed in the Winter Springs Project Agreement, Exhibit A. The list is subject to change depending on project conditions. The Middlesex Corporation entered into an Agreement with Seminole County of Pavement Management Program Services (#IFM-602096-14/BJC) in December2014. This contract has been renewed through December 1, 2019 (Exhibit B). The City's purchase order with Middlesex will piggyback off of the unit prices in the Seminole County Agreement, and the work will be performed under an Agreement (Exhibit A) between Middlesex and the City. 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. Staff has also reviewed recent asphalt bids for similar projects in the area and determined that the unit prices in Middlesex's Seminole County Agreement are consistent with current market prices for asphalt milling and resurfacing. Middlesex has successfully completed many asphalt resurfacing projects for the City since 2008. Middlesex is scheduled to start work in August 2019 with completion by the end of September 2019. Fiscal Impact: The project cost is $366,087.40 plus a 10% contingency, for a total authorization of $622,696.14, funded by a combination of the Infrastructure Surtax Fund (One-Cent Sales Tax -3rd Generation) and Transportation Improvement Fund (Local Option Gas Tax) using already budgeted capital improvement dollars. RECOMMENDATION Staff recommends the City Commission approve the issuance of a purchase order to The Middlesex Corporation for Asphalt Resurfacing of City Streets in the amount of $566,087.40 plus a 10% contingency, for a total authorization of $622,696.14 and authorize the City Manager and City Attorney to prepare and execute any all applicable documents. s Incorporatec 1959 . A r Project Manual City of Winter Springs Asphalt Resurfacing of City Streets July 2019 INDEX TO PROJECT MANUAL City of Winter Springs Asphalt Resurfacing of City Streets August 2019 DIVISION 0— BIDDING REQUIREMENTS, CONTRACT FORMS,AND CONDITIONS OF THE CONTRACT SECTION 00300—BID FORM ................................................................................................................................... 3 SECTION 00500—AGREEMENT FORM.................................................................................................................... 8 SECTION 00610—PERFORMANCE BOND FORM................................................................................................... 18 SECTION 00620 - LABOR AND MATERIALS PAYMENT BOND................................................................................ 23 SECTION 00660— NOTICE OF AWARD FORM........................................................................................................ 26 SECTION 00661— NOTICE TO PROCEED................................................................................................................ 27 SECTION 00662—CONTRACTOR'S RELEASE OF LIEN............................................................................................ 28 SECTION 00663— FORM OF CONTRACTOR'S PARTIAL RELEASE OF LIEN ............................................................. 30 SECTION 00680—APPLICATION FOR PAYMENT ................................................................................................... 31 SECTION 00700—GENERAL CONDITIONS.............................................................................................................33 2 SECTION 00300—BID FORM 1. GENERAL 1.1 Description The following Bid is hereby made to the City of Winter Springs, hereafter called the OWNER. Bid is submitted by: Legal Name (indicate whether Sole Proprietorship, Partnership, or Corporation): Address: Contact Name: Contact Phone Number: Contact E-Mail Address: 1.2 The Undersigned: 1.2.1 Acknowledges receipt of: 1.2.1.1 Project Manual for Asphalt Resurfacing of City Streets 1.2.1.2 Addenda: Number: , Dated: Number: , Dated: 1.2.2 Has examined the site and all Bidding documents and understands that in submitting his Bid, he waives all right to plead any misunderstanding regarding the same. 1.2.3 Agrees: 1.2.3.1 To hold this Bid open for 60 calendar days after the bid opening date. 1.2.3.2 To enter into and execute a contract with the OWNER, if awarded on the basis of this Bid. 1.2.3.3 To accomplish the work in accordance with the contract documents. 1.2.3.4 To complete all work within 60 calendar days of the date of the Notice to Proceed (Final Completion) 3 1.3 Stipulated Amount 1.3.1 Base Bid I will provide the services under this project for a Total Base Bid Amount of Dollars The Bidder hereby agrees to perform all work as required by the Contract Documents for the following Unit Prices. All work required to be performed by the Contract Documents is to be included within the following Pay Items, inclusive of furnishing all manpower, equipment, materials and performance of all operations relative to construction of the project. Work for which there is not a Pay Item will be considered incidental to the Contract and no additional compensation will be allowed. The OWNER, at his sole option and discretion, may choose to add or deduct from the contract work at the unit prices set forth below.The Bidder shall be paid for actual quantities completed in accordance with the Contract Documents. The following is the order of precedence which will be used in case of conflicts within the Bid Schedule provided by each Bidder: Unit Price,Total Price, Total Base Bid (See attached Bid Form). 1.4 Bid Schedule 1.4.1 Proposals (Bids) must be submitted in triplicate on the Bid Form. 1.4.2 1 have attached a list of all SUBCONTRACTORS I will utilize for the Contract work. 1.5 Submittal RESPECTFULLY SUBMITTED, signed and sealed this day of 12019 Bidder By: Title: ATTEST: SECRETARY SEAL 4 c 2-0 ƒ \ E E u £ e ae / m - ® a = \ ƒ � > 8 § \ ± % E - - -CO: e ai \ / j \ ƒ \ M 0 } LL ® % \ 5 2 } � _ U 7 3 ) \ / k um 0 \ \ E / / / \ \ E 2 7 / , ƒ §LLI ) ^ W � M to � f 0 § 2 0 c 0 3 ( I \ 7 u ai \ \ D \ LA LA LA � / \ j i - / o - a ) E E c - : 2 - / E > O / k § _ \ \ E O � E 0 \ 6 -W , 2 z v ; \ � o � a bD - ) 2 � \ / / E \ } ' e 2 0 > - / / L \ \ 1 / % 2 @ 3 \ ) K x J ® f , -00E / ƒ 2 - _ g 2 ® c 0 / - \ \ \ai ] « a .. \ 2 ; 0 t s & LU ƒ 2 E j w 2 e o / 7 \ Ln _ % / e - Q 7 _ > @ � o / \ \ \ 0 / & 7 � � t \ � - / E m o % \ ai - \ % % 4 ) / k 2 u z { \ E ƒ 2 E - 0 w E % - - 2 i Q , § z LA« v g E \ / / ® E ) E- g o - LL 0§ ( i § ] ( \ w [ \ } � v o LU « n. - § a 2 / 7 7 ƒ g z h g & & 2 a k 0. o > 7 e c 2 \ $ LU Z � o � 3 0 E : 4 _ Ln § cn a § ) { / y / a - ) K J k / k § § § S \ \ \ \ \ \ \ j \ \ § k � � m _ � � E � � m m Q0} LU _ � o LO N N LO LO w o w n o N LOo # o o w o # w w n o o # # w w w w � � # n n w CO - CO - - - CO C\j 2 z / O LU 2 -J m 0 Q U) g q c c o w o q o q Lo q Cl) « o G o # w a 4 w Cl) w N E / a n Cl) # c o o LO o o c - _ o � 2 $ $ $ $ 2 � G G $ 10 LU L L L L L L L L L L L L L L 00000000000000a. < < < < < < < < < < < < < < ± ± ± ± ± ± ± ± ± ± ± ± ± ± LU 2 2 2 2 2 2 2 2 2 2 2 2 2 2 U) m m m m m m m m m m m m m 2 L L L L L L L L L L L L L L w ± ± ± ± ± ± ± ± ± ± ± ± ± ± 0 2 u k \ \ c / ® \ 2 \ / \ 2 3 \ / _ o - 0 E o 0E ƒ } E 2 \ z 0 ) \ § \ uco 7 \ 0) A \ / / j ( \ k \ } / \ 2 \ / % / } } \ \ Q Ln o > O = R 4 E > > / LU OD / f e / 2 / 2 § \ \ / 2 7 CL \ « « IL cm CL L \ / k / 2 \ 2 z ro \ / \ \ \ \ / - � "ti '01 o w c TI 7 � n # �It �� l I'�„� y �..� ..,h a �•�`i" Y n \ � el it,e, -41 j1 l Y � Y J N �I a s 4 � W. r1 SECTION 00500—AGREEMENT FORM THIS AGREEMENT MADE THIS DAY OF , 2019 between the CITY OF WINTER SPRINGS, a Florida municipal corporation (herein referred to as OWNER) and a corporation authorized and duly licensed to do business in the State of Florida (herein referred to as CONTRACTOR), as follows: 1. DESCRIPTION OF WORK — CONTRACTOR shall perform the work in accordance with the Contract Documents for the construction of Asphalt Resurfacing of City Streets 2. CONTRACT DOCUMENTS — The Contract Documents consist of this Agreement; the Project Manual including all Technical, General and Supplementary Conditions; all Addenda issued prior to and all Change Orders issued after execution of this Agreement; and Contractor's Bid Submittal. These form the Contract Documents and are incorporated into this Contract by this reference. 3. ORDER OF PRECEDENCE - In case of any inconsistency in any of the documents bearing on the Agreement between the OWNER and the CONTRACTOR, the inconsistency shall be resolved by giving precedence in the following order: a. Agreement and Addenda b. CONTRACTOR's Bid Submittal c. Change Orders d. Special Conditions e. General Conditions Any inconsistency in the work description shall be clarified by the OWNER and performed by the CONTRACTOR. 4. AGREEMENT INTERPRETATION - At its discretion, during the course of the work, should any errors, ambiguities,or discrepancies be found in the Agreement or specifications,the OWNER at its sole discretion will interpret the intent of the Agreement and work descriptions and the CONTRACTOR hereby agrees to abide by the OWNER's interpretation and agrees to carry out the work in accordance with the decision of the OWNER. When the material, article, or equipment is designated by a brand name and more than one brand name is listed, it will be understood that the work is based on one brand name only. The CONTRACTOR will be responsible for all coordination necessary to accommodate the material, article, or equipment being provided without additional cost to the OWNER. A substitute material, article, or equipment is allowed if it is reasonably equivalent to the brand name specified. The OWNER has full discretion to decide whether a substitute is reasonably equivalent. CONTRACTOR must notify the OWNER prior to use of the substitute for a specified brand name and allow the OWNER to make a determination before CONTRACTOR uses the substitute. 5. CONTRACTTIME-The CONTRACTOR shall begin work within 10 days after the issuance of a written Notice to Proceed and the Final Completion of all work shall be within 60 calendar days from the date of the Notice to Proceed. Extensions, if any, are authorized by OWNER, and may only be granted in writing. 8 6. LIQUIDATED DAMAGES - OWNER and CONTRACTOR recognize that time is of the essence of this Agreement and that OWNER will suffer financial loss if the Work is not substantially complete within the time specified in Paragraph 5 above, plus any extensions thereof allowed in accordance with the General Conditions. They also recognize the delays, expense, and difficulties involved in proving in a legal or arbitration preceding the actual loss suffered by OWNER if the Work is not substantially complete on time. Accordingly, instead of requiring any such proof, OWNER and CONTRACTOR agree that as liquidated damages for delay(but not as a penalty)CONTRACTOR shall pay OWNER$200.00 for each day that expires after the time specified in Paragraph 5 for final completion until the work is finally complete, and that OWNER has paid to CONTRACTOR the consideration of Ten ($10.00) Dollars as consideration for this provision. 7. CONTRACT PRICE, UNIT PRICE CONTRACT -The OWNER will pay the CONTRACTOR in current funds for the performance of the work, subject to additions and deductions by Change Order, the Total Contract Price of . Payments will be made to the CONTRACTOR for actual quantities installed on the basis of the Schedule of Unit Prices included as a part of the Bid,which shall be as fully a part of the Contract as if attached or repeated herein. 8. TERMINATION; DEFAULT BY CONTRACTOR AND OWNER'S REMEDIES-The OWNER reserves the right to revoke and terminate this Agreement and rescind all rights and privileges associated with this Agreement, without penalty, for convenience. Further, the OWNER reserves the right to revoke and terminate this Agreement in the following circumstances, each of which shall represent a default and breach of this Agreement: a. CONTRACTOR defaults in the performance of any material covenant or condition of this Agreement and does not cure such other default within seven (7) calendar days after written notice from the OWNER specifying the default complained of, unless, however, the nature of the default is such that it cannot, in the exercise of reasonable diligence, be remedied within seven (7) calendar days, in which case the CONTRACTOR shall have such time as is reasonably necessary to remedy the default, provided the CONTRACTOR promptly takes and diligently pursues such actions as are necessary therefore; or b. CONTRACTOR is adjudicated bankrupt or makes any assignment for the benefit of creditors or CONTRACTOR becomes insolvent, or is unable or unwilling to pay its debts; or c. CONTRACTOR has acted negligently,as defined by general and applicable law, in performing the Work hereunder; or d. CONTRACTOR has committed any act of fraud upon the OWNER; or e. CONTRACTOR has made a material misrepresentation of fact to the OWNER while performing its obligations under this Agreement; or f. CONTRACTOR is experiencing a labor dispute, which threatens to have a substantial, adverse impact upon performance of this Agreement without prejudice to any other right, or remedy OWNER may have under this Agreement. 9 Notwithstanding the aforementioned, in the event of a default by CONTRACTOR, the OWNER shall have the right to exercise any other remedy the OWNER may have by operation of law, without limitation, and without any further demand or notice. In the event of such termination, OWNER shall be liable only for the payment of all unpaid charges, determined in accordance with the provisions of this Agreement, for Work properly performed prior to the effective date of termination. 9. FORCE MAJEURE - Any delay or failure of either party in the performance of its required obligations hereunder shall be excused if and to the extent caused by acts of God; fire; flood; windstorm; explosion; riot; war; sabotage; strikes (except involving CONTRACTOR's labor force); extraordinary breakdown of or damage to OWNER 's affiliates'generating plants, their equipment, or facilities; court injunction or order; federal and/or state law or regulation; order by any regulatory agency; or cause or causes beyond the reasonable control of the party affected; provided that prompt notice of such delay is given by such party to the other and each of the parties hereunto shall be diligent in attempting to remove such cause or causes. If any circumstance of Force Majeure remains in effect for sixty days, either party may terminate this Agreement. 10. SEVERABILITY-In the event any portion or part thereof of this Agreement is deemed invalid,against public policy,void, or otherwise unenforceable by a court of law,the parties, at the sole discretion and option of the OWNER, shall negotiate an equitable adjustment in the affected provision of this Agreement. The validity and enforceability of the remaining parts of this Agreement shall otherwise be fully enforceable. 11. PROGRESS PAYMENTS - OWNER shall make progress payments on account of the contract price to CONTRACTOR, on the basis of application for payments submitted to the OWNER or OWNER's Project Manager, by CONTRACTOR as the work progresses, and in accordance with the Contract Documents. Progress payments may be withheld if: a. Work is found defective and not remedied; b. CONTRACTOR does not make prompt and proper payments to SUBCONTRACTORS; c. CONTRACTOR does not make prompt and proper payments for labor, materials, or equipment furnished him; d. Another CONTRACTOR is damaged by an act for which CONTRACTOR is responsible; e. Claims of liens are filed on the job; or f. In the opinion of the City of Winter Springs,CONTRACTOR's work is not progressing satisfactorily 12. FINAL PAYMENT-OWNER shall withhold up to 10%of the Contract Price until 50%completion.After 50% completion, OWNER shall reduce to 5%the amount of retainage withheld from each subsequent progress payment made to the CONTRACTOR. For purposes of this section,the term "50-percent completion" shall be the point at which the OWNER has expended 50% of the total cost of the construction services purchased as identified in the Agreement together with all costs associated with existing change orders and other additions or modifications to the Agreement. After 50% completion, the CONTRACTOR may present to the OWNER a payment request for up to one-half of the retainage held by the OWNER.OWNER shall promptly make payment to the CONTRACTOR, unless OWNER has grounds for withholding the payment of retainage. 10 OWNER shall make final payment to CONTRACTOR within thirty (30) days after the work is fully and properly completed, if the contract has been fully and timely performed, but subject to the condition that final payment shall not be due until CONTRACTOR has delivered to OWNER a complete release of liens arising out the contract, or receipt releases of lien fully covering all labor, materials and equipment for which a lien could be filed, or in the alternative a bond satisfactory to OWNER indemnifying him against such claims. By making payments OWNER does not waive claims including but not limited to those relating to: a. Faulty work appearing after substantial completion has been granted; b. Work that does not comply with the Contract Documents; C. Outstanding claims of liens; or d. Failure of CONTRACTOR to comply with any special guarantees required by the Contract Documents 13. DESIGNATION OF PROJECT MANAGER OR ARCHITECT OR LANDSCAPE ARCHITECT: DUTIES AND AUTHORITY-The duties and authority of the OWNER are as follows: a. General Administration of Contract. The primary function of the OWNER is to provide the general administration of the contract. In performance of these duties, Bryant Smith, P.E., or his authorized representative is the OWNER's Project Manager during the entire period of construction.The OWNER may change the Project Manager during the term of this contract. b. Inspections,Opinions,and Progress Reports.The OWNER shall be kept familiar with the progress and quality of the work by CONTRACTOR and may make periodic visits to the work site. The OWNER will not be responsible for the means of construction,or for the sequences, methods,and procedures used therein, or for the CONTRACTOR's failure to perform the work in accordance with the Contract Documents. c. Access to Worksite for Inspections.The OWNER shall be given free access to the worksite at all times during work preparation and progress. The Project Manager is not obligated to make exhaustive or continuous on site inspections to perform his duties of checking and reporting on work progress, and any such inspections shall not waive OWNER's claim regarding defective work by CONTRACTOR. d. Interpretation of Contract Documents; Decisions on Disputes. The OWNER will be the initial interpreter of the contract document requirements, and make decisions on claims and disputes between CONTRACTOR and OWNER. e. Resection and Stoppage of Work.The OWNER shall have authority to reject work which in its opinion does not conform to the Contract Documents, and in this connection may stop the work or a portion thereof,when necessary. f. Payment Certificates. The OWNER will determine the amounts owing to CONTRACTOR as the work progresses, based on CONTRACTOR's applications and OWNER's inspections and observations, and will issue certificates for progress payments and final payments in accordance with the terms of the Contract Documents. 11 14. PROGRESS MEETING — OWNER's Project Manager may hold periodic progress meetings on a monthly basis, or more frequently if required by the OWNER, during the term of work entered into under this Agreement. CONTRACTOR's Project Manager and all other appropriate personnel shall attend such meetings as designated by the OWNER's Project Manager. 15. RESPONSIBILITIES OF CONTRACTOR — CONTRACTOR's duties and rights in connection with the project herein are as follows: a. Responsibility for Supervision and Construction. CONTRACTOR shall be solely responsible for all construction under this contract, including the techniques, sequences, procedures and means, for the coordination of all work. CONTRACTOR shall supervise and direct the work, and give it all attention necessary for such proper supervision and direction. b. Discipline and Employment. CONTRACTOR shall maintain at all times strict discipline among his employees, and he agrees not to employ for work on the project any person unfit or without sufficient skill to perform the job for which he has employed. c. Furnishing of Labor, Materials, etc. CONTRACTOR shall provide and pay for all labor, materials and equipment, including tools, construction equipment and machinery, utilities, including water, transportation, and all other facilities and work necessary for the proper completion of work on the project in accordance with the Contract Documents d. Payment of Taxes:Procurement of Licenses and Permits.CONTRACTOR shall secure all licenses and permits necessary for proper completion of the work, paying the fees thereof. CONTRACTOR warrants that it (and SUBCONTRACTORS or tradesmen, if authorized in the Contract Documents) hold or will secure all trade or professional licenses required by law for CONTRACTOR to undertake the contract work. e. CONTRACTOR will provide written guarantee for work and materials for two (2) calendar years after acceptance by OWNER. 16. ASSIGNMENT—CONTRACTOR shall not assignor subcontract this Agreement, or any rights or any monies due or to become due hereunder without the prior,written consent of the OWNER. a. If upon receiving written approval from OWNER, any part of this Agreement is subcontracted by CONTRACTOR, CONTRACTOR shall be fully responsible to OWNER for all acts and/or omissions performed by the subcontractor as if no subcontract had been made. b. If OWNER determines that any subcontractor is not performing in accordance with this Agreement, OWNER shall so notify CONTRACTOR who shall take immediate steps to remedy the situation. c. If CONTRACTOR, prior to the commencement of any work subcontracts any part of this Agreement by the subcontractor, CONTRACTOR shall require the subcontractor to provide OWNER and its affiliates with insurance coverage as set forth by the OWNER. 12 17. THIRD PARTY RIGHTS — Nothing in this Agreement shall be construed to give any rights or benefits to anyone other than OWNER and CONTRACTOR. 18. PROHIBITION AGAINST CONTINGENT FEES—CONTRACTOR warrants that it has not employed or retained any company or person, other than a bona fide employee working solely for the 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 for the CONTRACTOR, any fee, commission, percentage, gift, or other consideration contingent upon or resulting from the award or making of this Agreement. 19. NO JOINT VENTURE — Nothing herein shall be deemed to create a joint venture or principal-agent relationship between the parties and neither party is authorized to, nor shall either party act toward third party persons or the public in any manner which would indicate any such relationship with the other party. 20. INDEMNIFICATION — CONTRACTOR shall indemnify and hold harmless the City, its officers, employees, and city attorneys (individually and in their official capacity, from liability, losses, damages, and costs, including, but not limited to, reasonable attorney's fees, to the extent caused by the negligence, recklessness or intentional wrongful misconduct of CONTRACTOR and persons employed or utilized by CONTRACTOR in the performance of this Agreement. The indemnification provided above shall obligate the CONTRACTOR to defend at its own expense or to provide for such defense, at the option of the OWNER, as the case may be, of any and all claims of liability and all suits and actions of every name and description that may be brought against the OWNER or its officers, employees, and city attorneys which may be covered by this indemnification. In all events the OWNER and its officers, employees, and city attorneys shall be permitted to choose legal counsel of its sole choice, the fees for which shall be reasonable and subject to and included with this indemnification provided herein. 21. SAFETY— CONTRACTOR shall be solely and absolutely responsible and assume all liability for the safety and supervision of its principals, employees, CONTRACTORS, and agents while performing work provided hereunder. 22. CORPORATE REPRESENTATIONS BY CONTRACTOR—CONTRACTOR hereby represents and warrants to the OWNER the following: a. CONTRACTOR is duly registered and licensed to do business in the State of Florida and is in good standing under the laws of Florida, and is duly qualified and authorized to carry on the functions and operations set forth in this Agreement. b. The undersigned signatory for CONTRACTOR has the power, authority, and the legal right to enter into and perform the obligations set forth in this Agreement and all applicable exhibits thereto, and the execution, delivery, and performance hereof by CONTRACTOR has been duly authorized by the board of directors and/or president of CONTRACTOR. In support of said representation, CONTRACTOR agrees to provide a copy to the OWNER of a corporate certificate of good standing provided by the State of Florida prior to the execution of this Agreement. 13 C. CONTRACTOR is duly licensed under all local, state and federal laws to provide the work stated in paragraph 1.0 herein. In support of said representation, CONTRACTOR agrees to provide a copy of all said licenses to the OWNER prior to the execution of this Agreement. 23. BOND — CONTRACTOR shall supply a materials, performance and payment bond(s) in accordance with Florida law and to the satisfaction of OWNER, in an amount specified in the Contract Documents. 24. INSURANCE - During the term of this Agreement, CONTRACTOR shall be responsible for providing the types of insurance and limits of liability as set forth below. a. The CONTRACTOR shall maintain comprehensive general liability insurance in the minimum amount of $2,000,000 as the combined single limit for each occurrence to protect the CONTRACTOR from claims of property damages which may arise from any Work performed under this Agreement whether such Work are performed by the CONTRACTOR or by anyone directly employed by or contracting with the CONTRACTOR. b. The CONTRACTOR shall maintain comprehensive automobile liability insurance in the minimum amount of$1,000,000 combined single limit bodily injury and minimum $1,000,000 property damage as the combined single limit for each occurrence to protect the CONTRACTOR from claims for damages for bodily injury, including wrongful death, as well as from claims from property damage, which may arise from the Ownership, use, or maintenance of owned and non-owned automobiles, including rented automobiles whether such operations be by the CONTRACTOR or by anyone directly or indirectly employed by the CONTRACTOR. c. The CONTRACTOR shall maintain, during the life of this Agreement, adequate Workers'Compensation Insurance in at least such amounts as are required by law and Employer's Liability Insurance in the minimum amount of$2,000,000 for all of its employees performing Work for the OWNER pursuant to this Agreement. Special Requirements. Current, valid insurance policies meeting the requirements herein identified shall be maintained during the term of this Agreement. A copy of a current Certificate of Insurance shall be provided to the OWNER by CONTRACTOR upon the Effective Date of this Contract which satisfied the insurance requirements of this paragraph 24. Renewal certificates shall be sent to the OWNER 30 days prior to any expiration date.There shall also be a 30-day advance written notification to the OWNER in the event of cancellation or modification of any stipulated insurance coverage. The OWNER shall be an additional named insured on all stipulated insurance policies as its interest may appear,from time to time. Independent Associates and Consultants. All independent CONTRACTORS or agents employed by CONTRACTOR to perform any Work hereunder shall fully comply with the insurance provisions contained in paragraph 24. 25. MEDIATION/VENUE -The parties agree that should any dispute arise between them regarding the terms or performance of this Agreement, both parties will participate in mediation.The parties agree to equally 14 share the cost of the mediator. Should the parties fail to resolve their differences through mediation,then any cause of action filed hereunder shall be filed in the Circuit or County Court for Seminole County, Florida. 26. GOVERNING LAW&VENUE-This Agreement is made and shall be interpreted, construed,governed, and enforced in accordance with the laws of the State of Florida. Venue for any state action or litigation shall be Seminole County, Florida. Venue for any federal action or litigation shall be Orlando, Florida. 27. ATTORNEY'S FEES-Should either party bring an action to enforce any of the terms of this Agreement,the prevailing party shall be entitled,to the extent permitted by law,to recover from the non-prevailing party the costs and expenses of such action including, but not limited to, reasonable attorney's fees,whether at settlement, trial or on appeal. 28. NOTICES - Any notice or approval under this Contract shall be sent, postage prepaid, to the applicable party at the address shown on the first page of this Contract. 29. WORK IS A PRIVATE UNDERTAKING - With regard to any and all Work performed hereunder, it is specifically understood and agreed to by and between the parties hereto that the contractual relationship between the OWNER and CONTRACTOR is such that the CONTRACTOR is an independent CONTRACTOR and not an agent of the OWNER. The CONTRACTOR, its CONTRACTORS, partners, agents, and their employees are independent CONTRACTORS and not employees of the OWNER. Nothing in this Agreement shall be interpreted to establish any relationship other than that of an independent CONTRACTOR, between the OWNER, on one hand, and the CONTRACTOR, its CONTRACTORS, partners, employees, or agents, during or after the performance of the Work under this Agreement. 30. DOCUMENTS - Public Records: It is hereby specifically agreed that any record, document, computerized information and program, audio or video tape, photograph, or other writing of the CONTRACTOR and its independent CONTRACTORS and associates related, directly or indirectly, to this Agreement, may be deemed to be a Public Record whether in the possession or control of the OWNER or the CONTRACTOR. Said record,document,computerized information and program,audio or video tape, photograph,or other writing of the CONTRACTOR is subject to the provisions of Chapter 119, Florida Statutes, and may not be destroyed without the specific written approval of the OWNER's City Manager. Upon request by the OWNER, the CONTRACTOR shall promptly supply copies of said public records to the OWNER. All books, cards, registers, receipts,documents,and other papers in connection with this Agreement shall at any and all reasonable times during the normal working hours of the CONTRACTOR be open and freely exhibited to the OWNER for the purpose of examination and/or audit. The CONTRACTOR acknowledges that the OWNER is a Florida municipal corporation and subject to the Florida Public Records Law. CONTRACTOR agrees that to the extent any document produced by CONTRACTOR under this Agreement constitutes a Public Record; CONTRACTOR shall comply with the Florida Public Records Law. 31. SOVEREIGN IMMUNITY - Notwithstanding any other provision set forth in this Agreement, nothing contained in this Agreement shall be construed as a waiver of the CITY'S right to sovereign immunity under 15 Section 768.28,or other limitations imposed on the CITY'S potential liability under state or federal law.As such, the CITY shall not be liable, under this Agreement for punitive damages or interest for the period before judgment. Further,the CITY shall not be liable for any claim or judgment, or portion thereof,to any one person for more than one hundred thousand dollars ($100,000.00), 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 the sum of two hundred thousand dollars ($200,000.00). 32. HEADINGS - Paragraph headings are for the convenience of the parties only and are not to be construed as part of this Agreement. 33. INTEGRATION; MODIFICATION - The drafting, execution, and delivery of this Agreement by the Parties has been induced by no representations, statements, warranties, or agreements other than those expressed herein. This Agreement embodies the entire understanding of the parties, and there are no further or other agreements or understandings, written or oral, in effect between the parties relating to the subject matter hereof unless expressly referred to herein. Modifications of this Agreement shall only be made in writing signed by both parties. 34. WAIVER AND ELECTION OF REMEDIES - Waiver by either party of any terms, or provision of this Agreement shall not be considered a waiver of that term, condition, or provision in the future. No waiver, consent, or modification of any of the provisions of this Agreement shall be binding unless in writing and signed by a duly authorized representative of each party hereto.This Agreement may be executed in any number of counterparts, each of which when so executed and delivered shall be considered an original agreement; but such counterparts shall together constitute but one and the same instrument. 35. DRAFTING-OWNER and CONTRACTOR each represent that they have both shared equally in drafting this Agreement and no party shall be favored or disfavored regarding the interpretation of this Agreement in the event of a dispute between the parties. 36. NOTICE - Any notices required to be given by the terms of this Agreement shall be delivered by hand or mailed, postage prepaid to: 16 For CONTRACTOR: For OWNER: City of Winter Springs City Engineer, Public Works Department 1126 East State Road 434, Winter Springs, FL 32708 Either party may change this notice address by providing the other party written notice of the change. Signed, Sealed and Delivered in the presence of: CONTRACTOR: Witness Name Title Witness Business Address City, State Zip Date OWNER: CITY OF WINTER SPRINGS Witness By: Shawn Boyle Interim City Manager Witness 1126 East State Road 434 Winter Springs, FL 32708 407-327-1800 17 SECTION 00610—PERFORMANCE BOND FORM Bond No. BY THIS PERFORMANCE BOND, We as Principal, whose address is and telephone number is and , as Surety, whose address is and telephone number is are bound to the City of Winter Springs, a Florida municipal corporation, as OWNER,whose address is 1126 E. State Road 434,Winter Springs, Florida 32708 and telephone number is 407-327-8979, in the initial sum of$ (110% of Contract Price), or such greater amount as the Contract may be adjusted from time to time in accordance with the Contract between the Principal and OWNER) (the "Penal Sum"). WHEREAS,the Principal has executed a contract with the OWNER, dated ,for the construction of the project in the City of Winter Springs, Seminole County, Florida (the "Project"); and WHEREAS,the OWNER has required the Principal to furnish a performance bond in accordance with law and as a condition of executing the Contract with Principal; and WHEREAS,this bond is being entered into to satisfy the requirements of Section 255.05(1), Florida Statutes and the Contract referenced above, as the same may be amended, and additionally, to provide common law rights more expansive than as required by statute. NOW THEREFORE, the Surety and the Principal, both joint and severally, and for themselves, their heirs, administrators, executors, successors and assigns agree as follows: 1. CONTRACT INCORPORATED; SURETY AND PRINCIPAL BOUND FOR FULL PERFORMANCE. The Contract is incorporated by reference and made a part of this bond. The Surety and the Principal are bound for the full performance of the Contract including without exception all of the Contract Documents (as defined in the Contract) and all of their terms and conditions, both express and implied. Without limiting the Principal's and Surety's obligations under the Contract and this bond,the Principal and Surety agree: 1.1 Promptly and faithfully perform their duties and all the covenants, terms, conditions, and obligations under the Contract including, but not limited to the insurance provisions, guaranty period and the warranty provisions, in the time and manner prescribed in the Agreement, and 1.2 Pay OWNER all losses, damages, delay damages (liquidated or actual), expenses, costs and attorneys' fees, including costs and attorney's fees on appeal that OWNER sustains resulting directly or indirectly from any breach or default by Principal under the Contract, and 18 1.3 Satisfy all claims and demands incurred under the Contract, and fully indemnify and hold harmless the OWNER from all costs and damages which it may suffer by reason or failure to do so. 2. OWNER'S AFFIDAVIT OF CONTRACTOR BREACH OR DEFAULT. If the OWNER shall provide to Surety the written affidavit of the OWNER stating that the Principal is in breach or default of the Contract, and that such breach or default remains uncured by the Principal, then upon delivery of such affidavit to the Surety in the method for providing notices as set forth in Paragraph 7 below, Surety must promptly notify the OWNER in writing which action it will take as permitted in Paragraph 3. 3. SURETY'S OBLIGATION UPON DELIVERY OF OWNER'S AFFIDAVIT OF CONTRACTOR'S BREACH OR DEFAULT. Upon the delivery of the OWNER's affidavit of breach or default by the Principal as provided in Paragraph 2 above,the Surety may promptly remedy the breach or default or must,within ten (10)days, proceed to take one of the following courses of action: 3.1 Proceed Itself. Complete performance of the Contract including correction of defective and nonconforming Work through its own CONTRACTORS or employees, approved as being acceptable to the OWNER, in the OWNER's sole discretion, provided, however, that OWNER's discretion in approving the Surety's CONTRACTOR will not be unreasonably withheld as to any CONTRACTOR who would have qualified to offer a proposal on the Contract and is not affiliated in any way with the Principal. During this performance by the Surety,the OWNER will pay the Surety from its own funds only those sums as would have been due and payable to the Principal under the Contract as and when they would have been due and payable to the Principal in the absence of the breach or default not to exceed the amount of the remaining Contract balance less any sums due the OWNER under the Contract. During this performance by Surety, any payment bond required under the Contract must remain in full force and effect; or 3.2 Tender a completing CONTRACTOR acceptable to OWNER. Tender a CONTRACTOR, together with a contact for fulfillment and completion of the Contract executed by the completing CONTRACTOR, to the OWNER for the OWNER's execution. OWNER's discretion to approve Surety's completing CONTRACTOR will not be unreasonably withheld as to any CONTRACTOR who would have qualified to offer a proposal on the contract and is not affiliated with the Principal. OWNER's discretion to approve the CONTRACTOR as the completing CONTRACTOR and to approve the tendered contract shall be in OWNER's sole and absolute discretion. Upon execution by the OWNER of the contract for fulfillment and completion of the Contract, the completing CONTRACTOR must furnish to the OWNER a performance bond and a separate payment bond, each in the form of those bonds previously furnished to the OWNER for the Project by the Principal. Each such bond must be in the Penal Sum of the full cost to complete the Contract. The OWNER will pay the completing CONTRACTOR from its own funds only those sums as would have been due and payable to the Principal under the Contract as and when they would have been due and payable to the Principal in the absence of the breach or default not to exceed the amount of the remaining Contract balance less any sums due the OWNER under the Contract.To the extent that the OWNER is obligated to pay the completing CONTRACTOR sums which would not have been due and payable to the CONTRACTOR under the Contract (any sums in excess of the then remaining Contract balance less any sums due the OWNER under the Contract), the Surety must pay the OWNER the full amount of 19 those sums at the time the completing CONTRACTOR tenders an invoice to the OWNER so that the OWNER can utilize those sums in making timely payment to the completing CONTRACTOR; or 3.3 Tender the Full Penal Sum.Tender to the OWNER the full Penal Sum of the performance bond. The OWNER will refund to the Surety without interest any unused portion not spent by the OWNER procuring and paying a completing CONTRACTOR or completing the Contract itself, plus the cost allowed under Section 4, after completion of the contract for fulfillment and completion of the Contract and the expiration of any applicable warranties; or 3.4 Other Acts.Take any other acts mutually agreed upon in writing by the OWNER and the Surety. 3.5 IT SHALL BE NO DEFENSE TO SURETY'S OBLIGATION TO UNDERTAKE ONE OF THE PRECEDING COURSES OF ACTION THAT THE PRINCIPAL CONTENDS THAT IT IS NOT IN BREACH OR DEFAULT OF THE CONTRACT, OR THAT THE NOTICE OF BREACH OR DEFAULT WAS DEFECTIVE, OR THAT THE PRINCIPAL HAS RAISED ANY OTHER CLAIM OF DEFENSE OR OFFSET, PROVIDED ONLY THAT THE SURETY HAS RECEIVED THE AFFIDAVIT OF THE OWNER AS SPECIFIED IN PARAGRAPH 2. 4. SURETY'S ADDITIONAL OBLIGATIONS. In addition to those duties set forth herein above, the Surety must promptly pay the OWNER (i) all losses, costs and expenses resulting from the Principal's breach(es) or default(s), including, without limitation, fees (including attorney's fees and related costs), expenses and costs for architects, engineers, consultants, testing, surveying and attorneys, plus (ii) liquidated or actual damages,whichever may be provided for in the Contract,for lost use of the Project, plus(iii) reprocurement costs and fees and expenses, plus (iv) costs incurred at the direction, request, or as a result of the acts or omissions of the Surety; provided that in no event shall Surety's liability exceed the Penal Sum of this Bond. 5. SURETY'S WAIVER OF NOTICE. The Surety waives notice of any Modifications to the Contract, including changes in the Contract Time, the Contract Sum, the amount of liquidated damages, or the work to be performed under the Contract. 6. NO THIRD PARTY BENEFICIARIES. The Surety provides this performance bond for the sole and exclusive benefit of the OWNER and OWNER's heirs, administrators, executors, successors and assigns. No other party, person or entity has any rights against the Surety. 7. METHOD OF NOTICE.All notices to the Surety,the Principal or the OWNER must be given by Certified Mail, Return Receipt Requested,to the address set fourth for each party below. SURETY: Name: Attention: Street: City, State: Zip: PRINCIPAL: 20 Name: Attention: Street: City, State: Zip: OWNER: The City of Winter Springs Attention: Shawn Boyle 1126 E. State Road 434 Winter Springs, Florida 32708 (407) 327-1800 With a copy to: Anthony A. Garganese,Weiss& D'Agresta, P.A. 111 N. Orange Avenue, Suite 2000 Orlando, Florida 32802 (407)425-9566 8. STATUE OF LIMITATIONS.Any statutory limitation,which may be contractually superseded,to the contrary notwithstanding, any action hereon may be instituted so long as the applicable statute of limitations governing the Contract (including any warranty period) has not run or expired or within three (3) years following Final Completion of the Contract (including any warranty period) and acceptance of the Work performed under the Contract by the OWNER,whichever is longer. 9. RECITALS. The recitals contained in this Performance Bond are incorporated by reference herein and are expressly made a part of this Performance Bond. 10. GOVERNING LAW.This performance bond shall be governed by, and construed in accordance with the laws of the State of Florida without regard to its conflict of law's provisions. 11. VENUE. In the event any legal action shall be filed upon this performance bond,venue shall lie exclusively in the Circuit Court for Seminole County, Florida. 12. MISCELLANEOUS. 12.1 The Surety agrees that this performance bond shall afford the OWNER with all of the protections and rights afforded under Florida Statutes and under common law. 12.2 This performance bond is issued in addition to any other bond or warranty required under the Contract including, but not limited to, any labor and materials payment bond and maintenance bond. Each bond issued under the Contract shall be construed as separate and distinct from each other. 21 12.3 In the event that the Surety fails to fulfill its obligations under this performance bond, then the Surety shall also indemnify and hold the OWNER harmless from any and all loss, damage, cost and expense, including reasonable attorneys' fees and costs for all trial and appellate proceedings, resulting directly or indirectly from the Surety's failure to fulfill its obligations hereunder. This subsection shall survive the termination or cancellation of this performance bond. 12.4 This performance bond shall remain in full force and effect until such time all the work, labor and materials under the Contract have been performed or provided to the OWNER's complete satisfaction, through the expiration of all warranty periods. Principal Surety (Typed Firm Name) (Typed Firm Name) (Seal) (Seal) By: By: (Signature) (Signature) (Printer Name) (Printed Name) (Title) (Title) (Address) (Address) (Date of Execution) (Date of Execution) 22 SECTION 00620-LABOR AND MATERIALS PAYMENT BOND Bond No. BY THIS LABOR AND MATERIALS PAYMENT BOND, We as Principal, whose address is and telephone number is and as Surety, whose address is and telephone number is are bound to the City of Winter Springs, a Florida municipal corporation, as Owner, whose address is 1126 E. State Road 434, Winter Springs, Florida 32708 and telephone number is 407- 327-1800, in the initial sum of$ (110%of Contract Price),or such greater amount as the Contract may be adjusted from time to time in accordance with the Contract between the Principal and Owner) (the "Penal Sum"). WHEREAS, the Principal has executed a contract with the Owner, dated Contract No. (the "Contract") for the construction of the project in the City of Winter Springs,Seminole County, Florida (the "Project"); and WHEREAS, the Owner has required the Principal to furnish a labor and materials payment bond in accordance with law and as a condition of executing the Contract with Principal; and WHEREAS,this bond is being entered into to satisfy the requirements of Section 255.05(1), Florida Statutes and the Contract referenced above, as the same may be amended, and additionally, to provide common law rights more expansive than as required by statute. NOW THEREFORE, the Surety and the Principal, both joint and severally, and for themselves, their heirs, administrators, executors, successors and assigns agree as follows: 1. CONTRACT INCORPORATED; SURETY AND PRINCIPAL BOUND FOR FULL PERFORMANCE. The Contract is incorporated by reference and made a part of this bond. The Surety and the Principal are bound to promptly make payments to all claimants, as defined in Section 255.05(1), Florida Statutes, supplying Principal with labor, materials, supplies, or rental equipment used directly or indirectly by Principal in the prosecution of the work provided under the Contract. Any such payments shall not involve the Owner in any expense. 2. CLAIMS. Claims made under this bond shall be made pursuant to provisions of Section 255.05, Florida Statutes, and applicable law. Therefore,a claimant, except a laborer,who is not in privity with the Principal shall, before commencing or not later than 45 days after commencing to furnish labor,services,or materials for the prosecution of the work, furnish the Principal with written notice that he or she intends to look to 23 the bond for protection. A claimant who is not in privity with the Principal and who has not received payment for his or her labor, services, or materials shall deliver to the Principal and to the surety written notice of the performance of the labor or delivery of materials or supplies and of the nonpayment. The notice of nonpayment may be served at any time during the progress of the work or thereafter but not before 45 days after the first furnishing of labor, services, or materials, and not later than 90 days after the final furnishing of the labor, services,or materials by the claimant or,with respect to the rental equipment, not later than 90 days after the date that the rental equipment was last on the job site available for use. Any notice of nonpayment served by a claimant who is not in privity with Principal which includes sums for retainage must specify the portion of the amount claimed for retainage. 3. SURETY'S WAIVER OF NOTICE. The Surety waives notice of any modifications to the Contract, including changes in the Contract Time,the Contract Sum, or the labor, work, or materials required to be performed under the Contract. 4. BENEFICIARIES. The Surety provides this performance bond for the sole and exclusive benefit of the Owner and Owner's heirs, administrators, executors, successors and assigns, as well as for the benefit of any claimants who have actually provided labor, material, rental equipment, or services under the Contract. 5. RECITALS. The recitals contained in this labor and materials payment bond are incorporated by reference herein and are expressly made a part of this bond. 6. GOVERNING LAW. This labor and materials payment bond shall be governed by, and construed in accordance with the laws of the State of Florida without regard to its conflict of laws provisions. 7. VENUE. In the event any legal action shall be filed upon this labor and materials payment bond,venue shall lie exclusively in the Circuit Court for Seminole County, Florida. 8. MISCELLANEOUS. A. The Surety agrees that this labor and materials payment bond shall afford the Owner and all claimants under the Contract with all of the protections and rights afforded under Florida Statutes and under common law. B. This labor and materials payment bond is issued in addition to any other bond or warranty required under the Contract including, but not limited to, any performance bond and maintenance bond. Each bond issued under the Contract shall be construed as separate and distinct from each other. C. In the event that the Surety fails to fulfill its obligations under this labor and materials payment bond, then the Surety shall also indemnify and hold the OWNER harmless from any and all loss, damage, cost and expense, including reasonable attorneys'fees and costs for all trial and appellate 24 proceedings, resulting directly or indirectly from the Surety's failure to fulfill its obligations hereunder. This subsection shall survive the termination or cancellation of this labor and materials payment bond. D. This labor and materials payment bond shall remain in full force and effect until such time that the legal deadline for filing a claim hereunder has duly expired. Principal Surety (Typed Firm Name) (Typed Firm Name) (Seal) (Seal) By: By: (Signature) (Signature) (Printed Name) (Printed Name) (Title) (Title) (Address) (Address) (Date of Execution) (Date of Execution) END OF SECTION 25 SECTION 00660—NOTICE OF AWARD FORM TO: PROJECT NAME:Asphalt Resurfaceine of City Streets The OWNER has considered the Bid submitted by for the above described work. You are hereby notified that your bid has been accepted, and the total amount of the contract award is S You are required by the Instructions to Bidders to execute the Agreement and certificates of insurance within ten (10) calendar days from the date of this Notice to you. If you fail to execute said Agreement and to furnish said certificate of insurance within ten (10) calendar days from the date of this Notice, said OWNER will be entitled to consider all your rights arising out of the OWNER's acceptance of your BID as abandoned.The OWNER will be entitled to such other rights as may be granted by law. You are required to return an acknowledged copy of this NOTICE OF AWARD to the OWNER. Dated this day of 2019. OWNER: BY: Bryant Smith, P.E. Title: City Engineer ACCEPTANCE OF NOTICE Receipt and acceptance of the above NOTICE OF AWARD is hereby acknowledged by this the day of , 2019. BY: Title: 26 SECTION 00661—NOTICE TO PROCEED TO: EFFECTIVE DATE OF THE NOTICE TO PROCEED: PROJECT:Asphalt Resurfacing of City Streets You are hereby notified to commence work in accordance with the agreement dated . In accordance with the Agreement, work shall commence within 10 calendar days of the date of this Notice To Proceed and shall be complete within 60 consecutive calendar dates from the effective date of this Notice To Proceed. The final date of completion of all work is therefore By: Name: Bryant Smith, P.E. Title: City Engineer ACCEPTANCE OF NOTICE Receipt and acceptance of the above NOTICE TO PROCEED is hereby acknowledged by this the day of ' 2019. BY: Title: 27 SECTION 00662—CONTRACTOR'S RELEASE OF LIEN Before me,the undersigned authority in said County and State,appeared who, being first duly sworn, deposes and says that he is of, a company and/or corporation authorized to do business under the laws of Florida,which is the Service Provider on a Project located in the City of , County of Florida,with the City of , dated the day of 20 that the said deponent is duly authorized to make this affidavit by resolution of the Board of Directors of said company and/or corporation;that deponent knows of his own knowledge that said contract has been complied with in every particular by said Service Provider and that all parts of the work have been approved by the OWNER; that there are no bills remaining unpaid for labor, material, or otherwise, in connection with said contract and work, and that there are no suits pending against the undersigned as Service Provider or anyone in connection with the work done and materials furnished or otherwise under said contract. Deponent further says that the final estimate which has been submitted to the OWNER simultaneously with the making of this affidavit constitutes all claims and demands against the OWNER on account of said contract or otherwise, and the acceptance of the sum specified in said final estimate will operate as a full and final release and discharge of the OWNER from any further claims, demands or compensation by the CONTRACTOR under the above contract. Deponent further agrees that all guarantees under this contract shall and be in full force from the date of this release as spelled out in the Contract Documents. Sworn to and subscribed to before me this day of , 20 Notary Public My Commission Expires: We the having heretofore executed a performance bond for the above- named CONTRACTOR covering project and section as described above in the sum of dollars($ ), hereby agree that the OWNER may make full payment of the final estimate, including the retained percentage, to said CONTRACTOR. It is fully understood that the granting of the right to the OWNER to make payment of the final estimate to said CONTRACTOR and/or his assigns, shall in no way relieve this surety company of its obligations under its bond, as set forth in the specifications, contract and bond pertaining to the above project. IN WITNESS WHEREOF,the has caused this instrument to be executed on its behalf by its and/or its duly authorized attorney in fact, and its corporate seal to be hereunto affixed, all on this day of , 20 (A.D.). Surety Company Attorney in Fact (Power of Attorney must be attached if executed by Attorney in Fact) 28 STATE OF FLORIDA COUNTY OF The foregoing instrument was acknowledged before me this (DATE) by (NAME OF PERSON) who is personally known to me or has produced (TYPE OF IDENTIFICATION) as identification and who did (did not)take an oath. Signature of Person Taking Acknowledgment Name: (Typed, Printed, or Stamped) Title: Serial No. (If any) IN WITNESS WHEREOF, I have hereunto set my hand and official seal at this day of 120 29 SECTION 00663—FORM OF CONTRACTOR'S PARTIAL RELEASE OF LIEN KNOW ALL MEN BY THESE PRESENTS,that the undersigned, in consideration of partial payment in the sum of$ , receipt whereof is hereby acknowledged, and other valuable considerations and benefits to the undersigned accruing, do hereby waive, release and quit claim all liens, lien rights, claims or demands of every kind whatsoever which the undersigned now has, or may hereafter have, against that certain real estate and the improvements thereof,situated in, County, Florida, and legally described as: on account of work and labor performed, and/or materials furnished in, to, or about the construction of any building or buildings situated thereon, or in improving said property above described, or any part thereof. It being the understanding of the undersigned that this is a Partial Waiver and Release of Lien which the undersigned has against the premises described herein, only to the extent of the payments specified and only for materials furnished or work done up until (but not releasing or waiving charges for changes, additions, or extras), the undersigned warrants that no assignment of said liens or claims, nor the right to perfect a lien against said real estate, by virtue of the accrual of said payment, has or will be made, and that the undersigned has the right to execute this Partial Waiver and Release, and that all laborers employed by the undersigned, and all bills for materials and supplies furnished by others to the undersigned in connection with the construction of improvements upon the aforesaid premises, to the extent of the payment herein referred to, have been fully paid. In witness whereof, I/we have executed this instrument under seal this day of 20 (SEAL) (SEAL) WITNESS: 30 SECTION 00680—APPLICATION FOR PAYMENT Project: Project Number: Payment Request No.: P.O. Number: CONTRACTOR: Account No.: Contract Date: Completion Date Application Date Period To: STATEMENT OF WORK 1. Original Contract 6. Total Earned less Retained (Line 4 minus Line 5) 2. Net Change Orders: 7. Less Previous Payments 3. Current Contract Total: 8. Current Payment Due: (Total of Lines 1 and 2) (Line 6 minus Line 7) 4.Total Earned to Date: 9 Balance to Finish (Total Amount Billed to (Line 3 Minus Line 4) Date) 5. Retainage: The undersigned CONTRACTOR hereby swears under penalty of perjury that (1) all previous progress payments received from the OWNER on account of work performed under the Contract referred to above have been applied by the undersigned to discharge in full all obligations of the undersigned incurred in connection with work covered by prior Application for Payment under said contract; and, (2) all materials and equipment incorporated in said Project or otherwise listed in or covered by this Application for Payment are free and clear of all liens, claims, security interests and encumbrances. by Date CONTRACTOR 31 Payment of the amount requested is approved: by Date City Engineer by Date Director, Utilities/ Public Works Department 32 SECTION 00700—GENERAL CONDITIONS 1. SCOPE The scope of work includes furnishing all labor equipment, tools, materials, and incidentals necessary to complete the work in accordance with the Contract Documents in a first-class workmanlike manner, complete in all respects and ready for use 2. APPLICABLE SPECIFICATIONS AND REQUIREMENTS All work to be performed on this project shall conform to City of Winter Springs and FDOT standard and specifications. 3. PERMITS AND REGULATIONS The CONTRACTOR shall procure and pay for all permits, licenses, and bonds necessary for the prosecution of the Work, and/or required by Municipal, State and Federal regulations, laws and procedures, unless specifically provided otherwise in the Contract Documents. The OWNER shall provide all required easements. The CONTRACTOR shall give all notices, pay all fees, and comply with all federal, state and municipal laws, ordinances, rules and regulations and building and construction codes bearing on the conduct of the Work. This Contract, as to all matters not particularly referred to and defined herein, shall notwithstanding, be subject to the provisions of all pertinent ordinances, codes and normal regulatory procedures of the municipality or other political subdivision within whose limits the Work is constructed, which ordinances, codes and procedures are hereby made a part hereof with the same force and effect as if specifically set out herein. It is the CONTRACTOR's responsibility to apply to the local jurisdiction for any Building Permit or Permit that may be required. 4. PERFORMANCE AND PAYMENT BONDS (See SECTION 00100, PARAGRAPH 1.6 - Notice of Award, Performance Bond and Labor and Materials Payment Bond) 5. BID BOND (No Bid Bond is required for this project.) 6. INSURANCE AND HOLD HARMLESS INDEMNIFICATION (see SECTION 00500) Hold Harmless Agreement - To the fullest extent permitted by laws and regulations, CONTRACTOR shall indemnify and hold harmless OWNER and their consultants, agents and employees from and against all claims,damages, losses and expenses,direct, indirect or consequential (including but not limited to fees and charges of engineers, architects, attorneys and other professionals and court and arbitration costs) arising out of or resulting from the performance of the Work, provided that any such claim, damage, loss or expenses (a) is attributable to bodily injury, sickness, disease or death, or to injury to or destruction of tangible property other than the Work itself) including the loss of use resulting therefrom and (b) is caused in whole or in part by any negligent act or omission of Service Provider, any Subcontractor, any person or organization directly or indirectly employed by any of them to perform or furnish any of the Work or anyone for whose acts any of them may be liable, regardless of whether or not it is caused in part by a party indemnified hereunder or arises by or is imposed by Law and Regulations regardless of the negligence of any such party. In any and all claims against OWNER or any of their consultants, agents or employees by any employee of CONTRACTOR, any Subcontractor,any person or organization directly or indirectly employed by any of them to perform or furnish any of the Work or anyone for whose acts any of them may be liable, the 33 indemnification obligation under the previous paragraph shall not be limited in anyway by any limitation on the amount or type of damages, compensation or benefits payable by or for CONTRACTOR or any such Subcontractor or other person or organization under workers' or workmen's compensation acts, disability benefit acts or other employee benefit acts. CONTRACTOR's Liability Insurance - The CONTRACTOR shall not commence any work under this Contract until he has obtained all insurance required under the Agreement. CONTRACTOR shall purchase and maintain such comprehensive general liability and other insurance as is appropriate for the Work being performed and furnished and as will provide protection from claims set forth which may arise out of or result from CONTRACTOR's performance and furnishing of the Work and CONTRACTOR's other obligations under the Contract Documents,whether it is to be performed or furnished by CONTRACTOR, by any Subcontractor, by anyone directly or indirectly employed by any of them to perform or furnish any of the Work,or by anyone for whose acts any of them may be liable. The insurance required shall include the specific coverage's and be written for not less than the limits of liability and coverage's provided or required by law, whichever is greater. The comprehensive general liability insurance shall include completed operations insurance. The comprehensive general liability insurance shall also include Contractual Liability Insurance applicable to CONTRACTOR's obligations under the Hold Harmless Indemnification. All of the policies of insurance so required to be purchased and maintained (or the certificates or their evidence thereof) shall contain a provision or endorsement that the coverage afforded will not be canceled, materially changed or renewal refused until at least thirty days' prior written notice has been given to OWNER by certified mail. All such insurance shall remain in effect until final payment and at all times thereafter when CONTRACTOR may be correcting, removing or replacing defective work in accordance with the Contract Documents. CONTRACTOR's General Liability Insurance shall include the OWNER, and OWNER's consultants as insured or additional insured which may be accomplished by either an endorsement of CONTRACTOR's Comprehensive General Liability policy or by CONTRACTOR's carrier issuing a separate protection liability policy. 7. SALES TAX The CONTRACTOR shall include in his bid, and shall pay, all Florida State sales tax and other local, State, and Federal taxes in accordance with existing laws and regulations. 8. LAYOUT OF WORK The CONTRACTOR shall perform and be responsible for all layout work in connection with the project. 9. CHANGES IN THE WORK The OWNER may, at any time, or from time to time, without invalidating the Agreement order alterations, deletions or revisions in the Work by written Change Order or Field Order. Upon receipt of any such order, CONTRACTOR shall promptly proceed with the Work involved, which shall be performed under the applicable conditions of the Contract Documents. Any deviations from these specifications, plans and contract documents, must be approved by the OWNER in advance of the construction either by a written and executed Change Order or a written Field Order. The CONTRACTOR agrees that he will do such work as may be required for the proper execution of the whole work herein contemplated, including all labor,equipment and materials reasonably necessaryforthe proper completion of the work. The CONTRACTOR agrees that he will make no claim for extra work unless that material or work is not covered by, or properly inferable from the Contract Documents. If the CONTRACTOR makes a claim for an extra or additional cost and requests a Change Order be issued prior to performing the 34 work, and the OWNER renders a decision denying such request, the CONTRACTOR must notify the OWNER in writing within 3 days of the time that the CONTRACTOR is informed of the OWNER's decision. Otherwise the OWNER will not consider any such difference as a claim for a Change Order or additional payment or time. Any such written notice received by the OWNER from the CONTRACTOR within the 3-day period shall be just reason for the OWNER to reevaluate his previous decision. 10. PAYMENTS The OWNER will make partial payments on a monthly basis to the CONTRACTOR based on pay estimates, which have been approved by the OWNER. The CONTRACTOR shall submit at least three (3) copies of his estimate,with reasonable time allowed to make a field inspection, check, and process the estimate. Final Payment, including the retainage, will be made upon the completion of the work and certification by the OWNER,and regulatory agencies and acceptance by the OWNER that all of the work has been completed in accordance with the approved plans, specifications, and other Contract Documents, will be made to the CONTRACTOR. The OWNER shall make final Payment not later than 30 days after final acceptance of the work. Prior to final payment,the CONTRACTOR shall transfer to the OWNER all applicable items accumulated throughout construction.These include but are not limited to the following items: Waivers of lien, releases and other items OWNER may require in evidence of full payment to all SUBCONTRACTORS, suppliers and material-men. Progress payments may be withheld if: 1. Work is found defective and not remedied; 2. CONTRACTOR does not make prompt and proper payments to SUBCONTRACTORS; 3. CONTRACTOR does not make prompt and proper payments for labor, materials, or equipment furnished; 4. Another CONTRACTOR is damaged by an act for which CONTRACTOR is responsible 5. Claims or liens are filed on the job; or 6. In the opinion of the City of Winter Springs, CONTRACTOR's work is not progressing satisfactorily. 11. PAYMENTS WITHHELD The OWNER will disburse, and shall have the right to act as agent for the CONTRACTOR in disbursing such funds as have been withheld pursuant to SECTION 00500, PARAGRAPH 11, to the party or parties who are entitled to payment therefrom.The OWNER will render to the CONTRACTOR a proper accounting of all such funds disbursed on behalf of the Contract. Neither the final payment nor any part of the retained percentage shall become due until the CONTRACTOR, if required, shall deliver to the OWNER his written one year guarantee on the work and a complete release of liens arising out of this Contract, or receipts in full in lieu thereof, and, if required in either case, an affidavit that so far as he has knowledge or information, the releases and receipts include all the labor and material for which a lien could be filed; but the CONTRACTOR may, if any subcontractor refuses to sign a release or receipt in full, furnish a bond satisfactory to the OWNER, to indemnify himself against any lien. If any lien remains unsatisfied after all payments are made, the CONTRACTOR shall refund to the OWNER all monies that the latter may be compelled to pay in discharging such a lien, including all costs and a reasonable attorney's fee. 12. OWNER'S RIGHT TO TERMINATE THE CONTRACT(see SECTION 00500, PARAGRAPH 8) 35 13. GENERAL GUARANTEE All work to be performed under this Contract shall be constructed in compliance with the Contract Documents. 36 Exhibit B FIRST AMENDMENT TO TERM CONTRACT FOR PAVEMENT MANAGEMENT PROGAM SERVICES (IFB-602096-14/BJC) THIS FIRST AMENDMENT is made and entered into this AOL day of dk�� , 20/1--!�— and is to that certain Agreement made and entered into on the 2nd day of December, 2014, between THE MIDDLESEX CORPORATION, whose address is One Spectacle Pond Road, Littleton, Massachusetts 01460, hereinafter referred to as "CONTRACTOR", and SEMINOLE COUNTY, a political subdivision of the State of Florida, whose address is Seminole County Services Building, 1101 East First Street, Sanford, Florida 32771, hereinafter referred to as"COUNTY". WITNESSETH: WHEREAS, CONTRACTOR and COUNTY entered into the above referenced Agreement on December 2, 2014, for Pavement Management Program services; and WHEREAS,the parties desire to amend the Agreement so as to change the price schedule and to enable both parties to continue to enjoy the mutual benefits the Agreement provides; and WHEREAS, Section 21 of the Agreement provides that any amendments shall be valid only when expressed in writing and duly signed by the parties, NOW, THEREFORE, in consideration of the mutual understandings and agreements contained herein, the parties agree to amend the Agreement as follows; 1. Exhibit A of the Agreement is deleted and replaced by the new Exhibit A attached hereto. 2. Except as herein modified, all terms and conditions of the Agreement shall remain in full force and effect for the term of the Agreement, as originally set forth in said Agreement, CERTIFIED COPY MARYANNE MORSE First Amendment to IFB-602046-14BIC ar of Circuit Court and Comptroller Page i of 2 SEMIE.CpUN , F A BY DEPUTY CLERK IN WITNESS WHEREOF, the partite hereto have executed this instrument for the purpose herein expressed. ATTEST: THE MIDDLESEX CORPORATION 4- _._... ..�a_� By: PeteV, artinkus SemvtwY D S CI,. we Se res t Est' atin� (CORPORATE SEAL) Date: SEMINOLE COUNTY,FLORIDA 6 YYY By: Wiias BETS , P haling'Supervisor ! -S Print Nmne Date: / /5_ Tess =iA�S Yet.rrozy.5 Print Name For the use and reliance of Seminole County only. Approved as to form and legal sufficiency. / County Att Trwy AEC/Ipk 3/23115 P_\UsasX,UV1Se cWyCSBW=hasing201RFB-642095Inn MMksa.doa Attachment: Exhibit A- Scope of Services and Cost Structure First Amendment to IFB-602096-14BJC Page 2 of 2 ro a co 0 Ln Ln o La o 14 Ln � ko ko IV M r! 14 1 64 H4 6'} H} 69 V � '7 p C c W w x paQ c 0 �i C g a w o O O O pn a O 0 O O O )2 C7 F ip cri CD O rJ p b FA a 0 O Ln a o Q o '1= CD Q O O r N 0 C5 W Q O ['V N O Q O h O r�6 m Q n �.,.1 @. O �'' Q LD M � m Ln m Q m u't E3 lE 0 M w F LIJ �' I-- ill w H W F St Q w C C C C 1° F a hO F O la b. 41 as p aG n n O p V7 O O Ln apo 0 In � O "� c' U3 a a v o a v o o d gmV'3- � �+► M m 6.s � v3 cfr (L O aa i r 1 9 � � Nw �' t- w I� 64 F w 40uj S � ° c c o 0o a C C Q G b C Q C O N C O CL U) ° Fa O F�- 4 F pQd O pO o V W 6 Q ry LA GO ua] O ® Ln Q C O v H C? Q m d t] [R O p v m .J o o E r, E . n 4 w >- w in, F w fd% w 6-k x O tn o p lc O F� V D L O irl �" C7 Q G N' O Q O N b Ly Ln 1L m o � r o b � m 4" m ,a 3 o o o to, m Ln OR 0 4ss m Ln w LO us _ m Lu 03 N '' kR N -4 2: w `e4 w i w *� t° w 1- r Lij z dw V Q O a a o Z 6 C7 ❑ o°n o l- CD ° a � Z F ° o v 0 v zr Ln z, c m y 0 " $ o N � a ° C Q m © ti Lin i p 4% � o d3 � p by Q 0 is is w 40 w F w + ti lL f°- w +� w C rO`r m Q m < a W w C o LA Ln a LZ a G a c U) C? U m n U U U t N 0 7 U° a}i `�' C3 ci m o 43 Li7 tf! C to C J u'1 R .a Z` " a 73 cs �i U n of 67 ` u U s s `--L t! O Rl pt� U 0. tati� CS d tlaZ V a d LL 12 LL a Q 1L F- LL a �L lL k- LL x a LL to Q EXHIBIT A ' SUBMIT BIDS TO: INVITATION FOR BID Sernincle County 1301 E. Second Street And Sanford, Florida 32771 Bidder Acknowiedgment Attn: PURCHASING &CDHTRACTS (PCD) Cantact: Berry J.Cohen, CPPB IFB-602096-14/BJC Procurement Supervisor 407-665-7112-Phone 407.6$5-7958-Fax PAVEMENT MANAGEMENT bcohen@seminolecounW-gov PROGRAM Bid Due bate Dale: October 9, 2094 Time: 2:00 PM (Eastern Standard Time) Location of Public Openino: Purchasing$Contracts Division,Conference Room 9301 E. Second Street, Sanford, FL 32771 Proposer Narne: Federal Employer ID Number: The Middlesex Corporation 042534615 Mailing Address: If returning as a "No Submitter", state reason (if s2,_r�turn only this barite): One Spectacle Pond Road City, State, Zip: Littleton,MA 01460 Type of Entity(Circle one): rporabon The undersigned Bidder hereby Partnership Proprietorship ,faint Venture acknowledges receipt of Addenda Incorporated in the State of. Massachusettsbens through List of Principals: Please See Attachment"A" o ' Sig)ature (Manual) bati Email Address: dsocci@middlesexco.com Typed Nan W- avid Sacci Telephone Number: 978-742-4400 Title: Senior Vice President Estimating Fax Number: 978-742-4434 Date: f �ip MdlS FORM MUS BE COMPLETED AND RETURNED WITH WRITTEN BID The Bidder is expected to completely analyze the information contained in this Invitation for Bid QFB) 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. IFS-60208e-14AUC-PAVEMENT MANAGEMENT PROGRAM 17 Part 4 Price Submittal IF13-602096-14113JC— Pavement Management Program Name of Bidder: The Middlesex Corporation Mailing Address: One Spectacle Pond Road Street Address: Same as Above CitylStatelzip. Littleton,MA 01460 Phone Number: 9( 7$ ) 742.4400 FAX Number: ( 978) 742-4434 E-Mail Address. dsoccl@middlesexco.com Pursuant to and in compliance with the 1FI3 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 corporation: and he proposes and agrees, N the bid is accepted, that helshe will accept to enter into an Agreement 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, deliveryltransportaton of unit(s) to the County's delivery address, Indirect costs, i.e., insurance, etc., indirect labor costs Group I includes Asphalt Subtotal: $ 20 &1 C c� Group II is"Sand and Seal in-place" Subtotal: $ _. J&(00 SCiJ• Q�t Group III isu Milling-0 Subtotal: $ _ , 8�1. CA Group IV is "Striping" Subtotel: $ ' �� (ml-' Cc, c+c� Group V is"Miscellaneous Items" Subtotal: $ _ 31&5, cl-Co- u Group VI Asphalt Materials (materials only) Subtotal: $ -30,81 .^� Group VII Earthwork Subtotal:$ 5 OCA a TOTAL BID: $ Performance/Payment/Materia!-Workmanship Bonds Costs: `i; ? E( C (Do not include in Unit Gosts) IFB-602098-1418iC-PAVEMENT MANAGEMENT PROGRAM Rao f"m u! MO //4s o 10 in LO w '74► 5 ik .r H H r �► w r b4 V (� ui C W114 52 0 E con, Eo � � � •4 � M � N � H ® M � + H r x W (if fA iH 40y b Ln ca C CLcu awocb Zt- CN � ; �— ly mey u eR 01 U. 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C Uy r (!7 �' il3 Iii �'L F •C 4i 2 ;- E m > A 7 C z rb ob eb m 9 0 � a U TERM CONTRACT FOR PAVEMENT MANAGEMENT PROGAM SERVICES (IFB-602095-14/BJC) THIS AGREEMENT is dated as of the � day of t 20 /T , by and between THE MIDDLESEX CORPORATION, duly authorized to conduct business in the State of Florida, whose address is One Spectacle Pond Road, Littleton, Massachusetts 41460, hereinafter referred to as "CONTRACTOR", and SEMINOLE COUNTY, a political subdivision of the State of Florida, whose address is Seminole County Services Building, l 101 East First Street, Sanford, Florida 32 77 1, hereinafter referred to as "COUNTY". WITNESSETH: WHEREAS, COUNTY desires to retain the services of a competent and qualified contractor to provide Pavement Management Program services to COUNTY; and WHEREAS, COUNTY has requested and received expressions of interest for the retention of services of contractors; and WHEREAS, CONTRACTOR is competent and qualified to provide Pavement Management Program services to COUNTY and desires to provide services according to the terms and conditions stated herein, NOW, THEREFORE, in consideration of the mutual understandings and covenants set forth herein, COUNTY and CONTRACTOR agree as follows: Section 1. Services. COUNTY does hereby retain CONTRACTOR to furnish materials and services as further described in the Scope of Services attached hereto as Exhibit A and made a part hereof. CONTRACTOR shall also be bound by all requirements as contained in the solicitation package and all addenda thereto. Required materials and services shall be specifically enumerated, described, and depicted in the Release Orders authorizing purchase of specific CERTIFIED COPY Term Contract for Pavement Management Program Services MARYANNE MORSE (rFB-602096-14/810) CLERK OF CIRCUIT COURT Page l of 20 `$EMIN E COUNTY, ORIDA 0Y pEPt�TY CLERK materials and services, This Agreement standing alone does not authorize the purchase of materials and services or require COUNTY to place any orders for work. Section 2. Terin. This Agreement shall take effect on the date of its execution by COUNTY and shall run 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 shall have no effect upon Release Orders issued pursuant to this Agreement and prior to the expiration date. Obligations entered therein by both parties shall remain in effect until delivery and acceptance of the materials authorized by the Release Order. The first three (3) moths of the initial term shall be 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. Authorization for provision of materials and services by CONTRACTOR under this Agreement shall be in the form, of written Release Orders issued and executed by COUNTY. A sample Release Order is attached hereto as Exhibit B, Each Release Order shall describe the materials and services required and shall state the dates for delivery of materials and services and establish the amount and method of payment. The Release Orders will be issued under and shall 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. All contractors will be invited to participate in the quoting process for each project as directed by the COUNTY Representative. Detailed technical information will be provided to each Term Contract for Pavement Management Program Services (IFB-602096-14/BJC) Page 2 of 20 contractor, and they will have the opportunity to submit quote based on the not-to-exceed price structure established in the agreements. The final bids will be normally submitted on either a lump sure or unit price basis, as stipulated by the COUNTY Representative. A lump suns 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 the COUNTY Representative's estimates for quantities. However, the total payment to the selected contractor will be based on the act5ual quantities multiplied by the respective quoted unit prices. Section 4. Tine for Completion. The materials and services to be provided by CONTRACTOR shall be delivered, as specified in such Release Orders as may be issued hereunder, within the time specified therein. Section 5. Compensation. COUNTY agrees to compensate CONTRACTOR for the professional services provided for under this Agreement on a Fixed Fee basis. When a Release Order is issued for a Fixed Fee basis, then the applicable Release Order Fixed Fee amount shall include any and all reimbursable expenses. The total annual compensation paid to CONTRACTOR pursuant to this Agreement, including reimbursable expenses, shall not exceed COUNTY's allocated budget for pavement management. Term Contract for Pavement Management Program Services (IFB-642096-14B3C) Page 3 of 20 Section 6. Payment and Billing. (a) CONTRACTOR shall supply all materials and services required by the Release Order; but in no event shall 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 materials and services actually provided; but in no event shall the invoice amount exceed a percentage of the Fixed Fee amount equal to a percentage of the total services actually completed. (c) Payments shall be made by COUNTY to CONTRACTOR when requested as materials and services are furnished but not more than once monthly. Each Release Order shall be invoiced separately. At the close of each calendar month, CONTRACTOR shall render to COUNTY an itemized invoice, properly dated, describing any materials and services provided, the cost of the materials and services therein, the name and address of CONTRACTOR, Release Order Number, Contract Number and any other information required by this Agreement. The original invoice and one(1)copy shall be sent to: Director of County Finance Seminole County Board of County Commissioners Post Office Box 8080 Sanford, Florida 32772 Two (2)copies of the invoice shall be sent to: Seminole County Public Works Department 1101 East First.Street Sanford, Florida 32771 (d) Upon review and approval of CONTRACTOR's invoice, COUNTY shall, in accordance with the terms as set forth in Chapter 218, Part VII, Florida Statutes, pay CONTRACTOR the approved amount, Term Contract for Pavement Management Program Services (IFB-602496-14BJC) Page 4 of 20 Section 7. General Terms of Payment and Billing. (a) Upon satisfactory delivery of materials and services required hereunder and upon acceptance of the materials and 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. Upon review and approval of CONTRACTOR's invoice, COUNTY shall, in accordance with the terms as set forth in Chapter 218, Part VII, Florida Statutes, pay CONTRACTOR.the approved amount. (b) COUNTY may perform or have performed an audit of the records of CONTRACTOR at any time during the termm of this Agreement and after final payment to support final payment hereunder. 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 herein and the total compensation so determined shall be used to calculate final payment to CONTRACTOR. Conduct of this audit shall not delay final payinent as provided by this Section. (c) CONTRACTOR agrees to maintain all books, documents, papers, accounting records and other evidence pertaining to materials and services provided under this Agreement in such a manner as will readily conform to the terms of this Agreement and to make such materials available at CONTRACTOR7s office at all reasonable times during the Agreement period 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 Terns Contract for Pavement Management Program Services (MB-602096-14/BJC) Page 5 of 20 terms of the Agreement, CONTRACTOR shall refund such overpayment to COUNTY within thirty (30)days of notice by COUNTY. Section 8. Responsibilities of CONTRAC'T'OR. Neither COUNTY's review, approval or acceptance of, nor payment for any of the materials and services required shall be construed to 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 shall be and 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 and services furnished under this Agreement. Section 9. Termination.. (a) COUNTY may, by written notice to CONTRACTOR terminate this Agreement or any Release Order issued hereunder, in whole or in part, at any time, either for COUNTY's convenience or because of the failure of CONTRACTOR to fulfill its Agreement obligations. 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 shall 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 agreement obligations, COUNTY may take over the work and prosecute the same to completion by other agreements or otherwise. In such case, CONTRACTOR shall be liable to COUNTY for all Terre Contract for Pavement Management Program Services (IFB-642095-14BJC) Page 6 of 20 reasonable additional costs occasioned to COUNTY thereby. CONTRACTOR shall not be liable for such additional costs if the failure to perform the Agreement arises without any fault or negligence of CONTRACTOR; provided, however, that CONTRACTOR shall be responsible and liable for the actions of its subcontractors, agents, employees, persons and entities of a similar type or nature. Such causes may 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 severe weather; but in every case the failure to perforin must be beyond the control and without any fault or negligence of CONTRACTOR. (d) If after notice of termination for failure to fulfill its Agreement obligations it is determined that CONTRACTOR had not so failed, the termination shall be conclusively deemed to have been effected for the convenience of COUNTY. In such event, adjustment in the Agreement price shall be made as provided in subsection(b) of this Section. (e) 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. Whenever the terms of this Agreement conflict with any Release Order issued pursuant to it,this Agreement shall prevail. Section 11. Equal Opportunity Employment. CONTRACTOR agrees that it will 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 and will 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 shall include, but not be limited to the following: employment, upgrading, demotion or transfer, recruitment advertising, Term Contract for Pavement Management Program Services (IFB-602096-i 4/BJC) Page 7 of 20 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 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 shall 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 agrees that it will not contract for or accept employment for the performance of any work or service with any individual, business, corporation or government unit that would create a conflict of interest in the performance of its obligations pursuant to this Agreement with COUNTY. (b) CONTRACTOR agrees that it will neither take any action nor engage in any conduct that would cause any COUNTY employee to violate the provisions of Chapter 112,Florida Statutes, relating to ethics in government_ (c) In the event that CONTRACTOR causes or in any way promotes or encourages a COUNTY officer, employee or agent to violate Chapter 112,Florida Statutes, COUNTY shall have the right to terminate this Agreement. Term Contract for Pavement Management Program Services (IFB-602096-141BJC) Page 8 of 20 Section 14. Assignment. This Agreement nor any interest herein shall not be assigned, transferred, or otherwise encumbered under any circumstances by the parties hereto without prior written consent of the other party and in such cases only by a document of equal dignity herewith. Section 15. Subcontractors. In the event that CONTRACTOR during the course of the work under this Agreement requires the services of subcontractors or other professional associates in connection, with services covered by this Agreement, CONTRACTOR must first secure the prior express written approval of COUNTY. If subcontractors or other professional associates are required in connection with.the services covered by this Agreement, CONTRACTOR shall remain fully responsible for the services of subcontractors or other professional associates. Section 16. Indemnification of COUNTY. CONTRACTOR agrees to hold harmless and indemnify COUNTY and its commissioners, officers, employees and agents against any and all claims, losses, damages or lawsuits for damages arising from, allegedly arising from or related to the provision of services hereunder by CONTRACTOR. Section 17. Insurance. (a) General. CONTRACTOR shall, at its own cost, procure insurance required under this Section. (1) CONTRACTOR shall furnish COUNTY with a Certificate of Insurance on a current ACORD Forza 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). COUNTY, its officials, officers, and employees shall be named additional insured under the Commercial General Liability policy. If the policy provides for a blanket additional insured coverage, please provide a copy of the section of the policy along with the Certificate of Insurance. If the coverage does not exist, the Term Contract for Pavement Management Program Services (IFB-602096-14BJC) Page 9 of 20 policy must be endorsed to include the additional insured verbiage. The Certificate of Insurance shall provide that COUNTY shall be given, 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 Certificate of Insurance before expiration or replacement of the insurance for which a previous Certificate of Insurance has been provided. (2) The Certificate of Insurance shall contain a statement that it is being provided in accordance with this Agreement and that the insurance is in full compliance with the insurance requirements of this Agreement. The Certificate of Insurance shall have this Agreement number clearly marred on its face. (3) In addition to providing the Certificate of Insurance on a current ACORD Form, upon request as required by COUNTY, CONTRACTOR shall, within thirty(30) days after receipt of the request, provide COUNTY with a certified copy of each of the policies of insurance providing the coverage required by this Section. Certified copies of policies may only be provided by the Insurer, not the agent/broker. (4) Neither approval by COUNTY, nor failure to disapprove the insurance furnished by CONTRACTOR, shaII relieve CONTRACTOR of its full responsibility for performance of any obligation including CONTRACTOR's indemnification of COUNTY under this Agreement. (b) Insurance Company Requirements. Insurance companies providing the insurance under this Agreement must meet the following requirements: Term Contract for Pavement Management Program Services (IFB-602096-14/BJC) Page 10 of 20 (1) Companies issuing policies (other than Workers" Compensation) must be authorized to conduct business in the State of Florida and prove same by maintaining Certificates of Authority issued to the companies by the Florida Office of Insurance Regulation. (2) In addition, such companies shall 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 which an insurance company is providing the insurance coverage required by this Agreement, an insurance company shall: (i) lose its Certificate of Authority; or (ii) fail to maintain the requisite Best's Rating and Financial Size Category, CONTRACTOR shall, as soon as CONTRACTOR has knowledge of any such circumstance, immediately notify COUNTY 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 shall be deemed to be in default of this Agreement. (c) Specifications. Without limiting any of the other obligations or liability of CONTRACTOR, CONTRACTOR shall, at its sole expense, procure, maintain, and keep in force amounts and types of insurance conforming to the minimum requirements set forth in this subsection. Except as otherwise specified in this Agreement, the insurance shall become effective upon execution of this Agreement by CONTRACTOR and shall be maintained in force until the expiration of this Agreement's term and/or the expiration of all Work Orders issued under this Agreement, whichever comes first. Failure by CONTRACTOR to maintain insurance coverage within the stated period and in compliance with insurance requirements of COUNTY Term Contract for Pavement Management Program Services (IFB-602096-14/B JC) Page 1 I of 20 shall constitute a material breach of this Agreement, for which this Agreement may be immediately terminated by COUNTY. The amounts and types of insurance shall conform to the following minimum requirements: (1) Workers' ComRgmation/Employer's Liability. (A) CONTRACTOR's insurance shall cover CONTRACTOR for liability which 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 will also be responsible for procuring proper proof of coverage from its subcontractors of every tier for liability which 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 Workers' Compensation Act, where appropriate, coverage is to 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 shall 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 shall be: $500,000.00 (Each Accident) $500,000.00 (Disease-Policy Limit) $500,000.00 (Disease-Each Employee) Term Contract for Pavement Management Program Services (IM-602096-14BJC) Page 12 of 20 (2) Commercial General Liability. (A) CONTRACTOR's insurance shall cover CONTRACTOR for those sources of liability which 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, without the attachment of restrictive endorsements other than the elimination of Coverage C, Medical Payment, and the elimination of coverage for Fire Damage Legal Liability. (B) The minimum limits to be maintained by CONTRACTOR (inclusive of any amounts provided by an Umbrella or Excess Policy) shall be as follows. General Aggregate Two Times(2x) the Each Occurrence Limit Personal &Advertising $1,000,000.00 Injury Limit Each Occurrence Limit $1,000,000.00 (3) Professional Liability Insurance. CONTRACTOR shall carry Professional Insurance 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 shall cover CONTRACTOR for those sources of liability which would be covered by Part IV 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, without the attachment of restrictive endorsements. Coverage shall include owned, non- owned and hired autos or any autos. (B) The minimum limits to be maintained by CONTRACTOR(inclusive of any amounts provided by an Umbrella or Excess policy) shall be per-accident combined single limit for bodily injury liability and property damage liability. If the coverage is subject to an Term Contract for Pavement Management Program Services (IFB-602096-14BJC) Page 13 of 20 aggregate, CONTRACTOR shall maintain separate aggregate limits of coverage applicable to claims arising out of or in connection with the work under this Agreement. The separate aggregate limits to be maintained by CONTRACTOR shall be a minimum of three times(3x) the per-accident limit required and shall apply separately to each policy year or part thereof (C) The minimum amount of coverage under the Business Auto Policy shall be: Each Occurrence Bodily $1,000,000.00 Injury and Property Damage Liability Combined (d). Coverage. The insurance provided by CONTRACTOR pursuant to this Agreement shall apply on a primary and non-contributory basis, and any other insurance or self- insurance elfinsurance maintained by COUNTY or COUNTY's officials, officers, or employees shall be in excess of and not contributing to the insurance provided by or on behalf of CONTRACTOR, (e) Occurrence Basis. The Workers' Compensation policy and the Commercial General Liability and the Umbrella policy required by this Agreement shall be provided on an occurrence 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. M Obligations. Compliance with the foregoing insurance requirements shall not relieve CONTRACTOR., its employees, or its agents of liability from any obligation under a Section or any other portion 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 agree to exhaust COUNTY dispute resolution procedures prior to Term Contract for Pavement Management Program services (U7B-602036-14/BJC) Page 14 of 20 filing suit or otherwise pursuing legal remedies. COUNTY dispute resolution procedures for proper invoice and payment disputes are set forth in Section 22.15, "Prompt Payment Procedures," Seminole County Administrative Code. Contract claims include all controversies, except disputes addressed by the "Prompt Payment Procedures," arising under this Agreement within the dispute resolution procedures set forth in Section 3.5540, "Contract Claims," Seminole County Administrative Code. (b) CONTRACTOR agrees that it will file no suit or otherwise pursue legal remedies based on facts or evidentiary materials that were not presented for consideration in COUNTY dispute resolution procedures set forth in subsection (a) above of which CONTRACTOR had knowledge and Failed to present during COUNTY dispute resolution procedures. (c) In the event that COUNTY dispute resolution procedures are exhausted and a suit is filed or legal remedies are otherwise pursued, the parties shall exercise best efforts to resolve disputes through voluntary mediation. Mediator selection and the procedures to be employed in voluntary mediation shall be mutually acceptable to the parties. Costs of voluntary mediation shall be shared equally among the parties participating in the mediation 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 will arise. COUNTY, upon request by CONTRACTOR, will designate and advise CONTRACTOR in writing of one or more of its employees to whom all communications pertaining to the day to day conduct of this Agreement shall be addressed. The designated representative shall 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. Term Contract for Pavement Management Program Services (IFB-602036-14/BJC) Page 15 of 20 (b) CONTRACTOR shall at all times during the normal work week 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 shall keep COUNTY continually and effectively advised of such designation. Section 20. All Prior Agreements Superseded. This document incorporates and includes all prior negotiations, correspondence, conversations, agreements or understandings applicable to the matters contained herein 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 hereof shall 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 herein shall be effective unless contained in a written document executed with the same formahty and of equal dignity herewith. Section 22. Independent Contractor. It is agreed that nothing herein contained is intended or should 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 to be and shall 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 shall 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. Term Contract for Pavement Management Program Services (IFB-602096-14/BJC) Page 16 of 20 Section 24. Services Not Provided For. No claim for services furnished by CONTRACTOR not specifically provided for herein shall 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 Statues, 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 that said statute controls over the terms of this Agreement. (b) CONTRACTOR specifically acknowledges its obligations to comply with Section 119.071, Florida Statutes, with regard to public records, and shall: (1) keep and maintain public records that ordinarily and necessarily would be required by COUNTY in order to perforin the services required under this Agreement; (2) 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) ensure that public records that are exempt or confidential and exempt from public records disclosure requirements are not disclosed, except as authorized by law; and (4) meet all requirements for retaining public records and transfer, at no cost to the COUNTY, all public records in possession of CONTRACTOR upon termination of this Agreement and destroy any duplicate public records that are exempt or confidential and exempt from public records disclosure requirements. All records stored electronically must be provided Terra Contract for Pavement Management.Program Services (IFB-602096-14/B7C) Page 17 of 20 to COUNTY in a format that is compatible with the information technology system of COUNTY. (c) Failure to comply with this Section shall be deemed a material breach of this Agreement, for which COUNTY may terminate this Agreement immediately upon written notice to CONTRACTOR. Section 26. 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 provisions of such services including those now in effect and hereafter adopted. Any violation of said statutes, ordinances, rules or regulations shall constitute a material breach of this Agreement and shall entitle COUNTY to terminate this Agreement immediately upon delivery of written notice of termination to CONTRACTOR. Section 27. Patents and Royalties. Unless otherwise provided, CONTRACTOR shall be 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 which will allow continued use of the service or product. If none of the alternatives are reasonably available, COUNTY agrees to return the article on request to Term Contract for Pavement Management Program Services (IFB-502496-14BJC) Page IS of 20 CONTRACTOR and receive reimbursement, if any, as may be determined by a court of competent jurisdiction. Section 28. Notices, Whenever either party desires to give notice unto 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 shell remain such until it shall have been cbanged 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,to-wit: For COUNTY: Seminole County Public Works Department 1101 last first Street Sanford,Florida 32771 For CONTRACTOR: The Middlesex Corporation One Spectacle Pond Road Littleton,Massachusetts 01.460 Section 29. Rights At Law Retained. The rights and remedies of COUNTY provided for under thi-- Agreement are in addition and supplemental to any other rights and remedies provided by law. IN WITNESS WHEREOF,the parties hereto have made and executed this Agreement on the date below written for execution by COUNTY ATTEST: DLESEX CORPORATION r By: Robert N. Jacobso , ecretaTY D VIA CGI, VwQvffwA Senior Vice Preident tiniating (CORPORATE SEAL) Dater r/�21, �1 Term Contract for Pavement Management Program Services (MB-602095-14BJC) Page 19 of 20 SEIlIN4 iJN'l"'Y, FLORIDA B R AY H P�tlsallasitlg and o Print e Date: � 'f W' ess ri11t Name For the use and reliance As authorized for execution by Board of Seminole County only_ County Commissioners at its Il 20_ LL regular meeting. Approved fa legal suffTM ,/zl�� Countyo AMVk 08.114 1(},1414 P1AUs=\1 cpl Sc rehiry CSEAPurdnWng 2014\ff"2096MiddkswLdoc Attachments: Exhibit A-Scope of Services and Cost Structure Exhibit B-Sample Release Order Term Contract for Pavemeat Management Progra>,n Services (EPB-602096-14B)C) Page 20 of 20 106173397 PERFORMAiNICE E[yHL) ($500,000.00) Seminole County Contract No. IFB-802095-14/BJC SNOW ALI ;oEN BY THESE PRESEid'i'S that. The Middlesex Coloration (dame of CONTRACTOR) One Spectacle Pond Road, Littleton,MA 01460 (Address of CONTRACTOR) T CONTRACTOR's Telephone Number: _978-742-4400 . a COL1201ation (Corporation, Partnership, or Individual) hereinafter called Principal, and Trayclets Ca5ualqzz and Surety Compny of America (Name of Surety One Tower Square,Hartford, CT 06183 (Andress of Surety) Surety's Telephone Number: (800) 852-6677 hereinafter called Surety, are held and firmly bound unto SEMINOLE COUNTY, 'i 101 East First Street, Sanford, Florida 32771, hereinafter called COUNTY, in the sum of Five Hundred Thmisandanr 0011na DOLLARS ($ nn.0, no_nn ) in lawfui 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). COUN T Y's telephone number is (407) 665-7116. THE CONDITION OF THIS OBLIGATION is suc that whereas the Principal entered into a certain Agreement with COUNTY, dated the _ day ofi ., , 2� , 2014, a copy of which is hereto attached and made a ;part hereof for the Pa ment Manarlement—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, eauipment coordination, and_incidentals necessary for all Work related to the Pavement Management_Program_within Seminole County. PERFORMANCE BOND Page i of 5