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#14-6232 (Preferred Materials, Inc.)
AGREEMENT14-6232 for Asphalt, Milling & Related Items THIS AGREEMENT is made and entered into this °`' day of t'.,` , 2014, by and between the Board of County Commissioners for Collier County, Florida, a political subdivision of the State of Florida (hereinafter referred to as the "County" or "Owner") and Preferred Materials, Inc. as the Primary Contractor, authorized to do business in the State of Florida, whose business address is 5701 E. Hillsborough Avenue, Suite 1122, Tampa, Florida 33610 (hereinafter referred to as the "Contractor"). WITNESSETH: 1. COMMENCEMENT: The contract shall be for a one (1) year period, commencing on Date of Board award, and terminating one (1) year from that date, or until such time as all outstanding services ("Work") requested prior to the expiration of the Agreement period has been completed. This contract shall have three (3) one (1) year renewals, renewable annually. The County Manager, or his designee, may, at his discretion, extend the Agreement under all of the terms and conditions contained in this Agreement for up to one hundred eighty (180) days. The County Manager, or his designee, shall give the Contractor written notice of the County's intention to extend the Agreement term not less than ten (10) days prior to the end of the Agreement term then in effect. 2. STATEMENT OF WORK: The Board of County Commissioners deemed two (2) firms to be qualified and awarded a Contract to each firm for services as identified in Exhibit A, Scope of Work, hereby attached and incorporated by reference. Each awardee will enter into an Agreement to provide complete services for asphalt, milling and related services on an as-needed basis as may be required by the Owner in accordance with the terms and conditions of ITB #14- 6232 and the Contractor's proposal, which is incorporated by reference and made an integral part of this Agreement. The execution of this Agreement shall not be a commitment to the Contractor that any Work will be awarded to the Contractor. Rather, this Agreement governs the rights and obligation of the procedure to obtain Work outlined in the next paragraphs and all Work undertaken by Contractor for Owner pursuant to this Agreement during the term and any extension of the term of this Agreement. Although the primary user of this Contract is the Road Maintenance Department, any County Department may use this contract provided sufficient funds are included in its budget. The process for obtaining services under this Contract is as follows: Prior to the start of each individual job or group of jobs, the user department shall provide a description of Work to be performed to the Primary Contractor. The Primary Contractor shall have five (5) business days to respond that they are willing and able to complete the job(s) in the required time frame. The user department will then issue a Notice to Proceed, provided that there has been a Purchase Order established for the work. If the Primary Contractor cannot provide requested services within the timeframe specified by the user department, then the Secondary Contractor will then be contacted. The procedure for obtaining services is the same. Page -1- In each description of work, the Owner reserves the right to specify the period of completion and the collection of liquidated damages in the event of late completion. Any modifications to this Agreement shall be in compliance with the County Purchasing Ordinance and Procedures in effect at the time such modifications are authorized. 3. THE CONTRACT SUM: The Owner shall pay the Contractor for the performance of the Work as per attached Exhibit B Price Schedule. Any County agency may utilize the services offered under this contract, provided sufficient funds are included in its budget(s). 4. NOTICES: All notices required or made pursuant to this Agreement to be given by the County to the Contractor shall be made in writing and shall be delivered by hand, by fax, e-mail, or by the United States Postal Service Department, first class mail service, postage prepaid, addressed to the following Contractor's address of record: Preferred Materials, Inc. 5701 E. Hillsborough Avenue, Suite 1122 Tampa, Florida 33610 Phone: 813-612-5740; Fax: 813-664-8526 Attn: Jerry Fletcher, Project Manager Email: jerry.fletcher @preferredmaterials.com All notices required or made pursuant to this Agreement to be given by the Contractor to the County shall be in writing and shall be delivered by hand, by fax, e-mail, or by United States Postal Service Department, first class mail service, postage prepaid, addressed to the following County's address of record: Collier County Government Complex Purchasing Department 3327 East Tamiami Trail Naples, Florida 34112 Attention: Joanne Markiewicz Director, Procurement Services Phone: 239-252-8407 Fax: 239-252-6480 The Contractor and the County may change the above mailing address at any time upon giving the other party written notification. All notices under this Service Agreement must be in writing. 5. NO PARTNERSHIP: Nothing herein contained shall create or be construed as creating a partnership between the County and the Contractor or to constitute the Contractor as an agent of the County. 6. PERMITS: LICENSES: TAXES: In compliance with Section 218.80, Florida Statutes, all permits necessary for the prosecution of the Work shall be obtained by the Contractor. Payment for all such permits issued by the County shall be processed internally by the County. Contractor is not responsible for paying for permits issued by Collier County, but is responsible for acquiring all permits. Owner may require the Contractor to deliver internal budget transfer documents to applicable Collier county agencies when the Contractor is acquiring permits. Page -2- �� All permits, fees and licenses necessary for the prosecution of the Work which are not issued by Collier County shall be acquired and paid for by the Contractor. Owner will not be obligated to pay for any permits obtained by Subcontractors. Contractor shall pay all sales, consumer, use and other similar taxes associated with the Work or portions thereof, which are applicable during the performance of the Work. 7. NO IMPROPER USE: The Contractor will not use, nor suffer or permit any person to use in any manner whatsoever, county facilities for any improper, immoral or offensive purpose, or for any purpose in violation of any federal, state, county or municipal ordinance, rule, order or regulation, or of any governmental rule or regulation now in effect or hereafter enacted or adopted. In the event of such violation by the Contractor or if the County or its authorized representative shall deem any conduct on the part of the Contractor to be objectionable or improper, the County shall have the right to suspend the Contract of the Contractor. Should the Contractor fail to correct any such violation, conduct, or practice to the satisfaction of the County within twenty-four (24) hours after receiving notice of such violation, conduct, or practice, such suspension to continue until the violation is cured. The Contractor further agrees not to commence operation during the suspension period until the violation has been corrected to the satisfaction of the County. 8. TERMINATION: Should the Contractor be found to have failed to perform his services in a manner satisfactory to the County and requirements of this Agreement, the County may terminate said Agreement for cause; further the County may terminate this Agreement for convenience with a thirty (30) day written notice. The County shall be sole judge of non-performance. 9. NO DISCRIMINATION: The Contractor agrees that there shall be no discrimination as to race, sex, color, creed or national origin. 10. INSURANCE: The Contractor shall provide insurance as follows: A. Commercial General Liability: Coverage shall have minimum limits of $3,000,000 Per Occurrence, $2,000,000 aggregate, for Bodily Injury Liability and Property Damage Liability. This shall include Premises and Operations; Independent contractors; Products and Completed Operations and Contractual Liability. B. Business Auto Liability: Coverage shall have minimum limits of $1,000,000 Per Occurrence, Combined Single Limit for Bodily Injury Liability and Property Damage Liability. This shall include Owned Vehicles, Hired and Non-Owned Vehicles and Employee Non- Ownership. C. Workers' Compensation: Insurance covering all employees meeting Statutory Limits in compliance with the applicable state and federal laws. The coverage must include Employers' Liability with a minimum limit of $1,000,000 for each accident. Special Requirements: Collier County Board of County Commissioners shall be listed as the Certificate Holder and included as an Additional Insured on the Comprehensive General Liability. Current, valid insurance policies meeting the requirement herein identified shall be maintained by Contractor during the duration of this Agreement. Renewal certificates shall be sent to the County ten (10) days prior to any expiration date. There shall be a thirty (30) day notification to the County in the event of cancellation or modification of any stipulated insurance coverage. Page -3- Contractor shall ensure that all subcontractors comply with the same insurance requirements that he is required to meet. The same Contractor shall provide County with certificates of insurance meeting the required insurance provisions. 11. INDEMNIFICATION: To the maximum extent permitted by Florida law, the Contractor shall indemnify and hold harmless Collier County, its officers and employees from any and all liabilities, damages, losses and costs, including, but not limited to, reasonable attorneys' fees and paralegals' fees, to the extent caused by the negligence, recklessness, or intentionally wrongful conduct of the Contractor or anyone employed or utilized by the Contractor in the performance of this Agreement. This indemnification obligation shall not be construed to negate, abridge or reduce any other rights or remedies which otherwise may be available to an indemnified party or person described in this paragraph. This section does not pertain to any incident arising from the sole negligence of Collier County. 11.1 The duty to defend under this Article 11 is independent and separate from the duty to indemnify, and the duty to defend exists regardless of any ultimate liability of the Contractor, Owner and any indemnified party. The duty to defend arises immediately upon presentation of a claim by any party and written notice of such claim being provided to Contractor. Contractor's obligation to indemnify and defend under this Article 11 will survive the expiration or earlier termination of this Agreement until it is determined by final judgment that an action against the Owner or an indemnified party for the matter indemnified hereunder is fully and finally barred by the applicable statute of limitations. 12. BONDS. A. When a construction project is in excess of $200,000, the Contractor(s) shall be required to provide Payment and Performance Bonds. B. When required by Owner, the Contractor shall furnish a Performance and/or Payment Bond prior to commencing performance, for the full amount of the Work, which shall act as a security guaranteeing the performance of the Contractor's work and the payment by the Contractor to any other party (ies) providing labor and/or materials in connection with each construction or renovation project performed by the Contractor. The bonds shall be furnished using the forms prescribed in Exhibit "C". C. If the surety for any bond furnished by Contractor is declared bankrupt, becomes insolvent, its right to do business in the State of Florida, or it ceases to meet the requirements imposed by the Contract Documents, the Contractor shall, within five (5) calendar days thereafter, substitute another bond and surety, both of which shall be subject to the Owner's approval. 13. PAYMENTS WITHHELD. Owner may decline to approve any Payment, or portions thereof, because of defective or incomplete work, outstanding punchlist items, subsequently discovered evidence or subsequent inspections. The Owner may nullify the whole or any part of any approval for payment previously issued and Owner may withhold any payments otherwise due Contractor under this Agreement or any other agreement between Owner and Contractor, to such extent as may be necessary in the Owner's opinion to protect it from loss because of: (a) defective Work not remedied; (b) third party claims failed or reasonable evidence indicating probable fling of such claims; (c) failure of Contractor to make payment properly to subcontractors or for labor, materials or equipment; (d) reasonable doubt that the Work can be Page -4- completed for the unpaid balance of the Contract Amount; (e) reasonable indication that the Work will not be completed within the Time specified in the Notice to Proceed; (f) unsatisfactory prosecution of the Work by the Contractor; or (g) any other material breach of the Contract Documents. If any conditions described above are not remedied or removed, Owner may, after three (3) days written notice, rectify the same at Contractor's expense. Owner also may offset against any sums due Contractor the amount of any liquidated or unliquidated obligations of Contractor to Owner, whether relating to or arising out of this Agreement or any other agreement between Contractor and Owner. 14. SUBMITTALS AND SUBSTITUTIONS. Any substitution of products/materials from specifications shall be approved in writing by Owner in advance. 15. CONTRACT TIME AND TIME EXTENSIONS. A. Time is of the essence in the performance of any Work under this Agreement and Contractor shall diligently pursue the completion of the Work and coordinate the Work being done on the Project by its subcontractors and materialmen, as well as coordinating its Work with all work of others at the Project Site, so that its Work or the work of others shall not be delayed or impaired by any act or omission by Contractor. Contractor shall be solely responsible for all construction means, methods, techniques, sequences, and procedures as well as coordination of all portions of the Work under the Contract Documents, and the coordination of Owner's supplies and contractors. B. The "Commencement Date" of all Work to be performed under this Agreement shall be established in the Notice to Proceed to be issued by the Owner. Contractor shall commence the work within five (5) calendar days from the Commencement Date. No Work shall be performed at the Work site prior to the Commencement Date. Any Work performed by Contractor prior to the Commencement Date shall be at the sole risk of Contractor. C. Any delay caused by availability or capability of the Primary Contractor in the commencement of the Work described herein shall constitute the County's right to utilize the Secondary Contractor without penalty or shall not give rise to damages or additional compensation from County. Primary Contractor expressly acknowledges and agrees that it shall receive no damages or additional compensation for work issued to the Secondary Contractor for any reason. D. Should Contractor be obstructed or delayed in the prosecution of or completion of the Work as a result of unforeseeable causes beyond the control of Contractor, and not due to its fault or neglect, including but not restricted to acts of Nature or of the public enemy, acts of Government, fires, floods, epidemics, quarantine regulation, strikes or lockouts, Contractor shall notify the Owner in writing within forty-eight (48) hours after the commencement of such delay, stating the cause or causes thereof, or be deemed to have waived any right which Contractor may have had to request a time extension. E. No interruption, interference, inefficiency, suspension or delay in the commencement or progress of the Work from any cause whatever, including those for which Owner may be responsible, in whole or in part, shall relieve Contractor of his duty to perform or give rise to any right to damages or additional compensation from Owner. Contractor expressly acknowledges and agrees that it shall receive no damages for delay. Contractor's sole remedy, if any, against Owner will be the right to seek an extension to the Work Time; provided, however, the granting of any such time extension shall not be a condition precedent to the aforementioned "No Damage for Delay" provision. This paragraph shall expressly apply to claims for early completion, as well as to claims based on late completion. Page -5- 410 16. CHANGES IN THE WORK. Owner shall have the right at any time during the progress of the Work to increase or decrease the Work. Promptly after being notified of a change, Contractor shall submit an itemized estimate of any cost or time increases or savings it foresees as a result of the change. Except in an emergency endangering life or property, or as expressly set forth herein, no addition or changes to the Work shall be made except upon modification of the Purchase Order by Owner, and Owner shall not be liable to the Contractor for any increased compensation without such modification. No officer, employee or agent of Owner is authorized to direct any extra or changed work orally. 17. COMPLIANCE WITH LAWS. Contractor agrees to comply, at its own expense, with all federal, state and local laws, codes, statutes, ordinances, rules, regulations and requirements applicable to the Project, including but not limited to those dealing with taxation, workers' compensation, equal employment and safety (including, but not limited to, the Trench Safety Act, Chapter 553, Florida Statutes, and the Florida Public Records Law Chapter 119 (including specifically those contractual requirements at F.S. § 119.0701(2)(a)-(d) and (3))). If Contractor observes that the Contract Documents are at variance therewith, it shall promptly notify Owner in writing. 18. CLEAN UP. Contractor agrees to keep the Work site clean at all times of debris, rubbish and waste materials arising out of the Work. At the completion of the Work, Contractor shall remove all debris, rubbish and waste materials from and about the Work site, as well as all tools, appliances, construction equipment and machinery and surplus materials, and shall leave the Project site clean and ready for occupancy by Owner. 19. ASSIGNMENT. Contractor shall not assign this Agreement or any part thereof, without the prior consent in writing of Owner. If Contractor does, with approval, assign this Agreement or any part thereof, it shall require that its assignee be bound to it and to assume toward Contractor all of the obligations and responsibilities that Contractor has assumed toward Owner. 20. WARRANTY. Contractor shall obtain and assign to Owner all express warranties given to Contractor or any subcontractors by any materialmen supplying materials, equipment or fixtures to be incorporated into the Project. Contractor warrants to Owner that any materials and equipment furnished under the Contract Documents shall be new unless otherwise specified, and that all Work shall be of good quality, free from all defects and in conformance with the Contract Documents. Contractor further warrants to Owner that all materials and equipment furnished under the Contract Documents shall be applied, installed, connected, erected, used, cleaned and conditioned in accordance with the instructions of the applicable manufacturers, fabricators, suppliers or processors except as otherwise provided for in the Contract Documents. If, within one (1) year after final completion, any Work is found to be defective or not in conformance with the Contract Documents, Contractor shall correct it promptly after receipt of written notice from Owner, and shall be delivered by hand, by fax, e-mail, or by the United States Postal Service Department, first class mail service, postage prepaid. Contractor shall also be responsible for and pay for replacement or repair of adjacent materials or Work which may be damaged as a result of such replacement or repair. These warranties are in addition to those implied warranties to which Owner is entitled as a matter of law. Page -6- 21. STANDARDS OF CONDUCT: PROJECT MANAGER, SUPERVISOR, EMPLOYEES. The Contractor shall employ people to work on County projects who are neat, clean, well-groomed and courteous. Subject to the American with Disabilities Act, Contractor shall supply competent employees who are physically capable of performing their employment duties. The County may require the Contractor to remove an employee it deems careless, incompetent, insubordinate or otherwise objectionable and whose continued employment on Collier County projects is not in the best interest of the County. 22. TESTS AND INSPECTIONS. If the Contract Documents or any codes, laws, ordinances, rules or regulations of any public authority having jurisdiction over the Project requires any portion of the Work to be specifically inspected, tested or approved, Contractor shall assume full responsibility therefore, pay all costs in connection therewith and furnish to the Owner the required certificates of inspection, testing or approval. All inspections, tests or approvals shall be performed in a manner and by organizations acceptable to the Owner. 23. PROTECTION OF WORK. A. Contractor shall fully protect the Work from loss or damage and shall bear the cost of any such loss or damage until final payment has been made. If Contractor or anyone for whom Contractor is legally liable is responsible for any loss or damage to the Work, or other work or materials of Owner or Owner's separate contractors, Contractor shall be charged with the same, and any monies necessary to replace such loss or damage shall be deducted from any amounts due Contractor. B. Contractor shall not load nor permit any part of any structure to be loaded in any manner that will endanger the structure, nor shall Contractor subject any part of the Work or adjacent property to stresses or pressures that will endanger it. C. Contractor shall not disturb any benchmark established by the Owner with respect to the Project. If Contractor, or its subcontractors, agents or anyone, for whom Contractor is legally liable, disturbs the Owner's benchmarks, Contractor shall immediately notify Owner. The Owner shall re-establish the benchmarks and Contractor shall be liable for all costs incurred by Owner associated therewith. 24. PROJECT EMERGENCIES. In the event of any emergency affecting the safety or protection of persons or the Work or property at the Project site or adjacent thereto, Contractor, without special instruction or authorization from Owner is obligated to act to prevent threatened damage, injury or loss. Contractor shall give the Owner written notice within forty-eight (48) hours after the occurrence of the emergency, if Contractor believes that any significant changes in the Work or variations from the Contract Documents have been caused thereby. If the Owner determines that a change in the Contract Documents is required because of the action taken in response to an emergency, a Change Order shall be issued to document the consequences of the changes or variations. If Contractor fails to provide the forty-eight (48) hour written notice noted above, the Contractor shall be deemed to have waived any right it otherwise may have had to seek an adjustment to the Contract Amount or an extension to the Contract Time. Page -7- 25. COMPLETION. Owner reserves the right to inspect the Work and make an independent determination as to the acceptability of the Work. Unless and until the Owner is completely satisfied, payment shall not become due and payable. 26. CONTRACT ADMINISTRATION. This Agreement shall be administered on behalf of the County by the Road Maintenance Department. 27. COMPONENT PARTS OF THIS CONTRACT. This Contract consists of the attached or referenced component parts, all of which are as fully a part of the Agreement as if herein set out verbatim, including: Exhibit A Scope of Services, Exhibit B Price Schedule, Exhibit C Bonds, Contractor's Proposal, Insurance Certificate(s), ITB #14-6232, any addenda, any Purchase Order made or issued pursuant to this Agreement, and any related plans or specifications for any such Purchase Orders. 28. PROHIBITION OF GIFTS TO COUNTY EMPLOYEES. No organization or individual shall offer or give, either directly or indirectly, any favor, gift, loan, fee, service or other item of value to any County employee, as set forth in Chapter 112, Part III, Florida Statutes, Collier County Ethics Ordinance No. 2004-05, as amended, and County Administrative Procedure 5311. Violation of this provision may result in one or more of the following consequences: a. Prohibition by the individual, firm, and/or any employee of the firm from contact with County staff for a specified period of time; b. Prohibition by the individual and/or firm from doing business with the County for a specified period of time, including but not limited to: submitting bids, RFP, and/or quotes; and, c. immediate termination of any contract held by the individual and/or firm for cause. 29. SUBJECT TO APPROPRIATION. It is further understood and agreed, by and between the parties herein that this Agreement is subject to appropriation by the Board of County Commissioners. 30. SALES TAX. Collier County, Florida as a political subdivision of the State of Florida, is exempt from the payment of Florida sales tax to its vendors under Chapter 212, Florida Statutes, Certificate of Exemption # 85-8015966531C-2. Contractor shall pay all sales, consumer, use and other similar taxes associated with the Work or portions thereof, which are applicable during the performance of the Work. No markup shall be applied to sales tax. 31. IMMIGRATION LAW COMPLIANCE: By executing and entering into this agreement, the Contractor is formally acknowledging without exception or stipulation that it is fully responsible for complying with the provisions of the Immigration Reform and Control Act of 1986 as located at 8 U.S.C. 1324, et seq. and regulations relating thereto, as either may be amended. Failure by the Contractor to comply with the laws referenced herein shall constitute a breach of this agreement and the County shall have the discretion to unilaterally terminate this agreement immediately. 32. VENUE: Any suit or action brought by either party to this Agreement against the other party relating to or arising out of this Agreement must be brought in the appropriate federal or state courts in Collier County, Florida, which courts have sole and exclusive jurisdiction on all such matters. Page -8- 33. OFFER EXTENDED TO OTHER GOVERNMENTAL ENTITIES: Collier County encourages and agrees to the successful proposer extending the pricing, terms and conditions of this solicitation or resultant contract to other governmental entities at the discretion of the successful proposer. 34. AGREEMENT TERMS: If any portion of this Agreement is held to be void, invalid, or otherwise unenforceable, in whole or in part, the remaining portion of this Agreement shall remain in effect. 35. SECURITY. If required, Contractor shall be responsible for the costs of providing background checks by the Collier County Facilities Management Department for all employees that shall provide services to the County under this Agreement. This may include, but not be limited to, checking federal, state and local law enforcement records, including a state and FBI fingerprint check, credit reports, education, residence and employment verifications and other related records. Contractor shall be required to maintain records on each employee and make them available to the County for at least four (4) years. 36. DISPUTE RESOLUTION. Prior to the initiation of any action or proceeding permitted by this Agreement to resolve disputes between the parties, the parties shall make a good faith effort to resolve any such disputes by negotiation. The negotiation shall be attended by representatives of Contractor with full decision-making authority and by County's staff person who would make the presentation of any settlement reached during negotiations to County for approval. Failing resolution, and prior to the commencement of depositions in any litigation between the parties arising out of this Agreement, the parties shall attempt to resolve the dispute through Mediation before an agreed-upon Circuit Court Mediator certified by the State of Florida. The mediation shall be attended by representatives of Contractor with full decision- making authority and by County's staff person who would make the presentation of any settlement reached at mediation to County's board for approval. Should either party fail to submit to mediation as required hereunder, the other party may obtain a court order requiring mediation under section 44.102, Fla. Stat. Any suit or action brought by either party to this Agreement against the other party relating to or arising out of this Agreement must be brought in the appropriate federal or state courts in Collier County, Florida, which courts have sole and exclusive jurisdiction on all such matters. 37. SAFETY. All contractors and subcontractors performing service for Collier County are required and shall comply with all Occupational Safety and Health Administration (OSHA), State and County Safety and Occupational Health Standards and any other applicable rules and regulations. Also all Contractors and subcontractors shall be responsible for the safety of their employees and any unsafe acts or conditions that may cause injury or damage to any persons or property within and around the work site. Collier County Government has authorized the Occupational Safety and Health Administration (OSHA) to enter any Collier County Facility, property and/or right-of-way for the purpose of inspection of any Contractor's work operations. This provision is non-negotiable by any department and/or Contractor. All applicable OSHA inspection criteria apply as well as all Contractor rights, with one exception. Contractors do not have the right to refuse to allow OSHA onto a project that is being performed on Collier County Property. Collier County, as the owner of the property where the project is taking place shall be the only entity allowed to Page -9- refuse access to the project. However, this decision shall only be made by Collier County's Risk Management Department Safety Manager and/or Safety Engineer. ***************************Remainder of page intentionally left blank*************************** c Page -10- IN WITNESS WHEREOF, the Contractor and the County, have each, respectively, by an authorized person or agent, hereunder set their hands and seals on the date and year first above written. BOARD OF COUNTY COMMISSIONERS ATTEST: COLLIER •UN Y, FLORIDA Dwight E. Brock _Clerk of Courts • _ Tom Henning, Chai ` an Dated: ' "' 1 Attest.as.ta(lair?an's Signature only. Preferred Materials, Inc. Contractor By: First Witness Sig Marizabed Perez Assistant Secretary Gregory P. Baier - % - ident Print Name and Title Print Name and Title / / • // Second"Witness Susan J. Hibbard Estimating Assistant Print Name and Title Approved as to Form and Legal • _?1/7 ) kc7p1 -AsststarrtCounty Attorney Page -11- �� EXHIBIT A Scope of Work Contract 14-6232 Asphalt, Milling and Related Items The purpose of this Agreement is for the Annual Overlay Maintenance Program, Conversion Program and any other Maintenance activities to maintain all Collier County owned asphalt & other roadways to meet or exceed minimum standards. The Contractor shall furnish and deliver asphalt & related items. This Agreement is for the milling and paving of certain roads (Scheduled Work) in addition to spot repairs (Scheduled and Unscheduled Work) as well as other related work including base work and other types of road surface applications, as well as any Emergency Work. This Agreement will also be available for use by other County Departments. Asphalt and Related Items: The items listed on Exhibit B shall meet or exceed Florida Department of Transportation specifications for all services to be performed under this Agreement ("Work"). Asphalt Laid In Place: Contractor shall lay asphalt in place in conformity with the current issue of the Florida Department of Transportation (FDOT) Standard Specifications for Road and Bridge Construction and the requirements of the Project Manager for each particular job to include mobilization, MOT and any other expense necessary in the unit prices. The asphalt will typically range from one half inch to three inch courses depending on the project. There may be instances when a leveling course or several courses are required prior to the surface course and each course shall be paid at the same unit price by the ton. The work shall include grading back pavement edge, sweeping the surface as directed by the Project Manager, applying tack coat, providing the asphalt hot mix, laying the asphalt in place, and rolling the asphalt surface with both a steel wheel compactor and a rubber-tire roller leaving the surface in a smooth defect free surface. The areas must be cleaned and free of all debris and materials prior to acceptance by the County. Unit price shall include labor, equipment, and materials for varying sizes of jobs as described below: Small Jobs - Up to 200 Tons Medium Jobs - 201 Tons to 400 Tons Large Jobs - More than 400 Tons This item consists of three types of projects: Class I, Resurfacing Projects: The prices shall include grading back pavement edge, milling the existing surface when required under another unit price, sweeping the existing pavement surface, providing the asphalt tack material and tacking the existing pavement, providing the asphalt hot mix and laying the asphalt in place, and rolling the asphalt surface with both a steel wheel compactor and a rubber-tire roller leaving a smooth defect free surface. Class II, Placing Asphalt Surface Over Prepared Base: For roadway which has been primed and sanded/lean mixed, the prices shall include sweeping the surface as directed by the Project Manager, providing the asphalt tack material and tack existing surface, providing the asphalt hot mix and laying the asphalt in place, and rolling the asphalt surface with both a steel wheel compactor and a rubber-tire roller leaving a smooth defect free surface. Class III, Placing Asphalt Surface on OTHER than Roadways (i.e., bike paths, sidewalks, parking lots, alleyways, paved ditches, etc.): The price shall include grading back pavement edge, milling the existing surface when required under another unit price, sweeping the existing paving surface or primed and sanded area, providing the asphalt tack materials and Page -12- vJ, tacking the existing surface, providing the asphalt hot mix and laying the asphalt in place, and rolling the asphalt surface with both a steel wheel compactor and a rubber-tire roller leaving a smooth defect free surface. Apply Prime to a Prepared Base: Contractor shall prime an area after the base material has been prepared to protect the surface prior to when asphalt is laid in place in conformity with the current issue of the FDOT's Standard Specifications for Road and Bridge Construction and requirements of the Project Manager for each particular job. Price is by the square yard for either prime and sand or prime and lean mix. This item may also be used for the application of other surface treatment projects as requested by the Project Manager. Price shall include labor, equipment, and materials depending on the size of the job as described below: Small Jobs - Up to 3200 sq. yds. Medium Jobs - 3201sq. yds. to 6400 sq. yds. Large Jobs - More than 6401 sq. yds. Other Asphalt Related Items - Picked Up At Plant: The County reserves the right to purchase liquid asphalt such as RC-70 or other liquid emulsified asphalt products from any Contractor to which "Cold Mix at Plant" and "Hot Mix at Plant" is awarded. Such purchases shall be at the applicable bid amount, or prevailing retail non-bid prices whichever is less, and may be purchased in any quantity including small quantities when cold mix and hot mix is picked up by the County. "Hot Mix at Plant" will include all types of mix, such as SP-9.5, SP-12.5, FC-5, FC-9.5, FC-12.5, S-I, S-III, etc. "Cold Mix" and "Hot Mix" at plant shall be bid by the ton. Liquid asphalt items shall be priced by the gallon. Barricades, Guards and Safety Provisions: The responsibility for the installation and maintenance of adequate traffic control devices, warning devices, barriers and flagmen for the protection of the traveling public and workmen, as well as to safeguard the delivery area in general shall be the responsibility of the Contractor. Such provisions shall conform to the FDOT Manual on Traffic Control and Safe Practices, FDOT Standard Index Series 600, and part VI of the Manual on Uniform Traffic Control Devices (MUTCD). The Contractor shall conduct his operations in such a manner that no hazard will result, and the procedures and policies described therein shall in no way act as a waiver of any of the terms of the liability of the ContractorNendor or his surety. Maintenance of Traffic Plan, personnel, equipment, and materials shall conform to CMA Instruction 5807, Maintenance of Traffic, a copy of which is available in the Risk, Purchasing or Road Maintenance departments. Spot Repairs: Spot repairs will be scheduled and not be of an emergency type. These types of repairs will be paid at Unit Price as listed in Exhibit B without adjustment for asphalt price index changes. Emergency Spot Repairs: Emergency spot repairs of roadways and other surfaces may be required by various County departments and shall be based on Priority Rating with specific timeframes as follows:. Priority 1 repairs shall require the Contractor to respond on-site within two (2) hours to evaluate and to mobilize equipment to site within twelve (12) hours. Priority 2 repairs shall require the Contractor to respond on-site within twenty four (24) hours to evaluate and to mobilize equipment on site within Forty-eight (48) hours. Page -13- 0 Priority 3 repairs shall require the Contractor to respond on-site within forty-eight (48) hours to evaluate and to mobilize equipment and respond on site within seventy-two (72) hours Emergency spot repairs will be bid on the response and equipment mobilization times and will be paid in addition to the unit bid price for asphalt on the size of the spot repair made. In the event the Contractor does not respond by the Priority Requested in the specified timeframes no additional charge will be paid for by the County other than the bid unit price for asphalt. Should a Contractor refuse to perform spot repairs three (3) consecutive times or an Emergency Spot Repair one (1) time, their contract may be terminated at the discretion of the County. Milling Scope of Work: The Work specified consists of removing existing asphaltic concrete pavement by milling to improve the ride-ability of the finished pavements, to lower the finished grade adjacent to existing curb prior to resurfacing, or to completely remove existing pavement and/or incorporate the milled material into the lime rock base. General performance of the work under these specifications shall be in accordance with FDOT Standard Specifications for construction. • When milling to remove a layer of asphalt, an average depth of cut shall be between approximately one (1) inch to two (2) inches. The Project Manager will determine the depth of the milling to take place and may require an adequate number of bore samples to be taken by Contractor at no additional cost to the project. • When milling to incorporate the asphalt material with the lime rock base, an average depth of cut shall be between approximately three (3) to five (5) inches (e.g., one (1) inch of surface treatment and two (2) to four (4) inches of lime rock base, both milled and mixed). Equipment: The milling machine shall be capable of maintaining a depth of cut cross slope that will achieve the results specified in the specifications. The overall length of the machine (out-to-out measurement excluding the conveyer) shall be a minimum of eighteen (18) feet. The minimum cutting width shall be six (6) feet. The milling machine shall be equipped with a built-in automatic grade control system that can control the transverse slope and the longitudinal profile to produce the specified results. Any commercially manufactured milling machine meeting the above requirements will be approved to start the project. If it becomes evident after milling has started that the milling machine cannot consistently produce the specified results, the milling machine will be rejected for further use. When milling to lower the grade adjacent to existing curb or other areas where it is impractical to use the equipment described above, the use of a smaller milling machine will be permitted. The milling machine shall be equipped with means to effectively limit the amount of dust escaping the removal operation. For complete pavement removal, the use of alternate removal and crushing equipment, in lieu of the equipment specified above, may be approved by the County or its authorized representative. Bump Milling: Small machine milling will be required to create a smooth transition with existing asphalt or around structures to allow smooth transitions from existing to newly placed asphalt when only an overlay is being done. The use of a small machine will be at the discretion of the Project Manager and a large milling machine may be required to produce the desired finished product. Bump Page -14- milling will not be paid for as a separate item and shall be considered as part of the per ton pay item of asphalt by the ton. Pre-Construction Conference: Immediately after awarding the Contract but before the Contractor begins work on any project, the Project Manager will call a pre-construction conference at a place the Project Manager designates to go over the construction aspects of the project. This meeting will be mandatory. Construction: When milling to remove a layer of asphalt, the existing pavement shall be removed to the average depth specified in the plan or work order, in a manner that will restore the pavement surface to a uniform cross section and longitudinal profile. Remove the existing raised reflective pavement markers prior to milling. Include the cost of removing existing pavement markers in the price for milling. The longitudinal profile of the milled surface shall be established on the side of the cut nearest the centerline of the road. The cross slope of the milled surface shall be established by a second sensing device near the outside edge of the cut or by an automatic cross slope control mechanism. The plans may waive the requirement for automatic grade or cross slope controls where the situation warrants such action. The Contractor may elect to make multiple cuts to achieve the required pavement configuration of depth of cut. The milling machine shall be operated to effectively minimize the amount of dust being emitted from the machine. Pre-wetting of the pavement may be required. If traffic is to be maintained on the milled surface prior to the placement of the new asphaltic concrete, the pattern of striations shall be such as to produce an acceptable riding surface. The Project Manager or his authorized representative will control the traveling speed of the milling machine to produce a texture that will provide an acceptable riding surface. Prior to opening an area to traffic, which has been milled, the pavement shall be thoroughly swept with a power broom or other approved equipment to remove to the greatest extent practicable, fine material which will dust under traffic. This operation shall be conducted in a manner so as to minimize the potential for creation of a traffic hazard and to minimize air pollution. At the discretion of the Project Manager or his authorized representative in consideration of site conditions, such operations to remove excess material may be waived. To prevent, to the greatest extent practicable, the infiltration of milled material into the storm sewer system when the milling operation is within the limits of, and adjacent to a municipal curb and gutter or a closed drainage system, the sweeping operation shall be performed immediately after the milling operations or as directed by the Project Manager or his authorized representative. This operation shall also include the thorough removal of all milled material from the gutter in such a manner as to protect the curb from damage and to prevent the material from being swept into the inlet openings or inlet grates. The equipment and methods utilized to sweep the gutter shall be approved prior to beginning and may be changed or revised to achieve the desired results as directed by the Project Manager or his authorized representative. If it is determined the contractor did not prevent milled material from depositing in a storm water structure or system the contractor at their own expense will have the structure or system cleaned to a minimum of 99% clear at no cost to the County. Page -15- Milled Surface: Provide a milled surface that shall have a reasonable uniform texture, within one quarter (1/4) inch of a true profile grade, and with no deviation in excess of one quarter (1/4) inch from a straightedge applied to the pavement perpendicular to the centerline. Ensure that the variation of the longitudinal joint between multiple cut areas does not exceed 1/4 inch. The Project Manager may accept areas varying from a true surface in excess of the above stated tolerance without correction if the Project Manager or his authorized representative determines that they were caused by a pre-existing condition which could not have reasonably been corrected by the milling operations. Correct any unsuitable texture or profile, as determined by the Project Manager or his authorized representative, at no additional expense to the Department. The Project Manager or his authorized representative may require re-milling of any area where a surface lamination causes a non-uniform texture to occur. Where milling is to include a depth exceeding the asphalt layer and including the road base, the Project Manager will direct the Contractor to prime and seal the area prior to opening lanes to traffic and the Contractor shall be held responsible for all site conditions during and following the milling operation. In situations where milling/asphalt overlay or milling surface/base prime and seal occur, the Contractor shall be responsible for all traffic control measures in accordance with FDOT standards and Collier County standards. Ownership of Millings: The Project Manager may at any time request to keep the millings from any project performed under this contract. The Contractor will transport the millings to a specified Holding area or site within Collier County the same day as requested at no additional cost to the County. Otherwise the Contractor must load, haul and dispose of or retain millings in accordance with all laws, regulations and ordinances. Control Of Scheduled Work Submission of Working Schedule: Within five (5) calendar days after issuance of a Notice to Proceed or list of Work assignments, projects, submit to the Project Manager a work progress schedule for each assignment.. • Provide a schedule that shows the various activities of work in sufficient detail to demonstrate a reasonable and workable plan to complete the project within the provided time frame. Show the order and interdependence of activities and the sequence for accomplishing the work. Describe all activities in sufficient detail so that the Project Manager can readily identify the work and measure the progress on/of each activity. Show each activity with a beginning work date, duration, and a completion date. Include activities for procurement fabrication, delivery of materials and equipment, and review time for shop drawings and submittals. Include milestone activities when milestones are required by the Contract Documents. In a project with more than one phase, adequately identify each phase and its completion date, and do not allow activities to span more than one phase. Submit a working plan with the schedule, consisting of a concise written description of the maintenance plan. • The Project Manager will return inadequate schedules to the Contractor for corrections. Resubmit a corrected schedule within five (5) calendar days from the date of the Project Manager's return transmittal. When approved, the Project Manager will use this original schedule as the baseline against which to measure the progress. Page -16- • Submit an updated Work Progress Schedule only when the Project Manager requests it. If the Project Manager requires revisions to the working schedule, furnish revised charts and analyses within two (2) calendar days after the Project Manager provides such notification. • If the Contractor fails to finalize either the initial or a revised schedule in the time specified, the Project Manager will withhold all Contract payments until the Project Manager approves the schedule. Beginning Work: Notify the Project Manager not less than five (5) days in advance of the planned start date of Work. Upon the receipt of such notice, the Project Manager may give the Contractor Notice to Proceed and may designate the point or points to start the work. In the Notice to Proceed, the Project Manager may waive the five (5) day advance notice and authorize the Contractor to begin immediately. Notify the Project Manager in writing at least two (2) days in advance of the starting date of important features of the work. Do not commence work under the Contract until after the Project Manager has issued the Notice to Proceed. The Project Manager will issue the Notice to Proceed for work when deemed necessary and when funding is available. Compliance with Time Requirements: Commence Work in accordance with the approved working schedule and provide sufficient labor, materials and equipment to complete the work within the time limit(s) set forth in the Notice to Proceed . Preconstruction Conference: Immediately after awarding the Contract but before the Contractor begins work, the Project Manager will call a pre-construction conference at a place the Project Manager designates to go over the construction aspects of the project. Attend this meeting, along with the Department and the various utility companies that will be involved with the road construction. This meeting will be mandatory. Alteration of Plans or of Character of Work General: The Project Manager reserves the right to make, at any time prior to or during the progress of the work, such increases or decreases in quantities, and such alterations in the details of construction, including but not limited to alterations in the grade or alignment of the road or structure or both, as may be found necessary or desirable by the Project Manager. Such increases, decreases or alterations shall not constitute a breach of Contract and shall not invalidate the Contract. At the Project Manager's discretion, night work may be required on roads that are high traffic and/or may be a safety concern to the motoring public. The Contractor agrees to perform the work, as altered, the same as if it had been a part of the original Contract. In the instance above, the determination by the Project Manager shall be conclusive and shall not subject to challenge by the Contractor in any forum, except upon the Contractor establishing by clear and convincing proof that the determination by the Project Manager was without any reasonable and good-faith basis. Authority of the Project Manager: Perform all work to the satisfaction of the Project Manager. The Project Manager will decide all questions, difficulties, and disputes, of whatever nature, that may arise relative to the interpretation of the plans, construction, prosecution, and fulfillment of the Contract, and as to the character, quality, amount, and value of any work done, and materials furnished, under or by reason of the Contract. The Director of Road Maintenance shall be the final authority. Authority and Duties of Project Manager Assistants: The Project Manager may appoint such assistants and representatives, as he desires. These assistants and representatives are authorized to Page -17- Jf J inspect all work done and all materials furnished. Such inspection may extend to all or any part of the work and to the manufacture, preparation, or fabrication of the materials to be used. Such assistants and representatives are not authorized to revoke, alter, or waive any requirement of these Specifications. Rather, they are authorized to call to the attention of the Contractor any failure of the work or materials to meet the Contract Documents, and have the authority to reject materials or suspend the work until any questions at issue can be referred to and decided by the Project Manager. The Project Manager will immediately notify the Contractor in writing of any such suspension of the work, stating in detail the reasons for the suspension. The presence of the inspector or other assistant in no way lessens the responsibility of the Contractor. The Director of Road Maintenance shall be the final authority. Limitations of Operations Night Work: During active nighttime operations, furnish, place and maintain lighting sufficient to permit proper workmanship and inspection. Use lighting with 5 ft-cd [54 Ix] minimum intensity. Arrange the lighting to prevent interference with traffic or produce undue glare to property owners. Operate such lighting only during active nighttime construction activities. Provide a light meter to demonstrate that the minimum light intensity is being maintained. Lighting may be accomplished by the use of portable floodlights, standard equipment lights, existing streetlights, temporary streetlights, or other lighting methods approved by the Project Manager. Submit a lighting plan at the Pre-construction Conference for review and approval by the Project Manager. Submit the plan on standard size plan sheets (not larger than 24 by 36 inches, and on a scale of either 100 or 50 foot to 1 inch. Do not start night work prior to the Project Manager's approval of the lighting plan. During active nighttime operations, furnish, place and maintain variable message signs to alert approaching motorists of lighted construction zones ahead. Operate the variable message signs only during active construction activities. All pickups and automobiles used on the project shall be equipped with either amber flashing lights or flashing white lights. Equip all other equipment with a minimum of 4 ft2 of reflective sheeting, or flashing lights. To avoid distraction to motorists, do not operate the lights on the vehicles or equipment when the vehicles are outside the clear zone or behind traffic control devices. Comply with all applicable regulations governing noise abatement. Have an ATSSA Certified Worksite Supervisor on site during all nighttime operations to ensure proper Maintenance of Traffic. Sequence of Operations: Do not open up work to the prejudice of work already started. The Project Manager may require the Contractor to finish a section on which work is in progress before starting work on any additional section. Interference with Traffic: At all times conduct the work in such manner and in such sequence as to ensure the least practicable interference with traffic. Operate all vehicles and other equipment safely and without hindrance to the traveling public. Park all private vehicles outside the clear zone. Place materials stored along the roadway so as to cause no obstruction to the traveling public as possible. Work not covered by Standard Specifications: Proposed construction and any contractual requirements not covered by these Standard Specifications may be covered by Contract plan notes or by Supplemental Specifications or Special Provisions for the Contract, and all requirements of such Page -18- " Supplemental Specifications or Special Provisions shall be considered as a part of these Specifications. Prosecution of Work: Give the work the constant attention necessary to ensure the scheduled progress, and cooperate fully with the Project Manager and with other contractors at work in the vicinity. Contractor's Supervision: Give the work the constant attention necessary to ensure the scheduled progress, and cooperate fully with the Project Manager and/or his appointed assistant or representative and with other contractors at work in vicinity. Contractor's Superintendent: Maintain a competent superintendent at the site at all times while work is in progress to act as the Contractor's agent. Provide a superintendent who is competent and capable of properly interpreting the Contract Documents and is thoroughly experienced in the type of work being performed. Provide a superintendent with the full authority to receive instructions from the Project Manager, including promptly supplying any materials, tools, equipment, labor, and incidentals that may be required. Furnish such superintendence regardless of the amount of work sublet. Provide a superintendent who speaks and understands English, and maintain at least one (1) other responsible person who speaks and understands English, on the project during all working hours. Worksite Traffic Supervisor: Provide a Worksite Traffic Supervisor who is responsible for initiating, installing, and maintaining all traffic control devices. Ensure that the Worksite Traffic Supervisor has at least one (1) year of experience directly related to worksite traffic control in a supervisory or responsible capacity and is certified by the American Traffic Safety Services Association Worksite Traffic Supervisor Certification Program or an equal approved by the CCBC. Use approved alternate Worksite Traffic Supervisors when necessary. Provide a Worksite Traffic Supervisor who is available on a twenty-four (24) hour per day basis, and who reviews the project on a day-to-day basis and participates in all changes to traffic control. Provide the Worksite Traffic Supervisor with access to all equipment and materials needed to maintain traffic control and handle traffic related situations. Ensure that the Worksite Traffic Supervisor immediately corrects all safety deficiencies Do not allow minor deficiencies that are not immediate safety hazards to remain uncorrected for more that twenty- four (24) hours. Ensure that the Worksite Traffic Supervisor is present to direct the initial setup of the traffic control plan and any changes to it. Ensure that the Worksite Traffic Supervisor is available on the site within forty-five (45) minutes after notification of an emergency situation and is prepared to positively respond to repair the work zone traffic control or to provide alternate traffic arrangements. The Project Manager may remove from the project any Worksite Traffic Supervisor that fails to comply with the provisions of this sub article and shut down the work until an alternate Worksite Traffic Supervisor is approved prior to starting and continuing the work. Law Enforcement Services: The Project Manager may require the Contractor to provide an off-duty law enforcement officer. Price and payment will be considered full compensation for the services of the off-duty law enforcement officer, including a marked law enforcement vehicle and all other Measurement Standards: The Project Manager or his assistant will measure all work completed under the Contract in accordance with the United States Standard Measures [International System of Units (SI) Measures]. Page -19- Items included in Payment: Contractor shall accept the compensation as provided in the Contract as full payment for furnishing all materials and for performing all work contemplated and embraced under the Contract; also for all loss or damage arising out of the nature of the work or from the action of the elements, or from any unforeseen difficulties or obstructions which may arise or be encountered in the prosecution of the work until its final acceptance; also for all other costs incurred under the provisions of Division I of the Florida Department of Transportation, Standard Specifications for Road and Bridge Construction (most current edition). Withholding Payment for Defective Work: If the Department discovers any defective work or material prior to the final acceptance, or if the Department has a reasonable doubt as to the integrity of any part of the completed work prior to final acceptance, then the Department will not allow payment for such defective or questioned work until the Contractor has remedied the defect and removed any causes of doubt. General Terms and Conditions Payment and Performance Bonds: When a maintenance project is in excess of two hundred thousand dollars ($200,000), the Contractor(s) shall be required to provide Payment and Performance Bonds. When required by Owner, the Contractor shall furnish a Performance and/or Payment Bond prior to commencing performance, for the full amount of the Work, which shall act as a security guaranteeing the performance of the Contractor's work and the payment by the Contractor to any other party (ies) providing labor and/or materials in connection with each maintenance or renovation project performed by the Contractor. The bonds shall be furnished using the forms prescribed in Exhibit "C". If the surety for any bond furnished by Contractor is declared bankrupt, becomes insolvent, its right to do business is terminated in the State of Florida, or it ceases to meet the requirements imposed by the Contract Documents, the Contractor shall, within five (5) calendar days thereafter, substitute another bond and surety, both of which shall be subject to the Owner's approval. • Hours of Operation for paving shall conform to the most current County Ordinance. Liquidated Damages: Liquidated damages shall be assessed upon any contractor not meeting the completion schedule. At the County's discretion, failure to complete a project within the Notice to Proceed (NTP) timeframe shall result in either the assessment of liquidated damages in the amount of four hundred fifty dollars ($450.00) per day for each day of noncompliance or a ten percent (10%) deduction from the total invoice cost. Delays due to weather conditions must be submitted and accepted in writing or by email to project manager or inspector. Page -20- f ) EXHIBIT B Price Schedule 14-6232 Asphalt, Milling and Related Items Page immediately following Page -21- EXHIBIT C-1 PUBLIC PAYMENT BOND Bond No. Contract No. 14-6232 KNOW ALL MEN BY THESE PRESENTS: That , as Principal, and , as Surety, located at (Business Address) are held and firmly bound to as Oblige in the sum of ($ ) for the payment whereof we bind ourselves, our heirs, executors, personal representatives, successors and assigns, jointly and severally. WHEREAS, Principal has entered into a contract dated as of the day of , 20 , with Oblige for in accordance with drawings and specifications, which contract is incorporated by reference and made a part hereof, and is referred to as the Contract. THE CONDITION OF THIS BOND is that if Principal: Promptly makes payment to all claimants as defined in Section 255.05(1), Florida Statutes, supplying Principal with labor, materials or supplies, used directly or indirectly by Principal in the prosecution of the work provided for in the contract, then this bond is void; otherwise it remains in full force. Any changes in or under the Contract and compliance or noncompliance with any formalities connected with the Contract or the changes do not affect sureties obligation under this Bond. The provisions of this bond are subject to the time limitations of Section 255.0592. In no event will the Surety be liable in the aggregate to claimants for more than the penal sum of this Payment Bond, regardless of the number of suits that may be filed by claimants. IN WITNESS WHEREOF, the above parties have executed this instrument this day of , 20 , the name of under-signed representative, pursuant to authority of its governing body. Page -22- Signed, sealed and delivered in the presence of: PRINCIPAL: By: Witnesses as to Principal Name: Its: STATE OF COUNTY OF The foregoing instrument was acknowledged before me this of 20 , by , as of , a corporation, on behalf of the corporation. He/she is personally known to me OR has produced as identification and did (did not) take an oath. My Commission Expires: (Signature of Notary) Name: (Legibly Printed) (AFFIX OFFICIAL SEAL) Notary Public, State of Commission No.: ATTEST: SURETY: (Printed Name) (Business Address) (Authorized Signature) Witness as to Surety (Printed Name) OR Page -23- As Attorney in Fact (Attach Power of Attorney) Witnesses (Business Address) (Printed Name) (Telephone Number) STATE OF COUNTY OF The foregoing instrument was acknowledged before me this day of 20 , by , as of , Surety, on behalf of Surety. He/She is personally known to me OR has produced as identification and who did (did not) take an oath. My Commission Expires: (Signature of Notary) Name: (Legibly Printed) (AFFIX OFFICIAL SEAL) Notary Public, State of Commission No.: Page -24- EXHIBIT C-2 PUBLIC PERFORMANCE BOND Bond No. Contract No. 14-6232 KNOW ALL MEN BY THESE PRESENTS: That , as Principal, and , as Surety, located at (Business Address) are held and firmly bound to , as Oblige in the sum of ($ ) for the payment whereof we bond ourselves, our heirs, executors, personal representatives, successors and assigns, jointly and severally. WHEREAS, Principal has entered into a contract dated as of the day of 20 , with Oblige for in accordance with drawings and specifications, which contractor is incorporated by reference and made a pat hereof, and is referred to as the Contract. THE CONDITION OF THIS BOND is that if Principal: 1. Performs the Contract at the times and in the manner prescribed in the Contract, and 2. Pays Oblige any and all losses, damages, costs and attorneys' fees that Oblige sustains because of any default by Principal under the Contract, including, but not limited to, all delay damages, whether liquidated or actual, incurred by Oblige; and 3. Performs the guarantee of all work and materials furnished under the Contract for the time specified in the Contract, then this bond is void; otherwise it remains in full force. Any changes in or under the Contract and compliance or noncompliance with any formalities connected with the Contract or the changes do not affect Sureties obligation under this bond. The Surety, for value received, hereby stipulates and agrees that no changes, extensions of time, alterations or additions to the terms of the Contract or other work to be performed hereunder, or the specifications referred to therein shall in anywise affect its obligations under this bond, and it does hereby waive notice of any such changes, extensions of time, alternations or additions to the terms of the Contract or to work or to the specifications. Page -25- cAo This instrument shall be construed in all respects as a common law bond. It is expressly understood that the time provisions and statute of limitations under Section 255.05, Florida Statutes, shall not apply to this bond. In no event will the Surety be liable in the aggregate to Oblige for more than the penal sum of this Performance bond regardless of the number of suits that may be filed by Oblige. IN WITNESS WHEREOF, the above parties have executed this instrument this day of , 20 , the name of each party being affixed and these presents duly signed by its undersigned representative, pursuant to authority of its governing body. Signed, sealed and delivered in the presence of : PRINCIPAL: By: Witnesses as to Principal Name: Its: STATE OF COUNTY OF The foregoing instrument was acknowledged before me this day of 201 , by , as of , a corporation, on behalf of the corporation. He/She is personally known to me OR has produced as identification and did (did not) take an oath. My Commission Expires: (Signature of Notary) Name: (Legibly Printed) (AFFIX OFFICIAL SEAL) Notary Public, State of Commission No.: Page -26- N(); ATTEST: SURETY: (Printed Name) (Business Address) (Authorized Signature) Witness as to Surety (Printed Name) OR As Attorney in Fact (Attach Power of Attorney) Witnesses (Business Address) (Printed Name) (Telephone Number) STATE OF COUNTY OF The foregoing instrument was acknowledged before me this day of , 20 , by_ , as of , Surety, on behalf of Surety. He/She is personally known to me OR has produced as identification and who did (did not) take an oath. My Commission Expires: (Signature of Notary) Name: (Legibly Printed) (AFFIX OFFICIAL SEAL) Notary Public, State of Commission No.: Page -27- Preferred Materials,Inc. EXHIBIT "B" PRICE SCHEDULE #14-6232 Asphalt&Milling Contract Section A: ITEM DESCRIPTION QTY UNIT UNIT PRICE Plant Location a > . i fi' # € r x c 4 '; s g-p 'Otdlelttt s Pictediii b�r[titmy rtik�.L rali Q ' a 0*I i 1r� 4 , * , 1 Cold Mix 1 Ton 5120.00 Naples 2 Type SP-9.5 1 Ton $68.57 Naples 3 Type SP-12.5 1 Ton $63.48 Naples 4 Type FC-5 1 Ton $104.85 Naples 5 Type FC-9.5 1 Ton $97.04 Naples 6 Type FC-12.5 1 Ton 593.56 Naples CLASS I-ASPHALT t , as , . £ r r a ,,. s & te✓ e i A r u Pt . a , a ' P' ' ,7 Spot Repair(1-SO Tons) 1 Ton $30000 i h 8 Spot Repair(11-20 Tons) 1 Ton $300.00 sS 44.4 s; r x 9 Spot Repair(21-44 Tons) 1 Ton $300.00,._aF,r`„%?'g,s" `" 10 Spot Repairs(45-66 Tons) 1 Ton $150 00 'FH";l i4.?:2 11 Spot Repairs(67-88 Tons) 1 Ton $15000 $' y�' 12 Spot Repairs(89 7 200 Tons,)„, 1 Ton $150.00 i 10440 i atd j cetliiArd&WitSb0t xepaks 3< o E a S, s vt,'s,.e Iw SPi125ws.'g oHH Hsee ^¢ r "s/fi'✓pp. .. k3 9�3 ` ' 'a 13 Spot Repair(1-10 Tons) 1 Ton $30000 0ci "r.t; 14 Spot Repair(11-20 Tons) 1 Ton 530000' '' 15 Spot Repair(21 -44 Tons) 1 Ton $300.00 y i,z 16 Spot Repairs(45-66 Tons) 1 Ton $150.00 ,�* 17 Spot Repairs(67-88 Tons) 1 Ton $15000 h ' I f' 18 Spot Repairs 89 200 Tons) 1 Ton $150.00 t 0. -s Try rnHL l Pa Sttry,N x R 11 ',.r y nt 4 li: _-a r 0 r ,ii fv.-4 , 3 " z s .'.4: , s e cwfi s 7& 4. ?a ,: 19 Spot Repair(1-10 Tons) 1 Ton $40000,Th '1 1. 20 Spot Repair(11-20 Tons) 1 Ton $400.00 ,27'y °m.: 21 Spot Repair(21-44 Tons) 1 Ton $400.00 '°,:-^ r 22 Spot Repairs(45-66 Tons) 1 Ton $200.00 4 ))a'fix 23 Spot Repairs(67-88 Tons) 1 Ton $200.00 di11%, s`;, 24 Sot Repairs(89 200 Tons 1 Ton $200 00 -M4,01 x,�r -HOt M1 L#Id Place rtrdll jobs 0 S etra[r&g3,S �,et f ,t a,�.e ` i ,c �'�.�'°1. 3 `- at „tia n ,,... ._la, a s r1$C-: ., 1:14 t!-3". e4 -, .=",i� - H'Hi,I. 25 Spot Repair(1 10 Tons) 1 Ton $30000OTiW 't.4' 26 Spot Repair(11-20 Tons) 1 Ton $300.00 ,.„x _ 27 Spot Repair(21 -44 Tons) 1 Ton $30000? -s. 'jI 28 Spot Repairs(45-66 Tons) 1 Ton $150.00 ilisill, NA 29 Spot Repairs(67-88 Tons) 1 Ton $150.00 ,. ,R 30 Spot Repairs 89 200 Tons) 1 Ton $15000`"1., �,"0'1F�` Hot Mtxiatd to Pa e:FG S ttati90 s.,„S.�� eya trs.r. t " ' � ,�., 1 4 F� z " ° K �080,4N4,1;Jm�� 4 4 FN Y � Xfe 31 Spot Repair(1-10 Tons) 1 Ton $300.00 v 1 .4 . 32 Spot Repair(11-20 Tons) 1 Ton $300.00 1y e r A" 33 Spot Repair(21-44 Tons) 1 Ton $300.00,tag "553.,4° 34 Spot Repairs(45-66 Tons) 1 Ton $150.00 MitObitlio 35 Spot Repairs(67-88 Tons) 1 Ton $150.00 ,x' ,ABM 36 Spot Repairs(89 200 Tons) 1 Ton $150.00 gatrOWS, e -r r it Hpp�� tXtaid Iti is[an 3 _ J Hr` 3'"^ , I �Fio ii1 o, -£1 r ii 9k''r � »v - r 2 '1' A �z, # e ,A„„";'s �., ,.-� �.��' _�e.�eK.<.. 6berlluro=1o642P2e�4tT,��EORSN s� a� o.,<.= ., ;-� -a.., �, 9g- «�. d� ,. 37 Type SP 9.5 1 Ton $112.00 it),tir 38 Type SP 12.5 1 Ton 5105.00',#tilgiatrOV4 39 Type FC-5 1 Ton $125.00 Slala5i i......s 40 Type FC-9.5 1 Ton $120 00 'rro 4„'t 41 T .e FC-12.5 1 Ton $115.00111, PAN ,n_ i " F n t t HQ;'MixtaidiigOi a .a` 14a j s aV 1 ,C .4 3 y A , .sum g :`faarBe'lobx14oire#(t"e 4OQTQnx H.,.r g ' . ..;?k 42 Type SP 9.5 1 Ton $102.00_ i ',Pe i 43 Type SP 12.5 1 Ton $90.00 AH-A,r: 44 Type FC-5 1 Ton $125.00$pegio4454,g, 44 Type FC-9.5 1 Ton $11500[ .E ZH.,6�,`' .E 45 Type FC-12.5 1 Ton $110.00 461M„err„s$.44,6;': CLASS II-ASPHALT a E; m a" rt, HOtMttx:; tdiQPIBfC+ei� y� q X054 u`i'r ( .,M : a_a „ ,_,i u, Smal[tofi, f.1003$t15 .'`r4',,;,... �.�'r.;i. Hs +,..u3 7 iy 46 Type SP 9.5 1 Ton $125.00%34 mft'.�3`, 47 Type SP 12.5 1 Ton $120.00 s ui,M. '� ?rll', 48 Type FC-5 I Ton $15.00 ? `€i 3.. 49 Type FC-9.5 1 Ton 5125.00 F?15 I `1 ^h 50 Type FC 12.5 1 Ton $1 2 0.0 0 T% 's 'gs�`«;igOd tt HOtN�Gt t�IO PI34E fir` s 0.1((g' 1 " - `s9,,,'i iki( ,0 r ` ..1*zSmall`JOb5'301.200'faOS �.'. .. " £?'a..1 ..eak;;_ .,T �..,.. Page 1 of 3 /---\ Preferred Materials,Inc. 51 Type SP 9.5 1 Ton $120 00 4r Ida`e_--. ;N 52 Type SP 12.5 1 Ton $100.00 ", . 53 Type FC-5 1 Ton $15.00 oJrs314r ': 54 Type FC-9.5 1 Ton $12000- i4 55 Type FC-12.5 1 Ton $11000 xg, iy" t.. c . .. ., t, ,=..� a r 1 y r a € T T � ; rS V A0 J a si*i Mik td p F, , � , x 4 ,?: 4 ? Preferred Materials,Inc. 104 5,001-15,000 Square Yards 1 SY $3 00 sly a ,▪ ,m 105 15,001-25,000 Square Yards 1 SY $3.00 A;;;:- AR 106 25,001 Square Yards and Above 1 SY $3.00 h0.0 ' : 4'14-4%; 107 Off Duty law Enforcement Officer 1 Hr $59.00 .».r' F 108 Remove Traffic Calming Device(Speed tables) 1 Ea $10.00 to 109 Provide&Install Traffic Calming Devire�Speed tables) 1 Ea $15.00 4i iik , ? d, n10r8ktitVSpA£RtiRaiC,ttHpprtse..,.; . . .. 110 Priority One(1)-Within Two(2)hour Initial Response 1 Ea $1.00 111 Priority Two(2)-Within Twenty-four(24)hour Initial Response 1 Ea $1.00 t r F'_/▪ 4 112 Priority Three(3)-Within Forty-Eight(48)hour Initial Response 1 Ea $1.00 Section B: The Following Items are not Included in Award Total. Price Adjustment for Asphalt&Related Items: ITEM DESCRIPTION QTY UNIT UNIT PRICE Pxlme Oa,Tad(Coats';PickeduptigtotntyForces"a£Plan£, 113 RC-70 1 Gal No Bid 114 RC-250 1 Gal No Bid 115 SS-1 or SS-1H 1 Gal No Bid 116 AE-60 1 Gal No Bid 117 AE-90 1 Gal No Bid 118 AE-150 1 Gal No Bid 119 AE-200 1 Gal No Bid 120 EPR-1 1 Gal No Bid 121 RA-500 I Gal No Bid 122 RS-lh,RS-2,CRS-lh,CRS-2 1 Gal $11.50 123 NTSS-lhm 1 Gal No Bid 124 Other write in Special MS Prime Material FOB Fort Myers 1 Gal $11.50 125 Other write in Gal 126 Other write in Gal s .Miscettai ewis Shoulder Ciarb-and B'asiz(tileirk e,?._.. �. , .,_ , ,...: 127 Shoulder Ground-In Rumble Strip Placement(Longitudinal Cut)Continuous 1 Mile $10,000.00 128 Shoulder Ground-In Rumble Strip Placement(Longitudinal Cut)Skip Array 1 Mile $10,000.00 7.29 Shoulder Ground-In Rumple Strip Placement(Transverse Cut)Continuous 1 Mile $10,000.00 130 Shoulder Ground-In Rumple Strip Placement(Transverse Cut)Skip Array 1 Mile $10,000.00 131 Asphalt Curb 1 LF $15.00 132 Shoulder Widening/Base Preparation(8 Inch compacted depth) 1 SY $34.00 133 Shoulder Widening/Base Preparation(12 Inch compacted depth) 1 SY $41.00 134 Miscellaneous Base Work Preparation(4 inch compacted depth) 1 SY $34.00 135 Miscellaneous Base Work Preparation(6 inch compacted depth) 1 SY $34.00, 136 Miscellaneous Base Work Preparation(8 inch compacted depth) 1 SY $34.00 137 Miscellaneous Base Work Preparation(12 inch compacted depth) 1 SY $41.00 138 Swale rework(6 feet wide,3 foot deep)Includes material disposal 1 LF $5.75 139 Swale rework(6 feet wide,2 foot deep)Includes material disposal 1 LF $5.75 140 Sod laid in place(Bahia) 1 SF $0.35 141 Sod laid in place(Flortan) 1 SF $0.60 142 Water(when requested separate from other items) 1 Gal $1.10 143 S-I Asphalt Pick up 1 Ton $65.00 144 S-III Asphalt Pick up 1 Ton $67.25 Asphalt Patch(1 1/2 inch asphalt depth)Cut out old and install compact, 145 includes material disposal and 8"base work 1 sy $250.00 Prompt Payment Terms %_Days;Net Days Page 3 of 3 ;2 Certificate of Insurance THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON YOU THE CERTU'IC IE HOLDER.THLS CERTIFICATE IS NOT AN WAIE EXTEND, R LTER COVERAGE $ THE POLICIES LISTED BELOW.POLICY LIMITS ARE NO LESS THAN THOSE M-Tr POLICY VY INCLUDE ADD IT//LIMI NO BELOW. ,LISTED.This is to Certify that Preferred Materials,Inc. 5701 E.ilillsboronh Avenue,Suite 1122 AME AND ADDRESS j _ xx . Tampa,FL 33610 OF INSURED _. INSURANCE Is,at the ice date of tb cfttlI at4 loused by the Canonry under the poIIcygfes)Iited below.The Insurance afforded by the Bred potky(kr)L object to a0 their=an,exclude=and Cordillera end i not altered by way trquitemea,tam or eordltloo of any cow or other document with=pact to which thi=Mc=may be Lund EXP DATE - TYPE OF POLICY oED POLICY NUMBER LIMIT OF LIABILITY EXTEND m POLICY TERM WORKERS 9/1/2014 WA7-C8D-004095-023 SAGS AFFORDED UNDER WC LAW°FMB FOLLOWING STATES: EMPLOYERS LIAB>l.IIra LTy COMPENSATION STATES EXCLUDING Bodily Limy bbyAccident i L SA 1.000.000 wow Bodily W4 By OW WI $1.000,000 halm raw. Belay Wiry By Dheme _ S1.000.000 COMMER GENERAL LIABILITY 9/1/2014 TB2-C81-004095-113 General Aeue� $2,000,000 m OCCURRENCE Product./Compkrd Opaafooa Awepra 0 CLAIMS MADE $2,000,000 Psi Cheerers. $2,000,000 REPRO DATE Plaaoral&Advertising Injury $2(000 P mar/Grr hodon Other DAMAGE$100,000 R PROJECT AGGREGATE Medical etc-65.000 A 9/1/2014 AS2-C81-004095-123 Accident—Single LIABILITY , , aAndP Combined Each Perm El OWED mNON-OWNED Each Accident or Ocinzience El HIRED Each Accident or Occumenee OTHER Auto:Comp Ded$10,000/Co(I Ded$10,000 EVIDENCE OF COVERAGE ADDITIONAL COMMENTS ALL PROJECTS •If the ire expiration data Is continuous or extended term,you will be mtlbed if coverage it terminated or reduced before the certificate expiration date NOTICE OF CANCELLATION:(NOT APPLICABLE UNLESS A NUMBER OF DAYS IS ENTERED BELOW.) BEFORE THE STATED E)U'!RATION DATE THE COMPANY WILL NOT CANCEL OR REDUCE THE Liberty Mutual INSURANCE AFFORDED UNDER THE ABOVE POLICIES UNTIL AT LEAST 30 DAYS NOTICE Insurance Group OF SUCH CANCELLATION HAS BEEN MAILED TO Collier County BCC, Purchasing Dept. Stan Esposito ATT: Diana DeLeon AUTLLORITFDRI�RPSENTATIVE 3327 E. Tamiami Trail Pittsburgh/0387 12 Federal Street,Ste.310 03/10/14 Naples, FL 34112 Pittsburgh PA 15212-5706 412-231-1331 OFFICE PHONE DATE ISSUED This certificate is executed by LIBERTY MUTUAL INSURANCE GROUP as respects such insurance as is afforded by those Companies NM 772 07-10 c312.rate., 17101411 MIST CODA, UI_al Micholas Miaoet 8/26/1013 107,02 PM Para 1 of 1 LDI COI 268898 02 11 I I Page 2 CERTIFICATE - ADDENDUM NAMED INSURED Preferred Materials, Inc. 5701 E. Hillsborough Avenue Suite 1122 Tampa, FL 33610 I I Additional Comments: Collier County Board of County Commissioners and their employees, officers and agents shall be an additional insured, but only if required by written contract between Collier County Board of County Commissioners and Preferred Materials, Inc.; only to the extent of the insurance limits required under this contract; only as to work performed or to be performed by or on behalf of Preferred Materials, Inc. under this contract; and only with respect to operations by or on behalf of Preferred Materials, Inc. or to facilities of or used by Preferred Materials, Inc. Insurance is primary and non-contributory ' I A CERTIFICATE OF LIABILITY INSURANCE DATE(MMIDD YYYY) 05/1912014 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER,AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy,certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). PRODUCER CONTACT MARSH USA INC. NAME;.__—_---.- -.--_--- — TWO ALLIANCE CENTER PHONE FAX (A/C.No.Ext): (A/C Nola_ 3560 LENOX ROAD,SUITE 2400 E-MAIL ATLANTA,GA 30326 ADDRESS: INSURER(S)AFFORDING COVERAGE NAIC# J34420-..-EX-13-14 INSURER A:American Guarantee&Liability Ins Co 26247 INSURED INSURER B: L PREFERRED MATERIALS,INC. — 5701 E.HILLSBOROUGH AVENUE.SUITE 1122 INSURER C: TAMPA,FL 33610 INSURER D INSURER E: INSURER F: COVERAGES CERTIFICATE NUMBER: ATL-003266069-01 REVISION NUMBER:1 THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT. TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES.LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS_ INSR ADDLISUBRT POLICY EFF POLICY EXP LTR TYPE OF INSURANCE INSR WVD POLICY NUMBER (MMIDDIYYYY) (MMIDDIYYYY) LIMITS GENERAL LIABILITY EACH OCCURRENCE S 1 COMMERCIAL GENERAL LIABILITY PRMI ES( RENTED - _ — PREE MISS(Ea occurrences $ H 1 CLAIMS-MADE OCCUR MED EXP(Any one person) $ PERSONAL&ADV INJURY $ GENERAL AGGREGATE $ GEN'L AGGREGATE LIMIT APPLIES PER PRODUCTS-COMP/OP AGG $ POLICY PRO JEGT LOC $ AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT {Ea accident] - r$ ANY AUTO BODILY INJURY(Per person) $ ALL OWNED I SCHEDULED BODILY INJURY(Per accident) $ AUTOS _ AUTOS I NON-OWNED PROPERTY DAMAGE $ HIRED AUTOS AUTOS {Per accidence A X UMBRELLA LIAB X OCCUR AUC655102504 09/01/2013 09/01/2014 EACH OCCURRENCE $ 1,000,000 EXCESS LIAB CLAIMS-MADE AGGREGATE $ 1,000,000 DED RETENTION$ I $ WORKERS COMPENSATION WC STATU- OTH- AND EMPLOYERS'LIABILITY YIN _—_CRY LIMITS ER ANY PROPRIETOR/PARTNER/EXECUTIVE N N/A E.L.EACH ACCIDENT $ OFFICER/MEMBER EXCLUDED' (Mandatory in NH) E.L..DISEASE-EA EMPLOYEE $ If yes.describe under DESCRIPTION OF OPERATIONS below E.L.DISEASE-POLICY LIMIT $ DESCRIPTION OF OPERATIONS I LOCATIONS/VEHICLES (Attach ACORD 101,Additional Remarks Schedule,if more space is required) RE:ALL PROJECTS COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS AND THEIR EMPLOYEES,OFFICERS AND AGENTS IS(ARE)INCLUDED AS ADDITIONAL INSURED(S)PER WRITTEN CONTRACT.THE UMBRELLA POLICY IS"FOLLOW FORM"AND NON-CONTRIBUTORY. CERTIFICATE HOLDER CANCELLATION COLLIER COUNTY BCC SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE ATTN:DIANA DELEON THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN 3327 E.TAMIAMI TRAIL ACCORDANCE WITH THE POLICY PROVISIONS. NAPLES,FL 34112 AUTHORIZED REPRESENTATIVE of Marsh USA Inc. Manashi Mukherjee -,r R s »• '"T u ' s ©1988-2010 ACORD CORPORATION. All rights reserved. ACORD 25(2010/05) The ACORD name and logo are registered marks of ACORD